HomeMy WebLinkAbout20000588 Ver 1_COMPLETE FILE_20060818o? warF9oG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 12, 2006
Ms. Wendy Eakes
P.O. Box 387
Frisco, NC 27936
Subject Property:
DWQ Project # 00-0588, Ver. 2
Dare County
Wendy Eakes Property
Pamlico Sound - Brooks Creek [030155, 30-22-28, SA, HQW]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Ms. Eakes:
You have our approval, in accordance with the attached conditions, to fill or otherwise impact 0.0154 acres of
estuarine waters (Public Trust Area), and shade 0.0029 acres of estuarine waters (Public Trust Area) to replace a
bulkhead, backfill, and construct the proposed platform as described in your application dated May 30, 2006, and
received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on August 18,
2006. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General
Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General
Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). In addition, you should get or
otherwise comply with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved (Units) Plan Location or Reference
PTA - estuarine waters 0.0154 acres DCM Field Investigation Report
PTA - estuarine waters 0.0029 acres - shaded DCM Field Investigation Report
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.stile.nc.us/ncwetIands
No r hCaro ina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Ms. Wendy Eakes
Page 2 of 2
September 12, 2006
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC)
3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or
CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you
may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kyle Barnes
in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Ala W. Klimek, P.E.
AWK/Um
Enclosures: GC 3400
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Gary Price, P.O. Box 591, Avon, NC 27915
Filename: 000588 Ver2(Dare)401 _CAM A
WQC #3400
CAMA PERMIT CERTIFICATION
P
This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC
2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit
198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification
replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification
Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and
Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance
with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the Division of Water
Quality as well as compliance with all conditions of this General Certification;
2. Activities authorized by Coastal Area Management Act (CXMA) Minor or General Permits do not
require written authorization from the Division of Water Quality as long as they comply with all other
conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written
concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two agencies in accordance with
agreements reached between the Division of Water Quality and the Division of Coastal Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to
150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation
may be required for any project with Buffer Rules in effect at the time of application for buffer impacts
resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and
stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The
most current design and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols. When compensatory mitigation is required for a
project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed before any
permanent building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also
intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW,
Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a
150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river
basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires
written concurrence from DWQ in accordance with 15A NCAC 213.0200. New development activities
WQC #3400
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
original grade restored after the Division of Land Resources has released the project;
8. If an environmental document is required, this Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from
the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of
the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for CAMA major
permits which are proposed under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has
been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding General Permit 198000291, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal application
for individual certification for any project in this category of activity that requires written concurrence under this
certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or
degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
2
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Certificate of Completion
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
County:
Signature: Registration No. Date
VWAT44 Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
0 Y Alan W. Klimek, P.E. Director
Division of Water Quality
September 12, 2006
DWQ Project # 00-0588, Ver. 2
Dare County
Ms. Wendy Eakes
P.O. Box 387
Frisco, NC 27936
Subject Property: Wendy Eakes Property
Pamlico Sound - Brooks Creek [030155, 30-22-28, SA, HQW]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Ms. Eakes:
You have our approval, in accordance with the attached conditions, to fill or otherwise impact 0.0154 acres of
estuarine waters (Public Trust Area), and shade 0.0029 acres of estuarine waters (Public Trust Area) to replace a
bulkhead, backfill, and construct the proposed platform as described in your application dated May 30, 2006, and
received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on August 18,
2006. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General
Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General
Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or
otherwise comply with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
2.
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved Units Plan Location or Reference
PTA - estuarine waters 0.0154 acres DCM Field Investigation Report
PTA - estuarine waters 0.0029 acres - shaded DCM Field Investigation Report
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http:/lh2o.enr.state,nc.us/ncwetlands
" Caro 'n
Na
Mara,
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Ms. Wendy Eakes
Page 2 of 2
September 12, 2006
Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC)
3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification, shall,expire upon expiration of the 404 or
CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you
may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kyle Barnes
in the DWQ Washington Regional Office at 252-946-6481.
AWK/Um
Enclosures: GC 3400
Certification of Completion
Sincerely,
Ala W. Klimek, P.E.
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Gary Price, P.O. Box 591, Avon, NC 27915
Filename: 000588 Ver2(Dare)401_CAMA
v a,, o b -- o S g
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 16, 2006 D 1A u „W D
D
MEMORANDUM:
AU G 1 8 2006
TO: Cyndi Karoly
Environmental Biological Supervisor pr.HR ^ WATER QUALITY
wtfiU*D$ DA MID STORAIWATFA BRANCH
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Wendy Eakes
Project Location: 50228 Kings Point Drive, Frisco, Dare County
Proposed Project: Bulkhead replacement, backfill, and construction of platform
Please indicate below our agency's osition or view oint on the ro osed project and return this
form by u, If you have any
questions regarding the proposed project, please contact John Cece at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: I _ 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.
SIGNED
project for reasons described in the attached
o. 9 b4_-
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
4
1.
2.
3.
4.
APPLICANT'S NAME: Wendy Eakes
LOCATION OF PROJECT SITE: 50228 Kings Point Drive, Frisco, Dare County
Photo Index - 2003: 4-61 (1315)
1998: Not available
1989: 5-199-6 (H3)
1978: 90-1369 (07, 08)
State Plane Coordinates - X: 3016200
Rover File: C062815A
2000: 173-2024 (N10)
1995: 172-1763 (G8, 1-18)
1984: 145-389 (C2, D2)
Y: 568400
USGS Map: Buxton (LL)
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 28, 2006
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - June 27, 2006
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County, 2003 Update
Land Classification From LUP - Limited Transition, except DCM Areas of
Environmental Concern, which are classified as Conservation
(B) AEC(s) Involved: Estuarine Water, Public Trust Area, and Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - On-site septic, located on adjacent lot
Planned - N/A
(F) Type of Structures: Existing - Single family residence with deck
Planned - Replace existing bulkhead and install new dock
(G) Estimated Annual Rate of Erosion: None (lot is bulkheaded)
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
FILLED SHA15EI3
(A) COE 404 Wetlands/
Coastal Wetlands None None None
(B) Estuarine
Waters/Public Trust Areas None 675 SF 128 SF
(C) Estuarine Shoreline None None None
(D) Total Area Disturbed: 803 SF (0.01 acres)
(E) Primary Nursery Area: No
Field Investigation Report
Wendy Eakes - Frisco, Dare County
Page 2
(F) Water Classification: SA, Shellfishing Open: No
8. PROJECT SUMMARY:
The applicant proposes to place a new 71-foot long bulkhead an average of 9 feet water ward
of an existing bulkhead and install a new 8-foot by 16-foot platform.
Project Setting
The proposed project will be located at 50228 Kings Point Drive, a developed lot in the
Brigand's Bay subdivision in Frisco, Dare County. The lot is bordered to the east by Brooks
Creek (a tributary to the adjacent Pamlico Sound), Kings Point Drive to the west, and vacant
lots to the north and south. The plotted size of the lot is 8,400 SF, but the lot only contains
6,725 SF of upland area. The lot's elevation is approximately four feet above the NWL of
Brooks Creek and the Pamlico Sound.
The eastern boundary of the property is comprised of a "V shaped" 74-foot wooden
bulkhead along Brooks Creek. Division of Coastal Management staff were unable to identify
any General Permits that had been issued for the existing bulkhead that was reportedly
installed in the 1980's. Major Permit 89-00 was issued to Mrs. Eakes in 2000 to bulkhead
the lot immediately south of the lot covered by this Major Permit application. The lot north
of the Eakes' lot has also been stabilized with bulkhead.
The waters of Brooks Creek are approximately 475 feet wide at the Eakes property and are
approximately two feet deep 20 feet offshore.
As shown on the plat submitted by the applicant, the deck located on the eastern side of the
house and a portion of the house itself are located in the 30-foot buffer. The house and
portions of the driveway are all located within the 75-foot Estuarine Shoreline Area of
Environmental Concern (AEC). However, Dare County's geographic information system
indicates that the Eake's lot contains a house that was originally built in 1976. Dare County
then issued a Minor Permit 90-095 on December 3, 1990 to "construct decks and addition to
existing dwelling." The drawings submitted with the Minor Permit application very closely
resemble the structure currently on the subject lot.
The water ward edge of the deck that is immediately adjacent to the existing bulkhead is
supported by five pilings. Two of the pilings are located on the northeast and southeast
corners of the deck and three additional pilings are located 12 feet, 23 feet, and 35 feet south
of the northeast piling. Table 1 lists the distances each of these pilings is from the current
"V shaped" bulkhead.
A second row of support pilings is located along the water ward edge of the enclosed porch
located in the center of the deck. As with the first row, two of the pilings are located on the
northeast and southeast edges of the deck, but the second row has five additional pilings
located 9 feet, 16 feet, 18 feet, 29 feet, and 38 feet south of the northeast edge of the deck.
0
Field Investigation Report
Wendy Eakes - Frisco, Dare County
r Page 3
Table 1. Descri tion of water ward row of pilings supporting deck.
Piling Distance from northeast
corner of deck Distance from existing
bulkhead
1 -- 4 feet
2 12 feet 2 feet
3 23 feet 6 feet
4 35 feet 10 feet
5 46 feet 15 feet
Other descriptive data of the project setting includes:
• No submerged aquatic vegetation (SAV) was observed within 20 feet of the existing
bulkhead.
• No U.S. Army Corps of Engineers Section 404 wetlands or Division of Coastal
Management Coastal Wetlands are located on the Eakes' property.
• The area near the existing bulkhead contains lawn grasses and ornamental bushes.
Proiect Description
The applicant proposes to place a new 71-foot long bulkhead across the existing "V shaped"
bulkhead. The proposed bulkhead will be installed 5-foot water ward of the northeast and
southeast ends of the existing bulkhead and 14 feet water ward of the deepest part of the
current "V shaped" alignment. It will be an average of 9 feet water ward of the existing
bulkhead. The applicant claims the proposed alignment is needed to safely install and
properly anchor the new bulkhead around the pilings supporting the existing deck and house.
Backfill material will be obtained from an upland source.
The applicant also proposes to install a new 8-foot by 16-foot platform on the southern half of
the proposed bulkhead. The dock will be located at least 15 feet from the southern property
boundary and will terminate in approximately two feet of water. The proposed pier is shorter
than existing piers located on nearby properties.
9. ANTICIPATED IMPACTS
It is anticipated that the proposed project will cause the following impacts:
• The bulkhead installation will result in temporary elevated turbidity levels of Public Trust
Area and Estuarine Water AECs, but this disturbance will be very localized because of the
sandy nature of the shoreline.
Field Investigation Report
Wendy Eakes - Frisco, Dare County
Page 4
• The installation of the 71 linear feet of proposed bulkhead an average of 9 feet water wa
NWL will result in the filling of 675 SF of Estuarine Water and Public Trust Area A
and will require approximately 19 CY of upland sand/soil.
• The installation of the 8-foot by 16-foot platform will result in the shading of 128 S
Estuarine Water and Public Trust Area AECs.
• The proposed development will not create any new impervious area in the 30-foot buff,
75-foot Estuarine Shoreline AEC.
• A review of available maps indicates that no archaeological resources are located or
subject property. However site Dr32 is located approximately 800 feet northeast o
subject lot, across Brooks Creek and site Dr24 is located approximately 2,000 feet so
Submitted By: John Cece Jr.
Date: August 14, 2006
Form DCM-MP-1
A
be completed by all applicants)
b. City, town, community or landmark
F2
te
1. APPLICANT I
-0
road number
c. Street address or secondary
S022B - lLiN66 EQI JT D ud
a. Landowner: _
' d. Is proposed work within city limits or planning
?.cJ?t?/71
Name , / fdl?Fc
jurisdiction? Yes No
Address tR, D• SDX 3-7 e. Name of body of water nearest project (e.g. river,
city /G ji. ey State A)d creek, sound, bay) f ,441GlCo .5criAi b
,
Zip 2 934 Day Phone ;95?- - 5r'76--'- 7/
3. DESCRIPTION AND PLANNED USE
Fax OF PROPOSED PROJECT
b. Authorized Agent:
i
4 a. List all development activities you propose (e.g.
ar
l
Name building a home, motel, marina, bulkhead, pier, and
60 K S`I/ excavation and/or filling activities.
Address
BULK 6410• de Z)Cr- k-
City ?tJO.y State NC
Zip Z71/5' _
5 Z' SOS-6o(7 b, Is the proposed activity maintenance of an existing
Day Phone Z,
project, new work, or both? A9A1utCAAA41Gg5
Fax ZSZ- 92 S` 3S-q`(
c. Project name (if any) a 14
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dore- - ---
c. Will the project be for public, private or commercial
use? _ Pg.) yA 9E
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. 6AQS1 o N Co,U 7W
572::,A,A1 P11076e- W?e- Fwo b_-
r'p. j TQ DC./
I?J.471?? 17-1'?ieAF?d ?t>
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ?, y0U
b. Size of individual lot(s) Nli'`_
c. Approximate elevation of tract above MHW or
NWL y'
d. Soil type(s) and texture(s) of tract
SAN A -
e. Vegetation on tract e-AUJ&
f. Man-made features now on tract
le- ZuaCD
g. What is the CAMA Land Use Plan land
classification of the site? (Comalt the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
AU (4-56-r -
i. Is the proposed oject consistent with the applicable
zoning? ,.,Yes No
(Attach toning compliance cerfiic te, (/'applicable)
j•
Has a professional archaeological
done for the tract? Yes
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No (,/NACAA0 t>
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
if yes, has a delineation been conducted?_
(Attach doannentation, (f available)
assessment been
? No
m. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
.SUVA-F- e6 9_4"tcF
o. Describe existing drinking water supply source.
GOU? TY C??tJTi2.4G
5. ADDITIONAL INFORMATION
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 claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 7J.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 an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding 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 personnel unfamiliar with the area to the
Form &M-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name &E tt .84P716Tdf
Address r a7n ?Ffyi 5& 11o(ose 6T
Phone _ 6A0 .r40WA2G i9 060698
Name _ tit, /I I" d,-- DA-1-,fle
Address _.Z N30 CEN7 Z- A M f .
Phone orefv e-s'>Y N. T. _ 6AZ
Name
Address
Phone
• 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 $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. 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 conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
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 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.
This is the 36& day of ?, i? 4
Print Name 610 re-7 Prie es,
Signature
Landowner or A rized Agnu
Please indicate attachments pertaining to your proposed
project.
-ZDCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2
EXCAVATION
AND FILL
(Except 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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Float
E*t ft "ect
V111l;n
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION N6?
a. Amount of material to be excavated from
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include
wetlands (marsh), submerged aquatic ve
(SAVs) or other wetlands? Yes
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL 14,)I
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
if no, attach a letter granting permission
owner.
d. Will a disposal area be available fo
maintenance? Yes No
If yes, where?
Form DCM-MP-2
r
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
3. SHORELINE STABILIZATION
a. Type of horeline stabilization
Bulkhead Riprap
b. Length ?J
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Iy'
e. Shoreline erosion during preceding 12 months
_ D
(Source ofigformodon)
f. Type of bulkhead or riprap material VIAJ'41
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap NZ4
(2) Bulkhead backfili 43
h. Type of fill material SAND
1. Source of fill material CJ PL-4ALb /2 FF5!>E
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization) i
a. Will fill material be brought to site?
Yes No
b.
Will fill material be placed in
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area _
coastal wetlands
(3) Purpose of fill
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? B u45-WdA b ce
b. What type of construction equipment will be used
(for example, dragiine, backhoe, or hydraulic
dredge)?
8.4t:::?_4AfoE M,4AA64 L
L.4 86 A--
c. Will wetlands be cr:,ssed in transporting equipment
to project site? Yes L,;' No
if yes, explain steps that will be taken to lessen
environmental impacts.
weNDY 454-4Es
AppUmnt or Project Name
Signature ? V
Date
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
Dock(s) and/or Pier(s) A
(1) Commercial.-Community ?Private
(2) Number
(3) Length B
(4) Width
(5) Finger Piers Yes ?No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes ?-N0
(i) Number
(ii) Length WA -
(iii) Width
(7) Number of slips proposed
(S) Proximity of structure to adjacent riparian
property lines ;?d " t
(9) Width of water body 360"
(10) Water depth at waterward end of pier at
MLW or NWL -2.0'
b. Boathouse (including covered lifts) /V/*
(1) Commercial Private
(2) Len
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) NIA
(1) Numbe
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) ?l//A-
(1) Length
(2) Average tance from MHW, NWL or
wetlands
(3) Maximum dis a beyond MHW, NWL or
wetlands
e. Mooring buoys A11,4
(1) C mmercial -Community ___- Private
(2) Number
(3) Descriptio f buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) N1,4-
ercial Community _ Private
(1) 4Nuer"",,,
(2) (3) (4)
g. Other (Give complete description) N/A
W &No y 64k. eS
Applicant or Project Name
Signature
Date
u
cV?
s
44
r-M Nt { !
1 :y +
t
to
(/'?)?OJ ???'? NIA
?i/ ? ? _• ? r tP ,
x x N d W
U t ? W 2
30 20 10 0 30 60
,.o \\
(BAPTISTE)
LOT 297
0
\ ? F
EXISTING
(EAKES) RESIDENCE
\
LOT 296 1!0A
/ i
I '
SITE
(EAKES)
PAMLICO SOUND
EXISTING BULKHEAD
CAMA PLAN FOR:
WEN DY EAKES
FRISCO,
NWL_
LOT 296
BRIGANDS' BAY
FRISCO, NC
t11
0
A
'o
1.9
y?
TIE RODS 9! X 17
8" HORIZONTAL j
TIMBER DEADME /Z
,
I ?
l l NOTE: ALL TIMBER TREAT€
\ & ALL HARDWARE HO GALV
I I PROPOSED BULKHEAD
HATTERASI DARE I NORTH CAROLINA
Date Scale Pin Number
I 0'
CO'9ST
4.1
1 M?
0
MAJOR PERMIT FEE MATRIX
Applicant: Selection Development Type Fee DCM % DWQ %
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial
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
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). For Private non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
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. $400 60%($240) 40%($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
open water areas:
FWENDY M-6W531 5 2 6
EAKES o4-o5 43MI06
OX 3837
C N, N NC 27920-0347
t $
urdcr o
IICB
`ECB Best
??Ars r ?-
cdk?? -- -
1:0 S 3 106 7991: 4 3490 106u' O S 26
Y
4L