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HomeMy WebLinkAbout20000680 Ver 1_COMPLETE FILE_20000522 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO Regulatory Division Action ID No. 200011175 August 28, 2000 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of the County of Currituck for a Department of the Army (DA) permit to undertake dredging activities within approximately 1,900 linear feet of an existing channel and approximately 200 linear feet of an existing access canal, and discharge resultant spoil material into jurisdictional wetlands and an existing mitigation area, on property located off NC Highway 12, at the Whalehead Club, adjacent to the Currituck Sound, in Corolla, Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. Based upon our review of this project, we concur with the recommendations of the United States Environmental Protection Agency, the National Marine Fisheries Service, and the United States Fish and Wildlife Service that the application be denied based on the potential of the proposed dredging and filling activity to pose substantial and unacceptable adverse impacts to aquatic resources of national importance. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, U49t Raleigh Bland, P.W.S. Regulatory Project Manager -2- Copies Furnished: Mr. John Dorney W ter Quality Section ivision of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Doug Huggett, DCM File Copy Central Files Environmental Professionals, P.O. Box 3368, Kill Devil Hills, NC, 27948 000680 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 D E N R August 18, 2000 DWQ# 00-0680 Currituck County County of Currituck P.O. Box 39 Corolla, NC, 27929 APPROVAL of 401 Water Quality Certification To Whom It May Concern: t You have our approval, in accordance with the attached conditions, to dredge an existing channel and access canal entering the boat basin at the Whalehead Club in Corolla, Currituck County, and to discharge the resultant spoil material in 1.61 acres of an existing pond and 0.04 acre of adjacent wetlands to convert the pond to a vegetated wetland. This application was received by the Division of Water Quality on 22 May 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. 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. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application 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, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Non-Discharge Branch Telephone 919-733-1786 Sincerely, / Kerr T. Stevens 1621 Mail Service Center Raleigh, North Carolina 27699-1621 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper PROJECT NARRATIVE THE COUNTY OF CURRITUCK - WHALEHEAD CLUB MAINTENANCE DREDGE PROJECT Environmental Professionals, Inc. is submitting a CAMA Major application on the behalf of Currituck County to maintenance dredge the access channel and entrance to the boat basin to the Whalehead Club in Corolla, NC, Currituck County (See attached plat). This project proposes to maintenance dredge the access channel 20 feet wide with a 2:1 slope at an average depth of 2.8 feet, to obtain a five foot clearance for boaters to access the boat slips within the boat basin. The dredge spoil is proposed to be disposed on high ground, adjacent to the Whalehead Clubhouse, within the manmade pond. The volume of the spoil area was calculated to have a capacity of 6,170 cubic yards. The volume of the spoil area was calculated using a 2' dike with 2:1 exterior walls and a 1:1 interior walls. The dredge spoil is projected to be approximately 5,133 cubic yards. Once the spoil material has settled a bulldozer will grade and smooth the spoil area leaving approximately one or more feet of embankment. The spoil area will then be planted with wetland vegetation to reestablish habitat for wildlife. Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Currituck County Address P.O. Box 39 City Currituck State NC Zip 27929 Dav Phone 2Q-232-2075 Fax 252-232-3026 b. Authorized Agent: Name Environmental Professionals Inc Address PO Box 3368 City Kill Devil Hills State NC b. City, town, community or landmark Corolla Whalehead Club c. Street address or secondary road number NC Hiahwav 12 d. Is proposed work within city limits or planning jurisdiction? X Yes No c. Name of body of water nearest project (e.g. river, creek sound, bay) Currituck Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT List all development activities you propose (e.g. building a home, motel. marina, bulkhead pier, and excavation and/or filling activities. Maintenance dredging of existing access channel and placing spoil from dredging into an existing manmade pond onsite. Zip 27948 Day Phone 441-0239 Fax 441-0721 c. Project name (if any) Whalehead Club EPI #98-193 NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Currituck b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance c. Will the project be for public, private or commercial use? Public and commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Hydraulic dredge to excavate an old existing access channel to the boat ramp and basin at the Whalehead Club in Corolla NC Placing-spoil in the manmade pond adjacent to the Whalehead Hunt Clubhouse, grade and smooth spoil material and Plant wetland species w/in the pond area Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 476 x 350 = 166.600 so.ft. _ 6,170 cubic yards (capacity) = Spoil Area b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL _ 5 feet d. Soil type(s) and texture(s) of tract Duckston fine sand e. Vegetation on tract Primus seratina, Mvnca cerifera. _ Spartina patens, 3uncus sp., Tvpha sp.. Rumia and Milfold within the pond f. Man-made features now on tract Whalehead Club- house, paved roads, boardwalk, a zebo, boat basin, pool, boathouse, etc. see attached plat 2. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional X Developed _ Community Rural Other h. How is the tract zoned by local government? RO1 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate. if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? X Yes No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other 404 wetlands If yes, has a delineation been conducted? yes (Attach documentation, if available) in. Describe existing wastewater treatment facilities. On site sentic svstem n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. Well 5. ADDITIONAL INFORMATION In addition to the completed application form. the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instr mlent under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. Form DCM-MP-1 •A Stormwater Certification, if one is necessary. •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Outer Banks Joint Venture Address P.O. Box 490. Corolla NC 27927 Phone Name J. Dennv Cooke Address P.O.-Box 145, Corolla, NC 27927 Phone Name NC Wildlife Resources Commission Address _5_12 N. Salisbury St.. Raleigh, NC 27949 Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Maior Permit #141-86 issued 2/16/89 to Advanced Property Concepts / CAMA Maior-Excav Frll Permtt 166-96 issued 12/6196 to Cumtuck County • A check for $250 trade payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authonzed to grant. and do in fact. grant permission to representatives of state and federai review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the - 4 day of ? -{1n 200C1. Print Name Currituck Countv Signs ?? o??--*-? Landowner or Authomed Agew Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development - DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM -MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in fees'. Average Final Existing Project Length Width Depth Depth Access channel (MLW) o (NWT l Canal Boat basin Boat ramp Rock groin Rock (rip rap) breakwater Other (Excluding shoreline stabilization) 2.100' 20' 2.8' 5.0' N/A N/A N/A N/A N/A N/A .? 7 MY i 1-- 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 3,422 c. yds. b. Type of material to be excavated Sand c. Does the area to be excavated include coastal wetlands? Yes X No d. Highground excavation in cubic yards -0- DISPOSAL OF EXCAVATED .MATERIAL a. Location of disposal area Pond adjacent to Whalehead Club b. Dimensions of disposal area Pond = 520'x 135' = 1.6 acres *see cross section for capacity c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? Same as above Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? X Yes No f. Does the disposal include any area in the water? X Yes No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization N/A Bulkhead RiPmP b. Length NIA c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or N WL N/A e. Shoreline erosion during preceding 12 months Ni A tSource Of information) f. Type of bulkhead or riprap material N/A Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead fill N/A h. Type of fill material N/A 1. Source of fill material N/A 4. OTHER FILL ACTIVITIES N/A (Excluding Shoreline Stabilization) a. Will fill material be brought to site? N/A Yes No N/A If Yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? N/A Yes X No 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? Dredged spoil will be placed in the designated pond within a silt fence/diked area to contain the spoil Once settling takes place the spoil material will be graded and smoothed and planted with wetland vegetation. b. What type of construction equipment will be used (for example. dragiine. backhoe. or hvdraulic dredge)? Hvdraulic dredge for excavation. bulldozer for spoil c. Will wetlands be crossed in transporting Equipment? Yes . X No If yes, explain steps that will be taken to lessen environmental impacts. Currituck County EPI #98-193 A licant or Project Name Signature 4_ 14 - 00 Date Revised 03/95 _ ".olu snood- dew:swop Joins Map Before Left G H J K L M N I P I A? ! oaks Islam ?iub Y e ?tp, Q WA _ Q Sli;, 7/?° ° ............ -3 6 F!3 as j Jones Q k Clubho U Poinl S ! + ...,• O THE VICE 1 to Access ............. ¦ t 4 2 Av Four Who O O v.. ,ff Drive Onb IA O O -:; h Coroll p House T_.. Town Office 0 jmy Kitty Newt j I IgiIN TARE Fi ............. O Mod Clr 2 CRYSTALIAIX1 CT CO O OLLA S LAKES(E CTI m Dwrilock 0-0 •i/ 4 FAIAWM U l r s Sur WATER IV 1-1 Lghtholae • Currit?Kk , BlII! OIARWAnRI A xaEPw Cl W 'Aw (__? F ! 1001ETplT;t Wye ............ - .A WlfoAWft ! `J2 fICYAII titl • S ? S i u OCEAII MU YD E NALOM T Ct A ? ? I !{ «fW F1 )L10 W 1 PAYSO! T ,,,a ` ?. s j ...Y...._.. 4. 1 IS LAX= OR , , " • ' 3 PAYSgI 5 Ilk (( ' S sumols CT = S 1 I AQCY CT ??CklbtwMm " ` 7 PAAWEA CT Liobt House 2 g I ? Cove I ?E if ? sae+dr ?` + 1 2 ALUM CT LEHEAD . :,<sso.wl a . CA I M0 N T? RAY -- ??7? I?7 C T S• ., -._ CI C AM AY .. A l FJERAlO CT NO r ea LTKS s It f'3 SEASPRAY M. ? CRE E O r.. ? ; .'!; K U CT :..•. ".. WAY ,... i d 61VORY CT 7 R ~ "g 1 9 ' nt: ITl!!IId SAWG ASS CT . ! SPYGLASS CT 9 GOLDEN NLUWF'CT ! ? ... -? Pond - + F A i F k C t pH y? ?3 : C WE CT3 SOUTH POMTs r 3 n'? CT C ?x ?ii1 ?4 ?.}?? .. •--_ '.`..ea if k'?`.?5?.k ???-. _. ? 1. ?.x.. CURRITUCK COUNTY, NORTH CAROLINA - SHEET NUMBER 17 5 000 4 000 3 000 2000 1 000 0 Feet 1 .5 0 1 Kilometer Scale - 1:20000 iyy ?rR DATA FORM ROUTIIVE WETLAND DETERMINATION (1987 COE Wetlands delineation Manual) Environmental-Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 Project/site: A* C/,,6 ,i. c.-,,- X Date: 7 9 Applicant/Owner. C o roc 4.o -? C a Coun Cty: Investi orJ 4 4n 50+x. State Do Normal Circumstances exist on the site? Yes No Community ID: Is the site significantly disturbed Situation)? (Atypical ? Yes R No Transec;t ID: Is the area a potential Problem Area? ? Yes 0 No Plot ID: f needed, explain on reverse.) I VEGETATION D ominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. ?....s oU o at c. 9. 400/0 .?. % - 10. 3. J ,... . • 11. 4. 12. 5. 13. 6. 14. 7• 15. 8. 16. Percent of Dominant Species that are OBI, FACW, or FAC (excluding FAC-). S Sd --L Re marks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: ? Stream, Lake, or Tide Gauge Primary Indicators: ? Aerial Photographs ? Inundated ? Other ? Saturated in Upper 12 Inches RNo Recorded Data Available ? Water marks ? Drift Lines Field Observations: Q Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water : - (in.) Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: I .Z (in.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: > / (in.) ? FAC-Neutral Test Other (Explain in Remarks Remarks: LAJ t?P'(? d?f i S N c t?' SOILS • Map Unit Name 1nafAW o?-c Dv??s (Series and Phase): Drainage Class: Field Observations Taxonomy (Subgroup) ? P Confirm Mapped Type Yes No Profile file D Description Depth_ Matrix Color Mottle Colors Mottle Textures, Concretions, inche Horizon (Munsell Moist) (Munsell Moist) Ahnnrinnrr/r„nt?e+ e.,....._. _._ Hydric Soil Indicators: ? Histosol ? Histic Epipedon ? Sulfidic Odor - ? Aquic Moisture Regime ? Reducing Conditions ? Gleyed or Low-Chroma Colors Remarks: W e#Wcs,,. s,;? a ? Concretions ? High Organic Content in Surface Layer in Sandy Soils L; Organic Streaking in Sandy Soils =1 Listed on Local Hydric Soils List Listen on National Hydric Soils List Other (Explain in Remarks) WETLAND DETERMINATION Hydrophytic Vegetation Prat Yes No Wetland Hydrology Present? ? Yes Q No H dric Soils Present? YesNo Is this Sampling Point within a Wetland? Yes No Remarks: /Uc rt Lttelleul-l -?- Approved by HQUSACE 2J92 Lrr? v .-?` DATA FORM ROUTEVE WETLAND DETERMINATIO14 (1987 COE Wetlands delineation Manual) Environmental2rofessionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 Projec t/Site: a (,,b ; h ` Date: T f- Applicant/Owner. C rr? L 6t 1? Co . County: Investigator .,? 34 1--1s•-+-. State: Al. C, Do Normal Circumstances exist on the site? Yes El No Community ID: Is the site significantly disturbed (Atypical Situation)? L Yes CR No Trsnsect ID: Is the area a potential Problem Area? ? Yes R No Plot ID: (If needed, explain on reverse. VEGETATION D ominant Plant Species Stratum Indicator Dominant Plant S es Stratum Indicator 1 a,.- 9. 2. &z3j52 v uol 3-• 10. 3. ....? 11. 4. 12. 5. 13. 6. 14. 7. 15- 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (ewhWing FAC-). ?,SZ7 Re marks: HYDROLOGY Recorded Data (Describe in Remarks): ? Stream, Laker or Tide Gauge ? Aerial Photographs ? Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: ? Inundated Saturated in Upper 12 Inches 9 water marks Drift Lines Field Observations: Sediment Deposits K Drainage Patterns in Wetlands Depth of surface water : - (in.) Secondary Indicators (2 or more required): ,R Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit:_ (in.) ? Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: O (in.) ? FAC-Neutral Test Other (Explain in Remarks Remarks: (,c1P.??aA,? ? yG?t' ?l?Y j'?? SOILS Map Unit Name (Series and Phase). Drainage Class: Field Observations Taxonomy (Subgroup): Confirm-Mapped Type Yes No Profile Description Depth_ Matrix Color Mottle Colors inche Horizon Mun 11 Moist !Munsell Moist Mottle Textures, Concretions, Abund ce/Contrast Structure etc. 0-4, /D eep "/ - K S= i . ` f i Hydric Soil Indicators: Q Histosol ? Concretions Q Histic Epipedon ? Sulfidic Odor - Q Aquic Moisture Regime ® Reducing Conditions Gleyei or Low-Chroma Colors ? High Organic Content in Surface Layer in Sandy Soils Q Organic Strealdng in Sandy Soils Listed on Local Hydric Soils List ? Listed on National Hydric Soils Last ? Other (Explain in Remarks) Remarks: Wea??w•? sS ,,-i WETLAND DETERMINATION Hydrophytic Vegetation Present (9Yes No Wetland Hydrology Present? Yes ? No H dric Soils Present? Yes No Is this Sampling Point within a Wetland? Yes No Remarks: Wr? lf- a oc, le- -.- .. Approved by HQUSACE 2/92 NORTH CAROLINA DEPARTMENT OF ©R ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT WDENR JAMES 13. HUNT. JR. ^ 20Q0 GOVERNOR ;4d MPV L . May 19, 2000 1 ` ? v???L???;$ ? cyst BILL HOLMAN MEMO SECRETARY TO: John R. Domey, Environmental Biological Supervisor Division of Water Quality DONNA D. MOFFITT DIRECTOR FROM: Doug Huggett n Major Permits Processing Coordinator 000680 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: County of Currituck Project Location: Between NC 12 and the Currituck Sound, immediately south of the Corolla Lighthouse, Corolla,. Currituck County. Proposed Project: The applicant proposes to maintenance dredge a channel and a short access canal entering the boat basin at the Whalehead Club in Corolla, Currituck County. Proposed dimensions of the project are 2,100' x 20' x 5. Dredge spoil from the project will be used to fill an existing pond located behind (south) of the old house and convert it to a vegetated wetland. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 9, 2000. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. r ELIZABETH CITY REGIONAL OFFICE SIGNED DATE1367 US 17 SOUTH, ELIZABETH CITY, NC 27909 - 723 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DIVISION OF COASTAL MANAGEMENT FIELD MVESTIGATION REPORT 1. APPLICANT'S NAME: County of Currituck 2. LOCATION OF PROJECT SITE: Between NC 12 and the Currituck Sound, immediately south of the Corolla Lighthouse, Corolla, Currituck County. Photo Index - 1995: 201-2 09 I 13, J 13, K 12 & 13, L 11 & 12, M 11-13, N 13 1989: 1 39-27 F 13, G 13 & 15, H 13-15, 1 13 & 14, J 13, K12&13,L12 1984: Not Available State Plane Coordinates - X: 2932 200 Y: 969 700 3. INVESTIGATION TYPE: CAMA Dredge/ Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 22. 2000 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - April 20. 2000 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Shoreline, Estuarine Water and Public Trust (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Water Sewer Planned - N/A (F) Tvpe of Structures: Existing - Main house, boathouse. 36 slip boat dock. a pier with six boat slips, a footbridge, a public boat ramp, and associated parking. Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: DREDGED [AREA] FILLED OTNFR (A) Vegetated Wetlands Delineated Section 404 Perimeter of Pond: 1,795 s. f. iU o (B) Non-Vegetated Wetlands Channel: 42,000 s.f. Pond: 70,290 s.f. tot4 , (P I (C) Other: High Ground Berm around the perimeter of the Pond: 4,800 s.f. (D) Total Area Disturbed: 118,885 (2.7 ac) County of Currituck May 11, 2000 Page 2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Currituck County proposes to maintenance dredge a channel and a short access canal entering the boat basin at the Whalehead Club in Corolla, Currituck County. Proposed dimensions of the project are 2,100' x 20' x 5'. Dredge spoil from the project will be used to fill an existing pond located behind (south) of the old house and convert it to a vegetated wetland. PROJECT SETTING The project site is at the Historic Whalehead Club on the Currituck Outer Banks in Corolla Village, more specifically described as being on the west side of NC 12 (Ocean Trail), adjacent to the Currituck Sound and Whalehead Bav, immediately south of the Corolla Lighthouse. The property consists of approximately 38 acres and has an average elevation of five feet above NWL. Located to the north of the property is the Corolla Lighthouse and to the south is Whalehead Bay and Corolla Light Planned Unit Development. Structures on the property include a house, a sound side walkway with a pier and gazebo, a footbridge, a large boat basin with docking facilities for 36 boats, a boathouse, a public boat ramp, and a pier with six boat slips. Located to the rear- (south) of the house is 1.6 acres man-made pond excavated in conjunction with restoration requirements resulting from an Army Corps of Engineers violation that was issued to a previous owner of the property. The violation was apparently issued for the unauthorized filling of another pond that was located on the property prior to 1985, on the east side of the tract between the boat basin and NC 12. The existing pond has a maximum depth of six, and an average depth of approximately three feet below normal water level (NWL). High ground vegetation includes Live Oak (Quercus i?irginiana), Loblolly Pine (Pinus taeda), Black Cherry (Prunus seratina), Wax-Myrtle (Myrica cerifera), and a variety of lawn grasses. Wetland vegetation found around the perimeter of the pond includes Soft Rush (Juncus effusus), Olney's Three-Square (Scirpus americanus), Salt Meadow Cordgrass (Spartina patens), Cattail (Typha sp.), and Sea Ox-eye (Borrichia frurescens). Vegetation found in the Coastal_ Wetlands that extend around the shoreline of the property include the wetland species listed above and Saw Grass (Cladium jamaicense). Water Milfoil (Myriophyllum spicatum) is found in the pond, while milfoil, Eelgrass (Zostera marina) and Widgeon Grass (Ruppia maritima) can be found in the sound within the project area. Waterfowl regularly seen using the pond include, but are not limited to, the Great Blue Heron (Ardea herodias), Little Blue Heron (Egretta caerulea), Great Egret (Casmerodius albus), American Coot (Fulica americana), Double-crested Comorant (Phalacrocorax auvitus), Canadian Goose (Branca canadensis), and a variety of ducks. County of Currituck May 11, 2000 Page 3 Water depths within the boat basin vary from approximately 4.5 feet below (NWL) in the center, to three feet below NWL around the boat slips. Water depths at the boat ramp and the associated pier vary from one foot to two feet below NWL. The water bottom in the basin ans Currituck Sound adjacent to the property is a fine silty material. The Whalehead Club was originally developed as a hunting and fishing club during the early 1920s and included the house, swimming pool, a vehicular bridge, and a footbridge. The boat house was constructed approximately 30 years later. However, the construction of the 36 slip boat basin was not undertaken until the late 1980's (Major Permit #1141-86) by Advanced Property Concepts, who later defaulted on the property to a local Bank. In 1992 the Whalehead Club was purchased from the receiving Bank by Currituck County, and has been undergoing renovation since. Since being purchased by the County a public boat ramp and a pier with six boat slips halve been constructed, and riprap has been placed around the shoreline for erosion control (Major Permit #166-96). No records of any dredging in the Currituck Sound, Whalehead Bav. or at the Whalehead Club were found during this review. Currituck Sound is classified as joint waters by agreement between the Marine Fisheries O Commission and Wildlife Resource Commission. The Division of Environmental Management's water quality classification for Currituck Sound is SC (fish propagation). Additional review indicates that there are no known archeological sites or significant geological formations associated with the applicant's property. However, the property is listed on the National Register of Historic Places. PROJECT DESCRIPTION Currituck County is proposing to maintenance dredge a 1.900' channel, and the 200' entrance canal, to the Whalehead Club boat basin. The channel and canal will be 20' wide with a depth of 5' below NWL. Spoil from the project will be hydraulicly removed and pumped into the 70,290 square foot than-made pond located to the rear (south) of the house. According to the application and plan, excavation of the channel and canal (2,100' x 20') will result in the disturbance of 42,000 square feet of shallow water bottom. The average depth of to be excavated will be 2.2 feet. Based on the calculations submitted, the applicant's agent estimates the total amount of spoil produced will be 5,133 cubic yards. The plan submitted shows that the channel reaches a connecting depth of five feet below NWL at a distance of 1, 700' from the beginning point of the proposed dredge project. Staff review of the site and plans show an average depth of approximately 3.1 ' below NWL, with a dredge depth of 1.9'. Based on these findings the dredge area would produce an estimated 2,393 cubic yards of spoil far less than that estimated by the applicant. County of Currituck May 11, 2000 Page 4 The spoil retention site is approximately 70,290 square feet with an average depth of three feet, with a holding capacity of 7,810 cubic yards. The application and plan show a protective berm around the pond to hold the projected spoil. The berm proposed will have a height of two feet and a base of six feet. The exterior slope of the proposed berm will be 2:1 and the interior slope will be 1:1. Water in the dredge spoil will be decanted in the spoil retention site and piped back to the Currituck Sound. Once the de-watering process is complete the applicant proposes to grade and seed the berm surrounding the filled pond, and create a wetland within the footprint of the pond. However, no specific information has been submitted for review. Based on staff calculations, it appears that the placement of the protective berm around the pond will result in the fulling of appro_rinuttel • 1.795 vegetated 404 wetlands and 4,800 of high ground. The application and plan show a small area of submerged aquatic vegetation (SAV) within the alignment of the maintenance channel. Historically SAVs have been found throughout the project area. ANTICIPATED IMPACTS a • Dredging will result in the disturbance of approximately 42.000 square feet of shallow water bottom. • Fill around the spoil retention site will result in the tilling of 4.800 square feet of high ground. • Temporary localized turbidity will occur within the project area during dredging. • Dredging may result in the loss of submerged aquatic vegetation within the channel and basin entrance. • The dredge project will result in a deeper access in and out of the basin, potentially expanding the use of the facility. • Placement of spoil material will result in the loss of a 70,290 square foot mitigation pond. • Placement of the spoil in the pond will result in the loss of submerged aquatic vegetation. • The filling of the pond may result in creating approximately 70,290 square feet of vegetated 404 wetlands. Submitted By: Lynn Mathis Date: May 11, 2000 • i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO June 1, 2000:.: .II 3 Regulatory Division V _ OU Action ID No. 200011175 ?O D ((.7 00 k Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: Please reference the application of Currituck County for Department of the Army (DA) authorization and a State Water Quality Certification to dredge an existing channel and access canal, and discharge resultant spoil material into jurisdictional wetlands, on property located off NC Highway 12, at the Whalehead Club, adjacent to the Currituck Sound, in Corolla, Currituck 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 August 1, 2000, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, 4" ON, Raleigh Bland, P.W.S. Regulatory Project Manager r = -2- Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 O O O N F-' O c?3 U ?O a o 0 0 Ca 0 0 G 0 --? N A A 0 0 0 0 0 ? ? O U ? N O x x U ? ? o , , ° o a1 ? , on a ? o -d .b x U ? U LW O 0 ti ? N a 0 0 0 A 0 o C) 0 0 ? N U ? o U ? ? U