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