HomeMy WebLinkAbout19951240 Ver 1_COMPLETE FILE_19960403State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AITUN?IFFA
44?)
1:3 EE F=1
January 26, 1996
Pender County
DEM Project # 951240
APPROVAL of 401 Water Quality Certification
Mr. Kenneth Conrad
R and Q Inc.
536 Works Farm Road
Warsaw, NC 28398
Dear Mr. Conrad:
You have our approval to dredge in 51,000 square feet of waters for the purpose of deepening
man made canals and replacing a bulkhead at Hwy 501, Topsail Beach (Queen's Grants), as you
described in your application dated 30 November 1995 . After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal,.state or local permits before you go ahead with your
project.
If you do not accept Ay of the conditions of this certification, you may aSk for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
r ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Its. John Dorney
Central Files
John Parker; DCM
951240.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
To: John Dorney
,.-*• Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON
WQ SUPERVISOR: ADKINS
DATE: January 18, 19
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 95 PERMIT NO.: 951297 COUNTY: gauumdck- f#-tkx-
PROJECT NAME: R & Q, Inc. / Queen's Grant Condominiums
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: November 30, 1995
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: AIWW
CLASS
SA STREAM INDEX #
18
87
5
5
:
-
-(
:
.
)
*
'?
C
OPEN OR CLOSED: Closed
/f/
FO
e4,
WL IMPACT: No WL TYPE: N/A ?o
1
WL REQUESTED: N/A WL ACR EST: 99
WL SCORE: N/A 6
,?s•,.
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to dredge in two man-made canals and replace
1110 linear feet of bulkhead.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #3025
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: 3,330 WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
951240.Jan
t Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be
done in such a manner so as to not cause turbidity outside the immediate construction area to
exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Russell
John Parker
-? r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Regulatory Branch
Action ID No. 199602588
December 18, 1995
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
<? G7 I S?
v
cn? tr
Enclosed is the application of R and Q. Incorporated for Department of
the Army authorization and a State Water Quality Certification to dredge
approximately 1,666 cubic yards of material from approximately 51,000 square
feet of non-vegetated shallow bottom open water, and replace a failing
bulkhead on approximately 1,110 linear feet of shoreline, 3 feet waterward of
the existing bulkhead, backfilling approximately 3,330 square feet of open
water, in two finger canals off Topsail Sound, in the Queen's Grant
condominium complex, in Topsail Beach, Pender County, North Carolina. The
proposed work will result in impacts to approximately 1.25 acres of open
water. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by February 4, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
c
G.? ayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
*State of North Carolina l C? (p vo?-s
Depdrtmdnt of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
r
Roger N. Schecter, Director
REGLI
,1.
1 r.17iJ:.
November 28, 1995
R & Q INCORPORATED
536 Works Farm Road
Warsaw, NC 28398
Dear Sirs:
A?EHNF?
The Division of Coastal Management hereby acknowledges receipt of your application for State approval
for dredging and bulkhead replacement at Queen's Grant, highway 50 in Topsail Beach. It was
received on October 31, 1995, and appears to be adequate for processing at this time. The projected
deadline for making a decision is January 13, 1996. An additional 75-day review period is provided
by law when such time is necessary to complete the review. If you have not been notified of a final
action by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
Queen's Grant site. You should post this notice at a conspicuous point on the property where it can be
observed from Highway 50. An example would be: Nailing the notice card to a telephone pole or stake
along the road right-of-way fronting your property. Failure to post this notice could result in an
incomplete application. A field report has been prepared and is in the process of being circulated to
the various state and federal review agencies for their comments. If additional information is required
based on this review, the agencies may contact you directly.
Sincerely,
Janet M. Russell
Field Representative
Enclosure
cc: John Parker
Bob Stroud
Jon Briggs, LPO
Mickey Sugg, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
DIVISION OF COASTAL MANAUhMk w-I
PORT
FIELD INVESTIGATION RE
APPLICANT'S NAME: R & Q Incorporated
NAME OF PROJECT: QUEEN'S GRANT (Condominium Complex)
2. LOCATION OF PROJECT SITE: Highway 50, Topsail Beach, North Carolina
Photo Index - M: 4 173 23 Grid J-14, 15 19$4: 23 294 Grid M-11, 12
State Plane Coordinates - X: 2 419 000 Y: 243 400
3. INVESTIGATION TYPE: CAMAID&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 3, 1995
Was Applicant Present - Agent was present.
5. PROCESSING PROCEDURE: Application Received - cc: October 31, 1995
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town Of Topsail Beach
Land Classification From LUP - Developed
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Surrounding area is partially developed condo complex.
(E) Wastewater Treatment: Existing - Private wastewater plant
Planned - N/A
(F) Type of Structures: Existing - Condos, parking, tennis courts, pool, treatment plant,
bulkhead, and docks within canals.
Planned - Bulkhead Replacement & Canal Dredging ._ri A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A `
7. HABITAT DESCRIP'T'ION: [AREA]
DREDGIM (A) Vegetated Wetlands EMLM OTHER
(B) Non-Vegetated Wetlands
(C) Other 51,000 sf 3,330 sf
Shallow Bottom (Man-made canals) open water
(D) Total Area Disturbed: Approximately 4.8 Acres (Shallow Bottom & High Ground)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is applying to dredge 1' deep in two man-made canals.
Also being requested is 1110 linear feet of bulkhead replacement, 3' waterward of the existing
bulkhead.
.-
9. PROTECT DESCRIPTION
The Queen's Grant Condominium Project is located on Highway 50, Topsail Beach, Topsail Island, in
Pender County. The entire property is 16.25 acres which includes 2.76 acres of marsh. The property
runs- from oceanfront to sound and is divided into four tracts. Tract B is 5.64 acres in size and includes
the area where the work is proposed. Tract B is located on Topsail Sound off of the Atlantic
Intracoastal Waterway.
Currently existing on the property is the shell of an old missile building, condominium buildings with
parking, sales office with parking, pool, tennis courts, wastewater treatment plant, canals bulkheads,
docks and boat ramps. Some of the condominium buildings are oceanfront (across Highway 50) and
therefore in the Ocean Hazard Area of Environmental Concern, but no work is proposed on the
oceanfront. All of the work proposed would occur within the Public Trust, Estuarine Shoreline and
Estuarine Water Areas of Environmental Concern.
There are three man-made canals associated with the project. The canals range in depth from -4 feet
to -8 feet at high tide. These canals connect to Topsail Sound. Topsail Sound is classified SA by the
Division of Environmental Management. It is closed to the taking of shellfish and the canals are
designated as a Primary Nursery Area by The Division of Marine Fisheries.
Mr. Quinn, one of the property owners, believes that the canals were dug in the late 60s or early 70s.
The asbestos bulkhead that they are asking to replace was constricted when the canals were dug. The
bulkhead is failing and allowing soil material to run out into the canals. The applicant is requesting to
dredge this material out of the canals by way of a hydraulic crane and hopper barge. The sand would
then be placed on high ground for further de-watering. Some of this material would be used to backfM
the proposed bulkhead and eroded areas where the existing bulkhead has been leaking for the past year.
A small portion of the dredge spoil, once dewatered, would be used as backfill behind sections of the
existing bulkhead, recently repaired, on the north eastern side of the canal labeled "Existing Bulkhead,
Recently Repaired" on the plan. The remainder of the spoil material would be spread on the high
ground area cross-hatched on the plan and labeled as "Undeveloped Land".
The undeveloped upland area between the two canals where the spoil is to be placed is 120' wide by
700' long (1.9 acres). It is vegetated by grasses and weeds, including yucca, indian blanket and
Spartina patens. There are no wetlands in this area.
10. ANTICIPATED MACTS
"he impacts from the bulkhead replacement would be loss of 3330 square feet of public trust waters
within the two man-made canals. Shallow bottom disturbance would occur because of the proposed
placement of the bulkhead 3' waterward of the existing, failing bulkhead. Impacts from maintenance
dredging would be 51,000 square feet of shallow bottom disturbance, loss of oysters and green seaweed
attached to rocks in the canals. Approximately 1666 cubic yards of sandy material would be removed
from the canal bottoms. Turbidity within the canals would be increased during the dredging.
Janet M. Russell/November 28, 1995/Wilmington
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT l o pe' i I Ref;- CAI
a. Landowner:
b
c. Street address or secondary road number
Name >< l?l Ti1L d. Is proposed work within city limits or planning
jurisdiction? Yes No
Address ??•?? 006,L FALL Rd, e. Name of body of water nearest roject (e.g. river,
City (,, ),q (-6tij State (?' creek, sound, bay) Topn(??
Zip Day Phone 64u1 cP9 3 -3So-1Y
Fax (, q?a) J I i 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Authorized Agent: OCT 31 1995
LIRE, ION O F List all develo ment activities ou se e.
Name C(' M (,a rna('??nt. . - P Y proPo (g•
AG EM E1 building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.;Jt
Address ? Sox 73 03 G,nstr"(X_}-i1u, ? C1");T /a4yn . G,c
City L A h State Ak,
Zip 0 Day Phone 69 t61 6?0 - /--1W
763 -
Fax
c
Project name (if any) 0, X7 ,,& (ter AN-?-
NOTE.• Pernit will be issued in maw of landowner(s), and/or
pmjeer now.
2. LOCATION OF PROPOSED
PROJECT
a. County CN? kr
A...;...1 Al~
b.
C.
*Zre't Ind n?c ba?c,lly ahanncl pv- p/•;..s)
Is the proposed activity mainamance of an existing
project, new work, or both? 1,'?
Zr ?D 5 ; ,
Will the project be for public, prior or commercial
use? l'iuak
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
LLB ?4APA.T G,,:* 4N iC y5b.1i z,tln.r '
Cew ? u4&J A-,^iP -
tAl.LL Jr.4,,L e t R?
A- U '06'u L/7 a 1. D11 f?v?. v . Oar
44-
rl
J?'??pC?; Ste,-'?L w•??- B? Q. •r .t ?
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 94, 000 t; , pt,
b. Size of individual lot(s) IA
m. Describe existing wastewater treatment facilities.
Sly C) nZ
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) No nL
c. Approximate elevation of tract above MHW or
NWL N 4+
d. Soil type(s) Id texture(s) of tract ?? '--? escribe existing drinking water supply source.
C....'A I V/? 7g n? Y? '?"I I I I ? U? O
1
e. Vegetation on tract Q('?55 nrT 1) i 1995
?VIJIIJiv Ur
f. Man-made features now on tract f'qS':hTLAL MAINAGEM
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (consult dw local lad use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned. by local government?
"Ren tAty4- aS
i. Is the propos roject consistent with the applicable
zoning? Yes No
(Attach toning compliance cemfkau, if applicable)
j•
.Has a professional
done for the tract?
If yes, by whom?.
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? Yes _1/ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Anach documentation, if available)
archaeological assessment been
Yes lr No
In addition to the completed application form, the
following items must be submitted:
'o"• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. . Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
Name
Address
Phone
Name
Address
Phone
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
permission to representatives of state and federal
77 evN agencies to enter on the aforementioned lands in
erection with evaluating information related to this
application and follow-up monitoring of the
1995pro .
OF
COASTAL MANAGER&*er certify that the information provided in
application is truthful to the best of my knowledge.
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
this
This is the 1.L day of e 6:r _ 19
Print Name xBNd: o?'? 4;-
Signature ___ ..., 6? "`
IsOidownsr or Awhonta AS W
Please indicate attachments pertaining to your proposed
Pro1ed-
f/ DCM MP-2
DCM MP-3
DCM MP4
DCM MP-5
DCM MP-6
Excavation and Fell Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in die
space provided at the bottom of each form.
12-4"A 01/44
EXCAVATIO?
AND FILL
DIVISION
COASTAL MANAGEMENT
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 16 6 6 cv
b. Type of material to be excavated /--)
Average Final
6adsd Project
t1n¢th Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shomlinc
subilizaion)
c. Does the area to be excavated include coastal
0on
wetlands (marsh), submerged aquatic v?ege .
(SAVs) or other wetlands? Yes Lo No
d. Highground excavation in cubic yards 1 n _
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area?e%iN
N??v I21
b. Dimensions of disposal area ZCP
c. Do yo claim title to disposal area?
Yes ; No
If no, attach a Teller granting permission from the
owner.
d. Will a disposal area be available* for future
maintenance? _z-`Yes No
If yes, where? /!! AJ cJ itl ?cJ?!?? ??'
2`22C,
(marsh), SAVs or other wetlands? (1) Amount of material to be placed in the
. Yes t/ 0 water
• (2) Dimensions of fill area
f. Does the disposal inclu a any area in the water?
Yes No D TO (7 70- 1T77' 3) Purpose of fill
" W fill material be placed in
3. SHORELINE STABILIZATION 3119§5 (marsh), SAVs or opther? elands?
nivigION OF Yes yNo
coastal wetlands
COASTAL MANAGEMIJ-*s,
a. Type ofhoreline stabilization (1) Dimensions of fill area
V Bulkhead Riprap
(2) Purpose of fill
b. Length //0V t -
c. Average distance waterward of MHW or NWL
3
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
O
(Source of information)
f. Type of bulkhead or riprap material G?Jd0 °N
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 11uzy 40 tic C'
h. Type of fill material I - /-)
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion congolled?
/iv r 4 L-? //-L. QQAJ tP
v
/
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? /? ,
i. Source of fill material -znezPe-',h;4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes -?-No
c. Will wetlands be cr5ssed in transpo 'ng equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
v,E?rvS C??T
e?pp? 9c Proj
Suture
Date
Revised 03/95
OF 3
to P/I? -(5 1 D? DO
_
RL (::?a ee-,v S GaA-,.j OCT 3 1 1995
DivISION OF
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I
1
?i.