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HomeMy WebLinkAbout19880294 Ver 1_COMPLETE FILE_19880308DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS _ P.O. BOX 1890 / WILMINGTON, NORTH CAROLINA 28402.1890 May 26, 1988 IN REPLY REFER TO SUBJECT: File No. SAWC088-N-028-0144 Mr. Marcus D. Felton Quible and Associates, P.C. Post Office Box 847 Nags Head, North Carolina 27959 Dear Mr. Felton: n ., We have reviewed your proposed mitigation plan of May 20, 1988, for the permit application of Quible and Associates to place fill in wetlands for a commercial development in Kill Devil Hills, Dare County, North Carolina, and we offer the following comments. We note that you propose a 1.77 : 1 ratio of mitigation area to fill area. Before we can comment on the adequacy of this proposed ratio, additional information must be provided on the specifics of the mitigation plan. The text of the plan should be revised to address any wetlands to be negatively impacted as a result of the project, whether through filling, excavat`i'on, clearing, draining, and/or flooding. Such areas must be included in the calculation of the area for which mitigation is to be provided. Sheet 1 shows "unfilled" wetland areas in the northeast and in the southwest corners of the property, yet Sheet 2 appears to call for these areas to be excavated, cleared, and/or graded into detention ponds. How will the nature and character of these wetlands be affected by this project? Will their wetland values be diminished? The text should describe the existing conditions at the offsite mitigation area, and an evaluation of the impact of the proposed mitigation to the site. The "target elevations" and the. data used as rationale for their selection should be specified. Specify the percent organic vs. mineral material to be used as the topdressing. Specify the source of these materials. We suggest that you provide assurances that no wetlands outside of the project limits will be excavated to provide organic material. Specify the size and nature of the plantings (i.e. unrooted cuttings, 1 gallon rooted plants, etc.). Provide verification that the plantings are commercially available. Describe any provisions for irrigation of the newly planted wetland species. The plan should specify that all phases of the mitigation work will be supervised onsite by a qualified wetland specialist. The plan should specify that a qualified wetland specialist will conduct the monitoring. It should also specify the monitoring schedule. Monitoring reports should be submitted to the Corps of Engineers and the U.S. Fish and Wildlife Service according to this schedule. Sheet 3 should show existing and proposed conditions. Target elevations should be given. Cross-sections of existing and proposed conditions should be provided. If you have any questions, please contact Ms. Alison Arnold of our staff at (919) 343-4634. Copies Furnished: Ms. L. K. (Mike) Gantt, Field Supervisor Division of Ecological Services U.S. Fish and Wildlife Service 310 New Bern Avenue Post Office Box 25039 Raleigh, North Carolina 27611-5039 Sincerely, Charles W. Hollis Chief, Regulatory Branch Mr. William Mills Water Quality Section Division of Environmental Management y? North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 r 1 J M $fNE o4\N% t ?e7T State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary March 11, 1988 Director Mr. Marcus D. Felton Quible and Associates, P.C. P.O. Box 847 Nags Head, NC 27959 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Culvert Construction Quible and Associates Unnamed Tributary to Atlantic Ocean Dare County Dear Mr. Felton: Attached hereto are two (2) copies of Certification No. 2215 issued to Quible and Associates dated March 11, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, Original Signed By William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr.'William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA Dare County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Quible and Associates pursuant to an application filed on the 10th day of February, 1988 to construct a culvert crossing in an existing drainage ditch. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a tributary to Atlantic Ocean in conjunction with the proposed roadway crossing in Dare County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Prior to any development of the site the owner must satisfactorily address the requirements for stormwater as are in effect at that time (currently 15 NCAC 2H .1000). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 11th day of March, 1988 DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By William C. Nriiis For R. Paul Wilms, Director WQC# 2215 r, w State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street * Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary March 11, 1988 Director Mr. Marcus D. Felton Quible and Associates, P.C. P.O. Box 847 Nags Head, NC 27959 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Culvert Construction Quible and Associates Unnamed Tributary to Atlantic Ocean Dare County Dear Mr. Felton: Attached hereto are two (2) copies of Certification No. 2215 issued to Quible and Associates dated March 11, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, Original Signed By William C. Mills For R. Paul. Wilms cc: Wilmington District Q)rps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 a NORTH CAROLINA Dare County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management I;Lagulations in 15 NCAC 2H, Section .0500 to Quible and Associates pursuant to an application filed on the 10th day of February, 1988 to construct a culvert crossing in an existing drainage ditch. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a tributary to Atlantic Ocean in conjunction with the proposed roadway crossing in Dare County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Prior to any development of the site the owner must satisfactorily address the requirements for stormwater as are in effect at that time (currently 15 NCAC 2H .1000). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 11th day of March, 1988 DIVISION OF E NVIRCMENTAL MANAGFM4T Original Signed By 4A?'iliiam C. Mills For R. Paul Wilms, Director WQC# 2215 ACTION ADD FILE r i i P'l r::, : r 1 r FORMAT . s''; R ! t t t •I A NEXT E'•: i::: ' r°ii:::T:I:Ci"N ADD, ENT ER •T•I°IE DATA Ti:::1 BE STORED FRD DATA •R. tt 0036 4 PI•';G, 1: t:UIE:{E E AND ASSOC. COUNTY REGION : DARI:: : ti . . ASSIGNED O : .. tt,. ? M lz? JOIN T NOTICE . : N TYPE CERT IFICATION RECOMME ND • TE.S.' Y"r' i°i M... i :r';?...r ..!•{ . r 401 i':i::.,:? . r ISSUE: ` r' RECEIVED: ::tt;?,...... CAMA ONLY: GC: DENY: INITIAL REPORT: DF ''t•••rii' A : .`.::I .CP : ;'lrJPI•?I:: Q : N 1-401...D : FINAL REPORT: 88030i RECEIVING STREAM: U T-ATLANTIC OCEAN CLA SS: `?' A BASIN: PAS COMMENTS: SITE IN LOCATED ADJ ACENT TO US 158 AT NAGS HEAD APPLICANT PROPOSES TO + INSTALL , : 6 ,X 12 FT WIDE CONCRETE BOX CULVERT IN AN . EXISTING DRAINAGE DITCH PROJECT WILL RESULT IN FILL OF 0.7 r"4t.,I°:::.S t.t !•• WETLANDS PURPOSE OF PROJECT I S TO PRE PARE SITE FOR COMMERCIAL DEV. RECOMMEND CERTIFICAT ION BE C ONDITIONED TO REQUIRE THAT APPLICANT ADDRESS .:: t t:#R!"lWA ! l::.I•': CONTRO L PRIOR TO AMY DEVELOP MENT ON SITE COPIES: WAI'?O....(.:f::.!':s!•lAi... ....{'i.f.I...I._S EIV k-lAR C 2 9??8 WAILH ?_1AL!TY SECTIOpq r. ain , ?a?tEO 3>? s 44/ ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 0+14t PRGISe REGION IV 345 COURTLAND STREET FEB 2 3 1988 ATLANTA. GEORGIA 30365 REF: 4M-WQMB/LP Colonel Paul W. Woodbury District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28401-1890 ATTENTION: Ms. Alison Arnold ! .. MAR 0 3 1988 SUBJECT: Quible and Associates (Public Notice No. 88-N-028-0144) Dear Colonel Woodbury: This is in response to the subject public notice concerning a proposal to place fill in wetlands adjacent to the Atlantic Ocean in Kill Devil Hills, Dare County, North Carolina. The purpose of the project is to raise the elevation of the wetland area an average of 1-foot to allow the entire 15.04 acres to be developed as a commercial site. Plans submitted with the application show the proposed installation of 515 linear feet of 6-foot-high, 12-foot-wide concrete box culverts and the placement of approximately 3,800 cubic yards of fill material into wetlands. Wetlands species noted at the proposed project site include: bayberry (Myrica cerifera), black willow (Salix nigra), marsh elder (Iva sp.), black needlerush (Juncus roemerianus), and salt meadow grass (Spartina patens). As a result of this activity, approximately 0.73 acres of wetlands will be eliminated by the proposed project. Wetlands at the project site perform valuable functions within the aquatic system including: fish and wildlife habitat values, detrital export, water quality services, and vital storm water retention capabilities. It is clear that the proposed project is not water dependent and will eliminate a valuable aquatic resource. Consequently, it is our opinion that the project is contrary to the Section 404 Guidelines and should be denied. Sincerely yours, Bev'er'ly J. 2ridge, Chief Wetlands Unit Water Quality Management Branch cc: See enclosed RFZ E (3 I ?1 E n, DEPARTMENT OF THE ARMY F FF Rt Wilmington District, Corps of Engineers Post Office Box 1890 A .i ?:;;:j? v SECTION, Wilmington, North Carolina 28402-1890-+?'r?:rr?,? ?....?,;? SAWCO88-N-028-0144 February 4, 1988 PUBLIC NOTICE QUIBLE AND ASSOCIATES, P.C., Post Office Box 847, Nags Head, North Carolina 27959, represented by MR. MARCUS D. FELTON, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN APPROXIMATELY 0.7 ACRE OF WETLANDS ADJACENT THE ATLANTIC OCEAN IN CONJUNCTION WITH INSTALLATION OF A CULVERT TO PREPARE AN AREA FOR COMMERCIAL DEVELOPMENT, KILL DEVIL HILLS, Dare County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed installation of 515 linear feet of 6-foot-high, 12-foot-wide concrete, box culvert and the placement of approximately 3,800 cubic yards of fill material, obtained from a highground, commercial source, in 0.73 acre of wetlands. Representative vegetation within the area is wax myrtle, blackwillow, marsh elder, black needle rush, sawgrass, fennel and salt meadow grass. The culvert and fill are designed to raise the elevation of the wetland area an average of 1 foot so that the entire 15.04 acres becomes a contiguous, usable commercial site. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, -2- and 146-12 by the North Carolina Department of Administration and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. . The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern i . -3- for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion,.recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for-the Department of the Army permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after February 26, 1988. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before February 22, 1988, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m., March 7, 1988, or telephone (919) 343-4634. Paul W. Woodbury Colonel, Corps of Engineers District Engineer - Z W ? Z AZTEC ST. (25.00• R/w) NIS 04\53d 203.99 6' A - 0 r- 1 m N l r o r^ \ f 0 0 ?? o m cni? = m oN L'N O a F 00 R]ZZ ?, _ln E -o W °r w X = A m?4 z> N N (A o LA m 0 N O C) n N rri tN to t? n iy ., G Im X L t7 v p -1 NN S mZ Z R J rn pg N p p .+ ?0 0 C Z 7- 7• D I 7- U.S. 158 (150' O m O 0 Z 1 on I mo p f I 6' 1 O 00cn? I A Z? v: I ? mpC 1 0g? m 1 ?. m m p? I v I I ISnNG 4Y0 C.M.P.A. CROATAN HIGHWAY 4 Aw ey DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 February 8, 1988 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC088-N-028-0144 i ?" ? (ti(A s Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Quible and Associates for a Department of the Army permit and a State Water Quality Certification to place fill material in approximately 0.7 acre of wetlands adjacent the Atlantic Ocean in conjunction with installation of a culvert to prepare an area for commercial development, Kill Devil Hills, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. , We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by April 8, 1988, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, l,has'W. Ho is Regulatory Branch Enclosure i -2- P Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 .4 1514t-V4256- A/- oz8`?Y-17 d-¢ ' and ?M Balle Associates Inc. y January 25, 1988 ??c0 Ms. Alison Arnold U.S. Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 RE: Property in Kill Devil Hills Dear Ms. Arnold: Please find enclosed the application to culvert an existing ditch on property in Kill Devil Hills to prepare the site for commercial development. It has been executed and we were asked to forward it to you. If you have any questions, please give me a call. Sincerely, BAILEY AND ASSOCIATES, INC. Warren G. Baileys President WGB/wts enclosures ? NAGS HEAD OFFICE 2502 SOUTH CROATAN HIGHWAY POST OFFICE BOX 847 NAGS HEAD, NORTH CAROLINA 27959 TELEPHONE (919) 441-4321 QUIBLE & ASSOCIATES, P. C. ENGINEERS - SURVEYORS - PLANNERS SINCE 1959 January 20, 1988 ['SOUTHERN SHORES OFFICE SOUTHERN SHORES BUSINESS CENTER PpSraFFICE•B0k 199 KfTTY HAWK, N. C, 27949Y',-- TELEPHONE (919) 261.3300 I~ A 1 R Ms. Alison Arnold U. S. Corps of Engineers El. 0. Box 1890 Wilmington, N. C. 28402 Re: Property in Kill Devil Hills for Bailey and Associates Dear Alison, Please find enclosed our application to culvert an existing ditch on property in Kill Devil Hills to prepare the site for commercial development. A 12 foot wide concrete box culvert approximately 515 ft. in length with appropriate catch basins shall be constructed in accordance with N. C. Department of Transportation Standards. The culvert will allow existing flow from adjoining drainage ditches to continue to be routed to an existing culvert situated on the Town of Kill Devil Hills property to the South. Prior to 1974, the drainage ditch was oriented from the existing 48" culvert shown on attached sketch in a northeastern direction across the tract of land to where the ditch is in the U. S. 158 right-of-way. Sometime after that year this ditch was moved to its current location. As a result of this installation a. zone of influence has created wetland vegetation which was flagged by Coastland Development Consultants. (We understand that confirmation by you can be expected soon.) The attached sketch shows the '404' area which is proposed to be culverted and/or filled. This filled area is about 34,000 , square feet - at an average depth of one foot the total fill required is 3,7000 cubic yards. Fill material to prepare the remaining site shall be clean sand supplied by a commercial supplier. 1 The existing vegetation in the wetland area consists of wax myrtle (Myrica cerifera), blackwillow (Salix nigra) and marsh elder (Iva imbricata) which are on the edges of the flagged wetlands; Panicum spp. in the western portion of the wetland area; black needle rush (Juncus roemerianus) in the ditch and scattered sawgrass (Cladium jamaicense); fennel (Eupatorium spp.) adjacent to and on the south side of the ditch; and salt meadow grass (Spartina patens)-along the sides of the ditch. The existing and relic ditch locations transect the existing land tracts in a manner which creates difficulty in providing a contiguous and usable commercial site. Alternatives do not allow for efficient and planned traffic patterns nor do they provide a feasible site configuration to meet commercial development requirements. The proposed wetlands area to be filled appears to be a result of the construction of the drainage ditches. Care has been taken to avoid filling wetlands which are natural and persistent. If you have questions concerning application, sketch or information provided, please give me a call. Respectfully submitted, 11?44,ee?O Alm Qom, Marcus D. Felton Quible & Associates, P. C. Enclosure CC: Warren Bailey George Wood 2 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and storcnwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. d. Describe the planned use of the project. Commercial development ..l ADD . I A I??A?'.E r l.. .r. 'i: fit, ;•e.. :k. •. a. _? h? a. Name Quible & Associates Address P • 0. Box 847 City Nags Head State N. C. Zip 27959 Pay phone (919) 441-4321 Landowner or XX Authorized agent b. Project name (if any Dare Centre at Kill Devil Hills c. If the applicant is not the landowner, also give the owner's name and address. Bailey & Associates LOCATION © 3 PRO E1.1 a. Street address or secondary road number U.S. 158 - Third St & Aztec Sr. b. City, town, community, or landmark Kill Devil Hills c. County Dare d. Is proposed work within city limits or planning jurisdiction? Yes C. Name of bodly/Aof water nearest project DES.CRI ON.ANPL'ANNED EC ` RRJ PO U 36] a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Culvert and fill wetland area If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? New Will the project be for community, private, or commercial use? Commercial a. Size of entire tract " 15.04 Acres b. Size of individual lot(s) _ N/A c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 6 feet d. Soil type(s) and texture(s) of tract Sandy loam e. Vegetation on tract Lawn grass scrub thicket f. Man-made features now on tract Golf driving range g. What is the CAMA Land Use Plan Classifica- tion of the sitel (Consult the local land use plan.) Conservation Transitional Developed XX Community Rural Other h. How is the tract zoned by local govemmentl LB 1 & LB 2 i. How are adjacent waters classified? N/A j. Has a professional archaeological survey been carried out for the NraAct? No If so, by whom? U. P. L DIV F L.O Pvi E NF t. , Complete this section if the project includes any upland development. N/A a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation 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? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Managementl I. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approvall- k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example?, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? EXCAVATION IN, V40 T 9 n Y r a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill b. Amount of material to be excavated from below water level in cubic yards N/A c. Type of material N/A d. Does the area to be excavated include marsh- land, swamps, or other wetlands?^ 4 e. High ground excavation, in cubic yards f. Dimensions of spoil disposal area N/A g. Location of spoil disposal are NIA h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. I. Will a disposal area be available for future maintenance?r N/A If so, where? J. Does the disposal area include any marshland, swampiland,lor water areas? N/A k. Will the fill material be placed below mean high water? No 1. Amount of fill in cubic yards N/A m. Type of fill material N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? Yes p. Dimensions of the wetland to be filled 640'x55' q. How will excavated or fill material be kept on site and erosion controlled? Smooth sloped and deeded r. What type of construction equipment will be used (for example, dra line, backhoe, or hydraulic dredge)i ackhoe s. Will wetlands be crossed in transporting equip- ment to the project site? No If yes, explain the steps that will be taken to lessen en- vironmental impacts. SHoRELZ 1T :s ABIiIZATICJN a. Length of bulkhead or riprap N/A b. Average distance water-ward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material Length Width Depth DDITIU.N,A,T N FORMA ION 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 property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. An accurate work plat (including plan view and A statement on the use of public funds. If the t involves the expenditure of public funds, st- cross sectional drawings) drawn to scale in black ink on 8 Vz x II white paper. (Refer to Coastal projec tach a statement documenting compliance with the Resources Commission Rule 7j.0203 for a detailed North Carolina Environmental Policy Act description.) (N.C.G.S. 113A-1 to 10). Please note that original drawings are preferred and JCER?I'IFIGATION yAND' FERMIS. only high quality copies will be accepted. Blue-line SI0WTOEVTER ON: LAND':'} ` prints or other larger plats are acceptable only if 16 ? - high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- Any permit issued in response to this application ing that agency's use of larger drawings) A site or location map is a part of plat requirements and it will allow only the development described in the application. The project will be subject to condi- must be sufficiently detailed to guide agency per, tions and restrictions contained in the permit. sonnel unfamiliar with the area to the site. Include road (SR) numbers, landmarks, and the like. count I certify that to the best of my knowledge, the pro- y posed activity complies with the State of North A stormwater management plan, if applicable, that may have been developed in consultation with the Carolina's approved Coastal Management Program and will be conducted in a manner consistent with Division of Environmental Management. such program. A list of the names and complete addresses of the I further certify that I am authorized to grant, and adjacent waterfront (riparian) landowners. These s in which to submit com- 30 da h l do in fact, grant permission to representatives of state and federal review agencies to enter on the y ave s individua nts on the proposed project to the Division of aforementioned lands in connection with me Coastal Management. The applicant must advise evaluating information related to this permit ap- the adjacent landowners of this opportunity by sen- plication and follow-up monitoring of project. ding a copy of the permit application to them by registered or certified mail. This notification is re- This pis the, day of , V quired by G.S. 113-229(d). 19 G ` X ` c_/GGZC Name Address Lan owner or Authorized agent Name Send the completed application materials to the Address Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the Name map on the inside front cover for the appropriate DCM office and addresses and phone number. Address Form DCM-MP-2 MARINA DEVELOPMENT Attach this form to the Application for Permits to Develop in North Carolina's Coastal Area. Be sure to complete all other sections of that application which relate to this proposed project, including upland areas, even if duplicative. All shore-based facilities must be included in application and work plats. a. Check below the type of marina proposed. Commercial Public Residential b. Will the marina be open to the general publicl c. If there is residential development associated with the marina, how many units or lots are planned? d. Check all of the types of service to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for ex- ample, open runabout, charter boats, sail boats, or mixed types). g. Typical boat length h. Maximum boat length i. Are any floating buildings planned? If so, describe. S c. ? a. Check each of the following sanitary facilities which will be included in the proposed project. Office toilets Toilets for patrons Number _ Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and location for all sanitary wastewater. c. Describe solid waste, fish offal, and trash disposal. d. How will overboard discharge of sewage from boats be controlled? e. Give the location and number of "No Sewage Discharge" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste, and petroleum pro- ducts. g. Where will residue be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. Note: Regulatory signs such as these require ad- ditional approval by the N.C. Wildlife Resources Commission. 4 f i. - Give the location of fuel handling facilities and describe the safety measures planned to protect ' area water quality. j. Describe design measures that promote boat basin flushing or circulation and reduce water quality impacts. _ k. What will be the marina policy on overnight and live-board dockagel 1. Is the proposed marina located near any shellfish leased If so, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently providedl n. How many slips are now available) t 0 o 11�= m c" - O_ o -m co r 7' Dm r 0 m 0 =O m I_u < -9 O I0 < m 0 x C00 O --1 N 0 c 0_4 r - z XN m 0 I J m Op mD p N 0 r m z x Z w _ $ AZTEC ST. (25.00' R/W) 7' ' 1 7' D N D L Y z� 0 M m , N �i W N m 7 7' i 7' N 7' 204.00 _ S17 52 05E ROPOSEO CU INV. 0.20 O � o 11�= m c" - O_ o -m co r 7' Dm r 0 m 0 =O m I_u < -9 O I0 < m 0 x C00 O --1 N 0 c 0_4 r - z XN m 0 I J m Op mD p N 0 r m z x Z w _ $ AZTEC ST. (25.00' R/W) 7' ' 1 7' D U.S. 158 (150' R/W) I� pcn I D� z I mo I O 6 m m m I -z-i i O nocn� z I c co m �0 z zmnC p tnEi>rn I m z o� �I �I ChIJ Illy �- Jrt INV. OUT 3.29 -EXISTING 42"0 C.M.P.A. CROATAN H!GHWA.Y 6' 1 N D L Y z M m , N N 2 W N m 7 7' i 7' 7' 204.00 _ S17 52 05E ROPOSEO CU INV. 0.20 U.S. 158 (150' R/W) I� pcn I D� z I mo I O 6 m m m I -z-i i O nocn� z I c co m �0 z zmnC p tnEi>rn I m z o� �I �I ChIJ Illy �- Jrt INV. OUT 3.29 -EXISTING 42"0 C.M.P.A. CROATAN H!GHWA.Y 6' 1 J„