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HomeMy WebLinkAbout19951048 Ver 1_COMPLETE FILE_19951214State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Carl F. and Ms. Donna Newton 2814 Bay Dr. Kill Devil Hills, N.C. 27948 DEN Subject: CAMA Application for Review Newton Project Dare County Dear Mr. and Ms. Newton: The above subject CAMA Major Permit Application has been reviewed by this office to determine the potential for the proposed project to violate water quality standards. The proposed project is located on Kitty Hawk Bay. The proposal is to construct an extension and a platform to a previously permitted pier and two (2) mooring pilings. There is no fill proposed to be placed in waters and/or wetlands of the State, therefore no Section 401 Certification is required. If the project is constructed as proposed in the application, this office has determined that the proposed project should not violate water quality standards. If you have any questions or comments, please call this office at (919)946-6481. Thank you. cc: Wdohn Dorney, DEM John Parker, DCM Central Files ?ncerQly, Jim Mulligan RegionalSupervisor .fir ' ??;` Nf1V - Z 1995 I 1424 Carolina Avenue, Washington, NC 27989 Telephone 919/946-6491 FAX 919/975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10°S, pest-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director September 21, 1995 MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: LAMA/DREDGE & FILL Permit Application Review Applicant: Carl F. & Donna Newton rr.CENED OFFICE 5' FILE ? Project Location: 2814 Bay Drive, Kill Devil Hills, Dare County, Kitty Hawk Bay Proposed Project: Construct a 100' x 4' extension to a permitted 200' x 4' pier, and 12' x 25' platform at the pier end. Two mooring pilings are to be placed 12' from the platform. The proposed project exceeds the local established pier lengths by approximately 100 ft. Please indicate below your agency''s position or viewpoint on the proposed project and return this form by October 12, 1995. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY V This agency has no objection to the project as proposed. 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 attached comments. Signed WA e EDEHNF Date V RECEIVED SEP 2 81995 to the project for reasons described in the 1367 U.S. 17 South, Eltzabeth Clty, North Carolina 27909 Telephone 919-264-3901 FAX 91 (f-SMTAL SCIENCES An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper NCH ...`. ?y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carl F. and Donna Newton 2. LOCATION OF PROJECT SITE: 2814 Bay Drive, Kill Devil Hills, Dare County, Kitty Hawk Bay Photo Index - 1989: 146-19 (E 13) 1984: 136-482 (V 16) State Plane Coordinates - X: 2978800 Y: 850800 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 14, 1995 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - September 14, 1995 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Kill Devil Hills Land Classification From LUP - Community, Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Water Access (E) Wastewater Treatment: Existing - Septic field Planned - N/A (F) Type of Structures: Existing - House and pier Planned - Pier extension, platform and 2 pilings (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Estuarine & Public Trust Shaded Waters 700 sq. ft. Estuarine & Public Trust Captured Waters 300 sq. ft. (D) Total Area Disturbed: 1000 sq. ft. (0.02 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a 100' x 4' extension to a permitted 200' x 4' pier, and 12' x 25' platform at the pier end. Two mooring pilings are to be placed 12' from platform. The proposed project exceeds the local established pier lengths by approximately 100 ft. Carl F. & Donna Newton Bio Report Page Two Site Description The applicant owns a .45 acre lot with a 24' x 32' house located at 2814 Bayview Drive off highway 158 in Kill Devil Hills, Dare County. The lot is located on Kitty Hawk Bay and is in a neighborhood of both vacation and year-round homes. The residences are served by a city water system. Black needlerush Juncus roemerianus) and salt reed grass S artina cynosuroides) are the major coastal marsh plants growing along the shore. A coastal marsh island of black needlerush lies approximately 50 ft. off shore. The island is approximately 16,000 sq. ft. in size. The maximum established pier length along this portion of the shoreline is 200 feet. Project Description The applicant was issued a letter of exemption by the Kill Devil Hills Local Permit Officer, July 3, 1995, which allows him to construct a 200' x 4' pier. This pier is currently under construction. The applicant proposes to add a 100' x 4' extension to his pier, a 25' x 12' "L" platform and two mooring pilings located 12 ft. from each waterward corner of the platform, creating a 12' x 25' boat slip. This addition would allow the applicant to reach deeper water. The water depth at 200' along the pier alignment is -1 ft. The water depth at 300' along the proposed pier is -3 ft. Anticipated Impacts Construction of the pier extension, platform and mooring pilings will cause a temporary increase in water turbidity. The extension will create 700 sq. ft. of shading and the positioning of the mooring pilings will create a footprint of 300 sq. ft. for a total of 1000 sq. ft. of captured area. The pier will extend 100' beyond the established pier length along the some shoreline for similar use. It will not extend more than 1/3 of the width of Kitty Hawk Bay. Submerged aquatic vegetation consist of widgeon grass (Ru is maritima) and Eurasian Water - milfoil (Myrioph llum spicatum) growing in sparse clumps. Pier placement is predicated upon causing the least possible disturbance to any resources, both submerged and emerged. CAMA Review The proposed project involves the public trust and estuarine waters areas of environmental concern. No historical/archeological significance is associated with this project. No endangered or threatened species of plants or animals have been identified in the project area. The lot is not part of any unique geologic formation. There are submerged aquatic vegetation beds within the projected work area. The pier is within the applicants area of riparian right and all portions of the project are more than 15' from the adjacent riparian lines. Carl F. and Donna Newton Bio Report Page Three CAMA Consistency Review The Kill Devil Hills land use plan expresses support for the CAMA Area of Environmental Concern standards and finds acceptable any uses in the AEC's that can be permitted under the CAMA permit regulations. So long as this proposal is found to satisfy the applicable CAMA permit requirements, it will be consistent with the Kill Devil Hills land use plan. Submitted by: Frank A. Jennings, III Date: September 20, 1995 Form DCM-MP-1 1. APPLICANT a. Landowner: APPLICATIO (To be completed by all applicants) b. City, town, community or landmark ??r C 472- Hf 1Z c. Street address or secondary road number Name d F 7f /)o4' IA G d. Is proposed work within city limits or planning ?.?,-? ? jurisdiction. Yes No Address /T/ f R E? e. Name of body of water nearest project (e.g. river, City ?M<< ?F?/Z 1?, Z`?( State AI C- creek, sound, bay) t+ Zip z Day Phone q,?/- ? ??- 7 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name fUd /t a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address 4/ i=,Z a o x City State I w ?o?f' w1 .S X I ?- Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? /VLC4,,' Fax c. Will the project be for public, private or commercial l G?? ?T-C use? 4 4 c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE. Permit %Q be issued in name of landowner(s), andlor additional pages. project name. 2. LOCATION OF PROPOSED PROJECT a. County Revised 03195 Form DCM-MP-1 f 4. LAND AND WATER _i CHARACTERISTICS ---------------------- a. Size of entire tract b. Size of individual lot(s) / lUl?lr`/1'NT c. Approximate elevation of tract above MHW or NWL ?2 i d. Soil type(s) and texture.(s) of tract e. Vegetation on tract Aloye f. Man-made features now on tract V0A) E g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation ransitional Developed Community Rural Other h. How is the tract zoned by local government? 94 i. Is the proposed psej&t consistent with the applicable zoning? Vl?' Yes No (Attach zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes V No 1. Are there wetlands o the site? /Yes No Coastal (marsh) V Other If yes, has a delineation been conducted? (Anach documentation, if available) Describe existing wastewater treatment facilities. S'FP 7-/ r4r 8055- 13 qY 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.) S'42f=aC? PLl&) DJC?? o. Describe existing drinking water supply source. T-Fccw 7 7U /5f=Z71t(Lc 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 tide 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 tide, 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 unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 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 MIL Doc- l') llz-r ?Fl?lf4? Address -2 ZJt 2i3c-:z r dFlek Phone 7f /VC 1 - 3 Name wN °f= ?11? - /C Ills Address F/E-13 T3 / - 12,1 z 7_u' Phone ` 46C C 3 V"I e 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. Pntil F • 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. Revised 03/95 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 day of SC , 19- Print Name Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development 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 bonom of each form. jtp 7_7 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. b Dock(s) and/o (Pie s) (1) _ Commercial Community Private (2) Number f- 3C0 (3) Length (4) Width (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) es No E77 Number ,vD -1 .4 F (ii) Length 2 5 Pit (iii) Width / (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines -1 (9) Width of water body 6u TIE- (10) Water depth at waterward end of pier at MLW or NWL f 80? Boathouse (including covered lifts),??? (1) Commercial Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) _ (1) Number /Jove (2) Length(s) Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands wood, sheetpile, etc.) _ N distance from MHW, NWL or distance beyond MHW, NWL or (1) _ Commercial Commu Private (2) Number 0\ -"- (3) Description of buo (Color, inscr' on, size, anchor, etc.) (4) Width of water body m (5) Distance buoy(s) to be placed beyond shoreline g f. Mooring structure (boatli mooring pilMriv*ate (1) g. Other (Give complete description) _ Commercial o m y (2) Number c? (3) Length (4) Width C'F OVA X76,-L) Applicant Pro ct Name Signature c? A;-S Date RECEIVED SEP 2 81995 ENVIRONMENTAL SCIENCES nn P "!R1-1 Revised 03/95 191t2 ?9T A7? ?r l? l? /r "?S ST?GGA27J a?,g?;or. i it -- Y, (o L EJ Pil iN?S AN ??G> DEcr????f - - -- -. ----- - -- _ WXG _ t fi MSL s ? ? ? lcXG S I i,' f (? O i 1 iQt?:) 1?/r7 Z-41LIO S 7-t , tP l'Jfl('lf it J(-1(AM':. A7 3 pD A yc (,?)DE '?'rl?3tP1c'T pica- ? c11nR1I IIIE Ion u.S.l•.G.C E.LR. 1U --- (itE EIN - 0 - N 0 5 0 c I.a 66.3 .a v (p. to o\ o n\ b EXISY FRAMF °- \o 2-S10R \ v- NGS U` 0 14 94' AF PILI \ O, \ n \ . I O, Y) bl \ \ \ C9 p(1R 01 .rn0 1/ t 2 f e 71 \ cnllnl (/ 1i l4'. \ o u• g. e O• `'J \ \ G ?• (? 15.51. O i !5.515 EIR ? 25.5)5 E 4'o 153.21 5 08'35'00 fill F 66.38 EXIS11tIG / 6TS 1102.1 /' E 1 R .. 08 3500 E 2 RI I R.f S Z Colic. oRI`/E CNF. IA pg.IN resell. ?V,'-::.t V7ti?'A 3 010A) vn /r /-10 o . will (? \ ?• - ,• Curl(. r n n,„ .. _......, AYV?Ew pR. ,? `\ -- (fOnl.IfalV (InY nnlvE ----- 1F^- -.-?_.-----?_-- R \ SC TR fOn[F 1 07 ELR lf1_P((1--- E.I.R. 51.01' fa.( 4',e its ?1..??--? 7 r ----------- NOTES: \ 1.) O.S.A C.E. "404" LINE CERTIFIED 8/21/90 BY U.S.A.C.E. - R. THOMPS0N 2.) AREA: LOTS 1,8 k 112 OF 9 =6,378 s 1. 0 LOT 1 = 4,318 S.( TOTAL AREA (coved. mothF In.999 s.T J.) PROPERTY IS LOCATED IN A F I.R.M. 71ME 'A-4" 4. PI.N. - 07 (98) 7570 81 4015 07 (98) 7520 81 5166 5.) F.FL. EIFV - 15.4' ,Ai,At1141(fr/r? AVG. GRD. FL. PRINTED^ / - ?.'?C 1991 . WATERWAY ,;'n ENG <,,?' ?oyE Motor, 61.96• y OH'J6'00? W? I T IJ(.f t (A EXISTING IT sEPTIC sYSTEAI .p r^ m o m .O 1 m 0 i N? CRY. ?- 01 b Z Y LI R, E 5? ?0 07. (IR S Z?Z \ ?.. \ A FAoo 1, dM(ES L. OVERTON, SR., CERTIFY THAT UNDER 2-5 rnt SIIRVFY I' OR. 2-5514 r I r IV E T V1 DIY OIREC17ON AND SOPERS4SI0N MIS PLAT WAS - w-- C A 1 ?.1? / .l _IA ' DRAWN FROM AN AC TI)AL FIELD LANG SURVEY; M(N17/1 1/91 d e V ON THAT THE RATIO OF PRECISION AS CALCOLAIED - nn wife (II( NO - IS 1;/d?i THAT 1111-S PLAT WAS PREPARED 91-5571 DONNA G. NK W/ON IN ACCORDANCE M"( N.C.A.C., IITLF. 21. CHAPTER -S`;-"I4' -_ - ---- .-.....__._..-.-_..-----------._...-------.-. -..__...-.----'---.--_---------...-__-. 56 SF.CIION 16(70. MiNESS AIY ORIGINA .SICNATIME REGISTRATIO Nn. 1 m LOTS 7,8 dC $,1/2 OF BLOCK 88 ?( (_OT 1, ©L0CKFf2 AND SFAI. MIS 1.7244' DAY.OFT- - wfz. nllwrl2/IM1/91 y111P?(Gl(i`111A IDAIME ?1M?11FS1E? - `- ml(litn f<ILI ITFVII HILLS -?--?- .AO 17/16/91 AS RECORDED IN M0 2, PG. 1.51 d( MD. 1, PC, 168 -----? ??_ 1-11,139 - ---._. (>mnwc LINts mew(I n(n[nN oust lot \Tmnur nlr sunv(rrR AiLAPJ1IC TWST' nAf)r- Cf111NTY - NORTIi CAROIJTIAUJI V ,M(s fin rrnn[IrAll(IfJ AS TO I(MING Afln/nn RtSMILi1'T ?'1N NANT Sr 111 A11(s 'IiR?fY Is Sun.IF('I ANY FACT; nlAI VAY 111 SURVEYS & ENGINEERING, LTD. ?1 '?, ^ fr'll ANb ArCWRATT NTIF SIAR0r nlsClu'IT A11 Is I11F I'Nnl'1P,I1 Of HATIRWAY A .,r:P, 1111 : (),1 '.1 1,1?r1l f7, ,I( I)AI ',OfITII ?Brn llanl11I IISr nR Al 11 PA MIN I, (•11(111,11..1 X11,1 1'1 'Ii(1A IAf,I IIIV} ',III IE '/ kill 1J1 111 I1111.';, I! C 4!I 441 -211 1 NRICI<iyll'lf")f MAP N. T. S, I , ¦ 1-1 Poll ---r..? 14Rs1?•? ... /?lj?/ to h ?U JJ 66.3 05 1 00 U It 7 ° ?4 N .n, I.a.F. 7 o Z A e a G ? O ry?o Q 153• S ?-_ ....._. ?r I a.F p8 C.N.r. AY V'? y nnI DR. B (ronraEn?Y nn ?1tIE to VNClfNll r)y MAP N.T.S. >u ww ?6.t. PD.f3i matt.., •1 ? ?(IEcv7?'ti1 s OT??? (1` E.LR. nk-PEU _-- <A- _ _ W 51.0?7\ 11 08'3G'00• ZL)lp0% Vl,I IT n',I'1I AI 1) 1 04' i• 1 1 ??`, ?• _ ,' CUUc, f'AICtI- ........... - \ SEWER Fonct MAIN 51,01 I.R.F. 4P, NOTES: 1.) U.S.A.C.F. '404" LINE CERTIFIFD 8/21/90 BY U.S.A.C.E. - R. 1T10MPS0N 2.) AREA; LOTS 7,8 & 112 OF 9 =6,378 s 1. 2 LOT 1 = 4,319 s.l. TOTAL AREA (coord. ..Ih) 16,699 !,J.' - 3.? PROPERTY IS LOCATED IN A F.I.R.M. 7ONE 'A-4" 4. P.I.N. - 07 (98) 7,970 81 4015 07 (98) 7520 81 5166 Itrr,l4rrr? 5.) r.r.L. EIEV. - 15.4' 0 AVG. GRD. FL. •? X11 1. ? ?(( ??r ?,\AI F'RINTE - ?' `t•? L-3339 1991 G `_. WATERWAY ;I MI ENGRG t ? • o-NJ' - ?'r?? err awil 'p? I.R.F. .D, 0 T? ti Y FIR -7nr _ S rn o? A 1, JAHES L. OVERTON, SR., CERTIFY THAT UNDER CA00 fitI 2-5514 51)IIVFY I OR: A(Y DIRECTION AND SOPEROSION MIS PLAT WAS -SIMVTYFU--- ^ r T C? I>' ( F NE Nl, WIT N DRAWN rROAI AN ACTUAL FIELD LAND SURVEY, 1,41 K 17/1.1/91 - ? . PEAT 711E RATIO OF PRECISION AS CALCOLA)ED IS 1; /Dm? . M -- - If [ do ??? wile T1 - AT n115 PI-4T WAS PREPARED IN ACCOR 91-5574 DONNA G NL; WTON DANCE M714 N.C.A.C., 71T1.E 21, CIIAPTER ---- ---- - -------- ----------__.__..--.-- . ------ 56, SECTION 1600, tt11NESS MY ORIGINAI SIGNATURE RECISTRATlo?(v Nn. AN SFAL 11115 7,`4 -1 1f1 R -STS Ira dt S,??2 OF 'V ' \ --------.-------_--?-- 9 BLOCK 88 dC LOT ?, F]LOCKf32 O 1. DAr• c1Fj ;, , V; /,R „ 1[1R Gn ,11I,k IDOARIE S1HIORIES /? / -- --' KILT 0170 _ HILLS R,l_. ---- -. I ...3339 A0 17/16/91 ---•-- ---- - A5 RF.CORDE -- ... - ----°-- I) IN: M D. 2, PG ---- ------- . 131 & M.D. 1, PG. 180 ,..----- --- R411lDINC L1NCS SIIOwN HEnfnN 1JUST tiT VFRI?IEp 11117 SI1RVTY(R uAw.fS NO ('EntIFICAnON AS 70 10HING AND/nn RISMILIV-1 ut I' A, r -- ATl_ArJTIC TINT' DAI?F COUNTY NQRTIJ CAROLIPIAU •, r -1 / itq• SLIR"tY IS SURJE.fr 10 ANY rACTS MAI MAY III I,IsnirIr C-tt? /? rw-?y u y,, SURVEYS III ENGINEERING, LTD. "1 '? • • t,•I I. At") Af(.o-or m r it Anctr . At Is III( PROPtRTI IT NATtRWAY 1,1-11%11; A IN17P I to :'(t •1 '; T ?)Il nrr ;II.II/AI C0I1 T11 'II,n 1111:1811111 115E 014 At TjPAIN)N I, P11(1IDIu,I•, i ,,l l•) r) ,-I1r`A IAI,I I MW ., '.Ill lf. ;i k11 1 1)1.111 11111, ;, II C .".1411 i?I,1) 141 i11 ?? APY vxr PRo f Wf r /o rq r CSC) ? lx "0))4S p 16 2- 11AW" srrt__,Y -:n?? f_y 61.76' (p 1 0 o ?. ?9 w i- TN (-A I-. 3 ti_t s? ??`' ` x : x a X ? ? 1,0 ?yy 1Y J Q V?3 f ?I v k i 3 KIS? 1/`1 ?..? TJ) 1 D a C DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO September 29, 1995 ATTENTION OF Regulatory Branch Action ID No. 199505836 Mr. Carl F. Newton 2814 Bay Drive Kill Devil Hills, Dear Mr. Newton: North Carolina 27948 50 1-4%, Oct OS I .S '44 ?'FS On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Department of the Army authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received September 25, 1995, for Department of the Army authorization to extend your existing pier on your property, located off Bay Drive, adjacent Kitty Hawk Bay, in the Town of Kill Devil Hills, 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. 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_, has been assiyned Action 1D No. 199505836 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919)975-1616, extension 4. Sincerely, 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 Mr. John Dorney Division of Environmental Management North Carolina Department. of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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 Wetlands Regulatory Section-Region IV Wetlands, Oceans and Watersheds Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/o O/Pie s) (1) _ Commercial Community _ Private (2) Number f- (3) Length 3CY? (4) Width (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width b. C. d. (6) Platform(s) es No (i) Number - -.9 (ii) Length 2 5 P?2 (iii) Width /.1? (7) Number of slips proposed pV?ig (8) Proximity of structure to adjacent riparian property lines -? ?- r (9) Width of water body / lt, TIE- (10) Water depth at water-ward end of pier at MLW or NWL /90+ Boathouse (including covered lifts),?? (1) Commercial Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) (1) Number IJ 0 A-) (2) Length(s) Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands wood, sheetpile, etc.) _ N distance from MHW, NWL or distance beyond MHW, NWL or M? .. i (1) _ Commercial Commu ' Private (2) Number (3) Description of buo (Color, inscr' on, size, anchor, etc.) 7' -P V16 (4) Width of water body /;tYC- (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure -(boatli mooring pilin (1) _ Commercial o m y rivate (2) Number rf (3) Length All, (4) Width rx g. Other (Give complete description) ( ?' , F ?? ??- - L) Applicant Pro' t Name Signature 1 Date Revised 03/95 Form DCM-MP-1 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 IV/L Da Address 3.45 7 i2/3c--/ 2 T Phone A/ nc ?/l /,)C --A W - 3 Name X& V - l? 116; Address `t / - r /? z 7_r_,1_o 1 Phone 11 Q? ac D v 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. AICtiI F • 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. Revised 03/95 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 1 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 day of SC P , 19-2.1- Print Name Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development 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. ? ( ?, r a r f (1 v ? ' Form DCM-MP-1 4. LAND AND WATER r!? CHARACTERISTICS ------------------- a. Size of entire tract /ltilr ZCn. b. Size of individual lot(s) o c. Approximate elevation of tract above MHW or NWL ,2 d. Soil type(s) and texture(s) of tract 14 e. Vegetation on tract A100C f. Man-made features now on tract VOIJ E g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Developed Rural transitional Community Other h. How is the tract zon Z local government? L Is the proposed p? eect consistent with the applicable zoning? V Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eli ible property? Yes No 1. Are there wetlands o the site? /Yes No Coastal (marsh) V Other If yes, has a delineation been conducted? (Attach documentation, if available) Describe existing wastewater treatment facilities. 5?LE 7-7 .,dC 905-L O / /.-vim<T ? T ? ? 1= r s FE ? T, 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.) S' 4 e C7 Rtm) O o. Describe existing drinking water supply source. Ttcc,A) Cl / r 12R11,'rCLs 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.020' ) 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 unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: Name b04kA- G . N?7-7ee?77',Av Address ?1 qY P R City /? < OF11Z 111 ZS State 0I C- Zip Z'7911-6 Day Phone qW- 6 ?+ 7 Fax b. Authorized Agent: Name )d Address City State Zip Fax Day Phone c. Project name (if any) Akyuc NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County 1) 4?? C-- b. City, town, community or landmark r C_ C,IL Hr 4z,-5" c. Street address or secondary road number /3 'q? h le d. Is proposed work within city limits or planning jurisdiction? /_-' Yes No e. Name of body of water pearest project (. . river, creek, sound, bay) /l/ ??/ f?'4 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. OnA) s7` V C-7'7c y 0,4= '5-00 3 0 o x ?/w4Fa?'? ?.S X I ?- b. Is the proposed activity maintenance of an existing project, new work, or both? 1U54,-' c. Will the project be for public, private or commercial use? 2 / ?? 7Z= 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. /yl¢7-C /E2 (Ti_,v - L NGS ,? 5-19-L7" l / F_1171> /))cc Revised 03/95 Carl F. and Donna Newton Bio Report Page Three CAMA Consistency Review The Kill Devil Hills land use plan expresses support for the CAMA Area of Environmental Concern standards and finds acceptable any uses in the AEC's that can be permitted under the CAMA permit regulations. So long as this proposal is found to satisfy the applicable CAMA permit requirements, it will be consistent with the Kill Devil Hills land use plan. Submitted by: Frank A. Jennings, III Date: September 20, 1995 I Carl F. & Donna Newton Bio Report Page Two Site Description The applicant owns a .45 acre lot with a 24' x 32' house located at 2814 Bayview Drive off highway 158 in Kill Devil Hills, Dare County. The lot is located on Kitty Hawk Bay and is in a neighborhood of both vacation and year-round homes. The residences are served by a city water system. Black needlerush Juncus roemerianus) and salt reed grass S artina cynosuroides) are the major coastal marsh plants growing along the shore. A coastal marsh island of black needlerush lies approximately 50 ft. off shore. The island is approximately 16,000 sq. ft. in size. The maximum established pier length along this portion of the shoreline is 200 feet. Project Description The applicant was issued a letter of exemption by the Kill Devil Hills Local Permit Officer, July 3, 1995, which allows him to construct a 200' x 4' pier. This pier is currently under construction. The applicant proposes to add a 100' x 4' extension to his pier, a 25' x 12' "L" platform and two mooring pilings located 12 ft. from each waterward corner of the platform, creating a 12' x 25' boat slip. This addition would allow the applicant to reach deeper water. The water depth at 200' along the pier alignment is -1 ft. The water depth at 300' along the proposed pier is -3 ft. Anticipated Impacts Construction of the pier extension, platform and mooring pilings will cause a temporary increase in water turbidity. The extension will create 700 sq. ft. of shading and the positioning of the mooring pilings will create a footprint of 300 sq. ft. for a total of 1000 sq. ft. of captured area. The pier will extend 100' beyond the established pier length along the some shoreline for similar use. It will not extend more than 1/3 of the width of Kitty Hawk Bay. Submerged aquatic vegetation consist of widgeon grass Ru is maritima) and Eurasian Water - milfoil (Myriophyllum s icatum growing in sparse clumps. Pier placement is predicated upon causing the least possible disturbance to any resources, both submerged and emerged. CAMA Review The proposed project involves the public trust and estuarine waters areas of environmental concern. No historical/archeological significance is associated with this project. No endangered or threatened species of plants or animals have been identified in the project area. The lot is not part of any unique geologic formation. There are submerged aquatic vegetation beds within the projected work area. The pier is within the applicants area of riparian right and all portions of the project are more than 15' from the adjacent riparian lines. 1 DIVISION OF COASTAL MANAGE FIELD INVESTIGATION REPORT TDrce?C 995 OCT - 4 1 1. APPLICANT'S NAME: Carl F. and Donna Newton 2. LOCATION OF PROJECT SITE: 2814 Bay Drive, Kill Devil HillnZ DittyHawk Bay Photo Index - 1989: 146-19 (E 13) 1984: 136-482 (V 16) State Plane Coordinates - X: 2978800 Y: 850800 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 14, 1995 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - September 14, 1995 'Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Kill Devil Hills Land Classification From LUP - Community, Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Water Access (E) Wastewater Treatment: Existing - Septic field Planned - N/A (F) Type of Structures: Existing - House and pier Planned - Pier extension, platform and 2 pilings (G) Estimated Annual Rate of Erosion: N/A Source - N/A, 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Estuarine & Public Trust Shaded Waters 700 sq. ft. Estuarine & Public Trust Captured Waters 300 sq. ft. (D) Total Area Disturbed: 1000 sq. ft. (0.02 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a 100' x 4' extension to a permitted 200' x 4' pier, and 12' x 25' platform at the pier end. Two mooring pilings are to be placed 12' from platform. The proposed project exceeds the local established pier lengths by approximately 100 ft.