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HomeMy WebLinkAbout20052226 Ver 1_Complete File_20051219Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 1, 2006 Mr. John Sutherland NC Division of Water Resources 1611 Mail Service Center Raleigh, NC 27699 Subject Property: NC Division of Water Resources Project Roanoke Sound [030151, 30-21, Sa, HQW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-2226 Dare County Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Mr. Sutherland: You have our approval, in accordance with the attached conditions, to dredge 2.0569 acres of Public Trust Area (PTA) - estuarine waters, located within Side Channel No. 7, to 11.5 feet below the NWL at the subject property as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on December 19, 2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. 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 to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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 the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference PTA - estuarine waters dredged 2.0569 acres DCM Field Investi ation R ort 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hm://h2o.enr.state.nc.us/ncwetlands Non, Carolina NatundIff An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NC Division of Water Resources Page 2 of 2 February 1, 2006 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. 4. Applicant must comply with the NC Wildlife Resources Commission dredging moratorium, and NC Division of Marine Fisheries condition that dredging may not affect coastal marsh. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. 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 Administrative Hearings, 6714 Mail Service Center, . Raleigh, N.C. 27699-6714. 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W. Klimek, P.E. AWKlijm Enclosures: GC 3400 Certification of Completion ' cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Shell, P.O. Box 769, Morehead City, NC 28557 Filename: 052226NCDivWaterResources(Dare)401_CAMA 2 0 0 5 2 2 2 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 15, 2005 M + MORANDUM: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality F Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Apr C. U , IlY lication Review Applicant: NC Division of Water Resources, Major Modification #106-04 Project Location: Side channel off west side of Roanoke Sound channel north of Washington Baum Bridge, US 64/264, Roanoke Island, Dare County Proposed Project: Dredge Side Channel #7 to a depth of-11.5 feet below NWL Please indicate below your agency's position or viewpoint on the proposed project and return this z.? form by 01105106, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth c dimerits with supporting data are requested. REPLY: V 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 SIGNED DATE Z r v 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight Re: [Fwd: Dredging in Roanoke Sound near Manteo] Subject: Re: [Fwd: Dredging in Roanoke Sound near Manteo] From: John Dorney <John.Dorney@ncmail.net> Date: Mon, 30 Jan 2006 12:53:53 -0500 To: John Sutherland <john.sutherland@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, kyle barnes <kyle.barnes@ncmail.net> not sure what my old email' address was but in any event Cyndi Karoly and her staff as well as Kyle Barnes in our Washington REgional Office handle projects like this. I've forwarded the message to them. thankx John Sutherland wrote: Sorry, John, I sent this,to your old email address. ------------------------ :------------------------------------------------ Subject. Dredging in Roanoke Sound near Manteo From: John Sutherland <john.sutherland@ncmail.net> Date: Fri, 27 Jan 2006 09:07:45 -0500 To: Raleigh Bland <Raleigh.W,Bland@usace.army.mil>, "Frank.Jennings" <Frank.Jennings@ncmail.net>, "john dorney@h2o.enr.state.nc.us" <john dorney@h2o.enr.state.nc.us>, Mark Bowers <Mark Bowers@fws.gov> To: Raleigh Bland <Raleigh.W:Bland@usace.army.mil>, "Frank.Jennings" <Frank.Jennings@ncmail.net>, "john_dorney@h2o.enr.state.nc.us" <john dorney@h2o.enr.state.nc.us>, Mark Bowers <Mark Bowers@fws.gov> CC: John Morris <John.Morris@ncmail.net>, Darren England <Darren.England@ncmail.net> i BACKGROUND In 2005, the NC Department of Environment and Natural Resources hired the Wilmington District, Army Corps of Engineers to perform maintenance dredging of a portion of the Manteo to Wanchese (Ranges 5 -10) navigation channel and the entire North Channel (Ranges 4a and 4b). One of the main reasons for this dredging is to provide the depth necessary for the State Historic Ship, Elizabeth II, to navigate to and from its berth at Festival Park on Iceplant Island in Shallowbag Bay. This ship requires 8+ feet to navigate. In recent years this ship has not been able to use the North Channel and has run aground in Range 5 of the Manteo to Wanchese Channel. The Corps hired Cottrell Contracting to perform this dredging but because of several issues including Hurricane Katrina, Cottrell's dredge did not start dredging until late December. In the month that its dredge has been on site, it has dredged almost 190,000 cubic yards of material and completed Ranges 5 - 10 and most of Range 4b to a depth of almost -10 feet mean low water (9 + 1). It is expected to finish the last of 2,500 feet of the North Channel (700 feet of Range 4b and 1,800 feet of Range 4a) by dredging another 30,000+ yards of material during the next 5 days. All of the material dredged from these channels has been placed in an upland disposal site on Roanoke Island that was designed to hold 320,000 cubic yards. So far this disposal site has performed very well. NEXT STEPS The Department has asked the Wilmington District to dredge another 80,000 cubic yards of material from Ranges 5 -10 of the Manteo to Wanchese Channel and approximately 15,000 cubic yards of material from the side channel leading into the Pirate's Cove Marina near the Baum Bridge (close to Range 10). This dredging will make use of the existing 1 of 2 1/31/2006 3:03 PN. Re: [Fxs-d: Dredging in Roanoke Sound near Manteo] disposal site that will only be available through this winter. The owners of this disposal site intend to use it for other purposes when this current dredging has ended in February. This dredging will also deepen Ranges 5 - 10 by about 2 feet, close to its authorized depth of -12 feet mean low water, and thus lengthen the time before the next maintenance dredging is required. The Department is working with the Corps to have this dredging done within the dredging window for this area of the State, which is from November 1st - February 14th. However, because of the delays, a variance of a week or so may be required to complete this dredging. REQUEST FOR YOUR ASSISTANCE In 2004 the Town of Manteo asked the Department to include the dredging of seven side channels to the Manteo to Wanchese Navigation Channel in with its maintenance dredging of that channel. The Department held a scoping meeting, prepared a draft EA, modified the side channel dredging from seven side channels to one (the side channel to the Pirate's Cove Marina), and then had that EA reviewed and approved by its Divisions and the NC Wildlife Resources Commission. Following that review, the Department sent the document(EA/FONSI) to the State Clearinghouse for Statewide review. That review was successfully completed on January 9, 2006. In addition, the Department applied for a Major LAMA permit for dredging the side channel to Pirate's Cove in November, 2005. There were some delays in getting that permit out for review. State comments on the CAMA permit application were due January 9, 2006; federal comments on this application are due February 10, 2006. Because of the need to have the dredging of the side channel done as part of this maintenance dredging project, I would ask that you expedite your review of this side channel dredging project so that the dredge does not have to wait on site to perform dredging in the side channel. If you have questions, or need additional information, please call me in Raleigh at (919)715-5446. Thank you for your help in this matter. 2 of 2 1/31/2006 3:03 PM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Division of Water Resources; 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 (W 19) 1995: 183-1896 (W 9,10) 1989: 151-7 (17) 1984: 140-503 (E 16) 1 State Plane Coordinates - X: 2995850 Y: 797500 Manteo Quad LR 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 29, 2005 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - Incomplete, Pending EA Review; Office - Elizabeth City6. 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 - Channel Planned - Expand channel (G) Estimated Annual Rate of Erosion: N/A Source - N/A i 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Public Trust Area, Estuarine 89,600 sf Waters (B) Total Area Disturbed: 89,600 sf (2.06 acres) (C) Primary Nursery Area: No (D) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to dredge, to a water depth of -11.5 feet below NWL, a channel that connects Pirates Cove Marina with the Roanoke Sound navigation channel. NC Division of Water Resources; Major Modification #106-04, Side Channel #7 Field Investigation Report Page 2 PROJECT SETTING 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 adjacent to the northwest side of the Washington Baum Bridge (US 64/264), Roanoke Island, Dare County. The channel, designated Side Channel #7 by the applicant, has existing water depths that range from -5 feet to -8 feet within a 100-foot wide and a 640-foot long area and water depths ranging from -4-1/2 feet to -7 feet along the 20-foot wide side slope areas. The Roanoke Sound channel is a federal channel that has a project depth of -12 feet as per NC Division of Water Resources (NCDWR) Permit #106-04. The water depths within the Pirates Cove Marina basin range from -5 feet to -13 feet: The bottom material within the project area is a mixture of silt and sand. The adjacent riparian property to the north is a single-family dwelling inside Pirates Cove Subdivision, and the adjacent riparian property to the south is NC Department of Transportation (NCDOT) property where the west end of the Baum Bridge is located. The waters of Roanoke Sound are classified as SA by the Division of Environmental Management and are closed to shellfish taking in this area. DEVELOPMENT PROPOSAL The applicant proposes to 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 640 feet long. Approximately 20 feet of side slope on each side of the channel will be dredged for a total area of disturbance of approximately 89,600 square feet (140 feet x 640 feet) or 2.06 acres. The applicant indicates that approximately 16,500 cubic yards of bottom material will be removed and deposited in a spoil site located in Skyco, Roanoke Island, and authorized by CAMA Major Permit #106-04. ANTICIPATED IMPACTS - - The development proposal will result in approximately 89,600 square feet of Public Trust Area and Estuarine Waters Areas of Environmental Concern being disturbed by the project. Localized turbidity will occur at the dredge coulter head site during operation. Temporary water turbidity will occur at the effluent discharge site. Temporary disturbance will occur during installation and removal of the dredge pipeline. The project will result in a deeper access channel to Pirates Cove Marina basin. Submitted by: Frank A. Jennings, III Original Date: 10/28/05 Amended Date: 12/15/05 ' ? rv' O 5 2 2 2 V Form DCM-MP-1 APPLICATION A=.7 DEC 0 2005 (To be completed by all applicants) COA 1 ELIZA ge H C TY N$° I b. City, town, community or landmark 1. APPLICANT Naar Trwi of Manten C. ' Street address or secondary road number ??' Pi Ya1'P ? C ClA7P rj ?+1 cmrp+it rnXt to T1.y?'. 1-JSN: 6-}L a. Landowner: AIIN: Jdn Sutherland Name N.C. Divisim of Water Resaroes d. Is proposed work within city limits or planning jurisdiction? Yes _ Y_ No Address 1611 ;1 Service! Center e.. Name of body of water nearest, project (e.g. river, City Ralei?b - State N.C. -creek, sound, bay) Rnarr kP Sotrr3 Zip 27699-1611 Day Phone 919-715-5446 F 919-733-3558 3. ' DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: ? Name 1 a. List all development activities you propose (e.g. LA building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address nnW- aide rhgrxn1 frrm l? to Wa yl-e% Nmd oa d nn (7 ?rxr?1 mte 's Coo Mari m 0 City State Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? 1,1-w ux k Fax c. Project name Cif any) of Side Chang-1 4f7 fr m tl-- Manteo to Wa idmse Navigation ChaTnl in Roanoke Saaid, Dare County NOTE.- Pervit will be issued in name of Imidowner(s), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County I)are Ca= c. Will the project be for public, private or commercial use? _ All of tipsy above 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. see attached MM Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract DredP -9rm: 1.47 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL NIA d. Soil type(s) and texture(s) of tract lbterinI to be dredged: 847. sand; 11% mA Pie e. Vegetation on tract Mahe: M sLin)m?Ped aouatic veQetatim f. Man-made features now on tract N/A g. What is the CAMA Land Use Plan land classification of the site? (ConmLf Ae load land use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Not Zoned L Is the proposed project consistent with the applicable zoning? X Yes No (dnoch zoning co-pliance eertffi=e, if applicable} j. 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? -Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Aaach doauneruation, if available) m. Describe exisd wastewater treatment facilities. N)A 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.) See attached o. Describe existing drinking water supply source. N/A 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 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 03195 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 lee & David Crn Address 12 Smith Hmmwk Drive Phone Manteo M 27954 i Name Antlrny Roper, Rponial HWr)er, N UT Address 113 Drive. -quite 100 Phone 27932 Name /7irw?.: ?a'r? 0.a (stt;,n?tl Address / .Ia;l?.•?: Jlrv? L(an{e,, N:y -33V Y Phone 3Xa-411.37 00, • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee , and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs j of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. 9 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 land's,'' attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 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 / day of , -ZQ5 Print Name John Sutber'land Signature k2? x r or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MF-3 Upland Development _ DCM MP-4 Structures Information DCM MT -5 Bridges and Culverts _ DCM NT-6 Marina Development NOTE: Please sign and date each anachment in the space provided at the bottom of each form. 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. Average Final Frkttng Project Length Width Depth Depth Access channel ?0' lOp' 7 ' 11.5 nwl (MLW) or (NWL) Canal Boat basin Boat Tamp Rock groin Rock breakwater Other (Excluding shoreline stabilization) I 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 16,500 b. Type of material to be excavated Mixture of sand, msi and pebbles c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area On west side of N.C.345 1 mi 1 a with of it--q int-arr-arti rn with TT_S . -11 b. Dimensions of disposal area APPrcx. 500 feet wide by 2,000 feet lcm X 15 feet deep. c. Do you claim title to disposal area? Yes X No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes X No If yes, where? 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? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead I b. Length c. Average distance waterward of JIHW or NWL d. Maximum distance waterward o1 MHW or NWL If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 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 e. Shoreline erosio urin preceding 12 months (Sour- of information) f. Type of bulkhead or riprap mat ial g. Amount of fill -in-tubA water level (1) Riprap (2) Bulkhead backM h. Type of fill material _ i. Source of fill material be placed below 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No a. How will excavated or fill material be kept on site and erosion controlled? Emavated material will be hydraulically =Ved to adstuig U2--ff. disposal. sim b: What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydrautic Dredge c. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. hbt specifically for this drepc'i See attached Jdn Sutherland, T Division of Water Res. Applicant Project lame signs ff-tober 14, 2005 Date Reristd 03195 NARRATIVE DESCRIPTION of Application to Amend CAMA Permit #106-04 The North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Resources (DWR) administers the Water Resources Development Project Grant Program (G.S. 143-215.70-73). Through this program, the Division manages both the development and maintenance of general and recreational navigation projects that are sponsored by the State. The Division also provides state cost-sharing grants for the development and maintenance of navigation channels sponsored by local governments. Over the past 20 years the Division has maintained the Manteo to Wanchese Navigation Channel (MWNC) and plans to have Ranges 5 - 10 of that channel dredged during the winter of 2005-2006 along with Ranges 4A and 4B of the North Navigation Channel., See Figure 1. The Town of Manteo has requested that the Division include the dredging of a side channel that runs from the MWNC to the Pirate's Cove Marina to the maintenance dredging of the MWNC. This channel has also been named Side Channel W. As shown on Figures 1 and 2, this side channel connects Range 9 of MWNC to the Pirate's Cove Marina. Figure 3 shows a typical cross section of the proposed channel. Side Channel #7, 640 feet long by 100 feet wide, would be dredged to a depth of -11.5 feet at normal water level and would directly affect approximately 1.47 acres of bottom. The dredging would occur immediately following the maintenance dredging of the MWNC that is scheduled for the 2005-2006 dredging season, November 1, 2005 through February 15, 2006. Dredging would remove approximately 16,500 cubic yards of mostly sandy material. l he material would be placed, along with material dredged from the Manteo to Wanchese and North navigation channels, in an approved upland diked disposal area located off NC Highway 345 just south of Skyco Road. The disposal area is designed to hold 320,000 cubic yards of material. The amount of material to be dredged from Ranges 5 -10 of the. Manteo to Wanchese Channel and Ranges 4A and 4B of the North Channel is estimated to be 232,000 cubic yards. Thus, the material to be dredged from Side Channel 47 would fit within the design specifications of the Skyco disposal area. G Vessels traveling between the Pirate's Cove Marina and Roanoke Sound have used Side Channel #7 since the marina was constructed in the early 1980s; however, the channel has not previously been dredged. The channel has partially filled over time, leaving it shallower than the center portion of the marina basin. The original design depth approved for the marina basin, -8 feet mean sea level, was based on the depth of the connector channel leading to it as required by 15A NCAC 07H .0208 (b) (5) (G), which state that "Marina basins shall be designed to promote flushing through the following design criteria: (i) the basin and channel depths shall gradually increase toward open water and shall never be deeper than the waters to which they connect; and (ii) when possible, an opening shall be provided at opposite ends of the basin to establish flow-through circulation." The dredging of this side channel to -11.5 feet normal water level would allow the marina area to flush and reduce the amount of bottom material kicked up by watercraft using the marina. These watercraft can require up to seven (7) feet of water. The requested design depth will improve vessel movement and safety, especially for deep-drafting sailing vessels. It will also provide additional marina basin flushing as required by 15A NCAC 07H.0208 (b) (5) (G) (i) (see above). Narrative Description Continued on page 2 ... NARRATIVE DESCRIPTION (Continued): The material to be dredged from Side Channel #7 is mainly sand. A total of 3 vibra-core samples were collected from the bottom of this side channel in October of 2004. They were collected in 3-inch diameter aluminum core pipe. The cores, which ranged in length from 1.65 to 2.82 feet, were opened, described, and sub-sampled for grain size. The samples taken for grain size analysis were from the upper two feet of each core, or in the case of the core that was less than two feet (i.e., 1.65 feet), the upper 1.65 feet of the core. While the top layer of material in one of the samples was a black, organically rich sandy mud, the material underneath was sand. Sand content increased with depth in each core. The average sand content in the three vibra-core samples was 84.6 percent. The average mud content was 10.8 percent and the average pebble content was 4.6 percent. The material dredged from Side Channel #7 will be pumped to an existing disposal site that was permitted under Major CAMA Permit #106-04. This disposal site is located*on the west side of NC Highway 345 about one mile south of its intersection with US Highway 64 near Manteo. Figure 4 shows the location of this disposal site. Figure 5 shows the route that the pipeline will follow from Shallowbag Bay to the disposal site. Figure 6 shows the design of the disposal site. The volume of this disposal site, not including the volume contained within the two-foot free board at the top of the dike, is approximately 438,000 cubic yards. . The Department of Environment and Natural Resources has hired the Corps of Engineers to perform the maintenance dredging of the Manteo to Wanchese and North Navigation Channels during the winter of 2005-06. The dredging of Side Channel #7 would follow the dredging of Ranges 9 and 10 of the MWNC. The type of dredge that will be used in this project will be a 16- inch or 18-inch hydraulic dredge that will have the capability of pumping 3,000 to 5,000 cubic yards of material per day. Thus, the additional amount of time required to dredge this side channel will be three to five days four days. The site of Side Cannel #7 can be viewed from four locations as indicated on Figure 7: L From the outside west-bound lane of the Highway 64 Bridge (Baum Bridge), 2. From the eastern tip of the north side of the Pirate's Cove Marina basin, 3. From the eastern tip of the south side of the Pirate's Cove Marina basin, and 4. From the NC Wildlife Resources fishing pier located underneath the Highway 64 Bridge on the west side of Roanoke Sound. -2- s ! 7 Sound Side id ? 0 , 7 ? \ a 7 Q 48 ` te, ! r N A G S H ,. - Ran p 4A wd • ? i o .tl ?u `•aav.n .°y, q $ISten Y 2 D oa 0 Q INI? . F • \\ v To Be Fy I • '+cd&ed . dp13 ?•lt' •. • \ v I oA? Moth Vineyard 7 1' I ?''{ _? rr r ~`,'"•?? ` G ?? ?Eiaum Point r ' MA N4- Itange s (aN Si'? 1• ` 7?i Jp? 'Y ?''r'. •?° '• ,?a` Rau$el ?ii Range4 Point .,o, • •¢M .G• . L , _ .,?ndy Point IBM Y ;^ <w :w a.• Range 2 S 'el l owbap Bay a =_ Range 6 + ?C+ •,,? ? uahl i r 1 Haren CraEk.'••' • q's--•? ?•` _ Ch ge3/ _Tr ?-___ r r r Califoiiiia •:- • ?:. +'' • ?•'Gj - -2 }.- ~ g.7 .,4 3 NJ, " 1 fal!•, •`•y,• o? i - twt-•-•.. Range S ^•~` ,? •^:,• i I aN:\. a ^?i.. •r ? __- ?L+•I?•f'!' - _ 'fig ea.ln R. O A N O 9;.aN - _ G a Ranpe9 77 OV4 N, - -_ = - X01( 55' Srd•. a.>.,J 7 M ?RIDlE IOC. O ? it •! u s$ FIGURE 1 NAVIGATION CHANNELS TO BE DREDGED S.nd Point,; '' • • .T,. .. - - DURING WINTER 2005-2006 l.. - . Dredging of Side Channel 7, Roanoke Sound, Dare County NC DIVISION OF WATER RESOURCES 1983 Arbbsa xarbor.. ="• •-_ %ksk , ny _- Drawn by US Geological Survey, Modified in 2004 by John Sutherland, P.E. (WANCHESE) 40' ' ^!-?--'- -? x ° c i, s} p y y .42 ....._..._..........w...,ayaR.E 75.3730 SCALE 1:240D0 ,j nJ-rte •' J/ o ROAD o ??? I MaE O •PfD CLASSIFICATION. s00o 7000 4000 SOW 6000 MW FM % ? ? O ?° ? ?• Heavy-duty,. ... Light-duly- s Enourm ° ??? ' C ?aaa ? w '?cr ? Mediumduty Uni-lowddid......... ~e . ON ROANOKE ISL N ??o E ? QU. S. RDutE o Sit. ,?Dute 'ERVAL A D S FEET ERVAL ON COLI NGTO N ISLAND 10 FEET I'l/ 2?w :RVAL DN SODIE ISLAND 5 AND 10 FEET GEODtTIC VERTICAL DATUM OF 1929 sOVND wGS Ix FEET - pnTUN IS MEAN LOW WATER DUADIIANGLE LOCATION MANTEO, N. C. ...... rtr*F"r. #c ?4Pi,' IN m Cpl,; N , _. -.. G EAR 1' ;w a f _ a . J f Yf4 J F R" Wl rT ;._ - ?'1 ?p C i d N 1 t g ?5 { 2 - 4 -? $ 3 56-44 - - - 1 Es 39 1 6 5 6 ;7b- 9.3 12 L g.l - t... r 2 6.1 AAL MANTEO (SHALLOWBAG), NORTH CAROLINA {. SIDE CHANNEL 47 "NORMAL"WATER DEPTHS* ?- - °°I ra '- 'Based on Wilmington District, U.S Army Corps of Engineers Survey Dated Off- cDlit!!LD! ,tom =i October 26 5 ! ?a w _ , 2004. Note that "Normal" Water Depth = Mean Low Water+ 1.5 feet Modified by John Sutherland, NC Division of Water Resources, November 23, 200 12 ;., S ± R.'"- ' ' ', CA. P I / - i,.Oat*CyOp 41 aw ??ESS/ 'a G? ?`•o _ SEAL m n 9553 A as 100 A ? I ---- - • • - ? SIDE CHANNEL 97. . Note: Dredging will occur only, within the 100-foot channel width; side slopes of 3 feet horizontal to 1 foot vertical will be produced as a result of the dredging. 2'S 20 iS 10 s' u ds FIGURE 3 CROSS-SECTION A-A' AS SHOWN ON FIGURE 2 Dredging of Side Channel 7, Roanoke Sound, Dare County NC DIVISION OF WATER RESOURCES October 24, 2005 Drawn by John Sutherland, P.E. Revised by John Sutherland on December 8, 2005 ?('_A6A=q , A p z??'' d ?48 9 1322 717 11]3 H77 s I ?c Pq c:, i FIGURE 4 SKYCO DISPOSAL SITE LOCATION MAP Dredging of Side Channel 7, Roanoke Sound, Dare County NC DIVISION OF WATER RESOURCES Apri15, 2004 Drawn by NC DOT Mnrlifi nrl - nm-i.n.- ii 'Bnnc I,.. T..1... C.. al.....1,._a n n. O G ROANOIKE SOUND O ?l 1 PREPARED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS - GIS UNIT IN COOPERATION WITH THE U.S.DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION SCALE 1 0 1 MILE ska Bx To Dredge ?i., FIGURE 5 PIPELINE ROUTE FROM SHALLOWBAG BAY TO SKYCO DISPOSAL SITE Dredging of Side Channel 7, Roanoke Sound, Dare County C. Division of Water Resources N . December S, 2005 Drawn by John Sutherland, P.E. s. Pipeline 04 .Q1 O Disposal Site 500 0 500 1000 1500 SCALE IN FEET FOR PHOTO -? + 2798000 , ; FIGURE 7 `? VIEWING LOCATIONS OF SIDE CHANNEL #7 1 Dredging of Side Channel 7, Roanoke Sound, NGTON BAUM BRIDGE N 797227• Dare County ( QPPROX IMATE LOCATION) E 29 6418 NC DIVISION OF WATER RESOURCES October 3, 2005 1 Drawn by Wilmington District, U.S. Corps of Eng N 797547.4 ll Modified on October 11, 2005 by John Sutherlanc E 2996291 .7 1 ` / /?" / 0+00 R-10 ` a 9.('?0, 25+25 R-9 , y ? ? 10 h N 797527.3 E 2996245.6 '? '1? 1' i , N 797175.3 N 7976177. ,? „g?/ y• E 2996177.4 ti• o A ?? E 2996331 .6 "24A" ,5 ? A. A ?A o 1b 'ya• 0 A A .y A• o? • 1 ?? U - ?\ ??` ?Q hA? \. ` N 797464.5 #2 E 2995488.0 \ t4;Ci5etePf7?. ;.?o??t?1 C?1f ?t , :?, i ?' SE AL n `?1 ,YU1 Et,•- " ? , ? ` .5 2.0 P.E. irate's Cove Marina + ' v4i. ,/,a. Depths shown are in feet mean low water, which is equal to normal water `r 1 ?` 0 L level minus 1.5 feet. Thus, to convert to normal water level, just add 1.5 feet. ti? % 3 N 797504.5 e tia• e• .?'? d "TIDE BOARD" E 2996201.1 • /? ?\ Cn N 797580.6 6ro . \ . ; , E 2996153.1 6? ; ?oa? ? y ` ? #1 -ry ? 2 N 797670.3 1 ; ?? N 797424.0 E 2996103.3 \ ; E 2995616.9 N 797520.0 \ ` ', E 2995588.8 \ \ \i \ 1 #4 \?A 1 .i #3 ?,,?.` North Carolina Michael F. Easley, Govemor NCDENR Department of Environment and Division of Water Resources November 23, 2005 MEMORANDUM TO: 60(6 ? V `O?I? C0A1'r6l1.. f'-'AN,4G,?A1"ziJVil Y Natural Resources William G. Ross Jr., Secretary John Moms, Director Raleigh Bland, US Army Corps of Engineers, Regulatory Field Office, Washington; NC Mark Bowers, US Fish and Wildlife, Raleigh Ron Sechler, National Marine Fisheries, Beaufort Frank Jennings, NC Division of Coastal Management, Elizabeth City Sara Winslow, NC Division of Marine Fisheries, Elizabeth City Kyle Barnes, NC Division of Water Quality, Washington Regional Office 1 FROM: John Sutherland, Chief Water Projects Sectio SUBJECT: Followup to Request for Modification of Depth Notation in EA/FONSI for the Dredging of Side Channel #7 to the Manteo to Wanchese Navigation Channel in Roanoke During a meeting on Noven ber 22, 2005 regarding a major CAMA per application/modification for dredging at Roanoke Properties Pirates Cove Marina in Manteo, Dare County, some agencies had difficulty matching normal water depths with those at mean low water. It was recommended that the depths shown on the oversized drawing of the October 26 survey of Side Channel #7 from the Manteo to Wanchese Navigation Channel to the Pirate's Cove Basin be converted to normal water depths. I have attached two pages that show the addendums that will be made in the final Environmental Assessment and Finding of No Significant Impact to implement the use of normal water depths. I think with the above changes that I have addressed all concerns raised during the internal DENR review process. If so, I would appreciate a quick email from Sara Winslow and Maria Tripp to that effect. You may contact me at 919-715-5446 or John. Sutherland(@ncmail.net. Attachments cc: Melba McGee, DENR Clearinghouse Coordinator 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org NorthCarolina Aafttrallb, An Equal Opportunity 1 Affirmative Action Employer . 50 % Recycled 110 % Post Consumer Paper I ADDENDUM #1 TO THE EA/FONSI FOR THE DREDGING OF SIDE NAVIGATION CHANNEL #7 TO THE MANTEO TO WANCHESE NAVIGATION CHANNEL IN ROANOKE SOUND 4.0 ALTERNATIVE ANALYSIS Nov 10G5 4.1 No Action CO bn h1 G ? c (? Dry The no-action alternative will allow shoaling to continue in Side Channel #7 and negatively affect navigation and water quality. Navigation depths in the channel, which range from - 4.4 feet to - 8.3 feet at normal water levels, will continue to be maintained by vessel prop wash, which causes turbidity when the surficial mud layer of the channel bottom is disturbed. The Pirate's Cove Marina basin may develop water quality problems due to the lack of flushing because the depth of water in the center of the marina basin is deeper than the side channel. Dredging of the marina basin to its permitted design depth may not be allowed due to depth discrepancies between its depth and the depth of the side channel. 4.3 Preferred Alternative The preferred alternative will deepen Side Channel #7 to a depth of -11.5 feet at normal water levels, or -10 feet, mean low water. The dredging will increase average operating depth by approximately 5 feet. This depth will provide safer and less damaging passage for vessels navigating the channel and with less turbidity resulting from prop wash. The deeper channel will facilitate basin flushing at the marina, which could improve marina basin water quality. The channel dimensions and dredged material volume are shown in Table 1 below. The area shown in Table 1 is for the area that will be dredged and not the total area of the side channel. Table 1 AREA AND VOLUME FOR SIDE CHANNEL' #7 TO MANTEO TO WANCHESE NAVIGATION CHANNEL PREFERRED ALTERNATIVE Ave. Dredging Dredgin Side Name (normal Length Width Areal Cut` Volume Chan. # depth in feet) feet feet s .feet feet cu. ards 7 Pirate's Cove Mar. Ch.(-11.5) 640 100 64,000 6.92 16,500 1 The map in Figure 2 shows the general location of Side Channel #7. The oversized figure shows a more exact location and the dimensions of this side channel. Addendum #2 shows the normal water depths of side channel #7. 2 Area directly affected by dredging. 3 Average depth: calculated by dividing the total dredging volume (in cubic feet) by total area (in square feet). 4 Volume includes material from side slopes that collapses into the channel and is dredged. ' ??'Y+R: ??, .`:-?i?s,I,? ??h t?`h KIC ix ?,s .ru''?ga ?7 ?,.,,. ,,,,,? t i u f; f s t n aq??al 3 ",.?!'9nG ?,?? J?P 'i rt ye a ,L "?I L p rI- ,*s, IFy,? f3rE a;r .i..g a ! p •rv 'F. 4.4 ?k'4 ?,ti?,t<}iyp+-?y,'Y a.,?+"a"•!. R .+.x 11 y4 k '' ?t.n: Pte- Yn iV''q'S'a"?, .FY t ?C'k Syr ,..ey$`" ?S:',ar• d4•? sf^B' .al4i?,git.,"'w?p?:+f° ` F - -- +- %, Sj.d M ADDENDUM #2 TO EA/FONSI FOR THE DREDGING OF SIDE F x, CHANNEL #7 TO THE MANTEO TO WANCHESE NAVIGATIO .:? CHANNEL IN ROANOKE SOUND i }? , , - 6 , . 5. :. ? ? ?xr' +L`,?P .?+M'?, „r ? ?} . ? ?,?,?,'.r`,s?-+rL..•? f._ i• t ? x+. y :kP?ra ??? -# c? X ? F? wxK tr 4 1-m Fay s uy a der ?ikru Ss s "N b 'la 4 .? L rtc .9+:.1 k ?'7'a»?.. .9?k 1'^ ^u q,t'+ MM 110 IT % i A4.'7?w„w ?p ° °` a•',iy"?"$.`°ti.^, `?. #r.W - , "? ? §? I? dal F , ? .?'"i?§s„ I R ? .''Gan ?, r ?i • _ y, s, .,,?4T.y t• ?hY ?Ji _'' •? u? ,i - - r _ r :c, a6 „" ,? J y€ ? sk-t a. i '4 •+"? ,per,.. a ,fax }r: .. G 11 ` t ys ,¢ ?`"? M our f' w ? Gx i•"i,, ,a^?,?;?°? ???? ..E r:b6! ,'°y '' `"?'... • Mm.. ^ +w""?.,.:an '' ,'r.`it'pypyxpt!G r I .µ ?'.. .......,:- ...?-:_•,• I '-"?g.J. use- ._.. h Iv; ?~ S . s v. ? tf t ? G I _ r . 1 4' y+yw ?u4'4' 6EAD G r All G ' I1 III J yxi'.: , ? ? '4s I < '' 8,a (fp 4 %ry $ i, :ON" N??a ni 6 C ? ? ? Ah% . 1 V 1.6 44 ?4 M i ! 3 wr 5 q!-"-- •1 g 94.16 ' S 9 4 u j .,? _ r Y 00 g .; \p 12.?! f' 8 2k I 'I 9•,, 4 8',,," r> :; :: _:: f NT, 8.3 6• 4 17 -4' 0 T! 12.9, je r b`C7y 0.F ' r .. ?' '? +we • L 1W i . %c MANTEO (SHALLOWBAG), NORTH CAROLINA SIDE CHANNEL #7 "NORMAL"WATER DEPTHS* ??" • ` awl,. __ ? a °v°?.a€s+? Y r?? \ *Based on Wilmington District, U.S Army Corps of Engineers Survey Dated /n?'? 'p?•••° ?e October 26, 2004. Note that "Normal" Water Depth = Mean Low Water + 1.5 feet Modified by John Sutherland, NC Division of Water Resources , November 23, 2005 - w MAJOR PERMIT FEE MATRIX Applicant: NC Division of Water Resources, Maior Modification #106-04, Side Channel #7 Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercials Ej development that does not $400 100%($400) 0%($0) involve the filling or I excavation of any wetlands or open water areas: ® Major Modification $250 100%($250) 0%($0) Fee III(A). For Private non- E] commercial development, if $250 100%($250) 0%($0) General Water Quality 1 Certification No. 3301 (see attached can be applied: III(B). For public or ? commercial development, if $400 100%($400) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water E] Quality Certification No., $400 60%($240) 40%($160) 3301 (see attached) cannot be applied: IV. For development that ? involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: 1 M[MAWS CC I i II I I 1 I I? I . 1 \ PROPOSED SILT FENCE \ 5.280 Linear Fsat \ \ IM'RLMAT NAWN ALL 9U FENCE NFIOIT 1?' 1ESMa9 2 1 DMN Ir T / a Ir-. / TYPICAL D= moss zBLTM kA N.T.& nnA 2. DIKE AREA TO 14 FOOT FILL HEIGHT - 760688 SF. (17.46 AC.) TRAVEL SILT SPILLWAY r-SPILLWAY ANTI-SEEP COLLAR NSDE Ta nAT.AEM . 4,77TU uEM FaT HAMM FILL UE PON ERM - S WA UEM FEET PC= 7"In MAY POO EIER.. 3.m0 U EJR FEET OJIM 1MNL WAY FNNEM:41120 U WAR FEET OU19CE IDE Cr 01E FaNEMM SN3.1 UEM FEET CHAFF1E NOT INCLUDE IN PERMETERS) GRAPHIC SCALE w r r s (neat) 16ri•UaR MAXIMUM FILL LINE a M; n? N? N HAMMOCK Sf t 2 ACRES PROPOSED GRAVEL / COUNTY OF DARE WELL# 9 1.! mom A rlo mmYn aono ??yLy? s>Iq? •? `,? ArIOt ?Y ? arY. F>toN n maraaioa r oOVncY u?rPACCmw?r?mnrltV1°vaa HDiE:. 1. 009: AREA TO TOP OF BERM - 764769 SF. (17.92 AG) UPLAND AREA NOT YET . DEUNEATED OR SURVEYED. FORMER LOCATION OF DARE COUNTY WELL #9 CURRENT LOCATION OF DARE COUNTY WELL #9 IS (RENAMED WELL #6) TH IS NOT A SURVEY ENTRANCE xu I 1 0 z z 77 W IO 2 04 asry?a' `?? } 1ST Nil 12 I IN" FIGURE 6 SKYCO DISPOSAL SITE Dredging of Side Channel 7, Roanoke Sound, Dare County NC DIVISION OF WATER RESOURCES June 30, 2003 Drawn by Quible & Associates Modified on October 11, 2005 by John Sutherlan 1, P.E.