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HomeMy WebLinkAbout19900162 All Versions_Complete File_20100726P 1. r DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from A. PERMIT: This office cannot comment on this project until after the close of the Sect on 401 Certification Public Comments Period. II This office has no objection to the issuance of the permit(s) for the propo -project with the following conditions: \` That the activity be conducted in such a manner as to prevent signific nt increases in turbidity outside the area of construction or constructio - related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu tion and mixture. That turbidity levels in shall not be increa ed by more than 10 NTU's as a result of the proposed activity after a reaso - able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after . The proposed project is certified under General Certification A) No. 1179 issued on January 25, 1977, for sewer line construction B) (fp No. 1272 issued on November 10, 1978, for bulkhead construction. No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal areas. D) No. 1431 issued on October 16, 1980, for boat ramp construction E) No. 1664 issued on September 8, 1983, for Rip-Rap Placement. F) No. 1665 issued on September 19, 1983, for incidental bridge construction. WATER OUALITY SECTION y DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW PROJECT NAME • n/e -Do--) COUNTY : PROJE T l? : ?O - ' c- STREAM OR ADJACENT WATER BODY: CLASS: BASIN: ?tJ5 OPEN OR CLOSED: (FOR SHELLFISHING) STORMWATER PLAN REQ'D: (Y OR N) IF YES, DATE PPROVED: PROJECT DESCRIPTION: 1,2 ASSIGNED TO: DATE APP. REC'D.: 9 p lh LLB -(YY/MM/DD) JOINT NOTICE ) INITIAL REPORT: 9n If 6[ (YY/MM/DD) RECOMMENDATION. j FINAL REPORT: (YY/MM/DD) (ISSUE/DENY/OTHER) I,IATER QUALITY CERT. (401) CERT. REQ'D: (Y OR N) IF YES: -9-NERAL CERT: (Y OR N) TYPE GEN: (INDIVIDUAL CERT: (BULKHEAD, BOAT M P, ETC.) SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED SEPTIC TANK, ETC.) TO BE PERMITTED BY: (Dal, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N) FIATER/WETLANTD FILL AREA OF FILL: WATER: 14ETLAND : IS FILL ELI14INATING A SIGNIFICANT USE (Y OR N) DREDGING IS DREDGING A?,C/TIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? /V (Y OR N) IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? _V- (Y OR N) IIARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATER: (ATTACH A MARINA USE ATTAINABILITY EVAL. r.rnrfiTlT /.TT/11T(• _ cc: WaRO - Mills - Central Files - DCM: J. Parker, Morehead city, Washington, Elizabeth City . , , I DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW PROJECT NAME- //e D6-]' COUNTY: V PROJECT ll: STREAM OR ADJACENT WATER BODY : 4-- CLASS .fl5 OPEN OR CLOSED: BASIN: p STORMWATER PLAN REQ'D: _(Y OR N IF YES, DATE APPROVED: PROJECT DESCRIPTION A/ / i n i n ASSIGNED TO: DATE APP. REC'D.: INITIAL REPORT: FINAL REPORT: WATER QUALITY CERT. (401) FOR SHELLFISHING) (YY/MM/DD) JOINT NOTICE O`I (Y/N) (YY/MM/DD) RECOMMENDATION: (YY/MM/DD) (ISSUE/DENY/OTHER) CERT. REQ'D: (Y OR N) IF YES: G'NERAL CERT: r (Y OR N) TYPE GEN: 24ecro-D,-?• (INDIVIDUAL CERT: (BULKHEAD, BOAT ff ETC.) (EXISTING, PROPOSED SEPTIC TANK, ETC.) TO BE PERlITTED BY: (Dal, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N) SEWAGE DISPOSAL. TYPE OF DISPOSAL PROPOSED: WATER/WETLAND FILL AREA OF FILL: WATER: WETLAND: IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N) DREDGING -14 5 6? IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF N.- 6W 6 RESOURCE? (Y OR N) IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)N?V)JC O rte. t ,v MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? `L,' SEWAGE DISPOSAL: MARINA SERVICES: •??c???/_ a??,':' ' OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATER: (ATTACH A MARINA USE ATTAINABILITY EVAL.) cc: WaRO - Mills - Central Files - DCM: J. Parker, Morehead City, Washington, Elizabeth City --r ^lz1l77?mT7n r-nkmTTTnUC nR PVRMTT RT?N RTCTTnNS: OFFICE OF COASTAL MANAGEMENT Lat:35°35'45" FIELD INVESTIGATION REPORT Long:75028110" 1 ?gSyjNGrpN`FF 1, APPLICANT'S NAME NC DOT Ferry Division 0 2. LOCATION OF PROJECT SITE Rodanthe Harbor, SR 1247 off NC 12.r 3N90 Aerial Photo: 1989: 5-203-9, A-E9, 1984: 143-404, A-E2 n_ 3. 4. INVESTIGATION TYPE: DREDGE & FILL X INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 09/27/90 (B) WAS APPLICANT PRESENT No 5. PROCESSING PROCEDURE: APPLICATION RECEIVED Se tember 21, 1990 OFFICE Elizabeth City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare County LAND CLASSIFICATION FROM LUP Transition DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS _X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES _X NO (D) INTENDED USE: PUBLIC X PRIVATE (E) COMMERCIAL TYPE OF WASTE WATER TREATMENT: EXISTING None PLANNED None (F) TYPE OF STRUCTURES: EXISTING Boat Basin and channel PLANNED None (G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE Applicant 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS (B) NON-VEGETATED WETLANDS: Shallow water habitat (C) OTHER: Upland spoil area (D) TOTAL AREA DISTURBED: DREDGED FILLED OTHER 964, 595sq. ft. 32,000sq.ft. 996, 955sg. ft. OTHER CA0A X 8. PROJECT SUMMARY: Applicant proposes to maintenance excavate the _ Rodanthe Harbor and 1.7 miles of the Chicamacomico Channel to a width of 100 ft and depth of 9 f NC DOT Ferry Division Bio Report Page 2 Site Description The Ferry Division of NC Department of Transportation is proposing to maintenance excavate 1.7 miles of the Chicamacomico Channel and Rodanthe Harbor as part of a contingency plan to provide emergency ferry service between Hatteras Island and Bodie Island. From nautical charts the existing water depths range from -6 to -8 ft. near channel marker 03 to -4 to -6 ft. near the mouth of Rodanthe Harbor. 1984 aerial photos (143-404) show areas of submerged aquatics near the approach channel into the harbor. This photo also shows a large basin extending south along the shoreline from the approach channel. The 1989 aerial photos (5-203-9) also show some submerged aquatics near the approach channel, but the basin extending south from the approach channel has filled in. Rodanthe Harbor is currently used mostly by local commercial fishermen. Three small fishhouses are located along the harbor's east side. A wooden bulkhead extends along most of the eastern shoreline. The rest of the harbor shoreline is characterized by a typical coastal marsh fringe of salt marsh cordgrass (5j tina alterniflora) grading into black needlerush (Juncus roemerianus). Water depths in the harbor range from -3 to -4 ft. near the edges and -8 to -9 ft. in the center and into the basin on the east side. The 80-' x 400' spoil containment site is located on a old spoil site to the south of the harbor. The area is characterized by various dune grasses and cactus surrounded by a shrub area of wax myrtle (MVrica cerifera) and red cedar (Juniperus virginiana). The property around the harbor, including the dredge spoil site, is owned by Wilbert A. O'Neal of Rodanthe. The applicant proposes to excavate 1.7 mile of the Chicamacomico Channel to a width of 100 ft. and depth of 9 ft. and to maintenance excavate a 230 ft. x 250 ft. area of the Rodanthe Harbor to -9 ft. Excavation will be done by hydraulic dredge with the spoil pumped to a 80 ft. x 400 ft. diked area south of the harbor. At present, the applicant wishes to remove approximately 1600 cubic yards of material from the mouth of the harbor. As noted in the applicant's cover letter, future maintenance excavation may call for the removal of up to 10,000 cubic yards of material. NC DOT Ferry Division October 2, 1990 Page 3 Anticipated Impacts The excavation of the channel and harbor will impact 964,595 sq. ft. of existing channel bottom. The dredging will result in a localized increase in water turbidity. Due to the large scale of the proposed project, care will need to be taken in setting moratorium dates to lessen the impacts on fisheries resources. Construction of the dredge spoil site will impact less than an acre of upland dune habitat. CAMA Review This project is consistent with the transition classification of the Dare County Land Use Plan. Submitted by: Peter B. Colwell Date: October 2, 1990 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and storrnwater control. If the requested information is not relevant to your project, write N/A (nqt ap- plicable). Items 1-4 and 8-9 must be completed for all projects. ., 1 APPLICANT " a. Name N DCY"P, P y ni vi Si nn Address 113 ArPndc-i 1 St-_ Rnnm 120 City Morehead City State N_ C_ Zip 28557 I Day phone 919-726-6446 Landowner or _XXX_ Authorized agent b. Project name (if any C. If the applicant is not the landowner, also give the owner's name and address. Wilbert A. O'Neal P. O. Box 38 Rodanthe, N. C. 27968 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number SR 1247 (just off NC 12) b. City, town, community, or landmark Rodanthe c. County Dare d. Is proposed work within city limits or planning jurisdiction? Yes, race Oo. Plamim Juriedieticn e. Name of body of water nearest project Rodanthe Harbor/Pamlico Sound 3 DESCRIPTION AND PLANNED i 'USE OF PROPOSED PROJECT' a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Dredge Approach Channel and Rodanth Harbor If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? Maintenance c. Will the project be for community, private, or commercial use? Pro-je_ ptb-pcse is to aeomlla ate pLblic ferry m rrssinq onto Hatteras Island during arergcncy. d. Describe the planned use of the project. Accommodate public ferrv crossinq to Hatteras Island in case Oregon Inlet bridge becomes closed. . - ,, 111FU 4 LAND 'AND WATER .' , "` CHARACTERISTICS a. Size of entire tract Unknown -ta b. Size of individual lot(s) -??+o+tr c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract Coarse Sand/Some Loam e. Vegetation on tract Mostly weeds, some scrub oaks, some marshy areas* f. Man-made features now on tract 640' bulkhead, four fish houses g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? L How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? ilnknown If so, by whom? UPLAND?DEVELOPMENT Complete this section if the project includes any upland development. N/A a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation 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? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. * Marsh will not be affected by project. g. List the materials, such as marl, paver stone, b. asphalt, or concrete, to be used for paved surfaces. C. d. h. If applicable, has a stortnwater management plan been submitted to the Division of En- C. vironmental Managementl f. i. Describe proposed sewage disposal and/or waste g. water treatment facilities. h. j. Flave these facilities received state or local approvall k. Describe existing treatment facilities. i. • j. 1. Describe location and type of di`chatges to waters of the state (for examplersutface runoff, k. sanitary wastewater, industrial/commercial effluent, or "wash down"). (. nt. n. m. Water supply source _ o. n. If the project is oceanfront development, describe the steps that will be taken to main- P. tain established public beach accessways or pro- q• vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 16 EXCAVATION AND, FILL`: ` INFORMATION , a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (ti1LW) or (NWL) Boat basin *IrreguNr Other (break water, pier, boat ramp, rock jetty) Fill placed in wetland or below MI IW Upland fill areas 1.7 mi 100' -9' 230' 250' -9' None 400' 80' Amount of material to be excavated from below water level in cubic yards 1, 592 ** Type of material Sandy Silt/Muddy Silt Does the area to be excavated include marsh- land, swamps, or other wetlands?_L o Iligh ground excavation, in cubic yards None Dimensions of spoil disposal area 400' x 80' Location of spoil disposal area On W. A. O'Neal ptiopecty?djacent to Harbor. Do you claim title to the disposal area! No if not, attach a letter granting permission from the owner. Will a disposal area be available for future tnaintenancc?'?_Ycs if so, where? Same site Does the disposal area include any marshland, swanti?land,lor water areas? No Will the fill material be placed below mean high water? No Amount of fill in cubic yards 1,592 (See "b") Type of fill matcrialsandy Silt/Muddy Silt (See"c"; Source of fill tnatetial Excavated Channel Material Will fill material be placed oil marsh or other wetlands? No Dimensions of the wetland to be filled (None) Flow will excavated or fill material be kept on site and erosion controlled? Earthen pit containment dike (See Plat, page 4 of 4) r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredgc)? Excavator and bulldozer to construct dike. Hydraulic Dredge. S. Will wetlands be crossed in transporting equip- ment to the project site?No• If yes, explain the steps that will be taken to lessen en- vironmental impacts. 1"'T SHORELINE STABILIZATION i a. Length of bulklicad or,riprap b. Average distance watetward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below tneatt high water f. Type of fill material ** Maximtmt anticipated: 1.0,000 2 8 ADDITIONAL INFORMATION In addition to the completed application form, the following items trust be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7).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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location trap is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant trust advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to diem by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Steven Midctett and James T. Rasnake Address P. 0. Box 52 Rodanthe, N. C. 27968 Name John E. Herbert, Jr. Address 2250 65th Ave. South _ St. Petersburg, FL 33712 Name Address A list of previous state or federal perIte? for work on the project tract. Include rS t numbers, permittee, and issuing dates. A check for $100 made payable to the iPai,", ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 '., CERTIFICATION AND PERMIS-) SION-TO.ENTER ON LAND I Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed 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 further 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 ap- plication and follow-up monitoring of project. This is the 20 th day of August-- , 19 X ? - LandAier or Autliorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 3 XX, PAMLICO SOUND Imm MAP Steven Midgett & Jame Rasnake 17 acres I 1 12 RODANTHE I - _ _ _ - HARBOR 14.4 acres( r ?IVE0 ( W.A. & J.P. 0'N al U6 2 3 W t: V W. A. O'Neal ?IC DOT - FERRY DIV SION PROPOSED DREDGING PROJECT i ` CHANNEL & IiARBOR RODANTHE HARBOR (A.K.A. BLACK MAR GUT) RODANTIE. NC 10/25/89 APPROX. SCALE: V - 200' PAGE _ i _ O F JOHN HERBERT JR. -5 71 4 AREA OF 'r PROPOSED gi _ \\ 4 7i ?` DREDGING ? l Co 9 g 8 9 Mean Law Water 6 ©6 Tj soundings _ 9 3 PROPOSED SPOILS CONTAINMENT SITE NC DOT - rTsRRY DIVISION PROPOSIiD DRI;DGIIIG PROJI:CT CIIANIIF.L & HARBOR RODANTIII: HARBOR RECEIVED (A.K.A. BLACK hfAR GUT) RODAIITIIr, NC AUG 2 3 X90 10/25/09 APPROZ. SCALE: 1" = (00' PAGn J or- i •I) Murry. inlet AUG 2 3 U ';'--both a PAGE 4 OF I [--A NC DOT - FERRY DIV. PROPOSED DREDGING PROJECT DREDGED SPOILS CONTAINMENT 8/13/90 approx scale: 1" = 100' 5' I I J ? TYPICAL CHANNEL CROSS-SECTION 'C---?- SLoPfD 3i1 MLW F? ??, y ttt± 5LOMD 3:l i 1O01 c h i NC Do!- 1--er,V Div PROPOSED L)Rf-ac1.-J6 PIS Wfr7 APPR011rd C114NNEL Roc/pn//t liar/,Ur- Ro )o /1 >'IP NC 9//7190 supplemenhol Pay- `J?/7190