HomeMy WebLinkAbout20052066 Ver 3_CAMA Application_20060809oS - ~c~~ V3
~~~
~~_
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
August 7, 2006
MEMORANDUM:
TO: Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett ~ ~ ~ ~ ~ " ~ O
Major Permits Processing Coordinator AU G ~ 9 2006
SUBJECT: CAMA/DREDGE & FILL Permit Application Review UENR -WATER QUALITY
VYETIANDS AND STORMWATER BRANCH
Applicant: Corolla Bay, LLC and Corolla Soundside, LLC
Project Location: NC Highway 12 in Corolla, Currituck County
Proposed Project: Bulkhead fronted by riprap, two docks terminating in platforms covered with gazebos
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by d$/28%OG,~ to~~r400~Comnar'ce ;Aveuue;M~rehea~Qxty NC 28557. If you have any
questions regarding the proposed project, please contact John Cece at (252) 264-3901. 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
i FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Corolla Bay LLC
2. LOCATION OF PROJECT SITE:
un-numbered parcels west of NC Highway 12 in Corolla, Currituck County
Photo Index:
2000: 201-2195 (K12-18, L12-20, M12-20, N12-16 and 19-20)
1998: 45-1145 (E9-11, F7-13, G7-17, H7-18, I7-18)
1995: 201-2108 (K17-19, L16-21, M16-24, N16-24)
1989: 1 39-29 (D3-5, E3-6, FS-12, G6-12, H8-12, I9-11)
1984: Not available
State Plane Coordinates - X: 2934000 Y: 961600
Rover File: C081815A (2005) USGS Map: Mossey Islands (UL)
3. INVESTIGATION TYPE: CAMA and Dredge and Fill
4. INVESTIGATIVE PROCEDURE:
Dates of Site Visit - August 18, 2005 /January 19, 2006 /June 9, 2006
Was Applicant Present - Yes / No / No
5. PROCESSING PROCEDURE: Application Received Complete - July 31, 2006
Office -Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County Land Use Plan, 1990
Land Classification From LUP - Limited Transition
(B) AEC(s) Involved: Estuarine Water, Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -None
Planned - See Project Description below
(F) Type of Structures: Existing - None
Planned - Bulkhead with riprap, elevated walkways, two
piers
(G) Estimated Annual Rate of Erosion: 5.5 feet
Source - Applicant
7. HABITAT DESCRIPTION: (Area in square feet (SF)J
(A) Estuarine Water/
Public Trust Area 8,937 SF
~_ ~ t~ ~ None 1,760 SaaF
d ` ~ T
(B) Estuarine Shoreline 7,15 S None 360 SF ~ . 0 (~
(C) Estuarine Shoreline/
Coastal Wetlands/ Section
404 Wetlands None None 540 SF
~ ` r~ ~ 2
t~
Field Investigation Report
Corolla Bay, Corolla, Currituck County
Page 2
(D) COE 404 Wetlands See Project None None
Description
below
(E) Total Area Disturbed: 7,150 SF (.16 acres)
(F) Primary Nursery Area: No
(G) Water Classification: SC Open: No
8. PROJECT SUMMARY:
The applicant proposes to construct the following:
• Approximately 715 feet of bulkhead fronted by 7 feet of riprap.
• Two docks 80 feet long and 6 feet wide terminating in 20-foot by 20-foot platforms
partially covered with gazebos.
Project Setting
The proposed project will be constructed on vacant parcels approximately 35 acres in size
that are located on NC Highway 12 in Corolla, Currituck County. The subject properties
are located north of Ocean Forest Court and south of Hampton Street, approximately 1.5
miles south of the Currituck Lighthouse. The tract is bordered by the Currituck Sound to the
west, NC Highway 12 to the east, a vacant commercial lot to the north, and residential lots
to the south. Approximately 17.5 acres of the tracts are U.S. Army Corps of Engineers
Section 404 wetlands and/or Coastal Wetlands, and 17.5 acres are upland areas.
The approximately 3,000 feet of shoreline on the subject property and the shoreline north of
the project site have not been hardened. The shorelines of the residential properties south of
the parcel have been bulkheaded. The shoreline along the proposed bulkhead alignment
contains a stable escarpment 2-3 feet tall.
Division of Coastal Management staff issued General Permit 42132-A to the applicant on
August 18, 2005 to insta11500 feet of bulkhead. While issuing this permit DCM staff placed
a stake adjacent to the shoreline escarpment indicating normal water level (NWL). A site
visit on January 19, 2006 revealed that both the stake and normal water level was located
less than one foot from the shoreline escarpment. This indicates that erosion rates less than
2 feet per year rather than the 5-8 feet claimed by the applicant, and that normal water level
is less than one-foot from the escarpment rather than the 8 feet claimed by the applicant.
DCM staff has not observed any evidence of trees along the shoreline (or anywhere on the
parcels) being uprooted and blown over while conducting the three site visits associated with
this permit application process.
The waters of the Currituck Sound immediately adjacent to the parcels' shoreline are less
Field Investigation Report
Corolla Bay, Corolla, Currituck County
Page 3
than one-foot deep and gently slope to a depth of 1-2 feet approximately 100 feet off shore.
The sound is approximately 4.5 miles wide at this location.
Although many areas of the Currituck Sound have experienced exceptional submerged
aquatic vegetation (SAV) growth this spring and summer, the 30-foot area immediately
adjacent to the parcels' shoreline contains very sparse SAV. Waters further offshore contain
moderate SAV growth.
A 13.01-acre area of U.S. Army Corps of Engineers Section 404 wetlands and Coastal
Wetlands is located in the northwest portion of the parcels. This wetland area is comprised
of Coastal Wetlands located along the shore of the Currituck Sound that transition to Section
404 wetlands further inland. This transition occurs west of the lots depicted on the
applicant's drawings. Coastal Wetlands located in this area are comprised of Salt Reed
Grass (Spartina cynosoriodes) with Black Needlerush fringes (Juncus romerianus) and
pockets of Common Reed (Phragmites australis). The 13.01-acre area of wetlands also
contains a pond that is located in the far northwest corner of the parcels. Aerial
observations of this area revealed that the pond is not hydraulically connected to the adjacent
Currituck Sound.
An additiona14.52 acres (197,056 SF) of Section 404 wetlands are located east of the 13.01-
acre (566,715 SF) wetland area and west of NC Highway 12. This includes a 2.31-acre
(100,605 SF) wetland located in the far southeast corner of the subject properties that
surrounds another pond. Aerial observations of this area revealed that this pond is not
hydraulically connected to the Currituck Sound either.
The entire tract appears to have been cleared of all vegetation within the last 2-3 years except
for trees with trunk diameters greater than four inches. The remaining trees include Red
Maples (Ater rubrum), Live Oak (Quercus Virginiana), pine trees (Pinus species), and
scattered Sweet Gum (Liquidambar species). An under story of assorted weeds, shrubs, and
bushes that are 1-3 feet tall has emerged since the parcels were cleared.
Large portions of the infrastructure for the proposed upland development have already been
completed. The areas for all the proposed roads have been cleared, filled to desired grade,
and topped with crush and run gravel. Utility lines and lift stations have been installed and
the eastward 75-100 feet of lots 16 through 36 have been filled with 1-2 feet of sand.
Project Description
The applicant proposes to install approximately 715 feet of bulkhead fronted by 7 feet of
riprap. The bulkhead/riprap will be installed in two sections starting in the far southwest
corner of the properties. The first section will be installed on the proposed lot number 46
and will be approximately 60 feet long and connect to the existing bulkhead that has been
installed on the adjacent residential property. A 30-foot gap will then be placed in front of,
and around, a 367 SF (.008 acres) area of Section 404 wetlands. The gap in the
bulkhead/riprap will ensure the viability of the small wetlands area by maintaining the
Field Investigation Report
Corolla Bay, Corolla, Currituck County
Page 4
hydraulic connectivity between the wetlands and the Currituck Sound.
The second bulkhead section will be approximately 655 feet long and will start on the
proposed lot number 45 and end before the Section 404 wetlands located on lot number 37.
The applicant proposes to install the bulkhead an average of 5.5 feet beyond normal water
level and a maximum of 10 feet beyond normal water level in order to reclaim land claimed
to have been lost to erosion during the last year. The required backfill will be obtained from
upland sources. The 7 feet of riprap that will be installed in front of the proposed bulkhead
will consist of clean rock or masonry materials.
The applicant also proposes to install two docks, each 80 feet long and 6 feet wide
terminating in 400 SF platforms. The platforms will be comprised of a 20-foot by 12-foot
section covered with a gazebo that leads to a 20-foot by 8-foot lower section that will be
used for canoe/kayak launching. The Currituck Sound is approximately 1-2 feet deep at the
end of the proposed docks.
The first proposed dock, located in the southwestern corner of the parcels, will connect to
the proposed Antigua Court via an elevated walkway 60 feet long and a gravel or mulch path
40 feet long.
A second proposed dock, located at the far northwestern corner of the properties, will
connect to the proposed Cruz Bay Court via a 400-foot elevated walkway and 170 feet of
gravel or mulch path. The walkway will cross approximately 225 feet of the pond located in
this corner of the parcels and 100 feet of Section 404 and Coastal Wetlands.
It should be noted that the applicant's first Major Permit application included the filling of
the 367 SF area of Section 404 wetlands mentioned above. However, the U.S. Army Corps
of Engineers has requested that the applicants submit an Individual Permit to address the
cumulative impact of the wetland fill proposed for the entire Corolla Bay development and
the steps the developer has taken to minimize and avoid wetland fill. Because this process
will probably take many months to complete, the applicant has removed the proposed
wetland fill from this permit application and has requested that only the installation of the
shoreline stabilization and construction of the two docks be considered at this time. The
applicant will be required to submit another Major Permit application should wetland fill or
other development within an Area of Environmental Concern (AEC) still be required once
the Corps of Engineers' Individual Permit process has been completed.
9. ANTICIPATED IMPACTS
It is anticipated that the proposed project will cause the following impacts:
• The bulkhead will result in the filling of 3,932 SF (.09 acres) of Public Trust Area/Estuarine
Water AEC and require 73 cubic yards of upland soil be placed below normal water level.
• Backfilling behind the proposed bulkhead alignment will result in the disturbance of 7,150
Field Investigation Report
Corolla Bay, Corolla, Currituck County
Page 5
SF (.16 acres) of the Estuarine Shoreline AEC.
• Placing the riprap in front of the bulkhead will result in the filling of 5,005 SF (.11 acres) of
Public Trust Area/Estuarine Water AEC.
• The two piers and platforms will disturb a total of 1,760 SF (.04 acres) of Public Trust
Area/Estuarine Water AEC during their construction and will shade the same area upon their
completion.
• Construction of the two piers and platforms will temporarily increase the turbidity of the
shallow waters of the Currituck Sound.
• The southern elevated walkway will disturb 360 SF (.008 acres) of the 75-foot Estuarine
Shoreline AEC during construction.
• The northern elevated walkway will disturb 540 SF (.012 acres) of the 75-foot Estuarine
Shoreline AEC and Coastal Wetland/Section 404 wetlands during construction. This
walkway will also disturb 1,380 SF (.03 acres) of the pond it crosses, and shade the same
area upon its completion.
• Preliminary review indicates that no archaeological resources are known to be located in the
vicinity of this proposal.
• [NOTE: Although this permit application only requests shoreline stabilization and two
docks, and the Corps of Engineers' Individual Permit process is still on-going, the
applicant's initial Individual Permit application indicated that 23,313 cubic yards of material
are proposed to fill 3.61 acres (157,372 SF) of Section 404 wetlands.]
Submitted By: John Cece (252-264-3901 x222)
Date: August 4, 2006
MAJOR PERMIT FEE MATRIX
Applicant: Corolla Bay Proiect
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 o en 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). For Private non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached can be a lied:
III(B). For public or
commercial development, if $400 100% ($400) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached can be a lied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (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
a uatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be a lied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
COASTAL AREA PERMIT ASSISTANCE, LLC
120 JIMMY CT.
KILL DEVIL HILLS, NC 27948-8492
f" ~
~ ~
'~ .'' y~ -i ~~
~F~ `~ ~~ 2005
~OgSTAI ~~~NA
1109 ~~rz,~8rr~ ~~~~.~~
~G Da;e <Z • Z9• ZEl~~ss-tsisso He
Pali- to the ~~~~ ~.- -~- .~_
or,;orop ~ ,~lV/S/O,C~4 ~i~l ~f~l /r/f ~-~_
U2 U,~,~ ~~~T~-T ~ ~c
~~ ,f -~~> ~ Sri! ~_ ----- _,__-`__- ~-Pars ;~ °•~„
M.µ ~ ~:.
ACH R/T 053000196
i
~:0 5 3000 19 6~: 000 6B 5 5 4 10 u~ ~ ~~
i LD9
'~+'rG ,