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HomeMy WebLinkAbout20090151 Ver 1_CAMA Application_20090213'?9-015 1 ;.. A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary February 9, 2009 MEMORANDUM TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Carter FE 13 1 ? 2009 DENR - WATER UJAUTY titJETLKNDS AND STOR"'4A R "CH Project Location: 126 Edgewater Drive (off SR 1174), Shiloh, Camden County Proposed Project: Riprap alignment, backfill and construct pier/walkways Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/02/09 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer No One hCarolina Aatura!!U DIVISION OF COASTAL MANAGEMENT FIELD INVCSTIGATION REPORT 1. APPLICANT'S NAME: Robert Carter 2. LOCATION OF PROJECT SITE: 126 Edgewater Drive (off SR 1174), Shiloh, Camden County, adjacent to the Albemarle Sound. Photo Index - 2006: 243-6992 (G 10) 2000: 243-2289 (18-9) 1995: No Pictures Available 1989: 1 47-5 (T-U 7) 1984: 124-729 (G, 7) 1978: 143-1193 (E-F 8-9) State Plane Coordinates - X: 2890667 Y:896427 Rover File: E012111 A Quadrangle: Camden Point, NC (LL) 3. INVESTIGATION TYPE: CAMA / Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/22/08, 1-21-09 Was Applicant Present - Agent present, No 5. PROCESSING PROCEDURE: Application Received Complete - January 14, 2009 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Camden County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, ES, PTA (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Single-family residence, washed-out riprap. Planned - New riprap alignment, cobblestone walkway and pier/walkway. (G) Estimated Annual Rate of Erosion: 15' Source - Actual survey 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] FII I Pr) n--uco (A) Estuarine Shoreline 1,440 SF 290 SF Impervious Surface (B) Shallow Bottom PTA, EW AEC's 6,000 SF 36 SF Shaded (D) Total Area Disturbed: 7,766 sf (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: Yes Robert Carter Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant propo& alignment beyond NWL and backfill landward of te rnew alignment install at riprap cobblestone walkway leading from the residence to a proposed pier/walkway that will cross over the new riprap. Proect Settin The site of the proposed development is a residential tract that is approximately .5 size. It is located at 126 Edgewater Drive (off of SR 1174), Shiloh, Camden County, ad?acrescent to in Y the Albemarle Sound. The existing shoreline of the property is approximate) 150' Ion basin shaped with a narrow band of sand a y g and escarpment and NWL. There is an existing washed out lriprap alignment located a ar erosion 55' waterward of NWL at the widest point of the shoreline. This washed out alignmenntoconnects into existing riprap on the property to the east and to a bulkhead return wall on the property the west. The area landward of the existing riprap is shallow and filled with washed o to and exposed tree root masses. Water depths within this area are less than .5 ft nd rap substrate is made up of fine sand. The area waterward of the existing riprap also co the ntains washed out riprap and is approximately 1 ft in depth. Within the shoreline area, no coastal wetlands species exist; however, two stands of Common Reed (Phragmites austra/is are present. are The upland portions of the property have elevations that range from. 0 ft atcond NWsto L to +4 ft. made features on the tract include a single-family residence with se- deck and system. An erosion escarpment exists 8' from the deck pilings and NWL is approximately nd a 12' from the deck pilings. Vegetation on the property includes yard grasses orn bushes, deciduous trees, loblolly pines (Pious taeda , amental ), groun and wax myrtle (Myrica cerifera). The soil on the property isdma euup of fine sa,s ha/imifo/ia), nds. The adjacent property to the east contains a single-family residence, a riprapped shoreline and a pier that has a boathouse and a boatlift. The adjacent property to the west contains a single- family residence, a bulkheaded shoreline, and pilings for a pier and platform with no installed. decking ecking The waters of the Albemarle Sound in this area are classified as SIB and are taking. There is approximately 15 miles of open water south of the open shellfish site approximately 5 miles of open water to Wade Point, located to the southwest of the and Although Submerged Aquatic Vegetation exists in this area of the Albemarle Sound site. observed within the project area. ,none was Development Proposal Due to the proximity of the house to NWL, the applicant first proposes to lace clean upland fill material within the eroded area beginning 12' landward of the current NWL where elevation is +4 ft above NWL and push material waterward of NWL an average the distance land 51.5' and a maximum distance of approximately 62'. The total area to be filled of measures approximately 6,840 sf. Approximately 1,440 sf of this area will be landward ogf NWL and 5,400 sf will be waterward of NWL. Prior to riprap placement, filter fabric will b NWL prevent erosion. be placed to Robert Carter Field Investigation Report Page 3 The existing riprap will be realigned and additional riprap will be added to stabilize the shoreline. The proposed alignment will tie into the shoreline to the east that has been stabilized with riprap and will extend to the western shoreline where it will tie into the corner of an existing bulkhead. The toe of slope limit of the proposed riprap alignment will be approximately 6 ft waterward of the existing riprap toe and will be a length of 100' for an additional 600 sf of fill area. A proposed 24'x 6' pier/walkway will then be constructed to access the waters of the Albemarle Sound. The pier/walkway will be constructed in a way that it will be elevated above the riprap and divided such that 18' will be landward of NWL and 6' will be waterward of NWL. Steps will be constructed on the upland side and a vertical pool type ladder will be built on the waterward end to provide access to the water. The applicant then proposes to construct a 58'x 5' cobblestone walkway leading from the limits of the upland disturbance to the pier/walkway. Based on a new 30' buffer created by the proposed project, the cobblestone walkway will encroach 12' into the 30' buffer creating 60 sf of impervious surface within the buffer. The remaining 46' of the walkway will be landward of the 30' buffer and will create an additional 230 sf of impervious surface within the new 75' Estuarine Shoreline AEC. Anticipated Impacts • The development proposal will result in the filling of 6,000 sf of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source. • The development proposal will result in the filling of 1,440 sf of the Estuarine Shoreline AEC with clean fill from an upland source. • The placement of the pier will result in the shading of 36 sf of shallow water habitat within the Estuarine Waters and Public Trust Area AEC's. • The placement of the cobblestone walkway will create 290 sf of impervious surface within the Estuarine Shoreline AEC, 60 sf of which will be within the 30' buffer area. Submitted by: Ron Renaldi Date: February 4, 2009 November 24, 2008 HYMAN ¦ ROBEY-1 SOLUTIONS FROM THE GROUND UP Project narrative for 126 Edgewater Drive, Shiloh, NC 27974 Robert Carter 126 Edgewater Drive Shiloh, NC 27974 The owner, Bob Carter, wishes to repair, reinforce, and realign an existing rip rap bulkhead on his personal residence. It was severely damaged during hurricane Isabel. This initial damage opened the way for subsequent storms to erode the shore line to a point now, where the home on the lot is in danger with only a 12' separation from the home and the NWL. This is documented with two surveys a year apart, and shown on the site plan attached. First we plan to back fill the eroded area with clean fill material (clay loam, or sand depending on availability) to the fill limit as permitted. This will be trucked in from area pit mines and spread with a back hoe, and bull dozer. Next, the filter fabric will be placed to prevent wash out from wave action around the rip rap stone. The various sizes, from 6" x 36" rip rap will be placed with a backhoe or excavator as shown on the approved plan, and then all areas will be seeded and stabilized to prevent erosion. Next will be the construction of an elevated walk and pier to access the sound waters. The walk/pier will be 6' wide and 24' long, centered over the rip rap. Steps will be constructed on the upland side, and a vertical pool type ladder will provide access to the water. A 5' wide cobblestone walk way will lead from the house to the pier steps. The walk will impact the 30' AEC with 70 square feet of impervious area, and connects the pier (a water related structure) to his home, with an all season walkway. As you can see from the site plan, the severe rate of erosion is documented with two surveys; one on March 6, 2007, and the other, May 22, 2008. Mr. Carter wished not only to recover some of this area lost in the last year, but also have a continuous shoreline, thus removing the "debris pocket" now existing by the inset in the shoreline. This recovered area will also improve water quality with a longer distance for runoff to travel off of existing impervious surfaces on the property. No SAV's were observed on site, and are non existent due to the turbulent nature of the shoreline. V?i i _. DLtdh; VrA l r ?13.U 11 APPLIC91811for ,.'EP V. KIN Major Development Permit r (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name N/A Project Name (if applicable) Applicant 1: First Name Robert MI I Last Name Carter Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 126 Edgewater Drive PO Box City Shiloh State NC ZIP 27974 Country USA Phone No. 252 - 336 - 2395 ext. FAX No. - Street Address (if different from above) City State ZIP Email roberticarter@yahoo.com 2. AgentContractor Information Business Name Hyman & Robey, Pc Agent/ Contractor 1: First Name MI Last Name Edward T Hyman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State PO Box 339 339 Camden NC ZIP Phone No. 1 Phone No. 2 27921 252 - 338 - 291 3 ext. 821 ext. FAX No. Contractor # 252 338 5552 Street Address (if different from above) City State ZIP 150 US Highway 158 East Camden NC 27921- Email eddie@hymanrobey.com <Form continues on back> 2 . s%2: i,0 -26'?Ei "t-.? _ .. :4.. .. 1,°i?"'Y . _ c4=S.b ra'roc a na=c;c . -ai Form DCM MP-1 (Page 2 of 4) r% 1," t. 2 ?008 APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Camden 126 Edgewater Drive off of SR 1163 Subdivision Name City State Zip Edgewater Subdivision Shiloh NC 27974- Phone No. Lot No. (s) (if many, attach additional page with list) 252 - 336 - 2395 ext. 141, , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Camden County Planning & Zonning 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 100' +/- 20,000 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 15,000 sq ft, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4' ?NHW or ®NWL e. Vegetation on tract grassed yard with myrtle and pine trees, the shoreline is scattered with various non-wetland plants f. Man-made features and uses now on tract existing house for residental use g. Identify and describe the existing land uses adjacent to the proposed project site. residental use h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-2 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> v.E r Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? rjyf ?Yes ®No (ii) Are there coastal wetlands on the site? ?Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. in ground septic tank and drain field o. Describe existing drinking water supply source. ?l v,cJ %y WAT-e x_ p. Describe existing storm water management or treatment systems. storm water drains through grass yard with no concentration of flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ?Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. To stabilize shore line by reparing and re-aligning the existing rip-rap bulkhead, the construction of a 6' wide X 24' long walk/pier will give easy access to the sound for recreation . The daily use will be residental. See narrative for better details. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Equipment used will be as follows, dump truck to haul sand for back fill, bulldozer to spread back fill and to place rip-rap, all will be stored on site for the duration of the job (approximately two weeks) d. List all development activities you propose. backfill to permit limits, install filter fabric and rip-rap, seed and stabilize all disturbed areas, construct walk/pier e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 5400 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. storm water is the only discharge existing or proposed i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA j. Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Camden Point Association Phone No. N/A Address 141 Edgewater Drive, Shiloh NC 27974 Name William Gregory Phone No. 252-336-7402 Address 128 Edgewater Drive, Shiloh NC 27974 Name Warren Riggs Phone No. 252-336-4362 Address 299 Pond Road, Shiloh NC 27974 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. L7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. t}rv Date 9/23/08 Print Name Robert I Carter Signature?i - "`r Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information L Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization) Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? []Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of disposal in these areas: d. (i) Willa disposal area be available for future maintenance? []Yes ?No ?NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ?No ?NA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ?This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: []Bulkhead ERiprap []Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: 40' e. Type of stabilization material: 6"to 36" rip-rap placed on filter fabric g. Number of square feet of fill to be placed below water level. Bulkhead backfill 4800 Riprap 600 Breakwater/Sill Other L Source of fill material. local pit mines b. Length: 100' Width: 6' d. Maximum distance waterward of NHW or NWL: 60' f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. 15' by actual survey h. Type of fill material. sand/clay loam 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh l(W) If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ?CW ?SAV ?SB (iv) Purpose of fill ?WL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? disturbed areas will be seeded and stabilized with silt fence along backhoe shoreline c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ?Yes ®No ?NA site? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. (? ester ? .,+ 9/23/08 Robert I Carter Date Applicant Name 47- tf Robert i Carter Applicant Signature ., ae Nil Project Name Form DCM MP-3 (?c?fV J? 21 t UPLAND DEVELOPMENT r: (Construction and/or land disturbing activities) ?N? Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 none c. Density (give the number of residential units and the units per acre). n/a e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ?No [DNA (ii) If yes, list the date submitted: existing of d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 60 sq ft for walkway 1440 sq ft disturbed area in connection with filling (tytS4-111 AEe't ) RA•A 1->3-d1 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Cobblestone walkway g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. A?+er LkN 12% Existing 3% Proposed c!evtbprK,.,, ' `,.? _001 i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehigula driveways or parking. f2 r , Aul 8% Existing 7% Proposed c!t.ydapo..,.,-? j. Describe proposed method of sewage disposal. N/A I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). none h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ?Yes ?No ®NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ?Yes ?No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ?Yes UNo ?NA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ?Yes ®No ?NA community, public system, etc.) (ii) If yes, how many acres? o. When was the lot(s) platted and recorded? December 22, 1971 p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ?Yes ?No ®NA .4 9/23/08 Date liri• •;a,r? '?' C,Jt -Robert I Carter CC . 117c !° ?lij t°" 1 r? nor, Project Name Robert I Carter Applicant Name Applicant Signature SAC ? ;'ref H??' Form DCM MP-4 STRUCTURES cl! (Construction within Public Trust Areas) v - Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS []This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ?Public/Government ®Private/Community ?Yes NNo c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 24' (iv) Width 6' (v) Floating ?Yes ENo e. (i) Are Platforms included? ?Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 0 (ii) Number of slips existing 0 d. (i) Are Finger Piers included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes ENo If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ? Dockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ® Other, please describe: none i. Check the proposed type of siting: ? Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: n/a m. (i) Will the facility have tie pilings? ?Yes ONo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). pier is for pedestrian access only 1. (i) Will the facility be open to the general public? ?Yes ®No eta ??. a o 4) 2, DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: 71 b. Describe treatment type and disposal location for all sanitary wastewater. 'Y c. Describe the disposal of solid waste, fish offal and trash, d. How will overboard discharge of sewage from boats be controlled? " / Vi e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No '!'ex, pegs 3 of .. n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL :(None J agetatiop shell botlum f? f LmLi p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 1t7re ?l( ?fA 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ED This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is the structure(s): ?Commercial ?Public/Government ?Private/Community c, Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL l a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 47' 90' Note: For buoy or mooring piling, use arc of swing including length of vessel c. Width of water body d. Water depth at waterward end of structure at NLW or NWL miles and miles +/_ 1 e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER El This section not applicable a. Give complete description: 9/23/08 Date Robert I Carter Project Name Robert I Carter ?- ? .•G'??,_ _ .11;x; s Applicant Name Applicant Signature Map Output Page 1 of 1 ^ip t 1? Pb,eq ?EwA7?2 D(zlth? no it • l FQoM CAr?DEQ C????P?eCitc O? US bk+?? ISg AµD TAB 343T? , 'its 'C-?e_rts tt?ro TEk?SD N c 34;?) P?X`17- Ac.so 'A ? FD ??d? To ? cvz onj ?PZLoIsE? L-f* CAL-L- EDD(e? N\?rvAQ zsz ? n z?713 http: //gis. camdencountync. gov/servletlcom.esri.esrimap.Esrimap?S erviceName=camdenro... 7/10/2007 F?AIe4D15G CAMS MAJOR PERMIT FEE MATRIX Applicant: Robert Carter Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial 0 development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial 0 development that does not $400 100%($400) 0%( $0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- E] commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial ? development, if General Water Quality Certification $400 100%($400) 0%($0) No. 3490 (See attached) can be applied: III(C). If General Water 0 Quality Certification No. 3490 (see attached) could $400 60%($240) 40%($160) be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3490 (see attached) cannot $400 60%($240) 40%($160) be applied: IV. For development that involves the filling and/or excavation of more than $475 60%($285) 40%($190) one acre of wetlands and/or open water areas: a. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT R - Action Id. 2008-02369 County: Camden U.S.G.S. Quad: Camden Point ^3Y NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Robert Carter Address: 126 Edgewater Drive Shiloh, NC 27974 Telephone No.: Property description: Size (acres) 1 Nearest Town Shiloh Nearest Waterway Albemarle Sound River Basin Chowan USGS HUC 03010205 Coordinates Location description Property is located at 126 Edgewater Drive, off Sailboat Road, adjacent to the Albemarle Sound, south of Shiloh, Camden County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination X There are Navigable Waters of the United States within the above described property subiect to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on June 23, 2008. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Page 1 of 2 Action Id. 2008-02369 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Josh Pelletier at 252-975-1616 extension 34. C. Basis For Determination There were no Department of the Army jurisdictional wetlands found onsite. Site was adjacent to the Albemarle Sound and may be subject to Section 10 and Division of Coastal Management regulations. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Josh Pelletier, Project Manager, Washington Regulatory Field Office Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Date August 19, 2008 Expiration Date August 19, 2013 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. Copy furnished: Eddie Hyman Hyman and Robey Page 2 of 2 41 r} H `` "xr T CATION OF-,AWVHNI TRA T I15APPEAL" OP,TIOlYS AND PROGESS AND?,4 4t Y 1 C {T? ? M. 11 v' 4.-.. _ \ F -Tye ?e ,?' yt t #,LL.I.QU; 1,0? ?7r?P eT YJ w. _:'F? 4 tt.}?*tp4 f` ?, ?f`lyr ' Applicant: Robert Carter File Number: 2008-02369 Date: August 19, 2008 Attached is: See Section below ? INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) ? PROFFERED PERMIT (Standard Permit or Letter of permission) g ? PERMIT DENIAL C ? APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htti)://www.usace.army.mil/inet/ftmctions/cw/cecwo/reg or Co Ts regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. CONTACT FOR QUESTIONS OR INFORMATION: POINT OF _ If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Josh Pelletier Mr. Mike Bell, Administrative Appeal Review Officer Washington Regulatory Field Office CESAD-ET-CO-R PO Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, NC 27889 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: , Project Manager, Regulatory Field Office, , , North Carolina For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 PHY51CAL SURVEY SHEET 1 OF z FOR SEE SHEET 2 ROBERT CARTER FOR SECTION DETAILS SHIL OH TOWNSHIP v CAMDEN COUNTY, NORTH CA ROL INA D 91 VICINITY M APBE/NG LOT 141 OF EDGEWA TER SUBDIVISION AS RECORDED IN MB. 2, MARCH 06, 2007, REV. it 07-05-07,REV,f2NOV 10, 2008 REV,y3 11/20/2008,REV,4'4 01/09/2009 GRAPHIC SCALE 40 0 20 40 BO 1 I_ NOTE: DEED BOOK 256, PAGE 138 I AND DEED BOOK 176, PAGE 591 ( IN FEBI' ) 1 inch - 40 ff. _ ,.NOTE: ELEVATIONS SHOWN _ FILL BELOW NWL FILL ABOVE NWL - AL REFERENCE NWL=0.00' _ Y w ` - 149 SO FT 220 SO FT TO* 1360 SO FT 3891 SO FT 5400 TOTAL r- ` - ALBEMARLE SOUND TOE OF SLOPE LIMITS -NWL V ?a E A ? Y EXISTING _ ?.PROPOSEp RIP?RAP ?-O Op p?p? pp 1 XIS -? - "EXTENSION EXI?I?NG BULKHEAD O O ? O RIP/RAP o w ' f AREA TO BE FILLED BEYOND aft __ORIGINAL RIP RAP _0.50' I 0'a / t 149 SQ. FT. -0.50- - \ DAMAGED RIP RAP TO BE uwj A ' EPAIRED PER CROSS SECTION F7. 1360 SQ N s FOUND WITHIN FILL ARE NO SAV h^ o ?," 0 ' . A - 0.10 0 ,.. r -0.10' o NWL SCATTERED RIP RAP -qYM/2007 0 t A BACKFILL THIS eREA NWL p co _J "." a 1 , 3891 SOFT. ` g a 3 12.00' 05/22 B 4' ABOVE NWL LIMITS OF UPLAND DISTURBANCE o - ' K 0 1440 SO FT A° DEC o I 9 38.45' AEC UNE ? _ - " "- o 6 EXISTING o ' WILLIAM & CHARLENE GREGORY t2 DWELLING , 128 EDGEWATER DRIVE 3 981 Sob w I SHILOH, NC 27974 o ` FT 0 ' v 0 0 24.35 r .71 140 ` I, I '? ;? WARREN ORIGGS z - 299 POND ROAD TIE LINE TABLE - - - - - 75 AEC LINE SHILOH, NC 27974 LINE LENGTH BEARING 0 ' 0"E ' /41 (rQ??I 01' + 50 14Z 29 0 TL1 12.0 S68 I,° 1 . 15,000 SF ; I 0.34 ACRES (TIE LINE) (TIE LINE) BY COORDINATE METHOD I `"1 _ N66'34'00"W 14 0E _ S68'29'0 100,05' TO EIR TLt _ S68'29'00"E 100.00' 100.17' TO EIP y q LEGEND CALCULATED POINT SET 1/2" REBAR CAMDEN POINT ASSOCIATION O EXISTING CORNER BOUNDARY LINE NOR7H CAROLINA, CAMDEN COUNTY 141 EDGEWATER DRIVE SHILOH, NC 27974 RIGHT OF WAY LINE PROPERTY EXTENSION R£v7£w OFFICER OF CAMDEN COUNTY ' 0 0 0 0 0 0 0 0 -BULKHEAD - -SHORE LINE / CER77FY THAT THE MAP OR PLAT TO WHICH THIS C£R17FICA7701V /S AFFIXED M£E75 ALL Norf. TH/S PROPERTY /S LOCA7FD STA7UMRY REOU/R£MENTS FOR RECORDING. EDWARD T, HYMAN JR. / IN FLOOD HAZARD ZONE AE (6)" , PLS-2690, CER77FY, MAP PANEL IJ720888800 ? 1HAT THIS PLAT IS OF DA7FD OCTOBER 5, 2004 REVIEW OFFICER AN EXIS77NG PARCELS OF LAND. FIN/SHED FLOOR ELEV - NIA T. HYMAN JR., CERTIFY THAT r C qR N WAS DRAWN FROM AN ACTUAL 5A 20 SURVEY MADE UNDER MY % a • THA T THE DEED •'• 111 1 Id Al p N. c DESCRIPTION FOR SAID io PROPERTY lS D.B. 176 PG 591: THA T THE ERROR OF CLOSURE /S 1: 10, 000+: THA T 04: N AP WAS PREPARED IN ' ••'y •' O THIS M OARD RULES 4 . ? ° J • %F •• o A USHW)'158E Q , ACCORDANCE WITH B r ...... ? p 150 VRE WrNESS / T HYMP?` , Camden, North Carolina 27921 UMBER AND SEAL THIS 10 REG/STRA 110N N " '""11110 252 338-2913 252 335-1888 OA Y OF NOVEMBER, 2008 N68'29'00"W` ' a to 100.00 ,.,. o _. _,.. ,•..,.-, _ ?..•......,._,.... 01d . Ic VARIES 2.5 -I I-ISAND/ SOIL II I I II I I EXISTING 1I- 1J_LI_BACK. ILL 1 1- RIP-RAP EXISTING SOIL - 2 LAYERS PROPOSED OF FILTER RIP-RAP FABRIC (6--36- STONE) SECTION A - A VARIES 24.00' WIDE PIER X8X16 SAND/ SOILi \ EXISTING \1 ?\\/ \\? BACKFILL ?? ?/? RIP-RAP-; EXISTING SOIL { 2 LAYERS OF FILTER FABRIC SECTION B - B 8X8X16 , I r i PROPOSED RIP-RAP (6--36- STONE) SECTION DETAILS DRAWN: JHS/JWB p FOR SCALE: T SALE 1"_10' ROBERT CARTER DATE: 10 Land Consulting SHILOH TO WNSHIP 11-10-08 DRAWING # Surveyors Engineers M $ CAMDEN COUNTY 070110 150 A U.S. HWY. 158 E. SPIFFY# Camden, North Carolina 27921 NORTH CAROLINA 2 of z -1 (252) 338-2913 (252) 33535-1888 $ LL Y6 Yr ` SUR`F' T. HYMPC`'• 11111111 +/- 1.5'