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HomeMy WebLinkAbout20070290 Ver 1_CAMA Application_20070215~~-~ 20C s 029p ____~ - ~~ - 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 February 14, 2007 MEMORANDUM: TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM SUBJECT Applicant: Doug Huggett Major Permits Processing Coordinator y_ :; CAMA/DREDGE & FILL Permit Application Review OBCC,LLP Project Location: 7808 S. Virginia Dare Trail, Nags Head, Pond Island, Dare County Proposed Project: Bulkhead Construction and Filling of Basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/07/07, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis 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 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 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 APPLICANT'S NAME: OBCC, LLP 2. LOCATION OF PROJECT SITE: The property is situated on the north side of Hwy 64/264 along the Nags Head Causeway, more specifically described as being 7808 S. Virginia Dare Trail, in Nags Head, Dare County Photo Index - 2007 and 2006 No flight line 1995: 184-1913 N22 1989:1 50-1 T8 1985: 139-468 J2 & J3 1978: No flight line State Plane Coordinates - X: 3 002 525 Y: 798 350 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -January 1, 2007 Was Applicant Present - No (meeting was requested by DCM) 5. PROCESSING PROCEDURE: Completed Application -February 5, 2007 Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP -Conservation (B) AEC(s) Involved: EW, ES, and PTA (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing -Septic Planned -Future development not disclosed (F) Type of Strictures: Existing -Dwelling, bulkhead and deck Planned -Bulkhead (G) Estimated Annual Rate of Erosion: 0.2' Source -Application 7. HABITAT DESCRIPTION: [AREA] DRF,D('~F,D FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands: 780sf Shallow Bottom/Estuarine Water/Public Trust Area (C) Other: High Ground Backfill 381sf (D} Total Area Disturbed: 1,161sf (0.027ac.) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: OBCC, LLP, proposes to construct a 50' bulkhead along the waterward side of a 780sf man-made basin and fill the basin, adjacent to a man-made canal in Pond Island at 7808 S Virginia Dare Trail, in Nags Head, Dare County. OBCC, LLP Field Report Page Z PROJECT SETTING The applicant's property is a 5,597sf residential lot located on the south side of Pond Island in Nags Head, Dare County, more specifically described as being 7808 S. Virginia Dare Trail. Pond Island is a residential waterfront community along the Roanoke Sound and aman-made system. The lot in question is developed with a residence along 50' of canal with a 22'x 35.5' boat basin. Water depths within the basin vary between 0.2' and 2.7' below normal water level with an average depth of 1.5' . Existing structures and the property include the dwelling, septic system, and a remnant walkway, deck and bulkhead system. Immediate adjacent land uses are residential. A crab house and motel are also located within a short distance from the applicant's property. No wetlands or submerged aquatic vegetation was identified on or adjacent to the project site. Vegetation on the site is limited to domestic grasses and ornamental shrubs. A derelict boat is located within the boat basin and is currently submerged, but not buried below the water bottom. The lot has an average elevation of approximately 5' above NWL. The Roanoke Sound is classified as joint waters by agreement between the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for the Roanoke Sound is SA (shell fishing). Review indicates that there are no identified archeological sites on the applicant's property. PROJECT DESCRIPTION The applicant, OBCC, LLP proposes construct a 50' bulkhead along man-made canal to enclose and fill a 780sf man-made boat basin. Development will also include the removal of the existing remnant deck and walkways around the basin and removal of a submerged boat from the basin. The proposed bulkhead will be constructed inline with adjacent bulkheads to the east and west side of the property approximately 6" waterward of the existing bulkhead on the applicant's property along the western corner of the lot, and in line with the bulkhead along the eastern side of the property. The closure and filling of the boat basin will result in the filling of 780sf of shallow bottom, and estuarine and public trust area. In conjunction with the construction of the bulkhead, approximately 381sf of high ground will be backfilled. The final elevation of the bulkhead will be 3' above NWL. ANTICIPATED IMPACTS The closure of the applicant's boat basin will have the following impacts: OBCC, LLP Field Report Page 3 • Lost of 780sf of shallow bottom • Filling of 381sf of high ground • Removal of submerged marine debris from the boat basin • Restoration of 780sf of high ground excavated to create the boat basin • Restoration of the high ground will facilitate additional high ground development not possible with the current land configuration Submitted By: Lynn W. Mathis Date: February 11, 2007 62ECENEt~ NC DENR OBCC. LLP CAMA MAJOR NARRATIVE APPLICANT - OBCC, LLP Attn: Mr. Vince Winstead P.O. Box 3492 Kill Devil Hills, NC 27948 JAN 18 ~J07 C®ASrAL MANAGEMEl~'b' Elizabeth Clfy SITE LOCATION - The subject property is known as 7808 SouthVirginia Dare Trail (PIN # 070905085387). It covers 5,579 sf and is located on the ncxCh side of Pond Island in Nags Head, NC. Ott The Applicant holds title to the existing property. The property is currently improved with a single family residential dwelling, wood bulkhead, and wood slat decks. The northern area of the site contains a rectangular boat basin with bulkheading and decks. Please see the calculations below, and the attached site plan for detail. In order to improve recreational opportunities, boat access to adjacent waters, and stabilize the shoreline, the applicant proposes the following within the AEC: • remove the abandoned sunken vessel in the basin • remove the existing bulkhead and decks • construct a new SD LF bulkhead, connecting to the adjacent structures • backfill the bulkhead and boat basin Construction calculations Bulkhead 50 LF wood bulkhead to align with existing bulkheads on adjacent properties to the east and west. Backfill the bulkhead and basin with an approximate total of 172.2 CY of fill as follows: 779.3 sf X 1.5 ft ave depth below NWL= 1169 cf / 27 = 43.3 CY 779.3 sf X 3.0 ft elevation above NWL= 2338 cf / 27 = 86.6 CY 381 sf X 3.0 ft landward of NWL= 1143 cf / 27 = 42.3 CY backfill total = 172.2 CY **all proposed structures will be a minimum of 3 feet above NWL ~~c ~~~ ~ Form DCM-MP-1 JAt~ ~ ~ 2001 1. APPLICANT a. Landowner: OBCC, LLP Applicant: Name : OBCC, LLP attn: Mr. Vince Winstead -Representative Address P.O. Box 3492 City Kill Devil Hills, State NC Zip 27948 Day Phone 252/441-6340 b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 252/441-0239 Fax 252/ 441-0721 c. Project name (if any) NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County b. City, town, community or landmark Nays Head, Pond Island, adjacent to Hwy 64/264 c. Street address or secondary road number 7808 South Virginia Dare Trail d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) man-made canal off Roanoke Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construction of approximately 50 LF of bulkhead, connecting to the adjacent bulkhead structures to the east and west. Fill in the existing boat basin and bac~ll bulkhead area of approximately 1160sf. No dyed ig ng required. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Private 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. Please see Narrative attached 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 5,579 sf (0.13 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 0 to 5 feet d. Soil type(s) and texture(s) of tract Psamments (PsB) -disturbed, dredge/fill areas e. Vegetation on tract -grass, limited landscaping-- f. Man-made features now on tract a Single family home deckin ,and approx. 115 LF wood bulkhead. Revised 03/95 Form DCM-MP-1 g. What is the CAMA Land Use Plan land classification Of the site? (Consult the local land use plan.) Conservation Transitional *D-1 Developed Community Rural Other *land use classification as per the Nags Head Planning and Zoning Administrator. h. How is the tract zoned by local government? C-2 general commercial classification as per the Nags Head Planning and Zoning Administrator. i. Is the proposed'project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) N/A j. Has a professional archaeological assessment been done for the tract? Yes X No 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 X No Are there wetlands on the site? _ Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. Semitic tank serving existing home. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriaUcommercial effluent, "wash down" and residential discharges.) Surface runoff o. Describe existing drinking water supply source. Nags Head municipal drinkingLwater 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. ** Please see attached • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) ** Please see attached 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 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 Ms. Edith Daniels Address P.O. Box 219 Wanchese. NC 27981 Name Donna C. Gullie Address 3825 Cheek Rd. Durham. NC 27704 Revised 03/95 Form DCM-MP-1 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Property was improved prior to purchase. Permits for site work done previously were obtained bX the previous owners of the property. Copies and details are not available for inclusion here. • A check for $400 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. **Please see enclosed/attached check • A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A • 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 lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A 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 ~ day of ~~~ 2007. Print Name Louise I. Hanson a ent Signatur Z"°`°` Landowner or Authorized Agent **Please see Letter of Authorization attached Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X 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. Revised 03/95 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 Final Existing Project Length Width Depth Depth Access channel (MLW' or (NWL) Canal Boat basin Boat ramp Rock groin Rock (rip rap) breakwater Other -(Excluding shoreline stabilization) N/A -------- -------- ------- N/A -------- -------- -------- Ave. 22 ft Ave. 35.5 ft Ave. -1.5 ft Ave. +3 ft N/A -------- ------- ------- N/A -------- ------- ------- N/A -------- ------- ------ N/A -- - ------ ~'~'~~~~ tlVl~ ®~~~ ~~~ ~ 2~®~ ~~' ~ obeG~~~~~ -- l.EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area N/A N/A c. Do you claim title to disposal area? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? N/A e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? Yes No N/A f. Does the disposal include any area in the water? Yes No N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap Revised 03/95 ~E~EY1~~ ~~ ~~N~ Form DCM-MP-2 b. Length Bulkhead 50 LF ~~~ ~' ~oo~ ~~ ~,q~egt ~~~ ensions of fill area ~~iza~~th ~f boat basin area- fill depth of 4.45 ft. _ c. Average distance waterward of MHW or NWL 129.9 CY Bulkhead: 3 ft Ave 381 sf beyond NWL at 3 ft fill depth = 42.3 CY d. Maximum distance waterward of MHW or NWL Bulkhead 6 ft Total 172.2 CY e. Shoreline erosion during preceding 12 months 0.2 ft. (Source of applicant informatio~z) f. Type of bulkhead or riprap material Wooden bulkhead g. Amount of fill in cubic yards to be placed below water level Combined bulkhead and boat basin fill 779.3 sf X 1.5 ave depth below NWL= 1169 cf / 27 = 43.3 CY h. Type of fill material earthen filllsand I. Source of fill material _NCDLQ approved Borrow pit or quarry ( exact site to be determined by contractor) 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the Water 43.3 CY 779.3 sf X 1.5 ave depth below NWL= 1169 cf / 27 = 43.3 CY 779.3 sf X 3.0 ft above NWL 2338 cf / 27 = 86.6 CY Backfill; landward of NWL 381 sf X 3.0 ft = 1143 cf / 27 = 42.3 CY backfill total =172.2 CY backfill total for entire proiect =172.2 CY (3) Purpose of fill Bulkhead backfill Boat basin fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? N/A no excavated material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dump truck and front-end loader c Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. N/A OBCC, LLP Applic t or Project Name ( r ~ `E- r~. ~Q-si Signature ~'~~`"~ 7 Date Revised 03/95 9. ~i~ `" i~::> ` ::Ei • r i3~~' yy °~~ f, 'rte Whalebone ` ` ' ° . ,~ •° N~r' ti ~, . , ,,t • <• JAN j , • 'ti; Jeanette -.. c _ ' ',, , PtaY :~OASTAL MANAGEM Elizabeth c[ty',, , ° :.~ ti ~ti , .~ ~ u .;p u'~y f.S~ F . .., jyy?.. ,~•r~ ~ • i y'~yi~ ~~ Y ~iiY6. S+ + a + ~~ t ~R•:: ,~~ ~/?. 'vP~ ~'~J / I"~ 000 ; ~ ~ , . V fjy,. °. •• :~ EET ~ • V ,'y ~ ° t • • • 0 j ~ti}t~. • ® o:~~ ~ 't , .A '~ *~;. uy 4° / v ~ .,~" ti~ y i~Gfi'~n g{.+n~ ,.. -'y' ~.•F- 4 ~ - .u. ; ~a ° .. • 8r,}, -tSPj.~ . _' ;_ ~S . e` +- ,-_ T f' ~~ ~ ., ~ ,_ .• 1 : i .~ ,~ ~ ',~ ~!, _ ~. ... e ~ ~ i . '.' ~ f Its ;, ,~ to ~3~'~att' ` ~Headquers i . I Q ~ ,, , e ~ '~ ~* . IS~d.I'1~ ~ ~ ~q Ity • ' , > 0 •'} - 't t cut n. i ,. ~, ~ r -,~ , $ ~ ~ - ., p ,, a . , ..' f t ., '<., rrlf ' ~~ , 3971 ~ _ ~'! ~ ~~ ,. ~ ~ „~ 1 ~ 'Z . ,E3eNS ,~ 1 ~.~~'.nt° ~ ~ G -~- `° ~ trtr \ / `Roan,ak~~l a ( { ' ~`` e`1 .'f `;`s _ ._ ". T~" 35 52 30- ~' ^F/ 444 445 ~ 446 3 oio Do FEET 35' y~, Mapped by the U. S. Coast and Geodetic Survey • ~~" y`i•~ Edited and published by the Geological Survey `~ y~yy~ Control by NOS/NOAA (C) and USGS Planimetry in part by photogrammetric methods from aerial photographs taken 1949.; Topography by planetable surveys 1950 Field checked 1953 Selected hydrographic data compiled from NOS surveys (1851-1942) and supplemental information. This information is not intended for navigational purposes Polycon'IC projection. 10,000 foot grid ticks based on North Carolina coordinate system. 1000-meter Universal Transverse Mercator grid ticks,. zone 18, shown in blue. 1927 North American Datum To place on the predicted North American Datum 1983 move the projection tines 11 meters south and 31 meters west as shown by dashed corner ticks There may be private inholdings within the boundaries oc.~ rt a k e .-1.~v (a ~ ~ /U ~ Gl SG S Qu.~2 rave i~ MN,,,,•, GN 9• ~ ... e 160 MILS 0°20' 6 MILS UTM GRID AND 1983 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET . Revisions shown in purple and woodland compiled by the Geological Survey in cooperation with State of North Carolina agencies from aerial photographs taken 19$0 and other sources. This information not field checked Mao edited 1983 MAJOR PERMIT FEE MATRIX Applicant: ~~~,f Selection Development Type Fee DCM % DWq (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en 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 a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water ~ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (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 a uatic life: III(D). If General Water ----.., Quality Certification No. $440 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that ~ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: CAMA MAJOR PLATT EXISTING MAN MADE CANAL oecc, ~.~.~. ~~ ~~ 3 ~ y SITE ADDRESS 7808 South Virginia Dare Trai NAGS HEAD, NC +~~ ,.~ .: , ~~f ~::} -# .; ~ ~- , f t,~-. -- i.Y..,..9,...- -_~..c.., ~:....-~.n -..-.gym... t ....1:. 1 ~ t t ! ~ R _ ~ ' { E ' ~ 7 i // 3 ~ ~5 ~ ~r 0 ft BUF ER : ~ ~ u-, . SEtBAG1(U!~ i m Q. ~., A t ''i ~ `„ ~ ' f 1~ i 1 ~ ~F. / t 1 E ' ~Q~~' ~ S ~ ' ~ ~~ ti~~ J pa x w PIN NUMBER:: 07090585387 ~wc p~® "- `~ 2~~7 "w ~+ ~~aa 9vdANAGEMEN'f' ' ` ~Qth City DRAWN KT DATE 1/10/07 SCALE 0 15 1 ~ 1 inch=l5 f t s ~'_~ } '" ors 5,579 sq ft (TOTAL AREN -~--$~8'09~Y 0 ~ ^LD US 64/264 EX. ASPHALT ~~^~^S~v MAN MADE CANAL vF yo BQ~p ~~~ P~ ,8 Q ~,4 go Y J P4 X W ~ ~ /, ! m ~ t f '~, i CT t s~- 1 ' /~ F p ~ I y i i 7 ~ i + t ~~~~ G S ~, ~~ , L.„_... .__.____ _._._J P ~O ~ ~oo~ ~,~ ~ ~ PSG ~iji, lr, 5,59 sq ft (TOTAL I ~.~~ -~--srr 0 LLD US 64/264 EX, ASPHALT BACKFILL WATERWARD ~F NWL ~ BACKFILL LANDWARD OF NWL