Loading...
HomeMy WebLinkAbout20090059 Ver 2_CAMA Application_2009123109- OoL q Ua NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary it 21 December 30, 2009 0 koo:4 15 0 V -3 MEMORANDUM DEC 3 1 2009 MW .1NATER QUAI TY TO: Cyndi Karoly WETWO AM STORMWATM IPAKH Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Div. Of Parks & Recreation / Jockey's Ridge State Park Project Location: 300 yards southwest of end of Villa Dunes Drive, Nags Head, Dare County Proposed Project: Oyster Sill & Marsh Habitat Restoration Please indicate below your agency's position or viewpoint on the proposed project and return this form by 01/20/2010 to 400 Commerce Avenue, Morehead City, NC 28557 If you have any questions regarding the proposed project, please contact John Cece at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 , Internet: www.nccoastaimanagement.net DATE An Equal Opportunity 1 Affirmative Action Employer North Carolina Natura4 MAJOR PERMIT FEE MATRIX Applicant: NC Division of Parks & Recreation / Jockey's Ridge State Park MAJOR MODICATION FEE = $250 Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be applied. III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) cannot be applied: IV. For development that Ei involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: f DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION APPLICANT'S NAME: Jockey's Ridge State Park 2. LOCATION OF PROJECT SITE: The proposed project will be located on the shores of the Roanoke Sound in the north" est corner of Jockey's Ridge State Park, approximately 300 yards southwest of the end of Villa Dunes Drive. The park is located on the west side of South Croatan Highway (US 158) at mile marker 12, approximately 2.25 miles south of the border of Kill Devil Hills and the Town of Nags Head in Dare County. Photo Index - 2006 2000 1998 1995 1989 1984 1978 185-7215 (014, 015) 185-2085 (014, 015) 42-1063 (B 13, B 14) 185-1929 (G18, G19) 1-42-29 (D7, D8) 138-453 (R20, R21) 87-399 (K15, K16) State Plane Coordinates - X: 2994400 Y:820999 Rover File: C123015B USGS Map: Manteo (upper right) 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - December 11, 2009 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - December 17, 2009 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Nags Head Land and Water Use Plan 2000 Land Classification fro m LUP - Conservation (B) AEC(s) Involved: Estuarine Waters, Public Trust Area, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - On-site septic Planned - Same (F) Type of Structures: Existing - Visitor's center, parking areas, maintenance equipment shed, existing offshore sill Planned - Install additional section of wetland protection sill constructed of bagged oyster shells and add additional bags to original sill structure (G) Estimated Annual Rate of Erosion: Not applicable Source - Not applicable Field Investigation Report Jockey's Ridge State Park - Dare County Page 2 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FILLED SHADED (A) Estuarine Waters / None 1,800 SF Public Trust Area None (sill structure) without SAV (B) Estuarine Shoreline / None None None Uplands, (C) Total Area Disturbed: 1,800 SF (.04 acres) (D) Primary Nursery Area: No (E) Water Classification: SA Shellfishing Shellfishing: Closed 8. PROJECT SUMMARY: The applicant proposes to install another wetland protection sill approximately 300 feet long, 6 feet wide, and 1.5 feet tall along the northwest boundary of Jockey's Ridge State Park. The sill will be constructed of bagged oyster shells and will be placed in the shallow waters of the Roanoke Sound a maximum of 45 feet beyond Normal Water Level. The shallow waters landward of the proposed sill will be planted with various Coastal Wetland species. The applicant also proposes to install an additional layer of bagged oyster shells on the existing 400- foot long sill. Project Setting The proposed wetland protection sill will be installed on the northwestern corner of Jockey's Ridge State Park along the shore of the Roanoke Sound. The sound borders the park to the west and South Croatan Highway (US 158) borders the park to the east. The park is bordered by residential housing situated along West Soundside Drive to the south and the Villa Condominiums and additional residential housing to the north. Jockey's Ridge State Park encompasses 409 acres of rolling sand dunes and scrub-shub maritime forest with approximately 4,500 LF of shoreline along Roanoke Sound. Elevations across the park range from zero at Normal Water Level (NWL) along the shore of Roanoke Sound to 90+ feet at the top of the tallest dune. The owner of the property located immediately south of the park has installed wooden wetland protection breakwaters and portions of the Villas Condominium property located to the north of the park has been hardened with bulkheads and wooden groins. Field Investigation Report Jockey's Ridge State Park - Dare County Page 3 Major Permit #36-09 was issued to the North Carolina Division of Parks and Recreation on March 26, 2009 to install 400 feet of wetland protection sill in the northwest corner of the park. This structure, comprised of bagged oyster shells. has been constructed. The area behind the sill and below NWL has been planted with Cord Grass (Spartina alterniflora) and Black Needlerush (Juncus roemerianus) while Salt Meadow Grass (Spartina patens) and Wax Myrtle (Myrica species) have been planted in the area above NWL. When initially constructed, the top of the 400-foot sill was approximately six inches above NWL. However the sill has settled into the sandy substrate and/or sand has accumulated around the sill so that the top of the sill is now at or below NWL. Uneven erosion has created peninsulas of Coastal Wetlands at the north and south ends of the project area and a Coastal Wetland fringe through the middle of the project area. The scour areas between the wetland peninsulas are eroding with each storm and creating a scalloped- shaped shoreline. The Coastal Wetlands present contain Cord grass (Spartina alterniflora) and Black Needlerush (Juncus roemerianus) up to 10 feet beyond NWL with Bulrush (Scirpus species) and Salt Meadow Grass (Spartina patens) present above NWL. The area immediately upland of these wetlands is not vegetated due to the presence of a hiking path, but approximately 30 feet east of these wetlands established stands of Wax Myrtle (Myrica species), Saltbush (Baccharis. species), and other indigenous grasses and shrubs are present. Elevations in this area range from zero at NWL to 10 feet in the 75-foot Estuarine Shoreline AEC. Small vegetated dunes 10-15 feet tall are located further east of the project area. The water depths in the project area are very shallow and are 12 - 18 inches deep 40 feet beyond NWL. The waters of the Roanoke Sound are classified as SA (shell fishing), but the area is closed to shell fishing due to its proximity to the discharge from the Villa Condominium's WWTP. No submerged aquatic vegetation (SAV) was observed in the project area. Project Description The applicant proposes to install another wetland protection sill immediately south of the 400- foot sill previously authorized by Major Permit #36-09. The proposed sill will be constructed 10 - 15 feet water ward of the existing Coastal Wetlands present in the project area. This placement will result in the sill being installed up to 45 feet beyond NWL at the scour areas located between the Coastal Wetland peninsulas. The proposed sill will be 330 feet long, 6 feet wide and approximately 1.5 feet tall and constricted of bagged oyster shells. Each nylon mesh bag used to construct the sill will be approximately 2 feet long, 6 inches tall, 6 inches wide, and weigh approximately 20 pounds when full. The sill will be constructed of three 100-foot long sections of bagged shells separated by 5-10 foot wide gaps to ensure water circulation behind the proposed sill. The applicant proposes to place the filled the bags on a barge located in Wanchese, North Field Investigation Report Jockey's Ridge State Park - Dare County Page 4 Carolina. The barge, which reportedly will only draw six inches of water will then be moved offshore of Jockey's Ridge State Park. Volunteers will then offload the bagged oyster shells onto small flat-bottomed skiffs and transfer them to the sill's proposed location. The bags will then be hand placed into the shallow water of the Roanoke Sound. If unforeseen complications arise during the use of the local barge, the bagged oyster shells will be transported overland to the project area. Once the wetland sill is constructed approximately .3 acres (-13,000 SF) of the shallow waters behind the sill will be planted with Cord grass (Spartina alterniflora) and Bulrush (Scirpus species). Approximately .15 acres (6,500 SF) of the Estuarine Shoreline AEC adjacent to the shoreline will be planted with Salt Meadow Grass (Spartina patens). The applicants plan to monitor the survival rates of the planted vegetation and are committed to re-plant in the spring of 2011, if necessary, to ensure the successful establishment of the restored Coastal Wetland. Finally, the 400-foot long sill authorized by Major Permit #36-09 and constructed in April 2009 appears to have settled into the sandy substrate and/or sand has accumulated around the sill so that the top of the sill is now at or below NWL. Although the majority of the Coastal Wetland seedlings planted in the spring of 2009 have survived, and in most of the area are thriving, the reduced height of the sill has resulted in an increasing number of seedlings being dislodged during recent storms. To protect the remaining seedlings and ensure the success of the marsh restoration efforts; the applicant proposes to add one more layer of bagged oyster shells on top of the existing structure. 9. ANTICIPATED IMPACTS It is anticipated that the proposed development will cause the following impacts: Construction of the wetland protection sill will result in the filling of 1,800 SF (.04 acres) of Public Trust Area and Estuarine Water AECs and usurpation of 13,000 SF (.3 acres) of the same AECs. If successful, approximately .50 acres (22,000 SF) of Coastal Wetlands will be created or enhanced. • A review of available maps indicates that no archaeological sites are located in the immediate vicinity of the proposed development but sites Dr49, Dr50 and Dr54 are located 2,000 - 4,000 feet north of the wetland sill's location. In addition sites Dr53 and Dr22 are located 3,000 - 4,000 feet south, site Dr 23 is located 3,000 feet northeast, and site Dr52 is located 3,500 feet southeast. Submitted By: John Cece Jr. Date: December 22, 2009 Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase II Applicant: N.C. Division of Parks and Rccreation/Jockey's Ridge State Park PR JECT NARRATIVE Submitted: October 2'', 2009 by Erin Fleckenstein Revised: December 16, 2009 The Roanoke Sound estuary is a rich, brackish-water coastal estuarine ecosystem. Fringing coastal marshes containing sawgrass, giant cordgrass, smooth cordgrass, black needlerush, and saltmeadow hay provide essential habitats for many fish and waterfowl.. Within Jockey's Ridge State Park, this marsh system is healthy along approximately forty percent of the park's estuarine shoreline but is experiencing significant erosion elsewhere. The marsh protects the adjacent riparian barrier island trees, shrubs and grasses classified as of regional and state significance, and harbors rare species of plants and animals. Protecting and replanting the marsh along the northern section of the park has been the focus of current restoration activities. In recent years this area has suffered the most severe shoreline erosion due to wind- and wave-generated forces as well as damage from vehicular and pedestrian traffic. Grants awarded to the North Carolina Coastal Federation (NCCF) in FY 08 from the SARP program and a USFWS grant program have led to the highly successful implementation of a shoreline restoration project along a portion of the northern shoreline: Phase I (see attached before and after photos). Phase I has restored - 1 acre of coastal marsh and riparian vegetation, along 425' of estuarine shoreline and created a -0.5 acre oyster sill and sanctuary. The sill created in Phase I is working reasonably well. Along sections of it, it is overtopped during storm events and would benefit from an additional layer of shell bags, but it has helped to dampen wave energy and allow for marsh grass establishment. The marsh planted in May 2009 appears healthy with new shoots of both Spartina patens and S. alterniflora sprouting. Blue crabs and commercially and recreationally important juvenile fish have been observed in the newly created marsh and waters behind the sill. There has also been an increase in the number of wading birds observed foraging in the marsh. Phase II of this project will continue this restoration, creating additional spawning, nursery and foraging grounds by extending the existing oyster sill to further protect 300' of estuarine shoreline with a 0.35 acre oyster sill and sanctuary and a half acre of restored fringe marsh. 1 Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase 11 The section of shoreline to be restored in Phase II of this project is exposed to wind- and wave- generated erosion as well as foot traffic, which undermines the marsh root structure. The overwhelming success of Phase I of this project has led to the need and desire to continue restoring coastal marsh along the park's estuarine shoreline. This is the intention of Phase II. The site selected for Phase II of this project is to the south of and adjacent to Phase I (see site map). At the site of the proposed Phase II restoration, a park trail called "Tracks in the Sand" comes down from Jockey's Ridge dune. This trail deposits visitors at the intersection of Phase I and Phase II restoration. The trail then follows the sound, heading south, along the edge of Phase II for another -500 hundred feet until it reaches a small beach. This is the turn-around point for those who have ventured down the trail and is also the spot used for beaching kayaks during the park's kayak program. This trail is not clearly defined and foot traffic leading to this beach has undermined the root system of the fringe marsh and left it vulnerable to the onslaught of southwest winds and erosive waves generated in the Roanoke Sound. To ensure the marsh restoration success for Phase II, the following outlines our mulit-tiered plan and proposed restoration technique: 1) One of the major components of this phase of the project is to establish a well-defined path with wooden posts and line run between them to act as a fence. Landscaping timbers will be posted every 25-50'. Two lengths of 5/8" Dacron line will be strung between the posts to create the fence. Additional posts maybe installed to serve as sign posts for wayside displays explaining the restoration techniques used and estuarine habitats restored. This fencing will encourage park visitors and trail users to stay on the trail and out of the fringe marsh, thereby allowing the marsh to reestablish. 2) On the waterward side of the restored marsh will be a continuation of the oyster sill created in Phase I of the project. The sill will be created along 300 linear feet of the park's shoreline, parallel to and no more than 15' (average 5-10') from the planted marsh and existing marsh and 45' from the NWL. The shell will be placed in nylon mesh bags measuring 2' x 0.5' x 05 and Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase 11 2 weighing between 15-35 lbs once full. The oyster shell makes the bags he«vy enough that they will not roll or become dislodged in the waves. This sill construction method has been succes:7fit1-Iy used by NCCFin other locations and was the technique effectively used in Phase I work. The bags will be stacked in such a way that they create a sill 6' wide and tail. See attached work plan drawings for a schematic of the sill construction and photos of the sill created in Phase I of this project. The bags will be placed in the sound, creating a total of three 100' sections with 5'-10' spaces between sections for fish.passage. Like the sill created in Phase I, volunteers and staff will create the oyster shell bags to be used in sill construction. In Phase II, a local marine contractor (Winkle Silver of Total Marine Services in Wanchese) will be used to deploy the oyster shell bags. He will load his barge with approximately 1,500 bushels of shell previously made ill) into shell bags and then transport them to the site. His barge will draw only 6" fully loaded. The barge will come as close to shore as possible without disturbing benthic habitat. Using small skiffs (22'-24' long flat bottom boats), the bags will be ferried from the barge to the sill by volunteers. The volunteers will wade out to the barge, load the skiffs with shell bags, and walk the boats back to shore. Then the bags will be placed in the water at the appropriate sill location. The barge will be on site for at least a week but no more than 1 month while the sill is being created. This will most likely occur during the winter months of early 2010 (dependent upon when the permit is issued and community volunteers are available). In the event of inclement weather or tropical storms, the barge will be removed from the site and berthed in Wanchese. By using the barge, we will minimize the need to drive park vehicles along the shore to the restoration site. Should water levels and weather prohibit the use of the barge, we will be able to ferry the shell bags over land to the restoration site via park vehicles and equipment provided by Total Marine Services. Total Marine Services has a track dump truck which can ferry the shell bags to the site with minimal encroachment on the marsh. The contractor will be able to navigate to the site via the park UTV path (Tracks in the Sand trail). If this method is used, bags will be staged temporarily on shore and then placed in the sound via a fire brigade style handling of the shell bags. Community volunteers will shuttle the bags to the sill location. This is the method that was used in Phase I of the project. Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase 11 3 The oyster sill will provide protection from the wind and waves of the Roanoke Sound, giving the marsh improved restoration success. 3) Between the newly defined trail and the oyster sill, fringe marsh will be restored. Approximately a half acre of coastal fringing marsh will be restored or enhanced along 300 linear feet of the park's shoreline. The acreage will be split thus: -.15 acres coastal marsh above NWL, -0.35 acres coastal marsh below NWL. The fringe marsh above NWL will be planted with S. patens (on 15-2' o.c.) fringe marsh at and below NWL will be planted with S. alter,niflora (on 15-2' o.c.). Scripats americantts may also be used to add diversity to the marsh plantings and restore the shoreline. The marsh will be planted with approximately 18,000 coastal wetland plants. These plantings will stabilize the shoreline and connect to existing marsh. The plant species and zonation selected mirror the vegetation found in the adjacent fringe marsh systems. The shoreline to be planted has a natural gentle slope that lends itself to planting the marsh without the need to grade or bring in additional fill. Initial planting will occur in spring of 2010 with a follow up planting in the spring of 2011. Typically 50% plant success is expected after year one and 80% success is reached after a second year of planting. The project partners are committed to the successful establishment of the marsh grasses. Additional maintenance and plantings will occur on an as needed basis. Approximately 0.35 acre of the proposed marsh restoration will occur below NWL and will be planted with S. alterniflora. Phase II of the project at Jockey's Ridge will continue to engage student and community volunteers through activities and work similar that completed during Phase I. To date, as part of Phase I, 250 First Flight Middle School eighth graders have participated in year long, hands-on and classroom lessons about the importance of estuaries, estuarine marshes, water quality, and the restoration activities at the park. The students helped bag close to 600 bushels of oyster shell, build -100 feet of the oyster sill, as well as plant -3,500 marsh grasses and 300 riparian plants. In addition, Phase I of the project involved over 100 community volunteers and two college groups to complete shell bagging of over 7,000 bags of oysters, create the sill and plant the marsh with 13,000 marsh grasses. Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase 11 4 1 Phase Il will hc'_p to furl her the stewa -lship and educa.ioral goals of NCCF and project partners through their cc:ntinued participation iii restoration and oi:treach activities. TI-e middle school studen':s will ccntlnue to be ins. olved il! both environmental educaticr. and the restoration activities of the prv'ect. Thev will rece :e hands-on and classroom lessons about the m.portance of estuaries, estuarine marshes, water quality, and the restoration activities. They will assist in oyster bag creation and marsh grass planting activities. Community volunteers and col'ege groups will help round out the restoration by supporting the shell bagging, sill creation and marsh planting efforts. Our proposed timeline for this project is thus: Shell will be delivered to Jockey's Ridge State Park in the early Fall 2009. Bagging events are planned for fall 2009 and winter 2010. These events will result in the needed oyster shell bags for the project. Once our CAMA Major permit is approved the bags will be loaded onto Winkle's barge and transported to the site, or Winkle will shuttle the bags to the shore with his track dump truck. Volunteers and college groups will assist with sill creation in the fall and early winter of 2009-2010. Marsh grasses will be planted in May 2010. Follow up plantings are anticipated in Spring 2011. This work is made possible through grants from NOAA's Community-based restoration partnership with the Southeast Aquatic Resources Partnership. Project partners include: Jockey's Ridge State Park, NC Division of Marine Fisheries, and the Nature Conservancy. As part of this grant, annual monitoring of both the sill and marsh will take place. These monitoring results will be made available to any agency wishing a copy. NCCF's experience with this type of marsh restoration is that it may take several follow up plantings to get the marsh fully established. We are committed to ensuring the success of this project. In addition to the restoration proposed for Phase IJ. We also propose to add an additional layer of oyster shell bags to the sill created in Phase I. The 425' sill built in Phase I has functioned extremely well in buffering the shoreline. However, during storm events the sill is overtopped and waves regenerate on the "protected" side of the sill, in the restored marsh. We would like to raise the height of the sill so that it sits no more than 6" above NWL. Currently the sill height is just at or just under NWL. Shell bags will be created and transported to the restoration site as outlined above. Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase 11 5 Project ti mrnarv As a direct result of Phase II, approximately 0.5 acre of coastal marsh habitat W411 be restored or enhanced along 300 linear feet of the park's shoreline, creating a "living shoreline" planted by volunteer groups. The waterward edge of the newly planted marsh will be protected by a shallow water oyster shell sill which will buffer the marsh from erosion and provide valuable fisheries habitat. The sill created in Phase I of this project will be expanded and maintained as part of this permit modification. The upland edge of the restored. marsh will be protected from foot traffic by creating a well defined park trail complete with interpretive signage. This restored marsh will enhance and promote submerged aquatic vegetation (SAV), adjacent shoreline salt marshes, and riparian maritime forests and shrub thicket maritime shorelines. The restored, enhanced and protected marsh, SAV, and riparian shoreline habitat all will support finfish, crabs, shellfish, as well as migrating shorebirds, and other park wildlife. The project site will become a destination within the park for tourists, school groups, and park visitors. 6 Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project: Phase 11 IeYUF4 005 Cl U NPLICK18111 nor Maier Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Project Name (if applicable) Business Name ' Jockey's Ridge Oyster Sill & Ma rsh Habitat Restoration: s Ridge State P N.C. Division Of Parks And Recreation/Jockey Phase II Applicant 1: First Name MI Last Name Debo Cox Applicant 2: First Name MI Last Name Justin Barnes If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 592 Nags Head NC ZIP Country Phone No. FAX No. 9 a+j q C1 USA 252 - 441 - 7132 ext. - - Street Address (if different from above) City State ZIP 300 W. Carolista Dr Nags Head NC 27959- Email debo.cox@ncdenr.gov; justin.barnes@ncdenr.gov 2. Agent/Contractor Information 1 1) 221,3 ou \Y/ Lg IAI nil Business Name W DEC 3 1 2009 North Carolina Coastal Federation Agent/ Contractor 1: First Name MI Last Name DW-WATERQU&lW wETlA1MANDSTCRIi 47MBRANCH Todd Miller Agent/ Contractor 2: First Name MI Last Name Erin Fleckenstein Mailing Address PO Box City State 475 Manteo NC ZIP Phone No. 1 Phone No. 2 27954 252 - 473 - 1607 ext. 302 252 - 423 - 0382 ext. FAX No. Contractor # 252 473 2402 N/A Street Address (if different from above) City State ZIP 128 Grenville St Manteo NC 27954- Email toddm@nccoast.org; erinf@nccoast.org <Form continues on back> ,?: J *} v 8 ° ..° S ., C, 31 Z 'i '3 _, e "Y' - ?3 '. , v '$ Form DCM MP-1 (Page 2 of 6) APPLICATION for Major Development Permit. Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare 300 W. Carolista Dr Subdivision Name City State Zip Nags Head NC 27959- Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 441 - 7132 ext. please see attached list, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Roanoke Sound C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Nags Head 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) -4,000 ft (.8 mile) 178,136,850 sq. ft (409.51 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or please see attached list of parcels and their acreage, NWL (normal water level) The park includes a dune systems with elevations (If many lot sizes, please attach additional page with a list) reaching 70-90 ft. but the area to be planted is -1 to +4 ft. above NWL ?NHW or ®NWL e. Vegetation on tract Jockey's Ridge State Park supports diverse vegetation within the park's boundaries. Vegetation within this project area includes Spartina, Juncus, Scirpus and other brackish marsh species, as well as upland marsh plants such as American red cedar and other scrub-shrub species. A complete park vegetation inventory is attached. No wax myrtle Beach grass , , rare or endagered species will be negatively impacted by the proposed work. f. Man-made features and uses now on tract The state park includes a visitor's center, maintenance shed, hang gliding school as well as staff housing and an interpretive boardwalk and observation deck. The shoreline stabilization will take place in an area of the park that includes a UTV trail used by park rangers and staff and a hiking trail that loops around the sound side of the park. The park is used for education, recreation, tourism and conservation. This marsh restoration project will enhance these intended uses and protect the exisitng trail system and park as a whole. g. Identify and describe the existing land uses adjacent to the proposed project site. To the north of the project site is a residential development that includes a pier, boat ramp and stormwater outfall. To the south of the project site, within the park is extensive coastal marsh, maritime forest and scrub-shrub forest. This area is used for conservation, education and recreation. The adjacent property to the south of the park is a single family residence. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? SPD-20, special planning district-conservation (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit. <Form continues on next page> m . (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. The visitor's center and staff housing are serviced by Dare Co. Health Department approved septic systems o. Describe existing drinking water supply source. Dare Co. dug well and pump supplies the drinking water to the visitor's center and staff housing p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ®Public/Government ? Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this shoreline stabilization and marsh restoration project is to replant vegetation in an area of the park where it has experienced severe shoreline erosion. An oyster sill, -300' long, will serve to buffer the newly planted marsh and enhance the restoration success. This project will help stabilize the park's eroding soundside shoreline and exisiting dune system. The increased/enhanced ecological value derived from this project will support fin fish and other aquatic species. The project site will become a destination within the park for tourists, school groups, park visitors and will be incorporated into the park's interpretive programming. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. See attached project narrative d. List all development activities you propose. See attached work plan schematics and project narrative. e Are the pr oposed activities maintenance of an existing project, new work, or both? New Work r t is the approximate total disturbed land area resulting from the proposed project? no land disturbance only restoration ?Sq.Ft or ®Acres g . Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h . Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA j . Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. Form DCM MP-1 (Page 5 of 6) APPLICATION for Major Development Permit <Form continues on back>, 6. Additional Information in addition to this completed application form, (MP-1) the following items below, if applicable must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to ary major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name The Villa Dunes Board of Directors, Ken Bunting- President- Phone No. Address PO Box 806 Nags Head, NC 27959 Name Milnes Austin Phone No. Address 3944 W. Soundside Road P O BOX 1521 Nags Head, NC 27959 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA minor permit #06-85 Town of Nags Head 9/5/06 CAMA major permit #36-09, NC Div of Parks and Rec. 3/26/09 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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 hful to the best of my knowledge. Date Print Name ?j Signature Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development ®DCM MP-4 Structures Information n .: >o Form DCM MP-1 (Page 6 of 6) APPLICATION for 4 Major Development Permit. Form ©CM MP-4 STRUCTURES - e (Construction within Public Trust Areas) 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. Please include all supplemental information. 9. DOCKING FACILITY/MARINA CHARACTERISTICS ®This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ?Public/Government []Private/Community ?Yes ?No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing d. (i) Are Finger Piers included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ? Dockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: i. Check the proposed type of siting: ? Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ?Yes ?No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ?Yes ?No 4 12. DOCKING FACILITY/MARINA OPERATIONS ED This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No _ o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh . OW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI_)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?`='' ?WL ?None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No if yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width [5. BREAKWATER (e.g., wood, sheetpile, etc.) ?This section not applicable a. Length 300 feet (installed as 3- 100' sections with 5-10' breaks in between for fish passage). These sections will consist of oyster shell bags stacked 3-4 bags high for an overall height of 1.5-2'. Every 100' at the breaks in the sill one laver of tester bags (0.5' high) will be laid to maintain integrity of the site c. Maximum distance beyond NHW, NWL or wetlands 45 feet from NWL b. Average distance from NHW, NWL, or wetlands on average 40 feet from NWL 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ?Commercial ?Public/Government ?Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 2 r a 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 1205' to northern property line, 2575' to southern property line b. Proximity of structure(s) to adjacent docking facilities. 1375' to dock on property to the north 2875' to dock on property to the south Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body From shoreline due west, the sound is 11.25 miles wide. From shoreline to Roanoke Island (nearest land mass) is 3 miles e. (i) Will navigational aids be required as a result of the project? ?Yes (]No ENA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ?This section not applicable a. Give complete description: An oyster sill along 300' of estuarine shoreline will be created using oyster shell bagged in nylon mesh bags. The bags will be placed in the sound parallel to the shoreline. A total of three (3) 100' sections, 6' wide and 1.5'-2' tall will be placed in the sound with 10' fish passage between the sections. At the fish passage areas, one layer of bags will be laid to maintain site integrity resulting in a 6'x 0.5' sill. This will still ensure fish passage. The oyster bags measure 24"x6"x6". Bags will be laid end to end parallel to the shore to get the 6' width of the sill. Three to four bags will be stacked on top of each other to get the 18-24" in height. The sill will be no more than 6" above NHW. The sill will end no more than 45' waterward of NWL. The oyster sill will buffer the planted and restored marsh. Coastal marsh plants will be hand planted behind the oyster sill. Please see attached work plan schematics and project narrative for more detail. 10-13-2009 Date Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project Project Name N.C. Division of Parks and Recreation/Jockey's Ridge State Park Appli me . ) Applicant Signature d. Water depth at waterward end of, structure at NLW or NWL 24" sill and marsh restoration project and proposed Phase II "ork. IMU- ?GOmoO ??, ? _ 4 t 4 r , z` a is 1 t a?F ? a r r E ? Y•. "7 r_ G N O O 0 r? C 0 a, O Q. c? r'•t rF ^1--f i? a p =s. cto 0 r- 0 r-. o0 x ?d 0 Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project Applicant: N.C. Division of Parks and Recreation/Jockey's Ridge State Park List of Tax Parcel ID Numbers and Acreages within Tract Tax Parcel ID no. Acreage 009083000 329.23 006745000 1.97 009803001 1.37 006729001 0.98 006729000 0.48 r 6787000.000 0.97 007703099 0.25 007703098 0.12 006636000 0.16 007642000 0.22 009076000 59.06 006792000 0.45 006790022 0.46 027359021 0.46 027359020 0.45 009075000 1.13 027359019 0.46 004281000 0.46 006789000 0.46 028712000 1.15 027792000 0.45 006786000 0.46 007750000 0.19 006781000 0.23 027999000 0.46 027420000 1.47 009077000 3.06 Total Acreage 406.61 k4 Cl o w UU? •? c?U°o W.??cv 0 ?? oN cri b QZwO Q 3 N UO En ° a o 1- O oa ct an .? OP,•3 ? ?,oQa'3 U U p ? 0 0 N Cc / G an a ci /w b n ;~ 1 wV) Odb uilsnv soupw 3 t z 1 1 .? i4. X C W ? . Q, U z U U (1 E \ oq .. Od`d N sounQ BUM x . cd 0 0 a? P-4 U 0 0 a 0? °Ca cV kn a? o c..v U U 0Z? + 03 En C? o A . !i. U :-., it Q II II ? U a? X! to Q .2) a W II II II C::? Zo CAD ?' ? CAD w p ?? rD o R C o? o CA b ?P `C C O?od .?» CD sv n '17 O ?x a ii C (D p- O C CD L R. D ? a a fv U, 6$JV, MAIN AG r p r: ? Villa Dunes ? r z APO t .E 1c\ -)- 2. w ti ??= M ? . Ilk- Ilk. ?'rC rt T a _ ?rNZ ?E rt 4 c FIFE Ile- 1 CL a a y ? F ? Milnes Austin APO ti O C?l r QT- o ? cd 3 ? U ' i?Y.?r • s ,?.7?,r 3¢ ?s? ??i U It I N 00 3 x z cd 0 3 "O U U O aS a? x `--? CCS N A-i U N N ? 'd O O U U y„ O O O ? U Cd e4l °o O N N Ln ? J M U ? U c i? Q ? O ? zQa ?w ? ti ? Q: GL Q droo?ao 0 con ° •a_ C-D CD ?a?.? ZR. ? r) w ('D D C p r" ft C? cn 7a CD `D ?C o CD ? o• 0 vo 0 ? ro cD ?' cn r n O ?"3 O O (DD CD a, a: ? o cr o p 00 ? N ,1 Y • n . ?n1 - W - o •? A) UQ ° C " CD (TQ y< O `C3 C ' CD 0 ?n a a a cD 0 0 0 N CD ar p cra