19990157 Ver 1_COMPLETE FILE_19990801

State of North Carolina
Department of Environment
and Natural Resources •
Division of Water Quality '&4?j
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
September 30, 1999
DWQ# 99-0157
Dare County
North Carolina Wildlife Resources Commission
512 North Salisbury Street
Raleigh, NC, 27604
Attn: David Allen
APPROVAL of 401 Water Quality Certification
Dear Mr. Allen
You have our approval, in accordance with the attached conditions, to construct a ten acre island in
the Pamlico Sound near Marker 23 Hatteras Ferry Terminal as you described in your application received
by the NC Division of Coastal ivlanagement on February 10, 1999. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certificationy Number 3112. This
Certification allows to use your CAMA Permit when the NC Division of Coastal Management issues it.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA
Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
/ Kerr T. Stevens
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Doug Huggett, DCM
Mr. John Dorney
David Allen, 355 Paul Drive, Trenton, NC, 28585
Central Files
990157
DIVISION OF COASTAL MANAGE
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC WRC - Rollinson Channel Colonial W
` B 2 41999
I J FE
2. LOCATION OF PROJECT SITE: Adjacent Hatteras Ferry Channel, Partili
Photo Index - 1995: 171-1752 (D-12) 1989: 5198-5 (V-8)
1984: 147-387 (N-3) 1978: 91-1358 (R-14)
State Plane Coordinates - X: 2980550 Y: 549900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8 December 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 10 February 1999
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - None
Planned - 10 acre island
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
County
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow water habitat; PTA;EW
522 720 .ft.
(D) Total Area Disturbed: 522,720 sq.ft (12 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a 10 acre island in the Pamlico Sound near
Marker "23" Hatteras Ferry Channel for nesting colonial waterbirds in Public Trust Waters and
Estuarine Waters AECs.
NC WRC
Bio Report
Page Two
The development site is located at 35°13'N, 075°42'55"W, 250 yards north of Marker "23" Hatteras
Ferry Channel and 1700 yards northwest of the Hatteras Ferry Basin, Hatteras Island, Dare County, North
Carolina. The site is an open water area of the Pamlico Sound and has a sandy bottom with water depths
averaging -5 ft. below normal water level (NWL). Large beds of submerged aquatic vegetation (SAV)
including widgeon grass and eel grass are present in close proximity to the site. The waters of the Pamlico
Sound are classified as SA by the Division of Environmental Management and are open to shellfishing
according to the Shellfish Sanitation Branch.
In order to provide habitat for nesting colonial waterbirds, the applicant proposes to construct a 10 acre
island from spoil material derived from regular maintenance of the Rollinson and Hatteras Ferry Channels
performed by the Wilmington District USACOE. The applicant indicates that approximately 12 acres of
shallow bottom will be filled to create the 10 acre island. The will have a maximum elevation of +10 ft.
above NWL and will require approximately 96,800 cubic yards of fill material to be placed below NWL.
The fill material is identified by the applicant as being "beach quality material" consisting of medium to
course grain sand and shell. There are no plans to stabilize the island either by vegetation or by structures.
An Environmental Assessment has been circulated by the applicant for this project. Approximately 12
acres of shallow water habitat, Public Trust Area, Estuarine Waters Areas of Environmental Concern will be
filled by the construction of the island. Temporary water turbidity will occur during the construction period.
No SAV's are to be impacted by the project.
Submitted by: Frank A. Jennings, III
Date: 10 February 1999
NC WRC
Bio Report
Page Two
The development site is located at 35°13'N, 075°42'55"W, 250 yards north of Market "23" Hatteras
Ferry Channel and 1700 yards northwest of the Hatteras Ferry Basin, Hatteras Island, Dare County, North
Carolina. The site is an open water area of the Pamlico Sound and has a sandy bottom with water depths
averaging -5 ft. below normal water level (NWL). Large beds of submerged aquatic vegetation (SAV)
including widgeon grass and eel grass are present in close proximity to the site. The waters of the Pamlico
Sound are classified as SA by the Division of Environmental Management and are open to shellfishing
according to the Shellfish Sanitation Branch.
In order to provide habitat for nesting colonial waterbirds, the applicant proposes to construct a 10 acre
island from spoil material derived from regular maintenance of the Rollinson and Hatteras Ferry Channels
performed by the Wilmington District USACOE. The applicant indicates that approximately 12 acres of
shallow bottom will be filled to create the 10 acre island. The will have a maximum elevation of +10 ft.
above NWL and will require approximately 96,800 cubic yards of fill material to be placed below NWL.
The fill material is identified by the applicant as being "beach quality material" consisting of medium to
course grain sand and shell. There are no plans to stabilize the island either by vegetation or by structures.
An Environmental Assessment has been circulated by the applicant for this project. Approximately 12
acres of shallow water habitat, Public Trust Area, Estuarine Waters Areas of Environmental Concern will be
filled by the construction of the island. Temporary water turbidity will occur during the construction period.
No SAV's are to be impacted by the project.
Submitted 'by: Frank A. Jennings, III
Date: 10 February 1999
Form DCM-MF-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name North Carolina Wildlife Resources Comm.
Address 512 N. Salisbury St.
City Raleigh
State NsC
Zip 27604 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name David H. Allen
Address 355 Paul Dr.
City Trenton
State NsC
Zip 2885 Day Phone [phone]
Fax Nsone
c. Project name (if any) Rollinson Channel
Colonial Waterbird Island
NOTE. Pernet will be issued in name of lmidow w(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Near Hatteras Inlet (see map in EA)
c. Street addre,, or secondary road number
gone
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Deposit as much as 350,000 cu yds. of high
quality sand oue a com ina ion o open
water isposa and? con o -o -e uen o re-
create a colonial water it nestins is an.
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? Conservation
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If moresp ace is nee4ed, please attach
additional pages. The purpose is to replace two
islands which have been severely ero e to t
point where thev can no longer be use v
nesting terns and skimmers. Dredged material
on
Ferrv Channels. For a detailed description of
dredging activities see the and FONSI for
-Maintenance Dredging o o ane, von, and
Rollinson Channels, as well as the Final
Environmental Statement, Maintenance of the
Nsavigation Projects on the Sounds of NC.
Revised 03195
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 12 ac.
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL 3-6 feet below N1LW
d. Soil type(s) and texture(s) of tract
High quality (beach grade) sand and shell
e. Vegetation on tract Nsone
f. Man-made features now on tract Mone
g. What is the CAMA Land Use Plan land
classification of the site? (consult the loosi land we p1m.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned > y local government?
water, conservation
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) Other _R
If yes, has a delineation.been conducted? no
(Attach documentation, if available)
All open water, no SAV or marsh
m. Describe existing wastewater treatment facilities.
Nsone
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
M one
o. Describe existing drinking water supply source.
None
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims tide
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2' by 11 " white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/45
Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER NEone
CHARACTERISTICS
a. Size of entire tract 12 ac. n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) wastewater, industrial/commercial effluent, 'wash
do " and residential discharges.)
c. Approximate elevation of tract above MHW or N`--one
NWL. 3-6 feet below NLW
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
Hish quality (beach grade) sand and shell None
e. Vegetation on tract None
f. Man-made features now on tract Nsone
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consnk the local lad we plan.) In addition to the completed application form the
following items must be submitted
X Conservation Transitional
Developed Community

• A copy of the deed (with state application only) or
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? claiming to be the owner of said property, then
water, conservation 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 from the owner to carry out the project.
zoning? X Yes No
(Aaach zon;ng compliance cernfic e, if applicable) • 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 IR" by 11" white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) Other X
If yes, has a delineation.been conducted? no
(Anach documsentadc". if available)
All open water, no SAV or marsh
Pkase note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
ReAsed 03/95
Form DCM-MP-1
site. Include highway or secondary road -(SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Cape Hatteras National Seashore
Address Attn: Russel Berrv
Phone ox t. anteo, L 27954
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Mone
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public- lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in- response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 31 day of, 19
Print Name Charles Fullwood /
Signature
Landowner or Ajahorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
- DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Colonial Waterbird Nesting Island.
Average Final
Existing Project
ungtn vnaxn
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 350 13' 00" 750 42' 55"
along Hatteras Ferrv Channel
b. Dimensions of disposal area Kidney bean shaped.
900'X 600'
c. Do you claim title to disposal area?
X Yes No Public waters
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
If yes where? At this same location. and on the
beach and near surf zone dust as matena is eing
isposea of now.
*Excavation will be done by the Wilmington District COE under maintenance of Rollinson and Hatteras
Ferry Channels. No new excavation will take place.
Revised 03/95
Form DCM-M31-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Colonial Waterbird Nesting Island.
Average Fbal
Existing rrniect
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 350 13' 00" 750 42' 55"
along Hatteras Ferrv Channel
b. Dimensions of disposal area Kidney bean shaped.
900'X 600'
c. Do you claim title to disposal area?
X Yes No Public waters
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
if yes where? At this same location. and on the
beach and near surf zone dust as material is being
lsposea of now.
*Excavation will be done by the Wilmington District COE under maintenance of Rollinson and Hatteras
Ferry Channels. No new excavation wi? take place.
Revised 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
X Yes No
Open water.
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap Nsone
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material Beach grade sand
i. Source of f?JI mat"al Rollinson Channel
atteras r erry mat" al
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water Maximum: 350,000 cu. yds.
(2) Dimensions of fill area ' 600-
(3) Purpose of fill o build a site or
Colonial nesting water it s.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and er si n controlled? B directing fill only within
a staked out location, Men control 0
shallow, efftent.. Water is grain size o
material is large.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Hydraulic dredge, and bull-dozer
c. Will wetlands be crDssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. Barged over water
Rollinson Channel Colonial Waterbird Island
Applicant or feet Name
Signature
Date
Revised 03/95
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NC WRC
512 N. Salisbury Street
Raleigh, NC 27064
Dear Mr. Allen:
Re: Dare County
DWQ # 990157
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 28, 1999
2C
PAYMENT
RECEIVED,
,I
On February 18, 1999 the Division of Water Quality sent a letter stating your
project was on hold since a fee in the amount of $475.00 was not received with the
application. To date, we have not received the mentioned information regarding this
project.
If we do not hear anything from you within two weeks of the date of this letter, we
will be forced to withdraw the project.
If you have any questions, please contact Cyndi Bell at 919-733-9502.
S Vhl. Jo D ey
cc: Washington DWQ Regional Office
Wilmington District Office Corps of Engineers
Washington Field Office Corps of Engineers
John Dorney
Central Files
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
61L.9WAA •
AO-ftft
Al?
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 18, 1999
NC WRC
512 N. Salisbury Street
Raleigh, NC 27604
Dear Mr. Allen:
Subject: DWQ # 990157
Dare County
On February 17, 1999, your application for a 401 Water Quality Certification for
replacing two eroded islands in Dare County was received by the N.C. Division of Water
Quality. The Division will begin to review the project for eventual decision. However,
please be aware that beginning January 1, 1999 that the N.C. General Assembly passed
legislation requiring payment of a fee of $475.00 for this project. The 401 Certification
cannot be issued until this fee is paid. Until that time, your application will remain on
hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
Sinc r y,?
John . Dorney
cc: Central Files
Washington DWQ Regional Office
Washington Field Office US Army Corps of Engineers
Cyndi Bell
John Dorney
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources &4a
0Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Wayne McDevitt, Secretary Kerr T. Stevens, Director
Division of Water Quality
Environmental Sciences Branch
FROM;
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NO. OF PAGES INCLUDING THIS SHEET;
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4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX;[phone]
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 25, 1999
Regulatory Division
Action ID No. 199910687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
MAR ' 31999
Please reference the application of the NC Wildlife Resources Commission for Department
of the Army (DA) authorization and a State Water Quality Certification to discharge dredged
spoil material into the waters of Pamlico Sound and construct a 10 acre colonial nesting bird
island, adjacent to the Hatteras Ferry Channel, Hatteras Island, 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 April 27, 1999, 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 [phone], extension 23.
Sincerely,
M4244
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
A 71
NCDENR
MEMORA
JAMES B. HUNTJR.
GOVERNOR TO:
WAYNE MCDEVITT
SECRETARY
DONNA D• MOFFITT
DIRUCTOIt
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
February 11, 1999
a? FEB 1 7 1999
John R. Dorney, Environmental Biologics f„ ,
Division of Coastal Water Quality ?!A_fR 01 iA,! `r r
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
NC WRC - Rollinson Channel Colonial Waterbird Island
Near Marker "23" Hatteras Ferry Channel in Pamlico Sound, Dare
County
Construct a 10 acre island for nesting colonial waterbirds in Pubic
Trust Waters and Estuarine Waters AECs.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 4, 1999. If you have any questions regarding the proposed project,
please contact Frank A. Jennings, III at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY:
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes
are incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
ELIZABETH CITY OFFICE
1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50`Yo RECYCLED/10% POST-CONSUMER PAPER
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC WRC - Rollinson Channel Colonial Waterbird Island
2. LOCATION OF PROJECT SITE: Adjacent Hatteras Ferry Channel, Pamlico Sound, Dare County
Photo Index - 1995: 171-1752 (D-12) 1989: 5198-5 (V-8)
1984: 147-387 (N-3) 1978: 91-1358 (R-14)
State Plane Coordinates - X: 2980550 Y: 549900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8 December 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 10 February 1999
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - None
Planned - 10 acre island
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED 9TMR
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow water habitat; PTA•EW 522,720 s .ft.
(D) Total Area Disturbed: 522,720 sq.ft (12 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a 10 acre island in the Pamlico Sound near
Marker "23" Hatteras Ferry Channel for nesting colonial waterbirds in Public Trust Waters and
Estuarine Waters AECs.
NC WRC
Bio Report
Page Two
The development site is located at 35°13'N, 075°42'55"W, 250 yards north of Marker "23" Hatteras
Ferry Channel and 1700 yards northwest of the Hatteras Ferry Basin, Hatteras Island, Dare County, North
Carolina. The site is an open water area of the Pamlico Sound and has a sandy bottom with water depths
averaging -5 ft. below normal water level (NWL). Large beds of submerged aquatic vegetation (SAV)
including widgeon grass and eel grass are present in close proximity to the site. The waters of the Pamlico
Sound are classified as SA by the Division of Environmental Management and are open to shellfishing
according to the Shellfish Sanitation Branch.
In order to provide habitat for nesting colonial waterbirds, the applicant proposes to construct a 10 acre
island from spoil material derived from regular maintenance of the Rollinson and Hatteras Ferry Channels
performed by the Wilmington District USACOE. The applicant indicates that approximately 12 acres of
shallow bottom will be filled to create the 10 acre island. The will have a maximum elevation of + 10 ft.
above NWL and will require approximately 96,800 cubic yards of fill material to be placed below NWL.
The fill material is identified by the applicant as being "beach quality material" consisting of medium to
course grain sand and shell. There are no plans to stabilize the island either by vegetation or by structures.
An Environmental Assessment has been circulated by the applicant for this project. Approximately 12
acres of shallow water habitat, Public Trust Area, Estuarine Waters Areas of Environmental Concern will be
filled by the construction of the island. Temporary water turbidity will occur during the construction period.
No SAV's are to be impacted by the project.
Submitted by: Frank A. Jennings, III
Date: 10 February 1999
Form DCM-M -1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name North Carolina Wildlife Resources Comm.
Address 512 N. Salisbury St.
City Raleigh State NBC
Zip 27604 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name David H. Allen
Address 355 Paul Dr.
City Trenton State NsC
Zip 28585 Day Phone [phone]
Fax Nsone
c. Project name (if any) Rollinson Channel
Colonial Waterbird Island
NOTE. Permit will be issued in name of landowner(s), ad/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Near Hatteras Inlet (see map in EA)
c. Street addre,%oneecondary road number
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Deposit as much as 350,000 cu yds. of high
quarry sang tnrougn a combination of open
water isposa an con ro -o -e uen o re-
create a co onia water it nesting is n d.
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? Conservation
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. The purpose is to replace two
islands which have been severely ero e to t
point where thev can no Ionizer be use v
_nesting terns and skimmers. Dredged material
on
see
Maintenance Dredging o o ant e, von, and
Rollinson Channels, as well as the Final
Environmental Statement, Maintenance of the
Nsavigation Projects on the Sounds of NC.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 12 ac.
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL 3-6 feet below MLW
d. Soil type(s) and texture(s) of tract
High quality (beach grade) sand and shell
e. Vegetation on tract Mone
f. Man-made features now on tract Mone
g. What is the CAMA Land Use Plan land
classification of the site? (Considl the local laid use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
water, conservation
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certifiaatc, if applicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? _X _Yes _No
Coastal (marsh) Other X
If yes, has a delineation been conducted? no
(Attach docnnnemadon, if available)
All open water, no SAV or marsh
m. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
Mone
o. Describe existing drinking water supply source.
Nsone
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2' by I I" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Cape Hatteras National Seashore
Address Attn: Russel Berrv
Phone ox 675 t. anteo, 27954
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Mone
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 3 day of, 19
Print Name Charles Fullwood
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Colonial Waterbird Nesting Island.
Average Final
Existing Project
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabil'vstion)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 35° 13' 00" 75° 42' 55"
along Hatteras Ferry Channel
b. Dimensions of disposal area Kidney bean shaped.
900'X 600'
c. Do you claim title to disposal area?
X Yes No Public waters
if no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
If yes where? At this same location. and on the
beach and near sur zone dust as matena is being
isposen of now.
*Excavation will be done by the Wilmington District COE under maintenance of Rollinson and Hatteras
Ferry Channels. No new excavation will take place.
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
X Yes No
Open water.
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap None
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
Beach grade sand
i. rce of l mat al Rollinson Channel
HatterasTerry Panne
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water Maximum: 350,000 cu. yds.
(2) Dimensions of fill area X 00'
(3) Purpose of fill o build a site or
Colonial nesting water it s.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and er si n controlled? B directin fill only within
a sta?Cec? out location, en control 0
grain size o
material is large.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Hydraulic dredge, and bull-dozer
c. Will wetlands be cr5ssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. Barged over water
Rollinson Channel Colonial Waterbird Island
Appikant or ll?qlect Name
Signature
Date
Revised 03/95
Figure 3. Contour of Bird Island
Elevation above MLW in 2 ft. increments
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