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HomeMy WebLinkAbout20080010 Ver 2_CAMA Application_20090203I oS-oo??V? 0 a ALT, 011 ? WA A, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary January 30, 2009 MEMORANDUM TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: REAL WATERSPORTS, INC., Trip Forman, Gregory Waller Project Location: 25706 NC 12 and 26176 W. Vista Drive, Waves, Dare County TZ av 2 5 f EB 3 2009 DENa WAMR OUPLITY R BRAND' , ?DSAND smR Proposed Project: 2 PWC slips and site kiteboarding ramps in the Pamlico Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/20/09 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: REAL Watersports, Inc. 2. LOCATION OF PROJECT SITES: 25706 Hwy 12 and 26176 W. Vista Dr., Waves, Dare County, within the properties riparian corridors on the Pamlico Sound. Photo Index - 25706 Hwy 12 26176 W. Vista Dr 2006: 174-7847 (R 18,19) (S,T 13) 2000: 174-2053 (G,H 6) (E,F 12) 1995: 174-1799 (E,F 16) (C-E 22) 1989: 5 203-5 (17) (F,G 13) 1984: 143-403 (1,J 18) 143-402 (H,15) 1978: 89-1332 (M 16) (K,L 22) State Plane Coordinates - X: 3049567 Y:679602 Rover File: El 11013A Quadrangle: Rodanthe, NC (U.R.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 10, 2008 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - January 26, 2009 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Waters and Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic (F) Type of Structures (G) Planned - N/A Existing - Retail store, office, restaurant, asphalt parking lot, bulkheaded man-made boat basin, concrete boatramp, wooden dock along bulkhead, 10 personal watercraft (pwc) floating slips, and condominiums under construction. Planned - Additional two floating pwc slips and six kite board ramps/sliders. Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] nRFnr,Fn Fii i Fn niq-n IRRFn cunnZn (A) Shallow Bottom PTA, EW AEC's None None 36 SF 2,058 SF (B) Uplands None None None None ku) i oiai Hrea uisturoea: 2,Uy4 51 REAL Watersports, Inc. Field Investigation Report Page 2 (E) Primary Nursery Area: No (F) Water Classification: SA Shellfishing Open: Yes 8. PROJECT SUMMARY: The applicant proposes to place kite board ramps in the Pamlico Sound. Project Setting The sites of the proposed development will be within the riparian corridor of two separate tracts on the Pamlico Sound. The main applicant's site is a 3.48 acre tract located at 25706 NC 12 in Waves, Dare County. The lot is bordered by NC 12 on the west side, a lot containing a single family residence and small business to the north, a lot containing a single family residence to the south, and the Pamlico Sound to the west. The upland portion of this property contains a retail store, office, restaurant, septic system, asphalt parking lot, and condominiums under construction. Vegetation within the upland area consists mainly of maintained yard grasses. Based on available information, there appears to be no archaeological sites on this property or nearby. The shoreline of the property is approximately 935' long with a man-made basin that has been stabilized with approximately 700' of bulkhead. Within the basin, a dock runs along the southern bulkhead for approximately 150', a concrete boat ramp is located at the southeast corner of the basin, and a 50' x 17.5' floating 10 slip pwc platform is located at the northeast corner. At the mouth of the basin, a 110' breakwater extends from the southern bulkheaded shoreline westward into the Pamlico Sound and then "U"s to the south for approximately 30'. Along the shoreline south of the basin, coastal wetlands are present and vegetated with Black Needle Rush (Juncus roemerianus), Salt Meadow Grass (Spartina patens) and Salt Grass (Distichlis spicata). The co-applicant's site is a 1.4 acre tract located at 26176 West Vista Drive in Waves, Dare County. The riparian corridor of this tract is located approximately 1,500' to the south of the primary site. This lot contains a single-family residence set back approximately 575' from NWL on high ground that is vegetated with yard grasses. The shoreline along this tract is fragmented into three separate sections due to a peninsula that crosses the riparian corridor from the south. The total fragmented shoreline length is approximately 214' and has no stabilization structures. Coastal wetlands are present along the shoreline and are vegetated with Black Needle Rush (Juncus roemerianus), Salt Meadow Grass (Spartina patens) and Salt Grass (Distichlis spicata). The waters of the Pamlico Sound adjacent to the applicant's properties are very shallow. Water depths range from -2 ft near shore to -3 ft approximately 450' beyond NWL at the applicants site and -2 ft near shore to -4 ft at the co-applicants site. An SAV survey was conducted on the sites in May of 2008 and identified zones of varying SAV density that ranged from sparse with isolated patches to coverage of 50-90%. SAV species identified included eelgrass (Zostera marina) and widgeon grass (Ruppia maritime). The Division of Environmental Management classifies the waters of this area of the Pamlico Sound as SA and it is open to shellfishing. REAL Watersports, Inc. Field Investigation Report Page 3 Development Proposal The applicants propose to add a 17.5' by 10' drive on platform that will provide two additional pwc slips to the existing 10 slips within the man-made basin. The proposed two- slip platform will require the installation of one 10-inch diameter piling to hold it in place. Additionally, the applicant has indicated an alternate location for both the existing and proposed pwc slips within the man-made basin and requests the ability to move the slips between the areas as needed. The existing pwc slips are currently located along the northern wall of the basin and the alternate location would be along the southern wall. The applicants propose to place the following structures in the shallow waters of the Pamlico Sound at 13 alternate locations as depicted on the site plan: • A 54' by 8' stationary kite board slider, • A 40' by 3' floating kite board ramp, • A 36' by 3.3' floating kite board ramp, • A 8' by 4' floating kite board ramp, • A 60' by 14' floating kite board ramp, • A yet to be constructed floating kite board ramp that will have a similar to or smaller area than the 60' by 14' floating kite board ramp. Patrons of the water sports facility will utilize the structures to perform jumps, tricks, and stunts similar to the way skate boarders utilize these same types of structures to perform tricks and stunts on land. The structures will be placed within the riparian corridor of both the applicant and co- applicant's properties and will be placed at least 15-feet from the riparian lines where SAV's are sparse. The maximum distance the ramps will be located waterward from NWL will be approximately 360' on the main applicant's property and 440' from the peninsula on the co- applicants property. There are 7 sites proposed within the main applicant's riparian corridor and 6 proposed within the co-applicants corridor. The 54' by 8' stationary kite board slider will be transported to its location in sections by pwc where it will be assembled and will rest on unvegetated bottom. The floating structures will be towed by pwc to the proposed locations and anchored. They will remain in place for no more than ten consecutive days and there will be no more than six structures in the sound at a given time. All the ramps are to be equipped with marine grade reflective tape to avoid navigational issues with boats at night. During times of non-use, the structures will be stored within the man-made basin or on land outside of the 30' buffer. The applicants propose no upland development, only the in-water structures listed above. Anticipated Impacts It is anticipated that the proposed project will cause the following impacts. • The proposed structures will shade 2,058 sf of Estuarine Waters and Public Trust Area AECs located in the shallow waters of the Pamlico Sound. REAL Watersports, Inc. Field Investigation Report Page 4 • The proposed structures will disturb 36 sf of shallow bottom of Estuarine Waters and Public Trust Area AECs located in the shallow waters of the Pamlico Sound. Submitted by: Ron Renaldi Date: January 27, 2009 PROJECT NARRATIVE REAL Watersports, Inc. REAL Kiteboarding Park Waves, Dare County, North Carolina JAN 2 6 0? November 17, 2008 updated December 5, 2008 The REAL Kiteboarding Park, owned by REAL Watersports, Inc. (REAL), is located in the community of Waves, Dare County North Carolina. The REAL facility is located on a 3.48 acre property (two separate parcels) that contains extensive upland development in addition to a man-made boat basin that includes bulkheading, docks, ramp, and floating pwc slips, permitted under CAMA Major #17-04 (including subsequent modifications). The upland development includes a retail/office/training/restaurant multi-level structure as well as a separate condominium structure. There is an existing on-site wastewater treatment system and required parking, all meeting state and local regulations. The purpose of this CAMA Major Permit request is for the siting of temporary kiteboarding slides/ramps in Pamlico Sound, and for the addition of two floating personal watercraft (pwc) slips in the man-made boat basin. In the past, there have been at least four CAMA General Permits (GP's) issued for use of the kiteboarding structures in the sound. As an effort to obtain long-term approval for the use of these structures, a CAMA Major Permit is currently being applied for. All but one of the structures are floating and will be anchored much like a boat for kiteboarding competitions and training. One of the slides rests on the bottom with 2" x 6" supports. The slides will only be placed in front of the Real Kiteboarding Property and the Waller Property (+/- 1,500 ft to the south) in the Pamlico Sound. The floating structures will not remain in place for more than ten consecutive days, and there will be no more than 6 structures in the sound at a given time. The existing slides and ramps are depicted in Figures A-E. If a new (sixth) slide is built in the future, it will be of similar or lesser size than Figure E. Figure A is the only structure that rests on the bottom. This structure is transported in sections and floated by a pwc to its placement location. This structure is not dragged on the bottom and SAV areas are avoided with its placement. The floating structures are more commonly used. These structures will also avoid SAV beds and multiple anchors hold the structures in place. The structures do not rest on the bottom. They are towed in place with a pwc. During times of non-use of the slides and ramps, they will be stored within the man-made basin. On occasion they will be stored on land, outside the 30 ft buffer. There are currently ten floating pwc slips in the man-made basin. This permit request includes the addition of two more floating slips as depicted on the site plan and on Figure F. The applicant would also like to permit an alternative pwc slip location in the man-made basin as depicted on the site plan. The pwc floating slips come pre-manufactured and are easily moved/ transported. The floating structures will remain in the man-made basin and will not be used in the open sound waters. The pwc's are support vessels used for training and kiteboarding park setup purposes and they will not be used as rentals whatsoever. This permit requests includes the placement of the slides/ramps in the riparian waters in front of a property owned by Gregory Waller, located approximately 1,500 ft to the south of the REAL Watersports, Inc. facility. This will also be a part of the REAL Watersports, Inc Kiteboarding Park. Mr. Waller is included as co-applicant and has provided an authorization letter (see enclosed). In total, the enclosed site plan accurately indicates 13 different slide/ramp siting locations. The adjacent riparian owners to both of the parcels: REAL Watersports, Inc. (Stanford Holdings ) and Gregory Waller have been notified. Adjacent Riparian Owners Notified: 1. Joseph and Kellie Kiely, 4 Highland Place, Asheville, NC 28804 2. Asa H. Gray, P.O. Box 619, Rodanthe, NC 27968 3. ANESOR Enterprises, Inc., P.O. Box 1017, Lanham, MD 20703 4. HADCO Development, LLC, P.O. Box 3492, Kill Devil Hills, NC 27948 IVA NP-1 R, ". ni? APPLICATION for FE9 9 2009 6" ," Major Development PerkFsA> a?'?'ry Y (last revised 12/27/06) 0 8 - o North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ landowner Information Business Name Project Name (if applicable) Real Watersports, Inc REAL Kiteboarding Park Applicant 1: First Name MI Last Name Trip Forman Applicant 2: First Name MI Last Name Gregory Waller If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State P.O. Box 476 Waves NC ZIP Country Phone No. FAX No. 27982 USA 252 - 305 - 6596 ext. - Street Address (if different from above) City State ZIP 25706 NC 12 Waves NC 27982- Email 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 330 0 ext. 240 ext. FAX No. Contractor # 252 261 1260 Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shore s NC 27949- Email brubino@quible.com <Form continues on back> 252-506-2808 -. 1-888-4RCOAST .. wwvv.nccaastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location 17 14,1 County (can be multiple) Street Address State Rd. # Dare 25706 NC 12 NC 12 Subdivision Name City State Zip None Waves NC 27982- Phone No. Lot No. (s) (if many, attach additional page with list) ext. Lot 1, Lot 2, , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural NManmade ?Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed NYes ?No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 935 ft (includes shore around basin) 3.48 ac (151,589 sq.ft.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Lot 1: 122,404 sq.ft, Lot 2: 29,185 sq.ft., NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5 ft ?NHW or ®NWL e. Vegetation on tract majority of the vegetated area is mowed/maintained yard (bermuda-type grass); Juncus roemerianus, Spartina patens, distichlis spicata f. Man-made features and uses now on tract REAL Watersports Facility (retail, office, restaurant), man-made boat basin with bulkheads, ramp, walkways, 10 pwc slips, condominiums (under construction) g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? S-1 Special District (Attach zoning compliance certificate, if applicable) NYes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes NNo ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes NNo ?NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST .. wvwuwv.necoasta[management.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? NYes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. on-site septic treatment system o. Describe existing drinking water supply source. Dare County Water p. Describe existing storm water management or treatment systems. NC Coastal Stormwater Management Plan 5. Activities and Impacts a. Will the project be for commercial, public, or private use? NCommercial []Public/Government []Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Kiteboarding park- sliders and ramps. The structures are easily transported by floating to their locations. Personal watercraft (pwc) help to tow the structures to place and back to the boat basin. The structures will be anchored in place (the same as a boat). One sturcure will rest on unvegetated bottom with 2 " x 6" wood supports. The pwc's are for staff and support (no pwc rentals). This is an instructional facility. See narrative for additional detail, c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Slides and ramps are constructed; the two floating PWC slips are pre-manufactured but will require the installation of one 10" diameter wood marine treated piling to be installed with a vibratory hammer d. List all development activities you propose. No upland development associated with this permit request e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? None ?Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ?No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ?Yes NNo ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No NNA j. Is there any mitigation proposed? ?Yes ?No NNA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 .. 1-888-4RCOA sT .. www.nccoastaImana9em_-nt.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit - ;„ 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Joseph and Kellie Kiely Phone No. Address 4 Highland Place, Asheville, NC 28804 Name Asa H. Gray Phone No. Address P.O. Box 619, Rodanthe, NC 27968 Name See also attached adjacent riparian owners to the Waller parcel Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major #17-04 CAMA GP's (38234A, 4162A, 445004A) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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. Date i 2- -Z ' d Print Name (? I G rac) V,-.? a...,c..l?zr Signature %t/l ?.:,,,'? Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.80.3-28€28 .. 1-838-4RCOAST . ww,,br.iiccoastaiman ageroent.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: SCommercial []Public/Government []Private/Community ? This section not applicable b. (i) Will the facility be open to the general public? ?Yes SNo c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ]Yes [ 'No If f yes: / - - Number 1 Ra(' Dries SciSKf 51,16 09 (iii) Length I?•S (iv) Width (v) Floating EXes ?No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips propose ¢h2 2 proposecl*xw4& oatina slips I-4.5 1 X S' (ii) Number of slips existing 10 i. Check the proposed type of siting: ? Land cut and access channel []Open water; dredging for basin and/or channel SOpen water; no dredging required []Other; please describe: k. Typical boat length: IweS m. (i) Will the facility have tie pilings? ?Yes SNo (ii) If yes number of tie pilings? d. (i) Are Finger Piers included? ?Yes SNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes SNo If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ? Dockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: S Other, please describe: storage of slides and ramps within the man-made basin j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). personal watercraft for staff support (no rentals) 1. (i) Will the facility be open to the general public? ?Yes SNo 252-803-2808 :: 1-888-4.RCOAST :: www.riecoastair_nariaqement,net revised: 12/27/06 Farm DC MP- (, irtictures, Page 2 o 4 2. DOCKING FACILITY/MARINA OPERATIONS 0This sgction not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: ~ b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No 252-808-2808 :: 9-888-4RCClAST ::.tvww.nccrsasta1mq na9r_!pftnt q revised: 12/27(06 Form DCAA MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None - p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ® This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheefpi/e, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands S. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): ?Commercial ?Public/Government ?Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmatiagemeMmpt revised: 12/27106 For ICI F-4 (Structures. Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines sliders and ramps will be a minium of 15' from adjacent riparian lines (projected into the sound) at all times b. Proximity of structure(s) to adjacent docking facilities. 80 ft +/- Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 14.6 miles e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2.5 - 4.0 ft 8. OTHER ?This section not applicable a. Give complete description: Kiteboarding sliders and ramps. The applicant has permitted these strucures under GP's in the past. The site plan accurately depicts the existing sliders and ramps in cross-section. There will be no more than 6 sliders and ramps used. All but one of these structures is floating and will be anchored. The one slider that is not floating is supported by treated 2" x 6" boards that will lie on unvegetated bottom. These structures will be left in place for no more than 10 consecutive days. Each strucure will have marine grade reflective tape (3M or equivalent). Date Project Name T/',t) tY?? t? ?rPZ Gr't? t,i r l f r f Ap ant Name M Applicant Signature 252-808-2808 :: 1-833,ARCOAST : waww.nccoasta1 anawnint.nat revised: 12127166 Quible Quible & Associates, P.C. ENGINEErdNG • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 R 11 P. 0, Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 May 16, 2008 AV AL i%4NAG F lo aitlCth Subject: May 2, 2008 SAV Analysis Stanford Holdings, LLC (REAL Watersports) and Waller Property Waves, Dare County, North Carolina To: Regulatory/Resource Agencies From: Brian Rubino, P.G., Quible & Associates, P.C. PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Voldivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. Purpose: The purpose of this document is for Quible & Associates, P.C. (Quible) to provide Real Kitebarding and state and federal regulatory agencies with a survey report relating to submerged aquatic vegetation (SAV). The Stanford Holdings, LLC property, leased by REAL Watersports, is located on the Pamlico Sound in the community of Waves, Dare County, North Carolina (See Figure 1, Overall Aerial Photography). In addition to the SAV survey at REAL, a survey was also performed at the Waller Property, a single lot located to the south of Real (See Figure 1). The May 2, 2008 SAV analysis performed by environmental scientists from Quible (Brian Rubino and Warren Eadus) was conducted to examine the substrate of shallow waters adjacent to the project for the presence of SAV, and to document the conditions that may relate to SAV habitat. Quible has been contracted to evaluate these conditions as a component of CAMA Permitting associated with the use of floating platforms that are used as kiteboarding slides. The slides do not rest on the substrate. These structures float and are anchored exactly as boats. At no time do the slides remain in place overnight. As required by the state and federal environmental regulatory agencies, the SAV survey was conducted in the growing season. No tropical storms or other significant storm events occurred prior to this evaluation that would have caused an early disruption of conditions supportive of SAV. State and Federal Rules: The State of North Carolina protects areas that are dominated by submerged aquatic vegetation (SAV), which are called "SAV beds". In particular, dredging that impacts SAV beds is not permitted'. According to the North Carolina Administrative Code (NCAC), SAV beds are described as "habitats in public trust and estuarine waters vegetated with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and intertidal zones, and may occur in isolated patches or in extensive areas. In either case, the bed is defined by the presence of above-ground leaves or below-ground 1 There is no proposed dredging. The item to be permitted is the temporary mooring of floating kiteboarding slides only. Real kiteboarding and Waller Property -SAV Survey rhizomes and propagules" (NCAC 07H .0208(a)(6)). SAV is further referenced in Chapter 4 of the 2004 North Carolina Coastal Habitat Protection Plan (NCCHPP) Conditions on May 2, 2008: Air Temperature: 23.0°C Wind: 10-12 mph WSW (258 direction) Water Quality Testing: Water quality testing was performed in locations that are depicted in Figures 2 and 3 with the use of an HORIBA U-10 Water Quality Checker@ and a secchi disc. Real Kiteboarding Water Visibility: -5.0 feet pH: 7.25 Dissolved Oxygen: 7.26 mg/L Turbidity: 3 NTU Salinity: 19.6 ppt Temperature: 20.8 °C Waller Property Water Visibility: -5.0' pH: 7.16 Dissolved Oxygen: 7.25 mg/L Turbidity: 3 NTU Salinity: 19.8 ppt Temperature: 21.7 °C Methodology: The method of analyzing the substrate involved wading and diving the waters adjacent to the Real Kiteboarding and Waller Property sites in the Pamlico Sound. The limits of the survey are depicted on Figures 2 and 3. Initially, a cursory review of bottom conditions in the vicinity of the subject properties was performed and observations relating to bottom conditions and water quality data were recorded. Dives included the use of a snorkel and a mask and did not include SCUBA apparatus. The cursory survey included the use of a kayak to effectively cover the entire survey area. A hand- held GPS unit was used to delineate areas of SAV and to navigate the boundaries of the survey areas. The water visibility was sufficient to accurately identify and estimate the coverage of live SAV. Coverage estimates were performed based on percent cover standards2. Coverage estimates were performed in several locations using a 1 meter by 1 meter quadrat constructed of 1 inch diameter pvc (with holes so it would sink). This survey did not involve coverage estimates along transects. Instead, this survey was a delineation of zones of varying SAV coverage and the coverage estimates were used to identify the coverage within each zone. 2 A resource on hand during the investigation was percent cover standards (photographs) that were taken from http://seagrasswatch.org/home.html 2 Real kiteboarding and Waller Property SA V Survey Coring was performed using a bucket-type auger to look for the presence of roots and rhizomes in areas of live SAV and on areas of bare sand. Samples of SAV detected were taken, photographed and positively identified using SAV manuals. Findings: REAL Watersports The limits of the area evaluated are indicated on Figure 2. The area of the survey is larger than the actual riparian corridor where the slides would be placed. The SAV found within the area evaluated included Zostera marina (eelgrass) and smaller amounts of Ruppia maritima (widgeon grass). Eelgrass was found to be dominant with plant heights ranging from 4 inches to 12 inches. Eelgrass is commonly found in areas of medium to high salinity such as this. The substrate throughout this survey area consisted of fine grained sand with some occurrences of peat. Water depths ranged from approximately 3 ft near shore to approximately 6 feet on the western side of the area of evaluation. As depicted on Figure 2, there were four zones of SAV present. Zone 1 had only sparse SAV with mostly a bare sand bottom. The SAV present consisted of some individual plants and some isolated patches, dominated by eelgrass. Water depths found in this zone were 2.0 to 3.0 feet deep. This zone is the location of a sand spit or shoal that is recognizable on aerial photography. There is likely a great deal of sand movement in this area resulting from longshore current. Zone 2 had SAV with approximate coverages that ranged from a low of 50 percent to a high of 90 percent. This is the densest zone of SAV and certainly constitutes SAV bed areas. The Zone 1/Zone 2 break was easily identifiable and has been mapped with GPS. Zone 3 is a transition zone that began approximately 690 feet from shore. This zone has significantly less SAV than Zone 2 with coverages that ranged from 30 to 40 percent. Water depths in this zone were approximately 4.0 to 4.5 feet. There is no distinct break between Zone 2 and Zone 3. This boundary has also been mapped by GPS and is approximated on Figure 2. There is a high degree of detritus and green algae present within the live SAV and in between areas of live SAV. Zone 4 is has significantly less live SAV (20-30 percent), but there is a high degree of detritus dominantly consisting of ripped up and partially decomposed SAV. Real kiteboarding and Waller Property SAV Survey In areas of SAV, there was a high degree of rhizome systems within the eelgrass and the widgeon grass. In areas devoid of SAV, mostly within Zone 1, there were minimal rhizome systems detected in core samples that were taken. Waller Property The limits of the area evaluated are indicated on Figure 3. The area of the survey is larger than the actual riparian corridor where the any slides would be placed. The SAV found within the area evaluated included Zostera marina (eelgrass) and Ruppia maritima (widgeon grass). The two species identified were found in near-equal abundance in this area. There were only small amounts of SAV coverages found in the area evaluated. As depicted on Figure 3, there were two geomorphic zones (Zones A and B) identified. Each of the zones had similarly low coverages of SAV, but did have some different bottom and water depth characteristics. Zone A had sparse SAV coverage consisting of eelgrass and widgeon grass. This is a protected embayment area with the substrate consisting of fine grained sand and some silt. There were no SAV beds found in this area. Water depths ranged from 1.5 to 3.0 feet deep. Zone B had sparse SAV coverage consisting of eelgrass and widgeon grass. There was a strong current running from the south to north through this area with what appeared to be a channelized flow due to the close position of "Great Island" (See Figure 3). The substrate generally consisted of a thin veneer of fine grained sand overlying unconsolidated silt (mud) and peat. Water depths ranged from approximately 3 ft near shore to approximately 5 feet. There were no beds of SAV found in this area. Discussion: Shallow waters of the Pamlico Sound are recognized as SAV habitat. Some areas offer better SAV growth opportunities, while other areas have limited SAV resources due to many factors, including, but not limited to: poor water quality, high energy regime, less than optimal substrate conditions and high turbidity. The applicants will be permitting temporary floating structures that will be simply anchored to the bottom in a manner identical to anchoring a boat. Even in areas of SAV beds, this type of activity will have no more than negligible effects to any SAV resources present. Discussion: Quible has performed several SAV surveys this growing season in the region and in general, this year has been productive for SAV. None of the surveys performed included Little Creek or this portion of Pungo River. Please feel free to contact Brian Rubino at Quible & Associates, P.C. (252.261.3300) if you have any questions regarding this SAV survey. 4 IAN At rn L-1 4. 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LAW TO LEGAL ACTION 11/14/04 Noun or REAL WATERSPORM DTC WAVES DARE COUNTY GRAPHIC SCALE IN FEET 1'=5' Quible SINCE 1959 NORTH CAROLINA 0 5' 10' & Associates, P.C. ENGINEERING ' CONSULTING ' PLANNING ENVIRONMENTAL SCIENCES ' SURVEYING PO Drawer 870 Kitty Hawk, NC 27949 Phone: (252) 261-3300 Fax: (252) 261-1260 E-Mail: administratorOquible.com 10.00' rn mm Z°z ;OWN x O? ? A m vD? mj4 N A° M-0 x mD N 14.00' z AM R. ivm 0-0 y Z R v Ao N n m z m tl om? m ? rn ? 1 77 D JJ A 10.00' p? Z g? 2 O D 1 D a) W O 0 O N HOC 0 v? z SDm? Dj? ?D Z OD (n ? 000 V D ? N v 0 D O D Z C Z O CO Dj N f;0*1 NOO 2 DNS cy Z Z?v N)v,m (D v;0 c0 D Z D0 rri Dorm r?* CO rD- z > D C'1 rn ? Z v (n 0? co O Nao ;:0 cn Z 0 D O Z)1 D Z rn O CIEC 11 200 Ehzcjbeth Cjty PROJECT FIGURE ,$„ 7072 COPYRIGHT © 2008 Q SINCE 1959 uibl OUIBLE k ASSOCIATES, P.C. e DRAWN T REAL WATBRSFORM INC Az HIS DOCUMENT IS THE PROPERTY OF & Associat C P C OUIBLE & ASSOCIATES, PC. ALL I es, . . . • CAD REF. R GHTS ARE RESERVED. ANY RE- PRODUCTION OF THIS OR POSSESSION WITHOUT PRIOR PERMISSION of WAVES DARE COUNTY ENGINEERING a CONSULTING • PLANNING F0101 QUIBLE do ASSOCIATES, PC WILL NORTH CAROLINA ENVIRONMENTAL SCIENCES • SURVEYING PenrrltA CONSTITUTE VIOLATION OF COPYRIGHT Po Drawer 870 LAWS. VIOLATION WILL BE SUBJECT TO LEGAL ACTION 0 8' 16' Kitty Hawk, NC 27949 DATE I Phone: (252) 261-3300 11/14/00 ' Fax: (252) 261-1260 III GRAPHIC SCALE IN FEET 1'=8 E-Mail: administratorOquible.com IV V) 0 m X"010 D O C 0 OmZ 2 D 1*1 .. DAR. ;0 D 00 (/) Z 0 0000 4 D co n D m X D Z X C N ? :_ 0 m >0-- I DWM >om' <D NOn i mr 2=? ?X* C mm -< Z D0 vom D ntirM* Z rT1 Z Nrn? z z?o 4 -0 nIm(n OD ? -4o U) m mm N coo ' ? z 0 r > r D m O X D Z 1 O J V1 O "EC I 1 ? z m ? $ O J x Z Z Z 00 PROJECT FIOUn 'r - PEMNAL WATBRCRAPT $LIP3 SINCE 1959 Q ibl P07072 COPYRIGHT © 2008 u e DRAWN pU1BLE & ASSOCIATES, P.C. REAL WAMPaPORI''Sl, INC Ty i t C & A THIS DOCUMENT IS THE PROPERTY OF ssoc a . es, P. OUIBLE & ASSOCIATES, PC. ALL G ' ' RIGHTS ARE RESERVED. ANY RE- PLANNIN CONSULTING ENGINEERING CAD REF PRODUCTION OF THIS OR POSSESSION WAVES DARE COUNTY s ENVIRONMENTAL SCIENCES SURVEYING . P07072- nt d P WITHOUT PRIOR PERMISSION OF OUIBLE & ASSOCIATES, PC WILL CONSTIME VIOLATION of COPYRIGHT NORTH CAROLINA PO Drawer 670 INC 27949 k e rp Kitty Haw , LAWS. VIOLATION WILL BE SUBJECT TO LEGAL ACTION 0 S? 10? Phone: (252) 261-3300 DATE Fax: (252) 261-1260 11/14/06 GRAPHIC SCALE IN FEET 1'=5' E-Mail: administratorOquible.com 1D.DD, MAJOR PERMIT FEE MATRIX Applicant: REAL WATERSPORTS; TRIP FORMAN Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if General Water Quality $250 100%($250) 0%($0) Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100%($400) 0%($0) No. 3490 (See attached) can be a lied: III(C). If General Water Quality Certification No. 3490 (see attached) could $400 60%($240) 40%($160) be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3490 (see attached) cannot $400 60%($240) 40%($160) be applied: IV. For development that involves the filling and/or excavation of more than $475 60%($285) 40%($190) one acre of wetlands and/or open water areas: