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HomeMy WebLinkAbout19970242 Ver 1_Complete File_19970507State of North Carolina Department of Environment, LTIWA Health and Natural. Resources 4 • a Division of Water Quality James B. Hunt, Jr., Governor AdftMdMftdMk Jonathan B. Howes, Secretary � C A. Preston Howard, Jr., P.E., Director C May 7, 1997 Carteret County DWQ Project # 970242 COE #1997004519 APPROVAL of 401 Water Quality Certification and ADDITIONAL •CONDITIONS Mr. Robert Clay Sugarloaf Properties, Inc. 100 Main Street McAdenville, NC 28101 Dear Mr. Clay: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.003 acres of wetlands or waters for the purpose of developing a planned unit development at Hoop Hole Creek adjacent to NC 58, as you described in your application dated 1 April 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Deed restrictions or conservation easements shall be added to all lots with jurisdictional wetlands to prevent future fill. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919- 733 -1786. Sincerely, # on Howard, Jr. P. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled /10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 10, 1997 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Water Quality EDEHNR I �iAR 13 7T . D1V,,81of \.; COASTAL MANAGEiMENi FROM: John R. Parker, Jr. Major Permits Processing Coordinator D Tgauu rZE SUBJECT: CAMA /DREDGE & FILL Permit Application Review MAR 13 1997 Applicant: Sugarloaf Properties, Inc. Anxaw,, -... ....... Project Location: adj. to Hwy. 58 (east of Atlantic Station Shopping Center) and a canal which enters Bogue Sound, in the Town of Atlantic Beach, Carteret Countv Proposed Project: a plan unit development which will incorporate 41 residential and 6 commercial lot, 13 condominium units, a boat ramp, a 11 slip community marina and the excavation of a boat basin and access channel Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 31, 1997. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 808 -2808. When appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE i 9% T_ +stron Plaza il, 151 B, Highway 24, Morehead City NC 28557 Ni�� ,ice 919 - 808 -2808 FAX 919 - 247 -3330 Courier 11 -12- 09 1 f C An Equal opportunity /Affirmative Action Employer _ 50% recycled / 10% Post-consumer paper To: John Dorney Environmental Sciences Branch DIVISION OF QUALITY .u: MAJOR PERMEIP APPTICATILON R /I ,t REVIEWER: GREGSO ACTING WQ SUPERVISOR: SHIVER 5 S DATE: April 18, 1997 WETT AND INFORMATION FOR CENTR AT. 01MC'E TRAC'KIN(: PERMIT YR: 96 PERMIT NO.: 970242 COUNTY: Carteret PROJECT NAME: Sugarloaf Properties, Inc. PROJECT TYPE: Marina PERMIT TYPE: CAMA COE #: N/A DOT #: N/A y RCD FROM CDA: DCM DATE FROM CDA: March 13, 1997 °2 G REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Hoop Pole Creek " - y CLASS: SA STREAM INDEX #: 20 -36 -12 2 "21 *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: SM WL REQUESTED: 0.003 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED ?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to develop a 30 acre tract of land into a 48 lot panned unit development with an 11 slip community marina and boat ramp. WATER QUALITY C'ERT_ (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3112 for CAMA Major Permits. TYPE OF DISPOSAL PROPOSED: Proposed connection to Atlantic Station WWTP TO BE PERMITTED BY: DWQ IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: Yes WATER /WETLAND FILL AREA OF FILL - WATER: 600 sq. ft. WETLAND: 120 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGINGt IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 970242.Apr Page Two 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.) This Office has no objection to the current proposal. It is recommended that the 401 Certification contain a condition that no fill of wetlands on individual lots will be allowed and that deed restrictions shall be placed on all lots containing wetlands to prevent such future impacts. cc: Central Files Wilmington Regional Office Files DCM- Charles Jones John Parker 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sugarloaf Properties, Inc 2. LOCATION OF PROJECT SITE: adj. to Hwy 58 (east of Atlantic Station $hoppin enter) and a canal which enters Bogue Sound, Town of Atlantic Beach, Carteret County �� Photo Index - 1995: 40- 493,M -17 1984: 158- 10:J- 12,F -L 12 7 1;3 State Plane Coordinates - X: 2675400 Y: 355000 3. INVESTIGATION TYPE: CAMA & D &F y 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Feb. 7, 1997 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 2 -19 -97 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Urban Transition & Conservation (B) AEC(s) Involved: CW,EW,ES,PTA a Water Dependent: Yes & No (D) Intended Use: Residential and Commercial (E) Wastewater Treatment: Existing - WWTP with a 50,000 gal. reserved copeck Planned - individual hookups (F) Type of Structures: Existing - Old asphalt roadway Planned - 41 single family & 6 commercial lots, 13 condo.'s, 21 boat slips (G) Estimated Annual Rate of Erosion: Slight Source - Personal observation 7. HABITAT DESCRIPTION: [AREA] T)RF7)rF.T) FTT .T .F.T) OTHER (A) Vegetated Wetlands Coastal Wetlands 404 Wetlands ±120 sq.ft. ±1,680 sq.ft (Shaded) (B) Non - Vegetated Wetlands shallow water bottom areas ±108,500 sq.ft. ±600 sq.ft. ±6,930 sq.ft. (Footprint of docks and mooring area) (C) Other Highground ±6.5 acres (D) Total Area Disturbed: 9 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing a plan unit development which will incorporate 41 residential and 6 commercial lots, 13 condominium units, a boat ramp, a 11 slip community marina and the excavation of a boat basin and access channel. FIELD INVESTIGATION REPORT: SUGARLOAF PROPERTIES, INC. PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is a ±30 acre tract of land located towards the western end of the Town of Atlantic Beach, Carteret County. property is bordered on the south by NC Hwy. 58, on the west by Atlantic Station Shopping Center and to the north by the waters of Bogue Sound. Bisecting the property is a human -made canal locally known as "Hoop Pole Creek". A substantial amount of the applicant's property consists of a diversified mixture of coastal wetland species (including spartina alterniflora, juncus roemerianus, salicornia spp., spartina patens, distichlis spicata) and "404" wetlands (including iva frutescens, sea ox -eye, eastern baccharis, sweet bay, red bay, fetterbush titi, etc.). The highground areas can be characterized as either Maritime Forest (vegetated with red cedar, red bay, sweet bay, yaupon, holly, live oak, wax myrtle, etc.) or areas which were filled during the initial excavation of Hoop Pole Creek and vegetated primarily with scattered amounts of spartina patens, wax myrtle, cat- briars; etc. The remnants of an old asphalt road is located in the middle of the property. There are also scattered pockets of "404" wetlands in the swales of the Maritime Forest complex. The US Army Corps of Engineers have approved the wetland delineation performed on the property. Hoop Pole Creek was altered many years ago and can be characterized as having irregular channel depths ranging from -0' to -5.4' mean low water (MLR) deep. The bottom consists of mostly sandy material except towards the upper end of the canal where it is silty. An existing highway stormwater discharge pipe is also located at the head of the canal. A varying border of coastal wetlands and scattered amounts of oysters exist along the shoreline of the canal. Hoop Pole Creek has been classified as `SA' waters and is open to the harvesting of shellfish. Oysters have historically been harvested from the area and small boats have periodically used the area as an unapproved mooring area. This property was the subject of a permit application in 1984 which involved the construction of a shopping center, condominium complex, commercial marina and the excavation of a ± 1 mile long access channel. A permit was issued but later appealed. The Coastal Resource Commission modified the permit conditions in 1985 to primarily address stormwater concerns and required monitoring of water quality conditions in the canal system. The shopping center was built but the marina, access channel, condominium complex was never developed. In 1991 the applicant requested a permit to develop the property into a 54 lot subdivision with an associated marina, clubhouse and other amenities. The applicant also proposed to excavate portions of the existing canal as well as other areas in Bogue Sound to provide adequate water depths to the project site. The project was eventually placed on hold due primarily to unresolvable concerns of wetland impacts, shellfish closure areas and development on state claimed land. (The Department of Administration determined that ± 3 acres of the applicant's property was land which was raised from below the mean high water (MHW) line during the time the canal was excavated and is under State ownership.) Project Description The applicant is now proposing to develop the property into a 48 lot planned unit development which will involve a mixture of residential and commercial uses. Forty-one of the lots will be designated as single family and 6 lots along NC Hwy 58 will be commercial. The single family lots will be located on the east side, of the canal with 18 lots having direct water frontage on the canal. The applicant has drawn the area of riparian access and the approximate dock location for each of these lots. The applicant has indicated that restrictive convents will prohibit more than 1 boat from using each pier. On the eastern portion of the applicant's property, a ±80' long x 24' wide elevated wooden bridge is proposed to be constructed over a ±70' wide area of coastal wetlands. The bridge will provide vehicular access to a small highground knoll which is vegetated by maritime forest. The bridge will service 3 lots and underground water, sewer and electrical lines will be trenched through the wetland area in order to provide utility service to the development. The bridge will have abutment wingwalls on both sides which will be located landward wetland vegetation. The project has been designed to come under the Division of Water Quality Low Density Stormwater requirements. The applicant is proposing deed restrictions which will limit the amount of impervious areas for lots 30-47 to 3,900 sq.ft. (each) with lots 7 -29, 48 & 49 limited to 4,315 sq.ft. The development of the area on the west side of the canal will consists of 13 condominium units in two buildings. The buildings will be three stories and up to 35' in height. The buildings and parking areas will weave around "404" wetlands so as to avoid direct impacts. The condominiums will generate an impervious area of ±16,000 sq.ft.. Three docks are also proposed to be constructed in the canal at the condominium site. The docks will parallel the shoreline with mooring pilings offshore the main docks. The docks will provide for 11 permanent slips and appears to be sited within an area which was previously excavated from areas above the MHW line. A 50' long x 15' wide concrete boat ramp is proposed to be located at the head of the canal just west of existing stormwater discharge pipe. The ramp would transverse through a ±8' wide border of spartina alterniflora and would be an amenity for the condominium units as well as the adjoining single family lots. Another amenity for the development is a proposed swimming pool, pool house and day dock which is to be located on the northeastern side of the canal. Since the pool is to be located immediately adjacent to coastal wetlands, the applicant is proposing to construct a bulkhead /retaining wall to prevent unintentional encroachments into this area. The day dock will extend out into the canal for ±8' and then run parallel to the canal for ±33. The applicant is also proposing to excavate a portion of the canal and Bogue Sound in order to provide adequate water depths for boating access to the development. The most significant excavation will occur at the head of the canal out to the outermost dock on the west side of the canal. The area to be excavation will be ± 740' long x up to ±, 90' wide. The proposed excavation of the access channel will encompass an area totaling ± 2,000' long x 20' wide. All excavation is proposed to be at 4' MLW deep and is proposed to be accomplished by the use of an excavator mounted on a barge. The spoil material generated from the excavation is proposed to be placed on adjacent high ground and used within the project site after drying. Two inch PVC pipes are proposed to be placed in the water and mark the dredged and deeper waters which will make up the access channel for the development. The 6 lots located adjacent to NC Hwy 58 are designed to be sold as commercial properties and will be subject to the stormwater density. Deed restrictions will limit the amount of impervious coverage on these lots to 7,000 sq. ft. 10. ANTICIPATED IMPACTS: This project will convert a ± 30 acre tract of land into a housing and commercial development with an initial land disturbance of ±6.5 acres for roadways, swimming pool area and infrastructure improvements. The applicant will incorporate deed restrictions to limit the amount of impervious areas on the site to 25 % of the total tract size. A 70' wide bridge is proposed to be constructed across an area of coastal wetlands in order to gain vehicular access to 3 lots. The bridge will be constructed on pilings but it's footprint and orientation to the sun will most likely cause the vegetation underneath to be denuded by shading effects. The close proximity of roadways, - cul -de -sacs, parking areas and future residential structures to wetland areas are such that potential adverse impacts to these areas exist if extreme care is not undertaken. Because of the configuration of the "404" wetlands on some of the lots, there may be request from future property owners to fill some of these areas to "straighten" yards, etc. These request would have to be authorized by the COE through it's normal permit procedures. The construction of the residential marina on the west side of the canal and the potential construction of individual piers on lots 30-47 on the east side will allow for up to 29 boats to dock within the canal. The applicant has indicated that restrictive convents will limit the length of boats using the docks to 23' or less and none will have a cabin or head. A boat ramp is proposed to be placed at the upper end of the canal which will provide access to the development. A ± 120 sq.ft. area of spartina alterniflora and ± 600 sq.ft. of shallow water bottom area would be filled by the ramp installation. Approximately 27 cu.yds. of marl and concrete material would be placed below the MHW line. The excavation of the basin area would result in an area ±68,560 sq.ft. in size being excavated to a depth of -4' MLW deep. The access channel excavation would impact ±40,000 sq.ft. of primarily sand and shell bottom and would be excavated to a depth of -4' MLW deep. A shellfish survey was conducted in 1991 (by the applicant) and in 1995 (by the NC Division of Marine Fisheries) in the alignment of the proposed channel. The surveys did not reveal any substantial resources which would be impacted. There has not been an updated survey of this area since then. Shellfish have historically been harvested along the shoreline of the canal. Over the years, local individuals have gained unapproved access to the waters of the canal and Bogue Sound from this property. Once this development begins, this access will most likely cease. The applicant has calculated that the excavation will generate ±7,500 cu.yds of material with the material being unloaded in an approximately 1,000' long x 75' wide area on the east side of the canal. After the material has dried it will be used within the project site. The applicant has incorporated ± 3 acres of state owned land into the development. The applicant has provided a letter of permission from the Department of Administration to apply for this permit on state property. According to DOA's letter, an appraisal of the property is being undertaken and will serve as the basis for negotiations to sell the land to the applicant. PREPARED BY: Charles Jones DATE: March 7, 1997 Form•DCM -MP -1 AP PLICATI ON (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT JaTC�QNT 1 c BE9ctl a. Landowner: �.a pe ri-�e.s�3nc. Sur-cl �= Name p o e.r't CA a Address 100 MAIN ST-. City M o Ades u I I !e. state M .0 C. Zip 2810 ( Day Phone �- 7'824"355 J Fax ��19 b. Authorized Agent: F 1�.3uw Name %'Sirood &id Ineeetrr j , P. A . City Merr l2 .'I , State U 1 +i 1144 eX.N c.ON K)n ►4 lei I u -ts W ! :[ N PQQ L J9t9- 291 -(092 r-Q.E0$vNN L FACILITYTI INET SL.I PSG BOAT P—AMP b. Is the proposed activity maintenance of an existing G project, new work, or both? NEW t�OrLv -- c. Street address or secondary road number IBC 14W4 S8 WEq Fow, mtoc:dN iznAb d. Is proposed work within city limits or planning jurisdiction? __ X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 8 06 uE S 0 o N O 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and /or filling activities. Zip CSS5 Day Phone) 19- 241-7419 ST eo un EN61Ntl c,l Ih I • S c. Project name (if any) SU6A2LOAF PR.oPt7Z. 16S _�L.FiN ti� l ilU tT ()I`lJ �liYAY� f- "YIJrt' NOTE. Permit will be issued in name of landowrur(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT' a. County- �'2- ��`:;' Revised 03/95 c. Will the project be for public, private or commercial use? PILIUATtt- 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. A - PLANNM uNil C),eUgoppla' C-o"S SZM)fn PkprnA2tL`l of A mi'v or- C1AICeG.� t= r�rntLY/ mi��rt- i- Arnt��T A krQ S'nmmL-c lOrt_ Uc67S _ TFI-tS PlT.l7 oc)aJ TACM AouA&t Ar,.i< mF ms war a&T7 t,..�/ T - n6vc t Ali 8�- iA FEB 1 9 1957 �3 Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 3 f7 Z 8 fla2a:S b. Size of individual lot(s) ]D00 %v rnwtrnL) -, c. Approximate elevation of tract above MHW or NWL 1D' test` Au=Ae -. d. Soil type(s) and texture(s) of tract e. Vegetation on tract cs -r WEeros AKD n4 as m. Describe existing wastewater treatment facilities. W14S'�E�►�7t�.710Et��nIE PGA NT I/Jt7rl A So, oG eJ_.LaM tZeS Ugrg CA►0A 1�+ - sormi ,r-AF unuZt 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.) SUrLFAC-E le. i)ynH` o. Describe existing drinking water supply source. MiiutC1 -PA-(_ STSPw", f. Man -made features now on tract NONC eyc&PT ono AS ?& -c:-T IZnoA o 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (consult the toot &and use plan.) Conservation .�_ Developed Rural Transitional Community Other h. How is the tract zoned by local government? R,ESo2Z Con.m,�S,,l�'i�- i. Is the proposed project consistent with the applicable zoning? _)<_ Yes No (Attach Zoning compliance certi, fcate, if applieabk) i. Has a professional done for the tract? If yes, by whom?. archaeological as essment been Yes No k. Is the project located in a National Registered Historic District or does it involve a National Register listed o eligible property? Yes X No 1.. Are there wetlands on the site? ')( Yes No Coastal (marsh) �� Other '4 ffS If yes, has a delineation been conducted? fie? (Attach documentation, if available) Revised 03/95 In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims 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. BIue -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 Form DCM -MP -1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Z A CI rArL_TjAy 1Q1 Address P.c . Bbi 108E Phone N �,,� f��-rt ,u . p jr ?PSG o Name W ES 1: I Address 224 ' Zos C SC w-= Phone Roc i 4 14ou N ,C _ Q 80? Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to . cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow -up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 4 day of NOV , 19-( . Print Name F R E o M IS U N N Signature JA-4. Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. Y DCM MP -2 Excavation and Fill Information Y DCM MP -3 Upland Development A MP-4 Structures Information X DCM MP -5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. FES x. 9 1,997 1 Form DCM -MP -2 EXCAVATION AND FILL (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. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shomline stabilization) Average Final EAsting Project - Lenath -Width Depth Depth 2000 2o - 2.5 -4.o M LW Mew VAelec. VARJts C08� os MLYq MAW n1 �><v Mt✓�cy 1. EXCAVATION t a. Amount of material to be ex at ed from below MHW or NWL in cubic yards _ 7384 S�Y-= b. Type of material to be excavated S A MID c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area ON -S l C--_. EAS-r S 10 E. O F CA U 91C_. b. Dimensions of disposal area IOx)oX '7.5 c. Do you claim title to disposal area? _ Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes _)�_ No If yes, where? q E r4S.. -.-• 6 �' r 9 11-1-7 1,1 Revised 03 /95,��raarso�iiiisi4 Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes �_ No f. Does the disposal include any area in the water? Yes _X._ No 3. SHORELINE STABILIZATION N A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or,riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes —,X No Revised 095" If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? �( Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill CANSTP_2Sa: J9CA7 K-AmP 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? 51 LT FE-AIC E b. What type of construction equipment will be used (for example,. dragline, backhoe, or hydraulic dredge)? I)P,A LIME BACKikC 8Ae,&F c. Will wetlands be cr3ssed in transporting equipment to project site? Yes \,e No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name Signature NaV 6, 199 (0 Date Form -DCM -MP -3 UPLAND. DEVELOPMENT (Construction and /or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form •DCM -MP -I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed B Nl o LT i Fnm i 64 % L 0 G S CORXAIQiAiC, 13 UNrrs b. Number of lots or parcels% - c. Density (give the number of residential units and the units per acre) (o 0 o&� i T s rrs Pt—fL. ACP E d. Size of area to be graded, filled or disturbed including roads, ditches, etc. (o Acmes e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X -Yes No If yes, date submitted IN CDNTuiuMoN N / CAMi4 S us m f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. AGGQT_, = anze Coggz— Aw _A PAY g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and /or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. LESS h,q 3071 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? _X Yes No If yes, date submitted I N CoN7LI C-TI ON W CAMA suarn1Tp,4L i. Describe proposed method of sewage disposal. ©F -S11E i,iAS;- ,�P,rtaL T2Ei4rr►���' PLAk4 j. Have the facilities described in Item i. above received state or local approval? YES. NCDEM (Attach appropriate documentation) So 6AkE�AF UTtLdTIi;S k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges). Su a-FACL 12 o nooF� 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) 7bwri aH 14aLAMLr__ 6(fACA mutvic.iP" SwSZ bF m. Will water be impounded? Yes _�L_ No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N .16 _ Applicant or Project Name Signature a r -ILLY "UtJ 3 �10V Date Revised 03/95 o�oasoaago�p��My 'Form DCM -MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. _ a. Dock(s) and /or Pier(s) r ' (1) Commercial Community Private (2) Number 4 mtid 1 (3) Length I zo, 140 90 =3 -B ooc<) (4) Width (o' (5) Finger Piers Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No (i) Number (ii) Length (iii) Width (7) Number of slips proposed I I (8) Proximity of structure to adjacent riparian property lines A (9) Width of water body '10-k (10) Water depth at waterward end of pier at MLW or NWL 1.O M LW b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03195 e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number '(3) Description of buoy (Color, inscription, size, anchor, etc.) , (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) IS 'aCPOSrap jt)ArL -LM&rf LOTS WOOLO Bfi ALLAuJtb ©NL.4 Of4G SLIP PEM LOT 1711j5 &ESIgACToi -1 WDU La AG INrLQnkY) fro xI�E RESZILAgIluE C nyg- )Aqz -, 1 I�- -rbvkL SL.I Ps �L�LJ& is — tm-,Se 1$ PROS r4L= it --Amor,') ot=m�e occr -s To-1 *t-1 r(.6 Z9 , FRED M. ISOHN Applicant or Project Name Signature NOV 6, 19% Date F o FEB 1 9 1597 Form DCM -MP -5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Permit, Form DCM -MP -1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. t g. Length of proposed bridge ° O 1. BRIDGES h. Width of proposed bridge Z4 a. Public Private X i. Height of proposed bridge above wetlands 3 F &-cr b. Type of bridge (construction material) j. Will the proposed bridge affect existing water flow? Yes —X No If yes, explain c. Water body to be crossed by bridge WE[ LAN bs ImArask d. depth at the proposed crossing at MLW or k. Navigation clearance underneath proposed bridge NW`atter e. Will proposed bridge replace an existing bridge? 1. Will the proposed bridge affect navigation by Yes_ No reducing or increasing the existing navigable If yes, opening? Yes No (1) Length of existing bridge _ _ If yes, explain (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain m W r— !� A YL --4 f. Will proposed bridge replace an existing culvert(s)? ONLc J . N0 iv ��a ww �3op Yes_ No If yes, (1) Length of existing culvert n. Have you contacted the U.S. Coast Guard (2) Width of existing culvert concerning their approval? (3) Height of the top of the existing culvert above Yes — No the MHW or NWL If yes, please pro' vide record of their action. i Revised 03/95 Form DCM -MP -5 2. CULVERTS NIA. a. Water body in which culvert is to be placed b. Number of culverts proposed c. Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e.. Will proposed culvert replace an existing culvert? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL �4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert g. Width of proposed culvert h. Height of the top of the proposed culvert above the MHW or NWL i. Will the proposed culvert affect existing water flow? Yes No If yes, explain Revised 03195 r y . j. Will the proposed culvert affect existing navigation potential? Yes No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes_ No If yes, (1) Length of area to be excavated (2) Width of area to be excavated , (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: N O _ Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highground excavation? _�X_ Yes No If yes, (1) .Length of area to be excavated 401 y- (2) Width of area to be excavated k (3) Amount of material to be excavated in cubic yards 49 9_ f d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area FEPLACED AT 5tzc mot C'Q��ago (2) Dimensions of spoil disposal area (3) Do you claim title to the disposal area? Yes No If no, attach a letter granting permission from the owner. Form DCM -MP -S (4) Will the disposal area be available for future b. Will the proposed project require the relocation of maintenance? Yes )K_ No any existing utility lines? Yes — L No (5) Does the disposal area include any coastal If yes, explain in detail wetlands (marsh), SAVs, or other wetlands? Yes _�< No If yes, give dimensions if different from (2) above. c. Will the proposed project require the construction of (6) Does the disposal area include any aT below any temporary detour structures? the MHW or NWL? Yes No Yes_ No If yes, give dimension if different from No. 2 If yes, explain in detail above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project require any work described in Item d. above) to be placed- below channels? Yes _.X_ No. MHW or NWL? Yes X No If yes, complete Form DCM -MP -2 If yes, (1) Length of area to be filled e. How will excavated or fill material be ke t on site (2) Width of area to be filled and erosion controlled? S 1 U r -trJC+ ?GRAVE-L (3) Purpose of fill f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used result in any fill (other than excavated material (for example, dragline, backhoe or hydraulic described in Item d. above) to be placed within: No dredge)? ►tt = �RIU�� ,`f12./VCKJ%�ts Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be filled (2) Width of area to be filled g. Will wetlands be crossed in transporting equipment (3) Purpose of fill to project site? --X_ Yes No If yes, explain steps that will be taken to lessen environmental impacts. 1Nooioti:� MASS g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? Yes _)�— No h. Will the placement of the proposed bridge or culvert If yes, require any shoreline stabilization? (1) Length of area to be filled Yes K No (2) Width of area to be filled If yes, explain in detail (3) Purpose of fill 4. GENERAL a. Will the proposed project involve any mitigation? Yes No If yes, explain il6 detail Revised 03/95 Applicant or Project Name Signature �oy 19910 Date 1 j1 Af. aft�.& .YrWwMi DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 IN REPLY REFER TO March 19, 1997 Regulatory Branch Action ID No. 199704519 st' Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27687 Dear Mr. Dorney: Enclosed is the application of Sugarloaf Properties, Inc. for Department of the Army authorization and a State Water Quality Certification to fill approximately 0.015 acre of waters and wetlands, dredge 108,500 square feet of nonvegetated shallow bottom, and construct a community marina in Hoop Pole Creek, off Bogue Sound, for the purpose of constructing a development, on NC 258, Atlantic Beach, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by May 13, 1997, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, Regulatory Branch, telephone (910) 251 -4636. Sincerely, of y H. chter Proj t Mana er Wilmington Regulatory Field Office 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