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HomeMy WebLinkAbout20010933 Ver 1_COMPLETE FILE_20010608o?OF W A T FR pG Michael F. Easley Governor C? William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality July 12, 2001 DW Q# 01-0933 Dare County Ben Seal, Jr. Belford/Seal Development, LLC 4 Beamon Woods Road Potomac, Maryland, 20854 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Seal: You have our approval, in accordance with the attached conditions, to excavate, grade and seed 2.43 acres of high ground within the Ocean Hazard Area of Environmental Concern in order to removing all remaining foundations and infrastructure associated with the Carolinian Hotel in order to redevelop the property as ten residential building sites in Dare County, as described in your application received by the Division of Water Quality on June 8, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3274 which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when it is issued by the NC Division of Coastal Management. 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Removal of Underground Storage Tanks (UST's) must adhere to Department of Environment and Natural Resources (DENR), Division of Groundwater regulations governing removal, disposal and remediation of UST's during the demolition phase of construction; 2. Removal of septic tanks, grease traps, and drainfields must adhere to DENR/Division of Water Quality regulations governing removal and disposal of septic tanks and grease traps during the demolition phase of construction; 3. All impacts to the primary dune system and first line of stable vegetation must be minimized to the extent practical. 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Mr. Tom Steffens in DWO's Washington Regional Office at 252-946-6481 or Ms. Cyndi Karoly in Raleigh at 919-733-9646. Attachment in rel r v s cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949 010933 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr state.nc.us/ncwetlands/ O?O?WAT?I Q 7 O ? Michael F.- Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality July 12, 2001 DW Q# 01-0933 Dare County Ben Seal, Jr. Belford/Seal Development, LLC 4 Beamon Woods Road Potomac, Maryland, 20854 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Seal: You have our approval, in accordance with the attached conditions, to excavate, grade and seed 2.43 acres of high ground within the Ocean Hazard Area of Environmental Concern in order to removing all remaining foundations and infrastructure associated with the Carolinian Hotel in order to redevelop the property as ten residential building sites in Dare County, as described in your application received by the Division of Water Quality on June 8, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3274 which can be downloaded from our web site at http://h2o.cncstate.nc.us/ncwedands . This Certification allows you to use your CAMA Permit when it is issued by the NC Division of Coastal Management. 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Removal of Underground Storage Tanks (UST's) must adhere to Department of Environment and Natural Resources (DENR), Division of Groundwater regulations governing removal, disposal and remediation of UST's during the demolition phase of construction; 2. Removal of septic tanks, grease traps, and drainfields must adhere to DENR/Division of Water Quality regulations governing removal and disposal of septic tanks and grease traps during the demolition phase of construction; 3. All impacts to the primary dune system and first line of stable vegetation must be minimized to the extent practical. 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Mr. Tom Steffens in DWQ's Washington Regional Office at 252-946-6481 or Ms. Cyndi Karoly in Raleigh at 919-733-9646. rel ?, in r v s Attachment cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949 010933 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr state,nc.us/ncwetlands/ MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Belford / Seal Development Project Number 01 0933 Recvd From D('M Received Date 6/8/01 Recvd By Region Project Type hotel County Dare 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 LAMA I - O YO N F- 99 F SB -F-F371-66. F_- F_ I Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y pO N Did you request more info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y * N Is Mitigation required? p Y (9 N Recommendation: Q Issue # Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Site visit 20 June 01. Recommend issue w conditions: Removal of UST s must adhere to NCDENR/Groundwater/UST rules and regs governing removal, disposal and remedialtion of USTs in demolition phase of construction. Removal of septic tanks,, grease ps, and drainfields must adhere to NCDENR/ DWO rules and regs uoyerning removal and disposal of septic tanks and grease traps g the demolition phase of construction. Applicant must minimize all impacts to the rip •marv dune system and first line of stable vegetation, cc: Regional Office Central Office Page Number 1 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor William G. Ross Jr., Secretary Donna D. Moffitt, Director June 4, 2001 e0? NCDENR MEMORANDUM: TO: John R. Dorney, Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Belford/Seal Development, LLC Project Location: 2307 Virginia Dare Trail, Nags Head in Dare County adjacent to the Atlantic Ocean Proposed Project: Remove all remaining foundations and below ground infrastructure associated with the Carolinian Hotel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 25, 2001. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (252) 264-3901. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: http://dcm2.enr.state.nc.us r 13?b/sEal- r,?v?wpMEnr?- DCM % DWQ % Development Type FEE 14300 1601435100093 1625 6253 243001602 435100095 2341 1. Private, non-commercial development that does not involve S250 100%($250) 0%($0) the fllling or excavation of any wetlands or open water areas: it. Public or commercial development mum that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below applies: III(A). For Private, non-commercial development, If General water Quality $250 100%($250) 0%(50) Certification No.3301 (see attached) can be applied: 111(B): For public or commercial development, if General water Quality $400 100%($400) 0%($0) Certification No.3301 (see attached) can be applied: 111(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certiflcation No. 3301 (see attached) - S400 60% ($240) ($160) 40% can not be applied: IV. For development that involves the filling and/or excavation of more $475 60%($285) 40%($190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Belford/Seal Development, LLC 2. LOCATION OF PROJECT SITE: The property is located on the east side of NC 12 (Virginia Dare Trail), at the intersection of NC 12 and Driftwood Street, along the oceanfront, in the Town of Nags Head, Dare County. Photo Index - 2000: Area Not Covered 1995: 185 1931 T and U 16, 17 & 18 1989: 1 42-33 Q and R 7, 8 & 9 1984: 138-451 D & E 14 &15 1978: 88-384 R & S 8 &9 State Plane Coordinates - X: 2993000 Y: 832,200 INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 22"d and May 13th Was Applicant Present - No PROCESSING PROCEDURE: Application Received as Complete - May 29, 2001 Office - Elizabeth City SITE DESCRIPTION: (A) Local Land Use Plan - Nags Head Land Classification From LUP - Developed w/ Conservation within the AEC (B) AEC(s) Involved: Ocean Hazard (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Systems Planned - (F) Type of Structures: Existing - Planned - (G) Estimated Annual Rate of Erosion: Source - Erosion Rate Maps Remove all Foundations of old hotel buildings, septic systems, grease trap, underground oil tanks, two deck systems over the primary dune. One structure is located in the landward side of the dune under the deck system. Future development and permits will be the responsibility of the new owners. 2' HABITAT DESCRIPTION: [AREA] F_D= OTHER DREDGED Fl UM (A) Vegetated Wetlands: (B) Non-Vegetated Wetlands: (C) Other: High Ground (Upland) w/ in the Ocean Hazard AEC Excavate/Grade/ Seed: 105,781sf (D) Total Area Disturbed: 105,781 square feet (2.43 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant's propose to remove all remaining foundations and below ground infrastructure associated with the Carolinian Hotel for the purpose of redeveloping the property as ten residential building sites. Belford/Seal Development LLC Field Report Page 2 PROJECT SETTING The applicant's property is located at the intersection of Driftwood Street and Virginia Dare Trail (NC 12), on the oceanfront in Nags Head, Dare County. The site is comprised of ten individually platted lots that were previously home to the Carolinian Hotel, which was a part of the beach community in Nags Head for over fifty years. Structures on the property included the main hotel (with a bar and restaurant), four smaller buildings with multiple efficiency accommodations, an in-ground swimming pool, a beach access, two large dune top decks that included a bar and dance floor, and a large storage building under the decks that has been overtaken by the dune. Including parking, concrete walkways and dumpster pads, the site had approximately 56,973 square feet (1.3 acres) of impervious surface. The property is noted in the narrative as consisting of 3.78 acres and on the project plans as being 4.16 acres. According to staff calculations the property in question does consist of 4.16 acres if measured from the property line abutting Virginia Dare Trail to mean high water. If calculated in conjunction with the First Line of Stable Natural Vegetation the property consists of approximately 2.43 acres. Vegetation on the property was primarily limited to domestic yard grasses and ornamentals around the hotel itself. Vegetation along the rear (east side) of the buildings includes, american beach grass, sea oats and salt meadow hay. A heavily vegetated primary dune system exists along the eastern side of the property providing protection to the property during severe storm events. The property itself falls into two flood zones. The dividing line falls along the dune system paralleling the beach. Located on the ocean ward side of the line is a VE (EL 20.0') Flood Zone and to the west is an AE (EL 9.0') Flood Zone. The crest of the primary dune has an elevation that varies from 23' to 28'above mean sea level. According to the Erosion Rate Maps, the erosion rate for the property in question is 2'-0" per year. According to the applicant's agent, the Carolinian Hotel was closed, and the interior furnishings auctioned off to the public, prior to the sale of the hotel to the current owner. In addition to auctioning the furnishings, the previous owners apparently sold parts of the building itself, including floors, windows, doors, built-in fixtures, decking and wall coverings. The sale resulted in essentially gutting the building, leaving it in ruins and creating what is commonly referred to as an "attractive nuisance." Over the months following the dismantling of the structures interiors, people continued to enter the buildings to retrieve keep sakes. The site became a constant problem for the Town of Nags Head, necessitating some action to remove the hazard. In March of this year the owner's agent submitted a CAMA Minor Permit to remove the structures and clear the property. However, it was determined that land disturbance necessary to remove the structure's foundations and associated infrastructure would result in over two acres of land disturbing activity, and would require a CAMA Major Permit. Due to continuing problems with trespassing by local youth and site seers, the Division of Coastal Management was contacted by the property owner's agent and the Town of Nags Head to determine what could be done prior to the issuance of the Major Permit, to remove the existing hazards posed by the remaining debris and building shells. On May 21, 2001, the Division of Coastal Management notified the Town and the owners by letter, that the above ground structures could be removed as long as the activity did not include the excavation of any below ground infrastructure including, but not limited to, the parking lots, swimming pool, concrete walkways, septic systems, building foundations, fuel tanks, utilities or grease traps. It was later determined Belford/Seal Development LLC Field Report Page 2 that some of the infrastructure was located landward of the Ocean Hazard Area of Environmental Concern (AEC), and the owners began removing the foundations outside of the AEC. However, during the weeks that followed demolition was expanded to include work within the Ocean Hazard AEC, resulting in the excavation of approximately 5,080 square feet of high ground, without authorization. The owners were issued a Notice of Violation and requested to cease all land disturbing activities within the AEC, and were assess $1,000.00 penalty. Work stopped as requested, the penalty was paid in full, and the violation closed. The Division of Environmental Management's water quality classification for the waters of the Atlantic Ocean, contiguous to that portion of the Pasquotank River Basin that extend from the North Carolina-Virginia State Line to the northeast tip of Ocracoke Island, is SC (fish propagation). Review of available information suggests that there are no known archeological sites or unique geological formations associated with the immediate area where the outfall is located. PROJECT DESCRIPTION The applicant, Belford/Seal Development LLC, purchased the property with the intent of removing the Carolinian Hotel, and all associated infrastructure, to make room for a ten lot residential subdivision. The applicants would like to remove the remaining debris and below ground structures to complete the project. The total area of land disturbance anticipated with the clearing of the property was originally 105,781 square feet (2.43) within the Ocean Hazard ACE, and 6,200 square feet will be undertaken within the primary dune system to remove two dune top decks and a 25'x 42' storage building. With the exception of the dune top structures and the storage building, the limit of land disturbing activity will be generally along the 60' small structure setback line, which also falls along the landward toe of the primary dune system. Approximately 5,080 square feet of the work has been completed. The applicant proposes to place sand fencing along the front and side property lines to secure the property during work. Once all structures, above and below ground, have been removed the property will be graded and re-vegetated. ANTICIPATED IMPACTS Approximately 2.43 acres of sand will be displaced within the Ocean Hazard AEC, from land clearing activities. Approximately 6,200 square feet of primary dune sand and vegetation will be displaced during the removal of structures within the dune system. Excavation of existing infrastructure will result in the removal of two deteriorating metal below ground fuel tanks and an old below ground grease trap. Submitted By: Lynn W. Mathis Date: June 3, 2001 NAGS HEAD SHORES PROPERTY MAJOR CAMA PROJECT NARRATIVE Location/Environmental Characteristics The subject property is located at approximately 35059126" N Latitude and 75038'26" W Longitude in the Town of Nags Head, Dare County, North Carolina. The subject site is known as the Carolinian Hotel- Nags Head Shores Property and is a 3.76 acre oceanfront tract. The property lies on the east side of NC 12 (Virginia Dare Trail) at the intersection of NC 12 and Driftwood Street. Immediately adjacent to the north lies "Ocean Condos" (condominium development) and to the south is a private residential lot. This oceanfront property is lined with a protective sand dune ridge, that acts as a protective wall against the powerful storm systems that frequent the Outer Banks. During exceptionally strong storms such as noreasters in the winter and spring months, dune ridges such as these are periodically overwashed or blown out by irregularly high ocean tides, waves and wind. During normal conditions these dunes are not inundated by ocean tides and some vegetative cover is allowed to grow. Root systems of dune grasses help stabilize the dune ridge, but winds promote slow shifting. Shoreward of the First Line of Stable Vegetation (FLSV) lie beach sands of the upper continental shelf that line most of the Atlantic coastline. Beach sands of the Outer Banks are generally a thin, variable accumulation of sand that lie unconformably on top of a pre-existing geologic framework. Modern sands of this area lie on top of older sequences of sands, peat and limestone. While the blanket of beach sands seasonally and annually erode and accumulate, the underlying framework remains relatively stable. Site Conditions This property is currently owned by Belford/Seal Development, LCC. Previously existing on the site was the former "Carolinian Hotel" (no longer in operation). The facility consisted of approximately 22,392 SF of building structures and 34,581 SF of impervious concrete and brick drives and walkways, bringing the total former impervious cover to approximately 56,973 SF. There were also extensive wood decks and walkways at the rear of the building that were used as bar areas and allowed clientele beach access. Besides the main hotel structure, there were also four cottages on the south side of the property that have been included in the total impervious cover. Associated with the former "Carolinian Hotel" complex were subsurface septic systems and underground storage tanks as shown on the accompanying site plan. Existing on the property are 10 pre-existing subdivided lots (Lots 1- 8, 12, 13) that lie within the Commercial Residential District (CR). Initial work on the site has included removal of all above ground and below ground existing improvements and proper disposal of these materials. Work pertaining to issuance of this Major CAMA application includes removal of any ground infrastructure within the 145' Area of Environmental Concern (AEC) as outlined in the accompanied March 21, 2001 letter from Lynn Mathis of NCDENR, DCM, addressed to Eric Avery. Ground infrastructure includes building foundations, pilings, concrete walkways, brick walkways, septic systems, grease traps, drainage pipes, fuel tanks, utility lines, etc. Before issuance of the Major CAMA Permit, removal and disposal of most above ground structures will have taken place. This activity is not included in the category of "development" as set by NCDENR and does not require authorization by DCM. Contractors hired by Belford/Seal Development, LLC have been informed of the conditions for above ground removal only until issuance of a Major CAMA Permit and have copies of the March 21, 2001 letter. There has been some removal of ground infrastructure within the AEC without obtaining a Major CAMA Permit. This disturbance totals approximately .12 acres and is shown on the Major CAMA Site Plan. As depicted on th Site Plan, an approximate oceanward limit of disturbance has been set. A small portion of existing wood deck and a beach access stairway currently reside within the First Line of Stable Vegetation (FLSV) and will require disturbance here. Wood decking and pilings will be removed as to minimize negative impacts to vegetation and dune stability. As shown on the site plan, the pre-existing decks lie within the dunal system and removal of these structures will require disturbance here. No dune disturbance will include removal or permanent reconfiguration of the dune. Re-Vegetation of disturbed areas will be done in accordance with the Sedimentation and Soil Erosion Plan. In concordance with Major CAMA Permitting, a Sedimentation and Erosion Control Plan has been submitted to the Town of Nags Head and a Stormwater Management Plan has been prepared for submittal to NCDENR, Division of Water Quality. Form DCM-MP-1 APPLICATION (To be completed by all applicants) c. Street address or secondary road number 1. APPLICANT 2307 Virginia Dare Trail (NC 12) a. Landowner: d. Is proposed work within city limits or planning jurisdiction? X _ Yes No Name Belford/Seal Development, LLC Address 4 Beamon Woods Rd. e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Ocean City Potomac State MD Zip 20854 Day Phone (252) 453-3600 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Fax b. Authorized Agent: Name Ouible & Associates, P.C. Address PO Drawer 870 City Kitty Hawk State NC Zip 27949 Day Phone (252)261-3300 Fax (252)261-1260 c. Project name (if any) Carolinian NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark Nags Head a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or fil ling activities. See attached narrative b. Is the proposed activity maintenance of an existing project, new work, or both? See DCM letter dated March , 2001 & narrative 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. See attached narrative 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 4.16 acres b. Size of individual lot(s) See Major CAMA Site Plan c. Approximate elevation of tract above MHW or NWL 10' NGVD Revised 03/95 Form DCM-MP-1 d. Soil type(s) and texture(s) of tract Newhan find sand (NcC) Newhan-Urban land complex (NuQ e. Vegetation on tract dunegrass, shrubs f. Man-made features now on tract Above ground features approved for demolition (See attached DCM letter dated March, 2001) g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) _ Conservation Transitional X Developed _ Community Rural Other h. How is the tract zoned by local government? CR- Commercial/Residential i. Is the proposed project consistent with the applicable zoning? _ X Yes _ No (Attach zoning compliance certificate, if applicable) Has aprofessional 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 1. 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. On-site septic system n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface Runoff o. Describe existing drinking water supply source. Dare County Water Department 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted; • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8'/s" by 11 " white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant, (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the 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 Ocean Condos (c/o Charles Shelton) Address 4658 Carlton Dunes Dr. #3 Phone Amelia Island. FL 32034 Name Phillip A. & Jayne D. Currie Address 4533 W.144`h St. Phone Cleveland OH 44135 Name Address Phone 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. DCM letter dated • 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 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 I day of, 2001. V ,fin / Print Name Cku t r Signature `- ? v Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units or structures proposed N/A X Yes No Currently being prepared If yes, date submitted 04-17-01 i. Describe proposed method of sewage disposal. N/A j. Have the facilities described in Item i. above received state or local approval? N/A (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) N/A m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? January 15. 1951 I s 64- F-0140 -,g-_ hC Appl' nt or coject Name Signatur 7 Date b. Number of lots or parcels 10 individual subdivision c. Density (give the number of residential units and the units per acre) N/A d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 2.43 acres (105,781 SF) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted 4/4/01 to Town of Nags _ Head f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. N/A g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. -0- h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Revised 03/95 I NOTE: ; , :1 APPROXIMATE ti,+ SAND FENCE IS SHOWN FOR ILLUSTRATION SHORELINE i PURP ~ OSES ONLY; ACTUAL LOCATION WILL BE G~GEAN CONDOS r JUST INSIDE PROPERTY BOUNDARY G D /CHARLES 51~EL TON ~7y { `11 t - ' ~ k , - ~ ATLANTIC z , - OCEAN I ExrsrrN~ eUrLDrrr~ ~ i i ; NG BU!LD!NG BENEATH DECK v, . - . I I APPR I OX MATE POSITION OF (CURRENTLY !N-! ~RENTLY !N-PLACE I 1 I GREASE TRAP TO BE REM I I ( OWED) ~ ~ I~ I ~ ~ ~ ~ ~ _ ~ . I , ~ A ~ SITE 1,223 LF SAND FENCE , I - - -N 70' 30' E - - - - - - I I i ~ ~U' t 1~ f - N 70' 30 E 1 i f I 50 ~ ~ ~ i I ' \ I I i ~ Z I ~ ~ f I , , DRIFTWOOD p I~ ~ I I ' ~I: , I ~ I ~ I _ i j s x ~ I ! ~ STREET ~ ~I ~ ~ o, ~ ~ ~ Q ~ Z _ - ~ ~ , ~ ~ , ~ U I~ I Ex(5r(N I ~ ~I ' , , I I , ,I - ' , ~,'1, , ~ ;I, ~ ~ ~ L _ J SEPTIC - , I,' I ti I f. ~i W EXlSTlN6 ~ I I r ~ ~ , NC 12 ~ q I~~;~, ~ ~ ~ ~ I + / . , , I ~ ~ ' I, ' I ~ _ I , . I - , , 24 ~ ~l!, ! ~ ,081 SF ; Z I ~ ,1 -L I 150' ' I ( I . ~ ~ L .yti ~ ~ v . ~ A 1~~ ~ ~ R i ~ I ~ ~ I _ _ _ . • _ - i ~ / - - ~ - U ~ ~ I ~ I ~ w I ' I, 1~.' ~ ! O ~ 0 i~~ ~I,, I Q~,,~t. _~9U ~ p / _ _ - , ,_l ; ~ ~ I I . ~ r ~ ' , - ~ w - CEANWARD LIMITS OF DISTURBA ~ a -~wp3a~ - f ~ NCE ~ _ ~z o o w ~ I to I EXISTING _ : , - ~ ~ ~ ~ , 1 1 ~ a~~~^ozo7, o ~ o I ~1 I I - I SEPTIC 0 ! I - - Ex~sfi>~ L_ 1 ! ~ 0~~~4.~~0 - - - - - ~ ~ ~ ~ DETAILS. Q 41~~~WOm~._ I ~ Y • ~ - - _ - ~ DESK ~ , 1 W I I 5 STEM - . - ~ ~ I- - - - - ~ ~ ~ ~ ~ V U I<Wn~%f- -~Q Fxrsnr~) ~ 0 - ~ E--+ I I a - ,--_1-~ ~ - I O - ~ , 1 1. OWNER: BEDFORD SEAS DEVELOPMENT, I_LC ~ < ~N~ , ~ ~ ~ ~ ~ `3 ~I I I , 24,307 SF ~ o ~ ~~<<° g~,W C, ' ~ ~ I ~ CONTACT PERSON. BEN SEAL ~ ~ r w°~~"~ I, _ ~ r a w n n g - . W -----I• - , k N 150' - ~~•~,~'t~ ~ 821 OCEAN IRAN '~;IT. a W ~aQZ~ zw~r~ - ~ i_, SU, f ~4 0 ~ o~Q~- ~ I - ~k - I - ~ '1 - COROLLA, NC 21921 I ~ I I R~ - I I ~ , ~ I , ~ , ,1 ~J , 1 ~ 1 @~ ~ - __03_..3 252 453-3600 ~<< ~ ( ) - ~ ~~~~o~ i I 1, , I ~ o I ~ I , u- --EU-~ ~ ~ i a _I~ ~ ~ 2. ENG~NEER: QUIBLE & ASSOCIATES, P.C. r ' , I - ~xlSriN~ EX(STI , I ~J' _ i ~ ` ^~J' ` _ ' ; ~ ~ , ~ P.O. DRAWER 870 I z~ I NG 3 5 Y BRlG ,BUILDING ~ '~i~r-~--,. Q m A ~ G4`!?ETLr NG4LK ~ FINISNFD FLGll'R ELEVAI-!0 9.34' b ~~~f` , \~I,• r. 1'' ~,f, KITTY HAWK NC ?_7949 ~Q vl I .I _I~I,~ ,~,~I~~,~~I~~~~ ~ (252) 261-3300 ~ ~ I ~ ~ ~ I 24, 533 SF ,I 150' ~ ~ ~ ~ I I , a ' i ( I I I n ~ ,',l, - - ~ ~ I~ i ~ ~ ~ 1, ,1,~,'~~,I~ ~ ~ ~ ~ 3. RECORDED REFERENCE: D.B. 331 P - p I , C. 9~~. M.B. G. h3 I; ' ; f ~ ~ ~ ~ 4. PARCEL AR A' ~ ~ ~ ~ - - - - - - - - - S 70' 30' W - - - - Z I - - - - - ~ 1 ,'---r-- --f---~ , ~ _ ! E 4.16 AC. ZQ ~ I I~ ~ I'. - ~ ~ 5. I'~',' ~ . ti ' ~ ZONING: COMM~R I I L ~ CAL RES DENiIA! (CRf o ~ I I I ~ ' L~ ',I 1 33 R W o EXI5TIN6 I ~ U ~ ~ 1 - I ~ ~ ~I ~ ~ ~ l i f,~ ~ ~ 6. IMPROVEMENT. _ - , r i i ~ r w SEPTI I ~ I ~ ' ~ ' I11 I EXI5tIN5 I G I ~ - - - N - - ~ - - - - - - ~ o w ~ coNC~>F I SYSTEM I I ? t 1 ~ , 1 1. ~ ~ S SHOWN HAVE BEEN DIGITIZED E~,OM F f_T~ ~ PREPARED i I I i Ii 70' ~0 E O F- (n I , I ~ ~ , ~ , 1 , - - _ _ _ _ _ _ ~ w ~ w I o P,4RK1N6 I APPROXIMATE POST , lON OF I , ( ~ I 1 ~ 'I - ~ I~~ BY W.M. MEEKINS, JR. & ASSOC., INC. Efv'TI1LE_D SURVEY OF ~ `T~ ~ 1 5 ,i I Z 150' W --1 I I ~ ~ I i. ~ 1-8 LOTS 12&13 NA ~ ~ ~ ~ ~ ~ , , GS HEAD SHORES, B~ OCK A OR R,~ _>TOM J. IRANI , I o 1) w rr w I ABANDONED fIEATIN olL , ~ I ~ ~ UST 5 (TO BE REMO D) ~ ' ~ ~ ' A I ~ p ~ , i,'.; AND MILDA A. IRANI DATED 06 06 97 ~ , ~ ~ ~ W p ~ I I ~ ~ ~ I~ ~ II I o m ~ I ~ fi~~T ~ ~--r~_~ -~T.-,-~_~ - - -L - I , , ~ ~ i 24,758 SF ~ p~ ~ ~ w II , , , - ~ ~ , 7. PRO; OSED AREA TO BE DISTJRBED IS 105 781 SC'.FT + - 4 ~ ~ ~ _..1 ~ .I TI~-~-~T ~ ~ ~ _ I ~ ~ i ~ (1. PC.) ~ 8. PROPOSED W R 0 K. REMGVE AND PROPERLY DISPOSE OF AL!_ I ~ t - - ~ I h-~'~~ \-~r ~1,~ TAT ~i.l ilk I ~ _ ~ '-J-,~--, I _ i ~ i ABOVE GROUND AND BELOW GROUND IMPROVEMENTS S1A I~_I- ~ ~ ~ I- I W ~ T-~ T~ - - , ~ ~ , _ ti_ ~ ' ,I { ~ y ~ _ , ~ SITE WITH GROUND COVER SPECIFIED IN SEED SPECfFiCATI I I ~ ~ I- _ , (n Ul _ 1-,- ~ - 1~:_~. ~ I I ~ ~ I 1 , ~ I , ~ - ~ r - _ _ ~ , ~C, _ ~ ~ I ~ , r I - ~ - ONS, NO MPERVIOUS COVER TO BE LEF~~ ON SOT ~ ~zc° ~ ~ , , ~ 9. EXISTING IMPERVIOUS SITE COVERAGES: 1 ~ I 1 ` ` I` ti 150' ~ O ~ ~ - EXISTING ~'-T ( ~ i I ti ti ' ~ _ ~sJ~~ ~ , BUILDINGS: 21,392 ~ I ~ N ~ Tl r'ooL I I f' - ~ Z I - ,1- - ~ ~ < , _ . ~ II "a;:~ I ~ ~ I CONCRETE BRICK DRIVES AND WALKWAY T` y ~ ~ SAND POOL.. 34 581 I~~ ~ 1 i~~ , I 24,984 SF ~ TOTAL IMPERVI ~ _ ~ w - ~ 11 _ ~ , ~ i -138 ~ T~~ _r~ ~ _ ~y ~ ~ , 1, _ ~ , L OUS COVERAGE. 55 973 SF • ;1 ~ ~ i ~ ,I , _ , . ~I, ; , I ~ , , I ~ 10. THERE ARE NO DESIGNATED 404 WETLANDS ON THIS SITE I Q ~ ~ ~ - xrsr~N~ 2 sr ~ d . _ ~ • ~ o ~ r ~ ~ , o ~ , . , I ~ - ~ ~ , FINISHED FL , -`-"-1_ ~ ~ ~ ~ ~ "T 116' ~ I ~ ' - 11. REMOVED GROUND INFRA T • S RUCTURE WIIHOU ~ NCDENR APPROVAL. ~I ~ ~ ~ I'~ I - 5080 SQ. FT. (.12 AC.) o ~ I m~ - I M' I " Z ~ ~ ~ ' o I ~ 150' ~ vv Q ~ I I I ~ o i ~ • ' ' ~ , I QZ I ~~.I II ~ I II ~ ; ~ ~ _ O ~ ~ ~ \ I I . 1 { 1 I ~ ; I; _i I ~ 1 1 111 i ~--I W Q a I I ~ Q I I l l' ~ 6, 900 SF ~ > i , ~ . , w I 1 t -.I I ~ ~ Z ~ l ~ SAW CUT CONCR t ~ I 1 ! , ~ I ~ ~ ~ ~I ~ ~ ; ~ ~ x `.I l ~ ~ i~ ~ ~ - 17,522 SF ~ ~ ~ I o E•E „ I l oz w ~ I ---J I ~ W of I , ~ ~,I , ' I o ~ , ; ~ , ~ ~ LEGEND ~ ~ ~ ~ o f I ~ , ~ w Q 138' I ~ N 1 •,I W ~ - - ~n I EXlS , lN6 1 ~ I ~ 1 ~ N I I I I N~ 1 SEPTIC -r*-- ~ o , - I I I I~ ~ ~ , I ; T_ ~ ~ _ ~ U ~ z ~ I I I ~ o I~ 5Y5 M I, o i z ( o I~ ~ I ~ ~ ¦ ~ ~ x W ~ ~ ~ ~ ~ SAND FENCE x I' H a I ~ I h I~ ~ 1 1 I ~ I I I I ~~,I I z I N, I ~ ' ~ ~ _ I' ~ , ~ x r I I L ~I~ I T~ rn~ I , I I ~ ~ I - ~I~ I n, . I A ~ F n. SILT FENCE 1 ~ I I r~ - _ 50 o I ~ r ~Ii ~ ~ I . I ~ ~ ; ~ ~ , r , _ ~ Y A ~ ~ 1 ~1~ I ~ I O I ~ ~ ~ ~ ~ ~ ~ I z I I ~ ~I 6, 900 SF ~ ~sTiN~ 2 sroR I ~ ~ ' •4;; i m I I ~ ~ o I e o I~ I~ ~ I ' ~ ~I I I~ ',li ; , ~ EXISTING IRON PIN w ~ ~ I I ~ v • I~ ~ INlSHED FLODR I ~ ~ I ; w , I I ; I , , ~ ~ I 17, 748 SF ~ I . ~ O cn ~ 138 I ~ ~ I - o ~ ~ ' ~ I ~ .i~~~ ~ STAKE ~ f+o I ~I I , a ~ ~ I ~ I . N s 70' 3~' w I ~ ~ O m I V ~ o I i ~ .m ~ W A ~ y o~ ~ W EXISTING CONCRETE ~ w I I I I ~ 2 2 . . ~ al ~I~D <.ao ~ I I Im ~ ~ 150' I 1 I ~ . ~ I I Z l .ll j W .D ~ ~ ti o i ~ I ~ o ~ D C 1 H U I Q ~ m•r~m ~ Z I ~ p I I~ I~ I ~ Z I ~~I - I . y ~I ~ ° ~ ~ ~ EXISTIN ~ Z ~I m m G ASPHALT ~ ' ~ ~ -I - I I 9,246 SF Im ~ D ~ I ~ I D~ AA p ~W ~ _/J ~ m N I 1 I I ~ rn l ~ I I I . m I ND ~ n,°Q, Q W ~ ~ I ~ ~ I~ ° U I I I~ ~ ; I ~ D A• ~ m APPR ~ x w o m ~ PMlLLIP d JAYNE GURRIE ® OXIMATE UST LOCATION ~ ~ p / I I I D ~ I ti ~ , ~I o ti -IAO ~ Z I vo ~ ; Z o ~ .138• I^ ~ • ~ I I rn - - I ^I I IQ ~ m'~~ ~ ~ ~ O - A~ I ® APPROXIMATE GREASE TRAP LOCATIO ti Z ' S 70' 30' W I I m I ~ i x o - I o ~ O . ~ w ~ ~ x 150' w ~ I w I APPROXIMATE SEPTIC TANK LOCATION ~ I o I I ~ ( ~ x I ~ Z ~ I CONCRETE IN 16 RIGHT OF WAY OUTSIDE F o~ z 0 PIROPERTY ~I ~ i BOUNDARY IS TO REMAIN FOR ACCESS TO LOT 12 & 13 PROPERTY ' ~ ~ Z GROUND INFRASTUCTURE WITHIN 145 AEC ~ g I yl ~ m 12 & 13 ~ REMOVED WITHO T z a U PERMIT FROM NCDENR p I „ N~ I ° i M d L PARTNERSH( I I P I ..Z i I I N/F ~ ~ w I ~w _ I I I - - - - 150' ~ ELL15 d EL51E IVES W z I x 138' I ~ i ~ W V \ - - - - - - - - - - - ~ S 70' 30' W - - I - - ~ - - - _ - - - - - - - - - - - - - ~ \ \ S 70' 30' W ~ I i ~ ~ I -----T._._.._.~/ ~ I- - - - - _ _ _ _ _ _ ~ ~ 33 R W I ~ I ~ ~ ~ - _ (33 R>~W~ I _ - - - ~ ~ I BEFORE YOU 0!G ~ COMMISSION N . 0 - - - - - - ~------------J P00170 ~ ~ ~ ~ CALL TOLL FREE DESIGNED BY l I - _ _ _ _ ~ ~ I I ~ I I - - - - _ - -i 1-800-632-4949 i I ~ I I I DRAWN BY I ~ I I I ~ _ DSN/BDR U ~ ~ C ~ CHECKED BY GRAPHIC SCALE ~ I { ~ I i 3D ' o ~ II I , 0 15 3D 60 ~ I 12D I I I I i ISSUE DATE i ~ J 05/16/01 i ~ (IN FEET) i I NOTE: ~ THE DATA GIVEN oN THFSF aieNC .c A«~~~~~ SHEET N0. 1 inch = 30 ft. TO BE ACCURATE, BUT THE ACCURACY IS NOT- GUARANTEED. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL LEVELS, LOCATIONS, TYPES, rrn.r tiG AND DIMENSIONS OF THE EXISTING UTILITIES RF W PRIOR TO CONSTRUCTION. IF A DISCREPANCY IS FOUND, WORK SHALL CEASE AND THE ENGINEER NOTIFIED. WORK MAY CONTINUE UPON AY DRAWING FILE: P00170BASE.DWG ~ ~ NOTICE ENGINEERS TO PROCEED. PLOT SCALE: 1=30 OF 1 SHEETS