HomeMy WebLinkAbout19880346 Ver 1_COMPLETE FILE_19880101
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
February 19, 1988
Ms. Linda Fluegel, Town Administrator
Town of Sunset Beach
220 Shoreline Drive, West
Sunset Beach, NC 28459
Subject: Certification Pursuant to Section.
401 of the Federal Clean Water Act,
Proposed Beach Disposal of Sand
Town of Sunset Beach
Atlantic Ocean
Brunswick County
Dear Ms. Fluegel:
Attached hereto are two (2) copies of Certification No. 2206
issued to Town of Sunset Beach dated February 19, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
t •.. i
NORTH CAROLINA
Brunswick 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 Town of Sunset Beach
pursuant to an application filed on the 22nd day of December, 1987 to
place sand from dredging operation onto beach strand.
The Application provides adequate assurance that the discharge of
fill material into the waters of Atlantic Ocean in conjunction with the
proposed beach nourishment in Brunswick 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).
2. That the material to be placed on the beach strand
consist primarily of sand.
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 19th day of February, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
prig?mal SLned BY
William C. Wiiills
For R. Paul Wilms, Director
WQC# 2206
4(__ 11
+.? STNE a
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
February 19, 1988
Ms. Linda Fluegel, Town Administrator
Town of Sunset Beach
220 Shoreline Drive, West
Sunset Beach, NC 28459
Subject: Certification Pursuant to Section.
401 of the Federal Clean Water Act,
Proposed Beach Disposal of Sand
Town of Sunset Beach
Atlantic Ocean
Brunswick County
Dear Ms. Fluegel:
Attached hereto are two (2) copies of Certification No. 2206
issued to Town of Sunset Beach dated February 19, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
l=ii;:4YYi C. mills
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
0
NORTH CAROLINA
Brunswick County
a
J
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 Town of Sunset Beach
pursuant to an application filed on the 22nd day of December, 1987 to
place sand from dredging operation onto beach strand.
The Application provides adequate assurance that the discharge of
fill material into the waters of Atlantic Ocean in conjunction with the
proposed beach nourishment in Brunswick 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).
2. That the material to be placed on the beach strand
consist primarily of sand.
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 19th day of February, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original SiEned Ely
William C. Dills
For R. Paul Wilms, Director
WQC# 2206
C 9
APPLICATION
1 J FOR
PERMIT TO EXCAVATE AND/OR FILL [WATER QUALITY CERTIFICATIO
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development orp?of ?pgi e V*Wn lUn District
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 R 3(v?R1?.ip.9. 21i2
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/h AI-IE^btaJZ 1987
.
WATER QUALITY SECTION
1. Applicant Information TOWN OF SUNSET BEACH OPERATIONS BRANCH
A. Name Flueael Linda J.
Last First Middle
B. Address 220 Shoreline nr. West
Sunset Beach, Street, P. O. Box or Route
N. C. 28459 (919)579-6297
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Brunswick
B. 1. City, town, community or landmark, TOWN OF SUNSET BEACH
2. Is proposed work within city limits? Yes _X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to projectBetween Intra-
Coastal Waterway and Tubbs Inlet at Sunset Beach, N. C.
111. Description of Project
A. 1. Maintenance of existing project X 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth see attached plan
2. Boat basin length width depth
3. Fill area length width depth
4. Other length width depth
C. 1. Bulkhead length Average distanceterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
2 Type of material rSand, silt and clay
1. Cubic yards 70,0061
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 50,000 2- Type of material 90 o sand l0 o silt & clay
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location two approved disposal areas and the beach strand
2. Do you claim title to disposal area? no
D. Fill material source if fill is to be trucked in pr,%nel
E. How will excavated material be entrapped and erosion controlled? silt and clay will be held by a
dyke. The sand will be distributed on the beach strand.
F. Type of equipment to be used 8" dredge
G. Will marshland be crossed in transporting equipment to project site? If yes, explain no
D& F-B 1
Rev. 10/78
f
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial - -
3. Housing Development or Industrial
4. Other hpac-h frnnt niirichMent and Mai Pkenance `iraidq,nn
1. Lot size(s)
2. Elevation of lot(s) above mean high wa
.VJ
3. Soil type and texture /I
4. Type of building facilities or structures
A
5. Sewage disposal and/or waste water treatment A. Existing
Planned
B. Describe
6.ILa ' ' e DEVELOPED TRANSITIONAL COMMUNITY RURAL
tentative CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining o i I an ater Quality: X
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes__X_ No
2. Type of discharge return T -L-1 -4-4 i.. !l.-. `. r
3. Location of discharge
VII. Present rate of shoreline erosion (if known): n0nQ
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: 21 1 -
4 months
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the h State application only) or other instrument under which applicant
P/k claims title to the affected property. ?' is not claiming to be the owner of said property,
then forward a copy of t or other instrumen i which the owner claims title plus written
permission fr a owner to carry out the project on his la
Attach an accurate work plat drawn to scale on 814 Y 1-W4e paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the appli?t' lat adjacent riparian landowners by registered or
r'? t? mantel date served
IM certified mail cation t .S. 11?-))? -_?_ r._ ___?- ---•••
D. List names and co a addresses of the riparian owners with property adjoining applicant's.
N/A Such owners have 30 days in to sub ' omments to agencies listed below.
-
XI. Certification requirement: 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.
XI I. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 12-21-87
Applicant's Signature
..1- o?r?r ran 1 ? u Ikl!• IInICTD 1 ld-rinAIC
Permit Class
Permit Number
New STATE OF NORTH CAROLINA 211-85
Department of Natural Ri?c?-"'`4xommunity Development
Coa' ?R so` rce'sa s ion
---------- ------
n ? i
a Maio il evelo rl rttjin? onmental
F-71 Excavation r&U
to NCGS 113-229
Issued to Town of Sunset Beach 220 Shoreline Drive Sunset Beach NC 28459
authorizing development in Brunswick County at Tubbs Inlet and Ji nks Creek (man-
made creek off of) as requested in the permittee's application dated 6/3/85 including
attached plats, 3, location, plan view and cross sections dated received 8/28/85.
This permit, issued on f a- t ( ? , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and finfish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Division of Coastal Management.
(2) The excavation cut extending from the junction of Canal A with the western
end of the entrance channel cannot exceed a width greater than 30' for
250' in both directions (south, into Canal A, and east into the entrance
canal) in order to avoid excessive damage to the cordgrass wetland.
(3) Dredging will not be accomplished closer than 5 feet to any emergent wetland
vegetation with the exception of that area identified by condition #2.
This will prevent undermining and loss of vegetation as a result of increased
boat traffic in the canals.
(4) Excavation will not exceed 6 feet below the mean low water (MLW) elevation
in the finger canals A-D.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1988 In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Sunset Beach
ADDITIONAL CONDITIONS
Permit #211-85
Page 2
(5) No excavated or fill material will be placed at any time in any marsh
-or--surrounding -waters -nut-side -of '-the..a ignment of =the fill ar:e-a. in;d-icat.e-d -`
on the plat.
(6) All excavated materials will be confined above the mean high water and S
landward of regularly or irregularly flooded marsh behind adequate dikes
or other retaining structures to prevent spillover of solids into any S
marsh or surrounding waters. t
(7) The diked disposal area will be constructed a sufficient distance from
the mean high water level of any marsh to eliminate the possibility of
dike erosion into or upon any marsh and/or surrounding waters.
(8) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or below the mean low water level to prevent gully
erosion and unnecessary siltation.
(9) The terminal end of the pipeline will be positioned at or greater than
fifty (50) feet from any part of the dike and a maximum distance from
spillways to allow settlement of suspended solids.
(10) A water control structure will be installed at the intake end of the
effluent pipe to assure compliance with water quality standards.
(11) The dike material will be provided a ground cover sufficient to restrain
erosion within thirty (30) days of project completion.
(12) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge.
NOTE: The permittee and/or his contractor is urged to meet with representatives
from the local field office of DCM to discuss the permit conditions.
Their number is (919) 256-4161.
NOTE: The bottom. depths of the finger canal _system should be sloped towards
the entrance channel and it in turn should be sloped towards Jinks Creek
to improve water circulation. It is recommended that the southern halves
of the four canals be dredged to -5' (MLW) >depth while the northern
halves be dredged to the -6' (MLW) depth. The entrance channel should
slope from -6' to -7' (MLW) depth.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, 1978, for discharges of liquid effluent
from diked upland disposal areas.
NOTE: An erosion and sedimentation control plan will be required for this
project.
NOTE The Brunswick County mosquito control officials should be advised of
the planned work. Also, there is a high probability of a mosquito problem
in old spoil site #1. Close proximity of people will make this problem
more noticeable. The permittee should contact the Vector Control Branch,
at (919) 733-6407 regarding appropriate mosquito control measures.
APPLICATION r
FOR
PERMII IO LXCAVAIL AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
)epanment of Administration State of North Carolina Department of the Army
GS 11612) Department of Natural Resources and Community Development Corps of Engineers, Wilmiryton District
(65 113.229, 143.21S.3(a)(1), 143.215.3(c), 113A•119 13 209.320-3291
Please type of print and fill in all blanks. If information is not applicable, so indicate by pladal N/A in blank.
Applicant Information '
A. Name Town of Sunset Beach
Midt8459
220 ShorelineLlive S> 6t Beacha N. C.
B. Address
Street, P. O. Box or Route
Sunset Beach N. C. 28459 579-6297
City of Town State Zip Code Phone
11. Location of Proposed Project:
A. Brunswick --
8.
Sunset Beach
2. Is proposed work within city limits? Yes x No Tubbs Inlet and
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Jinks Creek
1. City, town, community or landmark
111. Description of Project
A. I. Maintenance of existing project -Dredge canals 2. New work
8. Purpose of excavation or fill
3600 feet 40 feet : 6 feet
l length width depth
1. Access channe r n }
2. Boat basin lengthT.._width de th
3. F ill area length width depth
Canals ArBaCaD 3600 fe?etn
th O ee N,idtheetdepth
?y
g
4. Uther
C. 1. Bulkhead length_ Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project) Beach sand
1. Cubic yards 64000 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment: Existing Canals
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes _...._.r No -----cent to wQtlands
8. Does the disposal area include any marshland, swamps or other wetland? Yes__ No._..._
C. Disposal Area Sunset Beach-East End (See attached map)
1. Location , eve open-
2. Do you claim title to disposal area. •
U. Fill material source it fill is to be tiui ked in
Dike around
spoil area to elevation of
E. Ituw Will CXCavalcd material be entrapped end erosion controlled?
illway pipe to prevent was ac
a s
id o spot. materials u a ow water
p
e
six feet and prov
f re g
1 ypc tit equipment to be used
No
G. Will marshlA110 be crossed in transporting equipment to project site? If yes, explain
f ill
v. 1 U/ 78
V. Intended Use of Project Area (Describe)
A. 1. Private-_ Owners will be able to bring their boats to their residences
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) Majority of lots are 50 feet by 90 feet.
2. Elevation of lot(s) above mean high water Average elevation is 5 feet above mean high water
3. Soil type and texture
4. Type of building facilities or structures Single family residences
5. Sewage disposal and/or waste water treatment A. Existing Septic Tanlc lanned
B. Describe
6. land Classification'(circle one) DEVELOPE TRANCITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following. project completion? Yes X No
2. Type of discharge water that has settled out in the diked spoil area
3. Location of discharge discharge to be directed toward the disturbed area
VII. Present rate of shoreline erosion (if known): 2 feet per year
VI 11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable. Original permit dated 1972
IX. Length of time required to complete project: Six months ?p+
e1or}i..?lL'
X. In addition to the completed application form, the following items must be provided: ¢p?"; t?wSir 7 s ?'; j?+?
A. Attach a copy of the deed (with State application only) or other instrument under whicplicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8'/x X 11" white paper (see instruction booklet or
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or.
-Sue -
certified mail or by publication (G.S. 113-229 (d))Enter date served list of owners
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Attached
XI. Certification requirement: 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.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all icipated devel-
opment activities, including construction, excavation, filli and land earing..
r
' of un
June 3,1985 ,.,,,Town Manager
DATE
Applicant's Signature
D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
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Town of Sunset Beach
Application to Dredge Canals A.B.CV&D
a.--S-illwaySpoil Area
Dike Detail
Water flow to dredged area
j /
Y-t
.,A f yf3
M H W f 3.5 feet
.? Existing bottom __?_----
MLW'
771
Proposed channel bottom -6 feet MLW
J .?
Cross Section of channel
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 7, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC085-N-010-0306
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
RECEIVED
f?JV 1 1985
WATER QUALM SECTION
OPERATIONIS RANCH
Reference the application of the Town of Sunset Beach for a
Department of the Army permit to maintain canals off the Atlantic
Intracoastal Waterway (AIWW) near Tubbs Inlet and Jinks Creek at
Sunset Beach, Brunswick 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. In order to protect biological species, no excavation
will be permitted between the dates of April 1 and September 30 of
any year without the prior approval of the North Carolina Division
of Coastal Management.
b. No Spartina alterniflora wetlands will be excavated.
c. Dredging will not be accomplished closer than 5 feet to
any emergent wetland vegetation. This will prevent undermining
and loss of vegetation as a result of increased boat traffic in
the canals.
d. All excavated materials will be confined landward of the
mean high water (MHW) elevation contour within adequate dikes or
other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
/ • `y
-2-
e. The terminal end of the pipeline from the dredge into the
diked retention area will be positioned at or greater than 50 feet
from any part of the dike and at a maximum distance from spillways
to prevent dike erosion and to allow adequate settlement of
suspended solids.
f:. A water control structure will be installed at the intake
end of the effluent pipe leading from the retention area in order
to ensure maximum settlement of suspended solids.
g. Flow from the diked retention area will be confined by
pipe, trough, or similar device to a point at or below the mean
low water (MLW) elevation contour to prevent gully erosion and
resultant unnecessary siltation.
h. Excavation will not exceed 6 feet below the mean low
water (MLW) elevation.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone (919) 343-4467.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Of t r' i
-3-
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management •
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Rob Moul
Wilmington Regional Office.
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
August 1, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO85-N-010-0306
Town of Sunset Beach
220 Shoreline Drive.
Sunset Beach, North Carolina 28459
Gentlemen:
R?C'
/
AUG 0 6
Ff?:?'116"\' ` rq ct,
IVCI f
On January 27, 1981, we issued general permit No. SAWCO80-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received July 22, 1985, for a
Department of the Army permit to maintain canals off the Atlantic
Intracoastal Waterway (AIWW) near Tubbs Inlet and Jinks Creek at
Sunset Beach, Brunswick County, North Carolina, indicates it to be
a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application
will be accomplished by the North Carolina Division of Coastal
Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be.withdrawn from this general
permit process for any reason, you will be written and informed of
its further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC085-N-010-0306 and will be
coordinated by Mr. Ernest Jahnke, telephone (919) 343-4467. He is
available to address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
i? - -2-
Copies Furnished;
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Post Office Box 570
Beaufort, North Carolina 28516
Mr. Lee Pelej
Environmental Review Section
Environmental Assessment Branch
U. S. Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, Georgia 30365
Mr. Rob Mou1
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
paw
1
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
October 9, 1985
Mr. Jo therland, Chie.
Watq,x Plann'ng Sectio
D" ision of at esources
sleigh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
Town of,Sunset Beach
Applicant's Name
Sunset Beach Brunswick
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and fora CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than October 30, 1985
Sincerely,
-::;;doh R. Parker, Jr., thief.
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Foual Onnortunity Affirmative Action Fmnlnver
IN REPLY HEFtH IU
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 19, 1985
SUBJECT: File No. SAWC085-N-010-0306
Town of Sunset Beach
220 Shoreline Drive
Sunset Beach, North Carolina 28459
Gentlemen:
Reference your application for a Department of the Army permit
to maintain canals off the Atlantic Intracoastal Waterway (AIWW)
near Tubbs Inlet and Jinks Creek, Sunset Beach, Brunswick County,
North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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 N. C.
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. Ernest Jahnke,
telephone (919) 343-4467.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (with enclosure):
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
?( North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
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WILMINGTON REGIONAL OFFICE
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Town of Sunset.Beach
Application to Dredge Canals A,B,C.&D
:Spoil Area 6
INN
Dike Detail
\ .CExisting bottom
-77
M H W f 3.5 feet
/ M L W• --
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Proposed channel bottom -6 feet MLW
LEI
Cross Section of channel
MAY 31 1985
OFFICE OF COASTAL MANAGEMENT
'WILMINGTON REGIONAL OFFICE
d ao •?
s .. 4
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
+,This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
_ That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU'.s as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
X _ The proposed project is certified
under Gen eral Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
G}
-?w...- No. 1273 issued on November 10, F) No. 1665 issued on September 19,
? 1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas. " a
WATER QUALITY SE;
DIVISION OF ENVIRONMH AL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from fNi
( P5
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A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
_ That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as:a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
A The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
&G):;)--- No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY S N
DIVISION OF ENVIRONM TAL MANAGEMENT
.a a f-
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 11, 1985
R C E" V E D
MEMORANDUM
C T 15 1985
To: Bill Mills
Operations Branch ER Q+JAUTV SECTION
From: Michael F. Williams, Environmental Technician IV
Wilmington Regional Office
Thru: A. Preston Howard, Jr., Regional Engineer
Wilmington Regional Office
Subject: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Town of Sunset Beach
Brunswick County
The applicant proposes to maintenance excavate by hydraulic dredge
approximately 6 acres of canal bottom within an existing finger canal
network at Sunset Beach, generating approximately 64,000 c.y. of spoil
material. The liquid effluent to be discharged to Tubbs Inlet Lagoon,
classified SA.
The project has been reviewed to determine impacts to water quality.
The following comments are provided:
1. The project will require 401 certification, but should meet
the conditions for a General 401 certification for liquid
effluent from a diked disposal area.
2. The project as proposed is not expected to worsen existing
water quality conditions other than temporarily, during dredging
cycles. Water Quality standards should be adequately protected.
MFW/sf
cc: Division of Coastal Management - Rob Moul
Wilmington Regional Office
Central Files
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Town of Sunset Beach
2. Location of project site 4 finger canals and entrance channel off of Jinks Creek,
Sunset Beach, Brunswick County,
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 6/4/85 9/27/85
(B) Was applicant present Yes No
Photo 7-60; Grids C-G; 10-21.
5. Processing procedure: Application received 9/4/85 Office DCM-Wilmington
6. Site description: (A) Local Land Use Plan Sunset Beach
Land classification from LUP Transitional /Conservation
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands X Public trust waters X
Estuarine waters X Other _
(C) Water dependent: Yes X No Other
(D) Intended use: Public X Private X Commercial
(E) Type of waste water treatment: Existing N/A (Septic Tanks)
Planned N/A (Septic Tanks)
(F) Type of structures: Existing Single-family residences.
Planned Single-family residences
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description: AREA
(A) vegetated wetlands: Dredged Filled Other
Spartina alterniflora 11,200 s.f. maintenance excavation
Spartina patens )
Borrichia frutescens ) 7.52 acres (Old Spoil Site #1)
Iva Imbricata )
1jydrocotX1 s
(B) t? wetlands:
Entrance Channel Bottom 2.94 acres
4 Finger Canals Bottom 2.97 acres
(C) Other:
Upland Spoil Site #2 5.05 acres
(D) Total area disturbed: 6.16 acres below MHW; 12.57 acres upland
8. Project summary The Town of Sunset Beach desires to perform maintenance excavation of
the existing four finger canals and the long entrance channel off of Jinks Creek and
pump the spoil by hydraulic dredge to two adjacent spoil areas along Cobia, North Shore,
and Riverside Drive.
If ,
TOWN OF SUNSET BEACH
PAGE 2
9(a) SITE DESCRIPTION:
The project site consists of four finger canals and an entrance channel which was
dug in the early 1970s out of the back side of Tubbs Inlet and connects to Jinks
Creek in Sunset Beach. The original design dimensions measured 80' in width for
the four finger canals by 820' in length; and the entrance channel measured
3,600' in length by 100' in width. Since maintenance excavation has not occurred
in over ten years the coarse sand off of the adjacent unconsolidated banks have
gradually filled in the canals and channel. At places extensive (approximately
1.2 acres) cordgrass marsh has volunteered along both banks and helped stabilize
the slopes along with sea lavender (Limonium carolinium) and saltmarsh hay grass
(Spartina patens). Only in Canal A and at it's junction with the western end of
the entrance channel has the cordgrass significantly restricted the navigability
of the canal system allowing for about 10' of width. Many portions of the finger
canal system go nearby dry at low water and the entrance channel only averages
about -2' MLW depth. A lot of shoaling has occurred at the Jinks Creek entrance
as well. The canal system is classified as a secondary nursery area and the
waters are SA.
Two (2) relict spoil sites exist on the application. Spoil site #1 (which
measures 780' x 420') is located.next to Tubbs Inlet lagoon and is bounded by
Cobia Street and North Shore Drive. It has a heavy canopy of myrtle and eastern
bacharras (groundsel) shrubs with an understory of mixed wetland type species
comprised principally of saltmarsh hay, Sea ox-eye, Iva, Perry Wort and scattered
patches spike grass. Poison ivy and similax vines also grow extensively on the
site. Spoil site #2 appears to be a remnant dragline spoil area with no berms
present. It is long (about 1,100') and narrow (200') and is comprised of mainly
upland grasses. It also slopes towards the extensive saltmarsh to the north.
Approximately 140 single-family lots were platted along the entrance channel on
both sides and 128 lots surround the four canals. Approximately 70 cottages have
been constructed on the 95' by 50' lots.
9(b) PROJECT DESCRIPTION:
The applicants propose to perform maintenance excavation by hydraulic dredge
which will establish a navigable dredge cut measuring 40' in width by -6' (MLW)
in depth. The proposed length of the entrance channel will be 3,440 linear feet
and the combined total length of the four finger canals will measure 3,280 linear
feet. The 64,000 cubic yards of coarse sand dredge spoil will be pumped to two
diked spoil areas where the clarified effluent will run either into the lagoon or
into the dredge cut. Six foot high dikes are proposed on the adjacent 12.57
acred "upland" areas. The purpose of the work is to afford improved navigation
of the canal system.
r ,
TOWN OF SUNSET BEACH
PAGE 3
10. ANTICIPATED IMPACTS:
The project as proposed will cause the maintenance excavation of approximately
11,200 s.f. of volunteer cordgrass wetland and 5.91 acres of relatively
unproductive coarse sand canal and channel bottom. Also approximately 7.52
acres of high marsh wetland would be spoiled upon within an old undiked spoil
area. The excavation work could also cause the undermining of a significant
amount of additional cordgrass fringe. Since the finish bottom depths will
remain the same for the proposed work the flushing efficiently could be
enhanced by alternative designs. Turbidity impacts will be minimal considering
the coarseness of the bottom strata. The excavation activity should be timed
to avoid those times of the year when biological activities are greatest.
Construction of a reliable diked disposal area will also be an important part
of this project. As a foreseen secondary impact the maintenance activity may
also encourage more construction and result in more boat traffic and runoff
into Jinks Creek.
SUBMITTED BY: Rob Moul OFFICE: DCM-Wilmington DATE: September 30, 1985
.' mrpn*
fUK?
L
PERMIT 10 L XCAVAI L AND/OR f ILL WATE(t QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT
partment of Adminhuatlon State of North Carolina Department of the Army
S 14612) Department of Natural Resources and Community Development Corps or Engineers. Wllmbyton District
(65 113.229, 143.215.3(a)(1), 143-215.3(c), It 3A-11• 133CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by pla ris N/A in blank.
Applicant Information
A. Name Town of Sunset Beach
. d!%459
220 Shoreline ive St 6t Beach, N. C Mid
B. Address
Street, P. O. Box or Route
Sunset Beach N. C. 28459 579-6297
City or Town State
Location of Proposed Project:
A. County Brunswick
S t Beach
Zip Code Phone
unse
B. L City, town, community or landmark
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Tubbs Inlet and
Jinks Creek
Ill. Description of Project
A. 1. Maintenance of existing project Dredge Canals 2. New work i .--1"
B. Purpose of excavation or fill AI 1l; 2g 19$5
1. Access channel 3600 feet length 40 feet vidth 6 feetdepth
2. Boat basin length_._.- _width depth OFFICE OF COASTAL MANAULMS!
3. F ill area length width depth v
4. Uche,Canals AaBPCPD 3600 fegcngth-width tdepth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 64000 2. Type of material Beach sand
E. fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes - No Existing Canals
B. Does (tie disposal area include any marshland, swamps or other wetland? Yes No x Adjacent to wetlands
C. Disposal Area Sunset Beach-East End (See attached map)
1. Location
2. Do you claim title to disposal area! Developer-Sunset
0. Fill material source it fill is to be trucked in
E. Ifuw will cxt.ivated mucrial be entrapped and erosion controlled? Dike around spoil area to elevation of
six feet and provide a spillway pipe to prevent was ac o spot materials u a =ow wate:
f 1 ypc of equipment to be used r g
G. Will marshland) be trussed in transporting equipment to project site? If yes, explain No
11
0/78
V, f Intended Use of Project Area (Describe)
A. 1. Private Owners will be able to bring their boats to their residences
2. Commercial '
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) Majority of lots are 50 feet by 90 feet.
2. Elevation of lot(s) above mean high water Average elevation is 5 feet above mean high water
3. Soil type and texture
4. Type of building facilities or structures Single family residences
5. Sewage disposal and/or waste water treatment A. Existing Septic Tank-Tlanned
B. Describe
6. 'Land Classification (circle one) DE1
CONSERVATIO
VI. Pertaining to Fill and Water Quality:
p7 TRANSITIONAL COMMUNITY RURAL
OTHER (See CAMA Local Land Use Plan Synopsis)
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following.project completion? Yes X No
2. Type of discharge water that has settled out in the diked spoil area
3. Location of discharge discharge to be directed toward the disturbed area
VII. Present rate of shoreline erosion (if known): 2 feet per year
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: 'Original permit dated 1972
IX, Length of time required to complete project: _ Six months
X. In addition to the completed application form the following X
ng items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under whi plicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said propVrftq,2s 1985
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 on his land. OFFICE OF COASTAL MANAGEMENT
B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction b ok etNfoON REGIONAL OFFICE
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or ?y
certified mail or by publication (G.S. 113-229 (d))Enter date served See list of owners SQ , . Hy 5
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Attached
XI. Certification requirement: 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.
XI1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all icipated devel-
opment activities, including construction, excavation, fill' and land earing. .
r
of un
June 3,1985 /i
ATE GG L .t.,,.1'own manager
_ Applicant's Signature
°&F_82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
e
Town of Sunset Beach
Application to Dredge Canals A,B,,Ci-&D
4 M. 1. 0- 1
L L • 4 -SpEllway Pipe
Spoil Area
Dike Detail
Water flow to dredged area
1985
OFFICE OF COASTAL MANAGEMENT
WILMINGTON REGIONAL OFFICE
M H W 4 3.5 feet
` Existing bottom
,W--- --_. -1-0 - - . ->?
Proposed channel bottom -6 feet MLW
f,
Cross Section of channel
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OFFICE OF COASTAL MANAGEMENT
WILMINGTON REGIONAL OFFICE
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New STATE OF NORTH CAROLINA
Department of Natural Reso-d'?&?--atid._Community Development
Coastal. Resdrce; ?C 'rt>`'rmission
51
Va Major Development to an'?uea 1VE4*onmental
Concern''puUuanA-td.a C-'d, - 18
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X Excavation an= d?utg•p'lirsuarit to NCGS 113 ?29
Permit Number
X85
Issued to Town of Sunset Beach 220 Shoreline Drive Sunset Beach NC 28459
authorizing development in
made creek off of)
Brunswick
County at Tubbs Inlet and Minks Creek (man-
as requested in the permittee's application dated 613185 i nc1 udi nq
attached plats, 3, location, plan view and cross sections dated received 8/28/85.
This permit, issued on t `I I ( ` ()" is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
nPrmittPe to a fine- imorisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and finfish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Division of Coastal Management.
(2) The excavation cut extending from the junction of Canal A with the western
end of the entrance channel cannot exceed a width greater than 30' for
250' in both directions (south, into Canal A, and east into the entrance
canal) in order to avoid excessive damage to the cordgrass wetland.
(3) Dredging will not be accomplished closer than 5 feet to any emergent wetland
vegetation with the exception of that area identified by condition #2.
This will prevent undermining and loss of vegetation as a result of increased
boat traffic in the canals.
(4) Excavation will not exceed 6 feet below the mean low water (MLW) elevation
in the finger canals A-D.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
_ December 31, 1988
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Sunset Beach Permit #211-85
Page 2
ADDITIONAL CONDITIONS
(5) No excavated or fill material will be placed at any time in any marsh 3
or -surroundi-ng %waters outside, of ••the•a-l?ignment •of. the• fill- area, -indicated...._
on the plat.
(6) All excavated materials will be confined above the mean high water and
landward of regularly or irregularly flooded marsh behind adequate dikes
or other retaining structures. to prevent spillover of solids into any
marsh or surrounding waters.
(7) The diked disposal area will be constructed a sufficient distance. from-
the mean high water level of any marsh to eliminate the possibility of
dike erosion into or upon any marsh and/or surrounding waters.
(8) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or below the mean low water level to prevent gully
erosion and unnecessary siltation.
(9) The terminal end of the pipeline will be positioned at or greater than
fifty (50) feet from any part of the dike and a maximum distance from
spillways to allow settlement of suspended solids.
(10) A water control structure will be installed at the intake end of the
effluent pipe to assure compliance with water quality standards.
(11) The dike material will be provided a ground cover sufficient to restrain
erosion within thirty (30) days of project completion.
(12) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge.
NOTE: The permittee and/or his contractor is urged to meet with representatives
from the local field office of DCM to discuss the permit conditions.
Their number is (919) 256-4161.
NOTE: The bottom.depths of the finger canal system should be sloped towards
the entrance channel and it in turn should be sloped towards Jinks Creek
to improve water circulation. It is recommended that the southern halves
of the four canals be dredged to -5' (MLW) depth while the northern
halves be dredged to the -6' (MLW) depth. The entrance channel should
slope from -6' to -7' (MLW) depth.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, 1978, for discharges of liquid effluent
from diked upland disposal areas.
NOTE: An erosion and sedimentation control plan will be required for this
project.
NOTE The Brunswick County mosquito control officials should be advised of
the planned work. Also, there is a high probability of a mosquito problem
in old spoil site #1. Close proximity of people will make this problem
more noticeable. The permittee should contact the Vector Control Branch,
at (919) 733-6407 regarding appropriate mosquito control measures.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
,T
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 1, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO85-N-010-0306
Town of Sunset Beach
220 Shoreline Drive
Sunset Beach, North Carolina 28459
Gentlemen:
On January 27, 1981, we issued general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received July 22, 1985, for a
Department of the Army permit to maintain canals off the Atlantic
Intracoastal Waterway (AIWW) near Tubbs Inlet and Jinks Creek at
Sunset Beach, Brunswick County, North Carolina, indicates it to be
a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application
will be accomplished by the North Carolina Division of Coastal
Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general
permit process for any reason, you will be written and informed of
its further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWCO85-N-010-0306 and will be
coordinated by Mr. Ernest Jahnke, telephone (919) 343-4467. He is
available to address questions or comments you may have.
Sincerely,
/kharles W. Hollis
Chief, Regulatory Branch
Enclosure
APPLICATION ?!r.? -? a 1 -1
FOR E
I .i 'J
PERMIT IU LXC:AVAIL AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED UY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
3epanment of Adminlsuatlon State of North Carolina Department of the Army
GS 146121 Department of Natural Resources and Community Development Corps or Enalneers. wilmlrijtton alurkt
(GS 113.219, 143.115.3(a)(1), 143.215.3(c), 113A•116 133CFR 109.320.3191
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
Applicant Information
A. Name Town of Sunset Beach
B. Address 220 Shoreline'dYive Stet Beach, N. C MidtS459 .
Street, P. O. Box or Route
Sunset Beach N. C. 28459 579-6297
City or Town State Zip Code Phone
If. Location of Proposed eroject:
A. County Brunswick
B. I. City, town, community or landmark Sunset Beach
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Tubbs Inlet and
Jinks Creek
II1. Description of Project
A. 1. Maintenance of existing project Dredge Canals 2. New work
lea,`.
8. Purpose of excavation or till
I. Access channel 3600 feet length 40 fee width 6 feet
depth
2. Boat basin -length. width depth N1 1
3. F ill area length width depth
4. UtherCanals A,B,C,D 3600 feg?ngth lewidth eetdepth
C. I. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 64000 2. Type of material Beach sand
E. Fill material to be placed below MHW (sec also VI. A)
1. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes ?-..? No Existing Canals
6. Dues the disposal area include any marshland, swamps or other wetland? Yes No x Adjacent to wetlands
C. Disposal Area Sunset Beach-East End (See attached map)
1. Location
2. Do you claim title to disposal area! eve o - .
U. fill material source it fill is to be truLked in
E. I fuw will excavated material be entrapped and erosion controlled? Dike around spoil area to elevation of
six feet and provide a spillway pipe to prevent was ac o spoil materials u a ow water
re g
1 1 ypc of cyuipmenl to be used
f,. Will marshlano be trussed in tranWurting equipment to project site? It yes, explain No
t b1
.10175
V. Intended Use of Project Area (Describe)
A. 1. Private Owners will be able to bring their boats to their residences
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) Majority of lots are 50 feet by 90 feet.
2. Elevation of lot(s) above mean high water Average elevation is 5 feet above mean high water
4. Type of building facilities or structures
3. Soil type and texture
5. Sewage disposal and/or waste water treatment A. Existing Septic Tanlanned
Single family residences
B. Describe
Land Classification'(circle one) DEVELOPE TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan 'Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No R
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following. project completion? Yes X No
2. Type of discharge water that has settled out in the diked spoil area
3. Location of discharge discharge to be directed toward the disturbed area
VII. Present rate of shoreline erosion (if known): 2 feet per year
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: Original permit dated 1972
IX. Length of time required to complete project: Six months
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served ist of owners
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Attached
XI. Certification requirement: 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.
XII.
DATE
Any permit issued pursuant to this application will allow only the development desi
cation and plat. Applicants should therefore describe in the application and plat all
opment activities, including construction, excavation, filli and land earing.
G of un
June 3,1985
Applicant's Signature
in this appli-
pated devel-
r
Manager
D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Town of Sunset Beach
2. Location of project site 4 finger canals and entrance channel off of Jinks Creek,
Sunset Beach, Brunswick County.
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 6/4/85 9/27/85
(B) Was applicant present Yes No
Photo 7-60; Grids C-G; 10-21.
5. Processing procedure: Application received 9/4/85 Office DCM-Wilmington
6. Site description: ,(A) Local Land Use Plan Sunset Beach
Land classification from LUP Transitional/Conservation
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands X Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes X
(D) Intended use: Public
X
(E) Type of waste water treatment:
Planned N/A (Septic Tanks)
No Other
Private X Commercial
Existing N/A (Septic Tanks)
(E) Type of structures: Existing Single-family residences.
Planned Single-family residences
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description:
(A) Vegetated wetlands:
Spartina alterniflora
AREA
Dredged Filled Other
11,200 s.f. maintenance excavation
Spartina atens )
Borrichia frutescens ) 7.52 acres (Old Spoil Site X61)
Iva Imbricasta.
p )
Uyd
to wetlands:
VL4- cv tom-;
(B) -0
Entrance Channel Bottom 2.94 acres
4 Finger Canals Bottom 2.97 acres
(C) Other:
Upland Spoil Site #2 5.05 acres
(D) Total area disturbed: 6.16 acres below MHW; 12.57 acres upland
8. Project summary The Town of Sunset Beach desires to perform maintenance excavation of
the existing four finger canals and the long entrance channel off of Jinks Creek and
-pump the spoil by hydraulic dredge to two adjacent spoil areas along Cobia, North Shore,
and Riverside Drive.
TOWN OF SUNSET BEACH
PAGE 2
9(a) SITE DESCRIPTION:
The project site consists of four finger canals and an entrance channel which was
dug in the early 1970s out of the back side of Tubbs Inlet and connects to Jinks
Creek in Sunset Beach. The original design dimensions measured 80' in width for
the four finger canals by 820' in length; and the entrance channel measured
3,600' in length by 100' in width. Since maintenance excavation has not occurred
in over ten years the coarse sand off of the adjacent unconsolidated banks have
gradually filled in the canals and channel. At places extensive (approximately
1.2 acres) cordgrass marsh has volunteered along both banks and helped stabilize
the slopes along with sea lavender (Limonium carolinium) and saltmarsh hay grass
(Spartina patens). Only in Canal A and at it's junction with the western end of
the entrance channel has the cordgrass significantly restricted the navigability
of the canal system allowing for about 10' of width. Many portions of the finger
• canal system go nearby dry at low water and the entrance channel only averages
about -2' MLW depth. A lot of shoaling has occurred at the Jinks Creek entrance
as well. The canal system is classified as a secondary nursery area and the
waters are SA.
Two (2) relict spoil sites exist on the application. Spoil site #1 (which
measures 780' x 420') is located.next to Tubbs Inlet lagoon and is bounded by
Cobia Street and North Shore Drive. It has a heavy canopy of myrtle and eastern
bacharras (groundsel) shrubs with an understory of mixed wetland type species
comprised principally of saltmarsh hay, Sea ox-eye, Iva, Perry Wort and scattered
patches spike grass. Poison ivy and similax vines also grow extensively on the
site. Spoil site #2 appears to be a remnant dragline spoil area with no berms
present. It is long (about 1,100') and narrow (200') and is comprised of mainly
upland grasses. It also slopes towards the extensive saltmarsh to the north.
Approximately 140 single-family lots were platted along the entrance channel on
both sides and 128 lots surround the four canals. Approximately 70 cottages have
been constructed on the 95' by 50' lots.
9(b) PROJECT DESCRIPTION:
The applicants propose to perform maintenance excavation by hydraulic dredge
which will establish a navigable dredge cut measuring 40' in width by -6' (MLW)
in depth. The proposed length of the entrance channel will be 3,440 linear feet
and the combined total length of the four finger canals will measure 3,280 linear
feet. The 64,000 cubic yards of coarse sand dredge spoil will be pumped to two
diked spoil areas where the clarified effluent will run either into the lagoon or
into the dredge cut. Six foot high dikes are proposed on the adjacent 12.57
acred "upland" areas. The purpose of the work is to afford improved navigation
of the canal system.
TOWN OF SUNSET BEACH
PAGE 3
10. ANTICIPATED IMPACTS:
The project as proposed will cause the maintenance excavation of approximately
11,200 s.f. of volunteer cordgrass wetland and 5.91 acres of relatively
unproductive coarse sand canal and channel bottom. Also approximately 7.52
acres of high marsh wetland would be spoiled upon within an old undiked spoil
area. The excavation work could also cause the undermining of a significant
amount of additional cordgrass fringe. Since the finish bottom depths will
remain the same for the proposed work the flushing efficiently could be
enhanced by alternative designs. Turbidity impacts will be minimal considering
the coarseness of the bottom strata. The excavation activity should be timed
to avoid those times of the year when biological activities are greatest.
Construction of a reliable diked disposal area will also be an important part
of this project. As a foreseen secondary impact the maintenance activity may
also encourage more construction and result in more boat traffic and runoff
into Jinks Creek.
SUBMITTED BY: Rob Moul OFFICE: DCM-Wilmington DATE: September 30, 1985
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 19, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC085-N-010-0306
Town of Sunset Beach
220 Shoreline Drive
Sunset Beach, North Carolina 28459
Gentlemen:
Reference your application for a Department of the Army permit
to maintain canals off the Atlantic Intracoastal Waterway (AIWW)
near Tubbs Inlet and Jinks Creek, Sunset Beach, Brunswick County,
North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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 N. C.
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. Ernest Jahnke,
telephone (919) 343-4467.
Sincerely,
a t
E?ites
ief, Regulatory Branch
Enclosure
-2-
Copies Furnished (with enclosure):
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
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Town of Sunset-Beach
Application to Dredge Canals A.B.C.&D
?? Spoil Area ,
Dike Detail
.? Existing bottom
7i\,,
M H W ¢ 3.5 feet
M L W'
Proposed channel bottom -6 feet MLW
Cross Section of channel
MAY 31 1985
t'QF.FICE OF'COASTAL MANAGEMENT
'WILMINGTON REGIONAL OFFICE
Sldr?'T,