HomeMy WebLinkAbout20070290 Ver 1_CAMA Application_20070215~~-~ 20C s 029p
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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~®~
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--
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
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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 ~
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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% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
CAMA MAJOR PLATT
EXISTING
MAN MADE CANAL
oecc, ~.~.~.
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SITE ADDRESS
7808 South Virginia Dare Trai
NAGS HEAD, NC
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PIN NUMBER::
07090585387
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DRAWN KT
DATE 1/10/07
SCALE
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ors
5,579 sq ft (TOTAL AREN
-~--$~8'09~Y
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^LD US 64/264
EX. ASPHALT
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MAN MADE CANAL
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5,59 sq ft (TOTAL
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LLD US 64/264
EX, ASPHALT
BACKFILL WATERWARD ~F NWL ~ BACKFILL LANDWARD OF NWL