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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 ,p 11 OASTAL MANAGEMENT cj -1o be ?(cc d A?? 3 t o r gb?T 13A- ??.,5 Is A1--Sa AS S?au-j,j o k3 ?' JL SO AA- k ?. C S-1'E ?v ? 2 ?R?d SG S 14l.S Q W L, 5? ?+??7 a OJT- o N T>?. t ? ed? h? 6 A e v,k- S &O ov&j o,u SOn?? 5?? t?r1.L 13 c.?f, ?R-1Lcfr?-C. per' ?!cav L ({?f?,L?. ? ? O R?'FcoNj Je vSe tww d,--v ^4= A5 ^}D ?? IL Ftl?-- ^,j LA s {poi 1, / €.A po-Fc ?U poS6.A V Sc OF ?? ?--sc• try-7?2. e,?or., l3ehN? 1?,,??7 ?? 2051ON ?O^J I . -1krAliv- 40v 0 A-4 1Y L y I J c 2 JI C 1 \ U / 1 \ a Jr, n.; ? ` CT 3 i l 1995 t4- StON OF AL b1ENT ; o w t?? ?? ? ? Q-?' l Irv Cay E ???? ?a??7? ;Z q I? , ? ? ? r ;a ? D2? D6cs Sss.r? t? .I ? W;Q n 3 ? J Vol, 0 01 7?T -f 151=0 n I -1 M q-,?• w s I C far^_ '? 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