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HomeMy WebLinkAbout19910625 All Versions_Complete File_198910164 1,m DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 11, 1989 IN REPLY REFER TO Regulatory Branch 43 p? . SUBJECT: File No. CESAW-C089-N-028-0495 Mr. William Mills T Water Quality Section ' Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Kitty Hawk Woods Partnership for Department of the Army (DOA) authorization and a State Water Quality Certification to place fill material in wetland swales to effect construction of a shopping center, residential roads and driveways, multifamily housing and parking on 1,400 acres of maritime forest in Kitty Hawk, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A DOA permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by December 11, 1989, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jim Poteat, telephone (919) 251-4637. Sincerely, ne I ht AChief tory Branch Enclosure r -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management Route 6, Box 203 Elizabeth City, North Carolina 27909 Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipared development activities, including construe- shopping center & offices on 66 acres tion, excavation, filling, paving, land clearing, and 228 townhouse units on 97 acres stormwaterrcontrol. If the requested information is 108 homes on small lots (15,000 sq ft +) 72 homes on large lots (2 acres +) not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed IREC „ j V LAND -AND WATER all projects. CHARACTERISTICS 1APPLICANT •- - - -- `ric'n???' Size of entire tract 1400 acres a . rGRY dR MC%ize of individual lot(s) 15,000 sq ft to 10 acre: a. Name Kitty Hawk Woods Partnership c. Elevation of tract above meyn sea level or Na- 749 Address Post Office Box tional Geodetic Vertical Datum 2' to 25' City Kitty Hawk State NC d. Soil type(s) and texture(s) of tract Zip 27949 -1 Day phone 9i"-261-2258 fripps sands and conoby loams x Landowner or Authorized agent P, Vegetation on tract maritime forest b. Project name (if any) Kitty Hawk Woods f. Man-made features now on tract c. If the applicant is not the landowner, also give single family homes the owner's name and address. g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) X Conservation X Transitional Developed Community 2 . LOCATION OF PROPOSED Rural Other PROJECT h. How is the tract zoned by local government? residential/commercial/multi & single fami_ i. How are adjacent waters classified? SA a. Street address or secondary road number j. Has a professional archaeological survey been U.S. Highway 158 and S.R. 1208 ? out for the tract. no carried b. City, town, community, or landmark If so, by whom? Town of Kitty Hawk C. d. County Dare Is proposed work within city limits or planning .. _.b-.." 5 UPLAND DEVELOPMENT . : "• jurisdiction? yes -------?- e. Name of body of water nearest project Complete this section if the project includes any Currituck Sound upland development. a. Type and number of buildings, facilities, or 3 DESCRIPTION AND PLANNED structures proposed shopping center (157,612 .-. , - USE OF PROPOSED PROJECT sq ft), multifamily (228 units); single , - . family (180 lots) b. Number of lots or parcels 200 a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) multif amily-4 units/acre bulkhead, or pier). - single family-2 units/acre maximum development of shopping center, d. Size of area to be graded or disturbed townhouse units and single family approximately 50 acres subdivisions e. If the proposed project will disturb more than one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? sedimentation and erosion control plan been new work submitted to the Division of Land Resources? c. Will the project be for community, private, or no, will be submitted commercial use? f. Give the percentage of the tract within 75 feet commercial use of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. none _ ti 1 such as marl, paver stone, List the materials b. Amount of material to be excavated from g. , asphalt, or concrete, to be used for paved below water level in cubic yards 0 n/a surfaces. ABC stone base, 1-2 asphalt - c. d. Type of material Does the area to be excavated include marsh- h has a stormwater management If applicable land, swamps, or other wetlands? 0.25 acre reond r1on pond . , plan been submitted to the Division of En- e. High ground excavation, in cubic yards vironmental Management? yes f. Dimensions of spoil disposal area i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. see attached narrative h. Do you claim title to the disposal area? yes j Have these facilities received state or local If not, attach a letter granting permission from . approval? see attached narrative i the owner. osal area be available for future Will a dis k. Describe existing treatment facilities. . p see attached narrative maintenance?/ If so, where? j. Does the disposal area include any marshland, 1 Describe location and type of discharges to swampiland,'or water areas? . waters of the state (for examplersurface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial or ,+wash down"). surface runoff effluent 1. high water? Amount of fill in cubic yards , (see attached narrative and maps) M. Type of fill material sand n. Source of fill material m Water supply source county and private o. Will fill material be placed on marsh or other . n If the project is oceanfront development, wetlands? Yes, forested wetlands . describe the steps that will be taken to main- p. Dimensions of the wetland to be filled 16.39 acres tain established public beach accessways or pro- q. How will excavated or fill material be kept on hauled by n/a vide new access. site and erosion controlled? truck or bulldozed in from adjacent sand ridges o If the project is on the oceanfront, what will r. What type of construction equipment will be . be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? n/a hydraulic dredge)? dozer, front .end loaders, earth movers 6 EXCAVATION AND FILL s. Will wetlands be crossed in transporting equip- INFORMATION ment to the project site? no If yes, explain the steps that will be taken to lessen en- *For 6a - 6q, sqe also se o a hednarrative pure p pose Describe below the a & maps - . vironmental impacts. . . tion 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 MHW Upland fill 7 SHORELINE S T ABILIZATIvN a. Length of bulkhead or riprap n/a b. Average distance waterward of mean high water or normal water level n/a c. Shoreline erosion during preceding 12 months, in 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 Length Width Depth :X: AEDITIONAI wINFORMATION 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 property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion 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 8 V2 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing 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 per- sonnel 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 com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Sea Scape Golf Course, Inc. Address Kitty Hawk, NC Name Charles Foy Address Kitty Hawk, NC Name Outer Banks Contractors Address Kitty Hawk, NC Name Kenneth Whichard Address Greenville, NC A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA 87-001 - 10/19/87 CAMA 3821 - 11/29/87 (Nationwide permit) A check for $100 made payable to the Depart-, ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS SION TO ENTER ON LAND.-'-.3' Any permit issued in response to this application will allow only the development described in the- application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed 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 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 ap- plication and follow-up monitoring of project. This _fs. the -?- day of-?? '- 19 agent, /Mari.aging Pat trier Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 1 l ' r N SITE-° c>r ;e u • n ., «•.:C.. -• vII LINH r 11 IANiI -' , 1 I t? I \ !: '' At, -AY ,ILL(lt 'LACE r^ \Q TOlINO ?I,f 1 -1 I ? • J . f • // o 1 1 I SiA s> A C r `••,`? f - GOLF ?J . ??? ~ .. a .t COURS 11 Q ? , , \ %11 I4IrAWYI: i I? , ': D J? \ ? T .r/ XI "Y HAWK oil LA110IM: v) 1 > I J'r I• ;- - _t)1..?.. ',•1?I?I• INAl1.FA IAR[ W? r , • , E -? T 1 • ? .:.1 •!.r 1'Jrllr J . . ? ARO AA I 11 ;1 (.?: c...r t:.... .'t l... t ACR/T, ?. ? ' n;•I I[ Hl.lxr .• ,, I A t I 1 t!t. C? f ,It ll a?w• BEACH . •' ' ?1 •• ...r, r. l? ?rtR .. AT RIO(:[ C• 1 IL I?. "• ,. He. R a [ITT, OLJN(( I 1 I , TH•... i.l..•.I . ....r ••..?• _ - 11(IC,,1 , '- rl)of111 i(,t:F t .v f?.:rH 5 w•?. 1 AI, IY r nl I+ ' 1 ( LAN[11Nq _ x,Ttt I)trnts 3 OVNES i t-? ,JI (,'1• t VIII Af.f FlI l k ..r '- . ' 1 Irr.:.? d• Y ` .Ti I ? 1 ? . - .? mOoft I, 'OAF.S p n? ? t B'rrrrl 4'IRI:II114 :. ".• ,r•+ "All _ _ ul O4tr - 1 INDEX PROJECT NO. TITLE SHEET NO. COMPOSITE MAP.. , ..I TOTAL WETLANDS SITE DATA CHART .... 2 /.......... SHORESIDE SHOPPING CENTRE...... ... I.......... RESIDUAL COMMERCIAL TRACT..... ... A ll......... 1 /V MUL TI-FAMIL Y TRACT . . . . . . . 5 . \ (a • :- ' ' . ?; .r:> . . .... VII/. . SECTION /0 ................ SECTION 8 6 <" S 'Z. (; f e ..... .. 7 T.? C IX........ COVERED BRIDGE ROAD ....... . . . . . . . 8 IX........ X PHASE 5 ...... .... ..... RADCL IFF CO . .9 1 c p ^r J2 ......... URT .. ........ .... • /0 7.9 s STREET d DRIVEWAY SECTIONS........// : L Y CIt1EF•??io Afo ''." t?`ltSA:Ifi?{•a1• ,COMPOSITE MAP KIT -v HAWK {-MOODS RrR r^NAVA• Ar,/wrtc rNwNsAr/I OJRE Coowrr A,mrw uAOC IN. owne+A9rrr NAWA- uDOOs PANTrACRsN/P otswj'O ADMfESSr AM IOA' r•f A9rrr NIA'R, wC rrf?f M•wr.•A• AlIq?NE( (f/f/ tIr • till CwEGIrCD rS ` A. SrAOUD ENGINEERING, P ,A. A(+ - -';Cf TI r<.? M - - ? Fl fC?ctr swc, or WETLANDS SFTE DATA CART DESC RIPTION CONNECTED NON-CONNECTED TOTAL AREA OF 404 WETLANDS a) Shoresi.de Shopping Centre 5.72± AC 6.70± AC b) Residual Commercial/Sewage Disposal 6.51± AC 2.87± AC c) Multi-Family/Sewage Disposa l 35.85± AC 9.56± AC .d) Section 10 45.5± AC 21 .2-- AC . e) Section 8 15.7.1± AC 13.73± AC f) Covered Bridge Road - g) Phase 5 51, 81 AC 6.93 AC h) Radcliff. Court 1..39'- AC -0- WETLANDS AREA TO BE FILLED a) Shores.i.de Shopping Centre 4.15± AC 4.46± AC b) Residual Commercial./Sewage Disposal -0- 1.07' AC c) Multi-Farni..ly/Sewage Di.spnsal 0.29± AC 3.98± AC: ,d) Section 1.0 -0- 0.11*- AC e) Section 8 -0- 0.08± AC f) Covered Bridge Road -0- 0.62± AC g) Phase 5 1.421 AC 0.071 AC h) Radcliff Court 0.23± AC -0- WETLANDS VOLUME OF FILL a) Shoreside Shopping Centre 24,000± CY 2,500± CY b) Residual Commercial/Sewage Disposal -0- 480*- CY c) Multi.-Family/Sewage Disposal 1.400± CY 20,000- CY d) Sect Lon 1.0 -0- 200± Cy e) Section 8 -0- 380±- CY f) Covered Bridge Road -0- 2,5001 CY g ) Phase 5 5390-t CY 170 1 CY h) Radcliff. Court 875-- CY -0- WETLANDS IMPACTED a) Shores Lde Shopping Centre 0.25:t AC 0.38± AC b) Residual Commercial/Sewage Disposal -0- 0.014± AC c) Multifamily/Sewage Disposal 1.53± AC 0.66± AC d) Section 10 -0- -0- e) Section 8 -0- -0- f) Covered Bridge Road -0- -0- g) Phase 5 -0- -0- h) Radcliff Court -0- -0- TOTALS Total Area of 404 Wetlands 162.48 1 AC 60.961 AC Wetlands To Be Filled 6.09= AC 10.331 AC Wetlands Volumd of Fill 31,6651 Cy 26,2301 CY Wetlands Impacted 1.781 AC 1.0541 . AC' e e PED-979 TOTAL WETLANDS S/TE OA TA CHART -KITTY HAWK WOODS llrrl HANA' ATLANTIC /OMNSH/P DARE CouNTr NMI" CAROLINA OWAE'R? A'II7r mAwx *moos PARINERSH/P ADDRESS. /o. 6oA, 7.9 ,I7rr HAW", NC 77P49 P7A7NE f117/ 76/ - MIS S STROUD ENGINEERING. J..F,, N Z y '2 2 `? y. n y ?? la o n c M a a O y ? n O ? Y? C 2 O ? n O .' O ? y I i ? ? a p y q r `t ?S CS n 2 - O n a a 0 0 a ? 2 r 0 O o ?± a ti n n 0 ?c :m a I<- ! m =I`iaY ry y 2 i ,, -Tj P, I N M N n i L r F 0 f f , t . r ' t i ?1 N 22a ? a ? a a 2 `. 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O m Gi O p ? r ? ?1 d a , m n ' _? b ` r O a to O Q) =• m 0 0 0 a a U p 2 m p O O nc _ 03 n W p n m . r chi 0 a a a ? O o a ? 2 ,ti.1?t?r:r••rry?r, ti ? ' o : Il;,f .I.if? 11?' ' ? ?1lt II :t f r a z O y,y A ?, ? a a 2 y ; ? A mm?? 0 rri rn 2 f ? p C7 A y 0 0 0 l A 3i m 8 2 0 0°? I 0 a 8 ) 0 Q m i I k? r 2 0 .? S r a O a O ?n r n, r ' n 7 1 O h? n h ? t.o ,, N C z a , v I'X •^ c `iQ il i; F a O t I ?s I? l ' o I I ? L n c C m rn rt o y r I^ r a D r' a 2D A a 2 r O R O O O A 2 rE O ?t ? m o h O ? o u A m w ? a a ? o b oti°; O ,m 2 O O ? O V O i? 2 F) C) d U . - ? ?11(r r S n ~ ti a ^ ^ n O 2 Z v+ o 0 u ? a ? c x 0 o " a y 7 n O I - a i H ZR€ = v `O ? ? 1 ? u •, .,q O. ? iQ L I ? ? I I n ? s ? O ? 1 h I i ?c c c x y O C O ' m N •, (` ? to 4 ? . ? l I i F F F ' ry- ry- ry- :. n n L n n r A 0 0 o n ? o A ? a" Z n n ? n c ° a rri a t` O O ? hl y T O n ti m i O p O O O y O -F 1 I k r, ril C) 2 . _ O ? F r r ? o 0 a n ? n n O n O ? ?1 O r 'o l I\ r ti(? rn ? l f ' VAR 4'SHOULDER I I' SLOPE I . 40 6 J -- 20' PV MT. 1 10 1 4' PER 1 2• ?•.: ?. FILL • TYPICAL EXISTING GRADE OVER 404 WETLANDS • 6" ABC STONE BASE • 2' TYPE T' 2 ( WITH LIQUID ASPHALT PRIME COAT ) 3It TYPICAL STREET SECTION (ROADWAY FILL OVER 404 WETLANDS ) 20 - 3' 2 10, 1/4'PER I'CROWN FILL TYPICAL EXISTING GRADE DRIVEWAY OVER 404 WETLANDS _ TYPICAL DRIVEWAY SECTION (DRIVEWAY FILL OVER 404 WETLANDS) n /j., STREET d DRNEMY SECTIONS K/TTY HAWK _ WOODS _ r/TTY NAwx ATLANTIC MWNSN/P DARE COUNTY Nomr, CIROLLNI OWACR A'/T)')' /LAM'A' MX)DS PANTNCRSANP L•L;b6AD ADDRCSS. r a so, :.9 .ItfrNC 7791•/ ----- PMONZ L!/9/ 7AL - trig _ G/EL•AM iL a'_--_ .S\ STNOUD ENWNF,EAfNG• P.A. Al„rD Lrs LA- / 6 ` re-' ' 4 r 17 M1! /T! -: •t .. ./CAC[(, t +tlr /j_ or _(L_ INTRODUCTION: Kitty Hawk Woods Partnership owns or controls approximately 1100 acres of property located in the Town of Kitty Hawk, North Carolina. A large portion of this property consists of undisturbed maritime forest. Tide forest areas cover a relic ridge system and extend from areas fronting on tile, Currituck Sound eastward to a present day dune line located in the Town of Kitty Hawk. Throughout the maritime forest area, property is characterized by high ridges and low swales between the ridges. Most ridges run in a north/south direction. Most of the swale areas between the ridges consist of areas of wetlands. Some of these wetland areas are connected throughout an entire swale area and some are isolated with no surface water connections. For the purpose of this application, the partnership has acknowledged the jurisdiction of the U. S. Army Corps of Engineers and further jurisdiction of certain agencies of the State of North Carolina relative to the development of wetland swales and pockets. To understand this permit application, it is necessary to be familiar with the steps that have taken place leading up to the completed application itself. These steps are outlined in the following paragraphs. Primarily for economic reasons, the partnership began to form plans for the development of a commercial area of property located in the northeastern corner of the 1400 acre tract. The commercial development proposed was the construction of a retail shopping area. The most logical method of developing the commercial area (which was already zoned properly for commercial development) called for direct filling of certain areas of wetlands. The partnership had already explored separately the possibility of developing a large area of maritime forest consisting of approximately 450 acres located in the center of the Kitty Hawk Woods. Because of zoning requirements applicable to this property and because of the topography and the ridge acid swale system that exists within the woods, options for development of this area were more limited. The partnership conceived of a proposal under which the large central area of the maritime forest would be protected from development and placed into public ownership. The original concept called for this conveyance or dedica-tion to occur to offset or to mitigate the fill. that might be required for the development of the commercial area. In order to determine whether this concept would be acceptable, a preapplication meeting, was held on May 16, 1989. The purpose of the meeting was to review tine areas of the 2 proposed project and the impact on wetlands and forest areas. Among others who were present at the May 16th meeting were representatives of the U. S. Army Corps of Engineers, the U. S. Fish and Wildlife Service, The Nature Conservancy, North Carolina Wildlife Resources Commission, North Carolina Natural Heritage Program, North Carolina Division of Coastal Management and the Town of Kitty Hawk. The meeting included a physical tour of the property, consisting of a field trip to the center of the main area of maritime forest arid trips to the - area proposed for commercial development. As a result of this first meeting, a direction was established for proceeding with the permit- application. First, it was clear that the agencies represented at this meeting felt that conditional approval could be obtained for, some of the proposed development based on the concept of mitigation proposed by the partnership. This initial approval was very tentative and would require considerable attention to detail in order to address all of the concerns that were expressed by the agencies represented. Second, it was clear that the permit application would need to address all wetland impacts throughout the entire 1400 acre project controlled by the Bitty Hawk Woods Partnership. In this way, the application would be all inclusive and would serve several purposes. Future piecemeal development applications could be avoided by single application. In addition, control of the entire mitigation area at a time when the area is owned arid controlled by one developer would allow the mitigation concept to be adopted as broadly as possible arid prevent future reductions in size or scope of the mitigation proposal. The meeting established three underlying concepts: 1. Avoid impact on wetlands where possible. 2. Restore and create wetlands to result in no net loss where impacts are required. 3. Donate a significant portion of the maritime forest to preserve the maritime forest habitat. Due to an oversight in scheduling, representatives of the Division of Environmental Management for the North Carolina Department of Natural Resources and Community Development were not present at the May 16th meeting. A separate meeting was held with those representatives on July 12th. A final meeting occurred on the 19th of July in which all of the affected agencies were represented as listed above. Prior to this meeting, the partnership had arranged for extensive surveying and engineering work on the entire 1400 acre parcel. Based on this work, the represented agencies were able to review- 3 physical surveys showing the location of wetland areas in all of the properties.and the nature of the impact that was proposed for each of these areas. Each of the major impacted areas were reviewed in considerable detail with comments provided from each agency as to the proposed development. These comments resulted in changes to the proposed method of development for, the commercial and multifamily sections of the project. In addition, the comments and questions presented at the meeting of July 19th resulted in compilation of additional information concerning all areas of the project so that the full nature of impact on wetland and forest habitat could be shown as a part of the permit application. The entire permit application has now been refitted to the extent that it includes all areas owned or controlled by the partnership, explains the nature of any wetland impacts and other impacts as a result of the proposed development, sets forth the details of mitigation and attempts to incorporate the comments and requirements of the various reviewing agencies. Compromises that were reached in the July 19th meeting between the reviewing agencies and conflicting concerns of those agencies have been incorporated into the details of the development plan and are shown within the application. In summary, it is important to note that this application is a result of a series of meetings and that the impact on wetlands for the entire 1400 acre project will be controlled under one permit process. In addition, the development plans for each portion of the 1400 acre project have been adapted to accommodate the comments obtained from each of the reviewing agencies in the on-site meetings. GENERAL INFORMATION: The 1400 acre ownership is located generally to the west of the, Sea Scape Golf Course and to the east of the Currituck Sound and south of U.S. Highway 158 as it divides the towns of Kitty Hawk and Southern Shores. Town zoning categorizes the property into four classes: 1. Commercial- approximately 60 acres.. 2. Multifamily - approximately 97 acres. 3. Single family residential lots - approximately 300 acres. 4. Single family residential lots low density (80,000 square feet minimum) - approximately 937 acres. 4 (Acreage figures shown above are approximate. Reference should be made to each individual project later in this permit application and the exact acreage figures which are computed for all wetland impacts.) Most of the acreage involving this project is included within a large area of maritime forest. This area has been designated by the State of North Carolina as one of the largest contiguous maritime forests existing on the barrier islands. The unique aspect of this application is the fact that so many acres are controlled by one developer. This has allowed the permit process to affect the total acreage referred to which includes all. or substantially all of the Kitty Hawk Woods maritime forest area. The opportunity to control the affect on this maritime forest and to prevent fragmentation or development of the central area of the forest is fairly unique. The maritime forest area consists of forested ridge swale systems with a north-south orientation. The ridges have elevations of 5 feet to 25 feet above sea level. The depressional swales lie between the 2 and 4 foot contours and are designated 404 Wetlands by the U.S. Army Corps of Engineers. All wetlands are flagged, surveyed and certified by Corps representatives. The ridge flora contains mostly loblolly pine, oak, hickory, dogwood, beech and holly. The plant composition of wetlands is largely red maple, red bay and sweet gum except the deeper wetlands which have cypress and black willow. WETLAND IMPACTS/DEFINITIONS: The focus of this application is the impact of proposed development on wetland areas. Initially, the developer viewed these impacts in two general categories. The first category was the direct creation of new land by filling wetland area.s. The second category was the incidental filling of wetland areas for crossing systems using culverts to allow water flow between divide-d wetland areas. All affected wetlands within the project are areas designated as forested wetlands. There are no ocean hazard areas, no coastal wetlands such as marshes and all wetlands impacts, whether by direct fill or by crossings involve the maritime forest or wooded areas of the project. As a result of the different meetings involving this project, it has become clear that different agencies interested in the project define wetlands in different ways. In addition, the nature of the impact on wetlands and the type of wetlands may be viewed differently by different agencies. For this reason, we have developed a set of definitions relating to the wetlands that will apply in the narrative and maps-for this permit. 5 ADDENDUM TO JOINT APPLICATION TABLE OF CONTENTS INTRODUCTION GENERAL INFORMATION WETLAND IMPACTS/DEFINITIONS 1. Connected vs. Non-Connected. 2. Wetlands Impacted. 3. Wetland Area to be Filled. 4. Total Area of 404 Wetlands. ECONOMIC AND FINANCIAL StATUS INDIVIDUAL PROJECTS I. Commercial Shopping Center Project. II. Multifamily Site. III. Residential Subdivision Lots. IV. Eckner Street Ridge. V. Maritime Forest. VI. East Side of Kitty Hawk Woods Main Road. VII. Ten Acre Lot Subdivisions (Bitty Hawk Woods, Phase I and II). VIII. Kitty Hawk Woods, Section 8. IX. 100 Acres of Sound Front Property. X. Radcliff Court, Old Subdivision Project. MITIGATION PLAN I. Donation of a 135 Acre Tract II. Conveyance of 3 Parcels Totaling 100 Acres III. Offer to Sell 320 Acres IV. Restoration of 23 Acres of Wetlands V. Restrictive Covenants, Conservation Easements ADDITIONAL INFORMATION 1. Connected vs. Non-connected. Early in this permit prov,ess, the Corps of Engineers took the position that no isolated wetlands exist. The developer has chosen not to argue or contest that point as a part of this application. However, certain areas within the project which are designated as 404 Wetlands are clearly not connected with adjacent bodies of water by any surface water connection. These would include, by way of example, areas in the center of the woods consisting of pockets within ridge systems in which, water sometimes stands during periods of heavy rainfall. Without attempting to label such areas as isolated or adjacent wetlands, due to the jurisdictional affect of such a label, the developers have nevertheless needed to separately identify those wet areas. For this reason, we have identified certain acreage as connected wetlands and certain acreage as non-connected wetlands. It has been clear from the conferences with the various agencies that a distinction between such wet areas needed to be made and this is the method we have used for that purpose. 2. Wetlands Impacted (Not Filled). For the purpose of this permit, acreage calculations are shown labeling the area of wetlands that are impacted by the proposed development but not filled. The term "impacted" includes areas that are excavated, cleared and those areas on which buildings or other structures are to be constructed, including buildings on pilings. 3. Wetland Area to be Filled. Areas in this category would be directly filled by fill material and could be distinguished from those areas "impacted" as defined in the preceding definition. 4. Total Area of 404 Wetlands. These areas are those computed using the definition of wetlands in accordance with the review of the property by representatives of the U. S. Army Corps of Engineers. Wetland areas where construction is, proposed have been,located and ide°fified by a private consultant, flagged and surveyed a.,d the resulting information has been ?or will be certified by the U. S. Army Corps of Engineers. All affected wetlands within the project are areas designated as forested wetlands. There are no ocean hazard areas, no coastal wetlands such as marshes and all wetlands impacts, whether by direct fill or by crossings involve the maritime forest or wooded areas of the project. The composite map accompanying this permit contains a wetlands site data chart. In addition, each individual map shows information setting forth affected wetlands and wetland site data as it applies to each individual project. Those maps are coded to identify- the different projects alphabetically. The corresponding project numbers are set, forth below. 6 a) Project I b) Project I c) Project II d) Project IV e) Project VIII f) Project IX g) Project IX h) Project Y ECONOMIC AND FINANCIAL STATUS: The Kitty Hawk Woods partnership acquired title to the majority of the acreage by purchase from F. Roger Page. The partnership has owned the property since 1987. There are two lenders holding mortgages on the property composing this project. The first.is a purchase money mortgage covering areas of the commercial section and certain acreage adjacent to the Currituck Sound which is held by Roger Page. The remaining property is mnn"m"m"wA A" mAn Uncww hwl d K" A"-f- At 1 -f i n Q-4-n- P-M, divided into different ownership and would probably be subject. to the threat of some type of development. INDIVIDUAL PROJECTS: The following paragraphs described the different portions of the entire 1400 acre project. Each individual section is identified as a separate project with an explanation of the nature of the proposed development and the wetlands impacts. I. Commercial Shopping Center Project. This project is located in the northeastern corner of the 1400 acre project and is generally south of U.S. 158 and west of the Sea Scape Golf Course. Zoning covers an area of approximately 60 acres zoned for commercial development by the Town of Kitty ' Hawk. Within the commercial zone, the characteristic ridge system exists so that the western side of the 60 acres contains most of the high ground along with a separate ridge on the eastern side and generally- wet. areas located in t:Yie center. In addition, several smaller separated areas exist that are not directly connected with the large suet area in the center of the property. The developer proposes to create a commercial shopping center on this site. The main portion of the center would be located in the existing high ridge systems with supporting parking and roadways also located on the ridges. However, in order to accommodate access to the property and to allow for sufficient parking to meet town requirements, and to provide the most economical development of the property, it is necessary to fill certain wet areas. Approximately 1.01 acres would be filled for the-purpose of providing access roads leading south from U.S. 158 at or near the intersection with Juniper Trail. The roadway would be filled for a width of 40 feet to a height of 1-•5 feet with a right of way of 60 feet. A second category of fill consists of 8.61 acres of wetland which would be filled to a height of 1-5 feet for parking and building adjacent to the major development on the higher elevation areas. The total estimated fill area for the 60 acre project is 9.62 acres. The area impacted but riot filled is approximately 0.64 acres. Because of the nature of the commercial parcel, extensive mapping was required for this permit. Most other- projects addressed by this application did not require as much information to be shown on maps and surveys. The commercial project did require a storm water plan. Application for approval of the storm water plan is in progress and will be filed prior to completion of the 404 permit application process with the North Carolina Division of Environmental Management. Only the commercial project required a detention pond system. Certain ponds are shown on the information attached with this 9 application, although the entire storm water treatment and runoff plan is not shown. However, as a result of the July meeting, the large area for a storm- water pond was relocated out of the wetlands areas to the extent that relocation was possible. Approximately 0.63 acres could riot be relocated. This commercial site contains the highest market value property within the entire 1400 acre site. For, economic reasons, the developer needs to be in. a position to develop the acreage specified including those areas with fill in order to be able to pay the obligations to creditors outstanding for the entire project. As a result of the last on-site meeting, the location of the roads within the commercial section has been rearranged so that the southern 800 feet does not require fill in connected wetlands. As mentioned in other parts of this application, the. commercial site contains the only significant area of direct fill to create property for development use (as opposed to areas of fill for wetland crossings.) It is important in this context to recognize the location of the commercial area within the entire 1400 acre project as well as its location with refererice to the maritime forest and other areas surrounding this project. Bordering the commercial area on the north is a main access highway providing approach to the Outer Banks. This highway is already developed and improved for six lane traffic. To the east of the commercial area is the western edge of the dune system that continues easterly to the Atlantic Ocean shoreline. This area has already been developed with a combination of roadway intersections, residential development and commercial development. The western side of the commercial site is bounded by a large (95 feet in width) power line easement providing power service to the central portion of the Outer Batiks. On the opposite side of the power line easement is a residential subdivision that has already been developed. A review of all of these adjoining areas will show that the commercial site itself is already isolated from the largest areas of ecological concern. - SHORESIDE SHOPPING CENTRE: Total Area of 404 Wetlands Wetlands Area to be Filled Wetlands Volume of Fill Wetlands Impacted CONNECTED NON-CONNECTED 5.72 +AC 6.70 +AC 4.15 +AC 4.46 +AC 24,000 CY 2500 CY 0.25 +AC 0.38 +AC 10 RESIDUAL COMMERCIAL TRACT: ' CONNECTED NON-CONNECTED Total Area of 404 Wetlands 6.51 +AC 2.87 +AC Wetlands Area to be Filled 0 1.01 +AC Wetlands Volume of Fill 0 480 C1' Wetlands Impacted . 0 0.014 +AC II. Multifamily Site. The multifamily site is located to the south of the commercial site described in Project I above and is generally bounded by the Sea Scape Golf Course on its eastern boundary and the North Carolina'Power right of- way for a main transmission line on the west. The property is presently zoned for multifamily use and existing high ground within the multifamily site would allow a density of approximately 225 townhouse or condominium units on a total of 97 acres. Wetland fill for road crossings totals approximately 0.84 acres of roadway. Roads in this area would be constructed with 40 feet of width and 28 feet of ABC stone base and 2 inches of I-2 asphalt paving. The largest portion of the crossings are required to connect the eastern and western areas of high ground presently divided by a large swale containing standing water. Attached hereto is a wetland description prepared by John Fussell. Reference is made to this description.. The initial proposed site had contained a number acceptable to the reviewing meeting, the development undergone major revisions. below: development plan for the multifamily of characteristics that were not agencies. As a result of the July plan for the multifamily site has Some of these changes are emphasized a. The original proposal called for excavation of a large central area of wetlands to create a large pond or lake. The developer has abandoned this aspect of the jzoject. The only large area of this kind is the exis ing open waterway located in the southeastern corner of the multifamily project. b. The developer had originally intended to provide two main wetland crossings and create a loop system through the wetland area. The developer has reduced the crossings to one single crossing area and has abandoned the loop roadway. C. Representatives of the reviewing agencies in the July meeting felt that a relocation of the roadways and buildings in the project would be desirable if it would save the ridge systems. The consensus at the meeting was to concentrate development in those areas containing separate wetlands, including ponds, in order to avoid development in areas surrounding the central 11 wetland that dominates the project. As a result, the developer has relocated the buildings and parking lots to allow for that type of arrangement. This has resulted in a higher impact on wetland areas than called for in the original developer's plan. However, it should be noted that most of these impacts are not as a result of fill and that much of the impact has been shifted from connected wetlands to rion-connected wetlands.. Rather, a considerable part of the impact is the result of locating buildings on pilings and other structures over the 404 Wetland areas and some areas of fill in the separate pockets. All of these relocations were the result of the attempt on the part of the developer to comply with the comments made at the last review session in July. A sewage treatment plant is proposed to provide service to the multifamily area as well as to the adjacent commercial sections to the north. The sewage treatment plant is addressed tinder this section because the main area for location of the plant is contained within the multifamily zone. It is important to note that the sewage disposal will not result in any deforestation or wetland fill or impacts. This is accomplished by locating the underground drain lines within the area of the power line right of way. Since this right of way is already cleared, it will riot be necessary to clear new areas in order to provide the sewage disposal system. In addition, the right of way follows an existing high ridge system. CONNECTED NON-CONNECTED Total Area of 404 Wetlands 35.85 +AC 9.56 +AC Wetlands Area to be Filled 0.29 AC 3.98 AC Wetlands Volume of Fill 1400 CY 20,000 CY Wetlands Impacted 1.53 +AC-bldgs 0.66 +AC-pond III. Residential Subdivision Lots. This area is already developed with roads and central water system in place. The development consists of residential lots located immediately adjacent to the Sea Scape Golf Course. No permits are required for development within this section. The properties in the section are identified as Kitty Hawk Woods, Sections 6 and i. The purpose of including these properties within the permit narrative is to provide an example of a method of development whereby wetland impacts are minimized. Within the two sections of residential subdivided lots-, all lots contain at least 15,000 square feet, exclusive of wetlands. In addition, all lots have been designed so that no wetland impacts will occur upon creation of driveways to the residential building sites. In some cases this has required the creation of lots in excess of 30,000 square feet. Approximately 50 acres are included within these two residential subdivisions which are characteristic of 12 other areas within the 'ridge and swale systems of the Bitty Hawk Woods project. Development of these areas occurred during the past two years preceding the application and is referenced as an example of the. type of development sponsored by the kitty Hawk Woods Partnership. The development. of property in Project IV would be similar to this type of development. IV. Eckner Street Ridge. This area is a 'small ridge system located to the south of Eckner Street, east of the North Carolina Power line transmission right of way and west of the project described in Project III. It is separated from kitty Hawk Woods, Sections 6 and i_(Project III above) by a large swale area containing extensive water systems. Development of this ridge into single family lots, designed in the same manner as Project III, would result in approximately 20 residential lots. This development cannot occur without a zoning change presently under discussion with the Town of Kitty Hawk. Present zoning allows for single family residential but requires a much lower density and would not permit the development into as many lots. No wetland fill is required for development of this subdivision with the exception of certain driveway crossings for isolated areas of high ridge systems. CONNECTED NON-CONNECTED Total Area of 404 Wetlands 45.5 +AC 21.2 +AC Wetlands Area to be Filled 0 0.11 +AC Wetlands Volume of Fill 0 200 CY Wetlands Impacted 0 0 V. Maritime Forest. This portion of the project consists of the central maritime forest area and composes a majority of the acreage owned by the Bitty IIawk Woods, Partnership. The property is bounded on its easte_-rr side by Lne North Carolina Power line right of_ way. The power line follows a high ridge system that has been cleared and supports the power line and the power line access road. On the western side, this area is bounded by the main road running through kitty Hawk Woods and by residential lots fronting on that road. On the north, a residential subdivision exists that is not included within the Kitty Hawk Woods project. The subdivision was developed based upon plats recorded in the early i570's and is not associated with this project. On the south, the property bounds other areas that are generally similar to the maritime forest composing this project. However, these areas are not controlled by or connected with this project. The southern properties are owned by various adjacent property owners. The maritime forest area consists of two parcels, the designation of which ha.s been created for the purpose of these 13 permit applications. The first parcel is an area of 135 acres located at the southern end of the maritime forest area owned by the developer. This area has been designated as the donation (I The proposal calls for a donation of 135 acres to The Nature Conservancy, the Town of Kitty Hawk or to some other entity or organization capable of maintaining this acreage in its present state. The proposal calls for conveyance of this property in fee simple, free and clear of any and all encumbrances. At the time of the original meeting, participants inspected the, site and found it to be composed of high ridges with swale systems. The ridges consist of loblolly pine, beach, dogwood species and with the occurrence of an uncommon species known as the southern twayblade. The wetlands are richly forested with mature cypress tress. The proposal calls for the creation of conservation easements along with the donation and In addition, the lender has indicated its consent.to a conservation easement that would be imposed against this property once the obligation for purchase was established. This easement is discussed further in the portion of this application dealing with mitigation. In combination, the donation and sale parcels will allow for the control of most of the maritime forest existing within. the Town of Kitty Hawk with existing buffers in the form of the North Carolina Power line easement and the main road running through the woods in Kitty Hawk. One advantage to the proposal is the fact that the entire acreage is presently controlled by the Kitty Hawk .roods Partnership and is not fragmented. In addition, only one lender carries mortgages on this property and this lender supports the entire application process. VI. East Side of Kitty Hawk Woods Main Road. Following the eastern boundary of the Kitty Hawk Woods main road is a ridge system on which the main road itself is located. This ridge is bounded on the east by the area described in Project V, the maritime forest. Present development is limited by the zoning ordinance for the Town of Kitty Hawk which requires very low density development on a single family basis. The developer proposes to develop lots fronting on the Kitty Hawk Woods main road with an approximate total of 20 lots. A zoning change is required in order to result in this many lots. The nature of the change would still require a low density development with 80,000 square foot lots. In some of the original discussions, the area covered by this Project VI had been included in the proposed donation or sale to the conservatory agencies. However, calculating the funds that could be expected to result from a sale of the maritime forest and comparing those amounts with the required payments to the existing lenders indicated that the development of these residential lots would be necessary. As a c::..rollary, the price of the maritime forest may be significantly reduced by the development of these lots. No land would be created in these areas from filling existing wetlands and no wetland crossings would be required based on the nature of the property. The lots within this section will be subject to restrictive covenants. These covenants will be drawn so as to minimize impact on the habitat and will specifically prohibit filling of any wetland areas. In addition, the covenants will state that wetland crossings, if required for driveway purposes, shall be accomplished only by bridge systems and that no crossings will be permitted using culvert and fill systems. No separate map is provided for this section and the only survey information available is the information shown on the 15 composite map for this 404 permit application. The lots are designed so that they have a frontage of 200 feet along the Kitty Hawk Roar: and a depth of 400 feet. With this desig,ri, most lots in this section would riot require any crossing of any kind to reach the buildable portion of the lot. Where crossings are required, as addressed above, a bridge system would be necessary. VII. Ten Acre Lot Subdivisions (Kitty Hawk Woods, -- Phase-[ - and II ) . These subdivisions have been platted and are composed of'. a1_)pr.•oxinrately 21 ten acre lots. The property is bounded on the east by the Kitty Hawk Woods main road and runs into the interior of the sound side portion of the Kitty Hawk Woods area. A road system including bridges has been constructed within these subdivisions. Development was done in a manner to minimize wetland impacts and crossings were obtained under nationwide permits following old relic road systems. The homesites have been developed in a manner that would minimize any wetland crossings and one particular site within these homesites has been developed with a bridge system to cross a wet area. These sites are referred to as an example of the type of development that can. occur in the ridge and swale system of the maritime forest with minimum impact on wetlands and on the ridge systems as well. Th:e only additional requirements that may occur within these subdivisions would result from a widening of the existing Covered Bridge Road in order to meet requirements of the Town of Kitty Hawk. This widening would result in a wetland impact of 0.3 acres. The entire ten acre lot subdivision covers approximately 210 acres. Covenants have already been imposed on the lots within these sections requiring development in a manner that protects the habitat. Additional covenants will be proposed that will prohibit filling of wetland areas and require construction of a bridge in those instances where cro?3ings are necessary. No culvert and fill type crossings have been required under this permit for the lots within these subdivisions. VIII. Kitty Hawk Woods, Section 8. This area is located to the west side of the main road Uir•ough the Bitty Hawk Wloods and is north of the area in Project VII. The property is characteristic of the other properties in that it contains wetland swales between ridges. It is presently zoned to permit development in the same manner as'those described in Project III with 15,000 square feet exclusive of wetland for each residential lot. The property will support development of approximately 62 lots in the same manner as Project III allowing for minimal impacts. The wetland -fill within this area are approximately 0.08 acre for crossings supporting the road system. None of the lots would require additional fill for development. 16 V f The developer owns certain located to the north of Project IX. anti designates a number- of small systems. The developer desires to subdivision and to fill 0.23 acre of access to 7 lots. lots in an old subdivision A platted subdivision shows residential lots and road extend the road w i t,h in Lh i r; wet areas and thereby obtain CONNECTED NON-CONNECTED Total Area of 404 Wetlands 1.39 +AC 0 Wetlands Area to be Filled 0.23 +AC 0 Wetlands Volume of Fill 875 CY 0 Wetlands Impacted 0 0 MITIGATION PLAN: The environmental damage resulting from the discharge of fill material on the forested wetlands will be fully offset by the following mitigation plan. I. Donation of a 135 Acre Tract. The landowner. will convey to The Nature Conservancy a significant portion of this unique, undisturbed maritime forest. The conveyance will be in fee simple, interest free and clear of any liens. The tract was inspected by all participants at the May lf, 1.989 meeting. The high ridges consisted of loblolly pine, beech and dogwood species with the occurrence of an uncommon grouted cover species, southern twayblade. The wetlands were richly forested with mature cypress trees. It was agreed that this gift could result in the nucleus on which to add. other public ownership in this top priority maritime forest. For a more complete description, please review John Fussell's report on this 135 acre tract attached hereto. II. Conveyance of Three Parcels Totaling 124 Acres. Three areas of the ownership cannot be developed due to wetland problems and open space requirements on commercial tracts. Conservation easements will be conveyed to The Nature Conservancy or a fee simple interest can be conveyed if parcels are released from the bank deeds of trust. See map showing the master plan for location. III. Offer to Sell 320 Acres. A 320 acre tract, located adjacent to the maritime forest to be donated, and located in the center of top priority area protected by the state, will be offered to the Natural Heritage Trust Funds for $3,000 per acre. The offer will be available for an adequate amount of time to allow the funding of this acquisition. The price is negotiable with no profit to the 18 landowner. The only lien which needs to be satisfied is with the ba4 k holding the note and deed of trust. An installment sale is perhaps feasible resulti-ng in increments added to the donation parcel over five years. Additional details concerning this purchase and the installment sale are contained within the portion of this narrative that describes the maritime forest area (Project V). IV. Restoration of 23 acres of Wetlands. The May 16, 1989 meeting emphasized "no net loss of wetlands. Therefore, Kitty Hawk Woods will restore farmland to a forested condition. The commenting agencies agreed that the forested ridges were not to be converted to wetlands to compensate for the filling of wetland swales in Kitty Hawk Woods. The use of a remote site is recommended for our restoration work. The proposed site is located in Tyrrell County southeast of Columbia. It is a.26 r r.r•e farm tract of which 22.8 acres are upland,. iron-404 farmland. Restoring this drained farmland to a wetlands condition will necessitate removing all artificial drainage to restore the high water table. . The reestablishment of forested species will be conducted under the guidance of the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission and the National Heritage Program. Cypress and black gum will be planted on the lowest fields. Water, overcup and swamp chestnut oak will be. planted on higher elevation fields. Atlantic white cedar also can be established in fully stocked stands within this 26 acre tract. It is hoped that this restoration.area can be conveyed to a public agency when completed for future studies. Please see location and tract maps in this addendum. V. Restrictive Covenants. Conservation Easements. Several areas have been mentioned under Section II of this mitigation section as areas suitable for conveyance or the imposition of conservation easements. These areas are residual areas located between or adjacent to other sections of the development and due to the extensive wetlands located in these areas. they are not suitable for any type of development. It is important to note that these areas add a significant amount of acreage to the area composing the maritime forest in the Town of Bitty Hawk. Since they are not physically adjacent to the central area of the woods, they have riot been included in the area designated for proposed sale. When considering the total acreage that is subject to protection, these areas should be included since they do provide additional habitat. 19 t + „ . or, r In addition, restrictive covenants have been mentioned in the portions of this narrative dealing with the residential subdivision. In each- case, the restrictive covenants are intended to preserve all wetland areas and minimize any crossings. Some sections have been designed so that wetland crossings will not be necessary. In other cases, where that design was not possible, restrictive covenants will require construction of a bridge system rather than the use of culverts and fill to establish crossings to higher areas. In some cases, the application requests a permit for a fill and crossing system. However, these situations have been minimized throughout the hi-oject and a large majority of the lots proposed for development will be subject to the covenants restrictions that prohibit fill and crossing systems. To the extent possible, those areas subjected t:o conservation easements will also be subject to the same kind of controls placed on the property in public ownership. This will be accomplished either by direct conveyance or by use of the easements. ADDITIONAL INFORMATION Due to the extent of the property covered by this permit; application, it is possible that questions will arise in the review process that have not been fully addressed in.the maps or the narrative. Additional information is available to any reviewing agency as set forth below: 1. To obtain blueprint copies of the maps and plats describing the project (available in 24" x 36" sets), contact q.tr id Enineerin,? P.A., 107-B Commerce Street, Greenville, Nor Caro ina 278 - 919-756-9352. 2. For information regarding mitigation and for questions relating to the quality of the donation area an(, the area proposed for sale to public ownership, questions should be directed to John Fussell, 1412 Shepard Street, Morehead City, North Carolina 28557 - 919-240-1046. 3. For questions concerning the financial status of the developer or questions dealing with the legal title to the property and its ownership by the partnership, contact Starkey Sharp, SHARP, MICHAEL AND OUTTEN, Attorneys at Law, Post Office Drawer 1027, kitty Hawk, North Carolina 27949 919-261-2126. 20 v .J . ?? I ?U L? ftitl?s'!h 1 ? i i9FZ /17 G LoG4--7% ?h P \ rA r e' ;z i ^? r 1 A mac., ?? ?G 1 J 1{ r -?t)4. i, l ZZ. a E \X/OOP5 T• Z A Kittig Hrtwk"boils .,.., . ...,. .., vn-rv U A%AIV wina-ru r'Artr .0 WA ')'7QAQ 919-261-22SII L L` ?! ! C -1 Cr??? 4 .? A w ' / ?(U ) D1VISIUN UY COASTAL MANAGEMENT • FIELD INVESTIGATION REPORT -Z. 2. APPLICANT'S NAME Town of Columbia LOCATION OF PROJECT SITE The site is located in Tyrrell County in the Town of Columbia off US 64-on a manmade canal adjacent the Scuppernong River. 4-16, 4-17 P-22, P-23 PHO'T'O INDX: 1989: #63-9;.R-16, R-17, 1984: #100-941; Q-22, Q-23, STATE PLANE COORDINATES: X: Z,813,200 Y:-'/99,IUU 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 7-31-91 (B) WAS APPLICANT PRESENT No 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 7 August 1991 OFFICE Washington 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Tyrrell County .LAND CLASSIFICATION FROM LUP Developed DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None noted (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS X -ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREAZ14MT: PLANNED NA (F) TYPE OF STRUCTURES: EXISTING None PLANNED Asphalt roadway with culvert crossing (G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS Area for roadbed AREA DREDGED FILLED OTHER + bb9U sq. . (B),NON-VEGETATED WETLANDS: Canal bottan 900 sq.ft. + 900 sq.ft. (C) OTHER: Highcground + 45,000 sq.ft. +45,000 sq.ft. (D) TOTAL AREA DISTURBED: + 54,590 sq.ft. 8. PROJECT SUMMARY: The applicant long raved road which will cross an culvert will be used at the canal c will be filled for the construction EXISTING NA to construct a 20' to 24' wide by 1150' ateiv 20' wide manma a canal. . A7WWiv^.uLL(;L%.-Lv 7.17v xl.l l.. Project setting The applicant's property is located in Tyrrell County off US 64 in the Town of Columbia on a manmade canal adjacent the Scuppernong River. The site varies in elevation from 0' to 2' above the NWL. The property is bordered on the south by wooded wetlands and a 0.85 acre abandoned sawdust pile. To the north, the site is bordered by an undeveloped lot vegetated with mixed hardwoods, shrubs and upland grasses, and a town boardwalk ends at this property line. The northern one-third of the project site is predominantly highground vegetated with upland shrubs and grasses. The middle section of the property has an existing berm created when the adjacent manmade canal was excavated in vegetated wetlands. The berm is vegetated with pines, and some mixed hardwoods (gum, maple, cypress), and upland shrubs and grasses. The manmade canal averages 15' in width and is approximately 480' long. The canal contains various species of aquatic vegetation and is bordered on both sides by vegetated wetlands. The vegetation in this wetland area is mixed woody shrubs, mixed hardwoods (gum, maple, cypress), and grasses (including Phragmites). The southern one-third of the site is predominantly highground vegetated with upland grasses and a few hardwoods. The canal is manmade and connects into the Scuppernong River which is classified SC waters by the Environmental Management Commission. Project description The applicant proposes to construct a 20' to 24' wide by 1150' long paved road which will cross an approximately 20' wide manmade canal. The majority of the road will be constructed on highground or on an existing berm. Approximately 9590 square feet of vegetated wetland will be filled for the construction of the roadway. A 36" culvert will be used at the canal crossing and will be armored with rock riprap. Anticipated impacts The project would result in the filling of approximately 9590 square feet of wetland which includes 900 square feet of a manmade canal. With the exception of small craft that may be portaged, the proposed culvert crossing will close to navigation approximately 330' of the terminal end of the manmade canal. The project would result in localized turbidity associated with the dredge and fill activities in the canal and associated wetlands. The N.C. Department of Transportation who will build the road is proposing strict erosion and sedimentation control practices which should reduce offsite sedimentation due to the project. David W. Moye - Washington Office - 13 August 1991 A CSC 1???5 LEA Og? ,ar°r?s?eA 1` oq? e coPISS .s a441'caa, `Cpl 'i'?` pct t ash P+ 1? P>>? C° CGS• ?;U ? ?a?eat?>>3 yti9 i?cau°r ?or> ,lapt S•?a3 44 ice; ECG ertt° ,; ?Qoe o Olt tiasGGS 1Q ? atats??tta P?, :,oUsvb•ts Prof X599 ??paba?a?a?opts G?5•°n°r ?r?av'? efi? te?? Rt a Caret o eAot1?a a et P46 ?'s°raty?at o ?'eC,1? r?'?ts sew Pay ?? ? tS•S' ion°r ?;1st' Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name TOWN OF COLUMBIA Address P. 0. Box 361 If you plan to build a marina, also complete and attach Form DCM-MP-2. 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? Community use City Columbia State NC Zip 27925 Dayphone 919-796-2781 d. Describe the planned use of the project. Part of the revitalization of _- downtown and public access Landowner or X Authorized agent b. Project name (if any) Water Street Extension Project c. If the applicant is not the landowner, also give the owner's name and address. Conservation Fund 'Suite 120 1800 North Kent Arlington, Va 22209 2 -LOCATION OF PROPOSED PROJECT 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 45' X 1150' b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum + 2' d. Soil type(s) and texture(s) of tract Tomotley soil/Tomotley fine sandy loom a. Street address or secondary road number Water Street (new) e. Vegetation on tract local natural tree stock b. City, town, community, or landmark Town of Columbia f. Man-made features now on tract N/A c. County Tyrrell g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) A. Is sed w o rk within city limits or planni ng F, %111W jurisdiction? Yes e. Name of body of water nearest project __Scupuernone River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier).Construct a paved street 20-24' wide approximately 1150' long Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? not zoned i. How are adjaC nt waters classified? j. Has a professional archaeological survey been carried out for the tract? yes If so by whom? NO Div. of ATCE-EV-, & $istory 3/91 1 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed ' N/A b. Number of lots or parcels N/A C. Density (Give the number of resi ential units and the , _ units per acre.) NIA d. Size of area to be graded or disturbed 45' X 1150' 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? No. NCDOT has sedimentation an erosion contral 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. Less than 20/ g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. marl and asphalt h. If applicable, has a stormwater management.plan been submitted to the Division of Environmental Management?No, NCDOT HAS PLAN i. Describe proposed sewage disposal and/or waste water treatment facilities. N/A j. Have these facilities received state or local approval? N/A k. Describe existN g treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industriaUcommercial effluent, "wash down"). N/A in. Water supply source N/A - n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways ormide new access. 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 $1-956cribe 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 MHW Upland fill areas Length Width Depth 170' 45' t..n ;S4te,`. 521 201 . , . µ..?,??•. .. 10001 451 b. Amount of material to be excavated from below water level in cubic yards "6? c. Type of material ___ Tomotley soil d. Does the area to be excavated include marshland, swamps, or other wetlands? yes, wooded wetland e. High ground excavation, in cubic yards 15,000 2 3/91 ti + Y f: Dimensions of it disposal area 125' X 130 top cover in approved county ru a I-le.LcL g. Location of spoil disposal area _US 64 west of Columbia h. Do you claim title to the disposal area? No If not, attach a letter granting permission from the owner, (See attached letter) L Will a disposal area be available for future maintenance? Yes If so, where? Same as g above j. Does the disposal area include any marshland, swamps, or water areas? . No _ k. Will the fill material be placed below mean high water? Yes, culvert crossing L Amount of fill in cubic yards 100 m. Type of fill material loomey fine sand n. Source of fill material NCDOT stockpile o. Will fill material be placed on marsh or other wetlands? 'Yes p. Dimensions of the wetland to be filled (20' X 521) (45' X 1701) q. How will excavated or fill material be kept on site and erosion controlled? Fencing. strenzent erosion Sedim- entation methods used by NCDOT, slope, seed, fence, gutter r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragline & backhoe s. Will wetlands be crossed in transporting equipment to project site? _YesIf yes, explain steps that will be taken to lessen environmental impacts. wooden mats 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 40' b. Average distance waterward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet 0 d. Type of bulkhead material N/A e. Amount of fill, in cubic yyards, to be-placed below mean high water N/A f. Type of fill material stone riprap 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the aresto 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 3 'Jim Savery Name US Fish & Wildlife Address Route 1. Box 195B reswe , HC 27928 Name G. A. Deaver Address Route 2 Box-94 UOIUMbla, NO 27925 Name Address. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Yes, CAMA Permit # 37-90 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. 113A-1 to 10). d 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the ZS day of , 19D X Fa??27 -ewe Landowner or Authorized agefit glO1 ATTACHMENT A TOWN Off' COLUMB=A WETLAND CONCERNS In order to construct Water Street we are unable to route the street in such a manner as to avoid wetlands. The attached maps will show that we are impacting wetland in two locations. The first area contains 6,488 square feet. We have laid the street out in such a manner as to avoid as much wetlands as possible, instead of a gentle curve it has been designed with a 90 degree curve at the point we cross the ditch and enter wetlands in order to minimize the impact. The ditch which is very shallow will be crossed by tiles since the construction of a bridge would be cost prohibitive. Refer to the former narration concerning the impact on the minority community. The second area of wetlands in minuscule. It is an area where Cypress Street will intersect the new Water Street and affects approximately 130 sq. ft. The reason for having to deal with Cypress Street is due to the fact that this entire tract has been subdivided by the previous owner and lots on the east have been sold and these property owners must be given ingress and egress to their properties. We have looked at rerouting Cypress Street across the lands of the adjacent property owner; however, that is a commercial lot and there are currently nineteen heirs who own the lot with two of those being minors. It is impossible to get them to give us the right-of-way since it makes the balance of their lot not profitable for a commercial establishment. The units of government do not want to exercise the right of eminent domain for such a small area and feel it will better serve the project by having a commercial site in that location. Town and County officials have been working with the U.S. Fish and Wildlife staff with the Posocin Lakes National Wildlife Reserve concerning mitigation for the impacted wetlands. On the site there is a sawdust pile that has been inactive for over forty years. The sawdust pile is to be removed by the PLNWR and after removal will be restored as a wetland similar to the adjacent property south and southwest of the site. A description of this plan is attached. Mitigation Plan Water Street Extension, Town of Columbia oil This is a mitigation proposal for alteration of 6,618 square feet of wetland for the construction of roadway in the town of Columbia. The roadway construction involves the extension of Water and Cypress Streets (see application map). Vegetation on the wetlands consists of young red maple, Catalpa, mulberry, cypress, a few sedges, honeysuckle, and spikerushes. The largest wetland is a depression with scattered trash. The trash consists of vehicle tires and rusted steel. The mitigation site is immediately adjacent to the impact area, Scuppernong River and the Town of Columbia playground. It consists of a large pile of sawdus ated in a wetland. The sawdust pile is 37,000 square feet o 0.8 acres in size. The sawdust is 8-10 feet deep in some areas contains approximately 10,000 cubic yards of material. The Pocosin Lakes National Wildlife Refuge, U.S. Fish and Wildlife Service, proposes to reclaim the wetland by hauling the sawdust in dump trucks to a disposal site. Loading will be done with endloaders. Caution will be exercised to prevent erosion and sedimentation from entering the Scuppernong River during construction. The goal will be to restore the original topography and hydrology to the site. After removal of the sawdust, the refuge will plant 50 cypress trees and 50 water-willow oak trees. The rest of the site will revegetate naturally. The project will be completed within four years from the date of permit. M r d ? ? ?1 T n ? N 0 ?o n o L cn n ? ti 0 y? ? O n Z i ' •?. ?. tea' - - ?? r A ? o State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 1424 Carolina Avenue • Washington, North Carolina 27889 James G. Martin, Govemor William W. Cobey, Jr., Secretary 13 August 1991 MEMORANDUM TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Columbia Roger N. Schecter Director Project Location: Columbia off US 64 on manmade canal adjacent to Scuppernong River, Tyrrell County culvertcrossing, Proposed Project: Construct asphalt roadway with' • t••. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 3 September 1991. If you have any questions regarding the proposed project, please contact David W. Moye at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY L," 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 Box 1507 • Washington, North Carolina 27889 • Telephone 919-946-6481 An Equal Opportunity Affimnafm Action Employer DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW ' PROJECT NAME ""!-'elle COUNTY: PROJECT STREAM OR JACENT WATER BODY: BASIN: OPEN OR CLOSED: go- C-3 ( I IS• ) STORMWATER PLAN REQ'D:_X-(Y OR N) IF YES, DATE PPROVED: PROJECT DESCRIPTION: -- a. ASSIGNED TO:_ u DATE APP. REC'D.: (YY/MM/DD) JOINT NOTICE _? (Y/N) INITIAL REPORT: Q (YY/MM/DD) RECOMMENDATION: a S sgA*e FINAL REPORT: (YY/MM/DD) (ISSUE/DENY/OTHER) WATER QUALITY CERT. (401) CERT. REQ'D: (Y OR N) IF YES: G ERAL CERT: (Y OR N) TYPE GEN: (INDIVIDUAL CERT: (BULKHEAD, BOA RAMP, ETC.) SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED SEPTIC TANK, ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N) WATER/WETLAND FILL AREA OF FILL: WATER: QDU WETLAND: IS FILL ELIMINATING A SIGNIFICANT U . _fJ (Y OR N) DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? (Y OR N) AREA TO BE DREDGED IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N) MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATER: (ATTACH A MARINA USE ATTAINABILITY EVAL. cc: WaRO -'Dorney - Central Files - DCM: J. Parker, Morehead City, Washington, Elizabeth City Memorandum To: Jim Mulligan Deborah Sawyer M From: David W. Moye VW Subj: Application for CAMA Major Permit and/or Dredge & Fill Permit Town of Columbia Tyrrell County Date: 13 August 1991 Attached is an application for a CAMA Major and/or a Dredge & Fill Permit which was received by me on 7 August 1991. I am considering this application ?. complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 21, 1991 IN REPLY REFER TO S: October 15, 1991 Regulatory Branch Action ID. 199102992 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: A y < 9G?, c9i9 Enclosed is the application of the Town of Columbia, for Department of the Army authorization and a State Water Quality Certification to install a culvert and place fill material in the waters/wetlands of a manmade canal off the Scuppernong River, Columbia, Tyrrell County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 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 by October 15, 1991, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, telephone (919) 975-3694. Sincerely, G. a WChief, Regulatory Branch Enclosure RE-PRINT CORPORATION f rn F D ml D -l P P~ N \ ~ ~ o F -I \ ~ n. o ~ 0 v s F z 39 _ _ ~ ~ of ~ j9u ~ m P N ~ P J - _ d~. 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E? 7 Permit Class NEW STATE Department of Env for it-in-an Area of Permit Number X Major Devi . pursuant to _X_ Excavation and/or Issued authorizing devel off of Water attached plat rnnrarn(z" _ Concern to NCGS 113-229 P. 0. Box 361. Columbia 134-91 ientin Tyrrell County at Scuppernong River, east side in Columbia, as requested in the permittee's application dated 7/25/91 i n c 1 ud i sheets 1-4 of 4 dated 7/91 and Attachment A - 'Town of Columbia - Wetland Natural Resc urces This permit, issued on October 10, 1991 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Construction 1) The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. It must be of a size sufficient to prevent its movement from the site by wave or current action. 2) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials or unsightly debris will not be used. 3) No excavated or fill material will be placed at any time in any wetlands or surrounding waters outside of the alignment of the fill area indicated on the work plats. for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1994 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. c ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Columbia ADDITIONAL CONDITIONS Permit #134-91 Page 2 of 2 4) A silt fence is to be installed at the mouth of the canal prior to any dredging or filling and will remain in place until the project is completed. 5) The activity must be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction-related discharge (increases such that the turbidity in the stream is 25 NTUs or less are not considered significant). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. NOTE: The Division of Environmental Management has approved this project under Water Quality Certification No. 2131 issued on September 11, 1991. Mitigation 6) Mitigation will be provided pursuant to Attachment A to the permit application, except that the total number of each species planted shall be doubled. Mitigation shall be carried out prior to expiration of this permit which is 12/31/94. 7) Monitoring will be conducted in accordance with 401 Certification No. 2631 for five years, and annual reports will be provided to the N. C. Division of Environmental Management. 8) Material removed from the sawdust pile will be disposed of in an upland area. 0CT 10 x COASTAL RF-S6 North Carolina Wildlife Resources Commission 9 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Chief Major Permits Processing Section FROM: Dennis L. Stewart, Manager ' Habitat Conservation Program / DATE: August 29, 1991 SUBJECT: CAMA Dredge/Fill Permit, Town of Columbia, North Carolina The Wildlife Resources Commission has completed a review of the subject permit application. Professional biologists on our staff are familiar with the project and wildlife habitat values of the area: A site visit was made on August 26, 1991 to further assess impacts to wildlife and fisheries resources along with evaluation of the proposed mitigation site. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401 as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act(G.S. 113A-100 through 113A-128). The applicant, the Town of Columbia has applied fora permit to construct a 20' to 24' wide by 1150' long paved road which will cross an approximately 20' wide manmade canal. The majority of the road will be constructed on lughground or on an existing berm. Approximately 9590 square feet of vegetated wetland will be filled for the construction of the roadway. A 36" culvert will be used at the canal crossing and will be armored with rock riprap. The project, as proposed, will result in the loss of 9590 square feet of wetland habitat of which 900 square feet is canal habitat. A mitigation plan is included whereby the applicant proposes to have the U.S. Fish and Wildlife Service remove the sawdust fill at an adjacent site to elevations conducive to wetlands creation and to revegetate part of the area with cypress and willow/water oaks. We offer the following comments in regard to this application: 1. The application indicates that there is a public need for this project and our subsequent onsite investigation reveals that there are no non-wetland alternatives. 2. The mitigation plan calls for replacement of wetlands losses at a rate of 3.8 to 1 in habitat that will be of a' igh resource category. We do recommend that amounts of reforestation be doubled(from 50 to 100 trees of each species) to allow for mortality. Memo (2) August 29, 1991 3. It is also recommended that the mitigation plan be a permit condition. 4. As opposed to mitigation plans being "completed within four years from the date of permit", it is recommended that mitigation be completed within the life of the permit. We will not object to the permit if the aforementioned conditions are met. We appreciate the opportune to review and comment on this CAMA permit application. pIf we can be of further assistance, feel free to call on us. DIS/lp- cc: David Rowe, District 1 Wildlife Biologist Project setting The applicant's property is located in Tyrrell County off US 64 in the Town of Columbia on a manmade canal adjacent the Scuppernong River. The site varies in elevation from 0' to 2' above the NWL. The property is bordered on the south by wooded wetlands and a 0.85 acre abandoned sawdust pile. To the north, the site is bordered by an undeveloped lot vegetated with mixed hardwoods, shrubs and upland grasses, and a town boardwalk ends at this property line. The northern one-third of the project site is predominantly highground vegetated with upland shrubs and grasses. The middle section of the property has an existing berm created when the.adjacent manmade canal was excavated in vegetated wetlands. The berm is vegetated with pines, and some mixed hardwoods (glop, maple, cypress), and upland shrubs and grasses. The manmade canal averages 15' in width and is approximately 4-80' long. The canal contains various species of aquatic vegetation and is bordered on both sides by vegetated wetlands. The vegetation in this wetland area is mixed woody shrubs, mixed hardwoods (glop, maple, cypress), and grasses (including Phragmites). The southern one-third of the site is predominantly highground vegetated with upland grasses and a few hardwoods. The canal is manmade and connects into the Scuppernong River which is classified SC waters by the Environmental Management Commission. Project description The applicant proposes to construct, a 20' to 24' wide by 1150' long paved road which will cross an approximately 20' wide manmade canal. The majority of the road will be constructed on highground or on an existing berm. Approximately 9590 square feet of vegetated wetland will be filled for the construction of the roadway. A 36" culvert will be used at the canal crossing and will be armored with rock riprap. Anticipated impacts The project would result in the filling of approximately 9590 square feet of wetland which includes 900 square feet of a manmade canal. With the exception of small craft that may be portaged, the proposed culvert crossing will close to navigation approximately 330' of the terminal end of the manmade canal. The project would result in localized turbidity associated with the dredge and fill activities in the canal and associated wetlands. The N.C. Department of Transportation who will build the road is proposing strict erosion and sedimentation control practices w1,ich should reduce offsite sedimentation due to the project. David W. Moye - Washington Office - 13 August 1991 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT' S NAME Town of Columbia 2. LOCATION OF PROJECT SITE The site is located in Columbia off US 64-on a manmade canal adjacent the Sc, Q-16, Q-17 PHOTO INDX: 1989: #63-9;.R-16, R--17, 1984 STATE PLANE COORDINATES: X: Z,813,200 Tyrrell County in the Town of ?pernong River. P-22, P-23 #100-941; Q-22, Q-23, y: 799,100 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 7-31-91 (B) WAS APPLICANT PRESENT No 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 7 August 1991 OFFICE Washington 6. SITE DESCRIPTION: -? (A) LOCAL LAND USE PLAN Tyrrell County L AND CLASSIFICATION FROM LUP Developed DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None noted (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING NA PLANNED NA (F) TYPE OF STRUCTURES: EXISTING None PLANNED Asphalt roadway with culvert crossing (G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant 7. HABI TAT DESCRIPTION: (A) AREA VEGETATED WETLANDS DREDGED FILLED OTHER Area for roadbed + sq. . (B) NON-VEGETATED WETLANDS: Canal bottom 900 sq.ft. + 900 sq.ft. (C) OTHER: Highground + 45,000 sq.ft. +45,000 sq.ft. (D) TOTAL AREA DISTURBED: + 54,590 sq.ft. 8. PROJECT SUMMARY: The applicant proposes to construct a 20' to 24' wide by 1150' long paved road which will-cross an approximately 20' wide manmade canal. A culvert will be used at the canal crossing. Approximately 9590 sq ft will be filled for the construction of the roadway. ATTACHMENT A TOWN OF COL.TJMB=A WET LAND CONCERNS In order to construct Water Street we are unable to route the street in such a manner as to avoid wetlands. The attached maps will show that we are impacting wetland in two locations. The first area contains 6)488 square feet. We have laid the street out in such a manner as to avoid as much wetlands as possible3 instead of a gentle curve it has been designed with a 90 degree curve at the point we cross the ditch and enter wetlands in order to minimize the impact. The ditch which is very shallow will be crossed by tiles since the construction of a bridge would be cost prohibitive. Refer to the former narration concerning the impact on the minority community. The second area of wetlands in minuscule. It is an area where Cypress Street will intersect the new Water Street and affects approximately 130 sq. ft. The reason for having to deal with Cypress Street is due to the fact that this entire tract has been subdivided by the previous owner and lots on the east have been sold and these property owners must be given ingress and egress to their properties. We have looked at rerouting Cypress Street across the lands of the adjacent property owner; howeveri that is a commercial lot and there are currently nineteen heirs who own the lot with two ?f those being minors. It is impossible to get them to give us the right-of-way since it makes the balance of their lot not profitable for a commercial establishment. The units of government do not want to exercise the right of eminent domain for such a small area and feel it will better serve the project by having a commercial site in that location. Town and County officials have been working with the U.S. Fish and Wildlife staff with the P?s?cin Lakes National Wildlife Reserve concerning mitigation for the impacted wetlands. On the site there is a sawdust pile that has been inactive for over forty years. The sawdust pile is to be removed by the PLNWR and after removal will be restored as a wetland similar to the adjacent property south and southwest of the site. A description of this plan is attached. Mitigation Plan Water Street Extension Town of Columbia This is. a mitigation proposal for alteration of 6,618 square feet of wetland for the construction of roadway in the town of Columbia. The roadway construction involves the extension of Water and Cypress Streets (see application map). Vegetation on the wetlands consists of young red maple, Catalpa, mulberry, cypress, a few sedges, honeysuckle, and spikerushes. The largest wetland is a depression with scattered trash. The trash consists of vehicle tires and rusted steel. The mitigation site is immediately adjacent to the impact area, Scuppernong River and the Town of Columbia playground. It consists of a large pile of sawdust located in a wetland. The sawdust pile is 37,000 square feet or 0.85 acres in size. The sawdust is 8-10 feet deep in some areas and contains approximately 10,000 cubic yards of material. The Pocosin Lakes National Wildlife Refuge, U.S. Fish and Wildlife Service, proposes to reclaim the wetland by hauling the sawdust in dump trucks to a disposal site. Loading will be done with endloaders. Caution will. be exercised to prevent erosion and sedimentation from entering the Scuppernong River during construction. The `goal will be to restore the original topography and hydrology totS.L4e site. After removal o.f the sawdust, the refuge will plant W-cypres,s trees and water-willow oak trees. The rest of the site will revegetate naturally. The project will be completed within four years from the date of permit. • APPLICANT/PROJECT NAME : Town of Columbia • DEM #: WQC#: MAP #: 91625 2631 44 • COUNTY: Tyrrell • LOCATION OF MITIGATION SITE (LAT. AND LONG.) • DIRECTIONS TO MITIGATION SITE: Hwy 64 East tp Columbia. The site is adjacent to Scuppernong River and the Town of Columbia playground. • TYPE AND ACERAGE OF WETLAND IMPACTED:. 0.15 acres (not found) • TYPE AND ACERAGE OF WETLAND MITIGATED: 0.85 acres (not found) • DESCRIPTION OF MTTIGATION(IN FILE): Removal of a sawdust pile and planting of trees • DESCRIPTION OF VEGETATION(IN FILE): \v0-W-eypress, water willow oak • SUCCESS CRITERIA STATED(if any): none stated • WHAT IS THE PROJECT STATIS?(mark one): RESTORATION, ENHANCEMENT, CREATION, PRESERVATION • MONITORING PLAN: 5 years. Annual reports sent to DEM • WHICH, REGULATORY AGENCIES ARE INVOLVED?: DEM, DCM, FWS, COE • TYPE OF DEVELOPMENT(mark the ones that apply): RURAL, URBAN, PUBLIC, PRIVATE Mitigation Plan Water Street Extension. Town of Columbia This is a mitigation proposal for alteration of 6,618 square feet of wetland for the construction of roadway in the town of Columbia. The roadway construction involves the extension of Water and Cypress Streets (see application map). owl' FF" Vegetation on the wetlands consists of young red maple, Catalpa, mulberry, cypress, a few sedges, honeysuckle, and spikerushes. The largest wetland is a depression with scattered trash. The trash consists of vehicle tires and rusted steel. The mitigation site is immediately adjacent to the impact area, Scuppernong River and the Town of Columbia playground. It consists of a large pile of sawdus aced in a wetland. The sawdust pile is 37,000 square feet or 0.8 acres in size. The sawdust is 8-10 feet deep in some areas contains approximately 10,000 cubic yards of material. The Pocosin Lakes National Wildlife Refuge, U.S. Fish-and Wildlife Service, proposes to reclaim the wetland by hauling the sawdust in dump trucks to a disposal site. Loading will be done with endloaders. Caution will be exercised to prevent erosion and sedimentation from entering the Scuppernong River during construction. The goal will be to restore the original topography and hydrology to the site. After removal of the sawdust, the refuge will plant 50.cypress trees and 50 water-willow oak trees. The rest of the site will revegetate naturally. The project will be completed within four years from the date of permit. Permit Class NEW ?v (??? Jtt`?o`N 0 P STATE Department of Env X Major Devi pursuant to x r I Permit Number 134-91 RECEIVED OCT 15 1991 Concern REGULATORY BRANCH -X- Excavation and/or fill g'"purscant to NCGS 113-229 "_. Issued to Town of 'Col umbi a,_ P,_ 0. Box 361, Col umbi a. NC 27925 authorizing development in Tyrrel 1 County at Scuppernong River, east side in Columbia, off of Water St. Rs requested in the permittee's appli cati on dated 7/25/91 i ncl udi ni attached plats, sheets 1-4 of 4 dated 7/91 and Attachment A - 'Town of Columbia - Wetland Concerns". This permit, issued on October 10. 1991 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Construction 1) The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. It must be of a size sufficient to prevent its movement from the site by wave or current action. 2) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials or unsightly debris will not be used. 3) No excavated or fill material will be placed at any time in any wetlands or surrounding waters outside of the alignment of the fill area indicated on the work plats. sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1994 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee DLINA Natural Resc zrces Town of Columbia Permit #134-91 Page 2 of 2 ADDITIONAL CONDITIONS 4) A silt fence is to be installed at the mouth of the canal prior to any. dredging or filling and will remain in place until the project is completed. 5) The activity must be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction-related discharge (increases such that the turbidity in the stream is 25 NTUs or less are not considered significant). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. NOTE: The Division of Environmental Management has approved this project under Water Quality Certification No. 2131 issued on September 11, 1991. Mitigation 6) Mitigation will be provided pursuant to Attachment A to the permit application, except that the total number of each species planted shall be doubled. Mitigation shall be carried out prior to expiration of this permit which is 12/31/94. 7) Monitoring will be conducted in accordance with 401 Certification No. 2631 for five years, and annual reports will be provided to the N. C. Division of Environmental Management. 8) Material removed from the sawdust pile will be disposed of in an upland area. 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 TOWN OF COLUMBIA Address P. 0. Box 361 City Columbia State NC Zip 27925 Dayphone 919-796-2781 Landowner or X Authorized agent b. Project name (if any) Water Street Extension Project c. If the applicant is not the landowner, also give the owner's name and address. Conservation Fund Suite 120 1800 North Kent Arlington, Va 22209 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number Water Street (new) b. City, town, community, or landmark Town of Columbia c. County Tyrrell d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project Scuppernong River 3 DESCRIPTION AND PLANNED USE If you plan to build a marina, also complete and attach Form DCM-MP-2. 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? Community use d. Describe the planned use of the project. Part of the revitalization of downtown and public access 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 45' X 1150' b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum + 2' d. Soil type(s) and texture(s) of tract Tomotley soil/Tomotley fine sandy loom e. Vegetation on tract local natural tree stock f. Man-made features now on tract N/A g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? not zoned OF PROPOSED PROJECT i. How are adjacent waters classified? 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? ye s If so by whom? or pier).Construct apaved street NC Div. of Are=v; & $isto 20-24' wide approximately 1150' long 3/91 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed - N/A 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 45' X 1150' 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? No. NCDOT has sedimentation and erosion contral 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. Less than 20% m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways ormide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? NIA 6 EXCAVATION AND FILL INFORMATION $l956scribe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) marl and asphalt Boat basin h. If applicable, has a stormwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? No , NCDOT HAS PLAN boat ramp, i. Describe proposed sewage disposal and/or waste rock jetty) water treatmenNfacilities. Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill N/A - areas k. Describe existing treatment facilities. N7A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A 170' 45' 521 20' 1000' 45' b. Amount of material to be excavated from below water level in cubic yards 67 c. Type of material Tomotley soil d. Does the area to be excavated include marshland, swamps, or other wetlands? yes, wooded wetland e. High ground excavation, in cubic yards 15,000 2 3/91 f . Dimensions of s it disposal area 125' X 1301. top cover in approved county ru e field g. Location of spoil disposal area US 64 west of Columbia h. Do you claim title to the disposal area? No If not, attach a letter granting permission from the owner. (see attached letter) i. Will a disposal area be available for future maintenance? Yes If so, where? Same as g above j. Does the disposal area include any marshland, swamps, or water areas? No k. Will the fill material be placed below mean high water? Yes, culvert crossing 1. Amount of fill in cubic yards 100 m. Type of fill material loomey fine sand n. Source of fill material NCDOT stockpile o. Will fill material be placed on marsh or other wetlands? Yes p. Dimensions of the wetland to be filled (20' X-52") (45' X 1701) q. How will excavated or fill material be kept on site and erosion controlled? Fencing, strengent erosion Sedim- entation methods used by NCDOT, slope, seed, fence, gutter r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragline & backhoe s. Will wetlands be crossed in transporting equipment to project site? resIf yes, explain steps that will be taken to lessen environmental impacts. wooden mats 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 40' b. Average distance waterward of mean high water or normal water level 21 c. Shoreline erosion during preceding 12 months, in feet 0 d. Type of bulkhead material N/A e. Amount of fill, in cubic ards, to, be-placed below mean high water N j7JA f. Type of fill material. stone ripra-p 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the areTto 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 Jim Savery Name US Fish & Wilulife Address Route 1. Box 195B reswe , NC 27928 Name G. A. Deaver Address Route 2 Box. 94 Coliimbia, NC 27925 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Yes, CAMA Permit # 37-90 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. 113A-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 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. i This is the 7-S day of , 19D X Landowner or Authorized agefit 4 3/91 r r •A d BULL BA Y API i Colorial Be e, q07 1707 V yl•2A'C t .6 Say !200 < s w i a as•ss• / y? U07 1::1 1701 1 212 1700 v Trwif A tIl f 1 JJS2 ! 1 t?17 1117 ,q Ilse .1117 \3 ..i f1d 1 .2 )Io ;L 1117 \' T ULI Woodley i . U3 1116 `-SCUPPERNO _ ?,N.W' Cron Laridinp LIQt. a /r I 1?:1 ILL 1.J! -0 ?.3 i I ?g tF / ec tits TYRRELL 4a c- ¢ Of 9L ,moo 7- V/ 5 /dv ./H?5•?w??s ?',E'c,Go 3 dpi C X%C ti S/ o• v S 7. E B? n I7T? 209 M A 1 Sowed Side 170. 171{ ,f G 1104 = S Pb...w Yew 1 ` c lorry 31107 n 10 \ IQs \ \ 1 t. \ HOLLOW COUNTY GROUND L-.h `.? 1121 -4 R L I ~I E Newfoundbed 0 BIG SAVANNAH .. P14 .,/'-'? -1, 1,10 ii ??to :x all a e uTa • _..., ;. c.. u? ATTACHMENT A TOWN OF COLL7'M313=A WETLAND C O NC ERNS In order, to construct Water Street we are unable to route the street in such a manner as to avoid wetlands. The attached maps will show that we are impacting wetland in two locations. The first area contains 61488 square feet. We have laid the street out in such a manner as to avoid as much wetlands as possible, instead of a gentle curve it has been designed with a 90 degree curve at the point we cross the ditch and enter wetlands in order to minimize the impact. The ditch which is very shallow will be crossed by tiles since the construction of a bridge would be cost prohibitive. Refer to the former narration concerning the impact on the minority community. The second area of wetlands in minuscule. It is an area where Cypress Street will intersect the new Water Street and affects approximately 130 sq. ft. The reason for having to deal with Cypress Street is due to the fact that this entire tract has been subdivided by the previous owner and lots an the east have been sold and these property owners must be given ingress and egress to their properties. We have looked at rerouting Cypress Street across the lands of the adjacent property owner; howeveri that is a commercial lot and there are currently nineteen heirs who own the lot with two of those being minors. It is impossible to get them to give us the right-of-way since it makes the balance of their lot not profitable for a commercial establishment. The units of government do not want to exercise the right of eminent domain for such a small area and feel it will better serve the project by having a commercial site in that location. Town and County officials have been working with the U.S. Fish and Wildlife staff with the Posocin Lakes National Wildlife Reserve concerning mitigation for the impacted wetlands. On the site there is a sawdust pile that has been _ inactive for over forty years. The sawdust pile is to be removed by the PLNWR and after removal will be restored as a wetland similar to the adjacent property south and southwest of the site. A description of this plan is attached. Mitigation Plan Water Street Extension, Town of Columbia This is a mitigation proposal for alteration of 6,618 square feet of wetland for the construction of roadway in the town of Columbia. The roadway construction involves the extension of Water and Cypress Streets (see application map). Vegetation on the wetlands consists of young red maple, Catalpa, mulberry, cypress, a few sedges, honeysuckle, and spikerushes. The largest wetland is a depression with scattered trash. The trash consists of vehicle tires and rusted steel. The mitigation site is immediately adjacent to the impact area, Scuppernong River and the Town of Columbia playground. It consists of a large pile of sawdust located in a wetland. The sawdust pile is 37,000 square feet or 0.85 acres in size. The sawdust is 8-10 feet deep in some areas and contains approximately 10,000 cubic yards of material. The Pocosin Lakes National Wildlife Refuge, U.S. Fish and Wildlife Service, proposes to reclaim the wetland by hauling the sawdust in dump trucks to a disposal site. Loading will be done with endloaders. Caution will be exercised to prevent erosion and sedimentation from entering the Scuppernong River during construction. The goal will be to restore the original topography and hydrology to the site. After removal of the sawdust, the refuge will plant 50 cypress trees and 50 water-willow oak trees. The rest.of the site will revegetate naturally. The project will be completed within four years from the date of permit. ,, ,? ? •:? : ?. . c , r• ? .. ••, V : ?•. ?'! ? ?, cs= .,yam ,.t•''?. ... ?„ ??, e . i t Rl a N Z ? a ? N N t n ?* rRo n ? c? -? R \ y Z to ? t ?.. Z A An , . _ 1 r Q ? j r N s?!:t n?r o U.Q P60 ?7'Q SL O ,o m'. o? e W`o Z O, \ .o t°b?1d ? o R c? G y Urn ?? 0 a ., \ \ "1 "I-, IX O a ., r Zn ? ? s• ? ,? ??L u o ?.p j ?o OD A JU?1 1V? ? T1b ? C ? tA Ctl k 1 k) V vl f 'v C? W u. State of North Carolina Department of Envirolunent, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary September 11, 1991 Director Mr. William Harrell City Manager Town of Columbia Post Office Box 361 Columbia, North Carolina 27925 Dear Mr. Harrell: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed road crossing, Water Street.EExtension Project # 199102992 Tyrrell County Attached hereto is a copy of Certification No. 2631 issued to Town of Columbia dated September 11, 1991.. If we can be of further assistance, t3o not hesitate to contact us. t Sincerely, GT.. Everett" Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Washington Regional Office Washington DEM Regional Office Mr. John Dorney Mr. John Parker Central Files REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer G1 NORTH CAROLINA Tyrrell County CERTIFICATION THIS CERTIFICATION is issued in conformity with-the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Town of Columbia pursuant to an application filed on the 14 day of August, 1991 to extent Water Street through 0.15 acres of freshwater wetlands. The Application provides adequate assurance that the discharge of fill material into the waters of a canal tributary to the Scuppernong River in conjunction with the proposed Water Street extension in Tyrrell County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the•State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less .are not considered significant). 2. Mitigation shall be as described in AttachmentA to the DCM permit application. Monitoring shall be for five years and annual reports provided to the Division of,.Environmental Management. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit: This the 11 day of September, 1991. 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