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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 ,