Loading...
HomeMy WebLinkAbout19960346 Ver 1_COMPLETE FILE_19960410 State of North Carolina Department of Environment, Health and Natural Resources Diviston of Environmental Management James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E., Director May 23, 1996 Dare County DEM Project # 960346 APPROVAL of 401 Water Quality Certification Town of Kill Devil Hills P,O, Box 1719 Kill Devil Hills, NC 27948 Dear Sirs: Y0U bave our approval to place fill material in 1,966 ~quare feet of waters for the purpose of impro\ing an existing road at Bay Drive, Kill Devil Hills, as you described in your application dated 8 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you sbould get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory bearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition whicb conforms to Cbapter 150B of the North Carolina General Statutes to tile Office of Administrative Hearings, P,O. Box 27447, Raleigh, N.C. 27611-7447. Tbis certification and its conditions are final and binding unless you ask for a bearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you bave any questions, please telephone John Dorney at 919-733- 1786, sncer~~.~ Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM George Wood; Environmental Professionals 960346.ltr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919.733-1786 FAX # 733-99:3 An Equal Opportunity Affirmative Action Employer. 50% recycled/1 0% post consumer paper State of North Carolina Department of Environment I Health and Natural Resources Division of Coastal Management 9. fJ~' . :: (; 4 6 AVA DEHNR ~ Ii RECEIVED WASHINGTON OFFICE ll~ James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director APR 0 8 1996 April 2, 1996 D. E. M.. jP " ',~ I ~. MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr, Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kill Devil Hills, Town of Project Location: Bay Drive, Dare County, Kitty Hawk Bay Proposed Project: Pave 2,000 linear ft, of soil road, replace & lengthen an existing 43" x 27" elliptical culvert, install 32' of guardrail, a concrete spillway and associated fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996, If you have any questions regarding the proposed project, please contact M. Edward Harrell at (919) 264-3901, When appropriate, in- depth comments with supporting data is 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, Signed This agency objects to the project for reasons described in the attached comments, Date s;-ft 0/lh 1367 U.S, 17 South. Elizabeth City. North Carolina 27909 An Equal Opportunity Affirmative Action Employer Telephone 919-264-3901 FAX 919-264-3723 50% recycled I 10% post-consumer paper ~ ,. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Kill Devil Hills 2. LOCATION OF PROJECT SITE: Unpaved portion of Bay Drive, Kill Devil Hills, Dare County adjacent, Kitty Hawk: Bay Photo Index - 1989: 146-19 F 6-8 E 9-12 1984: 136-482 V 17-24 State Plane Coordinates - X: 2979400 Y: 849600 3 , INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 25, 1996 Was Applicant Present - Represented 5. PROCESSING PROCEDURE: Application Received - March 29, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kill Devil Hills Land Classification From LUP - Transition and Conservation (B) AEC(s) Involved: ES EW PT (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - 55' long corrugated metal pipe Planned - 67' pipe, concrete spillway, 2,000' of paving (G) Estimated Annual Rate of Erosion: N/ A Source - N/ A 7. HABITAT DESCRIPTION: DREDGED [AREA] FILLED OTHER (A) Vegetated Wetlands 1789 sq. ft. Non-coastal wetlands (B) N on-Vegetated Wetlands 175 sq, ft. Shallow water habitat (C) Other Covered Impervious surface 56,000 sq, ft. Highground disturbance 32,000 sq, ft. (D) Total Area Disturbed: 89,964 sq. ft. (2.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8, PROJECT SUMMARY: Pave 2,000 linear feet of soil road, replace and lengthen an existing 43" by 27" elliptical culvert, install 32' of guardrail and a concrete spillway, Fill 175 square feet of shallow water habitat and 1,789 square feet of non-coastal wetlands, , ' Town of Kill Devil Hills Bio Report Page Two SITE DESCRIPTION The Town of Kill Devil Hills owns and maintains Bay Drive, a 75' wide right-of-way extending in a north to south direction along the shoreline of Kitty Hawk Bay, All of the street has been improved with 24' wide asphalt paving except 2,000' by 20' of soil road lying between Hayman Boulevard and Avalon Drive. The western edge of the right-of-way is located an average distance of 80' from the normal water level of Kitty Hawk Bay, which is classified SA waters by the NC Division of Environmental Management. The soil road is located along the eastern half of the 75' wide right-of-way and in a few placed encroaches slightly upon abutting private property. Along approximately 1,700 linear feet of the soil roadway, the waterward half of the right-of-way is highground vegetated with an overstory of loblolly pine (Pinus taeda), red bay (Persea borbonia), live oak (Quercus virginianus), and black willow (Salix nigra) and an understory of wax myrtle (Myrica cerifera), winged sumac (Rhus capollina) and bullbriar. Along the other 300 linear feet of roadway, located at the southern end, the Town has acquired additional right-of-way extending to the normal low water line, It is within this 300' long section that one finds non-coastal wetlands located within the original 75' right-of-way. These wetlands support a homogeneous stand of giant reed (Phragmites australis) and are concentrated along the sides of and at the end of a 15' wide slough, This slough is approximately 100' long and the landward end penetrates the original 75' wide right-of-way for a distance of 35'. To the north and south sides of the waterward end of the slough are 5' - 25' wide fringes of coastal wetlands vegetated with black needlerush (funcus roemerianus), salt reed grass (Spanina cynosuroides), and salt meadow grass (Spanina patens). Bickett Street, which is unimproved, lies on the east side of Bay Drive and intersects it directly opposite the slough. Centered within the Bickett Street right-of-way is a 15' wide, 2,400' long drainage ditch extending from the east side of Bay Drive to the western edge of the US 158 Bypass. This ditch, created after the 1962 storm, is a major component of the Town's drainage system. A 55' X 43" X 27" corrugated metal pipe lying under the soil road carries water from the ditch into Kitty Hawk Bay. At its discharge end the culvert extends 4' into the slough which is approximately 2' deep throughout. PROPOSED DEVELOPMENT The town proposes the following improvement: . Remove the 55' long culvert at Bickett Street and replace it with a 67' long pipe. Construct a fan-shaped concrete spillway at the outlet to prevent erosion and control sedimentation, Approximately 175 square feet of shallow water area at the landward end of the slough will be filled, Town of Kill Devil Hills Bio Report Page Three . Fill an' area of non-coastal wetlands approximately 10'-20' wide located on both sides of the proposed spillway, in order to stabilize the road shoulder. Approximately 1,789 square feet of non-coastal wetlands will be filled, . Install approximately 110 linear feet of curb and gutter at the intersection of Sportsman Drive and Bay Drive. . Pave approximately 2,000 linear feet of Bay Drive with 24' wide asphalt and 2' wide stone shoulders and construct swales and water control structures along both sides of the asphalt roadway. Approximately 56,000 square feet of impervious surfacing is proposed, ANTICIPATED IMPACTS Placing a longer culvert and constructing a concrete spillway in the landward end of the slough will result in the loss of 175 square feet of shallow water habitat. Filling an area along the shoulder for stabilization purposes will cause the loss of 1,789 square feet of non-coastal wetlands. Some short term turbidity will occur during construction, Increased runoff will occur as a result of the 56,000 square feet of impervious surfaces (asphalt and stone shoulders). The installation of swales on both sides of Bay Drive will result in 32,000 square feet of land disturbing activity. No archeological/historical significance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Submitted by: Date: M. Edward Harrell March 29, 1996 Form DCM-MP-l prr'-' MAR 2 9 \996 APPLICATION (fo be completed by all applicants) 1. APPLICANT a. Landowner: NameTown of Kill Devil Hills Address PO Box 1719 City Kill Devil Hills State NC Zip 27948 Day Phone Fax b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 Ci~ Kill Devil Hills State NC Zip 27948 Day Phone (919) 441-0239 Fax (919) 441-0721 c. Project name (if any) Bay Drive NOTE: Pennil will be issued in name (If Icmd(lwner(.r). (//Id/ol' project fIOme, 2. LOCATION OF PROPOSED PROJECT a. County Dare Revised 03/95 b. City, town, community or landmark Kill Devil Hills . c. Street address or secondary road number Bay Drive d, Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Kitty Hawk Bay 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a, List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. pave road, construct swales, install culverts, guard rails, spill way replace culvert and fill wetlands for ROW improvement b, Is the proposed activity maintenance of an existing project, new work, or both? both c, Will the project be for public, private or commercial use? public d. Form DCM-MP-l 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/ A b. Size of individuallot(s) N / A c. Approximate elevation of tract above MHW or NWL + / - 5' d. Soil type(s) and texture(s) of tract sandy Salls e. Vegetation on tract see attached wetland delineation forms f. Man-made features now on tract unimproved road g. What is the CAMA Land Use Plan land classification of the site? (Consul//Ile localla1ld use pla1l.} ~ Conservation _ Developed Rural X Transitional _ Community Other h, How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? ....K...- Yes No (Attach zoning complia1lce cer/ifica/e, if applicable) j. 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 I. Are there wetlands on the site? .JL Yes No Coastal (marsh) X Other 404 If yes, has a delineation been conducted? yes (Attac11 docume1l/a/io1l, if al'ailable) prr"'" MAR 2. 9 \996 m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of discharges to waters of the state, (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None - all run off will be contained in drainage swales 0, Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: · A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. · An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 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 Note: Total land disturbance is 121,250 sq. ft. or 2.78 acres Revised 03/95 Form DCM-MP-l site. Include highway or secondary roatl (SR) numbers, landmarks, and the like. . A Stormwater Certificntion, if one is net:essary, . A list of the names and complete addresses of the adjacent waterfront (riparian) lando~ners 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 Address Phone see attached Name Address Phone Name Address Phone · A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None · A check for $250 made payable to the Department of Environment, Health, and Natural Resourt:es (DEHNR) to cover the costs of prot:essing the application, · A signed AEC hazard notice for projet:ts 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 publk funds or use of public lands, attat:h a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 c~.,-" ~~R '2. 9 \990 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 11 day of March , 19~. Print Name George H. Wood Signature ~ 11 '/Jjtm/ LandolVner or Authorized Agent Ple~se indicate attachments pertaining to your proposed project. L DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign alld date each attachment in the space provided at the bottom of each fonn. Form DCM-MP-2 EXCAVATION AND FILL (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 valurs to be givcn in fcct. N/A ^ vcragc Existing I>epth Final I'roj eet I>clllh Length Width Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 c......... t!l~\\ 2. 9 W~b 1. EXCAVATION N/A a, Amount of material to be excavated from below MHW or NWL in cubic yards b, Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SA Vs) or other wetlands? _ Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a, Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d, Will a disposal area be available for future maintenance? Yes No If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SA Vs or other wetlands? Yes No f. Does the disposal include any area in tlw water? Yes No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preced ing 12 months (Source of infonnation) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No Revised 03/95 \.. ,-r 1" h\~R '2. 9 \996 If yes, (1) Amount of material to be placed in the water 27 c. yds. (2) Dimensions of fill area 13 x 15 (3) Purpose of till to improve right of way b, Will fill material be placed in coastal wetlands (marsh), SA Vs or other wetlands? -L Yes No 404 wetlands only If yes, (1) Dimensions of fill area 1,789 sq. it. (2) Purpose of fill to improve ri ght of way 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence will be placed along disturbed sites adjacent to wetlands, the area will be smoothed and grassed b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? road grader , bull dozer c, Will wetlands be crossed in transporting equipment to project site? _ Yes ~ No If yes, explain steps that will be taken to lessen environmental impacts. Bay Drive APPIi$~ ""Jocl No"" ~.... /J.I-Ilnrr! Signature 3/11/96 nall~ Form DCM-MP-S r-r'l'-" r"'- BRIDGES AND CULVERTS ~~Q '2. 9 \996 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. (4) Will all, or a part of, the existing culvert be removed? (Explain) , g. Length of proposed bridge 1. BRIDGES N/A h. Width of proposed bridge i. Height of proposed bridge above wetlands a. Public Private , . I j. Will the proposed bridge affect existing watedlow? Yes No If yes, explain b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL k, Navigation clearance underneath proposed bridge e. Will proposed bridge replace an existing bridge? Yes No If yes, (I) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands contairiing no navigable waters? Yes' No If yes, explain f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, please provide record of their action. Revised 03/95 Form DCM-MP-S 2. CULVERTS a. Water body in which culvert is to be placed Bickett St. drainage swale b. Number of culverts proposed 1 c. Type of culvert (construction material, style) bitumanous coated corrogated metal pipe d. Will proposed culvert replace an existing bridge? Yes X No If yes, (1) Length of existing bridge N/ A (2) Width of existing bridge N/ A (3) Navigation clearance underneath existing bridge N / A (4) Will all, or a part of, the existing bridge be removed? (Explain) N/ A e. Will proposed culvert replace an existing culvert? -X-- Yes No If yes, (1) Length of existing culvert 55 (2) Width of existing culvert 48" (3) Height of the top of the existing culvert above the MHW or NWL +/- 3' (4) Will all, or a part of, the existing culvert be removed? (Explain) all remOVf>O f. Length of proposed culvert 67' g. Width of proposed culvert 48" h. Height of the top of the pro~osed culvert above the MHW or NWL +/- 3 i. Will the proposed culvert affect existing water now? Yes X No If yes, explain Revised 03/95 F'- t4~\\ 2. 9 \'196 J, Will the proposed culvert affect existing navigation potential? Yes X No If yes, explain 3. EXCAVATION AND FILL a, Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? ~ Yes No If yes, (I) Length of area to be excavated 16' (2) Width of area to be excavated 4 I (3) Depth of area to be excavated 3 ' (4) Amount of material to be excavated in cubic yards 7 . 1 c. yds. b, Will the placement of the proposed bridge or culvert require any excavation within: _ Coastal Wetlands _ SA Vs -X. Other Wetlands If yes, 25' (I) Length of area to be excavated (2) Width of area to be excavated 4 ' (3) Amount of material to be excavated in cubic yards 1 c. yd. c, Will the placement of the proposed bridge or culvert require any highground excavation? ~ Yes No If yes, (I) Length of area to be excavated 51 . 5 ' (2) Width of area to be excavated 4 ' (3) Amount of material to be excavated in cubic yards 23 c. yds. d, If the placement of the bridge or culvert involves any excavation, please complete the following: (I) Location of the spoil disposal area on existing soil road (2) Dimensions of spoil disposal area 25' x 40' (3) Do you claim title to the disposal area? -L Yes No If no, attach a letter granting permission from the owner, Form DCM-MP-S (4) Will the disposal area be available for future maintenance? X Yes No (5) Does the disposal area include any coastal wetlands (marsh), ~A Vs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. N / A (6) Does the disposal area include any area below the MHW or NWL? Yes ~ No If yes, give dimension if different from No.2 above, N / A e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Yes X No If yes, (1) Length of area to be tilled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands SA Vs...x Other Wetlands If yes, ( 140' 1) Length of area to be tilled (2) Width of area to be tilled + / - 15 I (3) Purpose of fill to stablize shoulder g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? _ Yes -K- No If yes, (1) Length of area to be tilled (2) Width of area to be filled (3) Purpose of till 4. GENERAL a. Will the proposed project involve any mitigation? Yes X No If yes, explain in detail Revised 03/95 MAR '2 9 '90~ b, Will the proposed project require the relocation of any existing utility lines? -X- Yes No If yes, explain in detail water main relocation c, Will the proposed project require the construction of any temporary detour structures? ~ Yes No If yes, explain in detail Bay Drive unimprove section will be closed during constructio d. Will the proposed project require any work channels? _ Yes -L No If yes, complete Form DCM-MP-2 e. How will excavated or till material be kept on site and erosion controlled? fill material will be contained behind silt fence and grass tor stabllzatlon f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? backhoe road grader g, Will wetlands be crossed in transporting equipment to project site? _ Yes ~ No If yes, explain steps that will be taken to lessen environmental impacts. N/ A h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes X No If yes, explain in detail Bay Drive AP4t or I>rojcct Name . ~....... /J.l.l!trlrcl Signatnre 3/11/96 Dale , p DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT q60Ji6~ 1. APPLICANT'S NAME: Town of Kill Devil Hills 2. LOCATION OF PROJECT SITE: Unpaved portion of Bay Drive, Kill Devil Hills, Dare County adjacent, Kitty Hawk Bay Photo Index - 1989: 146-19 F 6-8 E 9-12 1984: 136-482 V 17-24 State Plane Coordinates - X: 2979400 Y: 849600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 25, 1996 Was Applicant Present - Represented 5. PROCESSING PROCEDURE: Application Received - March 29, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kill Devil Hills Land Classification From LUP - Transition and Conservation (B) AEC(s) Involved: ES EW PT (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - 55' long corrugated metal pipe Planned - 67' pipe, concrete spillway, 2,000' of paving (G) Estimated Annual Rate of Erosion: Nt A Source - Nt A (A) Vegetated Wetlands 1789 sq. ft. Non-coastal wetlands (B) Non-Vegetated Wetlands 175 sq, ft. Shallow water habitat (C) Other Covered Impervious surface 56,000 sq. ft. Highground disturbance 32,000 sq. ft. DREDGED [AREA] FILLED OTHER 7. HABITAT DESCRIPTION: (D) Total Area Disturbed: 89,964 sq. ft. (2.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Pave 2,000 linear feet of soil road, replace and lengthen an existing 43" by 27" elliptical culvert, install 32' of guardrail and a concrete spillway. Fill 175 square feet of shallow water habitat and 1,789 square feet of non-coastal wetlands. , . Town of Kill Devil Hills Bio Report Page Two SITE DESCRIPTION The Town of Kill Devil Hills owns and maintains Bay Drive, a 75' wide right-of-way extending in a north to south direction along the shoreline of Kitty Hawk Bay. All of the street has been improved with 24' wide asphalt paving except 2,000' by 20' of soil road lying between Hayman Boulevard and Avalon Drive. The western edge of the right-of-way is located an average distance of 80' from the normal water level of Kitty Hawk Bay, which is classified SA waters by the NC Division of Environmental Management. The soil road is located along the eastern half of the 75' wide right-of-way and in a few placed encroaches slightly upon abutting private property. Along approximately 1,700 linear feet of the soil roadway, the waterward half of the right-of-way is highground vegetated with an overstory of loblolly pine (Pinus taeda), red bay (Per sea borbonia), live oak (Quercus virginianus), and black willow (Salix nigra) and an understory of wax myrtle (Myrica cerifera), winged sumac (Rhus capollina) and bullbriar. Along the other 300 linear feet of roadway, located at the southern end, the Town has acquired additional right-of-way extending to the nonnallow water line. It is within this 300' long section that one finds non-coastal wetlands located within the original 75' right-of-way. These wetlands support a homogeneous stand of giant reed (Phragmites australis) and are concentrated along the sides of and at the end of a 15' wide slough. This slough is approximately 100' long and the landward end penetrates the original 75' wide right-of-way for a distance of 35'. To the north and south sides of the waterward end of the slough are 5' - 25' wide fringes of coastal wetlands vegetated with black needlerush (Juncus roemerianus), salt reed grass (Spartina cynosuroides), and salt meadow grass (Spartina patens). Bickett Street, which is unimproved, lies on the east side of Bay Drive and intersects it directly opposite the slough. Centered within the Bickett Street right-of-way is a 15' wide, 2,400' long drainage ditch extending from the east side of Bay Drive to the western edge of the US 158 Bypass. This ditch, created after the 1962 storm, is a major component of the Town's drainage system. A 55' X 43" X 27" corrugated metal pipe lying under the soil road carries water from the ditch into Kitty Hawk Bay. At its discharge end the culvert extends 4' into the slough which is approximately 2' deep throughout. PROPOSED DEVELOPMENT The town proposes the following improvement: . Remove the 55' long culvert at Bickett Street and replace it with a 67' long pipe. Construct a fan-shaped concrete spillway at the outlet to prevent erosion and control sedimentation. Approximately 175 square feet of shallow water area at the landward end of the slough will be filled. Town of Kill Devil Hills Bio Report Page Three . Fill an area of non-coastal wetlands approximately 10'-20' wide located on both sides of the proposed spillway, in order to stabilize the road shoulder. Approximately 1,789 square feet of non-coastal wetlands will be filled. . Install approximately 110 linear feet of curb and gutter at the intersection of Sportsman Drive and Bay Drive. . Pave approximately 2,000 linear feet of Bay Drive with 24' wide asphalt and 2' wide stone shoulders and construct swales and water control structures along both sides of the asphalt roadway. Approximately 56,000 square feet of impervious surfacing is proposed. ANTICIPATED IMPACTS Placing a longer culvert and constructing a concrete spillway in the landward end of the slough will result in the loss of 175 square feet of shallow water habitat. Filling an area along the shoulder for stabilization purposes will cause the loss of 1,789 square feet of non-coastal wetlands. Some short term turbidity will occur during construction. Increased runoff will occur as a result of the 56,000 square feet of impervious surfaces (asphalt and stone shoulders). The installation of swales on both sides of Bay Drive will result in 32,000 square feet of land disturbing activity. No archeological/historical significance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Submitted by: Date: M. Edward Harrell March 29, 1996 Form DCM-MP-l Rr"'~" MAR 2 9 t996 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: NameTown of Kill Devil Hills Address PO Box 1719 City Kill Devil Hills State NC Zip 27948 Day Phone Fax b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone (919) 441-0239 Fax (919) 441-0721 c. Project name (if any) Bay Drive NOTE: Pennit will be issued in name: of/(lndowner(s). (lIIdlor project nome, 2. LOCATION OF PROPOSED PROJECT a. County Dare Revised 03/95 b. City, town, community or landmark Kill Devil Hills c. Street address or secondary road number Bay Drive d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Kitty Hawk Bay 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation andlor filling activities. pave road, construct swales, install culverts, guard rails, spill way replace culvert and fill wetlands for ROW improvement b, Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be for public, private or commercial use? public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. This project will improve the existing unpaved portion of Bay Drive and relocate the road within the right of way. A culvert will be replaced along Bickett St. draina e durin construction an wetlands 0 only will be fi11e to improve the ROWand afford a level of safety in that area. Form DCM-MP-l 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N / A b. Size of individuallot(s) N / A c. Approximate elevation of tract above MHW or NWL + / - 5' d. Soil type(s) and texture(s) of tract sandy s01.ls e. Vegetation on tract see attached wetland delineation forms f. Man-made features now on tract unimproved road g. What is the CAMA Land Us!.: Plan land classification of the site? (Consultthl! lomlliltul uS/! plafl,) ~ Conservation _ Developed _ Rural X Transitional _ Community Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? -X- Yes No (AI/ach loning compliaflcl! cl!rtifica/I!, if applicable) j. 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 --..L No 1. Are there wetlands on the site? l Yes No Coastal (marsh) X Other 404 If yes, has a delineation been conducted? yes (AI/ach documefltation, if available) per'-" MAR 2. 9 \996 m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None - all run off will be contained in drainage swales o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: · A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. · An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J .0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Note: Total land disturbance is 121,250 sq. ft. or 2.78 acres Revised 03/95 Form DCM-MP-l 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 addr~scs of the adjacent waterfront (riparian) landowners and signed return receipts as proof that ~uch 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 Address Phone see attached Name Address Phone Name Address Phone · A list of previous state or federal pennils issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None · 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 - I 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. . Revised 03/95 c~;''''''' ~~R '2. 9 \990 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 11 day of March , 19~. Print Name George H. Wood Signa'ure i;y-- 11 'II/we! LandolVner or Authorized Agent Please indicate attachments pertaining to your proposed project. L DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign alld date each attachment in the space provided at the bottom of eachfonn. Form DCM-MP-2 c;.~- ~~R '2. 9 W9b EXCAVATION AND FILL (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 ur fill activities. All values to be givcn in fect. N/A Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Len!;th Width ^ verage Existiu!; Depth Final I'roj eel Depth ,. ..... .. . ,,'.,..> ., 1. EXCAVATION N/A a, Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SA Vs) or other wetlands? _ Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/ A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes _ No If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wellands (marsh), SA Vs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE ST ABILIZA TION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of infonnation) f. Type of bulkhead or rip rap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No Revised 03/95 f=- Fr"" .-- t!\~R '2. 9 \996 If yes, (1) Amount of material to be placed in the water 27 c. yds. (2) Dimensions of fill area 13 x 15 (3) Purpose of till to improve right of WHY . b. Will fill material be placed in coastal wetlands (marsh), SA Vs or other wetlands? ~ Yes _ No 404 wetlands only If yes, (1) Dimensions of fill area 1,789 sq. ft. (2) Purpose of fill to improve right of way 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence will be placed along disturbed sites adjacent to wetlands, the area will be smoothed and grassed b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? road grader , bull dozer c. Will wetlands be crossed in transporting equipment to project site? _ Y es ~ No If yes, explain steps that will be taken to lessen environmental impacts. Bav Drive APPO':;!; ProJ", N,m. 71'- // tllHrc/ Signature 3/11/96 Hale Form DCM-MP-S BJRIDGES AND CUL VERTS 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. 1. BRIDGES N/A a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL e. Will proposed bridge replace an existing bridge? _ Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL Revised 03/95 ,...,..,......'."- t!\~R '2. 9 \996 (4) Will all, or a part of, the existing culvert be removed? (Explain) , g. Length of proposed bridge h. Width of proposed bridge i. Height of proposed bridge above wetlands , ., , ' j. Will the proposed bridge affect existing water'flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge' I. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain m, Will the proposed bridge cross wetlands contairii~g no navigable waters? Yes 'No ' If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, please provide record of their action. Form DCM-MP-S 2. CULVERTS a. Water body in which culvert is to be placed Bickett St. drainage swale b. Number of culverts proposed 1 c. Type of culvert (construction material, style) bitumanous coated corrogated metal pipe d. Will proposed culvert replace an existing bridge? Yes X No If yes, (1) Length of existing bridge N/ A (2) Width of existing bridge N/ A (3) Navigation clearance underneath existing bridge N / A (4) Will all, or a part of, the existing bridge be removed? (Explain) N / A e. Will proposed culvert replace an existing culvert? ~ Yes No If yes, (1) Length of existing culvert 55 (2) Width of existing culvert 48" (3) Height of the top of the existing culvert above the MHW or NWL +/- 3' (4) Will all, or a part of, the existing culvert be removed? (Explain) all removpn f. Length of proposed culvert 67' g. Width of proposed culvert 48" h. Height of the top of the pro~osed culvert above the MHW or NWL +/- 3 i. Will the proposed culvert affect existing water flow? Yes X No If yes, explain Revised 03/95 F~ ~~R '2. 9 \g96 j. Will the proposed culvert affect existing navigation potential? Yes X No If yes, explain .. 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? ~ Yes No If yes, (1) Length of area to be excavated 16' (2) Width of area to be excavated 4 I (3) Depth of area to be excavated 3 ' (4) Amount of material to be excavated in cubic yards 7 . 1 c. yds. b. Will the placement of the proposed bridge or culvert require any excavation within: _ Coastal Wetlands _ SA Vs -X. Other Wetlands If yes, 25' (1) Length of area to be excavated (2) Width of area to be excavated 4 ' (3) Amount of material to be excavated in cubic yards 1 c. yd. c. Will the placement of the proposed bridge or culvert require any highground excavation? ~ Yes No If yes, (1) Length of area to be excavated 51.5' (2) Width of area to be excavated 4 ' (3) Amount of material to be excavated in cubic yards 23 c. yds.. d. If the placement of the bridge or culvert involv,es any excavation, please complete the following: (I) Location of the spoil disposal area on existing soil road (2) Dimensions of spoil disposal area 25' x 40' (3) Do you claim title to the disposal area? ~ Yes No If no, attach a letter granting permission from the owner. Form DCM-MP-S (4) Will the disposal area be available for future maintenance? X Yes No (5) Does the disposal area include any coastal wetlands (marsh), SA Vs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. N/ A . (6) Does the disposal area include any area below the MHW or NWL? _ Yes ~ No If yes, give dimension if different from No, 2 above. N / A e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands ~ SA Vs -K. Other Wetlanus If yes, (1) Length of area to be filled (2) Width of area to be tilleu (3) Purpose of fill to stablize 140' +/- 15' shoulder g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? _ Yes ---X- No If yes, (1) Length of area to be tilled (2) Width of area to be filled (3) Purpose of till 4. GENERAL a. Will the proposed project involve any mitigation? Yes X No If yes, explain in detail Revised 03/95 MAR '2 9 \9Q~ b, Will the proposed project require the relocation of any existing utility lines? ~ Yes ~ No If yes, explain in detail water main relocatior: c. Will the proposed project require the construction of any temporary detour structures? X Yes No If yes, explain in detail Bay Drive unimprove section will be closed during constructic d. Will the proposed project require any work channels? Yes -L No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? fill material will be contained behind silt fence and grass tor stabllzatlon f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? backhoe road grader g. Will wetlands be crossed in transporting equipment to project site? _ Yes -L No If yes, explain steps that will be taken to lessen environmental impacts. N/ A h, Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes X No If yes, explain in detail Bay Drive AJl4t or J'roject Name . ~.....- II I. tI irrr.1 Signature 3/11/96 I>ate DEHNR Fax:9199753716 Jul 22 '96 14:17 P,07/18 )0 _ ~. .. To: John Dorney l'lanning :Br~ch l)IVISION or ENVIRoNMRNTAL MANAGEKRNT CAHA/coE PERMIT APPLICATION REVIEW WaRO PROJECT , F i 't? - 0 ~ WQ SUPKRVISOR: :REVIEWER: SAWYER DATE; ~~rh' WETLAND INFORKATION f:R ~ o:nICK TRJ.CVlll: -:~ PlRKIT YR: C) PERMIT RO.: COUNTY: v~ PROJECT NAKE:f~'-.:J ,t 1) tI ~n PROJllC't TYPE: ~~(s' PERMIT TYFE: ~E ~ ~ <;lL\, DCK OOT " DA'l'Il PROIl CTlA. ~;r, _~ REG OFFICE: WaRO J~'~ ~~IN ,: ?fJ.S t> .... STREAM OR ADJACENT WATER BODy:j(~ ~ ~S~R ~ S'l'IlRAK EX I, 30 -Ir WL IKPAcT:- Y., .I:PJt1L TYPE: WL REQ'U'HSTKD: 1?8'J,.,. WI. ACR ESt: IrnJli.O CNECT?; WI.. SCORB~ MITIGATION! MITlGATION 'l'YFE: KITIGATION SIZE:..-- .RA:\ING SlIKET A'lTACHKD1 REW'tMENDATION: ~ ISSUE/COHO DENY BOLD " STORMWATE..~ PLAN REQ'P: ? IF YES, DATE APPROV'J.ID: ~..", ~ 7;;;IPT~~D,k :rlo/rr.) ~::t~ p-,^~ WATICl QU~ <4pl) CERT. :REQ , D I y~ /J...., jJ IF YES, TYPE: I~ ~. SEWAGE DISPOSAL TY~E OF DISPOSAL PROPOSED:)tJ~ (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE FtRMITTED :BY; (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATKR/~ trn;ILL: WATER: I? ~I-I '"'- WETLAND: I ? W' 9 ~~ IS FIL~ ELIMINATING A SIGNIIIGAkr USE? ~ DREDGING _ ) AREA TO BE DREDGED; 'v Vv-/? IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? HA.RlNA. A.RE THE FOLLOWING ,ADEQUATELY ADDR1:SSED? ~ SEWAGE DISPOSAL: K~INA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISH~N~ WATERS: cc: Wa.ROi Central Files ~ I:X:M Field OfEces i roE Washington Office DEHNR Fax:9199753716 Jul 22 '96 14:17 P.08/18 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM To: Bill Hoore, Environmental Engineer Water Quality section, WaRO From: Deborah Sawyer, Environmental Tachnician Water Quality SQction, WaRD Date: subject: Request for stormwater Review of section 401 Applioations PROJECT NAME:-T-';;;~ r Ie vII PROJECT NUMBER~F/<} 7 - () 30 t.j /8";;' C . " / J vf Q DATE FINAL COMMENT:cJ~tJle~-I/plf0: 'Jr}~-' t!?/~., /' iPp/Y; C DATE RECEIVED: NOTE: See attached description of project COMMENTS: