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HomeMy WebLinkAbout20000111 Ver 1_COMPLETE FILE_20000203State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Coastal Contractors of the Outer Banks Post Office Box 1119 Manteo, NC 27954 Dear Sirs: NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 20, 2000 Re: Certification pursuant to Section 401 of the Federal Clean Water Act, Proposed Mine expansion of existing sand mine WQC Project #000111 COE # 20001418 Dare County Attached hereto is a copy of Certification No.WQC3274 issued to the Coastal Contractors of the Outer Banks dated January 27, 2000. If we can be of further assistance, do not hesitate to contact us. Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office File Copy Doug Huggett, Division of Coastal Management Central Files Elena Trapani; Mitchell And Associates Sin erel Stevens Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to Coastal Contractors of the Outer Banks resulting in 0.25 acres of wetland impact in Dare County pursuant to an application filed on the 27th day of January, 2000 to expanding an existing sand mine. The application provides adequate assurance that the discharge of fill material into the waters of Croatoan Sound in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of two manuals, either the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation will be required since it is a direct impact from road construction activities; 5. Deed notifications of similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the state in order to assure compliance for future wetlands and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 20 day of March 2000 DIVISION OF WATER QUALITY Stevens WQC#3274 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ffl'?IWAA NC ENR NORTH CAROLINA DEPARTMENT OF ff ENVIRONMENT AND NATURAL RESOURCES 1 0"d,. l(, 2000 .eo a-19 S y ?c;? 1? Dear Re: Certification Pur ht to Section 401 of the Federal Clean Water Act, Proposed ,V_ s WQC Project # 001 I l t COE # a. 0 ? n --1-'- County Vk ?S Attached hereto is a copy of Certification N 7 issued to the dated a-- , 2000. J If we ca be of further assistance, do not hesitate to contact us. Sincerely, Attachments Kerr T. Stevens cc: Wilmington District rps of Engineers C rps of Engineers Field Office y` DWQ Regional Office File C y Doug Huggett. Division of Coastal Management Central Files fl Eck T ct+n') I`?? 6 e? .t o c? 64 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Divis?io?j of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to a0s resulting in 0, nacres of wetland impact al7d-----}irrear`???i? in ?Glr?- County rsuant to an a lication filed o the day of 2000 to The a plicat'on provide dequate assurance that the discharge of fill material into the waters of C-reek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of two manuals, either the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation will be required since it is a direct impact from road construction activities; 5. Co a o mitigation shall b?_One. Co?? S? Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters amd, penefs to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. RMJ, This the _ 16day of 2000 DIVISION OF WATER QUALITY Kerr T. Stevens W Q 'Y?s? MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WQ Supervisor: Roger Thorne - Date: _ SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Coastal Contractors of the Outer Banks Project Number 00 0111 Recvd From APP Received Date 2/3/00 Recvd By Region 2/23/2000 Project Type mining site preparation County Dare County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet el Type Type Impact Score Index Prim. Supp. Basin Req. Req. IP ?O Y ON F__ 30-20-(2) SA ? 30,151. 6.25F r? ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y 0 N Did you request more info? O Y O0 N Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N Is Mitigation required? O Y 0 N Provided by Region: Latitude (ddmmss) 355232 Recommendation: *Issue O Issue/Cond O Deny Longitude (ddmmss) 753928 Comments: I site visit was conducted on 3/7/00. The wetland pockets are being Aerated by silt fencing while the sand mining operation continues. The areas appear isolated as far as surface connections but are likely connected subsurface. The application identifies mitigation although the impact according to .0500 rules does not require mitigation, cc: Regional Office Central Office Page Number 1 Mitchell aid ENVIRONMET? 113 West 3rd St. • Greenv b N 3975 Market St. Bldg. D Suite A • mi February 14, 2000 -- As 4ciates Inc. AL 'C, NSULTANTS ',7858 • 25 2.4077 0 Fax: 252.752.7380 tii;IV:C. 284(08 0 910.254.0602 0 Fax: 910.254.0603 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Raleigh, North Carolina 27607 DWQ Project No. 00-0201 Dear Mr. Dorney: Per your request, enclosed please find seven (7) copies of the Coastal Contractors of the Outer Bank's Individual Permit application materials that was submitted to the U.S. Army Corps of Engineers, and a check with a total of $200.00 as a required project fee. Please do not hesitate to contact the office if further information is needed. Sincerely, Elena E. Trapani 6 2MQ GRol' 00iII DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 20001418 DD 1?1 D\\,\ January 27, 2000 PUBLIC NOTICE Ms. Elena Trapani of Mitchell and Associates, Inc., 113 West Third Street, Greenville, North Carolina, 27858, acting as agent for Coastal Contractors of the Outer Banks, Post Office Box 1119, Manteo, North Carolina, 27954, has applied for a Department of the Army (DA) permit TO PLACE EARTHEN FILL MATERIAL WITHIN 10,890 SQUARE FEET (0.25 AC) OF DA JURISDICTIONAL WETLANDS TO FACILITATE THE FURTHER OPERATION OF AN EXISTING SAND MINE. The proposed project area is located within an existing mining operation, on the west side of NC 345, approximately three miles south of the intersection of NC 345 and US 64/264, adjacent the Croatan Sound, Near Wanchese, Dare Co., North Carolina. The following description of the project site is taken from data provided by the applicant and from observations made during onsite inspections by representatives of the Corps of Engineers. The soils on the project site are mapped as Johns loamy sand, and Icaria loamy sand. The area of proposed impact is located within the boundary of an active, commercial sand mining operation. Prior to impacts associated with the mining operation, the dominant plant species on the site included Pinus taeda, Ilex oppaca, Persea borbonia, Quercus virginiana Myrica cerifera, and Smilax sp. The seasonal high water table is within 6 to 12 inches of the surface. All woody vegetation has been removed from the area of proposed impact and it is currently populated by early successional herbaceous species. Plans submitted with the application show that the applicant proposes to place clean, earthen fill material within two DA jurisdictional wetland pockets together totaling 10,890 square feet. Plans showing the work are included with this public notice. The applicant proposes onsite mitigation of all impacts to wetlands resulting from this proposed project. This proposed mitigation will be comprised of creation of 32,670 square feet (0.75 AC) of irregularly flooded high-marsh habitat. The proposed mitigation will take place within an existing non-wetland area located immediately adjacent and to the west of the existing mine site. -3- presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the. outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. M.e..,. Coastal Contractors of the Outer Banks' Mitigation Site t Iih 64 I m orth un Side i I,n w/ �Brf � 4 i t x -- z � tis �M fi gy M Mag 13.00 Fri May 14 16:57 1999 -` Scale 1:62,500 (at center) 1 Miles 2 KM Local Road Primary State Route c=== US Highway Major Connector State Route Point of Interest Q County Seat Roa o u turf and k y, H(Ese-Mand p' p 345 1 , �s oHeaddgi «� a" vRoanoke Island a `. 0r * r l+? T c a `a own land Whalebone I nd oJeanettes Pii 1 72) tF oTommy Hamn yy?E^9 i5i 3 3 t t•S?e y 0 U ?D ? o i cn w w CL O m a_ J J H X K CC ' j 'I i• 0 t z$ W ` WETLANDS LANE TABLE A102 TO A149 DIRECTION DISTANCE S63'29'43"W 27.20' 534'30'32"W 33.33" S50' 1 1'49"W 34.19' 550'23'49"W 37.64' 563'22'28"E 31.77' 538'59'44"E 48.06' S03'44'26"E 45.17' S4Z56'35"W 31.25' S54'37'44"W 32.40' 56709'26"W 24.90' 571'01' 16"W 27.14' N88'09'23"w 10.63' 508'34'28"W 30.50' S62'28'27"W 13.52' S62'54'1 8-W 44.67' S46'30'02"W 32.05' 544'08'26"W 38.04' N84'06'43"W 30.66' N50'00'46"W 32.62' N 16'1 8'22"E 34.00' N50'48'39"E 23.54' N 18'55' 12"W 28.17' N5741'58"E 41.00' N58'52'43"E 25.00' N08'30'38"E 39.75' N64'27'48"E 33.66' N35'32'56"E 50.22' N44'05'16"E 25.09' N46'34'55"W 13.40' N52'43'19"E 31.93' N13'16'19"W 26.51' N03'36'13"E 65.14' N5T06'26"W 30.59' N 14'48'05'"E 30.27' N 19'06'11 "E 23.86' N2713'21"'E 37.49' N04'57'09"E 12.44' N08'25'14"E 35.84' N34'02'08"E 23.46' N7 1'02"09"E 31.43' $6703'32"E 46.29' N78'49'38"E 22.76' N81' 13'09"E 34.80' N70'16'48"E 22.22' 554'40'57"E 29.93' N69'29'51"E 28.92' o: a WETLANDS LINE TABLE A57 TO A 102 DIRECTION DISTANCE N34'39'26"W 25.92' N0W16'40"W 37.52' N51'07'43"E 5.80' NOW 14'16" E 32.90' N40'03'44"W 32.53' N46'38'56"W 31.04' N33'34'53"W 28.22' N09'29'01 "E 27.01' N28'49'28"W 33.20' N76'57'30"W 24.32' 1 N41'04'21"W 37.89 N64'07'28"W 23.63 S71'59'32"W 34.48' ' N2710'36"W 40.52 N0TOWOS"E 33.51 N0720'25"E 30.50' N45'36'03"E 38.29' N23'46'23"E 21.48' N40'47'23"W 26.63' N41'04'44"E 35.63' N65'22'32"E 35.22' N4723'1 1"E 40.87' N1 445'33"E 35.16' N6710'02"E 33.47' N3Z37'53"E 26.08' S69'55'00"E 36.61' N35'33'24"E 9.46' N64'12'11"E 26.22' N2712'38"E 38.84' N1 1'07'28"E 36.06' N40'1 7'06"E 38.08' N0751'51"E 35.70' N0746'57"E 30.25' N08'19'38"E 20.89" N1737'35"E 36.60' N3731 "25"W 24.54' N56'53'56"W 44.57' N15'49'22"E 29.77' N16'20'S6"W 22.10' N31*30'1 4-W 28.54" N3S39'14"W 17.62' NO(701'58"W 33.15' N68'15'31"W 22.69' WETLANDS LINE TABLE A149 TO A 169A DIRECTION DISTANCE S6728'34"W 35.18" S54'46'32"W 13.63' S29'07'40"E 20.23' NO1'43'42"W 25.70' N 162 I'25"W 27.09' N34'06'38"W 20.33' N30154'31" E 54.67' N3755'37"E 24.20 N45'12'35"E 31.48' N33'57'45"E 35.87' N36'29'20"E ., 9.8t' N4731'33"E 38.93' N31'20'55"E 36.32' N56'50'24"E 26.92' N36'21'42"E 17.56' N48'50'04"E 38.49' N 16'09'09"E 20.33' N43'27'48"E 39.00' N34'31'53"E 26.71' N64'42'34"E 23.24' N5730'33"W 7.81'. N8730'24"E 28.71' N03'35'41"W 38.38' N59'26'27"E 7.14' N59'26'27"E 8.79' R ANOKE ISLAND 0 1. yg t ? . f z 3 s :szE, i w o S" 0 ? L OCATION MAP r io AL WETLANDS LINE TABLE AOIA TO A26 DIRECTION DISTANCE S73'37'21 -W 39.34' S34'34"28"W 19.05' S26'27'17"W 21.35' 56728'34"W 35.18' 554'46'32"W 13.63' 1698 S29'07'40'"E 20.23' S2VlO'58"W 42.25' S3wl1113"W 46.94' WETLANDS S46'D9'03"W 38.76' Y ?7 8 e- 517'21'48"W " 35.65' - 1 538'31'02 W 34.86 /0 MaLie S19'26'07"E ' ' " 25.50' ' S1 4 42 W 28 37.78 01y\ S39'45'19"W 33.18' 521'23'03"W 25.46' 149 S18'10'57"W 50.04' 81 A 508' 17'05"E 15.99' S49'23'07"E 33.49' A102 WERANDS LM TAELE rr. •EANwo OMN CE 521'32'20"w 11.59' A152-N1 Su DEG. E 200.r S45'43'40"W 23.77' UPLANDS N140 W40 WS DEG. E NuDEG' w 24.4' 22.7 $34'14'59"W 33.54' N2dN Mn DEG. E 32.1' SOO'59'08"E 45.40' N411S Nsw S72 DEG. E $I• DEG. E 45.r 21.7 S4705'04"E 22.79' y„ NSN7 548 DEG. W 23.0' 52746' 15"W 22.61' Y N7-m M M 547 DEG. W S12 DEG. E 21.7 GO 509'21'42"E 35.22' N"lo KID DEG. E u.r S43'30'49"E 35.85' ' NIW I NII-N12 Sts DEG. W S/• DEG. W 14.0' 20.0' A26 TO A57 N12-H13 SM 0EG-w 7.7 N89'26'26"W 31.44' 5 MINIM N14N15 NO DEG. W NI• DEG. w 17.r 15.7 S82 23'21 "W 18.79 Ni"If MO DEG. W u.r N25' 16'05"W 32.15' M"I MIDEG.W 22.r N29'03'1 6"W 21.42' UPLANDS WETLANDS LINE TABLE N15'38'05"W 31.39' 801 TO 806 558'21' 1 1 "'W 30.98' DIRECTION DISTANCE N66'42'43"W 30.83' ' N4710'22"W 35.51' 575'09'31"W 41.54 4 s N61'42'00"W 23.06' S 18 23'26"W 35.19' S14'12'34"W 22.94' 504'53'02"W ' " ' 32.39' ' ? 51741'05"E 22.24' SOO 01 03 E 22.84 1 1 ' Y 503'50'44"W 24.24' S1 T24'44"W 36.87' 806 TO 811 519'48119"W 28.78' "`A57 S08'41'12 "E 23.67' S56'50'23"W ' " 25.02' ' 536'22'04"E 18.53' W S38'00 09 38.66 S43'32'07"E 15.85' 503'17'56"E 15.47' 580'49'43"E 20.17' 513'58'22"E 25.20' N8759'19"E 15.81' S14'30'02"W 27.89' 811 TO 801 50235'15"W 34.64' N20'1 5'38"E 22.15' S16'49'29"W 22.09' N28'44'38"W 3.87' S79'49'36"W 35.78' N04'19'22"W 37.61' S55'52'31"W 17.84' N38'21'44"W 27.94' S33' 16' 13"W 36.94' S3754'22"E 20.66' S40'51'31"E 38.12' S07' 16'35"W 39.52' 525'42'23"W 34.61' 531'54'25"W 67.52' • m Ss o •o• t1>• S34 45 02 W 32.71 S68'13'20"W 39.93' CIREEN ENOMEERINQ WAS WASTEWATM BAVVEYPA PLMMNd4 MON-= MAKAGE MT soy N. OCLOIDOM fr. Fa 9= 6M 1MLWK N= s7?oo Ts Coop f!} MM SAX Cosa A-M-74 a APRL 1998 WETLANDS DEUNEATION REX TILLET PROPERTIES Mitchell ENVIRONM N 113 West 3rd St. • Green ' N 3975 Market St. Bldg. D Suite A • January 31, 2000 Mr. Tom Walker District Engineer U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Walker: Aciates, Inc. L NSULTANTS 5 2.4077 0 Fax: 252.752.7380 . 22884419 910.254.0602 0 Fax: 910.254.0603 C rT1 K_ M The purpose of this letter is for Mitchell & Associates, Inc., representing Coastal Contractor's of the Outer Banks, to submit an Individual Permit application for the placement of fill material within approximately 0.25 acre of Section 404 Department of the Army wetlands. The subject property is located off the west side of NC 345, approximately three (3) miles south of the intersection of NC 345 and US 264/64, adjacent to Croatan Sound, near Wanchese, in Dare County, North Carolina (Map 1 of 3). The purpose of the filling of approximately 0.25 acre of jurisdictional wetlands is to facilitate an existing sand mining operation. The applicant considered alternatives to the placement of fill material within wetlands. However, the proposed plan is the only viable alternative. A valid mining permit for this area exists on record (Permit # 28-20). The alternatives are listed as follows: 1) The first option was to take no action and leave the pockets untouched. This alternative was both economically unfeasible and impractical particularly since it would call for soil removal from the site and soil storage off-site. Adequate space is required for an efficient mining operation. 2) The use of other upland areas on-site was another option under consideration. Due to the configuration of the property and approved mining plan, placement of material on the upland peninsula is not feasible or practical and would disturb more wetlands than would be impacted under the proposed action. This option would also create sedimentation and erosion into wetlands producing further violations. 3) The final alternative considered was the removal and placement (including storage) of material on an off-site location. This would make the project economically unfeasible and impractical and most likely produce impacts to other jurisdictional areas due to the limited locations where such materials could be stored. In addition, sediment removal from a mining site for storage purposes also requires a permit for sediment and erosion control. The current plan, although impacting small isolated wetland pockets, is more than compensated for with the mitigation marsh creation site. The mining site was designed to avoid and minimize potential adverse effects to adjacent wetlands, and additional measures will be undertaken to ensure that the work will be conducted in strict accordance with all Individual Permit conditions. By copy of this correspondence and completed application, I am requesting Department of the Army concurrence with this Individual Permit request and anticipate your response. Please contact me at your convenience should you have any questions regarding this matter. Thank you for your time and prompt attention to this request. Sincerely, f4ie- - Elena E. Trapani tlo? cc: Coastal Contractor's of the Outer Banks Post Office Box 1119 Manteo, North Carolina 27954 APPLICATION FOR DEPARTMENT.OF..THE ARMY.PERMIT.... ....... OMB APPROVAL NO. 0710-003 (33 CFR 325) Explres October 1996 Public reporting burden for this collection of information Is estimated to average 5 hours per response, Including the time or reviewing instructions, searching the existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of this collection of Information, Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budg9et, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. .Compietod.sppucation must be submitted to the District Engineer jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Pu These laws require permits authorizing activities in, or affecting navigable waters of the United States, the discharge of drs' ljed or fill material Into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Users: Information provided on this forth will be used in evaluating the for a permit. Disclosure: Disclosure of required Information is voluntary, If information is not provided, however, the permit application cannot be processed nor can a permit be Issued. ..r , One set of original drawings or good reproducible copies which show be location- and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted.to th* Distrkt Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. ' APPLICATION NO. 2. FIELD OFFICE CODE _3. DATE RECE111E.0 .. I 4. DATE 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) Coastal Contractor's of the Outer - WITCHELL'' &,-ASSOCIATES, INC. 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS Post Office Box 1119 North Carolina 27954 Manteo 113 WEST 3RD STREET , GREENV.ILLE, N.C. 27838 WIAREA CODE APPLICANT'S PHONE NOS 7 LA? 09, WIARFA CODE , . a. Residence See Agent a. Residence 252.752.4077 b. Business See Agent b. Business 252.752.4077 11 STATEMENTUP AIJIM(]RI -- I hereby authorize to act In my behalf as my agent In the processing of this application and furnish, upon request, supplemental Information in support o this peat application. SEE ATTACHED LETTER OF APPLICANTS SIGNATURE DATE NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (sea lnatruc6=) Sand Mine 13. NAME OF WATERBODY, IF KNOWN (Nappllca6N) I 14. PROJECT STREW N/A NSA. ;> 15. LOCATION OF PROJECT Dare N. C. COUNTY STATE . ±,:. 16.OTHER LOCATION DESCRIPTIONS, IF KNOWN (sN lnsfrucNons)' r; v :., ,,,, , t>.,u . ; West of NC 345, approximately three (3) miles south of JCT 34b-and 264/64, near the town of Wanchese, Roanoke Island, Dare County>:11N9;0 Carolina. „ 17. DIRECTIONS TO SITE The site is located off the west side of NC 345, approximately three (3) miles south of the intersection of NC 345 and 264/64`sd apont:;to thi Croatan Sound. ENO FORM 4345, Feb 94 EDITION OF SEP.91.13 OBSOLETE (Proponent: CECW-0R) Mitchell JINVIRONM "'N 1.t3 wart 3rd Sc • bi 3973 Hart; t 9c Bldg. D Sut?c A !, ?Lz. _.. January 4, 204 10 Coastal Co=i tor's of the Outer Banks am: Lee Tugs rcll, Rex TWet Post Office Box 1119. Mutteo, North Carolina a-+9 5 Asaficiates, Inc. NSULTANTS ?2.4077 0 Fax. 2S2.752.73a0 0 910.364,0602 0 Paxi 910464.0603 1, L'E 'E r- %..,e L L acting in my official capacity for Coastal Conaactor's c•f the Outer Banks do hereby authorize Mitchell and Associates, Ino., to act &3 my agent on the property located west of NC 345, approximately three (3) miles South of JCT 345 and 264/64, o,t Roanoke bland. to Dare County, North Cuolina. .?.. 72?;? Si Date p01 v Dock oWeir Point a un Site ?? r1 A C ^. 1 Mag 13 OC T.,e Dec 14 13 44 1999 , Scale 1 62 500 (at center) ) Miles 2 KM Local Road US Highway 1}' Major Connecto r "S 1 State Route ?I Point of Interest _ County Seat Small Town Airfield At Summit v }< Geographic Feature y , ?1. )ZV 4' y ?1 :)r. o^•!c Strcct Atlas U SA Vicinity Map of Site Basin Y Point SITE v% t t58 c ? e?p1M?F r . r a•. tl 6. kr '.1 Nags He. • .Little ? ti 3a s Po Rt; - Big Perl_- n 4 N w• ri x 64, t 1_, and Island 0 ourE3r(d oGrun Island House Islano HIsland Be Roanoke Sound Channel YV ?y br-Fm Roanoke Sc:. 1. Jfi >>!;y _,Broad Cree Nn ill Landing General Location Map Dare County, North Carolina Oyseer Creek y Coastal Contractor's of the flog Island Outer Banks Lat: N 35 deg. 52' S1" Long. M 5 odeg. f 339 13 Smith Island a WETLANDS LINE TABLE A102 TO A149 DiREC710N DISTANCE 563'29'43"W 27.20' 534'30'32"W 33.33' 55011'49"W 34.19' S5023'49"W 37.64' 563'22'28"E 31.77' S-W59'44"E 46.06' 503'44'26"E 45.17' 54756'35"W 31.25' $54'37'44"W 32.40' 56209'26"W 24.90' 571'01'16"W 27,14' NW09'23"W 10.03' SW34'28"W 30,50' 56728'27"W 13.52' 562'54'18"W 44.67' 546'30'02"W 32.05' 544'08'26"W 38.04' N84'06'43"W 30.66' N50'00'46"W 32.62' N 16' 18'22"E 34.00' 15048'39E 23,54' N 18.55' 12"w 28.17' N57' 41'56"E 41.00' 145-8'52'43"E 25.00' 1408'30'38"E 39.75' N04'27'46"E 33.66' N35'32'56"E 50.22' N44'05'16"E 25,09' N46'34'55"w 13.40' N52'43'19"E 31.93' N 13.16'19"w 26.6 I' N03'36'1 3"E 65.14' N52'06'26"W 30.59' NI4'48'05"E 30.27' Q N 19'06' 1 I "E 23.86' 1 N2713'21"E 37.49' 1404'57'09"E 12.44' N08'25'14E 35.84' N34'02'08E 23,46' N71'02'09E 31.43' 0 56203'32"E 46.29' N76'49'36"E 22.76' N8 r 13'09"E 34,80' 147016'48"E 22.22' 554'40'57"C 29.93' N69'29'5I"E 28.92' 6 a 3 0 f rn V WETLANDS LINE TABLE A57 TO A102 DIRECTION DISTANCE N34'39'26"W 25.92' NOT 16'40"W 37.52' N51'07'43"E 5.80' NO 14' 1 CE 32.90' N4V03'44"W 32.53' N46138'56"W 31.04' N33'34'53"W 28.22' NO9'29'01"E 27.01' N28'49'28"W 33.20' N78'57'30"W 24.32' N41'04'21"W 37.89' N54'07'26"W 23.63 571'59'32"W 34.48' N2T10'36"W 40.52 N05'06'05"E 33.51' NOT2O'25"E 30.50' N45'38'03"E 38.29' N23'46'23"E 21.48' N4047'23"W 26.63' N4 1'04'44"E 35.63' N65'22'32"E 35.22' N47'23'1 1"E 40.87' NI4'45'33"E 35.16' N6710'02"E 33.47' N3r37'53"E 26.08' $69'55'00"E 36.51' N35'33'24"E 9.46' N64'12'11"E 26.22' N2r 12'38"E 38.84' NI 1'07'28"E 36.06' N40' 17'06"E 38.08' N0751'51"E 35.70' N09'46'57"E 30,25' N08' 19'38"E 20.89' NIr37'35"E 36.60' N3T3l'25"W 24.54' N56'53'56"W 44.57' N15*49'22"E 29.77' N16'20'56"W 22.10' N31'30'14'*W 28.54' 1433'39'14"W 17.62' NOO'Oi'58"W 33.15' NW15'31"W 22.69' WETLANDS UNE TABLE A149 TO A 169A DIRECTION. DISTANCE S6T28'34"W 35.18' S54'46'32"W 13.63' S29'07'4o"E 20.23' NO1'43'42"W 25.70 N1T21'25"W 27m" N34'06'38"W 20.33' N3054'31 "E 54,67' N3755'37"E 24.20 N45! 12'35"E : 31.48' N33'57'45"E 35.87' N38'29'20"E P.81' N4T3l'33"E 38.93' N31'20'55"E 38.32' N56'50'24"E 26.92' N36'2 1'42"E 17.56' N48'50'04"E 38.49' N 16'09'09"E 20.33' N43'27'48"E 39.00 N34.31'53"E 201' N64'42'34"E 23.24' N5730'331W 7.61'. N8T30'24"E 28.71' N03'35'41"W 36.38' N59'26'27"E 7.14' N59'26'27"E 8.79' N 319- LOCA'110N 1dAP NO SCa1.L WETLANDS LINE TABLE ACIA TO A,25 DIRECTION DISTANCE S73'37'21"W 39.34' 534'34'18"W 19.05' $26'27'17"W 21.35' $6728'34"W 35.18' S54'46'32"W 13.63' 1 98 529'07'40"E 20.23' S2B 10'58"w 42.25' S38'11,Irw 46.94' WETLANDS S46'O9'031W 38.76' S17'21'48"W 35.65' 538 31'02"W 34.86' ,? 519'26'07"E 25.50' S14'42'28"W 37.75' 1 % S39' 45'19 "W 33.18' $21'23'03"W 25.46' 49 S18'10'57"W 50.04' 81 A 508' 17'05"E 15.99' 549'23'07"E 33.49' rt. w?t?v+o ?LAxwo APA40 Nt ausrANCt S21'32'20"W 11.59' Alarm aNOea! Mr S45'43'40"W 23.77' Nw0 W u.4• 534.14'59"W 33.54' UPLANDS 14740 Nu NNOteDao.1 1n.r Dao. NN4 Nrr.I M' $00'59'08"E 45.40' 141-rl/ :III, ON 1 4/.r $4205'04"E 22.79' NN4 Dao.! rt.r Nwa soON.w 33.9 S2T46'15"W 22.61 N044 $47 04e. W 71.1 NN4 $13044.11 4.r W9'21'42"E 35.22' un11u We 040.9 13.r S43'30'49"E 35.85' M10r111 41/DIG. W 14,r A26 TO AS7 N114i17 S" Dle. W 30.r WIP413 au04e.w r.r N89'26'26"W 31.44' 6 wlsNU wr D•o. w u.r S8723-2I "W 18.79' NI4-NI/ 101 044. 11.7 NIt.NU NN 030. wW Ir.r 1425' 16'03"W 32. 15' NINA NN Deam 33.r UPLANDS WETLANDS UNIE TABLE 801 TO 806 DIRECTION DISTANCE N4r10'22'V 35.51' 1461'42'00"W 2106' 514'12'34"W 22.94' 31741'05% kj 22.24' 503'50'441"W 24.24' 806 TO 811 SOS41'12"E 23.67' S36'22'04"E 18.53' 343'32'07"E 15.85' S80'49'43"E 20.17' N8r59'19"E 15.81' 811 TO 801 N20115'38"E 22.15' N26'44'38'V 3.87' 140,09'22"W 37.61' N38'2 1'44"W 27.94' N29 93 16 W 21.42 N1 5,38,0"W 31.39' SW21'II"W 30.98 N8642'43"W 90.83' S75'09'31 "W 41.54' 518'23'26"W 35.19' 504'53'02"W 32.39' SOO'OJ'01 "E 22.84' S17* 24'44"W 36.87' S19'48' 19"W 28.78' S5650'23"W 25.02' S-WO0'09"W 38.66' 503'17'56"E 15.47' SIJ58'22"E 25.20' 514'30'02"W 27.89' 502135'15"W 34.64' 516'49'29"W 22.09' S79'49'36"W 35.78' S55'52'31 -W 17.84' S3T 18' 13"W 36.94' S3T54'22"E 20.66' 540'51'31"E 38.12' SOT 18'3511W 39.52' S25'42'23"W 34.61' 531'54'25"W 67.52' • r w ar w Iw S34 45 02 W 32.71 S68' 13'20"W 39.93' GREEN ENGINEERING WATB? WAffre"TEK B n&-fT4Q PLAA44q PRO.JEar MAlA413BdT 403 K OOLD6901 0 ST. PAM DOX OM W1.O011, K+0.>V8W TEL OM 297-4300 MAX OW 146-74w APRL 1998 WETLANDS DEUNEATION Dare County, North Carolina Coastal Contractor's of the Outer Banks Lat: N 35 deg. 52' 51" Long: W 75 deg. 39' 13" N56'50'24"E 26.92' .4 67' N36'2 1'42"E 17.56' 2 05' N48'50'04"E 38.49' 8 04' N 16'09'09"E 20.33' 0 66' N43'27'48"E 39.00' 2 62 N34'3 1'53"E 26.71' 4 00' N64'42'34"E 23.24' 3 54' N5-r30'33"W 7.81' . 8 17 N87*30'24"E 28.71' 00' N03'35'41 "W 38.38' 5 00 N59'26'27"E 7.14' 9 75' N59'26'27"E 8.79' 3 66' r 0 22' WETLANDS UNE TABLE ivy 5 09' A57 TO A102 A 3 4.0' DIRECTION DISTANCE s fs, N,? ; g;rf ' 93' N34' 39 26"W 25.92 r- 5 1 ' NOT 16'40"W 37.52' ;?tN'rft'Nay?''s'^? s 5 14' N51'07'43"E 5.80' A f? 0 59' N09' 14'1 VE 32.90' .?.? 0 27' N40'03'44"W 32.53' lt" 3 86' N46'38'56"W 31.04' N*? Al Lf 49' N33'34'53"W 28.22; 2 44' N09'29'01 "E 27.01 ' w , 5 84' N28'49'28"W 33.20 a?f•cw ti 46' N76'57'30' W 24.32 43' N41'04'21"w 37.89' j F 29' N64'07'28"W 23.63'1 .f'A C 76* S 71 ' 59'3 2 "W 34.48',;fs 4 80' N27" 10'36"W 40.52°?' £?".,+w"„ )?)My w' Kw ~ {sy 2 22' N05'06'05"E 33.51 9 93' N0720'25"E 30.50' 4y%f?t G 92' N45'36'03"E 38.29 WS, N23'46'23"E 2148 UPLANDS N40* 47'23"W 26.63 N41'04'44"E 35.63' w;s,'7f?y N65'22'32"E 35.22 'w N47*23'11"E 40.87 N14'45'33"E 35.16' yy's°O`ti ?`ati N6T 10'02"E 33.47' N32'37'53"E 26.08' 569'55'00"E 36.61' N35'33'24"E 9.46'tikw."l1y"YJ" N64'1 2'1 1 "E 26.22' 7 N22' 12'38"E 38.84' N1 1-07'28"E 36.06' N40' 17'06"E 38.08' NOT51'51 "E 35.70' N09'46'57"E 30.25' NOT 19'38"E 20.89' N1 737'35"E 36.60' N37 31'25"W 24.54' N56'53'56"w 44.57' N 1 5'49'22"E 29.77' N16'20'56"W 22.10' N31'30' 1 4"W 28.54' - N33' 39' 14"W 17.62' N00'01'58"W 33.15' N68' 15'31 "W 22.69' 101 149 81 N - Line ; UPLANDS ' FILLED WETLANDS A WETLANDS LINE TABLE FT. BEARING DISTANCE A153-N1 S44 DEG. E 200 7' N1-N2 N48 DEG. E 24.4' N2-N3 N14 DEG. W 22.7 N3_44 N72 DEG. E 32 1' N4-N6 S72 DEG. E 45.7 N5-N6 S16 DEG. E 21.3' NM7 S48 DEG. W 23.0 N7-N6 S47 DEG. W 21 7 N8-N8 S12 DEG. E 6.0 NS-N10 MO DEG. E 0.6' N10-N11 Sts DEG. W 14.0' N11-N12 S46 DEG W 20.0 N12-N13 S38 DEG W 7 3' N13-N14 N47 DEG W 17.7 N14-N15 N28 DEG. W 15,3' N15-N16 N40 DEG W 17 6' NI&N1 N38 DEG W 32,7' WETLANDS LINE TABLE B01 TO B06 DIRECTION DISTANCE N4T10'22"W 35.51' N61'42'00"W 23.06' S14' 12'34"W 22.94' S1T41'05"E 22.24' S03'50'44"W 24.24' B06 TO B11 S08'41"2"E 23.67' S36'22'04"E 18.53' S43'32'07"E 15.85' S80'49'43"E 20.17' N8T59'19"E 15.81' B11 TO B01 N20'1 5'38"E 22.15' N26'44'38"W 3.87' N04'19'22"W : 37.61' N38'2 1'44"W 27.94' Filled Wetlands Dare County, North Carolina Coastal Contractor's of the Outer Banks Lat: N 35 deg. 52' 51" Long: W 75 deg. 39' 13" Map 3 of 3 r DIRECT S73'37 534'34 526'27 S6T2E S54' 4f 529'0% S28' 1 C S38' 1 1 S46'0S S1T21 S38' 31 S19'2f 514'44 539'4`. S21'2' S18'1C S08,1_1 S49' 2: S21'3: S45'4` S34.1 S00' 5S S47'0` S274( S09'21 543'3( N89' 2E S82'2' N25'1 E N29'0,' to III' 3F 55F21 N66,4,5 7 5'0,5 5152' S04'52 S00'0' S 17'24 S 19'4E S56'5C S38'OC SO3' 1 7 513'5E 514'3C 5023`_ 516'45 S79'45 S 55' 5'4 S33' 1 E S37'54 S40151 S07'1E S25'4: S31'54 534'4° 568' 1 2 Mitchell ENVIRONM N 113 West 3rd St. • Green I N 3975 Market St. Bldg. D Suite A • nw Ash crates, Inc. L:C'`NSULTANTS 858 T'f 25 2.4077 0 Fax: 252.752.7380 C. 284 •910.254.0602 0 Fax: 910.254.0603 Mitigation at the Coastal Contractors of the Outer Bank's Sand Mine Site West and Adjacent to NC 345 at Approximately N 35°52'51" and W 75°39'13 Prepared By: James H. Taylor, M.S. and Elena E. Trapani, M.S. Mitchell & Associates, Inc. 113 West Third Street Greenville, North Carolina 27858 252.752.4077 252.752.7380 (fax) jtaylorna,,mitchell-associates.org David Knowles, M.S. East Carolina University Howell Science Complex Department of Biology BS-405 Greenville, North Carolina 27858 252.328.1851 1.00 Introduction and Overview Mitigation banking, the process by which land is restored, enhanced, or preserved in perpetuity and then used in offsetting environmental impacts, is becoming a common practice since mitigation is required by federal and state agencies for impacts to Waters of the United States and Waters of the State (of North Carolina). This process is accepted by regulatory agencies as a feasible method to compensate for unavoidable environmental losses as addressed in a Memorandum of Agreement ("MOA") regarding Section 404 of the Clean Water Act. The primary goal of this mitigation plan is to offset impacts to two wetland pockets located on-site (Figure 1). Coastal Contractors has begun the process of creating wetlands in an upland on-site area on an approximately 13 acre site on Roanoke Island, in Dare County, North Carolina. Mitchell & Associates, Inc., has been retained by Coastal Contractors of the Outer Banks to conduct the necessary field work and site modifications needed to prepare a wetland mitigation plan that satisfies the three mandatory criteria for wetland status as identified in the United States Army Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1). 2.00 Site Description The mitigation site is located on Roanoke Island, west and adjacent to NC 345, south of Manteo and north of Wanchese, in Dare County, North Carolina (Figure 2). The site is located on eastern Roanoke Island facing Croatan Sound at approximately N 35°52'51" and W 75°39'13". The water level in the adjacent marsh is controlled by wind direction, duration, and velocity. Although there are no on-site specific hydrologic records, inundation by estuarine waters might occur during SW and NW wind events. Marsh drawdowns may occur during SE and NE events. Salinity probably ranges between 5 and 15 ppt with lowest concentrations in the spring and highest concentrations during the fall. Inundation by freshwater may occur during heavy rainfall events. The central portion of the tract is an open-water sand borrow pit and sand mine operation. Surrounding this central area is a wooded sand upland with a fringe of scrub-shrub dominated wetland interfacing with coastal marsh. The area closest to NC 345 is wooded with mature pines and a sparse shrub understory. The remaining portion, closer to the Sound, consists of a scrub-shrub understory with occasional mature pine species. 2.10 Mitigation Site Description The area designated for the proposed marsh creation site is occupied by a scrub-shrub community. The wetland fringe bordering the marsh contains hydric sands with a thin layer of organic material on the surface. Upland and wetland plant species are present in this transitional fringe zone. Closer to the marsh, the soil is darker, more organic, and dominated by freshwater and brackish wetland plant species. A water-filled borrow pit abuts the creation site at its eastern edge. Site elevation has been measured in relation to the surrounding marsh to determine the amount of soil needing removal to lower the soil surface to that of the adjacent marsh (Figure 3). 2.20 Soil Description The upland areas are comprised of Johns loamy sand (Aquic Hapludults). According to the Soil Survey of Dare County, these soils are nearly level, moderately well drained to somewhat poorly drained, and can be found on low, smooth ridges on Roanoke Island. Generally covered with 3 inches of decomposing litter, the surface layer is a dark gray loamy type soil, and about 4 inches thick. The subsurface layer is a 4 inch thick gray loamy sand. Permeability is moderate to rapid and the soil is strongly acidic. The wetlands contain two soil series roughly delineated by ecosystem type. The marsh is primarily comprised of a Hobonny muck (Typic Cedisaprists). According to the Soil Survey of Dare County, these soils are nearly level, very poorly drained, and typically occur in marshes on Roanoke Island. Generally, the surface layer is a very dark grayish brown muck roughly 16 inches thick turning into a very dark grayish brown to dark gray muck at a depth of 72 inches. Permeability is moderate and the soil is acidic. The seasonal high water table is generally at or slightly above the surface, and the soil is frequently flooded for long periods. The fringe wetlands (scrub-shrub dominated) and the depressional wetlands contain Icaria loamy fine sands (Typic Umbraquults). According to the Soil Survey of Dare County, these soils are nearly level, very poorly drained and are commonly found on flats as well as in depressions on Roanoke Island. Generally covered with 3 inches of decomposing litter, the surface layer is a black loamy fine sand about 12 inches thick tuning into a dark brown and dark reddish brown sand at a depth of approximately 72 inches. Permeability is moderate and the soil is strongly acidic. The seasonal high water table is generally at or near the surface and is subject to rare flooding by strong wind driven tides and by hurricanes. 2.30 Existing Vegetation The upland area is vegetated with loblolly pine (Pinus taeda), red bay (Persea borbonia), live oak (Quercus virginiana), wax myrtle (Myrica cerifera), yaupon (ilex vomitoria), groundsel-tree (Baccharis halmifolia), broom sedge (Andropogon virginicus), bracken fern (Pteridium aquilinum), saw briar (Smilax bona-nox), grape species (Vitis spp), and yellow jasmine (Gelsemium sempervirens). The freshwater wetland fringe and depressional areas are comprised of loblolly pine (Pinus taeda), black gum (Nyssa sylvatica), sweet gum (Liquidambar styraciua), red maple (Acer rubrum), bushy blue stem (Scirpus spp), cinnamon fern (Osmunda cinnamomea), soft rush (Juncus effusus), and laurel-leaf cat briar (Smilax laurifolia). The adjacent brackish marsh is vegetated with red bay (Persea borbonia), wax myrtle (Myrica cerifera), giant cane (Arundinaria gigantea), groundsel bush (Bacharris halmifolia), salt marsh hay (Spartina patens), smooth cordgrass (Spartina alterniflora), and black needlerush (Juncus roemerianus). The adjacent brackish marsh also contains a reed species (Phragmities australis). 2 3.00 Creation and Enhancement The marsh creation and enhancement project will entail five phases: (1) site survey and planning; (2) site preparation (excavation and leveling); (3) establishment of vegetation (obtaining and transplanting plant propagules); (4) establishment of waterway connection(s); and (5) site monitoring and remediation. 3.10 Site Survey and Planning Green Engineering provided the original wetland survey illustrating the extent of the wetlands found on the property prior to any activity occurring with the sand mine's excavation (Figure 1). Furthermore, Green Engineering measured the topography of the mitigation site prior to any activity (Figure 3), and placed the two wetland pockets shown on Figure 1. The site survey was reviewed to determine how much upland area remained on the site's peninsula and to determine the extent of the impacts on-site. After review, the remaining upland located on the peninsula was determined to be 31,432 square feet (approximately 0.75 acres). The mitigation site, located on the peninsula, will be converted to a marsh ecosystem. Fringe wetlands surrounding the mitigation site will be enhanced by the planting of wax myrtle (Myrica cerifera). In addition, the access road to the mitigation site will be re-seeded and also planted with wax myrtle (Myrica cerifera). 3.20 Site Preparation The mitigation site has been excavated and leveled to marsh elevation. The excavated soil has been removed from the mitigation site. The remaining tree stumps and felled trees, located between the pit and the mitigation site, will be burned when the County issues a burning permit. The bottom of the excavated area has been contoured to approximately a gently rolling but nearly level surface. A structure resembling a berm, and what remains of the uplands and transition zone, will separate the mitigation site from the adjacent marsh and estuary. The berm will be breached to allow any precipitation drainage from the mitigation site. This breach will be approximately 10 ft by 20 ft, however, definitive numbers will be supplied after the surveying is completed. A reference site has been identified in the adjacent marsh and will serve as a target for the percent cover and hydrology of the mitigation site (Figure 4). Although we do not expect the vegetation, hydrology, or salinity to be the same in the mitigation site as in the reference site, the reference site nonetheless will provide adequate target data applicable to the mitigation site. 3.30 Establishment of Vegetation The marsh creation mitigation site will contain vegetation that is characteristic of brackish marsh communities. Brackish marshes in this region are typically dominated by black needlerush (Juncus roemerianus). Co- dominant and/or subdominant plant species include: salt grass (Distichlis spicata), salt marsh hay (Spartina patens), switch grass (Panicum virgatum), spike sedge (Fimbristylis spp.), big cordgrass (Spartina cynosuroides), and saw grass (Cladium spp., also known as Cladium jamaicense). All of these species are 3 rhizotomaceous, meaning they have the capacity of vegetative propagation via underground stolons and tillers. Some species, notably, D. spicata and S. patens, are capable of rapid colonization via aboveground runners. Under appropriate conditions, seeds of J. roemerianus, as well as other common marsh species, may germinate which could result in further seedling establishment. The plugs used to vegetate the creation site are approximately 6" in diameter and will be excavated to a depth of approximately 8 to 10 inches, thus inclusive of the majority of the active root zone. The plugs will all be planted on 3-foot centers. Plugs are dominated by J. roemerianus, D. spicata, and S. patens. Marsh sediments from the surface of the plug contain a buried seed bank and should contribute to the colonization of the mitigation site. Myrica cerifera, Baccharis halmifolia, and/or other species typically found at the periphery of brackish marsh systems will be planted at the periphery of the mitigation site. Along the upland border of the mitigation site, shrub and tree species that are characteristics of the area will be planted. These upland border species will include, at a minimum, wax myrtle (Myrica cerifera), and may also include yaupon (Ilex vomitoria), red bay (Persia borbonia), live oak (Quercus virginiana), and pond pine (Pinus serotina). Approximately 200 plugs of the target species have been transplanted to the mitigation site. 3.40 Establishment of Waterway Connections A waterway connection will be made adjacent to the Juncus roemerianus marsh in the north-northwest direction (map currently being produced). This connection is approximately 10 feet in width and 20 feet in length. Depending on the amount illustrated by the fmal topographic survey, another connection may be made if required to provide adequate water flow and drainage. This activity will occur after the marsh target species have been successfully planted. 3.50 Site Monitoring and Remediation Percent vegetation cover will be assessed on a monthly basis during the months of March through September and every other month from October through February. The vegetative cover will be measured using a meter square to determine the percent cover. The visual condition of the vegetation will be observed and comments will be made regarding any concerns found to exist at the site including conditions (or stresses) exhibited by the vegetation. In the event of high vegetative mortality, additional vegetative plugs will be transplanted to the mitigation site. The hydrology will be monitored at the mitigation site as well as the reference site to determine whether the hydrology appears similar comparatively between both sites. Marsh surface sediments will be monitored every six months to assess the accretion of organic material and fine sediments. A plant species of concern is the common reed (Phragmites australis). This is a naturalized non-native grass species frequently colonizing and dominating disturbed coastal marshes. Phragmites is considered a nuisance species. With frequent monitoring, colonization by Phragmites can be documented and will be removed. 4 Phragmites will be monitored four (4) times per year for a total of three (3) years following marsh creation. Beyond this time, ingrowth by target species and hydrological conditions should be sufficient to impede Phragmites ingrowth. All visible plants of this species will be physically removed. A written report will be submitted to the United States Army Corps of Engineers, Washington Regulatory Field Office, every 31 ' of November during the monitoring period. The report will contain all of the data obtained during the year. A final report will be submitted at the end of the monitoring period to summarize all results. 4.00 Success Criteria The mitigation will be considered a success if, at the end of a three-year monitoring period, the approximate 0.75 acre marsh creation site has an established eighty percent (80%) vegetation cover comprised of the target vegetation. 5 Coastal Contractors of the Outer Banks' Mitigation Site Ft aleigh'Nattorial?Historic Site t' North i Aqp 1Ro6n e l' la f? un Side o er. 't g v , ss e gi ij 'x t ,Nags He d stand Little Penguin Island Whalebone Sa jay in 31 ast,.Pon? ? Big Penguin I nd Jeanettes P.e a e0. Out s? z B reside e u r At. r Creek e4 Tw Basin 84 # ?r and Island Roa o du r ° ??3oc e Is a s+ oGrun Island r oHouse Island r Headquarters is ana BSdt 279 Roanoke Island 4?...,?Bells Island `? tq or w" . ? s + co tk, Roanoke.,SoVq, Cji;nnel 3rN WY % (? ? ? r) ? obr-Fm rr ?? ?,, 'RQano,`Sound t 1 ?? ? c ,- ?. oBroad Creek Point Torrom, ria,) n w A ?B u own Mag 13 00 Fri May 1a 16 57 1999 Scale t 62.500 (at center) Wa a es 1 Miles 2 KM Local Road ,. - Primary State Route 4 O US Highway Major Connector ?y II i State Route oOyler Greek Ho?Jsland Point of Interest llio County Seat 4z "' Srn( Island K r \; tl e " ?i? ?eLom,:e Street Atlas USA WETLANDS LINE TABLE AM TO A149 DIRECTION DISTANCE S63'29'43"W 27.20' S34'30'32"W 33.33' 55011 1'49"W 34.19' S50'23'49"W 37.64' SU22'28"E 31.77' 538'59'44"E 48.06' 503'44'26"E 45.17' 54756'35"W 31.25' S54'37'44"W 32.40' S67'09'26"w 24.90' S7 1'D 1' 16"W 27.14' N88'09'23"W 10.63' SW34'28"W 30.50' S6728'27"W 13.52' 56754' 18"W 44.67' 54630'02"W 32.05' 544'08'26"W 38.04' N84'06'43"W 30.66' N50'00'46"W 32.62' N16'18'22"E 34.00' N50'48'39"E 23.54' N 18'55' 12"W 28.17' N67'41'58"E 41.00' N58'52'43"E 25.00' N08'30'36"E 39.75' N64'27'48"E 33.66' N35'32'56"E 50.22' N4-4'05'1 CE 25.09' N46'34'55"w 13.40' N52'43'19"E 31.93' N 13' 16'1 9"W 26.51' N03'36'13"E 65.14' N52'06'26"W 30.59' NI4'48'05"E 30.27' N 19-06'1 1 "E 23.86' I N22'13'2I"E 37.49' N04'57'09"E 12.44' N08'25'1 4"E 35.84' N34'02'08E 23.46' N71'02'09E 31.43' o S67-03'32"E 46.29' i N76'49'38"E 22.76' NO I' 13'09"E 34.80' N70' 16'46"E 22.22' 554'40'57"E 29.93' N69'29'5 1"E 28.92' G V WETLANDS LINE TABLE A57 TO A102 DIRECTION DISTANCE N34'39'26"W 25.92' NWI5'40"W 37.52' N51'07'43"E 5.80' NOW 14'16" E 32.90' N40'03'44"W 32.53' N46'38'56"W 31.04' N33'34'53"W 28.22' N09'29'01 "E 27.01' N28'49'28"W 33.20' N76'57'30"W 24.32' N41'04'21"W 37.89' N64'07'28"W 23.63' $71'59'32"W 34.46' N2rlo'36"W 40.52 NOS'06'OS"E 33.51' N072O'25"E 30.50' N45'35'03"E 38.29' N23'46'23"E 21.48' N40'47'23"W 26.63' N41'04'44"E 35.63' N65'22'32"E 35.22' N4723'II"E 40.87' NI4'45'33"E 35.16' N6710'02"E 33.47' N32'37'53"E 26.08' S69'55'00"E 36.61 N35'33'24"E 9.46' N64'12'11"E 26.22' N2712'38"E 38.84' N1 1'07'28"E 36.06' N40.17'06"E 38.08' N0751'51"E 35.70' NO9'46'57"E 30.25' N08'19'38"E 20.89' N1737'35"E 36.60' N3731'25"W 24.54' N56'53'56"W 44.57' NI5'49'22"E 29.77' NIF20'56"W 22.10' N31'30'1411W 28.54' N33'39'1 4"W 17.62' N00'O1'58"W 33.15' N68'15'31"W 22.69' WETLANDS LINE TABLE A149 TO Ai 69A DIRECTION DISTANCE $67'28'34"W 35.18' S54'46'32"W 13.63' S29'07'40"E 20.23' NO1'43'42"W 25.70' N16'21'25"W 27.09' N34'06'38"W 20.33' N30154'3I"E 54'.67' N3755'37"E 24.20 N45' 12'35"E 31.48' N33'57'45"E 35.87' N36'29'20"E .44:81 N47303"E N31'20'55"E 38.93' 36.32' N56'50'24"E 26.92' N36'21'42"E 17.58' N48'50'04"E 38.49' N16'09'09"E 20.33' N43'27'48"E 39.00' N34'31'53"E 26.71' N64'42'34"E 2124' N573O'33"W 7.81'. N873O'24"E 28.71' N03'35'41"W N59'28'27"E 38.38' 7.14' N59'26'27"E 8.79' © 11 V01 D N M LOCATION I IdAP NO SOU WETLANDS LINE TABLE AOIA TO A26 DIRECTION DISTANCE S73'37'21"W 39.34' S34'34'28"W 19.05' 526'27'17"W 21.35' S67'28'34"W 35.18' S54'46'32"W 13.63' 1 98 S29'07'40"E 20.23' S28' 10'58"W 42.25' FiIled S38'II'l3"W 46.94' WETLANDS S46'09'03"W 38.76' S1721'48"W 35.65' S38'31'02"W 34.86' $19'26'07"E 25.50' % 514'42'28"W 37.78' 1 %IA\ S39'45'19"W 33.18' 521'23'03"W 25.46' S16'lO'57"W 50.04' 81 A $06'17'05"E 15.99' S49'23'07"E 33.49' V49T ANDS I.Wt TAM S2 1'32'20"W 1 1 59' 102 R• {unwo owANCt . Al"I 1141094 Mr S45'43'40"W 23.77' N14U UPLANDS N240 NO 0143. 1 Nu o10. w 24.4' j,r S34' 14'59"W 33.54' N34N W3 D10. I 22.1' $00'59'08"E 45.40' N" NMI{ t» 010. t 314 010. t "" Mr 547'05'04"E 22.79' 14111,411 iH0143.w Ur S2746'15"W 61' 22 W40 ul 0t0. w MY ' ' " . 3 ' N&M 1113010.9 111.r 21 42 S09 E 5.22 N"lo N2o010.9 Mr 543'30'49"E 35.85' N1"l l 111f 010. W 14.r A26 TO A67 NI W112 NI3-N12 1141 010. W Lit MGM 200 i.r N89.26'26"W 31.44' 6 NIaNU Ntf 010. w Il.r $8723'21 "W 18 79' N14d11{ NIf.NIf Nl{ 010. w w,4 43143. w 1{.Y 11.r N23' 16'03"W , 32.15' NIt.N1 Nit 040.w 12.r UPLANDS WETLANDS LINE TABLE 801 TO 806 DIRECTION DISTANCE N4710'22"W 35.51' NO 1'42'00"W 23.06' S 14' 12'34"W V 22.94' 51741'03% 22.24' 503'50'44"W 24.24' 806 TO B11 7 S08'41'12"E 7 23.67' $36'22'04"E 18.53' 543'32'07"E 15.85' $80'49'43"E 20.17' N82'59'19"E 15.81' 1311 TO Doi N20' 15'38"E 22.15' N28'44'38"W 3.87' N04' 19'22'V 37.61' N38'2 1'4-4'V 27.94' o to m M ow fly GREEN ENGINEERING WA7M WASTEWATER aXf&YDA PLA Ndg MOMC rr MAK44MEW V1 808 K OOLOGROM 44T. P.Q OOX OW WLaOK KIM VM u TIML OM 207--MW MAX 00) A40-74M APRL 1998 N29 03 16 W 21.42 N15'36'05"W 31.39' $58'21'11"W 30.98' N66'42'43"W 30.83' $75'09'31"W 41.54' $18'23'26"W 35.19' 504'53'02"W 32.39' SOO'OS'01 "E 22.84' S1724'44"W 36.87' S19'48'19"W 28.78' S56'50'23"W 25.02' S38'00'09"W 38.66' $03'17'56"E 15.47' S13'58'22"E 25.20' S14'30'02"W 27.89' 50733' 15"w 34.54' 518'49'29"W 22.09' S79'49'36"W 35.78' S55'52'31"W 17.84' S33' 16' 13"W 36.94' S3754'22"E 20.66' S40'51'31"E 38.12' S0716'35"W 39.52' S25'42'23"W 34.61' $-31'54'25"W 67.52' S34'45'02"W 32.71' $68'13'20"W 39.93' WETLANDS DEUNEATION REX TILLET PROPERTIES 1 ) J c , . , \ 7 1 i . (r t (L J F e X ?$ W Qi r? ?? W 1?+?r1'1 I 4yy8 t { l aw+ t !}}!//?? i p ?yy C^ a W - - ? E iiFaa ?a 1 ? ? Y ? c , F p ((l t a1s gg . a J? M it p tC / ` 9 i Yy S State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director LT WAJ IT 1 ? A A • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 16, 2000 DWQ Project #000201 Dare County CERTIFIED MAIL RETURN RECEIPT REQUESTED Coastal Contractors of the Outer Banks Post Office Box 1119 Manteo, North Carolina 27954 Dear Sir or Madam: On 3 February, 2000 the Division of Water Quality (DWQ) was notified by receipt of the Public notice of your application regarding your plan to fill wetlands for the purpose of expanding an existing sand mine near Wanchese in Dare County. Approval from DWQ is required to disturb these wetlands. In addition, the NC General Assembly enacted a new law effective January 1, 1999 which requires fees for 401 Water Quality Certifications. If the impact is equal to or less than one acre of wetland (or waters) or 150 feet of streams, payment of $200.00 is required. If the proposed fill exceeds these thresholds; the fee is $475.00. Checks should be made payable to the NC Division of Water Quality and sent in with the application. Please call me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC2H.0502(c). The processing time for this application will begin when this information is received. cc: Washington DWQ Regional Office Wilmington Corps of Engineers File Copy Central Files in pel oh rney J Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper