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HomeMy WebLinkAbout20071849 Ver 1_CAMA Permit Application_20071030~~~~ a ,~ z or-18x9 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 October 2007 D a SUBJECT: CAMA A lication Review ~ ~ ~~~`~-' PP O ~ T ~ ~~ G ZDOI APPLICANT: Darren Burros -'~TlANp3 ~ WAr~R ~~urr ~~D ,~ I'0,?q,' PROJECT LOCATION: Off SR 1358 on the northeast side of Ocracoke Village on ~'~'~~ Island, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 22' wide x 204' long wooden, pile supported bridge across Coastal Wetlands marsh to access an area of highground subdivided into six residential lots. Please indicate below your position or viewpoint on the proposed project and return this form by 16 November 2007. Please contact Steve Trowel at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date N~,~~Caro 'na /yatura~~y 943 Washington Square MaN, Washington, North Carolina 27889 Phone: 252-846-6481 1 FAX: 252-948.0478 1 Internet: www.n000astalmanagementnet/ An Equal OpportunAy 1 Affirmative Action Empbyer - 50% Regded 110% Post Consumer Paper • DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Darren Burris 2. LOCATION OF PROJECT SITE: The project is located off SR 1358 on the northeast side of Ocracoke Village on Ocracoke Island, Hyde County, North Carolina. Photo Index - 2000: N/A; 1995: N/A; 1989: 5-197-2: W-2; !984:148-370: W-16; State Plane Coordinates - X: 2,905,800 Y: 508,500 Ocracoke Quad. (Upper Left Corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/3/07 Was Applicant Present -Yes 5. PROCESSING PROCEDURE: Application Received - 10/25/07 Office -Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Hyde County Land Classification From LUP -Conservation (B) AEC(s) Involved: CW (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: None Planned - 6 septic tanks and associated drain fields (F) Type of Structures: Existing -none Planned - A 22` by 204' pile supported bridge over coastal wetlands. (G) Estimated Annual Rate of Erosion: N/A [AREA] 7. HABITAT DESCRIPTION: (A) Vegetated Wetlands ~ I 4,488 ft' shaded (Coastal Wetlands/marsh) (B) Uplands I 19, 000 ftz (C) Other (D) Total Area Disturbed:.3 acres or 13, 488 ft'- (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant proposes to construct a 22' wide x 204' long wooden, pile supported bridge across Coastal Wetlands marsh to access an area of highground subdivided into six residential lots. Burrus Island Darren T. Bumas Ocracoke Island Hyde County Project Setting The project site is located on Ocracoke Island at the end of Maurice Balance road, a gravel lane off Middle road off HWY 12 on Ocracoke Island in Hyde County, North Carolina. The 5.7 acre project site consists mainly of Coastal Wetlands and is part of a large expanse of Coastal Wetland marsh situated on the northeast side of Ocracoke Village adjacent the Pamlico Sound. This Coastal Wetland is characterized by having a large contiguous and homogenous stand of Spartina alterniflora that extends landward from the Pamlico Sound for several hundred feet before transitioning to a high marsh vegetated with Juncus roemerianus, Typlza an ustifolia, Distichlis s i~ cata a.nd S~artina ap tens. The tract is landlocked thus it does not have any shoreline along the Pamlico Sound. The uplands on the project site are vegetated with red cedar, wax myrtle, broomstraw, American beach grass and salt meadow grass. The woody vegetation is denser along the upland/wetland edges as the uplands have been cleared, filled acid graded at various times over the past few years. The largest area of uplands on the project tract was created, prior to permit requirements whereas two borrow ponds were dug in Coastal Wetlands for fill that was spread adjacent the ponds to forma 2.4-acre, square shaped upland. These uplands were once again filled acid graded by the owner this past July when fill material from a local project became available. The original excavation and filling activities did not include the filling of a vehicular access/road. The 2.4-acre square shaped upland has been subdivided by the owner into 6 residential lots. These 61ots have been approved by the Hyde County Sanitarian for septic tanks. The nearest uplands to the residential lots are 204' to the northwest, and appear to be a natural feature approximately 45' wide x 180' long extending into the Coastal Wetland. This natural upland is connected to the gravel lane known as Maurice Balance road and is the nearest available access to the residential lots. In ?005 the US Arm~~ Corps of Engineers (Action ID #200 10612) and the Division of water Quality (DWQ Project # QS-0202) authorized the excavation and filling of Coastal Wetlands to construct a road from these uplands to the residential lots. Project Description The applicant proposes to constrict a 22' wide x 204'long wooden, pile supported vehicular bridge over Coastal Wetlands. The bridge is proposed to be constructed 3.5' above the Coastal Wetland substrate as measured to the bottom of the bridge deck. The applicant proposes to both auger, jet and drive the bridge pilings to a depth of 12' below the wetland substrate. The access road on uplands is to be filled and graded then covered with gravel. The access road will end with a cul-du-sac providing access to the 6 residential lots. Anticipated Impacts The proposed bridge will shade out 4,488 ft2 of Coastal Wetlands. Construction of the access road will result in the filling and grading of 9, OOOft2 of uplands. Steve Trowell -Washington Regional Office - 26 October 2007 October 24, 2007 Darren T. Burros C. Dallas Burros, 111 PO Box 642 Buxton, NC 27920 To Whom It May Concern: We are requesting a permit for the purpose of building a 22'X204' bridge in order to access six private home sites on Ocracoke Island. Sewage permits, A US Army Corp. permit to fill and DWQ permits have all been obtained. For construction of the bridge, Hyde County building inspector is requesting and an Engineers stamp of approval. A North Carolina licensed Marine Contractor will be constructing the bridge. Enclosed are 27 copies of the permit application, a deed for the property and a check for $400.00 payable to DENR. If you have any further questions please contact Darren or Dallas at 252-475-0663. Cordially, Darren T. Burros ~~ ~-- .~.- ~~';'; C ~GOI ACM MP 1 APPLICATION for .~~~;~°~,~IwAi~ ~ ~~~lA~~~ Mayor Development. Permit o T -- , 8 4 9 .~ { (last rovlsod 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner Information Business Name Project Name (if appl icable) Burrus Island Applicant 1: First Name MI Last Name Darren T Burrus Applicant 2: First Name MI Last Name Calvin D Burrus, III If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 642 Buxton NC ZIP Country Phone No. FAX No. 27920 USA 252 - 995 - 4718 ext. 252 - 995 - 5727 Street Address (~f different from above) City State ZIP 48197 Frog Pond Ln. Buxton NC 27920- 0642 Email burrusre@earthlink. net 2. AgenbContractor Information Business Name Quibie & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Joe Lassiter Agent/ Contractor 2: First Name Mi Last Name Mailing Address PO Box City State 870 Kitty Hawk NC Zip Phone No. 1 Phone No. 2 27949 0870 252 - 261 - 3300 ext. - - e~• FAX No. Contractor # 252 261 1260 Street Address (if different from above) City State ZIP PO Drawer 870 Kitty Hawk NC 27949 - Email jassiter@quible.com <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3, Project Location County (can be multiple) Street Address State Rd. # Hyde Maurice Balance Rd. Subdivision Name Ciry State Zip N/A Ocracoke NC 27960 - Phone No. Lot No.(s) (if many, attach additional page with !!st) 252 - 475 -0663 ext. 2, 3, 4, 5, 6, & 7 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar Pamlico Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the Gosest major water body to the proposed project site. ®Natural ^Manmade ^Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ^No work falls within. Hyde County, Ocracoke 4. Site_Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) n/a 1111 142,189 sq. ft. f' %C..` 5 5 r3 =,~7~~1~r%~ v r ~ ~ . , . ~~~ c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 9,900 up to 38,000 sq. ft., ,see map , NWL (normal water lever) (If many lot sizes, please attach additionel page with a list) 1.9 to 5.0 ^NHW or ®NWL e. Vegetation on tract mixed of herbaceous upland and wetlands plant species f. Man-made features and uses now on tract two man-made ponds g. Identify and describe the existing land uses adjacent to the proposed project site. individual private home sites I h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? n/a (Attach zoning compliance certificate, if applicable) ®Yes ^No ^NA j. 1s the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. ^Yes ®No ^NA If yes, by whom? !. is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No ^NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i} Are there wetlands on the site? ®Yes ^No (ii) Are there coastal wetlands on the site? ®Yes ^No (iii) H yes to either (i) or (il) above, has a delineation been conducted? ®Yes ^No (Attach dacumentetlon, if available) n. Describe existing wastewater treatment facilities. Six individual septic permits issued by Hyde County o. Describe existing drinking water supply source. well water p. Describe existing storm water management or treatment systems. permit # storm water application being prepared 5: Activities and Impacts a. Will the project be for commercial, public, or private use? ^Gommercial ^PubliGGovernment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Construction of private road and bridge to provide access to single family, privately owned homes. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dump truck, backhoe, excavator or small crane, stored on upland road d. List all development activities you propose. A bridge and roadway for access to home sites e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 220' X 22 ®Sq.Ft or ^Acres g. UVill the proposed project encroach on any public easement, public accessway or other area ^Yes jlylio uN,a that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. n/a i, Will wastewater or stonnwater be discharged into a wetland? ^Yes ®No ^NA If yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No ^NA j. Is there any mitigation proposed? ^Yes ®No ^NA ff yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6 Additionallnformation /n addition to this completed application form, (MP=1) the follow(rtg Items below, if applicable, must be submitted !n order for the application package to be comp/efe. Items (a) - (fl are always applicable to anymajor development application. Please consult the application Instruction bookleton how to property prepare the required items below: a. A project narrative. b, An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any podion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is suffidently detailed to guide agency personnel unfamiliar with the area to the site, d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Lan ~ r±n~2tP Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACE Permit # 200510612, issued 03!03/2005 DWQ 401 Certification ~} DS^DZ.OZ- +4y~E Country h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission o Enter on Land t 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 the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal re~aiew 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. Date l ~ -- .Z y- ~ ~' Print Name ~/?/'/"c ~;I /.~tir/'t.s Signature Please indicate application attachments pertaining to your proposed project. pDCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ^DCM MP-3 Upland Development ^DCM MP-4 Structures Information Hm~fl1YK BRI06E8 antl 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. Please include all supplemental information. 1. BRIDGES ^This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ^Commercial ^Public/Government ®Private/Community N/A c. Type of bridge (construction material): wood e. (i) WIII proposed bridge replace an existing bridge? ^Yes ®No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge; (v) Will all, or a part of, the existing bridge be removed? (Explain} n/a d. Water depth at the proposed crossing at NLW or NWL: N/A f, (i) Wilt proposed bridge replace an existing culvert? ^Yes ®No If yes, (ii) Length of existing culvert: N/A (iii) Width of existing culvert: NIA (iv) Height of the top of the existing culvert above the NHW or NWL: N!A , (v) Will all, or a part of, the existing culvert be removed? (Explain) N/A 9• Length of proposed bridge: 204' i. Will the proposed bridge affect existing water flow? ^Yes ®No If yes, explain: NON REPARIAN %~• Navigation clearance underneath proposed bridge: n/a m. Will the proposed bridge cross wetlands containing no navigable waters? ®Yes ^No If yes, explain: Bridge cross coastal wetlands with no navigable water. h• Width of proposed bridge: 22' j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ^Yes ®No If yes, explain: i, Have you contacted the ll.S. Coast Guard concerning their approval? ^Yes ®No If yes, explain: n/a n• Height of proposed bridge above wetlands: 3.5' to bottom of deck 2. CULVERTS ®This section not applicable a• Number of culverts proposed: N/A b. Water body in which the culvert is to be placed: N/A ~a~f~~ s~9C ~_~ d~re~~sa a~o~ ~~ail~rs~-~yy ~a~o ~ axf ~~ < Form continues on back c. Type of culvert (construction material); N/A d. (i) Will proposed culvert replace an existing bridge? ^Yes ^No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. j. Will the proposed culvert affect navigation by reducin or increasing the existing navigable opening? Yes ^No If yes, explain: e. (i) Will proposed culvert replace an existing culvert? ^Yes ^No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will ail, or a part of, the existing culvert be removed? (Explain) 9• Width of proposed culvert: i. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? ^Yes ^No If yes, explain: 3. EXCAVATION and "FILL ®This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ^Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv} Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes ere checked, provide the number of square feet affected. ®CW ^SAV ^SB ^WL ^None c. (i) Wiil the placement of the proposed bridge or culvert require any high-ground excavation? ^Yes ®No if yes, (ii) Avg. length of area to be excavated: (iii) Avg, width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: (ii) rJescribe the purpose of the excavation in these aras: installation of bridge pilings by auger. ~~&"li'~ ~~ ~~- ~IIt;r3dJ~~s aroc9 C~a6veea~ts, ~a+~e? S of ~~ If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: N/A (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? ^Yes ^No (If no, attach a lettergrenting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ^Yes ^No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ^CW ^SAV ^WL ^SB ^None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? 7 ^Yes ®No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ^Yes ®No be placed within coastal wetlands/marsh (CW), submerged If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands (ii) Avg. length of area to be filled: tWL)? If any boxes are checked, provide the number of square feet affected. (iii) Avg. width of area to be filled: ^CW ^SAV ^SB (iv) Purpose of fill: QWL `~ None (ii) Describe the purpose of the excavation in these areas: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high-ground? ®Yes ^No If yes, (ii) Avg. length of area to be filled: ~QQ (iii) Avg. width of area to be filled: .~ 0 ~ (iv) Purpase of fiIL construct private roadway to lots 4. GENER~4L I a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ^Yes ®No detour structures? QYes ®No If yes, explain: If yes, explain: If this portion of the proposed project hes already received approval from local authorities, please attach a copy of the approval or certifrcation. c Form continues on back ~~Ir~"d ~ "~°+2 6~7~S~~s9~ ~1fi9~ ~i8.fl~~4~'9"$.{a' l~~we ~.~ ~D'4`' ~~ c. Will the proposed project require any work channels? ^Yes ®No !f yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? truck, backhoe, excavator, & crane d. How will excavated or fill material be kept on site and erosion controlled? Silt Fence f. Will wetlands be crossed in transporting equipment to project site? ®Yes ^No If yes, explain steps that will be taken to avoid or minimize environmental impacts. wood mats and silt fence g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ^Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 10/1 /07 Date Burrus island Project Name Darren T. Btarrus Applicant lame Applicant Signature ~ ~l ~ ~ 200? )~N~ ~ WA~~;~~ ~ ~RPi AllI1S SID S N/F R.S. WAHAB M,B. 1, PG.5i 07 1 849 OWNER: DARKEN AND DALE BURROS ~~ P.O. BOX 642 305 SOFT. /5.88 ACRES (COORD.MEIH) 1 -AREA .255 BUXTON, NC 27920 PHONE 252-995-4718 , 2 _ ~ ~~pm IN D.B. 92, PO 813, M.6.1, PG. 51 3 _ ADDITIONAL RECORDED INFORMATION; P.C. A, SL 1358; M.B. i, PG. 15A; AND P.O A, SL 89 B2 4 - iHS SURVEI' IS SUBJECTED TO ANY EASEMENTS THAT A MORE THOROUGH TITLE SEARCH MAY IkICOVER. 5 -THIS SURVEY IS BASED ON EgS11NG MONUMENTATION AND RECORDm INFORMATION AS SHOWN HEREON. 6 -BASED ON MERIDIAN A-B WETLAND LIMITS r ""~` ~ ~ GAP POINT ECM SET BY W OWNER U ~`^^ nnn vai ^ n n ~~ ~C ' W 0 n~.i nnn n f W ~ v \ INLET ~ U' ,gP ~~ .nnnnn. ~ ~..~.• ATLANTIC OCEAN ~I W 485.80' v '~ `ENCROACHING '~! WIRE FENCE ECN o r~l+ rnE uti~7 a r so' F~,~ 1 -J L-------- EIP 3.00' • ~ "~YT EIR 54325$S'E 350.13' S43'25'35'E ~~ ~ 1 WAEAB VIILA(~ j~p~p ~ UNIMPROVED ~ ~~~~~~~~~ 50'R .~~ ~ N4b~11 ~~ i. 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VIOLATION WILL BE SUBJECT TO LEGAL AC110N ~'~,~ O Q _Z 5 ~ O U W ~ ~ aQ~Z Z ~ ~ U O W W ~ ~ ~ a Q ~ v~ a 5 a N a m ~ c=n o o¢~Y ~ Z U ~ Q ~ ~ W U ~ O caMMls~aN ~• P04135 oESCNEO BY JSL DRAWN BY AZ CHECKED BY JSL ISSUE DATE 10-22-0] BRIDG~gQ,~,(~l Q~ N.T.S. BRIDGE CROSS LENGTH) BIo N.T.S. -~ `--~r~ ~~''