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HomeMy WebLinkAbout19950331 Ver 1_COMPLETE FILE_19950329State 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 75331 FILE NWI#r WASNINGTONECFFICE MAR 2 4 1995 March 22, 1995 A E M, MEMORANDUM TO: Mr. A. Preston Howard, Director !!rj a N] F `? Division of Environmental Management U l FROM: John R. Parker, Jr. MAR 2 g 1995 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: RV's Restaurant Project Location: RV's Restaurant, Hwy 64/264, Nags Head, Dare County, Roanoke Sound Proposed Project: To construct in Roanoke Sound a 6' wide by 200' long pier with a 500 square foot deck at its waterward end. The pier is proposed for access and viewing of Roanoke Sound and its natural resources. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 12, 1995.. If you have any questions regarding the proposed project, please contact David 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 attached comments. Signed Date C 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: RV's Restaurant 2. LOCATION OF PROJECT SITE: RV's Restaurant, Hwy 64/264, Nags Head, Dare County, Roanoke Sound. Photo Index - 1989: 42-21: 110 1984: 138-457: M17 State Plane Coordinates - X: 3006500 Y: 801550 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/14/95 3/21/95 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 3/17/95 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Nags Head Land Classification From LUP - Conservation E-2 (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Commercial Pier (E) Wastewater Treatment: Existing - Septic Tank and Drainfield Planned - None (F) Type of Structures: Existing - Restaurant, Gazebo, Parking Planned - Pier (G) Estimated Annual Rate of Erosion: < 2 ft Source - Personal Observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Shaded Shallow Water Habitat 1700 ft2 (C) Other (D) Total Area Disturbed: 1700 ft2 (0.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: RV's Restaurant proposes to construct in Roanoke Sound a 6' wide by 200' long pier with a 500 ft2 deck at its waterward end. The pier is proposed for access and viewing of Roanoke Sound and its natural resources. RV's Restaurant Field Report Page 2 SITE DESCRIPTION RV's Restaurant is currently located on an approximate 1.5 acre tract of land located between Hwy 64/264 and the Roanoke Sound in Nags Head, Dare County. The property is rises from the elevation of Roanoke Sound to approximately 4 feet above mean sea level. The shoreline of the property along Roanoke Sound is currently riprapped with broken concrete. The water depth adjacent the rip rap in Roanoke Sound is approximately 6" and gradually increases to approximately 18" 200 feet offshore. Aerial photography shows no submerged aquatic vegetation in the vicinity of the project. Upland vegetation on the tract includes lawn grasses and several wax myrtle bushes. The Restaurant, paved parking and septic drainfield utilize the majority of the property. A 500 ft2, roofed gazebo was permitted under CAMA permit #111-88 and was constructed in the tidal creek on the east side of the property. PROPOSED DEVELOPMENT RV's Restaurant proposes to construct a 6-foot wide by 200-foot pier with a 500 ft2 deck located at its waterward end. An additional 15 feet of pier will extend across the existing rip rap to the highground. The 200-foot pier will angle north-northwest and end in water approximately 18" deep. No piers exist in Roanoke Sound in the immediate vicinity of this proposal. The applicant indicates this pier will be used for access to Roanoke Sound and "For customers to walk and look at wildlife." ANTICIPATED IMPACTS Approximately 1700 ft2 of shallow water habitat in Roanoke Sound will be shaded by the proposed pier and deck. Some minor turbidities may result during the construction of the pier, but should be short- termed and very localized. No archaeological sites have been identified in the area. CAMA REVIEW The Dare County Land Use Plan review and consistency determination will be conducted and forwarded under separate cover by Steve Gabriel. Please type or print. Carefully describe all anticipLe:d development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- M-- I Ot . uild a marina, also complete and p trol. If the requested information is not relevant to . ur jcl Tom, `-. Fogn,IICM-MP 2. project, write 1\/A (not applicable). Items 1-4 and 8.9,,-4?..----•------- must be completed for all protects. b. Is the proposed activity maintenance of an existing project, new work, or both? t\Ic'W l y0(` ?? 1 APPLICANT c. Will the project be for community, private, or a. Name I () '5 -A( "rAV ? commercial use? Address P-C) , ?o X C! 3 S- City N A-Qq L_--z, Vk (::N State e\1 C Zip ';-? 2 5 9 Day phone Wu \ - LI `t G 3 ndowner or Authorized agent b. Project name (if any) d. Describe the planned use of the project. -for C n-)-k- rYS 'Ta VJr-,? 1 V ex L\J CA L,- o c-, K V'r A- w k ( 1J 1__? t= e- c. If the applicant is not the landowner, also give the owner's name and address. Zv f) &) ,, 5 cwt 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 1Av ?-- y (fly/ 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract J ?/a, c- b. Size of individual lot(s) S r, ,,, z c. Elevation of tract above mean sea level or National Geodetic Vertical Datum W G r4 G'vC li..? L C d. Soil type(s) and texture(s) of tract e. Vegetation on tract b. City, town, community, or landmark Nj?J A a, r 5 (Act, cA f. c. County d. Is proposed work within city limits or planning jurisdiction? v 5 e. Name of body of water nearest project 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT 9. V er;e t....'tcL- NcC--C l Nosc" r-,1,4-44 Man-made features now on tract QT P Rot-'o S-er.,vc w (ov ?? s F.c: What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? (4 C)CII (,CA( i. How are adjacent waters classified? a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? %NQ If so, by whom? or pier). p i r -lz 3/91 5 UPLAND DEVELOPMENT11L.MU M IT Complete this section if the project includes rty 171,095 i ; development. I' I h, a. Type and number of buildings, facilities; ? --------- trL-Wate.:supply source ---------- structures proposed- i Ve- i b. Number of lots or parcels 1 c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed C yc C14 T1h: 11TH. w r (1 Qw J-1 V, e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (1v WI..) Boat basin Other (break- ware 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 d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards ' 2 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled - q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level 3/91 c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 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. An 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 71.0203 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. 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 site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) 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. 'r I v r- Liz f_31,?5 Dame E_Ima "i- rl":r Address PC Dame Address -3 ?R<_c)L4 O:a\o ? cm:ca-K LJc, Me-, 7rC_**.Wc- U'rA-i (I ri ()rt Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. A check for $250 made payable to the Department of Environment , Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Ca CAW c r Qec 6, CL's-t ? Nth 4,t V-. \( C_ r%, PCA 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 ?Forth Carolina's ap- pioved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. This is the &_ day of e1?a?cLh 19" Landowner or Authorized agent ???-?a? 1.1_ NAR 1 1995 rp r C.O4 r4 , rY,? - 3/9 R ? ? ? . _ ,,. jl ? ? ?' ? ? ? _ !-? RoPOr? L' k 2oa . w? c., _