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HomeMy WebLinkAbout20060957 Ver 1_Complete File_20090612Permit Class NEW 1® -,- J w 115 B) SEP 1 2 2006 JENR - WATER QUALITY F`ETLAVD3lW ST?-,Mv,!",TER EiLg4c,,i STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for Permit Number 128-06 a.T5 e6 -©??l X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 I X Excavation and/or filling pursuant to NCGS 113-229 Issued to Bethel Creek, LLC, c/o Randy Barfield, 3544 North Lakeshore Drive, Clemmons, NC 27012 Authorizing development in Perquimans County at Bethel Creek, on Snug Harbor Rd. (SR 1340). Bethel Township , as requested in the permittee's application dated 3/20/06. including the attached workplan drawings (5), all dated 3/27/06 This permit, issued on September 8. 2006 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Archaeological Assessment 1) Prior to the initiation of any ground disturbing activities, the permittee shall arrange for a comprehensive archaeological survey and evaluation of the entire area of approximately 148 acres. An experienced archaeological consultant shall undertake this work. The purpose of this evaluation shall be to identify, record, define and evaluate any archaeological sites, including" 34 PQ 15, that may be eligible for listing on the National Register of Historic Places (NRHP); to determine whether such sites may be adversely affected by the project activities; and if so, to develop and implement an appropriate mitigation plan. All activities associated with the archaeological investigations shall be conducted in close coordination with the Office of State Archaeology (OSA). Consultation with the OSA by the consultant shall take place prior to the commencement of any archeological field work. (See attached sheets 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 shall 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 Division approval. All work shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. i Char . Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2009 Signature of Permittee In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Bethel Creek, LLC ADDITIONAL CONDITIONS Permit # 128-06 Page 2 of 5 Upland Development 2) Unless specifically altered herein, this permit authorizes only the grading and other land disturbing activities associated with the development of the property located off Snug Harbor Rd., adjacent to Bethel Creek, including subdivision roads and utilities, the gravel parking area and access drive, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 264-3901 for this determination. Docking Facility 3) Unless specifically altered herein, this permit authorizes the 6 ft. x 50 ft. access pier, the 6 ft. x 55 ft. pier terminating in a 12 ft. x 12 ft. octagonal gazebo, the 6 ft. x 120 ft. platform, the five 2 ft. x 10 ft. finger piers, and the 10 associated mooring pilings, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, .shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The authorized structures shall not extend more than '/a of the width of Bethel Creek. 6) In order to ensure compliance with Condition No. 5 of this permit, an as-built survey showing the distance across the water body and the length of the constructed piers, and all associated structures shall be performed on the facility, and copies of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. NOTE: Failure to provide the survey required in Condition No. 6 may result in a violation of this permit. 7) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the covered gazebo shall not be designed for second story use. 9) No attempt shall be made by the.permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Bethel Creek, LLC ADDITIONAL CONDITIONS Permit # 128-06 Page 3 of 5 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 12) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 13) This permit authorizes a maximum of ten boat slips. At no time shall more than 10 vessels be moored or docked at the docking facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility shall require that the docking facility be classified as a marina, and shall therefore require a review under the N.C. Environmental Policy Act (NCEPA). Boat Ramp 14) Ground disturbing activities above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope for the approved 12 ft. x 56 ft. boat ramp, all as specified in the permit application and attached workplan drawings. 15) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live=concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State Shoreline Stabilization' 16) The alignment of the permitted bulkheads and wing walls shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 17) The alignment of the approved bulkheads shall not extend', more than an average of 2 feet from the normal water level. 18) The bulkheads shall be constructed prior to any backfilling activities. 19) The bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the structure. Bethel Creek, LLC Permit # 128-06 Page 4 of 5 ADDITIONAL CONDITIONS 20) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 21) The backfill material shall be clean and free of any pollutants except in trace quantities. 22) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkheads.' Spoil Disposal 23) All excavated materials shall be confined to the area indicated on the attached workplan drawing sheet 1 of 4 dated 3/27/06behind-adequate-dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Any proposal to change the spoil disposal area may require a modification of this permit. Contact a DCM Representative at (252) 264-3901 for this determination. Sedimentation and Erosion Control 24) A revised Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 25) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead caps immediately following completion of backfilling activities. Stormwater Management 26) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7051220 on 8/9/06. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 27) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 28) No vegetated wetlands shall be excavated or filled, even temporarily. x ~ Bethel Creek, LLC ADDITIONAL CONDITIONS Permit # 128-06 Page 5 of 5 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to. the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. . NOTE: The N.C. Division.of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 060957), which was issued on 7/27/06. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project. COE ORM No. SAW- 2006-32748-172. NOTE: Should it be necessary to remove any in water woody-debris from the project site, the permittee or the permittee's consultant should .consult with the NC Wildlife Resource Commission prior to any debris removal for proper guidance. reviews Subject: reviews From: Kyle Barnes <Kyle.13arnes@ncmail.net> Date: Thu, 27 Jul 2006 17:01:18 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> First disregard my comments on Sandy Pt from 7/10/06! Change to Issue at your own risk. There are several on here that do not require written concurrence under GC 3490: 06-0954 Michael Sanders Pasquotank 6/12/2006 07/27/06 LAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0957 Bethel Cr. S/D Perquimans 6/13/2006 07/27/06 LAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0956 The Sea Vista SD Pamlico 6/13/2006 07/27/06 GC 3490: Meets conditions, No written concurrence needed 06-0977 James Bond Beaufort 6/14/2006 07/27/06 3490: Meets conditions, No written concurrence needed 06-1072 Pirates Way, LLC Dare 6/28/2006 Issue normal conditions 07/26/06 LAMA/MJ LAMA/MJ CAMA/MJ GC 06-0896 Jerry East Chowan 7/27/2006 07/27/06 CAMA/MJ Hold:Request for verification of 404 wetlands on site i This one was sent up around 6/21/06 06-0555 Ensign Services, Inc Pamlico 3/21/2006 06/21/06 CAMA/MJ SAV info shows no impact, Issue with condition that Marine fisheries moritorium for construction in a PNA fromApril 1- Oct 1. 1 of 2 7/28/2006 8:21 AM r, r A4 FqCDENR 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 June 8, 2006 MEMORANDUM: TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: SUBJECT: Applicant: Project Location: Proposed Project: Doug Huggett Major Permits Processing Coordinator ,k9 I JUN 1 2 2006 N AND ST EOMMATER BRACH WETLRW CAMA/DREDGE & FILL Permit Application Review Bethel Creek, LLC West of Snug Harbor Rd (SR 1340), between Pender Rd (SR 1339) and Creecy's Lane (SR 1345), Bethel Community, Perquimans County Develop common area with boat ramp, bulkhead, pier, parking, gazebo Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/29/06, to 400 Commerce Avenue, Morehead City NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. i This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity k Affirmative Action Employer- 30% Recycled by Fiber Weight DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT } 1. APPLICANT'S NAME: Bethel Creek, LLC, c/o Randy Barfield 2. LOCATION OF PROJECT SITE: West of Snug Harbor Rd. (SR 1340), between Pender Rd. (SR 1339) and Creecy's Lane (SR 1345), Bethel Community, Perquimans County, adjacent to Bethel Creek and Yeopim River. Photo Index - 2000: 155-1804 (T-15) 1995: 155-1603 (U-12) 1989: 114-10 (Q-14) State Plane Coordinates - X: 2,745,160 Y: 863,722 Yeopim River, NC, U.L. GPS - B020815A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 02/08/2006 Applicant's Present - Doug and Roxanne Dorman were present 5. PROCESSING PROCEDURE: Application Received Complete - June 7, 2006 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation (B) AEC(s) Involved - PTA and PTS (C) Water Dependent - Yes (D) Intended Use - Private Community (E) Wastewater Treatment: Existing - None Planned - Individual septic systems (F) Type of Structures: Existing - None Planned - 10-slip pier with gazebo, boat ramp, bulkhead with retaining walls, finger pier, gravel access and parking, and roads. (G) Estimated Annual Rate of Erosion - Less than 0.5 feet/year Source - Applicant 7. HABITAT DESCRIPTION: (AREA) F.XCAVATFD FILLED SHADED Boat Ramn Piers (A) Public Trust Waters N/A 384 sq. ft. 1,330 sq. ft. Bulkhead 20 sq. ft. Grading in PTS Boat Ramp Access Walkways (B) Public Trust Shoreline (PTS) 1,831 sq. ft. 450 sq. ft. 213 sq. ft. Bulkhead Wingwalls 20 sq. ft. ar mg_ rg a mg Parking and Roads (C) Uplands, outside Public Trust Shoreline -28,700 sq. ft.' 221,285 sq. ft. N/A Spoil Site 52,500 sq. ft. (D) Total Area Disturbed - 305,333 sq. ft. (7.01 acres) (E) Primary Nursery Area - No (F) Water Classification - Bethel Creek is C SW, and Yeopim River is SC Open - No Field Investigation Report Bethel Creek, LLC, c/o Randy Barfield Page 2 8. PROJECT SUMMARY: The applicant proposes to develop a common area by constructing a 12-feet wide by 56-feet long concrete boat ramp with bulkhead stabilization and an access pier, gravel access and parking area, 10- slip community pier with a gazebo, and subdivision roads on his property. There is no development currently on the property. PROJECT SETTING The location of the proposed development site is within a 148-acre tract of timber farmland that is being converted to a 63-lot residential subdivision with a common access area, located on the west side of Snug Harbor Rd. (SR 1340), between Pender Rd. (SR 1339) and Creecy's Lane (SR 1345), in the Bethel community of Perquimans County (see enclosed soil map). The development site is located on the northern shoreline of Yeopim River and extends around the eastern shoreline of Bethel Creek, where the common area will be located. The property is mostly flat and wooded with a fringe of 404 wetlands along most of the shoreline with three wetland fingers that extend at least 1,500-feet into uplands. Over 90 percent of the upland is farmed loblolly pine (Pinus taeda), and a small field adjacent to Snug Harbor Rd. is rotated with row crops such as corn, cotton, and soybeans. Most of the brush and snags, such as saw greenbrier (Smilax bona-nox), were recently cleared between pines. Some deciduous trees found on the property include American beech (Fagus grandifolia), yellow-poplar (Driodendron tulipifera),-and waxmyrtle (Morella cerifera). Some species found in the wetlands include baldcypress (Taxodium distichum), soft rush (Juncus effuses), pickerel weed (Pontedaria cordata), and the invasive giant cane (Arundinaria gigantea). The majority of the uplands are Roanoke silt loam (Ro), the wetland fringe along the shoreline is Chowan silt loam (CO), and the transitional area surrounding wetland fingers to uplands is Wahee fine sandy loam (WaA). Water depths adjacent to the common area range from 1-foot near shore, 5-feet within the proposed boat slip areas, and 6-feet at waterward end of the proposed pier. The bottom within the project area is fine sand and silt. The width of Bethel Creek along the proposed pier is approximately 137-feet. The shoreline of the property consists mostly of low banks (0-5 feet) that rises to an elevation approximately 9-feet above NWL along the common area. The proposed development within the common area, along the shoreline, is located on high ground with no wetland fringe. The entire property has an irregular shoreline that is approximately 4,500 linear feet (0.85 miles), and the common area has a shoreline length of 340-feet (0.06 miles).' The only existing structure on the property was an abandoned, dilapidated single family dwelling near Snug Harbor Rd., which may have had a septic system associated with it, and was demolished in March of 2006. Both adjacent properties to the east along Yeopim River and to the north along Bethel Creek are managed timber from the shoreline that extends inland nearly to Snug Harbor Rd., where a transition to cultivated farm fields occurs. Southeast of the development and across Snug Harbor Rd. and less than half a mile to the north are free ranging swine and cattle operations. 4 Field Investigation Report Bethel Creek, LLC, c/o Randy Barfield Page 3 There was no observed presence of submerged aquatic vegetation or shellfish in the vicinity of the ramp/dock site on February 8, 2006. Reviews of available information suggest that there are no known archeological sites or geologic formations associated with the applicant's property. The waters of Bethel Creek in this area are classified as C SW, and the waters of Yeopim River in this area are classified as SC by the Division of Environmental Management and are closed to shellfish harvesting. A sedimentation and erosion control plan (No. Perq-2006-010) was approved by the Division of Land Resources for this project on January 18, 2006. A Stormwater Certification with the Division of Water Quality was applied for on March 9, 2006. DEVELOPMENT PROPOSAL Individual subdivision lots vary in size from 1.23 to 4.13 acres,' with 22 of the 63 lots fronting on the Yeopim River and Bethel Creek. In order to provide water access for the interior lots of the subdivision, the applicant has dedicated a 2.06-acre lot along Bethel Creek for a community water access area. The community boating access area will consist of a 12-feet wide by 56-feet long concrete boat ramp, extending 32-feet below NWL, with 5-feet of bulkhead and 12-feet of wing wall on each side of the ramp for stabilization. A vinyl and wood bulkhead is proposed at NWL, not to exceed average 2-feet and maximum 5-feet waterward of NWL. Any backfill that may be required for this small section of bulkhead will come from onsite grading and be clean, dry, and free of any pollutants. Erosion on the property is minimal (less than 0.5-feet per year), and the adjoining shorelines are not stabilized. The proposed 10-feet of bulkhead is primarily for stabilization of the boat ramp. - A 50!feet long by 6-feet wide access pier (extending 33-feet waterward of NWL and 17-feet landward of NWL as an elevated walkway) is proposed immediately adjacent to the bulkhead section to the south. The 10-slip'community pier is proposed immediately north and adjacent to the bulkhead to the north. This proposed pier will consist of a 17-feet long by 6-feet wide elevated walkway over upland, a 28-feet long by 6-feet wide pier terminating to a 12-feet long by 12-feet wide octagonal gazebo, and a 120-feet long by 6-feet wide pier running in a northernly direction with ten 15-feet long by 12-feet wide slips on the west side of the dock paralleling the shoreline with five 10-feet long finger piers that average 2-feet in width and 10 free standing mooring pilings. The waterward end of the proposed gazebo and mooring pilings of the community pier will extend 6.5-feet short of being '/a width across Bethel Creek at 41-feet waterward of NWL. The waterward end of the proposed boat ramp will reach an existing 4.5-feet depth, while the proposed boat slips will be located in an average 5-feet depth below NWL. The proposed gazebo and mooring pilings will reach out the furthest into Bethel Creek at 6-feet water depth. The ramp will be poured and hardened on high ground, then pushed into place. Siltation fence will be used along the shoreline adjacent to excavation activity and installed prior to any ground disturbance. The bulkhead will be installed with siltation cloth prior to any backfill activity. There are currently no adjacent piers along the same shoreline. The applicant proposes a circular shaped parking area to be graded and filled with gravel fill outside the Public Trust Shoreline (PTS) AEC. Total grading of uplands for boat access drive and parking will disturb approximately 30,550 square feet (0.70 acres). An additional 221,285 square feet (5.08 acres) will be graded and filled for subdivision road construction outside the PTS AEC. A 150-feet long by 350-feet wide (52,500 square feet) spoil site contained by silt fence will be located approximately 700-feet landward of NWL on lot 31 for temporary placement of excavation material from the parking and boating Field Investigation Report Bethel Creek, LLC, c/o Randy Barfield Page 4 access area. There is no request for restrooms, gasoline, sewage pumpout, or dredging with this development proposal. The community pier structure will have 10 designated mooring slips and is setback 53-feet from the nearest property line to the south. ANTICIPATED IMPACTS The proposed community pier will project approximately 41-feet into Bethel Creek, and will shade 1,330 square feet of Public Trust Waters and 213 square feet of uplands in the form of elevated walkways within the PTS AEC. The installation of the boat ramp will require 384 square feet of fill in PTA waters, and installation of the bulkhead stabilization for the ramp will require up to 20 square feet of fill in PTA waters. The ramp approach will result in 450 square feet of fill in the PTS AEC, while the bulkhead wing walls will result in 20 square feet of fill in the PTS AEC. 1,831 square feet of excavation and grading from the 9-feet high bank in the PTS AEC is expected for installation of the ramp and ramp approach. Approximately 28,700 square feet of excavation and gravel fill will be required in the parking area outside the PTS for grading at the 5-feet contour with a 10:1 slope up to the 9-feet existing contour at the common area entrance. A total of 2,410 cubic yards of high ground excavation will be required in the parking and ramp access area. A 52,500 square feet temporary spoil site is proposed for the excavation activities, located outside the PTS. Also located outside the PTS are the proposed subdivision roads, which will require grading and fill of 221,285 square feet (5.08 acres). The concrete boat ramp approach in the PTS will result in approximately 370 square feet of impervious fill. This constitutes 0.04% impervious surface coverage within the PTS AEC of the common area. Each boat slip will be approximately 15-feet long by 12-feet wide, and the entire mooring area will occupy 1,800 square feet. Boating activity will increase in this area resulting in a possible increase in water turbidity, and may result in toxicants from hull paint and maintenance products to accumulate in the sediment near the boat slips. This will be the first pier along this shoreline. There are no expected navigational impacts due to the pier structure. Temporary water turbidity will occur during construction. Submitted by: Kimberly A. Hedrick Date: June 8, 2006 MAJOR PERMIT FEE MATRIX Applicant: Bethel Creek, LLC Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: III(B). For public or commercial development, if $400 100%($400) 0%($0) General Water Quality Certification No. 3301 (see .. attached can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water F? Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) cannot be applied: IV. For development that ? involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: .. ?. -:? 40 PROJECT NARRATIVE Bethel Creek Subdivision - Common Area `i CAMA Major Permit - Bethel Creek, LLC Bethel Township, Perquimans County, North Carolina The proposed improvements are requested by Bethel Creek, LLC for improvements to the Common Area within Bethel Creek Subdivision located on Bethel Creek and the Yeopim River, in Bethel Township, Perquimans County, North Carolina. The proposed improvements include the construction of acommunity boating facility within the Common Area on the east shoreline of Bethel Creek. The Common Area boating facility will include a concrete boat ramp with driveway and parking, 10 boat slips with five finger piers and 10 mooring pilings, two walkways to access two docks, and a gazebo. Also proposed is bulkhead and retaining walls to stabilize the shoreline adjacent to the proposed boat ramp. DETAILS OF PROPOSED IMPROVEMENTS: (1) 12' wide, 56' concrete slab boat ramp, 24' of slab (approach) on upland extending 32' past the normal water line (NWL) to a water depth of 45, (2) two six foot wide docks, one on each side of the proposed boat ramp. (3) Two access walkways: six foot wide 17 foot walkway to access the south boat dock 33' in length. A six foot wide 30 foot walkway to access the north boat dock 148' in length. North boat dock includes a (4) gazebo (144 sf.) at the end of the (28' dock section) north boat dock. The north boat dock (28' dock section) takes a 90 degree right turn paralleling the shoreline another 120 feet (total north dock 148' in length) to access (5) 10 boat slips with five finger piers and 10 mooring pilings. Proposed finger piers (5) will taper from two feet to three feet in width (5 x 20 s.f. each =100 s.f.). (6) Bulkhead (6) on each side of boat ramp (10' total bulkhead) with 12 foot retaining walls (24' total retaining walls) on either side of boat ramp to stabilize approach into the river. The bulkheads will provide some shoreline stabilization within the area of the boat ramp at the waterward end of the retaining wall. Equipment utilized to construct the bulkhead, gazebo, walkways, docks and mooring pilings will be hydraulic pumps and hand tools. PUBLIC TRUST WATERS IMPROVEMENTS: Two boat docks (6'x 181' (33' south dock + 148' north dock) = 1,086 s.f.), 10 boat slips includes five finger piers (20 s.f. each = 100 s.f.) and 10 mooring (12" dia.) pilings, a boat ramp (12' x 32 = 384 s.f. (excluding 24' approach)), a roofed gazebo (octagon shape 144 s.f.). Total shading (decking) 1,330 s.f. Total Disturbance within 30' Buffer: Boat ramp approach and site grading (No 75'AEC) 1,831 s.f. t (Bethel Creek S/D - project narrative - pg. 2) UPLAND DISTURBANCE & IMPROVEMENTS: The existing common area has a maximum elevation of nine feet; the parking area and approach to the boat ramp will be graded to an elevation of five feet. The parking area will be graded level at the 5' contour with a 10:1 slope up to the 9' contour and entrance to the common area. Excavator, dump trucks and front-end loaders will be used to excavate and grade the Common Area. Excavated material (sand) will be placed in the dump truck for transportation to Lot 30. Silt fence will be placed along the interface of the proposed land disturbance (including excavated material) for erosion purposes. Driveway and parking will be graded and topped with gravel (27,440 s.f.). Proposed bulkhead with retaining walls will be constructed on both sides of the proposed boat ramp for stabilization purposes. Bulkhead on both sides of the boat ramp proposed 5 feet in length (10 feet total for bulkhead). Retaining walls proposed at a 90degree angle, 12 feet from the bulkhead (24 feet total for retaining walls). Two access walkways (south) 6' x 17' and (north) 6' x 30' to access (docks (south) 30' dock (north) 28' dock). Total Upland Disturbance for proposed project: Grading for driveway and parking area, and backfill behind bulkhead 30,550 s.f. Field Measurements & Wetlands & Vegetation on Site: AEC staff took water depths and measured Bethel Creek and the Yeopim River width at the project site on February 8, 2006. AEC staff delineated Section 404 wetlands September 2nd and 15th, 2004. AEC staff met with Tracey Wheeler, US Army Corp of Engineers on September 15 and October 5, 2004 to approve wetland alignment. There are no proposed impacts to Section 404 wetlands for this project. Project location was determined by AEC when delineating wetlands, where the highground has a steep drop off and no wetlands would be impacted by the boat ramp. AEC met with NC Division of Coastal Management on site for pre-application purposes on February 8, 2006. It was determined at that time there are no coastal wetlands on site or adjacent to project. Vegetation along the shoreline includes but is not limited to scattered Bald Cypress. The precise location of the boat ramp was determined by DCM staff and AEC staff during the meeting on site February 8, 2006, which eliminated impacts to mature Bald Cypress. MITIGATIVE MEASURES: Wetland impacts were avoided by proposing the boat ramp location within an area of a steep drop off into Bethel Creek. To prevent navigational hazards, the distance of the proposed docks were limited to a % width of the water body, and reflective tape will be placed on the ends of the two proposed boat docks. Impacts were minimized by limiting the boat slips to ten slips, to prevent an Environmental Assessment process. CONCLUSION: The proposed boating facility will allow access and traditional recreational boating use of Bethel Creek and the Yeopim River for the interior lots within the 63 Lot Bethel Creek Subdivision Community that do not have direct access to Bethel Creek and the Yoepim River. The residential lots located directly on the river will have the option of using the community boating facility or obtain a separate permit to construct a private pier for there own use. Form DCM-MP-1 a 0 E o9 s7 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Bethel Creek. LLC Name Randy Barfeild Address 3544 North Lakeshore Drive City Clemmons State NC Zip 27012 Day Phone see agent Fax b. Authorized Agent: Name Atlantic Environmental Consultants, LLC Address P.O. Box 3266 City Kitty Hawk State NC Zip 27949 Day Phone 252-261-7707 Fax 252-261-2965 c. Project name (if any) AEC #06-000 NOTE. Permit will be issued in name of landowner(s), and/or project name. 2, LOCATION OF PROPOSED PROJECT 6, 23 0 cs b. City, town, community or landmark Bethel Township c. Street address or secondary road number on Snug Harbor Road SR 1340 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Yeopim River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construct a boat ramp, ten boat slips, gazebo and Parking for boat ramp b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See attached project narrative a. County Perduimans County Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Common Area 89,573 sf (2.06 ac) Bethel Creek S/D 147.82 acres b. Size of individual lot(s) Subdivision lots sizes vary, 1.23 - 4.13 acres c. Approximate elevation of tract above Ml-1W or NWL +/- 9 feet d. Soil type(s) and texture(s) of tract Roanoke silt loam, Wahee fine sandy loam Dogue fine sandy loam e. Vegetation on tract Pinus taeda, Fagus gandifolia, liriodendron tulipifera, taxodium distichum, smilax bona-nox Myrica cerifera, Arundinaria gigantea f. Man-made features now on tract: None on common area (one dilapidated residential structure assoc. w/ subdivision. g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan) Conservation Transitional Developed _ Community X Rural Other h. How is the tract zoned by local government? residential i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes X No 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 Are there wetlands on the site? X Yes _ No Coastal (marsh) _ Other 404 Wetlands Revised 03195 If yes, has a delineation been conducted?"Yes (Attach, documentation, if available) in. Describe existing wastewater treatment facilities. None on common area (one passible septic tank and Drainfield assoc w/ existing dilapidated structure Within subdivision tract) n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff o. Describe existing drinking water supply source. Individual private wells 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the 'affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated, work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel Form DCM-MP-1 unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Blake Weston Address 2330 22°d Street Phone San Fransisco. CA 94110-2814 _ Name Maranatha Broadcasting; Co. Inc. Address 300 East Rock Road Phone Allentown, PA 18103 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. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 20th day of March 5 2006 Print Name Douglas Dorman Signature Landowner or Authorised Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM -MP-2 EXCAVATION: AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) 01 (NWi.1 Canal manmade Boat Basin manmade Boat ramp Rock groin Rock (rip rap) breakwater Other (Excluding shoreline stabilization) N/A N/A N/A 32' 12' 3.0' 4.5' NIA -------- ____-- N/A ------- N/A ------- 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes X No d. Highground excavation in cubic yards 2,410 2. DISPOSAL OF EXCAVATED MATERIAL; a. Location of disposal area Excavated material to be used for lot 31 within Bethel Creek Subdivision. b. Dimensions of disposal area 350' x 150' c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes X No If yes; where? N/A (one time excavation) e. Does ' the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? N/A Yes X No Revised 03/95 f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 10 linear feet c. Average distance waterward of MHW or NWL Proposed bulkhead alignment at the NWL d. Maximum distance waterward of MHW or NWL Proposed bulkhead alignment 5' max of NWL e. Shoreline erosion during preceding 12 months Minimal, not detectable. (Source of information) f. Type of bulkhead or riprap material Vinyl and wood 9. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead fill 0 h. Type of fill material N/A I. Source of fill material N/A 4. OTHER FILL ACTIVITIES N/A (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No X If yes, (1) Amount of material to be placed in the water (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? Area to be disturbed will be surrounded by fence and seeded as per erosion control permit plans indicate. b. What type of construction equipment will be used (for example, dragline, backhoe, hydraulic dredge)? Excavator, backhoe, and bulldozer c Bethel Creek, LLC Applicant or Project Name Signa Date Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Community boating facility to include two walkways, boat ramp, two retaining walls, driveway and parking. b. Number of lots or parcels Common area - 1 Lot (63 lots within Bethel Creek S/D) c. Density (give the number of residential units and the units per acre One single family residence per lot. 63 lots single family lots d. Size of area to be graded, filled or disturbed including roads, ditches, etc. Common area 30,550 sf (0.70 ac.). Subdivision roads = 5.08 ac (see attached sheet) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If Yes, date submitted Approved 1/18/06 f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. Asphalt roads, Concrete boat ramp residential driveways g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built- upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. N/A h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted &n?pI; j & 3/9/06 i. Describe proposed method of sewage disposal. Conventional on site wastewater for each single family lot. j. Have the facilities described in Item i. above received state or local approval? Preliminary approval from county health department. (Attach appropriate documentation) Yes, a general site evaluation has been done for the entire parcel but individual permits for each lot have not been issued. k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Individual wells in. Will water be impounded? Yes X No If yes, how many acres? n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A I Bethel Creek LLC Appl' t or Project Name Signa Date 3/20/06 ALLOWABLE LOT COVERAGE FOR E BETHEL CREEK SUBDIVISION MARCH 6, 2006 ; .. TOTAL AREA OF SUBDIVISION = 6,439,018 SF (147.82 ACRES) TOTAL AREA OF NEW ROADS = 221,088 SF (5.08 ACRES) 6,439,018 X 30% = 1,931,705 SF (44.35 ACRES) - ALLOWABLE COVERAGE 1,931,705.00 - 221,088.00 =1,710,617.00 1,710,617.00 SF / 6,439,018.00 SF = 26.56% ALLOWABLE COVERAGE PER LOT Form DCM-MP-4 STRUCTURES'"! (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A Form DCM-MP-1. Be sure to complete all other sections of the (1) Commercial _ Private _ Community , Joint Application which relate to this proposed project. (2) Number N/A (3) Description of buoy (Color, inscription, size, anchor, etc. a. Dock(s) and/or Pier(s) N/A (1) Commercial Private _ Community -X- (2) Number 3 (3) Length 33', 28', 120' (4) Width of water body N/A (4) Width 6' (5) Distance buoy(s) to be placed beyond shoreline (5) Finger Yes X No- N/A Piers (i) Number 5 (ii) Length 10' f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width 3' max (1) Commercial X Community Private (6) Platform(s) X Yes No (2) Number 10' (i) Number 1 (3) Length 30' (ii) Length 12' (4) Width 12" (iii) Width 12' (7) Number of slips proposed 10 g. Other (Give complete description) (8) Proximity of structure to adjacent riparian property N/A lines 53' and 134' (9) Width of water body 178' at narrow point of Yeopim River. (10) Water depth at waterward end of pier at MLW or NWL -4.5' b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length N/A (3) Width N/A Applicant of Project Name C. Groin (e.g. wood, sheetpile, etc.) N/A Bethel Creek Subdivision (1) Number N/A _ ?- (2) Length N/A Signatur d. Breakwater (e.g. wood, sheetpile, etc.) i (1) Length N/A Date 3/20/06 (2) Average distance from MHW, NWL, or wetlands N/A (3) Maximum distance beyond MHW, NWL or wetlands N/A 11 f V4 J f ? - ? Y V l M p 4 r Au ?' p S 1? 4+ F Z _ 1 k?' A r f; ..r •. .. .. ? pp aye -?? ? ` tit F? Y i'i.r 1 `?O ?^ t F? r? 0.,•M1. S 4 1 IAI. k d rj nU _ N GAZEBO SIDE VIES' GAZEBO DETAILS N.T.S. COMMUNITY BOAT RAMP, -:BOAT SLIPS A.ND GAZEBO BETHEL.. CREEK SUBDIVISION. - MOUIMANS COUNTY NORTH. cARouw?: 4Z4#)V ,&Wt 0#41ENVL LONSU? LRNZS, LLC GRAPHIC SCALE I"- NTS P.d. 81 1' kw Amr lim, N.C.. PY4W (.?S?,?Z61 TJ07, r?na10' rardonnar?Ib??.ciar» FILE: DATE: 3/77/08 REVISED: Zd wliET:60 9002 Be 'unr S96zi9ZZSZ: 'ON Xd_i I-InSN00 -ldiN9WN0dI0N9 OI1Nd-lti: WOd.J GAZEBO END VIEW Aoon-v'-a"', ?5' LZAEff F=1 St-EEr 1 OF 4 COMMUNITY BOAT RAMP, BOAT SLIPS, AND GAZEBO BETHEL CREEK SUBDIVISION HERTFORD - PERQUIMANS COUNTY - NORTH CAROLINA ATLANT/C ENV11f0NMENTAL CONSULTANTS, LLC GRAPHIC SCALE 1 = 400' P.O. BOX 3266, K/TTY H,4` X N. C. 27949 (252)261-7707 email f-ordorfnan@,7ol.com DATE: 3/27/06 REVISED: FILE: 04-067 DRAWN BY: DOUG D e'-IC71IT Y W"' jugUMJM LO IDCASMW C. n= BASE MAP TAKEN FROM SURVEY P%Vy3Vp?p3 BY PALL J. TOTI LAND SURVEYM &AT®12/3/05 I,- BETHEL \ ?o vtim it --/ Z, , ~ • S r_..-J ?!0O_/ / ?? /? -.-/ ' r a J ? 9? t? f / ' / /tlk.i y b `? ti sp• `L' / L f / ? _--r _. k9 ?.._.. ;_-_...?1i'li-.-'' i _..-_' r1?? ? r-?es, ,•i? j?ti,(?, j A, L 1 1 \ (\ ? / r' --' f f \ l { •? S' { / F ti' _..._ 4_. Ei?---1 r J d3' •/ y?0 \ OPEN SPACE' ? I ? ' \ \ ? ? `\ \\ /b. /°. 'A' /? ?? ` • ` \ 89,573 SF -7 ?' ?_? r ? ? r-p • s ti / s, " = \ \\ \ 2.06 ACRES 1 ?. b0 WATER ACCESS LO 25 ALL .ti AL AL f 1 h AL% A At A, j \:. \ A, AL -. 4 i AL LOT 24 LOT 404 WETLAND UNE DEUNEATED BY 1 r ` 1 / -71 22 ATLANTIC ENVIRONMENTAL CONSULTANTS, U.C CONFIRMED BY THE USACE ON 9/15/04 LOT 23 AL SHEET 2 OF 4 \ , ! 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SIDE SLOPES TO BE GRADED / AL AT 10:1 SLOPE TO THE EXISTING CONTOURS AL AL 404 WETLAND UNE DELINEATED BY ATLANTIC ENNiRONMENTAL CONSULTANTS, U_C \ CONFlRMED BY THE USACE ON 9/15/04 AL AL i A, • ? ? ? LOT' A SHEET 3 OF 4 LEGEND: \ EXISTING CONTOUR LINES - - EXISTING 404 WETLAND LINE -8--- PROPOSED CONTOUR LINES ?COM M U N ITY BOAT RAMP, BOAT SLIPS, AND GAZEBO BETHEL CR EK SUBDIVISION HERTFORD - PERQUIMANS \COUNTY - NORTH CAROLINA GRAPHIC SCE E 1 30' DATE: 3/27/06 \ REVISED: REVISED: AVANT/C ENV/RONMENT.4Z CONSUZTANTS. ZZC . P. O. 90X 3266, K/TTY H4IYA, N. C. 27949 ?15 261-7707, email roxdoman69aol. com FILE: 04-067A. DRAWN BY: DOUG D PROPOSED PIER - W. - nt •, I`. v y PROPOSED PIER PROPOSED PIER c• 6• "x8'x10• WHALER .TER CLOTH 5Q" BOLT GALVANIZED LAPPED AND GROOVE THIS CROSS SECTION IS TO BE USED FOR PLANNING PURPOSES ONLY. TYPICAL RETINAING WALL CROSS SECTION N.T.S. SHEET 4 OF 4 zz8'?a FCd3 CKING 0.40 CCA or ADIUS EDGE TYPICAL PIER CROSS SECTION N.T.S. COMMUNITY BOAT RAMP, BOAT SLIPS, AND GAZEBO BETHEL CREEK SUBDIVISION HERTFORD - PERQUIMANS COUNTY - NORTH CAROLINA AUN Y ZN?/RONXN- 74Z CONSULT NS, ZZC GRAPHIC SCALE 1 = N TS P.O. BOX 3266, K/TTY 1141Y/( N.C. 27949 (252)261-7707, e-rnai/ roxdorman®ao%com DATE: 3/27/06 REVISED: REVISED: FILE: 04-067A DRAWN BY. DOUG D I- V RETIANING WALL BOAT RAIbiP CROSS SECTION A-A RE11ANING WALL N.T.S. ??- ?-- -I ---