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HomeMy WebLinkAbout54-03 County of Dare X a , Permit Class Permit Number NEW 54-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission i3ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to County of Dare,PO Box 1000,Manteo, NC 27954 Authorizing development in Dare County at m/m canal off Spencers Creek,off US 264,at Dare Co.Construction&Demolition Landfill , as requested in the peftiittee's application dated 10/22/02. including__ attached workplan drawings (7), all dated 1/03 and letter dated 1/28/03. This permit, issued on April 22,2003 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes the construction of a second entrance and roadway to the Dare County Construction and Demolition Landfill as expressly and specifically stated in the application and as depicted on the attached workplan drawings. Culvert Installation 2) Prior to the commencement of construction, a turbidity curtain shall be installed upstream and downstream of the canal crossing, and shall remain in place until construction in completed and turbidity levels are not detectable so as to prevent unnecessary siltation into the adjacent water body. 3) Culvert inverts shall be set at least one foot below normal bed elevation. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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. / onna D. Moffitt, Director Any maintenance work or project modification not covered XDivision of Coastal Management hereunder requires further Division approval. g All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee yY County of Dare Permit#54-03 Page 2 of 3 ADDITIONAL CONDITIONS 4) Appropriate bedding material must be placed beneath the culvert to prevent structural subsidence. 5) This permit does not authorize the excavation of canal bottom other than that necessary to set the culverts. This permit does not authorize any excavation waterward of the approved roadway alignment. 6) The headwalls and wing walls must be constructed prior to any backfilling activities. 7) The headwalls and wing walls must be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The headwalls and wing walls must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 9) The fill material will be clean and free of any pollutants except in trace quantities. 10) All fill material will be obtained from a high ground source and confined behind the permitted headwalls and wing walls. Roadway Construction 11) The fill material for the permitted roadway will be clean and free of any pollutants except in trace quantities, and all fill material will be obtained from a high round source and confined by an appropriate erosion control device until the material is sufficiently stabilized. 12) The permittee shall obtain a driveway connection permit from the N.C. Department of Transportation and provide a copy to the Division of Coastal Management prior to the commencement of any construction activities authorized by this permit. Sedimentation and Erosion Control 13) The N.C. Division of Land Resources (DLR) approved an Erosion and Sedimentation Control Plan (DLR Project No. Dare-2002-009) for this project on 5/8/02. Any violation of the plan approved by the DLR will be considered a violation of this CAMA permit. 14) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). Stormwater Management 16) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7020516 on 7/1/02. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. F17) The Dare Permit#54-03 Page 3 of 3 ADDITIONAL CONDITIONS Water Quality N.C. Division of Water Quality has authorized the proposed project under General Water Quality rtification No. 3375 (DWQ Project No. 021716), which was issued on 2/24/03. Any violation of the certification approved by the DWQ will be considered a violation of this CAMA permit. General 18) In accordance with commitments made by the permitee by letter dated 1/28/03, the existing County gate at Link Road shall be maintained in a closed and locked position after the Cub Road entrance is available to limit access from the County's property to Bear Road. 19) In accordance with commitments made by the permittee by letter dated 1/28/03, Cub Road shall be kept unimproved for the last 1,500 feet from its connection with Bear Road 20) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 21) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 22) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 23) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310393. A0 A r7a;11V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary April 22,2003 County of Dare P.O. Box 1000 Manteo,NC 27954 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r f DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dare County, Cub Road Entrance Improvements - Dare Construction & Demolition Landfill 2, LOCATION OF PROJECT SITE: 3 miles southwest of US 264 junction with US 64, Mann Harbor, Dare County and on a manmade canal off Spencer Creek Photo Index - None Available State Plane Coordinates - X: 2945200 Y: 773200 East Lake NC SE UR GPS: E120317A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/03/02 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 02/03/03 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, PTS (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Landfill Planned - Second entrance road with canal crossing (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] Dred ed Filled Other A Public Trust Area 1,008 s .ft. 2,800 s . ft. Public Trust Shoreline 18,000 s . ft. 4.500 s . ft. Im ervious C Non AEC Impacts 15,000 s . ft. (D) Total Area Disturbed: 40,408 sf(0.927 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a second entrance and roadway to the county construction and demolition landfill across an unnamed tributary of Spencer's Creek located on US 264 near Manns Harbor, Dare County. i Dare County - Cub Road Entrance Improvements - Dare County Construction & Demolition Landfill Field Investigation Report Page Two Project in The proposed development activity is located at the Dare County Landfill, Manns Harbor community located on the west side of US 264 approximately three miles southwest of the junction of US 64 and US 264 and approximately 10.5 miles north of Stumpy Point and approximately 4 miles southwest of Manns Harbor. The property contains 836 acres and appears to the mostly prior converted farmland that is being used as a county landfill. The area of development is located 900 yards south of the existing entrance and along US 264. A canal system runs along the highway and drains, not only the landfill property, but also the adjacent properties that are controlled by the US Department of the Interior and are parts of the Alligator River National Wildlife Refuge. The canal connects to Spencer's Creek. The canal is approximately 30 feet wide and approximately 5 ft. deep with a mucky bottom. The existing landfill entrance consists of a double culvert with fill and a rock roadbed. The vegetation at the site consists mostly of pine trees, red bay and reeds. A dirt roadbed perpendicular to the canal and US 264 exists with a ditch with wetland fringe on either side of the roadbed. The roadbed ends abruptly at the canal and it appears that the road was connected to the highway many years ago and may have been used for fire fighting access. Over time, some of the original crossings were removed to facilitate drainage or were destroyed by fire. The roadbed is known as Cub Road. The waters of Spencer Creek and its tributaries are classified as SC and are closed to shellfish taking. Development Proposal In order to provide a second entrance to the County landfill, the applicant proposes to place two 60 in. diameter and 72 ft. long corrugated metal pipes parallel in the canal. A headwall with wing walls will be constructed at each of the pipe ends to contain fill material and enough fill material will be placed on the pipes and in the canal to bring the development up to the elevation of the existing US 264 roadway and the existing Cub Road. The driveway connection to US 264 will be paved for approximately 70 ft to minimize the introduction of gravel and dirt on the highway. The driveway will be approximately 30 ft. wide. Further development to Cub Road will include improving the roadbed for approximately 800 ft. westward with geo-textile and tensor plastic sub-grade reinforcing material for stabilization and crush and run with stone for the roadbed. A small ditch will be crossed by means of 36 in. diameter corrugated metal pipe 67 ft. long with fill material to grade. The ditch is located approximately 700 ft. from the normal water line of the canal and is not located within a CAMA Area of Environmental Concern. Dare County - Cub Road Entrance Improvements - Dare County Construction & Demolition Landfill Field Investigation Report Page Three Improvements to US 264 include a paved 10 ft. wide "right turn" lane approximately 200 ft. long and a sheet pile retaining wall along the canal bank to retain the fill material required to construct the turning lane. The retaining wall will be approximately 200 ft. long and will be an extension of the north wing wall for the Cub Road entrance. The retaining wall and turn lane will be above the water line and within the right-of-way of US 264. Anticipated Impacts The construction of Cub Road entrance will result in the excavation of approximately 1,008 sq. ft. of Public Trust Area (PTA) Area of Environmental Concern (AEC) and the filling of approximately 2,800 sq. ft. of PTA AEC. Approximately 350 cu yds of fill material will be placed below NWL for backfill. The paving of the driveway will result in approximately 2,500 sq. ft. of Public Trust Shoreline (PTS) AEC being covered with impervious surface. The upgrade of Cub Road will result in 15,000 sq. ft. of PTS AEC being filled and approximately 15,000 sq. ft. of non jurisdictional area being filled. The construction of the turn lane with the retaining wall will result in approximately 3,000 sq. ft. of PTS AEC within the right-of-way of US 264 being filled and 2,000 sq. ft. of that area being covered with pavement. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: February 10, 2003 S CAMA MAJOR DEVELOPMENT PERMIT APPLICATION COUNTY OF DARE, NORTH CAROLINA FOR CUB ROAD ENTRANCE IMPROVEMENTS PROJECT DARE COUNTY CONSTRUCTION / DEMOLITION LANDFILL PV v o� IVED October 2002 OCT 3 0 ?of),) COASTAL MANAGEMENT cL1Z�,�E rHH CITY` Prepared for: County of Dare Post Office Box 1000 Manteo, North Carolina 27954 Tel : 252-475-5880 Fax : 252-473-5218 Prepared by: Applied water Technology (AWT) 311 South Academy Street Cary, North Carolina 27511 Tel : 919-466-9246 Fax: 919-466-7668 E-mail : awtmailbox@aol .com APPLIED WATER TECHNOLOGY Table of Contents CAMA Permit Application Forms : Form DCM-MP-1 General Application Form DCM-MP-5 Bridges and Culverts Attachments : Attachment 1 Location and Site Maps Attachment 2 Project Narrative Attachment 3 wetland Delineation Approval & Map Attachment 4 Property Deed Attachment 5 Adjacent Property owner Notification Attachment 6 Stormwater Management Permit Attachment 7 List of state / Federal Permits Attachment 8 workplan Drawings APPLIED WATER TECHNOLOGY e Form DCyi- -1 RFrTI ED OCT TAPPLICATIONCOAS TAL h1AN 1. GEMENT ELIZABEfH CITY (To be completed by all applicants) b. Ciry, town, community or landmark Banns Harbor 1. APPLICANT c. Street address or secondary road number a. Landowner: Cub Road at US 264 County of Dare d. Is proposed work within city limits or planning Name jurisdiction? Yes X No Address P . O . Box 1000 e. Name of body of water nearest project (e.g. river, City M a n t e o State ►y C creek, sound, bay) C r o a tan -Sot,n d Zip 27954 Day Phone 252-475-5880 Fax 2 5 2-4 7 3-5 2 1 8 3• DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Edward L . Mann a. List all development activities you propose (e.g. Dare County Public Works Director building a home, motel, tsarina, bulkhead, pier, and excavation and/or filling activities. Address P . O . Box 1000 Constru anrP rn existin.&__C/D aZ nrl-i7TTy placement of double Manteo NC culvert in US 264 canal limited City State t1iling and ballast placement for gang crossing . to i ize an improve Zip 2 7`_ Day Phone 2 5 2-4 7 5-5 8 8 8 b. uxt�ie prowsa activtiyn maintenance or°an'existing project, new work, or both? ___go r h Fax 252-473-5218 c. Will the project be for public,private or commercial use? Public c. project name (if any) Crib Road Entrance Improvements--Dare C/D Landfill d. Give a brief description of purpose, use, methods of construction and daily oMatiau of proposed project. If more space is needed, please ouch ��. hrn+(��if�d��+an+r°f� ,`�')' �/01 additional pages. Provide daily access prv�ea,+a,+,r. to landfill and proposed transfer station for waste haulers . Canal crossing will include " 2. LOCATION OF PROPOSED CMPs w cone . headwalls and pave- PROJECT ment . Fill and ballast to be placed in canal to support entrance structure . Side slopesed a. County Dare as needed . Rertsed 03'35 , TN'ED Form DCy1-'11P-1 ,OCT 3 0 l;; , COASTAL ELIZABET H C1TY m. Describe existing wastewater treatment facilities. 4. LAND AND WATER N/A CHARACTERISTICS a. Size of entire tract 836 Acres n., Describe location and type of discharges to waters of the state. (For example, surfact runoff, sanitary b. Size of individual lot(s) N/A wastewater, industriallconunercial effluent, 'wash down' and residential discharges.) S u r f a c e c. Approximate elevation of tract above MHW or runoff to on-site canals . NWL 3 . 0 ' d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Black organic silt w, fine to fine sand underlain by sandy silty clay . e. Vegetation on tract P r r d n m i n n t n 1 v r r n rn 1 ands and grasses w/ perimeter pine/hardwood areas . f. Man-made features now on tract ('/n 1 a n[1 1• 5. ADDITIONAL INFORMATION cells , haul ro,,ids . harrow nit drainage canals . g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Conrutr LAS local Ind we pim,.) following items must be submitted: 1 Conservation Transitional • A copy of the deed (with state application only) or Developed Community X Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? clog to be the owner of said property, then N o,t- 7 o n c d forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable Rota the owner to carry out the project. zoning? X Yes No See Attachment 4 fAnmcA zonlnr cvmrUancr cr►riftcare, ((oppllcable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been Ink on an 8 1/2' by 11' white paper. (Refer to done for the tract? X Yes _ No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? FC11 — Be 11 i a 1 . , detailed description.) approx . 1991 k. Is the project located in a National Registered Pk2se note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there we:tands on the site? X Yes No Engi.nmrs regarding that agency's use of larger Coastal (marsh) Otber _— drawings.) A site or location map is a pan of plat If yes, has a delineation been conducted? Y e s requirements and it must be sufficiently derailed to (Anach d=A"cn=om, ;f avmlabLt) guide agency personnel unfamiliar with the area to the See Attachment 3 OCT-22-2e62 11 :51 AM SYNERGY VILLAS 919466,7668 P. 02 1 hmn site. badude highway or saeaaday mad OR) number, laadmuks, and the lllCa. 6. aRTMC,AnON AND PtFLNIISSION See Attachme1p�t 8 TO ENM ON LAND m Sorrarwater Ctrtdtltalon, u tttM is ae�esasry. See Attachment 6 m A lift of the umaa aasd =cplets addruja a(dw 1 mdarsud that tiny p«mit Imed In rupows roc dos adjacent waterfront alp wlu) lsadownwrs and Volleafts wM allow only the day ftmeae described In signed reruns "M aipts as prams dui ad swam to applteatf m ran project will be rubject to conditloas have cecdVed a copy of tht appllcidan assd plats and ratr1cs10as=talaed III d►a PaInIL by eerdfled snail. Such iandowee:s must be MIVL&od that they bavc 30 days In wbich to sttbu*emammU I e;ertlty dat t compiles bad of t!u � of North e C aspropozd art the ptbposed project to tho Division of Coastal scdvfty Management. Upon signingtbit lbsm, the app I=t iWaved Cow U=tg=wt Prag= and will be &rther certifies that such eyodca has beta ptovided. awuard In a ttu =QQnsisteut with such ptngmm. Name Ejah A Wildlif2—Service I eartify that I = mtborlud to grant. Ind de fe fact. Address A t e i3 r a n t � 14 6 slant pmnhslon to mprese=ivm of umt grad federal Phorte a_ a_. n�,.�.` -iA- �,,_ View agencies to ester va the albrac=doned tudt in 2 S 2�-4 7 riot ialbrmation mated to tbb Now MIA Addrttas pamdt appiicadon sad fbiiow-up Monitoring of the Phony projeet, None N/A I fntttaer certi yr that the lnfor=don provided In this Address application is tmthftl to the:best of my knowledge, name e A ass or us mate or fedwal 'ibis is the day of v p� p«satn inurd the �� work as the project tyr= isttrludt petmit wmben, Priat Neater s D i r pertaittee, and is:tria=duns. iignsan Uftirwwr w A&#AWud AgoN • A cluck for$400made payabit to tltt UtpaYtM of Please tad Bate muchmests pauining to your proposed Eavironmect, Health, ad "a" low"Us gym. (DENN1t) tan cover the casts of pnKmsiag the application. � DCM MP-2 Excavatlott cad F I InfomwAon Attached � DCM MP-3 Upluid Development e A signed AEC hoard mdce fbr in — DCM U74 Structures Iaformadoa aaaafcom and inlet areas. � DCM UP-5 Bridges and Culverts N/A ,,.._ DCM l+iM Marian De vedoptaeat e A atataaerat of aompliana with tltt N.C. NOTE., please stars and date wh as=kwna in the Envirownental Policy A&M.C.G.S. WA .2 to span prcvtdrd ar die bottom of each jbrm. 10) If the y-tojat involves the expo dimm of"Wit &ads at use of public load. aeh a 844= documenting aompitsaae with the Nattlt Camtiaa Envin=ttrtai Micy Act. OCT 3 0 2n �� Rerised�'�! COASTA?_INIANAGEMENT ELU ABETN CITY L V.I ✓v. - .ru .. � Y BRIDGES AND CULVERTS 1"Jp.G " ENT Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Permit, Form DCM-MP-1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. g. Length of proposed bridge 1. BRIDGES H/A h. Width of proposed bridge a. Public Private i. Height of proposed bridge above wetlands b. Type of bridge (construction material) J. Will the proposed bridge affect existing water flow? Yes No If yes, explain c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or k. Navigation clearance underneath proposed bridge NWL e. Will proposed bridge replace an existing bridge? I. Will the proposed bridge affect navigation by If yes, Yes No reducing or increasing the existing navigable � (1) Length of existing bridge opening. Yes No (Z) Width of existing bridge If yes, explain (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) in. WilI the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert n. Have you contacted the U.S. Coast Guard (2) Width of existing culvert concerning their approval? (3) Height of the top of the existing culvert above Yes No the MHW or NWL If yes, please provide record of their action. Rerised 01915 l j. Will the proposed culvert affect existing navigation 2. CULVERTS potential? Yes X No If yes, explain a. Water body in which culvert is to be placed Canal along US 264 @ Cub Rd b. Number of culverts proposed 2 c. Type of culvert (construction material, style) 3. EXCAVATION AND FILL 60" diam . X 72 ' CMP w/cone . headwalls/w i n g w a l l s . a, Will the placement of the proposed bridge or culvert rewire any excavation below the MHW or NWL7 d. WiIl proposed culvert replace an existing bridge? X Yes No Yes X No If yap If yes, (1) Length of area to be excavated 7 2 f t . (1) Length of existing bridge (2) Width of area to be excavated 1_ 4 ft . (2) Width of existing bridge (3) Depth of area to be excavated 10 ' a n n r n x (3) Navigation clearance underneath existing (4) Amount of material to be excavated in cubic bridge yards 373 approx . (4) Will all, or a part of, the existing bridge be removed? (Explain) b. Will the placement of the proposed bridge or culvert require any excavation within: _ Coastal Wetlands_SAVs X Other Wetlands If yes, See 3 .a above e. Will proposed culvert replace an existing culvert? (1) Length, of area to be excavated Yes X No (2) Width of area to be excavated If yes, (3) Amount of material to be excavated in cubic (1) Length of existing culvert yards (2) Width of existing culvert (3) Height of the top of the existing culvert above c. Will the placement of the proposed bridge or culvert the MHW or NWL require any highground excavation? (4) Will all, or a part of, the existing culvert be X Yes _ No removed? (Explain) If yes, • (1) Length of area to be excavated 2 4 f t _ (2) Width of area to be excavated 40 f t . (3) Amount of material to be excavated in cubic f. Length of proposed culvert 72 feet yards 42 approx . g. Width of proposed culvert 60 " diam . each d. If the placement of the bridge or culvert involves any excavation, please complete the following: h. Height of the top of the proposed culvert above the (1) Location of the spoil disposal area MHW or NWL -1 . 6 feet On-site C/D landf ill stockpilE (2) Dimensions of spoil disposal area a r e i. Will the proposed culvert affect existing water flow? 16 0 ' X 3 5 0 ' Yes X No (3) Do you claim title to the disposal area? If yap explain X Yes No If no, attach a letter granting permission from the owner. ,?`W.4PP w' ;j ors,{, COASl'da1_;VlANAGEMIENT Revised 03195 GL!';', ! i i! CITY 6CT-22-2002 11 :52 AM SYNk-KUY ViLLHS 174bbfb6L-: Y. t7 - For'Qs DCM-1Kt'-5 � (4) Will&a disposal x m be available f f lidhre b. will the p:UPmed FOJVet a the nWOd a of matiwuaww? �.,X TO No my mittin dilly liar? veep .I,No M Does tha dlt posal arm Indgde airy tsaapt:l if yu, taste is dwil wedaada (lauds), SAW, at other wedwW — .r.�To _X -- No .,. If Sh% m�ao dlsion if dl&co& hom Q) e. WM tau proposed p ajea ragdm the councdon of (b) Does the dispoW iaclUde any area below my temporwy dim sftdWru7 the wm or M? Yee . 4.No ��.Yet .,..I—No U yes, give dlmeawiaa If dlllrraoe from No.Z N yeS► c;A&W In dKd elm". e. Will the placement of the ptopowl bMp or caivwt ' result In pay All (other dm acavateei averisl d. Will the pfolpsed project require any work descrOmd In hem d. above) to be placed below chaanols? —Yes x-_ No lv M or NWL.? ..I Yea No if Yee, complew Form DCW-MP-2 It (1),Length of area to be filled 7 2 f c e, How will eseavated or fill material be kept on site (2) Width of area to be Riled 35 f t. and erosion aattttolld?Merr,e�l �X (3) purposeoffUl Backfill, for cu verts . placed in ap2roved stock ile areas and B t tericing provide proVided for project areas. f. Will the placement of the proposed brill;e or caslvart t. What type of consuw1on equipment will be used result In any fill (other than aermd mamba! (for example, drmllne, bacfdtoe or hydraullc described In Item d. above) to be placed witltta: dredge)?K o b i 1 e excavator , d r a u UM , _ Coastal Wetlands—SAVs$Odw Wetlands and crane ._ if yes, (1) Length of are.4 a bo filled (Z) Width of area to be Ailed s ftq. g, Will wetlands be croued In tnn�porting egttipmmt (3) purpose of fill Sac k f ill f o cT t:s . to project site? Yes X.,..-._Flo if ya, uplain stop that will be uken m teasel uvLmataental impacts, g. Will the plaeemerA of the propaaed bridge or oulvert result in any fill Other th" l UMM matetW -- -, —_ ducribed in 11M d, above) 10 be Pkeed on bigbgrotiad? . _ ._Yes —No h. Will the pl4cxmett of go proposed bridge or culvert If ya, tequira pay shorellne=blilu:lon? (1) Length of Area to bo Sd -2.2_ f t —Ya X No (2) Width of Un to be tilled 40,f-t if yu, "Pisin is deed! (3) Purpaac of fYl Cone, Pavementa d road sub¢rade _ Edward L. - 4. GENERAL l +ct MW Q1---- 1. Will the promed pmJed involve ? /o as oZ X Yea No ��--�- If yes, explaiala Silt fencing and silt curtains provided as nee e to limit sediment to canal luring CUILULA UULI.On. 'ttrriad olnli 400 copies of this public doc==1 wer e printr d at a total cast of MAO or S y 7WIM ED OCT Q 7(�ri CCASTAI MAN!AGEMENT TOTAL PROPERTY AREA: 836 ACRES �To TOTAL AVAILABLE AREA: 517 ACRES EXISTING C/D DISPOSAL AREA: 21 ACRES k4s PROPOSED C/D DISPOSAL AREA: 45 ACRES e0 Scale: 1" = 1000• / 8 Ci 'S'• PROPOSED CUB ROAD , ENTRANCE IMPROVEMENTS AND SECURITY GATE ttmtRs TO STUMPY POINT —� q4j PRbPOSED- TREE LINE PIT EXPANSION ;. I o � - - FUTURE TOPSOIL ' ' , 9 _ _ _ _ _ _ - - STOCKPILE-ARE A_ _ _ _ _ _ _ _ _o_ - - - - - - - - - - - - - - - - - - - - - - - - - -C FUTURE SOLID - - - - - - - - - - -�" WASTE -TRANSFER - III p`L�p STATION- - - - - - - - - - - - - vWi 0 i O - - - - - - - - - - - - - - - - - - - - - - a Ia I - DARE COUNTY PROPERTY - - - - - - - - - - - - - BgAR �OAD , DARE COUNTY CONSTRUCTION/DEMOLITION APPLIED WATER TECHNOLOGY LANDFILL PROPOSED IMPROVEMENTS [ DATE: SCALE: PROJECT: 311 South Academy Street 'C 10-22-01 AS NOTED DARE CO. C/D LANDFILL Cary, NC 27511 REVISION: DRAWN BY: CHECKED BY: FIGURE NO: OCT ,� n 2�1,�? BLN CDB FIGURE 1 COAS Lire Project Narrative OCT fi �- '' Cub Road Entrance Improvements Project COASTAL MANAGEIMENT ELIZABETH CITY County of Dare Construction / Demolition Landfill Purpose : A CAMA Major Development Permit is being requested for construction of a driveway connection to serve the existing Dare County Construction / Demolition (C/D) landfill off U . S . Highway 264. The project will connect an existing on- site road (Cub Road) with U. S . 264. This entrance , known as the Cub Road entrance , will provide easy access to the landfill ' s southern expansion project areas , and will divert current landfill traffic from the existing Link Road entrance , which adjoins the Dare County shooting Range . The Link Road entrance to the landfill is of concern to the County because of its close proximity to the shooting range . Since the landfill cells adjoining Link Road have reached permitted capacity, the cub Road entrance will also provide closer access to the active areas of the existing C/D landfill cells . Project Overview: The driveway connection will be constructed by placement of two parallel CMP culverts in the canal along U .S . 264 at the eastern end of Cub Road . Cub Road will be extended across these culverts and connect with U .S . 264. A narrow section of wetlands ad *acent to the U. S . 264 canal must be crossed in order to effect the driveway connection . Once this crossing is made , approximately 56 feet from higgh ground to high ground, no other wetland areas will be crossed by the project . The remainder of the project will be on non-wetland areas , and includes improvement of the existing Cub Road corridor into the landfill area. The project will include placement of gravel fill to bring the roadway and canal crossing to grade , as well as placement of stone underneath the culverts to form a good structural foundation to support the driveway pipes . Project Description : The Cub Road entrance will be similar in construction and nature to the existing Link Road entrance to the north . However , in order to minimize entrance maintenance , to minimize the potential for gravel in the U .S . 264 traffic lanes , and to accommodate an increased traffic load , the first 70 feet of the driveway connection from U . S . 264 will be constructed of reinforced concrete pavement . From this point into the landfill area, the existing roadbed will be APPLIED WATER TECHNOLOGY improved and stabilized with a geo-textile and tensar' plastic sub-grade reinforcing material . The cub Road entrance will be wider than the existing Link Road entrance to allow traffic to turn into the driveway without having to completely stop before making the turn . within 75 feet from the edge of the canal waterline, this project is expected to increase the impervious area by a total of 0. 1 acre. of this total , approximately 0.06 acre will _'Re concrete pavement, and the remaining 0.04 acre will be gravel roadway. CC) TAL ELIZAg i;Y APPLIED WATER TECHNOLOGY U.S. ARMY CORPS OF ENGINEERS W112v INGTON DISTRICT OCT 3 0 Action ID 200210865 County Dare NOTIFICATION OF JURISDICTIONAL DETERMINATION ELEZ�c�as T 7 �;ETHI C~TY"Iu� Property Owner/Agent: Dare County c/o Charles Blackwell Address: 311 South Academy Street Carv, NC 27511 Telephone No.: Size and location of property (waterbody, highway name/number, town, etc.) Approximately 1 acre project area located on the west side of US 264, immeiately south of the existing Dare county C&D Landfill,approximately 4.3 miles south of Manns Harbor, NC Indicate Which of the Following Apply: _ There are waters of the U.S. and/or wetlands,on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload,our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property,Corps staff will review it,and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S. and/or wetlands,on your project area have been delineated and surveyed,and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ZC The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in Washington, NC,at(252)946-6481 to determine their requirements Placement of dredged or fill material in Waters of the US and/or wetlands on this property without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work restricted entirely to existing non- wetland area, If you have any questions regarding this determination and/or the Corps of Engineers regulatory program, please contact Tom Walker at (252) 975-1616 ext. 24. Basis For Determination: Area meets the 3 parameters specified in the 1987 USACE Wetlands Delineation Manual and is a part of a broad continuum of wetlands associated with the Pamlico Sound Property Owner/Authorized Agent Si ature /r Corps Regulatory Official Date 7/18/02 Expiratio ate 7/18/ Of? SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Dare County-Dare Construction&Demolition Landfill County: Dare LOCATION OF PROJECT: US 264 near Manns Harbor adjacent a manmade canal off Spencer Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02/03/03 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Jennings DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: T),2 �/ 7k3 Z'.- B) DATE APPLICATION RECEIVED IN RALEIGH: a--"3 FEE REC'D:$ Lf00, OU PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 31Xo 103 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: 1✓ APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 3 150 DAY DEADLINE: MAIL OUT DATE: (D STATE DUE DATE: FEDERAL DUE DATE: �'1U3 FED COMMENTS REC'D: �i1V3 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON_4Z4L103 AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative ;? I ✓ Coastal Management- LUP Consistency Division of Community Assistance a/ 4lV Land Quality Sectionapp r oz s+� Z; c ?cv - as 91 Division of Water Quality OCZ t pu rISAKAt 7 /7,410 3 Storm Water Management(DW Q) 2/t 8/o ✓ $ P 5 ? / State Property Office a Division of Archives&History , y Division of Environmental Health Division of Highways ?l 51�✓ WrY1 I Wildlife Resources Commission MOO e� /JC Division. of Water Resources Division of Marine Fisheries �O U� � lyl din Submerged Lands(DMF) Permit# U3 F _ DCM Coordinator: JKS' MAILING DISTRIBUTION: Permitee: J�a—re OUr7fl� ,._ Agent: ke p W"r- lCG/7 DCM Field Offices: Elizabeth City Morehead City wfth� W4ff"O" US Army Corps of Engineers (USACE): Washington: Raleigh Bland Wi min OT enry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Gina Brooks State Property Office: Joseph Henderson Water Quality: John Dorney Water Resources: ;ehn �w-land Wildlife Resources: David McHenry Berxrett Wy.rme- D t FAXING DISTRIBUTION: Permitee at 2 64 473 S,Z/8 Agent at 4'6 L — 2(o G 8 ( 1pc�, DCM Field Offices: Elizabeth City Morehead City Wasiriagton w4kaix� US Army Corps of Engineers (USACE): Washington: 1`44E0 4994 IC nT) BiN Bid 4@Qoaw4hLC40T) Raleigh Bland Wilmingto CDOT) N icker RECEIVED APPLIED WATER TECHNOLOGY AUG 1 1 2003 311 SOUTH ACADEMY STREET CARY,NC 27511 VC0AFffALMANAG <:> - OW.0 .rug AWT Fax: (919)466-7668 Voice: (919)466-9246 E-mail: awKmailbox@aol.com August 5, 2003 Mr. Frank A. Jennings, III F1pCF,1VED Field Representative NC Division of Coastal Management AUG 1367 U.S. 17 South Elizabeth City, North Carolina 27909 COASTAL MANAGEMENT ELIZABETH CITY Re: County of Dare C&D Landfill CAMA Permit No. 54-03 Transmittal of NCDOT Driveway Permit No. 1729 Dear Mr. Jennings: On behalf of our client, the County of Dare, as required by Condition #12 of the referenced CAMA Permit, enclosed is a copy of the NCDOT Driveway Connection Permit #1729 for this project. At the present time, initial construction of Phase 1 of this project is expected to begin on or about October 20, 2003. If there are any questions, please do not hesitate to contact us. Sincerely, APPLIED WATER TECHNOLOGY (��'44/1 Charles D. Blackwell President cc: Edward L. Mann, Dare County Clyde E. Gard, Dare County Scott P. Fenwick, NCDOT OMSTA7Fo "44" c STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F.EASLEY LYNDO TIPPETT GOVERNOR SECRETARY July 31, 2003 Permit # 1729 Subject: Regular Commercial Driveway Permit Mr. Charles D. Blackwell 311 S. Academy St. Cary, NC 27511 Dear Mr. Blackwell: Attached for your files is a copy of a Driveway Permit, which has been properly executed. Please note any comments, which may appear on the reverse side of the permit form. This permit covers the construction of a driveway entrance on US 264 in Dare County. Yours very truly, Gretchen A. Byrum, P.E. District Engineer Scott P. Fenwick, P.L.S. Assistant District Engineer GAB/spf Attachments Cc: Mr. D.R. Conner, P.E. (Copy of agreement) 1929 North Road Street,Elizabeth City, NC 27909 Phone: (252)331-4737;Fax: (252)331-4739 i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO May 7, 2003 Rrz�CEJVED Regulatory Division MAY 1 s 2003 Action ID No. 200310393 and State Permit No. 54-03 GEMENT 'of�ARALEIQH County of Dare C/O Edward L. Mann Post Office Box 1000 Manteo, North Carolina 27954 Dear Mr. Mann: Reference your application for a Department of the Army (DA) permit to construct an access road, on property located off U.S. Highway 264, adjacent to an unnamed tributary to Spencer's Creek,near Mans Harbor, in Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil .and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, 4 Y-� Raleigh Bland, P.W.S. Regulatory Project Manager -2- Copies Furnished: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 r. Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 r- • -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 Mr. Charles D. Blackwell Applied Water Technology 311 South Academy Street Cary, North Carolina 27511 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Y1 - Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO April 21, 2003 MC'MIVED Regulatory Division APR 2 9 2003 Action ID No. 200310393 DIY OFCWALMANAGEVIENT MOW Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of�1----*y for a Department of the Army(DA) permit to construct an access road on property located off U.S. Highway 264, adjacent to an unnamed tributary to Spencer's Creek,near Maims Harbor, in Dare County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No vegetated wetlands will be excavated or filled outside of the authorized area. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 4. 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. -2- Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252) 975-1616,extension 23. Sincerely, w4A Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment And Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 wAk -3- Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 r � Instructions to Word Processing: This is a card letter 31. April 18, 2003 �II� Regulatory Division �,� Action ID No. 200310393 �\ Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment And Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Dare County for a Department of the Army permit to construct an access road on property located off U.S. Highway 264, adjacent to an unnamed tributary to Spencer's Creek,near Manns Harbor, in Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No vegetated wetlands will be excavated or filled outside of the authorized area. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 4. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252)975-1616, extension 23. � t Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Domey Water Quality Section Division of Environmental Management North Carolina Department of Environment And Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS,Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S.Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson,District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management rIP 1367 US 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO April 15, 2003 Regulatory Division Action ID. 200310393 RECEIVW APR 1 7 2003 .OFCOASST��Ca(� w County of Dare C/O Edward L. Mann Post Office Box 1000 Manteo, North Carolina 27954 Dear Mr. Mann: On March 3, 2003, we received your application for Department of the Army (DA) authorization to construct an access road on property located off U.S. Highway 264, adjacent to an unnamed tributary to Spencer's Creek, near Manns Harbor, in Dare County, North Carolina. After review of your proposal, the United States Fish and Wildlife Service recommended revision of your application and plans by letter dated April 4, 2003 (copy enclosed). These recommendations are due to anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions, in writing, on or before April 29, 2003. Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone (252) 975-1616, extension 23, is responsible for processing your application and is available to assist you in coordinating with the review agencies. Sincerely, �64-; S. Kenneth Jolly, P.W.S. Chief, Regulatory Division Enclosures -2- Copies Furnished(with enclosures): Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City,North Carolina 27909 Copies Furnished(without enclosures): r. Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 0� WATFR Michael F. Easley Governor 1 Cq 7 `'f William G. Ross,Jr.,Secretary r An j � Department of Environment and Natural Resources 4 '� �\�� Alan W.Klimek, PE,Director Division of Water Quality April 10, 2003 DWQ Project# 03-0195 Dare County Page 1 of 2 County of Dare PO Box 1000 Manteo, NC 27954 Subject Property: Dare County C&D Landfill, Cub Road at US 264, Manns Harbor, NC Spencer Creek [03-01-51, 30-18-2, SCj APPROVAL of 401 Water Quality Certification (GC3351) To Whom It May Concern: You have our approval, in accordance with the attached conditions, to dredge 0.02 acres of waters and fill 0.06 acres of waters to construct the entrance road at the subject property as described in your application received by the Division of Water Quality (DWQ)Wetlands/401 Unit on February 20, 2003. After reviewing your application, we have determined that the water impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3351. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and those listed below. Additional Conditions: Written Stormwater Management Plan An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as "SC" and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of North Carolina Division of Water Quality,401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh,NC 27699-1650(Mailing Address) 2321 Crabtree Blvd.,Raleigh, NC 27604-2260(Location) 919-733-1786(phone),919-733-6893(fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Bob Zarzecki at 919-733-9726. Sincerely, � g' '" Alan W. Klimek, P.E. NC DWQ, Director Attachment: GC 3351 Cc: Edward Mann, Dare County Public Works, PO Box 1000, Manteo, NC 27954 Doug Huggett, DCM USACE Washington Regulatory Field Office Tom Steffens, DWQ Washington Regional Office File Copy Central Files DWQ 030195 April 10, 2003 bz RECEIVE) APR 1 5 2003 DKOFCORAUALM AG T C f- p S OF ryF United States Department of the Interior /� J P o" ym N c FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 �4RCH 3 ABa9 Raleigh,North Carolina 27636-3726 RECEIVED April 4, 2003 APR 11 2003 Mr. Raleigh W. Bland 01 OKOASTALMANAWMW U. S. Army Corps of Engineers RALSOM Washington Regulatory Field Office P. O. Box 1000 Washington, North Carolina 27889-1000 Subject: ID No. 200310393, Dare County Landfill, Dare County, NC Dear Mr. Bland: This letter provides the comments of the U. S. Fish and Wildlife Service(Service) on the subject Public Notice (PN), dated February 19, 2003. The applicant, Dare County, has submitted an application for processing under the Coastal Area Management Act(CAMA)-Corps permit processing agreement. The proposed work is designated as the Cub Road Entrance Improvement Project. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. The existing 836-acre tract containing the landfill is bordered by U.S. Highway 264 to the east. Most of the land has been cleared and existing vegetation consists of pines,red bay, and grasses. The landfill is directly bordered on the north, west, and south by Alligator River National Wildlife Refuge(ARNWR) under the jurisdiction of the Service. Cub Road is a dirt roadbed running perpendicular to U. S. 264 and approximately 900 yards south of Link Road, the existing road entering the landfill. Cub Road runs from Bear Road which is on ARNWR, through the center of lands owned by Dare County and south of the landfill, and dead-ends at the canal parallel to U.S. 264. Highway U.S. 264 and other roads in the area are bordered on one side by a canal system. The canals along Cub and Grouse Roads drain west to the canal along Bear Road. The canal along Bear Road drains south to the intersection with Grouse Road and then further west through the agricultural lands of the refuge. The refuge operates a pump station at the intersection of Grouse and Long Curve Roads that receives runoff from the landfill. The Field Investigation Report (FIR) of the North Carolina Division of Coastal Management (DCM) states that the applicant proposes to construct a second entrance, or driveway connection, to the Dare County Construction and Demolition Landfill on U.S. 264. Cub Road on the landfill site is currently separated from U.S. 264 by a man made canal. Two corrugated metal pipes (60 F 2 inches in diameter by 72 feet long)would be placed in the canal, an unnamed tributary to Spencer's Creek. The pipes would be covered with fill material to form the base of a 30-foot wide driveway at the elevation of existing U.S. 264. From the new crossing site, Cub Road would be extended westward for 70 feet with reinforced concrete pavement. The proposed work is considered to be Phase I of the Cub Road Extension. Future work would upgrade Cub Road from the new access point on U.S. 264 westward to Bear Road on ARNWR. A new solid waste transfer station is proposed adjacent to Cub Road. The project narrative prepared by Applied Water Technology states that the proposed Cub Road entrance would provide"easy access to the landfill's southern expansion project areas," and"accommodate an increased traffic load." The proposed work would have both direct, immediate impacts and longer-term, secondary impacts. The direct impacts are relatively minor. The FIR states that 1,008 ft2 (0.02 acre)of Public Trust Area would be dredged. Approximately 20,800 ft2 (0.47 acre) of Public Trust Area and Public Trust Shoreline would be filled and 4,500 ft2 (0.10 acre) of Public Trust Shoreline would covered by an impervious surface. The total area disturbed is expected to be 40,408 ft2 (0.927 acre). No compensatory mitigation is proposed. The major concerns of the Service involve the secondary and cumulative impacts of the ongoing landfill operation and the increased activities facilitated by the proposed Cub Road entrance. As an adjacent landowner of the landfill, ARNWR was notified of the proposed construction. The refuge expressed concerns related to the action in a letter to the DCM dated November 26, 2002. The Service now reiterates these concerns and requests that the DCM and Corps consider these issues in their public interest review. Refuge Manager Mike Bryant stated that the Cub Road extension in conjunction with the existing Link Road access point would inevitably increase the number of waste disposal trucks using the Bear Road on the refuge. Increased truck traffic on this refuge road creates a highly undesirable situation that is not in the best interest of wildlife management on the refuge. The refuge is also concerned that the odors of waste food from the Solid Waste Transfer Station to be built along Cub Road would attract black bears (Ursus americanus). Bears attracted to areas used by people may lose their fear of humans and become dangerous if provoked. Besides the adverse impacts'of creating an artificial food source for wildlife,human-bear conflicts at unrestricted food sources can lead to possible injury to people and the destruction of"problem" bears. The refuge is concerned that water draining from the landfill to the refuge will increase pollution and degrade water quality. As noted, the canal along Cub Road(the southern boundary of the current landfill) flows west to the canal along Bear Road. From the intersection of Bear and Grouse Roads, the drainage water flows southwest through cooperative farming areas to a refuge pump station. The U. S. Geological Survey(USGS) and the Service have documented J� J 3 environmental degradation of Cub Road canal sediments (Winger and Lasier 2002). The USGS and Service staff from both this office and the refuge have met with the Dare County Manager who is unwilling to redress this contamination. This decision gives the Service great concern about future operations at the landfill. The increased traffic load noted in the project narrative may result in increased amounts of trash being washed or blown onto the refuge. The handling of trash at the future Solid Waster Transfer Station creates an opportunity for trash to be dropped from or blown off vehicles. Refuge staff have already noted trash floating in canals near the landfill. This trash diminishes the natural experience the refuge wishes to create. The Service has reviewed available information on Federally threatened or endangered species known to occur in Dare County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database on the reported occurrence of these species in the project area. Current data indicate that no listed species have been reported near the project site and the developed nature of the landfill site makes it unlikely that habitat for these species would be impacted. Therefore, we believe the proposed action is not likely to adversely affect any Federally-listed endangered or threatened species under our jurisdiction and that the Corps' requirements under section 7(a)(2) of the ESA would be satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service considers the conservation efforts of ARNWR to be very important and deserving of all feasible efforts to avoid and minimize adverse impacts to refuge resources. With careful planning directed at controlling the secondary impacts of the landfill, the resources of the refuge can be protected. We recommend the following design features and construction techniques for inclusion in project plans: 1. Two project designs could prevent an increase in vehicle traffic on Bear Road within the refuge. First, a new connector road could be built to connect Link and Cub Roads through one of the farm fields within the landfill that would be west of the present and planned disposal cells and east of the Bear Road canal as recommended by the refuge in November 2002. Second, the existing Link Road could be closed and the canal crossing near U.S. 264 removed and restored. This would alleviate the safety concerns with Link Road that is adjacent to the Dare County Shooting Range. Furthermore, the landfill cells adjoining Link Road have reached permitted capacity. From the new Cub Road access side roads could be constructed to the north and south to access all parts of the landfill. Cub Road would dead-end east of the Bear Road canal on the refuge and all access roads from Cub Road would be well east of the Bear road canal; 4 2. To avoid potential bear-human conflicts, the applicant should construct a barrier, or some form of"bear proof'fencing, around any area that could attract bears; 3. To avoid a degradation of water quality on the refuge, the applicant should begin a stormwater retention and stormwater quality monitoring program at the landfill. This program to detect harmful contaminants already documented to be moving from the landfill to the refuge should include canal surface water and sediment; and, 4. To prevent loose trash from being blown or washed from the landfill to the refuge, the applicant should develop and implement a Trash Abatement Program to control the release of trash and/or collect such trash while it still within the landfill. Overall, the Service recommends that the DCM and the Corps request that the applicant consider our recommendations prior to the issuance of any permit. We appreciate the opportunity to provide these comments for the protection and enhancement of fish and wildlife resources, and we would be pleased to meet with you and the applicant to review our recommendations. Please advise us of any action taken by the Wilmington Corps District. If you have questions regarding these comments,please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard hall(a)fws.gov >. Sincerely, Dr. Garland B. Pardue Ecological Services Supervisor Literature cited: Winger, P. V. and P. J. Lasier. 2002. Alligator River national Wildlife Refuge: Potential impacts from Dare County landfills. U. S. Geological Survey, Patuxent Wildlife Research Center. Athens, GA. cc: Mike Bryant,Manager, ARNWR, Manteo,NC Kathy Matthews, US EPS, Athens, GA Ron Sechler, NMFS, Beaufort,NC -4)oug Huggett,NC Division of Coastal Management, Raleigh,NC David McHenry,NC Wildlife Resources Commission, Washington,NC Mr. John Dorney,NC Division of Water Quality, Raleigh,NC Edward Mann, Dare County Public Works, Manteo,NC Charles D. Blackwell, Applied Water Technology, Cary,NC ,S. ���� RECEIVEt� �tAy 3 MAR 1 8 2003 rnv.oFcoA ,A GENCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator FROM: John A. Thayer Jr. DCM NE District Plan r Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Dredge & Fill Request By Dare County, to Construct a Second Entrance & Roadway to the County's Construction & Demolition Land Fill Site, Off US 264 Near Manns Harbor, Adjacent Man-made Canal Off Spencer Creek, Dare County DATE: March 14, 2003 Consistency Determination: The proposal is consistent with the Dare County 1994 Land Use Plan certified by the CRC on July 29, 1994, and as amended both January 23, 1998, and May 28, 1999 Proposed is the construction of a second entrance and roadway to the county construction and demolition landfill across an un-named tributary of Spencer's Creek located on US 264 near Manns Harbor, Dare County. Anticipated Impacts: Include: excavation/disturbance of about 1,008 sf. of Estuarine/Public Trust Area (PTA), filling of 2,800 sf. of PTA, and the filling of an addition 18,000 sf. of Estuarine/Public Trust Shoreline. Overview of LUP Policy: Since the site is within an Estuarine Shoreline AEC, the site also qualifies for the "Conservation"classification. The following policies are related to this request: Estuarine Waters: "Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters. In addition, development located in estuarine waters shall be water-dependent, related to development on the estuarine shoreline, or an accessory use to a structure located on the estuarine shoreline." (Policy 2.1.2 (b), page 53.) Estuarine Shoreline: "Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources along the Estuarine Shoreline". (Policy 2.1.2(d-1), page 55.) Cc: Kathy Vinson 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723\Internet: http://dcm2.enr.state.nc.us An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO March 6, 2003 Regulatory Division Action ID No. 200310393 CEiVE AE MAR ! c 2003 County of Dare IV.OF COASTAL V.OFCOASTAL fMWGEMIMT RALELH CIO Edward L. Mann Post Office Box 1000 Manteo, North Carolina 27954 Dear Mr. Mann: On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received March 3, 2003, for Department of the Army(DA) authorization to construct an access road, on property located off U.S. Highway 264, adjacent to an unnamed tributary to Spencer's Creek, near Manns Harbor, in Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. -2- Your application, pursuant to Section 404 of the Clean Water Act,has been assigned Action ID No. 200310393 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett D' ision of Coastal Management orth Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City,North Carolina 27909 DEPARTMENT OF THE ARMY RECEIVED *M WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office MAR 0 5 2003 P.O.Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-1000 DIV.OF COASTAL MAIYAGEMENT Alotvdfit 7003 RALEIGH Regulatory Division Action ID: 0� �� Applicant: G>WN Cwv 64�1 Waterway: M, C D County: N6& Work Type: Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc, NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort,NC 28516 and Natural Resources Post Office Box 27687 Mr. Garland B. Pardue Raleigh, NC 27611-7687 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service ..-- Post Office Box 33726 Av le'd Raleigh, North Carolina 27636-3726 SlivkK1 UN Regional Office Division of Coas Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV an Re ou s Water Management Division �atural -t? U.S. Environmental Protection Agency 1 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: I'ursuan to Action ID No. i9800u291, the CAMA-Corps Generai Permitiprocessing agreement, a State Field Investigation Report is enclosed Yo • W mm�e itaand/or recommendations would be appreciated on or before � , Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 IN REPLY REFER TO Washington, North Carolina 27889-1000 March 6, 2003 Regulatory Division Action ID No. 200310393 RECEIVEt) MAP 20Q3 31V.OF COASTAL MANAGEMENT Mr. John Dorney RALEIGH Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Dorney: Please reference the application of the County of Dare for Department of the Army (DA) authorization and a State Water Quality Certification to construct an access road, on property located off U.S. Highway 264, adjacent to an unnamed tributary of Spencer's Creek, near Manus Harbor, in 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 authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is 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, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request,or asked for an extension of time, by May 6, 2003, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland,Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett esion of Coastal Management h Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permits Processing Coordinator THROUGH: Mike Street, Chief Habitat Section FROM: Sara E. Winslow, Northern District Manager,,�� SUBJECT: Dare County - Construction and Demolition Landfill DATE: February 26, 2003 The North Carolina Division of Marine Fisheries submits the following comments pursuant to General Statute 113-131. Spencer's Creek functions as a nursery area for spot, croaker, weakfish, spotted seatrout, blue crabs and other commercially and recreationally important species. Spencer's Creek is designated Inland Waters and under the jurisdiction of the NCWRC. The NCWRC will be taking action soon to designate Spencer's Creek as an Inland Primary Nursery Area, thus indicating its importance. The canal in the project area connects to Spencer's Creek. Dare County proposes to provide a second entrance to the landfill by placing two 60 in. diameter and 72 ft. long corrugated metal pipes parallel in the canal. A headwall with wing walls will be constructed at each end with associated fill. The driveway connection to US 264 will be paved for approximately 30 ft. wide. Improvements to US 264 include a paved 10 ft. wide "right turn" land approximately 200 ft. long and a short pile retaining wall along the canal bank to retain the fill material required to construct the turning lane. The retaining wall will be approximately 200 ft. long and will be an extension of the north wing wall for the road entrance. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 726-02541 Internet: www,ncdmf.net The construction of Cub Road entrance will result in the excavation of approximately 1,008 sq. ft. and the filling of approximately 2,800 sq. ft. of Public Trust Area (PTA) AEC. Approximately 350 cu yds of fill material will be placed below NWL for backfill. The Cub Road upgrade will result in 15,000 sq. ft. of PTA AEC being filled and approximately 15,000 sq. ft. of non0jurisdictional area being filled. --�\ The Division approves of this project if a turbidity curtain is required and placed upstream and downstream of the project area. The curtain should remain in place until work is completed and turbidity levels are not detectable. This will ensure the environmental integrity of the area/adjacent waters is protected. NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr,, Secretary MEMORANDUM: RECEIVEr- FEB28Cuuu TO: Doug Huggett, Major Permit Coordinator, DCM DN.OFCOASTALMANAGEMENT RALEIGH THROUGH: Ted Sampson, District Manager, DCM FROM: Frank A. Jennings, III, Coastal Management Representative SUBJECT: Dare County, Cub Road Entrance Improvements - Dare Construction and Demolition Landfill Recommendations DATE: February 25, 2003 The applicant proposes to construct a second entrance and roadway to the county construction and demolition landfill across an unnamed tributary of Spencer's Creek, located on US 264 near Manns Harbor, Dare County. The project involves the Public Trust Area and Public Trust Shoreline Areas of Environmental Concern. The development proposal appears consistent with 07H.0208 Use Standards for Public Trust Areas, etc. and 07H.0209 Coastal Shorelines. It is recommended that the development proposal be authorized with the following conditions: 1. The headwalls and wingwalls must be constructed prior to any backfilling activities. 2. The headwalls and wingwalls must be structurally tight so as to prevent seepage of backfill materials through the structure. 3. The headwalls and wingwalls must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel 4. 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hfp://dcm2.enr,state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Doug Huggett February 25, 2003 Page Two 5. All backfill material will be obtained from a highground source and confined behind the permitted headwalls and wingwalls. 6. All fill material to be placed below normal water level will be confined behind the permitted headwall and wingwalls. 7. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 8. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 9. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. 10. The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NCDENR FEB 20 2003 WA North Carolina Department of Environment and Natural Resources Division of Coastal Management Dt�?`' ,,N OF Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary�� $ February 19,2003 MEMORANDUM TO: Mr.John Sutherland,Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DARE COUNTY-DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT LOCATION: US 264 NEAR MANNS HARBOR ADJACENT A MANMADE CANAL OFF SPENCER CREEK. PROPOSED PROJECT: CONSTRUCT A SECOND ENTRANCE AND ROADWAY TO COUNTY CONSTRUCTION AND DEMOLITION LANDFILL ACROSS AN UNNAMED TRIBUTARY OF SPENCER'S CREEK LOCATED ON US 264 NEAR MANNS HARBOR,DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733- 2293, ext. 244. When appropriate., in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project,only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper J.S . 1, iI� ,3 (SC) M W e — .r�r_ D NCDENR FEB 20 PAI North Carolina Department of Environment and Natural Resources Division of Coastal Management 4WORCPRESEf VATMOFFICE Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary February 19,2003 RECEI f� /�(J`'(lQ y{,f '� . MEMORANDUM MAR I 200A- �/ TO: Ms. Renee Gledhill Early, Director �( Division of Cultural Resources DIV.OF COASTAL MANAG LT Archives& History Building RALEICH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DARE COUNTY -DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT LOCATION: US 264 NEAR MANNS HARBOR ADJACENT A MANMADE CANAL OFF SPENCER CREEK. PROPOSED PROJECT: CONSTRUCT A SECOND ENTRANCE AND ROADWAY TO COUNTY CONSTRUCTION AND DEMOLITION LANDFILL ACROSS AN UNNAMED TRIBUTARY OF SPENCER'S CREEK LOCATED ON US 264 NEAR MANNS HARBOR, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733- 2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project,only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED �'� K�X�C DATE 1 �� ► ECEIVED 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper FEB 2 1 2003 3 R CEIVED r� Aff ---�-NCDENR MAR 0 5 2003 North Carolina Department of Environment and Natural Resourc s� RAL.OFCOASTALMALMAfVAGEMENT Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary February 19 2003 MEMORANDUM FEB 2 7 2003 TO: Mr.Roberto Canales DISTRICT 10 FFI C E State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DARE COUNTY-DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT LOCATION: US 264 NEAR MANNS HARBOR ADJACENT A MANMADE CANAL OFF SPENCER CREEK. PROPOSED PROJECT: CONSTRUCT A SECOND ENTRANCE AND ROADWAY TO COUNTY CONSTRUCTION AND DEMOLITION LANDFILL ACROSS AN UNNAMED TRIBUTARY OF SPENCER'S CREEK LOCATED ON US 264 NEAR MANNS HARBOR, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733- 2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project,only if the recommended changes are incorporated. -uiS PRo:S[-:Cr wit-I- R�v199 R 0RJIIEw,4Y &,RInrr 4 PL)C19rOA) T-0 aE FIL,E-b This agency objects to the project for reasons described in the attached comments. �i 1 i H NCB 1, Q SIGNED DATE �'�()- Cal 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Alp olo( NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary February 19,2003 MEMORANDUM NI f� 0 U TO: Linda Sewall, Director N Division of Environmental Health M 2 7 2M FROM: Doug Haggett Major Permits Processing Coordinator SHELLFISH SANITATION SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DARE COUNTY - DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT LOCATION: US 264 NEAR MANNS HARBOR ADJACENT A MANMADE CANAL OFF SPENCER CREEK. PROPOSED PROJECT: CONSTRUCT A SECOND ENTRANCE AND ROADWAY TO COUNTY CONSTRUCTION AND DEMOLITION LANDFILL ACROSS AN UNNAMED TRIBUTARY OF SPENCER'S CREEK LOCATED ON US 264 NEAR MANNS HARBOR, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733- 2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project,only if the recommended changes are incorporated. This agency cts Jo the project for reasons described in the attached comments. SIGN E RATE 3 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper Cyr NCDENR FEB 2 0 �� ? North Carolina Department of Environment and Natural Resources ' to Proper i n. Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary February 19,2003 MEMORANDUM TO: Mr. Joseph H. Henderson,Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DARE COUNTY-DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT LOCATION: US 264 NEAR MANNS HARBOR ADJACENT A MANMADE CANAL OFF SPENCER CREEK. PROPOSED PROJECT: CONSTRUCT A SECOND ENTRANCE AND ROADWAY TO COUNTY CONSTRUCTION AND DEMOLITION LANDFILL ACROSS AN UNNAMED TRIBUTARY OF SPENCER'S CREEK LOCATED ON US 264 NEAR MANNS HARBOR, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733- 2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED `^'� DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr.,Secretary February 17, 2003 MEMORANDUM: RECEIVED TO: Mr. William A. McNeil, Director FEB 2 4 2093 Division of Community Assistance IN.OFCOASTALIrMNAGBUT PALEIQH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dare County—Dare Construction & Demolition Landfill Project Location: US 264 near Manns Harbor in Dare County adjacent a manmade canal off Spencer Creek Proposed Project: Construct a second entrance and roadway to the county construction & demolition landfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 10,2003. If you have any questions regarding the proposed project, please contact Frank A.Jennings at(252)264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his 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,:%X Pa, DATE 2 / O .3 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary February 19,2003 DECEIVED MAR 0 3 2003 MEMORANDUM [?IV.OF COARALEIt'.� GEM�T TO: David McHenry Wildlife Resources Commission ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DARE COUNTY-DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT LOCATION: US 264 NEAR MANNS HARBOR ADJACENT A MANMADE CANAL OFF SPENCER CREEK. PROPOSED PROJECT: CONSTRUCT A SECOND ENTRANCE AND ROADWAY TO COUNTY CONSTRUCTION AND DEMOLITION LANDFILL ACROSS AN UNNAMED TRIBUTARY OF SPENCER'S CREEK LOCATED ON US 264 NEAR MANNS HARBOR, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733- 2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY _/`This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This age oves of the project,only if the recommended changes are incorporated. is agency obje is to the project for reasons described in the attached comments. SIG ED DATE 2 —Z Y''yj 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.ne.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper 11L IL"Pt S `/ 3131 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G, Ross Jr., Secretary February 17, 2003 MEMORANDUM: TO: Mr. Jim Simons, Director Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dare County—Dare Construction&Demolition Landfill Project Location: US 264 near Manns Harbor in Dare County adjacent a manmade canal off Spencer Creek Proposed Project: Construct a second entrance and roadway to the county construction & demolition landfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 10,2003. If you have any questions regarding the proposed project,please contact Frank A.Jennings at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. his agency approves of the project only if the reco end d changes are incorporated. See att ched. e:' i w.va s19/oz L Q %�� , ���� z-deg This agency objects to the project for reasons described in the attached comments. ` v SIGNED DATE ^zU U Z 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state,nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary February 17, 2003 MEMORANDUM: F7. MA '2 TO: Mr. Preston P. Pate, Jr. Director Division of Marine Fisheries Q I FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dare County—Dare Construction &Demolition Landfill Project Location: US 264 near Matins Harbor in Dare County adjacent a manmade canal off Spencer Creek Proposed Project: Construct a second entrance and roadway to the county construction & demolition landfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 10,2003. If you have any questions regarding the proposed project,please contact Frank A.Jennings at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. - © This agency has no objection to the project as proposed. ►— This agency has no comment on the proposed project. a ham- / � V This agency approves of the project only if the recommended changes are i incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGN D DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper RECEIVED APPLIED WATER TECHNOLOGY 311 SOUTH ACADEMY STREET JAN 3 CARY,NC 27511 COASTAL MANAGEMENT ELIZABEfH CITY AWT Fax: (919)466-7668 Voice: (919)466-9246 E-mail: awtrnailbox@aol.com January 28, 2003 Mr. Frank A. Jennings N.C. Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 Re: Cub Road Driveway Connection to US 264 County of Dare CAMA Permit Application November 26, 2002 Comments by U.S. Fish & Wildlife Service Dear Mr. Jennings: We have reviewed the above letter by Mr. Mike Bryant of the U.S. Fish & Wildlife Service (USFWS) and are writing in response to those comments, which were submitted to the North Carolina Division of Coastal Management. As stated in Mr. Bryant's letter, apparent increases in traffic on Cub and Bear Roads appear to be his primary concern, with placement of the culvert into the U.S. 264 canal a lesser concern. Currently, Link Road provides the primary access to the County of Dare property and Bear Road. At present, trucks use Link Road to access the County's waste disposal site and rarely go up to Bear Road. Addition of a culvert, as requested in the CAMA permit application, will provide primary access from U. S. Highway 264 to the transfer station and the landfill, and it is true that traffic will increase along a certain limited portion of Cub Road in the eastern half of the County's site. It is expected that there will be a substantial decrease in the traffic along Link Road, which is currently the primary access to Bear Road from the County of Dare's property, since this entrance will close to normal traffic after opening of the Cub Road entrance. Any increased traffic shoa!d be !imited to the eastern half of Cub Road :^�!, the �ounty's own property. From an operaticnul standpoint, normal landfill traffic is currently prohibited from any use of Bear Road, and this prohibition is expected to continue. If there will be any increased pressure to use Bear Road because of the U.S. 264 culvert, access to Bear Road from the County's property can easily be limited by use of the USFWS's existing locking gates located at the intersections of Link and Cub Roads with Bear Road. Access to Bear Road from the County's property can be further reduced by: 1) maintaining the existing County gate at Link Road in a closed and locked position after the Cub Road entrance is available, and 2) keeping Cub Road unimproved for a distance of approximately 1,500 feet from its connection with Bear Road. These measures should discourage any traffic from using Bear Road. Construction of a new road on the County's property parallel to Bear Road is considered unnecessary and may be counter productive. Such a road would contribute to and exacerbate an increase in traffic near Bear Road, which we understand is of concern to the USFWS. The availability of a constructed roadway encircling the property perimeter would also tend to encourage, rather than discourage traffic use of the western side of the County property adjacent to the USFWS's Bear Road and canal. Construction of a new parallel road near the Mr. Frank A. Jennings January 28, 2003 Page 2 western side of the County's property will also reduce the traffic buffer to USFWS property. Secondly, construction of this additional road linking Cub Road and Link Road will unnecessarily increase the site's impervious area, sediment and rainfall run-off potential to the existing canals, and will reduce the agricultural (farm land) buffer area currently provided to the Bear Road canal. Opening of the Cub Road entrance to U.S. Highway 264 will allow concentration of the landfill traffic at the approximate center of the County property, will tend to limit activity to the eastern portions of the County's property, and thus will greatly reduce any apparent need to access the western property area near USFWS property. The potential for the proposed solid waste transfer station to be an attractive nuisance for bears in the area is certainly a possibility and has been factored in by the County of Dare and AWT. Existing State Solid Waste Regulations require that the site have protective fencing, and without such, a Division of Waste Management permit to construct would not be issued. Preliminary planning for the site has anticipated this"bear problem", and although fencing will be provided, we will be seeking a dialogue with the USFWS representatives for their valuable input and recommendations for the best approach to this problem. The County currently monitors both groundwater quality and surface water quality at the landfill site. This quantitative monitoring is a requirement of their Solid Waste Permit. Undoubtedly, if the Division of Waste Management adds additional monitoring requirements, the County will comply. However, at this point, addition of the culvert is not expected to affect those monitoring requirements. Any change in this condition would, of course, need to be re-evaluated by the County. We appreciate this opportunity to provide our review comments to the Division of Coastal Management. Please do not hesitate to contact us should there be any additional questions about the County of Dare's request fora CAMA permit for the Cub Road driveway connection. Sincerely, APPLIED WATER TECHNOLOGY Charles D. Blackwell President cc: Edward L. Mann, Dare County Mike Bryant, USFWS AWT �.�ENT 0F7. F� " O United States Department of the Interior M�Ich3. �9 FISH AND WILDLIFE SERVICE Alligator River National Wildlife Refuge Pea Island National Wildlife Refuge �t�`y �, n� Post Office Box 1969 Manteo, North Carolina 27954 (252)473-1131 473-1668(fax) ' 9; November 26, 2002 Mr. Frank A. Jennings N. C. Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Dear Mr. Jennings: I received and reviewed the "Notification of Intent" to submit a CAMA permit application for placement of a culvert into the U S Highway 264 canal for the purpose of extending Cub Road from the Dare County C& D Landfill property to U S Highway 264. 1 am less concerned about actual placement of the culvert than about the increased traffic along Cub and Bear Roads resulting from increasing use of the landfill disposal cells and the Solid Transfer Station. It appears to me that the permit, if issued, should be conditioned to ameliorate some of the problems that will result from this project. Because of these concerns, I am recommending the following: 1. Increasing the number of waste disposal trucks along the refuge portion of Bear Road is inevitable with opening up Cub Road to US 264. For many reasons, this is a highly undesirable situation that is not in the best interests of wildlife management on the refuge. Therefore, it is recommended that the project be redesigned to include construction of a new road to connect Cub and Link Roads through one of the Dare County farm fields west of the present and planned disposal cells and east of the Bear Road canal. 2. Although not necessarily part of the CAMA permit application, the justification for completing Cub Road is, at least in part, due to the pending construction of the Solid Waste Transfer Station. Because of the odors and available garbage, the station will become an attractive nuisance for the black bear. Dare County should anticipate this "bear problem" and plan accordingly to protect their property and the natural resources of the area. This will require some form of "bear proof' fencing. 3. Along with increasing the scope of the landfill area and the level of use will be the problem of increased pollution. It is imperative that Dare County begin effective water quality monitoring, including canal sediments, for contaminants. Quantitative monitoring is essential to detect migration of contaminants off the landfill sites. The refuge cannot and will not allow contaminants from the landfill to be pumped through the agricultural pump stations. I appreciate the opportunity to provide these comments. If you would like more information, please contact Dennis Stewart, Refuge Biologist at 473-1131 EXT 231. Sincerely, Mike Bryant Refuge Manager cc: Mr. Edward Mann, Dare County Dr. Garland Pardue, USFWS Mr. David Lekson, COE APPLIED WATER TECHNOLOGY 311 S01M I ACADEMYSTMI'T CARY,NC 274�I I < ANN'T Fax: (919) 466-7069 Voice: (919) 466-9246 F.-mail: imm,-ii1boNu.iolcom October 23, 2002 CERTIFIED MAIL RETURN RECEIPT NO. 7099 3400 0011 6189 9144 U.S. Fish& Wildlife Service Alligator River National Wildlife Refuge OCT 3 0 /1 ATTN: Mr. Mike Bryant, Refuge Manager COASTAL hAANAGEMEW Post Office Box 1969 EU-ZAZIETH CITY Manteo, North Carolina 27954 Re: Notification of Intent to Submit a CAMA Major Development Permit Application County of Dare Construction/ Demolition Landfill Southern Expansion Project Cub Road Entrance Improvements Project-Culvcrt Installation at U.S. 264 Dear Mr. Bryant: As required by the North Carolina Coastal Area Management Act (CAMA), this letter provides notice that the County of Dare intends to submit a CAMA Major Development Permit application for construction of driveway connection to U.S. 264 at Cub Road. This notice is being provided bc-causc the U.S. Fish & Wildlife Service / Alligator River National Wildlife Refuge is the adjacent property owner. A copy of the permit application package is enclosed for review regarding the project scope. Any objections or concerns about the proposed driveway connection should be provided in writing to the Division of Coastal Management at 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 to the attention of Mr. Frank A. Jennings. Any comments on the proposed project must be submitted to the Division of Coastal Management within thirty (30) days. If there are any questions about this project, please feel free to contact Mr. Edward 1- Mann. Public Works Director of Dare County at 252-475-5880 or AWT at 919-466-9246. We will be glad to address any questions that you have. Sincerely, APPLIED WATER TECHNOLOGY Charles D. Blackwell President Enclosure: CAMA Permit Application cc: Edward L. Mann. Dare County Postal (DomesticCEOWIED MAIL RECEIPT Only; . Insurance CoverageProvided) S S Article cC3 Postage $ z�ysy —0 �r Certified Fee t♦2.JV?A p7 Jv7 r-q Return Receipt Fee $1.7 �L� (�� ere r� ra (Endorsement Required) C3 Q Restricted Delivery Fee $0.00 (Endorsement Required) qol\2 ��/ 0 Total Poetage&Feee $$6.26 f+�i Ct t:% S y c. L17. m Name(Please Print Clearly)(to be completed by mailer) n cr AW 7-- -.---- c Street,Apt.N .;or K ox N1� �J r— City,State,ZIP+4 PS Form 386v,Jily 1999 See Reverse for Instructions au U SENDER: • •N CC;rviltit FPr THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete Stgnatu item 4 If Restricted Delivery Is desired. •"t ■ Print your name and address on the reverse so that we can return the card to you. gS�-Rec�lved by( led Name) �, Date o`(15 vee ryf `. ■ Attach this card to the back of the mailplece, or on the front if space permits. .1 D. Is delivery address different from item 1? ❑Yes {r 1.. Article Addressed to: If YES;enter delivery address below: ❑ No b Pn- 19 (9 F�a 3 Se ce Type A/C 2 9sy Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 47T•i� lW C, BY�a�� ❑ Insured Mail ❑ C.O.D. /1/• /� 4. Restricted Delivery?(Extra Fee) ❑ Yes : 2. Article Number (Tiansler from service label) y 7 yl (O 7 7 7 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 � �OF VJ ATF9Q �\V� �O G Michael F.Easley, William G. Ross Jr.,Secretary C r North Carolina Department of Environment and Natural Resources 0 Alan W.Klimek,P.E.Director Division of Water Quality DIVISION OF WATER QUALITY July 1, 2002 OCTTH r CITY County of Dare Attn: Mr. Edward L. Mann P.O. 'Box 1000 Manteo, NC 27954 Subject: Stormwater Permit No. SW7020516 Dare County C/D Landfill 2002 Expansion Project Low Density Stormwater Project Dare County Dear: Mr. Mann: This office received your stormwater application for the subject project on May 8, 2002 . Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H. 1000. We are forwarding Permit No. SW7020516 dated July 1, 2002 to Dare County. This permit replaces all previous State stormwater permits for this site, and shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447 . Unless such demands are made this permit shall be final and binding. w0 943 Washington Square Mall Washington, N.C.27889 Telephone(252)946-Wl FAX(252)946-9215 _ r ... County of Dare July 1, 2002 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (252) 946- 6481, extension 264. Sincerely, 9-1 lc oV Jim ulligan Water Quality Regional Supervisor Washington Regional Office lied Water Technology Dare County Inspections WARO Files Central Files State Stormwater Management Systems Permit No. SW7020516 STATE OF NORTH CAROLINA DEPAR2MENT OF ENVIRONMENT AND NATURAL RESOURCES ' ' DIVISION OF RATER QUALITY OCT 3 0 SATE STORMWAT�'D &TkGEMF:NT PERKIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO County of Dare Dare County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H. 1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for vegetated swales, buffers and sediment basins to serve the Dare County Construction/Demolition Landfill, located near Stumpy Point, NC. This Permit replaces all previous State stormwater permits for this site, and shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1 . The following criteria are approved as meeting , the stormwater rules for this project: a. The total area for this project is 130 acres . b. Total impervious area includes 1 . 7 acres existing & 5.9 acres proposed; total allowable is 7 . 6 acres . C. Total number of lots is one. d. Allowable built-upon area must be consistent with proposed restrictions submitted in the application by the permittee. 3 2 . The overall tract built-upon area percentage or lot sizes for the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. 3. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4 . Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3: 1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road b. That minimum amount needed under driveways to provide access to lots . 7 . Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 8 . No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 9. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. "The allowable built-upon area shall not exceed 7 . 6 acres, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking. " 4 b. Items related to stormwater management must remain in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. " C. To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances (ditches, swales, etc. ) associated with the development except for average driveway crossings, is strictly prohibited by any persons. " 10 . The Engineer/Owner/Developer/Permittee must certify in writing that the project' s stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications . 11 . The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Change of ownership d. Redesign or addition to the approved amount of built-upon area . e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 12 . The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements . The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made . IZ. SCHEDULE OF COMPLIANCE 1 . The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: 5 a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface except roads . b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 2 . The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal C. Mowing, and revegetating of the side slopes - d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. 3 . The permittee shall submit recorded deed restrictions limiting built-upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4 . The Permittee shall submit the Engineer/Owner/Designer/ Permittee Certification in accordance with Part I, item 12, within 30 days of completion of the project. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS .1 . Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215. 6A to 143-215. 6C. 2 . The permit issued shall continue in force and effect until revoked or terminated. 3 . The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4 . The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and 6 reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H. 1000; and North Carolina General Statute 143-215. 1 et.al . 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously Permitted amount of built-upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. 6. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7 . The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 1 st day of July, 2002 . NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION h`Alan W. Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7020516 7 r , OCT 0 i" COAS AI-I,IANAGEMENT ELIZAEETH CITY Attachment 7 List of State / Federal Permits APPLIED WATER TECHNOLOGY �V trL DGM% DWQ% Development Type FEE (14300 1601 A35100093 1625 6253) l24300 1602 435100095 2341 1, Private,non-commercial development that does not Involve S250 100%(S250) 0°ib(SO) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or y 00 100%(S400) 0%(SO) excavation of any wetlands or open water areas: lit. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A S.C,or D below applies: tll(A). For Private,non-commercial development,If General water Quality CC°G(S250) 0%(SC Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality $400 100%(5400) 0%(SC) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 40% (S 160 determined that additional review and $400 60%(5240) written DWQ concurrence Is needed because of concems related to water quality or aquatic life: III(D). if General Water Quality 5400 60%(S240) 40 (S16 Certification No.3301(see attached) can not be applied: IV. For development that involves the filling and/or excavation of more S475 6056(S285) 4C%(`199) than one acre of wetlands and/or open water areas: �y..�... NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr,, Secretary February 17, 2003 The Coastland Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice - DARE COUNTY-DARE CONSTRUCTION & DEMOLITION LANDFILL PROJECT Dear Sir: Please publish the attached Notice in the Thursday, February 20, 2003, issue of the Coastland. Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Sincerely, 'I ed Sampson District Manager TS/dc Enclosure cc: Doug Huggett File 1367 U,S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An raal Q=Qrtyniti 1 Affirmative Action Emp!oyer—50%Recycled 1 io%Post Consumer Paper t NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on February 3, 2003. According to said application, DARE COUNTY-DARE CONSTRUCTION & DEMOLITION LANDFILL proposes to construct a second entrance and roadway to the county construction and demolition landfill on US 264 near Manns Harbor in Dare County. A copy of the entire application may be examined or copied at the office of Frank A. Jennings, III, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 27909, (252) 264-3901 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to March 20, 2003, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Thursday, February 20, 2003 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G, Ross Jr., Secretary February 17, 2003 Edward L. Mann Dare County Public Works Director P. O. Box 1000 Manteo, North Carolina 27954 Dear Mr. Mann: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at Cub Road adjacent US 264 near Manns.Harbor in Dare County. It was received on February 3, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 19, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, �4, Frank A. Jennings, III Coastal Management Representative FAJ/dc Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM 1367 U,S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Eaual 0000rtuniN 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Postal CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) r` m a _ IT- 4,ftlq co Postage $ 11.98 ol a -� Certified Fee t4.3O owl S07 _ 04 Postmark Return Receipt Fee $i� �' r7 (Erdorsement Required) 75 Restricted Delivery Fee ++r (Endorsement Required) MIX Q• ��/� 1 �1 Ito C] Total Postage&Fees $$6•03 rTl Nam (Please of Clearty)(to be completed by ader) ----------- lT S ree.Apt.No. or PO Box o. ';• .............................. rl- City 'rate,Z1P+4 �// r G See Reverse for InstructioiF, ,J COMPLETEPS For •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2, and 3.Also complete A;�nature item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse Aja201, ❑Addressee S; so that we can return the card to you. B. Received by(Printed me) Cif f De ve0� ■ Attach this card to the back of the mailpiece, .�� L b or on the front if space permits. : D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No C. --1:)D l ,4TT11. 511 ,�k / 1 3. Service Type j.• 3 a O CT �� 0 Registered Mail ❑ Express Mail ❑ ' Regisgisterr ed Return Receipt for Merchandise ¢'• 2 QQ ❑ Insured Mail ❑ C.O.D. f / 4. Restricted Delivery?(Extra Fee,, ❑ Yes 2. Article r mber from 3 / OD Q 0 // V/99/ /]/� ! t (Transfer lrom service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 lu f C AL6 5.01 T C R�W / T ORIG!NAI. DESIGN 31+59.i 9 C CUB ROAD= AREA 1 = 306 SO. FT. J\ ;/ / XX+XX.XX ( US264 CANAL / ,7'38.1"W Ac�cO•' .4581' — — -7 �•.— f ..�..droLw•7�- = r274 52,0. m m '----- ~ � —ORIGINAL DESIGN ti" / --_ CANAL I AREA 2 =968 SQ. FT. / f' r f / ORIGNAL DESIGN r 3 N )AF: CO P•I.JQL 1 L WORKS � 2 %,—,n= 16:5S — 'STAt'f ? NA N �_-•, r.,i�•t _: ex 5 3 0 Pt: 0 7 3 3 •~. Cf'' •! li I.. o I -T- f:t _�: 1 - FILED '87 SEP 21 Fn `i 48 APPEOVED DORRIS A. FRY - WAE COUNTY TAX REGISTER OF DEEDS COLLECTOR DARE COUNTY. Eli= -Z"i�1 C'i ry N0. 5125r1. 1 Mc.c. Transfer Tax S5.000:00 t S5 A4a?r r — Reoordtne TUM.Boat Oral ewe {L 40TR TAX — Tax Lot Not_-.. ..� _ _. . Parcel Idcatifier Me.._.�_.. �_ ._._ .._... -• Varided by..(JI�TITY .,,1; F _ Cou tr-en the .... .....day of ___......_..._...._......._.__. ....� U._.._..... by _ �W _ _._ _...._...._. ....._... __......__ _ ....__...._ Mail after rccordiaa to _GBAHIEE.-elo..II►tiCht.E;.._4fielese. Attorney_at;_ISM....P....Q...Dox..SOd.__._......... Manteo. HC 27954 _ _ Thls lastrvtae0tras prepared by _df1Qh S. WheatlyRegtonal Counsel t,The Prudgpti,el SltSttt'antt._CO...._. Brief description for the lade: 1 Ake Blvd., Miexphis. TN 38119. NORTH CAROLINA SPECIAL WARRANTY DEED THlB DEED made We ....15th. day of...September...___..._..... .. , 11.87...._b;and becw•eea CAANTOR G&ANTHE THE PRUDENTIAL INSURANCE COMPANY OF AMICRICA COUNTY OF DARE.-a body politic and corporate Suite 300, 855 Ridge Like Boulevard under the laws of the state of North .Carolina Mrsnphisr Tennessee 38119 P. 0. Box 1000 Manteo. North Carolina Z7954 Cats to a►pr"e&ata b"eft fM ear& terirt eta.&.adat"A.aaa.u l*trvrrt&N.rt,.r+cW of&OUST.a4,eervom". w a.rta.r"Jo- The designation Grantor and Craatse as reed homis thall loclode tall p*vUes. tbeir bsire, eecceaaom Lad asataas. tad ♦halt Include singular, plural.maseullae, f*atinice or s*utar as required by costsxt. VnTNISSL-M that the Grantor. for a valvablo consideration paid by the Crantee, the receipt of which 4 hereby &4k=wj4dCv4, has and by Sheri ptetenta Sao gfant, bars&(&. tell and convey eato the Grantee la fee Iliad*. all that eartaio tot or pareal of land llty"to tke City of _......._.____. ...�.rOatrtn..........._..._.... Township, Dare. _.._...Gavots,North Cacollna rod More parilcvtarly described as follow*: SEE EXHIBIT 'A' ANNEXED HERETO AND BY REFERENCE INCORPORATE HEREIN WHICH EXHIBIT, IS SIGNED AT THE BOTTOM FOR IDENTIFICATION BY ASHER M. BECK, YICE PRESIDENT OF GRANTOR. / A Post-It'brand fax transmittal memo 7671 4-ot pages b i fro � � .•'',��,� • ca tJ.J �Q �G�N L Phone• .( F+x 9 � Fax t P E:L 1 t_ t��:JF:k:� ) - j SK530Pc073 `� The propel' hareiaabav described was acpuirtd by Crantur by Instrumtt.t rrcurllr In ...... .... .......... _.. ... A map•ahowtsg the above d"Cribed prorertJ is recorded is Plat Cook Pact...__..•••• TO HAVE AND TO HOLD the atoreiaid at or cartel of land and all priviltees and apPurtca[nces tbtreto btloaQint to tba Grantee(n lee simple- Aed the Ctat�Eee clrrensats aritlt lice Gtanitt, that Grantor has done nothing to impair such title as Grantor received, and Aad Grantor will ise 40"ant "eAAd s w'thead the title a[lillat the lavrfltl claims of ill persoce eiaiminL b7, under or throu[h Grantor. except for the asaeptloaa hersinaftar stated. Title to the PrOPerts 6tre1aabovs described is subjtet to the folloains tycePtions- All IrAttt:rs of PubltC record without reimposing the same. . Ir ' l>N Rt{etae MN[aeor. W OPa•� W,M/te.0 ,•.t ear ♦ud .w1 .•.t.a Y.••e•••�•1u .e A .laclrtIVS.". tat a.~�fe+vam ew.r•.I e,e ..w a/ tL d.lr a.""%, ML.s•e vd Ila•••/L. ae te.•.•l. etll..e ►t at,e••••r 1 Ile •�• .a•.••wr.l•-- COKPANII.OF A}iERICA ....___elf " TN£ PRUDQ{r1A� IN _� y, ................................................... ..... ---....... ............ ........._------ /`-"••• ....... ..... ..«...................._......................�=..tasAsl Abner.N.••8et;k z adt�Sts�fi�t.r f•treeeett{Ca.•e./....q 7 ,. .«...... ._._....., . L a tleewf ttise ee tt.• Clwalr "d flat d•rtwM. p•ulr seal. Cr•e+M. ..._.._-ter...._.«...•....«_....._�.....»_ (tarewsr elNaHe}.r.1e as tale dar sae ata•e-Sedded Lao to«sues ad of fe.Nelae la.l•e�aL ertore e.r err see W+rat•taste er e•.L S\.. _sas r_........ ..... 1f...-� • .t«..r+.�•eWee/« .....�.«.-----... .._....... .»__.....___......Jtatart f•a•w . ..,at"��IT � ] h.S..Siheatl]►•...�•.-----.... •f.�i�..•• t': .. a fl•lar*PSUM of Me Ceeaer ue auu •I..eeeM. tees(/ We f D'�':i••I;.at r•aalw seeds• .t mote dar W arttae_•4»!t!',e!: a� y+ «Yh�.hzit.a «• a«...atr ' 'tf�. pAUOEl1TtAl INSURANCE COMPANY OF J1�]r�,++�.1� .V n+a rme :ft•�e\d.a w.r Of w ...ea.lted.W t.nsedaePTTFrv. tirl`9YM B •mot% � 1j}!r•' ij'PaaWSW...A•a vNs w.w.«w .t as s &U&@"4•V --_•_••September 7-`!+`1,, fw.._ea/Mad lead err.0" LAAq t.e.aL Ii+.l.sLs Hr •e • e••..—«.. ..•�� . �" E' dull .•1990 16 ad •• to Mna al la•ul•sae I•�e sad to W Seals a"•Ke�� Oe Ia/rw•MUM4 r et 1d• .Me.T�taaereet god4L•ases s " set deli„(t+ L�J , .... :.na016sca 0♦ OccO■ Nt . or ;DEL «..�.a.:.ria..w.«at(�.(at,•. )Ar:E CO FUC:�IL iJORKS 2 I El-06.--a l C:5� t c 7 ex S 3 asf3 .�F.? 5 All that certain piece or pareel'of land lying and beir4 is Cr"ran :o.ruahip. Dar& County. Harsh Carolina, sad described as follava. EL.CZ1MjVC at ♦ eCake or other marker lying in and on the vest line Of the right of way of U. S. Highway 764 and at a point thereon which lies !forth A deg. 40 rig. 27 sac, rase 102.95 feet frost another concrete m&rksr, said point of betiaaicg also lying and being North 24 des. t5 sin. 56 sec. East 577.39 feet from a concrete Barker identified ae "%ridge 1974 (said sarkt r lying at the following =r•id coordinates bised an ttl* North North Caraliaa Crid Systems North T76227.15E. Last 294467E-124). ` of begiania6 also 171n9 South 76 deg. 38 s.in. 10 sec. Vaet 60.55 feet fray monument which an sxistiat cotcrecg h itself lies on the game course nt 44.14 feet fray an existing ?. K- nail in the eenterlrte 4 in s 9 sec. of 0. • S. highway- 264 which said nail lies North 32 date East 61.7.29 feet from the concrete surkev identified as "lr••idte •1974"1 procesding thence frog the point of beginning South 76 deg. 38 da. to sec. 'west. along •the South line of leads belonsiet to the United States DeparMent of the Interior (II. S. Tiah and Wildlife Set-vice) 4ri rtha9 deg. _to an :exiatiag concrete monument. then Cornering and running 0 aim. 23 sec. Vest .23.E7 feet to a conerate monument, thence South 91 deg. 24 sin. 20 sec. West 975.64 feat to a concrete mooum*nt. theta• SO-th E deg. 3E ■in. 54 see. Last 1,731.72 fest to a gotcretg montAmut.. thence South 39 deg. 44 sin. 23 sec. Last 8,111.60 fe&C to a concrete sontaett. chants Nor tb 50 deg. 10 tarn. 9 see. Last 3,40.62 feet to a concrete swntasat vhich concrete mon=cot lies on the tang course a0 feet to another aztatia concreta ip�eent and 30 feet beyond that to an teiatint nail OA the.centarliag of the pavement of V. S. Aighva7 264, thence Eras the concreta monumett .on the tdta of the right of va7 its a general florthvestarl7, Eartherly'•and Northeasterly direction f011aVing the curvature of the right of way 0. S. Highway 264 to the paint or place pf beginning. Site 'aforesaid tract is identified on a plat prepared by South&= Surveying: rseorded'in Plat Cibinat _C at Slide 125 in the offlca of the Register. t F.� of Deeds of Dare County, Worth Carolina. All courses is this .leserrptioa are sovrdinated with the Borth Carolina Crid System as further shown an the aforesaid plat. There is also eoovayed bareby g right of access over end upon portions of the read shown oa the aforesaid plat as "tsar Road". lorcioos of the described properties are sub�eet to ssistiot land lesee ^ which tetsinate no later than December 31, 19E7. - �` •hNwaeyq..t1 KUZ-UD FOR IDENTIFICATION THIS 152'DAC OF S�Ptember 1987. V -t0;r1­ nr THE PRUDENTIAL IHSDRAt1C£ C MpAx • Abner M. beCLS I tcm r resident 0 rn<>Z • < --I CD M. Ilk— �o IQ'4 > -D — 1 7 706 z Cf) ......... Or it MAlumn-ir(APPRO.VP 11111MIlt; n I:lllll Ill Il.' tU lull lill 1 i �r 4r ` IllllllllillitU s. 011IMMIllil It 111111tI 11111111 !11111111litilit MIN "g�' ry > —TI UGH �-^. \ , IIIIIIIIIUtlillll C. > t P li I Ilt t 1W11111 Imil il 0 ti )cf ut 011il It lilt,mill lilt > -it r 0 - alll% lilt I oZ Siii lilt I ;11, I Vil !k U z cz 0 z 0 m in > U) nun z t it lilt 0 m z z 0 Ln < It 1111 > 30 > cn o' v rn c PT Z 'o V) 0 10 CANAL e,) m > 0 0 ;u -LL—L1J-LLLjUI I I 1 1111111 It I I I it Ill I I it I lei I it it ij > M Z 6:JD X > OD p o U . S. 264 (100. R/W) 0 > EXISTING ASHPA LTO'. z 00 Z CC) 0 a) 0 c =4 0 > 3 z UNT' f U F DARE , i �A 0 i US 264 SOLID WASTE TRANSFER STATION `0 _DAteJ i� CUB ROADESTENSIONppa 1EDWATER HNOLOGY �Aool ( PHASE I JANUARY, 2003 VEETech, P. Ce 1240 SE Maynard Road #203 Cary, NC 27511 Ph. 919-388-0037 Fag. 919-388-0038 � ttA2N c-q a n.reasvill Hilt \„_sMbl'+ T _ - ; Co1ere1 Y Jy y APPLIED WATER TECHNOLOGY C> on n 311 South Academy Street N. AWT Car N C 2'7 511 y �. Con; "teiyYjT Maeke .. k<: urtRAn lr•'".!% -�.. I i Marine Harbo ` Man °u 0 l Ph. 919-466-9246 Fag. 919-466-7668 _ ` stun ALUGATOR \ RIVER / NA.TICNAI +' INDEX TO DRAWINGS Pik Road /rC neon Grove 'f 'lke wn ' nr'Y ... ;�' 1. COVER SHEET/INDEX TO DRAWINGS/VICINITY& LOCATION MAPS - 9 ven Fairh, 2.SITE MAP x e Bathng0 aO J I 3. PARTIAL PLAN&PROFILE OF PROPOSED CUB ROAD EXTENSION PHASE 1 1 ) �.:- >• Whte Plarna ' s % `I 4. PARTIAL PLAN VIEW OF CUB ROAD Pared Beach ..i 5. DETAILED PLAN VIEW&CROSS-SECTIONAL VIEW OF ^` 3bynLs Cr�pR/ ' �, SA�rova ortstu j CULVERT ON HIGHWAY 264 WESTSIDE CANAL +_' tz i V� HolouCkoh 6.CROSS SECTIONS ON US 264 ¢ 7.TYPICAL SECTIONS DETAILS Lt VICINITY MAP Project Number: 1021 -02-031 LOCATION MAP NOT TO SCALE NOT TO SCALE Al NNAAM O NW END OF BRIDGE / �\ EM. 8.4E / \ •I�\ / PROPERTY OF: \ / U.S.DEPT.OFTNE OTTKRIOR / U.S.F ish and Wildlife Service \ ATTN:Mike Bryant I Post ORke Box AM I I\ J• / `�` Manteo•N.C.27954 CUB ROAD EXTENSION PROJECT ACCESS GATE \`. \G EXISTING SCALE MUM EIRSTMC DFI'CH - GATE BOOTH PHASE I EXTENSION \ PROPERTY OF: / it •\, U.S.DEPT'OFTHE INTERIOR / \,\ I-CJ \•,\ \ �G 8,Top ,I ISM U.S.F bh and WBdIFe Swlke / / ATM:Mike Bryan / '\ \'\ \, ``\ S 0 MGR AP IL RISK H C. Pop Office am 188E 1D eTTDtPY POMT Mantes,N.C.27954 / w STIR YeNTNN se' SON,In / eaepe artF4eo FaAe � \•\, \'\� " `'\ ►Ol'OIR/ _:_:: _____________ _ _ _ _ _ _ _ _ _ _ _ s003100 11RAMa SCE/ BORROW PIT Ise KTWMM WW 10ii°Ac m � I •\ \ as Sn=t9l�r e aD EXPANSION \ / 7omF �.• � — — —0'�— NSION AREA PROPERTY OR FANSION DIRECTION U.S.I U-S.U&F ISO Wi EE ldide S-iox •� 4as \ @, \ 9�e \ '\ ` ` '� (AS NEEDED) I ATTN:Mike Bryan I / \ op —_.—.— .—.—._._.—.—.—.-------------._.—.—.—.—.—.—.—.— Melded, N.C.27954 es / a C� +per '\, aft ACCESS ROAD r GATE '�tl"ef .` 4�i °ls `'\ IdiVi�l�lll' I \'\ V. .............................................................. --- _ I I ems` ��� •\`\\ \. �i\yii • ! PHASE II EXTENSION w; C' 91 mer a— \ I I FDIVa AmR31201Furcas I I Sake a°0wiesaA��e°e Fsimam \\ \ \ 'amar`' arA L s9.ra a not se 1 I R —'— — — Z----------- -------•----------- \ \ I --in----------------------- j I I / --------------------------- I I -----------d — —'---------•--------- — — — — — — —'— —'— j I Oasa °ium.°�:cm,1v�Fm�Oum I I PROPERTY SURVEY MPORYIITON PROP SOUTHERN \\ _—____\a.--__—\—__—_—_—.---_—_--—__ __—---s����"____________________— _---___�* SURVEYING,EFrff HAWK.NC SEPTD�1987,TAX{ --------~---------------I-------~'-- ------------------------------- --------------------- --------- P-151 RECORDED M DEED BOOK NO.880 PAGE NO. 83 - FEAR ROAD Oedgned Dr. COS Rwiaione Project Number. �ra10 LEGEND Drawn COUNTY OF DARE, NORTH CAROLINA er. INN VEETw1 PC. 1021-02-031 —'—em[eraslla Checked By: AS Scole: 1" =eod wm Data: JANUARY, 2003 US 264 SOLID WASTE & tie e� TRANSFER STATION Drowinq Number. ,�_, mmalatmmro.ax. APPLIED WATER TECHNOLOGY c mmo mamerssa a..n CUB ROAD EXTENSION 311 South Academy Street SITE MAP ART Cary, NC 27511 of 7 eaaeul,eeemm oelmm EXISTING EDGE OF PAVEMENT PROPOSED EDGE OF PAVEMENT /A/ PROPOSED EDGE OF SHOULDER /NOTE: AND SOLDIER PILE & LAGGING WALL PIPE INVERT ELEVATIONS TO B�FIELD ERIFIED / / / =NOTE: SUGHT ADJUSTMENTS OF ELEV / / ONS TO BE FIELD VERIFIED MAY BE REOUIRED OF ELEVATIONSREINFORCED CONCRETE ENDWALL 50' 10 FOR DOUBLE 60" PIPE 1j.0' / / / CURVE TABLE � INV. I ELL.. —2.0' RE 0x CMP / CURVE # RADIUS LENGTH TANGENT DELTA NV. N INFORCED CONCRETE ENDWALL, / / D INV. OUT EL. -2.9' 36 PIPE - 90' SKEW / Cl 3000' 82.87' 41.44' i°-34'-57" FOLLOW NCDOT ROADWAY STANDARD N 0 e n c/L CULVERT DRAWING 838.01 �y / / q C2 3000' 117.86' 58.94' V—15'-03" = STA. 23+87.53 OURS C3 60' r �VI 2-60 0 CMP R/ Q �; / / C4 60' / INV. IN EL -3.2' v 3Q/ / / 31+59.19 CUB ROAD- z o n II INV. OUT EL. 4.0' m \ + ro POND S264 XX+XX.XX U N — — — CANAL v + - C7 ro 175.42 44.6 E -C OS7T1T32"W I ~ o ~ ~ ~ ��CUB ROAD 577-57 431— j+84.39 O Z � �EXIST.)T ' o o h + HOLE C____. — --�, = pWATER0. /C/L CULVE _ (TO BE +1 - g �+ CANAL � /� / STA. 31+1 .92 REMOVED) 1 ` � �pp105 u u^ /j/ / CONSTRUCTION NOTES: PHASE 2 _ PHASE 1 CONSTRUCTION o CONSTRUCTION 1 ` ®/// / m CLEARNING PROJECT SITE PER SPECIFICATION. j Y m REMOVE TOP SOIL (MIN. 6") PER SPECIFICATION OR DIRECTED C BY THE GEOTECHNICAL ENGINEER. CONSTRUCT STREET PER TYPICAL SECTION. Z PLAN EXISTING BORROW PIT1 1 SCALE: H:1"-50' / 1 _ REINFORCED CONCRETE ENDWALL, 1 FOR DOUBLE 60" PIPE LEGEND: --•-- - WETLAND LINE —--— WATER EDGE/DITCH EDGE HIGH POINT 2- =4+00 24+17.99 LOW POINT ELEV- 4.05 PVI STA - 31+26.50 .93 PVI STA HIGH POINT STA 17. LOW POINT STA - 27+18.74 PVI ELEV- 6.35 a 20 LLL3.1% A.D. - 1.42 K - 14.05 18 16 200C IQ 14 0�0 12 a + N > D 10 LS W m 8 m w > m > w _r 6 Za -- -- — -- — — — — m 1 N 2 I /L CULVERT N ' + o9ii 0 -2 IN IN E -2. N 12-%"0 CMP INV. IN EL -3.2' 0 _4 OUT EL. -4.0' CD -6 -8 DAFUJI ELEV -10.00 omn� �� n t°e m et° a ,n°' 'c'g e� m -a o n� a v�o o n„Nj a! -m a m ° n N NY oe e "�e 'f.i e� ea ea a� a ea a ea A 4 v as ea as d N� I(f4 wi °'I vj 'n NN N iO vj �19 N� b N� le V)� 23+00 23+50 24+00 24+50 25+00 25+50 26+00 26+50 27+00 27+50 28+00 28+50 29+00 29+50 30+00 30+50 31+00 31+50 PROFILE SCALE: H:1"-50' V:1"-5' pedgned Bi,- NP Rerlelene Prolec+Number. pro•n BY. ACs COUNTY OF DARE, NORTH CAROLINA V�?jj!TptN mu P Ce Checked er: As m j-�-,�A x 1021-02-031 US 264 SOLID WASTE soel.: As Norep oe+.: 1ANUAnr, :oos TRANSFER STATION & prorinq Number. CUB ROAD EXTENSION e� APPLIED WATER TECHNOLOGY 3 PHASE I 311 South Academy Street PARTIAL PLAN & PROFILE ART Cary, NC 27511 of 7 EXISTING EDGE OF PAVEMENT PROPOSED EDGE OF PAVEMENT PROPOSED EDGE OF SHOULDER AND SOLDIER PILE & LAGGING WALL 1 OF US264 NOTE: PIPE INVERT ELEVATIONS TO BE FIELD VERIFIED / / 8.0 SLIGHT ADJUSTMENTS OF ELEVATIONS 5.0' 1/20' l PR P. P V M N T MAY BE REQUIRED 1�/ r REINFORCED CONCRETE ENDWAIL, 4.0 FOR DOUBLE 60" PIPE / I END Or 2 CUR 2-60"0 CMP B & UTTE INV. IN EL. -3.2' GR Q �C l / 2 `':'. INV. OUT EL. -4.0' 0.0 TOTAL WETLAND AREA j / % / 31+59.19 C CUB ROAD= DISTURBED=2641 SO. FT. / / XX+XX.XX US264 / / - - - - - - ----- - - - ' A K IL M T RI L B 2 60 'O C P CANAL `\� 'S' ; (PRO 0 E +S77'S7_38.1"W 30+00 431.4581' - �— - CUB ROAD l / -.__.__.__.__ �.' Q // / ; -100 -80 -60 -40 -20 0 20 C/L CULVERT CANAL >j 4� / STA. 31+11.92 / SECTION D-D SCALE: H:1"=20' V:1"=4' µC F I V E D SCALE: N-SD FEB 3 2OPI COASTAL MANAGEMENT ELIZABETH CITY D..Ipn.d By: HP UAW— By: HP COUNTY OF DARE, NORTH CAROLINA Propct 1021—. cn.ak.e By: AS Aan P.C. 1021-02-031 Dal.: JANUARY,2003 US 264 SOLID WASTE S.W.: AS NOTED TRANSFER STATION & DmwinB Numb— CUB ROAD EXTENSION APPLIED WATER TECHNOLOGY 4 PHASE I 311 South Academy Street PARTIAL PLAN VIEW ALIT Cary. NC 27511 or 4 EXISTING EDGE OF PAVEMENT PROPOSED EDGE OF PAVEMENT PROPOSED EDGE OF SHOULDER AND SOLDIER PILE & LAGGING WALL / NOTE: PIPE INVERT ELEVATIONS TO BE FIELD VERIFIED NOTE: / PIPE INVERT ELEVATIONS TO BE FIELD VERIFIED / SLIGHT ADJUSTMENTS OF ELEVATIONS SLIGHT ADJUSTMENTS OF ELEVATIONS so' 112p"Riw; MAY BE REQUIRED MAY BE REQUIRED /I 17 1-36"Ox67' CMP INV. IN EL. —2.0' REINFORCED CONCRETE ENDWALL, REINFORCED CONCRETE ENDWALL, INV. OUT EL. —2.9' 36" PIPE — 90' SKEW FOR DOUBLE 60" PIPE / C L CULVERT FOLLOW NCDOT ROADWAY STANDARD �I DRAWING 838.01 ENo of /e 4u l STA. 23+87.53 >, z-6o'D CMP ? cURe �-UI INV. IN EL. -3.2' GUTlER Q �l l , INV. OUT EL. -4.0' 2/ CJY 29 n / / 31+59.19 E CUB ROAD= � TOTAL WETLAND AREA / DISTURBED=2641 SO. FT. '! / XX+XX.XX US264 Q POND ----------- ------------------------ tl + + L-_ o CANAL t —_'- -------------- _ w C1 + co hi 2b+UO N75'42'34.6"E r Q --}— o 577'57'38.1"W 30+00 I S77'17'32"W 431.4581' — QD CULVERT z = (EXIST.) C/L CULVERT _ CANAL(TO BE N — — — ./, o % sra. 31+11.sz > REMOVED �,., P 0 3 / O z EXISTING BORROW PIT 1 1 ` EVED PLAN PLAN FEB 3 2F') SCALE: H:1"=50' SCALE: H:1"=50' �.:UASTAL MANAC MENT ELIZAD--4-1 4-. HP RMalena Project Number. D o� BY. HP COUNTY OF DARE, NORTH CAROLINA I `7mi Tech P.C. 1021-02-031 m—i s yem rl pa Kim] Lh-ek�d 9y; Ag � 5<al�: AS NOTED US 264 SOLID WASTE o- DaN: JANUARY,3003 TRANSFER STATION & D—Inq Numb., CUB ROAD EXTENSION APPLIED WATER TECHNOLOGY 4A PHASE I 311 south Academy street PARTIAL PLAN VIEW AWT Cary, NC 27511 of-7 I I I I t Ti � I I I , i i'�—rrc ENE crP, I I 470g00•\�\I I \ /, ��, Q9V00" I \ \ tm LK(TAP.) , �M IK".) r-r r-r \\ � / / � 4•-r r-r tY�• /for tY-e• UPSTREAM HEADWALL PLAN VIEW \ \ /scuE DOWNSTREAM HEADWALL PLAN VIEW 3/B.r—r \\ \ / r-r r-r 4''r \\ r-r _ 4'-r I y O I � bb I ryl I � � I I I I I I I ---1--- I ---- NV.NEL-Ir wv.OUT EL—4.0' ————— —— ——— ——— —— ———— b ti UPSTREAM HEAD WALL ELEVATION VIEW DOWNSTREAM HEAD WALL ELEVATION VIEW SCALE 3/8•-1'-0• SCALE: 3/8•=1'-0• D.alg-d By: MP Rwirlenf Drown By: ACS Pro)wet Numbwr. 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Q (2) VARIES _0 O .02 .02 — — — — _ — . 3X .02 .02 I .02 .02 SPX. 3:t .. © I MpX Mqk. O © © O EXISTING PAVEMENT10\ Q 0 Q TYPICAL SECTION TYPICAL SECTION FOR US 264 WIDENING PROPOSED CUB ROAD NTS NTS FROM: STA. 6+53.43 TO STA. 23+0.00 CUB RD. CONSTRUCTION NOTES: 4' SHOULDER 14'-0" 14'-0'• 4' SHOULDER 12'-0" I 12'-0" 1Q 2" AC SURFACE COURSE I O Q2 2" AC BINDER COURSE 03 8" ABC ® 2'-0" ROLL TYPE CURB & GUTTER 1 I 1 QS SOLDIER PILE AND LAGGING SYSTEM q .02 .02 I .02 .02 N,pX• ON 4" ABC 07 GUARD RAIL � ® 8' X 12" MEDIAN CURB ® T(3)STD. 2'-0" ROLL TYPE TYPICAL SECTION CURB & GUTTER PROPOSED CUB ROAD NTS FROM: STA. 23+0.00 TO STA. 31+59.19 D..Ign.d BY: HP R.rhto"' Pmject Number: Draw By: ACS COUNTY OF DARE, NORTH CAROLINA VEEP pC P.C. Ch..k.d By-. AS Iua s rrLdII q mu 1021-02-031 QD D.I.: JANUARY• 2003 US 264 SOLII) WASTE Scale: AS NOTED TRANSFER STATION & Drawing Number: CUB ROAD EXTENSION APPLIED WATER TECHNOLOGY 7 PHASE .i 311 South Academy Street TYPICAL SEC'PIONS ART Cory, NC 27511 ar 7