Loading...
HomeMy WebLinkAbout19860044 Ver 1_COMPLETE FILE_19860101Permit Class Permit Number NPW STATE OF NORTH CAROLINA U-A7 Department of Natural $ Community Development i'fo ? ® Maior_ e I ntl;in Con t ' taD1 D Excavatio .11k11. 12 6 to NCGS 113-229 Issued to Charles L. Burlage, Sr., 800 Atlantic Ave., Virginia Beach, VA 23451 authorizing development in Dare County at Ocean beach at Southern Shores and Kitty Hawk . _ as requested in the permittee's application dated 7/9/86 including attached "Site Plan-Kitty Hawk Hotel" dated rec. 10/2/86, "Section A-A", no date and Attachment to Application...", no date. 3l2 / 8 This permit, issued on , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) For the purpose of determining the setback, the first line of stable natural vegetation must be established by a representative from the D.C.M. no longer than 60 days prior to the commencement of construction. (2) In order to avoid unreasonable danger to life and property, all development shall be designed and placed so as to minimize damage due to flunctuations in ground elevation and wave action in a 100 year storm. Any building constructed within the ocean hazard area shall comply with Appendix D, "Windstorm Resistive Construction", of the North.Carolina Residential Building Code, except that when any provisions of that appendix are inconsistent with any of the following AEC standards, the more restrictive provisions shall control. (3) All structures in the ocean hazard area shall be on pilings not less than eight inches in diameter if round or eight inches to a side if square. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1990 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Charles L. Burlage, Sr. Permit #52-87 Page 2 of 3 ADDITIONAL CONDITIONS (4) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. (5) All foundations shall be adequately designed to be stable during applicable flunctuations in ground elevation and wave forces during a 100 year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break-away without structural damage to the main structure. (6) All pilings shall be appropriately treated to resist decay, insects and corrosion. (7) The lowest portion of the structural member of the lowest floor (excluding the pilings or columns) shall be elevated to or above the 100 year storm elevation. (8) All exposed structural connections shall be adequately rustproofed or enclosed. (9) All utility systems shall be located and constructed as to minimize or eliminate storm damage. (10) All walls below 100 year base flood level shall be designed and installed to: (a) allow storm waters to rise and flow freely under the structure, (b) not permit the breakaway walls themselves to become water-borne debris, and (c) not cause the accumulation of water-borne debris. Break-away walls shall be intended to collapse under stress without jeopardizing the structural support of the structure. NOTE: That in signing this permit the applicant acknowledges that he is aware. ofthe risks associated with development in this hazardous area and limited suitability of this area for permanent structures. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. NOTE: Where oceanside lighting is required, alternatives include shading, screening, or replacing fixtures with modern alternative light sources are recommended in order to help reduce disorientation of hatchl nq sea turtles by artificial lighting. It is further recommended that parking lots, streets, tennis courts, walkways, dune crossovers, pools, and other areas requiring lights be illuminated with light fixtures located close to the ground to minimize casting direct light on the beach and dunes. NOTE: An Erosion and Sedimentation control plan will be required for this project. This plan must be filed at least thirty (30) days prior to beginning any land disturbing activity. Submit this plan to the Department of Natural Resources and Community Development, Land Quality Section, 1502 North Market Street, Washington, N.C. 27889. NOTE: The,permittee is advised that plans and specifications of all water system improvements must,be approved by the Division of Health Services prior to the award of a contract or the initiation of construction (as required by 10 NCAC 10D .0900 et. seq.). For information, contact the Public Water Ak" Charles L. Burlage, Sr. ADDITIONAL CONDITIONS Supply Branch, (919) 733-2460. Permit #52-87 Page 3 of 3 NOTE: The Division of Environmental Management issued non-discharging wastewater treatment permit #13216 on May 16, 1986 for a .111 MGD waste treatment plant discharging into a drain field (see site plan). NOTE: The ocean front parking area will be in strict accordance with project plans, i.e., it will not extend oceanward of the inland-most existing bulkhead. i .. ?! ? ? v iaSUTIo? - OCT 16 1986 COAST RUS pOIA#A.. °" ?• ""'.,? °,: o0 Stat f North Carolina ?C gu' ent of Natural Resources and Commu?iity Development Departm Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 David W. Owens James G. Martin, Governor Director S. Thomas Rhodes, Secretary October 7, 1986 Mr. R. P i ms, rector Div ion of Environme talManagement sleigh, North Caroli a-----?--" Dear Mr. Wilms: The attached copy of an application' submitted b'y: CHARLES BURLAGE Applicant's Name Southern Shores and Kitty Hawk, adjacent to Atlantic Ocean, Dare Location of Project County.. for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... X for a CAMA major development permit (only) ••• is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your vie oint on October 8, 1986 the proposed work and return it to me not later than Sincerely, 17 X vu-- h R. Parker, Jr., Chief Major Permits Processing Section JRP:ap:2480 PO Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION n Federal CAMA Permit(s) from _. A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity-after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a,result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required. for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is.certified under General Certification A) No. 1179 issued on January 2591 D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal. construction. areas. j WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT WQ Section NKDATA DF/CAMA/40i REV DATE 10/15/86 ACTION > ADD FILE 7 DFCAMA40i PSWD > FORMAT > NRDFCAMA TEXT RCD > 00128 ACTION = ADD. ENTER THE DATA TO DE STORED FRD DATA PRO.JO: 00127 PROJ: DURLAGE. CHARLES COUNTY DARE REGION: 07 ASSIGNED TO: WJM JOINT NOTICE: N TYPE CERTI ICATION RECOMMENDATION DATES YYMMDD 404 PN: 401 REQ: ISSUE: Y RECEIVED: 861008 CAMA ONLY: Y GC: DENY: INITIAL REPORT: DF/CAMA: GC: HOLD: FINAL REPORT: 861015 RECEIVING STREAM: ATLANTIC OCEAN CLASS: SB BASIN: PAS COMMENTS SITE LOCATED AT INTERSECTION OF ER 1200 AND US 156 AT KITTY HAWK' 14-ACRE SITE WITH EXISTING FISHING PIER. PIER HOUSE. PARKING AND 2 BULKHEADS APPLICANT PROPOSES TO CONSTRUCT A 259-UNIT MOTEL_ WITH PARKING WASTE WILL BE TRIBUTARY TO 3 25 MGD TREATMENT PLANT (NON-DISCHARGE PERMIT ISSUED BY DEM) STORM WATER PLAN PREPARED BY QUIBBLE AND ASSOC. AND REVIEWED BY W,JMOORE COPIES: WARO-CENTRAL-MILLS-WOOD RECEIVED OCT 1.6 06 ? ?ATr?, ?yf,J` ??. MEMORANDUM. ?l o TO: Bill Moore FROM: George H. Wood SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit DATE: October 7, 1986 Attached is an application by CHARLES BURLAGE which was received by me on 10/2/86 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. MEMORANDUM TO: Bill Moore FROM: George H. Wood SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit DATE: October 7, 1986 Attached is an application by CHARLES BURLAGE which was received by me on 10,2/86 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. , OFFTCE OF COAS'T'AL MANACEMENT `y FIELD INVESTIGATION Rt'PMT VC`' 1. Applicant's name CHARLES BURLAGE 2. Location of project site Atlantic Ocean at town limits of t 4M SRQres and Kitty Hawk. 84 series #138-443-1b-H 17-URT-Ml 3. Investigation type: Dredge 6 Fill CAMA X 4. Investigative procedure: (A) Dates of site visit 12/13/84 8/5/86 yes ,(A) Was applicant present yes 5. Processing procedure: Application received 10/2/86 OfficeElizabeth City 6. Site description: (A) Local Land Use Plan Southern Shores and Kitty Hawk Land classification from LUP leveioped Development constraints identified in LUP nune 6(B) AEC(s) involved: Ocean Hazard X Estuarine shoreline Coastal wetlands Public trust waters Estuarine waters Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private Commercial hotel (E) Type of waste water treatment: Existing (F) Planned .125 MGD•sewage treatment plant and drainfields Typo of structures: Existing pier house and pier and some abandoned commercial structures Planned Hotel (C) Estimated annual rate of erosion 21 Source. CAMA 7. Habi tat description: AREA (A) Vegetated wetlands: Dredged Filled Other s (B) Non-vegetated wetlands: (C) Other: highground 14.4 acres (D) Total area disturbed: 14.4 acres 8. Project summary The applicants propose to construct a hotel adjacent to the Atlantic Ocean at the town limits of Southern Shores and Kitty Hawk. CHARLES BURLAGE BID REPORT PAGE 2 SITE DESCRIPTION: The applicant's property is approximately 14 acres of sandy highground which is situated adjacent to the Atlantic Ocean and extends across the town limits of Kitty Hawk and Southern Shores. The triangular portion of property which is within the Town of Kitty Hawk extends oceanward of U.S. 158 Business. Currently this parcel contains three abandoned commercial structures, an active ocean fishing pier, pier house and parking and two parallel oceanfront bulkheads with some wooden jetties. The portion of the property within the Town of Southern Shores is east and west of N.C. S.R. #1200, but landward of the oceanfront strip (see Tidewater Realty for permit issued oceanward of this project site). There are no existing structures on this portion of the property. The project site can generally be described as a rolling sandy oceanfront tract with elevations ranging from 7.5 feet to 20.6 feet above mean sea level. The sandy beach has been severely.aff ected by foot traffic and the first line of stable natural vegetation had to be extended from undisturbed sections of beach on either side of the project site. The two parallel beach bulkheads with some wooden jetties has resulted in a stable beach with the estimated annual erosion rate assigned as the minimum which is two feet. Proposed for this site is the construction of a 259 room hotel, parking and a .125 MGD sewage treatment plant. The existing abandoned commercial structures will be removed, however, the active ocean fishing pier, pier house, wooden bulkheads and jetties will remain. Also requested is authorization to repair the existing bulkheads, jetties, pier and pier house, though no repair is required at this time. The five story hotel will be constructed landward of the 60 X setback and land- ward of the bulkheads and any significant dunes. Existing parking between the 60 X and 30 X setback will be improved with.all parking spaces constructed with semi- permiable turfstone paving blocks. All driveways and entrances will be asphalt. A storm water management plan has been submitted to the D.E.M. and a copy of this ° plan is included as sheet no. 1. The waste water treatment facility will be con- structed on a sandy parcel on the northern portion of the project site. Its capacity is .125 MGD and will involve the use of subsurface drainfields. Water will be supplied by the regional water system. Since the bulkheads, jetties, pier and pier house do not require repair at this time, it is inappropriate to consider this portion of the proposal at this time. This determination can only be made when these structures require repair. Continued beach access will be.availabl,e due to the retention of the existing public fishing pier. Submitted by: George H. Wood Date: October 6, 1986 CHARLES BURLAGE BIO REPORT PAGE 3. ANTICIPATED IMPACTS: The construction of the hotel will involve the disturbance of multiple acres of oceanfront and care must be taken to insure that the area is stabilized. The D.E.M. is currently reviewing the storm water management plan to determine its adequacy. Some concerns which should be addressed by local governments are: - the adequacy of traffic patterns to prevent tie ups at this busy intersection. - the availability of potable water during peak periods. - the adequacy of firefighting capabilities and the availability of sufficient water to combat a fire. - the insurance of continued beach access. CAMA REVIEW: The project site is classified as developed in both the Kitty Hawk and Southern Shores LUP. The proposal is consistent with that classification. Submitted by: George H. Wood Date: October 6, 1986 R IOR PERMIT TO EXCAVATE AND/OR FILL WATER bUALITY CERTIFICATION -EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT beoaftrnent of AdminlstrattoO, State of North Carotins ' beparirneni of the Arenv (GS 146.12) Department of Nslunl Retourtet and Cofntnunity beveloprnMt Corm of Enolneers. Wilmington olttrtet (GS 113-229. 14.1.215.301111, 143-215.3tel, 113A•118 (33 CF R 209.320.3291 1?qU Please type or print and fill in all blanks. If information is not i'tS irNa/bit, so indicate b)• placing N/A in blank. Olt- 1. Applicant Information A. Name-----___- Burlape,Sr. Charles Last First Middle B. Address 800 Atlantic Avenue ' Street, P. O. Box or Route Virginia Beach, VA ,- -- - - - 23451, (804) 428-7033 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County. nnva f?. 1. City, town, community or landmark --.`Southern Shores and Kitty Hawk 2. Is proposed work within city limits? Yes.. X...No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Atlantic Ocean 111. 0e5cription of project Fishing Pier A. 1. Maintenance of exlstinll project Bulkhead. 2. New work Hotel & Restaurant 8. Purpose of excavation or fill 1. Access channel length depth 7. float basin -length ----- wIdth,.....,..dep1h 3. Fill area Building •Foundationlemph 380' width 4....8.. ,.,.depth 1 r tp 4' 4. Other` length,.,..,.,.8' width 4.....80 r...., depth 12' - 32' C. 1. Bulkhead length 538' Average distance waterward of MHW (shoreline) See attachment 2. Type of bulkhead Construction (material) Treat:ed. ?.Umber D. Excavated material (total for project) Any cut material to be used for fill on site. 1. Cubic yards NSA 2. Type of material - N /A_. E. Fill material to be placed below MHW (see also VI. A) - 1. Cubic yards - -None ......2. Type of material -. N/A IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes - No ` X 8. Does the dispotal area include any marshland, swamps or other wetland? Yes No ?X C. Disposal Area 1. Location N/A - 2. Do you claim title to disposal area? . N/A . D. Fill material source if fill 'is to be trucked in Local, 1, San„ , d E. Now will excavated material be entrapped and erosion'controlled? --N/A F. TVpe of equipment to be used dozer - Dump Truck ...?......?...?.._..._ G. Will marshland be crossed in transporting equipment to project site? If yes, explain No DA r.141 Rev. 10170 2. Commercial privately owned hotel and fishing pier 3. Housing Development or industrial 4. Other 13. 1. lot sire(s) 2. Elevation of lot(s) above mean high water B/W 7.5' and 20.6' mean sea level. 3. Soil type and texture newhan fine sand & beach foredune association, fine texture 4. Type of building facilities or structures concrete and steel 5. Sewage disposal andior waste water treatment A. Existing Planned X 6. Describe -0.125 MGD sewage treatment plant & subsurface drainfields 6. (Land Classifieation'(circle one) EVELOPE TRANSITIONAL COMMUNITY RURAL CONSERVA ON OTHER (See CAMA Local Land Use Plan Svnor VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X 13. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-"-No -X 2. Type of discharge N/A 3. Locatieh of discharge N/A VII. Present rate of shoreline erosion (if known): ?feet/year VIII. List permit numbers and Issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, If applicable: ?N/A IX. Length of time required to complete project- 14 months X. In addition to the completed application form, the following Items trust be provided: A. Attach a copy of the deed (with State application only)'or other Instrument under which applicant claims title to the,affected property. OR if 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 on his land. 9. Attach an accurate work plat drawn to stale on ll'h X-1 V white paper (see Instruction booklet for details). Note: Original drawings preferred • only high quality copies accepted. C. A copy of the application.and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served • D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. " Mr Elmer W..R er 10 f3 . Main-St. Elizabeth Ci-ty, N C. -27909 Kitt- Hawk Investment Corp., P'.0. Box 229, Kitty Hawk, N. C. 27949 XI. Certification requlrernent: 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. t Xli. Any permit Issued pursuant to this application wilt all* only the development described in this appll- cation and plat. Applicants should therefore describe itl the application and plat all anticipated devel- opment activities, including construction, excavation,111ing, and land clearing. 'i DATE 9 pplicant's igna ure 7 .1 . I ' 1111"D RSEE REVERSE SIDE FO'R MAILING INSTRUCTIONS Rot ATTACHMENT TO APPLICATION FOR MAJOR CAMA PERMIT Item III.A. The existing wood bulkhead located between the vegetation line and-mean high water will be maintained in a manner such that the present condition of construction will be preserved, i.e., replacement of 2 x 8's, etc.. No repairs are required at this time. Item IIL.C. Top of existing bulkhead is about 12.0' elevation m.s.l..; bulkhead averages 140 ft. west of mean high water. Items IV. A & B; Excavation in some parking and driveway areas may occur; fill material in area of building will be required; however no excavation or fill will occur below M11W. No repairs are currently proposed for the fishing pier or pier house. Future maintenance is expected to occur when needed to preserve present condition of pier and pier house. ADDENDUM TO ITEM X. d. Adjoining owners to Waste Disposal Plant: Mr. Charles K. Hayes, Kitty Hawk, N. C. Mr. Robt. T. Dumaine, 5506 Beech Ave., Bethesda, Md. 20014 Southern Shores Realty Co., P. 0. Box 150, Kitty Hawk, N. C. 27949 Southern Shores Civic Association, Kitty Hawk, N. C. 27949 Kitty Hawk Investment Corp., P. 0. Box 229, Kitty Hawk, N. C. 27949 freq 11, Randall, Ht, ux,.3701 Shoreline Dr.., Portsmouth, Va. 23703 John Lprison Hood, 2041 Phyllis Dr., Chesapeake, Va. 23325 Pearce Realty Co. Box 189, Manteo, N, C. 27954 Adjoining owners to Hotel complex: a Kitty Hawk Investment Corporation; P. 0. Box 229, Kitty Hawk, N. C. 27949 Elmer W. Raper, 1018 W. Main St., Elizabeth City, N. C. 27909 Mortimer R. Eisen, 801 Plaza One Bldg,, Norfolk, Va. 23510 Daniels Oil Company, P. 0. Box 86, Manteo, N. C. 27954 0. c o ,. T I : < -5'CaKCB7E \.n U ro m i? I 6"CQVCkETE C,),CS i C7u77E.< N iD IA Q C ? -DI ?1 z -1 b = Xj a O z? m h? r a? Q / o /OD v_ fi f CO R ? ' m b O 1l V k Z AN 8 D i ' n N v C7 b :? a ...., .:?.? t r ~ ?? 'Jkta' ?t e 4 ? r. ? ry1 ?,yr ? - ? Xf J ?? ti t r L i t low, a..