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HomeMy WebLinkAbout19970998 Ver 1_Complete File_19971203State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Michael Morgan, Town Manager Town of Holden Beach 110 Rothschild St. Holden Beach, NC 28462 Dear Mr. Morgan: F= F=1 December 3, 1997 Brunswick County WQC 401 Project #970998 FILE COPY You have our approval, in accordance with the attached conditions, to place fill material in 0.374 acres of wetlands or waters for the purpose of constructing a public street at Ocean Blvd. and McCray St. as you described in your application dated November 24, 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 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Central Files John Parker,DCM 970998.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Ad., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled /10% post consumer paper a M- Town of Holden Beach Incorporated 1969 110 Rothschild Street Phone 910 - 842 -6488 Mayor: Holden Beach, North Carolina 28462 Fax 910 - 842 -9315 Jim LOµelI Mayor Pro- 'rem Charlie Bovle Commissioners Robert A Preston Jeff Lee J. Alan Holden Georgia R. Langley �� Town Manager Michael Morgan Gj •, J December 2, 1997 Wilmington District, Corps of Engineers ATTN: Regulatory Division (Jeffrey Richter) PO Box 1890 Wilmington NC 28402 -1890 Dear Mr. Richter, Reference Action ID No. 199800378. In response to your letter of November 25, 1997, the following information is provided. Per item (a) in paragraph four of your letter. The plan to locate McCray Street on the east end of Holden Beach, in such a manner as it crosses 404 wetlands, was carefully reviewed in relation to causing minimal environmental damage in the area available, within which such a road could be constructed. Many years ago, McCray Street was platted and assigned to the Town for future right -of -way purposes. The location of the road at that time was placed essentially parallel to Ocean View Boulevard (the road now being replaced due to encroachment of the ocean hazard). Fortunately, the McCray Street right -of -way was available when it became necessary a year ago to move main traffic flow farther away from the ocean hazard. Land on either side of the platted right -of -way was originally and is now privately owned and therefore not reasonably available to the Town for purchase or other acquisition, in order to locate the road in another location outside of wetland areas. Thus, the construction location of McCray Street is governed by the existing right -of -way which passes through 404 wetland areas adjacent to the road. Note that McCray Street is to be a state - maintained road; in effect a part of NC State 1116. In order that it would be possible to connect McCray Street to an existing part of Ocean View Boulevard, the Town was required to acquire a deed to a portion of private property (at no cost to the Town). That area contains a portion of wetlands to be disturbed. There is no other reasonably available alternative to running the right - of -way through this newly acquired section, for it is the shortest, and overall least environmentally damaging route for the road to take. There are no "upland" alternatives to locating McCray in any other location due to the already platted location of the road. In addition, there would be no feasible way for the Town to acquire an amount of privately owned land in upland areas within which to build a suitable replacement to Ocean View Boulevard. The area in which we would have to seek land is part of a privately owned and maintained subdivision (Dunescape). In summary, while there were no other alternatives to locating the road, we did seek to minimize the length of the road as much as possible. Per item (b) in paragraph four. During construction, the Town, and the State of North Carolina Department of Transportation, Wilmington District (who are doing the work in concert with each other) intend to control and mitigate surface water run -off from the construction area onto adjacent wetlands by the erection of erosion control fencing, ditch -work construction to contain water run -off ark allel to the road and not onto wetlands, and through minimal cut -back of existing vegetation in the affected wetland area. The Town has a strong commitment to environmental considerations in all work that we do involving disturbing any upland or wetland area. Our Land Use Plan is especially effective in its direction to make all developments on Holden Beach environmentally sensitive. In planning discussions with the State DOT, the NC Division of Coastal Management, and with Town employees, these points have been consistently stressed — not only as far as McCray Street is concerned, but with all similar projects. Per item (c) of your letter. Our plan to mitigate minimal wetland damage essentially involves the control of road surface water runoff through the construction and careful maintenance of parallel drainage ditches on either side of the road. In addition, the Town is presently completing an island -wide Stormwater Management Plan, a portion of which involves McCray Street. The Town intends to immediately vegetate (sow grass) on areas affected by construction along the shoulders of the road, and to nurture the return of as much other natural vegetation in the affected area as is possible. The area in question contains very thick stands of wax myrtle and other vegetation that grows quickly. The Town intends to foster that growth up to the completed road right -of -way and has every reason to believe that the area adjacent to the road will return (in good measure) to its original (present) condition. The Town and its residents value such vegetation and its beauty, which is consistent with the residential nature of the Town of Holden Beach. As an additional item not requested, it is important to note that the Town has been in coordination with Environmental Engineer Linda Lewis of the NC Division of Coastal Management (Division of Water Quality) concerning the need to prepare a formal Sedimentation and Erosion Control Plan for this project ( Stormwater Project SW8 970941). Apparently there is some question within her office whether or not such a plan is required (today) for a State Road project of this nature. Should such plans be required, however, the Town will immediately respond and has already retained the services of a qualified Engineer to support that contingency. In summary, the Town recognizes that it has an obligation, not only to the federal and state government, but to our residents and property owners to protect and sustain their natural environment as much as is reasonably possible, considering development on a barrier island in North Carolina. Holden Beach has always been a "family oriented" community, with very limited commercial development. By far the largest amount of land disturbing activities on our island involve single - family residential development and the infrastructure to support such growth. Our enforcement of CAMA requirements has been and remains consistent and through. It is my view as Town Manager that there are few things more sacred to our citizens and property owners, than the need to retain the natural character of the island. For that reason, I can assure the Corps of Engineers that it is our intent to fully meet the requirements of the U.S. EPA and Department of the Army MOA pertaining to the disturbance of wetland areas. Sincerely, Michael Morgan O Town Manager CF: Jerry Parker, DCM Linda Lewis, DWQ John Dorney, DWQ State of North Carolina Department of Environr and Natural Resources Wilmington Regional Offi Division of Coastal Manages James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: R • NOV 0 1199? NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 13, 1997 Mr. A. Preston Howard, P.E., Director Division of Water Quality John R. Parker Major Permits Processing Coordinator CAMA /DREDGE & FILL Permit Application Review Town of Holden Beach /Major Mod to #47 -97 9 �v 9,W Q� Ocean Blvd East & proposed McCray St, on the east end of Holden Beach, Br_u_ n5wwick Co The construction of a public street to provide access and service to the residents on the east end of Holden Beach Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 5, 1997. If you have any questions regarding the proposed project, please contact Jerry A. Parker at extension 254. When appropriate, in -depth comments with supporting data is requested. REPLY: V 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 —qnvb � DATE 12,1111-7 127 North Cardinal Drive, Wilmington, N.C. 28405 -3845 0 Telephone 910 - 395 -3900 • Fax 910 - 350 -2004 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 November 25, 1997 IN REPLY REFEH IU Regulatory Division Action ID No. 199800378 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611 -7687 Dear Mr. Dorney: Enclosed is the application of the Town of Holden Beach for Department of the Army authorization and a State Water Quality Certification to construct an 18- foot -wide, approximately 1,425- foot -long asphalt paved public road with 8 -foot shoulders, incorporating 16,300 square feet of jurisdictional wetlands adjacent to the Atlantic Ocean, to provide access to residents on the east end of Holden Beach, in Brunswick 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 January 25, 1998, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251 -4636. Sincerely, ^,'.Jeffrey H. Richter Project Manager Wilmington 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 To: John Dorney Environmental Sciences Branch APPLICATION DIVISION OF WATER QUALITY CAMA MAJOR PERMIT REVIEWER: STEENHUIS ACTING WQ SUPERVISOR: SHIVER DATE: November 18, 1997 WETLAND INFORMATION FOR CENTRAL. OFFICE TRACKING PERMIT YR: 97 PERMIT NO.: 970998 COUNTY: Brunswick PROJECT NAME: Town of Holden Beach/ Construction of second section of McCray Street PROJECT TYPE: Road Construction PERMIT TYPE: CAMA COE #: N/A DOT #: N/A RCD FROM CDA: DCM DATE FROM CDA: November 10, 1997 REG OFFICE: WiRO RIVER AND SUB BASIN #: 030759 *STREAM OR ADJACENT WATER BODY: Atlantic Ocean CLASS: SB STREAM INDEX #: 99 -(1) *OPEN OR CLOSED: N/A WL IMPACT: Yes WL TYPE: STR WL REQUESTED: 0.37 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 OFe , Ul STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The Town of Holden Beach proposes to construct a public street to provide access and service to existing residents on the east end of Holden Beach. A major mod. To Permit #47 -97 WATER QUALITY CERT. (401) CERT. REQ' D: Yes IF YES, TYPE: General Certification #3112 for CAMA projects SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER /WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 16,300 sq. Ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 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.) RECON NUMED CONDITIONS OR PERNIIT 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- Jerry A. Parker John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Holden Beach /Major Modification Permit #47 -97 2. LOCATION OF PROJECT SITE: Ocean Blvd. East & proposed McCray St., east end of Holden Beach. Photo Index - L995: 4 -40 S,T 6 -8 1989: 184 -27 R,S 14 -16 State Plane Coordinates - X:2228800 Y:60600 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10 -7 -97 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 10 -22 -97 < Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Holden Beach Land Classification From LUP - Limited Transition /Low Density Residential (B) AEC(s) Involved: OH Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - None (F) Type of Structures: Existing - None Planned - Public road within right -of -way (G) Estimated Annual Rate of Erosion: 4 ft. /yr. _ Source - 1986 LTAAER pg. 1 of 14 7. HABITAT DESCRIPTION: [AREA] DREDGED BILLED OTHER (A) Vegetated Wetlands 16,300 sq.ft. "404 type" (B) Non - Vegetated Wetlands (C) Other 54,950 sq.ft. Highground disturbance (D) Total Area Disturbed: 71,250 sq. ft. (E) Primary Nursery Area: N/A (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: The Town of Holden Beach proposes to construct a public street to provide access and service to existing residents on the east end of Holden Beach. Town of Holden Beach \McCray Street Modification To Permit #47 -97 Page 2 ' ' ' 1 1 17►1 The project site is located on Holden Beach, east of the high -rise bridge over the Atlantic Intracoastal Waterway, beginning at the intersection of Ocean View Blvd East and Blockade Runner Street. The east end of Holden Beach has experienced significant beach erosion in recent years as can be attested by the high number of demolitions and relocations of beach front homes. This erosion has resulted in a large section of Ocean View Blvd East becoming perilously close to the escarpment line created by the Atlantic Ocean. Ocean View Blvd East is the single road providing access to public and private property on the east end of Holden Beach. The unfortunate possibility of continued erosion has led to the long term solution of construction of McCray Street which is proposed to be located landward of Ocean View Blvd East. The Town of Holden Beach traversed through the convoluted process of obtaining property right -of -ways, applied for a major permit and received by variance a permit for construction of McCray Street. A stipulation of the variance was no paved roads within 180 feet of the first line of stable natural vegetation (FLSNV). Also, only sand or gravel roads would be permitted within 90 feet of the FLSNV. Unfortunately, when the application for that permit was prepared (for approximately 950 feet of road), a major section of the required road right -of -way was omitted by Town management (an additional 1425 feet of road). The Town is now requesting a modification to Permit #47 -97, whereby they may obtain a permit to complete the construction of McCray Street. Failure to obtain the modification will nullify the benefit of the already permitted section of the road because a large section of Ocean View Blvd East right -of -way would still remain within close proximity (approximately 35 ft.) of the FLSNV. It should also be noted that the frontal dune system nearest the project site has recently been renourished (Summer 1997). Prior to renourishment, the Division of Coastal Management required the Town of Holden Beach to survey the FLSNV. The FLSNV shown on the submitted plats represent the surveyed line established (April 1997) before beach renourishment. The project involves constructing an 18 ft wide asphalt -paved road with 8 foot shoulders inside a 50 foot State maintained right -of -way. The section of road is approximately 1425 feet long. The right -of -way runs parallel, approximately 210 feet landward of Ocean View Blvd East from its eastern terminus at Dunescape Drive to Avenue A. The remainder of the proposed McCray Street angles oceanward toward Ocean View Blvd East and intersects at Blockade Runner Street. The angled section of McCray Street represents that portion of the project which is within the Ocean Hazard setback. Paved surface area is approximately 25,650 sq. feet. The applicant is proposing little till material to be brought onto the site. The road is to be maintained by the Department of Transportation (DOT) of the State of North Carolina and design and construction of the road will be completed under their jurisdiction. Preliminary design of the roadway has been completed by the Wilmington District of the State DOT. The State DOT has surveyed the right -of -way for the proposed new section of McCray Street and preparation of the sub -base for the already permitted first section is underway. The topography of the new section is basically the same as described in Permit #47 -97, i.e., small, rolling sand ridges (Newhan fine sand), with typical maritime shrub thicket vegetation, predominately, Wax Myrtle and Groundsel -tree (Baccharis_halimifolia), with Yaupon, Smilax, Wild Grape and an occasional Red Cedar and Pine also observed. The Corps of Engineers has delineated existing 404 wetlands within the project area which were mapped on August 15, 1997. There are three areas of 404 wetlands located within the 50 ft right -of -way of the proposed project. The total area of 404 wetlands proposed to be tilled inside the 50 ft right - of -way is 16,300 square feet. The project site is within the Ocean Hazard Area of Environmental Concern as designated by the NC Coastal Resource Commission. The waters of the Atlantic Ocean are classified as SB waters by the NC Division of Environmental Management. Since the issuance of the variance for permit #47 -97, the erosion rate in that area has increased from three feet per year to four feet per year, thus increasing the setback for large structures to 225 feet. Paved roads are considered large structures by the Division of Coastal Management. Town of Holden Beach \McCray Street Modification To Permit #47 -97 Page 3 The proposed clearing and grading of the road right -of -way would disturb approximately 71,250 square feet of total area. The project would incorporate 16,300 square feet of "404 type" federal jurisdictional wetlands. The project does not involve placing fill in any coastal wetlands. The project would provide continued access to existing residences on the east end of Holden Beach. Submitted by: Jerry A. Parker Date: November 6, 1997 Office: Wilmington 'Form DCM -MP -1 APPLICA'110N (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Town of Holden Beach Address 110 Rothschild Street City Holden Beach State NC Zip 28462 Day Phone 910- 842 -6488 Fax 910- 842 -9315 b. Authorized Agent: Name Michael Morgan, Town Manager Address 110 Rothschild Street City Holden Beach Zip 28462 Fax 910 - 842 -9315 State NC Day Phone 910- 842 -6488 c. Project name (if any) Construction of second section of McCray Street N07E. Perndt will be issued in name of iando~r(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT B a. County Brunswick Revised 03195 b. City, town, community or landmark Holden Beach c. Street address or secondary road number East end of island 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) Atlantic Ocean, Long Bay 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. Fill, grade, and surface (rock and asphalt) a 18 foot wide state - maintained road inside a 50 foot right -of -way to replace a section of Ocean View Blvd that is dangerously close to being lost to erosion. b. Is the proposed activity maintenance of an existing project, new work, or both? Extension of already approved (CAMA Permit 47 -97) project. c. Will the project be for public, private or commercial use? Public 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. SEE ATTACHED i J I i _:�) REF 3 0 1997 -= Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Approx. 71,250 sq.ft. of new road b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL generally, right -of -way is +/- 10 feet above MSL d. Soil type(s) and texture(s) of tract Newhan -- Corolla Complex e. Vegetation on tract Wax Myrtles, undergrowth f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local lane use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? R -1 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, 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 X If yes, has a delineation been conducted? Yes (Anach documentation, if available) Revised 03195 m. Describe existing wastewater treatment facilities. N/A 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.) N/A o. Describe existing drinking water supply source. N/A 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 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.02031 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 \J r SEP 3 0 1997 C)Nf OF 'JOASTAi_ 1V1Af,1AGEMEWT 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 Elwood Newman, 121 Durham St Address Holden Beach NC 28462 Phone John M. & David Holden 111 Dunescape Dr Holden Beach NC 28462 Name Address -- Ellen Rogers, 405 Iona Street Phone Fairmont, NC 28340 Name -- Patricia Rogers, 403 Iona Street Address Fairmont NC 28340 Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit 47 -97, issued 4/8/97, for section one of McCray Street construction • 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. VA This is the ��day of V 19 �� Print Name J. Michael Morgan Y Signature $- or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information 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. i t ._ EP 30 1991 r- CAS7A.L MA(OAGEMENT Form DCM -MP -2 EXCAVA'tION 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 N/A Boat ramp Rock groin Rock breakwater Other (Excluding ahoreline stabilization) Revised 03195 Average Final Existing Project Length Width Depth Depth 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards o 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 No d. Highground excavation in cubic yards N/A 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? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No N/A If yes, where? I -�� SEP 3 0 1997 � `- • Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No N/A f. Does the disposal include any area in the water? Yes NO N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A 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? X Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water 0 (2) Dimensions of fill area 50x600 feet (3) Purpose of fill bring road to grade b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area same as above 50x600 feet (2) Purpose of fill To bring road to grade 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Stormwater Management Plan and Erosion Control Plan are beinq prepared to properly control erosion and to maintain fill material to grade. These plans to be provided separately to this application. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Road grader, dump trucks, paving equipment. c. Will wetlands be cr3ssed in transporting equipment to project site? Yes x No If yes, explain steps that will be taken to lessen environmental impacts. Town of Holden Beach Construction of Second Section to McCray Street Applicant or Project Name J. Vichael Morgan, Town Manager SE P 3 0 1997 GAST,Ai_ III /Ai,j AGi_MIE 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 -1. 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 One road b. Number of lots or parcels N/A c. Density (give the number of residential units and the units per acre) N/A 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? Yes X No If yes, date submitted Plans underway and will be submitted i. Describe proposed method of sewage disposal. N/A j. Have the facilities described in Item i. above received state or local approval? N/A (Attach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. Approx. 50 x 1425 feet sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges). N/A 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? Yes X No If yes, date submitted Plans underway and will be submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt 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. 0 Revised 03/95 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) N/A m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Town of Holden Beach Construction of second section of McCray Street Applicant or Project Name J. Michael Morgan, Town Manager e 9122_1 - SEP 30 1997 ;i(F C) ,,f_AS T AL MAi iAGF_MEN T Town of Holden Beach Permit Application Maior Modification to Permit 47 -97 -- Construction of Second Section of McCrav Street. ATTACHMENT: Item 3d. (Description of Project) Due to the severe effects of erosion, a major section of State - maintained Ocean View Blvd. (the single road providing access to public and private property on the east end of Holden Beach) the Town requested and obtained a permit to construct McCray Street (Permit 47 -97). Unfortunately, when the application for that permit was prepared (for approximately 950 feet of road), a major section of the required road right -of -way was omitted by Town management at the time (additional 1425 feet of road). Regardless, the second section of the road must be constructed or else the main benefit of constructing the already permitted section of the road will be lost, due to the location of Ocean View Blvd. to the ocean hazard. Thus, this application involves a major modification to Permit 47 -97. The net result of the project will be to move public traffic further away from the ocean hazard. The State Department of Transportation has surveyed the right -of -way for the required new section of McCray Street, and preparation of the sub -base for the already permitted first section is underway. The Corps of Engineers has delineated existing 404 wetlands and has mapped same as of August 15, 1997. The project involves constructing an 18 -foot wide asphalt -paved road with 8 -foot shoulders, inside a 50- foor State maintained right -of -way. The section of road is approximately 1425 feet long. Paved surface area is approximately 25,650 sq. feet. Cut and fill for the road sub -grade should balance out, meaning that fill materials to be brought into the site (or taken away) will be minimal. The road is to be maintained by the Department of Transportation of the State of North Carolina and the design and construction of the road will be completed under their jurisdiction. Preliminary design of the roadway has been completed by the Wilmington District of the State DOT. When construction begins (following approval of this application) it is anticipated the project can be completed in 1 -2 months, depending on the weather. Normal construction procedures are to be followed using State DOT contracted personnel and equipment. cFF 3 0 1997) `J -'� AL M, -,i GEMENT Construction of Second Section to McCray Street Town of Holden Beach, NC Scale 1 inch = 200 feet McCray Street -- Second Section iv ca Y U _O m Ocean -view \ - --- -- Approximate location 404 wetlands _- - - - Biqa 7St Ocean View Blvd. East • -` .--------------------------------------------------- .-------------- - - -- -- - Atlantic Ocean I _ Approximate first - line -of- vegetation, April 19 J ,Iq i i SEP 30 1997 E)IVISIot`,, OF Vicinity Map for location of project COASTAL MAU DEMENT Document prepared by the Town of Holden Beach. 50' right -of -way -- - -: - -- 18' pavement --- -sL - -- Shoulder slope either side Shoulder - 1" per foot slope of centerline is 114 " per foot 1" per foot slope McCray Street Cross Section Not to scale Description of project: Construction of an 18 -foot by approximately 1425 -foot paved asphalt road connecting at the intersection of Blockade Runner & Ocean View Blvd. East, and then running within a 50 -foot wide right -of -way to meet with the First Section of McCray Street at Dunescape Drive. The road is to become a NC State DOT maintained roadway, and is to be constructed under their jurisdiction. The Corps of Engineers has delineated the location of 404 wetlands, and has mapped them as of August 15, 1997. Approximate location is shown on plan above. Cut & fill for the subgrade of the road should balance out, thus limiting fill materials to be brought in or taken away. Erosion Control & Stormwater Management Plans are being prepared. ATTACHMENT 2: TOWN OF HOLDEN BEACH MAJOR MODIFICATION OF PERMIT #47 -97 The attached Plat Map is included with additional information to support application for CAMA Permit Modification. The Plat Map is a composite of two separate maps prepared by Brunswick Surveying, Inc. Thomas Morgan, Land Surveyor. Important data depicted on the Map are: The Square Footage of 404 Wetlands proposed to be filled are shown in the darkened area (three each). • Area one (left side) has: approximately 8800 sf • Area two (center) has: approximately 5000sf • Area three (right side) has: 2500 sf • Total 404 Wetlands (approximate) to be filled inside 50 foot right -of -way is: 16,300 sf. 2. Road (18 feet paved inside 50 foot right -of -way, with filled shoulders) has approximately 23,940 sf of asphalt surface. 3. Road is inside 180 foot setback from FLSNV (located approximately 170 feet from that line) at Transect One, on far left side of Map. Also attached is a copy of the NC General Warranty Deed land inside the right -of -way from Avenue "A" to Blockade Runner. This is the curved area at the far � of the Map. The remainder of McCray Street has always been a plated and properly recorded street within the Town of Holden Beach, and is thus under the control of the Town. 1 L OCT 22 1997 � -J DIV _'10[ \1 O'= COASTAL MAIJNGEMENT 97 -169 EXHIBIT A DESCRIPTION OF THE McCRAY STREET EXTENSION CONNECTING THE WESTERN END OF McCRAY STREET TO OCEAN VIEW BLVD. EAST FOR THE TOWN OF HOLDEN BEACH, BRUNSWICK COUNTY, NORTH CAROLINA COMMENCING AT MONUMENT "HB 6 ", (N.C. GRID COORDINATES: N = 60,741.637 AND E _ 2,224,630.473); THENCE N 87 -02 -33 E 1337.90 FEET TO MONUMENT "HB 5 ", (N.C. GRID COORDINATES: N = 60,810.663 AND E = 2,225,966.591); THENCE N 86 -54 -15 E 104.08 FEET TO A POINT ON THE NORTHERN LINE OF OCEAN VIEW BLVD. EAST, THE POINT OF BEGINNING; THENCE WITH THE NORTHERN LINE OF McCRAY STREET EXTENSION, A NEW STREET, THREE COURSES: (1) A CURVE TO THE LEFT: ARC = 86.90 FEET, RADIUS = 175.00 FEET, DELTA = 44.37 DEGREES, TANGENT = 100.00 FEET, BEARING = N 61 -26 -09 E, CHORD = 86.01 FEET; (2) N 47 -12 -34 E 92.20 FEET; (3) A CURVE TO THE RIGHT: ARC = 122.08 FEET, RADIUS = 225.00 FEET, DELTA = 62.59 DEGREES, TANGENT = 100.00 FEET, BEARING = N 62 -45 -13 E, CHORD = 120.59 FEET TO A POINT IN THE WESTERN LINE OF AVENUE A; THENCE WITH THE WESTERN LINE OF AVENUE A, ONE COURSE: (1) S 01 -19 -50 W51.72 FEET TO A POINT IN THE SOUTHERN LINE OF THE AFORESAID McCRAY STREET EXTENSION; THENCE WITH THE SOUTHERN LINE OF McCRAY STREET EXTENSION, THREE COURSES: (1) A CURVE TO THE LEFT: ARC = 83.28 FEET, RADIUS = 175.00 FEET, DELTA = 42.45 DEGREES, TANGENT = 100.00 FEET, BEARING = S 60 -50 -35 W, CHORD = 82.50 FEET; (2) S 47 -12 -34 W92.20 FEET, (3) A CURVE TO THE RIGHT: ARC = 35.01 FEET, RADIUS = 225.00 FEET, DELTA = 17.54 DEGREES, TANGENT = 100.00 FEET, BEARING = S 5140 -03 W, CHORD = 34.98 FEET TO A POINT IN THE NORTHERN LINE OF OCEAN VIEW BLVD. EAST; THENCE WITH THE NORTHERN LINE OF OCEAN VIEW BLVD. EAST, ONE COURSE: (1) A CURVE TO THE LEFT: ARC = 83.92 FEET, RADIUS = 708.15 FEET, DELTA = 42.01 DEGREES, TANGENT = 100.00 FEET, BEARING = N 78 -07 -29 W, CHORD = 83.87 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.29 ACRES. ALL BEARINGS ARE ORIENTED TO N.C. GRID NORTH, N.A.D. 1927. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. i o��.T. 1991 UIVI�;t(_." 11i COASTAL MANAGEMEN "T O 7 5m 614 N 5B6 ws SEED 3 z'i'i' x111 600 JK—" S 53 L acv 556 C4 L2-6-0-S4 65 ,a c � so- % F�Fw co i 50 Y 3 JOHN M. HOLDEN JA-r DAV D L. (RE -U'[ED HOLDEN OMMERS} 25. (A 25' PIPE EAT:MENT \ I1RST LINE OF iANUARY, 1993 - LP4 ��• 615 iiii7l�i;iiri ►►►'►t�t►rrrilr>'r► 5 672 666 673 E 50 56 I 5 0-11 ,owr -� / �I , { I 651 �- Lto2 658 654 0 663 573 ' � IBC 1 645 ^654 0 2CI E 19 8 � �1 1� L93 L94 6� �4 I� � 12 I^ 646 64 6481 AREA 60 :107 681 687 886 6113 7 ,I° 7<73 !- 704 r 705 154 709 711 7'0 — — 1 — — 64 LK. —17 --' — — — — —� L131 13c 29 112 L1 684 _ I I l f,i �� 50 { 50 50 I 628 X132 T 50 7 0 m i 50 -7 5J I { I I p 1 b 3 p `��I 2 4 � �- L $ 100 - 1 2 { 253' 255 Z57 ~ 2594 { 6� 265 f 267 269 { 2-7 > 275 277 { 'm Lao - -- { 50 BLK`. -15 - -- 50 5 I 404 WETLANDS TO BE FILLED 50 50 ; -_, _ -__ 5 a- , 150 i BASED ON: { 291 1 293 USACE, WILMINGTON DISTRICT AUGUST 15, 1997 _ J C ? 2 ` `9, 9 50 I ALLEN LEWIS, REGULATORY SPECIALIST BRUNSWICK STREET J1'': -- ! 50 i — — I SC C h - n rl _y�.__C�CNIT �L r..I'j .� �tv.�. Ell I f l [IM6tRAY,f STREET[UllIlfl f if f I I I I I I l f,i 284 286 I SC I i 50 ®; PAVED PORTION OF ROAD 1 0 �3 o �4 12 110 BLK. -18 g 10� —' 5Q ! 50— r 50 5D - -- { 50 BLK`. -15 - -- 50 5 0607 pg bg10o 5C i 283 295 287 I 289 { 291 1 293 50 5, 50 5C 50 ' 50 I OCEAN VIEW BLVD., EAST 50 I 5C i 50 50 50 50 1 50 i 50 5C 5C 50 ' 0 254, io 256 io258 is 260 l0 262 l0 264 {0266 ;0 268 102^0 .I 272 2 3 4 5 1 fib 7 8 i� 9 10G BLK —16 0 —`50 — 50 J- 5C— L5o —� =C —50— I { r TRANSCECT 1 SHOWS PROJECT- 7 moo— I 50 T 5C 5C 50 50 170 FEET FROM FLSNV { fi b ,o o FIRST LINE OF VEGETATION (( 2 p 3 4 0 5 7 8 1° 9 0 10�; APRIL, 1997 I I j ! BLI4. -1 i I i i f THOMAS MORGAN, LAND SURVEYOR 50 — SC— _ 50 - 50 _ — - — - 50 5C J — 50— L_ 50 50 TRANSCECT 2 SHOWS PROJECT 280 FEET FROM FLSNV 6 2?8 28^ 2 284 286 288 , 29C 292 294 t�2 1 0 �3 o �4 v �5 6 r7g ;gig g 10� BLK`. -15 5C —50 — — 50— — -0 —50 — _ 5C— 50 — —5C — — 50— 5C BRUNSWICK STREET -- ! 50 i — — I SC { 50 ! 50 --- - - - - { 50 I 5C -- 50 — — — ' 5- — 5C 5C — 1 p 2 p'3 Q4 . 5 � P 1 6 7 c c 8 9 0 10c BLK. -2 { ± _ 50 50 y 50 — — 50 — — 50 — 50 SCALE 1 INCH= 100 FEET BE/�tIG DISTANCE UNE SEARING DISTANCE LINE 97ARING DISTANCE LINE 1£ARM D1SToUNCE -!NE SEARING DISTANCE LINE SEARING DISTANCE _:NE 9EARNG DISTANCE N c+ -�r�wc a 51 5 44'4b'S1'W t4.42 75 S 573 -r5l*W 18.44 'G! N 66'a72'E 18.75 126 S 5719'42'W 22.69 151 S 2252'35'E 25.5✓5 -- -7 c 45'11'36` 14.93 '02 N 7251'26'E 15.26 127 S 84'31'30'W 35.03 15�2T S 62 1'aL'E 22.82 - — �a w .zo70 t0'W 56.03 153 S G'28'50 'W 25.9; .. _....... wn ,. —