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HomeMy WebLinkAbout19961079 Ver 1_COMPLETE FILE_19961119DEHNR Fax:9199753716 Dec 15 '96 14:34 P.04/05 MENTORANDUM Division of Water Quality December 13, 1996 To : John -Parker DCM/Raleigh i • From; Jim Mulligan, :Regional Supervisor Subject: CAMA, Major Permit Application Review Comments Roanoke Properties, Ltd. - Breakwater Ballast Point Subdivision Dare County The above subject project has been reviewed by this office. There is no fill proposed by the applicant in waters or wetlands therefore there is no Section 401 required. Review of this project for a deter as nation of whether water quality standards will be violated has been made and a determination made that there should be no violation of the State water quality standards if the project is constructed as proposed. This office has no objections to the issuance of the CAMA Major Permit. If you have any questions or comments, please call this office at (919)946-64 81. Thank you. r_.c Deborah Sawyer John Dorney WaRO File Central File or, f' • DIVISION OF COASTAL MANAGEMENT ' FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Roanoke Properties, Limited 2. LOCATION OF PROJECT SITE: Us 64/264 north side Washington Baum Bridge, Dare County, adjacent Roanoke Sound and Shallowbag Bay. Photo Index - 1995: 183-1897 U-5 1989: 151-6 1-21 1984: 140-502 G-18 State Plane Coordinates - X: 2991100 Y: 803200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08-13-96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - September 23, 1996 191996 Office - Elizabeth City '? fWpT??N?c 6. SITE DESCRIPTION: ' 01 (A) Local Land Use Plan - Town of Manteo Land Classification From LUP - Developed, Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Town of Manteo Municipal Sewage Planned - None (F) Type of Structures: Existing - Roadway, Single-Family Dwellings Planned - 4,075 Linear Feet of Breakwater (G) Estimated Annual Rate of Erosion: 4 Feet Source - Aerial Photos 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlands N/A (C) Other N/A (D) Total Area Disturbed: N/A (E) Primary Nursery Area: no (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 4,075 linear feet of wooden breakwater approximately 20' waterward of mean high water along approximately 5,000' of shoreline of Roanoke Sound and approximately 700' of shoreline of Shallowbag Bay at Ballast Point Subdivision. r Roanoke Properties, Limited Bio Report Page Two Project Setting Roanoke Properties, Limited is developing Pirates Cove, a 609 acre planned unit development located off US 64/264 on the north side of the Washington Baum Bridge in Manteo, Dare County, adjacent Roanoke Sound and Shallowbag Bay. Existing development on this site consist of condominiums, single-family homes, a restaurant and marina. Construction of single-family homes has been initiated within Ballast Point, a 40 acre subdivision with 5,000 square foot to 20,000 square foot lots. This last parcel of undeveloped property is being developed in accordance with CAMA Major Permit #36-90 which was issued on March 2, 1990 and last renewed on May 10, 1995. The Ballast Point Subdivision is approximately 4,600 feet long, and 400 feet wide and is surrounded by Roanoke Sound on the east, Shallowbag Bay on the northwest, and by a 70' wide man-made canal on the south and west sides. Elevation of this tract ranges from 1' - 10' above mean sea level. Along most of the shoreline there is a 20' - 40' wide fringe of coastal wetlands vegetated with a mixture of black needlerush Juncus roemerians) and salt meadow grass S artina patens). Located landward of the coastal wetlands are wetlands vegetated with wax myrtle M rica cerifera and marsh elder Iva frutescens which have been delineated as section 404 wetlands by the U.S. Army Corps of Engineers. The shoreline along Roanoke Sound and Shallowbag Bay is eroding approximately 4' per year as a result of storm events and the wake from boats using the 80' wide navigational channel lying about 200' east of the property. Project Description The applicant proposes to construct 26 segments of breakwater with a total length of 4,075' designed to protect the shoreline along Roanoke Sound and Shallowbag Bay. The distance waterward will average 20'. Breakwater height is proposed at 1' above mean high water with half-inch gaps provided every six inches. The breakwater segments will overlap but a 5' wide space is proposed between segments with a maximum length of 200'. The breakwater is proposed within waters 1.5' - 2' deep. No backfilling of the breakwater within wetlands, estuarine waters, or public trust areas is proposed. Anticipated Impacts The installation of 4,075' of breakwater will cause some localized turbidity. The breakwater will affect flushing and will tend to restrict the movement of marine life within the vicinity of the breakwater. The breakwaters will act to stabilize the rapidly eroding shoreline and the fringe of coastal wetlands located thereon. Roanoke Properties, Limited Bio Report Page Three CAMA Review No archeological/historical signifcance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Land Use Plan Consistency Review will be submitted by John Thayer under separate cover. Submitted by: M. Edward Harrell Date: October 30, 1996 Form DCM-MP-1 AUG .1 9 19,16 APPLICATION (To be completed by all applicants) r 1. APPLICANT a. Landowner: Name Roanoke Properties Ltd. Partnership Address City Manteo State NC Zip 27954 Day Phone (919)473-6800 Fax (919)473-6412 b. Authorized Agent: Name Sama ac:z nb -snA Address City _ Zip _ Fax PO Box 1879 Day Phone State c. Project name (if any) Pirate's Cove NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Bare b. City, town, community or landmark Manteo c. Street address or secondary road number Highway 264/64, Manteo Causeway d. Is proposed work within city limits or planning jurisdiction? XX Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Roanoke sound 3. DESCRIP'T'ION 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. Construction of breakwater walls for erosion and wetland protection. b. Is the proposed activity maintenance of an existing project, new work, or both? new work c. Will the project be for public, private or commercial use? private 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. The_i?urpose of breakwater walls is to prevent shoreline erosion and enhance wetlands/ salt marsh growth. The timber walls will be constructed using combination jetting riving with pneumatic hammer. Work will be done primarily from shallow draft barge., Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. central municipal sewer with Town of Manteo a. Size of entire tract hng acres b. Size of individual lot(s) 5000 to 20000 ± Approximate elevation of tract above MHW or NWL EL 6 to 10 ft. d. Soil type(s) and texture(s) of tract 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.) only surface runoff o. Describe existing drinking water supply source. Dare County via Town of Manteo e. Vegetation on tract grasses, cmal i .rpes & shrubbery; various weeds & arasses in wetlands f. Man-made features now on tract Rr,arls . n,f-; i i t J es Residential construction 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional XX Developed Community Rural Other h. How is the tract zoned by local government? Residential & Commercial i. Is the proposed project consistent with the applicable zoning? xx_ Yes No (,atach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes XX No If yes, by whom7 k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes XX No 1. Are there wetlands on the site? XX Yes No Coastal (marsh) X-X Other If yes, has a delineation been conducted? yes (attach documentation, if available) 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 tide, 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 Revised 03/95 Form DCM-MP-1 c AUG 1 9 1996 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. 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. Name SEE ATTACHED Address Phone Name S ATTACHED - Address Phone Name SEE ATTACHED - Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects 'in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 141,11 day of k4o Print Name Roano ro erties Ltd. hip Signature r Landow wr or Authorised rnt Please indicate attachments pertaining to your proposed project. 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 and date each attachment in the space provided at the bottom of each form. Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys -? SLn f1 J C. Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial -Community _ Private (6) Platform(s) Yes No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed g. Other (Give complete description) (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width Applicant or Project Name c. Groin (e.g. wood, sheetpile, etc.) Signature (1) Number (2) Length(s) Date d. Breakwater (e.g. wood, sheetp&e, etc.) (1) Length 42 2C2 (2) Average distance m 41-IW, NWL or wetlands _O G (3) Maximum dist a beyond MHW, NWL or wetlands V,1-71V Pi-9 /- r/?'??CS Revised 03/95 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 1996 IN REPLY REFER TO November 18, 1996 Regulatory Branch Action ID No. 199703397 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Please reference the application of Roanoke Properties, LTD, for Department of the Army (DA) authorization and a State Water Quality Certification to construct 4,075 linear feet of wooden breakwater, on property located off US Highway 64/264, in the Pirates Cove development, adjacent the Roanoke Sound and Shallowbag Bay, in Manteo, 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 is 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 12, 1997, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field office, telephone (919) 975-1616, extension 23. Sincerely, g °`" • U Rale?land P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): 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