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HomeMy WebLinkAbout20031057 Ver 1_COMPLETE FILE_20030825W A r4RP ?O 7 CO r Mr. John W. Dixon Slash Creek, LLC P.O. Box 1327 Nags Head, NC, 27959 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department o Environment and Natural Resources November 6, 2003 Re: The Slash Condominiums, Dare County DWQ #03-1057; USACE Action ID. No. 200310896 Dear Mr. Dixon: Attached hereto is a copy of Certification No. 3445 issued to Mr. John W. Dixon, In addition, you should get any other federal, state or local permits before you go ahead) (but not limited to) Solid Waste, Sediment and Erosion Control, Coastal Stormwater, Non Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, / T) Alan W. Klimek, AW K/cbk Attachments cc: U.S. Army Corps of Engineers, Washington Regulatory Field Office Wilmington District, U.S. Army Corps of Engineers Tom Steffens, DWQ, Washington Regional Office File Copy Central Files Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949 ?d November 6, 2003. your project including charge and Water J '. E. 031057 N. C. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (htip://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Mr. John W. Dixon November 6, 2003 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION1 THIS CERTIFICATION is issued in conformity with the requirements of Section 401 217 of the United States and subject to the North Carolina Division of Water Quality (DV1 2H, Section .0500 to John W. Dixon to place fill into 0.0125 acre of Coastal Wetlands an Waters and to shade 0.017 acre of Coastal Wetlands in order to construct The Slash Co Village, Dare County, North Carolina, pursuant to an application filed on the 9th day of S ublic Laws 92-500 and 95- )) Regulations in 15 NCAC Public Trust/Estuarine Jominiums in Hatteras ptember of 2003. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 02, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application me in the Public Notice. If the project is changed, prior to notification a new application for a r required. If the property is sold, the new owner must be given a copy of the Certification ai thereby responsible for complying with all conditions of this Certification. Any new owner and request the Certification be issued in their name. Should wetland or stream fill be req additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 plan revisions from the approved site plan result in a change in stream or wetland impact impervious surfaces, the DWQ shall be notified in writing and a new application for 401 CE required. For this approval to be valid, compliance with the conditions listed below is requ Conditions of Certification: Sediment and Erosion Control: Erosion and sediment control practices must be in full compliance with all sp proper design, installation and operation and maintenance of such Best P order to protect surface waters standards: a. The erosion and sediment control measures for the project must be d operated, and maintained in accordance with the most recent version Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment measures must be such that they equal, or exceed, the requirements recent version of the North Carolina Sediment and Erosion Control M be maintained on all construction sites, borrow sites, and waste pile contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures muss operated, and maintained in accordance with the most recent version Surface Mining Manual. d. The reclamation measures and implementation must comply with the accordance with the requirements of the Sedimentation Pollution Con 3rials and as described w Certification is I approval letter and is ust notify the Division 3sted in the future, 1) (6) and (7). If any an increase in !ification may be ions governing the ?ment Practices in gned, installed, the North Carolina erosion control cified in the most Rl. The devices shall ) projects, including designed, installed, the North Carolina I Act. in 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or ri arian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion ontrol Best Management Practices, shall be performed so that no violations of state water quality stan ards, statutes, or rules occur; 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in w tlands and waters is unavoidable, they shall be removed and the natural grade restored within six onths of the date that the Division of Land Resources has released the project; 2 Mr. John W. Dixon November 6, 2003 Continuing Compliance: 4. John W. Dixon and Slash Creek, LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may re-evaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify John W. Dixon and Slash Creek LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to John W. Dixon and Slash Creek LLC in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Other conditions: 7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 8. Waste or borrow sites shall not be located in streams or wetlands; 9. The use of pesticides, herbicides, fertilizers and cleaners near or over open waters shall be avoided to the extent practical; 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic materials; 11. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify the Division when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Photographs upstream and downstream of each culvert site must be included to document correct installation along with the Certificate of Completion form; 12. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties; 13. This Certification shall expire upon expiration of the 404 Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 6th day of November 2003 DIVISION OF WATER Q ALITY Alan W. Klimek, P.E. i ?DD Y l??l DEPARTMENT OF THE ARMY C'. Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 200310896 September 9, 2003 PUBLIC NOTICE Slash Creek, LLC, C/O Mr. John W. Dixon, Post Office Box 1327, Nags H ad, North Carolina, 27959, telephone (252) 441-2110, has applied for a Department oft a Army (DA) permit TO DEVELOP A 46 -SLIP PRIVATE MARINA AND RESIDENTIAL CONDOMINIUM COMPLEX, INCLUDING CONSTRUCTION OF A BULKLHEAD, ONSIT WASTEWATER TREATMENT FACILITY, PARKING AREA, SWIMMING POOL, CLUBH USE, AND WALKWAYS, on property located on the east side of the intersection of N.C. ighway 12 and State Road 1241, adjacent to Slash Creek and the Pamlico Sound, in Hatteras illage, Dare County, North Carolina. The following description of the project site is taken from data provided by he applicant and from observations made during onsite inspections by representatives of the Co s of Engineers. The project is located in Hatteras Village and consists of a 4.91-acre tract of 1 Ilanning between N.C. Highway 12 and the Pamlico Sound. The existing elevation on the tract is appimately 3 feet above mean sea level and is zoned as General Commercial by the Dare CountOffice. The tract has been maintained in predominately yard grasses and mature live trees for many years, but has recently been cleared for site preparation related to the proposeevelopment. Wetland areas on and adjacent to the tract consist of high quality coastal marsh rimarily vegetated with salt meadow grass, bulrush, black needlerush, big cordgrass, an salt marsh grass. There is an existing, man-made boat basin on the property that provides boat access to Slash Creek and the Pamlico Sound. Water depths in the basin range from 1.5 feet to feet below the normal water level. The water depths in Slash Creek range from 1-foot to 3.5 fe t below the normal water level. The existing boat basin has been maintenance dredged in th past and has been primarily used for small fishing boat access. Slash Creek has not been previously dredged. The North Carolina Division of Water Quality has designated the waters of Slas Creek and the Pamlico Sound in the project area as SA Waters, but this area is closed to com ercial shellfish harvesting due to elevated fecal coliform levels. The only man-made feature on he tract at this time is a 571- foot long bulkhead located within the existing boat basin. I 1, '?. -2- Habitat types within Slash Creek and the Pamlico Sound include estuarine emergent wetlands, intertidal flats, and estuarine water column. According to sampling records compiled by the North Carolina Division of Marine Fisheries, approximately 21 species of finfish, three species of shrimp and blue crab can be found in this area. Sampling in this area also revealed scattered clams and oysters. The application does not include dredging of Slash Creek or the Pamlico Sound to facilitate access to the marina. The applicant states that the project has been designed to reduce impacts to aquatic organisms. The applicant proposes to develop a 46-slip, private marina and residential condominium complex. The marina development includes the construction of 259 linear feet of bulkhead on the northwest side of the property at the approximate normal water line. The bulkhead will be backfilled with clean sand from an off-site source. Approximately 25 square feet of coastal wetland vegetation will be impacted by the bulkhead construction. The applicant does not propose compensatory mitigation at this time. The 46-slip marina has been divided into three separate mooring areas. Thirty-eight slips will be located on the east side of the property and will be approximately eleven feet in width from piling to piling. The waterward end of the mooring pilings will be located twenty-two feet from the edge of the bulkhead. The remaining eight slips will be located on the north side of the property and will be developed as parallel slips. These slips will be thirty feet from piling edge to edge. There will be no mooring pilings associated with these slips. Boats utilizing this marina will range from approximately 17 feet to 25 feet in length. A 6-foot wide slotted wood dock is proposed to be constructed along the entire landward side of the bulkhead around the entire marina development. The project will include 39 finger piers and 79 mooring pilings located within the existing basin. The upland development involves the construction of five condominium buildings which will include forty-five separate multifamily residential units. These units will have associated parking and site development, including a clubhouse, swimming pool, stormwater retention pond, landscape retaining walls and a wastewater treatment facility. This work will result in approximately 4 acres of land disturbance and create 65,200 square feet of impervious surface. Plans showing the proposed project are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: i -4-- -3- a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina Statute 113-229 by the North Carolina Division of Coastal Management (NC c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an easement to fill or otherwise occupy State-Owne submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Co cil of State. e. The approval of an Erosion and Sedimentation control Plan by the L d Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to a State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 a-50-66). The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the y (DA) permit will be issued until the coordinated State viewpoint on the proposal has been r ceived and reviewed by this agency, nor will a DA permit be issued until the North Caroli a Division of Water Quality (NCDWQ) has determined the applicability of a Water Quality ertifcate as required by PL 92-500. This application is being considered pursuant to Section 404 of the Clean ater Act (33 U.S.C. 1344) and Section 10 of the River and Harbor Act of 1899 (33 S.C. 403). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public heart g shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properti s listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register co stitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise aware of the presence of such resources. Presently, unknown archeological, scientific, prehi toric, or historical data may be lost or destroyed by work under the requested permit. i -4- Based upon available information, the District Engineer is aware that the proposed activity may affect species designated as endangered or threatened pursuant to the Endangered Species Act of 1973. These species include the manatee and the loggerhead sea turtle. The applicant is currently developing a response to these concerns. Based upon available information, the District Engineer has determined that the proposed action may adversely impact Essential Fish Habitat or associated fisheries managed by the South Atlantic or Mid-Atlantic Fishery Management Councils or the National Marine Fisheries Service (50 CFR Part 600). These resources include habitat and postlarvae/juvenile and subadult species of brown and white shrimp, red drum, summer flounder, spotted seatrout, Atlantic croaker, spot, Atlantic menhaden, and striped mullet. The applicant is currently developing a response to these concerns. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity. may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. -5- To make this decision, continents are used to assess impacts on endangered properties, water quality, general environmental effects and the other public above. Comments are used in the preparation of an Environmental Assessrr Environmental Impact Statement (EIS) pursuant to the National Environme (NEPA). Comments are also used to determine the need for a public hearin the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (D, be made until the North Carolina Division of Water Quality (NCDWQ) issu State certification required by Section 401 of the Clean Water Act. The NC' whether or not the proposed activity will comply with Sections 301, 302, 30 Clean Water Act. The application and this public notice for the Department permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may the offices of the Environmental Operations Section, NCDWQ, Salisbury S Building, Raleigh, North Carolina. Copies of such materials will be furnisl requesting copies upon payment of reproduction costs. )ecies, historic iterest factors listed nt (EA) and/or an al Policy Act and to determine permit will not denies, or waives WQ considers , and 307 of the ,f the Army (DA) reviewed at :t, Archdale to any person Written comments pertinent to the proposed work, as outlined above, in the Washington Regulatory Field Office, Attn: Mr. Raleigh Bland, Po: Washington, NC, 27889, until 4:15 p.m., October 9, 2003, or telephone (! extension 23. (ill be received Office Box 1000, 9) 975-1616, • i MAP UMM *M,ML VrnNO rs o M= 40M w?i ®art ., r. -OT 9 ?. - ...aw amnMULMO MEMO w.ram ? rLL _ ? mM 1. !ee/rwa. rrl amc ue ?6 ?a ssl s w?.can u wn. M? r (aw ?q a rar.rlr nlsnsl tral nol .ma wr n LAf t.swa=f 4 ti aw OOI?w..?lr eos NiAI IL m. +s:m sae a m...oo s n. rvra7 L mril= ?is>ts raaw.r Aiu s..l wva? rrsra ®® L iOWARMS ..pia ra ""a"L ? w. Nwewue ..?..°°."? -t4 ?.ISr rralw aura wonl x w w s 7. MU .l MaAAMM sum sasw..o. as we s maw -s v wvl?rsw?rmrt a m.wa LO 1!T f IO WOfp ! gm MIO•w AT IA<s iP V • MmAmum-isr.nA 0of 00 i .000 a gw.s.er: r - rf r 0 W 100 (EN S') 1 inch = 100 ft. r ?r ?r ?r ?r rrr ?rrrr rrr rr r -*r r r r r .r rrr rrl rrr rr rrr rr rrS ?r rrr???rr ?r rrr rrr r? r ?, rrr•?r ? r?= ?r?.r r r rrr ,? r '' rr Z r? rrr r, rrr rr rrr _ rr fir r= r rrr r', r rrr rr rri '-. 'rrrr r rat rr rr r J rr rl ? rrr' rr ? ,r ¦ W i J I 1111111.Wc soe Adft W li## a w_ MOW .awK 1 IMM i A FIFAA ?r U NCDENR North Carolina Department of Environment and Natural Re?ources 60A0,610 Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director Willilam G. Ross Jr., Secretary Ii August 21, 2003 MEMORANDUM: NETLA!I DS 101 GROUP TO: Mr. John R. Dorney A66 ?, >> lUll3 Environmental Biological Supervisor i Division of Water Quality DATER UALITYSECRON FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: The Slash Condominiums, LLC Project Location: Hatteras Village, Dare County, Slash Creek and NC L Proposed Project: Construction of a 46-slip marina and its associate dockage piers, boardwalk, and bulkhead within or along the existing an-made basins. This project will also include 5-multi-family condomimu buildings (a total of 45-units) with a swimming pool, associated par ing, stormwater retention, and a wastewater treatment facility. Please indicate below your agency's position or viewpoint on the proposed prof ct and return this form by September 11, 2003. If you have any questions regarding the propos d project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-dept 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 _ 1367 U.S. 17 South, City, No Him 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www rtccoastalmanag ment.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Pap r DIVISION OF COASTAL MANAGE] FIELD INVESTIGATION REPORT APPLICANT'S NAME: The Slash Condominiums, LLC, c/o John W. 2. LOCATION OF PROJECT SITE: Hatteras Village, Dare County, Slash 1 Photo Index - 2000: 171-2010, Q 10; 1995:172-1757, G13; Digital Photo 1 State Plane Coordinates, X: 2990000 Y: 550000; GPS C081314A (200: 3. INVESTIGATION TYPE: CAMA / D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/31/2002 and Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - August Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP - Transition (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Sha (C) Water Dependent: yes (D) Intended Use: Residential and Marina (E) Wastewater Treatment: Existing - none; Planned - onsite wastewater units; (F) Type of Structures: Existing - 570-1f of bulkhead; Planned: 260- if of wide boardwalk, landward of the NWL, 39 finger mooring piles to create 46 boat slips; (G) Estimated Annual Rate of Erosion: unknown; Source - Applicant 7. HABITAT IMPACT DESCRIPTION: 1PVr A V A TPn FIT.T .RTI reek and NC 12 idex: 4760, 4761 ) and C053113A (2002) /13/2003 , 2003 , Coastal Wetlands for 45 dwelling khead, 787-1f of 6-ft s (8-ft by 2-ft) and 79 [AREA] SHADING (A) Coastal Wetlands 25 sf 729 sf (0.017A) (B) Public Trust/Estuarine ,320 sf (0.012A) Waters (C) Upland 169,500 sf (3.89A), backfill & grading (D) Total Land and Water Area Disturbed: 3.92 A (E) Primary Nursery Area: No (F) Water Classification: SA; Closed to commercial shellfish harvest 8. PROJECT SUMMARY: This project is located in Hatteras Village, in Date County. This project involves the construction of a 46-slip marina and its associated dockage piers, boardwalk, and bulkhead within or along the existing man-made basins. This project will also include 5-multi-family condominium buildings (a total of 45-units) with a swimming pool, associ ted parking, stormwater retention, and a wastewater treatment facility. The Slash Condominiums, LLC, c/o John W. Dixon, Dare County FIELD INVESTIGATION REPORT Page 2 PROJECT SETTING The project site is located between NC 12 and the waters and adjacent wetlands of Slash Creek. The site is directly adjacent to the Norfolk Carolina Telephone and Telegraph station along NC 12 in the Village of Hatteras, on Hatteras Island in Dare County. The existing site consists of a predominately upland area of approximately 6 acres, of which approximately three-quarters of an acre are waters. The permit applicant previously made application on January 7, 2003; however, due to the proposed dredging of Slash Creek and associated condominium and marina impacts, it was determined that the project would first require that the appropriate conditions of the State Environmental Policy Act be met. Therefore, the application review was placed on hold until the review requirements of this Act were met. An EA/FONSI statement was issued on July 25, 2003. The Elizabeth City Division of Coastal Management Office received a revised application on July 31, 2003; however, a complete application was not received until August 7, 2003. The existing site elevation is approximately 3-ft above the NWL. The vast majority of the site is considered to be an `upland' area and has been maintained in predominately yard grasses and live oaks for many years. The site is almost triangular in shape with two man-made basins that are connected to Slash Creek by a narrow channel near the northeast corner of the property. These basins were previously excavated from wetlands, and the spoil was used to elevate the project site and adjacent vicinity areas. The shoreline area of the larger basin has been stabilized with approximately 570-1f of wooden bulkhead. This bulkhead was authorized in 1995 by CAMA Major Permit No. 117-95, under the property owner and permittee, Desmond R. Foster, Jr. This tract has since then been sold to the current applicant, and is commonly referred to as `The Slash Condominium Project'. The site was recently cleared (during the winter of 2003) and filled for site preparation related to the proposed development. Some of this work was undertaken within the Estuarine Shoreline Area of Environmental Concern, prior to the issuance of any CAMA permits, and the property owner, Slash, LLC, was cited for a violation of the permit requirements of the Coastal Area Management Act. As part of the requested site restoration, the property owner installed a siltation barrier around the entire disturbed portion of the site. Since the upland fill work that was undertaken could have been permitted, the remaining fill was allowed to remain onsite, with the stipulation that the siltation barrier will be maintained and no additional on-site development would occur within any CAMA- AEC until the proper permits have been issued. Those land areas that are immediately adjacent to the above referenced waters that are not bulkheaded, do have some minor clumps of existing coastal wetland species along the NWL (about 25-sf). The adjacent properties and those areas along the southwestern vicinity of the existing bulkhead alignment are vegetated with more significant areas of coastal marsh vegetation, including salt meadow grass (Spartina patens), bulrush (Scirpus spp.), black needlerush (Juncus roemerianus), big cordgrass (Spartina alterniflora), and salt marsh grass (Distichlis spicata). Extensive coastal marsh areas are located along the adjacent property-owners' shorelines, across these basins to the north and east, and in addition to the species listed above, also include sawgrass (Cladium jamaicense), as well as many other wetland plants. Other wetland areas also exist along the common property line to the south. Desmond (Buddy) R. Foster, Jr. and Faye Foster are the adjacent riparian property owners to the north of the proposal site. This adjacent property's shoreline is not stabilized with any hardened structures and this adjacent property appears to include most of the basin that is located along the northwest side of the applicant's tract. This basin ranges between 40 and 70-ft in width and is approximately 300-ft in length. The water depths within this basin area (which is referred to as Mooring Area 3 in the Environmental Assessment Document) range between 1- ft and 3-ft at NWL. Platwork that has accompanied the Environmental Assessment (EA) document and the CAMA permit application indicate that a 4-ft water depth contour exists off the north point of the property. The Slash Condominiums, LLC, c/o John W. Dixon, Dare County FIELD INVESTIGATION REPORT Page 3 According to the referenced platwork, most of this smaller basin appears to be mo?e closely associated with the Foster property than the applicant's property, as this platwork indicates that only a 10 to 12 ft alignment portion off shore conveys to the Slash, LLC tract. The water depths of this area appear to b between a depth of 1-ft and 1.5-ft at NWL. The water depths of the larger basin range between 3.5 and 5-ft below the NWL. This basin is an average of 100-ft in width. A small narrow access channel connects the two basins to Slash C ek. At its narrowest point, the channel is only 30-ft wide, and the water depths at NWL are between 1.5 and .5-ft. Melva Basnight and Thomas Basnight, Jr. are the adjacent riparian property owne s to the east of the proposal site. This property borders the basin along the eastern property line and is also not tabilized with any hardened structures. This property includes the extensive coastal marsh area described abov . Although not an adjacent riparian neighbor, North Carolina Telephone & Telegraph (as indicated on the app ication platwork) owns the property between the Basnight parcel and NC 12. No shellfish species were observed during the site visits for this application vegetation is present in the northwestern basin, and finfish species were also obE The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the Pamlico Sound as Coastal Waters. The Coastal Resources Commission (CRC) al Public Trust Area and Estuarine Waters. The Division of Water Quality has dess (shellfish fishing) waters. However, these waters are not open to any commercial she comments received concerning the project during the EA review process indicatf harvest scallops from the Slash Creek area. PROJECT DESCRIPTION This project involves the construction of 260-1f of bulkhead shoreline stabilization, al wide boardwalk, and the creation of 46-boat slips with the associated finger piers and i will also include 5-multi-family condominium buildings (a total of 45-units), a swin parking, and utility development, including a domestic wastewater treatment facility iew. Submerged aquatic c waters of this portion of designates these waters as fated these waters as SA sh harvests. Some written that some local residents timately 790-1f of 6-ft ing piles. This project g pool, the associated Additional bulkhead shoreline stabilization is proposed for the 260-ft remaining portio of the smaller basin that has not been bulkheaded previously. The alignment will approximate the NWL ith a maximum of 2-ft waterward of the NWL. This alignment will result in the placement of approximately 0-cy of fill material below the NWL. The proposed marina development includes the creation of 46-boat slips, and the ass ciated construction of a boardwalk, finger piers and mooring piles for these boat slips. This work will in lude 787-1f of 6-ft wide boardwalk aligned along both basin shorelines, landward of the NWL, after bulkhea construction. However, approximately 700-sf of this boardwalk will be landward of the existing bulkhead alig ent along the southwest portion of the larger basin, and will shade the existing coastal wetland fringe in this location. The proposed development of the larger basin will include 39-finger piers, each 8-ft long by 2-ft wide. This mooring field will include 79-mooring piles, each situated approximately 25-ft off the bulkhead alignm nt. This portion of the proposed marina development will provide mooring for 38-boats, of the intended max' um boat length of 25-ft. The Slash Condominiums, LLC, Dare County FIELD INVESTIGATION REPORT Page 4 The remaining 8-proposed slips will be situated along the shoreline of the smaller basin located along the northwest corner of the property. These slips will be situated parallel to the shoreline (bulkhead), and no mooring piles, or finger piers are proposed for this basin. No dredging is proposed for either basin, or any portion of the waterway associated with this project. The proposed 5-condominium buildings will include 45-separate residential units, and the associated parking and site development, including a pool, stormwater retention pond, landscape retaining walls, and a wastewater treatment facility. This development will result in approximately 4 acres of land disturbance and 65,200-sf of impervious surface. ANTICIPATED IMPACTS The proposed site is located in Hatteras Village, on Hatteras Island. This portion of Hatteras Island is known to have a rich history of cultural resources. An inspection of available cultural resource mapping data reveals archaeological or cultural resources have been previously identified near this site by the Division of Archives and History. It is important to note these maps have not been updated in at least 10 years, and there may be other cultural resources onsite. The proposed condominium structures will be constructed landward of the 30-ft Coastal Shoreline Buffer; however, significant portions of these structures will be located within the Estuarine Shoreline AEC, 15,700-sf, or approximately 29 percent of the Estuarine Shoreline AEC. This development will include the placement of retaining walls between all upland development and the adjacent wetland or buffer areas, which should restrict the discharge of some site runoff into adjacent wetlands and buffer areas. The proposed bulkhead alignment will result in the filling of 520-sf of Estuarine Waters and Public Trust Area, as well as the filling of a small area (about 25-sf) of coastal wetland vegetation near the landward end of the smaller basin. The proposed boardwalk, finger piers and associated mooring piles should not infringe upon any riparian or adjacent riparian access in the larger basin. As referenced previously, the smaller basin is adjacent to riparian property, owned by Desmond Foster. The Foster's have expressed concern about possible encroachments and navigation interference that this proposal may have on their riparian area. According to submitted platwork. The applicants' property along this basin area extends about 10-ft beyond the NWL. The proposed marina development will not result in any planned dredging excavation. However, at least two impacts can be expected from anticipated shallow water bottom disturbance. As referenced, water depths in the smaller basin, where boat mooring is proposed, range between 1 and 1.5-ft. The use of this area by boats, even small flat-bottom bass and johnboats, will likely result in prop wash and sediment kicking. The use of this basin for mooring in areas where the depths are insufficient enough to allow boat use without these side effects would induce significant turbidity during each mooring and unmooring operation. The small channel that connects these basins with Slash Creek is also shallow and not conducive to use by boats that will require 2 to 3-ft of water. The use of this channel in its current state by 25-ft long boats may result in the above referenced prop wash and kicking of water bottom sediments, and the resulting turbidity during passage of each vessel into and out of these basins. It can also be anticipated that the use of these basins by 46-boats will result in an undetermined degree of water quality degradation from increased turbidity, additional oil and grease loadings, and other substances, including The Slash Condominiums, LLC, Dare County FIELD INVESTIGATION REPORT Page 5 paint leachates and unregulated sanitary wastewater that can be attributed to use by these vessels. The proposed adjacent impervious surfaces that will be associated with the planned condominiums ay also result in increased BOD and heavy metal loadings typically associated with runoff from parking areas, r oftops and urban land-use type areas. Bio-accumulation and Bio-magnification of toxins within the species t t use these basins and the waters of Slash Creek may be anticipated. The original project proposed dredging of significant portions of Slash Creek and a smaller basin associated with this development. During the SEPA review process, the possible impacts that cou d be anticipated from these activities were determined to present significant concerns to the coastal resources o the surrounding estuarine area. In order to reduce these impacts so that the project could likely be issued FONSI (Finding of No Significant Impact) by the N C Department of Environment and Natural Resource , all proposed overboard dredging was deleted from the planned scope of the project. It is still anticipated that water bottom disturbance can be expected from the associatedl, use of a marina facility of this size with associated increases in turbidity on a nearly continuing basis. It is also anticipated that wetland fringes adjacent to channel and basin areas will experience erosion disturbance from oating activities, and that navigation congestion will be a concern not only within the existing basins, but also wi hin the narrow channel of Slash Creek. i Cumulative impacts that would result from a project of this size should also be consid red. Most of the channel and shoreline areas of Slash Creek are shallow and vegetated with lush expanses of coastal wetlands and provide significant areas of habitat for coastal resources. During the previous review of this projects' EA, this office conducted a detailed in estigation of the current public trust use of the Slash Creek. The principle area of navigation of Slash Creek con titutes approximately 2.5 miles, and extends from the creeks intersection of NC 12 to it's junction to the north ith the Pamlico Sound. Nearly all upland sites along this waterbody have existing homes that have piers and oat slips. Most of these boats are limited draft type vessels and constitute a limited impact upon the waterway system. The proposed project will provide boat slips for additional vessels. Based on upon the a timate of a maximum of 30 boats currently navigating the Slash Creek, this proposal may result in a 150% in rease in navigation use. This office has been aware of this project for over 2 years. This office routinely, vi its the vicinity of Slash Creek to conduct other Division business. During this time frame, I have never witne sed more than 3 vessels navigating the waterway at the same time. That said, the above estimated increase in se may be significantly understated. Given the current trend of growth and development on or near these environme tally fragile areas, the development of a marina to accompany a condominium complex of the size proposed result in significant impacts to coastal and cultural resources. This project may also set a precedent of ill size that will instigate significant increases in cumulative impacts associated with other future development affecting not only the estuarine environment, but also associated aesthetic values of a small barrier island village's heritage and character that many residents of this island depend upon for their livelihood. The Slash Condominiums, LLC, c/o John W. Dixon, Dare County FIELD INVESTIGATION REPORT Page 6 During the review of this project, our staff has received and responded to numerous calls, letters, and concerns related to the size of this project. As stated above, it is anticipated that the proposed condominium development will present significant impacts to the `small village' cultural character and integrity of Hatteras Village as it currently exists. Submitted By: Dennis W. Hawthorn Date: August 21, 2003 DCM % DWQ % Development Type F'eE (14300 1601,435100093 1625 6253 (243 0 1602 435100095 2341 1. Private, non-commercial ment that does not Involve l 5250 1009: (5250) 090 (SO) op deve the filling or excavation of any wetlands or open water areas: IL Publle ar eammerelal development 0% (SO) that does not Involve the filling or $400 100% (5400) excavation of any wetlands or open water areas: 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, S. C, or 0 below appiles: III(A). For private, non-commercial If General water Quality ment velo d 5250 100%(S250) I 0% (SO) , p e Certification No.3301 (see attached) can be applied: III(B): For public or commercial if General water Quality ment velo d 5400 100%(5400) 0°/. (SO) , p e Certification No.3301 (see attached) can be applied: III(C). If General Water Quality i Certifcatlon No. 3301 (aea attached) 1 could be applied, but DCM stag $400 60% (5240) 40% (S160) determined that additional review and written DWQ concurrence Is needed because of concsms related to water quality or aquatic life: I ). If G ater Quality Cartiflca an Na. 3301 (see attached) S400 60%(S240) 0% (5160) n not be applied: IV, For development that Involves the Riling and/or exwvalion of more 5475 60%(S285) 0% (5190) than one acre of wetlands and/or open water areas: 8- 8-08; 9:46AM; pU I b l e and A.013ac:. t 262 261 1 POO Y, Sohn W. Dixon of Slash Creek, LLC, authorize Quible & Associates, P.C. to act as. my agent for the preparation of the Major CAMA Package that has been submitted to your attention for the proposed Slash Creek Condominiums Project. I have signed the application that was received by NC Division of Coastal Management on July 31, 2003 as referenced in the August 4, 2003 letter from the Division. ?a3 01 Z' S• re Date 8-21-03; 3:58PM;Oulble and Assoc. ;1 29,2 261 1260 PROJECT NARRATIVE (July 2003) Existing Conditions As required by North Carolina Department of the Environment and Natural Resources CDENR), Division of Coastal Management (DCM), a Major CAMA Permit Application has bee prepared for submission. A Finding of No Significant Impact (FONSI) has been received for this p ject following preparation of an Environmental Assessment (EA) in compliance with the North Carol na State Environmental Protection Act (SEPA). This document addressed the environmental c racteristics and potential impacts to existing conditions in relation to construction of a marina and con ominium facility in existing boat basins along a tributary of Pamlico Sound known as Slash Creek. The su ject property lies at approximately 35°13'00" N Latitude and 78°41'13" W Longitude on the east side of t e intersection of Monitor Trail (NC 12) and Eagle Pass (SR 1241) in Hatteras Village, Dare County, No h Carolina. The deeded acreage is approximately 5.77 AC, but current land area totals approximately 4. 1 acres according to a recent survey. The property has approximately 146 ft of frontage along NC 12. Th re is also marine access to the property from Slash Creek, a navigable water tributary of Pamlico Sound is a man-made basin. As seen on Sheet 1, Plan View Plat of the Subject Property, there are currently two co ected boat basins located on the north and east side of the property. The larger embayment (east side oft the property) is lined with 571 LF of existing protective bulkhead. This bulkhead is the only man made feature currently existing on the tract. The existing mean elevation on the tract is approximately 3' above Normal Water Level (NWL). The property is currently zoned C-2 (General Commercial) by Dare Cou ty and is considered Transitional by the CAMA Land Use Plan. Proposed Work Proposed construction on the subject property includes a residential condominium comp ex that will involve development within the 75 ft Area of Environmental Concern (AEC) and a priva a marina. Sheet 2 is an overview of the subject area with an approximate existing boat channel alignmen along Slash Creek. Water depths depicted on Sheet 2 were recorded on January 9, 2002 by enviro ental scientists from Quible & Associates, P.C. using a measuring rod. It is estimated that the water lev 1 on that day was approximately 6" below NWL. There are plans to mark the position of this channel ali ent with PVC markers at a 30 ft width. The markers will be installed along the channel at 200 ft spacin s except for the area in the vicinity of the boat basin where there is a sharp tum-out. There will be additi nal markers in this area to avoid navigation error. The channel is aligned along the deepest areas of the reek. Marking the boat channel will help to confine boat traffic to a specific path. This attempts to redu a impacts to shallow habitat and allows boats to pass safely. Since boats that are not associated with t e subject project currently utilize Slash Creek, increased boat traffic is anticipated to have only a n gligible or minor impact to fisheries once the channel alignment is marked. There is no dredging pr posed. Prior to construction of the proposed condominium complex, a total of approximately 20, 00 cu yds of sandy fill material will have been brought to the subject site for preconstruction grading. Proposed grading elevations are indicated on the soil erosion and sedimentation control plan (SECP approved by NCDENR, Land Quality Section on June 26,2002. The condominium complex consists of five multifamily dwellings (45 units) with associated amenities I # 2/ 3 6-21-03; 3:58PM;QUI ble and Assoc. ;1 252 261 1260 # 3/ 3 including an onsite wastewater treatment facility, parking, pool, clubhouse and walkways. Impervious surfaces located within the 75' AEC include building coverage, parking areas and concrete walkways. There are also slotted wood walkways located within the AEC, but this surface is considered pervious. The parking areas are proposed to be constructed of gravel as depicted on the site plan, but are considered impervious for the purpose of the CAMA coverage calculations. Total area within the AEC is 53,830 SF. Impervious coverage within the AEC is 15,732 SF (29.2°/x). Marina development includes the construction of 259 linear feet (LF) of bulkhead on the northwest side of the property at approximately NWL. This bulkhead construction is in a straight line along NWL and does not exceed 2 ft waterward of NWL. The bulkhead will be backfilled with approximately 58 cu yds of clean sandy material from an off-site source. As shown on Sheet 1, the marina development has been divided into three mooring areas. There are 46 total proposed slips. Slips 1 to 38 on the east side of the property are 11 feet in width from piling to piling. The waterward mooring pilings proposed at 22 ft from the edge of the bulkhead. These plans meet DCM Coastal Area Management Act (CAMA) marina regulations in dimension and area. Slips 39 to 46 are proposed to be located on the north side of the property as side-to slips. These slips are proposed to be 30 ft long with no mooring pilings proposed in the water. Boats utilizing this marina will range from approximately 17 ft to 25 ft in length. As shown on the Site Plan, a 6 ft wide slotted wood dock is proposed to be constructed along the entire landward side of the bulkhead (787 LF) around the entire marina development. Approximately 25 SF of wetlands will be disturbed in association with bulkhead construction. This is a thin intermittent fringe without an appreciable interconnected wetland area. The more substantial wetland fringe on the south side of the existing boat basin will be partially shaded with an elevated dock, but project plans have been designed for preservation. There will be approximately 729 SF of wetland shading associated with the proposed project. The proposed marina will not provide no fueling or boat maintenance services. There will be no live aboard or heads allowed on boats utilizing the marina. There are a number of marinas in Hatteras Village that provide fueling services and it is anticipated that most of the boats will-use-those services rather than hand carry fuel to the vessel. As with all marina operations there is the potential for releases of petroleum products associated with mechanical failures, bilge discharges and fueling of vessels by hand within the marina. The following is Spill Prevention Control and Countermeasures Plan to be followed by boat owners within the marina in case of a spill or release of hazardous materials. First, a Contact List will be posted in proximity to the marina. The posted list will include: 1. Local Fire Department 911 2. Dare County Local Emergency Planning or Haz-Mat Response Team 252-473-3355 3. State Division of Environmental Management 252-946-6481 Boat owners will be advised to call one, or all, of these numbers as required if a release of hazardous materials occurs. Also provided on-site will be a spill kit that can be used by boat owners within the marina to provide immediate remediation in case of a spill or release. The kit will include: 1 pack of No.8Q42933 - 8"x18' long booms ten pack 1 pack of No 8Q-4004 - sorbent pillows ten pack Form DCM-MP-1 APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Slash Creek, LLC Attn: John W. Dixon Address PO Box 1327 CityNags Head State NC Zip 27959 Day Phone (252) 441-2110 Fax (252) 441-8209 b, Authorized Agent: Name Ouible & Associates, P.C. Address PO Drawer 870 City Kitty Hawk State NC d. Is proposed work within cit} limits or planning jurisdiction? I X Yes No ?I e. Name of body of water ne rest project (e.g. river, creek, sound, bay) Slash Creek (off Pamlico Sound) 3. DESCRIPTION AN PLANNED USE OF PROPOSED PR JECT a. List all development activiti s you propose (e.g. building a home, motel, marina, bulkhe d, pier, and excavation and/or filling activities. b. Is the proposed activity maintenance of an existing project, new work, or both? New I Zip 27949 Day Phone (252) 261-3300 Fax (252) 261-1260 c. Project name (if any) Slash Condominiums NOTE. Permit will be issued in name oflandowner(s), and/orproject name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark Hatteras Village c. Street address or secondary road number NC 12 c. Will the project be for publid private or commercial use? Private I d. Give a brief description o construction and daily opera more space is needed, please Q.. T?T?rra4ivP purpose, use, methods of )ns of proposed project. If ttach additional pages. _ 4. LAND AND WATER CHARACTERISTICS 5.77 Ac. Deep a. Size of entire tract 4.91 A Total b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL --3' Revised 03/95 Form DCM-MP-1 d. Soil type(s) and texture(s) of tract CeA-Carteret sand DtA-Duckston Fine Sand e. Vegetation on tract mowed grass, Spartina patens, Juncus romerianus f Man-made features now on tract Bulkhead alone shoreline of canaUboatbasin on the east side of the property. 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? C-2 Is the proposed project consistent with the 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 the site? X Yes _ No Coastal (marsh) ? Other If yes, has a delineation been conducted? See plat (Attach documentation, if available) m. Describe existing wastewater treatment facilities. No existng treatment, An on-site treatment facility is planned for the proposed codominium facility. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff o. Describe existing drinking water supply source. NA 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 ''/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. • 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 Melva Basnight & Thomas Basnight, Jr. Address PO Box 752, Manteo, NC 27954 Phone Name Desmond R.Foster, Jr. and Faye Foster Address PO Box 459, Hatteras, NC 27943 Phone Revised 03/95 Form DCM-MP-1 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Mai or Permit # 117-95 • A check for $400 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. 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. This is the 3 1s+day of ?k 20AI. Print Name John W. Dixon / Slash Creek L Signature - downer or Authorized Agent Please indicate attachments X DCM MP-2 Excavatio X DCM MP-3 Upland D X DCM MP-4 Structures DCM MP-5 Bridges ai X DCM MP-6 Marina Di to your proposed project. and Fill Information Culverts NOTE: Please sign and date Och attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project wtata Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other Preconstruction Fill Area= 169,505 sf Volume= 20,000 cu yds NA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a b. C. d. 1. EXCAVATION NA e. a. Amount of material to be excavated from below MHW or NWL in cubic yards f. b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands 9. (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _- Yes -No h. d. High ground excavation in cubic yards Type of shoreline stabilization X Bulkhead Riprap Length 259 LF Average distance waterward of MHW or NWL Located at NWL Maximum distance waterward of MHW or NWL 2' Shoreline erosion during preceding 12 months NA (Source of information) Type of bulkhead or riprap material Wood Amount of fill in cubic yards to be placed below water level (1) Riprap NA (2) Bulkhead backfill. +/- 58 CU YDS Type of fill material Sand Revised 03/95 i. Source of fill material Off-site sand source 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the water NA (2) Dimensions of fill area 169,505 sf (-20,000 cu vds) (3) Purpose of fill Preconstruction grading (See SECP Plan- approved June 26, 2002) b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes _ No If yes, (1) Dimensions of fill area -25 SF of intermittent coastal wetland fringe (2) Purpose of fill bulkhead construction (shoreline stabilization) 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fence and vegetative stabilization (SESCP Plan- June 26, 2002) b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoe, dump trucks, auger c. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. NA Form DCM-MP-2 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 5 Multifamily Condominium structures (45 units) b. Number of lots or parcels NA c. Density (give the number of residential units and the units per acre) 10 (9.36 units/acre) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 16,505 sf- Preconstruction grading (See SECP Plan) j. Have the facilities described in Item i, above received state or local approval? State application submitted (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). Surface runoff 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare County Water Department in. Will water be impounded? X Yes No If yes, how many acres? 10,738 SF (infiltration basin as shown on site plan) 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? X Yes No If yes, date submitted June 26, 2002 f List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt, concrete, pea gravel 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. 29.2% (15,732 SF) 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? X Yes No If yes, date submitted Approved February 15, 206'3- i. Describe proposed method of sewage disposal. On-site wastewater treatment system n. If the project is a oceanfront development, when was the lot(s) platted and recorded? NA John W. Dixon Z Slash Creek, LLC Ap or Pro t Nam >. s t ???, 31 2 a a ? Date Revised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, g. Other (Give complete Form DCM-MP-1. Be sure to complete all other sections of the NA Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) Commercial Community X Private (2) Number 1 (3) Length Total length 787' (4) Width 6' (5) Finger Piers X Yes _ No (i) Number 39' (ii) Length 8' (iii) Width 2' (6) Platform(s) _ Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 46 (8) Proximity of structure to adjacent riparian property lines 15' (9) Width of water body varies: 40' to 105' (10) Water depth at waterward end of pier at MLW or NWL 4.0' b. Boathouse (including covered lifts) NA (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) NA (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) NA (1) Length (2) Average distance from MHW, NWL or wetlands _ (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys NA (1) Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) pilings (1) _ Commercial -Community X Private (2) Number 79 pilings (3) Length (4) Width NA Revised 03/95 Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels 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. 2. MARINA OPERATIONS 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public X Residential b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 45 units planned d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies X Dockage ("wet slips") only Number of slips 46 NA Dry storage Number of boats -0- NA Boat ramp(s) NA Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required X Other (describe) existing basin and access channel f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). 17-22' open runnabouts g. Typical boat length 18' h. Maximum boat length 25' i. Are any floating structures planned? No If so, describe Check each of the following sanitary facilities that will be included in the proposed project. NA Office toilets X Toilets for patrons Number 45 Location in their individual housing units Showers in their individual housing units NA Boat holding tank pumpout Type and location No boats with heads b. Describe treatment type and disposal location for all sanitary wastewater. On-site central wastewater c. Describe the disposal of solid waste, fish offal and trash disposal. Public trash removal by Dare County d. How will overboard discharge of sewage from boats be controlled? No live aboard, No heads e. Give the location and number o "No Sewage pis arge" signs proposed. NA e d Gt Q CC 't" e I$^ At Qri"C- 4 KIL f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed ? NA h. Give the number of channel markers and "No Wake" signs proposed. 26 red/green channel markers, 2 slow boat traffic signs i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. Spill Prevention Control and Countermeasures Plan (see narrative) Revised 03/95 Form DCM-MP-6 j. Describe design measures that promote boat basin flushing or water quality impacts. No live aboard, no heads on boats, open mouth of basin will improve flow. k. What will be the marina policy for overnight and live-board dockage? Not allowed 1. Is the proposed marina located near any shellfish leases? Yes X No m. If this project is an expansion of an existing marina, what types of services are currently provided? NA n. How many slips are now available? -0- o. Is the marina proposed within a primary or secondary nursery area? Yes X No Not designated as a PNA p. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and number of"Pumpout Available" signs proposed NA Print Name John W. Dixon/ Slash Creek.A C) ?. ?? Date * J ? 3(, A66-3 Revised 03/95 lot b 4 h ~ rrr r a o 0 v 4 der VICINITY MAP NOTE: THERE IS NO PROPOSED DREDGING ASSOCIATED WITH THIS PROJECT I Fi -147 r ; . ' l . ? -~..~,../'=/.may '~'~~~-•v:: ' ' f - , / / : , , ' ' ' 1 r , r r ter' f GRAPHIC SCALE n I Tim Fm FM f. t F• k6m THE POSITION 0 )OSITION OF PROPOSED CHANNEL MARKERS IS APPROXIMATE ON THIS PLAT, PVC PIPE WILL I PIPE WILL MARK -30 FT EXISTING CHANNEL WIDTH AND WILL BE SPACED AT -200 FT / a EXCEPT IN THE ~T IN THE VICINITY OF THE EXISTING CHANNEL TURN-OUT; THE MARKED CHANNEL - ON THIS PLAT F -IIS PLAT REPRESENTS THE EXISTING DEEPEST AREAS FOR SEA CRAFT PASSAGE d f+ srrrr a LEGEND .EGEN D SURFACE WATER OF SLASH CREEK AND TRIBUTARIES El d' ~ I 10 EXISTING WATER DEPTH Q PROPOSED PVC PIPE CHANNEL MARKERS 4 a y- 4 N lie d y NOTE: F mom~ WATER DEPTHS WERE RECORDED RECORDED 1-9-02 USING MEASURING ROD; _ MEASURING STATIONS WERE APPI WERE APPROXIMATED USING REMOTE SENSING TECHNIQUES d WATER LEVELS ON THIS DATE AF S DATE ARE CONSIDERED CHARACTERISTIC OF MEAN LOW WATER LEVEL INDICAI EL INDICATED BY WATER MARKS ALONG THE BULKHEAD, PILINGS AND SHORELINE IE S 1 .Q , mo. N C 12 NOTE: , NORMAL WATER LINE I TER LINE HAS BEEN DIGITIZED FROM o" mm er AERIAL PHOTOGRAPHY ?TOGRAPHY ANALYSIS wr+ Fy N O 4 cwmu irf L JSL 4 -p_.....~.-~ ..._~.~._,..._.,r_......... die NEAW YOU M W21-cam ~ pr- W \ k, ^"I im t tact r 1 -i IV I wpm N-ww s Will V.r~Et~ ~ ae`Me p,,3= .y'S~' • 5:, i'!r'.y ,,~^V 2 r".,~ ~ E~?°i+'. °F.~r'',1~;~`v'h d x' ..4S x~P." ~ .4 d•{ i'i .ya a , ~a * ~ ~ ~s :sti.' C~ ~iCs xa'~' fx~7+ t; c 4 - s. ,,Y'~ y• 4ak.1 tr , 4 mw rr 1 a 0 11110,11., A,,A A o o v NOTES: y 1. OWNER /APPLICANT: SLASH CREEK, LLC 4' ~ ATTN: JOHN W. DIXON RuuD6Ap DAq~1 P.O. BOX 1327 mw 9RW 4 NAGS HEAD, N.C. 27959 thjy~ 2. SITE DATA: "A NFIP ZONE: AE (61) X) 15) //4))) ~ SITE ZONING: C-2 sli ~ jk pRpptl p LF) as 1 NO NOORMJG PRAWS ARE PROPOSED WAlk7l11YIRD [ VICINITY MAP LAND AREA: 214,068 SF (4.91 AC) [OF 3. BOUNDARY INFORMATION TAKEN FROM SKETCH PLAN BY OF Nw. IN ASOCIA'ROM WAN SUPS 311 Z Alt— TN. 3.5' 33' PLAT PREPARED BY SEABOARD SURVEYING AND PLANNING ENTITLED TYPICAL SECTION OF BULKHEAD "CONCEPTUAL SKETCH OF THE SLASH CONDOMINIUMS" DATED 8/13/01. I Fr x3' 4. SCOPE: THIS PROJECT PROPOSES THE CONSTRUCTION OF FIVE MULTIFAMILY (APPROX. SCALE 1" = 10') 4 3 DWELLING STRUCTURES (9 UNITS PER BUILDING, 45 UNITS TOTAL); 46 SLIP MARINA CONSTRUCTION WITH ASSOCIATED BULKHEAD, DOCK AND MOORING PILINGS ?3) 5. STORMWATER MANAGEMENT: ,e LEGEND STORMWATER MANAGEMENT TO BE PROVIDED THROUGH A SERIES OF INTERCONNECTED INFILTRATION BASINS TO BE PLACED BENEATH THE PROPOSED BUILDINGS. x e/ .Y 44 3k % PROPOSED IMPERVIOUS COVERAGE s 6. AEC COVERAGES: WITHIN THE 75' AEC SURFACE AREA WITHIN THE 75' AEC: 53,830 SF (-1.24 AC) ! IMPERVIOUS COVERAGE WITHIN THE 75' AEC : 15,732 SF COATAL WETLAND FRINGE PERCENT IMPERVIOUS COVERAGE WITHIN THE AEC: 29.2 % .y r 7. BOAT SLIP CALCULATIONS: \ PROPOSED GRAVEL SLIPS: 46 PARKING TOTAL MOORING AREA: 9,927 SF LINEAR FEET OF DOCKAGE: -852 LF FINGER PIERS: 39 7 8 FTX2 FT PROPOSED CONCRETE MOORING PILINGS: 79 PAVING m 12~ i hm R 8. DOCKAGE PROPOSED RETAINING WALL t L LIMIT PROPOSED EFFLUENT LENGTH OF PROPOSED 6' WIDE SLOTTED WOOD WALKWAY AT NWL: 787 LF - 3 } 4 /s~ INFILTRATION BASIN LINEAR FEET OF NEW BULKHEAD: 259 Lf 9. CHANNEL MARKERS ,k 14~ 677 26 RED/GREEN PVC MARKERS (SEE SHEET 2) PROPOSED DECK P.~ yR ' r ~ a . 4. i T . • _ } . 15 ,1 ///1 //J f EXISTING BULKHEAD PROPOSED RETAINING WALL klx4117~ 04 N { 1 I 1 1 ONN ~ \ ~O PROPOSED RETAINING WALL W A~1d~A,4 + Y •r (~'i~ 00 IdO j (4 rl) T N.L RE IM VdA 22 PROPOSED MULTIFAMILY DMEWNG (TrP., SEE NOTE /9) i \ < 2-3 l.{ t,yHV k; S J J ~ ~ 25 r ! H ' ' . Jv ~ 29 / l 27 z 1 a~ ~ x / 3) /M j Z WypStER MAINTENANCE PARKING < n PAD +At i J _ e f/? Z PROPOSED POOL HOUSE 30 400 SF FRAME STRUCTURE a ON PILES, FFE = 9.0' i < x WASTEWATER TREATMENT PLANT 20• 1 ra x PROPOSED POOL O *1lR of C 1 ~ \ a A d) A o 33 5,1,2 SF 1 cz* d ~ 34 p a C EFFLUENT INFILTRATION BASIN " x36 ( (n l u tr/ y.. u 4 rs ? > + T11L I9E-n.4W r FIDE C3 25' MBL FOR GROUP HOUSING ...J Jam. BmKtzw 00 e. MBL 715524 w - 685. COMMIS" NO. Po1110 DESKWD BY \ 1RY21'E' PROPOSED RETAINING WALL AINING WALL 4.19' DRAWN BY j N/F CHECKED 87 ' \ $ V s \ NORFOLK CAROLINA TELEPHONE !t IMEGRAP14 Q~ I (DB 143, PG 265) V ~ 1. ISSUE DATE BEFORE YOf! dG~"" Cam....... . 3/22102-1 fit` 1 ~-Sa....~ ~ SHEET N0. \ GRAPHIC SCALE GAIL 1'Oia ~ !0 0 N 71 N 1N y 3 CURVE TABLE 2EW RADIUS CA! TA TAN R 0400 9EAlift CHM DIST. a c 0 1' } OF S L -ez a