HomeMy WebLinkAbout19930412 Ver 1_COMPLETE FILE_19930517DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 27, 1993
Regulatory Branch
Action ID No. 199302361 and State Permit No. 75-93
Ms. Vicki Kahler
Post Office Box 158
Filer, Idaho 83328
Dear Ms. Kahler:
WETLANDS GROi'!
'WATER QUALITY SEC I I
Reference your application for a Department of the Army permit to
construct and backfill a bulkhead on Roanoke Sound, Old Nags Head Cove, Nags
Head, Dare County,-North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-C080-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable state authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone (919) 975-3694.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
16 4
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 16, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199302361
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
7 77
`'A1+13?`iL ?+
Reference the application of Ms. Vicki Kahler for a Department of the Army
permit to construct and backfill a bulkhead on Roanoke Sound, Old Nags Head
Cove, Nags Head,'.Ve County,' North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The bulkhead will be positioned in strict accordance with permit
plans. To prevent an intentional violation of this authorization,
representatives of the North Carolina Division of Coastal Managment and the
U.S. Army Corps of Engineers will be available to stake the bulkhead alignment
prior to construction.
c. All backfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
d. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
e. No vegetated wetlands will be excavated or filled.
f. The permittee will 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.
-2-
g. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone (919) 975-3694.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 7, 1993
Ms. Vicki Kahler
P.O. Box 158
Filer, Idaho 83328
Dear Ms. Kahler:
Subject: Proposed fill in Wetlands or Waters
Bulkhead construction
Dare County
DEM Project # 93412
A715VA
mdm
ED IF=HNR
Upon review of your request for 401 Water Quality Certification to place fill material in 1748
square feet of waters which are tributary to Roanoke Sound for bulkhead construction located at Lot 13,
Roanoke Way in Dare County as described in your submittal dated 17 May 1993, we have determined
that the proposed fill can be covered by General Water Quality Certification No. 2665 issued January
21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying
for coverage under Corps of Engineers' Nationwide Permit No. 13.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in the
form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
A: Prston -coward Jr. P. F.
93412.Itr r i 1
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker, Division of Coastal Management
Gary Anderson
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT '
CAMA/COE PERMIT APPLICATION REVIEW WETLANDS GRI
Q WATER QUALITY S
WaRO PROJECT #73--03q-e-- WQ SUPERVISOR: THORPE
REVIEWER: SAWYER DATE: al?? a 9, iFs3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.
PROJECT NAME: V
PROJECT TYPE: fz%441-2?-' PERMIT TYPE:
COE #: DOT #:
COUNTY: l ca-gyp
?A OE
RCD FROM CDA: ? DATE FROM CDA:
REG OFFICE: WaRO RIVER AND, SUB BASIN
STREAM OR,ADJACENT WATER BODY: 62i 11?
CLASS: 94r STREAM INDEX
OPEN OR CLO
WL IMPACT: J ED:
WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE:-- TING SHEET ATTACHED?
RECOMMENDATI : ISSUE ISSUE/COND DENY HOLD
Zj yS
#: 3a -.z I
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED:
PROJECT DESCRIPTION:
0-.,.., a 34,0 `
WATER QUALITY CERT. 401)
CERT. REQ'D:
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:_. _ --
(EXISTING, ?OPOSEISEPTIG TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, LCOUNTY-Y
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL Z
AREA OF FILL: WATER : / `7 tk? WETLAND : v "
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: -0
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA ? ,?
ARE THE FOLLOWING ADEQUATELY ADDRESSED? ???-{-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
DIVISION 0 =ENVIRONMENTAL AGEMENT
? qY
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project: o'( 4L-K.U,-,- y- C-IF.
Project No.: q
Date Received: (O 2 ?`
F'rza( Date Comment:
Description of Project:
Comments:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 13 , 1993
Regulatory Branch
Action ID. 199302361
Ms. Vicki Kahler
Post Office Box 158
Filer, Idaho 83328
Dear Ms. Kahler:
On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291.
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received May 7, 1993, for Department of the
Army authorization to construct and backfill a bulkhead on Roanoke Sound, Old
Nags Head Cove, Nags Head, Dare County, North Carolina, indicates it to be a
candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
q,
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199302361
and will be coordinated by Mr. Raleigh Bland in our Washington Field Office.
He is available at telephone (919) 975-3694.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
11
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
V'"/r/. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
K
DEPARTMENT OF THE ARMY D M"
WILMINGTON DISTRICT, CORPS OF ENGINEERS D -_..V L5
P.O. BOX 1890 f
WILMINGTON, NORTH CAROLINA 28402-18907 J(W
IN REPLY REFER TO May 13 , 1993
Regulatory Branch
Action ID. 199302361
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Ms. Vicki Kahler for Department of the Army
authorization and a State Water Quality Certification to construct and
backfill a bulkhead on Roanoke Sound, Old Nags Head Cove, Nags Head, Dare
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by July 12, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone (919) 975-3694.
Sincerely,
"?D' -2j 0?7? -L?
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Environmental Prctection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
e>0 Rai
Please type or print. 'Carefully describe all anticipate
developmcnt'activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con- ?
and
tr+oi. If the requested information is not relevant to your If you plan to build a marina, also coml%1'
project. write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2. :Z \ 95
must be completed for all projects. b. Is the proposed activity maintenance of aA
existing pro e , new wo , or both?
1 APPLICANT
?'r
a. Name
AddressSx
City._ell State Ale-
ZiPa 79SS 9 Day phone "7/f V4// &q77
Landowner or 1,/ -Authorized agent
b. Project name (i any) A o7T
02 ave.
c. If the applicant is not the landowner, also give the
owner'sname and address.
-A Cik ! A:?] s./Gle /L
_ O^ X e
-- fi??2 ?'.Dr9?fd 3328
2 LOCATION OF PROPOSED
PROJECT
a. Stre et ddress or secondary mad number
?Qa h/o Ac ¢? Liio
b. City, to , co??tmunity, or landmark
c. County yIqxe-
d. Is proposed work within city limits or planning
jurisdiction??t
e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
c. Will the project be for community, private, or
commercial used
I ?. i i?,47"-ems
d. Descri the planned use o the pro' t.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract -7S'K 5
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical D turn
d. Soil type(s) and textu (s) of tract
SA 4f
e. Vegetation on tract AIJOVE
f. Man-made features now on tract /owe
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
_?Conservation Transitional
i/ Developed Community
Rural Other
h. How is the tract zoned by local government?
of- /
I. How are ad' t waters classified?
a. Describe all development activities you propose (for j. Has a professional archaeoI gical survey been
example, building a home, motel, marina, b ead, carried out for the tract? J If so, by whom?
or pier . keajdl -
+ G is ? ....
3/91
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5 UPLAND DEVELOPMENT
Complrtr this section if the project includes any land
development. v A
a. Type and number of buildin .s, fa Bities, or
stmcturesproposed ONtg 'LJolu
...... ;_1L _ITIZA N.u.-
h. Number of lots or parcels ^ o a !E
C. hcncity (Give the num r of residential units and the
unite her acre.) i4
d. Sire (If Irea to be gr ded or disturbed
e. if tlrc proposed project will disturb more than one
acts of land, the Division of Land Resources must
rrccive an erosion and sedimentation control plan at
lcagt 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
cowml plan been sub fitted to the Division of Land
Resources? /V/A
f. Gi%,r the percentage of the tract within 75 feet of
mrarr high water to be covered by impermeable
sue laces, such as pave ent, buildings, rooftops.
---- -?? °/10
g. List the materials, such as marl, pavet stone, asphalt,
or concrete, to be used for paved surfaces.
h. if applicable, has a stormwater management plan
berry submitted to the Di Vision of Environmental
Management? I,4
;. t ?ce?ril?e proposed sewage disposal and/or waste
water treatrr)e?tt facilities.
j. Have these facilitie?s received state or local approval?
A ?'ra
k. Describeexistin treatment facilities.
1. Describe location and type of discharges to waters of
thr state (for example, surface runoff, sanitary
%v;r?trwater, indu. nal/commercial effluent, "wash
down").
2
m. Water supply source V,19A4- < ".or4nM.)
n. if the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach ac gssways or provide new access.
o. if the project is on the oceanfront, what will be the
elevation above can sea level of the first habitable
floor7
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Length Width Depth
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
M11W
Upland fill
areas
b. Amount of material to be excavat d from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands N/A
'in cubic yards"
e. high grouted exca;;P
3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area? AtIA
If not, attach a letter granting permission m the
owner.
I. Will a disposal area be vailable for future
maintenance? ,'?
If so, where? e4m
j. Does the disposal area include any marshland,
swamps, or water areas?
NA
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards /VIA
m. Type of fill material MIA
n. Source of fill material A11A
o. Will fill material be plac9d on marsh or other
wctlatids?
p. Dimensions of the we to be filled
q. How will excavated or fill material be kept on site
and erosion controlled
A1 1A
r. What type of construction equipment will be used
(for example; dragline? backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen env nmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 7
b. Average distance waterward of mean high water or
normal water level -13
c. Shoreline erosion during preceding 12 months, in
feet y? /
d. Type of bulkhead material to.-r. GVoc i J *
e. Amount of fill, in cubic yards, to be placed below
mean high water .2 (v3. 8 - I
f. Type of fill material
8 ADDITIONAL INFO RMATION,?
In addition to the completed application form, the follow-
ing 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 property. 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 cant' out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 l 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 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Narttc /' Y- rN,.r yDiyA!rX /-mop C C-
A(ldrrss D ?7
ZZC? '?/ .% o81n3?
Name _/'S• .SCo??
Address _4 Z.6 ?a.v 'e,_&44
Narnc M/• ?J Q?
Addrr." 41,6246 /L G ,ar/
_?/ Rio t? ecr G_ -`7•?
A Iisf of previotts state or federal permits Issued for
work ort the project tract. Include permit numbers,
permittre, and issuing dates
A checic f(rr $250 made payable to the Department of
Fnvironment , Iiealt.h, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlrt arras.
A statenrrnt on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Fnvimnrncnial Policy Act (N.C.G.S. I I3A-1 to 10).
t-.p
1p, Z 1 9
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
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 ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further 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
project-
This is theme day of 6__WY('`f , 19 3
?en?t
3/91
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DIVISION Or COAS'T'AL MANAGEMENT ?3?
FIELD INVESTIGATION REPORT
1. A1I11.ICANT'S NAME: Vicki Kahler
2. LOCATION OF PROJECT SITE: Lot 13, Section "D", Roanoke Way, Old Nags Head Cove, Dare
County adjacent Roanoke Sound
Photo Index - 1989: 142-27 Grid 1-17 1984: 138-454 Grid 0-8
State Plane Coordinates - X: 3000000 Y: 813800
D
3. INVi STIGATION TYPE: LAMA/D&F
4. INVES'T'IGATIVE PROCEDURE: Dates of Site Visit - 04/30/93
Was Applicant Present - No
5. PM )CESSING PROCEDURE: Application Received - April 30, 1993
Office - Elizabeth City
6. SI l'F . DESCRIPTION:
(A) Local Land Use Plan - Town of Nags Head
Land Classification From LUP - Transitional
(R) AEC(s) Involved: ES, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(F) Wastewater Treatment: Existing - None
Planned - None
(I') Type of Structures: Existing - None
Planned - Bulkhead
((?) Estimated Annual Rate of Erosion: 4'-5'
Source - 1971 Aerials/Plais
7. 1iAmTAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
(13) Non-Vegetated Wetlands
(C) Other
Shallow Water Habitat 1748 sq. ft.
(D) Total Area Disturbed: 1748 sq. ft. (.04 acre)
(F) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Construct 62 linear feet of bulkhead an average distance of 23 feet
waterward of the normal water line and extend bulkhead another 14 feet across southern neighbor's
riparian access line and place backfill landward of the 76 foot long bulkhead.
Vicki Kahler
BiO Rei)ort
Page Two
Site _Description
Vicki H. Kahler owns a 60-foot wide undeveloped residential lot fronting the Roanoke Sound at Lot
11, Section "D", Old Nags Head Cove Subdivision, Nags Head, Dare County. At the time the subdivision
plnf was filed in the fall of 1971, lot depth was shown as 145 feet. Aerial photos taken in December of
1088 indicate the loss of 80 feet of lot depth from erosion during the applicant's first 18 years of
ownership. Measurements taken during an onsite inspection of the lot on April 30, 1993, revealed a lot
depth of 47 feet. The storm of March 13th and 14th washed away all the vegetation and created a 3 ft. tall
erasion :carp approximately 40 ft. landward of the normal water line.
The applicant proposes to construct 62 linear feet of bulkhead across Lot 13 an average distance of
2.1 fret wnterward of the normal water line. In order to create a lot with sufficient area to meet septic
system/open water separation requirements the applicant proposes to extend the bulkhead an additional 14
feet he}ond the riparian access line of the neighboring lot to the south.
Anlic_ipated Inij?acts
No wetlands or submerged aquatic vegetation will be impacted by this project. The installation of the
htilkhcad will cause short-term turbidity. Approximately 1748 sq. ft. of shallow water habitat will be filled
as a result of the bulkhead construction.
C'ANIA Review
The land use plan consistency review will be submitted by Steve Gabriel under separate cover.
Slihniit(cd hy: M. Edward Harrell
pule: May 4, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stotmwater con-
trol. If the requested information is not relevant to your
project, kvtite N/A (not applicable). Items 1-4 and 8-9
MUst be completed for all projects.
-1 APPLICANT
a. Narne K'I V cle rfd W
Address) x `f 171-4- 10 e J City __1Y4f J T/C4c State ?C
7i p ,;27'I S 7 Day phone 'W f V yl &q77
rrr
If you plan to build a marina, also comte and
attach Form DCM-MP-2. ` c)
b. Is the proposed activity maintenance of anQQ? t
1
existing proje , new wo , or both? 0-1
G w
c. Will the project be for community, private, or
commercial use?
d. Descrithe planned use ,o the pro t.
s. •?
Landowner or 1.-I Authorized agent
b. Project name (i any) fi oT / 3
c. If the applicant is not the landowner, also give the
owner's ame and address.
- i (S t ? /e,A-
-- >9y4 3328
2 LOCATION OF PROPOSED
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract -7S'K
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Vurn
9 D ;e/oo zoh4. 4_V
PROJECT d. Soil type(s) and textu (s) of tract
a. Streeddress or secondary road number
Q e. Vegetation on tract
b. City, toy}'? co unity, orlatrdmark? /ydN?
Die/ a4 J eA you- r f. Man-made features now on tract
c. County P,14-4e-
Is proposed work within city limits or planning
jurisdiction?
Name of body of water nearest project
o a •-Vei /c, e, SD u 44 e/
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
onservation Transitional
t/ JDeveloped Community
Rural Other
h. How is the tract zoned by local government?
i. How are dj' cent waters classified?
a. Describe all development activities you propose (for j
exariiple, build'ng a home, motel, marina, b head,
or pie90. k 'u
Has a professional archaeological survey been
carried out for the tract? /%4 If so, by whom?
3/q I
5 UPLAND DEVELOPMENT
C ornpleir this section if the project includes any land
developtnrnt. I,( V
a. •p^ and number of builditi S, fa iJities, or
stntcluresproposed 0A/t s+a _-_-
b. Nttrnt,rr of kits or parcels _CU &7E
Dcn:if y (Give the num r of residential units and the
units i,er acre.). /i9
d. Si7c Of ltrS to be Faded or disturbed
If the proposed project will disturb more than one
acts of land, the Division of Land Resources must
mccivc an erosion and sedimentation control plan at
lcw:t 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been sub itted to the Division of Land
Resources?_ -
f. (Nvr lire percentage of the tract within 75 feet of
mean high water to be covered by impermeable
sur tiers, such as pave.n)ent, buildings, rooftops.
g. I .ist thr materials, such as marl, pavef stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stonnwater management plan
1-,ern snbmitted to the Division of Environmental
Management?,??Z2
T)r zctihr proposed sewage disposal and/or wale
water treat eft facilities.
J. Ilsvr these facilities received state or local approval?
k. Drecribe existing treatment facilities.
1. Describe location and type of discharges to waters of
the el'te (for example, surface runoff, sanitary
xvac'-water, indus ial/commercial effluent, "wash
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach ac essways or provide new access.
o. If the project is on th,- oceanfront, what will be the
elevation above can sea level of the first habitable
floor?_.IV
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLN?? or (NWL)
Length Width Depth
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MI-1W
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material _,Y1-
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground 6xcavatio* , in cubic yards
2 3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission rom the
owner.
i. Will a disposal area be vailable for future
maintenance?
if so, where?
j. Does the disposal area include any marshland,
swamis, or water areas')
/VIA,
k. Will the fill material be placed below mean high
water'? JV A
1. Amount of fill in cubic yards
in. Type of fill material AIIA
n. Source of fill material
o. Will fill material be pla on marsh or other
wetlands? rq
p. Dimensions of the wetlanto be filled
q. How will excavated or fill material be kept on site
and erosion controlled
A
r. What type of construction equipment will be used
(for example, dragline. backhoe, or hydraulic
dredge)? A.,
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen env onmental impacts.
/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 76"
b. Average distance waterward of mean high water or
normal water level 2 -,,
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 property. 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 work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 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 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Addrrss
Name 4r. Sc o-7T-
Addrr. ss _ ?_ D?j•1/d/? G .LjO
I-TV Addres,z V6 -34 A list of previous state or federal permits issued for
«ork on the project tract. Include permit numbers.
pcrrnittrr. and issuing dates
A check for $250 made payable to the Department of
Fnvironment , Health, and Natural Resources to cover
the costs of processing the application.
A signrd AEC hazard notice for projects in oceanfront
and inirt areas.
A statement on the use of public funds. If the project
involvrs the expenditure of public funds, attach a state-
ment doc•nrnenting compliance with the North Carolina
Fnvironrncntal Policy Act (N.C.G.S. 113A-1 to 10).
: -9
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
'lrtre 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 ap-
proved Coastal Management Program and will he con-
ducted in a manner consistent with such program.
I further 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
project. /
Tlris is t1recP--O day of 193
X
3/91
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IFAD NOTES
NORTH CAROLINA. DARE COUNTY
MEAD ,N[ ron[oolvo rnn a 1,ATL! .1 r A^,. --.
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" IOV AI.1 Ivt'
•. •iRARNIr It ALL Quible and Asst
- °. CONSULTING ENGINI
LAND SURVEYOR
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?wwR,
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that VICKI KAHLER of
Dare County, filed an application on April 30, 1993, for a permit from the Division of
Coastal Management to develop in an Area of Environmental Concern and for certification
from the Division of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards.
According to said application VICKI KAHLER proposes to construct 62 linear feet
of bulkhead an average distance of 23 feet waterward of the normal water line and extend
bulkhead another 14 ft. across southern neighbor's riparian access line and place backfill
landward of the 76 ft. long bulkhead. The project site is located at Lot 13, Section "D",
Roanoke Way, Old Nags Head Cove, Dare County adjacent Roanoke Sound.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of M. Edward Harrell, Division of Coastal Management, located at 1367
US 17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before June 5, 1993. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
May 31, 1993 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
May 26, 1993 for consideration in the water quality certification decision. Later comments
on the CAMA application will be accepted and considered up to the time of permit decision.
Project modifications may occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter will be provided upon request.
PUBLISHED ON: Tuesday, May 11, 1993