HomeMy WebLinkAbout19970523 Ver 1_Complete File_19970818State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes. Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Joe Allston g q a 1 6 Y � IW__-Pr-
4214 Bethel Ch Road
N -24
Col SC 29206
Dear Mr. Allston:
LT'ORMA,
A&14 40
C)EHNFi
August 18, 1997
Brunswick County
WQC 401 Project #970523
You have our approval, in accordance with the attached conditions, to place fill material in 350 square
feet of waters for the purpose of stabilizing a shoreline at 113 Tuna Drive, Holden Beach, as you described in
your application dated 24 June 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3112. 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. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
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. 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). For this approval to be valid, you must follow the conditions
listed in the attached 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 fuial 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,
s Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
Thomas Morgan; Brunswick Surveying
970523.1tr
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
August 15, 1997
MEMORANDUM
TO: John Dorney
FROM: Eric Fleek��
RE: Joe H. Allston Bulkhead Project /CAMA #107 -97
Mr. Allston's lot (which has no bulkhead) is between two lots
which have bulkeads. As a result, there is apparently a lot of
erosion occurring on the lot. He is requesting to align his
bulkhead with the two adjoining bulkheads. Impacts will be 7 feet
waterward of MHW and would impact approx. 350 sq. ft. of
unvegetated, subtidal bottom. This office believes the impacts to
be are very minimal and therefore has no objections.
cc: Rick Shiver, Wilmington Regional Office
TELECOM PARTNERS TEL NO.803 -787 -8746 Mar 19,75 11:12 P.01
TO: ERIC FLEEK 8/15/97
(919) 733 -9959 FAX
FROM: JOE H. 4LSTON
(S03) 787 -6746 PHONE
AS WE DISCUSSED, THE FOLLOWING IS A. TWO (2) PAGE COPY OF MY
NWOR CAMA PERMIT, I WILL CALL YOU IN A FEW DAYS TO BE SUITE
BYBRYTm NQ Is IN ORDER. ALL PARTIES CONCERNED HOPE TO MELT ON
AUGUST 25 TO BEGIN CONSTRUCTION.
F . E M. ALLSTON
TELECOM PARTNERS TEL NO.803 -787 -8746 Mar 19,75 11 13 P -02
Permit Class Pmrm(t Numbar
NEW 107 -97
STATE OF NORTIT CAROLINA
Department of Fsn01ronm4ii10-Jeailth do Natural Resources
Coj&gesotirces gommission
for 4;
X
„•_ M o(�tui iii in Arch o(tnyironmental Concern
pu NCO$ 11118
X
to NCGS 113 -2229
lssued to,IQe R• AllstSta,"ll Circle D b-
'� dl, AIWW, 113 Tttntt i)rivt, Hoiden Bosch
authorizing development in swiek Obvnt t
as requested in the permitte ' pp n dated 5127/97 including attached workplan
drawing dated 1/ 11/9 1.
This permit, issued on b �tti , is subiect to compliance with the upplication (wlmro wnsistent.
with the permit), all applicable regulations, special conditions and notes, set forth below. Any violullou of these tents play
be subject to a line, imprisonment or civil action: or may cause the permit to be null and void.
9ho e_ Une StablllZadon
i) The bulkhead will be positioned to align with the corners of the two adjacent bulkheads,
2) The bulkhead must be constructed prior to any backfilling activities,
3) The bulkhead must be structurally tight so tis to prevent seepage of backfill materials through the
stnicture,
4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except for
that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc,
This permit does not authorize any excavation waterward of the approved alignment.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the penmttee 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 heteunderrequires funherDepartmental approval.
All work must cease when the ppeCrmit expires on
December. 31.2000
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 Di M41K and the
Chairman of the Coastal Resources Commission.
a%,.- -
ogcr , utwvt4i Director
Division of Coastal Management
This permit and its condittom are hereby accepted.
Signature of Pemtittee
TELECOM PARTNERS TEL NO.803- 787 -8746
.Toe H. Allston
ADDITIONAL CONDITIONS
Mar 19 , 75 1113 P . 03
Permit #107 -97
Page 2 of 2
S) The back fill material will be clvan and fruo of any pollutants cxeept in trace quantities.
6) No vegetated wetlands will be excava o led.
7) The temporary placement or doub a dli of fil aterials within waters or vegetated
wetlands is not authorized.
0
8) In order to protect water quality, runoff fr e 9 ti n must not visibly increase the
oo
amount of suspended sediments in adjacent w rsr', '
9) All disturbed areas shall be properly graded and 'vid4d a cover sufflcicnt to restrain
erosion within thirty days of project completion.
Goneral
10) The Division of Water Quality is currently reviewing the permit application to determine if tho
project is in compliance with North Carolina's Water Quality Certification program. The
permittee must receive a Water Quality Certification from DWQ prior to the initiation of any
construction activities.
11) This permit does not eliminate the need to obtain any other permits, approvals or authorizations
that may be required.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Ullf
'�'Ntii,: 991
1. APPLICANT'S NAME: Joe H. Allston
2. LOCATION OF PROJECT SITE: 113 Tuna Drive in Holden Beach adjacent to Canal #3 off
of the AIWW in Brunswick Co. Lot 156 Harbor Acres Subdivision
Photo Index - 1995: 4 -35 R,20 S,20 1989:184 -36 M, 4 1984:10 -83 0,23
State Plane Coordinates - X:Not Available Y:Not Available
3. INVESTIGATION TYPE: CAMA & D &F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6 -11 -97
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 5 -29 -97
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Holden Beach
Land Classification From LUP - Limited Transition: Low Density Residential
(B) AEC(s) Involved: EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - None
Planned - Bulkhead to stabilize shoreline
(G) Estimated Annual Rate of Erosion: NA
Source -
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non - Vegetated Wetlands 350 sa.ft.
Shallow bottom
(C) Other
(D) Total Area Disturbed: 350 sq.ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a bulkhead across his 50 ft
lot, aligning with adjacent bulkheads.. That alignment would be approximately seven feet
waterward of mean high water and would incorporate approximately 350 sq. ft. of unvegetated
intertidal bottom.
Allston
Page 2
9. PROTECT DESCRIPTION
The project site is an undeveloped residential lot located at 113 Tuna Drive in Holden Beach, NC, in
Brunswick County. The lot is 50 feet wide and approximately 125 feet in depth, on man-made Canal
#3 off the Atlantic Intracoastal Waterway. The average elevation of the lot is approximately six feet
above mean sea level (MSL). Lots on either side of the applicant's property are already bulkheaded and
extend approximately seven feet waterward of the mean high water mark. The waterward portion of the
applicant's property is tidally inundated. Mean high water currently rises between the two bulkheads
and appears to be causing erosion on the applicants property. The shoreline is not stabilized and is an
active unvegetated intertidal zone approximately twenty one feet in width of which seven feet extends
landward of the existing adjacent bulkheads on either side of the lot. An escarpment exists immediately
landward of the intertidal zone. Vegetated high ground consisting primarily of upland grasses and weeds
exists landward of the escarpment. No coastal wetlands were observed on the property.
The waters of the finger canal adjacent to the .project area are classified SA waters by the NC
Division of Environmental Management. The waters are CLOSED to the harvest of shellfish and are
not designated as Primary Nursery Area by the NC Division of Marine Fisheries.
The applicant proposes to construct a bulkhead in an alignment with the existing neighboring bulkheads,
seven feet waterward of mean high water. The bulkhead would be 50 feet long and constructed in
compliance with local and State building codes. The bulkhead alignment would result in the
incorporation of approximately 350 sq. ft. of intertidal habitat.
The proposed structure would require approximately 50 cubic yds of backfill from an approved upland
source.
10. ANTICIPATED IMPACTS
The proposed project would incorporate approximately 350 square feet of inter- tidal, shallow bottom
habitat. No filling of coastal wetlands are anticipated from this project.
Submitted by: Jerry A.Parker Date: 06 -12 -97 Office: Wilmington
BRUNSWICK SURVEYING, INC.
Thomas W. Morgan, R.L.S.
May 14, 1997
NAR.RAT I VE
Mr. Allston received a permit for this project in 1991,
unfortunately he did not realize that the permit had an
expiration date. When Mr. Allston started preparing to
construct the bulkhead and found that his permit had lapsed
he asked me to help prepare the new application.
Attached you will find copies of the old permit and comment
letters along with the deed, site plan and a new application.
The proposed bulkhead is to connect between the bulkheads on
either side. The elevation of existing ground is
approximately 2' NGVD (MHW is 2.9'NGVD), (MLW is -1.8 NGVD).
There is no marsh grass in the proposed fill area. The area
behind the bulkhead is to be filled with clean sand from a
permitted mine.
Thank you for your time and consideration.
Sincerely,
, O"o-- ':;r� 'ooz—
Thomas W. Morgan, RLS
enclosure
TWM /pth
i
C0Ar + . �
1027 Sabbath Home Road S.W. • Supply, North Caroline 28462 • C910) B42 -9392
Form DCN1 -NIP -1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
--� Holden Beach
1. APPLICANT
c. Street address or secondary road number
a. Landowner: ,J ;i` 1SQ — 113 Tuna Drive
Name Joe H. Allston Gr ?tip ; :. : , _.::,i _ .d; Is proposed work within city limits or planning
jurisdiction? X Yes No
Address 4214 Bethel Church Road, #N24 e. Name of body of water nearest project (e.g. river,
City Columbia State SC creek, sound, bay) A.I.W.W.
Zip 29206 Day Phone 803 - 787 -8746
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any) 113 Tuna Drive
NOTE: Permit will be issued in name of landowner(s), and /or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
Revised 03/95
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.
Build a bulkhead with backfill
b. Is the proposed activity maintenance of an existing
project, new work, or both? NO
c. Will the project be for public, private or commercial
use? Private
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. Constructing a bulkhe4�L_
between 2 existing bulkheads to prevent
further erosion,For construction methods
see attached map.
Form DChi -NIP -1
- m Describe existing wastewater treatment facilities.
4. LAND AND WATER lj -- None
I
CHARACTERISTICS �.
T9117
a. Size of entire tract 50'
b. Size of individual lot(s)
c. Approximate elevation c
NWL 6' — N.G.V.D.
x 125' _ . " n. Describe location and type of discharges to waters
C0AS1_,AL. Ni,; ,NAG;F- 'iO4Tof the state. (For example, surface runoff, sanitary
50' x 125' wastewater, industrial /commercial effluent, "wash
down" and residential discharges.) None
f tract above MHW or
(MHW 2.9 NGVD)
d. Soil type(s) and texture(s) of tract
sand
e. Vegetation on tract weeds
f. Man-made features now on tract none
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural x Other R1
h. How is the tract zoned by local government?
R1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(attach zoning compliance ccrrificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
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 X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? No
( atrach documentation, if available)
Revised 03/95
o. Describe existing drinking water supply source.
City Water Svstem
5. ADDITIONAL INFORMATION
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 S 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 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
Form DCNI -NIP -1
MAY 2 9 1997
site. Include highway or secondary road (SR) .
numbers, landmarks, and the like. TAL" li'' "' ` 6ti1LC RTIFICATION Ah-D PERMISSION
COAL
TO ENTER ON LA-N-D
• 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 Marilvn W. Barnhill
Address 2991 St. Claire Road
Phone Winston Salem, NC 27106
Name Dale P. Bost & William am raokPy
Address _1810 Chernkee nri„uo
Phone Fayetteville, NC 28303
Name 910 - 484 -9522
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
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 ;n 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 day of /�, 19 0 r7- .
Print Napn-er /Sign aturriZed Agee
Please indicate attachments pertaining to your proposed
project.
— DCM MP -2
Excavation and Fill Information
x DCM MP -3
Upland Development
— DCM MP-4
Structures Information
— 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.
Form DCM -W -Z
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
(MLVf� or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shorvUrc
tabi!i7e icn)
RevUed 43/95
ArerW Final
Exktw Project
Length Width Deptb Depth
K/V ( 2 ,fir i97 ---
r
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards None
b. Type of material to be excavated N/A
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 None
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area?
Yea 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?
Form DCM -MP -2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes x_ No
f. Does the disposal include any area in the water?
Yes No
3. SHORELLNE STABILIZATION -,� ,
a. Type of shoreline stabilization
x Bulkhead Riprap
b. Length 50' COA C-
c. Average distance waterward of MHW or NWL
5'
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?
L,
Yes No
If yes, ± j
�J11�Y `l 19,a (1) imensions of fill area
(2),_fPurpose of fill
TAL
d.' Maximum distance waterward of MHW or NWL
—WW
e. Shoreline erosion during preceding 12 months
N/A
t5ourrt of itVor=t on)
f. Type of bulkhead or rprap material
wood 2.5 TrEa —t-
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill less than 50 vards
5. GENERAL
a. How will excavated or fill material be kept on sit:
and erosion controlled? placed behind
bulkhead
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
backhoe
c. Will wetlands be crassed in transporting equipment
h. Type of fill material sand to project site? Yes _may! No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material permitted mine
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
Revised 03/95
App t or P /" `- Name
Sk-
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Dutt
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