20000981 Ver 1_COMPLETE FILE_20000801

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 26, 2000
DWQ # 000981
Dina Goodson
Riggings Homeowners Association
316 Valley Road
Fayetteville, NC 28305
Dear Ms. Goodson:
On March 3, 2000, your application for a 404 Permit and 401 Water Quality
Certification for a project in New Hanover County was forwarded to us by the U.S. Army
Corps of Engineers. As we wrote in our March 28, 2000 letter to you please remember
that you are required to submit your request for a 401 Water Quality Certification under
separate cover to the Division of Water Quality. Also please note that beginning January
1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all
applications. This fee amounts to $200 for projects with less than an acre of wetland
impact and less than 150 linear feet of impacted stream. For projects with an acre or
more wetland impact or 150 feet or more of impacted stream, a fee of $475 is required.
In order for DWQ to review and process your request, you must send a check for the
appropriate amount made payable to the N.C. Division of Water Quality. Also, seven
copies of all application materials sent to the Corps are required for our review.
Please call Rob Ridings or Cyndi Karoly at 919-733-1786 or visit our web site at
http://h2o.enr.state.nc.us/ticwetlands if you have any questions.

cc: Central Files
Jeff Richter, USACOE,
File Copy
Sincerely,
John R. Dorney
Wilmington Regulatory Field Office
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh. North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper

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DEPARTMENT OF THE ARMY
t, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200000828
Oda?e_ 7/Yap

00091
February 24, 2000
THE RIGGINGS HOMEO n283 SSOCIATION, c/o Ms. Dina Goodson, 316 Valley
Road, Fayetteville, North Carolinhas applied for a Department of the Army (DA)
permit TO CONSTRUCT A SANBE, IN FRONT OF THE RIGGINGS
CONDOMR4IUMS, ON THE ATLANTIC OCEAN BEACH FRONT, IN KURE BEACH;
NEW HANOVER County, North Carolina.
The following description of the *ork is taken from data provided by the applicant and
from observations made during a site vi$it by a representative of the Corps of Engineers. Plans
submitted with the application show the-proposed sand berm would be approximately 330 feet
long, 40 feet wide, and S to 6 feet high. The landward edge of tho berm would begin at the
oceanside face of the existing buildines.. The north and south ends of the berm would angle
landward and taper to existing grouna. `
The work would be accomplished by a "bobcat" type piece of equipment or a low-pressure
rubber tired backhoe. Sand would be pushed from the mean low water (MLW) line to a depth of
no greater than 12 inehee:"The zone between NILW and moan high water from which sand will
be pushed is approximately 40 to 60 feet wide.
The Riggings have received several "notices to proceed" pursuant to the DA emergency
beach bulldozing general permit. The latest one was issued on December 6, 1999. The general
permit expired on December 31, 1999, and has not been renewed. Beach work at the Riggings
was not conducted between December 6 and December 31, 1999, because local and state officials
determined a suitable amount of sand on the beach was not present.
The naturally occurring coquina rock outcrops on the beach have been designated a State
Natural Landmark. Sand naturally covers and uncovers these outcrops. Beach bulldozing in this
area must be conducted very carefully. Heavy equipment is not allowed to perform beach work
in this area due to possible damage to the rock. In addition, concern has been expressed about
artificially covering and/or artificially maintaining cover of the outcrops.
Sandbags presently are in place in front of the condominiums. According to North
Carolina Coastal Resources Coma: -_: --cements, the sandbags must be removed by May 1,
2000.
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The purpose of the work is to protect the condominium complex from erosive storm
events. Plans showing the work are included with this public notice.
Through coordination with the Nort4 Carolina Department of Environment and Natural
Resources' Division of Coastal Management in Wilmington, the proposed work meets the
definition of an emergency and has beep authorized by either State general permit or is
statutorily exempt from requiring State;pennit authorization.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403) and Section 404 ?f the Clean Water Act (33 U.S.C. 1344). Any person
may request, in writing within the comapent period specified in this notice, that a public hearing
be held to consider this application. Rdquests for public hearing shall state, with particularity,
the reasons for holding a public heaein$.
The District Enginoa has consultiod the latest published version of the National Register of
Historic Places for the presence or abselice of registered properties, or properties listed as being
eligible for inclusion therein, ar..! tl,;? +- - -t registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, u+nlmown archeological, scientific, prehistorical, or
historical data may be lost or destroyed,by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critip al habitat, designated as endangered or threatened
pursuant to the Endangered Species Ad of 1973. This determination is based on specific
conditioning of any issued permit to prohibit work between April 1 and November 15 of any year
(extreme erosive circumstances excepted) to protect Federally threatened and endangered
loggerhead and green sea turtles, piping plovers, and seabeach amaranth.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. A:... _- ,::at may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
2
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404(b)(1) guidelines. Subject to the prepeding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any gomments reccivcd will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments arc used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether the proposed
activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice ;:rmit serves as application to the NCDWQ for
certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to NCDWQ, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before March 20, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Jeff Richter, until 4:1S p.m., March 24, 2000, or telephone (910) 251-
4636.
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401 for the Riggings project
Subject: 401 for the Riggings project
Date: F6, 14 Jul 2000 14:59:06 -0400
From: Jeffrey.H.RichterC&saw02.usace.army.mil
To: [e-mail]
Hi Cyndi,
Let me start this off by saying I hope you have a great weekend!
I'm writing to ask about the status of the 401 for the Riggings
condominiums in Kure Beach, New Hanover County. Our number, if that helps, is
200000828.
The project involves construction of a protective sand berm on the beach.
We issued an emergency beach bulldozing GP in early Dec. 1999. There wasn't
sufficient sand on the beach so the local authorities wouldn't let them bulldoze
at any time up to Dec. 31, 1999, at which time the GP expired. The Riggings
submitted an individual permit application for which we are finally nearing a
decision. There is a mining exemption from NC Div. Land Resources for taking
sand from one of the Corps disposal sites in Snow's Cut (AIWW leg just north of
Carolina Beach, where the AIWW cuts over to the Cape Fear River) provided the
sand is used solely in front of the imminently threatened Riggings.
So...we are going to issue a permit to truck sand in and place on the beach
in the form of a dune. USFWS is opposed to our issuance of a permit based on
adverse impacts to sea turtles. It is our opinion that the project will not
affect endangered species because habitat in front of the Riggings is not
suitable for nesting, plus we've eliminated the bulldozing aspect of it, plus we
are going to include conditions from Wildlife Resources Commission that
routinely go on all emergency beach permits we've issued in the past and will
issue in the future. The bulldozing was exempt from requiring a CAMA permit due
to the imminently threatened nature of the Riggings. Just this AM, I asked Bob
Stroud for a ruling as to whether hauling sand in and creating a berm is still
exempt. I've been going about my business as if it is, cuz the end result is
the same, but the beach hasn't been bulldozed, so impacts are lessened. Have
not heard back from Bob yet.
Anyway, that's it in a nutshell (maybe a big brazil nutshell!) Just
wondering where y'all stand on it. I can send you a copy of the Public Notice
if you need.
Thanks and have a nice weekend. Jeff [phone].
101,1 7/17/00 10:40 AM
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200000828
PUBLIC NOTICE
u ? .
'NETLAE?I?S (;t?t1llJf?
^?ATEIt IIf,L[TY Sf f
February 24, 2000
THE RIGGINGS HOMEOWNERS ASSOCIATION, c/o Ms. Dina Goodson, 316 Valley
Road, Fayetteville, North Carolina, 28305, has applied for a Department of the Army (DA)
permit TO CONSTRUCT A SAND BERM IN FRONT OF THE RIGGINGS
CONDOMINIUMS, ON THE ATLANTIC OCEAN BEACH FRONT, IN KURE BEACH,
NEW HANOVER County, North Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed sand berm would be approximately 330 feet
long, 40 feet wide, and 5 to 6 feet high. The landward edge of the berm would begin at the
oceanside face of the existing buildings. The north and south ends of the berm would angle
landward and taper to existing ground.
The work would be accomplished by a "bobcat" type piece of equipment or a low-pressure
rubber tired backhoe. Sand would be pushed from the mean low water (MLW) line to a depth of
no greater than 12 inches. The zone between MLW and mean high water from which sand will
be pushed is approximately 40 to 60 feet wide.
The Riggings have received several "notices to proceed" pursuant to the DA emergency
beach bulldozing general permit. The latest one was issued on December 6, 1999. The general
permit expired on December 31, 1999, and has not been renewed. Beach work at the Riggings
was not conducted between December 6 and December 31, 1999, because local and state officials
determined a suitable amount of sand on the beach was not present.
The naturally occurring coquina rock outcrops on the beach have been designated a State
Natural Landmark. Sand naturally covers and uncovers these outcrops. Beach bulldozing in this
area must be conducted very carefully. Heavy equipment is not allowed to perform beach work
in this area due to possible damage to the rock. In addition, concern has been expressed about
artificially covering and/or artificially maintaining cover of the outcrops.
Sandbags presently are in place in front of the condominiums. According to North
Carolina Coastal Resources Commission requirements, the sandbags must be removed by May 1,
2000.
The purpose of the work is to protect the condominium complex from erosive storm
events. Plans showing the work are included with this public notice.
Through coordination with the North Carolina Department of Environment and Natural
Resources' Division of Coastal Management in Wilmington, the proposed work meets the
definition of an emergency and has been authorized by either State general permit or is
statutorily exempt from requiring State permit authorization.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person
may request, in writing within the comment period specified in this notice, that a public hearing
be held to consider this application. Requests for public hearing shall state, with particularity,
the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973. This determination is based on specific
conditioning of any issued permit to prohibit work between April 1 and November 15 of any year
(extreme erosive circumstances excepted) to protect Federally threatened and endangered
loggerhead and green sea turtles, piping plovers, and seabeach amaranth.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether the proposed
activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the DA permit serves as application to the NCDWQ for
certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to NCDWQ, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before March 20, 2000, Attention: Mr. John Domey.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Jeff Richter, until 4:15 p.m., March 24, 2000, or telephone (910) 251-
4636.
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