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HomeMy WebLinkAbout19880145 Ver 1_COMPLETE FILE_19880101J _- tpwO Permit Class Permit Number NEW STATE OF NORTH CAROLINA 92_88 Department of Natural Community Development 11 C eSb r ion 1,5 a Mai 1 ntin onmental i , (` :;n Con' Excavatio36 l ei to NCGS 113-229' c. Issued to M.A. Mfgf = & Janes BM C/O JW_ Construction Co. of Dare County P.O. Boat 400, Avon, NC 27915 authorizing development in Dare Countyat the Pamlico Sound. lots 90 & 91 Amber 1 ack Court as requested in the permittee's application dated 2/26/88 including This permit, issued on . , is.subject to compliance with the application (where consistent with the permit), all applicab a regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will be positioned landward of any wetland vegetation. .. Vegetated wetlands will not be filled. To prevent an unintentional violation of this authorization, representatives of the N.C. Division of Coastal Management and the Corps of Engineers will be available to stake the bulkhead alignment prior to.construction. (2) All backfill materials will be obtained from a high ground source and . confined landward of the permitted bulkhead." (3) The fill material will _ be, clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. .(4)- -Thee disturbed-areas will -be lproperly graded and provided a ground-rover sufficient to restrain erosion within thirty.(30) days of project completio (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel wltbn the project is inspected forrcompliance7 <,._ Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1991 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. GGl?tr- d W. Owens, Director .? Division of Coastal Management This permit and its conditions are hereby accepted. - Signature of Permittee M.A. McCaffrey & James Barry Permit #92-88 C/O J&B Construction Co. of Dare Co. Page 2 of 2 ADDITIONAL CONDITIONS (5) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction- related discharge. (6) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the structure without having the permit transferred to a third party. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 May 17, 1988 SUBJECT: File No. SAWC088-N-028-0276 Mr. John Parker Division of Coastal Management North Carolina Department of _ Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: h,rMj 2 3 'I1Ir? f.1 Reference the application of Messrs. M. A. McCaffrey and James Barry for a Department of the Army permit to construct and backfill a bulkhead on Pamlico Sound adjacent Lots Nos. 90 and 91, Hatteras Village, Avon, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will be positioned landward of any wetland vegetation. Vegetated wetlands will not be filled. To prevent an unintentional violation of this authorization, representatives of the N.C. Division of Coastal Management and the Corps of Engineers will be available to stake the bulkhead alignment prior to construction. b. All backfill materials will be obtained from a high ground source and confined landward of the permitted bulkhead. c. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. -2- f* d. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transfered to a third party. e. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 15, 1988 Regulatory Branch SUBJECT: File No. SAWC088-N-028-0276 ?sPR 1 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: C E? v Enclosed is the application of Messrs. M. A. McCaffrey and James Barry, represented by J&B Construction, for Department of the Army authorization and a State Water Quality Certification to construct and backfill a bulkhead on Pamlico Sound adjacent Lots Nos. 90 and 91, Hatteras Village, Avon, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by June 15, 1988, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, . Cha W. Hot i ie Regulato Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 Please type or print Carefully describe all an- ticipat-ed development activities, including construc- tion, excavation, filling, paving, land clearing-[nd stormwater control. If the requested informatio .RECI not relevant to your project, write N/A (not a plicable). Items 1-4 and- 8-9 must be completed ir?FtR all projects. u D g8" "N` o 760 ECDVED d. -Describe the planned use of the project. stabilize shoreline a. Name J&B Construction of Dare county Address P.O. Box 400 City Avon State N.. c_ Zip 27915 IDay phone919-99'5-5210 Landowner or X Authorized agent b. Project name (if any) Bulkhead & Baekfill Lots 90 & 91 Sec.3, Hatteras Colony' c. If the applicant is not the landowner, also give the owner's name and address. M. A. McCaffrey; 919 Oak St. Indiana,Pa. 15701 James Barry 21 'Tuscan Place East Hanover NJ 07931 a. Street address or secondary road number 90 & 91 Amberiack Court b. City, town, community, or landmark Avon, North Carolina c. County Dare d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project Pamlico Sound a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Install a Bulkhead & Backfill behind the bulkhead If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? new work tied into existing bul'.chead c. Will the project be for community, private, or commercial use? -private use '?"` -.1?ize of entire tract 16,200 sq. ft. b. Size of individual lot(s) 8,000 sq. ft. c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum +3 ft. d. Soil type(s) and texture(s) of tract sandy-loam e. Vegetation on tract native grasses, shrubs (marsh fringe on shore) f. Man-made features now on tract house g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? L How are adjacent waters classified) j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? PEN MW Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots -or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. , A? .. g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards surfaces. c. Type of material d. Does the area to be excavated include marsh- If mpplica@6, has a stormwater management land, swamps, or other wetlands? plan been submitted to the Division of En- e. High ground excavation, in cubic yards vironmental Management? f. Dimensions of spoil disposal area i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. h. Do you claim title to the disposal area? j. Have these facilities received state or local If not, attach a letter granting permission from approval? the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future _ maintenance?/ If so, where? j. Does the disposal area include any marshland, 1. Describe location and type- of discharges to swamglland,'or water areas? waters of the state (for example,- surface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial high water? effluent, or "wash down"). 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material m. Water supply source o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? describe the steps that will be taken to main- p. Dimensions of the wetland to be filled tain established public beach accessways or pro- q. How will excavated or fill material be kept on vide new accese. site and erosion controlled? o. If the project is on the oceanfront, what will r. What type of construction equipment will, be be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? hydraulic dredge)? a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Will wetlands be crossed in transporting equip- ment to the project site? If yes, explain the steps that will be taken to lessen en- vironmental impacts. ; N 2, f. a. Length of bulkhead or riprap 220 feet b. Average distance waterward of mean high water or normal water level 0 c. Shoreline erosion during preceding 12 months, in feet 2 to 3 fee d. Type of bulkhead material salt-treated timber e. Amount of fill, in cubic yards, to be placed below mean high water 225 cu. yds. f. Type of fill material sa -1 nam 2 In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claimt title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 Vz x 11 white paper. (Refer to Coastal Resources Commission Rule 7.J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification' is re- quired by G.S. 113-229(d). Name Clifton E. James 9100 Brink Road Address -Gaithersburg. Md. 20879 Name Alan B. Ceppo & Fr .&?ri _ Rambaud Address 50 WET 34th St_rPa+-, NEW YORK, yy 10001 Name Address A list-of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover. the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). N1 'ii'10911;? tot ?'- IN Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further 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 ap- plication and follow-up monitoring of project. This is the 26 day of FebniaLi., 19 88 t2? Robert 1)?Ie ) Landowner or uthorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. INr F a . N ? \ • t 1 a u H dp ` N 00 o v ?o ao 0 (D N 1 ? t. In a% V1 1 3 v- 11n?' VIA?? C-+ t? ?D a a t? r* Co d nwn1? w N ? N (D n V1 00 - N C rn X - OD G? x - w OD X - OO C N F3 ? U O Ul ?3 w En C P) (D r rt Ro H n ?' (D o C P) 0 (D rt C (D (D ol o (D b ti w r Ul r' E I N w 12 D ( rt rt. r n (D (D C Pi (D rt r (D H 3 tri :d n r 0 H x v v ,p X () N x H r a r rr rt ?t (D a n \ a ;C rn I n w ' Iv O ? O ? cn a w c c ? rr HATTERASISLAND PROPERTY MANAGEMENT (Soled • Rentals JOH? A BRENDA SITZ Ir SURF otSOUND, LTD. y} P. O. 90X 100 .i? AVON, N, CAROLINA 27915 '•;{ OPFICEf t1t/193.5901 own RESIORNCRI919/995.5975 ;Yr . 1 v.; 1• t ?, 11 T.- f CANAL %, •Ili 1 S NAI ' fa4•: ` ? i; r^ VH• 11 y" R; y 1 Y?. '•Iti •I.h•t ;y. r • t M '.• ? L4 I. • r Y A • r M r N f 4AJ qS CAL F J r J?Q ?dN ply 5 N i ,0 0 Q J ? Sd f" _ W J ? v W b 1 N ^' W W :v N O ?' tNI y c +/ l z O D 1 '{ r • - - to' to = yl ' / r 0. in sit 04 W t R k o? pe, { ee• r ?..:. ?.;; TARPON DRIVE Is, le"o vf*G? is. sit {•• ' bf. • h > O r• W N '•'7t aw- .i: °oCl °Rm t ? ti ? • + R ? ? ? •R n ? 1f ~ U e` 't SO silo }^ i• y . > e• p . e r `? r • O R mAniNA AND O j ,a•.° • ?• !.y ' n BOAT DOCK ''L• •' n M •r: • ? • ? i•' 'a.. a s' ? ? ' • a • 4pp Y s SO, %Sao i ? •• o '4 M.et r w its•rt'et'e woo, ?. © PORPOISE M. p n ' lby w }t a ? Y lb" A '??• 1yi,1 • •e „t 0? a ?? ? +?r' , u, q° . Ear !?` ?. ? P ? A n t I -/7 AE IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 15, 1988 SUBJECT: File No. SAWC088-N-028-0276 Mr. M. A. McCaffrey and Mr. James Barry c/o J&B Construction Post Office Box 400 Avon, North Carolina 27915 Dear Messrs. McCaffrey and Barry: V E :i tat ` ': Ti? ,,• ? - ` On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 12, 1988, for Department of the Army authorization to construct and backfill a bulkhead on Pamlico Sound adjacent your properties, Lots Nos. 90 and 91, Hatteras Village, Avon, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State- Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWC088-N-028-0276 and will be coordinated by Ms. Alison Arnold. She is available at telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- * .A .-: * Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh,. North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat: Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 J iii, v.. NKDATo DF/CAMA/40i REV DATE 0405/88 ACT:i:t:)N ADD F:I:I...E ? DI°•t:(fi"ifl401 F' 'WD FORMAT ; NRDF°t"AM .NI:"XT RCD 0039() ACTION ADD, ENTER DATA, REC. ADDED IS 00388 FRD DATA PF t:T,.JO : 003 89 PROJ : zht:.`CAFF RE::`r AND BARRY COUNTY: DARI.*i: REGION: 07' ASSIGNED TO: WJMtmvo,w- JOINT NOTICE: N TYPECERTIFICATION RECOMMEND DATE.' YYMMDC) 404 F:'N : 40i RE::U : ISSUE: 'r RECEIVED: 880 ti , CAMA ONLY: GC: BULKHEADS DENY: INITIAL REPORT: DF'r`t'r•1t°iA : Y , I:::CP : SbtPRE: Q : N HOLD: F°:{:N f.)I... IS ;1304i'.'. RECEIVING STREAM: I::AML. It::O SOUND CLASS: ,?. `'''r?t BASIN: TAI:,*!. COMMENTS: SITE LOCATED AT HATTERAS VILLAGE AT AVON APPLICANT PROPOSES TO CONSTRUCT 220 LF OF WOODEN BULKHEAD COP:I:E::,`.::: WAI: t:1....CI:N•T•RAL......t•`i:EE._L...t:....t)t::M - E C E I V APR 18 1988 WATER QUALITY >?.. ! ONI OPERATIONS BR A??ICH ? Q2?r•° TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: April 11, 1988 Attached is an application by J & B CONSTRUCTION (AMBERJACK COURT) which was received by me on 3/18/88 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. .,IV Y?Z c MEMORANDUMS ° TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: Ap r I L 11, 1988 Attached is an application by J $ BCONSTRUCTION (AMBERJACK COURT) which was received by me on 3/18/88 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. I-., . OFFICE OF COASTAL HAVAGEMENT V FIELD INVESTIGATION REPORT f Lon. o n? 30 ` 22t `? l• Aplicant'd name J & B CONSTRUCTION (AMBERJACK COURT ?5 3 i tbcation of ? • . project site Lots 90114-91- Amberjack Court, Avon, NC., Dare County. Photo Fe Itrvestigation type: Dredge b Pill' X CAMA X b. Ifnrestigativo procedute: (A) Deter of site bisit q/' M Wag applicant present no 5. Ptocegsing procedute: Application received' 118/88 .?? Offiee E1 i z_Ci_ty. Site degerption: (A) tocal Land Use Plan Dare. Count .' Land classification from LUP ransi ti on Development constraints Identified in LUP none CB) AteW involved: Ocean Hazard Pstuarine shoreline X Coastal wetlande'YR?` Public trust waters- X; Estuarine waters..".`.`."... Other,._ tC) Mater deoetident Yea No , Other Cbj Stitt-ended use: PuMle PrIonte•„y? X , Con orciai tis Tape of waste water tteattnent. Existing septic tank planned n n n a (') Typot of structures: Existing. 2 homes Plenued. .. , •_ (G) Estimated annual rate of erosioa 273 ft.:. Source?a p p?l i c a n t 7. --Habitat dooetiption.. AREA (A) Vegetated wetlands: Dredged Filled Other Spartina:_.alterni for 50 sq. ft. Juncu.s roemerianus 3300 sq. ft. Wft f ? Moh-.vegetated wetlands:.. Shal_l,ow water. h a h i tat..... 220 sq... ft COQ Othet: Cn) 'Iote1 area disturbed: x.2570 f+ .08 acres 00 Projoet summary Appl i cant proposes to b , Shoreline an average of.1' waterward of v1. This project will result in the filling of 3350 _s . ft. of coastal mash and 220 sq,. ft. of shallow water habitat. J & B CONSTRUCTION (AMBERJACK COURT) SIO REPORT PAGE 2 SITE REPORT The applicant.is an agent acting on behalf of the owners, M. A. McCaffrey and James Barry. The owners hold adjacent lots (90 and 91) in Hatteras Village, Avon, Dare County, NC. The two lots border on the Pamlico Sound. Lots are vegetated with lawn grasses, Juncus roemerianus, Spartina patens, and M rica cerifera. A pier extends out into Pamlico Sound approximately 75' south of the property line. A coastal marsh fringe dominated by Spartina alterniflora, Spartina patens and Juncus roermerianus extends the length of the property fronting on Pamlico Sound. The coastal marsh grades into a 404 jurisdictional wetlands dominated by Juncus roemerianus, Spartina patens, Myrica cerifera and Iva frutescens. The 404 zone extends inland well under the two homes. Applicant proposes to bulkhead 220' of estuarine shoreline .an average of 1' waterward of NWL. This alignment will allow applicant to tie into the northern existing bulkhead. Once completed, applicant proposes to backfill the bulkhead with 225 cubic yards of sand to a depth of 2 ft. ANTICIPATED IMPACTS With the placement and subsequent backfilling approximately 3350 sq. ft. of coastal marsh and 220 sq. ft. of shallow, water habitat will be lost. Some localized, short-term turbidity will result from constructing the bulkhead. CAMA REVIEW The proposal is consistent with the classification as identified in the Dare County LUP. Submitted by: Robert Abernethy Date: April 11, 1988 transitional Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipated development activities, including construc- stabilize shoreline tion, excavation, filling, paving, land clearing,` stormwater control. If the requested informatio not relevant to your project, write N/A (not a ' plicable). Items 1-4 and 8-9 must be completed fpr,? " °10 all projects. ImIfAA i ? .,?•A ??? w? rrri?c,. sit.. .! 1, Size of entire tract 16,200 sq. ft. Q, . b. Size of individual lot(s) 8, 000 sq. ft. a. J&B Construction of Dare county Name c. Elevation of tract above mean sea level or Na- Address P.O. Box 400 tional Geodetic Vertical Datum +3 ft. City Avon State N. C. d. Soil type(s) and texture(s) of tract 27915 919-995-5210 Zip 1DaY phone sandy-loam. Landowner or X Authorized agent e. Vegetation on tract native grasses, shrubs b. Project name (if any) Bulkhead & Backf i l l " (marsh fringe on. shore ) Lots 90 & 91 Sec.3, Hatteras Colony f. Man-made features now on tract house c. If the applicant is not the landowner, also give the owner's name and address. g' What is the CAMA Land Use Plan Classifica- M. A. McCaffrey, 919 Oak St. Indiana,Pa. tion of the site? (Consult the local land use 15701 plan.) James Barry 21 Tuscan Place Conservation Transitional East Hanover NJ 07931 Developed Community Rural Other h. How is the tract zoned by local government? . L How are adjacent waters classified? a. Street address or secondary road number j. Has a professional archaeological survey been 90 & 91 Amberiack Court carried out for the tract? no b. City, town, community, or landmark If so, by whom? Avon, North Carolina c. County Dare 0 Y4 d. Is proposed work within city limits or planning jurisdiction? Yes "' " e. Name of body of water nearest project Complete this section if the project includes any Pamlico Sound upland development. a. Type and number of buildings, facilities, or structures proposed t j.' Y ., A b. Number of lots -or parcels a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) bulkhead, or pier). Install a Bulkhead & Backfill behind d. Size of area to be graded or disturbed the bulkhead e. If the proposed project will disturb more than one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. ' ration control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? sedimentation and erosion control plan been new work tied into existing bulkhead submitted to the Division of Land Resources? c. Will the project be for community, private, or commercial use? f. Give the percentage of the tract within 75 feet private use of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claim-9 title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7.J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification' is re- quired by G.S. 113-229(d). Name Clifton E. James 9100 Brink Road Address Gaithersburg, Md. 20879 Name Alan B. C==s & Fr d- i amba id Address50 WEST 34th r _ t, DPW YORK, VTy 10001 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Any permit issued in response to this application will allow only the development described 'in the application. The project will be subject to `condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further 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 ap- plication and follow-up monitoring of project. This is the _26 _ day of Februan., 19 88 Robert I?yle ) Landowner or uthorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. 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