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HomeMy WebLinkAbout20110801 Ver 1_CAMA Application_20110825? r 2 NOMENR North Carolina Department of Envirogment and Division of Coastal IV] anagement Beverly Eaves Perdue Jarn3s H. Gregson Governor Director MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 August 2011 SUBJECT: CAMA Application Review APPLICANT: Cohoon-Davis Marsh Restoration ?I?%a 2 5 7p11 IJENR - WATER QUALITY KTLMDS AND STORMWATER BRANCH PROJECT LOCATION: Project site is located at the intersection of SR 1328 and Hwy 12 on Ocracoke Island adjacent/on Silver Lake off the Pamlico Sound in Hyde County, North Carolina. PROPOSED PROJECT: Applicants propose to construct a riprap sill, backfill an area landward of the proposed sill for the purpose of establishing a coastal wetland marsh. The applicant also proposes to construct a 3' x 100' long rock check dam to filter storm water runoff draining from the adjacent roadway and other properties. Applicant proposes to construct a 6' x 150' pier with a 10' x 16' L-head platform and a floating 12' x 16' platform to be used while launching and retrieving kayaks. Please indicate below your position or viewpoint on the proposed project and return this form by 13 September 2011. Please contact Steve Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed 0110801 Natural Resources Dee Freeman Secretary Respond to Doug Huggett Morehead City Office 943 Washington Square Mail, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date NorthCarolina naturally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Beverly J. Cohoon, Calvin B. Davis and George T. Davis 2. LOCATION OF PROJECT SITE: Project site is located at the intersection of SR 1328 and HWY 12 on Ocracoke Island adjacent/on Silver Lake off the Pamlico Sound in Hyde County, North Carolina. Photo Index - 2006:90-7883; 1-6 2000:90-1042; P-19 1995:90-960; P-11 State Plane Coordinates - X: 2,200,900 Y: 508,600 Ocracoke Quad. (upper right corner) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 4 August 2010,27 July 2011 Was Applicant Present - Yes, No 5. PROCESSING PROCEDURE: Application Received - 16 August 2011 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification - Community (B) AEC(s) Involved: EW, PTA, CW, ES, PTS (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - None Planned - Rip rap sill and 6' x 150' pier with floating 12' x 16' kayak platform and a 10' x 16' L-head platform. (G) Estimated Annual Rate of Erosion: Unknown 7. HABITAT DESCRIPTION: [AREA] DRFDCTFD FTT,T,FD OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 2,650 ft2(Sill) 200 ft (riprap) 1,252 ft' (Shaded) (Silver Lake Bottom) (c) Other 300 ft2 Uplands (D) Total Area Disturbed: 4,402 ft2 (0.10 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicants propose to construct a riprap sill, backfill an area landward of the proposed sill for the purpose of establishing a Coastal wetland marsh. The applicant also proposes to construct a 3' x 100' long rock check dam to filter storm water runoff draining from the adjacent roadway and other properties. Applicant proposes to construct a 6' x 150' pier with a 10' x 16' L-head platform and a floating 12' x 16' platform to be used while launching and retrieving kayaks. Calvin B. Davis Beverly J. Cohoon George T. Davis Ocracoke Island/Hyde County Project Setting The project site is located at the intersection of SR 1328 and HWY 12 on the south end of Silver Lake off the Pamlico Sound on Ocracoke Island, Hyde County, North Carolina. The .5 acre project site is part of a larger undeveloped 1.45 acre tract. The .5 acre project site adjacent Silver Lake is separated by SR 1328 from the remaining .95 acres. The project site consist of Coastal Wetlands marsh, open water and an area of uplands adjacent SR 1328. The Coastal Wetlands marsh is predominately vegetated with smooth cordgrass (Spartina alterni ora) growing on a dark peat substrate with a discernible escarpment that extends ± 6" above the normal water level. The smooth cordgrass marsh transitions to a higher marsh vegetated with black needle rush (Juncus roemerianus) and salt meadow hay (Spartina patens). There is a narrow area of uplands along the road shoulder adjacent SR 1328. A small area of uplands (±1,600 ft') on the east side of the property closest to the intersection of HWY 12 and SR 1328 has been historically used to store and rent kayaks by a local business owner. This area is vegetated with red cedar (Juniperus vir iniana). An area of open water divides the Coastal Wetland marsh and extends through the marsh and the narrow band of uplands to SR 1328. The open water area has a sandy bottom substrate. There is some scattered submerged aquatic vegetation (SAV), eel grass (Zostera marina), scattered to the point that it is not discernable as a "bed". The SAV is found mainly in water depths greater than one foot. Living shellfish were not observed in the open water area other than some opportunistic oyster attachment to a derelict piling and discarded tire. This area has been historically used as an access point including but not limited to the retrieval of small boats, loading of commercial fishing vessels participating in the pound net fishery and pedestrian traffic as part of the kayak rental business. These uses have weakened the marsh and have contributed to erosion of this area. This area, being the lowest elevation from the surrounding development as well as the intersection of SR 1328 and Hwy 12 is subject to a lot of stormwater runoff. This area is also subjected to strong currents several times a day created by the ferry traffic landing in Silver Lake. This area and its natural land forms coupled with the aforementioned man made impacts have likely contributed to erosion of the marsh resulting in a larger area of open water/embayment in Silver Lake. Water depths in this area are shallow, generally V or less. Silver Lake is classified as SC by the Environmental Management Commission and is closed to shellfishing. Silver Lake is classified as a Coastal Waterbody by the NC Division of Marine Fisheries. Project Description The applicant proposes to construct a granite rip rap sill across an opening /gap in the marsh. The sill would consist of two sections, one section from the northern marsh extending Beverly J. Cohoon George T. Davis Calvin B. Davis Ocracoke Island/Hyde County Page Two 35' and with a 10' overlap with the 45' section extending from the southern marsh. The proposed sill will have a 10' base and a 3' top width extending 1' above the normal water level (NWL). The sill would have 2.5':1' side slopes. The overlap will have a width of 10' measured from the top center of each sill. The toe of each sill would meet in the gap leaving an opening f5' wide below the NWL. The armoring of the gap bottom between sills is intended to prevent scouring of the bottom by strong currents created during periods of ferry traffic in Silver Lake. A rip rap revetment along 20' of the marsh face is proposed where the sill meets the marsh on the north and south sides. An area 1,850 ft2 in size, is proposed to be backfilled with sand to the elevation the adjacent cordgrass marsh transitioning to black needle rush and salt meadow hay then to a narrow band of uplands with red cedar and wax myrtle. The sand to be used as backfill is spoil from a recent permitted maintenance excavation project on the island. The applicant proposes to only plant the uplands during the first growing season as the applicant expects the marsh portion of the backfill area to colonize naturally without the aid of planting. If by March 2013 the backfilled area has not vegetated as marsh, the applicant will then purchase the appropriate Coastal wetland marsh species for planting of the backfilled area. A 100' long riprap/rock check dam is proposed to be constructed 4' from the edge of pavement along SR 1328. The check dam will have a 3' wide base and be 1' tall. The area between the check dam and pavement will be filled with gravel. The applicant also proposes to construct a 6' x 150' pier with a 10' x 16' L-head platform and a floating 12' x 16' platform, both waterward/offshore the proposed sill. The floating platform, among other things, will be used for the launching and retrieval of kayaks and small boats. Anticipated Impacts The proposed sill and backfilling will result in the filling of 2,650 ft2 of Silver Lake bottom, 800 ft2 for the sill and 1,850 ft2 for the backfill. There will be some short term turbidity during placement of the rip rap sill and associated backfilling with sand. The proposed pier with fixed and floating platforms will shade 1,252 ft2 of Silver Lake bottom. The rock check dam will result in the filling of 300 ft2 of uplands. Steve Trowell - Washington Regional Office - 23 August 2011 Kelly Davis 19770 US Hwy 264 Swan Quarter, NC 27885 August 15, 2011 Silver Lake Condos c/o Robert Chestnut P.O. Box 517 Ocracoke, NC 27960 Dear Bob: As the authorized agent for landowners Beverly Cohoon, George T. Davis, Jr., and Calvin B. Davis, I am providing you a copy of their Division of Coastal Management Major Permit application package. The landowners are applying to implement a coastal marsh restoration on their property located at the intersection of Silver Lake Drive (SR 1328) and NC 12, Ocracoke, Hyde County, North Carolina. When implemented, the restoration design will stabilize the eroded shoreline and protect their lot from further ferry wash and stormwater runoff. As part of the permit application process, the landowners are required to notify adjacent riparian landowners by Certified, Return Receipt Requested mail. You are receiving this package because you have been identified as an alleged adjacent riparian claimant. As such, you may comment on the project within 30 days from the date you receive this by contacting: David Moye, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, North Carolina 27889. Thank you f6r your time. Sincerely, lze'(-?X Kelly Davis --1-1 ...................................... pi. „P? Sox .: PU ;r s --------------------------------------- 11 ------------------------------------Qc?c,oics. ? IJ?. ?-1S4a :oa ev. Kelly Davis 19770 US Hwy 264 Swan Quarter, NC 27885 August 15, 2011 Ruth Wilson P.O. Box 2493 Manteo, NC 27954 Dear Ms. Wilson, As the authorized agent for landowners Beverly Cohoon, George T. Davis, Jr., and Calvin B. Davis, I am providing you a copy of their Division of Coastal Management Major Permit application package. The landowners are applying to implement a coastal marsh restoration on their property located at the intersection of Silver Lake Drive (SR 1328) and NC 12, Ocracoke, Hyde County, North Carolina. When implemented, the restoration design will stabilize the eroded shoreline and protect their lot from further ferry wash and stormwater runoff. As part of the permit application process, the landowners are required to notify adjacent riparian landowners by Certified, Return Receipt Requested mail. You are receiving this package because you have been identified as an adjacent riparian landowner. As such, you may comment on the project within 30 days from the date you receive this by contacting: David Moye, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, North Carolina 27889. Thank you for your time. Sincerely, Kelly D s Postal ServiceTh, =Ef?Ti?FIED MAIL,,, RECEIPT [domestic Mai! Only; No Insurance Coverage Provided) o formation visit our website at www.usps.com® Return Rec ipt Fee r_ndo(semem R quired) 9 Restrcted DeliV nJ Foe r domemen;Re' iredj Zeta! Pcstage & Fe 3treef, fist, nlc )r PO Bo„ hio. ;!?y S?d 2, 7ir 130 -4 3 --------- --- e? Postmark Here -o. 0 C- --a, x'54 Kelly Davis 19770 US Hwy 264 Swan Quarter, NC 27885 August 15, 2011 Douglas O'Neal 162 Whitehurst Dr. Beaufort, NC 28516 Dear Mr. O'Neal: As the authorized agent for landowners Beverly Cohoon, George T. Davis, Jr., and Calvin B. Davis, 1 am providing you a copy of their Division of Coastal Management Major Permit application package. The landowners are applying to implement a coastal marsh restoration on their property located at the intersection of Silver Lake Drive (SR 1328) and NC 12, Ocracoke, Hyde County, North Carolina. When implemented, the restoration design will stabilize the eroded shoreline and protect their lot from further ferry wash and stormwater runoff. As part of the permit application process, the landowners are required to notify adjacent riparian landowners by Certified, Return Receipt Requested mail. You are receiving this package because you have been identified as an adjacent riparian landowner. As such, you may comment on the project within 30 days from the date you receive this by contacting: David Moye, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, North Carolina 27889. Thank you for your time. Sincerely, Kelly Davis i ER... Postage CartiPied F n Return Receipt P stmark ndorsen sament Peaui d) d} ere i1 Restricted Delivery ee i 7-ndorsemen Recuir dl , -c£ai Pcscace ? ---°---' ............................ ;iP,. Stale, ZJI>>Q ......................................................... 'r P0 Boy Na. (3r.?.,._fw+-,-rte ?£3S?cP Kelly Davis 19770 US Hwy 264 Swan Quarter, NC 27885 August 15, 2011 William T. Bell c/o Creekside Restaurant 621 Irvin Garrish Highway Ocracoke, NC 27960 Dear Mr. Bell: As the authorized agent for landowners Beverly Cohoon, George T. Davis, Jr., and Calvin B. Davis, I am providing you a copy of their Division of Coastal Management Major Permit application package. The landowners are applying to implement a coastal marsh restoration on their property located at the intersection of Silver Lake Drive (SR 1328) and NC 12, Ocracoke, Hyde County, North Carolina. When implemented, the restoration design will stabilize the eroded shoreline and protect their lot from further ferry wash and stormwater runoff. As part of the permit application process, the landowners are required to notify adjacent riparian landowners by Certified, Return Receipt Requested mail. You are receiving this package because you have been identified as an adjacent riparian landowner. As such, you may comment on the project within 30 days from the date you receive this by contacting: David Moye, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, North Carolina 27889. Thank you for your time. Sincerely, Kellv Davis 41 ?? . Postage ) ' a Certified Fee AU 6 15 2011 Postmark Return Receipt Fae _ndorsement Required) Her Restricted Delivery Fee ndorsemen'i Required) .ota4 Postage & Fees ° 11SPS >eni To f ?v- . i - CA.R G'A'?TiL? Qtf'? '----'---1/-'-''-------°.'-- .....-..°--°' ..................... ;freer, Apt. No.; ! _ 2- t H'A, x PO 8o- No. lX --"-• ---' °--^-'-"--•'--------------- "-------.".--------........-..-....-.-.-.--. A V, State, ZIP-? w ?,- ,-VN- 71`i cP '1 1141. 2? QTi QM 0- Kelly Davis 19770 US Hwy 264 Swan Quarter, NC 27885 August 15, 2011 Corinne M. Roberts 913 Cantor St. Chesapeake VA 23322 Dear Ms. Roberts: As the authorized agent for landowners Beverly Cohoon, George T. Davis, Jr., and Calvin B. Davis, I am providing you a copy of their Division of Coastal Management Major Permit application package. The landowners are applying to implement a coastal marsh restoration on their property located at the intersection of Silver Lake Drive (SR 1328) and NC 12, Ocracoke, Hyde County, North Carolina. When implemented, the restoration design will stabilize the eroded shoreline and protect their lot from further ferry wash and stormwater runoff. As part of the permit application process, the landowners are required to notify adjacent riparian landowners by Certified, Return Receipt Requested mail. You are receiving this package because you have been identified as an adjacent riparian landowner. As such, you may comment on the project within 30 days from the date you receive this by contacting: David Moye, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, North Carolina 27889. Thank you for your time. Sincerely, K ? ?? Kelly Davis ? postZge a r- Certified pee S- r C3 Return Receip„F ement Reci - ) O (Endors 13 F Restricted D Req/i L 1'K' ` dndo cement t Req' ?c Q [ L & Fe s rU oiai postage RJ I v" - Apt....... .; "1( - 'I postmark ?? Here ---------------- --------------------------------- :: 3 3 2- ??? a Kelly Davis 19770 US Hwy 264 Swan Quarter, NC 27885 August 15, 2011 Ocracoke Preservation Society P.O. Box 1240 Ocracoke, NC 27960 Dear Sir or Madam: As the authorized agent for landowners Beverly Cohoon, George T. Davis, Jr., and Calvin B. Davis, I am providing you a copy of their Division of Coastal Management Major Permit application package. The landowners are applying to implement a coastal marsh restoration on their property located at the intersection of Silver Lake Drive (SR 1328) and NC 12, Ocracoke, Hyde County, North Carolina. When implemented, the restoration design will stabilize the eroded shoreline and protect their lot from further ferry wash and stormwater runoff. As part of the permit application process, the landowners are required to notify adjacent riparian landowners by Certified, Return Receipt Requested mail. You are receiving this package because you have been identified as an alleged adjacent riparian claimant. As such, you may comment on the project within 30 days from the date you receive this by contacting: David Moye, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, North Carolina 27889. Thank you for your time. Sincerely, ti Postage $ -1 Ce^ified Fee ?N Reiu:n Receipt Fee (E"dgrser`lent Required) f 7? Postmark (J Jr Restricted Delivery FEE 20re `Endorse rant Required) I i i 1 j I Total Postage & Fees J n <<f -____. vwH La $YaAEi. AAp9_Alp .............. -- or PO Box Mo. --- • ° C- - -- l3 ok rd- to ity, Slate, /P-=E Caw,-- -- ...----•-...-- ? ------------ PROJECT NARRATIVE COHOON-DAVIS MARSH RESTORATION Silver Lake Road, Ocracoke, Hyde County, North Carolina August 15, 2011 In 1967, attorneys Walter W. Cohoon and George T. Davis, Sr., settled a boundary dispute between two landowners on Ocracoke Island. Cohoon and Davis were given half of the disputed parcel as payment. That parcel, extending from Silver Lake near the intersection of SR 1328 and NC 12 southeast to Lighthouse Road totals 1.45 acres and is now owned by the Cohoon and Davis heirs including Beverly J. Cohoon of Elizabeth City, NC, and George T. Davis, Jr. and Calvin B. Davis, both of Swan Quarter, NC. The Cohoon-Davis tract includes a 0.465 acre lot where the actions proposed in this application will take place. That lot is bounded by Silver Lake on the west; S.R. 1328 and Silver Lake Condos on the east; Ruth Wilson, Douglas O'Neal and William Bell on the north; and Corinne Roberts on the south. The vegetation and shellfish on the lot were surveyed in July and August 2010 and July 2011 by Kelly Davis, the landowner's agent who has 30 years of experience working in public and private wetlands. Davis surveyed the vegetation at intervals of six feet on lines spaced six feet apart. Her findings show the lot includes open water with coastal salt marsh dominated by smooth cordgrass (Spartina alterniflora) sloping up through the irregularly flooded zone where it combines with salt meadow cordgrass (Spartina patens), black needlerush (Juncus roemerianus), salt grass (Distichlis spicata), sea oxeye (Borrichia frutescens), and groundsel tree (Baccharis halimifolia). The marsh transitions to an upland margin adjacent to S.R. 1328 with Eastern red cedar (Juniperus virginiana), wax myrtle (Myrica cerifera) marsh elder (Iva frutescens), salt meadow cordgrass, panic grass (Panicum virgatum), and fimbristylis (Fimbristylis spp.). The water present within the property boundary has a sand bottom primarily void of submerged aquatic vegetation (SAV). In the summers of 2010 and 2011 Davis surveyed the sand bottom by walking lines six feet apart. She covered virtually all of the bottom landward of the proposed rock sill and found no SAV. In July 2011, DCM representative Steve Trowell observed a few individual rooted eel-grass (Zostera marina) plants lakeward of the proposed sill. No living shellfish have been observed. Juvenile estuarine fish are occasionally present in the waters. In 1986, the owners built a 100 foot pier that extended into Silver Lake. The pier fell into disrepair in the mid 1990's and was not rebuilt. Between the early 1990's and 2011, commercial kayak renters were allowed to cross the lot to access Silver Lake. Non-permitted recreational and commercial boating related activity have also occurred on the lot. The lot is currently posted and non-landowner use is prohibited. Approximately 3700 square feet of the lot's salt marsh, mostly in the northeastern wetland portion, has been seriously eroded during the past 15 years. Three factors have caused most of the erosion. First, the lots that surround the intersection of NC 12 and SR 1328 have been altered to raise their elevations for development. The Cohoon-Davis lot is now the low point in that vicinity and receives the majority of the stormwater runoff from the two roads, so much so that a gulley approximately one foot deep, two feet wide, and 15 feet long has formed from the road onto and across a portion of the lot. Second, the ferry wake, which rushes across the lot several times daily, has exacerbated the erosion of the marsh by the road wash. Thirdly, kayaker foot traffic and boat landings have degraded the marsh to the point that the root mat has been eliminated from the eastern marsh portion and the red cedar trees are now being toppled by winds and waves. In June 2010, the owners determined the erosion was not acceptable and the marsh needed to be restored. Davis met with Trowell and Ride the Wind owner Bob Chestnut at the lot in July 2010. Trowell advised Davis that a CAMA MP-1 would be required for restoration of the lot. Davis advised Chestnut that the owners would likely request him to cease use of the property in the near future. In August, Davis met again with Trowell as well as NC DOT representatives Eugene Sexton and Allen Russell, private contractor Darron Burrus and NCCF biologist Erin Fleckenstein. The group discussed the feasibility of installing a rock sill to dissipate ferry waves, a check dam along the road shoulder to disperse stormwater runoff, and backfilling of natural sand to recreate the natural slope of the marsh. Trowell marked the coastal wetland line in September 2010 and Seaboard Surveying conducted a property survey soon after (see attached survey map). In late March 2011, after receiving the final survey maps, the owners met with Chestnut and informed him that he would need to remove his kayak racks and cease use of the lot by June 1, 2011. Chestnut complied. The owners posted the lot on June 15, 2011 and authorized Hyde County sheriff's deputies to enforce trespass laws accordingly. This permit application represents the owners' best efforts to initiate the restoration of their coastal marsh and includes the construction of an overlapping rock sill, the placement of backfill in the eroded zone, the installation of a granite check dam along SR 1328 to disperse stormwater runoff across the lot, and, if necessary, the sprigging of appropriate wetland species in the backfill zone. The owners request permission to construct a check dam on their property, approximately/W feet long and placed immediately adjacent to the NCDOT right-of-way. The check dam will be made of Class 2 granite as shown on the attached drawing and be approximately 3 feet wide at the base tapering to one foot wide at the top. The owners also request to construct a rock sill approximately 110 feet from the right-of-way. The sill would have a 2.5: 1 pyramidal cross section with a base ten feet wide tapering to top width of three feet. The sill would extend one foot above normal water level to optimize its visibility to various watercraft using Silver Lake. The sill would include two sections with a distance of eight to ten feet between the center of the top rocks. One section would extend 35 feet from the northern marsh and overlap ten feet with the 45 foot section extending from the southern marsh. An additional layer of Class 2 granite will be placed where the bases of the two sills meet. This rock layer will protect the sandy bottom between the sills from scour by ferry waves. The sill rocks will be purchased through Winkie Silver in Manteo, NC and stored in a large metal bin located on the upland portion of the property. In the winter of 2012, Silver will be contracted to put the rock in using an excavator-type machine with a reach of 50 feet. The machine will be walked across the lot using dragline mats and be positioned on the mats as needed to minimize disturbance of the existing marsh and/or sandy bottom. Additional rocks will be placed 10-20 feet along both marsh edges lakeward of the sills to protect the sand from scouring near the sills' bases. The rocks will be placed on the water bottom, flush with the bank, and extend six inches above the escarpment. After the sill is constructed, 1850 square feet of the wash area and eroded marsh will be back- filled with approximately 68 cubic yards of clean, natural sand currently stockpiled on the northern side of Ocracoke near Oyster Creek. The sand will be hauled to the site in a truck and dumped in the wash area. A small tractor or Bobcat with a front blade will be used to spread and taper the sand to match the natural elevation of the adjacent marsh. After the backfill is completed, NC DOT will deliver the necessary amount of Class 2 granite and stockpile the rock on the upland border of the lot. DOT will also provide the appropriate yardage of filter cloth. The owners' crew will place the filter cloth adjacent to the NC 1328 right- of-way, approximately four feet from the road edge, for a length of A 0 feet. The rocks will be placed on the cloth in a pyramidal form, three feet at the base tapering to 1 foot at the top. Once the rocks are in place, DOT will fill the road shoulder gulley with gravel. Within 30 days of the check dam placement, the owners will plant the narrow upland edge of the backfilled area will appropriate wetland shrubs obtained from outside sources. The wetland portion of the backfilled area is expected to recolonize quickly with smooth cordgrass, salt meadow cordgrass, and salt grass. If the wetland portion of the backfilled area does not revegetate suitably by March 2013, the owners will sprig that area with vegetation obtained from outside sources. The sprigged species will match the species present at the same elevation in the adjacent marsh. Sprigged species will likely include smooth cordgrass, salt meadow cordgrass, black needlerush, and others available from the outside sources. The owners anticipate that their actions will restore the eroded lot and recreate 1850 square feet of salt and brackish marsh. The implemented project should also protect 1815 square feet of bottom between the restored marsh and the rock sill from ferry wave and stormwater runoff. In turn, this could allow the colonization of SAV in the protected bottom, particularly shoal-grass (Halodule wrightii) and eel-grass. Additionally, the landowners hope that the stabilized shoreline, restored wetlands, and protected bottom will provide habitat for various aquatic and wetland micro- and macro-invertebrates including common oysters (Crassostrea virginica), ribbed mussels (Modiolus demissus), and other organisms. Although not within the scope of this permit application, the owners are considering future habitat improvement projects including oyster cultch placement and SAV seeding or sprigging. The owners are also requesting permission to construct a 150 foot pier from their upland border over the restored marsh and open water to a point 95 feet beyond the rock sill. The owners would like to install a 12 feet by 16 feet floating kayak dock on the lake side of the sill (see attached dock specs) to accommodate authorized pier users. ADDITIONAL INFORMATION DCM MP-1 COHOON-DAVIS MARSH RESTORATION August 15, 2011 1. Additional Applicant Applicant 3: First Name: Calvin MI: B. Last Name: Davis 4. m. The coastal wetland line on the track was flagged by Steve Trowell in September 2010. 6. f. Riparian Owners con't. Ocracoke Preservation Society (quit claim deed not actual ownership) P.O. Box 1240 Ocracoke NC 27960 (252) 928-7375 Corinne M. Roberts 913 Cantor St. Chesapeake VA 23322-4644 (757) 546-1457 Silver Lake Condos Robert Chestnut P.O. Box 517 Ocracoke NC 27960 (252)928-6311 =W-1 2011080 1 AFFUCAT1811hr mgrrlerelq0e1tnmn (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Cohoon - Davis Marsh Restoration Applicant 1: First Name Ml Last Name Beverly J Cohoon Applicant 2: First Name Ml Last Name George T Davis If additional applicants, please attach an additional page(s) with names listed- Mailing Address PO Box City State 19770 US Hwy 264 Swan Quarter NC ZIP Country Phone No. FAX No. X8885 4 Q T? SJ Hyde 252 - 944 - 3685 ext. 252 - 926 - 3481 Street Address ff different from above) City State ZIP Email kel.cb.davis@gmaii.com 2. Agent(Contractor Information Business Name Agent/ Contractor 1: First Name Kelly MI N Last Name Davis Agent/ Contractor 2: First Name MI Last Name Mailing Address 19770 US Hwy 264 PO Box City Swan Quarter State NC ZIP 27885 Phone No. 1 252 - 944 - 3685 ext. Phone No. 2 252 - 926 - 8451 ext. FAX No. 252 926 3481 Contractor # n/a Street Address (if different from above) City State ZIP Email kel.cb.davis@gmail.com <Form continues on back> Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Hyde Intersection of NC 12 and SR 1328 Subdivision Name City State Zip n/a Ocracoke NC 27960- Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 944 - 3685 ext_ n/a, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar-Pamlico Silver Lake 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 Pamlico 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. Ocracoke Development Ordinance covers entire village 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 295 20,262 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 0.51-1.01 ?NHW or ®NWL e. Vegetation on tract Wetland: Spartina altemiflora, Juncus roemerianus, Borrichia frutescens, Spartina patens Submerged: none rooted Non-wetland: Myrica cerifera, Juniperus virginiana f. Man-made features and uses now on tract Tract void of any man-made features as of June 30, 2011. Formerly had privately owned kayak racks, two abandoned sailboats and pound net poles of unknown ownership; also, wash area on tract has been used for launching of recreational and commercial fishing boats.Pier built on property in 1986 but subsequently destroyed. The only use ever allowed by landowners was for kayak access to Silver Lake by Ocracoke Island Adventures and more recently Ride the Wind. g. Identify and describe the existing land uses adiacent to the proposed project site. Non-developed coastal marsh and private piers south of the site; bulkheaded private residence north of the site. Silver Lake proper adjoin site on the west side while SR 1328 adjoins it on the east side- One portion of the east boundary is owned by Ride the Wind and is used for kayak storage and a trash bin. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? The tract is technically unzoned but the land use of it is (Attach zoning compliance certificate, if applicable) regulated by the Ocracoke Development Ordiance. The ?Yes ?No ®NA proposal is consistent with the ODO. j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Has a 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 ft involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit 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. none o. Describe existing drinking water supply source. none 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/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. When complete, the restored estuarine shoreline and adjacent coastal marsh will be allowed to revegetate with native vegetation. As the marsh revegetates it will once again filter and clean runoff from adjacent roads, provide habitat for mussels and periwinkles and add to the suitability of the adjacent water for young fish and shrimp forage and shelter. The pier and floating kayak dock will be used to access Silver Lake without causing disturbance to the restored wetland. 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. Two overlapping rock sills, shown on attached drawing, will be built with Class 1 granite placed pyramidically 10' at the base and 3' at peak extending 1' above the NWL. The sills with have a 10' overlap and 5' open space between them. The sill rocks will be placed with an excavator or similar machine operated from mats placed in the wash area or adjacent Spartina marsh. The placement will take one day so the machine will not need on-site storage. The rocks will be moved to the work site on the day of work and temporarily stored in a metal bin placed between SR 1328 and the wash area. After the sill is built, the backfill area, 1850 sf and located on attached drawing, will be created. The backfill material will be composed of clean, natural sand currently stockpiled near Oyster Creek on Ocracoke. The sand will be hauled to the site on the day it is used and gradually sloped using a small tractor with blade or front-end bucket to match the natural shore profile. A /eecheck dam made of Class 1 granite will be built adjacent to the SR 1328 right-of-way to reduce stormwater runoff. The pica, 150' long and 6' wide, shown on the attached drawing, will be built after the backfilled area is created. It will be made of pressure- treated 8" round pilings and pressure-treated lumber and built T- 5' over the marsh. The pilings will be driven with an excavator attachment or washed down with power tools.Near the end of the pier a floating kayak dock will be attached to the pier pilings. See attachment for kayak dock specs. d_ List all development activities you propose. This proposal includes construction of a 83"rock sill to dissipate wave energy from ferries and storm tides, using sand to backfill the wash area for the restoration of the estuarine shoreline, and the construction of a 150' pier and attached floating kayak dock. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 3500+/- ®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. surface runoff from NC 1328 will continue but be dispersed by check dam rather than gullied across lot Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 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 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) - M are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 Ruth Wilson Phone No. 252-473-2954 Address P.O. Box 2493, Manteo NC 27954 Name Douglas S. O'Neal Phone No. 252-728-5615 Address 162 Whitehurst Dr., Beaufort NC 28516 Name William Bell clo Creekside Restaurant Phone No. 252-928-3606 Address 621 Irvin Garrish Hwy, Ocracoke NC 27960 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. none 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 is truthful to the best of my knowledge. Date -el 15- ) Print Name -Kelly Davis Signature Form DCM MP-1 (Page 5 of 5) 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 APPLICATION for Major Development Permit Form DCM MP-2 EXCAVATION and FILL (Except for 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length go J Width 3- 10' Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ?Yes ?No ?NA ?Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ?Yes ?No ?NA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ? This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 80si / I itc;, , ?Bulkhead ®Riprap ®Breakwater/Sill ?Other: c. Average distance waterward of NHW orNWL: 35 ^S//? .n e. Type of stabilization material: Class 1 granite g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill 800 Other i. Source of fill material. rock sill: quarry - Winkie Silver Width: 10.C,-# . '(/ d. Maximum distance waterward of NHW or NWL: 100 °'-S ? f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. 2500 sf last 15 years; landowner estimation h. Type of fill material. rock sill: Class 1 granite 4. OTHER FILL ACTIVITIES ?This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh MM If yes, (ii) Amount of material to be placed in the water 68 cu v (iii) Dimensions of fill area approx 60'x 42' (iv) Purpose of fill Restore natural marsh elevation submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ®SAV Ot, ?SB ?WL ?None (ii) Describe the purpose of the fill in these areas: Rock breakwater will protect sandy bottoms and coastal wetland from ferry wash/erosion; should result in net gain of SAV. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Granite rock will be stored in bin on uplands. Backfill sand will be excavator-type machine will be used to move and place granite; hauled and spread the same day. dump truck and small tractor w/ front blade or bobcat will be used with backfill sand. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ?Yes ®No ?NA site? ®Yes ?No ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Excavator will be moved on dragline mats across wetlands Project Name C0?(011'1 -?4(/1 S ft'1213 I'CLS Date kit Applicant Name Applicant Sig at re Form DCM MP-4 STRUCTURES (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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ?Public/Government ®Private/Community ? This section not applicable b. (i) Will the facility be open to the general public? ?Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length -,j , (iv) Width 6 (v) Floating ?Yes ®No e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Numbe (iii) Length 16) 16 (iv) Width 1A,io" (v) Floating EIYes ?No / `??•?`) ) r r/'???? Note: Roofed areas are calculated from dripline dimensions, g. (i) Number of slips proposed 0 (ii) Number of slips existing 0 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: 16 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: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). kayaks, small motor boats. sail boats 1. (i) Will the facility be open to the general public? []Yes ®No m. (i) Will the facility have tie pilings? ?Yes ONo (ii) If yes number of tie pilings? 2. DOCKING FACILITY/MARINA OPERATIONS 0This 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 (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?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. 3. BOATHOUSE (including covered lifts) E] 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 b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 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.) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 100 ft 75 ft Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1200 ft d. Water depth at waterward end of structure at NLW or NWL 2-3 ft e. (i) Will navigational aids be required as a result of the project? ?Yes ONo ?NA (ii) If yes, explain what type and how they will be implemented. 18. OTHER ?This section not applicable a. Give complete description: The owners request permission to construct a 150' pier originating on their uplands and crossing 3 -5 ft above wetlands, open water, and rock sill. The pier will be 6' wide and constructed of pressure -treated lumber and concrete pilings. Pilings will be washed 6 feet into bottom. The pier will end in a it?' x 16' tee. Near the end of a pier, a movable 14'x 16' floating kayak dock will be fastened. Pier will be for private and other authorized use only. Date (!0k0Cr- T kq_S Ma-+3? ?c s?'or ?vYv Project Name id Lu -tX L S Applicant Name ? t i A '?K k Applicant Signatur Cohoon-Davis Marsh Restoration Ocracoke NC August 15, 2011 kccuDock Floating Dock Systems 12 X 16 Kayak Dock with Slip 3 x 8... - watetine?G T .y i 12 X 16 Kayak dock w S! X 3' slip Underwater connector > a 91-6" 7 --- n 2 o n s 31" What comes with this dock for the price $4899? 4 - 4'X 8' float @ $849 2of10 http://www.accudociccom/order 12x l 6sl ip-dock2.htm Oaerhead Mil h- We asses tra --4 }( S WATCH THE VIDEO: $3396.00 6/30/2011 12:22' ?N d y -a l of 't 070- L?? i x } Z 1?^ s ` I ? ? ? v I I ?4 d ? c d N ? .O ?Tr V tv 4 1 O 1 i ly ? ! ? Z ? oa N O 01 c° ?n z ? s ? 8 N C ? l J O 1 nti L a ? s w J 2 N o o vi ? L o