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HomeMy WebLinkAbout19991431 Ver 1_COMPLETE FILE_19991222?SSrtic? ' ?? ? Joe' r(4 crt?ltc??w, WASHINGTON REGIONAL OFFICE Site Recommendation Tar-Pamlico Riparian Area Protection Rules Compliance Project: Property Owner: Project Location: Date of Site Evaluation: Tim Midgett Timothy W. Midgett Ocracoke Island Hyde County January 13, 2000 Description of Site: The site is located on the southern bank of Silver Lake, which is classified as SC and closed to shellfish harvesting. The project area is comprised of a maintained lawn and a few silver maples, which transitions into coastal marsh to the waters edge. Project Description: The property owner plans to renovate the existing residence on site, which lies outside the 50' buffer. Currently, the property owner has a CAMA major permit under review since December of 1999. The major permit requests to dredge an area in Silver Lake in order to gain access to a proposed pier. The applicant also proposes to construct a 130' long retaining wall for shoreline stabilization. The dredge material is proposed to be placed on site in an upland disposal area. Once this activity is complete, the applicant would like to place a second residence in the buffer zone. Project Recommendation: The WaRO believes this property is a candidate for vested rights. First, the applicant has had the CAMA major under review since December of 1999 and has been recently been given a positive recommendation out of the WaRO with a condition concerning the upland disposal area. The applicant acquired the property for over $200,000 in late October 1999 with plans to build three lots. Since this time, the applicant has cleared the lot for the buildings and driveways and has established storage for on-site building materials. To date the cost of surveying, planning, engineering, site work, and architectural fees undertaken prior to December 22 approaches $15, 000. Please review the attached materials for a more detailed catalogue of expenditures to date. - _ -: ?` ? t ,.? ".r , ., ??? ?C ?: ,.:.a ?'?'' ?. r MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WQ Supervisor: RoaP?_r Thorpe _ Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Timothy W. Midgett County Hyde Project Number 99 1431 County2 Recvd From DCM Region Washington Received Date 12/22/99 Recvd By Region 12/20/99 Project Type dredging and pier Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA Waters O Y O N ?- 29-90 sC 1 30,307. 0.30 F I- ?[7-- PT _0N r_-F_F-F_F-1_1-- r----F-- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y QQ N Did you request more info? Q Y QQ N Have Project Changes/Conditions Been Discussed With Applicant? QQ Y O N Is Mitigation required? Q Y QQ N Provided by Region: Latitude (ddmmss) 350641 Recommendation: Q Issue QQ Issue/Cond O Deny Longitude (ddmmss) 755910 Comments: This particular project is being answered for h 401 Ossues but i still under review concerning Tar Pamlico Buffer Compliance.The applicant is requesting his project to considered for vesting and a memo with this request will be followin shortly, hortly. Submitted 1/14/00. cc: Regional Office Central Office Page Number 1 i n .. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Timothy W. Midgett 2. LOCATION OF PROJECT SITE: Off SR 1328, in Hyde County on Ocracoke Island adjacent Silver Lake. Photo Index - 1995: N/A, 1989: N/A, 1984: N/A; State Plane Coordinates - X: 2,900,850 Y: 508,900 f., Ocracoke Quad. (upper left corner) r. 3. INVESTIGATION TYPE: CAMA and D/F gyp. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1 1/10/99 v Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12/15/99 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed (Highground)/Conservation (Water) (B) AEC(s) Involved: EW, PTA, ES © Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Septic with drain field Planned - N/A (F) Type of Structures: Existing - House and Shed Planned - Pier, mooring pilings, retaining wall. (G) Estimated Annual Rate of Erosion: None 7. HABITAT DESCRIPTION: [AREA] T)RF.T)CTFD FIT.T .F.T) nTTNRR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Silver Lake Bottom 13,500ft2 256 ft2 shaded © Other 35,204 ft2 _ Upland 8 construct a 130 long retaining wall. All dredge material to be graded onsite. (D) Total Area Disturbed: 48,704ft2 1.12 ac. (E) Primary Nursery Area: No (F) Water Classification: SC Open: No PROJECT SUMMARY: Applicant proposes to dredge an area in Silver Lake in order to gain access to a proposed pier with six slips, two catwalks and a 16'x 16' platform. The applicant also proposes to Timothy Midgett Silver Lake/Ocracoke Hyde County Environmental Setting The project site is located off SR 1328, Silver Lake Road, on the south west corner of Silver Lake Harbor off the Pamlico Sound on Ocracoke Island in Hyde County North Carolina. Located on the .86 acre project site is one residence and a storage shed. A pier on the northern neighboring property is located immediately on the property/riparian line. A ±25' wide fringe of marsh exist between the waters edge and the upland interface. The marsh is vegetated with Spartina alternaflora, Juncus romarianus, and Spartina patens. The uplands consist of sandy soils and are vegetated with upland grasses, wax myrtle, live oak and red cedar. The uplands are subdivided into three lots. The area to be dredged has existing depths ranging from 1.5' to 3' deep with a coarse sandy bottom substrate. Although shellfish, oysters and clams, inhabit this area Silver Lake remains closed to harvest. Silver Lake is classified as SC waters by the Division of Water Quality. Project Description i. The applicant proposes excavate an area 13,500 ft2 using a hydraulic dredge removing x4n average of 4' of sand. Dredging will start at the 8' contour carrying the 8' depth for a distance of ±170' then sloping upward to a final depth of 6' for the last 100'. The cut is pie shaped due to the curved shoreline resulting in the constriction of the riparian lines as they project offshore. A 70'x 100' bermed spoil area is to be constructed on uplands onsite. Due to the nature of the site construction of a larger spoil area is impractical. The spoil area will be emptied and the spoil spread onsite site as needed. A 130' long retaining wall is proposed along the upland/marsh interface. The spoil material will serve as backfill. The applicant proposes to construct a 6'x 205' pier with a 16' x 16platform located midway down the pier, two finger piers, and install mooring pilings for a total of six slips. Environmental Impacts The project as proposed will result in the excavation of 13,500 ft2 of Silver Lake bottom. ,;`The 16' x 16' platform will result in the shading of 256 ft2 of Silver Lake bottom. Localized short term turbidity will result from the dredging work and installation of the pier. Construction of the diked spoil area and subsequent spoil disposal will result in the excavation, filling, grading and seeding of the adjacent uplands. Steve Trowell - Washington Regional Office - 16 December 1999 l__, ;ti Vested Rights Appeal 1-13-00 Tim Midgett P.O. Box 250 Hatteras NC 27943 252 986-2841 Ext.222 Re: 350 Silver Lake Road Ocracoke NC 1) Acquired late October, 1999 with plan for 3 lots 2) Contemplated plans noted throughout CAMA major permit application for pier and dredging A. Letter of acknowledgement from DWQ dated 12/28/99 (received by them 12/20/99) (attached) B. See plats, site plans, application 3) See proposed survey plat 4) Driveway and bctilding site already cleared for access 5) Architectural drawings being developed (see attached) 6) Surveying, planning, engineering, architectural fees and site work already undertaken prior to December 2rd approaches $15,000 State of -North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director A0104PA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY December 28, 1999 Mr. Timothy Midgett P.O. Box 250 Hatteras, NC 27943 Subject: Dear Mr. Midgett: CAMA/Stormwater Review SW7991216 Pier and dredging project Hyde County The Washington Regional Office received a copy of your CAMA application for your proposed pier and dredging project at 350 Silver Lake Road on December 20, 1999. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect-your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Roger Thorpe at (252) 946-6481, extension 214. Sincerely, ."ri Mulligan Water Quality Regional Supervisor Washington Regional office cc: Doug Huggett, DCM - Raleigh Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer r-orm DCM-MP-1 rim miagert 350 Silver Lake Dr LIS Ocracoke, Hyde Co, NC Nov. 5, 1999 Scale I" = 30' I)r p m. Describe existing wastewater treatment facilities 4. LAND AND WATER . Septic System for existing dwelling CHARACTERISTICS ' \j .. a. Size of entire tract .86 acres n. Describe location and type of discharges to wate w of the state. (For example, surface runoff, sanital b. Size of individual lot(s) -3 P I.25c Q sE e-7 - - wastewater, industrial/commercial effluent, was as; ' down" and residential discharges.) c. Approximate elevation of tract above MHW or - NWL 5 ft. d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sandy ?rRALoIC? SRiflit 11 ?iSTS?1°T e. Vegetation on tract grass, Pine, Maple. etc. £ Man-made features now on tract House, Shed, Dri yewa . i 1 i n s S. ADDITIONAL INFORMATION , g. What is the CAMA Land Use Plan land (C'onsaft the lord land =e plan.) classification of the site? III addition to the completed application form, d . following items must be submitted: Water Araa. Conservation Transitional Upland ArwDeveloped Community • A copy of the deed (with state application only) c Rural Other other instrument under which the applicant claims tiff to the affected properties. If the applicant is nc h. How is the tract zoned by local government? claiming to be the owner of said property, the DI 4A forward a copy of the deed or other instrument undt . which the owner claims title, plus written permissia i. Is the proposed project consistent with the applicable from the owner to carry out the project: . zoning? Yes No N/A (much zoning oumplionm certiftram, rappiicable) • An accurate, dated work plat (including plan vies and cross-sectional drawings) drawn to scale in blac . j. Has a professional archaeological assessment been ink on an 8 1/2" by I1" white paper. (Refer t done for the tract? Yes X% No Coastal Resources Commission Rule 7J.0203 for If yes, by, whom? detailed description.)- k.- Is the project located in a National Registered Please note that original drawings are preferred an Historic District. or does it involve a National only high quality copies will be accepted. Blue-lin Register listed or eligible property? prints or other larger plats are acceptable only if a Yes Xy_ No adequate number of quality copies are provided b. applicant.:. (Contact the . U.S., Army Corps c '. 1. Are there wetlands on the site? -. Yes No Engineers regarding that agency's use of large Coastal (marsh) XX - Other drawings.) A site. or location map is a part 'of ph If yes, has a delineation been conducted?. Yes requirements and it -must be sufficiently detailed t (Am;h do=vwnAsd=, :f available) guide agency personnel unfamiliar with the area to th Revised 03/95 DIVISION OF COASTAL MANAGEMENT Mr. Timothy W. Midgett Post Office Box 250 Hatteras, North Carolina 27943 Dear Mr. Midgett: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 17 December 1999 The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of your property located off SR 1328 adjacent Silver Lake on Ocracoke Island in Hyde County, North Carolina. It was received on 15 December 1999 and appears to. be adequate for processing at this time. The projected deadline for making a decision is 28 February 2000. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice. card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si ely S eve J. Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office ENCLOSURE SJT:pdp WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL, WASHINGTON. NC 27889 PHONE 252-946-6481 FAX 252-975-3716 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST-CONSUMER PAPER ouY ORE fi - FiRF HYDRANT Tf ' - ELI CT. TRANS. OVERHEAD uT1uTn SILVER LAKE ' SHORELINE (10/12/99) % N?TgPrRTY l.1NES AS SHONM y ++„? % ~ f3FT' ?.i VS ?6+ - '- -_" ON Pi AT AT PC c.. ''L 135. as ?,-'T is,uo;! J a v tA MARSH s u+, k 54):1'06"w d - _ - a1.. _•...?' 16.6 y •fi 1+ r? W 1B N/E uT ?, TRACT tj _ wom (AREA-8,565± SIT-) -?' FFNCC ?{. BODDIE JR. i.. ?____... LNCRUACHES :v 3 GAZEP11 J in 1 v4fu WOOD TABLE 1 ir7 1 C.) a. J 0 A?1kwuM N /F I? TRACT 1 A C° SUSAN BARKS[ 35" 'q.Oq' cv N 07.19' (PC ( 'tel tir (AR?A_18,2751 SO •) E 60.:513' ) ( , . 155) ), F( 44 rRC* DUX "'gip is i r (U8 6, 2. PC, 44 co f.YS+LRN ?'] I ill Fli 1 tl.2' th , ,) N 32.9' ° 9 r or) _- tl r 1 L c 5 t2.q' 500'q.'i5_",W - - fRAUe. flux, ," st v b I G°?' 53, 49' ? n ON MCK -PILLARS (rip, I t 30.0. J Pok41i t r•: hl fa 3' : o'?` SQII oRJVE I 0 j S.M. HOYMAN JR. I w (C)13 134, F0 /70) r J J o 1 00 CfpS OTF. N OF?f LINF J q.e3'\ I ? Ng0'1-07 w -11.9.47- - - -t- - c`L _ J . EIR ckEq:TE 1~ - J Pos a ! ?. '% • APT1C TANK 5.8' X J `\ J„il \ -WOOD % ?y ---- FENGt r, ? ? I I1 1il TRACT 2 +~ < V waTJ) f cS 5.3' X (AREA-7,204 ST.) FENi:t. in ? ;. w0i1G J a\tl\ K ? TRA:SH C ,J a1 L'ONTAINt JZ X- X-X X-X-X-X _ _ I - - N Q1- AJF" E 117. 15, - ' viJ \ LxIST. PK NAIL 9 i EP OF S.R. 13211 YE ROUTE. ._1.3U.-7-- >< YKER +^_0.60' //// E NAIL ... •.'- EX'F,II NAIL \• ?j•' _ -'- -?•'? _--_- ! _ ? .,. r"1r7, (DECL) LIN " 'RAPHI 30 o ro so .3 5..G Svc,\v `2\r 1.??(e_?•r,?.\ (te_v\lXgL >,zLz.lq? l I + SILVER LAKE SHORELINE (10/12/99) S 2029,2 C' MARSH o? \Y? t6 63 LINES AS SHOT ,A E PROP ON LAT3 AT PC C. SL 1. 0>> w'm°' oo i 1 6 ' - ? 2.15,kTIE) / ?w fJ S05-?I'06"W ° 26 65 i i '?\? ww+.a.•''nC 'ta 1ae..??e\ ? C'??. rJ` ?qpp 1 (FtKEA= ENCROACHES 0.33' ti GAZEBO 1 co WOOD TABLE SHED U-) I 0 . ?. ? -? r ALUMINUM o 4 CARPORT co LLJ 100 ry d DO AI.UWI 1 V1 CySIERN OVER! l ?` a w I 500- 4f3 n 6 3.49 r a G N /F S M. HOYMAN 3R. . SUB 134, p(-, 770) 1 I a ' JIFF LINE 83 \ ,? 0 To rn 1 car ?b'??tt' ?r, ? ? ?, j .? wooo FENCf i ° a0 c+ 'H 0 Ex. P1. NAIL FENCE 32.9' - - 1 8.5 12.0' FUEL 70 2-STORY FR ME ,' PILLARS (T?' TAHI(jCSON Bfb WEUING 1J io // a0 PORCN `0' SOIL r 16.3' n 5. 53, 119 47' N00'11 37 W a_ ??e.a. A? ` -? OD. r- 6 SUSP O O 1 N 3 ( ^ u'1 (V I d ? o" l 1120 1 T f I 1 0 i In I \ AW 5 a W00 yF TR 2 AREA=7 ''F.) ?CC3.2+ AN CON T AINE ?N 6 E 117.95' - 01 TATE ROUTE_ 1328.__. 1 ^. x-P NAIL (ASPHALT) DEED LINE rr C O?Q f / Ok' CU9\ i9. r Exl '^ I \ EP EIR r? 066 NAIL 0 30 I (.REUSOTE POST 58 I '.? r ^., '?x. r '?•. ?? b?, 6?+t ?' ?? ?_ ? ?y (:..? ??}? ^O? ? ?? ,?-? ,..., ? -... ,? L. I 4 all too. 0 e L ,? ?: ?$t ?? ?. --? II II II met a FLOAM tts tjgli • • ,7. p.o. r ;a AREA SCHEDULE PR'5T PLOOP LIVING I ar, SIz, 5ECOAD FGOM, LIVING I,?75 5.F TWO PLDOf DIVING no $.F TOW59 05; S.P. TOTAL LIVING 5,44G 5F. G,Ai?AGE 150 5.F State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ,17?WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 3, 2000 Hyde County DWQ Project # 991431 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Timothy Midgett P.O. Box 250 Hatteras, NC 27943 Dear Mr. Midgett: You have our approval, in accordance with the attached conditions and those listed below, to dredge 13,500 square feet of waters for the purpose of conducting maintenance dredging and pier construction off of SR 1328 near Silver Lake in Ocracoke as described in your application dated 22 December, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go'ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non- Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us anew 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow, the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and streams to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. At least two feet of freeboard must remain at all times in the upland diked disposal area. 3. This project does not need to comply with the Tar-Pamlico River buffer rules since the application was received by DWQ before the effective date of the rules. If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 John Dorney at 919-733-9646. i ere y 0"" rr . Stevens Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office File copy Central Files Dough Huggett: DCM 991431.1tr Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-995 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper WASHINGTON REGIONAL OFFICE Site Recommendation Tar-Pamlico Riparian Area Protection Rules Compliance Project: Tim Mid ett J J g Property Owner: Timothy W. Midgett Project Location: Ocracoke Island Hyde County Date of Site Evaluation: January 13, 2000 Description of Site: - The site is located on the southern bank of Silver Lake, which is classified as SC and closed to shellfish harvesting. The project area is comprised of a maintained lawn and a few silver maples, which transitions into coastal marsh to the waters edge. Project Description: The property owner plans to renovate the existing residence on site, which lies outside the 50' buffer. Currently, the property owner has a CAMA major permit under review since December of 1999. The major permit requests to dredge an area in Silver Lake in order to gain access to a proposed pier. The applicant also proposes to construct a 130' long retaining wall for shoreline stabilization. The dredge material is proposed to be placed on site in an upland disposal area. Once this activity is complete, the applicant would like to place a second residence in the buffer zone. Project Recommendation: The WaRO believes this property is a candidate for vested rights. First, the applicant has had the CAMA major under review since December of 1999 and has been recently been given a positive recommendation out of the WaRO with a condition concerning the upland disposal area. The applicant acquired the property for over $200,000 in late October 1999 with plans to build three lots. Since this time, the applicant has cleared the lot for the buildings and driveways and has established storage for on-site building materials. To date the cost of surveying, planning, engineering, site work, and architectural fees undertaken prior to December 22 approaches $15, 000. Please review the attached materials for a more detailed catalogue of expenditures to date. pip Vested Rights Appeal 1-13-00 Tim Midgett P.O. Box 250 Hatteras NC 27943 252 986-2841 Ext.222 Re: 350 Silver Lake Road Ocracoke NC 1) Acquired late October, 1999 with plan for 3 lots 2) Contemplated plans noted throughout CAMA major permit application for pier and dredging A. Letter of acknowledgement from DWQ dated 12/28/99 (received by them 12/20/99) (attached) B. See plats, site plans, application 3) See proposed survey plat 4) Driveway and building site already cleared for access 5) Architectural drawings being developed (see attached) 6) Surveying, planning, engineering, architectural fees and site work already undertaken prior to December 22°d approaches $15,000 State of. North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director A400-4 MOM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY December 28, 1999 Mr. Timothy P.O. Box 250 Hatteras, NC Midgett Subject: CAMA/Stormwater Review SW7991216 Pier and dredging project Hyde County 27943 Dear Mr. Midgett: The Washington Regional office received a copy of your CAMA application for your proposed pier and dredging project at 350 Silver Lake Road on December 20, 1999. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not_ pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect-your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition; any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Roger Thorpe at (252) 946-6481, extension 214. Sincerely, ."ri Mulligan Water Quality Regional Supervisor Washington Regional Office cc: Doug Huggett, DCM - Raleigh Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Ci MARSH v ?--Zovv?p- 1\? ww?n. ? 'to 1?e..•??e\ ?. ? 3x•01. 4rn».'?{,° ?.-? •?' ? mom. ?'.Qp,v?'?r'?rL'?? I ?? (? ENCROACHES I 4 GAZEBO 1 1 SHED 1 b WOOD TABLE 1 1 -11 , 10 ('4 CARPORT AWMINUM m w . r.t x CO cySTERN \¢ Ln w ? 500' 35-W - -s 63.49' c ? 'a v 03 S.M. HOYMAN JR. (UB 134, PG 770) I a ' £qqI LINE 0 63'\ m i WOOD ° A / FENCE 00 I, a lt?-•I \ a ?. I 0 EY.. PM. NAIL 1 00>ov FENCE A,. ea ?b , 32.9' 8.5 12.0' fUEl1 ' u Z-STORY fRAME o +• TANKS ?? , PILLARS e ^30.9' 10 pORC,N tl -• -- 119 47. N00137"\,N 6T tTAw ARC cr?•.ke..? S?.r •a, :L6 63' PROPERTT' LINES AS SL SHO? A ON PLAT AT PC C• ro10 S ` 00 SO5•?I.06"W 5 i 266 SUSAt I CV ? ? tf ( 6 3 l. I 1ul (V I d C •! SOIL RIVE f CRPOI TE - 056 \1? ti I ?f. '\Z T- '_-- - N 01 E 117.95' TA?0?T? 1328._ p NAIL (ASPHALT) ? DEED LlNE ? e - --- job r F; EP Elf t, .- I 066 k NAIL 'c ---•;- 0 30 `Form DCM MP 1 l im Miagea I -b 350 Silver Lake Dr d? Ocracoke, Hyde Co, NC Nov. 5, 1999 Scale I"= 30' 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract • 86 acres ate . L b. Size of individual lot(s) 3 n?s?®s?i . as c. Approximate elevation of tract above MHW or NWL 5 ft. d. Soil type(s) and texture(s) of tract Sandy M. Describe existing wastewater treatment facilities. Septic System for existing dwelling n. Describe location and type of discharges to wate: of the state. (For example, surface runoff, sanital wastewater, industrial/commercial effluent, "wa; down" and residential discharges.) o. Describe existing drinking water supply source. nl•caAcoLey- SRS v ?i? ,?T e. Vegetation on tract grass, Pine, Maple, etc. f. Man-made features now on tract House, Shed, Driveway, Pilings g. What is the CAMA Land Use Plan land classification of the site?. (Cowuu dw loed land use plan.) Water Area. Conservation Transitional Upland-ArewDeveloped Community Rural Other h. How is the tract zoned by local government? DT,LA - i. Is the proposed project consistent with the applicable zoning? Yes No N/A I, (Aaadr zoning compliance 4emficate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes XX 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 Xy_- No 1. Are there. wetlands on the site? -. Yes No Coastal (marsh) XX - Other If yes, has a delineation been conducted?_ Yes (AaaO doarmmo ott, if available) S. ADDITIONAL INFORMATION In' addition to the completed application form, tt following items must be submitted: t, A copy of the deed (with state application only) c other instrument under which the applicant claims tiff to the affected properties. If the applicant is nc claiming to be the owner of said property, the forward a copy of the deed or other instrument undf which the owner claims title, plus written permissio from the owner to carry out the project. • An accurate, dated work plat (including plan viv and cross-sectional drawings) drawn to scale in blac ink on an 8 i/2" by 11" white paper, (Refer t Coastal Resources Commission Rule 710203 for detailed description.)' Please note"that original drawings are preferred an only high duality copies will be accepted. Blue-Jim prints or other larger plats are acceptable only if a adequate number of quality copies are' provided b. applicant.:. (Contact the . U.S., Army Corps C Engineers regarding that agency's use of large drawings.) A site. or location map is a part,of pl,- requirements and it must be sufficiently detailed t guide agency personnel unfamiliar with the area to th Revised 43/95 4 B. HUNTJIi k, qOR NIX6 ? If6 t 5" .'.?n ? ?1rVAYNELCDEV7??,?? ,fSECRETARYl. F .Y r?301?1N'CD IYIO EF. *_^ at. 4 . '?V NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT Mr. Timothy W. Midgett Post Office Box 250 Hatteras, North Carolina 27943 Dear Mr. Midgett: 17 December 1999 The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of your property located off SR 1328 adjacent Silver Lake on Ocracoke Island in Hyde County, North Carolina. It was received on 15 December 1999 and appears to be adequate for processing at this time. The projected deadline for making a decision is 28 February 2000. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However,.an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice" card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si ely S eve J. Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office ENCLOSURE SJT:pdp WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL. WASHINGTON, NC 27889 PHONE 252-946-6481 FAX 252-975-3716 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST-CONSUMER PAPER in. is IT. -(' OUY WIRE FrNF HYDRANT Ell CT, TRANS. OVERNEAG UTIUTI[ Y k SILVER LAKE , St1URELINE (10/12,199) s NRQPI'NTY LINES AS iSNONM .00' I?ti PINT AT PC C.. SL r!5 15,001 h MARSH dam' 6`S - -7.15`{TIL} soY..jr'0tl"W r -1( 1•. a N/F W _ WOC1D ? 'TRACT 1B ?? e`y(yajt.f •) FtNCE ?. BODDIE JR. (AREA=$, LNC•ROACMES S? [)B 136, PV 922) 6AZE1M1 I In t wool) TABLE 44 9410 1 I C) (A d- e5 A) v,??,? , w how"?ovE0 co NSF ,0.on. SUSAN BARKSD ?• TRACY 1 A N 07.191350 - 1 2751 S•F.) Al wuM E $t?S$, r C4 (PG C, SL 155) (ARE'A-1$, (L) B tit, PG 158 Iwo $ PRIM'. DECK avC PN?N4 1 C.YS?LNN I (L1[i $?,. Fr 44l v) "A, 1' 1 CJ I co 0 12.0' TIANK4 r ?•S(?iyr,?7N?Y fRpAMF. ' 500'426 35"W 63,419'- ?N ?LyNw?ARa (Iva. r 1 30.9' 1 y4 - - ,., r+T?kGH :°a N /F x SO!t DRIVE AN JR. S.M. HOYM ? I r (C18 134, PO /70) 1 ? 1 ev 00 r ? 1 r IFS LINF I 83 {x(70'1 1'?} j w - -11.9.47 _ .• - -'+- - _ - I EIR O CRC)&ZTE 1•. 1 \ n Pbal _ ? t • .?.• E D 5(PRC TANK =3.$' X. -VKIOD r -----.... FENGt_ !-? r r , w TRACT 2 t W001> ?c0 5 3• X (AREA-7,2014 $.F.) y WOOD A ??\as 1RA'71, tt C J I:ONAINl ` AA 4 s ® I ?\? r ,- X" . ?. t _?( -X•--X -X- X- X-X -X-' X-X-X --X ! _ N 01"Of 'A" E 117.95 T 411 \ EXIST. PK NAIL 9 I EP OF S.R. 1328 / 0.60 •f 1 y.-y_ -.its T ? -- EX, PK NAIL - - , r~ Ex•?F'It NAIL -_-- IRAPHI( 30 so m L y I i t r ?r V.> c 0 I a F f ?t. . . Y Lip ?a " ? ? I Elio IM, ll_ 'll a a x' 'Wei 066 W4 914a'C 5NAM -lb'1Ol Y4S 991 r?l?l,!'1O1 p 1 9Nlnl- WOO-7-4 0,,O 1 1 d 6 gall ' . 9NIAI-I YOO-W ONOQ 9c, of 4? 96l t " - Nl/11? clOC7'7? .,j G4V:j MG31405 V,9H D 3 TASQM aA o'd 5 .. il::f1vi 90 NMI N =kww t el MEMORANDUM TO: John Dorney , Non-Discharge Branch Regional Contact: Brad Shaver WQ Supervisor: Roger Thorpe _ Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Timothv W. Mideett Project Number 99 1431 Recvd From DCM Received Date 12/22/99 Recvd By Region 12/20/99 Project Type dredging and pier County Hyde County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME CAMA Waters O Y O N_ F ? 29-90 SC ? 30,307. 0.30 F_ F- ?- I O Y_ O r r N I 1 (_-(!- r L- f-?' Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y pO N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y O N Is Mitigation required? Q Y (0 N Recommendation: Q Issue QQ Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 350641 Longitude (ddmmss) 755910 Comments: This particular project is being answered for the 401 issues but is still under review concerning Tar Pamlico_ Buffer Comnliance.The applicant is requesting his project to considered for vesting and a memo with this request will be following sue. Submitted 1/14/00. cc: Regional Office Central Office Page Number 1 f" A .. T L DIVISION OF COASTAL MANAGEMENT { FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Timothy W. Midgett 2. LOCATION OF PROJECT SITE: Off SR 1328, in Hyde County on Ocracoke Island adjacent Silver Lake. Photo Index - 1995: N/A, 1989: N/A, 1984: N/A; State Plane Coordinates - X: 2,900,850 Y: 508,900 , Ocracoke Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/10/99 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12/15/99 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed (Highground)/Conservation (Water) (B) AEC(s) Involved: EW, PTA, ES © Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Septic with drain field Planned - N/A (F) Type of Structures: Existing - House and Shed Planned - Pier, mooring pilings, retaining wall. (G) Estimated Annual Rate of Erosion: None 7. HABITAT DESCRIPTION: [AREA] DRRDC:FD FTT T FT) /1TTTGu (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Silver Lake Bottom 13,S00ft2 256 ft2 shaded © Other 35,204 ft2 s.. Upland (D) Total Area Disturbed: 48,704ft2 1.12 ac. (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Applicant proposes to dredge an area in Silver Lake in order to gain access to a proposed pier with six slips, two catwalks and a 16'x 16' platform. The applicant also proposes to .,i...,,.4. .. 1 lint 1,,... --11 A 11 -1-...1-_ - 1_ _ _ -1 _ A U011SLI LICE a 1-7V 1U11r, l ctau11116 wail. tut U1 rU c 111dMi l 11 LU uc gl itUm 0I1SIte. AF I- Timothy Midgett Silver Lake/Ocracoke Hyde County Environmental Setting The project site is located off SR 1328, Silver Lake Road, on the south west corner of Silver Lake Harbor off the Pamlico Sound on Ocracoke Island in Hyde County North Carolina. Located on the .86 acre project site is one residence and a storage shed. A pier on the northern neighboring property is located immediately on the property/riparian line. A ±25' wide fringe of marsh exist between the waters edge and the upland interface. The marsh is vegetated with Spartina alternaflora, Juncus romarianus, and SSpartina patens. The uplands consist of sandy soils and are vegetated with upland grasses, wax myrtle, live oak and red cedar. The uplands are subdivided into three lots. The area to be dredged has existing depths ranging from 1.5' to 3' deep with a coarse sandy bottom substrate. Although shellfish, oysters and clams, inhabit this area Silver Lake remains closed to harvest. Silver Lake is classified as SC waters by the Division of Water Quality. Project Description r` The applicant proposes excavate an area 13,500 ft2 using a hydraulic dredge removing aan average of 4' of sand. Dredging will start at the 8' contour carrying the 8' depth for a distance of ±170' then sloping upward to a final depth of 6' for the last 100'. The cut is pie shaped due to the curved shoreline resulting in the constriction of the riparian lines as they project offshore. A 70'x 100' bermed spoil area is to be constructed on uplands onsite. Due to the nature of the site construction of a larger spoil area is impractical. The spoil area will be emptied and the spoil spread onsite site as needed. A 130' long retaining wall is proposed along the upland/marsh interface. The spoil material will serve as backfill. The applicant proposes to construct a 6'x 205' pier with a 16' x 16' platform located midway down the pier, two finger piers, and install mooring pilings for a total of six slips. Environmental Impacts The project as proposed will result in the excavation of 13,500 ft2 of Silver Lake bottom. .The 16' x 16' platform will result in the shading of 256 ft2 of Silver Lake bottom. Localized short term turbidity will result from the dredging work and installation of the pier. Construction of the diked spoil area and subsequent spoil disposal will result in the excavation, filling, grading and seeding of the adjacent uplands. Steve Trowell - Washington Regional Office - 16 December 1999 Z_ ,3 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MARAGEMENT j=_.. 17 December 1999 MEMORANDUM TO: Mr. John R. Dorney, Environmental Biological Supervisor- j Division of Water Quality FROM: Doug Huggett ~ Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Timothy W. Midgett Project Location: Off SR 1328 adjacent Silver Lake on Ocracoke Island in Hyde County, North Carolina Proposed Project: To dredge an area in Silver Lake to gain access to a proposed pier with six slips, two catwalks and a platform. Also proposed is the construction of a retaining wall. Please indicate below your position or viewpoint on the proposed project and return this form by 7 January 2000 If you have any questions regarding the proposed project, please contact Steve Trowell at 252-946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons i described in the attached comments. Signed Date WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL. WASHINGTON, NC 27889 PHONE 252-946-6481 FAX 252-975-3716 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Timothy W. Midgett County Hyde Project Number 99 1431 County2 Recvd From DCM Region Washington Received Date 12/22/99 Recvd By Region 12/20/99 Project Type dredging and pier Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ° - Type Type Impact Score Index Prim. Supp. Basin Req. Req. LAMA Waters O Y O N F- 29-90 SC ?- 30,307. 0.30 ? I - -? O Y ON F__1 ? I r - - F_.P Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? Q Y 0 N Recommendation: Q Issue 0 Issue/fond O Deny Provided by Region: Latitude (ddmmss) 350641 Longitude (ddmmss) 755910 Comments: -1 A M A/^^ cc: Regional Office Page Number 1 Central Office Facility Name Timothy W. Midgett County Hyde Project Number 99 1431 Regional Contact: Brad Shaver Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Timothy W. Midgett 2. LOCATION OF PROJECT SITE: Off SR 1328, in Hyde County on Ocracoke Island adjacent Silver Lake. Photo Index - 1995: N/A, 1989: N/A, 1984: N/A; State Plane Coordinates - X: 2,900,850 Y: 508,900 s_ Ocracoke Quad. (upper left corner) a 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/10/99 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12/15/99 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed (Highground)/Conservation (Water) (B) AEC(s) Involved: EW, PTA, ES © Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Septic with drain field Planned - N/A (F) Type of Structures: Existing - House and Shed Planned - Pier, mooring pilings, retaining wall. (G) Estimated Annual Rate of Erosion: None 7. HABITAT DESCRIPTION: [AREA] DRFT)(;FT) FIT .T .FTI nTTUFR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Silver Lake Bottom 13,500ft2 256 ft2 shaded © Other 35,204 ft2 Upland (D) Total Area Disturbed: 48,704ft2 1.12 ac. (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Applicant proposes to dredge an area in Silver Lake in order to gain access to a proposed pier with six slips, two catwalks and a 16' x 16' platform. The applicant also proposes to construct a 130' long retaining wall. All dredge material to be graded onsite. Timothy Midgett Silver Lake/Ocracoke Hyde County Environmental Setting The project site is located off SR 1328, Silver Lake Road, on the south west corner of Silver Lake Harbor off the Pamlico Sound on Ocracoke Island in Hyde County North Carolina. Located on the .86 acre project site is one residence and a storage shed. A pier on the northern neighboring property is located immediately on the property/riparian line. A ±25' wide fringe of marsh exist between the waters edge and the upland interface. The marsh is vegetated with Spartina alternaflora, Juncus romarianus, and Spartina patens. The uplands consist of sandy soils and are vegetated with upland grasses, wax myrtle, live oak and red cedar. The uplands are subdivided into three lots. The area to be dredged has existing depths ranging from 1.5' to 3' deep with a coarse sandy bottom substrate. Although shellfish, oysters and clams, inhabit this area Silver Lake remains closed to harvest. Silver Lake is classified as SC waters by the Division of Water Quality. Project Description The applicant proposes excavate an area 13,500 ft2 using a hydraulic dredge removing an average of 4' of sand. Dredging will start at the 8' contour carrying the 8' depth for a distance of ±170' then sloping upward to a final depth of 6' for the last 100'. The cut is pie shaped due to the curved shoreline resulting in the constriction of the riparian lines as they project offshore. A 70'x 100' bermed spoil area is to be constructed on uplands onsite. Due to the nature of the site construction of a larger spoil area is impractical. The spoil area will be emptied and the spoil spread onsite site as needed. A 130' long retaining wall is proposed along the upland/marsh interface. The spoil material will serve as backfill. The applicant proposes to construct a 6'x 205' pier with a 16' x 16platform located midway down the pier, two finger piers, and install mooring pilings for a total of six slips. Environmental Impacts The project as proposed will result in the excavation of 13,500 ftz of Silver Lake bottom. The 16'x 16' platform will result in the shading of 256 ft2 of Silver Lake bottom. Localized short term turbidity will result from the dredging work and installation of the pier. Construction of the diked spoil area and subsequent spoil disposal will result in the excavation, filling, grading and seeding of the adjacent uplands. Steve Trowell - Washington Regional Office - 16 December 1999 P.O. BOX 250 • HATTERAS, NORTH CAROLINA 27943 (252) 986-2841 INUCWT a V November 20, 1999 Mr. Terry Moore Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Re: 350 Silver Lake, Ocracoke Dear Terry: www.midgettrealty.com TELEFAX (252) 986=2745 Pursuant to discussions you had with Bill Gilbert onsite at Ocracoke on November l& and 11th, enclosed is a revised permit application. The revisions reflect our understanding of the realignment for the respective riparian rights in the subject area. It is also my understanding per a message I received from Charles Jones that an environmental assessment would not be required except in cases where an access channel is applied for. Needless to say, this application is for a boat basin only and is consistent with both previously permitted and pending applications in Silver Lake. I further hasten to point out that we are dealing with a man-made water body in a closed shellfish area with shoaling exacerbated by nearby NCDOT ferry operations. Presumably, this application now meets the criteria necessary to be processed in a timely and efficient manner. The layout as now proposed represents a considerable compromise of what I believe to be my property owner rights and is certainly a substantial reduction in accessibility for boating. It is marginally acceptable to me in its current form and we absolutely cannot agree to further reduction in maneuvering area. Hopefully you can assist in communicating to adjacen't' property owners that we are simply attempting to make the best of an already difficult position. I do appreciate your spirit of cooperation and general guidance towards something that everyone can, perhaps, find to be agreeable. If I can help you in any way to hasten the process, please call on me. Again, I do thank you for your professional and candid approach in working with us to reach some accord that may be feasible for all concerned. Sincerely, imothy W. Midgett TVWcg 0**] SALES, RENTALS, CONSTRUCTION • OFFICES AT HATTERAS, AVON, RODANTHE ??.,„oU,„ OPiORt - Oaawke, Co, NC Form DCM-MP-1 Nov, s, 19" Seale l * - 3W APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Timothy W. Midgett Address P. 0. Box 250 City HattPras State NC Zip 27943 Day Phone 252 986-2841 X222 986-2745 Fax b. Authorized Agent: Name N/A Address City Zip Day Phone Fax State c. Project name (if any) 350 Silver Lake Road NOTE: Perndt will be issued in name of landowner(s), and/or projeet name. .2. LOCATION OF PROPOSED PROJECT a. County, Hyd P b. City, town, comn'i pity or landmark Ocracoke ' c. Street address or secondary road number 350 Silver Lake Road d. Is proposed work within city Iimits or; plannin jurisdiction? y_ Yes No e. Name of body of water nearest project (e.g.; rive] creek, sound, bay) Silver Lake Harbor 3. DESCRIPTION AND PLANNED USE, OF PROPOSED PROJECT a. List all development activities you propose (e.f building a home, motel, marina, bulkhead, pier, an excavation and/or filling activities. Excavate and construct pier b. Is the proposed activity maintenancd'"of an existin project, new work, or both? Neq, work c. Will the project be for public, private or commerch use? nrivatP d. Give a brief description of purpose, use, methods c construction and daily.. operations of propose project. If more space is needed, please attad. additional pages. Pier for private residenc dredging by hydraulic dredge Revised 03/95 YV UA All A f %,4Vl'1Yy.A -Jl 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract • 86 acres b. Size of individual lot(s) 3 lZrStJ? -St eR . c. Approximate elevation of tract above MHW or NWL 5 ft. d. Soil type(s) and texture(s) of tract Sandy e. Vegetation on tract grass,--Pine, Maple, etc. f. Man-made features now on tract House, Shed, Driveway, Pilings g. What is the CAMA Land Use Plan land classification of the site? (Consult the tom land use plan.) Water, Arm. Conservation Transitional UplanDeveloped Community Rural Other h. How is the tract zoned by local government? IaU? -1-UA11 -j., I., - Nov. 5, 1999 Scale V= 30' m. Describe existing wastewater treatment facilities, Septic System for existing dwelling n. Describe location and type of discharges to wat of the state. (For example, surface runoff, sanit wastewater, industrial/commercial effluent, "w; down" and residential discharges.) _Isf k o. Describe existing drinking water supply source. l? i• iZ fa L ?:c? S fliOTiW q 01'e-Mu cZ 77 5. ADDITIONAL INFORMATION In addition to the completed application form, following items must be submitted: A copy of the deed (with state application only) other instrument under which the applicant claims t to the affected properties. If the ;; applicant is claiming to be the owner of said' property, ti forward a copy of the deed or other instrument un which the owner claims title, plus wt'itten permiss from the owner to carry out the project. m i. Is the proposed project consistent with the applicable zoning? Yes No N/A 14 (Attach toning compliance certificate, if applicable) j- Has a professional done for the tract? If yes, by. whom? _ archaeological assessment been Yes XX No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes XX No 1. Are there wetlands on the site? X Yes No Coastal (marsh) XX - Other If yes, has a delineation been conducted?_ Yes (Am;h domne nation, if available) • An accurate, dated work plat (including plan vi and cross-sectional drawings) drawn to scale in bl. ink on an 8 1/2" by 11" white paper. (Refer Coastal Resources Commission Rule 7J.0203 fo detailed description.)' Please note that original drawings are preferred only high quality copies will be accepted. Blue-1 prints or other larger plats are acceptable only if adequate number of quality copies are provided applicant.. (Contact the . U.S.,Army Corps Engineers regarding that agency's use of lar drawings.) A site or location map is a part 'of 1 requirements and it must be sufficiently detailed guide agency personnel unfamiliar with the area to Revised 03195 Scale V= 30' 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 reeved a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 daysiin 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 11ayQ ye,-dr . Address P -n Rn3c i ans Phone, Rocky Mevnr_ NG 9.7809 Name Susan Barksdale Address 215 N Park nri -ra Phone Greensboro NC 27401 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. Y N-A • 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 lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSIC TO ENTER ON LAND I understand that any permit issued in response to ti application will allow only the development described the application. The project will be subject to coedit o and restrictions conned in the permit:. I certify that to the best of my knowledge, the propos activity complies with the State of North Caroiin, approved Coastal Management Program and will conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fa grant permission to representatives of state and fede; review agencies to enter on the aforementioned lands connection with evaluating information relat:edr'to tI permit application and follow-up monitoring if t project- I further certify that the information provided 3a t] application is truthful to the best of my knowledge: This is the 9t-,h day of Nag- , 19 99 . Print Name Timothy W. Midgett Signatu a VJ- Landowner or ,ized Agent Please indicate attachments pertaining to your prooo: project. " DCM MM-1 Excavation and FiII Information DCMM-3 r Upland Development DCM MP-4 Z Structures Information DCM MPS Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in space provided at the bottom of each form. Revised 03/95 A'tot axl --1- - - 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 4 Rock groin Rock breakwater Other (Excluding shoreline stabilization) 270' 50' 3' 6'-8' Nov. 5, 1999 Scale V= 30' 1. EXCAVATION - - a. Amount of material to be excavated from belov MHW or NWL kin cubic yards 2200 cu.yd/ b. Type of material to be excavated Sand c. Does the area to be excavated include coasta wetlands (marsh), submerged aquatic vegetatiol (SAVs) or other wetlands? Yes y No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area on-site b. Dimensions of disposal area 7n- X nn c. Do you claim title to disposal area? - X Yes No If no, attach a letter granting permission from thl owner. d. Will a disposal area be available for futgri maintenance? X Yes No If yes, where? on-site . Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes -X- No f. Does the disposal include any area in the water? Yes X No Ocracoke, Hyde Co, NC Nov. 5, 1999 Scale I" = 30' If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A (3) Purpose of fill N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length Retaining wall 130 ft. b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? N/A Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL 1T,/A e. Shoreline erosion during preceding 12 months (Source of information) 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? spread and seeded f. Type of bulkhead or riprap material wooden b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap N (2) Bulkhead backfill - 011 c. h. Type of fill material sand to backfill eer. A JA igh gr-Qzkgd A. Source of fill material From dredging operation. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Applicant or Project Name K?j-<KLMQ ta egnature a. Will fill material be brought to site? 11 / 5/99 Yes XX No Date 400 copies of this public document were printed at a total cost of $11.00 or $ .03 per copy. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge Will wetlands be cr3ssed in transporting equipment to project site? Yes y_ No If yes, explain steps that will be taken to lessen environmental impacts. Timothy W. Midgett Revised 03/95 Form DCM-MP-4 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. a. Dock(s) and/or Pier(s) (1) _ Commercial -Community __X Private (2) Number One (1) (3) Length 205 ft. (4) Width 6 ft. (5) Finger Piers X Yes No (i) Number Ilm (2) (ii) Length 19, ft-- (iii) Width _1 ft, to 3 ft. (6) Platform(s) X Yes No (i) Number One (1) (ii) Length 16 ft. (iii) Width -1.6--:t;, (7) Number of slips proposed g; X (F,1 (8) Proximity of structure to adjacent riparian property lines Pier on Riparian Line (9) . Width of water body N/A (10) Water depth at waterward end of pier at MLW or NWL F_? r (fit) ft proposed b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) SOU Juver Lake Ur ?- Ocracoke, Hyde Co, NC Nov. 5, 1999 Scale V= 30' e. Mooring buoys N/A (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor,; etc.) (4) Width of water body (5) Distance ' buoy(s) to be placed beyond shoreline Mooring structure (boatlift, mooring pilings etc.) (1) _ Con•.mercial _ ommuntty _ Private- (2) Number 17 (3) Length 30 ft. long pilings (4) Width width p piling g. Other (Give complete description) 3SD s ?LV?? ?,? pl p Tpplicant or Prdiect Name i Signature Date d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands 400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy,. Revised 03/95 1VUV. JIYYY Scale l"? 30' Narrative Applicant proposes to excavate waterfront area in the southwest comer of Silver Lake in Ocracoke, Hyde County, NC. Excavation to be performed by a hydraulic dredge and discharged into onsite spoil area. Total excavated material estimated to be 2200 c.y. and spoil area capacity (with one ft. of freeboard) is approximately 575 c.y. Therefore, the spoil area will be emptied three times during excavation process and distributed onsite. Applicant further proposes to erect a wooden, pile-supported pier with six (6) slips to service existing private residents. - - I - 1, -11 Scale I"= 30' ?? :r y V Y A` ? r ` •r •' ?'?" '`? IMF -Pt .+?'?•'?' ryv '?' ? O r?5 ?£ ax x ? is i•-`a:t..:?'yx •?'} ?a j:1 t.t "r 5'S ?Y"h irr S. nL: 1 1 ?{•••?.:..?? qtr ,?.? P _; lV ®®t 0'Q ®®®t 0 ^ C is 7 4' p N.-,.:5,1994 Scale I"=30' Rl -Aormft 1.. a ..9.= Ala 2 e 1 C?ori?c ? N \I(ZA tRlsS Stan Sptjlt, AAEN t 1» = 3 0 Riat?? ? m "= EIoRtZt?1JTAL SCAM • ?-a.?a.t' Leval ~?? CRASS SEC."ti&A - ?11E-R Lwms .? Mob ar RCt>Mi0 •416.E? 2"x coo Q a ?/ r x 21f Isq! 44 WKMVA., LaveL I? 3 so St lve?r ??.`SQ1,?r 1Z?Z?Q1? 1? ` V?.2?` - C,?a Sec\o'; a Y,6 xs -f I ,??? zt.4 1? eZ3?s ??o V '?l \ l U L ?XS?• `?y?YUu?? G 57 6 S \\v e-l 1,z`ce . ?????\gq SIL\JER LAKE Ccv? ?Zlzlgq) I SHORELINE ?t0I12/99) ???c\,.z r??\ \ 36 63' S Z0•-, . ?? `^? . i. PROPERT t LINES AS SI ON ON PLAT AT PG C. SL 1 88' Z 15.00 oo. Dolt 6 - - 215(TIE) MARSH oll. 6`? ?"' _y '^ / fJ SUS'?1 O6'w 26 65 r1o??:? wUE' -,,a-Q ? /FENCE S'r4;'S.?. P R?oo?-S F .1 apt 'Y?m? ?"?1^?'N`rc'??o?n I EA= 1 1 ENCROACHES I 0.13' ?.--1 (ryve?, Ab `0?.. 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