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
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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
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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
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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
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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
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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,
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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
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(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
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