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HomeMy WebLinkAbout20031406 Ver 1_COMPLETE FILE_20031107rFR pG a. Michael F. William G. I North Carolina Department of Environment and ] Alan W. Klin Coleen H. July Wake DWQ Project # ( Marlowe & Maye, LLC Attn: Mr. Stuart Marlowe Post Office Box 20667 Raleigh, NC 27619 Subject Property: Riverbrooke II Subdivision APPROVAL of Stormwater Management Plans Dear Mr. Marlowe: ey, Governor Jr., Secretary ral Resources P.E., Director Water Quality puty Director Water Quality 2004 )unty 1406 Staff of the Division of Water Quality have reviewed the modified stormwater management plan submitted by your engineer (Peter D. Cnossen, Jones and Cnossen Engineering, PLLC) dated May 6, 2004 (received May 12, 2004). This plan satisfies the condition of the 401 Water Quality Certification issued to you on February 10, 2004. As stated in that Certification, this stormwater management facility must be constructed and operational and the stormwater management plan implemented. All other conditions of the Certification are still applicable and must be followed. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Cynthia Van Der Wiele at 919.715-3473. Sincerely, n R. Dorney DWQ, Manager JRD/cvdw Cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Peter Cnossen, Jones and Cnossen, P.O. Box 1062, Apex, NC 27502 N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands DWQ # 03-1406 Page 2 of 2 • Maximum Q10 discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader for grass or thick ground cover In some instances, because of topography, the size and imperviousness of the drainage area, or other site constraints, conventional level spreader designs are not appropriate. However, there are alternative designs, like the ones listed below, that would allow a level spreader to function properly by bypassing the larger discharge events. This is based on the assumption used in designing most water quality BMPs that the "first flush" of stormwater discharge contains the most substances of concern. These other alternatives are "allowable (require written approval from DWQ)" for protected buffers in the Neuse, Tar-Pamlico and Catawba basins, but would not be allowable in protected buffers of the Randleman watershed. Level spreader with bypass for larger drainage areas that require 85% TSS removal or where lateral constraints limit the level spreader length severely: • Dry detention basin designed per NCDENR Stormwater BMP Manual` sized to detain 1" rain and release it over 2-5 days" through a level spreader. • Level spreader length based on the maximum release rate discharge • Discharges from greater than a 1" rain can be bypassed via an appropriate conveyance such as a grassed swale (rip rap lined ditch or pipe may be used if necessary) • Maximum discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader for grass or thick ground cover in order to meet 85% TSS Removal criteria) Another bypass alternative can be used that would not be considered to remove 85% TSS: • Detention basin such as a type B silt basin preceding the level spreader • Level spreader length based on the 1" per hour intensity storm • A system designed to bypass the greater than 1" in per hour intensity storm through an appropriate conveyance such as a grassed swale (rip rap lined ditch or pipe may be used if necessary) • Maximum discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader for grass or thick ground cover Yet another design that can be used in very specific areas with virtually flat slopes is a Preformed Scour Hole with a Level Spreader Apron (typical detail attached): • Discharge area must have virtually flat slopes such as those in flood plains or wetlands • Must be located outside of zone 2 • B = 3 x discharge pipe size for pipes of either 15 or 18 inches B= base width (see detail) • Maximum allowable discharge (Q10) of 6 cfs for a 15 inch pipe and 10 cfs for an 18 inch pipe • Minimum apron width of 4 feet. Any of the above options will be considered acceptable if designed in accordance with the outlined criteria. Please keep in mind that some of the above practices may still require written approval, for instance when a direct bypass discharge is proposed through a protected buffer in the Neuse or Tar-Pamlico River Basin. f Ord k T? Michael F. Easley Governor r William G. Ross, Jr., Secretary } 4 Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Draft Level Spreader Design Options Version 1.0 October 10, 2001 Using Level Spreaders to Provide Diffuse Flow Through Buffers for Compliance with Riparian Area Protection Rules Level spreaders are one means of providing diffuse flow through protected buffers. It is always preferable to not concentrate stormwater initially and provide as many outfalls as possible. This can reduce or even eliminate the need for engineered devices to provide diffuse flow. However, this is not feasible in many cases. Some buffer protection rules such as the Neuse, Catawba, and Tar-Pamlico Riparian Area Protection Rules do not allow direct discharges of stormwater through the protected buffers. However, it is "allowable" with written approval from the DWQ to provide best management practices (BMPs) that remove the nutrients or pollutants in question in order to discharge directly through the buffer. These measures could include the use of the buffer itself as a forested filter strip, for instance, to remove the desired substances. In addition to providing diffuse flow, level spreaders can be used to distribute flow into filter strips. There are certain criteria that apply to every design that utilizes level spreaders to provide diffuse flow: 1) The entire system must safely pass a 10 year storm event without failing or causing erosion, gullies or rills. 2) The design of the level spreader must take into consideration site specific conditions such as topography, vegetative cover, soil and other geologic conditions. If diffused flow is not attainable based on site conditions they should not be used. (i.e. the slope of the natural ground away from or parallel to the level spreader should be relatively smooth in the direction toward the stream so that the flow will not reconcentrate.) 3) Level spreaders should have a minimum length of ten feet and an absolute, maximum length of 300 feet. 4) It is always easier to keep flow distributed than to redistribute it after collection. 5) The type and amount of vegetative ground cover must also be considered. 6) Level spreaders must be level. Level Spreader Design Options: Conventional level spreader design option where entire discharge is passed through the level spreader with no bypass conveyance for larger storms: • For grass or thick ground cover vegetation: i)13 feet of level spreader for every 1 cfs flow (Based on Q10 discharge) ii) maximum length of 300 feet per level spreader iii) Slopes of 8% or less from level spreader to top of stream bank • For forested areas with little or no ground cover vegetation: i) 100 feet of level spreader for every 1 cfs flow (Based on Q10 discharge) ii) maximum length of 300 feet per level spreader iii) slopes of 6% or less from level spreader to top of stream bank Another conventional level spreader design technique that can be used to accommodate steeper slopes where grading is allowed or exempt in zone 2 of protected buffers is to provide level spreaders in series as follows: • Can be used on slopes of up to 15% for forested areas and 25% for grass or thick ground cover • Structural level spreader just outside of zone 2 followed by a grassed berm level spreader just outside of zone 1 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), httD://h2o.enr.slate.nc.us/ncwetlands/ ti O O r- 1 t n ?7 f` q r G? v. ? 0 O70 Q' l c? 7 6' D a V r0 ? ca ? y C'7 n 'r i 41 ? l7 is I o I-°+ cr_ _J I ao L M 0 7 x -4, Cr' Vl iJ? 'U ?1 Cn '7 D t (? "1 C5 J z Y ?r -H y- I-- E1 1J ?3 u 0 -+, r z? `r m '0 JONES & CNOSSEN 0 ENGINEERING, PLLC LAND DEVELOPMENT ENGINEERING, PLANNING 13 MANAGEMENT Mr. Bob Zarzecki North Carolina Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Stormwater Plan Riverbrooke II DWQ Project 403-1406 Dear Mr. Zarzecki, 106 W. CHATHAM ST. P. O. Box 1062 APEX, NC 27502 (919) 387-1174 FAX: (919) 387-3375 May 6, 2004 WETLANDS/401 (-,ROUp AIAY 1 2 2004 WATER QUALITY SECTION In accordance with Condition 2 of the approved 401 Permit for Riverbrooke II, I am herein submitting a Stormwater Plan for your records. Per this condition, stormwatcr facilities are required to convey concentrated flows to non-erosive velocities at the outlet structures. For this purpose, we have provided either level spreaders or performed scour holes at the outlet structures as shown on Sheets 2 and 3. These devices were sized using the DWQ guidelines presented for level spreaders. The design information is provided on Sheets 2 and 3 of the Stormwater Plan. If you have any questions with regard to the stormwater plan or require any additional information, please call me at your earliest convenience. Sincerely, 1, r." ? , - .6" Peter D. Cnossen, P.E. 17252 cc: Riverbrooke II Development, LLC S&EC I ?!? J ? .? ?L?riS bpK Lcur CF Vi zcJ GnC, Cti\P?Jl . 5?la?oy 0336 Stonmvater.doc MATE Michael F. Easley, Governor F 9 OCR pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` j Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality February 10, 2004 Wake County DWQ Project # 03-1406 Marlowe & Maye, LLC Attn: Mr. Stuart Marlowe Post Office Box 20667 Raleigh, NC 27619 Subject Property: Riverbrooke II Subdivsion APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Mr. Marlowe: You have our approval, in accordance with the attached conditions, to impact 0.1209 acres of headwater wetlands, 137 feet of intermittent streams and 0.39 acres of buffers for the purpose of constructing a residential subdivision as you described in your application dated November 6, 2003 and additional information received on December 19, 2003. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3402. This Certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and those listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. NUENH N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetlands \ NA T? Michael F. Easley, Governor F R O? PG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ Cp r Alan W. Klimek, P.E., Director ? y Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality February 10, 2004 Wake County DWQ Project # 03-1406 Marlowe & Maye, LLC Attn: Mr. Stuart Marlowe Post Office Box 20667 Raleigh, NC 27619 Subject Property: Riverbrooke II Subdivsion APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Mr. Marlowe: You have our approval, in accordance with the attached conditions, to impact 0.1209 acres of headwater wetlands, 137 feet of intermittent streams and 0.39 acres of buffers for the purpose of constructing a residential subdivision as you described in your application dated November 6, 2003 and additional information received on December 19, 2003. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3402. This Certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and those listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. t4C0ENH N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27603-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http:/fh2o.cnr.state.nc.us/ncwetlands Page 2 Marlowe & Maye, LLC February 10, 2004 2. An additional condition is that all constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, 1 . Klimek, P , DWQ, Direc or JRD/bs Attachments: Certificate of Completion Cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Sean Clark, S&EC DWQ # 03-1406 P1W1 Michael F. Easley, Governor O?O? W A T ?9pG ! r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Quality Division of Water ualit / January 2, 2004 ^ Wake County ,?,sZ b \\?DWQ Project # 03-1406 Marlowe & Maye, LLC T" Attn: Mr. Stuart Marlowe .(? Post Office Box 20667 Raleigh, NC 27619 Subject Property: Riverbrooke II Subdivsion APPROVAL of 401 War Quality Certificatiop,-and Neuse River Buffer Rules Dear Mr. Marlowe: You have our approval, in accordan e with wetlands, 137 feet of intermittent str ms residential subdivision as you describe i information received on December 19, 20 is covered by General Water Quality Ce i Nationwide Permit Number 39 when the t Neuse River buffer rules (15A NCAC 2 . local permits before you go ahead with ou Control, Coastal Stormwater, Non-Di ch-, approval will expire when the acc mp specified in the General Certificatio . ie attached conditions, to impact 0.1209 acres of headwater nd 0.39 acres of buffers for the purpose of constructing a your application dated November 6, 2003 and additional After reviewing your application we have decided, this fill -ation Number 3399. This Certification allows you to use p of Engineers issues it. This approval is also valid for the 233 In addition, you should get any other federal, state or proje t including (but not limited to) Sediment and Erosion ;e an Water Supply Watershed regulations. Also this hying Q4 or CAMA permit expires unless otherwise This approval is only valid for the p rpose and design 'that you described in your application. If you change your project, you must notify s and send us a ne application. If the property is sold, the new owner must be given a copy of thi Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in t e General Certification. If total wetland fills for this project (now or in the future) exceed one acre, co pensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and those listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. JY 2 RC6 "a N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http:/lh2o.enr.state.ne.us/nc"ctlands Page 2 Marlowe & Maye, LLC January 2, 2004 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, Alan W. Klimek, P.E., NC DWQ, Director JRD/bs Attachments: Certificate of Completion Cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Sean Clark, S&EC DWQ # 03-1406 G?- E-- J, -?? ??- can,, C? ul) Q"y 1 C`a'n --No/) ° 1? '? Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 Department of Environment and Natural Resources Division of Water Quality wETI ?P,l?e 1401 (, Attn: John Dorney ROUP 2321 Crabtree Boulevard Suite 250 IE C 1 9 2003 C Raleigh, NC 27604 WATEfZ OUgLI1YSECTION Re: Reply to the Division of Water Quality's November 26, 2003 letter Riverbrooke II Subdivision Garner, Wake County, North Carolina Dear Mr. Dorney: This letter is in response to your letter dated November 26, 2003 (copy attached), which requested additional information for the proposed Riverbrooke II Subdivision. 'fhe attached project map is on a large sheet with a 1:100 scale. The following restates your questions as shown on your letter and then provides our response. 1. Please provide the location of any proposed stormtivater Management practices as required. As per Item 4 in the "Conditions of Certification" for WQC #3402, a stonnwater management plan is only required for sites that have greater than 30% impervious surface cover. Because this site will have an impervious surface cover of 21.1 % (see calculations on the attached 1:100 scale site snap) no stromwater management plan should be required. 2. Please provide detail for the stornnvater management practices as required. See the above response for 1. 3. Please indicate all stornnvater oufalls on the site plan. All currently proposed stormwater outfalls are shown on the attached map for the proposed project. Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane Concord, NC 28025 Greensboro, NC 27455 Taylorsvil e, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone: (28) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 December 19, 200--1 r`? s Ur S&EC Project # 7931.W1 DWQ# 03-1406 4. Please indicate the d ff se flow provis on IiiECs:im-es on the Site plan. Stormwater outfalls are shown on the attached site plan. These outlets have riprap dissipaters/plunge pools at each outlet to ensure diffuse flow to the buffers. These outlets then discharge into wetland areas (not buffers) prior to enter-ling surface waters onsite. Please call Mr. Peter Cnossen of Jones & Cnossen Engineering, PLLC or me if any further information is required. Please call if you have any questions or require further explanation. Sincerely, Sean Clark Attachments: 1) DWQ letter dated November 26, 2003 2) 1:100 scale site map with stormwater outlet information 2 ?0F wATE,40 Michael F. Easley, Governor William G. Ross Jr., Secretary ?O G North Carolina Department of Environment and Natural Resources r -i Alan Klimek, P.E., Director a Y Division of Water Quality `._,- ?? Coleen H. Sullins, Deputy Director Division of Water Quality November 26, 2003 DWQ # 03-1406 Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED OF wArF,? Michael F. Easley, Governor ?Ol QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources D -1 , Y Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 26,, 2003 DWQ # 0311406 Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Marlowe & Maye, LLC Attn: Stuart Marlowe Post Office Box 20667 Raleigh, NC 27619 Subject Property: Riverbrooke II Subdivision, Garner, NC Dear Mr. Marlowe: On November 7, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a residential subdivision in Wake County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. Please provide the location of any proposed stormwater management practices as required. 2. Please provide detail for the stormwater management practices as required. 3. Please indicate all stormwater outfalls on the site plan. 4. Please indicate the diffuse flow provision measures on the site plan. Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 21-1.0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, t R. Dorney Water Quality e ification Program JRD/bs cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy Sean Clark, S&EC t4COE i N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.no,us/ncwetlands) Customer Service #: 1-877-623-6748 \?oF w A rF9P? `0 WG)Lr Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL - RETURN RECEIPT REQUESTED Marlowe & Maye, LLC Attn: Stuart Marlowe Post Office Box 20667 Raleigh, NC 27619 Subject Property: Dear Mr. Marlowe: Riverbrooke II Subdivision, Garner, NC November 26, 2003 DWQ # 03-1406 Wake County On November 7, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a residential subdivision in Wake County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. Please provide the location of any proposed stormwater management practices as required. 2. Please provide detail for the stormwater management practices as required. 3. Please indicate all stormwater outfalls on the site plan. 4. Please indicate the diffuse flow provision measures on the site plan. Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 21-1.0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, i R. Dorney Water Quality a ification Program JRD/bs cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy Sean Clark, S&EC " *? yC[)ENR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/nc",ctlands) Customer Service #: 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 4, 2003 US Army Corps of Engineers NCDENR-DWQ Attn: Mrs. Jennifer Burdette __...._ Attn: Mr. John Dorney 6508 Falls of the Neuse Rd ,Ste. 120- 2321 Crabtree Blvd Raleigh, NC 27615 t- Parkview Building C. ------ Raleigh, NC 27604 DATE RE: Nationwide Permit 39 and Buffer Compliance WETLANDS/ 401 GROUP Riverbrooke II Subdivision Garner, Wake County, North Carolina NOV 0 7 2003 Dear Mrs. Burdette and Mr. Dorney: WATER QUALITY SECTION Marlowe & Maye, LLC (project engineer), requests authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permit 39 for proposed permanent impacts to an intermittent stream and the associated riparian buffers in two locations and two jurisdictional wetland areas resulting from road crossings. In addition, we request written concurrence from the North Carolina Division of Water Quality that the project complies with the Neuse Buffer Rules and the 401 Water Quality Certifications associated with NWP 39. A Pre-construction Notification Application (PCN) is attached, which includes an Agent Authorization form. The site is ± 45.31 acres in size and is located approximately 0.7 miles southeast of the intersection of Rock Quarry Road (SR 2542) and Highway 40. Please refer to the attached map for the project's location on Garner, North Carolina USGS topographic quadrangle. The purpose of this project is to construct a residential subdivision that will meet the demand for housing in this area. Proposed impacts resulting from three road crossings will total 137 linear feet of intermittent stream, 10,325 square feet to Zone 1 and 6,775 square feet to Zone 2 of Neuse River Buffers, and 0.1209 acres of jurisdictional wetlands. S&EC, P.A. conducted a detailed wetland delineation and Neuse River Buffer evaluation on the site property in July 2003. In June 2003 Ms. Debbie Edwards of the NC-DWQ visited the site to determine the starting point of riparian buffers. A copy of Ms. Edwards buffer determination letter is included as an attachment (NBRRO 03-210). A jurisdictional determination has not been conducted on the site. Buffer Compliance (Impacts 1 & 2) Two residential road crossings are proposed, labeled Impacts 1 and 2 on the attached impact maps. These roads will cross an intermittent stream in two separate locations in order to gain access to otherwise inaccessible portions of the property. Impact 1 will impact 7,250 square feet (Zone 1-4,425 sq. ft. / Zone 2-2,825 sq. ft.) of riparian buffers. Impact 2 will impact 9,850 square feet (Zone 1-5,900 sq.ft. / Zone 2-3,950 sq. ft.) of riparian buffers. Appropriate erosion and siltation control devices will be used during construction of the road crossings and headwalls will be installed to further minimize impacts. November 4, 2003 Riverbrooke II Subdivision Permit Page 2 of 2 Nationwide Permit 39 An unnamed tributary to Big Branch Creek bisects the eastern and central portions of the property from north to south. In order to access contiguous portions of the property it will be necessary to cross an intermittent stream channel in two separate locations (Impacts 1 & 2), impacting 137 linear feet of stream. In addition, portions of two jurisdictional wetland areas will need to be filled in order to construct road crossings (Impacts 1 & 3). In order to minimize impacts, headwalls will be installed on either side of the proposed roadways. Appropriate erosion and siltation controls will be implemented during construction. This project will comply with the general and regional conditions of NWP 39 The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and may require compensatory mitigation to offset unavoidable impacts to important streams or greater than 1/10 of and acre of wetlands. In an attempt to minimize impacts, we propose the use of headwalls and will cross the channels perpendicularly. In addition, the majority of the southern portion of the property, approximately 14.33 acres, is a flooded impoundment and will not be disturbed. Approximately V2-acre of upland, located along a linear wetland feature, will be set aside as open space. Typically, impacts to unimportant intermittent stream channels do not require mitigation; therefore, we do not believe mitigation should be required by the USACE for this project. If for some reason mitigation is required, payment to the NC-WRP is proposed. NC-DWQ's current policy requires mitigation for intermittent and perennial stream impacts, in a buffered basin, of greater then 150 linear feet per project. There are only 137 linear feet of proposed intermittent stream impacts, therefore, mitigation is not proposed. DWQ also requires riparian buffer mitigation for stream crossings resulting in greater than one-third of an acre of impacts per crossing. Because each proposed stream-crossing results in less than one-third of an acre of buffer impacts, no buffer mitigation is proposed. Si e Stewart Marlowe Marlowe & Maye, LLC Attachments: Pre-construction (PCN) notification form Site Location Map-USGS (Figure 1) Site Location Map - Soil Survey (Figure 2) Proposed Wetland Impact Maps (Insets included) Agent Authorization Form NC-DWQ Neuse Buffer Letter Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (1f ante mrtinilar item is not annlimAle to this nroiect_ nlease enter "Not ADnlicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Marlowe & Maye LLC Mailing Address: Attn: Stuart Marlowe P.O. Box 20667 Raleigh North Carolina 27619 Telephone Number: 919-844-7888 Fax Number: 919-844-6690 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Sean Clark Company Affiliation: Soil & Environmental Consultants. PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919)846-5900 Fax number:(919)846-9467 E-mail Address: SClark(a),SandEC com Page I of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Riverbrooke II Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 172214433703 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Riverbrooke II Subdivision Directions to site (include road numbers, landmarks, etc.): The site is located approximately 0.7 miles southeast of the intersection of Rock Quarry Road (SR 2542) and Highway 40. From Raleigh, proceed east on Highway 40 and take the Rock Quarry Road exit east. Turn right on Old Williams Road. The site is approximately 1,200 feet south on Old Williams Road. 5. Site coordinates, if available (UTM or Lat/Long): 035°44'24.71"N / 078°34'58.76"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): ± 45.31 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Big Branch Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is an undeveloped, wooded tract. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a single-family residential subdivision with the typical utilities (i.e., sewer, water, electric etc.) One intermittent stream and its associated riparian buffers will be impacted in two separate locations (Impact 1 & Impact 2) and two jurisdictional wetland areas (Impact 1 & Impact 3) will be impacted to provide road crossings for tile Riverbrooke II Subdivision Typical excavating and grading equipment will be used during construction activities. 11. Explain the purpose of the proposed work: An intermittent stream and a linear wetland feature bisect the property from north to south effectively sitting the property into three parcels In order to access contiguous portions of the property allowing for optimum use of space stream and wetland impacts are proposed. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previously issued permits are known to exist for the site. The NC-DWQ visited the site to detennine to starting point of riparian buffers in June 2003 (NBRRO 03-210). A copy of the letter determining features subject to the buffers is attached. A jurisdictional wetland delineation was completed for the site in July 2003, but a jurisdictional determination has not been conducted on this site. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future impacts are expected at this time VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent Page 3 of 9 and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: One intermittent stream channel and the associated riparian buffers will be impacted at two separate points in order to provide for two road crossings. Total stream impacts on-site will total 137 linear feet and buffer impacts will total 17,100 sq ft (Zone 1 - 10,325 sq ft.; Zone 2 - 6,775 sq. ft.). Two wetland areas will also be impacted as a result of road crossings. The total proposed wetland acreage impacted will be 0.1209 acres. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) (yes/no) (linear feet) 1 Permanent 0.0009 No Adjacent Headwater 2 Permanent 0.12 No 350 Headwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, ctc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: ± 16 acres Total area of wetland impact proposed: 0.1209 acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma) (linear feet) Before Impact (please specify) 1 Culvert/rip-rap 57 UT to Big Branch 34 feet Intermittent Creek 2 Culvert/rip-rap 80 UT to Big Branch 34 feet Intermittent Creek * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, ctc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several inte?net sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest. coin, etc.). Page 4 of 9 Cumulative impacts (linear distance in feet) to all streams on site: 137 linear feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number Type of Impact* Area of Impact Name of Waterbody Type of Waterbody (lake, pond, estuary, sound, (indicate on ma) (acres) (if applicable) bay, ocean, etc.) NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: tiu, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., darn/embankment, excavation, installation of draw-down valve or spillway, etc.):- NA-Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):-NA Size of watershed draining to pond:-NA Expected pond surface area:-NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant requested a detailed wetland delineation and Neuse Buffer evaluation of streams on-site prior to site plan development in order to determine the extent and location of wetlands and jurisdictional waters Although jurisdictional areas were avoided to the maximum extent practical an unnamed tributary to Big Branch Creek bisects the eastern and central portions of the property from north to south making it necessary to construct a road crossing over the channel at two locations in order to access contiguous portions of the property. At both channel crossings the applicant plans to cross the channel at a perpendicular angle in order to minimize impact to the stream and riparian buffer. Two wetland areas exist within two of the proposed road crossings (Impacts I & 3) A portion of these wetlands will need to be filled in order to construct the roads. Page 5 of 9 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Jurisdictional areas have been avoided to the maximum extent practicable Impacts to the intermittent stream will be minimized by using headwalls and crossing at perpendicular angles. We believe this stream to be unimportant/intermittent Typically, reasonable impacts to intermittent streams do not require mitigation. Wetland impacts on the site are sli htl above the 1/10-acre notification threshold. We do not believe mitigation should be required. In addition, the majority of the southern portion of the site property (14.33 acres) is a flooded impoundment, and will be dedicated as a permanent conservation easement. Also approximately 1/2 -acre along the linear wetland feature will be set aside as open space (see lots 52 &71 on overall impact map). 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior Page 6 of 9 to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page 7 of 9 Impact 1 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,425 3 NA 2 2,825 1.5 NA Total 7,250 NA Impact 2 Zone* Impact (square feet) Multiplier Required Mitigation 1 5,900 3 NA 2 3,950 1.5 NA Total 9,850 NA * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. NA XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The impervious area of the proposed development is less than 30%. We do not believe that a stormwater management plan is required. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Public utilities will service the proposed development. Page 8 of 9 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). NA Applicant/Agpd1s Signature (Agent's signature i?s//valid only if an authorization Date from the applicant is provided.) Page 9 of 9 \ 1 \ ---- Al m o y I 1 ? A _ k_ '. '?JJ t • V (D AD -J ,?iASE I / r =-0= ?' --- .'.'.` '?\ '.'.N\k\. y ? rte- m: 4\ tit ? I ' ? . . . . sl ,.,.W . ? . ? . \ f . f . ?? ?._?, ?' t' LLB % \ ? ? a A'g. A w N D - tn0?0 z O m n rn c D C1 P Z O m rn _• D X C {{ V V D.?OCn Z C z o l ? zp z 747lo D? S n 3 rn I IT O W W n \ \ \ \ \ t -"' ? Y Sri ^ ? ? i J c : ( 11(111 UN 6 \ P ?A O 0 I e A , ?1 0 Ug? _ ? I (1 _N ? „ 7? OOZ O?CJ tp z ? U z n Z o rn < N ` O > z V Ql U1 A W N - > D> DD( N ?O 3?pTn-I -I> Z iDpO =O ?=?0 000? 0 ? 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Y4 ° ?} \ S ICU U ?M Iy, `"? but3 , to 1PC2 ` oucz , ApE3 , Wk 'LbD r' ` y f D CeC A tA. f ?JkC ..a AaC2." r • Lo y aC2 l , ,\ 4 . M G c? s 9 ' .o n, c7 : r .:L 4C Sheet 70 Project 7931 Scale: 1:1320 Figure 2 Project Mgr.: sc Date: 6;23;0; Wake County Soil Survey Site Vicinity Map 'E _ Williams & Goodson Tract Jones and Cnossen l Raleigh, NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh. North Carolina 27614 • Phone: (91.9) R46-5900 FA7r• (010) Rd(..Qd{.7 "Sol WW W .Cant Nf' rrnn Name: Addres., Phone: Project Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: LwdSe- Field Office: Re: Wetlands Related Consulting and Pe tong To Whom It May Concern: I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, P.A. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supple ental ' formation in support of applications, etc. from this day forward. The [day of This notification supersedes any previous correspondence concerning the agent for this project. NO'T'ICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. _ Print Property Own s ame cc: Mr. John Domey NCDENR - DWQ 2,321 Crabtree Boulevard Raleigh, NC 27604 Owner's Signa cc: Mr. Sean Clark Soil & Environs n taZPA PCo ,4- Sh ulotte O Qc- 236 LePhillip Court Suite C -Qzegnsboro -M9c H _Uffi_ c , Concord. NC 28025 3817-r Z.awndale Drivc Grccrisboro NC 27455 622 622 Coon Mountain Lane Phonc: (704) 7z0-9405 . Phonc: (336) 540-8234 s 8 ., NC 28681 Fur: (704) 720-9406 Fax: (336) 540-8235 ( 2 Phone (828) 8)G35-5820 Fax: (828) 635-5820 MENZEW-4 A A Lrt'HOPIZ.A,TION FOMI State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Division of Water Quality October 3, 2003 Sean Clark Soil & Environmental Consultants, Inc. 11010 Raven Ridge Road Raleigh, NC 27614 Subject: Neuse River Basin Buffer Rules NBRRO 03-210 Williams & Goodson Tract S&EC #03-7931 Garner, Wake County, NC Dear Mr. Clark: This letter will serve as confirmation of the buffer determination made by S&EC at the subject property referenced by the Raleigh Regional Office as NBRRO 03-210. On June 26, 2003, I conducted a site visit of features A, B and C involved in the above referenced below flag # SOL Feature B is not subject. Feature C is subject throughout property. project as identified on the attached maps. It was determined that the features shown on the Wake County Soil Survey and on the USGS Garner, NC Quad map could potentially be subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A: 02B.0233 (NCAC .0233). Feature A is subject This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to 401 Water Quality Certifications, wetlands and other impacts to "waters of the state", please contact the Central Office at 733-1786. (Note: if a 401 Water Quality Certification is needed, please be reminded not to begin your project until the certification has been received.) Thank you for your attention to this matter and if this office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Deborah Edwards Environmental Specialist I cc: John Domey/DWQ Wake County 1628 Mail Service Center, Raleigh, NC 27699-1628 An Equal Opportunity Affirmative Action Employer Telephone (919)571-4700 FAX (919)571-4718 50% recycled/10% post-consumer paper CY) (D N ` >II O I f LU j Q g C? y A L Q CO y J 0 t'! ,j I rLl I J LI1 IE LB Yr. 1 co -j co 1 W V ? r Q I(1, }G? Q 0I N A ,yy z W N lJ1 1 (D 3: W o ?aw X -J Om? - E i Qa u-1 v + 0 f 0 I f l . LL O ui Cc 7: Lu fl ??- o aoo O Ir The Ultra-Amazing Standard Additional Conditions Document Version 1 - June 1, 2003 The blue wording is for your instruction and edification (i.e. don't put this in the approval, ok?). The red wording is optional lingo (don't forget to change the color to black if used or to delete if not used). Also, please change the dollar signs to the appropriate number in the final document. The little gray boxes need to be filled with the appropriate information. Please note the handy dandy titles that Bob inadvertently came up with should be used... Impacts should be specifically listed and specifically referenced. This is necessary to ensure that only the impacts approved are conducted and that if any impacts beyond those specifically approved occur it will be easier to enforce the 401 Cert./Isolated Wetland Permit/Buffer Approval. Taking this extra bit of time now saves headaches later. $$) Impacts Approved ? The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other impacts are approved including incidental impacts: Amount A roved Units Plan Location or Reference Stream feet 17 404/CAMA Wetlands acres Waters acres Buffers ft. (square ?. n 6.. Mitigation may be necessary when mitigation thresholds are exceeded or when certain buffer impacts are conducted. The USACE may require mitigation in certain circumstances that are below our threshold requirements or for the impounded portion of streams for instance when DWQ does not. In those cases we cannot require mitigation. However, when DWQ does require mitigation it is recommended that our requirements be similar to the USACE's. For streams it is anticipated that DWQ will follow the USACE's Stream Mitigation Guidelines. For wetlands we typically require at least 1:1 restoration or creation. The following condition can apply to applicants that propose on site mitigation such as stream relocation where the relocation will meet the definition of stream restoration (i.e. the activity will mitigate for its own impacts). Remember to apply the ratios to the amount of mitigation required. ? Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. A final compensatory mitigation plan must be approved in writing by this Office before any of the impacts approved herein are conducted. Additionally, the compensatory mitigation plan must be completely constructed and implemented according to the plans approved by this Office before any permanent building [road] associated with the project is occupied [is opened]. The mitigation must be maintained according to the approved plan and permanently protected by the use of conservation easements or similar protections. Any repairs or adjustments to the mitigation site must be made according to the approved plan or must receive written approval from this Office to make the repairs or adjustments. Compensatory Mitigation Required Stream feet Wetlands acres Waters acres Buffers (square feet The following are recommended In addition to the above when on site stream mitigation, relocation or restoration Is proposed: ? Stream Relocation (Mitigation) with Approved Plans The stream and buffer relocation must be constructed, maintained, and monitored according to the approved plans in the application and application modifications. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. ? In order for this project to be used as compensatory mitigation for other specific projects you must obtain written approval from this Office. The request should include the amount of stream length and buffer area credit requested for accounting purposes. Please specify DWQ project No. when making your request. ? Stream Relocation/Stabilization (Mitigation) that Require Additional Approved Plans ? Include bold line material Before any of the impacts authorized in this Certification occur, you must provide and receive written approval from this Office for a final stream relocation and/or stabilization plan. The plan must include designs and specifications that meet the definition of stream restoration (or enhancement in no relocation is proposed) according to the latest version of the Internal Technical Guide for Stream Work in North Carolina (available at http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream and buffer relocation must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The relocated stream must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. The following mitigation condition can be applied when the applicant has proposed and received approval to use the WRP, EEP, or mitigation bank. Obviously you will have to change references to the WRP If the EEP or a mitigation bank is used. ? Compensatory Mitigation Using the Wetlands Restoration Program (WRP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to a fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This has been determined by the A DWQ to be a suitable method to meet the mitigation requirement. This contribution will satisfy our compensatory mitigation requirements. Until the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment Into the Riparian Buffer Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Subbasin Number Stream feet Wetlands acres Waters acres Buffers (square feet The following condition is recommended when a stormwater management plan Is required. This typically applies to projects that are over 30% Impervious or have concentrated areas of development within a project that are over 30% impervious. It is recommended that the need for a stormwater management plan be established prior to Issuing any approvals. The applicant should also demonstrate that there are adequate space allotted for the proposed BMP and that a BMP appropriate to the stream classification is used (i.e. wetlands, pond with forested filter strip, or bioretentlon In sensitive watersheds per the GC's). ? Written Stormwater Management Plan (Final Plan Needed) An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. in GC No. . The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. ? (Optional Paragraphs) The above condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that the impervious area of the entire, built-out project shall be less than 30% and that there are no areas of concentrated impervious area over 30% within the project such as, but not limited to, commercial areas, multi-family, clubhouses, maintenance areas, etc. There shall be no direct discharges to streams from fairways, tee areas, or greens. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. ? Written Stormwater Management Plan (No Further Approval Needed) ? Include bold line material The final, written stormwater management plans (Including a signed and notarized Operation and Maintenance Agreement) dated , must be Implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. The following conditions can be used in any situation where diffuse flow is required through protected buffers. The first condition can be used for projects that have adequately addressed this Issue as part of the application process. The second can be used when the Issue is not well addressed. Diffuse Flow (No Review) An additional condition is that all constructed stormwater conveyance outlets shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. ? Diffuse Flow (Review) An additional condition is that all constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. The following are typical conditions added to all approvals unless it does not make sense to add It: Certificate of Completion ? y Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. ? Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at httpJlh2o.enr.state.nc.us/ncwetlands. ? Temporary Fills All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is complete or within 6 months of the establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion; If the crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. The following are conditions to place specific requirements in areas with protected buffers: ? Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked by orange fabric fencing for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 26 and GC ? Catawba Buffer Tree Protection No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project; The following are additional conditions for additional sediment and erosion control practices: ? Sensitive Watershed Erosion and Sediment Control Practices The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must be adhered to throughout the life of this project. ? NC DOT Sensitive Watershed Erosion and Sediment Control Practices Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 46 .0024]; see NCDOT publication, Best Management Practices for the Protection of Surface Waters (March 1997); ? Turbidity Standard The turbidity standard of NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. The following are various special conditions for additional protection of various resources. They can be tweaked to meet specific circumstances: ? Culvert Installation The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) are to be maintained above and below locations of each culvert. As such, it is required that you provide the plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is Installed. The culvert(s) must be installed according to the approved plans. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. ? Minimum Release Before any of the impacts approved in the Certification are conducted you must submit, and obtain written approval by this Office for, a minimum water release plan. The plan must include a written explanation of the specific discharge rate and means for each required release. The plan must also include any design specifications, details and calculations to show that the release shall be achieved in the given conditions. The plan shall also include monitoring that ensures compliance. The plan and any associated facilities, once approved, must be in place and implemented upon the completion of ? Marina Projects Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA approved SPCC plan to this Office before the fueling facilities are constructed. A completed "Division of Water Quality Use Attainability Analysis for Proposed Marina Projects in Class SA Waters" document must be provided to and must receive written approval from the Regional Office before construction of the proposed project may begin. (Buffer Rules Option) A fifty foot vegetated buffer must be established and maintained around the new perimeter of marina basin. ? "Re-opener" Clause Continuing Compliance. shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If DWO determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. The following are good for projects approved under GC 3399 (NW 27 and 13): ? Standard Condition for Stream and Wetland Projects Approved Under GC 3399 (no fee paid - no written approval needed) Based on the information provided this Office considers that all of the conditions of General Certification (GC) No. 3353 have been met and that no written approval is required in order to construct the above project. If the project design changes or if the project is not constructed according to the design then the above provision is no longer valid and the plans must be resubmitted per GC 3353. If the project is to be used for compensatory mitigation or compensatory mitigation credit in the future then additional written concurrence is required and a full application and application fee must be submitted to this Office for written approval. Please be advised that if this Office has not reviewed the proposed reference site or the construction site before construction begins it may be impossible to determine whether or not mitigation credit can be awarded. Also, additional information shall be required to complete a review for compensatory mitigation purposes. The Division of Water Quality (DWQ) is a participant in the Mitigation Banking Review Team (MBRT) established by the U.S. Army Corps of Engineers. DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for compensatory mitigation banking credit for the State as long as the proper 401 Water Quality Certification approvals have been obtained. Please be advised that the additional information may require that the project be redesigned and/or that the project not be used for compensatory mitigation credit. ? Standard Condition for Stream and Wetland Projects Approved Under GC 3399 (fee paid - written approval required) Based on the information provided this Office considers that all of the conditions of General Certification (GC) No. 3353 have been met and that no additional written approval is required in order to construct the above project. If the project design changes or if the project is not constructed according to the design then the approval is no longer valid and the plans must be resubmitted per GC 3353. If the project is to be used for compensatory mitigation credit in the future then additional written concurrence by this Office is required. Please be advised that if this Office has not reviewed the proposed reference site or the construction site before construction begins it may be impossible to determine whether or not mitigation credit can be awarded. Also, additional information may be required to complete a review for compensatory mitigation purposes. The Division of Water Quality (DWQ) is a participant in the Mitigation Banking Review Team (MBRT) established by the U.S. Army Corps of Engineers. DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for compensatory mitigation banking credit for the State as long as the proper 401 Water Quality Certification approvals have been obtained. Please be advised that the additional information may require that the project be redesigned and/or that the project not be used for compensatory mitigation credit. DWQ# -e3 100 6 Plan Detail Incomplete Da?g_ (I'lZilb -? ??\)1)Z'C Who Reviewed: ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. Please provide the location of any proposed stormwater management practices as required by GC Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. Please indicate all stormwater outfalls on the site plan. Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. a3-IL-k of PUBLIC NOTICE DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 (http://www.saw.usace.army.mi]/wetlands/regtour.htm) Action ID No. 200400138 PUBLIC NOTICE WETLANDS/ 401 GRC)UN DEC 1 `/ 2003 WATER OUAL11Y SECTION December 4, 2003 Edward and Robert Richards, 1136 Manor View Court, Lynchburg, Virginia 24053 has applied for a Department of the Army (DA) permit TO CONSTRUCT A MARINA WHICH INCLUDES 50 WET SLIPS, 540 DRY SLIPS, DOCKAGE, BASIN AND CANAL EXPANSION, TRAVEL LIFT, SHIP'STORE, WORKSHOP, PARKING AND 1.25 MILES OF NEW CHANNEL IN EASTMOUTH BAY, AT 401 BAYVIEW DRIVE, ON THE NORTH SIDE OF HARKER'S ISLAND, CARTERET COUNTY, NORTH CAROLINA. Please review the attachments provided by the applicant and the North Carolina Division of Coastal Management (CAMA Major application) for a description of the site and the proposed project. Plans submitted with the application show the proposed limits of the work and facility. The purpose of the work is to provide a commercial marina for public use. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an casement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army (DA) permit will be denied if any required State or local authorization and/or certification are denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial determination is that the proposed project would not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This application is being considered pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register is the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision, whether to issue a permit, will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts that the proposed activity may have on the public interest requires a careful weighing of all those factors that become relevant in each particular case. The benefits that may be expected to accrue from the proposal must be balanced against its foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore decided by the outcome of the general balancing process. That decision should reflect the national concern for both protection and use of important resources. All factors that may be relevant to the proposal must be considered including the cumulative effects of it. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (according to Executive Order 11988), land use, navigation, 2 shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer decides that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the public interest of the proposed activity. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Henry Wicker, until 4:15 p.m. January 5, 2004, or telephone (910) 251-4930. Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 2 ?/ 9. NARRATIVE DESCRIPTION: The property is a 20.47-acre tract of land located on the north side of Harker's Island, at 401 Bayview Drive. The site consists of 10.6 acres of upland adjacent to Eastmouth Bay, and 9.9 acres of wetlands and canal system within the bay. The north side of Harker's Island is riddled with mosquito ditching, and this property is no exception. There are 4 unimproved mosquito ditches on the north east side of the property, and the main ditch to the west that was improved to create a boat basin and canal prior to the onset of the CAMA in 1978. Several canals in this same area were likewise expanded during the years preceding the CAMA. The property line to the west is located in the center of a less improved ditch. The north side of the tract is primarily vegetated with Spartina alterniflora along the ditches, for a width of approximately 800'. Peninsulas created from the spoil of the original canal excavation line both sides of the canal. A narrow fringe of Section 404 Wetlands lines the peninsulas and the south side of the mosquito ditches. Landward of this fringe, there are areas of high coastal marsh that do not contain soils sufficient to be designated as Section 404 wetlands, and yet do interact with the waters of the bay. The remainder of the property is upland, cleared, and previously disturbed. The upland portion of the tract averages +5' msl, and is vegetated with common grasses. As stated above, the basin, canal, and residence were developed prior to 1978. The 1978 aerial photograph shows 15 trailers located on the peninsula area around the basin. According to the records, the basin and canal were dug in anticipation of a federal project to be located within Eastmouth Bay. This project never came about. By the 1984 photography, most of the trailers were no longer present. The 1989 photography shows the evolution of the site to a boat construction facility, and in fact there is a vessel under construction shown on the photo. The 1995 photography shows this operation ti continuing, and what appears to be the same litthT_h vessel under construction. By the 2000 photograph, and continuing to the present, the commercial ventures are abandoned, and the single residence and relic concrete pads from the previous businesses are all that remain. Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 3 During the years, previous property owners have engaged the review agencies in various requests. There have also been several violations at this location. An application was submitted and circulated to the agencies during this time period requesting the construction of a new boat manufacturing facility, to include excavation and fill of wetlands, facility buildings, and bulkheading. After receiving negative agency comments, the application was retired on August 25, 1988. Also during the mid 1980's, there were several General Permits issued to Mr. Lang for maintenance excavation of the canal Y, J/ and basin, a boat ramp, bulkhead, subdivision, and pipeline of sorts. There is no indication on file as to which of these permits were utilized. ",?..,, .,...-.••..? . ??--,? ??,-•• Currently, there is a residence with a septic tank, boat basin and canal with failing bulkhead, and a recently constructed small, private dock. The request on the table currently has N .' undergone review during the SEPA process via Environmental Impact Statement. The Record of Decision was issued on August 22, 2002, and since that time the applicant has finalized the CAMA Permit Application. The proposal is for the construction of a marina, comprised of 50 wet slips, 540 dry stack, with a boardwalk around the perimeter of the basin, and floating and fixed dockage within the basin. Boats 25' to 40' in length are intended to use the facility. The basin is proposed for expansion into the high ground and high marsh, as is the canal. Additionally, excavation of a new, 7100' channel is proposed, leading from the canal through Eastmouth Bay, to the deeper waters located within Back Sound. Eastmouth Bay is not designated as a Primary Nursery Area. The waters are open to the taking of shellfish, with a documented historic use, according to the NC DMF. Approximately '/z mile to the west of the project site within the eastern portion of Westmouth Bay, there is a sizeable shellfish garden, operated by Carolina Atlantic Seafood Company. The bay has a considerable population of 7ostera marina. The waters carry a stormwater classification of SA. The Carteret County Land Use Plan has classified the area as Limited Transition, with all AEC's being classified as Conservation. The width of the bay is approximately 900' across at the mouth of the canal, increasing as one heads east. The submitted plats show a section of wetlands on the peninsula to the west labeled as "marginal coastal wetlands." These areas are in transition, and while presently being supported mostly by stormwater ponding, they are Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 4 increasingly flooded by the canal to the west. The wetlands are not sufficiently active to be F/onsidered jurisdictional under the CAMA presently. They are noted on the plat at the request of the Division because of the long-term nature of major permits. On June 04, 2002, two representatives of the Division of Coastal Management performed informal sampling of Eastmouth Bay in the vicinity of the proposed access channel. The results are as follows: f ltt' ill'.?I' shtll't' ! 1??li'!)1111i1'llt I!1111]('(hatel? easi of tilt' 1110 !ti"1 i1t the challnel consists (it heat and sand m it) a (tense rout nlai am! rhizollles. .iu\ mile flounder wul.e seen. Leavin'ur the shore, t1w root nult \1 as less dense and the substrate had 4- to 6'' of silt ovel- sand. slightIN fill-filer. from approzin)atel'1 40* offshore to 130' Offshore at this s fine location the Substrate became pmgi-essh el\' nltwe organic. with thicker la\ e rs of fines. Nlai-sh toot plat. S,AV rhizonle?, sea squirts. p.11-11nlellt tube worills. and o\vster hash 1\ere conlnlon. JWOC.itino to 100' east of the channel and moving in 10' segnlents off shore. the near shore fl'C'a \1,is sand and shell. and i)eoilluillg tit appl-oxilllatel\ 20' offshore, the substr'atc ",IS siltier with peat. mussels. SAS rhizoules. pa)'chment tube \\ornls. Al ,.'bout 00' off'shol'e. thet'e \\el live ousters. .=fit abotlt lU;' offshore. there i .is indication of a kicked channel al-ea. \rith l' of silt o\ er a \-egetati\e root neat. This (1ce1)f:ned until approxilnatcly 120'. and shalfoN%ed to 30* where it %N as clearl\ the opposite bank of'the kicked area. At .Ipptoximatell 14 ' subnlel'ged, urass beds. N Io\ !n.` ttl dl(' sl'l'ond green tn.wkei' In l.asUnuudl GaN. there \lere SAVs within a 50' radius of tilt' markl'1'. This \ egetation was lush. approsilllatel 2' ill length. :it this point. the \}atel' (IC'pth N%a1 al)pI''Milliltel\ .11 noE'inai 1(i\1 x1'.'8'1'. The ?i!lritl'asl 11aI: hwill ')!It s!itx . l he:: :1 l rt tlllc('iW, L rat, 1)t?I< \\ ithill !:altllli)llfli h. s? WiS 1)2I'?`;('d :i!!t!f?! thi' ficid "kspilk. thic fti-, :hat (he visit st.[rted 2 how-, heiw-Le lot l Wit'. ;.111(i, colltllltll'(t i.lti?t).; t11?t!1 1911 tE(ie. l'.`;ti'et/le ttlt'1)i(flt\ ti) tiic?a'1? .!il e i?}i :li[ti . :ib¢Yi'i!?:iil?.Iil'1\ IFf1)?f fi'(iln tilt' ijit)i tl? i'f Ehc l':?1)..1, afl e` i11t:i1C, tilt'! .11 Ei t %ti Ociobl'I' Iii. 200.1. 110d 'WSr(1'1itml tl) i'(1Sifil'Fli t'!i.?n;;e5 !11aE !` !•': .ii! i!1)1)1[Catitlll :Tilt` 1)lats. l 1 1s i'islt 11a? 11l.Fili. at il:lai A.lt, t1"11!ch 11:1: dullll till' tU1% ti(1'_' phis(. :It th(' .si(t.•. `v% et-id 17' a!?(. 19' .` knits pilsst'(1 I1.O!11 l\ esu"louill f)a1 (llrol)"ll l'.astillot!th 11,1.N il(`a(fSll I.) i:),jck ?itilJt(:. fl'cnl shore. there \\ erc Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 5 Aerial photography through the years confirms the continued and dynamic presence of submerged vegetation within Eastmouth Bay. The aerials also reveal the fine composition of die sediments, i.e., the 1995 photo shows a very turbid stream from the passing of a boat. In July of 2001, the applicant had benthic samples taken 10' and 30' north and south of the proposed channel centerline. A total of 128 sites were sampled. Zostera marina was found at 5% of the sites, 3% within the proposed channel. The results are attached. The applicant took dissolved oxygen levels as part of the SEPA process, which revealed 4.33 to 5.96 mg/l within the canal during a 2 week time period between August 30 and Sept 15 (enclosed). The specific proposal for this project is as follows: In the general vicinity of the existing concrete pads, the applicant proposes to construct two dry stack boat storage buildings, one to house 240 boats and the other to house 300 boats. There will be a workshop for minor maintenance and repairs, a ship store, 6 restrooms, showers, offices, fuel service, and a wastewater pumpout. Another 4 restrooms will be provided within a building located on the peninsula to the west of the basin. The fuel dispenser, holding tank, and pumpout are shown adjacent to the bulkhead in the southeast corner of the basin. Asphalt parking is proposed adjacent to Island Road and along the peninsula to the west. A total of 140 spaces are provided. The proposal is to enlarge the exist ing septic system and pump across the street to another septic field. This plan has received Carteret County Health Department approval. Approximately 2375 gallons per day of potable water will be required for the marina operation. This will be obtained from the local municipal system. The existing, failing bulkhead is to be removed. The existing basin, 150' x 105', will be enlarged to 285' x 172'. The existing 860' x 75' canal will be widened on both sides for the end result of a canal 118' in width. The basin and canal will be stabilized with a new vinyl or concrete bulkhead, totaling approximately 2700' in length. A "drop zone" with travel lift to launch the boats from the dry stack facility is to be located on the east side of the basin. This area will be approximately 260' x 60' on average, and will abut the bulkhead. Besides the "drop zones" located within the basin, there are floating docks for offloading and temporary mooring. The 7' wide floats total 120' in length, and the 6' wide float s total 590' in length. There are 25 fixed finger docks proposed in the basin and canal, averaging 4' x 20', with 75 associated mooring pilings. Within the basin, 13 slips are proposed, and within the canal 37 slips. The slips will accommodate boats fro m 25' to 40' in size. There are 6 walkways proposed from the parking lot to the marina, averaging 45' to 50' long, and 6' in width. A drip -thru boardwalk is proposed for a length of 1567' around the perimeter of the basin, with a width of 6'. Overnigh t dockage will be allowed within the basin and canal with a lease requiring a locked head. Hydraulic dredging of the basin and canal are requested from the existing depth of -3.4' to -4' nlw to a finished depth of -5' nlw. This area will be excavated wi th a box cut design for equal bottom and top cut widths. A spoil area will be constructed in the area of the proposed Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 6 dry stack buildings, with approximate dimensions of 350' x 310', with 7.5' of freeboard. This facility will have the capacity for approximately 30, 139 cubic yards of material. A smaller spoil area for future maintenance is proposed on the peninsula to the west of the basin. This area will be approximately 310' x 60' with 7.5' of freeboard, and will accommodate approximately 5167 cubic yards of material. From the mouth of the existing canal for a distance of approximately 1501, there is an unauthorized, informally excavated channel. Extending for another 1000'+ there is a less defined area that shows evidence of prop wash. Aerial photography and field inspections indicate this feature to average 9' to 15' in width. Current soundings show approximately -2' at nlw. The applicant is proposing to excavate a new channel from the mouth of the canal for a distance eastward of 71001. This feature is intended to connect to the existing -5' bottom contour within Back Sound. The application states that current soundings within this area average from -2.4' nlw to -3.9' nlw. The request is for a consistent bottom depth of -5' nlw. The requested top width of the new channel is 40' for the entirety of the distance, with bottom widths ranging from 19'-33'. Approximately 21,700 cubic yards of material will be removed to accomplish this, with the anticipation of another 3900 cubic yards every 5 years. This material will be removed hydraulically and deposited into the large spoil area initially, using the maintenance area after the initial dig. It is anticipat ed that this spoil will be removed from the site after drying. Twenty-six channel markers and 4 no-wake signs are proposed along the 7100' channel. The NC Division of Water Quality has approved a Stormwater Management Plan for this proposed development. No Sedimentation/Erosion Control Plan has yet been submitted to the Division of Land Resources. 10. ANTICIPATED IMPACTS: The upland portion of this marina facility will require the grading and filling of 7.4 acres, with a finished impervious area totaling <29% within 75' of Eastmouth Bay, and 25% overall. Approximately 5135 sf of high marsh will be excavated by the widening of the canal, which will also require the conversion of approximately 30, 749 sf of high ground to an open water system. Approximately 2360 sr of low marsh will be excavated for the basin expansion. This marsh is landward of the existing bulkhead that is functioning as a breakwater. The remainder of the proposal will cause the filling of approximately 1600 sf of high marsh. The area shown as marginal wetlands will be filled, but is not presently considered to be interacting with the estuarine system. The canal, basin, and new channel will require the disturbance of approximately 323,000 sr of shallow bottom habitat within the system, 39,000 sr of which is maintenance excavation within the existing canal and basin. The docking system will shade approximately 6380 sr of newly created open water system. The 7100' of new excavation through Eastmouth Bay is clearly proposed within SAV ha bitat, although it is possible that the activity may bypass the actual vegetation at the time of dredging. While the Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 7 proposed channel is located within active shellf ish waters, the actual channel cut may not disturb the resource. Turbidity will be an issue during excavation, as the bay substrate is fiery fine and lends itself to re-suspension easily. Turbidity may also be a continuing issue as impatient boaters on busy weekends utilize the shallower areas outside of the channel during sufficient and semi-sufficient tides. This use could cause the ongoing re -suspension of fines into the water column with the associated changes to temperature, sunlight penetration, oxygen availability, etc. The project itself has the possibility to greatly increase the boating use of Eastmouth Bay, with the addition of 590 boats. This impact extends to Cape Lookout, the selling destination of the project, with the addition of several hundred weekend visitors. Parking may be a problem, as the County requirements are .6 spaces for each wet or dry slip, and I slip per employee. This formula would indicate the need for 354 slips plus those for employees. The proposal, which maximizes available space, allots 140 spaces. This project is proposed for phasing over an 8 -year period. Tere Barrett Morehead City Octobei-31 2003 P:\29408\DWG\CAMA\CAMA FIGI-9 nw? Ini?t.i?nn? no.rrn.9n Ana ?. 0 D 0 m 00 W D o °:?nt s 8a ? I 02 nnn 2 n 4 ?n ? ? o0 D ? ? ?- D Z ? Z n 1 ,Y 3 +yU, ? L;?s I ?''? m ? ^^ ` „? ryr ra???7 1r? J uo pun __yy ? 1 ? J I I y 1,, I r-r t. ?. i r , r r?" V ?" a? `' tom` ???I??i I ` a ?'?=tl I r rt `-? I ? ,. axe .s 1 n I ?. .? I V J I }.. J.. d• `? I{? ?M : ?{ f_?? ??Y 9c 1r`? JII ? ??, ? ?' J 1^L`' Cf) O G x• ? i ,r 8 ?f.d I Z Z' / { ,' . y ` " ICIu `?, r?F1 1}}???G6 n F nc; I ? D J?a?T ?j'?.-'???, _,I ',?Id- } '?i;{ T' ?.,?,,?? {'?,.rJw ,s$ {+En? ?t?•??'i ? I ?;? v I ? { I - d. ?I'8 hN??.Ja ? 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I ` -- l a A a ti!^ as rn AA ?R .b g_F_ - F F N• f F 6 b 'F 1 F FI 104 ib. a.'?.f t?_•-.A'?S.I. '•J".?.' Y:'. .'. rr )',,r1 b ••'. 1r. ??A. ?. I I ? J ?S/ \\\ \ \ 1 ,' .? '. it ?? \` \ \ ?`y,,,\ • i l???€?' j III \ \ ?}. \, \ ` •?- `.\ ? ?? r;??,?\ pie I? .. ?li??Kt ?j49 get r'`'_??? ? \ ?`? \?• `\ ?\\' •\`\ `\ I •.I' +??•'? ??, zp v?S OL / J P m O ? W ? ? E? m m i= w t n D 0 m r m0 r ig 0 T z z D X E E • \ c` ? _ ? nd r{ r¢ gF ! t i ,?O( NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management 0 8 1 Le Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality Doug Huggett Major Permits Processing Coordinator WETLANDS 1401 GROUP NO V 0 5 2003 WATER QUALITY SECTION CAMA/DREDGE & FILL Permit Application Review Cape Lookout Marina, Inc. / Edward & Robert Richards Carteret County: A 20.47-acre tract (10.6 upland) adjacent to Eastmouth Bay on the north side of Harker's Island, 401 Bayview Drive. Proposed Project: The applicant proposes to construct a marina to include 50 wet slips, 540 dry slips, dockage, basin and canal expansion, travel lift, ship's store, workshop, parking, and 1.25 miles of new channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: 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 to the project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper DCM y - DWQ % Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 23:1) a; 7R" vn r r 1. Private, non-commercial development that does not involve 5250 100°0 (5250) 0',: (SO) the filling or excavation of any wetlands or open water areas: A II. Public or commercial development ' Y u'iat does not involve the filling or S400 100°0 (5400) C°6 (SO) y' excavaGen of any wetlands or open water areas: III. For development that involves the ' filling and/or excavation of up to 1 acre of wetlands and/or open water y areas, determine if A, 8, C. or D , below applies: i III(A). For Private, noncommercial development, If General water Cuality 5250 100°0(5250) 01'. (SO) Cer ifia::cn No 3301 (see a",ached) can be applied: 111(9): For p:bl;c cr commercial deve'cpment, if General waver Cua:ity 5400 100°b (5400) 0°,b (50) Ce tFca:icn No.3301 (see aCac.ed) t can be applied: III(C). If General Water Qua!ity Certifca:ion No. 3301 (see anached) could to applied. but DCM staff detenniced that additional review and S-CO 60°a (S240) 40°b (5160) wrinen D'NQ concurrence is needed because of concerns related W waver quali;1 or aquatic life: Ill(D). Ir Gereral %%'ater Qua;its Certifiation No. 3301 (see a"ached) S:CO 60°6 (5240) <J°o (5160) can not be applied: IV. For development that invc!'res the fiii.rg and/or excavation of mere 5 60',0 (5285) .0%(S190) than one acre of wetlands and'cr open water areas: s'c Form DCM-NIP-1 , ICATffON (To be completed by all applicants) 1. APPLICANT Landowner: Name (=-PWAN2? Address I\SQ II k-lo-, \(iC:kD ?y ^ City State Zip,QJ { SPr- Day Phone 4J4^6[:SS . Q (D Fax b. City, jO n, community or landmark c. Street drl s?secondary road nu ber tq t d. Is proposed work within city limits or planning jurisdiction? Yes tiNo Name of body of water nearest project (e.g. river, ?-? 3. " DESCRIPTION A-N- 'D PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: I'amr Address 2-c(Q City)--?,,3 State 'y ?-- ZidSSG,?-- Day PhoRQS;2 ' ro36 - -x-'7'7 Fax c. Project name (if any)O Y-'4-- NOTE: Permit will be issued in rune of Lm iawner(i), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. List all development activities yo propose e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filli g activities. to 1m- J `r' S b. Is the promised activity maintenance of an existing project, new work, or both? oc c. Will the project be for ublic, private or commercial use? ` d. Give a brief description o purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. -v a. County C4RA- ? (10i - Form DCM-NIF-1 4. LAND AIND WATER CILA.RACTERISTICS O C T 2 8 2003 m. Describe existing wastewater treatment facilities. -tx, a G?p -? 'mss a. Size of entire tract© 41 b. Size of individual lot(s) MA- Approximate elevation of tract above- laoor NW L 4' S J. Soil type(s and texture(s) of tract o B. Vegetation on tract f S an-made features now on tract 't * Ce1J s? f. tg?# A Land Use Plan land g. C classification of the site? (CoruuJI the local lead use plzvij LI Conservation Developed Rural Transitional ,Community Other h. How-is the ?r,?ct zoned by local government? i. Is the proposed project consistent with the applicable zoning? Yes No (Arrach orang compliance eerrificwe. if applicable) j. Has a professional archaeological assessment been done for the tract? Yes v,---N-o If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes 1. Are there wetlands on the site? ? Yes No Zbs- Other Coastal (marsh)13 If yes, has a delineation been conducted? (Article doeumenrarion, if available) 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.)Ojr=6 'Ve t.u m fD-ribe existing drinking water su p y source. .f 5. ADDITIONAL 1- FORMATION 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 71.0203 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 Form DCNI-NIP-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 ?tall+.1V S Address S? S Phone (1J ?L' L O Name Address t"10 Phone tJ 2 Z del Name ?x Address,, Phone ° A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. _ ° r? n.r in4.l? (? ?la(oS C90 r A check: for.F5u made payable to the Department of Environment, Health, and Natural Resources (DEHN'R) to cover the casts 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 land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is thec9p day of? Pz-ag 'P, Print Name( Signature [?do%nr or Aw rived rnt Please indicate attachments pertaining to your proposed project. -Z'DCM SfP-2 Excavation and Fill Information _j,?-tCM MP-3 Upland Development y?DCM MP-4 Structures Information - 1)CM MP-S Bridges and Culverts v "ECM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 0319S Form DCM-N P-2 A V ON 'Tr AND LE (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCNf-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Fiaal E zts tiag proj ect Leath FAidth Depth Deoth Access c a i a 1 Q:j 0 r Canal EXI ®r) C; t ? tr Boat basin Boat ramp Rock groin Rock breakwater Other (71 z::ud shortir.e Sts5ii zlt«n) 1. EXCAVATION a• A-Frmnt of material to be excavated from below V(-1, or NWL in cubic yards N 51) \ ., A'!PO Ua :0-kK -q cp Iq,-s? Cdr b. Type of material to be excavated _IF;?JCtw-? I c. Does the ar,, o be excavated include coastal wetlands ( sh submerged aquatic vegeta p (SAVs) or o er wit,095? _-L--yes No 'k2:;; vz-rdMFs 4, q ? I C) - E-)( tz W-T L. d. Highground excavatio t in cu?ic yards ? Ll 2. DISPOSAL OF EXCAVATED NUkTERLU a. Location of disposal areas b. Dimension's of disp sal, area 1-3C6 ")e X ?r ? ("l n ly„nvy "SrSrfb.?; C. Do you claim title to disposal area? ?yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? yes No I- yes, where. n ? C oF? ?;-}y O' x SS' ?l ?1 Form DOM-IN P-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ?No f. Does the disposal include any area in the water? Yes \,- No 3. SHORELIN-E STABILIZATION a. Type o horeline stabilization Bulkhead Riprap b. Leng•.h to (,Q S " gk'.A•C ? 6-N c. Average di,-tance waterward of MHW or NWL d. INIaximurn distance water-ward of MHW or N";VL e. Shoreline erosion ion during preceding 12 months (.Sour;C Cf irfor7rz: crI) If Yes, (1) Amount of material to be placed in tip, water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes ? No If Yes, (1) Dimensions of fill area (2) Purpose of fill S. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? -2' b(=am ?U7 f. T?Te of bulkhead or riprap material d,C Vim (- b. C,. Amount of fill in cubic yards to be placed below water level (t) Riprap -' (2) Bulkhead backfill N,A-- h. Type of fill material KARi- i. Source of fill material kA-- 4. OTHER FILL ACTBITIES (Excluding Shoreline Stabilization) a. Will fit material be br?oucrht to site? Yes Li W hat type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr: ssed in transportin(y equipment to project site? Yes ?No If yes, explain steps that will be taken to lessen environmental impacts. Roiscd U 95 Form DCNI-NIP-3 UPILAO'D ?EVELOPME?1?' (Construction and/or land disturbing activities) u 2003 Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification other sections of the Joint Application that relate to this . Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? _I,,`- Yes No a. Type and number of buildings, facilities, units o If yes, date pb, i ?aGT G/ 1? a 3 structures proposedls r (2; reT ?L 5 Me QP_c,?fl&c)tA,, % 4? C, gzqgL+? tt? VA 402 _- k J , Vii. Describe proposed method of sewage disposal. J b. Number of lots or parcels _0 K50- (,? t z - 4;Dk) 2 00 c. Density (give the number of residential units and the i j. Have the facilities described in Item i. above received state or local approval? e'er •C?-4-- q un ts per acre) (A=ch appropriare docanie=rion) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled( or disturbed including roads ditches etc waters of the state (for example, surface runoff, i , , . san tary wastewater, industrial /commercial effluent, "wash down" and residential discharges). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking w supply source If applicable, has a sedimentation and erosion contr l l b (e. g. well, community, pub t , etc. p o an een submitted to the Division of Land T 2., Resources? Yes No If yes, date submitted m. Will water be impounded? Yes _o If yes, how many acres? f. List the. materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. ASOV ??? n. If the project is a oceanfront developmen , when A"U - -- was the lot(s) platted and recorded? g. Giv e percentage of the tract within 75 f?,of N ' r NWL, or within 575 feet in the case of an 1i Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. S 02o (late Revised 03195 Form DC,'vi-'yfP-4 S T lR U CIF U R lES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Doc s) an?or Pier(s) Commercial _Community _ p?ivaje (2) Number?;c -45 cl ` ?L4 (3) Length 71o, -6!7t? (-) Width (P 'S CA (5) Finger Piers _I,- Yes No (i) Number ASS (ii) Length -a.o I Av6 f. (iii) Width - v6 (6) Plarform(s) Yes o (i) Number (ii) Length (iii) Width (7) Number of slips proposed v s Q c (8) Proximity of sr:sc:ure to adjacent riparian property lines I-S (9) Width of water bod. 1 (10) ti ' fir depth at water ward nd of pD e NW'LC J,rJ c®^5 b. Boauhouse (including cove.--=d lifts 8 2003 Mooring buoys (1) _ Commercial _Communiry _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, et_.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline Mooring structu re (boatlift, poring ngs, etc.) (1) ,E::::?-Conunercial Community Private (2) Number - ?'f s (3) Leng-.11 n>- (") Width !v 4- Other (Give c--=Ie:e de:.^ ?r.'onJ (1) Commer:.l:.1 Private (2) Lenz, (3) Width APpli t r P:-oject Name c. Groin (e.g. wood, sheetpiie, etc.) (1) Number S (2) Length(s) a4z?? Duce d. Breakwater (e wood, shee:pile, etc.) (1) Le-irh (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond IvtHW, NWL or wetlands Form DCNI-NIP-6 FARINA ?EVELOPNI]El?? (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. MARINA CHARACTERISTICS a. Check elow the type of marina proposed. Commercial Public Residential b. Will the marina be open to the general public? ?Yes No c. If there is residential development associated with the marina, how many units or lots are planned and how_ m,wy are currently developed? d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies ---S4?--bockage ("wet slips") only Number of slips `? ? Dry storage Number of boats S40 Boat ramp(s) Other (describe) e. Check bel w the proposed type of siting. Land cut and access channel _<Spen water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed ocu?2, types). R ' o"JA'L g. Typical boat length h. Maximum boat length `- t1!? i. Are any floating structures planned? V30 If so, describe 2. MARINA OPERA'T'IONS Check each of the following sanitary. facilities that will be included in the proposed project. L,-" Office toilets _ I Toilets for patrons Number 10 Location--'6'V AA-0a(;7 is C=?tYZrr u41 ??a ? t ? Shower's Boat holding pumpout Type and location ftAl b. Describe treatment a and disposal location for all sanitary wastewater. 'ao s- -aCAZ ? 20, C:2 m c. Describe the dis?°sal of solid w e, fish offal and trash d'}}??posal . f.-N? 4- 0 d. How will overboard discharge of sewage from boars be controlled? ( one .11 a e. Give the location and num er of, "No Sage Discharge" signs proposed. Reriscd 03;95 i 11 Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sand fisting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of ?OAS} fir- t1 A k UA C( C G h. Give the number of channel markers and "No Wake" signs proposed. jA ° C 15 1 L Give the location of fuel-handling facilities, and describe the saf measures planned to protect area water quality. QOE- 5;F- 14? ?a j. Describe design measures that prbmote boat basin flushing or circulation and that reduce water quality impacts. c4fgAA-C?l.:CA -?? ???c t` k. What will be the marina policy, on overnight and ??-'t UAL live-board dockage! 1. Is the proposed marina located any shellfish leases? Yes _jZ5o If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, wpt types of servi are currently provid ? n. How many slips are now available? ? 1T 1 ? 8 ?I)0? o. Is the marina proposed within a' primary c secondary nursery area? Yes -j===-Nv p. Is the marina proposed within an area open t• shellfish harvesting? No q. Give the location and umber of "Pumpou- Available" signs proposed 14 0" Date e Revised 6/45 September 27, 2002 N. C. Department of Environmental and Natural Resources N. C. Coastal Management Division 151 B Highway 24 Hestron Plaza 11 Morehead City, N. C. 28557 C)0 Attention: Ms Tere Barrett Subject: Cape Lookout Marina, Inc. Project 401 Bayview Drive Harker's Island, N. C. We have received a request from Cape Lookout Marina Inc. by Edward F. Richards, to comment about his project. We are adjacent property owners. We object to the proposal due to the impact the project will have on our property and the environment. Our property value will be greatly reduced due to the large size of both the wet marina and dry stack facility. Negative environmental issues of great concern are noise, storm water, boat pollution, dredging, trash, lighting, septic tank problems and the destruction of wetlands. The costs to the environment will be great, as this project will obviously have a negative impact on shellfish, fish and other water resources. Again, we are totally opposed to the project based on the negative impact on the surrounding environment and our property. Sincerely, ahadj,t? Claudia B. Evans fr D, 0. Evans Jr. 1 1 Cape Lookout Marina, Inc. 1136 Manor View Court Lynchburg, VA 24503 Mr. Emuene Evans 5501 Surrey Downs Court Wilmington, N.C. 28403 Home: +1 910-791-9236 September 18, 2002 - (S .i'.i Dear Gene : As previously discussed, this letter provides notice to you of my proposal to construct a marina and dry stack facility at 401 Bayview Drive, Harker's Island in Carteret County. The project, Cape Lookout Marina is subject to review for a CAMA Major Development Permit. A copy of the application, project narrative and plat is enclosed for your information. As an adjacent riparian property owner, I ail requesting that you provide me with comments oil this proposed work or indicate that you have no objections. Please respond as provided below and return a copy of this letter to me. 2331. I have no objections to the proposed work. Sincerely, 4cr Cape Lookout Marina, Inc. By: Edward F. Richards, CPA V Sec my comments attached. Shmiature 1 L-7 It) Z- Date "Thank you, and please let me know if you have any questions. My day tinge telephone number is 434-385- September 27, 2002 N. C. Department of Environmental and Natural Resources N. C. Coastal Management Division 151 B Highway 24 Hestron Plaza II Morehead City, N. C. 28557 Attention: Ms Tere Barrett Subject: Cape Lookout Marina, Inc. Project 401 Bayview Drive Harker's Island, N. C. We have received a request from Cape Lookout Marina Inc. by Edward F. Richards, to comment about his project. We are adjacent property owners. We object to the proposal due to the impact the project will have on our property and the environment. Our property value will be greatly reduced due to the large size of both the wet marina and dry stack facility. Negative environmental issues of great concern are noise, storm water, boat pollution, dredging, trash, lighting, septic tank problems and the destruction of wetlands. The costs to the environment will be great, as this project will obviously have a negative impact on shellfish, fish and other water resources. Again, we are totally opposed to the project based on the negative impact on the surrounding environment and our property. Sincerely, a h", a ? O49, 6rv&X ::: Claudia B. Evans D, rene O. Evans Jr. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cape Lookout Marina, Inc./Edward and Robert Richards 2. LOCATION OF PROJECT SITE: This is a 20.47-acre tract (10.6 upland) adjacent to Eastmouth Bay, on the north side of Harker's Island, 401 Bayview Drive, Carteret Co. Photo Index - `00: #604, grids 16 E-I; 15 D-I; 14 D; C 2-13; #605, grids D 15-24; E 14; F 13; G 12; H 11; 10 I-M. `95: #584, #585; `89: #156-6, #156-8; `84: #1213, #1212; `78: #33-203, 204. Rover: #L101612A State Plane Coordinates - X: 2738100-2745000 Y: 348500-353400 3. INVESTIGATION TYPE : CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Site Visits - Many times 2000,2001,2002. Most recently, 6/04/02, 9/20/02, 10/31/02, 11/06/02, 10/16/03. Was Applicant Present - Agent and/or surveyor many times. 5. PROCESSING PROCEDURE: Application Received - cc: 10/28/03 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Trans ition/Conservation (B) AEC(s) Involved: ES, EW, PT, CW (C) Water Dependent: Yes/No (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Planned - Additional septic, storage area, pumpout (F) Type of Structures: Existing - Residence, failing bulkhead, dock Planned - Wet and dry stack marina 7. HABITAT DESCRIPTION : AREA DREDGED FILLED SHADED (A) Vegetated Wetlands Spartina alterniflora 2360 sf High marsh - mixed 5135 sf 1600 sf (B) Upland Area 30,749 sf 291,595 sf (C) Shallow Bottom Habitat 323,000 sf Open Water 6380 sf (D) Total Area Disturbed: 14.9 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant's propose to construct a marina to include 50 wet slips, 540 dry slips, dockage, basin and canal expansion, travel lift, ship's store, workshop, parking, and 1.25 miles of new channel. Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 2 9. NARRATIVE DESCRIPTION: The property is a 20.47-acre tract of land located on the north side of Harker's Island, at 401 Bayview Drive. The site consists of 10.6 acres of upland adjacent to Eastmouth Bay, and 9.9 acres of wetlands and canal system within the bay. The north side of Harker's Island is riddled with mosquito ditching, and this property is no exception. There are 4 unimproved mosquito ditches on the north east side of the property, and the main ditch to the west that was improved to create a boat basin and canal prior to the onset of the CAMA in 1978. Several canals in this same area were likewise expanded during the years preceding the CAMA. The property line to the west is located in the center of a less improved ditch. The north side of the tract is primarily vegetated with Spartina alterniflora along the ditches, for a width of approximately 8001. Peninsulas ? , ?- ... created from the spoil of the original canal excavation line both sides of the canal. A narrow fringe of Section 404 Wetlands lines the peninsulas and s the south side of the mosquito ditches. Landward of this fringe, there are areas of high coastal marsh that do not contain soils sufficient to be designated as Section 404 wetlands, and yet do interact with the waters of the bay. The remainder of the property is upland, cleared, and previously disturbed. The upland portion of the tract averages +5' msl, and is vegetated with common grasses. As stated above, the basin, - canal, and residence were developed prior to 1978. The 1978 ' aerial photograph shows 15 trailers located on the peninsula area -. around the basin. According to the records, the basin and canal Y were dug in anticipation of a federal project to be located within ' Eastmouth Bay. This project never came about. By the 1984 photography, most of the trailers were no longer present. The 1989 photography shows the evolution of the site to a boat construction facility, and in fact there is a vessel under construction shown on the photo. The 1995 photography shows this operation continuing, and what appears to be the same vessel under construction. By the 2000 photograph, and continuing to the present, the commercial ventures are abandoned, and the single residence and relic concrete pads from the previous businesses are all that remain. Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 3 During the years, previous property owners have engaged the review agencies in various requests. In the mid 1980's, then owner Mr. Theodore Lang, DBA NMI. Shipbuilders, Inc., received 2 Notices of Violation (#87-01 and #86-64) from this division. The former was for unauthorized excavation, and the latter was for unauthorized wetland fill. An application was submitted and circulated to the agencies during this time period requesting the construction of a new boat manufacturing facility, to include excavation and fill of wetlands, facility buildings, and bulkheading. After receiving negative agency comments, the application was retired on August 25, 1988. Also during the mid 19801s, there were several General Permits issued to Mr. Lang for maintenance excavation of the canal r-- and basin, a boat ramp, bulkhead, subdivision, and pipeline of sorts. r , There is no indication on file as to which of these permits were utilized. Currently, ^L g RR? t# 4 . ;; ,,,?T'1•, there is a _ .? .,.___ ?; 3 residence with a septic tank, boat basin and canal with failing bulkhead, and a recently constructed small, private dock. `-' The request on the table currently has undergone review during the SEPA process via Environmental Impact Statement. The Record of Decision was issued on August =. -w 22, 2002, and since that time the applicant has finalized the CAMA Permit Application. The proposal is for the construction of a marina, comprised of 50 wet slips, 540 dry stack, with a boardwalk around the perimeter of the basin, and floating and fixed dockage within the basin. Boats 25' to 40' in length are intended to use the facility. The basin is proposed for expansion into the high ground and high marsh, as is the canal. Additionally, excavation of a new, 7100' channel is proposed, leading from the canal through Eastmouth Bay, to the deeper waters located within Back Sound. Eastmouth Bay is not designated as a Primary Nursery Area. The waters are open to the taking of shellfish, with a documented historic use, according to the NC DMF. Approximately 1/2 mile to the west of the project site within the eastern portion of Westmouth Bay, there is a sizeable shellfish garden, operated by Carolina Atlantic Seafood Company. The bay has a considerable population of Zostera marina. The waters carry a stormwater classification of SA. The Carteret County Land Use Plan has classified the area as Limited Transition, with all AEC's being classified as Conservation. The width of the bay is approximately 900' across at the mouth of the canal, increasing as .,r one heads east. The submitted plats show a section of wetlands on the peninsula to G the west labeled as "marginal coastal wetlands." These areas are in transition, and while presently being supported mostly by - - .? ... stormwater ponding, they are Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 4 increasingly flooded by the canal to the west. The wetlands are not sufficiently active to be considered jurisdictional under the CAMA presently. They are noted on the plat at the request of the Division because of the long-term nature of major permits. On June 04, 2002, two representatives of the Division of Coastal Management performed informal sampling of Eastmouth Bay in the vicinity of the proposed access channel. The results are as follows: Tile 1?ear slo?-c em iro?Inlent ir?ullcdiatel? east of the ?uol?tll of the chauuel consists of heat and sand ?titl? a dens: root mat and rlizou?es. .luN-enile flounde?• «ere seen. l,ca?ing the shore, the root mat ? Is less dense and the substrate had 4" to G" of silt over sand. Slightly f,l?E•tfler, fro?ti approxi?nately 40' offshore to 130' offshore at this same location the substrate beca?l?e progressh-ely mole organic, with d icl:el• layers of fines. Nhu-sh root ?uat, SAN' rhizomes, se 'a sgt?irts, parclutent tube IN-01-111s, and oyster hash «ere coniunon. 1Zelocatill- to 100' east of the channel and illoviug i?1 10' segments off' shore. the ?ear shore area NV.ls sand and shell, and begin?ting at apllroxinultcly 20' off'slrore, the substrate was siltie?- %Jtl? peat, inussels. SAV rhizomes, parchment tube W01,111s. At about 00' offshore, there were live oyste?•s. At about 105' offslo?•e, there. was indication of a kicf:cd channel area, 1%,ith 1' of, silt over a vegetative root mat. This deepe?red tlrntil approximately 120', and slallowed to 130' whe?-e it was cle.u-ly the opposite haul: of the kicked area. At approximately 145' sub?ue?•gcd grass beds. 1 4 - "i -4- '1,-- fl•oul shore, there were moving to the second green marker in Eastnlonth IMy. tliere Ni-cre SAV's withi?1 a 50' radios of the nru•l.er. 't'his vegetation was lush, approsi?uately 2' in length. At this I?oint, the water depth was approxinuttely -2' at ?tor?nal loic water. The substrate was firm but silty. ¢__- .,._- _ -- ? I "There «ere mllnerot?s crab pots within l?,1s11l3outll t3ay. dally boats passed du?•i?Ig tl?e field investigation, despite the fact (hat the N-i.sit started 2 lotlrs f?cforc lo«, tide, and colltinl.'ed almost until low tide. E:?trclne turbidity was caused by e.fch passing vessel sufficient to blocl, all visillility. lLpproxin?atei 1000' fro?l) the luoutll of (lie canal, all evidence of l:fclJ1lg terminated. Oil October 16. 2003, a field inspection ??as made to confirm clan es 111.1de to tile applicatioll.1111 plats. 'I'his N°isit N;as made at 'S:00 ;A7. iIhicll ??,ls (fill g the low tide phase at the site. 5evei-al 17' and 19' skiffs passed from ?Vvst?noutl hay tllrotwll l:asttnouth Bay heatGug to ItacE: Sotmtl. Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 5 Aerial photography through the years confirms the continued and dynamic presence of submerged vegetation within Eastinouth Bay. The aerials also reveal the fine composition of the sediments, i.e., the 1995 photo shows a very turbid stream from the passing of a boat. In July of 2001, the applicant had benthic samples taken 10' and 30' north and south of the proposed channel centerline. A total of 128 sites were sampled. Zostera marina was found at 5% of the sites, 3% within the proposed channel. The results are attached. The applicant took dissolved oxygen levels as part of the SEPA process, which revealed 4.33 to 5.96 mg/1 within the canal during a 2 week time period between August 30 and Sept 15 (enclosed). The specific proposal for this project is as follows: In the general vicinity of the existing concrete pads, the applicant proposes to construct two dry stack boat storage buildings, one to house 240 boats and the other to house 300 boats. There will be a workshop for minor maintenance and repairs, a ship store, 6 restrooms, showers, offices, fuel service, and a wastewater pumpout. Another 4 restrooms will be provided within a building located on the peninsula to the west of the basin. The fuel dispenser, holding tank, and pumpout are shown adjacent to the bulkhead in the southeast corner of the basin. Asphalt parking is proposed adjacent to Island Road and along the peninsula to the west. A total of 140 spaces are provided. The proposal is to enlarge the existing septic system and pump across the street to another septic field. This plan has received Carteret County Health Department approval. Approximately 2375 gallons per day of potable water will be required for the marina operation. This will be obtained from the local municipal system. The existing, failing bulkhead is to be removed. The existing basin, 150' x 105', will be enlarged to 285' x 172'. The existing 860' x 75' canal will be widened on both sides for the end result of a canal 118' in width. The basin and canal will be stabilized with a new vinyl or concrete bulkhead, totaling approximately 2700' in length. A "drop zone" with travel lift to launch the boats from the dry stack facility is to be located on the east side of the basin. This area will be approximately 260' x 60' on average, and will abut the bulkhead. Besides the "drop zones" located within the basin, there are floating docks for offloading and temporary mooring. The 7' wide floats total 120' in length, and the 6' wide float s total 590' in length. There are 25 fixed finger docks proposed in the basin and canal, averaging 4' x 20', with 75 associated mooring pilings. Within the basin, 13 slips are proposed, and within the canal 37 slips. The slips will accommodate boats fro in 25' to 40' in size. There are 6 walkways proposed from the parking lot to the marina, averaging 45' to 50' long, and 6' in width. A drip -thru boardwalk is proposed for a length of 1567' around the perimeter of the basin, with a width of 6'. Overnigh t dockage will be allowed within the basin and canal with a lease requiring a locked head. Hydraulic dredging of the basin and canal are requested from the existing depth of -3.4' to -4' nlw to a finished depth of -5' nlw. This area will be excavated with a box cut design for equal bottom and top cut widths. A spoil area will be constructed in the area of the proposed Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 6 dry stack buildings, with approximate dimensions of 350' x 310', with 7.5' of freeboard. This facility will have the capacity for approximately 30, 139 cubic yards of material. A smaller spoil area for future maintenance is proposed on the peninsula to the west of the basin. This area will be approximately 310' x 60' with 7.5' of freeboard, and will accommodate approximately 5167 cubic yards of material. From the mouth of the existing canal for a distance of approximately 1501, there is an unauthorized, informally excavated channel. Extending for another 1000'± there is a less defined area that shows evidence of prop wash. Aerial photography and field inspections indicate this feature to average 9' to 15' in width. Current soundings show approximately -2' at nlw. The applicant is proposing to excavate a new channel from the mouth of the canal for a distance eastward of 7100'. This feature is intended to connect to the existing -5' bottom contour within Back Sound. The application states that current soundings within this area average from -2.4' nlw to -3.9' n1w. The request is for a consistent bottom depth of -5' nlw. The requested top width of the new channel is 40' for the entirety of the distance, with bottom widths ranging from 19'-331. Approximately 21,700 cubic yards of material will be removed to accomplish this, with the anticipation of another 3900 cubic yards every 5 years. This material will be removed hydraulically and deposited into the large spoil area initially, using the maintenance area after the initial dig. It is anticipated that this spoil will be removed from the site after drying. Twenty-six channel markers and 4 no-wake signs are proposed along the 7100' channel. The NC Division of Water Quality has approved a Stormwater Management Plan for this proposed development. No Sedimentation/Erosion Control Plan has yet been submitted to the Division of Land Resources. 10. ANTICIPATED IMPACTS: The upland portion of this marina facility will require the grading and filling of 7.4 acres, with a finished impervious area totaling <29% within 75' of Eastmouth Bay, and 25% overall. Approximately 5135 sf of high marsh will be excavated by the widening of the canal, which will also require the conversion of approximately 30, 749 sf of high ground to an open water system. Approximately 2360 sf of low marsh will be excavated for the basin expansion. This marsh is landward of the existing bulkhead that is functioning as a breakwater. The remainder of the proposal will cause the filling of approximately 1600 sf of high marsh. The area shown as marginal wetlands will be filled, but is not presently considered to be interacting with the estuarine system. The canal, basin, and new channel will require the disturbance of approximately 323,000 sf of shallow bottom habitat within the system, 39,000 sf of which is maintenance excavation within the existing canal and basin. The docking system will shade approximately 6380 sf of newly created open water system. The 7100' of new excavation through Eastmouth Bay is clearly proposed within SAV ha bitat, although it is possible that the activity may bypass the actual vegetation at the time of dredging. While the Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 7 proposed channel is located within active shellf ish waters, the actual channel cut may not disturb the resource. Turbidity will be an issue during excavation, as the bay substrate is very fine and lends itself to re-suspension easily. Turbidity may also be a continuing issue as impatient boaters on busy weekends utilize the shallower areas outside of the channel during sufficient and semi-sufficient tides. This use could cause the ongoing re -suspension of fines into the water column with the associated changes to temperature, sunlight penetration, oxygen availability, etc. The project itself has the possibility to greatly increase the boating use of Eastmouth Bay, with the addition of 590 boats. This impact extends to Cape Lookout, the selling destination of the project, with the addition of several hundred weekend visitors. Parking may be a problem, as the County requirements are .G spaces for each wet or dry slip, and 1 slip per employee. This formula would indicate the need for 354 slips plus those for employees. The proposal, which maximizes available space, allots 140 spaces. This project is proposed for phasing over an 8 -year period. Tere Barrett Morehead City Odo"31,2003 r CAPE LOOKOUT MARINA Harker's Island, Carteret County PROJECT NARRATIVE September 29, 2003 Summary The proposed development on Harkers Island is an upland wet slip/dry stack marina on a previously developed site on Eastmouth Bay. Previous development of the site included a multiple unit mobile home park with multiple septic tanks. This was later redeveloped as a commercial boat building facility. The 20.47-acre development site consists of 10.6 acres of upland, 2.49 acres of canal and basin, and 7.38 acres of coastal wetlands. The proposed development includes enlarging the basin and canal; dredging a new channel; constructing 50 wet slips; and, over an 8 to 10 year period, erecting two dry stack buildings with a 540-boat capacity. The facility will market to boats between 25 and 40 feet in length. An Environmental Assessment was submitted on March 26, 2001 and comments were received from the Division of Coastal Management, Division of Marine Fisheries, Shellfish Sanitation Branch, and Division of Water Quality. DEIS comments were received from these agencies and the Division of Environmental Health, On-site Wastewater Section and were responded to on January 25, 2002 and March 12, 2002. State Clearinghouse review was initiated on April 19, 2002 through publication in the State Bulletin. Comments from the Clearinghouse review were responded to and the Final EIS was submitted to Clearinghouse on June 18, 2002. Clearinghouse review of the FEIS was completed August 2, and the Record of Decision was issued on August 22, 2002. An Essential Fish Habitat Assessment has been completed and will be submitted to th Corps of Engineers. Existing Sitc The proposed development on Harkers Island is an upland wet slip/dry stack marina on a previously developed site. Previous development of the site included a multiple unit mobile home park with multiple septic tanks. This was later redeveloped as a commercial boat building facility. The boat works was mostly open with three large concrete pads. Eroded banks on the basin/canal and drainage ditches from road culverts to the east and west direct stormwater to surface waters. Three concrete pads comprising 1.07 acres are present in the southeast portion of the site. Combined with the house and driveway in the same portion of the tract, the existing impervious cover of the 10.6-acre upland area is 10.1%. All boat building and support facilities (except the concrete pads) have been removed from the site. The site is 20.47 acres in total with 7.38 acres of coastal wetlands, a canal and basin of 2.49 acres of water and 10.6 acres of upland area. There are an existing residence, two approved septic tank sites, and an existing 75 foot wide, +/- 4 foot deep MLW (-4.6' MSL) upland canal connecting to Eastmouth Bay with a wooden bulkheaded "T" basin measuring 150 x105 feet. (Note: NC Geodedic Survey reports that MLW is - 0.59 feet from MSL at Shell Point.) An existing, unauthorized 150-foot "channel" runs northeast from the mouth of the canal and extends for approximately 1,500 as a "kicked channel". It is variable in depth along its length from -2.4 to -3 .9 feet MLW (-3.0' to 4.5' MSL) and is subject to shoaling at the mouth of the existing canal. The "channel" and others in Westmouth Bay have existed at least since 1978, as they are visible on DCM's 1978 aerial photograph of the area. Proposed Marina Development The preferred alternative is a marina/dry stack and a proposed new channel 40 feet wide, -5 feet MLW (-5.6' MSL), and 7,100 feet long connecting to -5 feet MLW (-5.6' MSL) in Eastmouth Bay. Aviodance, minimization and mitigation measures have been incorporated in the proposed development. Impacts to 404 wetlands have been avoided through site design and 2,595 square feet of fringe coastal wetlands along the existing, upland canal will be lost to dredging. v Direct impacts to shellfish beds SAV have been avoided in proposed channel alignment. The "preferred alternative" described in the Draft EIS was modified to reflect agency comments as described in Alternative 7. The "preferred alternative" was further modified based on additional agency comments on the DEIS and incorporated in the FEIS. o Impervious surface coverage has been reduced from 32.4% to 25%. The DEIS reduced the number of wet slips from 85 to 75. Based on comments, additional reduction of slips eliminates 25 slips for a proposed total of 50 wet slips. The DEIS moved the slip footprint back from the mouth of the canal and shellfish areas from 60 to 325 feet. In response to comments, the slip footprint has been moved further back for a distance of 360 feet from the canal mouth. o Closure of shellfish areas has been avoided through the reduction in number of wet slips to 50 and increasing the distance from the canal mouth of 360 feet. ® A locked head policy will be enforced and be incorporated into the facility's lease agreement. Notices will be posted and guidelines adopted regarding sea turtle protection and reporting of sightings. v A Spill Prevention and Response Plan will be in place at the facility. Existing wooden bulkhead material containing CCA (copper-chrome- arsenate) will be removed and replaced with concrete and/or vinyl. No Wake Zones for Eastmouth Bay and entrance channel will be proposed and a No Wake Policy will be incorporated into the facility's lease agreements. v Of the 132 sample sites, only two at the outer limits showed "sparce" Zostera within the alignment. The outer portion of the proposed channel alignment (eastern end of Harker's Island) has been shifted approximately 100 feet to the northeast providing additional buffer to sampled and mapped SAV in the area. o A Stormwater Management Plan has been approved by the Division of Water Quality (SW8 030826). The project proposes new dredging of the 1,650-foot segment to a consistent depth of -5 feet MLW (- 5.6 MSL) and width of 40 feet. This segment will continue eastward as new dredging for a total distance of 7,100 feet, 5 feet deep and 40 feet wide, and the entire length is referred to as the "proposed channel". Dredged widths at the bottom range from 19.4 to 33. I feet and 4.1 acres of bottom will be disturbed. A turbidity curtain will be used at the mouth of the canal to protect coastal wetlands and shellfish. The canal will be widened an additional 15-20 feet on the west bank to accommodate 37 wet slips and an additional 30 feet on the east bank (no wet slips). The final canal dimensions will be 118 feet x 860 feet. The basin will also be enlarged to 172 feet x 285 feet and provide 13 wet slips and floating docks for staging, provisioning, fueling and waste pump out. Two, 30-foot wide boat drop zones for dry stack access will be located adjacent to the dry storage facility. The footprint of the basin/canal will be approximately 156,330 sf. The canal and basin will be bulkheaded with concrete and/or -- -- vinyl. Of the 21,400 cubic yards of dredged material from the basin and canal, approximately 12,000 cubic yards will be used for building foundations, landscaping and initially for berm construction on the southeast portion of the site to retain material from the channel enlargement. The 19,500 cubic yards from new channel dredging will be hydraulically placed in the upland bermed site (28,221 cubic yard capacity), de-watered and removed by local contractors for residential and commercial landscaping. Based on records of maintenance dredging for the Back Sound to Lookout Bight Channel from the Corps of Engineers, maintenance volumes approach 20% of the original volume on an average of every five years. Though the Navigation Branch has suggested that the percentage and frequency would be lower in Eastmouth Bay, applying the 20% to the proposed new channel volume would indicate a need for disposal of approximately 3,900 cubic yards. An area on the western peninsula has been set aside for future maintenance volumes which has a capacity for 4,532 cubic yards. The diked spoil area would allow for de-watering, and the material would be hauled off-site for landscaping and fill. The proposed Marina will provide dockage for boats in the range of 25 to 40 feet. Dry stack buildings will be constructed to the east of the basin in three phases over an eight to 10 year period. Phase I will provide 50 wet slips, Phase II will add 300 dry stack units, and Phase III will add 240 dry stack units. An area will be available for routine boat maintenance, such as washing and engine care, but no major maintenance will be conducted. A ship's store will be adjacent to the dry stack facility providing offices for the Harbor Master and administrative activities as well as sales of boating and fishing supplies, drinks, groceries and prepackaged foods. Public restrooms and shower facilities for dry stack customers will also be located in the ship's store building. Access and parking will be located to the south between the facility and Bayview Drive and to the west. Water supply, estimated at 2,375 gallons per day, will be from the public system on Harkers Island. Domestic wastewater will be treated in an approved on-site septic tank (capacity of 600 gpd; County Health Department Improvement Permit # R 1628, June 22, 1999) and a second approved septic tank (capacity of 1440 gpd; Improvement Permit # A 6613, November 2, 2000) on an adjacent lot to the south, owned by the applicant. Wastewater from the pump out facility from and other flows above the 2,040 gpd capacity will be handled by an approved "Wastewater Storage and Transfer Facility" (estimated to be less than 500 gpd). A locked head policy will be enforced and be incorporated in the slip leasing document. Spill response procedures will be written into a Spill Prevention and Response Plan, and put in place at the Marina. These procedures will include information such as prevention, materials management, a contingency plan, and response procedures including the steps to take to secure leaks or stop migration of spilled oil; contact phone numbers of agencies, contractors, fire department, etc.; and a list of materials available on site for spill control and clean up. The proposed stormwater management system for the preferred alternative will includes a combination of the following items allowed for development with 25% or less built upon area. The design will include a 30-foot wide vegetative buffer from the mean high water line, perpendicular from the shoreline. The stormwater management plan utilazes sheet flow over vegetated areas as conveyance of treated stormwater runoff via 3 sand filters. The plan has been approved by the Division of Water Quality (SW8 030826). 8 U J ? OU S Q zU o? z Qo ?z Da Oft Obc: J W W ? Q Q U= w§ 0 Z c J ° w U _ s 11011 - a 0 4) mom fm m v lm? nHI-IVSW 'WV OZ:L0:60 200Z/+7Z/01 '9Ma'Z-IDId-VWVd \VWVO\9M4\80+76Z\:d `'" : N WE ' ��r"• ,{�*}I•' .4 •.JL. •lY`+' •-I�. r 7'' ��4r �. //•,7��'. •'ur�'t'' \ 'uc—• ' �,�' r�- • ,�a �T.'#�''3r�f tai • r �f .4: '�'Q . .' � •�� �' �'ffr' `�} •.'4 r f�� '•� i" 1^F' YI' ,. , 1 il -t' �I J � - , m LU Od (50 '�; • .. art• �' t6r .M r �y , h •r Q u 4 .. , . � 'fes; �•' � '�-�. ;' ��-•�-;.,._ LU � CL pew `� ' � ,, °r5 �� • • •';t" + '�;ti •..,, _ � v L.L 14, LU rk 09) ,.... f ccr OrW ' • + # t 'y Y cr .,, Q ^` ' or � C 4. CC Q = , Q �j .�, *�, �`• ' • � 't • * ♦ ,hr" , h is Lam, t f , ' r•'' x fiT Q 00 7 �t ■ r'r C14 O iTi •I':r 1 ~�'+•v,,w ,t •+ ++� +: Z tai' 410 CD CD f allt• y , o CD dw 7 �I ---- -* � r. '�• J`�P' Vii, "'"' lO W J Q 0 I eZCD I nHIIVSW `WV 85:85:80 2002/+72/01 `9M4"Z-IgId-VWd-D\d d3\6M -\ 90+76Z\:d I ZR i INCORPORATED 4709 COLLEGE ACRES DRIVE SUITE 2 WILMINGTON, NORTH CAROLINA 28403 ENVIRONMENTAL CONSULTANTS TEL 910/392-9253 CA LoMA__ FAX 910/392-9139 l?l czr it 0/392 com 7 August 2001 Mr. Roger N. Schecter Coastal Management Solutions, LLC 100 Middle Street Marina C-14 ?T1?3?nn3 SUOt?vn1. 11J New Bern, NC 28560 ?SL7(ZC? vl Alb kv RE- S-!r -v for SAV, shellfish, and bottom substratP near Parker's Island: Carteret County, North Carolina. Dear Mr. Schecter: The purpose of this letter is to report the results of a survey for submersed aquatic vegetation (SAV), shellfish, and bottom substrate (i.e. shellfish habitat) along a 7,400-foot alignment proposed for dredging on the northeast side of Harker's Island, Carteret County, North Carolina. Sampling Design: Thirty-two transects oriented perpendicular to a proposed 7,400-foot channel centerline were provided to CZR. Transects were spaced 200 feet apart along the western most 2,000 feet and 250 apart for the remainder of the alignment. Transect #1 represents the western most transect and Transect #32 represents the eastern most transect. Four sites were sampled along each transect. Site #1 along each transect represents the most southern sample and site #4 represents the most northern sample. In relation to the proposed centerline channel, site #1 was located 30 feet south, site #2 was located 10 feet south, site #3 was 10 feet north, and site #4 was located 30 feet north. Sites 2 and 3 are in the proposed channel, while 1 and 4 are outside the channel. Sampling Sites: A total of 128 sites were sampled for bottom substrate, and presence/absence of living shellfish (oysters, clams, scallops) and SAV. Coordinates for sampling sites were provided to CZR via e-mail on 20 July 2001 and depicted on plats (produced by TRC Triangle, 19 July 2001, file: gps_transects.cfwg) received by CZR on 23 July 2001. Methodology: The presence/absence of shellfish and SAV were determined from samples collected using a standard Ponar grab/dredge. Representative SAV was collected to confirm species identification. An analysis of the bottom substrate was conducted using North Carolina Division of Marine Fisheries (DMF) guidance (Attachment A) for strata identification. With additional guidance (information via e-mail on 19 July 2001)from DMF, the analysis of the bottom substrate was conducted using an aluminum pole and the following designations: little or no penetration under force = hard substrate, moderate penetration under force = firm, and penetration with little or no force = soft. These criteria were used to designate low, medium, and high quality shellfish habitat, as identified in the attached table. The presence/absence of shell material also was noted from the Ponar grab sample and is noted in the attached table. 140 INTRACOASTAL POINTE DRIVE • SUITE 301 • JUPITER, FLORIDA 33477-5064 TEL 561/747-7455 • FAX 561/747-7576 • czrjup®ool.com Mr. Roger N. Schecter 7 August 2001 Page two Sampling Dates: Sampling occurred 23 July through 26 July 2001. Sampling conditions: Turbidity did not allow visibility of the bottom substrate. Sampling occurred over a variety of tides throughout the days. Scattered thunderstorms limited field work on 23 and 24 July 2001. Wind was primarily from the south and southwest at 10 to 20mph. Summary: Sampling data are depicted in the attached Table 1 and summarized below. SAV • Eel grass (Zostera marina) was detected at seven (50,10) of the 128 sampled sites. Sites with SAV were: (transect # - site #) 3-,41, 4-1, 6- z, 2 i ?, 27-3, 28-1, and 3C-1. SAV covcr3ge as rorrroscrted in those .y. seven Ponar grab samples, was sparse. No other SAV species were found. • Two (3%) sites (27-2 and 27-3) of the 64 sites sampled within the proposed channel contained SAV. Shellfish • No live shellfish were encountered from the sampled sites. Bottom Substrate Of the 128 sites sampled: • - 15.6% were soft substrate with and without shell = low quality, - 82.8% were firm substrate with and without shell = medium quality, - 1.5% were hard substrate with and without shell = high quality. • - 68.0% contained no shell fragments - 19.5% contained few (less than 1 %) shell fragments - 12.5% contained shell fragments Of the 64 sites sampled within the proposed channel: • - 19.0% were soft substrate with and without shell = low quality, - 81.0% were firm substrate with and without shell = medium quality, 0.0% were hard substrate with and without shell = high quality. • - 64.0% contained no shell fragments - 25.0% contained few (less than 1 %) shell fragments - 11.0% contained shell fragments Hopefully these data will assist you with this project. If you should have any questions about the attached information, please do not hesitate to call. Sincerely, CZR INCORPORATED 41.1 ??r Samuel Cooper Office Manager cc: Jim Hudgens/Brian Railo - CZR CP# 1868 enclosure Table 1 . Results of sampling near Harker's Island, Carteret County, North Carolina during 23-26 July 2001. Transect/ Site# GIPS coordinate' Northing Easting SAV Species present Live Shellfish Species present Shell fragments present' Bottom substrate` 1.1 354248.800005073 2738333.419005160 N N N FIRM W/O SHELL 1-2 354264.607004665 2738321.167006220 N N N FIRM W10 SHELL 1.3 354280.414999060 2738308.914004490 N N N SOFT W/O SHELL 1-4 354296.222002173 2738296.661000920 N N N SOFT W/O SHELL 2-1 354366.827994089 2738491.068995710 N N N SOFT W/O SHELL 2-2 354383.754007156 2738480.414996940 N N N SOFT W/0 SHELL 2-3 354400.678999471 2738469.761003880 N N FEW FIRM W/O SHELL 2-4 354417.695001699 2738459.249005670 N N N FIRM W/O SHELL 3-1 354453.864006287 2738659.329016560 N N N SOFT W/O SHELL 3-2 354473.150004704 2738654.030008470 N N FEW FIRM W/O SHELL 3-3 354492.434985365 2738648.732003240 N N FEW FIRM W/O SHELL 3-4 354511.719999019 2738643.433000740 Y N Y FIRM W/ SHELL 4-1 354519.796011631 2738851.441976770 Y N N SOFT W/O SHELL 4-2 354538.348005415 2738843.972023140 N N N SOFT W/O SHELL 4.3 354556.900985358 2738836.501991220 N N N SOFT W/O SHELL 4.4 354575.454006632 2738829.032029750 N N FEW FIRM W/O SHELL 5-1 354585.131009080 2739038.617987970 N N N FIRM W/O SHELL 5-2 354604.076989515 2739032.213024740 N N FEW FIRM W/O SHELL 5-3 354623.024006622 2739025.806978030 N N FEW FIRM W/O SHELL 5.4 354641.970002880 2739019.401026890 N N Y FIRM W/ SHELL 6-1 354649.187013107 2739228.082994100 N N N SOFT W/O SHELL 6-2 354668.133992790 2739221.677018240 N N N SOFT W10 SHELL 6-3 354687.079986424 2739215.271011740 N N N SOFT W10 SHELL 6-4 354706.026992117 2739208.865990490 Y N N FIRM W/0 SHELL 7-1 354669.296990701 2739420.387995490 N N N FIRM W/O SHELL 7-2 354689.667984598 2739418.335945700 N N Y SOFT W/ SHELL 7-3 354709.547996267 2739416.151050610 N N N FIRM W10 SHELL 7-4 354729.428004991 2739413.966032510 N N N SOFT W/O SHELL 8.1 354669.248986841 2739613.932947830 N N N SOFT W/O SHELL 8-2 354689.183003130 2739615.553035430 N N FEW SOFT W/O SHELL 8-3 354709.117016396 2739617.172994940 N N FEW SOFT W/O SHELL 8-4 354729.052018692 2739618.793052450 N N N FIRM W10 SHELL 9-1 354636.984004902 2739800.086016790 N N N FIRM W/O SHELL 9-2 354655.512004377 2739807.616055540 N N N SOFT W10 SHELL 9-3 354674.039989572 2739815.146962210 N N N SOFT W/O SHELL 9-4 354692.568017681 2739822.677983340 N N N SOFT W/O SHELL 10-1 354561.675015817 2739985.364972830 N N FEW FIRM W/O SHELL 10-2 354580.203014239 2739992.896048360 N N N FIRM W10 SHELL 10-3 354598.731011448 2740000.426988760 N N Y SOFT W/ SHELL 10-4 354617.259013650 2740007.958044550 N N N SOFT W10 SHELL 11-1 354467.538008051 2740216.965036710 N N N FIRM W/O SHELL 11-2 354486.066002207 2740224.494995470 N N FEW FIRM W/O SHELL 11-3 354504.594004171 2740232.025946950 N N N FIRM W/O SHELL 11-4 354523.121992172 2740239.557014290 N N N FIRM W/O SHELL 8/7101, CPX 1863 Fable 1 (continued). Transect/ Site# GPS coordinate' Northing Easting SAV Species present Live Shellfish Species present Shell fragments present° Bottom substrate` 12.1 354373.401996658 2740448.564103510 N N N FIRM W/O SHELL 12.2 354391.929998377 2740456.094950670 N N° N FIRM W/0 SHELL 12-3 354410.458008199 2740463.626038500 N N N FIRM W/O SHELL 12-4 354428.986000965 2740471.157116920 N N N FIRM W10 SHELL 13-1 354279.265001317 2740680.163977180 1`1 N N FIRM W/0 SHELL 13-2 354297.793000239 2740687.693958220 N N N FIRM W/O SHELL 13-3 354316.321002240 2740695.224932100 N N N FIRM W/0 SHELL 13-4 354334.848996651 2740702.755896350 N N FEW FIRM W/O SHELL 14-1 354185.129003794 2740911.763104430 N Nd N FIRM W/O SHELL 14-2 354203.657000809 2740919.293974120 N N N FIRM W/0 SHELL 14.3 354222.185002381 2740926.825084560 N N FEW FIRM W10 SHELL 14-4 354240.712998440 2740934.355934630 N N N FIRM W/0 SHELL 15-1 354090.992003323 2741143.363039070 tJ N N FIRM W10 SHELL 15.2 354109.519997537 2741150.893042630 N N FEW FIRM W/O SHELL 15-3 354128.047999574 2741158.424038920 N N N FIRM W/0 SHELL 15-4 354146.576003506 2741165.955025350 N N N FIRM W10 SHELL 16-1 353996.856003870 2741374.961976510 N N N FIRM W/0 SHELL 16-2 354015.384011896 2741382.493119030 N N° N FIRM W/O SHELL 16-3 354033.911996626 2741390.024001620 N N N FIRM W/0 SHELL 16-4 354052.440008439 2741397.555124400 N N N FIRM W/O SHELL 17-1 353902.719006465 2741606.560969200 N N N FIRM W/0 SHELL 17-2 353921.247016140 2741614.091997550 N N N FIRM W/0 SHELL 17-3 353939.775008752 2741621.623016500 N N N FIRM W/O SHELL 17-4 353958.303003253 2741629.154025580 N N N FIRM W/O SHELL 18-1 353808.582998229 2741838.160970500 N N N FIRM W/O SHELL 18-2 353827.110990599 2741845.691885150 N N N FIRM W/O SHELL 18-3 353845.638991089 2741853.223040470 N N N FIRM W/0 SHELL 18-4 353864.166987242 2741860.753935380 N N N FIRM W/0 SHELL 19-1 353714.445995530 2742069.760024240 N N N FIRM W10 SHELL 19-2 353732.974014735 2742077.291074790 N N N FIRM W/0 SHELL 19-3 353751.501997923 2742084.822116410 N N N FIRM W/O SHELL 19-4 353770.030014682 2742092.352896690 N N N FIRM W/O SHELL 20-1 353620.309981976 2742301.360086610 N N N FIRM W/O SHELL 20.2 353638.837983879 2742308.891023470 N N N FIRM W10 SHELL 20-3 353657.365987676 2742316.421950450 N N N FIRM W/O SHELL 20-4 353675.893999590 2742323.953118100 N N N HARD W/O SHELL 21-1 353526.172973905 2742532.959201460 N N N FIRM W/O SHELL 21-2 353544.700996417 2742540.490023680 N N FEW FIRM W10 SHELL 21-3 353563.229020816 2742548.020836030 N N Y FIRM W/ SHELL 21-4 353581.756983751 2742555.552141470 N N N FIRM W/O SHELL 22-1 353432.036980399 2742764.558822930 N N Y FIRM W/ SHELL 22-2 353450.564998080 2742772.090032530 1`1 N Y FIRM W/ SHELL 22.3 353469.093017650 2742779.621232270 N N Y FIRM W/ SHELL 22.4 353487.621026631 2742787.151921060 N N Y FIRM W/ SHELL 23-1 353337.900990644 2742996.157973430 N N Y FIRM W/ SHELL 23-2 353356.428005162 2743003.689093900 N N Y FIRM W/ SHELL 8/7/01, CPx 1868 I I able 1 (concluded). Transect/ GPS coordinate' SAV Species Live Shellfish Shell fragments Sitr_X Northing Easting present Species present present° Bottom substrate` 23.3 23-4 24-1 24.2 24.3 24-4 25-1 25-2 25-3 25.4 26-1 26-2 26-3 26-4 27-1 27-2 27-3 27.4 28-1 28.2 28.3 28.4 29-1 29-2 29-3 29-4 30-1 30.2 30-3 30-4 31-1 31-2 31-3 31-4 32-1 32-2 32-3 32-4 353374.956007434 353393.483999108 353243.763980375 353262.292039272 353280.820024233 353299.348011084 353149.628010524 353168.154990433 353186.682970576 353205.211015948 352982.270069346 352992.403033267 353002.537068838 353012.670052691 352767.746973231 352777.880011434 352788.013034621 352798.147002767 352552.210999332 352562.343959155 352572.477055621 352582.610035373 352336.674007529 352346.807040635 352356.940071214 352367.074009268 352121.137956975 352131.271063374 352141.404015567 352151.536977729 351905.601040110 351915.734055634 351925.867991131 351936.001039078 351690.065064441 351700.197849906 351710.330948681 351720.464057412 274301 1.220179950 N N Y FIRM W/ SHELL 2743018.750755060 N N FEW FIRM W/O SHELL 2743227.758182640 N N N FIRM W/O SHELL 2743235.289162990 N N N FIRM W/O SHELL 2743242.820135350 N N N FIRM W/O SHELL 2743250.351097850 N N N FIRM W/O SHELL 2743459.356892300 N N N FIRM W/O SHELL 2743466.887785430 N N N FIRM W/O SHELL 2743474.419145190 N N N FIRM W/O SHELL 2743481.949992120 N N N FIRM W/O SHELL 2743601.366250450 N N N FIRM W/O SHELL 2743618.609238100 N N N FIRM W/O SHELL 2743635.852187650 N N N FIRM W/O SHELL 2743653.095152050 N N N FIRM W/O SHELL 2743729.755926890 N N N FIRM W/O SHELL 2743746.999000300 Y N N FIRM W/O SHELL 2743764.241059920 Y N N FIRM W/O SHELL 2743781.484087400 N N° FEW FIRM W/O SHELL 2743856.420764530 N N FEW FIRM W/O SHELL 2743873.663928650 N N N FIRM W/O SHELL 2743890.906075200 N N N FIRM W/O SHELL 2743908.149216080 Y N Y FIRM W/ SHELL 2743983.085900670 N N FEW FIRM W/O SHELL 2744000.329151730 N N FEW FIRM W/O SHELL 2744017.571890070 N N N FIRM W/O SHELL 2744034.814093000 N N N FIRM W/O SHELL 2744109.750785020 Y N N HARD W/O SHELL 2744126.994123010 N N N FIRM W/O SHELL 2744144.236952060 N N FEW FIRM W/O SHELL 2744161.479769500 N N Y FIRM W/ SHELL 2744236.415964030 N N FEW FIRM W/O SHELL 2744253.658891640 N N Y FIRM W/ SHELL 2744270.901784920 N N N FIRM W/O SHELL 2744288.145190380 N N FEW FIRM W/O SHELL 2744363.080891170 N N FEW FIRM W/O SHELL 2744380.323913270 N N FEW FIRM W/O SHELL 2744397.566916190 N N° FEW FIRM W/O SHELL 2744414.809907490 N N Y FIRM W/ SHELL a NC State Plane coordinates, NAD 83, feet As observed from Ponar grab sample Few = < 1 016 of sample contained shell fragments As determined by penetration of aluminum pole pen soft w/o shell or soft vv/shell = low quality for shellfish firm w/o shell or firm w/shell = moderate quality for shellfish hard w/o shell or hard w/shell = high quality for shellfish Littorina (mud snail) present 8/7/01, CP# 1868 I 0 _O O v n-. o u ?-J S N - 6c ;c ' D M 0 "a W O it •I%? > -rj W m i? (j. . ?ygyg N 1 1`\ V fi N a i ti i? z z fm t* a) oak ?? 'rp ID Y, y > ' V fz 2 i. TV ? - Y . T. j ?1? C) nR N CC)D 0 212 (D C.,> tl) CD O N. t 4 I ?I . I Pp. 1 r7CL'-??'??rtlar)U? r••? r •• r r r to to to to CL x. woaiw°-aw_ :t2=d --- 3' ?1 to . !1 la tntn- cnW=? co Jill 11 1111111NIME, ASH SL RED c? as ?wwww ? Tx?x3!Il31-n tntnt? - ??, aa?.a? ? ? ? z <<ZM9fU WHIM o Iala gB a-1 ?Eco)-ktn F co o1 v0 t 1 1 g, r A c'1 MEMORANDUM TO: John Dorney Regional Contact: Noelle Lutheran Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Cape Lookout Marina / Edward & Robert Richards County Carteret Project Number 03 1401 County2 Recvd From DCM Region Wilmington Received Date 1115103 Recvd By Region Project Type construct a marina Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ==?R; 1=11.1• Type Type Impact Score Index Prim. Supp. Basin Req. Req. (AMA vegetated FT O N ??- SA 30,504. 7.60 F F I- F_ P7 ON F_F_F_F_F_F_F__ F--f Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? p Y O N Recommendation: Q Issue O Issue/Cond Q Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This project has been placed on hold and this office is moving towards a recommendation for denial` of the 401 Water Quality Certification. Please see "on hold" letter sent on 12/18/03. NML cc: Regional Office Central Office Page Number ',1 COASTAL MANAGEMENT SOLUTIONS, INC January 2, 2002 WETLANDS 1401 GROUP JAN 0 G 2004 Mr. Doug Huggett Major Permits Processing Coordinator N. C. DENR Division of Coastal Management 1638 Mail Service Center Raleigh, N. C. 27699-1638 Dear Doug: WATER QUALITY SEOTIQ; I This letter is to request that permit processing for the proposed Cape Lookout Marina in Harker's Island, Caretert County be placed on hold until further notice. We have not yet received comments from the Federal agency review, and we are currently reviewing comments from State agencies. Please let me know if you need any additional information at this time. Sin ly, Roger . checter cc: Ted Tyndall, DCM Henry Wicker, COE Noelle Lutheran, DWQ WiRO ,,,6yndi Karoly, DWQ Wetlands Unit ` WP I?-'0 314.01 Edward and Robert Richards 206 Margo Court, New Bern, N. C. 28562 252-6384277 schecter cros@lpmonline.net P??^E"T °F T?F United States Department of the Interior FISH AND WILDLIFE SERVICE _ Raleigh Field Office Post Office Box 33726 AcH 7 `gp Raleigh, North Carolina 27636.3726 July 20, 2004 Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 03--1 qo 1 WETLANDS i 401 GROUP JUL 12004 WATER QUALITY SEGTiON Subject: ID No. 200400138, Edward and Robert Richards, Cape Lookout Marina, Carteret County, NC Dear Mr. Wicker: This letter responds to your request, dated June 22, 2004, for the comments and concerns of the U. S. Fish and Wildlife Service (Service) on the responses submitted by Mr. Roger Schecter on behalf of the applicants, Edward and Robert Richards, for a Department of the Army (DA) permit to construct the Cape Fear Marina on Harkers Island, Carteret County, North Carolina. Mr Sehecter's responses address concerns expressed by the Service, by letter dated February 2, 2004, on Public Notice (PN) No. 200400138, dated December 4, 2003, for the subject project. Our earlier comment and those given below are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to the protection of fish and wildlife resources. Revised Project Plans Mr. Schecter's responses along with an Essential Fish Habitat Assessment, dated May 25, 2004, stated that several changes have been made in the project plans since the initial permit application. There is also a revised project narrative dated May 21, 2004. The number of wet slips has been reduced from 50 to 42. The linear footage of floating dock for dry stack staging has been reduced from over 600 feet to 285 feet. The canal dredging and bulkhead location have been moved 40 feet to the west of the previous alignment and the bulkhead will terminate approximately 40 feet from a shellfish resource identified by the North Carolina Division of Marine Fisheries (NCDMF). The responses state that the shoreline of the marina would not alter or impact the fringe wetland at the end of the eastern peninsular. The bulkhead along the western peninsular would be moved to eliminate any loss of fringe marsh along this reach. The proposed marina would still be marketed to boats between 25 and 40 feet in length and would, over a period of 8-10 years, create two, dry stack buildings with a 540-boat capacity. The development also continues to propose a dredged channel (distinct from the canal at the marina site) from the marina across Eastmouth Bay to deeper water in Core Sound. The channel would be 40 feet wide, 7,100 feet long (1.34 miles), and have a depth of five feet at mean low water (- 5.6 feet mean sea level). 2 Responses of Applicants to FWS Concerns The Service is pleased that dredging, if it occurs, would incorporate the Service's guidelines for the protection of manatees (Trichechus manatus). We are also pleased that notices would be posted along the proposed channel regarding both sea turtles and manatees and that a no wake zone would be incorporated into the facility's lease. The primary concern of the Service was direct and indirect impact to areas of submerged aquatic vegetation (SAV). The responses cite several studies indicating that no SAV occurs in the direct footprint of the proposed channel. However, three of the studies are from the period of 1983 to 1988. The fourth study is a predictive mapping study published in 2001. While we do not question the findings of these reports, we do note that SAV sampling by CZR, Inc. in July 2001 near in proposed channel found eelgrass (Zostera marina) at 5.5% (7 of 128) of the sites sampled. Therefore, while the actual footprint of the proposed channel may avoid SAV beds, the area near the channel contains SAV. The Field Investigation Report (FIR) of the North Carolina Division of Coastal Management, dated October 31, 2003, stated, "aerial photography through the years confirms the continued and dynamic presence of submerged aquatic vegetation with Eastmouth Bay." Remaining Service Concerns The Service remains concerned about the permanent alteration of approximately 7.4 acres of shallow estuarine bottoms in Eastmouth Bay. Depths along the proposed channel are currently two to four feet at mean low water. Increasing the depth to five feet would change the physical characteristics of these shallow bottoms. Even if the actual footprint of the channel does not contain SAV, shallow, unvegetated, estuarine bottom are important fish habitat. These areas provide habitat for demersal (bottom dwelling) fish species, such as sturgeons and flounders, which live and feed in bottom sediment. Shore fishes are abundant in unvegetated shallows, but they often migrate into adjacent weed beds and marshes, where there is greater protection and an even richer supply of food. The Service continues to have serious concerns about the secondary adverse impacts of the revised project on the fish and wildlife resources of Eastmouth Bay. The project would create a facility to maintain almost six hundred vessels, some of which would be 40 feet long. While all vessels would not be in use at the same time, the facility would increase boat traffic across Eastmouth Bay. This increase in boat traffic would create turbidity and subsequent sedimentation for SAV and shellfish outside the actual channel alignment. The FIR stated that "bay substrate is very fine and lends itself to re-suspension easily." The FIR also notes that operation of the proposed marina could "cause the ongoing re-suspension of fines into the water column with the associated changes to temperature, sunlight penetration, oxygen availability, etc." The turbidity produced by channel dredging and marina operations may directly harm fish population. The North Carolina Sea Grant [hereafter NCSG] (1966, p. A-32) states that: "Increased turbidity can directly interfere with the feeding of certain fish species by clogging gills of filter feeders and deposit feeders and inhibiting feeding for those species that depend on visual cues to detect food. Sediment deposits can bury fish eggs, making 3 them nonviable and having a direct impact on fish reproduction. Sediment can also disturb the benthic community, thus affecting the forage base." The proposed channel still retains the potential to diminish the long-term viability of nearby SAV and the organisms they support by altering natural currents and other physical characteristics of the area. The important ecological functions provided by areas of SAV are dependent on the physical and biological characteristics of surrounding areas (NCSG 1996, p. A-28). Flow patterns or currents in shallow, sandy areas facilitate the passive colonization of SAV by larval organisms. Areas of shallow sand and natural flow characteristics are required for the proper functioning of seagrass meadows. The Service shares the concern of the North Carolina Division of Marine Fisheries (NCDMF) that the proposed channel may result in the creation of private connector channels. If the proposed channel is created, other property owners may seek to construct access channel to the marina channel. Such secondary access channel would further reduce shallow unvegetated bottoms and could produce the direct loss of SAV areas. The applicant's response (No. 4) to the NCDMF states that new basins are not likely along the shoreline of Eastmouth Bay. However, this office currently has a permit application (Action ID No. 200400889) to review for Rose Craft Marina which is on Harkers Island adjacent to Westmouth Bay. The permit application seeks to add nine boat slips in an existing basin. While this marina is west of the proposed marina, vessels could choose to travel east to use the proposed channel. The DCM investigation. report for this marina expansion notes that SAV and shellfish leases are prevalent in Westmouth Bay. Future developments similar to the Rose Craft Marina could, as suggested by the NCDMF, result in future dredging through SAV areas to join with the proposed channel. The adverse impacts of constructing the proposed channel and operating of a marina serving boats up to 40 feet long would extend beyond the area of the actual channel. Furthermore, the ability to monitor any deterioration of habitat values within the SAV beds would be costly and difficult. The feasibility of adequately restoring the habitat values of SAV lost or degraded is questionable. Areas of SAV require rather precise ranges of depth and flow conditions that are not easily duplicated for compensatory mitigation purposes. The proposed dredged channel creates the risk that SAV will be permanently lost in Eastmouth Bay. The applicants state that the natural resources of Eastmouth Bay would benefit in the long run by channeling boat traffic into the proposed dredged channel. This is seen as preferable to having the vessels "wander where ever they may." The Service does not concur with this position. To some extent the existing shallow water in Eastmouth Bay excludes larger boats which have larger and more powerful motors. The FIR noted that skiffs of 17- and 19-feet were observed moving through the bay during a site visit in October 2003. By increasing both the number and size of vessels traversing Eastmouth Bay, the proposed marina and the dredged channel would produce adverse environmental impacts which would not otherwise occur. Service Recommendations Considering the high value of fish and wildlife habitat within Eastmouth Bay, the Service would recommend that a DA permit not be issued for dredging the proposed 1.34-mile channel. Areas 4 of SAV represent very important habitat and there are significant concerns that adequate in-kind replacement of this habitat cannot be achieved in a manner that would benefit the resources impacted by creation of the proposed channel. There is a risk that the proposed channel would result in the permanent loss of this important fish and wildlife habitat. We believe that a marina could be built. The size of boats served by this marina would be consistent with that of boats that have historically used the existing access through Eastmouth Bay. Future planning should consider a marina designed for boats that could access Core Sound without the need for a dredged channel. We continue to believe that excavation of the 1.34-mile channel across Eastmouth Bay may result in substantial and unacceptable impacts to aquatic resources of national importance. The Service appreciates the opportunity to comment on planning for this project. Please advise us of any action taken by the Wilmington Corps District. If you have questions regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard hall a fws.ov >. Sincerell v. V Peter gamin Ecol ical Services Supervisor Literature cited North Carolina Sea Grant Program. 1996. Protecting Coastal Resources from Cumulative Impacts: An evaluation of the North Carolina Coastal Area Management Act. Completed by B. A. Doll and A. S. Coburn. Edited by C. Burgess. North Carolina Department of Environment, Health, and Natural Resources. NC Sea Grant Publication No. UNC-SG-96-12. 45pp + Appendices. cc: Rebecca Fox, US EPA, Whittier, NC Ron Sechler, NOAA Fisheries, Beaufort, NC David Cox, NC Wildlife Resources Commission. Creedmore, NC John Dorney, NC Division of Water Quality, Raleigh, NC Doug Huggett, NC Division of Coastal Management, Raleigh, NC Mike Street, NC Division of Marine Fisheries, Morehead City, NC Jim Stephenson, NC Coastal Federation, Ocean, NC U?, v )461 DEPARTMENT Or THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: January 7, 2004 Regulatory Division Action ID No. 200400138 JA'?' M04 Mr. John Donley Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: 1 G ? dVETLANIDS1:;pi r,?OUp "ATER(?U?i??; Y;;?CIION Reference the enclosed application of Edward and Robert Richards for Department of the Army authorization and a State Water Quality Certification to construct a marina which includes 50 wet slips, 540 dry slips, dockage, basin and canal expansion, travel lift, ship's store, workshop, parking, and 1.25 miles of new channel in Eastmouth Bay, at 401 Bayview Drive, on the north side of Harker's Island, Carteret 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. We have determined that a water quality certification is required under the provisions of Section 401 of Section 404 of the Clean Water Act. 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 March 8, 2004, the District Engineer will deem that waiver has occurred. Thank you for your time and cooperation. Questions or comments may be addressed to me, Henry Wicker, at the Wilmington Regulatory Field Office, telephone (252) 910-4930. Sincerely, Henry Wic ter, Project Manager Wilmington Regulatory Field Office Enclosure 2 Form DCM-W-1 8 T? -.1,.1'CA1 ON iljoyo'? (To be completed by all applicants) b. City, t4corarriunicy or landmark 7c) 1. APPLICANT t S ?"'S a. Landowner: N am e .J? 1q tiz? \c-? C'+lp S Address 113?Pn- ?i?v l ?y?t^ city L kiwrt Urce, state \(A-- c. Street addrl ssecondary road nu ber d. Is proposed work within city limits or planning jurisdiction? Yes :. t---No Name of body of water nearest project (e.g. river, creek, s.oun?±,'--:••) ?(? Sa m Zip- Day Phone -Q4?b Fax 3. DESCRIP`T'ION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Address 2.M Vvdd- C ityan-,A) State ZiaSG Day Phor-C;!? Fax tJ? c. Project name (if any)OAqa wvv(RAIIIt NOTE: Perrrsst will be ittued in name of l©wa+.n.er(t), and/or project nine. 2. LOCATION OF PROPOSED PROJECT a. List all development activities yo propose e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filli^g activities. (ti ck W14)9-ANA , t b. Is the proposed activity maintenance of an existing project, new work, or both? ?S DecL°kKt? ? c. Will the =b e for ublic, private or commercial use? '? 'fit gU'Z d. Give a brief description, Apurpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. a. County C1 (L? Q4-). Form DCNI-MP-1 4. LAND AND WATER CHARACTERISTICS .l i. , / << 8 (2UU m. Describe existing wastewater treatment facilities. A-0 ? )-_1171 ? .s^rti.?,-? ,acs a. Size of entire tract 4Z©• ?1-?1?'$tu?`??^L? Describe location and type of discharges to waters ^ 1 /? of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) f VAT' wastewater, industrial/comrnercial effluent, "wash down' and residential discharges.) u c. Approximate elevation of tract above- or NW L '4' LO 0 _ T " d. Soil types and texture(s) of tract o. D ribe existing drinking water su p y source. e. Vegetation on tract c-, f 4 3y; 0 f. Man-made features now on tract D-Ef- ! Cc ?J C Q?GT 1? C7 g. What is the CMXA Land Use Plan land classification of the site? (Co.uutr the lots! land u.re pLm.) ll?conservation Developed Rural Transitional Community Other h. How is the 4r ct zoned by local government? i. Is the proposed project consistent with the applicable zoning? Yes No (Attaci Zoning Compliance eer:iflaue, if cppficable) Has a professional done for the tract? If yes, by whom? . archaeological assessment been Yes V1____No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _ :: ?o 1. Are there wetlands on the site? ? Yes No Coastal (marsh)1_5 Other 44 If yes, has a delineation been conducted? (Arach doaL++e+u-=rion, if available g 5. ADDITIONAL rNF'ORIMATION In addition to the completed application form, the following items must be submitted: A copy or 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 I1 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 Form DCht-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PER.NUSSION ° 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 Address S? \ \ S E;F Phone (JL? ?L%.? N L Pnio) Name Address Phone N (Z'44_1 M Z-- AID ?l0 Name?C-- Address Phone 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 thee???"' day of? ° A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name .permittee, and issuing dates. / RVkC1tAt??` `j(?l?Q (???p (Q/((Signature [,mtdoxnc or Au: r{:cd rnf On ?"-W ?Z, / &k-) r = Z ?t5 9120 ° A check forU made payable to the Department of Please indicate attachments pertaining to your proposed 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 land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. prod ect. NOTE: Please sign and date each attachment in the space provided at the bottom of each form. _L, DCM MP-2 Excavation and Fill Information CM MP-3 Upland Development DCM MP-4 Structures Information ?CM MP-5 Bridges and Culverts - DCM MP-6 Morin a Development Reviscd 03/95 Form DCNi-.N P-2 ?,AVtA x TION AND ?'IL?, ?003 (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access C tel (`1L ar (titit2.) Canal t Boat basin Boat ramp 1. EXCAVATION a• nt of material to be excavated from below MH or h'WL in cubic yards ry b. Type of material to be excavated ?;?.?C I e. Does the ar o be excavated include coastal wetlands ( sh submerged aquatic vegeta> p (SAVs) or o er wtZQs? Yes No t' x es 4, of E; W:1 6-r d. Highground excavatio to runic yards 2. DISPOSAL OF EXCAVATED U-kTERUL a. Location of disposal area Rock groin Rock breakwater aher (czZ!U .or.!inC StlbUL i;icn) b. Dimensions of dispRSal area a'x Y X ?r SS(( c. Do you claim title to disposal area? ?Yes No If no, attach a le cer granting permission from the owner. d. Will a disposal area be available for future maintenance? "Yes No I as, where. 4r -- Av( OF r Averse F•uial E=d -g Project Uagth Width Depth Depth Form DCNI-N P-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ?No f. Does the disposal includ any area in the water? Yes Z 3. SHORELINE STABILIZATION a. Type o horeline stabilization Bulkhead Riprap b. Len;th c. Average di-tance water-ward of MHW or NWL . d. Nfaximum distance waterward of MHW or N`L e. Shoreline erosion during preceding 12 months (Sour--e Cf inrormarion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap f I lk'--' (2) Bulkhead backfill ?T?-' h. Type of fill material" i. Source of fill material kA- 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fiil material be bro?ucyht to site? Yes _?iti o If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes ??' No If Yes, (1) Dimensions of fill area (2) Purpose of fill ?. GENERAL a. How will excavated or fill mater ia; be kept on site and erosion controlled? hC`l2M b. W 'hat type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crossed in transposing equipment to project site? Yes ?No If yes, explain steps that will be taken to lessen environmental impacts. AppUc?pt)lr Projty, Name S?aaturY \ iv a? D3 C; Form DC,N1-11YLP-3 UPLAND ?EV?LOPMENa 7r (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units o structures proposed [j? tt? ?-?t l hc? lt(c(/l ?}.j b. Number of lots or parcels -0 0 li, c. Density dive the number of residential units and the J units per acre) -?_ +-151 fly 1* k d. Size of area to be graded, filled or disturbed including roads, ditches, etc. '?. `?t If the proposed project will disturb more than one _ acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes _t,? No If yes, date submitted f. List the. materials (such as marl, paver stone, asphalt, or concrete) o be used for paved surfaces. r g. Gi e percentage of the tract within 75fep, of 1 N ' r NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. _62 S TO B ?x)03 Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? - - 1,-"' Yes No If yes, date pbn}? Angr ga a/ 1? (a 3 Describe proposed method of sewage disposal. tZ ? 00 Have the facilities described in Item i. above received state or local approval? G •?„-?-? (Amach appropriate doerrr:e=n0n) Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). ?-" ? /.7?3 't (?,r-?_??1cP.??c-,per - 1. Describe proposed drinking w A supply source ecommunity, pu t , etc. M. Will water be impounded? Yes -,,- vo If yes, how many acres? n. If the project is a oceanfront develop men , when was the lot(s) platted and recorded? uate Revised 03195 Form DCNi-.'Y P-i S TTIRUC r__In_UR_ES (Construction within Public Trust Areas) L ? 8 X003 Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Fo m DCM-MP-1. Be sure to complete all (1) - Comm arcial Comm uni e Private ' other se=Lions of the Joint Application which relate to (..) - - Numbe ? this proposed project. (3) Description of buoy a. Doc s) an?lor Pier(s) (Color, inscription, size, anchor, etc.) Commercial _Community .- P ivate (2) Numbe45:D _145 6- ` (3) Length -'r10, (4) Width of water body (=) Width ? ?0_ -Sq oL &A -Z/ (P t7.o (5) Distance buoy(s) to be placed v (6) Finger Piers _? Yes No shoreline (i) Number ASr (u) Length Soy &Vr' f. Moor ing stn:cture (boadift orinQ nss er^ ) (iii) Width v6 (6) Pla«orm(s) Yes (1) , . , _E,?-Cormercial Community Private o (2) Number (i) Number (3) Leng-1-i (ii) Length (4) Width (iii) Width (7) Number of slips proposed 1-; y (13'QT5L; ? S CF. Other (Give c:._ .zle:e de: c--:cr.'anJ (8) Proximity of srr-sca.,re to adjacent riparian prope.-ry lines (7-n - lAhl?) IS (9) Width of water bod; It ' ' Ct-ta? (10) 'r depth at w•a:--ward g-nd of p er at ?iL or IvW'L C'A? J 5 JAR ?J -. . r . b. Boa:i,ouse (including cover z-J lifts) (1) Commercial Private (2) Lea`-.h (3) Width c d. Breakwater (e g wood, sheetpile, etc.) (1) Lenz-.h (2) Average distance f.om MHW NWL or wetlands (3) M_Iximurn distance beyond MHW, N)'L or wetlands - Groin (e.g. wood, sheemiie, etc.) (1) Number (2) Length(s) Date Form DCNI-MP-6 A A MAREN DE?IELO]PMlENT (Required for the mooring or more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. MARINA CHARACTERISTICS g. Typical boat length 2?* r h. Maximum boat length L Are any floating structures planned? DV O If so, describe a. Check elow the type of marina proposed. Commercial Public Residential b. Will the marina be open to the general public? Yes No c. If there is residential development associated with the marina, how many units or lots are planned and how ra ny are currently developed? KA4 d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies - ___%,?bockage ("wet slips") only Number of slips 15-P v,"'^ Dry storage Number of boats S40 Boat ramp(s) Other (describe) e. Check beellQw the proposed type of siting. ?Land cut and access channel -Le-6pen water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). r2 ©? ©c t1 ?Z_ ?S 2. MARINA OPERATIONS Check each of the following sanitary. facilities that will be included in the proposed project. L,--" Office toilets i Toilets for patrons Number 10 Location-SW?a?. ,cxz_r--(0 131 ` ?Showers-?•D? a __?GBoat holdin tank pumpout Type and location u '- C •Jb. Describe treatment a and disposal location for all A?nnrrtary wastewater. ' c. Describe the dis sal of solid w?4te, fish offal and trash di,ss?posal. 24- 0 *, A-tzAdT- d. How will overboard discharge of sewage from boats be controlled? 'cAjg? 6 y, e. Give the location and num er of "No Sewage Discharge" signs proposed. RcTised 03195 Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sand },asting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of ?CA '5;'?'r eaA k rU h. Give the number of channel markers and "No Wake" signs proposed.'A (lam Jl er) h? GV'C?vLS' ?_ L Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. l= 0AyK)cw-- j. -Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts.CZtyta-L- _,:C{ r z--Olt-;- 4., Ut- k. What will be the marina policy on overnight and live-board dockage? -d1Jl??.,'1> U 1. Is the proposed marina located 4ear any shellfish leases? Yes No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, wwat types of servi are currently provid ? ? " , _ n. How many slips are now available? -? 8 %U(;3 o. Is the marina proposed within a primary c secondary nursery area? Yes L----No p. Is the marina proposed within an area open t•' shellfish harvesting? No q. Give the location and number of "Pumpout Available" signs proposed .`V OU ?? Date Rerisrd 0.3/95 0 -- ; 2003 N ? r11' ?,111: Cape Lookout Marina, Inc. 1136 Manor View Court Lynchburg, VA 24503 Mr. A. Ray Huffman 7923 Mill Grove Road Indian Trail, N.C. 28079 September 18, 2002 Dear Ray : As previously discussed, this letter provides notice to you of my proposal to construct a marina and dry stack facility at 401 Bayview Drive, Harker's Island in Carteret County. The project, Cape Lookout Marina is subject to review for a CAMA Major Development Permit. A copy of the application, project narrative and plat is enclosed for your information. As an adjacent riparian property owner, I am requesting that you provide me with comments on this proposed work or indicate that you have no objections. Please respond as provided below and return a copy of this letter to me. Thank you, and please let me know if you have any questions. My day time telephone number is 434-385- 2331. Sincerely, Cape Lookout Marina, Inc. By: Edward F. Richards, CPA V-1 have no objections to the proposed work. See my comme attached. Signature • ?• OJ-Date DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Cape Lookout Marina, Inc./Edward and Robert Richards 2. LOCATION OF PROJECT SITE : This is a 20.47-acre tract (10.6 upland) adjacent to Eastmouth Bay, on the north side of Harker's Island, 401 Bayview Drive, Carteret Co. Photo Index - `00: #604, grids 16 E-I; 15 D-1; 14 D; C 2-13; #605, grids D 15-24; E 14; F 13; G 12; H 11; 10 I-M. `95: #584, #585; `89: #156-6, #156-8; `84: #1213, #1212; `78: #33-203, 204. Rover: #L101612A State Plane Coordinates - X: 2738100-2745000 Y: 348500-353400 3. INVESTIGATION TYPE : CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Site Visits - Many times 2000,2001_,2002. Most recently, 6/04/02, 9/20/02, 10/31/02, 11/06/02, 10/16/03. Was Applicant Present - Agent and/or surveyor many times. ' i V 1 5. PROCESSING PROCEDURE: Application Received - cc: 10/28/03 a 07 0 dl 2063 Office - Morehead City 6. SITE DESCRIPTION: f?7 (A) Local Land Use Plan - Carteret County 0 J Land Classification From LUP - Limited Trans ition/Conservation (B) AEC(s) Involved: ES, EW, PT, CW (C) Water Dependent: Yes/No (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Planned - Additional septic, storage area, pumpout (F) Type of Structures: Existing - Residence, failing bulkhead, dock Planned - Wet and dry stack marina 7. HABITAT DESCRIPTION: AREA DREDGED FILLED SHADED (A) Vegetated Wetlands Spartina alterniflora 2360 sf High marsh - mixed 5135 sf 1600 sf (B) Upland Area 30,749 sf 291,595 sf (C) Shallow Bottom Habitat 323,000 sf Open Water 6380 sf (D) Total Area Disturbed: 14.9 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant's propose to construct a marina to include 50 wet slips, 540 dry slips, dockage, basin and canal expansion, travel lift, ship's store, workshop, parking, and 1.25 miles of new channel. ?? 0 o C) ?")t") 0 1 F DC%1 D?VQ ". . Development Type cc (14300 1601 435100093 1625 6253) 435100095 2341) ? (24300 1-- Private, noncommercial 1 I ? . . development that does not involve r' 5250 100°,0 (5250) ? 0°,< (SO) the filling or excavation of any wetlands or open water areas. _ a y , II. Public or commercial development that does not involve the filling or ! 5:00 100°,0 (S 00) 0°,0 (SO) excavation of any wetlands or open , water areas: III. For development that involves the : `S filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 0, C, or D ~. below applies: F III(A). For Private, non-commerc:al development It General water Cuality a 5250 100°0(5250) L,' 0."? (SO) Certific3:ion No.3301 (see attached) cpiied: 4 can be a . III(S): Fcr p:bGc or commercial i develcpment, it General wa!r Cuali;y 500 100io (5400) (SO) Cert`ca:ion No.3301 (see a; acted) can be applied: L I III(C). If General Water Qua51y 7 Certi`cz::cn No. 3301 (see attached) t ^ could be applied, but DCM s aff ' etenmined that additional revi•=,v and S;00 60% (S240) 1 ?C°o (5160) written C';.'Q concurrence is needed because or cor.cems related tc water ;uaN" Cr aqua:!c life: Y 1 III(D). V General `Pater Cuaii;/ Certification No. 3301 (see attached) 5400 6016 (5240) -J-%(5160) can not be applied: / Fcr development that inve,ves N. + the fiii ng and/or excavation of mere 5476 60%(S255) ?0°b (5190) than one acre of wetlands and.'cr open water areas: Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 2 9. NARRATIVE DESCRIPTION: The property is a 20.47-acre tract of land located on the north side of Harker's Island, at 401 Bayview Drive. The site consists of 10.6 acres of upland adjacent to Eastmouth Bay, and 9.9 acres of wetlands and canal system within the bay. The north side of Harker's Island is riddled with mosquito ditching, and this property is no exception. There are 4 unimproved mosquito ditches on the north east side of the property, and the main ditch to the west that was improved to create a boat basin and canal prior to the onset of the CAMA in 1978. Several canals in this same area were likewise expanded during the years preceding the LAMA. The property line to the west is located in the center of a less improved ditch. The north side of the tract is _ primarily vegetated with Snartina alterniflora along the lull ditches, for a width of approximately 8001. Peninsulas created from the spoil of the original canal excavation line -° both sides of the canal. A narrow fringe of Section 404 Wetlands lines the peninsulas and the south side of the mosquito L?? :"•i ditches. Landward of this fringe, there are areas of high coastal r marsh that do not contain soils sufficient to be designated as Section 404 wetlands, and yet do interact with the waters of the bay. ' 'The remainder of the property is upland, cleared, and previously disturbed. vt u The upland portion of the tract averages +5' msl, and is vegetated with common grasses. As stated above, the basin, canal, and residence were developed prior to 1978. The 1978 aerial photograph shows 15 trailers located on the peninsula area 14?_,v ?.. around the basin. According to the records, the basin and canal were dug in anticipation of a federal project to be located within ""'" ` Eastmouth Bay. This project never came about. By the 1984 photography, most of the trailers were no longer present. The 1989 photography shows the evolution of the site to a boat construction facility, and in fact there is a vessel under construction shown on the photo. The 1995 photography shows this operation '! d continuing, and what appears to be the same vessel under construction. By the 2000?'`??'`` photograph, and continuing to the resent the commercial ventures are abandoned, and the single residence and relic concrete pads from the s ; previous businesses are all that remain. Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 3 During the years, previous property owners have engaged the review agencies in v requests. In the mid 19801s, then owner Mr. Theodore Lang, DBA NML Shipbuilder received 2 Notices of Violation (#87-01 and #86-64) from this division. The former unauthorized excavation, and the latter was for unauthorized wetland fill. An apt was submitted and circulated to the agencies during this time period request construction of a new boat manufacturing facility, to include excavation and fill of w facility buildings, and bulkheading. After receiving negative agency comme application was retired on August 25, 1988. Also during the mid 1980's, there were General Permits issued to Mr. Lang for 77, maintenance excavation of the canal and basin, a boat ramp, bulkhead, SWIM subdivision, and pipeline of sorts. $FV There is no indication on file as to which of these permits were utilized. Currently, n,, there is a residence with a septic tank, boat basin and canal with failing bulkhead, and a recently constructed small, private dock. The request on the table currently has undergone review during the SEPA process via Environmental Impact Statement. The Record of Decision was issued on August 22, 2002, and since that time the applicant has finalized the CAMA The proposal is for the construction of a marina, comprised of 50 wet slips, 540 dry st,, with a boardwalk around the perimeter of the basin, and floating and fixed dockage wit the basin. Boats 25' to 40' in length are intended to use the facility. The basin is prop, for expansion into the high ground and high marsh, as is the canal. Additionally, excava of a new, 7100' channel is proposed, leading from the canal through Eastmouth Bay, to deeper waters located within Back Sound. Eastmouth Bay is not designated as a Primary Nursery Area. The waters are open to the taking of shellfish, with a documented historic use, according to the NC DMF. Approximately 1/? mile to the west of the project site within the eastern portion of Westmouth Bay, there is a sizeable shellfish garden, operated by Carolina Atlantic Seafood Company. The bay has a considerable population of Zostera marina. The waters carry a stormwater classification of SA. The Carteret County Land Use Plan has classified the area as Limited Transition, with all AEC's being classified as Conservation. The width of the bay is approximately 900' across at the mouth of the canal, increasing as one heads east. The submitted plats show a section of wetlands on the peninsula to the west labeled as "marginal coastal wetlands." These areas are in transition, and while presently being supported mostly by stormwater ponding, they are Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 4 increasingly flooded by the canal to the west. The wetlands are not sufficiently active to be considered jurisdictional under the CAMA presently. They are noted on the plat at the request of the Division because of the long-term nature of major permits. On June 04, 2002, two representatives of the Division of Coastal Management performed informal sampling of Eastmouth Bay in the vicinity of the proposed access channel. The results are as follows: The near shore environment ftntnediatt-li east of the niouth of the channel consists )f peat and ,and with a dense root neat and rhizomes. Juvenile flounder -* ere set-n. Leayi a- the shore, the root nnat «as less dense and the substrate had 4" to 6" (it silt mer say Slightly further, front approximately 40' offshore to,130' offshore at this, aiuc location he substrate became prooressk ch snore organic. «ith thicker la%ers of fines. Marsh root in t, SAS' rhi/(lines. sea squirts, parchment lubt- Niornls, and oyster hash were cc+mEnon.. t Relocating to 100' east of the channel and nnoving in 10' segnnents off shore, lite near shor(- area I', sand and shell, and beginning at approxiniatel} 20' offshore, the substrate Avas siltici with peat, mussels. SAN' rhizomes. parchment tubs worms. At about 60' offshore, there were lip ousters. At about 10;' offshore, there '*Ias indicatit) of a kicked channel area, with 1' of silt over. vegetative root iniat. This deepened unf i. approximately 120'. and shallowed to 130' "I-her(. i; was clearl\ the opposite bank oftlte kicked area. ?1t approxim.ttc)\ submerged gra,., ..eds. NUN ing to the second green marker in Ijastntouth Ray. there vyere S.k\"'s ?e ithin a 0' radius of the marker. "phis -icuetation v--as Ittsh. approximately 2' in length. At this point, the water depth was approxiMatell -2* at normal low wat r, The substrate teas firm but silty . _WW E here were nunletims crab 1?Uts within fact that t to r 6," 0-t( fxelif investigation, despite the i,it ,laried 2 boar befo?-c ImI ticle..a?;cf continued almost until lo•i tide. Fxtrente turhi 't} rr,a< caused by each passing vessel sufficient to block ail v-isibititi . Approximately 1000' front the niouth of the canal. all a%idence of kicking terminated. ? On October 16, 2003, a field inspection Aim shade to confirm change` made tot the application anon plats. `t'his g isit.v ac tiiacfe sit $.(10 r1 '1. tclnich ??as during tlto> to r, tide phi at the site. SeAeral 17' and 19' skiffs passed front `'Ves-tntouth Ina- through 1 astniouth l; c heading to Back Sound. i f Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 5 Aerial photography through the years confirms the continued and dynamic presence of submerged vegetation within Eastmouth Bay. The aerials also reveal the fine composition of the sediments, i.e., the 1995 photo shows a very turbid stream from the passing of a boat. In July of 2001, the applicant had benthic samples taken 10' and 30' north and south of the proposed channel centerline. A total of 128 sites were sampled. Zostera marina was found at 5% of the sites, 3% within the proposed channel. The results are attached. The applicant took dissolved oxygen levels as part of the SEPA process, which revealed 4.33 to 5.96 mg/l within the canal during a 2 week time period between August 30 and Sept 15 (enclosed). The specific proposal for this project is as follows: In the general vicinity of the existing concrete pads, the applicant proposes to construct two dry stack boat storage buildings, one to house 240 boats and the other to house 300 boats. There will be a workshop for minor maintenance and repairs, a ship store, 6 restrooms, showers, offices, fuel service, and a wastewater pumpout. Another 4 restrooms will be provided within a building located on the peninsula to the west of the basin. The fuel dispenser, holding tank, and pumpout are shown adjacent to the bulkhead in the southeast corner of the basin. Asphalt parking is proposed adjacent to Island Road and along the peninsula to the west. A total of 140 spaces are provided. The proposal is to enlarge the existing septic system and pump across the street to another septic field. This plan has received Carteret County Health Department approval. Approximately 2375 gallons per day of potable water will be required for the marina operation. This will be obtained from the local municipal system. The existing, failing bulkhead is to be removed. The existing basin, 150' x 105', will be enlarged to 285' x 1721. The existing 860' x 75' canal will be widened on both sides for the end result of a canal 118' in width. The basin and canal will be stabilized with a new vinyl or concrete bulkhead, totaling approximately 2700' in length. A "drop zone" with travel lift to launch the boats from the dry stack facility is to be located on the east side of the basin. This area will be approximately 260' x 60' on average, and will abut the bulkhead. Besides the "drop zones" located within the basin, there are floating docks for offloading and temporary mooring. The 7' wide floats total 120' in length, and the 6' wide float s total 590' in length. There are 25 fixed finger docks proposed in the basin and canal, averaging 4' x 201, with 75 associated mooring pilings. Within the basin, 13 slips are proposed, and within the canal 37 slips. The slips will accommodate boats fro m 25' to 40' in size. There are 6 walkways proposed from the parting lot to the marina, averaging 45' to 50' long, and 6' in width. A drip -thru boardwalk is proposed for a length of 1567' around the perimeter of the basin, with a width of 6'. Overnight dockage will be allowed within the basin and canal with a lease requiring a locked head. Hydraulic dredging of the basin and canal are requested from the existing depth of -3.4' to -4' nlw to a finished depth of -5' n1w. This area will be excavated wi th a box cut design for equal bottom and top cut widths. A spoil area will be constructed in the area of the proposed Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 6 dry stack buildings, with approximate dimensions of 350' x 310', with 7.5' of freeboard. This facility will have the capacity for approximately 30, 139 cubic yards of material. A smaller spoil area for future maintenance is proposed on the peninsula to the west of the basin. This area will be approximately 310' x 60' with 7.5' of freeboard, and will accommodate approximately 5167 cubic yards of material. From the mouth of the existing canal for a distance of approximately 1501, there is an unauthorized, informally excavated channel. Extending for another 1000'+ there is a less defined area that shows evidence of prop wash. Aerial photography and field inspections indicate this feature to average 9' to 15' in width. Current soundings show approximately -2' at nlw. The applicant is proposing to excavate a new channel from the mouth of the canal for a distance eastward of 7100'. This feature is intended to connect to the existing -5' bottom contour within Back Sound. The application states that current soundings within this area average from -2.4' nlw to -3.9' nlw. The request is for a consistent bottom depth of -5' nlw. The requested top width of the new channel is 40' for the entirety of the distance, with bottom widths ranging from 19'-33'. Approximately 21,700 cubic yards of material will be removed to accomplish this, with the anticipation of another 3900 cubic yards every 5 years. This material will be removed hydraulically and deposited into the large spoil area initially, using the maintenance area after the initial dig. It is anticipat ed that this spoil will be removed from the site after drying. Twenty-six channel markers and 4 no-wake signs are proposed along the 7100' channel. The NC Division of Water Quality has approved a Stormwater Management Plan for this proposed development. No Sedimentation/Erosion Control Plan has yet been submitted to the Division of Land Resources. 10. ANTICIPATED IMPACTS: The upland portion of this marina facility will require the grading and filling of 7.4 acres, with a finished impervious area totaling <29% within 75' of Eastmouth Bay, and 25% overall. Approximately 5135 sf of high marsh will be excavated by the widening of the canal, which will also require the conversion of approximately 30, 749 sf of high ground to an open water system. Approximately 2360 sf of low marsh will be excavated for the basin expansion. This marsh is landward of the existing bulkhead that is functioning as a breakwater. The remainder of the proposal will cause the filling of approximately 1600 sf of high marsh. The area shown as marginal wetlands will be filled, but is not presently considered to be interacting with the estuarine system. The canal, basin, and new channel will require the disturbance of approximately 323,000 sf of shallow bottom habitat within the system, 39,000 sf of which is maintenance excavation within the existing canal and basin. The docking system will shade approximately 6380 sf of newly created open water system. The 7100' of new excavation through Eastmouth Bay is clearly proposed within SAV ha bitat, although it is possible that the activity may bypass the actual vegetation at the time of dredging. While the Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 7 proposed channel is located within active shellf ish waters, the actual channel cut may not disturb the resource. Turbidity will be an issue during excavation, as the bay substrate is very fine and lends itself to re-suspension easily. Turbidity may also be a continuing issue as impatient boaters on busy weekends utilize the shallower areas outside of the channel during sufficient and semi-sufficient tides. This use could cause the ongoing re -suspension of fines into the water column with the associated changes to temperature, sunlight penetration, oxygen availability, etc. The project itself has the possibility to greatly increase the boating use of Eastmouth Bay, with the addition of 590 boats. This impact extends to Cape Lookout, the selling destination of the project, with the addition of several hundred weekend visitors. Parking may be a problem, as the County requirements are .6 spaces for each wet or dry slip, and 1 slip per employee. This formula would indicate the need for 354 slips plus those for employees. The proposal, which maximizes available space, allots 140 spaces. This project is proposed for phasing over an 8 -year period. Tere Barrett Morehead City OM"31,2003 CAPE LOOKOUT MARINA Harker's Island, Carteret County PROJECT NARRATIVE September 29, 2003 Summary 1 IA ",! . The proposed development on Harkers Island is an upland wet slip/dry stack marina on a previously developed site on Eastmouth Bay. Previous development of the site included a multiple unit mobile home park with multiple septic tanks. This was later redeveloped as a commercial boat building facility. The 20.47-acre development site consists of 10.6 acres of upland, 2.49 acres of canal and basin, and 7.38 acres of coastal wetlands. - The proposed development includes enlarging the basin and canal; dredging a new channel; constructing 50 wet slips; and, over an 8 to 10 year period, erecting two dry stack buildings with a 540-boat capacity. The facility will market to boats between 25 and 40 feet in length. An Environmental Assessment was submitted on March 26, 2001 and comments were received from the Division of Coastal Management, Division of Marine Fisheries, Shellfish Sanitation Branch, and Division of Water Quality. DEIS comments were received from these agencies and the Division of Environmental Health, On-site Wastewater Section and were responded to on January 25, 2002 and March 12, 2002. State Clearinghouse review was initiated on April 19, 2002 through publication in the State Bulletin. Comments from the Clearinghouse review were responded to and the Final EIS was submitted to Clearinghouse on June 18, 2002. Clearinghouse review of the FEIS was completed August 2, and the Record of Decision was issued on August 22, 2002. An Essential Fish Habitat Assessment has been completed and will be submitted to th Corps of Engineers. Existing Site The proposed development on Harkers Island is an upland wet slip/dry stack marina on a previously developed site. Previous development of the site included a multiple unit mobile home park with multiple septic tanks. This was later redeveloped as a commercial boat building facility. The boat works was mostly open with three large concrete pads. Eroded banks on the basin/canal and drainage ditches from road culverts to the east and west direct stormwater to surface waters. Three concrete pads comprising 1.07 acres are present in the southeast portion of the site. Combined with the house and driveway in the same portion of the tract, the existing impervious cover of the 10.6-acre upland area is 10.1 M. All boat building and support facilities (except the concrete pads) have been removed from the site. The site is 20.47 acres in total with 7.38 acres of coastal wetlands, a canal and basin of 2.49 acres of water and 10.6 acres of upland area. There are an existing residence, two approved septic tank sites, and an existing 75 foot wide, +/- 4 foot deep MLW (4.6' MSL) upland canal connecting to Eastmouth Bay with a wooden bulkheaded "T" basin measuring 150 x105 feet. (Note: NC Geodedic Survey reports that MLW is - 0.59 feet from MSL at Shell Point.) An existing, unauthorized 150-foot "channel" runs northeast from the mouth of the canal and extends for approximately 1,500 as a "kicked channel". It is variable in depth along its length from -2.4 to -3 .9 feet MLW (-3.0' to 4.5' MSL) and is subject to shoaling at the mouth of the existing canal. The "channel" and others in Westmouth Bay have existed at least since 1978, as they are visible on DCM's 1978 aerial photograph of the area. Pronosed Marina Development The preferred alternative is a marina/dry stack and a proposed new channel 40 feet wide, -5 feet NfLW (-5.6' MSL), and 7,100 feet long connecting to -5 feet MLW (-5.6' MSL) in Eastmouth Bay. Aviodance, minimization and mitigation measures have been incorporated in the proposed development. o Impacts to 404 wetlands have been avoided through site design and 2,595 square feet of fringe coastal wetlands along the existing, upland canal will be lost to dredging. v Direct impacts to shellfish beds SAV have been avoided in proposed channel alignment. v The "preferred alternative" described in the Draft EIS was modified to reflect agency comments as described in Alternative 7. The "preferred alternative" was further modified based on additional agency comments on the DEIS and incorporated in the FEIS. o Impervious surface coverage has been reduced from 32.4% to 25%. id The DEIS reduced the number of wet slips from 85 to 75. Based on comments, additional reduction of slips eliminates 25 slips for a proposed total of 50 wet slips. n The DEIS moved the slip footprint back from the mouth of the canal and shellfish areas from 60 to 325 feet. In response to comments, the slip footprint has been moved further back for a distance of 360 feet from the canal mouth. a Closure of shellfish areas has been avoided through the reduction in number of wet slips to 50 and increasing the distance from the canal mouth of 360 feet. A locked head policy will be enforced and be incorporated into the facility's lease agreement. a Notices will be posted and guidelines adopted regarding sea turtle protection and reporting of sightings. ® A Spill Prevention and Response Plan will be in place at the facility. Existing wooden bulkhead material containing CCA (copper-chrome- arsenate) will be removed and replaced with concrete and/or vinyl. No Wake Zones for Eastmouth Bay and entrance channel will be proposed, and a No Wake Policy will be incorporated into the facility's lease agreements. o Of the 132 sample sites, only two at the outer limits showed "sparce" Zostera within the alignment. The outer portion of the proposed channel alignment (eastern end of Harker's Island) has been shifted approximately 100 feet to the northeast providing additional buffer to sampled and mapped SAV in the area. v A Stormwater Management Plan has been approved by the Division of Water Quality (SW8 030826). The project proposes new dredging of the 1,650-foot segment to a consistent depth of -5 feet MLW (- 5.6 MSL) and width of 40 feet. This segment will continue eastward as new dredging for a total distance of 7,100 feet, 5 feet deep and 40 feet wide, and the entire length is referred to as the "proposed channel". Dredged widths at the bottom range from 19.4 to 33.1 feet and 4.1 acres of bottom will be disturbed. A turbidity curtain will be used at the mouth of the canal to protect coastal wetlands and shellfish. The canal will be widened an additional 15-20 feet on the west bank to accommodate 37 wet slips and an additional 30 feet on the east bank (no wet slips). The final canal dimensions will be 118 feet x 860 feet. The basin will also be enlarged to 172 feet x 285 feet and provide 13 wet slips and floating docks for staging, provisioning, fueling and waste pump out. Two, 30-foot wide boat drop zones for dry stack access will be located adjacent to the dry storage facility. The footprint of the basin/canal will be approximately 156,330 sf. The canal and basin will be bulkheaded with concrete and/or vinyl. Of the 21,400 cubic yards of dredged material from the basin and canal, approximately 12,000 cubic yards will be used for building foundations, landscaping and initially for berm construction on the southeast portion of the site to retain material from the channel enlargement. The 19,500 cubic yards from new channel dredging will be hydraulically placed in the upland bermed site (28,221 cubic yard capacity), de-watered and removed by local contractors for residential and commercial landscaping. Based on records of maintenance dredging for the Back Sound to Lookout Bight Channel from the Corps of Engineers, maintenance volumes approach 20% of the original volume on an average of every five years. Though the Navigation Branch has suggested that the percentage and frequency would be lower in Eastmouth Bay, applying the 20% to the proposed new channel volume would indicate a need for disposal of approximately 3,900 cubic yards. An area on the western peninsula has been set aside for future maintenance volumes which has a capacity for 4,532 cubic yards. The diked spoil area would allow for de-watering, and the material would be hauled off-site for landscaping and fill. The proposed Marina will provide dockage for boats in the range of 25 to 40 feet. Dry stack buildings will be constructed to the east of the basin in three phases over an eight to 10 year period. Phase I will provide 50 wet slips, Phase II will add 300 dry stack units, and Phase III will add 240 dry stack units. An area will be available for routine boat maintenance, such as washing and engine care, but no major maintenance will be conducted. A ship's store will be adjacent to the dry stack facility providing offices for the Harbor Master and administrative activities as well as sales of boating and fishing supplies, drinks, groceries and prepackaged foods. Public restrooms and shower facilities for dry stack customers will also be located in the ship's store building. Access and parking will be located to the south between the facility and Bayview Drive and to the west. Water supply, estimated at 2,375 gallons per day, will be from the public system on Harkers Island. Domestic wastewater will be treated in an approved on-site septic tank (capacity of 600 gpd; County Health Department Improvement Permit # R 1628, June 22, 1999) and a second approved septic tank (capacity of 1440 gpd; Improvement Permit # A 6613, November 2, 2000) on an adjacent lot to the south, owned by the applicant. Wastewater from the pump out facility from and other flows above the 2,040 gpd capacity will be handled by an approved "Wastewater Storage and Transfer Facility" (estimated to be less than 500 gpd). A locked head policy will be enforced and be incorporated in the slip leasing document. Spill response procedures will be written into a Spill Prevention and Response Plan, and put in place at the Marina. These procedures will include information such as prevention, materials management, a contingency plan, and response procedures including the steps to take to secure leaks or stop migration of spilled oil; contact phone numbers of agencies, contractors, fire department, etc.; and a list of materials available on site for spil l control and clean up. The proposed stormwater management system for the preferred alternative will includes a combination of the following items allowed for development with 25% or less built upon area. The design will include a 30-foot wide vegetative buffer from the mean high water line, perpendicular from the shoreline. The stormwater management plan utilazes sheet flow over vegetated areas as conveyance of treated stormwater runoff via 3 sand filters. The plan has been approved by the Division of Water Quality (SW8 030826). C .? Yuci+,A? D3/401 GR.0 r) or f Q.t-t.?Inl A(; ??frtn?T 4709 COLLEGE ACRES DRIVE ?,1'•? i% 200 SUITE 2 INCORPORATED WILMINGTON, NORTH CAROLINA 28403 ENVIRONMENTAL CONSULTANTS I I c 0AL ITY SSG 1(; , c TEL 910/392-9253 FAX 9101392-9139 1L czrwilm®aol.com 7 August 2001 Mr. Roger N. Schecter Coastal Management Solutions, LLC 100 Middle Street I u Marina C-14 ??t?41 ?J?(OC?/t? i nl New Bern, NC 28560 T ?60=_S 61 Alb W RE: C--:rvpv for SAV, shellfish, and bottom substrata near Harker's Island. Carteret County. North Carolina. Dear Mr. Schecter: The purpose of this letter is to report the results of a survey for submersed aquatic vegetation (SAV), shellfish, and bottom substrate (i.e. shellfish habitat) along a 7,400-foot alignment proposed for dredging on the northeast side of Harker's Island, Carteret County, North Carolina. Sampling Design: Thirty-two transects oriented perpendicular to a proposed 7,400-foot channel centerline were provided to CZR. Transects were spaced 200 feet apart along the western most 2,000 feet and 250 apart for the remainder of the alignment. Transect #1 represents the western most transect and Transect #32 represents the eastern most transect. Four sites were sampled along each transect. Site #1 along each transect represents the most southern sample and site #4 represents the most northern sample. In relation to the proposed centerline channel, site #1 was located 30 feet south, site #2 was located 10 feet south, site #3 was 10 feet north, and site #4 was located 30 feet north. Sites 2 and 3 are in the proposed channel, while 1 and 4 are outside the channel. Sampling Sites: A total of 128 sites were sampled for bottom substrate, and presence/absence of living shellfish (oysters, clams, scallops) and SAV. Coordinates for sampling sites were provided to CZR via e-mail on 20 July 2001 and depicted on plats (produced by TRC Triangle, 19 July 2001, fiie: gps_transects.owg) received by CZR on 23 July 2001. Methodology: The presence/absence of shellfish and SAV were determined from samples collected using a standard Ponar grab/dredge. Representative SAV was collected to confirm species identification. An analysis of the bottom substrate was conducted using North Carolina Division of Marine Fisheries (DMF) guidance (Attachment A) for strata identification. With additional guidance (information via e-mail on 19 July 2001)from DMF, the analysis of the bottom substrate was conducted using an aluminum pole and the following designations: little or no penetration under force = hard substrate, moderate penetration under force = firm, and penetration with little or no force = soft. These criteria were used to designate low, medium, and high quality shellfish habitat, as identified in the attached table. The presence/absence of shell material also was noted from the Ponar grab sample and is noted in the attached table. 140 INTRACOASTAL POINTE DRIVE • SUITE 301 • JUPITER, FLORIDA 33477-5064 TEL 561/747-7455 • FAX 561/747-7576 • czrjup®aol.com Mr. Roger N. Schecter 7 August 2001 Page two Sampling Dates: Sampling occurred 23 July through 26 July 2001. Sampling conditions: Turbidity did not allow visibility of the bottom substrate. Sampling occurred over a variety of tides throughout the days. Scattered thunderstorms limited field work on 23 and 24 July 2001. Wind was primarily from the south and southwest at 10 to 20mph. Summary: Sampling data are depicted in the attached Table 1 and summarized below. SAV • Eel grass (Zostera marina) was detected at seven (5%) of the 128 sampled sites. Sites with SAV were: (transect # - site #) 3-4, 4-1, 6- -4r, `'r'-2, 27-3, 28'1, snd 3^-1. SAV ccvcrage as ronresonted in these seven Ponar grab samples, was sparse. No other SAV species were found. • Two (3%) sites (27-2 and 27-3) of the 64 sites sampled within the proposed channel contained SAV. Shellfish • No live shellfish were encountered from the sampled sites. Bottom Substrate Of the 128 sites sampled: • - 15.6% were soft substrate with and without shell = low quality, - 82.801'0 were firm substrate with and without shell = medium quality, - 1.5% were hard substrate with and without shell = high quality. • - 68.0% contained no shell fragments - 19.5% contained few (less than 1 %) shell fragments - 12.5% contained shell fragments Of the 64 sites sampled within the proposed channel: • - 19.0% were soft substrate with and without shell = low quality, - 81.0% were firm substrate with and without shell = medium quality, - 0.0% were hard substrate with and without shell = high quality. • - 64.0°,10 contained no shell fragments - 25.0°16 contained few (less than 1 %) shell fragments - 11.0% contained shell fragments Hopefully these data will assist you with this project. If you should have any questions about the attached information, please do not hesitate to call. Sincerely, CZR INCORPORATED Samuel Cooper Office Manager cc: Jim Hudgens/Brian Railo - CZR CP# 1868 enclosure Table 1. Results of sampling near Harker's Island, Carteret County, North Carolina during 23-26 July 2001 Transect/ Site# GPS coordinate' Northing Easting SAV Species present Live Shellfish Species present Shell fragments present° Bottom substrate` 1-1 354248.800005073 2738333.419005160 N N N FIRM W/O SHELL 1-2 354264.607004665 2738321.167006220 N N N FIRM W/O SHELL 1-3 354280.414999060 2738308.914004490 N N N SOFT W/O SHELL 1-4 354296.222002173 2738296.661000920 N N N SOFT W/O SHELL 2-1 354366.827994089 2738491.068995710 N N N SOFT W/O SHELL 2-2 354383.754007156 2738480.414996940 N N N SOFT W/O SHELL 2-3 354400.678999471 2738469.761003880 N N FEW FIRM W/O SHELL 2-4 354417.695001699 2738459.249005670 N N N FIRM W/0 SHELL 3-1 354453.864006287 2738659.329016560 N N N SOFT W/O SHELL 3-2 354473.150004704 2738654.030008470 N N FEW FIRM W/O SHELL 3-3 354492.434985365 2738648.732003240 N N FEW FIRM W/O SHELL 3-4 354511.719999019 2738643.433000740 Y N Y FIRM W/ SHELL 4-1 354519.796011631 2738851.441976770 Y N N SOFT W/O SHELL 4-2 354538.348005415 2738843.972023140 N N N SOFT W/O SHELL 4-3 354556.900985358 2738836.501991220 N N N SOFT W/O SHELL 4-4 354575.454006632 2738829.032029750 N N FEW FIRM W/0 SHELL 5-1 354585.131009080 2739038.617987970 N N N FIRM W/O SHELL 5-2 354604.076989515 2739032.213024740 N N FEW FIRM W/O SHELL 5-3 354623.024006622 2739025.806978030 N N FEW FIRM W/O SHELL 5-4 354641.970002880 2739019.401026890 N N Y FIRM W/ SHELL 6-1 354649.187013107 2739228.082994100 N N N SOFT W/O SHELL 6-2 354668.133992790 2739221.677018240 N N N SOFT W/O SHELL 6-3 354687.079986424 2739215.271011740 N N 1`1 SOFT W/O SHELL 6-4 354706.026992117 2739208.865990490 Y N 1`1 FIRM W/O SHELL 7-1 354669.296990701 2739420.387995490 N N N FIRM W/O SHELL 7-2 354689.667984598 2739418.335945700 N N Y SOFT W/ SHELL 7-3 354709.547996267 2739416.151050610 N N N FIRM W/O SHELL 7-4 354729.428004991 2739413.966032510 N N N SOFT W/O SHELL 8-1 354669.248986841 2739613.932947830 N N 1`1 SOFT W/O SHELL 8-2 354689.183003130 2739615.553035430 N N FEW SOFT W/O SHELL 8-3 354709.117016395 2739617.172994940 N N FEW SOFT W/O SHELL 8-4 354729.052018692 2739618.793052450 N N N FIRM W/O SHELL 9-1 354636.984004902 2739800.086016790 N N N FIRM W/O SHELL 9-2 354655.512004377 2739807.616055540 N N N SOFT W/O SHELL 9-3 354674.039989572 2739815.146962210 N N N SOFT W/O SHELL 9-4 354692.568017681 2739822.677983340 N N N SOFT W/O SHELL 10-1 354561.675015817 2739985.364972830 N N FEW FIRM W/O SHELL 10-2 354580.203014239 2739992.896048360 N N N FIRM W/O SHELL 10-3 354598.731011448 2740000.426988760 N N Y SOFT W/ SHELL 10-4 354617.259013650 2740007.958044550. N N N SOFT W/O SHELL 11-1 354467.538008051 2740216.965036710 N N N FIRM W/O SHELL 11-2 354486.066002207 2740224.494995470 N N FEW FIRM W/O SHELL 11-3 354504.594004171 2740232.025946950 N N N FIRM W/O SHELL 11-4 354523.121992172 2740239.557014290 N N N FIRM W/O SHELL 8/7/01, CP# 1868 Table 1 (continued). Transect/ GPS coordinate' Sitell Northing Easting 12-1 354373.401996658 2740448.564103510 12-2 354391.929998377 2740456.094950670 12-3 354410.458008199 2740463.626038500 12-4 354428.986000965 2740471.157116920 13-1 354279.265001317 2740680.163977180 13-2 354297.793000239 2740687.693958220 13-3 354316.321002240 2740695.224932100 13-4 354334.848996651 2740702.755896350 14-1 354185.129003794 2740911.763104430 14-2 354203.657000809 2740919.293974120 14-3 354222.185002381 2740926.825084560 14-4 354240.712998440 2740934.355934630 15-1 354090.992003323 2741143.363039070 15-2 354109.519997537 2741150.893042630 15-3 354128.047999574 2741158.424038920 15-4 354146.576003506 2741165.955025350 16-1 353996.856003870 2741374.961976510 16-2 354015.384011896 2741382.493119030 16-3 354033.911996626 2741390.024001620 16-4 354052.440008439 2741397.555124400 17-1 353902.719006465 2741606.560969200 17-2 353921.247016140 2741614.091997550 17-3 353939.775008752 2741621.623016500 17-4 353958.303003253 2741629.154025580 18-1 353808.582998229 2741838.160970500 18-2 353827.110990599 2741845.691885150 18-3 353845.638991089 2741853.223040470 18-4 353864.166987242 2741860.753935380 19-1 353714.445995530 2742069.760024240 19-2 353732.974014735 2742077.291074790 19-3 353751.501997923 2742084.822116410 19-4 353770.030014682 2742092.352896690 20-1 353620.309981976 2742301.360086610 20-2 353638.837983879 2742308.891023470 20-3 353657.365987676 2742316.421950450 20-4 353675.893999590 2742323.953118100 21-1 353526.172973905 2742532.959201460 21-2 353544.700996417 2742540.490023680 21-3 353563.229020816 2742548.020836030 21-4 353581.756983751 2742555.552141470 22-1 353432.036980399 2742764.558822930 22-2 353450.564998080 2742772.090032530 22-3 353469.093017650 2742779.621232270 22-4 353487.621026631. 2742787.151921060 23-1 353337.900990644 2742996.157973430 23-2 353356.428005162 2743003.689093900 SAV Species present Live Shellfish Species present Shell fragments presents Bottom substrate` N N N FIRM W/O SHELL N N° N FIRM W/0 SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL tJ N N FIRM W/O SHELL N N FEW FIRM W/O SHELL N N° N FIRM W10 SHELL N N N FIRM W/O SHELL N N FEW FIRM W/0 SHELL N N N FIRM W/O SHELL N PJ N FIRM W/O SHELL N N FEW FIRM W/O SHELL N N N FIRM W/0 SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N° N FIRM W/0 SHELL N N N FIRM W/O SHELL N N N FIRM W/0 SHELL N N N FIRM W/O SHELL N N N FIRM W/0 SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/0 SHELL PJ N N FIRM WIO SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N FIRM W/O SHELL N N N HARD W/O SHELL N N N FIRM WIO SHELL N N FEW FIRM W/0 SHELL N N Y FIRM W/ SHELL N N N FIRM WIO SHELL N N Y FIRM W/ SHELL N N Y FIRM W/ SHELL N N Y FIRM W/ SHELL N N Y FIRM W/ SHELL N N Y FIRM W/ SHELL N N Y FIRM W/ SHELL 8/7/01, CP# 1868 fable 1 (concluded). Transect/ GPS coordinates SAV Species Live Shellfish Shell fragments Sitef/ Northing Easting present Species present present° Bottom substrate` 23-3 353374.956007434 274301 1.220179950 N N Y FIRM W/ SHELL 23-4 353393.483999108 2743018.750755060 N N FEW FIRM W/O SHELL 24-1 353243.763980375 2743227.758182640 N N N FIRM W/O SHELL 24-2 353262.292039272 2743235.289162990 N N N FIRM W/O SHELL 24-3 353280.820024233 2743242.820135350 N N N FIRM W/O SHELL 24-4 353299.348011084 2743250.351097850 N N N FIRM W/O SHELL 25-1 353149.628010524 2743459.356892300 N N fd FIRM W/O SHELL 25-2 353168.154990433 2743466.887785430 N N N FIRM W/O SHELL 25-3 353186.682970576 2743474.419145190 N N N FIRM W/O SHELL 25-4 353205.211015948 2743481.949992120 N N N FIRM W/O SHELL 26-1 352982.270069346 2743601.366250450 N N N FIRM W/O SHELL 26-2 352992.403033267 2743618-609238100 N N N FIRM W/O SHELL 26-3 353002.537068838 2743635.852187650 N N N FIRM W/O SHELL 26-4 353012.670052691 2743653.095152050 N N N FIRM W/O SHELL 27-1 352767.746973231 2743729.755926890 N N N FIRM W/O SHELL 27-2 352777.880011434 2743746.999000300 Y N N FIRM W/O SHELL 27-3 352788.013034621 2743764.241059920 Y N N FIRM W/O SHELL 27-4 352798.147002767 2743781.484087400 N N° FEW FIRM W/O SHELL 28-1 352552.210999332 2743856.420764530 N N FEW FIRM W/O SHELL 28-2 352562.343959155 2743873.663928650 N N N FIRM W/O SHELL 28-3 352572.477055621 2743890.906075200 N N N FIRM W/O SHELL 28-4 352582.610035373 2743908.149216080 Y N Y FIRM W/ SHELL 29-1 352336.674007529 2743983.085900670 N N FEW FIRM W/O SHELL 29-2 352346.807040635 2744000.329151730 N N FEW FIRM W/O SHELL 29-3 352356.940071214 2744017.571890070 N N N FIRM W/O SHELL 29-4 352367.074009268 2744034.814093000 N N N FIRM W/O SHELL 30-1 352121.137956975 2744109.750785020 Y N N HARD W/O SHELL 30-2 352131.271063374 2744126.994123010 N N N FIRM W/O SHELL 30-3 352141.404015567 2744144.236952060 N N FEW FIRM W/O SHELL 30-4 352151.536977729 2744161.479769500 N N Y FIRM W/ SHELL 31-1 351905.601040110 2744236.415964030 N N FEW FIRM W/O SHELL 31-2 351915.734055634 2744253.658891640 N N Y FIRM W/ SHELL ' 31-3 351925.867991131 2744270.901784920 N N N FIRM W/O SHELL 31-4 351936.001039078 2744288.145190380 N N FEW FIRM W/O SHELL 32-1 351690.065064441 2744363.080891170 N N FEW FIRM W/O SHELL 32-2 351700.197849906 2744380.323913270 N N FEW FIRM W/O SHELL 32-3 351710.330948681 2744397.566916190 N N° FEW FIRM W/O SHELL 32-4 351720.464057412 2744414.809907490 N N Y FIRM W1 SHELL NC State Plane coordinates, NAD 83, feet ° As observed from Ponar grab sample Few = < 1 % of sample contained shell fragments As determined by penetration of aluminum pole pen soft w/o shell or soft w/shell = low quality for shellfish firm w/o shell or firm w/shell = moderate quality for shellfish hard w/o shell or hard w/shell = high quality for shellfish ° Littorina (mud snail) present 8/7/01, CPN 1868 b"'CTLNO' S/401 GROU1 d f„ .. v 2004 September 27, 2002 N. C. Department of Environmental and Natural Resources N. C. Coastal Management Division 151 B Highway 24 Hestron Plaza II 8 _ ,? J { Morehead City, N. C. 28557 Attention: Ms Tere Barrett Subject: Cape Lookout Marina, Inc. Project 401 Bayview Drive Harker's Island, N. C. We have received a request from Cape Lookout Marina Inc. by Edward F. Richards, to comment about his project. We are adjacent property owners. We object to the proposal due to the impact the project will have on our property and the environment. Our property value will be greatly reduced due to the large size of both the wet marina and dry stack facility. Negative environmental issues of great concern are noise, storm water, boat pollution, dredging, trash, lighting, septic tank problems and the destruction of wetlands. The costs to the environment will be great, as this project will obviously have a negative impact on shellfish, fish and other water resources. Again, we are totally opposed to the project based on the negative impact on the surrounding environment and our property. Sincerely, a h", ? ? • V ,U/, Claudia B. Evans D. Eu Tene O. Evans Jr. :i i 1Ot Cape Lookout Marina, Inc. 1136 Manor View Court Lynchburg., VA 24503 Mr. Eu-ene Evans 5501 Surrey Downs Court Wilmington, N.C. 28403 Home: +1 910-791-9236 September 18, 2002 Dear Gene : As previously discussed, this letter provides notice to you of my proposal to construct a marina and dry stack facility at 401 Bayview Drive, Harker's Island in Carteret County. The project, Cape Lookout Marina is subject to review for a CAMA Major Development Permit. A copy of the application, project narrative and plat is enclosed for your information. As an adjacent riparian property owner, I am requesting that you provide me with comments on this proposed work or indicate that you have no objections. Please respond as provided below and return a copy of this letter to me. Thank you, and please let me know if you have any questions. My day time telephone number is 434-385- 2331. Sincerely, 4;01? k22?7 Cape Lookout Marina, Inc. By: Edward F. Richards, CPA 1 have no objections to the proposed work. See my comments attached. v• Signature 1 L7 DZ Date 1 '•:? 1 ail ` ?y ,??'~- .v I a /7 /t 1"?•^'t,? p- - ?- - T 47 Tl lil C7 t"1 t7?'': i?• ;1 -l r i 3 "+ Y L 1? d ?'1 t tl fl7 (A Gl ? \ ,,3 r l 5 ? - 1 n U oil ?G \ 1 ? ? w C 7 -'1? 1?? i?. ' i. `?' > f 1 ? ? . ? ? •?U . >r ?t T W tf, u, V! lJ, riti `ttl 'h ',t ?, t VV .?r? Qri?? {, ti , ar.L j{{ I 7 ` 1 O -r? OCD < y, ,n p ; ,? ! • VCD {r Il c" `? i ?? X4737:_ :T t?', ki! Q 11 t It 3 u. n a z {>. « ?. c>. ?. ci 3 t,e :It y.? rninrn 1 117 .? ? m- j ?,:' ? ?, ! f ?',. t ,..j'v •+< i" s ? y.n a a ? a ? 7??? i s . Z Cn ?1J lir{ aj7 ? ' 1 ? ? ' = - t r i t ?L n) J 77 -n Fr is t71 i ? 1 Ir7 r 1F? ? ? It ?tJ ,? , 1w IJ h a-r } 1 v-? ' 1 aJ %? ? ' x I ? t ? i r ? 3t I /.. t ? ? .tP ? ?+ •-t t i ., * CI 99 11 t ? '?? r M.\7'n/ An\r......\t?AAAA\n AAAA rl/-2 11111/ 1n 1n1 Innn'f nn nI I n Aw.l ?) t eel iw O v . d disc& t.? S N .y ? t l ro cM?y>) 7 i? !:r.l 11 r` . n? •y n C / +? VI Ill o ! Ai MO) K }i i Alm a bw P:\29408\DWG\CAMA\CAMA_FIGI-2.DWG, 10/24/2003 08:58:58 m 0 ml ° M n N D r m o Z 0 fI V M y y"`.ti ; w f m n , T M?. O M P:\29408 y D 2n DD ?rn ?O cn O 55 0 r- > Z ? vD zm 02 5 n? Dr 2 \CAMA\CAMA_FIGI-2.DWG, 10/24/2003 09:07:20 AM c1 m PM S-4 C- a PU is HU i ~ , I f I ! I / / ~ / ~ / l 1 1 ~ l i / / / / / f!~/ / , , ~ / I II NOTES / / ~ ' l r l 1 / / i / I , ALL MATERIALS AND METHODS OF CONSTRUCTION SHALL / / 1 f ~ ~ I ~ / i / ~I it =Otih~D a I / / / ~ i - I I I F-N-M! ~ _I / ~ II I Q CONFORM TO THE CITY OF RALEI H / / ~ I l a 1 G STANDARDS AND I SPECIFI / / ~ / 1 / CATIONS. / _ ~ / 1 i - ~ - - ~ / -r-` u o ao - 2. BOUhJDARY IhJFOR A ~ i ' / / ~ I 1 M TIOhJ PROVIDED BY ELIPJGBURG LA+JD / ~ / _ ~ SURVEY COMPANY / / / ~ ` \ / 1 / / 3. TOPOGRAPHIC INFORMATION TAKEN FROM WAKE C / \ ~ OUNTY / I 1 GIS DIGITAL FILES. 1 _ -5,-_--0~',/ / ~ ~ __/fir-- L•'~ ~ ` /i ~~~/ice/~~ ~ / ~ ~ i~ ~ \ ~ 4. CONTRACTOR SHALL HAVE NORTH CAROLINA ONE CALL ~ = - v 1 + / i (i -800-632-4949) LOCATE ALL EXISTING UTILITIES PRIOR TO , ~ " % i ~ ~ ~ ( / ~ ~ ~ I ~ \ ~ ~ I I i ~ ~ THE BEGINNING OF CONSTRUCTION. V. , ~ ~ 1 / ~ I l 1 l ~ ~ ~ 5. TOTAL DISTURBED AREA FOR RIVERBROOKE II IS 28.8 AC. I I ~ , 1 I ~ , ,I 6. EROSION CONTROL MEASURES SHALL BE INSTALLED Ild BEST , I I 1 ~ I I LOCATION BASED ON FIELD CONDITIONS. ( 1 I I ~ ,,1 I \ 1 , 7. CONTRACTOR IS RESPONSIBLE FOR INSTALLATION AND I ~ - 1 .+1 ~ - - Y 1 1 I ` \ - MAINTENANCE OF EROSION CONTROL DEVICES. ? I~ \ ~ ~ r \ I 9 9~ I / i ~ fi \ ~ \ \ { \ I\ I 8. A FLOOD STUDY TO DETERMINE THE ELEVATION OF THE ~ I I \ \ ~ v I / I \ \ \ \ ~ T ~ -r ~ ~ • t \ I ~ \ \ FLOODPLAlN HAS BEEN SUBMITTED TO THE CITY AND IS 1 1 I I \ _ \ CURRENTLY UNDER REVIEW. ~ 1 ~ I \ ~ I ~ / i II 9. ANY STRUCTURE BUILT INSIDE THE 100-YR FLOODPLAIN \ ~ 1 ~-I _I ~ / li. \ ~ \ v I / ~ I/ SHALL HAVE A F.F.E. AT LEAST TWO 2 FEET ~ ~ ~ ~ ~ ~ I v I11 ABOVE THE ~ I F ~ I\ LOODPLAIPJ ELEVATION OPJ THAT LOT. \ I I ~ W Z ~ 2 tA~ 5 10. EXISTING NEUSE RIVER B \ ~ ~ UPPERS AND WETLANDS SHALL NOT I r~ ~ \ BE DISTURBED EXCEPT AS ALLOWED BY THE PERMITS ISSUED ~ I - sm / T~ ~ ~ u I ~ a ffnn BY THE DEP \ ~ \ ARTMENT OF ENVIRONMENT AND NATURAL ~ ~ \ \ e+o~ ~ \ i ,-'~I RESOURCES AND THE US ARMY CORPS OF ENGINEERS. ~ \ `+i , I I Ta~~- e ~ ~ ~ ~ W W I. THI \ ~ I 5 SITE SHALL NOT BE REQUIRED TO PROVIDE ~ \ ~ _ ~ ~ I~ ~ ~ I 1~° I ~1e i I y~~ , 0 I ~,"eta i a Z STORMWATER MANAGEMENT TO REDUCE THE POST \ \ t ` _ - - ~ \ ~ I ~ I ~ F. ~°;T" - _ _ _ ~~r ~ ~ ~ DEVELOPMENT FLOW TO PRE-DEVE P ~ \ \ LO MENT CONDITIONS ~ ) I ~ ~ W DUE TO ITS CLOSE PROXIMITY TO THE 100-Y"R FLO DP ~ 1 ~ ~ I 0 LAIN. 1 gtR~ ~ I I ~ m / ~ Z \ ~ ~ ~ . I ~ \ A ~ ~ c I ~ _ 1 - f / / \ 39 ~ Z ' \ ~ JJ--_ N ~i W ,y B ? 1 ~ F 'p ~ I .~i ~ , / 37 ~ ~ ~ i / ~ ~ 36 r, ~ C W t E ~V ~ ~ ~a~ ~ R' r~.t, ~ / ~ ti-- ~ ~ -cam ~ r~ e~ ~ - ~ ~ ` ~ I I ~ E\ ~ ~ 1 33 ~ , MOD c ~ / 0. 1 o k 1 - E I ~ / enu, ~ ~ ~ I \ , - 6?' ~ % re I ~s . I ~ i W ~ , i a ~ ~ ~ ~ 1~ / ~ I , E 't, 1 l .o I . , t, \ r~~, / b ~ I E / z I~ ~ ~ / \ q ~ / I, j~ ~ n~ /qC ~ ~ 2 E ~ ~ / / xCSa_9s :.sG J E ` \ , ~ I ~ ~ .L~/ / j, C ~ ~ I -r~-- / / V ~ ~ E E I I ~ q:+ ~ ~ e. e E E E \ I ~ ~ _ _ ~ r~ ~ / ~ ~ ~ ~ E ` E E ~ ~ _-----t-- ~ \ ~ ~ E ~ E \ E \ qq _ \ I ~ 5' 3 \ \ \ \ / \ ~ ~e~i ~ 4e _ \ \ ~ - ~ \ - E E \ e q= ~ ~ - l r m,. c~-3,.v.~r.vw~ ~ ~ ~ ~ \ Gl~ ~ 1- ~ ~ ~ ~ ~:~a~,_, ~ E q~ r,.~.~io V ~ ~/!fir ~~t ~ ~ ~ c ~ ~ _,r~~i,. ~ ~ STORM DRAINAGE TABLE E E E ` E ~ ~ t 48 ~ ~ F 59 \ ~ ~ ~ ~ 4~ ` - ~ ~ ~ I -,1 Ir- ~1t1, ~ PIPE ` INTENSITY INLET DP.. TOTAL DP.. Q I 0 E ~ E E E E A ac C cfs Inches SLOPE INLET # In/hr AREA ac ARE E E E E _e,: ~ >~c,x, E revs„ , ` 7~ I , 1 ~ ,.~.>x:, , ~ ~ I ~ / I I \ 1 ~ I 7.2 0.7 0.7 0.50 2.5 15 I.0 E E ~ ~ ~ , s, ~ ~ E 2 7.2 0.4 0.4 0.50 1.4 15 I.Q E ~ E \ E / ~ ~ ` ~ A~ ~s 3 7.2 0,2 1.3 0.50 4.7 15 0,9 E ~ / ~ R><verbr W u~ ~ ooke II C 0.7 0,50 2.5 15 I.0 E E , E \ E ~ ~ ~ r 1. / I G 5 7.2 0.4 2.4 0.50 8.6 18 I.0 - E x~~, , . ~ / ~ ~ / ~ ~rr 6<, ~ I ~ II I LL. ~ ` ~ ^ . 6, I / / Tots! Site Area = 46.31 Ac. Q W 0.4 0.50 1.4 15 I.0 E ~ ~ ~ / ~ 6 ~ .2 0.4 1 / _ 0.6 E E E E V - ~ ~K~~: r n 7 7.2 Q.5 0.9 0.50 3.2 5 ~ ti ~ ry I W 8 7.2 0.2 3.5 0.50 12.6 24 0.9 ~ / ~ 14.0 24 0.5 ~ / / _ ~ / / Q 9 7.2 0.4 3.9 0.50 E E E E e3 i 0.6 0.50 2.2 i5 I.0 ` ~ c~ / ~ ~ l W z _ a, I Im ernous Surface Calculatio ~ ~ I ~ t ~ 10 7.2 0.6 E E E ,1 ~ / / ~i i ~ I ~ (I I " I ~ 7.2 0.2 0.8 0.50 2.9 15 0.7 . \ \ ~ ~ 89 II ~ 1 I ~ ~ / , / \ Streets Asphalt Surface 16 755 S _ 12 7.2 0.2 I.0 0.50 3.6 15 0.9 E , E I 9a / 8E, I 1 I ~ I / ~ I _ ( ~ ~ 150 795 SF I3 7.2 0.4 1.4 0.50 5.0 I5 I.0 E E \ e ny ~ ~ ~ I 7.2 0.3 1.7 0.50 6.1 15 I.0 , 1 ~ , ~ 14 E E io3 I \ - - Curb 10 ' Z / t ( 085 LF x 2.5 FI') _ ~ ~ ~==~==m= 25,213 SF ~ 15 7.2 0.2 1.9 0.50 6.8 15 I.0 ~ E \ ~ \ ~ i ,l Sidewalk 4 080 LF ~k=~ 0,400 SF 0.5 0.50 1.8 15 0.5 E E E 1 16 7.2 0.5 ~ W ~ \ \ ~ Lots Homes (124 Lots x 1444 SF/L = W 2.2 15 2.8 ~ ~ ~ \ 17 7.2 0.6 0.6 0.50 E E ,o~ ~ \ \ , ~ ot) 179,056 SF I-- \ ~ , ~ 4 Driveways (124 Lots x 10' wide - _ 0.9 1.5 0.50 5.4 I5 2.4 E , \ 18 7,2 \ „n I ~ x 25 long) - 31,000 SF E- ~ Sidewalk (124 Lots x 5 wrde x 30' lon = 6.9 i5 I.I E E - \ 0,50 ~ I .o- ~ 19 7.2 0.4 1.9 0.40 46.8 36 I.I \ 0.4 17.2 E ~5 20 7.2 E E i o5 1 1 1 ~ 9~ 9r ~ i ~ ~ J i 7.2 0.4 17.6 0.40 47.9 36 I.0 E , E 21 1 ~ 1 1 ~ 1 / \ I r Y 1 I \ ~ / ~ e ` Total Area - 425 064 0.5 0.50 1.7 15 0.5 ~ ~ 22 7.2 0.5 \ ~ 1 _ ~ SF Q l ~ \ - 'ous S - z ~ I ImPerv~ urface - 9.75 Ac. 23 7.2 0.9 0.9 0.50 3.2 15 I.0 E E ~ E \ ~ ~ io, \ \ ~ , z> 1 % ~ 'ous SurfaC = o - F 15 I.0 E E , E 1 24 7,2 0.9 1.8 0.50 _.5 STREf<T A P~ e 21.1 /0 1~ ~ ~ I L1 4. I E E ~ o.- / 25 7.2 0.3 0.3 0.50 I.I 15 ~ 1 E E E ~ ~ v ~ - l 7.2 0.2 0.5 0.50 1.8 15 I.0 1 a ; / 26 E E E E E ~ ~ , <n v 7.2 0. I 2.4 0.50 8.7 15 2.2 I ~ ~ ~ , , 5 2~ E E E ~ I \ 1 ~ ~ s is is ~ ii9 ~ .8 3.2 0.50 11.5 18 i.l ~ i io i~ ~ 28 7.2 0 E E E ~ _ i ~ 29 7.2 I.0 I.0 0.50 3.6 15 I.0 E E ~ E E E I ~ ~ ~ y,. \ \ _ 1.2 0.50 4.3 15 1.5 ~ 1 30 7.2 0.2 E E E \ ` J 7.2 0. I 1.3 0.50 4.7 i 5 2.8 E ' < 31 ~ 1 ~ ~ J ~ v 11 111 I I \ I S I I ~ ~ Q 1.4 0.50 5. I 15 1.8 E E E ~ - I 1 ~6 to '~i ~ 32 7.2 0.1 ~ ~ , ~ ~ a nl~ ,11 01 \ I ~ 1 I 1 I I ~ Y i~ B MI~ I 1 1 I\ I I I ~ J\ ~ 7.2 0.7 2. I 0.50 7.6 18 0.6 ~ \ \ , I+~ -m 33 ~ 1 1 I m ~ 1 ~ 1 I ~ .3 18 0.6 1 1 ~n a, 34 7.2 0.2 2.3 0.50 8 ~ 1 / II al \ I8 0.7 ~ 1 ~ \ / III w ,I \ , I ti I .r J ti ~ 35 7.2 0.2 2.5 0.50 9,0 1 1 , wl l ~ l l l / I I \ J ~:~N~::~~:~ 36 7.2 0.~ ~.8 0.50 10.1 18 0.9 1 ~ ~ \ / ~ I.. 10.8 24 0.5 ~ 11 ~ ~ ~ h 1.. 1 ..---L.. -L ~~r-I---I--- I 1 ~ ~ h ~ I - 100 JTW 37 7.2 0.2 3.0 0.50 ( ~ ~ ti ~ ~ 1 1 / ~ ~'I' ~ \ ~ fi, \ 1 RI ROOKS DRIVE i ~ ~ \ ~ ~ ~ ~ ~ ~ / Y , 1 i I I / - ~ i DECEMBER, 10, 2003 NOTE: ALL INLETS Sf• .INLETS Sf1ALL HAVE INLET PROTECTION F ?TECTION PER CITY OF RALEI~i1 STANDARD`, iTANDARDS c 5o ioo zco GRAPHIC SCALE J I: :T 0336 _