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HomeMy WebLinkAbout19940765 Ver 1_COMPLETE FILE_199409140CT-04°°94 TIIE 06: 53 IL:: TEL h10: PICT-03-1 GM4 14: 70, P:F011; i` . Ih r. i I= F i H r ''[iG'EnE i' 7J Mate of North Carolina Health and Natural Environment, Resourcs D'Msion of Coastal monagerr r't James B. Hunt, jr., Governor Janothan B. Howes, Secretary Boger ,N, Sch$cter, Director August 4, 1994 Y f ^a "` ?fly,. f°?.f7Qa* M i? V {q +o: Mr, Robert 7. Jamieson, interim, DirecLur Division Vf marine Pizherigo FROM. John R. Parxet, 7r. Major Permit¦ Processing Coordinator ?" rt CAYUN/DRE;DGE & ?'ILL PerA-ndL Appiicati= Review Apt7licantm R. Equipment Co,, inc. /8cat Rdmp, Martin's Poirt F.aad, So.3chern ri•t?? , _?an Gui :g Creek Pro f y ' _f.1 .' s_ i? - 4 . ? _ +.ajo_ and flashing pipe fro.-p t.-,e axiating pond mad; ac eat tiiir CtNrt,n s Pni.nt boat ramp Lo Jean Guits Cr.ee) Plea** ind4zate bel.on yo: r agency-' position ar view-point on the proppaed project and ratQrn this fort-: by Au gt 25, 1994. If you have any questions regarding the proposed prmmenta Please cor.tat7t. arid, R. Qr;.ffln at (919) 264-3901. i?hen appropriate, in-depth aL_, su port ., g data is rQquezted. REPLY ?. Vila a,?gncy has ago objevtiCh tb the project as proposed. xhi: sgsric, has no co=rner:": on the prcpp.,sed project. ??31is agit?cy apprev?rs of the project crily is Sec attached. the recpmmended changes a e i; cet'perteda This agenCY Oi: jiects to the prc?-ect for rea r? 6D:2s descri+?. _rd In r.:lo a.. -ae..ed cc,.zerztE Signed bate #81 i • A 917 1367 MS. 17 South, E1iz;aboth Giiy, Nortn C tlolina 27QW FAX 0719-246-63723 All, Equal QW9tIvnr y A1flrMT. va Aaron fulployer 5?? rscvwlvd! 1G"!6 Est Gonsumet Gciraet -OCT-04- ° 94 TJE 08:59 I D : TEL NO: #810 P02 O T-X13-199 ; 14:20 FROM t?C. MAF.11NE Fl':-::H. r hIIDREHEAD TO 'l:f?+tiTAL P1t kAGEM P. 0-n r State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries .lames B. Hunt, Jr., Governor Jonathan B, Ho`iNes, Seprotary Robert J. Jamieson, Interim piractor M= *1 T0; John R., Parker, Jr,, DCM Major Permits Processing Coordinator THROUGH: Mike Street FROM: Sara E. Winslow, Biologist SuperviscE 'Aj SUBJECT: T.R. I: gquipment Co., Inc. PropoW DA'TE',: August 31, 1994 The following comments by the North Carolisia I)iviSion of Martine Fisheries are provided pursuant to General Statute 113-131. Jean Guite Creek is a designated biland Primary Nursery Area. The creek is ut>i 2t-d by spot, croaker, weakfish: spotted se;atrout, slwnmp, blue crabs and other coin merciaty and recreationally imporwit species. The Division objects to the projrct as proposed based on tree following reasuns. The North ,rollna Wildlife Resourc:s Commission (W'RC) investigated a fish kill in the pond bi September 1993- All species of fish, both of recreational and commercial intpofizice were killed. At the time of the kill dissolved oxygen levels in the pond were 0 to 3 ppm. The WRC electrofished the pond on 24 August 1994. Recreationally and commercially important species were encountered, :Blue green algae was obse,,i ed in the pond. As a result of the previous fish kill, low dissolver oxygen levels and blue green algae blooms in the. pond the diwbaxge of "pond water" into the creek would result in degradation of water quality of an Irland Primary Nursery Area, Degradation of water quality +;:canstitutes a loss of use under lZ, the Clem Water Act, which would to a violAtit n cif state and federal rules and policies. ?? This agency also objects to the filling of 2250 sq. ft. of wetland Swale. Wetlands are of great importance in modifying acute impacts of hydrologic events, moderating stormwater flaws, trapping sediments and providing nutrients for L'icorporation into resident plants. In summary, the Division objects to the project due to degradation of water quality and lass of wetlands. P.C}. Box 769, Mpreh?Rd City, North Carolina X855] t?76 ?l2Bh ne 919-726-7021 FAX 18.726.0254 An Egvs! OphdrWrNiy Arfi,-rnp,:v#i Action errrfvver 50% re^,yCfvdr 'C'la postconsQmer onpes TOTAL R,02 o JDC T-04-' 94 TUE 09:00 ID: TEL NO: #910 EE+3 --•- j a 2- State of North Carolina07 Department of Environment ?:-- Health and Natural Resaur _; ?s r?`?? " • Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B, Howes, Secretary M Roger N. Schecter, Director TIC:/ August 11, 1994 NIEEMORAIS'DUM 4,. TO: Mr. Charles R.. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program ?..,a. FROM: John Parker Jr. Major Permits Processing; Coordinator SLTWECT: LAMA/DREDGE & FILL Permit Application Review APPLICANT- T. R. Equipment Company, hic. PROJECT LOCATIO : Martin's Point Marina, Southern Shores, Kitty Hawk, Dare Co. ROPOSED PROJECT- Install new drainage and flushing pipe from existing pond to Jean Guite Greek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 2, 1994. If you have any questions regarding the proposed project, please contact John Parker at 733-2293_ 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. V This agency. objects to the project for reasons described in the attached comments. Signed Date p.a.13ox 27687, Rdelgh, No." Gorolho 275 1 1-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper . nCT-04- ° 94 TJE 09:00 ID: TEL NO: #810 P04 - k North Carolina Wildlife Resources Commission 5121. Salisbury Street, Raleigh, North Carolina 27604-.11188,919-733-3391 Charles R. JFullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: Richard B. Hamilton d 6, )? 4lm Assistant Director DATE: August 29, 1994 SUBJECT: LAMA major development permit and State"dredge and fill permit application review for T.R. Equipment Company, Martin's Point Marina, Dare County Staff biologists with the North Carolina Wildlife Resources Con-unission have reviewed this perniit application and are familiar with habitat values of the project area. In order to further assess project impacts on fish and wildlife resources, an onsite inspection was conducted on August 24, 1994. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 1 I3A-100 through 113A-1281, as amended, and the Fish and Wildlife Coordination Act (48 Stat, 401, as amended; 16 US,C. 661 et seq..'). The applicant, acting as an agent for the Martins Point Homeowners Association, proposes to reposition and enlti_rge a drainage culvert which conveys excess water from the homeowners association's pond to Jean Guite Creek, The hom-NNN-ners association's believes that poor water quality and algae blooms in the pond will be improved by positioning the culvert in such a manner as to allow the pond to be connected to Jean Guite Creek, allowing the pond waters to ebb and flow with the creek. During September 1993, at the request of the Martin's Point Horneow7ners Association, our district fisheries biologist investigated a fish kill in this pond. Several hundred dead fish were found along with an extensive bloom of blue-green algae, Dissolved oxygen levels were very low, ranging from 0 to 2 ppnn, During the investigation, we were informed by residents that algae blooms and more minor fish kills had been a chronic situation. At the conclusion of the investigation, we, advised the homeowners association by letter of our findings arrd recommended they identify and eliminate the source of nutrients `Which were fueling these algae blooms, As part of our onsite inspection for this permit application review, our district fisheries biologist and Mr, David Griffin of your staff electrofished the pond to check for the presence of grass carp, several of which had been seen dead in the 1993 fish kill: No grass carp were found, however blue-green algae appeared abundant in the pond. -OCT-04-'94 TUE 09:01 ID: TEL NO: #810 Pas T.R. Equipment Co. i August 29, 1994 Jean Guite Creels iY--, the receiving, waters or this proposal and is classifi€,d by the North Carolina V'ildli f?- Resources Commission as a Prlnnar r tiursery Area ("NCAC T1 5A: 1OC .0503 3 (a? . Es designation signifies those Inland Waters in which water quality and Habitat values support uv nile populations of economically irnportar_t seafood species. Ow-agency plaices high emphasis on protection of water quality in these areas, As evidenced by recur-ring algae blooms and associated fish kills, there is no question that this pond is overenrich .d with nutricres, By providing a continuous coo nection betweeri the pond and Jean Guite Creek as is proposed, a de facto point soarae of mitric:lit e n irelmlent f6r the creek will result. The solution ti this nutrient problem lies :ith nutrica.t and r mff a! atcn=ent, not with disposal into Jean Guite Crcck. We. believe that this project will din-finish water quality' aid fishery h9bita.t val=ues in Jean Guite Creek. As proposed.. thes pnr ject is inconsistent ? ith our Policies a;.td Guidelil.°s for Conservation of Wt- lands and Aquatic Habitats : fficita'l ' adopt; d !?y the North E aroma Wildlife Resources Commission and , e requl--st denial of perr_zits for this proJrct. We appreciau? tl3F oppo*-tllniv for providing our input into this perinit if you need farther ttttorrnatio.i, pleas. co.3tact Pet; Kor'fegati at (910) 338-3607, PKIfm cc: The Honorable l?utseli M. Hull, Jr. The Honorable Jerry W, Wright Pete Kornegay, DistxiGt 1 Fisheries Biologist David Rowe, District 1 Wildlife Biologist f 1 To : John Dome Planning BFP 4 5 1994 MANAGEMENT ON REVIEW WaRO PROJECT # q C(-O 3 e-- WQ SUPERVISOR: TH . REVIEWER: SAWYER DATE: `lz? WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING nn PERMIT YR: 92 PERMIT NO. COUNTY: d0el'O PROJECT NAME: -it-C. 6p PROJECT TYPE: Q PERMIT TYPE:(-.qwCOE COE h DOT #: RCD FROM CDA: 61i?) DATE FROM CDA: REG OFFICE: WaRO RIM AND BASIN #- r?- STREAM OR ADJACENT WATER BODY: ,1'ea-.. ,(,E„' CLASS: lj d- STREAM INDEX OPEN OR WL IMPA WL TYPE: WL REQUESTED: WL ACR BST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: G SHEET ATTACHED? RECOMMENDATION: I S ISSUE/COND DENY HOLD , STORMWATER PLAN REQ'D• 7 IF S,•DA PPROVED: PnROJE?T ESC PTION: ?.?-?s??Q ..• 4- ?? g WATER QUALITY CERT. (401 CERT. REQ'D: Y IF YES, TYPE : SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: ^))d-- (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: •-6 WETLAND: 2S?S ?yL? IS FILL ELIMINATING A SIGNIFICANT USE? J DREDGING AREA TO BE DREDGED: - v IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARE THE FOLLOWING ADEQUATELY SEWAGE DISPOSAL: OXYGEN IN BASIN: ADDRESSED? Nye'- MARINA SERVICES: CLOSURE OF SHELLFISHING WATERS: CC: WARD; Central Files; DCM Field Offices; CDE Washington Office r I DIVISION OF E IR NMEYTAL MANAGEMENT MEMORANDUM i TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews Arpdfe" for Stormwater Review Project: _I Project No.: Date Received: 1S ( Y 17 S'' L?r a4 Date Comment: j Description of Project: a. . Comments: I State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director E:> FE F1 WASH Ir`4GTONEOFFICE U G 0 8 1994 Augusta 4, 1994 MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator D.LM, U AUG 2 5 1994 t it WETLANDS GROUP 1_ CATER U-i?,-!LITY-SE;,CICs`,_.. SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: T. R. Equipment Co., Inc. Project Location: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern Shores, Kitty Hawk, Jean Guite Creek. Proposed Project: Install a new 18" drainage and flushing pipe from the existing pond adjacent the Martin's Point boat ramp to Jan Guite Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 1994. If you have any questions regarding the proposed project, please contact David R. Griffin at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY _ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 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 Signed O Date 1367 U.S. 17 South, Elizabeth City, North Carolina 27909. Telephone 919-264-3901 FAX 919-246-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director I a I E3 EHNF1 WASHINGTEION OFFICE AUK: 0 8 1994 August 4, 1994 MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: T. R. Equipment Co., Inc. AEIW, F AUG25? Project Location: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern Shores, Kitty Hawk, Jean Guite Creek. Proposed Project: Install a new 18" drainage and flushing pipe from the existing pond adjacent the Martin's Point boat ramp to Jan Guite Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 1994. If you have any questions regarding the proposed project, please contact David R. Griffin at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY -? This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Signed O Date 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper IMPORTANT Time Date WHILE YOU WERE OUT M Phone EXTENSION AREA CODE NUMBER FTELEpHONED PLEASE CALL WILL CALL AGAIN D EE YOU TO S S TO S EE YOU URGENT -V1 oorn YOUR CALL 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 I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: T. R. Equipment Company, Inc. 2. LOCATION OF PROJECT SITE: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern Shores, Kitty Hawk, Jean Guite Creek. Photo Index - 1989: 44-2: N16, 016 1984: 137-490: E18 n v , } i d _ State Plane Coordinates - X: 2960300 Y: 879700 j } AUG 1 ti 1994 3. INVESTIGATION TYPE: CAMA I 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 2, 1994 - WATER Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 26, 1994 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Southern Shores Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Shoreline, Estuarine Waters (C) Water Dependent: No (D) Intended Use: Pond Drainage and Flushing (E) Wastewater Treatment: Existing N/A Planned - N/A (F) Type of Structures: Existing - Overflow pipe, Pond, Bulkhead, Boatramp, Pier Planned - Flushing & Drainage Pipe (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands in Swale 2250 sq ft (B) Non-Vegetated Wetlands (C) Other Disturbed: Upland 3750 _sq ft. (D) Total Area Disturbed: 6000 sq ft (0.14 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new 18" drainage and flushing pipe from the existing pond adjacent the Martin's Point boat ramp to Jean Guite Creek. This pipe will allow the pond to drain into Jean Guite Creek and will allow water from the Creek to flow into the pond during high water levels in Jean Guite Creek. ti T. R. Equipment Co., Inc. Bio Report Page 2 Setting . Martin's Point Homeowner's Association currently owns a tract of land at the northern end of Martin's Point upon which is located the Association's boatramp, boat storage area, parking, and pier. Across the Martin's Point Road from this area is located an approximate two acre pond excavated approximately 15 years ago on property owned by the original developer of Martin's Point. An 18 inch diameter drainage pipe currently runs under Martin's Point Road to a 375-foot long, 6-foot wide swale which directs overflow water from the pond toward Jean Guite Creek. A 24 inch pipe at the end of the swale allows water in the Swale to drain through the wooden bulkhead adjacent the Association's boatramp into the Creek. The swale is vegetated with -Scirpus spp. and appears to be periodically mowed. The elevation of the pipe in the pond allows water to drain from the pond through the vegetated Swale and into the Creek. However, the elevation of both pipes precludes water from flowing into the pond from Jean Guite Creek except under extremely high water situations. The bottom of the existing 24" pipe is approximately 3" above the normal water level of Jean Guite Creek. Located in Jean Guite Creek immediately adjacent the end of the 24" pipe is a 6' by 10' area vegetated with Sci us spp. This vegetated area also exhibits scattered amounts of rock rip rap from previous attempts to diffuse the outflow from the existing 24" drainpipe. The location of the existing and proposed pipes is near the mouth of Jean Guite Creek, albeit within the Creek, an area classified as an inland primary nursery area by the NC Wildlife Resources Commission. NC DEM classifies the waters in Jean Guite Creek as SC. Proposed Development Over the last several years, algal blooms and low oxygen levels in the pond have caused fish kills within the pond. Desiring to improve the quality of water in' the pond, the Martin's Point Homeowner's Association proposes to replace the two existing drainage pipes with a continuous, buried 18 inch pipe that would be lower in elevation than the existing pipe. The proposed pipe would be installed approximately 12" lower than the existing 24" pipe through the bulkhead. This would position the bottom of the pipe approximately 9" below the normal water level of Jean Guite Creek. This lower pipe would allow water to regularly exchange between the pond and Jean Guite Creek. The Homeowner's Association believes this will improve water quality within the pond, reduce algal blooms and reduce fish kills. The 18 inch pipe is proposed to be buried adjacent to the existing pipe and extend through the existing wooden bulkhead approximately 6 inches. The existing wetlands in the man-made swale would be filled during the burial of the proposed continous 18" pipe. This would result in the loss of 2250 square feet of wetlands which now serve to filter pollutants and take up nutrients from the overflow water from the pond. i b T. R. Equipment Co., Inc. Bio Report Page 3 Anticipated Impacts Impacts of the discharge of "pond water" into Jean Guite Creek (a designated inland primary nursery area) will need to be addressed by appropriate review agencies. The loss of the wetlands in the man-made swale and the function they currently carry out will also need to be examined. No cultural resources have been identified in the area. CAMA Review A review and consistency determination with the Southern Shores Local Land Use Plan will be completed and forwarded shortly under separate cover from Steve Gabriel. Sumitted by: David R. Griffin Date: August 4, 1994 f ti .r Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, laird oleariiig; and stbrriiwatet• ton- trol. If the requested informatlon is not fddVatit to your project, write N/A (not appht hle). itettia 1=4 affil 9-9 must be cotripletetl for all Otoj cts. . 1 APPLICANT ; TR q E ui p inert Co, } inc a. Name Address Suite 26 Hdkbinje-f. `Comm. Park City P o W e i s P 6.1 n t State _f1 d Zip 2 7 9 ti' b Day phone ' h =' 2 12 `Landowner or X Authon d agent b. Project name (if any) North P o h d Martins Point. c. If the applicant is not the landowner; also give the owner's nanid and address. Martins Point Hoinec??Fliers? "Asst?c: Inc.. 2016 MartinsPo'int .Rd.' Kitty Hawk, NC,, 7-949.--72-016 2 LOCATION OF PROPOSEb?,;* PROJECT a. Street address or secondary road number Martins Point- Road b. City, town, community; or landmark Soiither"n Shares c. County Dare d. Is proposed work within city limits or planning jurisdiction? Y e. Name of body of water nearest project Jean Guite,Creek 3 DESCRIPTION AND PLANNED RISE OF PR606§tb PR6k& a. Describe all development addvlties you propose (for example, building a hornet t otel; fftariria, bulkhead, or pier). Install 18" `pili6 From pond to Jean Gtite Creek 3/91 c ' j if you plan to build a marina, also cod;?` p e attach Form DClvl-YT-2. b. is the proposed activity maintenance ofaft?!' W1, , existing project, new work, orboth?.: Both c. Will the project he for community; private, or :. commercial use?.community d.. Describe the planned use of the project. Increase hater ,level„„in s. exist ng pon,O. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract / - 1 . 1 A c t e b. Size of individual lot(s) . n / a c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 4:1 d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract Grass f. Man-made features now on tract Boa t ramp & bulkhead g. What is the LAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural x Other h. iiow is the tract zoned by local government? ET-1 (extra territorial. I. How are adjacent waters classified? i inland j. Has a professional archaeological survey been carried out for the tract? n o If so, by whom? ?, 1 5 UPLAND DEVELOPMEW Complete this "section if the project includes any land development. a. Type att?l number of buildings, facilities, or structures proposed n/a: t b. Number of lots or parcels c: Density (Give the number of residentlal units and the units per acre.) n / a d. Size of area to be graded or disturbed 6000 sq. fe6b...,. e. If the proposed project will disturb more than brie acre of land, the Division of LAM Resources must receive an ero§ion and sedimentatioi_ control plan at least 30 days before land disturbing activity begins. If applicable; has a seifiientation'ari ero§ion control plan been sithtiiitted to the Division of Land Resources?.. n / a f. Give the percentage of the tract within " 4'1 75 feet of mean high water to be covered by itnperirieable surfaces, such as avement, buildings, tooftops. na ,. g. List the materials; such as marl,-paver stohd, asphalt, or concrete, to be.used fot paved surfaces. nya ? ti . , h. If applicable, has a storinwater friandgement plan been submitted to the bivision of Environmental management! . n / a 1. Describe proposed §6*age disposal and/ot waste water treatment facilities a ; • ; . j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. n/a. .. 1. Describe location and type of discharges to waters of the 'state (for example; surface runoff, sanitary wastewater, industrial/comme'w rci' al effluent, "wash down"). S u r f s c.e .. R.u.n o f f.-,...,,..:. . 2 't REGI?i? m. Water supply source „ / a n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access: h/a . . _ .. .. o. If the project is on the oceanfront, what will be the elevation above mean §ei dlevel of the first habitable floor? n / a s EXCAVATiMAND PILL lNMIMMIM A. Describe below the purpose of proposed 'excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width . Depth Access channel (IvLW) or WWL) Boat basin Other (break- water, pier, boat ramp, Lock jetty) Fill placed in wetland or below MHW Upland fill areas b.. Amount ofinaterial to be excavated from below water level iri cubic yards n / 2i: C. Type of material n / a d. Does the area to be excavated include marshland, swamps, or other wetlands? No nd excavation, in cubic yards e. High TOP 3191 \ ti f f. Dimensions of spoil disposal area ri /a g. Location of spoil disposal area h. Do youAdiril title to the disposal aiea? „ If not, attach a letter granting Odahissiori from the owner. i. Will a disposal area be available for future .. maintenance? n / a If so, wherel j. Does the disposal area include any marshland, swamps, or water areas? n/a k,. Will the fill material be placed below mean high water? n / a 1. Amount of fill in cubic yards n / a m. Type of fill material n / a n. Source of fill material n / it o. Will fill material be placed on marsh or other wetlands?- n / a p. Dimensions of the wetland to be filled n/a q. How will excavated or fill material be kept on site and erosion controlled? Permanent Seedl.nc#. r. What Type of construction equipment will be used (for example, dragline; backhoe, or hydraulic dredge)? - Backhoe s. Will wetlands be crossed in transpoituig equipment to project site? ho If yes, explain steps that will be taken to lessen environmental impacts. . 7 SHOAWNt SWUM 16N a. Length of bulkhead or nprap ri/ a b. Average distance waterward of mean high water or normal water level n / a 3/91 - f. C. Shoreline erosion during preceding 12 months, in feet n / a t. d. Type of bulkhead material n / a L _ I?r} .•d,, tl e. Amount of fill, in cubic yards, to be placed below them high water n / a . Y f. Type of fill material n / a AbOITIONAL INFOAMM16N In addition to the completed application forni the follow=; ing items must be submitted: A copy of the deed (with state application oitly) or other, instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, theta forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x i 1 white paper. (Refer to Coastal Resources Commission Rule 71.0203 fora detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawing's.) A site or location hiap is a part of plat requirements and it trust be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stortn*E e mdnagement plan, if applicable, that may have beeh developed in consultation with the Division of Environmental Management. A list of the dames mid complete addresses of the" ddkicetit Waterfroht_(riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal lvlanagefnent and should be advised by the applicant of that opportunity. ' , I R Name ciiff Goodwin t J dthtllMeAtIONANb PEIIM18SION ,Martins.Poiht lid. Address 704 Kitty Hauk .j. Nc 27945 -6 "Wth 6N LAW Name Park d o h ii s Any permit issued iri 'response to this application will , Address --7 0 3 3. Martins Point : R d allow only the development described in the application. r, Kitty H a W k ., NC 2 7 5 4 9 The project will be subject io.conditions and testrictions " contained in the permit. A Name Address 1 certify that to the best of my knowtedge; the pioposed . activity complies with the State of North Carolina's app pro ved Coastal Management Program an d will be c' 6 i-t A list of previoiig state bf fedekal otfiiiits issued fot ducted in a mariner consistent with such progiafti.. work on the project tract. tnclude petffi t iiimbers, permittee, and issuing dates, 1 further certify that 1 ani authorized to grant; acid do in # 9 7- 8 2, Martins P o i rit t ti 6. i s s d e d fact, grant permission to teptese- ntatives of state and federal review agencies to Inter 6h the afotiffidi tiotmed i n 19 8 2 f o r: b o a t b a s i ii , a c 66 s s c h a n n e l lands in connection with evaluating informAtion related bulkhead a ti d p i o r to this permit application and follow-up monitoring of A check lot $86 tnade payabte to the bepaftment of project..: Environment ; Hdatth, kid Rattifal Resources to cover the costs of processing ilie application. ? ti PV ;) , 19? This is the day of A signed AEC hazard tititlob for projects In oceanfront and inlet areas. A statement oii the 0s6 of tiiibile ftind. if the project involves the expenditure 'of public fiindg; attach a state- ment docunieritiHg 60hiptiatiee with tlii Roitli Carolina Environmental Policy Act (N.c.G.s. 119A=1 to 10). X - Landowier or " k tized agent 4 ' 3/91 J ?r -_ w = 3 0 6 v 0 a' S s 3 0 0 S 's ar s .X f C11-- r 11 3 N t d C 0 0 I y j dr- s k J Ul a7 I- Q f ?v o v d . Ql- 1% o i- ?d- • 1 0 ?M W t V 1 t?w v, ?1 8 N V/ y °' o T,96 ,£b'?ZZ o - C I `O ? N .. r W .; r o ?Q LID x M to I 4 Q ? ? I Z O -? ? I •q to t? N Q r , N ' Lr) ,91'682 3 „90 !.fO Q'Ll:ry d .- 1. ?4 C\j s _. qH-1 G?-) DEPARTMENT OF THE ARMY D WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 10, 1994 Regulatory Branch Action ID No. 199404073 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: AUG 12 Enclosed is the application of Martins Point Homeowners Association, Incorporated, represented by T.R. Equipment Company, Incorporated, for Department of the Army authorization and a State Water Quality Certification to install a drain pipe and place fill material in vegetated wetlands on Jean Guite Creek, Martins Point, Southern Shores, 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 October 10, 1994, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Mickey Sugg, Washington Field Office, Regulatory Branch, telephone (919) 975-3609. Sincerely, e oWri t 15'hiVe, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909 C. I - State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director RECEIVED AUG 190#4 QEGUUTOME BMW MEMORANDUM: TO: Cliff Winefordner FROM: David R. Griffin SUBJECT: Application for CAMA Major Permit DATE: August 4, 1994 /yyy o ?EHNR Attached is an application by T. R. Equipment Co., Inc., which was received by me on July 26, 1994. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. Enclosures 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: T. R. Equipment Company, Inc. 2. LOCATION OF PROJECT SITE: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern Shores, Kitty Hawk, Jean Guite Creek. Photo Index - 1989: 44-2: N16, 016 1984: 137-490: E18 State Plane Coordinates - X: 2960300 Y: 879700 RECEIV 3. INVESTIGATION TYPE: CAMAS 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 2, 1994 REGLUTORy RRA,N,C,r Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 26, 1994 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Southern Shores Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Shoreline, Estuarine Waters (C) Water Dependent: No (D) Intended Use: Pond Drainage and Flushing (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Overflow pipe, Pond, Bulkhead, Boatramp, Pier Planned - Flushing & Drainage Pipe (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands in Swale 2250 sq ft (B) Non-Vegetated Wetlands (C) Other Upland (D) Total Area Disturbed: 6000 sq ft (0.14 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No Disturbed: 3750 sq ft. 8. PROJECT SUMMARY: The applicant proposes to install a new 18" drainage and flushing pipe from the existing pond adjacent the Martin's Point boat ramp to Jean Guite Creek. This pipe will allow the pond to drain into Jean Guite Creek and will allow water from the Creek to flow into the pond during high water levels in Jean Guite Creek. T. R. Equipment Co., Inc. Bio Report Page 2 Settine Martin's Point Homeowner's Association currently owns a tract of land at the northern end of Martin's Point upon which is located the Association's boatramp, boat storage area, parking, and pier. Across the Martin's Point Road from this area is located an approximate two acre pond excavated approximately 15 years ago on property owned by the original developer of Martin's Point. An 18 inch diameter drainage pipe currently runs under Martin's Point Road to a 375-foot long, 6-foot wide Swale which directs overflow water from the pond toward Jean Guite Creek. A 24 inch pipe at the end of the swale allows water in the Swale to drain through the wooden bulkhead adjacent the Association's boatramp into the Creek. The swale is vegetated with ci us spp. and appears to be periodically mowed. The elevation of the pipe in the pond allows water to drain from the pond through the vegetated swale and into the Creek. However, the elevation of both pipes precludes water from flowing into the pond from Jean Guite Creek except under extremely high water situations. The bottom of the existing 24" pipe is approximately 3" above the normal water level of Jean Guite Creek. Located in Jean Guite Creek immediately adjacent the end of the 24" pipe is a 6' by 10' area vegetated with Sci us spp. This vegetated area also exhibits scattered amounts of rock rip rap from previous attempts to diffuse the outflow from the existing 24" drain pipe. The location of the existing and proposed pipes is near the mouth of Jean Guite Creek, albeit within the Creek, an area classified as an inland primary nursery area by the NC Wildlife Resources Commission. NC DEM classifies the waters in Jean Guite Creek as SC. Proposed Development Over the last several years, algal blooms and low oxygen levels in the pond have caused fish kills within the pond. Desiring to improve the quality of water in the pond, the Martin's Point Homeowner's Association proposes to replace the two existing drainage pipes with a continuous, buried 18 inch pipe that would be lower in elevation than the existing pipe. The proposed pipe would be installed approximately 12" lower than the existing 24" pipe through the bulkhead. This would position the bottom of the pipe approximately 9" below the normal water level of Jean Guite Creek. This lower pipe would allow water to regularly exchange between the pond and Jean Guite Creek. The Homeowner's Association believes this will improve water quality within the pond, reduce algal blooms and reduce fish kills. The 18 inch pipe is proposed to be buried adjacent to the existing pipe and extend through the existing wooden bulkhead approximately 6 inches. The existing wetlands in the man-made swale would be filled during the burial of the proposed continous 18" pipe. This would result in the loss of 2250 square feet of wetlands which now serve to filter pollutants and take up nutrients from the overflow water from the pond. T. R. Equipment Co., Inc. Bio Report Page 3 Anticipated Impacts Impacts of the discharge of "pond water" into Jean Guite Creek (a designated inland primary nursery area) will need to be addressed by appropriate review agencies. The loss of the wetlands in the man-made swale and the function they currently carry out will also need to be examined. No cultural resources have been identified in the area. CAMA Review A review and consistency determination with the Southern Shores Local Land Use Plan will be completed and forwarded shortly under separate cover from Steve Gabriel. Sumitted by: David R. Griffin Date: August 4, 1994 i. Please type or print. Carefully describe all anticipated development activities, liicluding coristm.ctiofi; excava- tion, filling, paving, land cleaiitig, And St6ih1Water con- trol. If the regtt ated iiifoitnatibii 1S tiot. felevant to your project, write NjA (riot applicablej. ttettiS 1-4 tttid 8-9 must be cotnpididd fof All prdjeets: 1 APPLICANT a. Name TR ..Equipment Co, , file.. Address SiAte ,26 Park City P o w e l i s P o i n t State - it C Zip 2?9 Day phone "rig=j-`zi2t# Landowner or Authorized agent .b. Project name (if any) North Pond Martins. Point. c. If the applicant is 'no't the landowner, also give the owners name and address. -' Martins Point Hofd4(3* Std "Anstio: Inc. 2016.Martin§:Point Rd." Kitty a?ik, NC 2016 Z LOCATION OF PRO008 PROJECT a. Street address of secondary toad number Martins Point Road b. City, town, cothintmity, or 1tlndtriark Southern Shores.: c. County Dare d. Is proposed *ork within city liinit§ br planning . jurisdiction? ye s e. Name of body of *ater nearest project Jean Guite Creek 3 DESCRIPTION A b PLANNtb USE OF PI1OPC?§0 PRC?k- f ...,? y a. Describe all develophiont Activitieit ytitt 06pdse (for . example, building a home totes; thaflha, bulkhead; or pier). Install 16" '1iip6 from bond to Jean.GUite Ctdsk 3/91 If you plan td build a marina, also ON ?et? attach Form bcM-Mp-2. co, P b. is the proposed activity maintenance of dry t? existing project, new work, or both?.. Both icrsj c. Will the project be for community, private, or 3 cominercial rise? Community d. Describe the planned use of the project. increase water level, ,in existing pond. 4 LAND AND WATER CNANACT?R sms a. Size of entire tract / - i • 1 Acre b. Size of individual lot(s) n / a, c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 4:1 d. Soil type(s) and texture(s) of tract and e. Vegetation on tract Grass f. Mari-made features now on tract B o a t ramp $ bulkhead g . What Is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Coiiservatiori Transitional Developed Cominunity Rural x Other h. How is the tract zoned by local government? ET-1 (extra territorial) i. How are adjacent waters classified? 0 inland j. Has a professional archaeological survey been carried out for the tract? n o If so, by whom? I 1 AEGE1 5 UPLAND DP_VF_L0PMP_NT .1. A Complete this "section If the project Incirides'any iand development. a. Type and inutnb 6t of buildings, facilities., br, strictures proposed n a J ?: b. Number of lots br patcels c: Density (Give the number of residetitial units and the units per acre.) - n / a d. Size of area to be graded or disturbed 6000 sq. feet e. If the proposed project will disturb moil than bile acre of land, the Division of Laiid Resources must receive an erosion and sedimentatior_t control plan at least 30 days before land disturbing activity begins. If applicable; has a §ediiiientatioii'atid ef6mos t' control plan beeii gubttildid. td the bMs' lo'ti of Land Resources? .. n / a f. Give the percetitage of the tract *i W 75 feet of mean high water to be covered by inipernieable surfaces, such a§ pavement, buildings; rooftops. :J. t g. List the materials, such as marl, paver stone, asphalt, or concrete, td be.ttsed for paved surfaces. h. If applicable, has a stormwater' friahigeent plan been ssbmitted to the Division of Erivirbnmental Managementl n / a i. Describe proposed sewage di§posal acidldt *9ste water treatment facilities. j. Have these facilities received state or, local apprdval? Yes k. Describe existing treatment facd1de§. n/a i m. Water supply source n n. It the project is oceanfront development; describe the steps that will betaken to maintain establistieij public beach accessways of provide new access. n/a o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? n / a s rMAVAT16N AND PILL IN=614 IIATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth b.. Amount of material to be excavated from below water level in cubic yards c. Type of material n / a 1. Describe location and type of dlscharge§ td waters of the 'state (for example, surface runoff, sanitary wastewater, industrial/comnierc al effluent, "wash down"). -.surface.. Runoff .. 2 d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High g around excavation, in cubic yards n; '3191 f. Dimensions of spoil disposal area n/a g. Location of spoil disposal area n h. Do yodclaliii title to the disposal area? Jt / a If not, attach a lettei granting penrii§§ioii from the owner. I. Will a disposal area be available for future .. maintenance?.- n / a if so, where? j. Does the disposal area include any tiiarshiand, swamps, or water areas? n/a k. Will the fill material be placed below mean high water? n / a '1. Amount of fill in cubic yards n / a m. Type of fill material n / a n. Source of fill material n / a o. Will fill material be placed on marsh or other wetlands? n /a p. Dimensions of the wetland to be filled n/a q. How will excavated or fill material be kept on site and erosion controlled? Permanent; Seeding r. What type of construction equipment will be used (for example, dragline, backhoe, of hydraulic dredge)? 13ackhoe s. Will wetlandS be crossed-in transporting equipment to project site? no If yes, explain steps that will be taken to lessen environmental impacts. 7 SHOPELINP- STABILIZATON a. Length of bulkhead or riprap n / a b. Average distance waterward of mean high water or norm al water level n / a 3/91 c. Shoreline erosion during preceding 12 months, in r feet ri / a d. 't'ype ofbulkhead material n / a e. Amount of fill, in cubic yards, to be placed below.,,:,}; *4 mean high water n / a f. Type of fill material n / a4 } 8 ADDITIONAL INFORMATION . ,?. In addition to the completed application form, the follow=`; ing items must be submitted: .•,. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of Said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. Art accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8.' 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.s. Afty 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 petsorinel unfamiliar with the area to the site. Include county toad (SR) numbers, landmarks, and the like. A Stortiifttee maiiagemetit Platt, if applicable, that inay have been developed in consultation with the Division of Environmental Management. A list of the ttatries and complete addresses of the adjacent *9tetfroni,(rlparlan) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. I. 1 e clf f doodwfn . . . Name Address 7045 Martins. Point Rd, ` t? ?+ 9 dtAf1P1GAt16N ANb PERMISSION . Kitty HAVk .j in :- 27949. .. . td tNfth ON LANI) - Name Park d o h n s Any permit issued in response to this application will , Address ---J033. Martins Point R d :. allow only tho development described if the application. Kitty Hawk; N c. 2 7 9 4 9 . The ptnject will be subject to.cotiditions and resti chotts contained in the permit. , Name Address t certify that to the best of my knowledge, the 060k 6d activity complies with the Staid of North Carolitia'i tips proved Coastal Management Program and mill be cohil A list of previoii§ statd df federal pef fitIO issued for ducted in a manner consistent with such program.:.. work on the project tract. Include pett iit numbers; i' pennittee, and issuiftg dates. T 1 t further certify that 1 am authorized to grant, acid do in ' # 7 9 7 - 82 Martins Point i ii d : i s s u e d fact, grant permission to tepreSentatives of State and federal review agencies to enter on tfid Afottifie"h iohed in 1982 for boat basin, 4 c c l s s chann el lands iriconhection with evaluating infotThatioit related bulkhead and p i s s to this permit application and follow-up monitoring of A check for $280 trade payable to the l7epaitmeht of project..: Environment , fldalth; And Natural Pwburcd§ to cover the costs of procd§sirig the Applicatiott: n/? all This is the ? day of 4PV 4 ; l9 A signed Ate hii2wd fititled for projects In oceanfront X and inlet areas. Landowner or Jutlitized agent A 'statement oti the ti§e 8l' otiblic tutik ft the project involves the expenditure of public funds, AttAch a state- ment documenting compliance with tfii; North CArolina Environmental Policy Act (N.C.G.S. t t3A=t to 10): vp? 4 3/91 i i61A?fi??t'S 9 :1 A ???1??' f#bb?vN? 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