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HomeMy WebLinkAbout19940531 Ver 1_COMPLETE FILE_19940610V State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management Jc;mes,B, Hunt, Jr., Governor Jpnat an B. Howes, Secretary Roger N. Schecter, Director May 26, 1994 MEMORANDUM TO: FROM: SUBJECT: Mr. Robert E. Chandler, Director Division of Community Assistance John R. Parker, Jr. Major Permits Processing Coordinator A4J;moo^ 1111 L ?EHNR CAMA/DREDGE & FILL Permit Application Review Applicant: JoMel, Inc. Project Location: West of Hwy 158, between Forbes Street and Finch Street, Nags Head, Dare County, adjacent Roanoke Sound Proposed Project: To develop an amusement park consisting: of an 180' by 120' oval go cart track, a 240' by 110' figure "8" go cart track, 67 paved parking spaces, a 20' by 20' ticket building, two 34' by 80' open- sided canopy buildings, and two storm water infiltration basins. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 16, 1994. If you have any questions regarding the proposed project, please contact Ed Harrell at (919) 264-3901. When appropriate, in-depth comments with supporting data is 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 Signed attached comments. Date ! 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Its I i? o : John Dorney , )!J1. 1 4 1994 Planning Branch • DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT # 9404-02-1- -' WQ SUPERVISOR : THO / ?J?) REVIEWER: SAWYER DATE: (o u 'ESL CC> Olt WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: PROJECT NAME: ;rb-. A%A. 0 L. r? PROJECT TYPE: `? xe?erP• :•+. ???. PERMIT TYPE: COE DOT COUNTY: &a-1-0 62A)COE RCD FROM CDA: DCK DATE FROM CDA: REG OFFICE: WaRO RIVER ANQ SUB BASIN STREAM ??JACENT WATER BODY: 7-4- CLASS . STREAM INDEX OPEN OR WL IMPACT: A1• WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: SHEET ATTACHED? RECOMMENDATION: ISSUE ISSUE/COND' DENY HOLD STORMWATER PLAN REQ'D: PROJECT DESCRIPTION: WATER QUALITY CERT. (401 CERT. REQ'D: IF YES, TYPE: SEWAGE DISPOSAL G l ls? #: '*5 o - 2-j IF YES, DATE APPROVED: / -v + . '?6 Dzl? TYPE OF DISPOSAL PROPOSED: (EXISTING ROPOSED EPTIC TANK ETC.) TO BE PERMITTED BY.. (DEM, DHS<:? IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: WETLAND: - d IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING A , AREA TO BE DREDGED: /v IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CSC: WaRO; Central Files; DCM Field Offices; COE Washington Office DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: JoMel, Inc. 2. LOCATION OF PROJECT SITE: West of Hwy 158, between Forbes Street and Finch Street, Nags Head, Dare County, adjacent Roanoke Sound. Photo Index - 1989: 42-23: L11,M11,N11 1984: 138-456: I16,J16,K16 State Plane Coordinates - X: 3005000 Y: 806600 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/30/94 5/24/94 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - May 24, 1994 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Nags Head Land Classification From LUP - Transition and Conservation (B) AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Ground Absorption Drain Field (F) Type of Structures: Existing - None Planned - 2 Go Cart Tracks, Parking, Ticket Office (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] FILLED (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Disturbed High Ground 168,000 sq ft (D) Total Area Disturbed: 168,000 sq ft (3.9 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to develop an amusement park consisting of an 180' by 120' oval go cart track, a 240' by 110' figure "8" go cart track, 67 paved parking spaces, a 20' by 20' ticket building, two 34' by 80' open-sided canopy buildings, and two storm water infiltration basins. JoMel, Inc. Bio Report Page Two Site Description JoMel Incorporated, the applicant, owns an unimproved 23.6 acre tract lying west of US Highway 158 at the 16 milepost in Nags Head, Dare County. The tract is exactly 750 feet wide by approximately 1400 feet deep and fronts Roanoke Sound, which has been classified as SA waters by the North Carolina Division of Environmental Management. The northern property line coincides with the southern edge of the right-of-way of Forbes Street, a 50' wide unimproved town street. Between the northern property line and a 12' wide drainage ditch paralleling the north property line is the 250' wide area which the applicant proposes to develop. The ground elevation of ± 5' above MSL within the easternmost one- half of this 250' wide area is the highest within the entire 24 acre tract. Vegetation on the upper and lower portions of the entire tract has been recently cut over and includes wax myrtle, yaupon, saltmeadow cordgrass, black needlerush, false willow, and bullbriar. Anticipated Impacts The applicant wishes to construct an amusement park on the high ground located north of the 12' wide drainage ditch. Proposed development includes an 180' by 120' oval go-cart track, a 240' by 110' figure "8" track, a 20' by 20' ticket building, two 34' by 80' open- sided canopy buildings, 67 paved parking spaces, and two stormwater infiltration basins. Land disturbing activity will affect 168,000 square-feet of high ground. No wetlands will be filled or impacted by the proposed development. CAMA Review No archeological/historical significance has been associated with this site. No unique remnant species or geologic formation are known to exist within the project area. Land use plan consistency review is underway and will be submitted concurrently with comments from other reviewing agencies. Submitted by: M. Edward Harrell Date: May 25, 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name ENV RnNTAT,_pROFESSTONAT,S_ TNC. Address P.O. BOX 3368 City KILL DEVIL HILLSState N.C. Zip 27948 Day phone (919) 441-0239 Landowner or X Authorized agent b. Project name (if any) SPEED AN AY c. If the applicant is not the landowner, also give the owner's name and address. JOE DOWDY P.O. BOX 296 MANTEO, N.C. 27954 2 LOCATION OF PROPOSED If you plan to build a marina, also compAWAO attach Form DCM-MP-2. N/A b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK c. Will the project be for community, private, or commercial use? COMI`iERCIAL USE d. Describe the planned use of the project. CONSTRUCTION OF A GO CART PARK RETATT, AMUSEMENT 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 23.6 ACRES b. Size of individual lot(s) c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5.0 feet avg. PROJECT d. Soil type(s) and texture(s) of tract COROLLA AND DUCKSTON SAND a. Street address or secondary road number WEST OF US 158 between FORBES ST. & FINCH e. Vegetation ontractWAX MYRTLE, YAUPON, BULLBRIER ST. SALTMEADOW CORDGRASS FALSE-WILLOW BLACK b. City, town, community, or landmark NEEDLE RUSH NAGS HEAT f. Man-made features now on tractVE , .TATTON HAS BEEN c. County DARE d. Is proposed work within city limits or planning jurisdiction? YES e. Name of body of water nearest project ROANOKE SOUND 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT MOWED g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? C-2 GENERAL COMMERCIAL i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom? or pier)2 go cart tracks, PARKING AREA, AND TICKET OFFTCE 3/91 5 UPLAND DEVELOPMENT --------------- - - -- -- Complete this section if the project includes any land .,,,; 146-+ - - , development. a. 'T'ype and number of buildings, facilities, or in. Water supply source PUBLIC ----- structures proposed I WOOD FRAME BUILDING, 2 -- OPEN SIDED CANOPIES n. If the project is oceanfront development, describe the steps that will be taken to maintain established b. Number of lots or parcels N/A public beach accessways or provide new access. c. Density (Give the number of residential units and the N/A units per acre.) N/A - - --- d. Size of area to be graded or disturbed o. 0i 000 s ft / 3 9 acres If the project is on the oceanfront, what will be the _ . g. . elevation above mean sea level of the first habitable e. If the proposed project will disturb more than one floor? N/A 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 6 EXCAVATION AND FILL control plan been submitted to the Division of Land INFORMATION Resources? yes f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. 3.3% a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List. the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. ASPIIALT AND CONCRETE h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? YES i. Describe proposed sewage disposal and/or waste water treatment facilities. ONSITE GRAVITY SUBSURFACE DISPOSAL SYSTEM j. have these facilities received state or local approval? TENTATIVE LETTER OF APPROVAL FROM COUNTY k. Describe existing treatment facilities. NONE 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). NONE Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below M11W Upland fill areas Length Width Depth N/A -NSA- -NLA------- NA NA N/A N/A N/A N/A N/A 700 _ 240 b. Amount of material to be excavated from below water level in cubic yards NONE _ c. Type of material N/A d. Does the area to be excavated include marshland, swamps, or other wetlands? N/A -- e. I1igh ground excavation, in cubic yards N/A 2 3/91 f. Dimensions of spoil disposal area N/A g. Location of spoil disposal area c. Shoreline erosion during preceding?r,??.months, in feet N/A ???? ?? d. Type of bulkhead material N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? N/A If so, where? e. Amount of fill, in cubic yards, to be placed below mean high water N/A f. Type of fill material N/A 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follo%Ny- swamps, or water areas? ing items must be submitted: N/A k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A m. Type of fill material N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? N/A p. Dimensions of the wetland to be filled N/A A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? PER SOIL EROSION AND SEDIMENTATION CONTROL PLAN r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N/A s. Will wetlands be crossed in transporting equipment to project site?NO If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Nanre MICHAFi KELLY Address p_p -ROY 10RA NAGS HEAD , N X,_2795_ Name N.EVA HARRISON Address qJJ FAST . ATN ST. -_- PLYMOUTH; N.C. 27962 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permillee, and issuing dates. NONE A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. I I3A-I to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will he con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the -- ay of _ 19- f4l X ?liori7.ed Lar down or i gent Y) t DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: JoMel, Inc. LOCATION OF PROJECT SITE: West of Hwy 158, between Forbes Street and Finch Street, Nags Head, Dare County, adjacent Roanoke Sound. Photo Index - 1989: 42-23: L11,Mll,N11 1984: 138-456: I16,J16,K16 State Plane Coordinates - X: 3005000 Y: 806600 2. 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/30/94 5/24/94 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - May 24, 1994 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Nags Head Land Classification From LUP - Transition and Conservation (B) AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Ground Absorption Drain Field (F) Type of Structures: Existing - None Planned - 2 Go Cart Tracks, Parking, Ticket Office (G) Estimated Annual Rate of Erosion: N/A Source - N/A [AREA] DREDGED FILLED 7. HABITAT DESCRIPTION: (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other High Ground (D) Total Area Disturbed: 168,000 sq ft (3.9 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No Disturbed 168,000 sq ft 8. PROJECT SUMMARY: The applicant proposes to develop an amusement park consisting of an 180' by 120' oval go cart track, a 240' by 110' figure "8" go cart track, 67 paved parking spaces, a 20' by 20' ticket building, two 34' by 80' open-sided canopy buildings, and two storm water infiltration basins. JoMel, Inc. Bio Report Page Two Site Description JoMel Incorporated, the applicant, owns an unimproved 23.6 acre tract lying west of US Highway 158 at the 16 milepost in Nags Head, Dare County. The tract is exactly 750 feet wide by approximately 1400 feet deep and fronts Roanoke Sound, which has been classified as SA waters by the North Carolina Division of Environmental Management. The northern property line coincides with the southern edge of the right-of-way of Forbes Street, a 50' wide unimproved town street. Between the northern property line and a 12' wide drainage ditch paralleling the north property line is the 250' wide area which the applicant proposes to develop. The ground elevation of ± 5' above MSL within the easternmost one- half of this 250' wide area is the highest within the entire 24 acre tract. Vegetation on the upper and lower portions of the entire tract has been recently cut over and includes wax myrtle, yaupon, saltmeadow cordgrass, black needlerush, false willow, and bullbriar. Anticipated Impacts The applicant wishes to construct an amusement park on the high ground located north of the 12' wide drainage ditch. Proposed development includes an 180' by 120' oval go-cart track, a 240' by 110' figure "8" track, a 20' by 20' ticket building, two 34' by 80' open- sided canopy buildings, 67 paved parking spaces, and two stormwater infiltration basins. Land disturbing activity will affect 168,000 square-feet of high ground. No wetlands will be filled or impacted by the proposed development. CAMA Review No archeological/historical significance has been associated with this site. No unique remnant species or geologic formation are known to exist within the project area. Land use plan consistency review is underway and will be submitted concurrently with comments from other reviewing agencies. Submitted by: M. Edward Harrell Date: May 25, 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name ENVTRONMENTAT, PROFESSTONAT S TNC. Address P.O. BOX 3368 City KILL DEVIL HILLSState N.C. Zip 27948 Day phone (919) 441-0239 Landowner or X Authorized agent b. Project name (if any) SPEED AND SPRAY c. If the applicant is not the landowner, also give the owner's name and address. JOE DOWDY P.O. BOX 296 MANTEO, N.C. 27954 2 LOCATION OF PROPOSED PROJECT If you plan to build a marina, also comp] 'tARO attach Form DCM-MP-2. N/A b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK c. Will the project be for community, private, or commercial use? C%ZiERCIAL USE d. Describe the planned use of the project. CONSTRUCTION OF A GO CART PARK RETAIL AMUSEMENT 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 23.6 ACRES b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5.0 feet avg. d. Soil type(s) and texture(s) of tract COROLLA AND DUCKSTON SAND a. Street address or secondary road number WEST OF US 158.between FORBES ST. & FINCH e. ST. b. City, town, community, or landmark NAGS HEAD f County DARE d. Is proposed work within city limits or planning jurisdiction? YES e. Name of body of water nearest project ROANOKE SOUND 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Vegetation on tractWAX MYRTLE, YAUPON, BULLBRIER SALTMEADOW CORDGRASS, FALSE-WILLOW, BLACK NEEDLE RUSH Man-made features now on tract VEGETATTON HAS BEEN MOWED g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? C-2 GENERAL COMMERCIAL i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom? or pier).2 go cart tracks, PARKING AREA, AND TICKET OFFTCE 3/91 5 UPLAND DEVELOPMENT Complete this section if die project includes any land: ,-4j; .•-+ development. a. Type and number of buildings, facilities, or structures proposed 1 WOOD FRAME BUILDING, 2 OPEN SIDED CANOPIES b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) N/A d. Size of area to be graded or disturbed 168 000 sq.ft. / 3.9 acres e. If the proposed project will disturb more than one acre of land, die 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 f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. 3.3% g. List the materials, such as mart, paver stone, asphalt, or concrete, to be used for paved surfaces. ASPHALT AND CONCRETE Ii. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management?_ YES i. Describe proposed sewage disposal and/or waste water treatment facilities. ONSITE GRAVITY SUBSURFACE DISPOSAL SYSTEM j. have these facilities received state or local approval? TENTATIVE LETTER OF APPROVAL FROM COUNTY k. Describe existing treatment facilities. NONE 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash (1own"). NONE m. Water supply source PUBLIC n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A _ _-_- 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break water, pier, boat ramp, rock jetty) Fill placed in wetland or below MIIW Upland fill areas Length Width Depth N/A N/A _NLA_-__._ N/A -WA__ _ -NJA__ N/A N/A N/A N/A N/A 700'. 240' ry t: b. Amount of material to be excavated from below water level in cubic yards NONE c. Type of material N/A d. Does the area to be excavated include marshland, swamps, or othet wetlands? N/A e. High ground excavation, in cubic yards N/A 2 3/91 ilr/,?`?Ttl f. Dimensions of spoil disposal area N/A g. Location of spoil disposal area h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? N/A If so, where? c. Shoreline erosion during preceding months, in 0• feet N/A d. Type of bulkhead material N/A e. Amount of fill, in cubic yards, to be placed below mean high water N/A f. Type of fill material N/A 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swampps, or water areas? N/A ing items must be submitted: k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A in. Type of fill material N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? N/A p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? PER SOIL EROSION AND SEDIMENTATION CONTROL PLAN r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N/A s. Will wetlands be crossed in transporting equipment to project site?NO If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Name MTCHAEt, KELLY Address p,o Rnx 1()Rg NA S HE n. N_X, 27959 Nance N.EVA HARR Address 911 FAST .MAIN ST, _ PLYMOUTH N.C. 27962 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NONE A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing die application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. I I3A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only die development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the ay of _ 19_y R J-h - - - LAdown or Authorized , gent 3/01 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 9? 1. APPLICANT'S NAME: JoMel, Inc. 2. LOCATION OF PROJECT SITE: West of Hwy 158, between Forbes Street and Finch Street, Nags Head, Dare County, adjacent Roanoke Sound. Photo Index - 1989: 42-23: L11,MI1,N11 1984: 138-456: 116,J16,K16 State Plane Coordinates - X: 3005000 Y: 806600 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/30/94 5/24/94 Was Applicant Present Yes No 5. PROCESSING PROCEDURE: Application Received - May 24, 1994 Office - Elizabeth City -y 6. SITE DESCRIPTION:a (A) Local Land Use Plan - Nags Head Land Classification From LUP - Transition and Conservation JUN 7 1994 (B) AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: No ,?tLp,;, (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Ground Absorption Drain Field (F) Type of Structures: Existing - None Planned - 2 Go Cart Tracks, Parking, Ticket Office (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED UT HER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Disturbed High Ground 168,000 sq ft (D) Total Area Disturbed: 168,000 sq ft (3.9 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to develop an amusement park consisting of an 180' by 120' oval go cart track, a 240' by 110' figure "8" go cart track; 67 paved parking spaces, a 20' by 20' ticket building, two 34' by 80' open=sided canopy buildings, and two storm water infiltration basins. Y JoMel, Inc. Bio Report Page Two Site Description JoMel Incorporated, the applicant, owns an unimproved 23.6 acre tract lying west of US Highway 158 at the 16 milepost in Nags Head, Dare County. The tract is exactly 750 feet wide by approximately 1400 feet deep and fronts Roanoke Sound, which has been classified as SA waters by the North Carolina Division of Environmental Management. The northern property line coincides with the southern edge of the right-of-way of Forbes Street, a 50' wide unimproved town street. Between the northern property line and a 12' wide drainage ditch paralleling the north property line is the 250' wide area which the applicant proposes to develop. The ground elevation of ± 5' above MSL within the easternmost one- half of this 250' wide area is the highest within the entire 24 acre tract. Vegetation on the upper and lower portions of the entire tract has been recently cut over and includes wax myrtle, yaupon, saltmeadow cordgrass, black needlerush, false willow, and bullbriar. Anticipated Impacts The applicant wishes to construct an amusement park on the high ground located north of the 12' wide drainage ditch. Proposed development includes an 180' by 120' oval go-cart track, a 240' by 110' figure "8" track, a 20' by 20' ticket building, two 34' by 80' open- sided canopy buildings, 67 paved parking spaces, and two stormwater infiltration basins. Land disturbing activity will affect 168,000 square-feet of high ground. No wetlands will be filled or impacted by the proposed development. CAMA Review No archeological/historical significance has been associated with this site. No unique remnant species or geologic formation are known to exist within the project area. Land use plan consistency review is underway and will be submitted concurrently with comments from other reviewing agencies. Submitted by: M. Edward Harrell Date: May 25, 1994 Picase type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name FNVTRONMFNTAT, PROFFSSTONAT,S TNC _ If you plan to build a marina, also comp4fAaW 0.4 attach Form DCM-MP-2. N/A b. Is the proposed activity maintenance of an -r existing project, new work, or both? NEW WORK c. Will the project be for community, private, or commercial use? COMI ERCIAL USE Address P.O. BOX 3368 City KILL DEVIL HILLSState N.C. Zip 27948 Day phone (919) 441-0239 d. Describe the planned use of the project. CONSTRUCTION OF A GO CART PARK RETAIL AMUSEMENT Landowner or X Authorized agent b. Project name (if any) SPEED AND SPRAY c. If the applicant is not the landowner, also give the owner's name and address. JOE DOWDY P.O. BOX 296 MANTEO, N.C. 27954 2 LOCATION OF PROPOSED PROJECT 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 23.6 ACRES b.. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5.0 feet avg. d. Soil type(s) and texture(s) of tract COROLLA AND DUCKSTON SAND a. Street address or secondary road number WEST OF US 158 between FORBES ST. & FINCH e. Vegetation ontractWAX MYRTLE, YAUPON, BULLBRIER ST. SALTMEADOW CORDGRASS, FALSE-WILLOW, BLACK b. City, town, community, or landmark NEEDLE RUSH NAGS HEAD f. Man-made features now on tract VEGETAT TON HAS BEEN MOWED c. County DARE g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? YEs X Conservation X Transitional e. Name of body of water nearest project Developed Community ROANOKE SOUND Rural Other 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT h. How is die tract zoned by local government? C-2 GENERAL COMMERCIAL i. flow are adjacent waters classified? SA a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? No if so, by whom? or pier) .2 go cart tracks, PARKING AREA, AND Z'1 CKET OFFICE 3/91 ? ;::.(1 ti 5 UPLAND DEVELOPMENT ', ' ?? - - --------- -.___ _ Complete this section it the project includes any land, , .+ " r development. a. Type and number of buildings, facilities, or m. Water supply source _ PUBLIC structures proposed 1 WOOD FRAME BUIL_DING,_2 -----"-- - OPEN SIDED CANOPIES _ n. If the project is oceanfront development, describe the steps that will be taken to maintain established b. Number of lots or parcels N/A - public beach accessways or provide new access. c. Density (Give the number of residential units and the N/A unitsperacre.) N/A --- d. Size of area to be graded or disturbed __16?, OUO sq. f t . / 3.9 acres 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. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? yes f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. 3.3% o. If the project is on the oceanfront, Nvhat will be the elevation above mean sea level of the first habitable floor? N/A --_-__-- 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or till activities (excluding bulkheads, which are covered in Section 7). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. ASPIIALT AND CONCRETE h. If applicable, has a stonnwater management plan been submitted to the Division of Environmental tvtanagernent?_ YES i. Describe proposed sewage disposal and/or waste water treatment facilities. ONSITE GRAVITY SUBSURFACE DISPOSAL SYSTEM J. I lave these facilities received state or local approval? TENTATIVE LETTER OF APPROVAL FROM COUNTY k. Describe existing treatment facilities. NONE 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/cormnercial effluent, "wash down"). NONE Access channel (h7LW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below M11W Upland fill areas N/A N/A NLn__ _ N/A N-A N/A __ N/A N/A N/A NIA N/A 1`1.1. 'Ifflu. ?` 700' 240' rte><?; s>< b. Amount of material to be excavated from below water level in cubic yards NONE C. Type of material N/A - ------- - d. Does the area to be excavated include marshland, swamps, or other wetlands? N/A c. High groand excavation, in cubic yards N/A 2 3191 f. Dimensions of spoil disposal area N/A g. Location of spoil disposal. area h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. c. Shoreline erosion during preceding .? months, in feet N/A f d. Type of bulkhead material N/A e. Amount of fill, in cubic yards, to be placed below mean high water N/A f. Type of fill material N/A i. Willa disposal area be available for future maintenance? N/A If so, where? 8 ADDITIONAL INFORMATION .j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? ing items must be submitted: N/A k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A m. Type of fill material N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? N/A p. Dimensions of the wetland to be filled N/A A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properly. 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 cart), out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 9 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) q. I-low will excavated or fill material be kept on site and erosion controlled? PER SOIL EROSION AND SEDIMENTATION CONTROL PLAN r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N/A s. Will wetlands be crossed in transporting equipment to project site?NO If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of fire adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 J ? Name MI.CHART, KPi T Y - Addrese I?, p - RnX i n,BA ----- NA.C,SJiEAT) . N . C,_2B5 9 - Name NEVA HARRISON __- Address 9I1 EA.S-T .MA1N ST ---___.- PLYMOUTH, N.C. 27962 Nanrc Address A list or previous state or federal permits issued for work on the project tract. Include pennit numbers, pcr?ninee, and issuing dates. NONE A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazhrd notice for projects in oceanfront ind inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. I I3A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The-project will be subject to conditions and restrictions contained in the penniI. I certify that to the best of my knowledge, the proposed activity complies witlr the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such prograrn. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating infonnation related to this permit application and follow-up monitoring of project. This is the - ay of _,V4 19__?y 1_11down , or Authorized , gent "f 310 1