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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 z c? ^Q 1 ? 0 Ir u A v ? N ? Z 0000 I RECEIVED pn!1 2 1 '93 0 N r 3 a 0 . ?l 4J J O d ?I J O? of a 3 J 3 r,• "i J I I? v 0 .?r Sh(t-.-F7 9 ,t , oG 2 Z 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 i r-, '?l) 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 ?l "Its ?I MM? lI 1 i J O? v v l'1 ?I ?I e 0 v 3 3 V: 0 •' f ?r 1 r' f 1 r t , i ' NJ • r? .o O X ' ra?7 ^? z c 2 r c U "pV A 0 l O hh? i? N T 1 ?r?.aars aA ray ? 1 ?6, Z t,dV 1 (]3A1303d 0 Z 0 C Z A y ?n• a xmc o= oL 0- 0M g dN2aR. Vyv n • to S ?e stn ? Sao N n a 1 a' 0 _o C r ? A o ? v c t ' ??? •i T 1?? lD 1 1 0o A?.l.,r L,a' {e.eol Ro.ev A..,r .e.•ulr {R.el, r1.7R• e. {' b.G.. •rrlll r.•.J :14.7N1 rl?n:al A•uJ• . a+1 .F,741' !1.7111 '' ,1, +a 1! 1. be.. 'i ?l', r4.1 ?. ±O U . 10 11 •i 2J ,' 6 , - 1? 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DARE COUNTY TN[ FOR[OOINO ::rltT IF IC ATr1 W' RI aAAU VVIYL• _ R[G I?-ERro "NO *IV RV[VpR AKO b 'L AT A NOrARV ?UfILfC (P M[CKL[N[U O L t . %1^,• O VIRGINIA. AR( CKRTIFI[O TO 110 O" CT, •R[f/ci.N ?ED [OY RI GILT " T ON 'Ow I / TNIf TN[ OAV Or' ??, 10 A7? / A:LO%;K.L- M. IS[ AND R[cOROrD 1" TNIl1 O RICO Ih MAr ROOK AT rAa[ IOWR• , & i n. Ott a11701 Or nr/ 01 A. MI no. - AV ?I%T AN- Nt 1. 1OC nt fDp? .1 APR 2 1 '9,71 rlr?rb•.+ ?^r 1 OLD NAG/ CAROI. rf., ok"o-or{ rl), t. l`1 VI\' TOWN OF NAGS HEAD-DARE COUNT •LO At. it S t'If1ON r MUM I°" • A AT$ v it, 'Je ,N , Lots 1Thru `• 1 - i CQUAI.? I,R, Quible and Asst k 4IIA?NI<' SC ALC CONSULTING ENGINE LAND SURVEYOP l7v^9r ell* vl06441 ?wl?Iw 1 t r ?b H 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 Lan net o utl?orized agent r ? ,:v1 J C1 a O M ? 1 i J bl? ° e 0 ?I ?I ?I v ?I I DI ?I r 0 v 3 •f. 't J 'v r. I M N q ?O 0 O a N O Q• ? o r? ?z z v ? 9 ? o r ? ru? J c:z e 0 t. I - ?6, Z tic1V , (]3h13?3d 1 J" ` 1 O 1 ri 1 ? 0 c \ W Z a \- Z ?? v 11 rt 1 z AL A ao (D ? a? C C1 rn o Z n c `^° 01. a> a: i M- D c. v? jog ' o s o 'I 3 r ? ? r "AN c O ?/ a lv» .,. ooY . r. 10 ,0, •o.co• . . -7 . .., I . .n.lo 01 n..,. • •,. ^• li 7? (D E . 9 1 o i 1 (2 ?_ i 13 ? IS ,? \ ?? .1n't n .• „-„ w _ WAY - .. _, •1•, ui' _.. _ a '.,Y.O„' ?.•1• «.+? ?.t .. .": -Tr. rr rr rr rr ^ M' o x'11. •,,I ?r •0.00• W,I„ 1.III I I lrn•: I 0\1 19 1 F <3n 37 i - 36 I;. 35 29•.Ia .. I 'I' Rnl. I. .x ?n.N' f ,?• 61 ?? I IFAD NOTES NORTH CAROLINA. DARE COUNTY MEAD ,N[ ron[oolvo rnn a 1,ATL! .1 r A^,. --. R[L. Is- [nr? 1_x NO svwYe row Awo ?? ?, I 'I Al A NOTARY RVtILJC O. Mt Cwl [N•V RD L N 1A OP ,,I, ..f cc.' 'I It - lo r vON is TN[y DAY fl-10 Iry?Al?-v• I:LOr:ry,?, 4. x :r AND Rr CORDID I.Y NI! O ('[ IN MAR wc.M „wAl I-E AR ?I 1, AN• Nr r.rw r.., or n, rus 26 25 _ uo• r ? 7s ?•-,r APR 'l 1 '". 1 OLD T/14671f !! _Awol N .... ..s r. .. ,.r. TOWN Of NAGS HEAD-DARE COUNT S L:C uN Lots 1 Thr•u " IOV AI.1 Ivt' •. •iRARNIr It ALL Quible and Asst - °. CONSULTING ENGINI LAND SURVEYOR . r•A!r t•... , IwPI,. ?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