20070620 Ver 1_401 Application_20070407

Cypress landing
April 5, 2007
Mr. Kyle Barnes, Engineer
401 Wetlands Unit
Division of Water Quality
Department of Environment and Natural Resources
943 Washington Square Mall
Washington, NC 27889
Re: Pre-Construction Notification Application Form
Dear Mr. Barnes:
Enclosed please find a completed Pre-Construction Application Form for approval to
locate a kayak storage facility along our community's waterfront on the landside parallel
to an existing boardwalk which is at the waters' edge of Chocowinity Bay. The facility
would be contained within our bulkhead maintenance corridor within Zone 1. In
discussing this project with Chris Pullinger of your staff, this project might fit under the
playground equipment waiver.
The project covers less than one acre and impacts no streams.
If you or your staff has any questions, please call Bill Lord of our Homeowners Board of
Directors at: 252 946 2069.
Thank you in advance for your assistance.
Sincerely,
Robert Schultz
President, Cypress Landing Master Homeowners Association
100 MARINA DRIVE, CHOCOWINITY, NC 27817 OFFICE 252.975,3255 FAX [phone]

Office Use Only:
Version Mazch OS
Form
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
II.
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit
Rules
^ Section 10 Permit ^
DWQ
^ 401 Water Quality Certification ^
Certification
Riparian or Watershed Buffer
Isolated Wetland Permit from
Express 401 Water Quality
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the
401 Certification is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program
(NCEEP) is proposed for mitigation of impacts, attach the acceptance letter
from NCEEP, complete section VIII, and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties
(listed on page 4), and the project is within a North Carolina Division of
Coastal Management Area of Environmental Concern (see the top of page 2
for further details), check here:
Applicant Information
1. Owner/Applicant Information
Name: Cypress Landing Master Homeowners Association
Mailing Address: 100 Marina Drive, Chocowinity, NC, 27817
Telephone Number: 252 946 3255 Fax Number: 252 946 0955
E-mail Address: cypresscam(a~earthlink.net
Website: http://www.cypresslandingnc.com/
2. Agent/Consultant Information (A signed and dated copy of the Agent
Authorization letter must be attached if the Agent has signatory authority for
the owner/applicant.)
Name: N/A
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. The specific footprints of all buildings, impervious
surfaces, or other facilities must be included.
Attached please see:
Attachment A: Topographical map indicating location of Cypress Landing
Attachment B: Location of propose kayak storage facility with Cypress
Landing community
Attachment C: Arial view of location of proposed kayak storage facility on
Chocowinity Bay.
Attachment D: Drawing of a proposed kayak storage rack.
Attachment E: Photograph of a prototype kayak rack with a kayak in place
Attachment F: Photograph of area with a prototype kayak rack with a
kayak in place, another view
1. Name of project: Kayak Storage Facility
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 56186844
4. Location
County: Beaufort Nearest Town: Chocowinity
Subdivision name (include phase/lot number): Cypress Landing
Directions to site (include road numbers/names, landmarks, etc.):
At intersection of routes 17 and 33 in Chocowinity, take route 33 east to
Old Blunts Creek Road and sign for Cypress Landing. Turn left onto
Old Blunts Creek Road. Take the first left into Cypress Landing and
proceed north and follow signs to office and marina. Park in marina
parking lot, walk to shoreline. Proposed kayak storage facility is to the
left (west) between the bank and the boardwalk. See attachments A and
B.
5. Site coordinates (For linear projects, such as a road or utility line, attach a
sheet that separately lists the coordinates for each crossing of a distinct
waterbody.)
Decimal Degrees (6 digits minimum): 35°.30.146' N 077°.02.855'W
Page 2 of 9

6. Property size (acres):
The area on which the proposed kayak storage racks are to be placed is
roughly 480 square feet (210'x 4' within our bulkhead maintenance
corridor), roughly 2/100th of an acre. The area between the existing
boardwalk and the base of the bank is roughly 2,500 square feet (210" x
12'), about 1/20 of an acre.
7. Name of nearest receiving body of water: Chocowinity Bay
8. River Basin: Pamlico
(Note -this must be one of North Carolina's seventeen designated major river
basins. The River Basin map is available at
http://h2o. enr. state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity
of the project at the time of this application:
This site is an embankment in Zone 1 that is sparsely covered with
primarily smaller trees and pine seedlings. Since the site is largely
shaded most of the day, it has no appreciable grasses. There are areas
with back-filled gravel as there is a bulkhead along the inner edge the
boardwalk. See attachment C.
Describe the overall project in detail, including the type of equipment to be
used:
This would be similar to "play ground" construction. See attachment D.
The proposed kayak storage racks would be placed on the ground
adjacent to and parallel to the existing boardwalk within our bulkhead
maintenance corridor: we propose placing approximately 18 double-high
racks constructed out of wood. The racks would be secured to the ground
though the use of screw type earth anchors (typically used for trees or
small buildings) and leveled with small blocks. Only hand tools would be
used. There will be no digging. All efforts will be made not to disturb the
existing vegetation and to encourage vegetation.
9. Explain the purpose of the proposed work:
The purpose is to store kayaks in close proximity to the water. Only
Cypress Landing property owners will be permitted their use. There will
be use guidelines.
Page 3 of 9

IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or
obtained for this project (including all prior phases of the same subdivision) in the
past, please explain. Include the USACE Action ID Number, DWQ Project
Number, application date, and date permits and certifications were issued or
withdrawn. Provide photocopies of previously issued permits, certifications or
other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable).
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project?
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to wetlands, open water, and stream channels associated with the project.
Each impact must be listed separately in the tables below (e.g., culvert installation
should be listed separately from riprap dissipater pads). Be sure to indicate if an
impact is temporary. All proposed impacts, permanent and temporary, must be
listed, and must be labeled and clearly identifiable on an accompanying site plan.
All wetlands and waters, and all streams (intermittent and perennial) should be
shown on a delineation map, whether or not impacts are proposed to these
systems. Wetland and stream evaluation and delineation forms should be
included as appropriate. Photographs may be included at the applicant's
discretion. If this proposed impact is strictly for wetland or stream mitigation, list
and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
No wetland impact is anticipated. No land will be disturbed. The project
borders open water, but there are no streams or ponds in the project area.
See attachment C.
Two additional alternative designs were considered during the application
process. One was a cantilevered rack on the waterside of the boardwalk
which would have been a significant safety issue as an attractive nuisance for
children while limiting fishing access along the boardwalk. The other
alternative was an upright storage rack design proposed by DWQ. A visit to
Inner Banks Outfitters was made by us to have a look at the 'stand up'
Page 4 of 9

storage option. The owner, Liane Harsh, was happy to discuss the option.
First, she would not recommend storing kayaks upright because of the
potential damage that could be incurred by doing so. When asked about the
one they had standing up in front of the store, she said it was a damaged one
that they put out to attract attention to the store. Her recommendation was
to store them hull down or on their side because the hull is stiffer than the
deck. We also talked with a kayak owner at the store who recalled that her
owner's manual did not recommend storing it upright. Going one more step
deeper, we obtained a Current Designs Kayak Owner's Manual that says the
following about transportation & storage:
"A composite kayak is usually carried deck up and hull down because the
hull is built stiffer than the deck.....Some racks have 'towers' or upright
supports which allow the kayak to be carried on its side where the boat is
stiffest."
Thus, DWQ's proposed alternative was rejected as well.
The design in Attachment D is the one we believe best meets our needs while
minimizing impact to our bulkhead maintenance corridor.
2. Individually list wetland impacts.
limited to mechanized clearing,
ditching/drainage, etc.
N/A
Types of impacts include, but are not
grading, fill, excavation, flooding,
3. List the total acreage (estimated) of all existing wetlands on the property
N/A
4. Individually list all intermittent and perennial stream impacts.
N/A
5. Individually list all open water impacts.
N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project
N/A
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~To
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts
should be included above in the wetland and stream impact sections. Also,
the proposed pond should be described here and illustrated on any maps
included with this application.
N/A
Page 5 of 9

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be
useful to provide information related to site constraints such as topography,
building ordinances, accessibility, and financial viability of the project. The
applicant may attach drawings of alternative, lower-impact site layouts, and
explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss
construction techniques to be followed during construction to reduce impacts.
There will be no digging; every effort will be made not to disturb existing
vegetation and to encourage additional vegetation.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by
the NC Division of Water Quality for projects involving greater than or equal to
one acre of impacts to freshwater wetlands or greater than or equal to 150 linear
feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on January 15, 2002,
mitigation will be required when necessary to ensure that adverse effects to the
aquatic environment are minimal. Factors including size and type of proposed
impact and function and relative value of the impacted aquatic resource will be
considered in determining acceptability of appropriate and practicable mitigation
as proposed. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project; establishing and
maintaining wetland and/or upland vegetated buffers to protect open waters such
as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values,
preferable in the same watershed.
1. Provide a brief description of the proposed mitigation plan.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem
Enhancement Program (NCEEP). If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
N/A
Page 6 of 9

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or
the use of public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the National or North Carolina Environmental
Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA
document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If
so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^
No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to required state and local buffers associated with the project. The
applicant must also provide justification for these impacts in Section VII above.
All proposed impacts must be listed herein, and must be clearly identifiable on the
accompanying site plan. All buffers must be shown on a map, whether or not
impacts are proposed to the buffers. Correspondence from the DWQ Regional
Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A
NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC
02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water
Supply Buffer Requirements), or other (please identify? Yes ®No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the
riparian buffers. If buffer mitigation is required calculate the required amount
of mitigation by applying the buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 2,500 3 (2 for Catawba) N/A
2 - 1.5
Total
'~ gone 1 extends out 3U feet perpendicular from the top of the near bank of channel; Zone 2
extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9

3. If buffer. mitigation is required, please discuss what type of mitigation is
proposed (i.e., Donation of Property, Riparian Buffer Restoration /
Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please
attach all appropriate information as identified within 15A NCAC 2B .0242 or
.0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the
site. Discuss stormwater controls proposed in order to protect surface waters and
wetlands downstream from the property. If percent impervious surface exceeds
20%, please provide calculations demonstrating total proposed impervious level.
There will be no impervious acreage.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or
discharge) of wastewater generated from the proposed project, or available
capacity of the subject facility.
There will be no sewage.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any
Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result
in additional development, which could impact nearby downstream water quality?
Yes ^ No
If no, please provide a short narrative description:
There are no plans for additional development in this area which could
impact water quality.
Page 8 of 9

XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance
of desired construction dates to allow processing time for these permits.
However, an applicant may choose to list constraints associated with construction
or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species,
accessibility problems, or other issues outside of the applicant's control).
We have placed a prototype kayak storage rack on the proposed site for
review, by DWQ. See attachments E and F.
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
4•~ •c~~
Page 9 of 9

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ATTACHMENT B: LOCATION OF PROPOSED KAYAK STORAGE
FACILITY WITHIN CYPRESS LANDING COMMUNITY ___
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ATTACHMENT C: ARIAL V LOCATION OF PROPOSED
KAYAK STORAGE FACILITY ON CHOCOWINITY BAY

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ATTACHMENT D: DRAWING OF A PROPOSED KAYAK RACK °°~ .. ,,~~,. f ~'•' ~~°°'~""`~'S ' °~"~° ~
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ATTACHMENT E: PHOTOGRAPH OF AREA WITH A PROTOTYPE OF
PROPOSED KAYAK STORAGE RACK WITH A KAYAK IN PLACE

ATTACHMENT F: PHOTOGRAPH OF AREA WITH A PROTOTYPE OF
PROPOSED KAYAK STORAGE RACK WITH A KAYAK IN PLACE,
ANOTHER VIEW
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