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HomeMy WebLinkAbout20010115 Ver 1_COMPLETE FILE_20010122o?OF wAT ?RQG Michael F. Easley Governor Cj William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality February 21, 2001 DWQ# 01-0115 Carteret County North Carolina Wildlife Resources Commission 1720 Mail Service Center Raleigh, NC, 27699-1720 APPROVAL of 401 Water Quality Certification Dear Mr. Fetzer: You have our approval, in accordance with the attached conditions, to dredge and fill 0.46 acre of shallow bottom habitat, open water and vegetated wetlands in order to construct, maintain and operate a public boating access facility on state property at the Harker's Island Bridge in Carteret County, as described in your application received by the Division of Water Quality on January 22, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when it is issued by the NC Division of Coastal Management. 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, 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 conforming 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. Sincerely, - L-41 Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Central Files File Copy Doug Huggett North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) MEMORANDUM TO: John Dorney Regional Contact: J. Steenhuis Non-Discharge Branch WO Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NC Wildlife Resources Commission Project Number 01 0115 Recvd From DCM Received Date 1/22/01 Recvd By Region Project Type boating access County Carteret County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. El In LAMA SM OO Y ON ?1_351 SA HQ?h 30,504. F __ F-F_- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: -0 Issue ` 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: IP411ul --Vv K C? This office has :no objection to this project as imposed. cc: Regional Office Central Office Page Number 1 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Sherri Evans-Stanton, Acting Secretary January Y; Wt, Director MEMORANDUM: J?e? _' ??J01 TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator Yn NCDENR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County, adjacent to the North River at the confluence with Straits, on SR 1335 in the Carteret County Community of Straits. Property is located on the mainland on the northwest side of the Harker's Island Bridge. Proposed Project: Proposes to construct, maintain, and operate a public boating access facility on state property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2001. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Morehead City District, 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us/ AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Wildlife Resources Commission 010115 ?? 2. LOCATION OF PROJECT SITE: Adjacent to the North River at the confluence with Straits, on SR 1335 in the Carteret County Community of Straits. This is state property, currently held by the DOT, located on the mainland on the northwest side of the Harker's Island Bridge. Photo Index - 2000:55-666, Gr. I,J-2,3 1995: 41-502, Gr. P,Q-11,12 1989: 3-155, Gr. 5,6-C; 6-D State Plane Coordinates - X: 2729400 Y: 361800 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 22, 2000; December 20, 2000 Was Applicant Present - Yes; No 5. PROCESSING PROCEDURE: Application Received - cc: January 04, 2001 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/Conservation (B) AEC(s) Involved: CS, CW, EW, PT (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Disposal Area for DOT, non-functioning bulkhead wall Planned - Public boat ramp facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] npynr'pn PTT T PT-1 TNTrnDD (A) Vegetated Wetlands Transitional High Marsh 436 sf (B) Shallow Bottom Habitat 16,388 Jsf 2943 sf High Ground 1.6 ac Open Water (488 sf (D) Total Area Disturbed: 2.06 acres 0 Gv- (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The North Carolina Wildlife Resources Commission has entered into a MOU with the NC DOT to construct, maintain, and operate a public boating access facility on state property located on the northwest side of the Harker's Island Bridge, within the community of Straits. NC WRC January 19, 2001 Page 02 9. NARRATIVE DESCRIPTION: The project site is a vacant 2.56 acre disturbed tract, averaging 7' msl in elevation. The property is owned by the State of North Carolina, and is held by the Department of Transportation. The North Carolina Wildlife Resources Commission has entered into a Memorandum of Understanding with the DOT to "construct, maintain, and operate" a public boating access facility on the property. This parcel lies within the Carteret County community of Straits, on the northwest side of the SR 1335 bridge to Harker's Island. Visibility upon encroaching the site is low and potential for seeing turning vehicles poor, due to the wooded area immediately preceding the property. The project site fronts the North River at its confluence with Straits. There is an Environmental Assessment in circulation currently. Neither a stormwater plan nor a sedimentation/erosion control plan has been approved for this project. The property is very disturbed, having been used for DOT spoil and debris disposal through the years. There is an existing dike wall on site, and a badly failing bulkhead wall. The area has a sandy beach conducive to public use, and consequently, is a popular local fishing spot. The vegetation on site is sparse, consisting mostly of stressed shrub/scrub species above the zone of tidal influence. There is an area of transitional high marsh to be filled with this proposal, consisting of S artina patens, Iva frutescens, Baccharis halimifolia, and Borrichia frutescens. The shoreline of the property is vegetated periodically with SSpartina alterniflora. The area within the dike walls is incorrectly shown on the plats as being impervious. This area is very compacted due to truck traffic depositing spoil, but consists predominantly of sand. The existing bulkhead is non- functioning, giving way to coastal marsh on the landward side of the structure. Submerged vegetation is present adjacent to the site, more to the west side than closer to the bridge. Aerial photography through the years shows this sandy shallow area to be conducive to the growth of the submerged grass beds, and indicates periods of accretion and erosion in recent years. The 2000 photo shows that the grass beds have benefited from the slow storm season of the past year. Also clear on the photography is a borrow area adjacent to the causeway between the Harker's Island bridges. It is this borrow area that the applicant has considered for connecting water body and access to the federal channel and the barrier islands of Carteret County. The North River and Straits systems in this area are open to the taking of shellfish for consumption; the DWQ water quality classification is SA; the waters are not designated as Primary Nursery Area; and the Carteret County Land Use Plan classifies this area of the county as Rural, with all AEC's classified Conservation. The body of water at the project site is stated as .7 mile. Current soundings within the North River at the location of the proposed boat ramp range from -.8' nlw to -5' nlw. Sheet 2 of 7 of the submitted project plats has located the 30' buffer from nhw, but has inaccurately labeled the 75' AEC as the 30' buffer line. The WRC is proposing to grade 1.6 acres of high ground for the construction of a parking lot to accommodate 25 vehicles, and a maneuvering area. This will necessitate the placement of ABC stone, creating approximately 45,522 sf of impervious area, or 38% of the property. The applicant has indicated to me that the agency is currently revising their stormwater plan to reduce this area to 34% and 24 parking spaces, but the present application is as stated above. Of the proposed impervious area, 10,700 sf will be within the Coastal Shoreline AEC, or <30%. The NC WRC Page 03 construction of the drive to the ramp will necessitate the filling of approximately 4 6 sf of transitional high marsh. The parking area will be defined by and stabilized on its lower or south side by a 200' retaining wall. A vinyl bulkhead is proposed landward of the marsh along the property edge, for a total ength of 485'. This structure will be landward of the existing dilapidated structure. There is evidence of erosion along the shoreline sufficient to allow for shoreline stabilization. The bulkhead ontinues to the proposed ramp area, where it turns into the water and becomes a breakwater. he solid wall is proposed for 42' to 44' below the nhw contour of the adjacent shoreline. At t is point, breakwaters continue into the water on both sides of the proposed ramp, with a third dis onnected wall on the east side. These structures combine for a total of 285', and are intended t prevent shoaling of the newly excavated channel and ramp area. The breakwaters will extend ' higher than the normal high water line, and will have 3" gaps every 3'. The structure as prop sed will be constructed of concrete, and will extend ±220 into the water body at its furthest ex nt. The concrete drive with accompanying sidewalks will be 46' wide up to the normal gh water contour. At this point it becomes a 30' double lane boat ramp, continuing for 66' in len , to 47' below the nlw contour of the adjacent shoreline. Given the increase in elevation of the amp due to construction materials, the ramp will extend only 30' below the new low water conto r created by the ramp. Floating docks, 61' x 8' are proposed for launching safety along the si es of the ramp. The docks will be located greater than 15' from the adjacent riparian corridors and will extend to a post excavation depth of -4'6" nlw, approximately 82' from the nhw cont ur. Because the water depths at the end of the ramp average -.5' to -.8' nlw, the ap licant is proposing to excavate a channel for 345', connecting to the existing channel created by e borrow area alongside the causeway. The channel will vary from 45' to 50' in width, and will r quire the removal of 1000 to 1400 cubic yards of material to reach a terminating depth of -5' w. The method of removal proposed is bucket to barge, offloading to an onsite spoil disposal rea. The area designated for spoil is in the same general vicinity as that currently used for spoil nd debris by the DOT, but will be expanded somewhat. The proposed disposal area is 220' x 110', and will have dike walls constructed to a height of 7', with an interior height of 5.5'. The wall will have a 14' base, and a 2' top width, for 1:1 side slopes. This feature will have a capaci of 5000' cubic yards. No settling basin or effluent pipe are proposed, as the material and remo?al method will not require the amount of de-watering to necessitate quick drainage. The berm as r flected on the submitted plats does not meet the 30' required buffer from the nhw contour for all on-water dependent uses. The spoil area will not be available for future uses, as it will be inte rated into the parking area. However, given the method of removal and the proximity to the ramp, offloading to trucks in the future should not prove to be a problem. The NC WRC has stated that they intend to pursue the creation of a "no-wake" z?ne at this location in the future. It is not a request in the current application. 10. ANTICIPATED IMPACTS: The project as proposed will require the filling of approximately 436 sf of high mars of infrequent interaction with the system. The access channel will require the excavat1 n of 1000 to 1400 cubic yards of sandy material from approximately 16,388 sf of shallow bott m habitat. NC WRC Page 04 This area is conducive to the growth of submerged vegetation, and the grass is present in small amounts within the footprint of the channel. The boat ramp will require the filling of approximately 2943 sf of sandy, shallow bottom habitat. The docks alongside of the boat ramp will incorporate and shade 488 sf of open water. The spoil area will require approximately 24,200 sf of previously disturbed high ground area, which is part of the 1.6 acres to be graded for parking and maneuvering of vehicles. Approximately 38 % of the lot will be impervious to stormwater after completion of the project. The potential for re- suspension of sediments from prop wash is low due to the sandy substrate. The proposal will provide a public facility for boaters in an area heavily vested in boating activity. The proximity of the site to the federal channel makes it a desirable location for such a facility. Twenty four to twenty five parking spaces will be provided for day use. Entrance into the site by car may prove hazardous, due to the poor visibility at the entrance of the facility. T. Barrett January 19, 2000 Morehead City Form DCM-MP-1 APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: Name North Carolina Wildlife Resources Commission Address 1720 Mail Service Center City Raleigh State NC Zip 27699-1720 Day Phone 919-715-3155 Fax 919-715-2380 b. Authorized Agent: Name Address City Zip DEC II1 2000 C. Street address or secondary road m SR 1335 d. Is the proposed work within the city li its or planning jurisdiction? X Yes No e. Name of body of water nearest projec (e.g. river, creek, sound, bay) North River 3. DESCRIPTION AND PL NED USE OF PROPOSED PROJEC a. List all development activities building a home, motel, marina, 1 excavation and/or filling activities. Construction of a free boat launching faci] .r propose (e.g. knead, pier, and which includes: y docks, a 2 concrete launchrarnps, two floating courte: Day Phone State crushed stone manueuver and parking area Additional structures include two retaining #lls, a breakwater, and an access channel.. I Fax b. Is the proposed activity maintenance of an existing project, new work, or both? New C nstruction c. Project name (if any) NCWRC Straits Landing C. Will the project be public, private or commercial Boating Access Area use? Public NOTE. Permit will be issued in name oflandowner(s), andlor a. Give a brief description of purpose use, methods of project name. construction and daily operations of proposed project. If more space is needed, please attach additional pages. 2. LOCATION OF PROPOSED This BAA facility will provided free public I ating access to PROJECT a. County Carteret b. City, town, community, or landmark Harkers Island North River and adjacent waters. The folio g equipment will be used: bulldozer, backhoe, trackhoe motograder, and dredge. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.56 acres b. Size of individual lot(s) N/A in. Describe existing N/A n. Describe location and type d'PftCft9Wter's of the state. (For example, surface runo ,'sailTtazy- wastewater, industrial/commercial effluent, "wash down", and residential discharges.) Surface runoff directed via sheetflow through grass buffers. . C. Approximate elevation of tract above MHW or NWL o. Describe existing drinking water supply source. approx. 7.5 feet above NWL disregarding fill material N/A d. Soil type(s) and texture(s) on tract Altavista loamy fine sand e. Vegetation on tract Mixed grass and shrubbery. Wetland areas have marsh elder, salt-meadow hay, and sea ox-eye. f. Man-made features now on tract Wooden bulkhead, a geographic monument, telephone junction, and DOT fence. g. What is the CAMA Land Use Plan land classification of the site? (Consult the local use plan) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? unzoned i. Is the proposed project consistent with applicable zoning? X Yes No (attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No if yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on site? X Yes No .Coastal (marsh) X Yes No if yes, has a delineation been conducted? no (attach documentation, if available) No official delineation has been conducted by USACE. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 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 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 Fannie C. Watson Address 107 Marshfield Place, Cary, NC 27513 Phone Name Elaine V. Chadwick Address 11135 Dewey Road, Kensington, MD 20895 Phone Name Address Phone Name Address Phone Name Address Phone A list of previous state or federal permits issued for work on this project tract. Include permit numbers, permittee, and issuing dates. A check for $250.00 made payable to the Department of Environment, and Natural Resources (DENR) 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 Environment Policy Act. I o u_' ? 11000 ! ? 6. CERTIFICATION X1 ASY VANAGEME-W PERMISSION TO I understand that any permit issued in r sponse to this application will allow only the developme t described in the application. The project will be subje t to conditions and restrictions contained in the permit. I certify that to the best of my knowledg , the proposed activity complies with the State of N rth Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such rogram. I certify that I am authorized to grant, and o in fact, grant permission to representatives of state and federal review agencies to enter on the aforementi ned lands in connection with evaluating information related to this permit application and follow-up monitorin of the project. I further certify that the information p ovided in this application is truthful to the best of my kno ledge. This is the 5 day of December , 19 00 Print Name Shannon L. Deaton Signature Landowner or Authorize Agent Please indicate attachments pertaining t your proposed project. X DCM MP-2 Excavation and Fill In brmation X DCM MP-3 Upland Development X DCM MP-4 Structures DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each a tachment in the space provided at the bottom o each form. Form DCM-MP-2 EXCAVATION Jt? 11 2000 f AND FILL CC?ASTALMANAGEIIAENT MOREHEAD (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 983 cu yds b. Type of material to be excavated loamy fine sand Access channel (MHW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (excluding shoreline stabilization) No. 5 Washed Stone Concrete (ramp, apron, and walkway) Erosion Control Stone Average Final Existing Project T,Pnoth Width TlPnth T)Pnth 345 ft 45 ft -2.5 ft 5.0 ft 61' (one double lane launch ramp) approx. 30' total approx. 1' approx. 3' Above MLW 6,830 cu ft Below MLW 3,350 cu ft c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAV's) or other wetlands. X Yes No d. Highground excavation in cubic yards 0 cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Material will be disposed of in adequate highground onsite in proposed manuever area. See attached. b. Dimensions of disposal area 220' by 110' C. Do you claim title to the 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? Yes X No If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAV's, or other wetlands? Yes X No f. Does the disposal area include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap (is actually a retaining wall since located above MHW) b. Length 485 feet c. Average distance waterward of MHW or NWL 0 feet (30 feet landward) d. Maximum distance waterward of MHW or NWL 75 feet landward e. Shoreline erosion during preceding 12 months No information (Source of inforination): f. Type of bulkhead or riprap material Vinyl retaining wall g. Amount of fill in cubic yards to be placed below water level None h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No t" ' i E: LL x 2,000 If yes, (1) Amount of fill ?o be pla approximately 12'4 cuGj c s I a ®nd stone (2) Dimensions of fill area Ramp: 62'X 30' below MLW (3) Purpose of fill subgrad preparation and launch ramps b. Will the fill material be placed in coastal wetlands (marsh), SAV's, or other wetlands? X Yes No If yes, (1) Dimensions of fill area 20' long X 5' wide (2) Purpose of fill Access hannel construction 5. GENERAL a. How will excavated or fill material e kept on site and erosion controlled Crushed stone ill be graded into parking lot upon need. Stone gradatio s such that no containment is required. Washed sto ?e will be used as subgrade beneath launch ramp. b. What type of construction equipm nt will be used (for example, dragline, backhoe, o hydraulic dredge)? Bull dozer, backhoe, trackhoe, moto rader, and dredge. b. Will wetlands be crossed in transp rting equipment to project site? Yes X No if yes, explain steps that will be to en to lessen environmental impacts. Straits Landing Boating Access Area Applicant or Project Name Signature December 5, 2000 Date Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units, or structures proposed Concrete apron adjacent to the top of access ramp, and concrete handicap walkway b. Number of lots or parcels N/A Density (give the number of residential and the units per acre) N/A d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. approximately 1.6 acres h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted Have the facilities described in item i state or local approval N/A (attach appropriate documentation) Describe proposed method of sewage disposal. N/A J• k. Describe location and typeof proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). surface runoff and storm water retention on-site If the proposed project will disturb more than one 1 acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land m. Resources? Yes X No If yes, date submitted n. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Concrete, crusher run stone, erosion control stone, and clean stone g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking 30% Describe proposed drinking water supply source (e.g. well, community, public system, etc.) N/A Will water be impounded? If yes, how many acres? _ above received Yes X No If the project was an oceanfront development, when was the lot(s) platted and recorded? N/A Straits Landing Boating Access Area Applicant or Project Name LSignature December 5, 2000 Date Form DCM-MP-4 STRUCTURES RE GE I V.1 DEC 11 2000 (Construction and/or land disturbing activities) DEC e. Mooring Buoys N/A Attach this form to Joint Application for CAMA Major (1) Commercial _ Commun Permit, Form DCM-MP-1. Be sure to complete all other (2) Number sections of the Joint Application that relate to this proposed (3) Description of Buoy project. (Color, inscription, size, anchor, a. Dock(s) and/pier(s) Private (1) _ Commercial X Community Private (2) Number t'ofloatingdoelsaua Wtoconmteabutement (4) Width of water body (3) Length 61' including abutment (5) Distance buoy(s) to be placed b yond shoreline (4) Width 8' (5) Finger Piers Yes X No (i) Number f. Mooring structure (boatlift, mooring pilings, etc.) N/A Commercial Commu (1) ity Private _ _ (ii) Length _ (2) Number Wid i h t (i i) (3) Length X N 6 Pl f Y o ( ) at orm(s) es (4) Width i N b ( ) um er (ii) Length g Other (Give complete Description) (iii) Width (7) Number of slips proposed N/A Approximately 200fttimber retaining all located within (8) Proximity of structure to adjacent riparian property parlang area to aid with stormwaterre tion. lines Greater than 29 on north and east side of property. (9) Width of water body 0.7 miles (10) Water depth at waterward end of pier at MHW or NWL approx. 4' 6" atNILW b. Boathouse (including covered lifts) N/A (1) Commercial Private NCWRC Straits Landing Boatin Access Area (2) Length Applicant or Project Name (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number Signature (2) Length(s) December 5, 2000 Date d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length approx. 285 feet (2) Average distance from MHW, NWL, or wetlands same as length (perpendicular to waterline) (3) Maximum distance beyond MHW, NWL, or wetlands same as length DE v 1 1 2000 Proposed Straits Landing Boating Access Area Construction of a New Facility SR 1335 Carteret County, North Carolina Environmental Assessment Prepared by the North Carolina Wildlife Resources Commission In Accordance with Provisions of the North Carolina Environmental Policy Act of 1971 October 11, 2000 For additional information please contact: Ms. Shannon Deaton, Facility Engineer Division of Engineering Services N.C. Wildlife Resources Commission 1720 Mail Service Center Raleigh, North Carolina 27699-1720 (919) 715-3155 ext. 295 2 Environmental Assessment Straits Landing Boating Access Area Harkers Island, SR 1335 Carteret County, North Carolina This document is prepared as an Environmental Assessment (EA) in compliance v Section .0500 of the North Carolina Administrative Code relative to the North Carolina Environmental Policy Act of 1971 (1 NCAC 25; G. S. 113A-1 et seq., as amended). The purpose of this EA is to analyze environmental impacts from construction of a new boatii access area located north of Harkers Island in Carteret County, North Carolina. Project Description th The North Carolina Wildlife Resources Commission (NCWRC) is proposing construction of a new facility on a 2.56-acre tract of land that will provide free public bo it access to North River, Back Sound, The Straits, and Core Sound. The proposed location s approximately 6.5 miles from the Atlantic Ocean and 10 miles from the Intracoastal Wat rv This facility will include one double lane concrete boat ramp, two floating docks, a verti al breakwater, two vinyl retaining walls, and a crushed stone parking lot on approximately .6 acres of land. Additionally, a 345-foot access channel will be excavated water ward of t e launch ramp to achieve an average 5.0 feet depth. Entrance to the access area will be dir ct from SR 1335. The project site is located on the north side of the Harker's Island Bridge on SR 335 approximately 4 miles south of Highway 70 via SR1332 near the community of Otway. un land uses of the project area are limited to a NCDOT spoil site and an unimproved, unde ign public access area. Current land uses adjacent to the project area include forested areas nd private property. Need for the Proposed Project Providing public access for recreational uses of wildlife and fisheries resources i important to accomplishing the NCWRC's overall management objectives. The Boatin Safety Act (G. S. 75A-1 et seq.) contains provisions for funding and expenditures to purchase r lease areas for constructing boating access facilities [G. S. 75A-3(c)]. As of September 1, 20 0, the NCWRC maintains and operates 187 boating access areas across North Carolina. The d mand for new access areas continues to increase statewide. The popularity of existing access reas has lead to overcrowding and long waits for launching and retrieving boats. Locating an access area at the proposed project site will provide public access t North River, Back Sound, The Straits, Core Sound, the Intracoastal Waterway, and the Atlantic Ocean for anglers, commercial fishermen, recreational boaters and waterfowl hunters. Althou h data that would project expected use at the proposed site are not presently available, North ver, Back Sound, and Core Sound have been historically popular among recreational fishe en and waterfowl hunters, and the Intracoastal Waterway experiences heavy utilization throug out the year. The closest developed public boat ramp to the proposed site is located in Beaufo on Taylor's Creek approximately 15 miles away. A fee based launching area is located wi thin the township of Harkers Island and currently receives high utilization. However, the launc fee 3 continues to increase annually, and the designated parking area is minimal. Town officials have placed no parking signs just outside the launch facility to prevent users from parking along the main road and blocking residential driveways. It is anticipated that the Straits Landing access area will be heavily used immediately after completion. Alternatives Considered The objective of the proposed project is to provide a facility that will enhance public access to the waters of North River, Back Sound, The Straits, Core Sound, the Intracoastal Waterway, and the Atlantic Ocean. Alternatives to the proposed project design were considered and included different configurations for the on-site ramp location, breakwater length, ramp angle, and channel excavation length. The proposed design represents the least impacts to aquatic and terrestrial resources and to the safety of motorists on SR 1335. Furthermore, an alternate site location was considered in Marshallberg but was rejected due to the presence of extensive submersed aquatic vegetation (SAV) and shellfish beds, the designation of adjacent waters as ORW, and the lack of space needed for parking. Environmental Description Project area plant communities:--The proposed access site on North River is currently used as a storage area for the North Carolina Department of Transportation (NCDOT). Mounds of soil and various pieces of equipment can be found at the site. Development of this access area will not require the clearing of any wooded areas, and wooded areas adjacent to the project site will not be disturbed. The site area located water ward of the existing bulkhead and coastal marsh, or MHW includes a sandy beach area characteristic of a high-energy shoreline. Wetlands:--Approximately 0.26 acres of coastal marsh and possibly section 404 wetlands have been identified within the proposed site. The dominant species present are salt-meadow hay Spartina patens, sea ox-eye Borrichia frutescens, and marsh elder Iva frutescens. Additional species present include seaside goldenrod Solidago sempervirens, marsh pennywort Hydrocotyle bonariensis, spike grass Distichlis spicata, three square Scirpus robustus, and seashore elder Iva imbricata. The primary values associated with wetlands include water storage, shoreline stabilization, and pollutant removal. The existing bulkhead along the northwestern corner of the property has failed in several places allowing a section of wetlands to establish between the bulkhead and NCDOT's storage area. A second section of wetlands are located adjacent to the proposed boat ramp and maneuvering area. Due to their proximity to the river, these wetland areas will slow and retain floodwaters during storm events while reducing sedimentation and erosion. These areas will also function to remove nitrogen, phosphorus, and other pollutants as floodwaters spread through and sediments are deposited. Approximately 0.01 acres of wetlands will be impacted during construction of the boat ramp and maneuvering area. The wetlands impacted are considered transitional and do not fully support wetland functions. Submersed aquatic vegetation:--Approximately 0.005 acres of SAV will be impacted by the construction of the launch ramp. SAV typically functions as spawning and nursery areas, protective cover, and feeding sites for numerous fish species. Ron Secler and staff with the Division of Marine Fisheries investigated the site for SAV quality. Their evaluation concluded that due to wave action and strong currents passing under the Harkers Island bridge, the waters 4 adjacent to the proposed site are characterized as high-energy, and the existing SAV very limited habitat. Fisheries resources:--North River, Back Sound, and Core Sound are classified as waters, and portions of Back and Core sounds are further classified as ORW. Numerous saltwater fish species frequent The Straits, and they include Atlantic menhaden Brevoorti tyrannus, cobia Rachycentron canadum, bluefish Pomatomus saltatrix, spotted seatrout Cynoscion nebulosus, weakfish C. regalis, black drum Pogonias cromis, red drum Sciaen ocellatus, striped mullet Mugil cephalus, spot Leiostomus xanthurus, Atlantic croaker Micropogonias undulatus, gag Mycteroperca microlepis, black sea bass Centropristis stri gray snapper Lu#anus griseus, Florida pompano Trachinotus carolinus, pinfish Lagodon rhomboides, sheepshead Archosargus probatocephalus, southern flounder Paralichthys lethostigma, and summer flounder P. dentatus. Anadromous species collected include str bass Morone saxatilis and blueback herring Alosa aestivalis. North River and The Straits provide suitable spawning habitat and nursery areas for many of the above listed species. general, North River, The Straits, and Core and Back sounds are productive shellfish area However, an investigation conducted by Mike Marshall and staff with Division of Marine Fisheries concluded that there are no shellfish species inhabiting the proposed channel or area. This area is characterized as a high-energy area, which is not capable of supporting shellfish beds. In unch Wildlife resources:--The wildlife habitat on the proposed site is of limited value to the disturbed nature of the site including the ongoing use of heavy equipment. Neverthete ss, several species of small mammals and birds are expected to occasionally visit this site. I addition, several species of wading birds including American egret Casmerodius albus a d great blue heron Ardea herodias may frequent the shallow water habitat adjacent to the propos d site. Cultural resources:--There are no known cultural or archaeological resources on t e access area site; however, a formal archeological survey on this site has not been conduc ed. Remnants of a wooden bulkhead are located on the project site, but its historical importa ce as determined by the North Carolina Department of Archives and History is not significant. The timber bulkhead extends an approximate length of 193 feet and has failed in several loca ions. Description of the Proposed Action Access road:--Access to the parking area will be directly from SR 1335 which is 55- mph highway maintained by NCDOT. SR 1335 has a 60-ft right-of-way that has been considered in the design phase of the project. Maneuvering area:--Development of 10,087 ft2 of uplands will be necessary for completion of the vehicle maneuvering area. This clearing will impact approximately 0 01 acres of transitional wetlands. Once cleared, development of the area will consist of grading nd filling as necessary and covering the area with approximately 6 inches of crusher run C stone. Material excavated from the project site will be graded into the proposed parking area. Access Channel: --A channel approximately 340 feet long, an average of 45 feet wide, and 5.0 feet deep will be excavated to an existing offshore channel in order to achieve a proper boat launching depth. A total of 983 yd3 of material below mean low water (MLW) and 0 yd3 of material above MLW will be excavated during construction of the boat ramps and access channel. Excavation depths will not exceed existing depths in the river. The existing offshore channel that will be utilized to connect the new channel has an existing average water depth of 5.0 ft and averages a 50-foot width. The material excavated from below MLW during construction of the proposed access channel will be pumped to the proposed parking area, which are uplands. The available spoil disposal area is 0.54 acres and the approximated height of disposal will be 1.5 feet. This material will be allowed to dry and drain before finishing the parking area grade. Parking area:--The parking area construction will be located adjacent to the maneuvering area. The existing NCDOT spoil material found on uplands of the site will be graded into the site during preparation of the parking area. Non-gradable material will be disposed of properly. Grading of approximately 57,953 ft2 of uplands will be necessary to construct this area. Development of the parking area will consist of grading and filling as necessary and covering a 37,384-ft2 area with 6 inches of crusher run ABC stone. Additionally, a 480-ft vinyl retaining wall with a maximum height of 6.0 ft will be constructed landward of the mean high water (MHW) along the southwestern edge of the parking area. An existing timber bulkhead that has failed in several places will be left in place on the waterside of the proposed retaining wall. An additional 200-ft vinyl retaining wall will be constructed near the center of the parking area to assist with storm water control. Boat ramps:--One double lane 66-ft x 30-ft boat ramp, two 61-ft x 8-ft floating dock, and a 20-ft x 46-ft concrete apron will be constructed in the southwest corner of the maneuvering area. Ramps will be constructed of concrete whereas the floating dock and fixed dock will be constructed of salt treated lumber. A total of 983 yd3 of material below mean low water (MLW) and 0 yd3 of material above MLW will be excavated during construction of the boat ramps and access channel. Excavation depths will not exceed existing depths in the river and existing channel. The existing depths in the channel are an average depth of 5.0 feet. The offshore water depths range from 0.5 to 3.5 feet. Approximately 124 yd3 of material (concrete slab, class A stone and No. 57 washed stone) below MLW and 253 yd3 of material above MLW will be used as fill beneath the launch ramps. On either side of the boat ramps and channel, a concrete breakwater will be constructed perpendicular to the shoreline. The breakwater will extend approximately 182 ft from shore along the south side of the ramps and channel, whereas the second breakwater along the north side will extend 95 ft from shore. Permits Required A State Dredge and Fill and CAMA major permit will be required prior to commencement of construction activities. Since approximately 0.01 acres of transitional wetlands will be impacted to complete the boating access area (1.59 acre), a 401 DWQ Certification may be required and is dependent upon review by the U.S. Army Corps of Engineers. Because total project disturbance will exceed one-acre, a sedimentation and erosion control plan will be submitted. Environmental Impacts from the Proposed Action Terrestrial:--Due to the disturbed nature of the site, impacts to terrestrial species will be negligible. As currently proposed, the project area will result in the alteration of approximately 6 68,040 ft2 of upland habitat to accommodate the maneuvering and parking area, which inc approximately 0.01 acres of transitional wetlands. Loss of this habitat will not reduce ava wildlife habitat on the project site. Currently, human activity in the project area includes t an existing beach and an unimproved boat ramp by the general public as well as a storage by NCDOT. Although increased human activity may affect some wildlife species, the spe most intolerant of human activity would not normally frequent the site during daylight hoi when human activity would be highest. AA uatic:--Shallow water shoreline habitat complexity useful as refugia for many i species will be reduced as existing shoreline habitat is removed to accommodate the boat and access channel. Approximately 983 yd3 of material will be excavated below MLW a: yd3 of material will be placed below MLW resulting in the physical loss of associated ber organisms and approximately 0.005 acres of SAV. Habitat characteristics of the project be modified as an upland riparian area approximately 10,087 ft2 adjacent to North River i with crusher run stone and concrete ramps. Turbidity and sedimentation in the vicinity o: ramp will exist during construction. Localized turbidity will persist after project complet boat traffic increases in this area. Noise:--Noise levels will increase as construction equipment (bulldozer, backh, dragline, paving machine, steel roller and motor grader) is used to complete the access However, such adverse impacts will be short-term and will not exceed levels currently construction sites utilizing similar equipment. Socio-economic:--Socio-economic impacts of the project site are generally regal positive since availability of the access area will result in greater use of commercial bus in the immediate vicinity. The demand for additional access areas to the Intracoastal W and surrounding sounds is increasing; thus, opposition to the proposed project is considf minimal. Mitigation for Unavoidable Environmental Impacts Terrestrial and Aquatic Resources:--The project site has been previously distul direct environmental impacts will be minimal. Approximately 10,087 ft2 of riparian h be removed to accommodate the construction of boat ramps and a maneuvering area. Construction of the adjacent parking area will result in the grading of 57,953 ft2 of up] that has been previously impacted. Due to the lack of other alternatives, the proposed the boat ramps will impact approximately 0.01 acres of transitional wetlands. The exi timber bulkhead has failed in several places allowing wetland species to establish behi bulkhead will be left as is, which will protect the existing wetlands and has the potenti an additional 0.05 acres water ward of the proposed retaining wall. of 124 to will filled the Dn as on as d, so the itat will d area cation of ng l it. This to create The placement of erosion control stone beneath the boat ramp will. provide har substrate not presently available in the project area. These areas may be colonized to some exte t by various aquatic organisms tolerant of the characteristics of the altered habitat. Small fi h species may also utilize the stone riprap as cover from predators. In order to protect adjacent waters from degradation due to storm water runoff, the maneuvering area will be sloped away from the concrete ramp. Excess runoff during torm 7 events from the maneuvering area will be sent via sheet flow to a grassed swale in the center of the parking area. Runoff from the parking area will be either absorbed by a 6 in. layer of crusher run stone or sent via sheet flow to grassed areas in the center of the parking area, along the northern edge of the parking area, and on the northern corner of the property. During construction, silt fences will be used around the project area to prevent sediment deposition into adjacent wetlands and surface waters. Steps will be taken to establish a no-wake zone within 50 yards of the access area to minimize localized turbidity after project completion. In order to assure the proper placement of the launch ramp and appropriate launching depth, 983 yd3 of material will be excavated below MLW. Excavation depths will not exceed existing depths of adjoining channels. This activity will temporarily increase turbidity in and downstream of the project site. In addition, approximately 0.005 acres of SAV will be impacted by the construction of the launch ramp; however, its location and angle of the ramp has minimized this acreage. Although a significant impact to SAV is not expected, NCWRC is currently investigating mitigation through a habitat restoration project with the North Carolina Coastal Federation grant program. Summary NCWRC is proposing construction of a new boating access area located approximately 4 miles south of Otway on SR 1335 in Carteret County. Approximately 68,040 ftz of upland habitat will be altered to accommodate the proposed access area. The project site has been previously disturbed, so the direct environmental impacts will be minimal. There are approximately 0.26 acres of coastal marsh and possibly 404 section wetlands on the proposed site and some SAVs in the vicinity of the proposed boat launch. Due to the lack of other alternatives, the construction will impact approximately O.Olacres of coastal marsh and 0.005 acres of SAVs. Total area to be excavated during construction of a double lane concrete launch ramp, two floating docks, an access channel, and two vertical breakwaters include 983 yd3 below MLW and 0 yd3 above MLW. Fill material beneath the launch ramps will include 124 yd3 below MLW and 253 yd3 above MLW. The maneuvering area and parking area will be sloped and graded with 6 inches of crusher run stone. A 483-ft vinyl retaining wall will be constructed landward of MHW along the southwestern edge of the parking area. An existing 193- ft timber bulkhead will be left as is on the waterside of the proposed retaining wall. An additional 200-ft vinyl retaining wall will be constructed near the center of the parking area to assist with storm water control. Access to the site will be directly from SR 1335. Benefits from the access area include increased public recreational opportunity on North River, Back Sound, The Straits, Core Sound, the Intra-coastal Waterway, and the Atlantic Ocean. Currently, the proposed access area is used as a beach and unimproved boat access by the general public as well as a storage area by NCDOT. Use of the access area will benefit the local economy as fishermen and recreational boaters patronize commercial businesses in the vicinity of the project area. Although the project could have adverse impacts on aquatic and terrestrial resources, such impacts will be minimized through effective erosion and sedimentation control measures and the proper routing of storm water runoff. Finding of No Significant Impact Project: NCWRC Boating Access Area on North River The North Carolina Wildlife Resources Commission (NCWRC) is plan ing to construct a new boating access area on the North River, Back Sound, The Straits, and Core Sound in Carteret County (please refer to the EA and th proposed construction drawings for details). Based on the findings of the EA, the NCWRC believes that there will be no significant adverse effects. Benefits from the access area include increased public recreational opportunity on North River, Back Sound, The Straits, Core Sound, the Int a- coastal Waterway, and the Atlantic Ocean. Currently, the proposed access area is used as a beach and unimproved boat access by the general public as ell as a storage area by NCDOT. Use of the access area will benefit the local e onomy as fishermen and recreational boaters patronize commercial businesses in the vicinity of the project area. Although the project could have adverse im acts on aquatic and terrestrial resources, such impacts will be minimized thro gh effective erosion and sedimentation control measures and the proper rou ing of stormwater runoff. An Environmental Impact Statement (EIS) is not necessary and will) not be prepared. MEMORANDUM OF UNDERSTANDING BETWEEN N. C. Wildlife Resources Commission AND N. C. Department of Transportation 1. AUTHORITY This MEMORANDUM OF UNDERSTANDING is entered into by and between the North Carolina Wildlife Resources Commission, acting by and through its Executive Director, hereinafter called the COMMISSION, and the North Carolina Department of Transportation, acting by and through the Secretary of the Department of Transportation, hereinafter called the DEPARTMENT. II. INTRODUCTION WHEREAS, the COMMISSION plans to develop a public boating access facility at the west end and south side of the SR 1335 bridge to Harker's Island, in Carteret County, and WHEREAS the DEPARTMENT owns the said property, NOW, THEREFORE, the parties hereto agree as follows: III. TERMS A. THE COMMISSION SHALL: 1. Be responsible for planning and designing the boating access facility. 2. Acquire all necessary permits to develop this site into a public boating access area. 3. Construct, operate, and maintain the boating access area. B. THE DEPARTMENT SHALL: 1. Permit right-of-way encroachment by the COMMISSION for developing access roads, parking area and boat launching ramps at this site. 2. Remove DEPARTMENT owned stockpiled materials from the site. IV. By: Title: Date: By: Title: Date: C. IT IS MUTUALLY AGREED THAT: 1. Following development, this site will function as a public boat launching facility and be added to the COMMISSION's boating a cess facility inventory. 2. 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BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 26, 2001 Regulatory Division Action ID No. 200100361 North Carolina Wildlife Resources Commission 1720 Mail Service Center Raleigh, NC 27699-1720 Dear Sir: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), that provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received January 22, 2001, for Department of the Army authorization to construct a public boating access which includes the construction of a boat ramp, bulkhead, breakwater, parking area, and dredging of an access channel on the northwest side of the Harker's Island Bridge, north or Harker's Island, Carteret County, North Carolina indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. A C Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act, has been assigned Action ID No. 200100361 and will be coordinated by the undersigned in our office available at telephone (910) 251-4829. Sincerely, Lillette Moore, Biologist Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. David Rackley National Marine Fisheries Service NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. Garland Purdue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division 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 Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 26, 2001 Regulatory Division Action ID No. 200100361 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: Reference the application of the North Carolina Wildlife Resources Commission for Department of the Army authorization and a State Water Quality Certification to construct a public boating access which includes the construction of a boat ramp, bulkhead, breakwater, parking area and channel dredging on the northwest side of the Harker's Island Bridge, north of Harker's Island, Carteret 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 Section 10 of the Rivers and Harbors 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 March 26, 2001, the District Engineer will . deem that waiver has occurred. i Questions or comments may be addressed to the undersigned, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4829. Sincerely, At& %? Lillette Moore, Biologist Wilmington Field Office 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 North Carolina LTI??? Department of Environment and Natural Resources • Division of Coastal Management r? Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Donna D. Moffitt, Director March 28, 2001 MEMORANDUM TO: Tere Barrett - DCM, Morehead City r " i• '7 ' i } Lillette Moore, COE, Wilmington Mike Marshal, DMF, Morehead City Gina Brooks, DEH, Morehead City 4 Joann Steenhuis, DWQ, Wilmington John Dorney, DWQ, Raleigh FROM: Doug Huggett SUBJECT: Revised permit application by N.C. Wildlife Resources Commission (NCWRC) for Straits Landing boat launching facility, Carteret County Attached pleasefind a revision to the referenced project. The project was originally submitted for your review and comment in early January of 2001. The NCWRC has since determined that a redesign of the project is necessary to satisfy stormwater regulations (see attached 3/22/01 letter from Ms. Shannon Deaton of the NCWRC), and the attached workplan drawings reflect the new design. In that each of your agencies either commented on or has direct regulatory authority over the proposed project, I wanted to give you the opportunity for additional review and comment. I would therefore like to request that any comments or concerns that you may have on the revised design be submitted to this office no later than April 23, 2001. Please let me know if you have any questions or require additional information on the revised proposal. Thank you for your additional attention to this matter. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX:'- 919-733 - 495 Tnfe:rnv ?l Ag V ,P,nr;state.nc.us AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER- 5 0°1' REC4Ydil15 l 1f .POST CONSUMER PAPER ' 21' North Carolina Wildlife Resources Commission f DENR- Division of Coastal Management Attn: Doug Huggett 1638 Mail Service Center Raleigh, 27699-1638 Charles R. Fullwood, Executive Director Division of Engineering Services March 22, 2001 rW, MAR 22 ?h1 COASTAL MANAGEMENT Re: NCWRC Straits Landing Proposed Boating Access Area Carteret County on North River Dear Mr. Huggett: Due to the extensive design required to accomplish a high density development that meets current Stormwater regulations for the proposed boating access area on North River in Carteret County, a less optimum low density design is being submitted as a revision for our CAMA Major Permit. Please find enclosed five copies of the revised plats. There are several modifications that have been made to the design plats and are noted below. • The description of the planned development: Construction of a free boat launching facility, which includes: 2 single lane concrete launch ramps, one floating courtesy dock, two fixed docks, a crushed stone maneuver and parking area. • The two single lane concrete launch ramps will be 15 feet wide each. • The floating and fixed docks extend 57 feet from MHW which is not a modification from the previously submitted design. • Since the double launch lane has been modified to two single lanes with a floating dock in the center, the excavation below MHW has been increased to 1,276 cubic yards. • Due to the design modification, the retaining wall within the parking area has been omitted. The length of this wall was approximately 200 feet. • The length of the retaining wall averaging a distance of 30 feet landward of MHW is approximately 550 feet long. • The concrete walkway within the 75 foot AEC and 50 foot buffer has been omitted. • The total size of area to be graded has been slightly reduced to 1.54 acres. • The revised percentage of impervious tract within the AEC has been reduced to 18%. • A revised Stormwater Management Plan was submitted for review on February 23, 2001 and does not include the modifications listed above. The appropriate personnel will be notified of these changes. • A Sedimentation and Erosion Plan was submitted for review on March 8, 2001, but does not include the modifications listed above. The appropriate personnel will be notified of these changes. If you have any questions or concerns, please contact me at (919) 715-3155 ext.295. Sincerely, Shannon L. Deaton Enclosures SLD/sld DIVISION OF ENGINEERING SERVICES Mailing Address: 1720 Mail Service Center • Raleigh, NC 27699-1720 Office Location: 512 N. Salisburv Street • Raleigh. NC • Teleohone: (919) 't ;-3155 • Fax : (919) 715-2380 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 IN REPLY REFER TO WILMINGTON, NORTH CAROLINA 28402-1890 February 27, 2001 Regulatory Division Action ID No. 200100361 Mr. Doug Huggett 6 Division of Coastal Management North Carolina Department of Environment and Natural Resources ?r 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of the North Carolina Wildlife Resources Commission for a Department of the Army permit to construct a public boating access which includes the construction of a boat ramp, bulkhead, breakwater, parking area and channel dredging on the northwest side of Harker's Island Bridge, north of Harker's Island, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. All backfill materials will be obtained from a high ground source and confined landward of the permitted bulkhead. 3. No excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. 4. All excavated materials will be confined above mean high water (MHW) elevation contour and landward of any regularly or irregularly flooded vegetated wetlands. 5. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 6. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 7. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 8. Excavation will not exceed 5 feet below the elevation of mean low water (MLW). 9. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 10. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the.United States in the public interest. 11. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 12. The permittee shall comply with the attached list of United States Coast Guard Regulations. 13. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. 14. It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 15. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 16. Authorized structure and associated activity will not cause an unacceptable interference with navigation. 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. No wet cement is to be poured below the mean high water contour line. All portions of the ramp to be constructed below this line must first be poured and cured on high ground. 19. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 20. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4829. Sincerely, Lillette Moore, Biologist Wilmington Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Water Quality Section North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley National Marine Fisheries Service NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 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. C. Robert Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 27405-3845 Mr. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza 11, 151-B Highway 24 Morehead City, North Carolina 28557 Commanding Officer U.S. Coast Guard Marine Safety Office Wilmington 1502 North 23"' Street Wilmington, North Carolina 28405 COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington zone. This list is not all inclusive. We encourage dredge companies to schedule a meetin- with members of the USCG staff, in order to be provided amplifying information or answers to anv questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's UTV Voluntary Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG staff at (910) 815-4895, extension 108, to coordinate a meeting or dockside exam. 1. Lights on dredge pipelines (33 CFR 88.15) 2. Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) 5. Special Marks (33 CFR 62.3 1) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1) 11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118) l%k O • ?I V Y • 4* ,?..yy ? Q • r rl . ? tj 1 • p-4 - U ?I 4r?. VV r, -?? t. U . r, t CC3 M C'? V o ? 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