20052226 Ver 2_CAMA Application_20110509

ID 2o a.3 u 2
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
May 6, 2011
MEMORANDUM
TO: Cyndi Karoly URUL90WRI
Environmental Biological Supervisor Division of Water Quality MAY 5 2011
DENR- WATER QUALITY
FROM: Doug Huggett S AND STORMWATER WMCH
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: PIRATES COVE BOAT SLIPOWNER'S AS SOCIATION
Project Location: Side Channel ##7, off west side of Roanoke Sound channel, Roanoke Isl.
Proposed Project: Major Modification of 106-04; Re-alignment of navigation channel
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 05/27/11 to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www,nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
Nof flCarolina
Nlltllrallif
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Pirate's Cove Slip Owners Association,
Major Modification #106-04, Side Channel #7
2. LOCATION OF PROJECT SITE: Side channel off west side of Roanoke Sound
channel north of Washington Baum Bridge, US 64/264, Roanoke Island, Dare County
Photo Index- 2000: 183-2136 (W19) 1995: 183-1896 (W9, W10) 1989:151-7(17)
1984: 140-503 (E16)
State Plane Coordinates - X: 2995850 Y:797500
Rover File: C070513A Quad: Manteo (LR)
3. INVESTIGATION TYPE: CAMA, Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/09/2011
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 05/05/2011
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Channel
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Navigation channel
Planned - No change
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Estuarine Waters/Public Trust Area 65,800 SF
(B) Estuarine Shoreline 1,400 SF
Spoil disposal
(C) Uplands (outside of AEC) 390,640 SF
Spoil disposal
(D) Coastal Wetlands 1,375 SF Temporary
disturbance from pipe
(E) Total Area Disturbed: Water - 65,800 SF (1.5 acres)
Land - 393,415 SF (9.03 acres)
(F) Primary Nursery Area: No
(G) Water Classification: SA Open: No
Field Investigation Report
Pirate's Cove Slip Owners Association, Major Modification #106-04, Side Channel #7
Page 2
8. PROJECT SUMMARY: The applicant proposes to re-align an authorized navigation
channel that connects Pirates Cove Marina with the Roanoke Sound main channel.
Proiect Settinq
The development site is the channel area of the Roanoke Sound that connects Pirates Cove
Marina basin with the main navigation channel for Roanoke Sound. The site is located to the
northwest side of the Washington Baum Bridge (US 64/264), Roanoke Island, Dare County.
The channel, designated as Side Channel #7 by the applicant, has existing water depths that
range from -5 feet to -12 feet within a 100-foot wide and a 640-foot long area and water depths
ranging from -4 '/z feet to -12 feet along the 20-foot wide side slope areas. The Roanoke
Sound channel is a federal channel that has a project depth of -12.
The proposed spoil disposal site is located approximately 700 feet to the south of the dredge
area site on the southeast side of the Washington Baum Bridge. The proposed disposal site is
owned by the North Carolina Wildlife Resources Commission (WRC). The site is a former
dredge spoil disposal site now vegetated primarily with Eastern red cedar (Juniperus virginiana)
and bounded by 404 and coastal wetlands (Juncus roemerianus) on three sides. The 404
wetlands shown along the disposal site adjacent to the Roanoke Sound have eroded away
since the site plan was completed in November of 2009, creating an approximately 500-600
linear foot area that is an eroding bluff approximately 10 feet high.
The waters in this area are classified as SA and are closed.
Development Proposal
The applicant proposes to hydraulically dredge Side Channel #7 to a depth of -11.5 feet below
NWL. The channel dimensions will be 100 feet wide at the bottom and 658 feet long. The size
of the dredging area will be approximately 65,800 sf (1.47 acres).
The proposed disposal site will be cleared of vegetation. A 5-foot high berm is proposed to be
constructed around the spoil disposal site with 2:1 slopes. The berm will be constructed by
digging out the interior of the disposal site.
A pipe will run from the dredge site to the disposal site a distance of approximately 700 feet.
The pipe will go under the Washington Baum Bridge, cross the Washington Baum Bridge Boat
Access area parking lot and canal, and cross approximately 275 linear feet of coastal wetlands
to get to the upland and disposal site.
A permit authorizing the dredging of Side Channel #7 was previously issued to the NC Division
of Water Resources under Major Permit #106-04. The request for a modification became
necessary when utility lines were discovered in the originally permitted dredge area and the
previously permitted dredge disposal site was sold and no longer available. The dredge area
Field Investigation Report
Pirate's Cove Slip Owners Association, Major Modification #106-04, Side Channel #7
Page 3
has been moved slightly to the north of what was originally permitted to avoid the utility lines.
The permit was recently transferred to the Pirate's Cove Slipowners Association.
Anticipated Impacts
• The proposed maintenance dredging will result in the disturbance of approximately 65,800
sf of Public Trust Area and Estuarine Water AECs.
• Approximately 16,500 cy of spoil will be removed from PTA and EW AECs and disposed
of on uplands.
• Approximately 392,040 sf of uplands will be disturbed by the construction of the spoil
disposal area, of which, approximately 1,400 sf are located in the Estuarine Shoreline
AEC.
• Approximately 1,375 sf of coastal wetlands will be temporarily impacted for the placement
of the disposal pipe.
• Boat traffic will be temporarily prevented from utilizing the Washington Baum Bridge Boat
Access Canal due to the pipe.
• Elevated turbidity levels can be expected temporarily during the dredging.
Submitted by: Claudia Jones / Frank Jennings
Date: May 5, 2011

Project Narrative
Permit Number 106-04
Request for Minor Modification-March 1, 2011
RECEIVED
MAR 8 2011
COASTAL MANAGEMENT
ELIZABETH CITY
On February 8, 2006, the North Carolina Division of Coastal Management issued Permit
Number 106-04 to the NC Division of Water Resources to perform maintenance dredging
on Side Channel #7. Side Charnel #7 is a public navigational channel connecting the
Pirates Cove Marina Basin to the Roanoke Sound Channel (Manteo-Wanchese Channel).
In February 2006, the dredge contractor was mobilized and prepared to perform the work
as detailed in the permit. However, work failed to commence because drawings
associated with the earlier permit application prepared by the State did not account for the
underwater utilities located in Side Channel #7. The dredge operator could not perform
the work as requested because of this oversight by the applicant. Modification is
requested to allow for the successful maintenance dredging of Side Channel Number #7
as originally permitted.
On February 2, 2011 the existing permit was transferred to the Pirates Cove Slipowners'
Association.
In the drawing attached the subject channel has been realigned to avoid the existing
underwater Dominion Power Line (identified on the drawing). The existing permitted
Side Channel #7 is also identified in the drawing. The realignment of the channel has
been minimized and is required to safely allow for the permitted maintenance dredging.
This realignment also aids navigational safety allowing for emergency anchorage in the
channel, moves the channel further away from the Washington Baum Bridge, and avoids
any potential impact to the underwater utility that may occur from deep draft vessels.
In the drawing titled "Dredge Spoil Disposal and Containment" the dredge spoil disposal
site is identified. Because of the State's purchase of the original dredge spoil location, a
new site has been identified. A letter is enclosed from the North Carolina Wildlife
Resources Commission (WRC). In this letter the WRC states, "the Commission supports
the decision to use the game land site as the preferred spoil disposal area." The site is a
former dredge spoil disposal site and is adjacent to the dredge area minimizing impacts.
The method of dredging remains the same as permitted: "excavated material will be
hydraulically pumped to existing upland disposal site". However, to minimize impacts
the dredge influent pipe will be located on ground, rather than in the water.
In closing, the modifications requested are minor, but required to avoid underwater
utilities in the permitted channel. Maintenance dredging has never been performed in the
vital public channel connecting a working waterfront with the only fuel docks in the
Town of Manteo to the Manteo-Wanchese Channel located in the Roanoke Sound.
Again, this project is needed to insure navigational safety. The local economy is
dependent on the ability to safely navigate this channel. Any further delays would be
detrimental.
A
RECEIVED
BOOM
APPLICATION for MAR n?)!
22 Major Development Permit COASTAL MANAGEMENT
ELIZABETH CITY
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Project Name (if applicable)
Business Name
Dredging of Side Channel #7 from Pirates Cove Marina Basin
Pirates Cove Boat Slipowners' Association to Roanoke Island Channel
Applicant 1: First Name MI Last Name
Sharon Aldridge
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
One Sailfish Drive Manteo NC
ZIP Country Phone No. FAX No.
27954 USA 252 -423 - 0516 ext. 252 - 473 - 4200
Street Address (if different from above) City State ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
John M. Robbins III Planning, Design and Construction Mgmt
Agent/ Contractor 1: First Name MI Last Name
John M Robbins III
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
One Sailfish Drive Manteo NC
ZIP Phone No. 1 Phone No. 2
27954 252 - 423 - 051 6 ext. - - ext.
FAX No. Contractor #
252 473 4200
Street Address (if different from above) City State ZIP
Email
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L
Form DCM MP-1 (PageJILof f
MAR 8 nti"a
APPLICATION for
Major Development Permit
3. Project Location ELIZABETH CITY
County (can be multiple) Street Address State Rd. #
Dare County (north of Washington Baum Bridge, near Pirates Cove Marina) adjacent US HWY 64/264
Subdivision Name City State Zip
N/A Near Manteo NC 27954-
Phone No. Lot No.(s) (if many, attach additional page with list)
N/A - - ext. N/A, , ,
a_ In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Roanoke Sound and Pirate's Cove Marina
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ®Manmade ?Unknown Roanoke Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes ®No work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
N/A (Open Navigational Channel) Dredge Area 1.47 AC
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A , NWL (normal water level)
(!f many lot sizes, please attach additional page with a list) N/A ?NHW or ?NWL
e. Vegetation on tract
None (no submerged aquatic vegetation)
f. Man-made features and uses now on tract
N/A
g. Identify and describe the existing land uses d? iacent to the proposed project site.
N/A
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
N/A (not zoned) (Attach zoning compliance certificate, if applicable)
?Yes ?No UNA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No UNA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
<Form continues on next page>
2S2-80S-2808- ... I- 38°4Re.,O.AS 1F ,z'?F:,S w„. :'r e"4 d§3r 9 rs?? .5 i.x3'^
Form DCM MP-1 (Page off
REGtIVtU
APPLICATION for
Major Development Permit
f
m. (i) Are there wetlands on the site? ?Yes ONo
COASTAL14lANAGEMENT
o Are there coastal wetlands on the site? EC11Y ?Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? []Commercial ®PubliclGovemment
[]Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Improve navigational safety in Side Channel #7 between a working waterfront and Wanchese-Manteo Channel located in
the Roanoke Sound. The working waterfront is the largest marina in the area and has the only fuel docks in the Town of
Manteo.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Method: Hydrualic dredging; Construction equipment: Hydraulic dredge
d. List all development activities you propose.
Hydraulic dredging and upland disposal of dredge material
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance dredging of public
channel
f. What is the approximate total disturbed land area resulting from the proposed project? 10 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ?No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Effluent pipe from disposal site to Roanoke Sound
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
2 ri 5 00 -2 a 8 1 :) 3 8 ' 49 F. , , i n , r ,r ? a, 1, _: . a n a' 37, n 3, are a t
Form DCM MP-1 (Page oft
APPLICATION for
Major Development Permit
6. Addidonallnfonnation
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comme d ,, raje et to the oastal Management.
e Please clarify who are the adjacent owners you would like for me to contact Phone No.
Address
CA
Name t W,- --( HOL,0(N[ Phone No.
Address[ ` MGNr- 115 ?G v
Name), per, /v v Phone No.
Address l'( ?j 4.*-r4NlA, NIL,
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
DCM Permit Number 106-04 (Attached)
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I
7. Certfcation and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is_ttMf%l the best of my knowledge.
Date March 1, 2011 Print Name
5ignatu -? v RECEIVED
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culve s MAR
?DCM MP-3 Upland Development
?DCM MP-4 Structures Information
COASTAL MANAGEMENT
ELIZABETH CITY
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
RECEIVED
COASTAL MANAGEMENT
ELIZABETH CITY
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this. proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Length
Width
Avg. E;
Depth
Final P
Depth
Other
Access Rock (excluding
Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline
(NLW or stabilization
NWL)

658'
100'
7.5' NA NA
11.5 nwl NA NA
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
16,500
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of the excavation in these areas:
N/A
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Immediately south of the Washington Baum Bridge, upland
former disposal site, approx. 700' from dredge area
c. (i) Do you claim title to disposal area?
?Yes ?No ®NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of disposal in these areas:
N/A
?This section not applicable
b. Type of material to be excavated.
Mixture of sand, mud and pebbles
d. High-ground excavation in cubic yards.
N/A
?This section not applicable
b. Dimensions of disposal area.
8.98 acres (see attached drawing)
d. (i) Will a disposal area be available for future maintenance?
?Yes ?No ®NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
?Yes ?No ONA
(ii) If yes, how much water area is affected?
N/A

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3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Lengm:
[]Bulkhead ?Riprap ?Breakwater/Sill []Other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
months?
?Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
RECEIVED
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap MAR
Breakwater/Sill Other
i. Source of fill material.
COASTAL MANAGEMENT
ELIZABETH CITY
4. OTHER FILL ACTIVITIES 0This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ?Yes ONo ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation (5AV), snell bottom (bts), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL []None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Containment berm will be constructed from existing material on Hydraulic dredge
site, silt fence will be installed
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
®Yes ?No ?NA site? ?Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
The channel will be properly marked with navigational buoys environmental impacts.
during the dredging. The only impact will be pulling the influent pipe across 250' of
wetlands
December 9, 2009
Date John M. Robbins III
Dredging of Side Channel #7 Appli nt ?Project Name

252- ast7°:sr+': aB -- 1-883-4011-OAST ::, wvv v #"?„" ua3st;Ar,1 a'? li?^ 5`Y`#?.p"- .net
PETITION FOR FUNDING TO DREDGE
SIDE CHANNEL NO.7
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, NC 27909
September 18, 2009
RE: Dredging Side Channel #7
RECEIVED
MAR 8 20?1
COASTAL MANAGEMENT
ELIZABETH CITY
To Whom It May Concern:
We, the undersigned, operate charter fishing boats from Pirates Cove Marina or work at or work at
the marina, and our livelihoods are dependent on the safe navigation of Side Channel #7.
Our business depends on safe navigable waterways. We operate in the sound, near shore waters of
the Atlantic, and all the way to the Gulf Stream. Most of the boats that we operate are built locally
here in Dare County. To travel to the abundant waters of the Atlantic, we are required to navigate
through the often treacherous Oregon Inlet where shoaling and dredging is a constant battle.
Unfortunately, we are now experiencing challenges closer to our home port: Side Channel V. This
channel leads from the North South Channel adjacent to the Washington Baum Bridge to the mouth
of Pirates Cove Marina six hundred and fifty feet (650)'. The channel has narrowed and silted in,
and has not received any maintenance dredging. The State and Dare County has conducted
maintenance dredging to the Oregon Inlet Fishing Center several times in the last twenty (20) years
but has never dredged the subject channel. It is critical to have this maintenance dredging
performed this year.
Our livelihoods, our families, and those that depend on us: dock workers, boat builders, repair
persons, those employed by the tourism industry, and others, are all linked to this project Further,
Pirates Cove Marina is the largest marina in the area, home of the world-class fishing tournaments,
and the only marina where one can get fuel and other provisions in the Town of Manteo.
Because of bureaucratic ineptness this project has been delayed for over four (4) years. Any further
delays threaten our ability to continue our business. We request that you expedite this application
and approve the minor modification to allow for the required dredging of Side Channel V.
The undersigned.
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RECEIVED
% MAR 8
COASTAL MANAGEMENT
;. s= ELIZABETH CITY
® North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
November 24, 2009
Mr. Darren England
Division of Water Resources
1611 Mail Service'Center
Raleigh, NC 27699-1611
Dear Mr. England,
The North Carolina Wildlife Resources Commission (Commission) reviewed
project details and corresponded with you on November 10, 2009 regarding the use of
Roanoke Island Marshes Game Land for spoil deposition associated with the dredging of
Side Channel 7 and the Pirate's Cove Marina entrance channel. Through this letter the
Commission agreed for the Division of Water Resources to include the game land in the
permit request as the spoil disposal area. Additionally, this correspondence stated some
of our concerns and recommended measures to minimize or eliminate wildlife habitat
impacts. The co-applicant for this project has since contacted the Commission and
requested alternatives to additional core sampling due to the upcoming moratorium and
permit timeline. We have reviewed this request and are providing additional comments
that will allow the dredging project to move forward with permitting and utilize existing
project information to address our concerns.
The information provided in Mr. Sutherland's September 30, 2009
correspondence included data gathered and presented in an earlier environmental
assessment for the Side Channel Dredge project. Among these data were three sediment
samples from 2004. The Commission has determined the 2004 sediment cores are
acceptable for the environmental assessment of the Side Channel Dredge project. These
samples show the material will be less than 90% sand, with a lower percentage of sand
near and potentially within the marina entrance channel.
In anticipation of less than 90% sand content in the spoil material, we recommend
several measures to minimize impacts to game land habitats.
• Vegetation on the spoil deposition site should be removed and existing sediment
material pushed up to create the dike walls.
Mailing Address: Director's Office • 1701 Mail Service Center • Raleigh, NC 27699-1701
Telephone: [phone] • Fax: [phone]
Dredging within the marina entrance channel should be conducted first and spoil
placed within the diked disposal area. Subsequent material would then be placed as
the dredge works back toward the navigation channel, thereby capping the material
least suitable for wildlife habitat with material that would contain higher
concentrations of sand and fewer contaminants.
• Once all the dredged material is placed on the game land, the area should be
dewatered and the dike wall material used to cover the spoil area once it has dried.
This plan would provide a cap of the most clean, native sediment on the spoil area.
• Revegetation of the spoil site may not be desired in order to maintain suitable water
bird habitat. Consultation with the North Carolina Division of Land Resources will
be needed to determine appropriate actions concerning revegetation.
Commission biologists will be available to oversee the disposal and habitat
reclamation. The applicant will need to provide a monitoring and mitigation plan to
account for any spoil incompatibility. if the material has content deemed unsafe for
wildlife habitat, the activity should cease and the Commission should be consulted for
remediation actions. Mitigation for poor material placement may include removal of
sediment and regrading of the area.
The Commission supports the decision to use the game land site as the preferred spoil
disposal area. We will provide comments on the proposed dredging project through the
North Carolina Division of Coastal Management's permit process. This coordination will
ensure the project will have minimal impacts to all coastal resources, not just those on our
game lands. We support any moratorium dates recommended by the North Carolina
Division of Marine Fisheries to protect coastal fishery resources as well as a May 1-
November 15 moratorium to protect sea turtles.
The Commission appreciates the opportunity to reply to your request. Please feel free to
contact Maria Dunn at 252-948-3916 or Shannon Deaton at 919-707-0222 if you have
any comments or questions.
Sincerely,
Mallory G. Martin
Chief Deputy Director
Permit Class
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natural Re
and
Coastal Resources Commission
JPermit
Permit Number
RECEI
MAR 8
COASTAL MANAGEMENT
ELIZABETH CITY
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Pirates Cove Slip Owners Association, One Sailfish Drive, Manteo, NC 27954
Authorizing development in Dare County at Shallowbag Bay and Roanoke Sound and
Side Channel #7 from Pirates Cove Marina basin to Roanoke Sound Channel, as requested in the permittee's
letter dated 9/8/10
This permit, issued on February 2, 2011 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This transfer shall be attached to copies of the following attached permit documents, which includes all
application forms and workplan drawings:
a. Permit 106-04, originally issued on 7/22/04
b. The Major Modification issued. on 2/8/06
2) Copies of all referenced documents shall be readily available on site when a Division representative
inspects the project for compliance. In accepting this transfer; the new permittee agrees that all
conditions and stipulations of the active permit remain in force.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406,
and amended by Session Law 2010-177.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2013
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
7
Jam A. Gregson, Director
s Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
11ernit Class
'MODIFICATION/MAJOR
County at Side Channel #7 from Pirates Cove Marina
Issued to NC Division Of Water Resources, 1611 Mail Service Center, Raleigh, NC, 27699-1611
Authorizing development in
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
"J
Coastal Resources Commission. „
Pam I"
t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Dare
basin to Roanoke Sound Channel , as requested in the permittee's application dated 10/14/05 including the
attached workvlan drawings (5) as referenced in Condition #1 below
This permit, issued on February 8, 2006 , 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) Workplan Drawings:
a. (1) labeled Figure 2 dated modified 11/23/05
b. (2) labeled Figure 3 and 5 dated revised 12/8/05
c. (2) labeled Figure 4 and 6 dated revised 10/11/05
Excavation
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between February 15 and October 31 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries and the Army Corps of
Engineers.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee cr
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENK and the
Chairman of the Coastal Resources Commission.

Permit Number
1.06-04
,/_ Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
>
It
l
i' Signature of Permittee
NC Division Of Water Resources
ADDITIONAL CONDITIONS
Permit # 106-04
Page 2 of 2
3) Excavation shall not exceed -11.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
4) No excavation shall take place outside the area indicated on the attached workplan drawing labeled Figure
2 dated revised 11/23/05.
5) The project site is located in an area having a high probability of containing cultural resources, such as
shipwreck remains. If such materials are encountered, the permittee must immediately stop work and
notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at [phone], and
the N.C. Division of Coastal Management at [phone].
6) The disposal of all dredge spoil material, as well as the construction, operation, maintenance and
monitoring of the dredge spoil disposal area shall be done in strict compliance with the conditions and
requirements of the original of Permit No. 106-04.
7) This major modification shall be attached to the original of Permit No. 106-04, which was issued on
7/22/04, and copies of both documents shall be readily available on site when Division personnel inspect
the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
9) This permit does not eliminate the need to obtain any additional Federal, State, or local permits, approvals
or authorizations that may be required.
NOTE: Potable water transmission mains are located on US64 R/W adjacent to the project area.
Extreme caution should be exercised during the execution of this project to avoid pipeline
damage, which could interrupt water service to Nag's Head and other beach areas.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 052226), which was issued on 2/1/06.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200610368.
.i
***This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/15/2010)
Applicant: Date: 2/4/2011
Project Site County
?AlLC
Staff: District: Elizateth City ?Washington
?Morehead City ?Wilmington
Project Name: MAQ; t UL Rover File:
Date application "received as complete" in the Field office (EX: 1/8/2007):
Permit Authorization: ?CAMA ?Dredge & Fill ?Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ?Yes No Photos Taken: Yes ? No[] Setback Required (riparian): ?Yes No
Critical Habitat: ?Yes No ?Not Sure 15 foot waiver obtained: ?Yes No Hazard Notification Returned:
?Yes ?No hJ ??!--
SAV: ?Yes No ?Not Sure Shell Bottom: ?Yes No ? Not Sure Temporary Impacts: Yes ?No
Sandbags: ?Yes No ? Not Sure Did the land use classification come from
county LUP: Yes ?No Mitigation Required (optional):
?Yes JKNo
Moratorium Conditions: Kyes ?No
?NA Environmental Assessment Done:
IcYes ?No ?NA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
? Future Water Supply (FWS) ? Nutrient Sensitive Waters (NSW) ? Swamp Waters (SW)
? High Quality Waters (HQW) ? Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
(404) Corp. of Engineers (Jurisdictional ? (LS) Sea lavender (Limonium sp.) ? (SS) Glasswort ( Salicornia sp.)
wetlands)
? (CJ) Saw grass (Cladium jamaicense) ? (SA) Salt marsh cordgrass (Spartina ? (SY) Salt reed grass (Spartina
alterniflora) cynosuroides)
? (DS) Salt or spike grass (Distichlis ? (SC) Bullrush or three square (Scirpus ? (TY) Cattail (Typha sp.)
spicata) sp.)
(JR) Black needlerush (Juncus ? (SP) Salt/meadow grass (Spartina
roemerianus) patens)
APPLICATION FEE
? No fee required - $0.00 ? III(A) Private w/ D&F up to 1 acre; 3490 ? III(D) Priv. public or comm w/ D&F to 1
can be applied - $250 acre; 3490 can't be applied - $400
? Minor Modification to a CAMA Major Major Modification to a CAMA Major ? IV Any development involving D&F of
permit - $100 permit - $250 more than 1 acre - $475
? Permit Transfer - $100 ? III(B) Public or commercial w/ D&F to 1 ? Express Permit - $2000
acre; 3490 can be applied - $400
? Major development extension request - ? II. Public or commercial/no dredge
$100 and/or fill - $400
? I. Private no dredge and/or fill - $250 ? III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
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:3 . . ~ ~ .
J of : ~ . ~ , ~ . - J ~ ~ o` o NOTES: 1. DREDGE AREA WATER DEPTHS SHOWN ARE BASED ON NORMAL WATER LEVEL (NWL)
~ l ~~~r....~~ , ROANOKE.•SOUND'....,..... • AS REQUIRED BY NCDCM; THE MEAN LOWER LOW WATER (MLLW) DATA PROVIDED
HAS BEEN CONVERTED TO NWL BY ADDING A FACTOR OF 1.5 FT; MLLW DATA
PROVIDED BY ALBEMARLE & ASSOCIATES, LTD; DATA COLLECTED BY WATERWAY SURVEYS & ENGINEERING, LTD FROM SOUNDINGS TAKEN
~,.w.~ ~ ~ - ' ~ . ON NOV. 24, 25 & 26, 2008
~ , ~d . r . 2. UNDERWATER POWER LINE ALIGNMENT PLOTTED FROM COORDINATES PROVIDED BY USACE NAVIGATION BRANCH
~ ~ ~ ~ ~L~'. FROM A SURVEY OBTAINED FROM DOMINION POWER
\ F ~ ' 3. TOPOGRAPHIC DATA ON THE SPOIL DISPOSAL AREA AND BATHYMETRIC DATA ON ADJACENT WATERS HAS BEEN PROVIDED BY WRC
' r F• 4. SECTION 404 WETLANDS DELINEATED BY QUIBLE AND APPROVED TOM STEEPENS, USACE
~ o . b or ~ 5' FIELD REPRESENTATIVE IN AUGUST 2006; THE DELINEATION WAS SURVEYED BY NCWRC FOLLOWING THE FIELD VERIFICATION p~
"c a ~h , r~ . ~,'"f ~ ~ - ~ A MINIMUM OF TWO FEET OF FREEBOARD FEET OF FREEBOARD 5. THE PERIMETER OF THE PROPOSED SPOIL CONTAINMENT AREA WILL CONSIST OF
r' w"°.~ ~ . ~ ~ ~ TO 8E MAINTAINED AT ALL TIMES ~,~o ~ ~ ~s ~ t .a„ t e ~f~L(JEN.T~ P P`~ ~ aT ALL 71MES AN EARTHEN BERM WITH AN OUTSIDE MINIMUM SLOPE OF 3:1 AND AN INSIDE MINIMUM SLOPE OF 2:1; TO BE CONSTRUCTED OF EXISTING MATERIALS FROM INSIDE
THE PROPOSED CONTAINMENT BERM; THE INSIDE TO BE EXCAVATED OUT IN A
. . ~ BOWL-LIKE FASHION; THERE WILL BE NO BERM CREATION OR IMPACTS WITHIN THE
. q,~ . 30 FT VEGETATIVE BUFFER
>:xrsn~~ 6. ALL EQUIPMENT WILL BE TRANSPORTED TO THE SITE BY BARGE coM~ISSION No. - 7. PROJECT DEPTH: -11.5' NWL P04O78
do~a ~ ~ ~ . ~ ~ ~ . DESIGNED BY
aop!~n E ~ . ~ ~a.~ ~ . ~
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• ^ 4 ~ ~ ~o~E CHECKED BY
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t . ' . ~ ~ ~'~'~~dST~~1ATERBf{~ ISSUE DATE
y a t, wnr'° .j GRAPHIC SCALE 11-25-09

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F' 3 -
( IN FEET )
1 inch = 100 ft.
DRAINING FILE: P04078 OF 1 SHEETS
PLOT SCALE: 1"=100'