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HomeMy WebLinkAbout19991191 Ver 1_Complete File_20000801W®ttn s Tracking M * ' t Facility Name George Bingaman Project Number 99 .1191 0 Inactive Project Type purpose of bulkhead Location Pamlico Sound i ??. f County Dare County2 Region Washington NCDENR 9 '?oal North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 12, 2002 MEMORANDUM FROM: Jeff Schaffer, NC Division of Coastal Management TO: Cyndi Karoli, Division of Water Quality SUBJECT: MINOR MODIFICATION REQUEST FOR CAMA MAJOR PERMIT 16-00 GEORGE C. BINGAMAN, DARE COUNTY DWQ PROJECT NO. 991191 George C. Bingaman, by way of the attached letter has requested to modify his existing CAMA Major Permit No. 16-00. Due to the nature of the modification request, I am requesting that you please review this request by Mr. Bingaman and let me know if the 401 Certification issued on 1/21/00 must be modified for the placement of a concrete and rock breakwater in lieu of the wooden breakwater structure authorized by the original permit. Please provide your comments and/or a copy of the modified 401 Certification to me on or before August 2, 2002. If you have any questions, please feel free to call me at (919) 733-2293, extension 240, or email me at Jeff.Schaffer@ncmai1.net. 0 6 eJV1 4 poi oed F.,,, 1' II P? k.?e a10J S+V?V-c 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper i 1Jortn G=r-iir,2 Michael r Easley, Governor Ts •? NCDENR Depaa Lment 01 E:nvlronmeni Qrl_ NaWml a°s'ources Division of Coastal Management Donna D. Moffitt, Director VVIIliam G. Koss Jr, 5?~e ry ', ? TO: Doug Huggett THROUGH : Ted Sampson ?r FROM : Dennis W. Ha/ horn SUBJECT : Modification of CAMA Major Permit George C. Bingaman, Dare County DATE : June 27, 2002 ? U !N' .; ' 416-00. The permittee was issued CAMA Major Permit No. 16-00 on February 11, 2000. This permit authorized the construction of two single-family dwellings, one pier with a platform gazebo, 2 docks, a boat ramp, 723 if of bulkhead and/or retaining wall and 883 if of wood breakwater along the shoreline of the Pamlico Sound, or waters that connect to the Pamlico Sound, in Brigands Bay Subdivision, Frisco, Dare County. Much of the authorized work has already been completed. On May 20, 2002, this office received a request from Mr. George C. Bingaman to modify CAMA Major Permit # 16-00. The permittee has submitted a letter requesting this permit be modified to allow the placement of a concrete and rock breakwater along the original wooden breakwater alignment, with the exception that the rock breakwater structure shall not extend more than an average of 5 feet waterward of the NWL. According to Mr. Bingaman's revised cross-sectional drawings, depending on the escarpment elevation along the NWL, the breakwater structure will either be placed at an approximate 60-degree slope off the shoreline in a rip-rap fashion, or will be placed as a pyramidal revetment contour off the shoreline. The structure will have a 5 ft wide base and will extend an average between 6 inches and 1 ft above the NWL. The escarpment or water bottom areas will be lined with filter fabric prior to the placement of rock material. The structure will extend waterward of any existing wetland vegetation and will not include any earthen backfill material. I have no objection to the proposed modification of this permit so long as the permittee abides by the conditions of the existing permit, subject to the requested modification, and is required to have a pre- construction meeting between the permittee, their contractor(s) and a representative of the Division prior to the start of any rock or breakwater work, and the new breakwater alignment is staked within 30 days of the start of construction. Check No. 436, dated May 19, 2002 for $100 has also been submitted to cover the filing fee for this extension. A copy of the referenced CAMA Major Permit 9 16-00, Check No. 436, the revised cross-sectional drawings, and correspondence are attached. cc : Raleigh Bland, USACE, Washington, NC 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http:Acm1enr.state.nc.us An Equal Opportunity \ Affirmative Action ::mpioyer - 50% Recycle-_1 ,,,% Post consume Paper George C. Bingaman Post Office Box 113 Frisco, North Carolina 27936 Mr. Ted Simpson North Carolina Division of Coastal Management 1367 US 17S Elizabeth City, North Carolina Re: Major Permit 16-00 MAY 2 0 n COASTAL MANAGEMENT ELIZASETtH CITY May 19, 2002 Gentlemen: The purpose of this letter is to request the addition, to paragraph 24 of the above named permit, of broken concrete and stone as suitable material for construction of the breakwater. This addition would result in a stronger, more stable breakwater and would eliminate the poisonous arsenate problem associated with wood. I have installed a vinyl sheet piling bulkhead to eliminate this arsenate problem. I am enclosing pictures of the marsh taken during the northwest windstorm of this past January. The picture showing the bridge and bulkhead has a PK nail in the top plate at the arrow (elevation 5.46' above sea level). This photograph demonstrates my belief that the breakwater would provide better protection to the marsh grass if it were somewhat higher. I have calculated that it will require 120 cubic yards of broken concrete to lay a five foot wide pad up to the edge of the grass line of the marsh. To the best of my knowledge, I have met all of the conditions of the permit and will continue to require all contractors to adhere to its requirements. My check for the $100.00 permit fee is enclosed with a copy of a sketch of the cross- section of the breakwater, and a plat of the property showing the dimensions and location of the proposed breakwater. Very truly yours, George C. Bingaman NN C." ooo? SITE WED A• I "..' MAY 2 0 2.1 IA 2.0 u 42 ,5- 20 aM Y MAP (Nis) COASTAL MANAGEMENT ?? / `? ELIZABETH CITY A e A& AYE t AL AL Ak. , PAYUCO SOUND ?,? ?f rte,- ?y N ?;ti ?? aye ?f cn• AL ` 7-v 4 PAMLICO SOUND AL AL JL ?. 1 11 it I ` rove= Imo San ?.. U= oawo ws,. .? 1. ambat" sr. -VA - 7,q 1 Ak AL DIY. t 3 ,?m At. AL "t A. AL Ak AL AALL 'Ir AL AL Alk. A,. AL \ COMA 04 i vuw AL At. ? ,tYC AL \ AL L oa AA. A` \ M° C. LOT 33 A AL pan ? °" AL AL AL AL AL NM- xaM wwreo AND ¦ M APPNW0 ft AL PAMUCO "" ?yy"'C' AL . .,orno AL Cmk am pma P*-"? ? .oorow w spoo< AL AL AL AL AL AL \ •? AL. LOT 32 4 amooom \ \ •\ AL cp A` 9 LOT 34 A T. 404 UK \ ao Lo Lo &0 S! U 33 1.1 1.0 as pacralm WAY AL w 20 404 LN9 A LW CAIM LW AFKA 10 \ unAWos Aw. PAID 26017J0 ss. A\ AL W oo SO 4.0 2.2 IA 04 ' qtr '\ 4%4 A\ \ AL 2 Ir LOT 35?} / 4w a + I CMN Uc I.•: rr? CANAL / tnwac ol:aati s' : 40 oaac J02"m WA? AWA CD oao I . ,C: roaraaa VAX LOT 36, ` gtz' MICE" % ?: 46 "co c?' • • .r fit= ? ??s ?_ Vr - «- . ,. C? cv z.? c' C 5-1 'EIVE® MAY207'W COASTAL MANAGEMENT ELIZABET}i CITY 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 LL19WAA woo NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 21, 2000 Dare County DWQ Project # 991191 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. George Bingaman 295 North Dogwood Trail Kitty Hawk, North Carolina 27949 Dear Mr. Bingaman: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.02 acres of wetlands acres of wetlands or waters for the purpose of shoreline stabilization and lot development at Briganard's Bay subdivision at SR 1400 as, described in your revised application dated 23 December, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 31 12. 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 a new 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. I . Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds 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). 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. to [evens t Auachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office DWQ Regional Office John Dorney George Wood, Environmental Professionals Doug Huggett: DCM Central Files Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES A ? DIVISION OF COASTAL MANAGEMENT ?iA RCDENR February 3, 2000 JR.. JAMES B. HUNT GOVERNOR q- Mr. George C. Bingaman 295 North Dogwood Trail wAy1v'MODEYITT Kitty Hawk, North Carolina 27949 SECRETARY. Dear Mr. Bingaman: DONNA D. MOFFITT DIRECTOR By letter dated December 9, 1999, you were notified by this office that the processing of your application request under the Coastal Area Management Act (CAMA) to undertake development onsite your property in Brigands Bay Subdivision, Frisco, Dare County was placed in abeyance pending receipt of a stormwater permit issued by the North Carolina Division of Water Quality (DWQ). On January 21, 2000, this office received a copy of the stormwater permit, SW7991017, issued to you on January 20, 2000, by the DWQ. During the time the Division was waiting for the stormwater permit to be issued, additional concerns were raised by the DWQ and the federal review agencies regarding impacts to wetlands onsite your property. In each instance, you were notified by the agencies of their concerns and asked to respond. In that the rules of the Coastal Resources Commission state that "no development shall be allowed in any Area of Environmental Concern (AEC) which would result in a contravention or violation of any rules, regulations or laws of the State of North Carolina or local government in which the development takes place" (T15A:07H.0601), the Division has determined that in cases such as this, the concerns raised by the DWQ and federal agencies must be addressed, and their authorization provided prior to the issuance of a CAMA permit. Therefore, it is necessary that processing of your permit application remain in abeyance until such time as these issues are resolved, and copies of the appropriate authorizations supplied to this office. As required by T15A:07J.0204(d), during the pendency of any termination of processing. the permit processing period will not run. Upon resolution of the above items, the Division of Coastal Management will resume processing of the application at the point where it was terminated. 4-- ct I It q 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638 2728 CAPITAL BLVD., RALEIGH, NC 27604 -- PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER George C. Bingaman February 3, 2000 Page 2 If you have any questions concerning these matters, please feel free to contact me by telephone at (919) 733-2293, or email me at Jeff.Schaffer@ncmail.net. Sincerely, 9-//-A/?? Jeff Schaffer Assistant Major Permits Coordinator cc: Frank Jennings, DCM - Elizabeth City DCM - Morehead City / John Dorney, DWQ Wetland/401 Unit ? Raleigh Bland, COE - Washington Roxanne Dorman, Environmental Professionals, Inc. ENVIRONMENTAL December 23, 1999 PROFESSIONALS INC. PLANNING FOR A BETTER ENVIRONMENT NC Division of Water Quality Attn: John Dorney 1621 Mail Service Center Raleigh, NC 27669-1 62 1 Dear Mr. Dorney, This letter is with reference to DWQ Project 9991 191 George Bingaman, Dare County and in response to your letter of December 9, 1999. Environmental Professionals, Inc. (EPI) has been retained by Mr. Bingaman to design a project which would allow for construction of 3 four bedroom homes on the three lots that Mr. Bingaman owns in Brigands Bay The primary constraint of use for this property is the proximity of the joint use (area to accommodate 1,440 gallons per day of sewage) sewage disposal area to wetlands. The State Laws and Rules for sewage Treatment and Disposal Systems (G.S. Article II of Chapter 130A and T15A NCAC 18A. 1900 et. seq.) requires certain setbacks from SA waters and wetlands for every sanitary sewage treatment and disposal system and repair areas [.1950 (a)]. This project has been designed to accommodate the setbacks for the project and repair areas recognizing that there will either need to be a request for an exception to the setbacks and/or a design of a low pressure system or other alternative system to accommodate the requested flows. Because the fill in coastal wetlands cannot be justified as water dependent, the need to accommodate the filling of the narrow fringe of Section 404 wetlands becomes even more important. Indeed, our preliminary calculations suggest that without the authority to fill the coastal wetlands as proposed results in the absolute need to utilize alternative systems to accommodate flows. Although the loss of the additional sewage disposal area which will result from the removal of the request to fill coastal wetlands, E.I'I cannot justify the water dependent nature of the till. Therefor, we request favorable consideration of the request to fill Section 404 wetlands as proposed with the deletion of the coastal wetland impact identified on the attached plat as area `A'. EPI trusts that this information will be sufficient to allow issuance of the Section 401 Certification for this project. Sincerely, / //&W George H. Wood, EP cc: Mr. George Bingaman Mr. Brad Shaver NCDWQ Washington Regional Office 1424 Carolina Avenue Washington, NC 27889 P.O. BOX 3368 9 KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239 v ? Z o 5 Avon O G -` 21 1.8 20 3.2 4.2 1.3- 20 \ SITE Buxton / ?` Frisco y g H 9y o/f aros L AL R Cape Hatteras I A& AL AL AL ALL ALL PAMLICO SOUND VICINITY MAP (NTS) AL AL AL PAMLICO SOUND YL PROPOSED 290 SQ PT. AZ (? TA:TAIO AREA. ° (1.040 Aa AL ? AL I < sy ? ••• ? ED PROPOSED ? k ? A ? ? j 'Y AL A& l AL I u 42 R L AL At. \ ?\ L Ak • 99J AL AL. ALL AkL AILL AL AL P A L RrL" \ 75' ESTUARINE A` A& BUU(HEAD ?HORELINE ? AL AILL \ AL a 404 Tn CALL I' 1, LOT 33 X ' • \ AL 40 X40 FOUR BEDROOM AL AL AkL ? AL . HOUSE More Noux, BWOEAO AkL Iwo BRIDGE APPROWD RM AL PAMLICO SOUND "LwwAO GWA MINOR PERMIT Fa-047 ? TAM: ' IV BRIDGE r_ I AL \ ARIL \ AL AL AL 7X02 AL \ L AL. LOT 32 4 BEDROOM \ AL \ LOT 34 .0 0.0 a0 a0 a0 ab as SS 1.1 1.0 aD •' T" ;••' 404 UK 'AL \ ' \ i?c r rnaPOgD ?:: ? .,. BRO0'A X 10'ti 404 LINE • CALLA LINE AL LIRE . -UPLANDS 30"Wg F. AREA TO FILLED L AL L ` ao ao aB 4.o u 1.0 aB '•'• A A iYL \ \,AYL AL AkL X L• OT 35 • 4d 40' • • • •' ; 6' 40' 4 BEDROOM .' 404 Lax G1YA LINE X 40 .?•• :; CA L • sLnACE asPOSU. ? I' X Oar DOCK E=1I146 PROPOSED WOOD REPAIR AREA Co I G DUUC. 01 I 4: { z: LOT 36 O ' ,• ?' ?l NR Lk Nall; IE?A?a+EAD MX:RMDlT ?DUD>r3 ?rol e0' C l rr '9 4 t. / NETLAND AUQa[NT EXCEPT e` t.1 j Lw ott? w.4_ u%Wrwwc G AS DEPlarm ; . 1 1 , I ;? 4-v Jao So -0,ratb,A v 104> or ce, NOTES: ' ? `: y I LOT 33.34.36 TOTAL AREA - IM ACRES UtMOB - 4$703 Sf. DETMOB - 110.59Za7 Sf. LEMOTK OF BRIDGE - 34• 4 .® MG TO BE RUED .AL COASTAL IRELANDS • BASE MAP Tmm mom SEABOARD SURVETNO • PEAWAgr, NQ FOR PER anm PURPOSES ONLY-NOT FOR CONSTRUCTION GEORGE BINGAMAN SCALE: 1-m 60' LOTS 3 3, 3 4, 3 5 DATE: 8/26/99 AMA MAJOR PERMIT APPLICATION JOB NUMBER: 98-149 DRAWN BY. RW DARE COUNTY NORTH CAROLINA REVIEWED: CW ENVIRONMENTAL PROFESSIONALS, IN,C PLANNING FOR A BETTER ENVIRONMENT P.O. BOX 3368 KILL DEVIL HILLS, N.C. 27948 PHONE (919) 441 0239 FAX (919) 441 0721 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 1 Ll"?WAJ • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 9, 1999 DWQ Project #: 991191 Dare County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. George Bingaman 295 North Dogwood Trail Kitty Hawk, North Carolina 27949 Dear Mr. Bingaman: The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.06 acres of streams and/or wetlands located at the end of Buccaneer Drive (SR 1400), Brigand's Bay subdivision in Frisco Village in Dare County for shpreline stabilization and lot development. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you provide written documentation from the county health Department that fill on the eastern part of the lot is needed for septic tank set back while fill is not needed on the north side of the lot? Also, please explain why fill of CAMA wetlands is needed and whether this fill is water dependant. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within three weeks of the date of this letter by sending a copy of this information to me and one copy to Brad Shaver at the Washington Regional Office at 1424 Carolina Avenue, Washington, NC (252) 949-6481. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions. re m ey cc: Washington DWQ Regional Office Wilmington Office Corps of Engineers Central Files File Copy Washington Field Office Corps of Engineers Doug Huggett; DCM George Wood; Environmental Professionals Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper t It x ?. JAMES EI. HUNT GOVERNOR r, ,t NAYNH MCDEVI, -``,•SECRETARY F 1 } • rk:t?' FBI-', c NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL I 6E ENT % October 25, 1999 0 pG? 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: George C. Bingaman Project Location: End of Buccaneer Drive, SR 1400, Brigand's Bay Subdivision, Frisco Village, Dare County, man-made canal, Pamlico Sound Proposed Project: To construct 2 single family dwellings, 1 pier with a gazebo, 2 docks, a boatramp, 723 feet of bulkhead, 883 feet of breakwater structures and to fill 1,250 square feet of wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 15, 1999. If you have any questions regarding the proposed project, please contact Frank Jennings 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 zI Ia 0 ELIZABETH CITY OFFICE 1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909 PHONE 252-264-3901 FAX 252-264-3723 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10 J(i POST-CONSUMER PAPER .fir' i,:.??.7-w.' ?".i+?dru?,yS7?L MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WQ Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name George Bingaman County Dare Project Number 99 1191 County2 Recvd From DCM Region Washington Received Date 10/28/99 Recvd By Region 10/26/99 Project Type bulkhead Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ME Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA??- O YO N ?29-(40.5) SA ?F^- 30,307. ?- ?- ? r- r? ?_I-^ ^ D Y _0N ? Ir F-I -F- F- I ? I- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y QQ N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: The region as concerns with the wetland fill proposed on the east portion of the property. According to the appljca ion, the fill is necessary for set back for the on-site sewage disposal system. However. after looking, at the site map the wetland marsh to the north is approximately the same distance as the wetland desired to he filled to the east- The marsh to the north is not being filled to meet sewago_ disposal set hacks so why should the marsh to the east he any different- The region feels that the applicant needs to prove through a local Health Department letter that the fill on the east side of the property is necessaW or the project completion, cc: Regional Office Central Office Page Number 1 ,.f -Facility Name George Bingaman County Dare ..Project Number 99 1191 Regional Contact: Brad Shaver Date: Zomments (continued from page 1): r- .r- =c: Regional Office Page Number 2 ?- Central Office MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WO Supervisor: Bager Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name George Bingaman Project Number 99 1191 Recvd' From DCM Received Date 10/28/99 Project Type bulkhead Recvd By Region 10/26/99 County Dare County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ME Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA F_ P Y @N 29 (40.5) SA F 30,307. r- O Y ON F_- F_F-F_r- F- h- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more Info? (NY ON Have Project Changes/Conditions Been Discussed With Applicant? Q Y * N Is Mitigation required? Q Y * N Recommendation: Q Issue 0, Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: The refJon has concerns with the wetland fill proposed on the east portion of the prosy. According to the applies, the fill is necessary for set back for the on-site sewage disposal system. However. after looking at the site man the wetland marsh to the north is approximately the same distance as the wetland desired to be filled to the east. The marsh to the north is not being filled to meet sewage disposal set backs so why should the marsh to the east be any different. The region feels that the applicant needs to prove through a local Health Department letter that the foil on the east side of the property is necessary for the project completion. This offi has been in contact with the .AMA offi .er assigned to the project and he has informed this office that CAMA will only allow fill behind the CAMA Me. This region recommends that the fill line be pushed behind the 404 line unless the applicant can provide proof necessitating the pro op sed fill. This should be the condition of issuance. Submitted 12/6/99. cc: Regional Office Central Office Page Number 1 Facility Name George Bingaman County Dire -froject Number 99 1191 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 APPLICANT'S NAME: George C. Bingaman 2. LOCATION OF PROJECT SITE: End of Buccaneer Dr., SR 1400, Brigand's Bay Subdivision, Frisco Village, Dare County, man-made canal, Pamlico Sound Photo Index - 1995: 172-1763 (I,J-3,4) 1989: 5199-7 (J,K-8,9) 1984: 145-390 (C,D-10,11) 1978: 90-1369 (0,P-12,13) Buxton Quad (LL) State Plane Coordinates - X: 3017550 Y: 568900 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/01/99 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - September 30, 1999 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES, CW Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - residential septic system 9911 91 (F) Type of Structures: Existing - None Planned - 2 SFD houses, 3 piers, gazebo, boatramp, bulkhead, breakwater (G) Estimated Annual Rate of Erosion: 2-5' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DRFDGF.T) I FTT.T .FT) OTUFR (A) Vegetated Wetlands CW 750 sq ft1500 sq ft-404' t 404 450 sq ft SHADED CW, 404 225 sq ft bulkhead 70 s ft boatram (B) Non-Vegetated Wetlands 130 sq ft boatramp 320 sq ft SHADED PTA, EW 900 s ft breakwater 480 s ft SHADED © Other 14,000 sq ft backfill Upland (D) Total Area Disturbed: 15,575 square feet (.358 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct 2 single family dwellings, 1 pier with a gazebo, 2 docks, a boatramp, 723 feet of bulkhead, 883 feet of breakwater structures and to fill 1,250 square feet of wetlands. George C. Bingaman Bio Report Page Two Site Description The development site is located at the end of Buccaneer Drive (SR 1400) in Brigand's Bay subdivision, in the village of Frisco, Hatteras Island, Dare County and adjacent to a man-made canal and the Pamlico Sound. The property consists of 3 platted lots with a total area of 2.83 acres. Approximately 1/3 of the property is a sandy soil type upland that is vegetated with native grasses and shrubs. Approximately 2/3 of the property is a Coastal Wetland marsh vegetated with Juncus roemerianus, Spartina patens with a fringe of Spartina alterniflora along the shoreline. Most of the upland area is located adjacent to the man-made canal and is accessible from Buccaneer Drive by a gravel driveway. An isolated .106 acre portion of upland area is located almost in the center of the marsh. CAMA Minor Permit #99-047 was issued to the applicant for the construction of a single family dwelling, retaining wall around the upland section and an elevated driveway over the marsh to provide access to the dwelling. No work has started at this time. The waters of the Pamlico Sound in this area are classified as SA by the Division of Environmental Management and are open to shellfishing. Development Proposal The applicant proposes to construct two single family dwellings, one pier with a gazebo, two docks, a boat ramp, 723 feet of bulkhead, 883 feet of breakwater structures and to fill 1,250 square feet of wetlands. The single family dwellings are to be sited on separate lots and will utilize a single area for a septic drainfield to be located in the center of the upland area. The proposed dwelling closer to the canal will have a 40'x 40' impervious footprint. The proposed dwelling closer to the Pamlico Sound will have a 40'x 50' impervious footprint. A 6 foot wide, 95 foot long walkway/pier with a 200 square foot gazebo over the Pamlico Sound is proposed for the single family dwelling previously permitted. The walkway will span approximately 75 feet of marsh before reaching the shoreline at normal water level. The 6 foot long, 40 foot wide docks are proposed along the canal to provide access for each of the proposed dwellings. The existing water depth in the canal at the sites is approximately -4 feet. A 10 foot wide, 20 foot long concrete boatramp is proposed to access the sound. A 723 foot long bulkhead/retaining wall is proposed for the upland potion of the property. The bulkhead will join an existing bulkhead on the adjacent lot to the south and will follow the shoreline of the canal for approximately 225 feet. The bulkhead will turn north for approximately 150 feet along the Pamlico Sound shoreline and will be located landward of any wetlands. The bulkhead will turn east for the remaining distance of approximately 348 feet and will follow the wetland line except for an area of 1,250 square feet of wetlands that include 750 square feet of Coastal Wetlands. This area is located approximately 80 feet west r of Buccaneer Drive and is proposed to be filled in order to provide separation for the proposed septic field and the marsh. The applicant also proposes to construct 883 feet of breakwater structures to be placed along the marsh shoreline to prevent further undercutting of the marsh substrate. Anticipated Impacts The construction of the two single family dwellings will result in Estuarine Shoreline impervious surface coverage of approximately 7.3% and 9.4% on the respective lots. The walkway/pier and gazebo will shade 450 square feet of Coastal Wetlands and 320 square feet of Public Trust Area and Estuarine Waters in the Pamlico Sound. The two docks will shade 480 square feet of Public Trust Area and Estuarine Waters in the canal and will provide mooring for two vessels. The proposed 10'x 20' concrete boatramp will result in approximately 130 square feet of concrete placed in the Public Trust Area and Estuarine Waters and 70 square feet of concrete placed over a Coastal Wetland fringe. The proposed bulkhead placement will result in the loss of approximately 225 square feet of fringed Coastal Wetlands along the canal shoreline. The proposed filling of wetlands will result in a loss of 750 square feet of Coastal Wetlands and 500 square feet of Section 404 wetlands. The placement of the breakwater structure will result in approximately 900 square feet of Public Trust Area and Estaurine Waters being filled by the structure and should curtail shoreline erosion in that area. Temporary water turbidity will occur during construction. Approximately 14,000 square feet of upland disturbance will occur by the placement of the bulkhead/retaining wall and associated backfill Submitted by: Frank A. Jennings, III Date: October 20, 1999 George C. Bingaman 295 North Dogwood Trail Kitty Hawk, NC 27949 George C. Bingaman authorizes Environmental Professionals, Inc. to pursue development permits for construction and improvements including three four bedroom single family residences, sewage disposal systems, three piers and a gazebo, a boat ramp, wooden bulkhead and breakwater at Brigands Bay, Frisco. Authorization Date' Form: DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Frisco Brigands Bay 1. APPLICANT a. Landowner: c. Street address or secondary road number Buccaneer Drive $ 8 1 10D Name George C. Bingaman Address 295 North Dogwood Trail City Kitty Hawk State NC Zip 27949 Day Phone Fax b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC 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. Construction of three four bedroom single family residences, sewage disposal systems, three piers and a gazebo, a boat ramp, wooden bulkhead and breakwater. Zip 27948 Day Phone (252) 441-0239 Fax (252) 441-0721 b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Project name (if any) Bingaman - Brigands Bay 98-149 NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare 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. The purpose of the proposed construction is to prepare and improve lots 33. 34, & 35 for construct- ing single family residential homes and to allow access to the canal utilizing piers (gazebo) and a boat ramp. Improvements also include a wooden bridge wooden bulkheading and breakwater. (See Project Narrative) Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.83 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 2'- 3' d. Soil type(s) and texture(s) of tract Psamments sand and Carteret sand e. Vegetation on tract Quercus virginiana, Smilax bona-nox, Ilex vomitoria, Spartina patens, Juncus roemeranus f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site'? (Consult the local land use plan.) Conservation X Transitional X Developed _ Community Rural Other h. How is the tract zoned by local government? Residential S-1 Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes X 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 404 wetlands If yes, has a delineation been conducted? yes (Attach documentation, if available) 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 effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. None 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 1/2" by I V 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. Revised 03/95 ., Form DCM-MP-1 •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 Albemarle Asphalt Inc. Address Rt 4 Box 273 Phone Hertford, NC 27944 Name Neil Flitell Address 9302 Ewing Drive Phone Bethesda, MD 20817 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. CAMA Minor Permit # 99-047 issued 6-4-99 to George C. Bingaman • 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 4+ day of ? , 1999. Print Name George C. Bineaman SignatureC l/Te-' Q?L"L- Landowner orAuthorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form ACM -MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Wi.Irh n. 4h 11" +h Access channel (MLW) (NWT.) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Length ...,,... ...,,... o N/A ----- ------ N/A -------- N/A ------ ------ ----- 20' 10' ------- N/A ------ ------- ------- N/A ------- ------- ------- N/A -------- ------- ------- 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? Yes No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No N/A If yes, where? Revised 03/95 I Form DCM-MP-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? N/A Yes No f. Does the disposal include any area in the water? Yes No N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 723 feet c. Average distance waterward of MHW or NWL Less than 1' d. Maximum distance waterward of MHW or NWL 5' e. Shoreline erosion during preceding 12 months 2' - 5' (Source of applicant information) f. Type of bulkhead or riprap material Wooden bulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead fill 25 cubic yards h. Type of fill material suitable sand I. Source of fill material commercial 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If Yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area 1,250 sq. ft. (3) Purpose of fill To allow adequate set back for sewage disposal system b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No 5. GENERAL a. How will excavated fill material be kept on site And erosion controlled? N/A b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, hydraulic pump c. Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Georee C. Bineaman Applicant or Project Name 94 air--n.<- i G4IA'V? Signature 9- L? -c9 Date 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 3 residential homes b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 1 per .93 acres d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 42,000 sq. ft. 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 Yes No Resources? If Yes, date submitted N/A f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. Gravel and concrete 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. <3% 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'? X Yes No If yes, date submitted 64-99 i. Describe proposed method of sewage disposal. Onsite ground absorption Have the facilities described in Item i. above received state or local approval? No (Attach •ppropnate 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). None 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) county m. Will water be impounded? If yes, how many acres? N/A Yes X No n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A George C. Bingaman A plicant or Project Name-, Signatuje Q p Date Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, c. Mooring buoys N/A Form DCM-MP-1. Be sure to complete all other sections of the (1) Commercial _ Private - Community Joint Application which relate to this proposed project. (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc. a. Dock(s) and/or Pier(s) (1) Commercial Private X Community(2) Number 3 (3) Length (2) 40' & (1) 95' (4) Width 6' (5) Finger Yes No X Piers (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes No (i) Number 1 (ii) Length 14.15 (iii) Width 14.15 (7) Number of slips proposed 2 (8) Proximity of structure to adjacent riparian property lines > 15' minimum (9) Width of water body 50' minimum (10) Water depth at water-ward end of pier at MLW or NWL 2' - 4' b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) (1) Number N/A (2) Length d. Breakwater (e.g. wood, sheetpile, etc.) _ (1) Length 883' (2) Average distance from MHW, NWL, or wetlands 10' (3) Maximum distance beyond MHW, NWL or wetlands 15' (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) Commercial Community Priva (2) Number (3) Length (4) Width g. Other (Give complete description) George C. Bingaman Applicant of Project Name Signature Q -4-99 Date Revised 03/95 V I ? z p S Avon O G 2.1 I.B 2.0 5.2 4.2 1.5 LO \ SI TE Buxton / 4 sqt,? Frisco y Y BR oy r AIL JIL I R Cape Hatteras AL AL AL AL AL / PAMUCO SOUND VICINITY MAP (NTS) /? AL AL PAMUCO SOUND PROPOSE) 200 Sa ". wETLANO ATG `DES -\ y AL AL e0,e62e7 -) (1.6w Ac) ,llll PROPOSED AL k` C PIER X14 AL AL / AIL 1J u m m a .l 1. AL HILL \ n `? ,1h1 AL AL AL ,111E IL ? AL ? AI L UPLN AKIV 75' ESTUARINE N luxNEAO -----SHORELINE ` Alk _ AL r11 rA "ME ?-,, R LOT 33 \ - / j0.10e AC.? AL ? 4dx4o• \ FOUR BEDROOM All, Alk 11)4 IIOl15E NOTE. HOUSE, BUMIM AND N A APPROtED BY. AL PAMUCO SOUND CA \\ ? /rNar osEnBLAxfEAO cAUA leNaWOR PFmeT 10e-047 Ak, TAN( PROPOSED lO Skloa _ C? X14 ilk \ AIL Alk WTV AL \ \ AL rYl LOT 3s 4 BEDROOM AL Ip LOT 34 I.0 zB &0 e.0 e.o to e.o 3.5 05 15 1.1 1.0 0.0 404114 \ \ \ \'? illl PROPOSED BOA 10•X20• ^- 404 111E r - - \ ' \ CAYA 111E CAW UNE AREA \ y-` RANDS AFEAu. P E FILLED \ \ +II.. AC)L AL e.0 &0 5.5 4.0 22 1.0 0.e ?,Iw??•qv??\..._ - __- - ? \ \ ANN .2r LOT 35 40 . 40' e• y 4 BEBRO011 . ', 404 UNE • M 44 . CANA LM I I CANAL /I xwAUE txsf•osu I e• x 40. 00(X yO 0Tw 0 NEYNR ANEA PRUPO%D 811111. - ' LOT 38 I UU NORL UUx/EAO AIMIWWI fUlltMS I OE?E 1EYAND AlN7YUlf "[IVY EJ, AS OEM RD I X11 NOTES. LOT 34A30 TOTAL AREA - 2.83 AWES ITCHM) IIPIAIOS - 42.703 S.F. Ii .lNo9 - Bo,5e2B7 S.F. TN aE BRDOE - 34• AREA TD BE FILLED J E P 3 ??-- -- -------- AL COASTAL WILAIDS ENVIRONMENTAL UK NAP TAKEN FROM SEABOARD SURWY 10 • PIANNq W- --- FOR-PENeTMO H.BMfS "`"-MT FOR CONSTRU`D°" - ----- --- PROFESSIONALS I N C GEORGE BINGAMAN SCALE: 1"- 60' PLANNING FOR A BETTER DA IF: 8/26/99 f_NVIRONMEN I LOTS 33, 34 35 _- _..__.___ ,IOB NUMBER: 98--149 P.O. BOX 5368 CAMA MAJOR PERMIT APPLICATION - --- --- - -- KILL DEVIL HILLS, N.C. 2948 DRAWN BY: RW PHONE (919) 441 0239 FRISCO DARE COUNTY NORM CAROL INA litVII-YA D: CW FAX (919) 441 0721 r PROPOSED BI W EAD FlMSHED GRADE I I / / AREA TO BE FLL D T ?- DOSTINO GRADE t' y REOURED """T 1R: BACK AS PROPOSED txAxNEAo BULKHEAD DETAIL TYPICAL CROSS SECTION SINGLE FAMILY RESIDENCE (ELEVATED ABOVE BFE) N.T.S. DR ABOVE BFE (BFE=7') GROUND LEVEL_ MATER UK A ?R ar •. d• ''. + . •. tC 20' BOAT RAMP DETAIL N.T.S. AREA TO BE 8. FILLED OR UNDISTURBED AREA DISTURBED FABRIC MFi EXISTING GRADE SILT FENCE DETAIL N TS f--- 6' -{ 6" ABOVE WETLANDS BREAKWATER DETAII ?( (\FI11rn N.T.S. 8F1' 3 0 11)??'? GEORGE BINGAMAN SCAIE: N.T.S JOB ATE: DETAIL MAPS D NUMBER: 982149 CAMA MAJOR PERMIT APPLICATION DRAWN BY. RW FRISCO DARE COUNTY NORTH CAROLINA REVIEWED: CW ENVIRONMENTAL PROFESSIONALS INC. PLANNING FOR A BETTER ENVIRONMENT P.O. BOX 3368 KILL DEVIL HILLS, N.C. 27948 PHONE (919) 441 0239 FAX (919) 441 0721 -if I r PIER DETAIL (N. T. S.) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: George C. Bingaman 2. LOCATION OF PROJECT SITE: End of Buccaneer Dr., SR 1400, kigz,'s Bay S&ivision, Frisco Village, Dare County, man-made canal, Pamlico Sound NFf, Photo Index - 1995: 172-1763 (I,J-3,4) 1989: 5199-7 (J,K-8,9) 1984: 145-390 (C,D-10,11) 1978: 90-1369 (0,P-12,13) Buxton Quad (LL) State Plane Coordinates - X: 3017550 Y: 568900 3. INVESTIGATION TYPE: CAMA/D&F 101 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/01/99 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - September 30, 1999 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES, CW ° Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - residential septic system (F) Type of Structures: Existing - None Planned - 2 SFD houses, 3 piers, gazebo, boatramp, bulkhead. breakwater (G) Estimated Annual Rate of Erosion: 2-5' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DRFT) TFD FTT T FT) nTUUu (A) Vegetated Wetlands CW 750 sq ft1500 sq ft 404 450 sq ft SHADED CW, 404 225 sq ft bulkhead 70 s ft boatram (B) Non-Vegetated Wetlands 130 sq ft boatramp 320 sq ft SHADED PTA, 13W 900 s ft breakwater 480 s ft SHADED ° Other 14,000 sq ft backfill lJpland_ 11 (D) Total Area Disturbed: 15,575 square feet (.358 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct 2 single family dwellings, 1 pier with a gazebo, 2 docks, a boatramp, 723 feet of bulkhead, 883 feet of breakwater structures and to fill 1,250 square fect of wetlands. George C. Bingaman Bio Report Page Two Site Description The development site is located at the end of Buccaneer Drive (SR 1400) in Brigand's Bay subdivision, in the village of Frisco, Hatteras Island, Dare County and adjacent to a man-made canal and the Pamlico Sound. The property consists of 3 platted lots with a total area of 2.83 acres. Approximately 1/3 of the property is a sandy soil type upland that is vegetated with native grasses and shrubs. Approximately 2/3 of the property is a Coastal Wetland marsh vegetated with Juncus roemerianus, Spartina patens with a fringe of Spartina alterniflora along the shoreline. Most of the upland area is located adjacent to the man-made canal and is accessible from Buccaneer Drive by a gravel driveway. An isolated .106 acre portion of upland area is located almost in the center of the marsh. CAMA Minor Permit #99-047 was issued to the applicant for the construction of a single family dwelling, retaining wall around the upland section and an elevated driveway over the marsh to provide access to the dwelling. No work has started at this time. The waters of the Pamlico Sound in this area are classified as SA by the Division of Environmental Management and are open to shellfishing. Development Proposal The applicant proposes to construct two single family dwellings, one pier with a gazebo, two docks, a boat ramp, 723 feet of bulkhead, 883 feet of breakwater structures and to fill 1,250 square feet of wetlands. The single family dwellings are to be sited on separate lots and will utilize a single area for a septic drainfield to be located in the center of the upland area. The proposed dwelling closer to the canal will have a 40'x 40' impervious footprint. The proposed dwelling closer to the Pamlico Sound will have a 40'x 50' impervious footprint. A 6 foot wide, 95 foot long walkway/pier with a 200 square foot gazebo over the Pamlico Sound is proposed for the single family dwelling previously permitted. The walkway will span approximately 75 feet of marsh before reaching the shoreline at normal water level. The 6 foot long, 40 foot wide docks are proposed along the canal to provide access for each of the proposed dwellings. The existing water depth in the canal at the sites is approximately -4 feet. A 10 foot wide, 20 foot long concrete boatramp is proposed to access the sound. A 723 foot long bulkhead/retaining wall is proposed for the upland potion of the property. The bulkhead will join an existing bulkhead on the adjacent lot to the south and will follow the shoreline of the canal for approximately 225 feet. The bulkhead will turn north for approximately 150 feet along the Pamlico Sound shoreline and will be located landward of any wetlands. The bulkhead will turn east for the remaining distance of approximately 348 feet and will follow the wetland line except for an area of 1,250 square feet of wetlands that include 750 square feet of Coastal Wetlands. This area is located approximately 80 feet west of Buccaneer Drive and is proposed to be filled in order to provide separation for the proposed septic field and the marsh. The applicant also proposes to construct 883 feet of breakwater structures to be placed along the marsh shoreline to prevent further undercutting of the marsh substrate. Anticipated Impacts The construction of the two single family dwellings will result in Estuarine Shoreline impervious surface coverage of approximately 7.3% and 9.4% on the respective lots. The walkway/pier and gazebo will shade 450 square feet of Coastal Wetlands and 320 square feet of Public Trust Area and Estuarine Waters in the Pamlico Sound. The two docks will shade 480 square feet of Public Trust Area and Estuarine Waters in the canal and will provide mooring for two vessels. The proposed 10' x 20' concrete boatramp will result in approximately 130 square feet of concrete placed in the Public Trust Area and Estuarine Waters and 70 square feet of concrete placed over a Coastal Wetland fringe. The proposed bulkhead placement will result in the loss of approximately 225 square feet of fringed Coastal Wetlands along the canal shoreline. The proposed filling of wetlands will result in a loss of 750 square feet of Coastal Wetlands and 500 square feet of Section 404 wetlands. The placement of the breakwater structure will result in approximately 900 square feet of Public Trust Area and Estaurine Waters being filled by the structure and should curtail shoreline erosion in that area. Temporary water turbidity will occur during construction. Approximately 14,000 square feet of upland disturbance will occur by the placement of the bulkhead/retaining wall and associated backfill Submitted by: Frank A. Jennings, III Date: October 20, 1999 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Frisco Brigands Bay 1. APPLICANT a. Landowner: c. Street address or secondary road number Buccaneer Drive 3R 1 `f o D Name George C. Bingaman Address 295 North Dogwood Trail City Kitty Hawk State NC Zip 27949 Day Phone Fax b. Authorized Agent: Name Environmental Professionals. Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone (252) 441-0239 Fax (,252) 441-0721 c. Project name (if any) Bingaman - Brigands Bay 98-149 NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare 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. Construction of three four bedroom single familv residences. sewage disposal svstems. three piers and a gazebo, a boat ramp. wooden bulkhead and breakwater. b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be for public, private or commercial use? private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of the proposed construction is to prepare and improve lots 33. 34, & 35 for construct- ing single family residential homes and to allow access to the canal utilizing piers (gazebo) and a boat ramp. Improvements also include a wooden bridge wooden bulkheading and breakwater. (See Project Narrative) Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.83 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 21-3) d. Soil type(s) and texture(s) of tract Psamments sand and Carteret sand e. Vegetation on tract Quercus vireiniana. Smilax bona-nox. Ilex vomitoria. Spartina patens. Juncus roemeranus f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation X Transitional X Developed _ Community Rural Other h. How is the tract zoned by local government? Residential S-1 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other 404 wetlands If yes, has a delineation been conducted? yes (Attach documentation, ifavailable) m. Describe existing wastewater treatment facilities. None r 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.) None o. Describe existing drinking water supply source. None 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 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 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. Revised 03/95 Form DCM-MP-1 •A Stormwater Certification, if one is necessary. SA 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 Albemarle Asphalt Inc. Address Rt 4, Box 273 Phone Hertford. NC 27944 Name Neil Flitell Address 9302 Ewing Drive Phone Bethesda, MD 20817 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. CAMA Minor Permit # 99-047 issued 6-4-99 to George C. Bineaman • 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 4+11 day of % , 1999 Print Name George C. Bineaman Signature (? - QO"Wuvt- Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM -MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. 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 Width npnth n-th Access channel' (MLW) (NWT.) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) _... __, ... ?_, . Length o N/A ----- ------ ---- N/A --- ---- N/A ----- ---- ------ 20' 10' ---- ---- N/A ----- ---- ----- N/A ----- ----- ----- N/A ----- ---- ------ 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? Yes No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No N/A If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? N/A Yes No f. Does the disposal include any area in the water? Yes No N/A X Yes No If Yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area 1,250 sq. ft. (3) Purpose of fill To allow adequate set back for sewage disposals stem 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 723 feet c. Average distance water-ward of MHW or NWL Less than 1' d. Maximum distance waterward of MEW or NWL 5' e. Shoreline erosion during preceding 12 months 2' -59 (Source of applicant information) f. Type of bulkhead or riprap material Wooden bulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead fill 25 cubic yards h. Type of fill material suitable sand 1. Source of fill material commercial 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No 5. GENERAL a. How will excavated fill material be kept on site And erosion controlled? N/A b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, hydraulic pump c George C. Bineaman Applicant or Project Name pl/y?-t mac, 2) Signatures l` Lt--119 Date Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. 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 3 residential homes b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 1 per .93 acres d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 42.000 sq. ft. 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 Yes No Resources? If Yes, date submitted N/A f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for'paved surfaces. Gravel and concrete 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 toy be used for vehicular driveways or parking. <3% 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? X Yes No If yes, date submitted 6-4-99 i. Describe proposed method of sewage disposal. Onsite ground absorption Have the facilities described in Item i. above received state or local approval? No (Anacb appropriate doaum union( 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). None 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) countv m. Will water be impounded? _ If yes, how many acres? N/A Yes X No n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A George C. Bingaman Applicant or Project Na Signatu?je -l' 4-Q LpI Date Form DCM-MP-4 STRUCTURES' (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A Form DCM-MP-1. Be sure to complete all other sections of the (1) Commercial - Private - Community Joint Application which relate to this proposed project. (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc. a. Dock(s) and/or Pier(s) (1) Commercial Private X Community(2) Number 3 (3) Length (2) 40' & (1 95' (4) Width 6' (5) Finger Yes No X Piers (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes No (i) Number 1 (ii) Length 14.15 (iii) Width 14.15 (7) Number of slips proposed 2 (8) Proximity of structure to adjacent riparian property lines > 15' minimum (9) Width of water body 50' minimum (10) Water depth at waterward end of pier at MLW or NWL 2' - 4' b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) (1) Number N/A (2) Length d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length 883' (2) Average distance from MHW, NWL, or wetlands 10' (3) Maximum distance beyond MHW, NWL or wetlands 15' Revised 03/95 (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) Commercial Community Priv (2) Number (3) Length (4) Width g. Other (Give complete description) George C. Bingaman Applicant of Project Name (? LLB (;). Signature / I-9q Q-4 I Date RECEIVED Avon ' NOV 0 2 1999 t-10ASTAL MANAGEMENT ti 12 2.1 I.e 70 5.7 4 7 1 5 10 \ 4 Q SI 117 BUXIOII, / S4*0 Frisco 1 Y °fferQS '_ _? AL AL ? Cape Hatteras I 12 a ? L>n PAMLICO SOUND VICINITY MAP (NTS) l IL PAM[ ICO SOUIJD Iy, \ PROPOSED Too SO. FT. 1GAZEBO NEILAND AREAL X \ AIL 80,562. .84997 sr. iW < S ,I y ?? i I+Krow II1L ihL ?j O? 95' x e• TIER AL ` tl1L AL ,y? n iIIL ??6 IA 2.3 ao as u .I I. AL AL \ IL AL & iL AL AL AL AL ., & \ ?^",;,& 75' ESTUARINE AL \ BUUOEAD SHORELINE AL AL AILL 4404 O K V-`uoA ` LOT 33 iY( \ ____-410.6M108 AC.) iL _ 10'X10• AL FOUR BEDROOM AL AIL \ HOUSE AL NOTE: HOUSE, allUGEAD AND BRIDGE APPROVED BY. IL PAMLICO SOU) AL /-PROPOSED ODUO,EAD CAMA MINOR POW X047 \\ AL TMK to, BRVGE 110 JlkL \ \ \ AL AL AL \ \ LOT 3 4 BEDROOM AL LOT 34 f \ \ AL 1.0 za SO 11.0 11.0 5-0 0.0 515 5L5 15 1.1 1.0 0.5 104 LINE \ PROPOSED AIIL l(r AL 404 URE k CAW LIE CANA UNE \ \ y\ AREA AREA FILED \ i4L \ e.0 0:0 5.5 1.0 22 1.0 as AkL \ `\ `\ IYL AL a 2.r ' w \ LOT 35 / 4(f . 40' ? I 6' X 40' DOCK 4 BED- PROPOSED 404 LINE k ` x Ur . CANA LTNE VARE fTTLCE _..4: :. CANAL SEWAGE pSPbSAL e• X Id DOG( Do"NO REPAIR AREA I ? PROPOSED wow I c:: BULK. I 0 LOT 36 1 z: NOTE B(RMEM ALK)N ENT FOLLOWS I z m' IEfLAND AUONMENT EXCEPT AS UFPICTED 1?. 0 RECEIVED NOTES: LOT 3%34,35 TOTAL AREA - 2.113 ACRES UPLMM - 42.703 BF. MERANDS - BOWI97 SF. LENGTH OF =DGE - 34' . ® MCA TO BE F1 1E0 AL CDARTAL METLM 03 • BASE MAP TAIOEN FROM SEABOAHO SI.RVERII(. k PLMNM "6 FOR POOeTT"0 PURPOSES OILY-NOT FOR OONSTRIXDI/1 GEORGE BINGAMAN SCALE: 1•= 60' LOTS 33 34 35 DATE: 8/26/9 ) ) JOB NUMBER: 98-149 CAMA MAJOR PERMIT APPLICATION DRAWN BY: RW FRISCO DARE COUNTY NORTH CAROLINA REVIEWED: GW ENVIRONMENTAL PROFESSIONALS IN, PLANNING FOR A BETTER ENVIRONMENT P.O. BOX 3368 KILL DEVIL HILLS, N.C. 27948 PHONE (919) 441 0239 FAX (919) 441 0721 I -I PROPOSED BUL)OWAD FINISHED GRADE I I AREA TO BE FINED T _STING GRADE t' y 71q ME BACK AS REQUIRED R'ROPOSI:D R7uuc7tEAo BULKHEAD DETAIL TYPICAL CROSS SECTION SINGLE FAMILY RESIDENCE (ELEVATED ABOVE BFE) N.T.S. DR ABOVE BFE (BFE=7') GROUND LEVEL LINE 10. 20 BOAT RAMP DETAIL N.T.S. AREA TO BE r_8'? FILLED OR UNDISTURBED AREA DISTURBED FABRIC Mji EXISTING GRADE SILT FENCE DETAIL N TS ?-?--- 6' ----? 6" ABOVE WETLANDS BREAKWATER DETAIL ??"(?FI':?Fn N.T.S. SHI 3 0 11J9'? ENVIRONMENTAL PROFESSIONALS INC. GEORGE BINGAMAN SCALE: N.T.S PLANNING FOR A BETTER DETAIL MAPS DATE: 9/2/99 ENVIRONMENT JOB NUMBER: 98-149 3368 N.C. 27948 CAMA MAJOR PERMIT APPLICATION DRAWN BY: RW KILL DEVIL PHONHILLS , E (9N. 4 7 48 FRISCO DARE COUNTY NORTH CAROLINA REVIEWED: GW FAX (919) 441 0721 PIER DETAIL (N.T.S.) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 'V n IN REPLY REFER TO November 23, 1999 Regulatory Division Action ID No. 200010224 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Please reference the application of George C. Bingaman for Department of the Army (DA) authorization and a State Water Quality Certification to place fill material within wetlands and construct two dwellings, a pier, two docks, a boatramp, and a bulkhead and a breakwater, on property located off State Road 1400, in the Brigands Bay Subdivision, adjacent to a manmade canal to the Pamlico Sound, in Frisco, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 24, 1999, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (252) 975-1616, extension 23. Sincerely, a4o*? Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687