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HomeMy WebLinkAbout20021161 Ver 1_COMPLETE FILE_20020723OF VVArF9 Michael F. Easley, Governor William G. Ross Jr., Secretary O1 QG North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality William Tomaszewski 108 Field Street Greenville, NC, 27858 APPROVAL of 401 Water Quality Certification Dear Mr. Tomaszewski: July 30, 2002 DWQ# 02-1161 Dare County You have our approval, in accordance with the attached conditions, to dredge, fill and shade 0.15 acre of vegetated and non- vegetated wetlands in order to construct a boathouse with decks, a walkway, pier and platform additions, a gazebo, a dock, fencing, a retaining wall, and to conduct maintenance excavation and lace riprap waterward of a coastal wetland on your property in Dare County, as described in your application received by the Division of Water Quality on July 23, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3371, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when it is issued by the NC Division of Coastal Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens or Deborah Sawyer in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. S' ely, limek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett Roxanne Dorman, P.O. Box 3368, Kill Devil Hills, NC, 27948 021161 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 . 94 Customer Service 1 800 623-7748 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens WQ Supervisor: Roc-lPr Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name William Tomaszewski County Dare Project Number 02 1161 County2 Recvd From DCM Region Washington Received Date 7/23/02 Recvd By Region Project Type residential water activity Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA Waters O YO N F-- 30-21 SA F--30,155. 0.22 F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: issue n/c cc: Regional Office Central Office Page Number 1 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 July 18, 2002 MEMORANDUM: i 1I I 3 200?l e ; WETLANDS GROUP _ WATER QUALITY SECTION TO: Mr. 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: William Tomaszewski Project Location: 111 West Shore Drive, Pond Island Marina S/D in Nags Head, Dare County Proposed Project: Install riprap, construct a walkway, landward retaining wall with fill adjacent highground and wetlands, expand pier platform and add a gazebo, construct a boathouse with boatlift, a landward dock and a fence. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 7, 2002. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state. nc,us An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper MAJOR PERMIT FEE SCHEDULE PROJECT NAME: DEVELOPMENT TYPE: IIT(?? DEVELOPMENT TYPE FEE DCM % of FEE DWQ % of FEE 1. Private, non-commercial $250.00 100% ($250.00) 0%($0) development that does not involve the filling or excavation of any wetland or open water areas: II. Public or commercial $400.00 100% ($400.00) 0%($0) development that does not involve the filling or excavation of any wetlands or open water areas: III. Development involving the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determines if A, B, C, or D below applies: III. (A) Private or non-commercial: $250.00 100% ($250.00) 0%($0) If General Water Quality Certification No. 3301 can be applied: III. (B) Public or commercial $400.00 100% ($400.00) 0%($0) development: If General Water Quality Certification No. 3301 can be applied: III. (C) If General Water Quality Certification No. .3301 could be applied, but $400.00 60% ($240.00) 40% ($160.00) DCM staff determines that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III. (D) If General Water Quality $400.00 60% ($240.00) 40% ($160.00) Certification No. 3301 can not be applied: IV. For development that involves the filling and/or $475.00 60% ($285.00) 40% ($190.00) excavation of more that 1 acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William Tomaszewski 2. LOCATION OF PROJECT SITE: The property is located at 111 West Shore Drive, Pond Island Marina Subdivision, Nags Head, Dare County. Photo Index - 2000: 184-2110 Q5 &R5 1995: 184-1812 M4 & N4 1989: 1 50-2 V1 8 &V19 1984: 139-476 J24 & K24 State Plane Coordinates - X: 3 000 200 Y: 789 400 3. INVESTIGATION TYPE: CAMA and Dredge/ Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 11, 2002 July 15, 2002 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received as Complete - June 19, 2002 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Nags Head Land Classification From LUP - Developed w/ Conservation within the AEC (B) AEC(s) Involved: Coastal Shoreline, Estuarine Water, And Public Trust Water (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - None (F) Type of Structures: Existing - Dwelling, bulkhead, riprap, and a pier with a platform. Planned - Add riprap along the shoreline, construct a walkway over the riprap and adjacent water, construct a landward retaining wall and fill adjacent high ground and wetlands, expand a pier platform and add a gazebo, construct a boathouse with boatlift and a landward dock, and construct a 62' fence. (G) Estimated Annual Rate of Erosion: 6' Source - Application 7. HABITAT DESCRIPTION: [AREA] PTT T Pn OTUFR (A) Vegetated Wetlands: g 1,408sf: Seetion404 (B) Non-Vegetated 2 S1?f, l hallow 504sf: Riprgp in Shallo _ Bottum & 9W 1,760sf: Shading of Shallow Wetlands: apttom & EW from Bottom/E oc boathouse, d dock, platforms, & gazebo 2,392sf: High Ground 672sf. High ground (C) Other: disturbance from the landward dock and the overlapping roofed area from the boathouse (D) Total Area Disturbed: 9,781 square feet (0.22 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No William Tomaszewski Field Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a boathouse with interior decks, a 112'x 6' walkway along a man-made canal, 222sf of pier and platform additions, a 465sf gazebo over the pier and platforms, a 136'x 6' dock, install 62' of fencing, maintenance dredge 2,985sf of man-made canal, construct a landward retaining wall with 1,468sf of Section 404 Wetland fill, 1195sf of high ground fill, and place 492sf of riprap waterward of a Coastal Wetland. PROJECT SETTING The applicant's property is located at 111 West Shore Road, Pond Island Marina Subdivision, on the north side of the Manteo/Nags Head Causeway (US 64/264), in Nags Head, Dare County. To the north of the applicants property is a private residence and the cul-de sac of West Shore Road, to the south and east are man-made canals and to the west is the Roanoke Sound. Structures on the property included a dwelling with associated septic system, a 90'x 6' pier with a 24'-1"x 18'- 8" platform along the Roanoke Sound, approximately 70' of riprap waterward of normal water level (NWL) on the south and west shorelines, a 5.5'x 102' dock paralleling an existing bulkhead along the south side of the property, and 212' of bulkhead along the southern and eastern sides of the property. A small area of pavement and approximately 535 square feet of riprap are located on the applicant's property, that was placed by the Town of Nags Head to improve access and to protect it from wave action during severe storm events. The project site consists of 17,522 square feet, has an approximate elevation five feet above normal water level, and is located within an AE (EL not available) Flood Zone. Vegetation on the property is a mix of common reed (Phragmites australis), salt meadow cord grass (Spartina patens), smooth cord grass (Spartina alterniflora), big cord grass (Spartina cyanosuroides), black needle rush (Juncus roemerianus), live oak (Quercus virginiana), loblolly pine (Pinus taeda), poison ivy (Rhos toxicodendron), fig (Ficus carica), wax myrtle (Myrica cerifera), and domestic yard grasses. The Division of Environmental Management's water quality classification for the waters of the Roanoke Sound, contiguous to that portion of the Pasquotank River Basin that extend from the North Carolina-Virginia State Line to the northeast tip of Ocracoke Island, as SA (shell fishing). Review of available information suggests that there are no known archeological sites or unique geological formations associated within the immediate area. Previous permits that have been issued for development on the applicant's property predate his ownership and are as follows: 1994: General Permit #12693A was issued to Johnnie Thompson for maintenance dredging in the man-made canal. 1994: General Permit # 12955A was issued to for 64 linear feet of dock along the southern shoreline along with 102 linear feet of bulkhead. 1995: General Permit #14320A was issued to construct 110' linear feet of bulkhead along the eastern and a small section of the southern shoreline. 1996: General Permit #015165A was issued to construct a 6'x 80' pier with a walkway over adjacent wetlands and a 24'x 20' platform. 1997: CAMA Major Permit #114-97 was issued for the placement of riprap waterward of a Coastal Wetland. 2001: CAMA Major Permit #114-97 was renewed to complete the riprap project. To date only 70 linear feet of riprap has been placed. Mr. Thompson has sold the property to Mr. Tomaszewski, and the CAMA Major Permit was not transferred. William Tomaszewski Field Report Page 3 PROPOSED DEVELOPMENT The applicant proposes the following improvements adjacent to and in the water (all development proposed is within a designated Area of Environmental Concern): Riprap: The applicant proposes to place 168' linear feet of riprap along the shoreline bounding the Roanoke Sound to the west and a man-made canal to south. The riprap would be placed waterward of a Coastal Wetland fringe of salt meadow cord grass, smooth cord grass, big cord grass, and black needle rush. Approximately 58 linear feet of the proposed riprap alignment will be landward of existing riprap. Erosion along the applicant's property is listed as six feet per year. Based on the permitted length of the pier and platform in 1996 (100) and the current length (110.66') the erosion rate is approximately 1.8' per year. The proposed riprap would be placed a maximum of 8'- 0", and average of 3'-0", waterward of normal water level. Area of Shallow Water Bottom Fill: 504sf Dock: The applicant proposes to construct a six foot wide wooden dock/ walkway over the 136' of the proposed rock riprap. The 136'x 6' walkway would tie the existing pier on the west side of the property into an existing dock on the south side of the property. The proposed dock would extend three feet waterward of the proposed riprap alignment. Area of Shaded Water Bottom and Estuarine Water From the Proposed Dock: 408sf Retaining Wall/ Landscape Wall: Along the landward edge of the Coastal Wetlands the applicant proposes to construct a 124' long retaining wall approximately 3'-0" high and fill 1,468 square feet of delineated Section 404 Wetlands, and 615 square feet of high ground. The alignment would be located between 8' and 25' landward of normal water level, within the 30' buffer. The retaining wall, as proposed, would be approximately two feet in height in the center and taper around the south side of Section 404 Wetlands. The average depth of the fill would be approximately .75' and result in the placement of approximately 63.4 cubic yards of fill dirt. Fill at this site would come from a high ground source and dredge spoil. The dredge aspect of this project will be discussed later in this report. Area of Fill: Wetlands - 1,468sf High Ground - 615sf Removal of a High Ground Riprap Alignment: There are two areas of existing riprap that the applicant is proposing to remove, fill and grade as needed. The first area is a 535 square foot area of riprap located on the southwest side of the cul-de-sac. The second area is approximately 45 square feet and is located approximately 12' landward of the western corner of the existing bulkhead along the south side of the property. The depth of the fill that would be placed is not known at this time. However, it is anticipated that the cubic yards of fill will be minimal. Area of Hijzh Ground Fill: 580sf William Tomaszewski Field Report Page 4 Dredging: The applicant proposes to dredge approximately 2,985 square feet of shallow water bottom within the man-made canal, adjacent to the southwest corner of the existing bulkhead. The average depth of the existing water bottom is estimated to be -2.1' below NWL and the finished depth would be -3'-0" below NWL. The applicant's agent estimates that the resulting dredge spoil will be 67.4 cubic yards. Staff review indicates that the amount of spoil appears correct. However it appears that the area to be dredged may be incorrect. Further review of the plans submitted indicates that a portion of the area delineated for dredging already equals or exceeds the proposed project depth. The attached plan revised by staff (Labeled Staff Revised Plan) shows an area that would not require dredging based on the proposed finished depth of 3'-0". The revised plan also shows that the proposed dredge area should be 1,820 sf, not 2,985sf as represented in the plan submitted. Connecting depths on the applicant's plan indicate that the depth is -2.9, not -3'-0" as required. Staff measurements found a clear connecting depth from -3'-0" to -3'-6" from the proposed dredge area. Area to be Dreamed Per Applicant's Agent: 2,985sf Area to be Dredged Per Staff Evaluation: 1,820sf Dredge Spoil Retention Area: The spoil retention area proposed by the applicant is located adjacent to the existing bulkhead along the eastern side of the property. A low area (1177.5sf) extends the length of the bulkhead 78.5' and a distance of 15' landward of the bulkhead. Apparently this area was never backfilled following the original installation of the bulkhead in 1995. The average depth of the depression is 1.5' with a holding capacity of approximately 65 cubic yards. Additional dredge spoil produced would be placed in the fill area located landward of the proposed retaining wall. Area to be filled with Dredge Spoil (Not accounted for Earlier): 1177.5sf Landward Walkway/Dock: Along the eastern side of the property over the proposed spoil area the applicant also proposes to construct 112'x 6' of walkway. Area of Hiah Ground (Upland) Disturbance From Landward Dock Construction: 672sf Boathouse and Boatlift: Within the dredge area, along the southeast corner, the applicant proposes to construct a 24'x 32' boathouse with 217 square feet of interior dock and a boatlift. The roofed area of the proposed boathouse is 768sf, with 184sf over land and 584 over Estuarine and Public Trust Waters. Area of Shaded Estuarine and Public Trust Water: 584sf Area of Shaded High Ground (Upland) From Boathouse Roof: 184sf (over proposed landward walkway) Roofed Platform and Pier Expansion: The final proposal is the expansion of an existing 6'x 90' (540sf) pier and 24'-1"x 18'-8" (449sf) platform. The proposal includes adding an 8'x 18'-8" (149.3sf) open area to the existing platform and a 4'x 22.5' kayak landing with stairs adjacent to the pier. The kayak landing and stairs, in conjunction with the existing 6'x 22.5' section of William Tomaszewski Field Report Page 5 pier would create a total of 10'x 22.5' (225so area that will be applied towards the total platform area. The proposal also includes constructing a roof partially over the existing 24'-1"x 18'-8" platform. Approximately 121 sf of the roofed area would extend beyond three sides of the existing platform. Area of Proposed Platform and Landing: 239sf Area of Platform that will be created with the Proposed Additions: 914sf Area of Roof: 510sf (389sf over existing platform and 121sf new shading) Area of Shading From the Proposed Platforms and Gazebo Roof. 360sf ANTICIPATED IMPACTS • Approximately 504sf of shallow water bottom and Estuarine Water would be lost from the placement of rock riprap alignment. • Shading from the proposed development would be: 408sf- 136' Dock 360sf - Additional Platform and Gazebo Roof 584sf - Boathouse Roof 1,352sf • Total area of proposed shallow water bottom disturbance from dredging 2,895sf. • High ground disturbance anticipated from the construction of a landward walkway 672sf. • Approximately 1,468sf of Section 404 Wetlands would be lost if the proposal is approved. • Total high ground fill that would result from the high ground fill and dredge spoil site would be 2,392sf. • Temporary turbidity will occur during construction of the water-based structures, the placement of riprap and during dredging activities. Submitted By: Lynn Mathis Date Submitted: July 15, 2002 William Tomaszewski 108 Field Street Greenville, NC 27858 eCEI ° E® JUN 19 ton? COAEUZABETH MANAG MENT I, William Tomaszewski authorize Environmental Professionals, Inc. (EPI) to pursue environmental permits on my behalf for property located in Dare County, North Carolina. (6, ?- 6 1,--- DATE 07/16/2002 16:41 2524410721 ENVIRONMENTAL PROFES PAGE 03 PROJECT NARRATIVE - CAMA Major Permit Tomaszewski - Pond Island, Dare County The proposed improvements to 111 West Shore Road on Pond Island includes: The constructiot covered boathouse with a boat lift (24'x 32'); dredge within area of boathouse extending to cent to reach -3.0' (67 cubic yards)- placement of rock rip rap along the eroding shoreline (168'); cot elevated, six foot wide walkway (136') over the proposed rock rip rap, along the shoreline; cons; foot wide walkway landward of the existing bulkhead and along side the proposed boathouse (1' length); maintenance repair (sheathing) and dredge spoil placed behind (15' x 78.5') the existing bulkhead; construct a wooden landscaping/retaining wall (just east of the coastal wetland lino) ,w return wall at the north end and fill landward of the landscaping wall within 404 wetlands (1,40 area) and upland fill (1150 s.f. fill area); construct 7' of steps and a kayak launching platform (6 the northwest end of the existing pier; cover and partially enclose a portion (18'x 22') of the exi platform (2 Vx 25') at the end of the existing pier; extend the existing platform an additional 8 ft dress the existing groin at the south west end of the property with granite (not to exceed above NWL); construct a wood post and cable fence at the north property line, to deter trespasse currently has problems with trespassers on the property and existing pier). Placement of rock rip rap and construction of elevated walkway will include: use of hand tools hydraulic pump; pilings will be constructed along the shoreline where the rip rap is proposed; to will be brought in by a wheelbarrel and placed by hand (three foot base, extending a maximum 4 above the NWL/wetland substrate, with filter cloth placed beneath the rip rap) along the inside c walkway pilings, once they are in place; walkway supports and planks will be constructed once is in place. A barge, hand tools and a hydraulic pump will be used to construct the proposed boi boat lift Before the boathouse and lift are constructed, maintenance of bulkhead sheathing and will take place using a dump truck, frontend loader and barge with a vibratory hammer. Also, d proposed to maintain the water depth at -3.0 feet within the boathouse area extending to the cen canal where water depth of -3.0 feet is reached (67 c.yds). Spoil from the dredge area will be pl the east bulkhead where backfil was not placed when bulkhead was built previously. If spoil as area (78.5'x 15'), the rest of the spoil will be placed within the 404 wetland area permitted for ft depth at the proposed boathouse is currently -1.4' to -3.0'. Water depth at the center of the can currently three feet. The purpose of the proposed rock rip rap along the shoreline is to minimize erosion (by reducing action (energy)) that has taken place over the years during storm events). Once the landscaping place, fW will be placed landward of the retaining wall (404 wetlands = 1,468 s.f) including hig area (1,150s.f.) within the 75' AEC, to create a continual slope from the existing house (see atta4 Fill in 404 wetlands will be trucked in by a commercial source and carefully placed by hand to k existing understory trees (no yomitoria, Mvrica e ' a within the fill area. Total disturbance within the 75' AEC is 3,984 s.f. (22%). of a r of canal struct an ;uct a six 2' total th a 15' st fill K 15') al (8'x foot (this site k rip rap one foot the e rip rap house and of the :d along -ds this Water wave wall is in plat). the Form DCM-MP-1 APPLICATION JUN 19 2002 (To be completed by all applicants) (:OASTAL ANA ELIZABETH b. City, town, community or landmark Pond Island, Nags Head fflanteo causeway) 1. APPLICANT a. Landowner: c. Street address or secondary road number 111 West Shore Road off HM 64/264 Name William Tomaszewski Address 108 Field Street City Greenville State NC Zip 27858 Day Phone see agent Fax b. Authorized Agent: Name Environmental Professionals, Inc, Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 441-0239 Fax 441-0721 c. Project name (if any) Tomaszewski EPI #01-119 NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare County 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) Roanoke Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Proposed boat house with boat lift. maintenance dredee. walkway on highground, elevated walkway over water, rock rip rap shoreline, construct landscaping wall, fill in 404 wetlands, bulkhead repair, improvements to existing pier (steps, kayak dock, roof over platform, extension to existing platform), construction of post and cable fence. 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. Owner proposes to improve his property by constructing a boat house with a boat lift (32'x 24'): improve the existing pier with the construction of steps down to the NWL and ending with a kayak platform (4'x 22.5'): roof a porfion (20'x 25') of the existing _platform at the end of the existing pier: add on to the existing platform (8'x 18'8") improve the existing rip rap by dressing it with granite, constructing an elevated, 6'wide walkway from the south canal to the existing pier (136'): constructing a landscaping wall and filling in 404 wetlands: armoring the shoreline with rock rip rap to reduce further erosion. Construct a three foot post and cable fence along the north property line to deter trespassers, repair/replace (with vinyl sheathing) damaged existing bulkhead where ship worms have deteriorated Revised 03/95 Form DCM-MP-1 APPLICATION (To be completed by all applicants) the boards: excavate canal in the location of the boathouse to continue boating access, spoil will be used as maintenance backfill for the existing (east) bulkhead. Yes X No 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 17,552 s.f. b. Size of individual lot(s) 17,552 s.f. c. Approximate elevation of tract above MHW or NWL -5 feet d. Soil type(s) and texture(s) of tract Psamments e. Vegetation on tract Quercus virginiana, Mvrica cerifera, flex vomitoria, Persea borbonia, Baccharis halimifolia, Juncus roemerianus, panicum spp. 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) in. Describe existing wastewater treatment facilities. On site septic svstem n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff f. Man-made features now on tract Residential home on pilings w/decking, pier w/21'x 25' platform, bulkhead, rock rip rap, walkway, (4) sandbags, telephone poles, extension of pavement from West Shore Road, with fencing (roge/posts) (see attached plat) g. What is the CAMA Land Use Plan land classification of the site? (Cons:ilt the local land use plan) _X Conservation Transitional X Developed _ Community Rural Other h. How is the tract zoned by local government? residential i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? N/A k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? o. Describe existing drinking water supply source. On site well 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 7J.0203 for a detailed description.) Revised 03/95 Form DCM-MP-1 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. 9A 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 Donna P. Ryan-Kocun Address 633 Santrice Court Phone Brick, NJ 08723-6300 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. Recently purchased property no documents available To current owner • A check for $tealth, made payable to the Department of Enviromnent, 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 170' day of June , 2002 Print Name Roxanne D. Dorman, agent Signatur""GZr w.Z G YiCCi' 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 Revised 03/95 07/16/2002 16:41 2524410721 ENVIRONMENTAL PROFES Form DCM -MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. Ali values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) o (NWT.) Canal Boat basin Boat ra np Rock groin Rock (rip rap) breakwater Other (Excluding shoreline stabilization) N/A ------ -------- ----- rregular Nape ee plat rregular width see plat -2.1' -3.0' N/A -------- ------- ------- NA ------- ------ ------- N/A 168' 3' N/A N/A, PAGE 02 1. EXCAVATION a. Amount of material to be eicavated from below MHW or NWL in cubic yards 67 c.yds. b. Type of material to be excavated sand c. Does the area to be excavated include coastal wetlands? Yes ! X No d. Highground excavation in cuubic yards _none 2. DISPOSAL. OF EXCAVA'T'ED MATERIAL a. Location of disposal area ,Area depicted onplat where maintenance backfil is located b. Dimensions of disposal areg 79.5'x 15' Opt spoil exceeds this area, spoil will be placed where proposed'wetland fill. c. Do you claim title to dispos#1 area? X Yes Na, If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yeo X No if yes, where? N/A Revised 03/95 07/16/2002 16:41 2524410721 ENVIRONMENTAL PROFES PAGE 01 Form DCM-MP.2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or othcr wetlands? Yes X No f Does the disposal include any area in the water? Yes X No X Yes If yes, (1) Amount of material water None No be placed in the (2) Dimensions of fill ar (3) Purpose of fill 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead X P iprap b. Length 168 feet c. Average distance waterward of MHW or NWL 3 feet d. Maximum distance waterward of MHW or NWL 8 feet e. Shoreline erosion during preceding 12 months 6 feet (Source of Personal observation information) f. Type of bulkhead or riprap material . granite __ See plat (0.03 act r i b. Will fill material be placed n coastal wetlands (marsh), SAVs or other wet ds? Yes X i No 5. GENERAL a. How will excavated fill ma4rial be kept on site and erosion controlled? silt fence will be c along the_K2a of d:iposifion along the exi in east bulkhead b. What type of constructio equipment will be used (for example, drakline, backhoe, or hydraulic dredge)? Long arm excavator g. Amount of fill in cubic yards to be placed below water level (1) Riprap 9.3 cubic yards _ (2) Bulkhead fill N/A h. Type of fill material granite 1. Source of fill material coxnmercial 4. OTHER FILL ACTIVITIES _(Excluding Shoreline Stabilization) a. Will fill material be brought to site? c. Will wetlands be crossed in transporting equipment? Yes i X No If yes, explain steps that will be taken to lessen environmental impacts, N,?A Tomaszewski EPI #01-119 _Aolicmt Project Natm SI ature a 7:5"41,# t -7, X40 r eA. lw ? -1 Io - O a 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 Landscaping wall, walkway, fence, fill on highground and maintenance backfill b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 1 unit @ 0.4 units per acre d. Size of area to be graded, filled or disturbed including roads, ditches, etc. upland fill = 1,150 s.f; walkway = 672 s.f. backfill = 1,177.5 s.f. Total= 2,999.5 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? _ Yes X No 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. No Daved surfaces Dronosed 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? Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. Existing on site sewage system j. Have the facilities described in Item i. above received state or local approval? N/A (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare 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 Tomaszewski EPI #01-119 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. 27% (includes existing impervious surfaces) A Ii ant or Project Name r - ! .t??1-'?• `r-? ?? . ? s ,c In c,, , C-Z- Z Signature Date Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) Elevated walkway and dock (1) Commercial Private X Community- (2) Number 2 walkways, 1 dock (3) Length walkway s 112'& 136'= 148' kayak dock 15' (4) Width 6' walkways and dock (5) Finger Yes , No X Piers (i) Number N/A (ii) Length N/A (iii) Width N/A (6) Platform(s) 1 Yes (addition to existing platform) Mooring buoys N/A (1) Commercial _ Private _ Community (2) Number N/A (3) Description of buoy (Color, inscription, size, anchor, etc. N/A (4) Width of water body N/A (5) Distance buoy(s) to be placed beyond shoreline N/A f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) Commercial Community Private (2) Number N/A (i) Number 1 (ii) Length 181.8" (iii) Width 8' (7) Number of slips proposed N/A g. (8) Proximity of structure to adjacent riparian property lines 20+ feet (9) Width of water body Approx. 1 mile from end of pier/ approx. 80' (interior canal) (10) Water depth at waterward end of pier at MLW or NWL -3.3 to - 3.8 feet b. Boathouse (including covered lifts) w/boat lift (1) Commercial X Private (2) Length 32' (3) Width 24' (586 s.f. over public trust) C. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number N/A (2) Length N/A d. Breakwater (e.g. wood, sheetpile, etc.) Rock Rip Rap (1) Length 168 ft (2) Average distance from MHW, NWL, or wetlands 4 feet (3) Maximum distance beyond MHW, NWL or wetlands 8 feet (3) Length (4) Width N/A N/A Other (Give complete description) 4'x 7'steps off of existine platform down to kavak platform (4'x 15'). Kam platform will be constructed on pilings one (1') foot above the NWL. Construct roof over existing platform at end of pier (-380 s.f.), extend existing platform an additional eight (8') feet. Tomaszewski EPI #01-119 Applicant of Project Name Signature Date Revised 03/95 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action HO: County: Notification of Jurisdictional Determination Property owner/Authorized Agent s 2 e. w j Address_ ! o 19 ee-•I- Telephone Number Z Sz - 3,5S- - 311 3 Size and Location of Property ( n, Li l z- ii ke-7 /CC ti -c. 5 i 5,d f ;r J4,7 "ti Indicate which of the following apply: Highway name/number, town, etc.) Ne., / 0L po« f •t' M'. " 1 N 44' • There are wetlands on the above described property which we strongly suggest should be_ , delineated eyed. The surveyed wetlan Iin?ust be verified by our % ; the Cords- make a final jurisdictional d mation on your property. • Because of the size of your property and our present workload, our identification and delineation of your wetlands Cann be accomplished in a timely er. You may wish ,o--e 6 ploy a consultant to ob ' a more timely delineation of tlz- etlands. Once your tant has flagged a wetlan d eon the property, Corp.: s ill review it, an?fit is accurate, we strongly reco end that you have the line- eyed for final approval -?y the Corps. The Corps will not make a final jurisdictional determination on your property witho? ?an approved su yey 4 ?e The wetlandeon your lot have been delineated;'and the li nts of Corps jurisdiction have been \j'U explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed 4a*ee-years from the date of this notification. •?' `' • There are no wetlands present on the above described property which are subject-to-the permits-' requirements o ction 404 of the Clean Wate 3 USC 1344). 1 n?~r ere is a Chen the la our published regulation ?t ' etermination may be-reYed upon for a period not to ex ed three years from the date of this notification. We The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Property owner/Authorizes Agent SignatF Project Manager Signature Date / 3 w Z_. Expiration Date I l Z 3 / r? SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (/FILE) COPY OF THIS FORM. ,' ?' .C rt /4 ( ?e •1' l ?? es/.:c+.+.. t T L-Jam/? G L ' `t! -e { f '?. ?C I -I 'y I l "J ?• i "I { .y ! ! !J^. rt H. Lt:, I G'v ^? l?? / .? ?1. f? % %T C 'T'ti.. 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BOX 3368 KILL DEVIL HILLS, NC 27948 (252)441-0239 (252)441-0721 (FAX) PAGE 4 OF 4 WILLIAM TOMASZEWSKI CAMA MAJOR PERMIT LOT 28 SECTION1 POND ISLAND MARINA DARE COUNTY NAGS HEAD NORTH CAROLINA SCALE: 1"-70' DATE: 6/17/02 DRAWN BY. RW REVIEWED BY: GW JOB /f: 01-119 2.06 +-0.�3 X54 �� 79 -2.52 ��=b:2,8 0.94 - 54 _L r 14 / / o 0 PROPOSE® CHANNEL TO BE DREDGED TO A DEPTH OF -5.00' �_ 1.96 EXISTING 3'x 20' DOCK (TYP.) EXISTING 3'x 20' DOCK (TYP.) -1.26 t EXISTING BOAT BASIN APPROX. HI�I NOTE: APPDXIMATELY WATER UNE 200 C.Y. OF SLEDGE -1.06 fi TO BE DREDGED �7> �cI EXISTING 5'x20' DAY DOCK 15'x20' i PROPOSED BOAT RAMP COMMON LINE TABLE AREA LINE 0.04 ACRES BEARING 2,015 SQ.FT. 15.27 S14'14'10"E u LEROY 0. BATTS, JR. EIS JAMES HOWARD BATTS 5.00 D.B.675, P.163 \ 129 SHAES LANDING DRIVE N 4'01"W SURF CITY, N.C. 28445 13.43 - E E' - EXISTING ASPHALT 1.36 0.87 ANCHOR SUPPORT 0 BULKHEAD DETAIL NO SCALE NOTE: ALL ELEVATIONS ARE RELATIVE MEAN LOW WATER ELEVATION. LEVEL DREDGING DATA: AREA TO BE DREDGED = 0.69 ACRES ((30,260 SO.FT.) TOTAL AMOUNT OF MATERIAL TO BE EXCAVATED = 3,268 C.Y. THIS IS TO CERTIFY THAT THIS MAP WAS PREPARED FROM AN ACTUAL SURVEY BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT THE .E,RROR OF CLOSURE" Q,CALCULATED BY LATS. & DEPS. IS 11 L(Jh.-... (�h'i I' WITNESS MY HAND & SEA(_,-�FIIS`_AAX IAF -L14- 20.aZ JOHN L. PIERCE, PLS, L-2596,, ti LEGEND EIS = LINE TABLE SIS = LINE LENGTH BEARING L1 15.27 S14'14'10"E L2 12.87 S5 5 ' 5" L3 5.00 Sl4'5 '48" L5 18.32 N 4'01"W L6 13.43 SO E L7 56.96 S 4.4 ' 4" 1-8 30.67 Sl "W L9 2.22 S18'36'22 -W L10 30.23 Sia " L11 4.03 1 '3 "E L12 13.91 S 0'00'07"E L13 16.13 S23'19'45"E L14 13.36 S00 4' 9"W L15 7.33 N7657' 1"W L16 21.80 N31 W1. "W L17 3.92 N58 -57'00"E 1.36 0.87 ANCHOR SUPPORT 0 BULKHEAD DETAIL NO SCALE NOTE: ALL ELEVATIONS ARE RELATIVE MEAN LOW WATER ELEVATION. LEVEL DREDGING DATA: AREA TO BE DREDGED = 0.69 ACRES ((30,260 SO.FT.) TOTAL AMOUNT OF MATERIAL TO BE EXCAVATED = 3,268 C.Y. THIS IS TO CERTIFY THAT THIS MAP WAS PREPARED FROM AN ACTUAL SURVEY BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT THE .E,RROR OF CLOSURE" Q,CALCULATED BY LATS. & DEPS. IS 11 L(Jh.-... (�h'i I' WITNESS MY HAND & SEA(_,-�FIIS`_AAX IAF -L14- 20.aZ JOHN L. PIERCE, PLS, L-2596,, ti LEGEND EIS = EXISTING IRON STAKE SIS = SET IRON STAKE ECM = EXISTING CONIC. MON, SCM = SET CONC. MON. -E- = ELECTRIC POWER LINE PP = POWER POLE MH = MANHOLE PH = PUMPHOUSE D&UE = DRAINAGE & UTILITY ESMT. RRS = RAILROAD SPIkE ST = SEPTIC TANK PCB = PROPOSED CATCH BASIN ECB = EXISTING CATCH BASIN TB = TELEPHONE BOX GW = GUY WIRE SP = SERVICE POLE WV = WATER VALVE CO = CLEAN OUT FH = FIRE HYDRANT CMP = CORROGATED METAL PIPE EB = EARTH BERM 1,51 SLOPE ® = PROPOSED ELEVATION ""4.71 = SPOT ELEVATION ELEVATION ON TOP OF SEAWALL e = PVC PIPE SET IN CHANNEL -0.77 /--2.61 5'x30' _ r. EXISTING 3'x 25' PWK DOLPHINS r -0.88 1.10 t-1.10 - -�L SEAWWLL - ? 54 ✓ Z / O O _ EXISTING 3' 25' -- - �� +5:`t5 1 DOCK �n M 4 + v N6.16 V\ T-� 1.50 � A PROX. HIGH ' LOT 1. _ �-� WTER UNE 3 6.27 8430 SQ. FT_ FIBEROPTIC N.C.D.O.T. CABLE MARKER \ C/O ROBERT VAUSE NEW BRIDGE STREET M� SUITE 7-A JACKSONVILLE, N.C. 28540 E.P.K. crvu yr omiuvc vvan TOPO & CHANNEL LOCATION AND DREDGING PLAN SHOWING HARBOR POINTE TOPSAIL TOWNSHIP, PENDER COUNTY, NC PREPARED BY JOHN L. PIERCE & ASSOCIATES. P.A. 409 JOHNSON BLVD. JACKSONVILLE, NC 28540 PHONE: 910-346-9800 DATE: AUGUST 11, 2001 SCALE: 1"= 30' F.B. 300, PG, 18 JOB #205652 FILE NAME: HARBORPOINTE GRAPHIC SCALE 0 15 30 50 1 I 1 I 120 ( IN FEET ) 1 inch . 30 ft. SHEET 1 OF 3 REVISED MAY2, 2002 (MAKE ELEVATIONS RELATIVE TO MEAN LOW WATER) REVISED JUNE 25, 2002 MAKE CHANGES AS PER COMMENTS FROM CORP OF REVISED AUGUST 12, 200 (CHANGE WIDTH OF CHANNEL TO BE DREDGED TO DOLPHINS ACIMTY MAP - NOT TO SCALE 0 0 E1 (0 21 , AGt � CORSi 1SI OF AGEMENT 10 i I i I I I 10 - - - - -T MISTING SEAWALL ISTING SEAWALL 5 i I I Imo. - 5 i I i EXISTING CHANNEL GRAD I I + - = 0 - } - PROP SED C ANNEL ADE i I I J - PROPOSED CHANNEL GRAD 5 }r I ~ I -1 I I I 0 10 20 30 40 50 60 70 60 90 100 110 -10 0 10 20 !0 30 40 50 60 70 80 90 100 110 120 130 140 150 CHANNEL CROSS SECTION "A" HORIZONTAL SCALE - 1"=10' VERTICAL SCALE - 1"=5' - EXISTING CHANNEL C - EXISTING CHANNEL GRADE TING CHANNEL GRADE CHANNEL CROSS SECTION B PROPOSED CHANNEL PROPOSED CHANNEL GRADE DOSED CHANNEL GRADE HORIZONTAL SCALE - 1"=10' VERTICAL SCALE - 1"=5' 10 ~ I i i r EXISTING SEAWA I I i I XISTING CHANNEL GRAD - - 0 + - I ' I PRO ~~NNE1 GRAAE I 1- i-- J._....-.. _ 5 - i i -10 - ! - I 0 10 20 30 40 50 60 70 60 90 100 110 120 130 140 150 160 170 170 180 EXISTING CHANNEL GRADE PROPOSED CHANNEL GRADE CHANNEL CROSS SECTION "C" HORIZONTAL SCALE - 1"=10' VERTICAL SCALE - 10=5' Q W F STA. 1+72.26 INTRACOASTAL WATERWAY /W 10 ST (P i t h O i O 5 - - i - i CP 0 - - - - - - I T -5 XISTING CHANN L GRA ! W - - 1 - - - - r- - -r-- t-. 1-_... r. -10 T--- 1 - E 75 T - _ - r- --~I _.li_ m ._Y - - A;19 -15 I Q 0 10 20 30 40 50 60 70 60 90 100 110 120 130 140 150 160 170 2 170 180 190 200 210 220 230 240 COASTDALIMAO AGEMENT CROSS SECTIONS OF U - EXISTING CHANNEL GRADE PROPOSED CHANNEL DREDGING SHOWING F PROPOSED CHANNEL GRADE CHANNEL CROSS SECTION "D" ? HORIZONTAL SCALE - 1"=10' = VERTICAL SCALE - 1"=5' HARBOR POINTE Ln TOPSAIL TOWNSHIP, PENDER COUNTY, NC PREPARED BY InLJAI MI rM nr o_ A e^elnni w Trees n A Uvnly L. f-IFISViL OC AJJVI,Im ICJ r. A. I 0 409 JOHNSON BLVD. JACKSONVILLE, NC 28540 i a PHONE: 910-346-9800 DATE: AUGUST 11, 2001 SCALE: AS NOTED F.B. 300, PG. 18 2 JOB #205652 FILE NAME: HARBORPOINTE SHEET 3 OF 3 REVISED: AUGUST 13, 2002 (CHANGE MADTH OF CHANNEL TO BE DREDGED FROM 70 TO W. ADJUST CROSS SEC710NS) _