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HomeMy WebLinkAbout20060158 Ver 2_CAMA Permit Application_20070112~~,~ `/ wr.~~....~. ~ ~D - t~ ~ 5 g Y c~- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Governor Charles S. Jones, DlreCtor William G. Ross Jr., Secretary January 8, 2007 MEMO TO: Sara Winslow, DMF Kyle Barnes, DWQ Cyndi Kazoly, DWQ Mazia Tripp, WRC John CeCe, DCM Charlan Owens, DCM Raleigh Bland, USACE FROM: Doug Huggett SUBJECT: Republic Cover at Southern Shores, Daze County Attached please find a copy of the modified development proposal for the referenced project. This project was originally submitted for your review in early 200b. However, various issues prompted the applicants to place the project on hold while they attempted to address these situations. The applicants hope that the modified proposal contained herein will meet you're your agencies approval. Therefore, with this in mind, Y would like to ask that you review the modified project proposal and submit to me any additional comments that you may have. Please feel free to contact me at (252) 808-2808 if you have any questions or additional comments on the proposed project. ~'~69 E<..~r~'~ r? ~ s* '~ t `~ 7 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2$0$1 FAX: 252-247-3301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110°k Post Consumer Paper ATLANTIC ENVIRONMENTAL CONSULTANTS, P.4. Boa 3266 Kitty Hawk NC 27949 ~'~_ ~ ~ ~~ "~ r.a . (252) 261-7707 faz (25Z) 2b1-2965 '~~~; 4, n~~c" , ~ r~il~~ Morehe~~ ~:i~y ~~M November 29, 204b Mr. Doug Hu$gett Division of Coastal Management 40~ Commerce Avenue Morehead City, NC 28557 Dear Mr. Haggett, This letter is accompanying a revised CAMA Major Permit Application package and plats for the Cove at Southern Shores. The applicant Republic Cove Properties, LLC is proposing improvements to a 5.35 acre commercial property in Southern Shores, Dare County, North Carolina. Republic Cove Properties, LLC is proposing to construct a 36 unit town home facility adjacent to Ginguite Creek with a walkway landward of the existing bulkhead. The proposed emergency access has been moved outside the 30' buffer setback and the footprint of the proposed building has also been reduced to accommodate the emergency access location. The following information has been submitted as part of the permit application: `~ 1. Revised application forms DCM-MP-I, 2, & 3 2. A revised narrative description of the project. 3. Ten copies of the revised site plan and details. If you have any questions or you need additional information, please do not hesitate to call me at 252-261-??07 Sincerely, :~ Douglas Dorman Atlantic Environmental Consultants, LLC ~, ~- k F .."" `i L d.w... r, x u `~,e, e,ef ii~ 3 ¢ ~~ r~ ~~ PROJECT NARRATIVE Republic Cove Partners, LLC CAMA Major Permit -The Cove Townhomes - U.S. Revised November 28, 2006 U ~'' ,- ~~° .~ ~i^r, %,t , ._ ~'~~ ore~~ 158, Kitty Hawk, Dare Coun Cjty ~/~ The location of the proposed project is north of Hwy 158 in Kitty Hawk, just one half mile from the Wrights Memorial Bridge. This project is located on C~inguite Cove connected to Ginguite Creek, which is a tributary of the Curritudk Sound. The property owners are proposing a townhouse development to include a highground walkway along an existing bulkhead, concrete swimming pool facility with bathrooms, handicap rarY-p, fencing and two mulch paths, one mulch path within the 30'buffer to access the proposed walkway. The townhouse building has a 38,872 s.f. footprint to incude elevated parking under the proposed building. The purpose of the proposed development is to provide housing to meet the demands for permanent residence within the Outer Banks community. The Outer Banks has excessively developed seasonal rental homes, retail and restaurant businesses which has pressed a demand on permanent housing for permanent residence. This density housing will accommodate 36 families. The proposed building #ootprint is 38,872 s.f. to include parking underneath within the footprint. The proposed building is three stories, including underneath ground level parking and two stories with 38 units (19 units per story). An emergency access is proposed behind the proposed building (north) to be constructed of black plastic webbing called Presto GeoWeb (20'x 805 linear feet). The Presto GeoWeb is a black plastic webbing less than 1/16 inch in thickness, and six inches deep, when in place, each call opening measures eight inches x eight inches with an opening totaling approximately 64 square inches with 168 holes (hole opening measuring 3/8 inch and spaced approx. %. inch apart) per cell. To prepare the placement of the GeoWeb, a front- end loader will excavate an area (20'x 805 linear feet) approximately six inches deep to place the GeoWeb on level existing soils {sand). Once the Presto GeoWeb is in place (approx. 3' fiberglass stakes will be used to hold GeoWeb cells open in the correct dimensions) the GeoWeb cells will be filled with suitable sand by shovels and bobcat {sand trucked in from a commercial upland source) to cover the GeoWeb mesh. Once in place the GeoWeb area will be seeded to allow stormwater filtration. This GeoWeb construction creates a stable emergency road to access the back (north) portion of the proposed building in emergency situations only by emergency vehicles, which also allows infiltration of stormwater by its' construction. This area will be designated as an emergency vehicle access only. This emergency vehicle access is required by local governments for density housing, to access the bade of the building in emergency situations. A concrete swimming pool facility is proposed north of the building. The swimming pool facility will include a bathroom area (two restrooms), concrete decking around the pool, a handicap ramp and fencing. A four foot wide mulch. path is proposed east of the fenced area to access the walkway along Ginguite Cove to access the boat dockage area. A six foot wide concrete sidewalk accesses the pool from the back of the proposed building. Wastewater for the proposed facility will be central wastewater provided by an existing central wastewater system adjacent (east) to the subject pr®perty (Ginguite Woods Water Reclamation Assoc., lnc.). Water supply source will ~~~,h~ ~ ~~~~{~ (Protect narrative -The Cove - pg. 2) ~,~ /~ come from the Dare County Water system. No proposed wells or wastewater on site. ~>~,. Disturbance within the 30' Buffer includes: Wooden walkway (5'x 705') ......................... 3,525 s.f. Mulch paths ............................................. 1.040 s.f. Total disturbance within the 30' Buffer 4,565 s.f. NQ impervious areas proposed within the 30' Buffer (conflrtned during meeting with DCM on site) Total Area of Disturbance for entire project = 798,382 s.f. (4.56 acres) No Coastal Wetland impacts proposed for this project. Coastal wetlands are located within the subject property, adjacent (north) to Ginguite Cove, however, no coastal wetland impacts are proposed for this project. Section 404 wetland impacts include: (1) wetland fill (12,268 s.f.) to construct the driveway, building, and building access, and (2) wetland excavation (2,980 s.f.) to construct a stormwater retention basin. This is a disturbed (atypical) scrub wetland and does not support aquatic life. Proposed fill does not impact adjacent or contiguous wetlands. Wetland fill could not be minimized or avoided due to the following: (1) the necessity to increase the existing grade (3'-4') to six feet to provide adequate drainage away from the proposed buildings and US 158, (2) a second entrance is required by the county to access the townhouse complex, and (3) the proposed east access wilt join an existing access to the development east of this project, limiting accesses to Hwy 158 and providing a sa#er ingress and egress for both developments. The existing wetland pocket on site is an atypical wetland. The existing soils {PsammeMs) are not naturelly occurring soils, which is his#orical dredge spoil, placed in this location when the Ginguite Creek Cove was created. The site was not graded correctly creating low areas, which eventually met the three criteria of U.S. Army Corp of Engineers wetland criteria. This atypical wetland pocket does not support aquatic life. ~ r. ~~ Mitigation proposed for this project includes purchasing wetland credits to offset wetland fiB impacts (12,288 s.f.}. Once approved, wettartd credits wi11 be purchased from N.G. Ecosystem Enhancement Program (NCEEP} by Republic Cove Properties, LLC. (! '." a ~"~~ Form DCM-MP-I ~(,p" ~ 1 S g V~ ~ 4"''`~;-i `~!~~~, ;fir X ~ ~ ~ , ~, Orehe ~ uv~ -. APPLICATI~~ a~ . ~, (To be completed ay an applicants) t'~ 1. APPLICANT a. Landowner: (Northern outer Banks Assoc. LLC c/o Neal Blinken) under coAtract with the applicant Name Republic Cove Partners LLC c% David Peter Address 1280 Marylat d Ave._,~W_ _ Suite 280 c. Street address or sxottdary road number Hwv 158 Croatan Highway) d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name o~ body of water nearest project (e.g. river, creek, sound, bay) Jean Guise Creek City Washington DC .State Zip 20024 Day Phone 3. DESCRIPTION AND PLANNED USE Fax b. Authorized Agent: Name Atlantic Enyirorlmental._,G-nsuhants. LLC Address P.O. Box 3266 OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construct townhomes, fill in Section 404 wetlands City Kitty_Hawk State NC Zip 27949 Day Phone 252-261-7707 b. Is the proposed activity maintenance of an existing project, new work, or both? both Fax 252-261-2965 c. Project name (if any) The Cove AEC#04-004A NOTE: Permit witl be issued in name of t~+ida-vrter(s), and/or project name. ~. LOCATION OF PROPOSED PROJECT a. County Dire .County b. City, town, community or landmark Southern Shores c. Will the project be for public, private or commercial use? Multifamily residential d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Construction of townhomes including a three story buildingLparking, swimming pool, driveway and parking, and Section 404 wetland fill (see ~tiache~ narrative for details) Revised 03/95 ,~ q r ~ A'. Form DCM_MP_1 ,~ .~ ;::. + ~ +~., ~ . ~' /j 1~"• ~~ 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 5.35 acres b. Size of individual lot(s) NIA c. Approximate elevation of tract above MEIW or NWL 3.5 feet d. Soil type(s) and texture(s) of tract Psamments -not naturally! .occurring soils -dredge spoil ftvm historical dredging the Jean Guite Cove e. Vegetation on tract Red maple. wax myetle, red bay, sedges and grasses f. Man-made features now on tract bulkhead g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional X Developed Community Rural Other h. How is the tract caned by local government? Commercial A ~:~ n. Describe lotion and type of disch ~~ rs of the state. (For example, surface runo , wastewater, industriaUcommeroial effluent, "wash down" and residential discharges.) .Surface runoff o. Describe existing drinking water supply source. None at this time -proposed hookup to Dare County municipalities S. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cern,'ficate, f applicable) J• Has a professional done for the tract? If yes, by whom? , archaeological assessment been _ Yes X No k. Is the .project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) _ Other Section 404 wetlands If yes, has a delineation been conducted? yes (Attach documentation, {f available) m. Describe existing wastewater treatment facilities. None at this time • An accurate, lobed work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. •A Itst of the names and complete addresses of the adjacent waterhont (riparian) landowners and signed return receipts ~ proof that such owners Revised 03195 Form DCM-MP-1 Gave received a copy of the application and plats by certi5ed mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name N.C. D.O.T. Address 1929 N. Road Street Phone Elizbeth CitX. NC 27909 Name Diocese of Eastern Carolina Address 40 Pintail Court Phone Kitt~Hawk, NC 27949 Name Address Phone • A list of pre~as state or t`iederal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major P it #98-98 issued 8-31-98 to Kitty i~awk Land Company ~~~-'~, ~- ~o .~ ~1~ •, r~~~ ZpQ~, ~f 1 certify that to the best of my know188, proposed activity complies with the State of No ~in~a,'~s approved Coastal Management Program and ~~"~,I".. conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review ,agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the 1~J~• I further certify that the information provided in this application is truthful to the best of my knowledge. This is the ,~_ day of November , 20 06 . Print Name Douglas Dorman Signature Landowner ut ized Agent Please indicate attachments pertaining to your proposed project. • A check for X250 made payable to the Department of X DCM MP-2 Excavation and Fill Information Environment, Health, and Natural Resources X DCM MP-3 Upland Development (DEHNR) to cover the costs of processing the K DCM Mph Structures Information application. DCM MP-5 Bridges and Culverts DCM MP-6 Marina Developmenrt • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 031'95 Farm DCM -MP-2 EXCAVATION (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to rron7plete all other sections of the Joint Application that relate to this proposed project, Describe below the purpose of proposed excavation or fill activities. All values to be given in fee#. Average Final E:fisting ProjeM w:a+:. np..+~. npnth Access channel ~~~ (NWT.I canal Boat basin Boat ramp Rock groin Rock (rip rap) breakwater Qther (Excluding shoreline stabilization) Len tb ........ ~~.__ --r-- o N/A ----- ---- ---- N/A ---_ ----- __---- NIA ----- ----- --- N/A ----- ---_ ----- NIA ------ ----- N/A ------__ ____- r~ N/A - /~ ~• ~~~~ ~jeh ~ ~liF ~a c,~ ac,~ 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yazds N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes x No d. Highground excavation in cubic yazds; N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area NIA b. Dimensions of disposal area N/A c. Do you claim title to disposal azea? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future N/A maintenance? Yes No If yes, where? Same area Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? Yes No N/A f. Does the disposal include any area in the water? Yes ~ No N/A 3. SHdR~I,.INE STABILIZATION ILIA a. Type of shareline stabilization N/A Bulkhead Riprap b. Length N/A c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months N/A (Source of information) f. Type of bulkhead or riprap material N!A g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead fill N/A h. Type of fill material N/A I. Source of fill material N/A ~. OTHER FILL AI/TIVITIES (Excluding Shor~li~~ Sl~bilization) a. Will fill material be brought to site? Yes /~: ~ : ~. 4 °_ ~ `,,y f~~(. 9 i M,~r U~~. X Yes If yes, ~ ~ij (i) Amount of material to be placed in~~~'M water NIA (3) Purpose of X11 To construct condominiums and driveway b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? 404 wetlands g Yes No S. GENERAL a. How will excavated fill material be kept on site and erosion controlled? Fill wetland pocket no adiacent or c.>7uous wetlands. b. What type of construction equipment will be used (for example, dragiine, backhoe, hydraulic dredge)? Frontend loader and bulldozer a Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. The Cove -AEC#04-004A Ap 1' t or Project Name Signalnre !/~3 ~v~ Date Revised 03195 Form DCM-MPS UPLAND DEVELOPMENT (Constrpction andlor land distprbing activities) Attach this form to Joint Application for LAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed: One condominium buildin f,~r~3 stories), with swlmmin~ pool faciliri b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 36 units (3 bedroom condominium units) 6.7 units per acre (5.35 acres) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. Grading for buildings, driveway and parking including fill in wetlands, mulch paths and emergency road =198,382 s.f. Total disturbance proposed =198,382 s.f. e. If the proposed project will disturb more than one acre of Land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If Yes, date submitted Approved 3/31/06 List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. Asphalt parking area and concrete walkways g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built- upon surfaces, such as pavement., buildings, rooftops, or to be used for vehicular driveways or parking NfA r,~h~~~ . ~i~y ~~, ti ~ ~ . ' ~j~ '1 `~t~ //~ ~ ~ r~'/~ 1,~Q~. , h. Projects that require a CAMA Major Development Permit may also require a Stottnwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes If yes, date submitted 9/15/06 No i. Describe proposed method of sewage disposal. Central sewage supplied by adjacent existing system Have the facilities described in Item i. above received state or local approval? no (Anse .ppropeia da~wrwaNw) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff; sanitary wastewater, industrial/commercial elitluent, "wash down" and residential discharges). Surface runoff Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Public water 1 m. Will water be impounded? If yes, how many acres? _ Yes X No NJA n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A AEC #04-022 Ap icant or Project Name Si Date