20221424 Ver 1_Encl 8 - Project Narrative, Revised 01-23-2023_20230124 (2)

MARINE
ENVIRONMENTAL
CONSULTING DIVISION
SAMPSON CONTRACTING, INC.
Marine Construction And Environmental Consulting Services
125 Hunters Trail West, Elizabeth City, North Carolina, 27909 USA
Tel: [phone] — Fax: [phone]
[e-mail] www.sampsoncontracting.com
PROJECT NARRATIVE
IN SUPPORT OF REQUEST FOR MAJOR PERMIT
AMENDED 01/23/2023
APPLICANT: Sharon R. and Robert K. Lane
PROJECT: Shoreline Development Project
LOCATION: Perquimans County, North Carolina; 150 Osprey Lane, off of Harvey Point
Road
SITE:
Directions:
Proceeding toward Hertford from Elizabeth City on Highway 17, cross the
Perquimans River and proceed to the first stop light in Hertford. Turn left onto
Harvey Point Road (SR 1336) and proceed for approximately 8 miles to the
traffic circle at the entrance to the Harvey's Point Defense Testing Activity.
Enter the traffic circle and take first right onto Goose Nest Lane and proceed
1.3 miles to intersection with Osprey Lane, and turn left. Proceed 0.2 miles to
where the paved Osprey Lane curves to the left onto the paved Harvey's Neck
Road. Depart the paved road and continue straight on the unpaved Osprey
Lane for 400 feet. This places you at the property boundary of the Lane tract
at 150 Osprey Lane. Continuing straight for another 230 feet places one at the
center of the Lane tract. The development site is approximately 110 feet to the
right, along the Albemarle Sound.
Description:
The project area consists of an 8.03 acres tract of land, with Osprey Lane
terminating in a notch along the western boundary of the Lot, which is situated
on the Albemarle Sound, approximately 2.5 miles west of Harvey's Point.
This tract is owned by Sharon R. & Robert K. Lane, and identified on
Perquimans County Records as 150 Osprey Lane, and on Map 2-0083-0002A,
as Old Madrey, Harveys Neck Road, and by PIN as 7886-21-7853.
The shoreline of the tract along the Albemarle Sound is 368 feet. This number
is measured along an existing bulkhead that ties into the eastern riparian
neighbor's bulkhead; it runs to the west, fronting the Albemarle Sound, and
then turns landward along an existing boatramp, and then extends across the
existing boatramp and riprap, intersecting the adjoining property line of the
western riparian neighbor. This length does not take into account shoreline
fluctuations along this property boundary due to erosion, observed on a site
visit on 08/10/2022.
Nearly all of the tract to the north of the existing driveway is clear of
vegetation with the exception of various mowed grasses, and gives the

appearance of a fallow agricultural field; however, there has reportedly been
no agriculture activity over the past 15 years. A small clump of woody
vegetation exists in the middle of this northern field. Along the east boundary
of this northern field there is a wide band of overgrown grasses, woody shrubs
and small trees. Near the southeast corner of this northern field is an oval -
shaped cluster of low woody vegetation, predominated with small Willow
trees. This northern field appears to have been leveled, ditched and drained for
prior agricultural use. A ditch runs from a bend in Harvey's Neck Road at the
north in a southerly direction for approximately 475-ft, where it curves to the
southwest toward the Boatramp at the southwestern extreme of the tract,
passing under the existing gravel driveway through a culvert.
At present, there are a variety of trailers, boats, and equipment staged about
the property, located on the lot to the south of the existing driveway.
According to the terms of sale, recently executed for this property, all of this is
currently being removed from the property.
Adjoining Development:
All lots surrounding the Lane tract are developed, with the exception of those
lying on the north side of Osprey Lane and Harvey's Neck Road, which
appear to be mainly planted in trees by the Harvey Point Defense Testing
Activity. The surrounding lots are similarly zoned as RA (Rural Agricultural),
but appear to be solely used for residential purposes, with no associated
agriculture. The three lots along the Albemarle Sound to the east all have
residential structures and developed shorelines, all bulkheaded, one with a
functioning pier and one with a remnant derelict pier.
Of the twenty-eight lots to the west, twenty have residential structures, and all
have existing shoreline development, or show signs of having had such in the
past. Aerial photography shows that three of these lots suffered recent
bulkhead failures, and all three of the lots have experienced significant recent
erosion comparable to that on the Lane tract.
Erosion:
Significant recent erosion is readily discernable along the shoreline of the Lot,
where an erosion escarpment has developed that ranges from approximately 3-
ft above Normal Water Level (NWL) to approximately 7.5-ft. In some places
this escarpment has been breaking off and falling down to the elevation of the
Albemarle Sound, especially where large trees have been undermined. The
platted dimensions of the lot have been preserved by the bulkhead that has
been in place and functioning until recently.
The previous owner/occupier of this Lot reported that this severe erosion
began less than 18 months ago, following a severe storm, which caused the
bulkhead to fail. A review of Google Earth imagery shows severe erosion in
its February 2022 image, and no erosion in its March 2017 image, which is the
next most recent image displayed by Google Earth prior to 2022.
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During an onsite evaluation on 10 August 2022, the current erosion
escarpment was measured, as well as the incursion of the NWL line, as
distances landward of the still visible, and remnant existing bulkhead. In the
area where the greatest NWL incursion was found to exist, a distance of 47.5-
ft, the erosion shown in the February 2022 Google Earth Image showed a
NWL incursion of only 30-ft. This translates to an erosion loss of 17.5-ft over
a six-month period for an annual erosion rate of 35-ft per year. This rate would
place the onset of this severe erosion at about April of 2021, or 16 months
ago, which corroborates the statement of the previous owner.
The areal erosion loss over this time period has, based on measurements,
accumulated to 8,086 square feet, giving an annual areal erosion rate of 6,064
square feet per year. The loss in volume (for just areas below the NWL) since
the bulkhead failed is calculated to be approximately 450 cubic yards, or an
annual rate of 338 cubic yards per year. Given the existing escarpment heights
of 6 — 7 feet in the areas of most severe erosion, the total volumetric loss of
soil has likely been 3 — 6 times that lost below the water level, or 1200 — 2400
cubic yards. In that the most severe areas of erosion are taking place at the
highest parts of the uplands (approximately — 7.5-ft above NWL, this annual
volumetric loss is expected to increase significantly.
This shoreline along the Albemarle Sound is a very high energy shoreline; one
which faces some of the largest fetches across open water in the coastal
counties. Winds cross an open fetch of water that is at a minimum of 7.8 miles
when winds are out of the SSW. While this shoreline is sheltered from the
strongest winds of winter that range from the West, to the North, and around
to the East, the extreme fetches associated with wind out of the South make
even mild winds a cause for concern along this shoreline. When winds are out
of the SW, a fetch of 17.5 miles exists; when winds are out of the ESE, a fetch
of 42 miles exists.
Soils:
Information available from the USDA indicates only a single distinct soil type
on this Lot. This is: Roanoke Silt Loam (Ro), which is a hydric soil type. This
soil type comprises the entire uplands (non -water) of the Lot.
Hydrology:
The hydrology of the project area, consisting of Roanoke Silt Loam, sits 0 to
12 inches above the water table under normal conditions.
The Roanoke Silt Loam soil is considered to be poorly -drained, having a
capacity of its most limiting layer to transmit water (Ksat) listed as very low
to moderately high (0.00 to 0.20 in/hr), and a depth to restrictive features of
more than 80 inches. It is listed as having a high water capacity of about 9.2
inches. A typical profile is listed as: Silt Loam 0 — 8 inches; Clay Loam 8 - 13
inches; Clay 13 — 58 inches; Fine Sandy Loam 58 — 80 inches.

This tract has an elevation of approximately 7-ft above the Normal Water
Level (NWL) along the northwest quadrant of the tract, with a similar
elevation along the eastern boundary, both of which drain by sheet flow to a
slightly lower elevation of approximately 6-ft, which runs through the middle
of the tract from the northeast portion down toward the Albemarle Sound at
the southwest boundary, flowing across existing natural ground vegetation.
The Normal Water Level of the Albemarle Sound along this shoreline appears,
from vegetative growth visible on existing wooden structures, to vary by 12 to
16 inches in response to seasonal wind direction. Strong, sustained, seasonal
winds likely cause temporary excursions of the water level two to three feet
above and below the Normal Water Level.
Section 404 Wetlands:
A 404 wetland delineation has not been conducted for this tract. However, an
assessment has been made for the presence of any such wetlands within the
area where the development is proposed. There was essentially no vegetation
at all between the failed bulkhead and the erosion escarpment, other than trees
and woody debris that had sluffed down off of the 6 - 7.5-ft high escarpment,
and no wetland vegetation was observed.
Along much of the shoreline the escarpment rises nearly vertically from the
water to uplands, providing no area for growth of wetlands. Along the portion
of the shoreline where NWL is at some distance from the escarpment, the
above -water area consisted of un-vegetated wet sand and clay. Near the
western extreme of the failed bulkhead, where the bulkhead was still rather
intact, there existed a few patches of Soft Rush (Juncus effuses), which was all
rooted in the uplands, approximately 3-ft above NWL.
The lowest area of the property, in the vicinity of the ditch that runs from the
northern boundary to near the Boatramp at the southwest boundary, was
examined for wetlands. Beyond the property boundary of this tract, where the
northern end of the ditch intercepts a culvert passing under Harvey's Neck
Road, there exists standing water in the roadside ditch, and the presence of
wetland vegetation predominated by Cat Tail (Typha, spp.).
For the majority of the length of the ditch running to the south through this
property, the elevation of the ditch bottom is above that where 404 wetland
hydrology could be expected. Within, and adjacent to this ditch, from
approximately 50-ft north of the existing driveway to approximately 25-ft
from the existing Boatramp, 404 wetland vegetation exists, predominated by
Common Reed (Phragmites australis), with occasional presence of Marsh
Elder (Iva frutescens) and Soft Rush (Juncus effuses). The Phragmites
australis exhibits a number of the characteristics of Phragmites australis,
subsp. americanus, the native species, which rarely grows this far south along
the Atlantic Coast; however, examination was not extensive enough to be
determinative. Near -surface water appears to exist throughout the year, and
when combined with the hydric soil type of Roanoke Silt Loam, it suggests
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that these are 404 wetlands within this ditch. It is possible that the ditch was
dug through existing wetlands, but seems more likely that the wetlands
developed from the creation of the ditch when it was dug to a depth near or
below that of the water table to drain the agricultural field to the north.
The proposed replacement Bulkhead alignment does not border these
wetlands, and terminates along the shoreline to the south and west of where
these wetlands are encountered. The proposed Boatramp access road has been
sited to stay to the east of this wetland area.
Coastal Wetlands:
No NC Coastal Wetlands were identified on this Lot. The small area of Cat
Tail (Typha, spp.) that lies beyond the northern boundary of the Lot, near
Harvey's Neck Road, most likely does not meet the criteria for NC Coastal
Wetlands, lacking flooding from lunar or wind -driven tides.
Uplands:
Upland vegetation in the northern, cleared area of the tract consists
predominantly of grasses. The clump of woody vegetation in the middle of the
northern field is varied, with the presence of Wild Cherry (Prunus serotine),
Elderberry (Sambucus canadensis), and Blackcap Raspberry (Rubus
occidentalis) noted.
Along the western boundary of this northern field the vegetation is also varied,
including Wild Cherry (Prunus serotine), Pokeberry (Phytolacca americana),
Catbrier (Smilax rotundifolia), and predominated by Blackcap Raspberry
(Rubus occidentalis).
The clump of woody vegetation near the southeast extreme of this northern
field consists predominantly of small Carolina Willow (Salix caroliniana)
trees of approximately 15-ft in height.
Areas of the tract south of the driveway entrance from Osprey Lane range
from open to densely forested. The easternmost quarter of this southern area of
the tract is the densely forested area and consists mostly of a wide variety of
trees common to the area. The over -story includes Loblolly Pine (Pinus
taeda), Cherrybark Oak (Quercus pagoda), and Sweet Gum (Liquidambar
styraciflua). The understory includes Red Maple (Acer rubrum), Southern Red
Oak (Quercus falcata Michx.), and the invasive species Mimosa (Albizia
julibrissin), and the species native to western North Carolina, Black Locust
(Robinia pseudoacacia). There is also a significant presence of Muscadine
Grape (Muscadinia rotundifolia).
The next quarter of the southern area of the tract, to the west of the densely
forested area, is nearly entirely open with some shading from nearby trees, and
is predominated with a variety of grasses.

The quarter of the southern area of the tract, to the west of the open area, is a
sparsely forested area of diverse species, with some dense undergrowth. The
canopy trees consist of Sweet Gum (Liquidambar styraciflua), Southern Red
Oak (Quercus falcata Michx.), and Red Maple (Acer rubrum), and an
undergrowth exists of American Persimmon (Diospyros virginiana), Wild
Cherry (Prunus serotine), Wax Myrtle (Myrica cerifera), Catbrier (Smilax
rotundifolia), Giant Cane (Arundinaria gigantea) and Muscadine Grape
(Muscadinia rotundifolia).
The westernmost quarter of the southern area of the tract is predominated by
the 404 wetland vegetation, previously described and associated with the
drainage ditch that extends through this area. But, it also exhibits a single Bald
cypress (Taxodium distichum) growing in the uplands near the Boatramp,
along with a frequent presence of Trumpet Honeysuckle (Lonicera
sempervirens) in and near the wetland area.
Waters:
The waters along this tract on the Albemarle Sound are classified by NC
Division of Water Quality as SB waters. These waters are outside any primary
or secondary nursery areas, and outside of Anadromous Fish Spawning Areas,
but do lie within the waters of the NC River Herring Management Area and
the Albemarle Sound Striped Bass Management Area. These waters are part of
Area I8, designated by the NC Division of Shellfish Sanitation and
Recreational Water Quality as being prohibited to the harvesting of shellfish.
The waters along the project site adjoining the Albemarle Sound are Coastal
Waters subject to the jurisdiction of the NC Division of Marine Fisheries.
Submerged Aquatic Vegetation (SAV):
In that this Permit seeks only limited in -water development outside of the
footprint of previously existing structures, no specific effort was made to
assess the entire nearshore areas for SAV. However, on 8/18/2022, the
footprint of the proposed pier and associated structures was raked
continuously from shoreline to 275-ft offshore to detect the presence of any
SAV.
None of the raked samples brought any evidence of SAV to the surface, with
the exception of the area in the existing pier alignment between a distance of
160 — 170-ft water -ward of the shoreline. Here, the rake brought up multiple,
but few, very short (1/4 inch to 1/2 inch) strands of unbranched, green
vegetation, lacking any indication of root structure. The vegetation was too
small and lacking in features to be able to identify the species. This area lies
within approximately 30-ft of the edge of the SAV polygon shown on the NC -
CREWS GIS interactive map. What was recovered by the rake may have been
broken segments of other SAV, growing more distant from this location,
having settled to the bottom in this area.
The entire alignment of the proposed replacement Bulkhead was raked, and no
indications of SAV were found. The shallow water in the eroded area
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landward of the failing bulkhead was visually examined, and, where the
bottom was beyond visibility, raked at approximately 15-ft intervals (with the
exception of areas obstructed by trees fallen from the upland escarpment), and
no presence of SAV was detected.
The entire area of the proposed Boatramp Launch Pier was raked, and no
evidence of SAV was found. The NC -CREWS GIS interactive map displays
an SAV polygon, which has a corner that terminates in the area proposed for
this pier. The bottom was additionally raked approximately 15-ft beyond this
pier footprint to the east, south and west, and no evidence was found to
substantiate that this polygon accurately depicts SAV growth in the immediate
area of the Boatramp.
The Secchi depth at the southern point for the proposed Swim Platform was
0.8 meters (2.6-ft). The water depth in the existing pier footprint, 160-ft water -
ward of the existing Bulkhead was 0.7 meters (2.3-ft), at which the Secchi disc
was still barely visible.
There were no beds of SAV detected, nor any rooted SAV plants associated
with the proposed docking structures and the proposed replacement Bulkhead.
Historical -Archaeological:
Based on the Historical/Archaeological site location maps retained by the NC
Division of Coastal Management's Elizabeth City office, there exists no
recorded site of Historical -Archaeological interest in the immediate vicinity of
the Lane tract. To the west of the Lane tract, 4 sites of potential interest are
noted on the map of the area, lying on the shoreline between 0.2 and 0.5 miles,
and referenced by a notation of "Page 26". Farther to the west, at a distance of
approximately 1 mile from the Lane tract, 3 additional sites of potential
interest are depicted along the shoreline. Still farther west, at a distance of
approximately 1.75 miles from the Lane tract, multiple potential areas of
interest are noted in the Holiday Island area, referenced by Arabic numeral
"1". To the east, at a distance of approximately 1.5 miles from the Lane tract,
a Wreck is denoted in the water just off of the shoreline.
Species of Concern:
In Perquimans County, twenty vertebrate species of concern are listed by the
NC Natural Heritage Program, one invertebrate and seventeen vascular plants.
Two of the vertebrate species are listed as Endangered. These are the Atlantic
Sturgeon (Acipenser oxyrinchus), and the Shortnose Sturgeon (Acipenser
brevirostrum). Of these two, the Atlantic Sturgeon has currently been
identified in the area, while the Shortnose Sturgeon has historically been
known to have been in the county area. Both of these species are known to
occupy large estuaries and rivers, and may pass by this area on way to spawn
within either the Perquimans or Yeopim River. The shoreline of the Lane tract
would not be regarded as a typical spawning habitat for these species.

One other of the vertebrate species listed is also a Fish. This is the Ironcolor
Shiner (Notropis chalybaeus), which is listed as Significantly Rare. It has not
been currently spotted in the County, but is known, historically to have been
present. Its known habitat of Coastal Plain rivers and creeks make it possible
to be in the vicinity, but with the Lane tract being situated beyond the mouths
of both the Perquimans River and the Yeopim River, its utilization of this
shoreline becomes less likely.
Of the twenty vertebrate species listed, two are Amphibians, the Oak Toad
(Anaxyrus quercicus), and the Maybee's Salamander (Ambystoma mabeei).
The latter is listed as Threatened, while the former is listed as Significantly
Rare. Neither of these species has currently been noted in Perquimans County,
while they both are known to have historically been within the County. The
habitat of ephemeral wetlands, vernal pools and bays of the Threatened
species do not exist on this tract; nor, does the habitat of pine flatwoods and
savannas, and pine sandhills near water for the Significantly Rare species exist
on this tract.
Of the twenty vertebrate species listed, five are reptiles: the Timber
Rattlesnake (Crotalus horridus), the Diamondback Terrapin (Malaciemys
terrapin), the Rainbow Snake (Farancia entrogramma), the Spotted Turtle
(Clemmy guttata), and the Striped Mud Turtle (Kinosternon baurii). Both the
Timber Rattlesnake and the Diamondback Terrapin have been designated as
Species of Concern, and both have currently been noted within the County.
The Lane tract of land provides habitat suitable for both of these species, but
no evidence was found of either when examining the site, and two long-term
residents of the site reported that neither had been seen, while other snakes
and turtles had been observed.
The Rainbow Snake is listed as a Significantly Rare species, with no current
sightings in the County, only historical knowledge of their existence. Their
habitat of swamps, lakes, rivers and other sluggish waters is not typical of the
Lane tract. The Spotted Turtle and the Striped Mud Turtle are listed as Rare
But Relatively Secure and Poorly Known in North Carolina, respectively.
They both have currently been spotted within the County, but their habitat of
shallow water pools, ponds and ditches is not typical of the Lane tract. Two
long-term residents of the site specifically deny seeing a Rainbow Snake, and
while having observed other turtles, including Slider, Mud and Snapping,
indicate they have not seen either the Striped Mud Turtle or the Spotted
Turtle.
Of the twenty vertebrate species listed, eight are mammals, six of which are
Bats. One of these Bats is listed as Threatened, the Northern Long-eared Bat
(Myotis septentrionalis). While this species has currently been spotted within
the County, its usual habitat is in the mountains. It utilizes hollow trees for
warm weather habitat, some of which exist on the Lane tract.

Two of the Bats are listed as Species of Concern. These are the Eastern Big -
eared Bat (Corynorhinus rafinesquii macrotis), and the Southeastern Bat
(Myotis austroriparius). These two species have currently been spotted in the
County, and their habitat of hollow trees and habit of foraging near water in
the Coastal Plain all suggest that habitat does exist for them on the Lane tract.
Two of the Bats are listed as Significantly Rare species. These are the Little
Brown Bat (Myotis lucifugus), and the Tricolored Bat (Perimyotis subflavus).
Again, both of these Bats have been currently spotted within the County; but,
their habitats for roosting in buildings, caves, mines and rock crevices are
absent on the Lane tract. One other Bat is listed as Rare But Relatively Secure.
This is the Seminole Bat (Lasiurus seminolus). This Bat, again has been
currently spotted in the County, and its habitat of open-air foraging over water
is met by the Lane tract. However, this Bat is usually found in the southern
portions of the State.
My limited presence on the site discovered no indications of Bats, and two
long-term residents of the site both indicate that they have not observed any
Bats in this specific locale of the County. It is unlikely that any of the Bat
species of concern would be impacted by the proposed development.
Of the other two mammals listed, one is a Weasel, and the other is a
Lemming. The Dismal Swamp Southern Bog Lemming (Synaptomys cooperi
helaletes)is listed as a Significantly Rare species. It has not currently been
spotted in the County, but is known, historically, to have been present. Its
known habitat of low pocosins and early succession wetlands is atypical of the
Lane tract. The Long-tailed Weasel (Mustela frenata) is listed as a Poorly
Known Animal in North Carolina. It has currently been spotted within the
County, and its habitat of forests and brushy areas would be provided in a
limited fashion by the Lane tract. Evidence of the presence of either the
Weasel or the Lemming was not detected during my limited on -site time on
the tract, and neither of the long-term residents of the site has indicated that
they have seen these species over the past 3 to 15 years.
Of the twenty vertebrate species listed, two are birds. One of these is listed as
Threatened, and this is the Bald Eagle (Haliaeetus leucocephalus), which is a
protected species under the Bald and Golden Eagle Protection Act. This
species has currently been spotted within the County. Its habitat includes
mature forests near large bodies of water for nesting, and rivers, lakes, and
sounds for breeding and foraging. The forested area of the Lane tract provides
the desirable habitat, but the wooded forest along this part off the shoreline is
confined to just a quarter of the shoreline length on the Lane tract, making it
unlikely that this species would choose this limited forested area for nesting.
This species has been seen flying in the area, but no effort at nesting was
observed on the site.
The second bird species is the Hooded Merganser (Lophodytes cucullatus),
which has been placed on the Watch List due too inadequate information
9

about its distribution and rarity. It has currently been spotted within the
County, and has a habitat consisting of lakes and ponds with dead trees for
nesting. This habitat is atypical for the Lane tract and none were spotted
during on -site visits.
The sole invertebrate animal listed is a Gastropod, the Sharp Sprite
(Promenetus exacuous). This is listed as a Poorly Known Animal in North
Carolina, and while it has been currently spotted within the County, its habitat
of ponds and streams is atypical for the Lane tract.
Of the seventeen vascular plants listed, only one is listed as Endangered, and
none are listed as Threatened. The plant listed as Endangered is the Raven's
Seedbox (Ludwigia ravenii). It has not been currently spotted and is only
known, historically, to have existed within the County. Its habitat of savannas,
swamps, marshes and wet open spaces make it very unlikely to be present on
the Lane tract.
Two of the seventeen vascular plants are listed as being of Special Concern.
These are the Water -plantain Spearwort (Ranunculus ambigens) and the
Seven -angled Pipewort (Eriocaulon aquaticum). There has been no current
spotting of either plant in Perquimans County, but only historical records are
indicative of their presence. The Water -plantain Spearwort, with a habitat of
open wet areas, is thought to have been extirpated from the County. The
Seven -angled Pipewort, with a habitat of blackwater creeks, natural lakes, and
tidal freshwater marshes, is believed to be in a vulnerable state in the County.
The typical habitat of the former is not present on the Lane tract, while the
shoreline of the Lane tract could provide habitat for the latter. However,
neither of these species were observed during on -site visits.
Four of the seventeen vascular plants are listed as being Significantly Rare.
The first is Carolina Grasswort (Lilaeopsis carolinensis), the range of which is
sporadic, but is known to exist in habitats of freshwater marshes, pools, and
tidal marshes. The Lane tract does not offer such habitat. The second is Water
Pursiane (Didiplis diandra), which is known to be at the periphery of its range
in North Carolina, and its habitat of sluggish streams and ponds are rare in
North Carolina, and do not exist on the Lane tract. The third, is Atlantic Mud -
plantain (Heteranthera pauciflora), which is also known to be at the periphery
of its range in North Carolina. Its habitat of open pools in brownwater or
blackwater river floodplains, makes the Lane tract a likely location, with the
exception of the absence of open pools, which do not exist because of the soil
type's drainage characteristics and the elevation of the land above the water
table. The fourth is Slender Blue Iris (Iris prismatica). This species is listed as
rare throughout its range, with less than 100 populations known to exist. Its
habitat of bogs, marshes, and wet powerline clearings are only poorly matched
by the Lane tract, and this species was not observed during site visits, nor the
presence of any other Iris common to North Carolina.

Ten of the seventeen vascular plants are included as being on the Watch List.
One of these is listed as Rare But Relatively Secure. This is Shoreline Sedge
(Carex hyalinolepis), which has, historically, been known to be found in
marshes of the County. This habitat does not exist on the Lane tract. A second
of these is listed as regionally rare in the County, but ranging from uncommon
to abundant in other parts of the State. This is Umbrella Magnolia (Magnolia
tripetala), which has a habitat of rich woods settings. Portions of the Lane
tract could support this plant, but it was not observed on the site.
The remaining eight of the vascular plants included as being on the Watch List
as Poorly Known plants in North Carolina, having inadequate information on
their distribution and rarity. The first is Prickly Hornwort (Ceratophyllum
echinatum) with a habitat of pools, lakes and estuaries, which is atypical of the
Lane tract with the exception of the shoreline, where it was not observed to be
present.
The second is Spinulose Woodfern (Cryopteris carthusiana), having a habitat
of swampy woods, which is atypical for most of the Lane tract. It was not
observed on the site. The third is Canada Waterweed (Elodea Canadensis),
having a habitat of lakes, ponds, and stagnant waters of streams, which is
atypical of the Lane tract. The fourth is Nuttall's Elodea (Elodea nuttallii),
having a habitat of lakes, ponds, and streams, which is atypical of the Lane
tract.
The fifth is Kidneyleaf Mud -plantain (Heteranthera reniformis), having a
habitat of muddy shores, bars, and pools, which is atypical for most of the
Lane tract. It was not observed on the site. The sixth is American Lotus
(Nelumbo lutea), having a habitat of ponds, slow streams, natural lakes,
estuarine rivers, which is atypical for most of the Lane tract. It was not
observed on the site. The seventh is Common Water -flaxseed (Spirodela
polyrrhiza), having a habitat of pools, and stagnant waters, which is atypical
of the Lane tract. The eighth is Northern Coastal Violet (Viola brittoniana),
having a habitat of moist slopes and low wet places, which is atypical for most
of the Lane tract. It was not observed on the site.
It is unlikely that the proposed development will have any impacts on the
identified species of concern.
DEVELOPMENT: Proposed New as Part of this Permit Application:
Boatramp Access Road: A 15-ft wide by 225-ft long access road is proposed
to connect from outside the Coastal Shoreline Area of Environmental Concern
(AEC) with the existing boatramp located at the southwest corner of the tract.
It is proposed to be constructed out of gravel, shell, concrete or asphalt
material
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Boatramp Launch Access Pier: A 6-ft wide by 20-ft long pier, is proposed for
construction adjacent to the east edge of the existing Boatramp, adjoining the
proposed replacement Bulkhead, and located 15-ft east of the western Riparian
Line.
Finger Pier to Jet -ski Lifts: A 4-ft wide by 20-ft long finger pier, extending
perpendicular, to the west of the main pier, is proposed to access two (2) pile -
supported jet -ski boatlifts.
Boathouse with Boatlift and Finger Pier Access: A 4-ft wide by 27-ft long
finger pier is proposed to provide access to a Boathouse/Boatlift, extending
perpendicular to, and to the west of the main pier, to accommodate a large
pontoon boat. The roofed Boathouse proposed would be of dimensions
approximately 14.8-ft by 27-ft, with area beneath the drip edge not to exceed
400 sq. ft.
Finger Piers and Mooring Piles to Provide 6 Boat Slips: 6 Finger Piers are
proposed with 3 extending to the west of the main pier and 3 extending to the
east, each of a tapered design being 3' 5" wide at the main pier and pile -width
(approximately 1-ft) at a pile 8-ft off of the main pier, giving each Finger Pier
a length of 8-ft. 4 Mooring Piles would be placed orthogonal to the west of the
main pier, 16-ft off of the pier, 10-ft on -center, with an additional 4 Mooring
Piles placed similarly to the east of the main pier.
Swim Platform: A 16-ft wide by 22-ft long Swim Platform is proposed at the
end of the main pier, where its maximum distance from the existing failing
bulkhead would be 273-ft offshore, the same distance as the now remnant
docking facility.
Elevated Wooden Slatted Walkway: A 107-ft long (all within the existing
Coastal Shoreline AEC), pile -supported walkway of 6-ft width, connecting
uplands to pier at shoreline.
Proposed as Repair or Replacement of Existing Previously -Permitted
Structures:
Replacement of Failed Existing Bulkhead: A new Replacement Vinyl
Sheetpile Bulkhead, 329-ft in shoreline length is proposed to be placed 2-ft
water -ward of the existing failed Bulkhead; then an in -place replacement
section running perpendicular to the 329-ft section that extends for 40-ft
alongside the Boatramp (terminating approximately 13-ft landward of NWL;
and also a new replacement return wall of 15-ft length at the east end of the
new Bulkhead. Backfill will be placed landward of the new Bulkhead up to
the erosion escarpment, recapturing approximately 8,086 sq. ft. of uplands now
below the NWL.

UTILITIES
Backfill material will consist of clean soil or sand from an upland source -- an
offsite location and from uplands adjacent to the ongoing erosion escarpment.
Approximately 2406 cu yds of backfill material is estimated to be required for
backfill behind a bulkhead proposed to extend 5-ft above NWL.
Replacement of Existing Remnant Pier: The existing, approximately 6-ft wide
by 273-ft long Remnant Docking Facility, is proposed to be replaced with a
new 6-ft wide by 257-ft long Main Pier in essentially the same footprint and
along the same orientation as the Remnant Pier.
Repair or Improvement of Existing Boatramp: The Existing Boatramp remains
functional and appears to be intact, but has sustained some erosive
undercutting along the water -ward edge and along the east side. It is proposed
to fill in undercut areas of the ramp with gravel and riprap to maintain
functionality in an area of approximately 65 sq ft.
The project as proposed is in compliance with the N. C. Environmental Policy
Act (N.C.G.S. 113A 1-10).
Existing:
Other prior development includes buried power, water and telephone utilities,
and a graveled accessway leading from the terminus of Osprey Lane onto the
property. Also existing are the remains of a non-functional septic tank, placed
by some previous owner of the property.
Existing development was apparently done under CAMA General Permits to
previous property owners. In 1987, General Permit No. A2928 was issued to
Elmer Badger for the construction of a bulkhead. In 1995, General Permit No.
14198 was issued to the Backstroms for construction of a boatramp, bulkhead
and riprap.
Wastewater:
Wastewater handling is not currently provided, but future residential
development would include construction and utilization of an onsite septic
tank and leach field.
Potable Water:
Potable water is currently provided by the County system.
Power:
Power is provided by Albemarle Electric Membership Corporation, and buried
service is onsite.
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Telephone:
Telephone utilities are currently available along Osprey Lane. Buried
telephone cable is onsite, but not connected.
IMPACTS Overall project development involves the following impacts:
Impervious Surface: Development under this Permit application seeks an
increase in Impervious Surface, above that which previously existed, of 4233
sq ft, of which 1,636 sq ft would lie within the Coastal Shoreline Area of
Environmental Concern. The Impervious Surface proposed consists of a
Boatramp Access Road, which, along with the Replacement Bulkhead and
Return Walls, would be the only Impervious Surface within this AEC, and
would constitute 5.7% of the AEC's area. The remaining 2,597 sq ft of
Impervious Surface associated with the Boatramp Access Road would lie
outside of the AEC.
An additional 314 sq ft of Impervious Surface, within the AEC, already exists
on the site, attributable to the Boatramp and armoring riprap. This would bring
the total of Impervious Surface within the AEC to 1,950 sq ft, or 6.8%.
Built -Upon Area: Built -upon area within the Coastal Shoreline AEC will
increase by 645 sq ft as a result of the Walkway to connect to the pier. Total of
the newly proposed Built -Upon area in this AEC, by including Impervious
Surface, would be 2,281 sq ft, or 8.0% of its area. The total of both proposed
and existing Impervious Surface and Built -Upon area within the AEC would
be 2,595 sq ft, or 9.1%.
Shaded Water Area: Shaded area over the Albemarle Sound will increase by
2,762 sq ft (Pier — 1,590 sq ft; Swim Platform — 352 sq ft; Boathouse — 400 sq
ft; Mooring Slip Finger Piers — 106 sq ft; Mooring Piles — 6 sq ft; Boathouse
Finger Pier — 108 sq ft; Jet -ski Finger Pier — 80 sq ft; Boatramp Launch
Access Pier — 120 sq ft). Some of this shading impact already exists from the
remaining decked structures of the remnant pier. For computing shaded impact
of docking facilities, the Coastal Resources Commission Rules allow up to
2,000 sq ft of shaded impact, excluding from the total, the square footage of
the actual pier. Deducting the 1590 sq ft associated with the pier itself, the
total proposed shading impact would be 1,172 sq ft, or only 59% of the
allowable total impact.
Bulkhead: Bulkhead backfill will fill 8,086 sq ft of waters behind the existing
failed Bulkhead, which now connect to the Albemarle Sound. This area has
been rapidly lost through erosion over the past 16 months since the Bulkhead
failed. Given the extremely high, ongoing rate of erosion of approximately 35-
ft per year, this area requiring backfill is likely to increase while this Permit
Application is under review, and while a contractor can be attained to
undertake the work. Granting of the Permit request should connote the ability
to address the continuing erosion.
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Placement of bulkhead tiebacks and grading of uplands to slope to the top of
the bulkhead will result in soil disturbance of approximately 27,073 sq ft.
Driving of pilings and sheet -piles for the Bulkhead will result in minor,
temporary acoustic shocks within the water column. Driving or jetting of
pilings and sheet -piles will result in minor, temporary turbidity in the water
column.
Docking Facility Construction: Driving of pilings will result in minor,
temporary acoustic shocks within the water column. Driving or jetting of
pilings will result in minor, temporary turbidity in the water column. No
shading or disturbance of SAV beds is anticipated from the proposed in -water
construction.
Wetlands and Submerged Aquatic Vegetation: No wetland areas or beds of
submerged aquatic vegetation would be shaded by the Walkway or otherwise
impacted by construction activities.
Access: Access for equipment and materials is available through the tract to
the Areas of Environmental Concern in the vicinity of the proposed
development without crossing any Section 404 wetlands or coastal wetlands.
AVOIDANCE AND
MIMIMIZATION Applicant seeks to provide boat and swimming use, along with mooring
capacity on this lot with a pier, 6 mooring slips with associated mooring piles
and finger piers, a roofed boathouse with associated finger pier and boatlift, 2
jet -ski boatlifts with associated finger pier, a swim platform, and a boatramp
launch access pier. Location and alignment of these structures has been
selected based on the footprint of an existing remnant pier to minimize the
proliferation of water areas taken up by man-made structures, and based on no
observed presence of SAV beds along this alignment. Shading impacts are
minimized by keeping pier width, and platform areas to only 59% of that
allowed under the Rules of the Coastal Resources Commission. Shading
effects within the Albemarle Sound are further minimized by construction of
the pier with a height of 5-ft above the NWL, and by maintaining a north -
south orientation to the main pier, spreading the shadowing effect out
temporally as the sun transits from east to west.
Applicant seeks to provide erosion protection along what has recently become
an exposed and rapidly eroding shoreline due to the failure of the original
protective bulkhead along the Albemarle Sound. Applicant proposes to
achieve this through the construction of pile -supported vinyl sheet -pile
bulkhead located no more than 2-ft water -ward of the remnant, failed
bulkhead. Sedimentation and erosion control during construction will be
provided by construction sequence, with bulkhead construction being
completed, where possible, prior to disturbance of adjoining uplands, or the
placement of backfill. In addition, construction of bulkheads will include the
placement of filter cloth along the landward side of the bulkhead structures,
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extending landward a minimum of 6 feet from the exposed bottom of the
bulkhead. If jetting of bulkhead components is utilized, additional erosion
protection will be provided in the form of silt fence and/or turbidity curtain as
may be appropriate. If disturbance of uplands landward of the bulkhead
alignment is necessary before the bulkhead is in place, temporary silt fence
will be placed as needed. Stabilization of adjoining uplands will be addressed
by providing seeding of the disturbed areas at the completion of the land
disturbance. Shoreline stabilization with the bulkhead proposed will reduce the
prolonged turbidity along the shoreline, which has seen a pronounced and
protracted increase since the original bulkhead failed.
Applicant seeks to enhance accessibility and utilization of the existing
Boatramp by construction of a 15-ft wide roadway leading from uplands,
outside of the Coastal Shoreline AEC to the Boatramp by placement of a
gravel, shell, concrete or asphalt surface. This will minimize future
disturbance within this AEC from motor vehicles loosing traction on the
natural ground cover. Potential sedimentation run-off down the Boatramp will
be controlled by placement of silt fence across the entrance of the Boatramp
prior to placement of access road materials, and along the edge of wetlands in
the drainage ditch near to the access road footprint.
Applicant seeks to enhance accessibility to the docking facility through the
construction of a walkway from the pier at the bulkhead to a point outside of
the Coastal Shoreline AEC. This will minimize disturbance within the AEC
from the transport of gear and supplies to and from moored vessels. The
impact of this walkway will be minimized by restricting its width to 6-ft, and
constructing it above the ground level on wooden posts, with slatted wooden
decking to allow the ground surface below the walkway to continue to absorb
rain water flows.
CERTIFICATIONS
The project proponent hereby certifies that all information contained herein is
true, accurate, and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and
take action on this CWA 401 certification request within the applicable
reasonable period of time.
Sincerely,
Ted Sampson
Environmental Consultant
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