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HomeMy WebLinkAbout19920386 Ver 1_COMPLETE FILE_19920729Y, r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 16, 1992 Regulatory Branch Action ID. 199202622 Mr. Terry Wheeler Dare County Parks and Recreation Post Office Box 1000 Manteo, North Carolina 27954 Dear Mr. Wheeler: ?Gn D a `. JjL- 2 21992 Reference your application for Department of the Army (DA) authorization to construct a pier and place fill materials in waters and wetlands of Pamlico Sound associated with construction of a multipurpose community center with access road and parking, near Buxton, Dare County, North Carolina. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. -2- This information is essential to our expeditious processing of your application and it should be forwarded to us by July 27, 1992. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. If you have questions, please do not hesitate to contact Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 1367'U.S. Highway 17 South Elizabeth City, North Carolina 27909 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary July 29, 1992 Dare County Attn: Mr. Terry Wheeler P.O. Box 1000 Manteo, N.C. 27954 Dear Mr. Wheeler: A. Preston Howard, Jr., P.E. Acting Director Subject: Certification. Pursuant to Section 401 of the Federal Clean Water Act, Proposed multipurpose community center with parking, access road, septic tank and pier Project #92386,-COE # 199202622 Dare County . Attached hereto is a copy of Certification No. .2764 issued to Dare County Parks and Recreation Dept. dated July 29, 1992. If we can be of further assistance, do.not hesitate to contact us. Sincerely, P eston Howard, Jr. P.E. 4? ti g Director Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Washington Regional Office Washington DEM Regional Office Mr. John Dorney Mr. John Parker Central Files REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer r . • 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 Dare County Parks and Recreation Deptartment pursuant to an application filed on the 22nd day of June, 1992 to construct a multipurpose community center with parking, access road, septic system and pier. The Application provides adequate assurance that the discharge of fill material into the waters of Cape Creek and Pamlico Sound in conjunction with the proposed community center 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). 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 29th day of July, 1992. DIVISION OF ENVIRONMENTAL MANAGEMENT U' P eston Howard, Jr. P E. Acting Director WQC# 2764 ?S WASHINGTONLOFFICE I n" `L 1 Mru N6 1.64 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management H'g1- 17 South • Elizabeth City, North Carolina 27909 ? Y Roger N. Schecter James G. Martin, Governor Director William W. Cobey, Jr., Secretary June 19, 1992 MEMORAMUM TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dare County (Parks and Recreation) Project Location: Off Hwy 12, Dare County ballfields, Fessenden Site, Buxton, Dare County. Proposed Project: Construction of a 9500 square foot multipurpose community center with parking, an access road crossing an existing canal, septic system, and 100 ft. x 6 ft. pier with 25 ft. x 20 ft. T-head. position or viewpoint on the proposed Please indicate below your agency's 1992. If you have any questions project and return this form by July 9, the proposed project, please contact Peter B. Colwell at 264-3901. regarding orting data is requested. When appropriate, in-depth comments with supp 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. q C? Date Signed -- i Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 An Equal Opportunity Affirmative Action Employer To: AW - .r'! John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW WaRO PROJECT # 9'? ' REVIEWER: SAWYER WQ SUPERVISOR: THORPE v WETLAND INFORMATION FOR CENTRAL OFFICE PERMIT YR: 92 PT-'44L I NO.: CQ(,TNJIV PROJECT NAME : x ?c. o-r( JUULL PROJECT TYPE: PERMIT CO f; COE #: DOT# : V4ET DS GROUP 0 RCD FROM CDA: DC DAT FR E rZ REG OFFICE: WaRO RIVER AND BA ,N#: *STREAM OR ADJACENT WATER BODY: e? ?P_OY /% ? CLASS: S A STREAM INDEX #: *OPEN OR CLOSED,:, WL IMPACT: If ?- Z WL TYPE: WL REQUESTED: ' j WL ACR EST: 4Li4 HYDRO CNECT?: WL SCORE: MITIGATION: Al MITIGATION TYPE: MITIGATION SIZE RATING SHEET ATTACHED?: RECOMMENDATION: SSU ISSUE/COND DENY STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: ? e°I'O ?_ Ito ??.. ? ``'''`.? ?- ,? ? -? WATER QUALITY CERT. 401 CERT. REQID: IF YES, TY E• GZoo,aL SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: ack?, (EXISTING PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: ? (DEM, DHS, COUNTY`' IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: latrV WETLAND: 4Z IS FILL ELIMINATING A SIGNANT USE? DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? ?M - IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? /f SEWAGE DISPOSAL: MARINA SERVICES: OXYGENINBASIN: CLOSURE OF SHELLFISHING WATERS: Page Two r RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: cc: Central Files Washington Regional Office Files DCM-John Parker Elizabeth City Morehead City Washington COE:Washington Field Office ' fttCc.?V?D t WASHINGTON OFFICE OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT N 2 21992 E 11. APPLICANT'S NA14E_Dare County (Parks and Recreation) ' 2. LOCATION OF PROJECT SITE Off Hwv 12- harp rniinfu hall -F .1 gn,I A PHOTO INDX: 1989:_201-2, 13 & 14-I J,K 1984:_145-393: 13-V W X_ STATE PLANE COORDINATES: X:_3038100 Y: 570400 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT_2/25/92 _0k 4/92 (B) WAS APPLICANT PRESENT Yes No 5. PROCESSING PROCEDURE: APPLICATION RECEIVED June 15. 1992 OFFICE-Elizabeth City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare County LAND CLASSIFICATION _FROM LUP Transitional (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS X PUBLIC TRUST WATERS ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC X_ PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING None PLANNED Gravity Septic System (F) TYPE OF STRUCTURES: EXISTING Softball field & old brick blda PLANNED Multipurpose Community Center, parkina walkway & dock (G) ESTIMATED ANNUAL RATE OF EROSION is SOURCE Applicant 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS (B) NON-VEGETATED WETLANDS: Shallow Water Bottom (C) OTHER: Upland (D) TOTAL AREA DISTURBED: AREA DREDGED FILLED OTHER 4 sq. ft. 1250 sq ft 60000 so ft 61254 sauare feet (1.44 acre) (E) PRIMARY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SA OPEN: YES X NO 8. PROJECT SUMMARY: Construction of a 9500 square foot multipurpose communitv center with parkina an access road crossing an existing__ canal, septic system and 100 ft x 6 ft pier with 25 ft x 20 ft T-head. i I x ' Dare County (Parks and Recreation) Bio Report Page Two Site Description Dare County owns a 10 acre tract (known as the Fessenden tract) off Hwy 12 behind "Dillions Corner" in Buxton, Dare County. Historically it was the site of some early wireless radio research. Currently on the property is a lighted softball field with gravel parking and an old 16' x 31' brick building used in the early radio research. A narrow, man-made canal extends into the property off what is know as Muddy Marsh Ditch which empties into Cape Creek and then into Pamlico Sound. Cape Creek is classified as SA waters. The canal serves to drain stormwater run-off from this area of Buxton and is too shallow at its upper end to navigate. The canal ends in a large culvert which goes under the softball field. The upper end of the canal is steep sided with scattered clumps of black needlerush (Juncus roemerianus) and salt marsh cordgrass (Spartina alterniflora). As the canal approaches Muddy Marsh Ditch it passes through an extensive black needlerush marsh. The coastal marsh area extends across the property along Muddy Marsh Ditch to another canal. The marsh grades from salt marsh cordgrass along the canal into black needlerush and then into a wetland shrub thicket of marsh elder (Iva frutescens) and groundsel tree (Baccharis halimifolia) and then into wax myrtle (Myrica cerifera) near the upland. The upland area of the tract is characterized by an open grassland of salt meadow hay (Spartina patens), prickly pear cactus (Opunia drummondil), Smilax sp., gaillardia (Gaillardia pulchella) with scattered red cedar (Juniperus virginiana) and yaupon (Ilex vomitoria). Dare County proposes to build a 9,500 square foot multi purpose community center with a 66 space parking lot, access road, and 100 foot pier. Approximately 1/3 of the total project is within the Estuarine Shoreline AEC. The access road will cross the man-made canal at its upper end near the existing culverts. The proposed road crossing will be accomplished by two 36" culverts and fill material placed in the canal. To avoid the canal, the access road would have to pass through part of the existing softball field. The access road leads to a 200 ft. square parking area with a stormwater retention basin in the center. The community center will be located at the back of the property 15 ft. from the wetland line. The septic field is shown 65 ft. from the wetland line on the east side of the building. The 100 ft. x 6 ft. walkway/pier will extend from the center building to the edge of Muddy Marsh Creek to a 20 ft. x 25 ft. T-head deck. A 4 ft. wide walkway is also proposed around the east side of the building. The old radio research building is to be left as is and possibly turned into a small museum in the future. i % Dare County (Parks and Recreation) Bio Report Page Three Anticipated Impacts The proposed access road crossing of the canal will fill 1250 square feet of shallow water habitat and 4 square ft. (one clump of black needlerush) coastal wetlands. Impervious surfaces (roadway, parking lot, and building) will cover only about 9% of the area within the Estuarine Shoreline AEC. The proposed pier/walkway will shade approximately 420 square feet of coastal wetlands and 500 square feet of public trust waters. There will be some localized increase in turbidity with the proposed road crossing. Approximately 60000 square ft. of uplands will be filled and graded for the project. CAMA Review Land use plan consistency is under review and will be forwarded concurrently with recommendations from other reviewing agencies. Submitted by: Peter B. Colwell Date: June 16, 1992 t?l r • Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name DARE COUNTY, ATTN TERRY WHEELER Address Po Box 1000 City Manteo State NC Zip 27954 Day phone (919) 473-1101 X Landowner or NA Authorized agent b. Project name (if any) Fessenden Center c. If the applicant is not the landowner, also give the owner's name and address. NA 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NC 12 b. City, town, community, or landmark Buxton c. County Dare d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Pamlico Sound 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT If you plan to build a marina, also complete and attach Form DCM-MP-2. 1??' `- b. Is the proposed activity maintenance of an existing project, new work, or both? ??h 5 New Work c. Will the project be for community, privates commercial use? Community d. Describe the planned use of the project. Provide a multi-purpose facility for residents and visitors of Hatteras Island 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 9.96 Acres b. Size of individual lot(s) NA c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5.65' d. Soil type(s) and texture(s) of tract Corolla, Carteret, Fripp Sands e. Vegetation on tract Coastal wetlands to the West, Yaupon holly, Live oak, Waxmyrtle on Uplands. f. Man-made features now on tracpall field,StorageBidg g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation _x Transitional Developed Community Rural Other h. How is the tract zoned by local government? S-1 i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom? Or pier).Muitiourpose community center Master plan & feast i i y study prepared by with parking, raised wooden walkway Inabinet Assoc., Inc. or archives an ..>iih acanciatPd amPnitis?S History 1n Jan. 12/89 1 0 5 UPLAND DEVELOPMENT Complete this section if the project includes any lanej{I x, development. a. Type and number of buildin s, 9,faciliti500 es, sqor.fti. structures proposed- one m Water supply sourcdraPa Hatteras Water Associati building with 42,295 sq.ft. of roads anti parking. b. Number of lots or parcels Nn_- c. Density (Give the number of residential units and the units per acre.) NA d. Size of area to be graded or disturbed 1.5 Acres 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? being prepared. f. Give the percentage of the tract with;n 75 feet of mean high water to be covered by imp(mrieable surfaces, such as pavement, buildini,s, rooftops. 8.8441 g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. -Asphal.-t..,---concrete -- 11. If applicable, has a stormwaler n1,1W"i!einent plan been submitted to the Division of Fnvironmental 1tlanagemcnt?-Being-_prepa red. __ i. Describe proposed sewage disposal and/or waste witertre.atnlent facilities. on si.t:e gravity septic system with second phase low pressure pipe j. Ilave these facilities received state or local approval? Low pressure system )erm.it 1 NO 0002359 k. Describe existing treatment facilities. None Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"), None 2 n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. NA o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable door? NA 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) FN Boat basin NA Other (break- loo' s' - 4- boat water,- ier, ramp, 25' 20' T-head) rock jetty) Fill placed in :?; ><:x>>':::•:<::::: Road Crossing wcdan d or below :?;;;•:rr:?;.•. . 251 501 MH W Upland fill APPROX 300' .00' areas b. Amount of material to be excavated from below water level in cubic yards -0- c. Type of material NA d. Does the area to be excavated include marshland, swamps, or other wetlands? NA e. High ground excavation, in cubic yards -0- 1289 A 6 f. Dimensions of spoil disposal area g. Location of spoil disposal area NA h. Do you claim title to the disposal area?. NA If not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? NA If so, where? j. Does the disposal area include any marshland, swamps, or water areas? A k. Will the fill material be placed below mean high water? YES 1. Amount of fill in cubic yards ± 180 cu.yds- m. Type of fill material culverts s cleanfill n. Source of fill material Upland source o. Will fill material be placed on marsh or other wetlands? No P. Dimensions of the wetland to be filled NA C. Shoreline erosion during preceding 12 months, in feet Unknown < 1.0' d. Type of bulkhead material _ NA e. Amount of fill, in cubic yards, to be placed below mean high water NA f. Type of fill material NA 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 forward a copy of the RipRap deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. q. How will excavated or fill material be kept on site and erosion controlled? Silt fence r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? sackhoe s. Will wetlands be crossed in transporting equipment to project site? NO If yes, explain steps that will be taken to lessen environmental impacts. NA 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap -0- b. Average distance waterward of mean high water or normal water level NA An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 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 18 high 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 county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. r1r..rFlVC-.o 1 12/89 r . , .,Y 1- Name Carol 1)iIIon Address PO Box 428 nuxton, NC 77920 Name Address Cat, natteran Motel /Attn _navenawsonAny permit issued in response to this application will 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND rcr rtox 339 allow only the development described in the application. nuxton, NC 21920 The project will he subject to conditions and restrictions contained in the permit. Name U.S.Park Service Attn_ Ms.Mary Moran Address Rt. 1, Box 675 1 certify that to the hest of my knowledge, the proposed Man teo, NC 27954 activity complies with the State of North Carolina's ap- 4. t:a.lcc,n Mc,tel At.t.n. nc,uc Mee 192k ins - Po Box 63.11nuxton, V 2 1920 proved Coastal hlanahcrncnt Program and will be A list of previous state or federal permits issued for ducted in a manner consistent with such program. work on the project tract. Include permit numbers, 4 I cnnrttee, and r«mnt* dates. /0002.150 # 25M,00 A check for $1ORmade payable to the Ih partntent of Frivironment , health & Natural Resources to cover the costs of processing file application. A signed AE(' hazard notice for projects in oceanfront and inlet areas. A statement on the Ilse of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the rqorth Carolina Environmental Policy Act (N.C.G.S. 11 ' A-1 to 10). I further 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 project. This is the 104- day of 3 rt.h4.19 Cdowner or Authorized tit 12/89 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 22, 1992 Regulatory Branch Action ID No. 199202622 and State Permit No. 89-92 Mr. Terry Wheeler Dare County Parks and Recreation Post Office Box 1000 Manteo, North Carolina 27954 Dear Mr. Wheeler: Reference your application for a Department of the Army permit to construct a pier and place fill materials in waters and wetlands of Pamlico Sound associated with construction of a multipurpose community center with access road and parking, near Buxton, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and Quible and Associates, plan, Sheet No. Cl, entitled The Fessenden Center, dated May 13, 1992. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, G. Wayne Wright Chief, Regulatory Branch w Copies Furnished: -2- Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. John Dorney Water Quality Section Division of Environmental Management Vl*/Orth Carolina Department Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service of Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 27611-7687 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management Route 6, Box 203 Elizabeth City, North Carolina 27909 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 29, 1992 Regulatory Branch Action ID. 199202622 S: August 31, 1992 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Dare County Parks and Recreation, represented by Mr. Terry Wheeler,.for Department of the Army authorization and a State Water Quality Certification to construct a pier and place fill materials in waters and wetlands of Pamlico Sound associated with construction of a multipurpose community center with access road and parking, near Buxton, 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 authorizing 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 a reasonable time for State action. Therefore, if you have not acted on the request by August 31, 1992, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, e Wrig ief, Regulatory Branch Enclosure -2-- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North,Carolina Department of -Environment, Health and Natuxal Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 `Mr. David, Griffin Elizabeth City Regional Office NorthCafrolina Division of Coastal Management 1367 U. S.. Highway 17 South 'Elizabeth City, North Carolina 27909 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling,ipaving, land clearing, and stormwater con- trol. ?f the requested information is not relevant to your If you plan to build a marina, also complete and project, write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2. must be completed for all projects. b. Is the proposed activity maintenance of an, existing project, new work, or both? New Work 1 APPLICANT c. Will the project be for community, privates N?- a. Name DARE COUNTY, ATTN TERRY WHEELER commercial use? Community Address PO Box 1000 City Manteo State NC d. Describe the planned use of the projegt. Provide a multi-purpose facility for Zip 27954 Day phone ( 919) 473-1101 residents and visitors of Hatteras Island X Landowner or NA Authorized agent b. Project name (if any) Fessenden Center 4 LAND AND WATER c. If the applicant is not the landowner, also give the ' CHARACTERISTICS owner s name and address. -_NA a. Size of entire tract 9.96 Acres b. Size of individual lot(s) NA 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NC 12 b. City, town, community, or landmark Buxton c. County Dare d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Pamlico-Sound 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5.65'. d. Soil type(s) and texture(s) of tract Corolla, Carteret, Fripp Sands e. Vegetation on tract Coastal wetlands to the West, Yaupon holly, Live oak, Waxmyrtle on Uplands f. Man-made features now on tracpall f ield, StorageBld g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation _xx Transitional Developed Community Rural Other h. How is the tract zoned by local government? S-1 i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j, Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carved out for the tract? No If so, by whom? or pier).Mui ipsrpose community center Master plan & feast i i y study prepared by with parking, raised wooden walkway Inabinet Assoc., Inc. or archives an aaant. at ed amc?ni t i S History in Jan. 19 . 12/89 to . • I • rl 5 UPLAND DEVELOPMENT ` ` Complete this section if the project includes any lancj'i!l i developm int. a. Type and number of buildin s, facilities, or stn,cturesproPoscd__one-t?) 9,500sq.tu. m• Water supplysourc?ape Hatteras Water Associat ----- ---- _building with 42,295 sq.ft.- of roads and parking. -- b. Number of lots or parcels.- n c. Iknsity (Give file number of residential units and file units per acre.) NA d. Size of area to be graded or disturbed 1.5 Acres C. If the proposed pmjcct will disturb more than one acre of land, the Division of Land Resources must receive an erosion and scditnentation control plan at least 10 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to file Division of Land Resources? being prepared. n. if the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. NA o. if the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? NA 6 EXCAVATION AND FILL INFORMATION Give the percentage of the tract with;n 75 feet of a. mean high water to be covered by impenneable surfaces, such as pavement, buildin},s, roo(Iops. 8 `s41k--- g. List the materials, such as marl, piver stone, asphalt, or concrete, to be used for paved surfaces. .AsRhal t?.__cflncr.ete-_ h. If applicable, has a slormwaler manaecment plan been submitted to the Division of I-nvirYnmental 111arlagenletll? _l3C i. ng?? repa red . i. Describe proposed sewage (lislxtsal and/or waste watertreatmcnt facilities, On sit.e gravity septic system wi.th second phase low _- - _1--_- pre. >ur<• pipe Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other(break- water,Pict, boat ramp, rock jetty) Fill placed in wetland or below MIN j. Have these facilities received state or local approval? Upland fill Low pressure -system Fermi t areas _1 W?_Qgg2359 Describe existingtrratmertt facilities. _Nnne Describe location and type of discharges to waters of the state (forcxamplc, surface runoff, sanitary wastewater, industrial/commercial efflncnt, "wash dowel"). None APPROX Length Width Depth NA NA 100' 6' - 4' 25' 20' T-head) Road Cr using :•.? <::;•;:.: 251 09 ywajry :;ti:;S:: -0011 b. Amount of material to be excavated from below water level in cubic yards -O- c. Type of material - NA d. Does the area to be excavated include marshland, swamps, or other wetlands? NA e. High ground excavation, in cubic yards 12/89 . • f. Dimensions of spoil disposal area g. Locatibr of spoil disposal area NA h. Do you claim title to the disposal area? NA If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? NA If so, where? j. Does the disposal area include any marshland, swarmA, or water areas? k. Will the fill material be placed below mean high water? YES 1. Amount of fill in cubic yards 180 cu.yds. m. Type of fill material culverts & clcanf ill n. Source of fill material Upland source o. Will fill material be placed on marsh or other wetlands? Nn p. Dimensions of the wetland to be filled NA c. Shoreline erosion during preceding 12 months, in feet Unknown < 1.0' d. Type of bulkhead material NA e. Amount of fill, in cubic yards, to be placed below mean high water NA f. Type of fill material NA 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 forward a copy of the RipRap deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. q. How will excavated or fill material be kept on site and erosion controlled? Silt fence r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. NA 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap -0- 1). Average distance waterward of mean high water or normal water level NA An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x I 1 white paper. (Refer to Coastal Resources Commission Rule 710203 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 18 high 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 county road (SR) numbers, landmarks, and the like. A storrnwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised-by the applicant of that opportunity. .li1+J ,. , 12/89 , , .7 Name Carol Dillon Address PO Box 428 .._.__ 9 CERTIFICATION AND PERMISSION tluxmi---N` 27920 -- ---- -- TO ENTER ON LAND ?. cape naf-tera. Motel /Att:n _DavenawsonAny permit issued in response to this application will _. ---? ---___- A(trtress PO nox 339 allow only the development descritxd in the application. R Ix t ""' NC 2792.0 The pm.jcct will he subject to conditions and restrictions contained in tiro vennit. Name U.S-nark Service, Attn. Ms.Mary Address Rt. 1, nox 675 Mant:co, NC 27954 - 4. t:alcorr Motel, Attn. Douq'Meekins - VO Rox 63.1, ttuxf orl, NC 21920 A list of previous state or federal perr?tit-; issued for Nvork on file project tract. hlcludc Ix•nnit numbers, pcnnittee, and issuing dates. tQ f00023501 Moran 1 certify that to the hest of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Manapemcnt Program and will he con- ducted in a manner consistent with such program. A check for $10(knia(le paval)le lo the 1 k partme•nl of I?nvironment , licalfh & Natural Resources to cover the costs of processhig the application. A signed AEChazard notice for projects in oceanfront and inlet arras. A statement on thr use of pnl?lic fnnrls. If file project inrt,l? c? the CNIwilditnrc cif I111ltlir Iurnts, a!tach a mcm documenting cornpliancc with the IJ„tih Carolina f'.nvilonruental Policy Act (N.C.G.5. 1F A - I to 10). I further 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 pmjcct. This is the loth- day of .S Lth? lc? 9.- -- _-. Cdowner or Authorized , T -rrt C1\ r Cl . 12/89 p OFFICE OF COASTAL MANAGEMENT D U FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME Dare County (Parks and Recreation) WATER QUALITY SECT101 2. LOCATION OF PROJECT SITE Off Hwy 12, Dare County ballfields Fessenden Site Buxton PHOTO INDX: 1989:_201-2, 13 & 14-I J K 1984:_145-393; 13-V W X_ STATE PLANE COORDINATES: X:_3038100 Y: 570400 3. INVESTIGATION TYPE: DREDGE & FILL X CANA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT.2/25192 _06/04!92 _ (B) WAS APPLICANT PRESENT Yes No 5. PROCESSING PROCEDURE: APPLICATION RECEIVED June 15, 1992 OFFICE Elizabeth Citv 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare County LAND CLASSIFICATION FROM LUP Transitional _(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE__X__ COASTAL WETLANDS _X PUBLIC TRUST WATERS ESTUARINE WATERS _X OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC X_ PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING-None PLANNED Gravity Septic System (F) TYPE OF STRUCTURES: EXISTING Softball field & old brick bldg PLANNED Multipurpose Community Center, parking, walkway & dock (G) ESTIMATED ANNUAL RATE OF EROSION 1' SOURCE Applicant 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER - 4 sq. ft. (B) NON-VEGETATED WETLANDS: Shallow Water Bottom 1250 sq ft (C) OTHER: Upland 60000 sq ft (D) TOTAL AREA DISTURBED: .61254 square feet (1.44 acre) (E) PRIMARY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SA OPEN: YES X NO 8. PROJECT SUMMARY: Construction of a 9500 square foot multipurpose_ community center with parking, an access road crossing an existing canal, septic system and 100 ft x -6 ft pier with 25 ft x 20 ft T-head. a I A Dare County (Parks and Recreation) Bio Report Page Two Site Description Dare County owns a 10 acre tract (known as the Fessenden tract) off Hwy 12 behind "Dillions Corner" in Buxton, Dare County. Historically it was the site of some early wireless radio research. Currently on the property is a lighted softball field with gravel parking and an old 16' x 31' brick building used in the early radio research. A narrow, man-made canal extends into the property off what is know as Muddy Marsh Ditch which empties into Cape Creek and then into Pamlico Sound. Cape Creek is classified as SA waters. The canal serves to drain stormwater run-off from this area of Buxton and is too shallow at its upper end to navigate. The canal ends in a large culvert which goes under the softball field. The upper end of the canal is steep sided with scattered clumps of black needlerush (Juncus roemerianus) and salt marsh cordgrass (Spartina alterniflora). As the canal approaches Muddy Marsh Ditch it passes through an extensive black needlerush marsh. The coastal marsh area extends across the property along Muddy Marsh Ditch tO another canal. The marsh grades from salt marsh cordgrass alo,-ig the canal into black needlerush and then into a wetland shrub thicket of marsh elder (Iva frutescens) and groundsel tree (Baccharis halimifolia) and then into wax myrtle (Myrica cerifera) near the upland. The upland area of the tract is characterized by an open grassland of salt meadow hay (Spartina patens), prickly pear cactus (Opunia drummondil) Smilax sp., gaillardia (Gaillardia pulchella) with scattered red cedar (Juni erus virainiana) and yaupon (Ilex vomitoria). Dare County proposes to build a 9,500 square foot multi purpose community center with a 66 space parking lot, access road, and 100 foot pier. Approximately 1/3 of the total project is within the Estuarine Shoreline AEC. The access road will cross the man-made canal at its upper end near the existing culverts. The proposed road crossing will be accomplished by two 36" culverts and fill material placed in the canal. To avoid the canal, the access road would have to pass through part of the existing softball field. The access road leads to a 200 ft. square parking area with a stormwater. retention basin in the center. The community center will be located at the back of the property 15 ft. from the wetland line. The septic field is shown 65 ft. from the wetland line on the east side of the building. The 100 ft. x 6 ft. walkway/pier will extend from the center building to the edge of Muddy Marsh Creek to a 20 ft. x 25 ft. T-head deck. A 4 ft. wide walkway is also proposed around the east side of the building.. The old radio research building is to be left as is and possibly turned into a small museum in the future. Dare County (Parks and Recreation) Bio Report Page Three Anticipated Impacts The proposed access road crossing of the canal will fill 1250 square feet of shallow water habitat and 4 square ft. (one clump of black needlerush) coastal wetlands. Impervious surfaces (roadway, parking lot, and building) will cover only about 9% of the area within the Estuarine Shoreline AEC. The proposed pier/walkway will shade approximately 420 square feet of coastal wetlands and 500 square feet of public trust waters. There will be some localized increase in turbidity with the proposed road crossing. Approximately 60000 square ft. of uplands will be filled and graded for the project. CAMA Review Land use plan consistency is under review and will be forwarded concurrently with recommendations from other reviewing agencies. Submitted by: Peter B. Colwell Date: June 16, 1992 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name DARE COUNTY, ATTN TERRY WHEELER Address Po Box 1000 City Manteo State NC Zip 27954 Day phone (919) 473-1101 X Landowner or NA Authorized agent b. Project name (if any) Fessenden Center C. If-the applicant is not the landowner, also give the owner's name and address. NA 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NC 12 b. City, town, community, or landmark Buxton c. County Dare d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Pamlico Sound 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for community, private, commercial use? Community d. Describe the planned use of the project. Provide a multi-purpose facility for residents and visitors of Hatteras Island 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 9.96 Acres b. Size of individual lot(s) NA c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5.65' d. Soil type(s) and texture(s) of tract _Corolla, Carteret, Fripp Sands e. Vegetation on tract coastal wetlands to the west, . Yaupon holly, Live oak, Waxmyrtle on UplandE f. Man-made features now on traCpall field, StorageBld g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation x_Transidonal Developed Community Rural _ Other h. How is the tract zoned by local government? S-1 i. How are adjacent waters classified? SA a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier).Mul i ppoGP omm nits center with parking, raised wooden walkway - with associated amenities_ 1289 Has a professional archaeological survey been carried out for the tract? No If so, by whom? Master plan & feast i i y study prepared by Inabinet Assoc., Inc. or archives an History in Jan. . 1 5 UPLAND DEVELOPMENT Complete this section if the project includes any lan(f,l1'1 development. r\ a. "T`vpc and numherof build_ins?s. facilities, or -- stI'll cturesproposc(i one (1) 9 , 500 sq . f tj. M. Water supply sourccCa buildinq with 42,291 sq.F1:. of roads and parkinq, ----- - -- - h. Number of lots or parcels c. Density ((rive the number of residential units and the units pcracrc.) NA d. Size of area to he graded or disturbed 1.5 Acre. C. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedinuntatioll control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been suhmitted to tits Division of Land Resources? being prepared. Hatteras Water Associa n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach aceessways or provide new access. NA o. If the project is on die oceanfront, what will be the elevation above mean sea level of the first habitable floor? NA 6 EXCAVATION AND FILL INFORMATION f. (rive the percentage of tic tract witiOn 75 feet of a. Describe below the purpose of proposed excavation mean high water to he covered by inlf>ermcahle or fill activities (excluding bulkheads, which are surfaces, such as pavement, huildings, rooftops. covered in Section 7). 8.848 ------- ------ -- g. List 111.0 materials, such as marl, paver stone, asphalt, Length Width Access channel Depth or concrete, to be use(1 for paved surfaces. (MLW) or (NWL) --AsphaJ t _.concrete Nn Boat basin _ h. If applicable, has a storinwatcr inarlagcmem plan Other (break- [Teri submitted to the Division of Fnvironmental A1 00 100' 6' water - 4' anagcment?_pe11 q--prepa red . , boat ramp 25' ' , 20 T-head) i. Describe proposed sewage disposal and/or waste rock jetty) watertreatmeni facilities. on site gravity septic s ystem with Fill laced in p : . _ second phase l o w pressure pipe Road Cr• sing wetland or below ... »>.: »<:>:» - 25' J. Hive these facilities received slate or local approval? Upland fill ?> » >> _Low pressure s stem ?crmi t areas APPROX 300' 00' rs i';5 ?«><'»_ 0002359 k. Describe existing trcatrnent facilities. b. Amount of material to be excavated from below None _ water level in cubic yards -o- c. Type of material NA I. Describe location and type of discharges to waters of d. swoamps or other wetlands? excavated include marshland, the state (for cxample. strrface nrnoff, sanitary NA wastewater, in(fuslrial/commercial effluent, "waslt down"). clone e. Nigh ground excavation, in cubic yards ground-excavation, 2 1289 f. Dimensions of spoil disposal area g. Location of spoil disposal area NA h. Do you claim title to the disposal area? NA If not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? NA If so, where? j. Does the disposal area include any marshland, swamtpAs, or water areas? k. Will the fill material be placed below mean high water? YES 1. Amount of fill in cubic yards ± 180 cu.yds. m. Type of fill material culverts & cleanfill n. Source of fill material Upland source. o. Will fill material be placed on marsh or other wetlands? _ No p. Dimensions of the wetland to be filled NA C. Shoreline erosion during preceding 12 months, in feet Unknown < 1.0' d. Type of bulkhead material NA e. Amount of fill, in cubic yards, to be placed below mean high water NA f. Type of fill material NA 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 forward a copy of the RipRap deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Silt fence r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. NA 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap -0_ h. Average distance waterward of mean high water or normal water level NA 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 18 high 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 county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. P1M--1-1 F-J,.) i 12/89 Name Carol Dillon • - - ---- Address Po Box A2>3 9 CERTIFICATION AND PERMISSION n UXtor1, NC 21920 _--_.--------- _ _ TO ENTER ON LAND r::?Rtc CI 1) ? ria t (-r,Mot (,]/At t-n. D,1v(1oawr,onAny permit issued in response to this application will ---- -- ------- Arl,hcss _ r"c? 110x 33r) __ _ alirnv only the development described in the application. _n_ux t_on, NC 2 1920 _ File project kill he suhject to conditions and restrictions contained in the permit Ntote U.S.Park Forvicc, Attn. Mr.Mary Address Rt.. _ 1 , nox 675 Manteo, NC 27954 -1. Falcon M-tr-1, Attn. note) Mr<kinz Po nox h 1 1, lrnxt (m, NC' 2197(1 A list of prCN-ious state or federal permits izcuc(I fOr work ort the project Irac•t. !Delude permit rttnnhcrs, pernlim'e, and r-euin[! d IIvs. W() tUn021`)i) Moran i certify that to the t csl of my knowledge, the proposed activity complies «•ilh the State of North C'arolina's ap- proved Coaslal i\bIlVenlent Program an(I will he con- ductal in a manner consistent will, such program. ? 25a.no A check for $If4Qn?adc payable to Ilrc i)c partn?cnt of Ftivironmenl , Health & Naltwil Resources to cover the costs of processing the application. A signed AF,(' hazard notice for projects in oceanfront and inlet areas. A slalerncnl on file use of public fends. If th^ project involvec the exprnditure of p1ihlic' funds a!lacl1 a stale- mcnt doctimentim, cornplianc(' \t.ill, the IJc,rth (`arolin'I f-!ivirrnnicnl,11 hilicy Act 11 -A - i to 1O). I further certify 111,11 1 sun authorized to grant, and do in fact, grans pcrl"ssion to represent,1tivCS 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 project. This is the l?f ?t day of J u.h4. 19 q.- - downer or Authorizcd , r nt -- r (?,Y? i•'?l r , 12/89 1W DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 27, 1992 Regulatory Branch Action ID. 199202622 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Dare County Parks and Recreation, represented by Mr. Terry Wheeler, for Department of the Army authorization to construct a pier and place fill materials in waters and wetlands of Pamlico Sound associated with construction of a multi-purpose community center with access road and parking, near Buxton, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with permit plan (Quibble and Associates, THE FESSENDEN CENTER, dated May 5, 1992). b. All fill materials will be obtained from a high ground source. c. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. d. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. e. The authorized structure and associated activity will not cause an unacceptable interference with navigation. -2- f. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 John Dorney Water Quality Section ? Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. David Griffin, District Manager N.C.'Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909 Quible Quible & Associates, P.C. ENGINEERS • ARCHITECTS • ENVIRONMENTALISTS • SURVEYORS • PLANNERS SINCE 1959 7 August 1992 Mr. Clifford Winefordner Wilmington District, Corps of Engineers PO Box 1890 Wilmington, NC 28402-1890 FF! Re: Fessenden Center - Major CAMA Action ID. 199202622 Dear Mr. Winefordner: icatior? R P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 919461-3300 Fax: 919-261-1260 PRINCIPALS H.W. Bill Gilbert, III. P.E. William C. Owen, R.L.S. F. Richard 9uible, P.E.. R.L.S. ASSOCIATES Joseph S. Lassiter, S.E.S. Waverly C. Ormond, A.I.A. Sean C. Boyle, P.E. Eduardo J. Voldivieso, P.E. The p =poca of this letter is to provide a response to the 16 July 92 correspondence from the Corps of Engineers (COE) to Mr. Terry Wheeler, Dare County Manager. That letter requested additional information on the Major CAMA Permit Application for the Fessenden Center, a proposed multi-purpose community center in Buxton, NC. The application was prepared and submitted to the NC Division of Coastal Management (DCM) by Quible and Associates, P.C. on behalf of Dare County. We are therefore responding to your request. In preparing the site plan for the Fessenden Center we attempted to follow the COE criteria of avoidance, minimization and, if necessary mitigation, for wetlands impacted. The Section 404 wetlands on the subject tract have been delineated and confirmed by Mr. Gary Mitchell of the COE. The only proposed impact to jurisdictional wetlands or waters of the U.S. associated with this project is a culverted road crossing over a man-made ditch, cut through high ground, which bisects the property. Because there is an existing ball field with fences and lights adjacent to NC 12 we have no route for the proposed access road to the center other than to cross the ditch at some point. The area proposed for the road crossing was selected, in coordination with the DCM, because it is at the upper end of the ditch and is in an area with little, or no, wetlands fringe. The proposed road crossing will impact a small area of wetlands plants (approx. 10 sq. ft.). It will impact an area of approximately 1,250 sq. ft. within the referenced man-made ditch. It is therefore my hope and contention that no mitigation is required in this instance. Thank you for your attention to this correspondence. This is an important project to the people of Hatteras Island and the COE consistency determination is one of the final steps required prior to the DCM making a permit decision. I request, on behalf of Dare County, that you provide your determination to the DCM as quickly as possible. If you have questions or need additional information please contact me at 919-261-3300. iPger, u .9 Jossiter Ma ironme ntal Section Quible and Associates, P.C. cc: Raleigh Bland, COE Terry Wheeler, Dare County John Parker, DCM John Dorney, DEM