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HomeMy WebLinkAbout20141138 Ver 2_CAMA Application_201611071 Coastal Management ENVIRONMENTAL QUALITY November 1, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Karen Higgins, Compliance and Permitting Unit DWR - Water Quality Program Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Director CAMA/DREDGE & FILL Permit Application Review Kitty Hawk Landing Association, Inc. R(1@ 1210 N W U 7 2016 within a marked channel that extends southward from Kitty Hawk Landing subdivisions' south entrance into the open waters of the Albemarle Sound Proposed Project: Major Modification request for Permit #153-09 for additional dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/22/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE !'-^ Nothing Compares ,_, State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] DIVISION OF COASTAL MANAGEMENT • FIELD INVESTIGATION REPORT MAJOR MODIFICATION TO MAJOR PERMIT #153-09 1. APPLICANT'S NAME: Kitty Hawk Landing Association, Inc. 2. LOCATION OF PROJECT SITE: Within a marked channel that extends southward from the Kitty Hawk Landing subdivisions south entrance into the open waters of the Albemarle Sound running ±20' to ±250' waterward of marsh islands. Photo Index — 2006: 183-7182 (I -K 5-11) Lat/Long: 36.0526820° N, -75.7380610° W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/13/2016 Was Applicant Present — Agent present 5. PROCESSING PROCEDURE: Application Received Complete — 10/17/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kitty Hawk Land Classification from LUP - Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — n/a Planned - n/a (F) Type of Structures: Existing — Channel Markers Planned - n/a (G) Estimated Annual Rate of Erosion: n/a Source — n/a 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±87,840 ft2 (includes slough) (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: ±87,840 ft2 (2.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: Yes Kitty Hawk Landing Association, Inc. Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to dredge and widen a previously authorized dredge area to a deeper depth and dredge an additional ±2,166' within a traditionally used open water channel. Project Settinq The proposed development is located at the Kitty Hawk Landing subdivision, Kitty Hawk, Dare County. Kitty Hawk Landing is located off of West Kitty Hawk Road (SR 1208) and contains two separate sections of man-made canals (north and south) that provide access to Kitty Hawk Bay and the Albemarle Sound. The project site is located within the Albemarle Sound extending from the entrance of Kitty Hawk Landings southern canal entrance, just south of Shellbank Point, and extending in a southerly direction ±2,166' towards Long Point. The area is a traditional used travel way leading to Kitty Hawk Landing, a residential waterfront development, but there is no record of a dredge channel within the project area. The canal system within the subdivision predates the Coastal Area Management Act and boats entering and leaving the subdivision have used this travel way for many years. Due to the shallow nature of the adjacent areas to the travel way, CAMA Major Permit #128-05 was issued on August 8, 2005 for the placement of 8 navigation channel markers so boats could safely navigate the deeper waters to access the canal system. The marked channel runs in a north/south direction and is adjacent to marsh islands located to the east. The Albemarle Sound is classified as Joint Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for the Albemarle Sound is SB and it is closed to shellfish taking. There is an identified archeological site within the subdivision, referenced as DO 7, but it is not within the project area. A Submerged Aquatic Vegetation (SAV) survey was conducted in June of 2016 that identified two species of SAV growing within the project area as well as trace occurrences of Myriophyllum spicatum (Eurasion Watermilfoil). SAV's identified include Ruppia maritima (Widgeon Grass) and Stuckenia pectinata (Sago pondweed). The survey results indicate that in water greater than 3' and less than 4' below Normal Water Level (NWL), only sparse amounts of SAV were encountered and the dense accumulations of SAV were found outside of the marked channel in water depths between 1.5' and 3' below NWL. SAV's were not found growing within the marked channel. The bottom substrate varies between soft organic mud and sand. Water depths within the marked channel range from ±2.5' below NWL at a shoaled area located at the mouth of the canal to >_5.5' below NWL in the open waters. Water depths in the adjacent area to the marked channel range from ±1.5' to 4.8' below NWL. CAMA Major Permit # 153-09 history. - Issued December 7, 2009 authorizing riprap along an existing jetty system at the mouth of Avery Pond (mouth of northern canal entrance) as well as five separate dredge areas within the canal systems (including the mouth of both the north and south entrances). - A minor modification was issued on February 15, 2011 authorizing a maintenance clause allowing maintenance dredging to occur as needed within the authorized dredge areas. Kitty Hawk Landing Association, Inc. Field Investigation Report Page 3 - A minor modification was issued January 21, 2014 adding two additional dredge areas within the canals near the mouth of the south entrance. - A renewal was issued on February 18, 2015 with a new expiration date of January 24, 2017. Development Proposal The applicant is proposing to modify CAMA Major Permit #153-09 to enlarge a previously authorized dredge area located at the mouth of the southern entrance and extend it to the south within the existing marked channel an additional 2,166' where it will reach a connective water depth of 5.5' below NWL. The proposed dredge channel alignment will not impact any areas of SAV per the submitted SAV survey and was confirmed by staff on July 14, 2016. The authorized dredge area is ±80'x25' in size and was permitted to a depth of 4' below NWL. It should be noted that the existing water depth on the north side of the authorized dredge area is ?5.5' below NWL while the depth on the south side is ±2.5' below NWL due to shoaling. A 38' wide box cut is proposed, widening this area an additional 13' and the depth would be increased an additional 1.5'. Current water depths in this area average ±2.5' below NWL. The proposed ±2,166' channel would also have a 38' wide box cut and will be dredged to a depth of 5.5' below NWL. It is anticipated that bottom disturbance will be 40' wide due to natural sloughing. Current water depths within this area average ±4.5' below NWL. All proposed dredging will be done mechanically through the use of a long reach excavator on a barge using a clamshell bucket. Dredged material will be placed into a hopper barge that, when full, will be transported to Earth Resources and transferred to a designated stockpile area outside of CAMA AEC's as previously authorized in the original Major Permit. Anticipated Impacts • The proposed additional dredging within the previously authorized dredge area will result in additional shallow water bottom disturbance of ±1,200 ft2 (0.02 acres) within the PTA and EW AEC's. Approximately 94 cubic yards of additional bottom material will be removed in this area. • The proposed dredging within the open waters of the Albemarle Sound will result in the shallow water bottom disturbance of ±86,640 ft2 (2.0 acres) within the PTA and EW AEC's. Approximately 3,058 cubic yards of sandy bottom material will be removed. • The applicant has indicated that the previously approved dredge spoil site (Earth Resources) will be utilized. The disposal area measures 200'x100' (20,000 ft2) within an upland area outside of the CAMA Estuarine Shoreline AEC. .• The proposed dredging will temporarily increase turbidity. Submitted by: Ron Renaldi Date: 10/31/16 Received Kitty Hawk Landing South Entrance OCT 17 2016 CAMA Major- Project Narrative Updated October 14, 2016 -h �ry M -CC -. G C. . . Existing Conditions The subject site is located in the Albemarle Sound at the south entrance to the Kitty Hawk Landing subdivision located in Kitty Hawk, Dare County, North Carolina. Kitty Hawk Landing is a 224 lot subdivision located along the Albemarle Sound with a north and south canal system that allows the subdivision access to the sound. The north and south canal systems are not connected and each canal has its own separate entrance. Under CAMA Major Permit 153-09 the subdivision dredges and maintains the canal systems and the north entrance. Several modifications have been made to this permit that allows for dredging and maintenance to the canals and jetty. The primary purposes of this major modification are 1) address shoaling at the south entrance of Kitty Hawk Landing canal system and 2) to maintain a safe navigable connection to -5.5 ft of water relative to Normal Water Level (NWL). Currently, there is an 80 LF X 25 ft. dredge channel that is permitted to a depth of -4 ft (NWL) at the south entrance, but connecting water depths within the canal are -5.5 ft or greater in many locations. The length of the permitted excavation (sheet 6 from 153-09) was limited to 80 ft because of existing water depths in the Sound that were significantly deeper at that time. In addition, at the time of 153-09 issuance, there had not been a detailed comprehensive SAV survey and mapping completed. CAMA Major permit 128-05 was issued to erect navigation markers along the natural channel from Long Point to the south entrance. And, CAMA Major 13-15 includes a jetty system for the north entrance and its maintenance. SAV Survey A SAV survey was conducted by Quible & Associates on June 21 st and 27th, 2016. Our findings were field confirmed by NC Division of Coastal Management, NC Division of Marine Fisheries representative, Shane Staples, on July 14, 2016. Attached is a full SAV report with findings within the project area. Proposed Work Currently proposed work requiring a CAMA Major Modification includes a proposed dredge channel extension of 2,166 LF x 40 ft (38 ft box cut) to a depth of -5.5 ft (NWL) along the deepest natural and historically utilized route. A 80 LF x 25 ft dredge channel has been previously permitted under CAMA Major 153-09, but only to a depth of -4 ft (NWL). This would create an overall channel of 2,246 LF x 40 ft at a depth of -5.5 (NWL). The additional 2,166 LF is necessary to reach a natural water depth of -5.5 ft (NWL). It should be noted that the end of the permitted 80 LF channel is currently -2.5 ft. deep. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Current average water depths are -4.5 ft. (NWL) for the majority of the proposed channel, with an average depth of -2.5 (NWL) at the mouth of the south entrance. The overall volume of excavation for new proposed work is 3,152 cubic yards. The total dredging, including 111 cubic yards of permitted dredging would be 3,263 cubic yards. An average 38 ft. wide box cut will- be used for dredging to account for sloughing that will take place as shifting sands settle. A typical 2 to 1 slope including natural sloughing will create the 40 ft (total disturbed width) channel after the work is complete. Please refer to the CAMA plan for dredging details. The excavation work will be performed with a mechanical long reach excavator using a clamshell bucket. Material from the excavator bucket will be transferred onto a material (hopper) barge with sides. Use of a clamshell bucket minimizes the amount of bottom disturbance, and when the bucket is fully loaded, the amount of water transferred to the barge is minimal. Some runoff will occur from the hopper barge via slots or weep holes. The barge, when loaded, will be moved inside the Earth Resources basin and the material will be transferred to a designated soil stockpile area outside of CAMA AEC's. Earth Resources is a commercial property located at the end of Bob Perry Road in Kitty Hawk and has been used as the spoil site for all other excavation activities under Major Permit 153-09. Kitty Hawk Landing South Entrance CAMA Major- Project Narrative Updated October 14, 2016 Included -in this CAMA Major Application package is a copy of the exhibits used to indicate the permitted dredge stockpile area (See attached Sheets 10 and 11, Atlantic Environmental Consultants, LLC, dated 10/30/2007). This area is to be continued to be utilized for the same purpose. A main point of discussion during the August 3, 2016 interagency scoping meeting was to minimize SAV area impacts to the fullest extent possible. Since the meeting we were able to adjust the proposed dredging to avoid SAV impacts. Purpose and Need The purpose of this project is to are 1') address shoaling at the south entrance of Kitty Hawk Landing canal system and 2) to maintain a safe navigable connection to -5.5 ft of water relative to Normal Water Level (NWL). The need to maintain a -5.5 ft (NWL) depth to enter the canal system is to accommodate all boats that utilize this area. During northeast and north west wind events, the wind driven tide pushes water from this shoreline, commonly creating a low tide situation which is +/-18" below NWL. This results in some areas that would typically be navigable to become unnavigable. Through this project an appropriate water depth would be achieved to allow navigable access year round for the south entrance to Kitty Hawk Landing. Some property owners in the subdivision own sail boats and commercial fishing vessels that draw over 4.5 ft of water. The entrance depth of -5.5 ft (NWL) would allow all vessels within the subdivision to navigate the channel in and out of the subdivision during the majority of the year. 4 DCM MP -1 Received OCT 17 2016 APPLICATION for CM -EC Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Kitty Hawk Landing Association, Inc. Project Name (if applicable) KH Landing South Entrance Dredging Applicant 1: First Name Robert MI Last Name Darden Applicant 2: First Name Peter MI Last Name Collins If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box P.O. Box 923 City Kitty Hawk State NC ZIP 27949 Country USA Phone No. ext. FAX No. - Street Address (if different from above) City State ZIP Email 2. Agent(Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. ext. FAX No. Contractor # 252 261 1260 Street Address (if different from above) City State ZIP 8466 Caratoke Highway Powells Point NC 27966 - Email brubino@quible.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAST . www.nccoastalmanagement.net Form DCM MP -1 (Page 2 of 5)�APPLICATION for Major Development Permit 3. Project Location.._ G County (can be multiple) Street Address State Rd. # Dare c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip Kitty Hawk Landing Kitty Hawk NC 27949 - Phone No. Lot No.(s) (if many, attach additional page with list) - ext. N/A, , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Albemarle 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. Town of Kitty Hawk 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) -43,670 ft 100 Acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, NW (normal water level) +6 ft ❑NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract N/A f. Man-made features and uses now on tract Residential Homes, Bulkheads, Docks and Boatlifts g. Identify and describe the existing land uses adjacent to the proposed project site. Residential Uplands and Undeveloped Wetlands h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 3 of 5) ; ecely APPLICATION for n 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. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. No SWMP; open water 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. The primary purposes of this major modification are 1) address shoaling at the south entrance of Kitty Hawk Landing canal system and 2) to maintain a safe navigable connection to -5.5 ft of water relative to Normal Water Level (NWL) along the deepest natural and historically utilized route. Currently, there is a 80 LF X 25 ft dredge area that is permitted to a depth of -4 ft (NWL) at the south entrance under CAMA Major permit 153-09. 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. barge, excavator, support barge d. List all development activities you propose. Dredging of the South Entrance and channel to the Kitty Hawk Landing Subdivision. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 0.5 approx. No new land disturbance. This area is limited to the designated spoil stockpile area that exists at Earth Resources. ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No [INA 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. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement.net Form DCM MP -1 (Page 4 of 5) <Form continues on back> APPLICATION for Major Development Permit 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) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Earth Resources Inc. Phone No. Address PO Box 410, Kitty Hawk, NC 27949 Name North Carolina State C/O Nature Conservancy Phone No. Address 4705 University Dr #290, Durham, NC 27707 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major 78-97 CAMA Major 128-05 CAMA Major 153-09 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of /my knowledge. Date iiT1�Y Print Name�) . �'�n�s rj� i i.k��:•�' t'.C.. /S� i Signature Received Please indicate application attachments pertaining to your proposed project. il(:1 3 - ''?':,l ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development jj� m I"" ❑DCM MP -4 Structures Information ` - ' 252-808-2808 .- 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP -2 - EXCAVATION and FILL -- (Except for bridges and culverts) [R`ieceived 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. 1. Access ❑ This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. Other Sand Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (CW), submerged aquatic vegetation (SAV), shell bottom (SB), NWL) or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. stabilization Length 2,166 LF OWL ®None (ii) Describe the purpose of the excavation in these areas: 38 FT To maintain safe navigable water depth of -5.5' (NWL) 2. DISPOSAL -OF EXCAVATED MATERIAL 0This section not applicable a. Width b. Dimensions of disposal area. Earth Resourses, Inc., located at the end of Bob Perry Road ;too x 100 c. Box Cut 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. Avg. Existing _4.5' (NWL) NA NA Depth Final Project -5.5 (NWL) NA NA Depth 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. Sand 3,152 cu. yrds. new dredging c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), N/A or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: To maintain safe navigable water depth of -5.5' (NWL) 2. DISPOSAL -OF EXCAVATED MATERIAL 0This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Earth Resourses, Inc., located at the end of Bob Perry Road ;too x 100 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: f. (i) Does the disposal include any area in the water? ❑Yes ®No [INA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888-4111COAST :: www.nccoastaimanaaement.net revised: 12/26/06 oirroi OCNI NIP -2 (Excavation anJ FW5 ;Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP -4 — Structures) a. i ype of snoreune stammzation: []Bulkhead ❑Riprap ❑Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. b, Length: Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No [INA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouqht to the site? []Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 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 OWL ❑None (ii) Describe the purpose of the fill in these areas: 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)? The material will be dewatered on the barge and then to directly Barges and long reach excavator transported to Earth Resources Inc. via barge c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 9�( Date Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No [INA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. _, r? c_._ r", : c .. AP.. _ n / A 'lT&T�P 1l:Jt OCTvplicant Signature 2016 noAd 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmana-gement.net revvi ed: 12/26/06 MAJOR PERMIT FEE MATRIX Applicant: KITTY HAWK LANDING ASSOCIATION (South Entrance Dreftim) Selection Development Type Fee DCM % DWQ (14300 1601435100093 1625 6253) (24300 1602 435100095 2341) Private, non-commercial JI. E] development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands oro en water areas: II. Public or commercial E] development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands oro en water areas: Major Modification to a $250 100%($250) 0%($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B; C, or D below applies: III(A). Private, non - EJ commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(6). Public or commercial ❑ development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water F] Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than / one acre of wetlands and/or open water areas: June 21st and 271h, 2016 SAV Survey Kitty Hawk Landing South Entrance ,xeceivea I. Introduction The purpose of this report is for Quible & Associates, P.C. (Quible) to provide state and federal regulatory agencies with a review of submerged aquatic vegetation (SAV) in proximity to an area of proposed dredging (the Site) to maintain a navigable boat channel from Albemarle Sound to the South side of the Kitty Hawk Landing community in Kitty Hawk, Dare County, North Carolina. The June 21St and 27th SAV survey was conducted to examine the substrate of shallow waters adjacent to the Site for the presence of SAV, and to document the conditions that may relate to SAV habitat. The SAV survey was not conducted until this time of the year in order to enter the peak growing season for SAV as required by resource management agencies. Generally, low salinity SAV found in this area of the Albemarle Sound prefers low energy shallow water areas where significant photic penetration through the water column to the substrate persists. These species go dormant in the winter months as water temperatures decrease and foliage dissipates. Il. Methodology The Site includes a broad area from the Kitty Hawk Landing South Entrance, extending southerly, toward Long Point. The area encompasses the historically utilized channel as well as adjacent waters, and extends out to -7 ft of naturally occurring water in the sound. The accompanying base maps include 2012 aerial photography provided by Dare County with the study area identified with sampling stations and collected water depths. Water depth surveying was conducted throughout the Site on June 2111 and June 271h, 2016. Depths were collected by a survey crew from Quible using survey -grade GPS and plotted relative to normal water level (NWL). A bathymetric map was generated using Autocad to identify existing conditions. SAV surveying consisted of a cursory analysis of SAV throughout the Site followed by a detailed survey by performing a series of transects to fully understand the extent and coverage of SAV. At each sampling station, an approximately 2 meter x 2 meter area was evaluated by diving and feeling the bottom. At each station water depths, substrate types, and SAV identification was performed. Where any live SAV was encountered, coverage estimates were made based on percent cover standards'. In addition, species composition was recorded. III. Findings The attached table summarizes coverage estimates at each sampling station. The first column is the sampling station number and the second column is the surrey GPS waypoint (407-495). The third and fourth columns are the latitudinal and longitudinal coordinates. The fifth column is the water depth (based on nwl) and the sixth column is the mean cover estimate per station. ' A resource on hand during the investigation was percent cover standards (photographs) that were taken from http://seagrasswatch.org/home.html June 21st and 27th, 2016 SAV Survey Kitty Hawk Landing South Entrance The substrate types encountered varied between a soft organic mud and sand. In addition, there were areas of muddy sand (sand dominated). Three species of SAV were encountered in the areas evaluated. The species encountered were Myriophyllum spicatum (Eurasian Watermilfoil), Ruppia maritima (Widgeon Grass) and Stuckenia pectinata (Sago Pondweed). The dominant species included Widgeon Grass and Sago Pondweed. There were only trace occurrences of Eurasian Watermilfoil this year. In general, the Sago pondweed was found to have a longer growth habit than the Widgeon Grass with shorter stem lengths. Based on our findings, the existing channel alignment includes an area of no SAV growth, but outside of the marked channel, SAV was found in water up to 4 ft deep. In water greater than 3.0 ft and less than 4.0 ft deep, only sparse amounts of SAV were encountered. The most dense accumulations of SAV were found in water outside of the marked channel that is between 1.5 and 3.0 ft deep. The base map includes a line delineating no SAV from some (any) existence of SAV. This was also surveyed in using survey grade GPS. Please refer to the table for SAV cover at each station. The mouth of the South Entrance includes a zone of shifting sands that have become the main problem for navigation. The water depths there are very shallow and this is the primary area of proposed future dredging. In the center of the marked channel, there was no SAV. This shifting sand area was very loose compared to some adjacent shallow sand banks (with SAV) that were found to be much more hard -packed. Our findings were field confirmed by NC Division of Coastal Management, NC Division of Marine Fisheries representative, Shane Staples, on July 14, 2016. We covered the extent of our SAV and water depth survey on foot and by boat with a draft copy of this report, base map and collected data tables. IV. References Bay Grass Identification Key, 2008, http://www.dnr.state.md.us/bay/SAV/key/, Maryland Department of Natural Resources. Caldwell, W.S., 2001, Hydrologic and Salinity Characteristics of Currituck Sound and Selected Tributaries in North Carolina and Virginia, 1998-99, U.S. Geological Survey, Water -Resources Investigations Report 01-4097, 36 p. Currituck County, 2008, Digital Geotiff Color Aerial Photography. Seagrass-Watch Percent Cover Standards, 2010, httr):Hseagrasswatch.org. 2 EC eciv TABLE 1- DARE COUTNY, KITTY HAWK LANDING SOUTH ENTRANCE SAV SAMPLING STATIONS (LOCATIONS, WATER DEPTHS and SAV COVERAGE) -' "Mean cover estimated at each Sampling Station; based on percent cover standards that can be found at hftp://seagrasswatch.org/home.html ' Sample Station Latitude Longitude Water Depth in feet (NWL) Mean SAV Cover per Station N 1 407 N036.05236491 W075.73769945 -2.25 80 2 408 N036.05231245 W075.73780316 -3.63 60 3 409 N036.05231549 W075.73787651 -3.99 20 4 410 N036.05230802 W075.73793131 -4.13 0 5 411 N036.05230876 W075.73800079 -4.19 0 6 412 N036.05231538 W075.73807606 -4.10 0 7 413 N036.05231297 W075.73815247 -3.27 0 8 414 N036.05231188 W075.73822136 -2.78 0 9 415 N036.05231546 W075.73825933 -2.57 20 10 416 N036.05231064 W075.73833666 -1.92 90 11 417 N036.05263312 W075.73844643 -2.22 20 12 418 N036.05268892 W075.73829801 -1.58 70 13 419 N036.05270890 W075.73822634 -2.49 0 14 420 N036.05272563 W075.73811112 -4.02 0 15 421 N036.05275029 W075.73802302 -4.42 0 16 422 N036.05276048 W075.73798012 -3.38 60 17 423 N036.05276785 W075.73791233 -2.73 80 18 424 N036.05278622 W075.73784081 -2.28 80 19 425 N036.05282360 W075.73777247 -1.64 80 20 426 N036.05296025 W075.73793002 -2.46 60 21 427 N036.05298695 W075.73802266 -3.08 40 22 428 N036.05300128 W075.73808022 -4.16 0 23 429 N036.05301763 W075.73813211 -4.52 0 24 430 N036.05303116 W075.73817022 -3.25 0 25 431 N036.05304504 W075.73821631 -2.18 30 26 432 N036.05305611 W075.73827020 -1.37 10 27 433 N036.05306592 W075.73833238 -0.99 40 28 434 N036.05327356 W075.73830118 -0.80 0 29 435 N036.05327729 W075.73823632 -0.91 0 30 436 N036.05327406 W075.73818764 -3.24 0 31 437 N036.05343690 W075.73815702 -3.69 0 32 438 N036.05345075 W075.73818293 -2.31 50 33 439 N036.05346053 W075.73822037 -0.78 70 34 440 N036.05314768 W075.73800358 -2.23 90 35 441 N036.05319847 W075.73802975 -3.79 0 36 442 N036.05336025 W075.73798448 -1.15 80 37 443 N036.05337148 W075.73802178 -2.96 0 38 444 N036.05349423 W075.73794586 -1.17 80 39 445 N036.05350748 W075.73797885 -2.06 0 40 446 N036.05211058 W075.73755515 -3.63 80 41 447 N036.05209634 W075.73763527 -4.00 15 42 448 N036.05209278 W075.73768651 -4.14 0 43 449 N036.05208920 W075.73777162 -4.23 0 44 450 N036.05208037 W075.73783800 -4.41 0 45 451 N036.05207079 W075.73790298 -4.42 0 46 452 N036.05207476 W075.73798004 -4.40 0 47 453 N036.05208381 W075.73812966 -4.22 0 48 454 N036.05208222 W075.73824249 -3.34 0 "Mean cover estimated at each Sampling Station; based on percent cover standards that can be found at hftp://seagrasswatch.org/home.html ' TABLE 1- DARE COUTNY, KITTY HAWK LANDING SOUTH ENTRANCE Received SAV SAMPLING STATIONS (LOCATIONS, WATER DEPTHS and SAV COVERAGE) 49 455 N036.05207632 W075.73835862 -2.45 50 50 456 N036.05206523 W075.73846002 -1.84 90 51 457 N036.05206573 W075.73855611 -1.80 70 52 458 N036.05159476 W075.73863209 -2.94 60 53 459 N036.05153932 W075.73853890 -3.34 60 54 460 N036.05151686 W075.73846454 -3.67 0 55 461 N036.05150090 W075.73838602 -4.17 0 56 462 N036.05148866 W075.73831412 -4.48 0 57 463 N036.05148344 W075.73823827 -4.51 0 58 464 N036.05146484 W075.73818257 -4.23 0 59 465 N036.05144977 W075.73815062 -4.03 30 60 466 N036.05142605 W075.73808483 -3.51 20 61 467 N036.05140150 W075.73804078 -2.60 20 62 468 N036.05109918 W075.73829408 -3.88 0 63 469 N036.05108159 W075.73838702 -4.66 0 64 470 N036.05106343 W075.73849049 -4.40 0 65 471 N036.05105020 W075.73859542 -3.98 0 66 472 N036.05103111 W075.73868926 -3.90 0 67 473 N036.05102286 W075.73877820 -3.40 20 68 474 N036.05101479 W075.73885556 -3.48 50 69 475 N036.05060217 W075.73898783 -3.78 0 70 476 N036.05054129 W075.73881420 -4.05 0 71 477 N036.05051192 W075.73869370 -4.36 0 72 478 N036.05049609 W075.73853431 -4.62 0 73 479 N036.05049844 W075.73842481 -4.62 0 74 480 N036.05048228 W075.73828056 -4.19 0 75 481 N036.05047311 W075.73824689 -3.94 20 76 482 N036.05044321 W075.73815679 -3.31 10 77 483 N036.05040681 W075.73807075 -2.05 0 78 484 N036.05005079 W075.73815171 -1.90 60 79 485 N036.05000758 W075.73821730 -2.84 80 80 486 N036.04998271 W075.73828034 -3.78 20 81 487 N036.04997396 W075.73837827 -4.54 0 82 488 N036.04990953 W075.73857598 -4.28 0 83 489 N036.04981021 W075.73817293 -3.75 0 84 490 N036.04966633 W075.73773792 -2.89 0 85 491 N036.04938477 W075.73740852 -4.00 0 86 492 N036.04929288 W075.73769825 -4.36 0 87 493 N036.04904808 W075.73768635 -4.41 0 88 494 N036.04877839 W075.73760574 -4.33 0 89 495 N036.04857256 W075.73754886 -4.56 0 "Mean cover estimated at each Sampling Station; based on percent cover standards that can be found at http://seagrasswatch.org/home.htmi a E NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION, RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. ALL INFORMATION SHOWN ON THIS DOCUMENT` IS SUBJECT TO ANY REQUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF THIS INFORMATION. Mai 4�JNIP 26 u442 NOR THCAROL /NA 5TATE 440 Deed Book/Page 1366/0140 _429 466511561345 419 f 424 418 35 3 417:" x 413 414 MS 51 412 25g 411 416 , 407 EDGE OF 5A �156� x252 x,. 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AL / M AL AL Rece1Ved OCT 17 2016 VICINITY MAP KIM H&M HAY SHEET 10 KITTY HAWK LANDING DREDGE DISPOSAL AREA EARTH RESOURCES BOUNDARY KITTY HAWK — DARE COUNTY — NORTH CAROUNA „ ,4TL4NT/C £N!//!'ONi1�1£NTAL CONSULTANTS, LLC GRAPHIC SCALE 1 = 400 P.D. BOX 3266, N/1T711AWil; N.C. 27.9,0 (252)261-7707, envoi/ �oxdormon®ooleoin DATE: 10/30/07 REVISED: FILE: 07-029 DRAWN BY: DOUG D Received OCT 17 20� EARTH RESOURCES KITTY HAWK — DARE COUNTY — NORTH CAROLINA „ ArUNTIC EMIXONAIMUZ CONSM.UNTS, LLC GRAPHIC SCALE 1 = 60' P.O. Aff 3?66, K/TTY IMP,' N. C. 27949 ('252)261-7707, a moi/ roxdatman®00%com DATE: 10/30/07 REVISED: FILE: 07-029 DRAWN BY: DOUG D DMEC 1w I W/+s Cp�y �o . ,COASTAL EMEW .........:... . SILT FENCE T 2 SIC `' :Y^ F�N FH �=�' t- � �'�..t_E j ts; �'Ci I:••� �,T.� � i iT:=''�Ti_._�; =f d �^^{j{j f''..z�•f•--' I •� � �,x'� 9 i�`".�•�••_ �_ , ��.��-�. 1 (T}j CONTAIN)ONT AREA CROSS SECTION ,SPOIL N.T.S. ENTRANCE TO I EARTH RESOURCES � ALAILCs P ✓ i i / AL A I I A EXISTING GRAVEL P1l E AIL AL AL A AIL �uj z AIL I A ` F -J I ` AL,AIL I200 �1YL I JIL I PROPOSED DREDGE L _.-- z I _ DISPOSAL AREA S INSTALL SILT FENCE AROUND A -3 PERIMETER OF DISPOSAL AREA 0 . z AL � AL 1 EXISTING CONCRETE BINS AI(c .Ilk AL EARTH RESOURCES SHEET 11 KITTY HAWK LANDING DREDGE DISPOSAL AREA EARTH RESOURCES KITTY HAWK — DARE COUNTY — NORTH CAROLINA „ ArUNTIC EMIXONAIMUZ CONSM.UNTS, LLC GRAPHIC SCALE 1 = 60' P.O. Aff 3?66, K/TTY IMP,' N. C. 27949 ('252)261-7707, a moi/ roxdatman®00%com DATE: 10/30/07 REVISED: FILE: 07-029 DRAWN BY: DOUG D