20011562 Ver 1_COMPLETE FILE_20011022

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D.. Moffitt, Director William G. Ross Jr., Secretary
October 19, 2001
MEMORANDUM:

SUBJECT:
Applicant:
Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Marc L. Lazarus
Project Location: West side of NC 12 in Rodanthe, Dare County along Pamlico Sound
Proposed Project: Construction of a 12' wide, pile supported, vehicular bridge crossing.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 9, 2001. If you have any questions regarding the proposed project, please
contact Dennis W. Hawthorn at [phone]. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE I
1367 U.S.17 Sout?, Elizabeth City, North Carolina 27909
P Ld 252-264-39011 FAX: `252-264-37231 Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Lazarus011562
Subject: Lazarus011562
Date: Fri, 14 Dec 2001 14:13:39 -0500
From: Bob Zarzecki <bob.zarzecki @ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: "Tom Steffens (WaRO)" <[e-mail]>
CC: deborah sawyer <[e-mail]>,
Cyndi Karoly <[e-mail]>
Tom,
This project is a CAMA within the Pasquotank Basin, Pamlico Sound, SA
HQW water. However, it's just a 12' wide wooden bridge. It's due
12/21. Next week is booked for me. This looks ok to ISSUE. Agree? If
we don't hear from you guys on this by next Tuesday we'll go ahead and
ISSUE it. Thanks. See you Monday. Send comments to Cyndi. I'll be in
your office Monday and WSRO on Tuesday. COMO Mtg. Weds/Thurs.
PS...tell Deborah that I have her books and will bring them on Monday.
Bob
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
1 of 1 12/14/012:13 PN.
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DCM % DWQ %
Development Type FEE (14300 1601.4351000931625 6253) (243001602 435100095 2341
1, Private, non-commercial
development that does not involve 5250 100%(S250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:
11, Public or commercial development
that does not involve the filling or 5,400 100%($400) 0%($0)
excavation of any wetlands or open
"tater areas:
Ill. 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.
111(A). For Private, non-commercial
development, If General water Quality S250 100%(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
IIi(B): For public or commercial
development, if General water Quality $400 100%(S400) 0% (SO)
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% (S240)
40% ($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached)
5400
60% (5240)
40% (5160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more 5475 60%($285) 40% (S190)
than one acre of wetlands and/or
open water areas:
1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT n
1. APPLICANT'S NAME: Marc L. Lazarus 01 156 L
2. LOCATION OF PROJECT SITE: Dare County, the west side of NC 12, south of
Wimble Shoals S/D, along the Pamlico Sound
Photo Index - 2000: 174-2055; C-2; 1995: 175-1803; JK-7
State Plane Coordinates, X: 3049200 Y: 692200 ; will forward GPS at a later date.
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 19, 2001
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - August 28, 2001
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Waters, Coastal Shoreline, Coastal
Wetlands
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - none at this time
(F) Type of Structures: Existing - none; Planned - wooden pile supported bridge
(G) Estimated Annual Rate of Erosion: n/a
Source - Applicant
7. HABITAT IMPACT DESCRIPTION:
. [AREA]
EXCAVATED FILLED
(A) Vegetated Wetlands
(B) Public Trust Area/Estuarine
Waters/Shallow Water Habitat
96 sf. (.002 A)
354 sf. (0.008 A)
(D) Total Area Disturbed: 450 sf. (0.01 A)
(E) Primary Nursery Area: No
(F) Water Classification: SA; Open: No
8. PROJECT SUMMARY: This project involves the construction of a 12 foot wide, pile
supported, elevated vehicular bridge crossing to access an upland area adjacent to the
Pamlico Sound.
f i
Marc Lazarus, Dare County
FIELD INVESTIGATION REPORT
Page 2
PROJECT SETTING
This proposal involves a vacant 1.45-acre site located on the west side of NC 12,
south of Wimble Shoals Subdivision, adjacent to the Pamlico Sound in the village
of Rodanthe in Dare County. This site is approximately 3,000 ft northeast from the
USCG Chicacomico Historical Life Saving Station. The applicant's property is
platted and recorded as lot #2 and is jointly owned in one-half undivided interest by
Marc L. Lazarus, wife Kimberly Sue Keever and in one-half undivided interest by
Thomas K. Ashmoneit and wife, Patrica Aschmoneit. Minor Permit No. 2000-123
was issued by Dare County prior to August 1, 2000 to Marc Lazarus for the
construction of a single-family structure. A County building permit for a single-
family structure has also been issued in the name of all parties referenced above.
This property includes a 20 ft wide platted easement from NC 12 to the
front/landward portion of the tract.
The lot width is approximately 100 ft and approximately two-thirds of this lot
consists of upland area. The average lot elevation is 4.5 ft above the NWL. The
area directly adjacent to the shoreline of the Pamlico Sound includes some
estuarine beach with a small cove located along the northwest corner of the lot.
The shoreline of this beach area is vegetated approximately 10 ft landward of the
NWL with predominately Spartina patens. Some Scirpus spp. are also present
along the NWL. The referenced cove on this lot connects directly to the Pamlico
Sound and is more characteristic of a coastal creek with several `fingers' that
extend eastward. One of these `fingers' extends into lot #2 and its width ranges
between approximately 10 and 25 ft in width. The average depth of this creek on
lot #2 is several inches at NWL. The creek bottom consists of predominately muck
with little or no emergent vegetation within the creek channel. No shellfish species
were observed during the time of this field investigation; however, some small or
juvenile finfish were observed. Navigation within this creek is limited by existing
water depths. The shoreline of this `finger' is vegetated in a 2-3 ft wide coastal
wetland fringe of Juncus roemerianus, Spartina patens and Spartina alterniflora.
Portions of this fringe also include Borrichia frutescens, Myrica cerifera and
Baccharis halimifolia. This wetland fringe becomes wider as the creek extends
downstream. The upland portion of the lot is vegetated in Juniperus spp., Myrica
cerifera, and Spartina patens as well as other indigenous upland shrubs and grasses.
Some adjacent land parcels to the north are developed with single-family
structures.
The waters of this portion of the Pamlico Sound are designated by the
Environmental Management Commission as `SA' waters but are currently closed to
commercial shellfish harvests. These waters are classified as Coastal Waters by the
mare Lazarus, Mare c,ounry
FIELD INVESTIGATION REPORT
Page 3
North Carolina Marine Fisheries and Wildlife Resources Commissions. These
waters also are designated by the Coastal Resources Commission as Public Trust
Area and Estuarine Waters. Archeological sites have been identified in the vicinity
of the USCG Chicacomico Life Saving Station which is located approximately
3,000 feet away.
PROJECT DESCRIPTION
The permit applicant proposes to construct a 12-ft wide, pile supported, elevated
vehicular bridge crossing to access a 14,000 sf upland area at the southwest corner
of this lot adjacent to the Pamlico Sound. The proposed bridge site is 10 ft north of
the "southern most" property line, 20 ft downstream from the upstream creek
terminus. The creek narrows to approximately 10 ft in width just south of the
proposed bridge location. The proposed bridge structure will be 37.5 ft in length
and will be supported with seven 8-inch piles placed on 4 ft centers. This bridge,
as proposed, will provide a 4 ft clearance above the creek NWL as measured from
the proposed structure's lowest joist member. Application platwork indicates that
the proposed bridge structure will be elevated approximately 3 ft above the
adjacent wetland fringes located along the creek shoreline. The bridge will be
constructed of treated wood timbers, joists and decking and utilize HD galvanized
hardware. This application does not request the use of any shoreline stabilization
along the bridge alignment or any other associated fill for the bridge or driveway
approaches.
ANTICIPATED IMPACTS
The proposed bridge structure will result in shading of approximately 96 sf of vegetated
wetlands and will also shade 354 sf of shallow water habitat and Estuarine Waters that
directly connect to the Pamlico Sound. The proposed bridge will not limit or reduce
existing drainage or tidal flows from or into this creek. The proposed bridge will not
significantly impact Public Trust associated navigation access or coastal resources that are
known to exist in the vicinity of this project. This project proposes no fill within any
Public Trust Area or vegetated wetlands. Although this application does not propose any
upland associated fill for the bridge or driveway approaches, this development was
previously authorized as a part of CAMA Minor Permit 2000-123 issued on July 26, 2000
by Dare County.
Submitted By: Dennis W. Hawthorn
Date: October 19, 2001
APPLICATION
1. APPLICANT
a. Landowner:
(To be completed by all Applicants)
Name Marc L. Lazarus
Address 120 Helm Hill
City Washingtonville State NY
Zip 10922 Day Phone
Fax
b. Authorized Agent:
Name Gary Price
Address P.o. Box 591
City Avon, State NC
Zip 27915 Day Phone [phone]
Fax [phone]
c. Project name (if any) n/a
Note: Permit will be issued in name of landowner(s), and/or
project name
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
y
•
APR 1 0 2001
b. City, town, community or landmark
Rodanthe. NC
c. Street address or secondary road number
NC No. 12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,
and excavation and/or filling activities.
Open Pile Timber Bridge
b. Is the proposed activity maintenance of an
existing project, new work, or both? New
c. Will the project be for public, private or
commercial use Private
d. Give a brief description of purpose, use, methods
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Access to highland: private
use: heavey equipment & manual labor
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.45 acres
b. Size of individual lot(s) n/a
c. Approximate elevation of tract above MHW or
NWL 4.5'
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Indigenous upland
and coastal wetland fringe
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land classification
of the site? (consult the localland use plan)
X Conservation Transitional
Developed Community
Rural Other
How is tract zoned by local government?
Residential
i. Is the proposed project consistent with the applicable
zoning? .?(-_Yes No
(attach zoning compliancecertibcate, ifapplicable)
j. Has a professional archaeological assessment been
done for the tract? X Yes No
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? X Yes No
Coastal (marsh) X Other,
If yes, has a delineation been conducted? Yes
m. Describe existing wastewater treatment facilities.
none
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff,
sanitary wastewater, industrial/commercial affluent
"wash down" and residential discharges.)
Surface runoff
o. Describe existing drinking water supply source.
County
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 to carry out the project.
An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink
on 8 1/2" by 11" white paper. (Referto Coastal Resources
Rule 71.0203 fora 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 the applicant. (Contact
the U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is part of plat
requirements and it must be sufficiently detailed to guide
agency personnel unfamiliarwith the area to the site. Include
highway or secondary road numbers, landmarks, &the like.
A Stormwater Certification, if, 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 Malcom K. Fearing, III
Address P.O. Box 759, Manteo, NC., 27954
Phone
Name James Franklin Barr
Address 2423 Kings St., Alexandria, Va., 22301
Phone
Name
Address
Phone
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
A signed AEC hazard notice for projects in
oceanfront and inlet areas.
Environmental Policy Act (N.C.G.S. 113A- I 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
Environment 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 state of North Carolina's approved Coastal Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to 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 ZyO' day of , 2001
Print Name ?ary f r)Gz
Signature
LaadawadrerAuthor&edAgent
Please indicate attachments pertaining to your proposed project.
DCM MP-2 Excavation and fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
X DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE." PLEASE SIGN AND DATE EACH ATTACHMENT IN THE SPACE
PROVIDED AT THESW TOM OFEACH FORM
A statement of compliance with the N.C.
Forn3 GCM-MP-5
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.
1. BRIDGES
a. Public Private X
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
g. Length of proposed bridge
39,5"
h. Width of proposed bridge 12'
i. Height of proposed bridge above wetlands
3'
b. Type of bridge (construction material)
Wood %
j. Will the proposed bridge affect existing water flow?
Yes X No
If yes, explain
c. Water body to be crossed by bridge,
Unnamed Cove off Pamlico Sound
d. Water depth at the proposed crossing at MLW or
NWL 0.51
k. Navigation clearance underneath proposed bridge
4'
e. Will proposed bridge replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
f. Will proposed bridge replace an existing culvert(s)?
Yesa No X
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the MHW or WWL
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? Yes X No
If yes, explain
m. Will the proposed bridge cross wetlands containing
no navigable waters? X Yes No
If yes, explain nearl end cove with
nniy 0.51 of water depth
n. Have you contacted the U.S. Coast Guard
concerning their approval?
Yes X No
If yes, please provide record of their action.
Revised 03/95
Form DCM-MP-S
j. Will the proposed culvert affect existing navigation
2. CULVERTS N/A potential? Yes No
If yes, explain
a. Water body in which culvert is to be placed
b. Number of culverts proposed
c. Type of culvert (construction material, style)
30
EXCAVATION AND FILL N/A
a. Will the placement of the proposed bridge or culvert
require any excavation below the MHW or NWL?
d. Will proposed culvert replace an existing bridge? Yes No
Yes No If yes,
if yes, (1) Length of area to be excavated
(1) Length of existing bridge (2) Width of area to be excavated
(2) Width of existing bridge (3) Depth of area to be excavated
(3) Navigation clearance underneath existing (4) Amount of material to be excavated in cubic
bridge yards _
(4) Will all, or a part of, the existing bridge be
removed? (Explain) b. Will the placement of the proposed bridge or culvert
require any excavation within:
- Coastal Wetlands _ SAVs _ Other Wetlands
If yes,
e. Will proposed culvert replace an existing culvert? (1) Length of area to be excavated
Yes No (2) Width of area to be excavated
if yes, (3) Amount of material to be excavated in cubic
(1) Length of existing culvert yards
(2) Width of existing culvert
(3) Height of the top of the existing culvert above c. Will the placement of the proposed bridge or culvert
the MHW or NWL require any highground excavation?
(4) Will all, or a part of, the existing culvert be Yes No
removed? (Explain) If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
f. Length of proposed culvert yards
g. Width of proposed culvert
h.' Height of the top of the proposed culvert above the
MHW or NWL
i. Will the proposed culvert affect existing water flow?
Yes No
if yes, explain
d. If the placement of the bridge or culvert involves
any excavation, please complete the following:
(1) Location of the spoil disposal area
(2) Dimensions of spoil disposal area
(3) Do you claim title to the disposal area?
Yes No
If no, attach a letter granting permission from
the owner.
Revised 03/95
Form DCM-MP-S
(4) Will the disposal area be available for future b. Will the proposed project require the relocation of
maintenance? Yes No any existing utility lines? Yes x No
(5) Does the disposal area include any coastal If yes, explain in detail
wetlands (marsh), SAVs, or other wetlands?
Yes No
If yes, give dimensions if different from (2)
above. c. Will the proposed project require the construction of
(6) Does the disposal area include any area below any temporary detour structures?
the MHW or NWL? Yes No Yes X No
If yes, give dimension if different from No. 2 If yes, explain in detail
above.
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material d. Will the proposed project require any work
described in Item d. above) to be placed below channels? Yes x No
MHW or NWL? Yes No If yes, complete Form DCM-MP-2
If yes,
(1) Length of area to be filled e. How will excavated or fill material be kept on site
(2) Width of area to be filled and erosion controlled? n/a
(3) Purpose of fill
f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used
result in any fill (other than excavated material (for example, dragline, backhoe or hydraulic
described in Item d. above) to be placed within: dredge)? Bac%hoe
- Coastal Wetlands _ SAVs _ Other Wetlands
If yes,
(1) Length of area to be filled
(2) Width of area to be filled g. Will wetlands be crossed in transporting equipment
(3) Purpose of fill to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
g. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed on
highground? Yes No h. Will the placement of the proposed bridge or culvert
If yes, require any shoreline stabilization?
(1) Length of area to be filled Yes X No
(2) Width of area to be filled If yes, explain in detail
(3) Purpose of fill
Z, L 4z4oeic
4. GENERAL Applicant or Project Name
a. Will the proposed project involve any mitigation?

Yes X No Signature
/
If yes, explain in detail Date
Revised 03/95
03/20/2001 14:41 2529955580 RANKIN SURVEYING PAGE, 02
AGENT AUTHORIZATION FORM
for
CAMA PERMIT APPLICATION
I, Marc L. Lazarus the undersigned authorize. Gary Price to act as my agent to obtain a
CAMA Permit for the work as described in the attached application and plans.
Please refer all questions and correspondence to:
Gary Price
P.O. Box 591
Avon, NC, 27915
Ph. 252-995-4405
Fax [phone]
Thank You,
?I/? n Date
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