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HomeMy WebLinkAbout20061909 Ver 1_CAMA Application_20061211e~~ ~~_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 8, 2006 MEMORANDUM: 2 0 0 6 1 9 0 9 TO: Cyndi Karoly Environmental Biological Supervisor p ~~ Division of Water Quality ~~~ SEC 1 ~ FROM: Doug Huggett ~ 2006 Major Permits Processing Coordinator oEwr~ wAr '~.~,~osr~vr~R ~c~ SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: SKYCO DEVELOPMENT COMPANY, LLC Project Location: west side of NC 345, on Roanoke Island, Dare County Proposed Project: Excavate new canal basin system, construct docking for 50 boats for a 50-lot planned residential subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/~910b, to 400 Commerce Avenue, Moreheaad City, NC 2837. If you have any questions regarding the proposed project, please contact Frank Jennings 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 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight .~ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Skyco Development Company, LLC 2. LOCATION OF PROJECT SITE: west side of NC 345, Skyco, 8/10 mile south of intersection of US 64/264 and NC 345, Roanoke Island, Dare County and adjacent to the Croatan Sound. Photo Index - 2006: 182-7237 (L-20) 2000: 182-2156 (M-5) 1995:182-1879 (K-11) 1989: 153-11 (R-9) 1984: 141-1568 (F-20) State Plane Coordinates - X: 2988900 Y: 790700 Manteo Quad - LL 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/08/06 Was Applicant Present -Yes 5. PROCESSING PROCEDURE: Application Received Complete - 11/06/06 Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP -Conservation and Community (B) AEC(s) Involved: PTA, EW, ES and CW (C) Water Dependent: Yes (D) Intended Use: Private, Residential subdivision (E) Wastewater Treatment: Existing -None Planned -None (F) Type of Structures: Existing - No existing structures - 3 canals Planned -Excavation for canal/basin, docking for 50 boats, roadway (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: AREA 1~RRT~C:Ri~ 4HAT~F.T~ DISTURBED (A) CW, ES wetlands 8,530 sf 250 sf B U land ES s 4 800 sf s s C U land 142 715 sf 693 126 sf D PTA EW, Canal Waters 21 000 sf E CW wetlands 4 878 sf (F) Total Area Disturbed: 1,241,429 sf (28.5 acres) (G) Primary Nursery Area: No (H) Water Classification: SA Open: Yes Field Investigation Report: Skyco Development Company, LLC Page 2 8. PROJECT SUMMARY: The applicant proposes to excavate a new canal and basin system, construct docking for 50 boats fora 50-lot planned residential subdivision. Project Setting The site of the proposed development is a 171-acre tract located on the west side of highway NC 345, in the Skyco community, on Roanoke Island, Dare County and adjacent to the Croatan Sound. The property has an area of approximately 25 acres of uplands and the remainder of the property is a Juncus roemerianus salt marsh wetland that reaches the Croatan Sound to the west. The upland area is currently used as a spoil site for a project the NC Division of Water Resources initiated which was authorized by CAMA Major Permit #106-04. There is an earthen dike, approximately 15 feet in elevation, along the edge of the uplands containing sandy spoil material. The applicant is in the process of removing the spoil material and eventually dismantling the dike. The salt marsh is approximately 1,200 feet wide at its narrowest point and occupies approximately 146 acres of the property. There are three existing mosquito canals on the property that were dug almost to the upland area. The existing canals are approximately 40 feet wide with water depths ranging from 5 feet to 7 feet in the center and 1 foot to 3 feet near shore. A ditch system with water depths of -1 to -3 feet located off the southern most canal follows along the southern side of the upland area but is not part of this project. The adjacent riparian property to the south of the property is a tract of salt marsh with upland located on the east side near the State highway. The adjacent riparian property to the north is a private residence with a canal and shoreline riparian adjacent to Ashbey Harbor on the Croatan Sound. The waters of the Croatan Sound in this area are classified as SA by the Division of Environmental Management and are open to shellfish taking. Development Proposal The applicant proposes to create a 50-lot, single-family residential subdivision with direct water access and 50 boat moorings within a new canal/basin area. In order to provide direct water access, the applicant proposes to connect the three existing mosquito canals to the upland area by excavation. The northern most canal cut is approximately 40 feet wide and 40 feet long and impacts approximately 1,400 square feet (sf) of Coastal Wetlands (CW). The middle canal cut is approximately 40 feet wide and 136 feet long and impacts approximately 3,800 sf of CW. The proposed southern canal cut is a 34-foot wide and 100-foot long area that impacts approximately 3,330 sf of CW. The proposed final depth of the cuts is -5 feet below Normal Water Level (NWL). The main canal/basin area that will function as a private residential marina for 50 boats will be horseshoe shaped, dug out of uplands and follow the edge of the adjacent wetland areas. The proposed main canal will be approximately 3,052 feet long, an average of 46 feet wide with a water depth of -5 feet at NWL and will connect to each of the three existing mosquito canals with the new cuts. r.. Field Investigation Report: Skyco Development Company, LLC Page 3 The applicant proposes to excavate the main canal first and cut connections to the existing canals to minimize short term turbidity. In order to provide docking for each of the SO lots, the applicant proposes to construct a 6-foot wide and 3,500-foot long shoreline dock in the main canal adjacent to the upland area and along the north shoreline of the north canal. The applicant proposes to construct a 6-foot wide and 888-foot long wooden boardwalk to connect the dock on the main canal with the entrance to the subdivision. The applicant indicates that the maximum boat size could be 40 feet with a typical size of 25 feet. The upland development associated with the proposed subdivision consists of 78,158 sf of asphalt roadway and 7,491 sf of paved walkway, which are part of a total area disturbance of approximately 24.9 acres. Anticipated Impacts The proposed cuts for the three existing canals will result in the excavation of approximately 8,530 sf ~___ ____ of CW and Estuarine Shoreline (ES) Areas of Environmental oncern an sf of~uplan~lc s located with the ES AEC. The construction of the main canal will result in the excavation of approximately 147,515 square feet of uplands of which approximately 4,800 sf are located within the ES AEC at the north canal. The connect cuts for the three existing canals will result in approximately 1,825 cubic yards of material being removed from an elevation below NWL. The cut for the main canal will result in approximately 27,318 cubic yards of material being removed from an elevation below NWL. All excavated material will be stored on site and mixed with the existing soils on site. The proposed 6-foot wide residential marina dock will shade 21,000 sf of Public Trust Area (PTA) and Estuarine Waters (EW) AECs that are created by the excavation of main canal. The proposed walkway connecting the marina to the entrance will shade approximately 5,128 sf of CW AEC and 200 sf of uplands within the ES AEC. Approximately 250 sf of the CW shaded by this walkway are also located within the ES AEC. Approximately 391,518 sf of upland area will be disturbed and will be located within the ES AEC once ....the main canal. is connected to the existing canals. This development proposal does not include the construction of any single-family dwellings; however, it is anticipated that 50 septic drain fields, that is one for each house, will be installed on this property. Boating access will be enhanced and more boating activity will occur. The proposal, which includes three connections to Croatan Sound, will more likely have better water exchange by virtue of the multiple connections than a proposal with one connection. Field Investigation Report: Skyco Development Company, LLC Page 4 Temporary water turbidity should occur during construction. The increase of boat traffic in the area will affect the existing canal shoreline by wake erosion. The project will result in an increase of jurisdictional PTA and EW AECs of 147,515 sf and an increase of jurisdictional ES AEC of approximately 783,036 sf. 4 Submitted by: Frank A. Jennings, III Date: 12/06/06 MAJOR PERMIT FEE MATRIX Applicant: SKYCO DEVELOPMENT COMPANY, LLC Selection Development Type Fee DCM % DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: 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 a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water 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 a vatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: p• :, • 4 0 r. 0 ^ ^ r O "'nn~ I~L~ W ~r~y....~~ it r ti ___.. . ___. a ~ o { v -~ ~ m ~ ~~ c ~° z ~ v a z a ~ ~u n, ~ U O: ('~ O ~ O m A IN z m O O 2 N m n C 9 1 D ' m ! 9 ~ _ ~~ r ~c v m N D ~ F O ~ 9 I I i -ZI ~~N v ~ ~ ~ ~ -~ 0 Z~v n~< N ~ ~p O ~ ~ 3 ~D r r^ d °' °' d ~_{pp f0 p ~ w Z d ~ n W z m Zi ~' ~ ~ ~ m ~ ~{ ~; m ~ Q. ~ 9 } -Zr'.' '~ - ~ I N ~ ~ O N ~. ~ p O O. d rn a t :.a _ ~_ „ _ ~,. ' 1 ~ . 4 ~ ~ ..~ .. Quible 8 Associates, PC ~] ~ V - ~ ~0 (76 P.O. Drawer 870 Kitty Hawk, NC 27949 COASTti~ ARF~t~,~~CaEMENT' Phone: 252-261-3300 ELIZ~~"o , ~;,ijY Fax 252-261-1260 bntbino~quible.com Skyco Development Company, LLC CAMA MajorApplication- Nan-ative ~D DEN~t - WATF~ QUALIT'~ difl:Tl,AN0.S AND STORf~1NATER BRAidICF! Existing Conditions The subject property is a 171 aae tract located on the Croatan Sound and is accessible by NC345 in Skyco, on Roanoke Island, Dare County, North Carolina. The project area (proposed developmerrt area) is a 33.6 acre section within the subject tract Sheet 1 depicts the entire tract and Sheet 2 #ocuses on the proposed development area. Identified on Sheet 1 are three canals/aeeks that have historicaNy been permitted to be dredged and provide a consistent water depth of -5 ft, based on normal water level {nwi). For the purpose of this application package, the canals are referred to as Existing Canal A, B and C respectively. The upland portion ~ the property has been the location of a NC Division of Water Resources (DWR) dredge spoil retention location for State and Federal navigation channels in ShaNowbag Bay and Roanoke Sound. The spoil material that has been pumped and dewatered on site iS sand dominated. A wetland defrneation of the site, performed by Quible 8~ Associates, P.C. (Quible) has been confirmed by the US Army Corps of Engineers (USAGE) on 3-29-04. The majority of the Section 404 wetlands on the subject tract are coastal wetlands as identified by NC Division of Coastal Management. Proposed Work The project area is planned to be a future single family residerrtial developmer, with 50 ind"nridual lots. Each lot is planned to have an individual on-site septic treatrnent system and will be served potable water from the Dare County Water Distribution System. The goal of the project is to excavate an upland canal tt>~ would be excavated from existing non~vetlands down to a water depth of -5 ft, based on nwl. The man made canal will be connected to Existing Canal A, B and C. The connections to the existing canals will occur after the canplete excavation of the upland canal to minimize the effects of short term turbidity to the public trust The connection to the Existing Canals will irnolve excavation impacts to 8,523 sq.ft. of c~aastat wetlands (Channel A impacts 1,399 sq.ft., Channel B impacts 3,794 sq. ft., Channel C unpacts 3,330 sq.ft.). The width of the canal connections through wetlands will be 40 ft for Canal A and B, and 34 ft for Canal C. This conforms to the existing width of the existinng canals. The proposed upland canal will be 3,052 ft kx>tg and will range from 43 ft wide to 63 ft wide. The average width wiN be 46 ft, however, the ends of the canals will be wider (up to 63 ft). There is no proposed buNkheading assoaated with the canals. The side slopes are proposed to be graded at a 1:1 slope and vegetated down to the water line for stabilization. All excavation is proposed by mechan'~cat means and excavated material will be stockpiled on upland portions of the property. When dried, the excavated material will be incorporated into the upland grading plan. The average e~vation for uplands in the project area will be 7 to 8 ft above nwl. The griming plan wiN ditrct any storrrnnrater runoff away from the canals and wetlands and towards the interior of the {xoperty. o~.c 1 1 zoos September 20, 2006 As depicted on Sheets 1 and 2, there are 50 private mooring areas proposed (1 slip per lot). The individual lot owners will permit the exact mooring location and associated mooring pilingsrf necessary. Environmental impacts assoaated with the project inducting wetland impacts have been minimized to the fullest extent possible to achieve the project's objective of providing lots with water access to the area sounds, estuaries and Atlantic Ocean. Mfigation for impacts to wetlands will be proposed to US Army Corps of Engineers (USAGE) as required. We will worlk with USAGE to establish a compensatory mitigation plan that will achieve the federal requirement of offsetting impacts. Mitigation may indude on-site creation and/or restoration or a contribution to a wetland mitigation organization such as NC Ecosystem Enhancement Program (NCEEP). As requested, NC Division of Marine Fisheries (DMF) performed a shellfish resource irnestigation for the surface waters adjacent to the subject property. Included with this CAMA Major Application Package is a letter from Greg Allen, DMF that states that there are no knovm harvestable shellfish areas in the vidnity of the subject property. Sampling techniques and sampling data are incuded in the information provided by DMF. A flushing modeUanalysis of the proposed canal creation scenario has been performed by ENSR. The objective of the model was to evaluate daily flushing and water quality as it pertains to the projectt as proposed. A copy and discussion of the flushing analysis is being submitted as a component aF the CAMA Major Application Package. The model results pertain to worst-case conditions with summertime prevailing southvvest winds where flushing would tend to be the worst Using conservative parameters, the daily flushing rate would be approximately 8% with a residence time in the canals being less than 28 days. The total disturbed area will be approximately 24.9 acres. This will be addressed in a Soil Erosion and Sedimentation Control Plan (SESCP) submitted to NC Division of Land Quality (NCDLQ). As depicted on CAMA Sheets 1-3, there arse 6 ft wide pile supported walkways around the edge of the canals and along the near of lots 39-50 (4,388 t~. The intent of the walkways is to serve as a dodk system to provide water access for the development lot owners. The walkway will ovefiang the edge of the upland created canals so that boats can be moored in a side-to position adjacent to the walkways. 2 e~~ NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary ~-~, ~,~, k ~ ~~ ~ "~~'~ ~® 604 Harbor Road ivov ~ ~ 2aos COASTAL ~,'~ ~,,r~~.E ~LIZr1~,w~- MINI' -~~'~ Y Lee Tugwell Skyco Development Company, LLC 1 Sailfish Drive Manteo, NC 27954 Mr. Tugwell, Va'anchese NC, 27981 July 24, 2006 On July 19, 2006 North Carolina Division of Marine Fisheries (NCDMF) staff Greg Allen, Joe Cox and Ginger Wright completed a biological investigation for oysters in creeks adjacent to property parcel # 025881000 located on the westside of Roanoke Island south of Ashbee Harbor. NCDMF staff sampled Howard Creek, Charles Creek , an unnamed creek and the adjacent area in the Croatan Sound approximately 500 feet from the shoreline with patent tongs. Samples comprised of taking patent tong bottom samples, one squaze meter each, and sorting through the sediment recording oysters. Samples included l4 from Howards Creek, 12 from unnamed creek and 23 from Charles Creek with a total of 50 samples taken. One oyster shell consisting of 3 spat located at the mouth of Charles Creek were the only oysters found. Sample compositions are attached with sample numbers 1-13 from the unnamed creek, 14-26 from Howard Creek, and 27-50 from Charles Creek. Results from the current NCDMF biological investigation along with 2005 NCDMF shellfish mapping data, concluded there is no known harvestable shellfish area in waters within 500 feet of the parcel on land sampled. The nearest known harvestable shellfish area is located 1.8 miles south to Baum Creek on the southwest side of Roanoke Island. Sinc rely, ~~' reg Allen Shellfish Biologist North Carolina Division of Marine Fisheries cc: Craig Hardy Sara Winslow 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net ,Ci~1 D p~~~~ ~ ~ 1~?Q~ NonrthCarolina ~11?aturallu Biological Investigation Sampling Data Applicant:Lee Tugwell Temp. 28.6 C Date: July 19, 2006 Shellfish No. Bottom Type Collected Salinity 11.Sppt Shellfish No. Bottom Type Collected Shellfish No. Bottom Type Collected 1 mud 0 31 mudldetritus 0 61 2 mud 0 32 mud 0 62 3 mud 0 33 mud/detritus 0 63 4 mud 0 34 mud/detritus 0 64 5 mud 0 35 mud 0 65 6 mud 0 36 mud 0 66 7 mud 0 37 mud 0 67 8 mud 0 38 detritus 0 68 9 sand 0 39 detritus 0 69 10 mudd sand 0 40 mudd sand 0 70 11 mudd sand 0 41 mudd sand 0 71 12 mudd sand 0 42 detritus 0 72 13 mud 0 43 mud/detritus 0 73 14 mud 0 44 mud/detritus 0 74 15 mud 0 45 mud/detritus 0 75 16 mud/detritus 0 46 mud/detritus 0 76 17 mud 0 47 mud/detritus 0 77 18 mud 0 48 mudldetritus 0 78 19 sand 3 spat 49 mud 0 79 20 mud/detritus 0 50 mud 0 80 21 detritus 0 51 81 22 mud 0 52 82 23 detritus 0 53 83 24 mud/detritus 0 54 84 25 detritus 0 55 85 26 mudd sand 0 56 86 27 mud/detritus 0 57 87 28 mud 0 58 88 29 mud 0 59 89 30 mud 0 60 90 ~~ . ~ ,~ C~~~ 1 1t Zg06 ~ ~~ _ APP ~~~ ~~~~~, LI ATI ~._ N ~rvt2 1NAT5~ QUAI~I"1'~F ,11~rt11wino ~o dTOrN~wvA~r~R~ dItANGt1 (To be completed by all applicants) COASTi,~ ~~~1p,c,~;~:;.,;__, 2 0 0 6 1 9 0 9 s:uz~,~~-; ~, .;rr t' c. Street address or secondary road number 1. APPLICANT NC 345 in Skyco, Roanoke Island, Dare County d. Is proposed work within city limits or planning a. Landowner: jurisdiction? X Yes No Name Skyco Development Company, LLC e. Name of body of water nearest project (e.g. river, Attn: Lee Tugwell creek, sound, bay) Croatan Sound and tributaries of. including Howard Creek, Charles Creek and an Address 1 Sailfish Drive unnamed tributary City Manteo State NC Zip 27954 Day Phone (252)423-0516 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. Name 4uible & Associates, P.C. building a home, motel, marina, bulkhead, pier, and __ excavation and/or filling activities. Upland canal excavation (3,052 lfl, connection to existing navigable Address P.O. Drawer 870 canals that includes coastal wetland impacts (8,523 sg.ft.) residential subdivision of lots, pile-supported wood walkways over created canal edges, 50 private mooring City Kitty Hawk State NC areas, paved roadways outside the 75 ft AEC. See narrative for project detail Zip 27949 Day Phone (252) 261-3300 b. Is the proposed activity maintenance of an existing project, new work, or both? New Fax (252) 261-3300 c. Will the project be for public, private or commercial use? Private c. Project name (if any) Skyco Development, LLC NOTE: Permit will 6e issued in name of landowner(s), and/or pro,/ect name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark Skyco, Roanoke Island, Dare County d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. >f more space is needed, please attach additional pages. Construction of the canals will occur with a long reach excavator. Side slopes will be graded at a 1:1 side slope and vegetated with herbaceous and shrub cover down to normal water level. The connection of the created canals to the existing navigable canals will occur after canal excavation to avoid unnecessary siltation/turbidity. Pilings for the wood walkways will be driven. On-site grading will include bull dozers and other grading equipment including compactors. All grading material is on-site. The property is currently the site of a dredge spoil retention and staging Revised 0:x/95 Form DCM-MP-1 area. 4. LAND AND WATER CHARACTERISTICS Size of entire tract 171 acres; the proiect area is 33.6 acres b. Size of individual lot(s) There are 50 proposed future lots. See area table on Sheet 2. c. Approximate elevation of tract above MHW or NWL Existing elevations of wetland areas are approximately 1 ft above nwl and the upland area is on average 7 ft above nwl d. Soil type(s) and texture(s) of tract _Upland soils primarily consist of sand and silt dominated dredge material; wetland soils consist of Hobonny muck as per the 1992 USDA SCS Soil Survey of Dare County e. Vegetation on tract There is minimal upland vegetation since the site has existed as a dredge spoil retention and staging area; Wetland vegetation includes black needle rush, salt meadow cordgrass red cedar, loblolly pine and groundsel bush f. What are the existing features on the tract. Dredge spoil retention berms. g. What is the CAMA Land Use Plan land classification Of the Site? (Consult the local land use plan.) Conservation Transitional Developed X Community Rural Other New Urban Waterfront h. How is the tract zoned by local government? R-1 Residential Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? 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) X Other 404-freshwater If yes, has a delineation been conducted? Yes (Attach documentation, if available)- the wetlands lines depicted on the CAMA Major Site Plans have been delineated by Quible and confirmed by William Wescott,USACE with confirmation on 3-29-04. m. Describe existing wastewater treatment facilities. No existing wastewater treatment facility. The develoament proposes individual on-site wastewater treatment systems to serve each residential lot. n. Describe location and type of discharges to waters of the state. Currently, there is some discharge of water associated with hydraulic dredge operations to existing Canal C via (2) 36 inch steel Wipes from the spoil retention basin There will be some surface water runoff to waters of the state. o. Describe existing drinking water supply source. There is no existing drinking water supply. The Dare County Water Distribution System is proposed for future water supply. 5. ADDITIONAL INFORMATION RPVicarl (1`~ /Ari Form DCM-MP- 1 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. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 '/z" 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 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Arthur Demarest Address P.O. Box 580, Wanchese, NC 27981 Name Rex Tillet Address P.O. Box 2313, Manteo, NC 27954 Name Address • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • 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. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be 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 project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 3) day of ~T , 2006 Print Nam~'~ 1 Signature ~~ Land ner or Ailthorized Agent Rr~vicorl n~ ~Q~i Form DCM-MP-1 Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development x DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts x DCM MP-6 7Vlarina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised (l:~ /A.ri Form DCM-MP-2 EXCAVATION (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. Be sure to complete 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 feet. Access channel (1~II.W) or (~I-) Canal A Cut Canal B Cut Canal C Cut Main Canal Boat basin Boat ramp groin Other {Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth Access channels are existing ~40' 40' N/A -5' -136' 40' N/A -5' 100' 34' N/A -5' 3,052' 46'avg N/A -5' N/A N!A N/A N/A 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards Canal A-C Connection Cut: 9,856. sq.ft., l 825 cu.yds. max (calculated by taking total connection cui area multiylied by 5 ft and converted to cu.yds.) Main Canal: 147,515 sq.ft., 27,318 cu.yds.(calculated by takine total upland canal area mulitplied by 5 and.. converted to cu.vds.l Total Volume: 29,143 cu.yds. (Canal A-C Connection Volume below nwl plus Main Canal volume below mlw) b. Type of material to be excavated sand and silt c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? X Yes - No Coastal Wetlands Canal A: 1,399 sq.ft. of impacts Canal B: 3,794 sa.ft. of impacts Canal C: 3,330 sa. ft. of impacts d. High ground excavation in cubic yards High rQ ound excavation involves main canal excavation volume from the ground surface +/-7 ft above nwl down to 0 Upland Canal: 147,515 sg.ft., 38,245 cu.vds. (7 ft of Upland Canal excavation converted to cu.yds.) 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal areaThe mechanically excavated material will be stockpiled on the upland portions of the property.ad~acent to areas that will be excavated. When dried, the material will be graded into the existing uplands. None of the material will be hauled off-site. There is no hydraulic dred~in~ proposed. b. Dimensions of disposal area There will be multiple upland staging areas adiacent to the canal as rt is excavated. The canal will be excavated~rior to its connection to thepublic trust. Therefore, none of the stain;; areas will lie within an AEC. Form DCM-MP-2 EXCAVATION (Except bridges and culverts) Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? x Yes _ No If yes, where? Future maintenance dredged material can be temporarily stock led in the central portion of the proPert~ in the common area. Maintenance material would be hauled off-site. e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION Type of shoreline stabilization N/A Bulkhead Riprap Note: There will be free-standing timber bulkhead structures (without backfili) along both shorelines of the Canal A-C Connection Cuts. The purpose if to minimize the connection cut widths through wetlands and to enhance flushing of the system. 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 (Source of information) On-Site ObSOryatlon 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 backfill N1A h. Type of fill material N/A i. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water NIA (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No Lf yes, (1} Dimensions of fill area NA (2) Purpose of fill NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? An aQproved sedimentation and erosion control elan will be prepared .and implemented. Dredge spoil will be placed into staaingpiles prior to being utilized for on-site fill. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bulldozer, excavator, backhoe Wiil wetlands be crossed in transporting equipment to project site? Yes X No >f yes, explain steps that will be taken to lessen environmental impacts. N/A Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for LAMA Major Permit, Form DCM-MP-I. 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 There are 50 single family residential lots proposed. While not proposed bv_ Skyco Development, LLC, there will be 50 homes built in the future. b. Number of lots or parcels 50 lots c. Density (give the number of residential units and the units per acre) 0.29 lots per acre based on the 171 total acres d. Size of area to be graded, filled or disturbed including roads, ditches, etc. The total area of disturbance will be approximately 24.9 acres. This will be addressed m a SESCP submitted to NCDLO and includes site rading and canal excavation. 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? Yes X No If yes, date submitted An SESCP will be submitted after the LAMA Major package is accepted as complete by DCM. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. asphalt and concrete 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. There is no Not all lots have an area within the AEC) h. Projects that require a LAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted ALow-Density Stormwater Management Plan will be prepared and submitted to DWO after the CAMA Maior package is accepted as complete by DCM. i. Describe proposed method of sewage disposal. The development proposes individual on-site wastewater treatment systems to serve each residential lot. j. Have the facilities described in Item i. above received state or local approval? No (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). There will be minimal surface runoff to waters of the state. 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare County Water Distribution System m. Will water be impounded? If yes, how many acres?_ n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Yes X No Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to 3oint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application which relate to this proposed project. Dock(s) andlor Pier(s) (1) _ Commercial X Community _ Private Wood walkway/pier system (2) Number 1-connected (3) Length Total length:4,3881f (4) Width: 6 ft (5) Finger Piers Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) !Yes X No Located on channel piers (i) Number (ii) Length (iii) Width (7) Number of slips proposed There are 50 moorin a~ reas proposed as depicted on Sheets 1 and 2. This includes 1 slip_aer lot proposed. Individual slip owners will permit the exact location and associated mooring pilings if necessary. ($) Proximity of structure to adjacent riparian property lines The walkwaypier system lies on the property boundary on the northwest side of the property adjacent to the canal. The adjacent property is also owned by Skyco Development, LLC. The nearest adjacent rinarianproperty owner to the walkway/pier system besides Skyco Development, LLC is approximately 800 ft to the north. (9) Width of water body The narrowest width of the Croatan Sound in this location is 4.4 miles. The distance to the main navi ational channel of the Croatan Sound is 2.5 miles (10) Water depth at waterward end of pier at MLW or NWL The water depth at the waterward end the piers is proposed to be -5 ft below nwl. This is based on a 6 ft wide pier with canal sides cut at a 1:1 slope b. Boath ouse N/A (1) Commercial Private (2) Length (3} Width c. Groin N/A (1) Number (2) Length(s) d. Breakwater (e.g, wood, sheetpile, etc.} N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys N/A (1) -Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) N/A Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public X Residential b. Will the marina be open [o the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 50 single family residential lots proposed d. Check all of the types of services to be provided. N/A Full service, including travel lift andlor rail N/A Dockage, fuel, and marine supplies X Dockage ("wet slips") only Number of slips 50 N/A Dry storage Number of boats -0- N/A Boat ramp(s) NA Other (describe) e. Check below the proposed type of siting. X Land cut and access channel existine access channels with canals created from uplands N/A Open water with dredging for basin and/or channel N/A Open water, no dredging required N/A Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). 17'-22' open runnabouts and larger cabin cruiser type power boats g. Typical boat length 25' h. Maximum boat length 40' Are any floating structures planned? No If so, describe 2. MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. N/A Office toilets N/A Toilets for patrons Number Location in their individual residential homes only Showers_ in their individual residential homes only N/A Boat holding tank pumpout Type and location _ No Gump out b. Describe treatment type and disposal location for all sanitary wastewater. _ Individual on-site septic treatment systems c. Describe the disposal of solid waste, fish offal and trash disposal. Public trash removal by Dare County d. How will overboard discharge of sewage from boats be controlled? No live aboard; No heads e. Give the location and number of "No Sewage Discharge" signs proposed. N/A. This will be a condition in the homeowner covenants f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed ? . N/A h. Give the number of channel markers and "No Wake" signs proposed. There will be three no wake signs posted (one at each canal inlet area) i. Give the location offuel-handling facilities, and describe the safety measures planned to protect area water quality. Spill Prevention Control and Countermeasures Plan (see narrative) Form DCM-MP-6 j. Describe design measures that promote boat basin flushing or water quality impacts. No live aboard, no heads on boats, open mouth of basin will improve flow See Hvdrodynamic Model provided by ENSR core Multiple (3) connections through existing navieable canals are proposed that substantiate adequate natural flushine k. What will be the marina policy for overnight and live-board dockage? Not allowed 1. Is the proposed marina located near any shellfish leases? Yes X No See July 24, 2006 biological investigation report by Greg Allen, NCDMF m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? -0- o . Is the marina proposed within a primary or secondary nursery area? Yes X No Not designated as a PNA p. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and number of "Pumpout Available" signs proposed N/A Print Signs Date Skyco Development Company, LLC „"K`'a`"-~.` M, + ,rte Fes: ~ r ~ ,"#~` 1h~ 3~ w -;~~ .. .. ski *'!t n~ S L }~ •y. _ i.,. ~ 1#,~y~~`V' 1'i'~ Existing Conditions of the proposed development Existing Conditions of the proposed development area- Dredge Spoil Containment Area area- Dredge Spoil Containment Area Y M^ t ~s` ~Yi'Y` ~ (~q ' -_'~ is 2 _,i ~_ ~ ~ "1't ~ _ Proposed Channel 1 connection area ~, -r ~c -~ s - ~ _ ~: Y . ~` s ~ 4~,?. 5 ` 4 ~t ~ , ~ ~~ . AAA 111jjy ...,,~~~"`lll `~ . Proposed Channel 3 connection area Proposed Channel 2 connection area ~~~:~:aJY G® ~~~ _ 6 200 ~ COAEL~ZABt~AN AGEMCNT ~~~~~ p tic ~ ~ ~ao6 ~R - W T5R (~UhLiT1` A~1Q TkA~ p