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HomeMy WebLinkAbout20070079 Ver 1_CAMA Application_20070116~~ ,~ ~' 2vQ ~`v~ 7g ~~~_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 11, 2007 MEMORANDUM: 3434 TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett "~ ~"~~y ~-°~ ~ 1~,= Major Permits Processing Coordinator I n, , y M SUBJECT: CAMA/DREDGE & FILL Permit Application Revi~~-I„~ ~;;~, ~~~~ ~ r ;;,;~ ;;~~, ~~ ~~,"'~,~'k9R,Ar~;;tt Applicant: Joseph and Tami Thompson, Sunset Village Channel Ext. Project Location: End of Lands End Way off Sunset Strip Road (SR 1242), Frisco, Dare Co. Proposed Project: Maintenance dredge existing channel, hydraulically dredge new channel in the Pamlico Sound, transplant SAVs Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/01/07, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact John Cece at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments . SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2 p p 7 p ~ 7 8 s 1. APPLICANT'S NAME: Joseph Thompson, Sunset Village Channel Extension 2. LOCATION OF PROJECT SITE: At the end of Lands End Way off Sunset Strip Road (SR 1242) in the Sunset Village subdivision, Frisco, Dare County and the Pamlico Sound Photo Index - 2006: 172-7876 (R19, R20, P21, 020, N19, M18)) 2000: 172-2017 (S19, R20, S20, R21, P22, 021, N20, M19) 1998: 34-761 (F11, F12, F13, F14, D16, C15, B14, A13) 1995: 172-1761 (R18, R19, P20, 019, N18, M17) 1989: 5-199-2 (N8, N9, L10, K9, J8, I7) 1984: 146-378 (F4, F5, F6, D7, C7, B6, AS) State Plane Coordinates - X: 3007296 Y: 558812 Rover File: C010416A USGS Map: Hatteras (LR) and Cape Hatteras (UL) 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 2007 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - December 1, 2006 Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County, 2003 Update Land Classification From LUP -Limited Transition (DCM Areas of Environmental Concern are classified as Conservation) (B) AEC(s) Involved: Estuarine Waters, Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Not applicable Planned - Not applicable (F) Type of Structures: Existing - None Planned - None (G) Estimated Annual Rate of Erosion: Not applicable Source - Not applicable 7. HABITAT DESCRIP TION: [AREA, s .ware feet (SF)] (A) Shallow water habitat / Estuarine Waters / Public Trust Area 47,490 SF None 2,482 SF (SAV transplanting) (B) Uplands None 29,050 SF None Field Investigation Report Thompson - Sunset Village, Frisco in Dare County Page 2 (D) Total Area Disturbed: 79,022 SF (1.81 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Shellfishing Shellfishing Open: Pamlico Sound - yes Sunset Village canal - no 8. PROJECT SUMMARY: The applicant proposes to conduct maintenance dredging of 239 feet of existing channel and hydraulically dredge a new channel in the Pamlico Sound 1,344 feet long and 30 feet wide. Upon completing the new channel, approximately 1,750 feet of the existing channel will be abandoned and a 2,482 SF area of SAVs will be transplanted. NOTE: A document titled "Environmental Assessment - Sunset Village Channel Extension," dated July 18, 2005 has been prepared by Environmental Professionals, Inc. that was submitted to the Division of Coastal Management for review has recently received approval from the North Carolina Department of Environment and Natural Resources (DENR). Project Setting The Sunset Village subdivision is located at the end of Lands End Way, approximately 1,400 feet northwest of the intersection of NC 12 and Sunset Strip Road (SR 1242) in Frisco, Dare County. The subdivision contains 17 lots, which are bisected by a canal that is 400 feet long, 35 feet wide, and oriented in an east-west direction. The canal connects the Pamlico Sound to a boat basin that is approximately 300 feet long and 70 feet wide. The basin contains numerous boat slips and a boat ramp on its eastern end. The boat basin has been bulkheaded, but the canal's shoreline has not been hardened. The existing channel, originally authorized by Major Permit #50-92, begins at the mouth of the canal and proceeds west across approximately 400 feet of the sandy shallows of the Pamlico Sound and then turns north and extends for 1,500 feet. The water depths in the existing channel are 2.5 - 4.3 feet. The proposed channel also starts at the mouth of the canal but extends west only 250 feet. The proposed alignment then turns north for 150 feet and then northeast for 1,150 feet. The existing water depths along the proposed channel alignment are 1.9 - 3.5 feet. As depicted on the attached drawings, an extensive bed of SAVs containing Widgeon Grass (Ruppia maritime) and Eel Grass (Zostera marina) is located in and around the existing channel but only a small area of SAVs approximately 2,482 SF in size is located in the proposed channel alignment. The location of the proposed channel has been selected to minimize the destruction of SAVs that will occur during the proposed dredging operations. The western boundary of the lot immediately north of the canal contains an area of Coastal Wetlands vegetated with Salt Grass (Distichlis spicata) that extends into an area of U.S. Army Corps of Engineers Section 404 wetlands further eastward. The southern boundary of this lot contains uplands that stretch almost the entire length of the canal. Field Investigation Report Thompson - Sunset Village, Frisco in Dare County Page 3 The proposed dredge spoil disposal area will be located in an upland area approximately 400 feet northeast of the boat basin that forms a natural depression. The western portion of the disposal area is vegetated with mowed weeds and indigenous grasses. The eastern portion of the disposal area contains an existing borrow pit approximately 2,625 SF in size. The eastern edge of the borrow pit is bordered by Live Oaks (Quercus virginiana), Wax Myrtle (Myrica cerifera), and Loblolly Pine (Pinus taeda). U.S Army Corps of Engineers Section 404 wetlands are located both north and south of the proposed spoil disposal area and Division of Coastal Management Coastal Wetlands containing Black Needlerush (Juncus roemerianus) are located north of the area, but none of these wetlands will be affected by the proposed development. The western half of the proposed dredge disposal area is located in a VE (Elevation 9) Zone, while the eastern half of the disposal area around the existing borrow pit is located in an AE (Elevation 8) Flood Zone. Elevations across the subdivision range from zero along the shores of the Pamlico Sound to approximately six feet in the middle of the subdivision. The area located between the boat basin and the spoil disposal area is comprised of a dirt/gravel driveway and developed lots containing large single-family residences. Project Description The applicant proposes to conduct hydraulic maintenance dredging of 239 feet of existing channel and then dredge a new channel in the Pamlico Sound 1,344 feet long and 30 feet wide. The existing water depths in the proposed channel alignment are 1.9 - 3.5 feet and dredging to the final proposed channel depth of 4.5 feet will create approximately 3,420 cubic yards of dredge material. The dredge spoils inflow pipe will exit the Pamlico Sound and cross Coastal Wetlands and U.S Army Corps of Engineers Section 404 wetlands before reaching uplands on the southwest corner of Lot 15, the lot immediately north of the existing canal. Approximately 450 feet of pipe will be placed along the southern boundary of Lot 15 and then another 650 feet of pipe will wind east through the subdivision to the eastern edge of the proposed dredge spoil disposal area. Approximately 600 feet of outflow pipe will be required for the effluent to exit the southern edge of the retention area and head west where it will discharge into the boat basin. The applicant has proposed to construct a 29,050 SF spoils retention site by scraping 0.7 feet of material from the area to create berms that will be approximately 10 feet wide and 5 feet tall. The proposed spoil retention area will have a capacity of approximately 5,272 cubic yards and will be constructed with a baffle wall in the middle to increase retention times and reduce effluent turbidity. The retention area will also enclose the existing borrow pit to further increase retention times. Field Investigation Report Thompson - Sunset Village, Frisco in Dare County Page 4 Upon completing the new channel, approximately 1,750 feet of the existing channel will be abandoned and the 2,428 SF of SAVs in the proposed channel's location will be transplanted into the existing channel. This requirement has been placed on the applicant by the North Carolina Wildlife Resources Commission in a letter dated October 16, 2006 (see attachments) and is included in the SAV mitigation plan submitted by the applicant. 9. ANTICIPATED IMPACTS It is anticipated that the proposed project will cause the following impacts: • The proposed dredging will result in the disturbance of 49,972 SF (1.15 acres) of Estuarine Waters/Public Trust Areas and the removal of 3,420 CY of sandy material from the bottom of the Pamlico Sound. • The proposed mitigation requires the applicant to transplant the SAVs located in the proposed channel alignment into the existing channel's location; therefore no SAVs should be destroyed by the proposed dredging operations. • The construction of the proposed dredge spoil disposal area will result in the disturbance of 29,050 SF of upland area and the filling of an existing 2,625 SF borrow pit. • The dredging will result in the temporary increase in turbidity of the open waters of the Pamlico Sound and the Sunset Village boat basin. • A review of available maps indicates that no archaeological resources are located on or near the subject property. Site D6 is located approximately 3,000 feet south of Sunset Village and Site Dr31 is located approximately 2,500 feet southeast. Submitted By: John Cece Jr. Date: January 10, 2007 MAJOR PERMIT FEE MATRIX Applicant• JOSEPH & TAMI THOMPSON; SUNSET VILLAGE CHANNEL EXT. Selection Development Type Fee DCM % DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) . can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ~ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that involves the filling andlor $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: ~t CAMA MAJOR NARRATNE SUNSET VILLAGE CHANNEL EXTENSION ~~'~ ~' .~ 2OO6 CtJ~457'~f Ntly Applicant: Joseph E. Thompson El_iZl~E~tTH C~T~~NT Tami J. Thompson Site: Sunset Village Subdivision Frisco, NC NC SR 1242 Sunset Strip Project: Maintenance Dredge 239.1 LF X 30 Feet of an existing channel Dredge 1344 LF X 30 Feet of new channel Create spoil disposal area Joseph and Tami Thompson own the subject property and Mr. Thompson is the contact for the proposed project development. The area subdivision is known as Sunset Village which consists of 17 lots and two tracts. The development activity detailed here includes dredging and dredge spoil disposal. The project proposes a 1,344 LF ft realignment of a portion of the existing approved access channel to reduce impacts to the submerged aquatic vegetation (SAV) in the vicinity of Sunset Village. It also includes maintenance dredging of 239.1 LF of the existing approved channel. The purpose for realignment of the remaining portion of the existing channel is to avoid extensive SAV impacts to the maximum extent possible. Current water depths average from -1.5 to -3 feet MLW, rendering passage across this vicinity hazardous to watercraft and passengers. The realigned channel will provide safe navigational access to the Pamlico Sound and it will be available for the residents of Sunset Village, the surrounding residential areas and other boating interests in the Frisco area. Mitigation: A 9,475 SF area of the existing channel will be abandoned (no future dredging) and planted with SAV's to mitigate for negative SAV impacts created by the new channel alignment. Please see the approval in the attached letter from WRC dated October 16, 2006. The channel alignment has been revised from the original CAMA major application to reflect an alignment that avoids the SAV areas to the maximum extent possible and has resulted in a 95.2 % reduction in SAV disturbance. An environmental assessment (attached), consistent with NC SEPA requirements, has been prepared, reviewed, revised, and has been approved for submittal to the State Clearinghouse. Spoil Dewatering and Containment Area- The spoil dewatering and containment area is approximately 29,050 square feet, located on Tract 2-A, owned by Mr. Thompson. This area currently exists as an established lawn and is surrounded on all sides by uplands. The spoil disposal area Currently exists as a bowl-shaped feature, requiring minimal excavation and grading (approximately 0.7 ft of excavation), needed to create dike walls and convert the site into a spoil dewatering and containment area. The approximately 0.7 ft of upland excavation is required to deepen the existing depression and the material will be used to create the dike wall, 10 feet wide at the base and 4.9 feet high, to be constructed along the perimeter of the containment area. The spoil containment area will hold the approximately 3420.3 CY of dredged material at an estimated depth of dewatered spoil of 3.18 ft. The spoil containment area will be engineered to hold well over the volume needed (29,050 sf of containment X 4.9 ft height = 142,345 CF = 5,272 CY capacity) to hold the 3420.3 CY of dredge spoil with sufficient freeboard. The containment system will utilize inlet and outlet pipes as is typically used in hydraulic dredging projects. The Areas of Environmental Concern (AEC) shown on the attached plat depict no impact on the northern shoreline areas of the site. The AEC onsite to the southwest shows the proposed inlet and outlet pipes on uplands adjacent to the canal and boating facility. The proposed inflow pipe goes from the intake, runs parallel to the canal, and turns to the northeast near the boating facility to the primary spoil disposal area. The outflow pipe will collect the settled dewatered effluent from the secondary settling area and run it parallel to the inflow pipe as shown to outfall into the canal. Areas surrounding the spoil area contain Live Oaks (Quercus virginiana), Wax Myrtle (Myrica cerifera), and Loblolly Pine (Pinus taeda). Areas of Army Corps of Engineers §404 jurisdictional wetlands and coastal wetlands as defined by the North Carolina Division of Coastal Management exist on the parcel. The spoil settling, dewatering, and effluent system (as presented in detail in the approved Environmental Assessment) will utilize the secondary settling area for further settling/clarificationprfor to discharge. PROPOSED CHANNEL The proposed realignment of the existing route (and purpose of the revised Environmental Assessment and this revised CAMA Major application) reduces the access channel length from a previous total of 2,030 LF to 1,583.1 LF. This realignment also reduces the area of SAV habitat excavation from 51,200 square feet down to 2,482 square feet, resulting in a 95.2% reduction in SAV habitat impacts from the original proposal. The channel width and depth requested is the minimum needed to navigate safely because of the frequent crosswind conditions and will be created at the minimum distance required to allow passage of two boats of the size and width common to the use of the basin. The area is also greatly influenced by wind tides and therefore, a 4.5 ft depth will allow for reliable navigation during most conditions and will allow for a reduction in maintenance excavation frequency. Based upon these on-site investigations and SAV mapping, the area of proposed dredging has been realigned to minimize area disturbance of the submerged aquatic vegetation and those species living within the areas of submerged aquatic vegetation. This realignment will shorten the overall dredging length to 1,583 linear feet (239.1 feet of current approved access channel, and 1,344 feet of realignment and new dredging). The planned area for dredging includes maintenance dredging of a 239.1 LF portion of the existing approved access channel. At this point, the new channel would turn northward for 180 feet to avoid the SAV extensive habitat. A 9,475 SF area of the existing channel will be abandoned (no future dredging) and planted with SAV's to mitigate for negative SAV impacts created by the new channel alignment. The new channel then turns north-northeast following a straight course through the narrowest portion of the SAV bed (approximately 50-55 ft wide) located at latitude/longitude coordinates N 35d 14' 29", W 75d 37' 42". The channel will continue through another sparsely vegetated area to end at the connecting depth of - 4.5 ft MLW at latitude N 35d 14' 33", longitude W 75d 37' 40". This re-aligned course will reduce the SAV habitat impacts by 95.2 per cent over the previously requested channel alignment. It will also redirect all boating traffic away from the SAV habitat to the north and northwest,of the canal. The near-shore aquatic environment in this vicinity receives significant wind-generated wave energy and is subject to minor lunar tidal fluxes, but influence is dominated by wind tides. The 2,482 SF area of SAV habitat to be excavated supports patchy SAV stands consisting mainly of widgeon grass (Ruppia maritima) and eel grass (Zostera marina). The area adjacent to the shoreline is commonly utilized for swimming, windsurfing and kitesurfing activities. The proposed channel is designed to avoid these areas for increased safety of the recreational users of the water body. Environmental Professionals, Inc. Edited 11/30/06 LIH Form DCM-MP-1 1. APPLICANT a. Landowners: Name Joseph and Tami Thompson Address PO Box 890 City Avon State NC Zip 27915 Day Phone 252-995-3313 Fax 252-995-6031 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 252-441-0239 Fax 252-441-0721 c. Project name (if any) Sunset Village Channel Extension NOTE.• Permit will be issued in mm~e of landowner(s), and/or project name. APPLICATION (To be completed by all applicants) k SEC ~ ~ Zoos ~~~~t. .~~~ r~ ~ ~~~~n~~ rl ~ b. City, town, community or landmark c. Street address or secondary road number Land End Way off of NCSR 1242, Sunset Stri~_ d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound, Man-made canal a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Maintenance dredge 239.1 linear feet of existing access channel, dredge 1344 LF access channel, and create spoil disposal, dewatering area. b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be for public, private or commercial use? private and community 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. SEE ATTACHED NARRATIVE 2. LOCATION OF PROPOSED PROJECT a. County Dare Revised 03/95 _y, ~~~~ Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 9.25 acres ~E~ ~ ~. 2006 ~;~ASr~,~ I+FA~~~~n~EN~ ~LI~~~ET'H CI.1' m. Describe existing wastewater treatment facilities. Existine on-site septic systems n. Describe location and type of discharges to waters of b. Size of individual lot(s) Lot 15 1.42 acres the state. (For example, surface runoff, sanitary Tract 2-A 7.83 acres wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff, c. Approximate elevation of tract above MHW or NWL dyed a spoil effluent 0-6 feet d. Soil type(s) and texture(s) of tract FrD-Fripp fine sand, CeA-Carteret fine sand, o. Describe existing drinking water supply source. OsA- Osier fine sand. Dare County water system, reverse osmosis derived e. Vegetation on tract Distchilis spicata, Quercus, virginiana, Juncus roemerianus, Myrica cerifera, Juniperus virginiana, Distchilis spicata f. Man-made features now on tract Canal, bulkhead, boat slips, residential homes, a cemetery. 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification Of the Site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? Residential zoning (S-1) Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) N/A j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? N/A Onsite cemeteries previously identified and protected 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 the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? Yes * *(See Attached JD) 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 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 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. oo,,:~o.r nvoc 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 SEE ATTACHED LIST Address Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NCDCM CAMA MAJOR #50-92 USACE Jurisdictional Determination Action ID #200510673; Jurisdictional Determination Action ID #200610124 11.17.05 • A check for $250 made 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. Please see attached approval in a letter from WRC dated October 16, 2006. a {~ °=Na ~ ~ ~~ am , ~3~~~,' m 2G~ - Pvr ~. ~t~qC~'~ 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 authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 5't This is the ~ day of .~--~ : , 2006. Print Name Louise I. Hanson ,,r,.; Signature ~'`~ ~~l-t,,'~- ~_ ..:1C'~ ~L~-;a~ ~/ Landowner or Authorize Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X 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 attaclTtrtent in the space provided at the bottom of each form. oo..;~p,~ nzio: 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 feet. Average Final Existing Project Leneth Width Depth Depth Access Channel Maintenance anG new Canal Boat basin Boat ramp Rock groin Rock (rip rap) breakwater Other-spoil site Excavation for dikf wall prior to spoi placement Other-fill to be placed on spoi: site ' 1583.1 (Total) 30' max (inc. side -2.4 MLW -4.5 MLW N/A -------- -------- -------- N/A -------- ------- ------- N/A -------- ------- ------- N/A -------- ------- ------- N/A -------- ------- ------- 200 ave 145 ave +1.5 +0.80 200 ave 145 ave +1.00 +4.25 ~= '^~ t, -e '~~1. .._ 7 Cir 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 3420.3 CY b. Type of material to be excavated Sand/silt c. Does the area to be excavated include coastal Wetlands, Submerged Aquatic Vegetation or other Wetlands? X Yes No 2482 SF SA v's unavoidable impacts as identified and addressed in the NC SEPA environmental assessment and plat. To be mitigated; please see correspondence attached d. Highground excavation in cubic yards Approx. 753 CY Minimal grading (0.7 ft) needed to enhance spoil containment area and construct earthen dike walls around the spoil site. Please see nan•ative for calculations. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Tract 2-A b. Dimensions of disposal area 39,840 sf available for placement of approx. 753 CY of upland excavation material for dike wall construction. Allows for 5272 CY of capacity within the 29,050 sf diked spoil area to hold the 3420.3 CY of dredge spoil. 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 location Revised 03/9 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? Yes X No £ Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION NIA a. Type of shoreline stabilization N/A Bulkhead Riprap b. Length N/A c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months N/A (Source of information) f. Type of bulkhead or riprap material N/A g• 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 I. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of 29,050 sf within the fill area proposed earthen dike. = 29,050 sf, area, at an estimated depth of dewatered spoil of 3.18 ft, the spoil area will be engineered to hold 5,272 CY of capacity. This results in 1851 CY OVER THE VOLUME NEEDED. Allows approx. 1.7 ft freeboard. ~~~ (1 "_ ~ ~~06 Excavation for dike wall construction prior to spoil placement will require approximately 0.7 ft of excavation. This will produce enough material for construction of an approximately 4.9 foot high, 10 ft wide at base dike wall at spoil site perimeter. (3) Purpose of fill Dike wall construction. Dredge spoil storage and dewatering area. b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No S. GENERAL a. How will excavated fill material be kept on site and erosion controlled? earthen dike at containment area and Silt fences as needed b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge, front end loader c. Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen Environmental impacts. Sunset Village Channel Extension Applicant or Project Name ~ ~- C ~ signature I ,~ -- 1 c:= C, Date Revised 03/95 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. An earthen diked area located in an uuland area of Tract 2-A to receive, store, settle, and dewater the dredgesoil from the proposed (uartially realigned) access channel dredging. b. Number of lots or parcels 2 c. Density (give the number of residential units and the units per acre) 1 unit existing on 7.82 acres. (0.13units per acre) d. Size of area to be graded filled or disturbed including roads ditches etc. An area of 39840 sf will be disturbed, and converted to approximately 29,050 sf within earthen dikes. The area is located in uplands of Tract 2-A. Purpose is to receive. store, settle, and dewater the approximately 3420.3 CY of dredge spoil from the proposed access channel dredging. Please see Narrative for detail e. If the proposed project will disturb more than one acre of land the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N/A - Less than one acre If Yes, date submitted f. List the materials (such as marl, paver stone, asphalt or concrete) to be used for paved surfaces. N/A ~. ~~ ~ }~`~~ t ~ ~~~ ~~ V $ 2006 ~'~tl S I~,~_ ~, ~;~ ~~G~~ 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? N/A Yes X No If yes, date submitted Describe proposed method of sewage disposal. N/A j. Have the facilities described in Item i. above received state or local approval? N/A (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Settled dredge spoil effluent will be aumped to the canal near the existing boating facility, at the southwestern site boundary. Other discharge will be surface runoff only 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare County water system m. Will water be impounded? Yes X No If yes, how many acres? N/A n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A Sunset Village Channel Extension A~icant or Project a e ~~ ~=~ -~ Signature c Date HATTERAS QUADRANGLE NORTH CAROLINA 7:5.IvIINUTE SERIES (TOPOGRAPHIC) MN. GN 9° 160 MILS 0°24' 7 MILS UTM GRID-AND 1983 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET ms shown in purple and woodland compiled by the ical Survey in~cooperation with State of Carolina agencies from aerial photographs L980 and other sources formation not field checked. Map edited 1983 '~:~~~ i ~ - ~ ~rZ ~, ~ ~ ~ > f! I 1__._ .~~__ _ _ .._ _..w _~ _..._,_ ~; .., -~ E;-~x- l~- '': ~ c' 7ri I 4r~ACaC~/I~i~,P` '~ CAPE HATTERAS JQUADRANGLE .NORTH CAROLINA-DARE CO ?.5 MINUTE SERIES (TOPOGRAPHIC) (, 13 040 000 FEET f 454 ~ 5°3 ,~----~-tea ~ ~ - < SCALE 1:24000 1 ~ 0 1 MI 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 .5 0 1 KILOMETER CONTOUR INTERVAL 5 FEET NATIONAL GEODETIC VERTiCAt DATUM OF 1929 SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN HIGH WATER THE AVERAGE RANGE OF TIDE IS APPROXIMATELY 2 FEET THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST 6 ! r rt x s ~~ ~u J r IF ~~ 3 ~I !~ , F ~ j A i ~ ~~ ~ ~ ~ ~~ ~ ~r.~T~,yaa ff ~ f'^ d ~, ~i~ F.n .'~Y/ ay Y.`py ~ yQ.~.~,i ~~ M`CJ 1 . ,. ... ~* c F t J c ~,. ., 7 ,_ i i _.. 1 .... -_ U.S. ARMY CORPS OF ENGINEERS -WII.,MINGTON DISTRICT ~ - r _ --- - A~ti~n ld.-ZOOSro673 .. .. .- C ._ .. _ . _ _ U:~:~.5 Qurad: --l~atter~s-_ _ --.._ _.. _ ._: _....... NOTIFICATION OF JURISDICTIONAL DETERNIINATIpN Property Owner/Agent: JoeThomnson ~ .r~C9 Address: Post Office Bog 68 Frisco. North Carolina 27936 ~~'~~ _, ~ 2006 ~~~ ~, ~ 20os Telephone No.: (2521995-3313 ~-•~-, ; ~. rr,; `%O~SY -~ ~~~`i„,_ ~r,~T~ACZEr~~iEt~ ~.1.1.Z~i ~ L~ ' ~ ~ C ~ ~1y Property description: .i9~~r 1 T s~e~ ~!~ Cl~' ]~ 1 ~ Size (acres) 7.83 Nearest Town Frisco Nearest Waterway Pamlico Sound River Basin Tar-Pamlico USGS HUC 03020105 Coordinates N 35.238728 W -75.625323 Location description A 7.83 acre tract adiacent to an unnamed tributary which flows into the Pamlico Sound located on the East side of Lands End Wav Road in Frisco Dare County North Carolina PIN# 050507782541 Indicate Which of the Following Apply: _ Based on prelimmnary information, there maybe wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements~of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. ..Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five yeazs. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 4/7/2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _._ _ _ There are no waters of the U.S., to include wetlands, present on the above described property which aze subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Page 1 of 2 . ~~ .. Y~ 1 w won I~''~~'O~rD673 ~A_... _. ~'~~~.._.. _.. _. __..~_~_.• __..._.__._.._.. ~~ "1?'1~c~ement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may con§tltute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Wescott at (2521975-1616 ext. 25 . Basis For Determination: This site exhibits wetland criteria as described in the Corps Wetland Delineation Manual and is cart of a broad continuum of wetlands connected to an unnamed tributary which flows into the Pamlico Sound. Remazks: Corps Regulatory Official: ' ~~ Date 04/07/2005 Expiration Date 04/07/2010 Copy Furnished: Environmental Professionals, Inc. Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200610124 County: Dare U.S.G.S. Quad: Hatteras NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Joe Thompson Address: Post Office Box 68 Frisco North Carolina 27936 Telephone No.: 252-995-3313 Property description: Y,.,, ~~ ®~~' n ~~ 2006 CA~4 L ~'~e~~ ~ G~~~Nr.. Cl~'y ~ ~.. ~:~ `~~ ~. `~ r 2006 ~~~ i~tE i{,~~~i ~ .r r~~.J..Ff i, ; Size (acres) 7.83 Nearest Town Frisco Nearest Waterway Pamlico Sound River Basin Pasguotank USGS HUC 03020105 Coordinates N 35.238728 W 75.625323 Location description Tract 2-A. Sunset Village Subdivision, Frisco. Dare Countv. North Carolina. Indicate Which of the FollowinE Anuly: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). _. - -- -- - T-here-ar~~iav~ga le Waters-o -the-Unite Sfiates-wrthin-the-a ove-descrr e p~o~p~rry sutiject to a"permifrequirements of - Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 11/18/2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification, _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Page l of 2 ~. ~:• ~`~ ~~ ;,~A•r };: ~ ,Action Id. 200610124 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tom Steffens at 252-975-16168 25. Basis For Determination: This site exhibits w_ettand criteria as described in the 1987 Coros Wetland Delineation Manual and is Hart of a broad continuum of wetlands directly connected through an unamed tributary of the Pamlico Sound. Remarks: This JD com letes a artial mad b i m scoff ACE Id # 200510673 on this site dated. 04/07/2005 Corps Regulatory Official: , Date 11/I7/2005 Expiration Date 11/17/2010 Copy Furnished: Kendall Turnage, Environmental Professionals Inc. - , r .. ~. l ~\ o ~ ~r\ N ~, ~i~, f ~. ~~/ .~~i~ ~ -o - `~/~`Ij~ A - ~. ~ f f/l,~/, - ~~, ~~~ - ~~1~~ ~,,i?~~~ ~~`, i,~`,, ~~~ . ~~~y ti';.t .,:~ ,:~ { a:l. ,:: ,'~': ~~~ • 3 ~ . ~' i~'~ a t~; ~ O ~ t ~Q: ~ . ~r ~ ~ /~;,1, O w ~,{. o ~ w w~ ~ I H ~II '~ - ~ ' a~ ~~ / ,~ ~, -~ ~, . ~ ~ o ~ ~ -~ ~ ~~ W ~ - , °' •v ~, .~ .~ a~ o -~ 3 ~ ~ . ~~~ ~. a~b ~ . ~ ~ 'o '~ ~" . °° ~ ~ ~ ~ ~ \~, ~_ ~ /, n I ~ ! ~ ~~ ~ ~+ \ o ~ /~ ~ ~ N -'"~ ~~ O „~ tsl % ~ a C)`.,y .x A ~ 3'. ~° ~~ . ~. b 0 ~ ;-~, ~..., ._- . N -. Q x ,, . F~-i Q r" Uhl aWa w 6 . Y~,~x a,, ~,r P I ~ ~~ ~ ,~ 4 ~A r.; ~, n , `,-- ~~'~ ~ ~ ,~~~r~ '~ ' 4Y t~! 4 r~ ~~{se^~rya~r ~~~ al.~ •t.~. ~•~~: ~•~. +.•, ~~ f ~ .~•'. N Z >~- C.) N ~.O W ,~ W ,d , ~~ . _ ~ K~ ~~ v . ~' .a Q~ ~ ~~.u Q Q ~. . 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