20061703 Ver 1_CAMA Application_20061026

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, 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: 25 October 2006 0 W[
SUBJECT: CAMA Application Review 0 IC T 2 6 2006
APPLICANT: Byron Midyette
DENR - WATER QUALITY
WETi ANDS AND STOl7fM1WATER BRANGin
PROJECT LOCATION: Off SR 1737 at 233 Robert Jackson Road on a man made canal off the
Pamlico River east of St. Clair Creek in Beaufort County near Bath, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a bulkhead across the head of a man
made canal and backfill an area of Coastal Wetlands.
Please indicate below your position or viewpoint on the proposed project and return this form by 14
November 2006. Please contact Steven J. Trowell at 252-948-3854, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY
Signed
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.
Date
NAhCarolina
Namrally
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net/
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT plo - I '? b 3
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hilton Waters/Sammy Marshall
2. LOCATION OF PROJECT SITE: The project site is located off SR 1737 at 233 Robert Jackson Road on a
man made canal off the Pamlico River east of St. Clair Creek in Beaufort County near Bath, North
Carolina.
Photo Index - 2006: 105-8502;0 - 6 2000: 105-1306; Q - 6 1995: 105-1124; P-16
State Plane Coordinates - X: 2,683,500 Y: 618,400
Ransonville Quad. (Lower left corner)
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: • Dates'of Site Visit, 17-Octobef 2006
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received -16 October 2006
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County
Land Classification From LUP - Urban Transition,
(B) AEC(s) Involved: CW,PTA,EW,CS
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - N/A
(F) Type of Structures: Existing Residential home, bulkhead, dock
Planned Bulkhead, and fill
(G) Estimated Annual Rate of Erosion: Unknown
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
(Coastal Wetlands) ±1,435 ft2
(B) Uplands
(C) Other
(D) Total Area Disturbed: ±1,435 ft2 0.03 ac.
(E) Primary Nursery Area: No
(F) Water Classification: SB NSW Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a bulkhead across the head of a man made
canal and backfill an area of Coastal Wetlands.
Hilton Waters/Sammy Marshall
Canal off Pamlico River
Beaufort County
Project Setting
The project site is located off SR 1737 at 233 Robert Jackson Road on a man
made canal off the Pamlico River east of St. Clair Creels in Beaufort County near Bath,
North Carolina. The project site is at the head of the man made canal bordered by the
subdivision road and two residential lots on opposite sides. Both residential lots are
developed with bulkheads and maintained yards vegetated with upland grasses and
various hardwood trees. The bulkheads on these residential lots were permitted within
the last two years and stop short the bowl at the canal head. The lot on the north side of
the canal is the primary residence for the coapplicant Mr. Hilton Waters. His lot contains
a residence and a storage building/chicken coop. There is a boat dock waterward and
adjacent the bulkhead on Mr. Waters lot, downstream of canal head approximatelySO'.
The lot on the south side of the canal is owned by Sammy Marshall. This lot is vacant of
a residential structure at this time.
Water depths in the canal average 3' below the normal water level and shallow to
zero in the canal head. The canal appears to have been dug in highground due to the
surrounding highground (±6') elevations. The area in the canal head has accumulated
sediments from upland runoff and high tide events forming a fine organic bottom
substrate. The accumulated sediments have led to the pioneering/opportunistic growth of
a Coastal Wetland vegetated primarily with narrow-leaved cattail Qpha an usti olia)
and giant cordgrass (S aU rtina cynosuroides). This area is approximately 35' x 41' and is
oval in shape. This shape likely resulted from the ±6' high canal bank sloughing into the
canal. Some drainage from the subdivision road and adjacent lots flows through this area.
The canal and Pamlico River are designated as a Coastal Waterbody by the
Division of Marine Fisheries and as SB NSW by the Environmental Management
Commission at this location.
Project Description
The applicants propose to construct a 4' tall x 19' long bulkhead across the head
of the canal from the corners of the existing bulkheads on either side in a straight line.
The bulkhead alignment will be along the normal water level waterward of the Coastal
Wetland. The applicants propose to backfill the bulkhead to the subdivision road
shoulder. A shallow swale is proposed in the center of the backfilled area to capture
runoff from the subdivision road. The applicants propose a rock check dam in the swale
near the gravel road, to slow the velocity flow and prevent sediments from reaching the
canal.
Project Impacts
The proposed project will result in the filling of 1,435 ft2 of an opportunistic
Coastal Wetland growing atop accumulated sediments in the head of a man made canal in
highground. There will be some localized turbidity during installation of the proposed
bulkhead.
Steve Trowell - Washington Regional Office - 24 October 2006
FOR PERMITS TO DEVELOP IN NORTH CAROLINA'S COASTAL AREA
COMPLETE THIS
FORM TO BEGIN
THE APPUCATION
PROCESS UNDER
THE LAWS LISTED
BELOW:
STATE
Coastal Area Management Act
(CAMA)
N. C.G.S. 113A-118
Dredge and Fill
N.C.G.S. 113-229
Water Quality Certification
N.C.G.S. 143-215
Easements in Land
Covered by Water
N.C.G.S. 146-6; 146-12
FEDERAL
Construction, Dredging,
Filling, or Other Work in
Navigable Waters
Section 10 of the Rivers and
Harbors Act of 2899
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Discharge Dredged or 3o1? ?y
Fill Material into any
Waters or Wetlands
Section 404 of the
Clean Water Act
DIVISION OF
COASTAL
MANAGEMENT
North
Carolina
Department of
Environment
& Natural
Resources
Forms DCM-MP-I-MP-6
JANUARY 1995
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N.C. Division of Coastal Management
Eliza beth City District
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Raleigh Headquarters A
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P.O. Box 27687 -----?. `2 ??'
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Northern
Raleigh, NC 27611-7687 i Reserve
Tel. [phone] aer?a Office
FAX [phone]

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W aahinQton / TY Dam
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Washington District Beaufort
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Craven
Pamlico
orwo !i Canyrot 'rReserve Education Office
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Morehead City
District
Pander
New
-' Wilmington District
Bnuuwick ` Reserve Coordination Office
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Field Offices i
Elizabeth City District Morehead City District Reserve Education
1367 U.S. 17 South 151-B Hwy. 24 P.O. Drawer 1040
Elizabeth City, NC 27909 Hestron Plaza 11 Beaufort, NC 28516 Northern Reserves
(252) 2643901 Morehead City, NC 28557 [phone] c/o Town of Kitty Hawk
FAX: [phone] [phone] FAX: [phone] P.O. Box 549
FAX: [phone] Kitty Hawk, NC 27949
Washington District Wilmington District Reserve Coordination [phone]
943 Washington Square Mall 127 Cardinal Drive Ext. 7205 Wrightsville Ave. FAX: [phone]
Washington, NC 27889 Wilmington, NC 28405.3845 Wilmington, NC 28403
[phone] [phone] [phone]
FAX: [phone] FAX: [phone] FAX: [phone]
THE MAJOR DEVELOPMENT
PERMIT PROCESS
MAJOR DEVELOPMENT
The Coastal Area Management Act (CAMA)
authorizes the Division of Coastal Management
(DCM) to manage development in Aree° of
Environmental Concern (AECs) in North
Carolina's 20 coastal counties. These AECs
encompass oceanfront, soundfront and riverfront
areas, as well as some special water supply and
unique geologic areas. Any activity involving
construction, excavation, filling or other land
disturbance within an AEC is considered
development and requires authorization under
CAMA.
A project is considered major development if it
requires another state or federal authorization
(permit license, etc.), involves alteration of more
than 20 acres of land and/or water, or involves
the construction of one or more structures
covering a ground area greater than 60,000
square feet within an AEC. Projects usually are
considered major development if they involve:
excavation, filling or construction in public trust
waters or wetlands within an AEC; or activities
disturbing more than one acre of land. Such
projects must be authorized by a CAMA Major
Development Permit.
MAJOR DEVELOPMENT PERMIT
The Major Development Permit process covers
application for authorization needed under
certain state and federal laws. State
authorizations needed include: Coastal Area
Management Act, Dredge and Fill Act; Water
Quality Certification; and Easement in Public
Trust Areas. Federal authorization include:
Rivers and Harbors Act (Section 10, Navigable
Waters) and Clean Water Act (Section 404,
Jurisdictional Wetlands). The state review is
coordinated by DCM and involves the divisions
of Environmental Management, Water
Resources, Land Resources, Marine Fisheries,
Environmental Health, Archives and History and
Community Assistance, as well as the Wildlife
Resources Commission, the Department of
Administration and the Department of
Transportation. The federal review is
coordinated by the Army Corps of Engineers
and involves the Environmental Protection
Agency, National Marine Fisheries Service, and
the Fish and Wildlife Service.
Each project also is reviewed for compliance
with local regulations and for consistency with
the local government's land use plan. The
CAMA land use plan sets forth the community's
policies regarding development and identifies
land classifications where certain activities may
or may not be allowed. A conservation land
classification for example typically is very
restrictive where developed or community
classifications are not.
The application review process begins the date
DCM receives an application that is complete.
That review takes approximately 75 days;
however, DCM is allowed an additional 75
days, by law, if more time is needed. An
application also may be put on hold, and the
review delayed, if more information is needed to
complete the permit file.
A permit application will be denied if the project
is inconsistent with any state, federal, local
regulation, or the CAMA land use plan. If the
application is denied, the applicant may file for
an appeal within 20 days of the decision.
If the project is approved, a major development
permit will be issued. Typically, the permit will
list specific conditions or restrictions on the
development. The project must be constructed
according to the permit and any changes will
require modification of the permit.
Major development permits are valid for a
period of three years and typically expire on
December 31 of the third year. if the project is
not completed within that time, the permit may
Revised 03/95
be renewed at the applicant's request. Any
changes in ownership of the project will require
a transfer of the permit at the discretion of the
Director of the DCM.
THE PERMIT APPLICATION
An application package for a Major
Development Permit should consist of : 1) a
completed application form; 2) a narrative
description of the project, including its proposed
use and construction methods; 3) detailed work
plat(s) that have been signed and dated and that
show a plan view and cross-sectional drawings;
4) a site map that shows the location and/or
gives directions to the project site; 5) a copy of
a deed or other proof of ownership for the
project site and authorization from the property
owner, if applicable; 6) a stormwater
management plan, sedimentation and erosion
control, plan, sewage treatment plan or special
use permit. if applicable: and 7) a $250,
$400, or $475 application fee by check or money
order made payable to the North Carolina
Department of Environment & Natural
Resources (NCDENR).
This application form consists of a basic
information section and specific subsections for
various types of development. The basic
information section should be completed by all
applicants. The appropriate subsection(s)
(Excavation and Fill, Upland Development,
Structures, Bridges and Culverts, and Marinas)
should be completed to provide information
about the proposed development. All of the
information in these sections should accurately
correspond with the.submitted work plat(s).
Excavation and Fill (1DCM-MP-2) information
should include all dredging and excavation work
or filling in public trust waters or wetlands. All
excavation depths should be expressed in
number of feet below the elevations of mean low
water (MLW) or normal water level (NWL).
Any fill in water or wetlands should also be
clearly shown on the plat(s).
Upland Development (DCM-MP-3) includes all
land disturbing activities, such as grading, filling
and construction of buildings. Critical issues to
be reviewed in this section are the amount of
impervious surfaces within the Estuarine
Shoreline AEC and the. control of stormwater
runoff and erosion on the project site. For
oceanfront development, you should show the
appropriate setbacks, any impacts to public
beach access, and indicate when the property
was platted.
Structures (DCM-MP-4) information includes
all structural development in public trust waters.
This Includes piers, docks, boathouses,
bulkheads, groins, breakwaters and mooring
structures.
Bridges and Culverts (DCM-MP-S) section
should include all road crossings of public trust
waters or wetlands within the project area.
Impacts to traditional navigation or drainage
patterns will be carefully considered in the
review of this type of development proposal.
Marina Development (DCM-MP-6) section
applies to all facilities providing dockage or
mooring for more than ten boats. The area of
public trust waters impacted, the number of slips
provided, and the waste-handling facilities to be
provided will be carefully considered.
NOTE: Contact the appropriate Regional Office
(see map) for pre-application meetings and
assistance in completing any portion of this
application. Also, see DCM-MP-1, Section 5 of
the application form for other instructions.
Revised 03/95
Form DCM-MP-1
APPLICATION'
(To be completed 'by all applicants)
1. APPLICANT
a. Landowner:
'?/L
?lT?n,Ltla?S l ?Afila ?! /?IQIS/?Q.(?
Name
Address _o?3 ?kor/ T4ck56,, 1-2?ak
City State
Zipa790 $ Day Pho e 941Y 76.30
Fax
b. City, lRwn, ?pmmuni or landmark
c. Street address or nddary ad numb r
d. Is proposed work within city limits or planning
jurisdiction? Yes No
e. Name of body of water neafest?proje&et rive ,
creek, sound, bay) 1``00 art//yea hrd?/
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name?PyfB7^ M/?/UP,L/'? SE?SK?'iPQ/`GN? a.
Address __ /? ?• 0??3
City BA-Xk State Al C
Zip i97 80f- Day PhoO 3 3-
Fax a 5-2 9 1-3 0 773
l A?? b
c. Project name (if any)
N07F. Permii will be issued in name of landowner(s), and/or
project mane.
2. LOCATION OF PROPOSED
PROJECT
a. County ? /-?
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/ or fdliqg active ies.
t
b. Is the proposed activity maintenance of an exist' g
project, new work, or both? A/P We
c. Will the project be,for public, private or commercial
use? PI'!??4-1??
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 DUN- 4tl
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract / 0 'k.,
b. Size of individual lot(s) i o AC
c. Approximate elevation of trai above MHW or
NWL 7
d. Soil type(s) antexture(s) of a
e. Vegeta ion n tract '061 a4vt4
A N. A twde6c ?# 7q_1 215*1
S s
pio/
f. Map-Mao
features now on tract
toQ J Aldal
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract 2 ed by local government?
L Is the proposed project consistent with the ap licable
zoning? Yes No
(Anach zoning compliance cerrificate, if appli= V6)
J.
Has a professional archaeological
done for the tract? Yes
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _X_ No
1. Are there wetlands on a site? X Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Anach doarmauadon, if available)
aVpment been
y No
m. Describe existing wastewater treatm nt facilities.
c6lw dem '-s-AeLl .,VA;aAC, YGS76-
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, 'wash
down" and resid??PPtial discharges.)
o. Descr' a ext ing car' g water Z y source.
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 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Pkase 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
Revised 03195
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater CertiCcation, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit. .
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed

'
on the proposed project to the Division of Coastal activity complies with the State of North Carolina
s
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name 7q ?&4 doA f1Va?-&,-
-
? I certify that I am authorized to grant, and do in fad,
es of state and federal
ntati
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s
t
i
t
n
s
Address 4 Z 57 v
perm
ss
on
o repre
e
gran
r IF If
Phone 5` 54 review agencies to enter on the aforementioned lands in

k a ° connection with evaluating information related .to this
Name _,. r permit application and follow-up monitoring of the
Address 1:3 146 fo C project.
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
idle. ?li(ars c?„Gl
?$?RR?-? !??'N gars
• A check for $250 $400 $475 made
payable to the Department of Environment &
Natural Resources (NCDENR) 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 K.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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of 7- W--
Print Name 494A Vick- rs
Signature Akil w G?• --
Lm&dm~r or Authorized Agent
?lease indicate att
)roject.
t! DCM MP-2
_ DCM MP-3
DCM MRd
_ DCM MP-5
_ DCM MP-6
achments pertaining to your proposed
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
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