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HomeMy WebLinkAbout19970924 Ver 1_COMPLETE FILE_19920101January, 30 1998 MEMORANDUM TO: John Parker THROUGH: John Dom 4P FROM: Eric Fleel SUBJECT: Escoba Bay HOA Based on a review of the available information, NCDWQ does not object to the issuance of the CAMA permit for this project (given the 401 conditions and the prohibition of new dredging in PNAs). If there are any further questions please feel free to call at (919) 733-1786. 7671 Date ( 3 a f ost-W Fax Note From /IG ?To Co. Y11 _ I NCDEHNR WI RO Fax : 9103502004 Jan 29 '98. 13:38 P.02 Utate,at North Carolina aepaftmedtof •Emr IroPi e' nt, 1 :wealth •ifid• Nat'OM: R•e•'sources WPftt'tington"Regional QfFice I. C D IEN .4 :-Division of Water'Qu, ality N NORTH CAROUMA 0V-AgTMjNT Or James B. Hunt, Jr., Governor ! EwptohMENTAw NauRA? Resotmcm Wayne McDexilu, 5edretary January 29, 1998 .'t'0: : Eric P'leek FROM: Joanne Steenhuis .3 S,fEtrT: : 'Escoba Day HOA-But Ramp .The bigge-at prpblem I have concerning this project ",4keliWW. that the homeowners in the futarc will ask ;Jar a ar. keep,ihe ramp open (if it is as shallow as Fritz R" died"permifW deepen the n L np area fne larger boats! ancV says it is).. !U 401 Permit should emphasize that no fubZe dredging will be allowed for the project; even if the boat ramp becomes unusable. The area being PNA wafters eliminates. dredging as a future option to the homeowner- 127 Cardinal Drive Extension, Wilrnington, MC 2.8405 T.elophone 970-395-3800•+!Fax 910-360-2004 An Equal Opportunity Affirmative Action Employer State 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 dft C) EHNR Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 Date v e oe FAX TO: J o /+A (it 0 V i 5 1 FAX NUMBER: FROM: Ce4 PHONE: q(`l -? 33-(2 ?G NO. OF PAGES INCLUDING THIS SHEET: j (1c-t J41 1 our 4-0( W `aC C--er i- i ? (c a C I 4-0 J 7 L,F Y c? Ina J ? are ?ar ?? ?ol.{?, l1 ??(? ems, y Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper r Ir State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director MEMORANDUM / TO: John Dorney Patti Fowler Jeff Richter Fritz Rohde John Sutherland Bennett Wynne FROM: John Parke January 8, 1998 rj? 14"1% ??.??ICES _ SUBJECT: Escoba Bay HOA In late fall of the year past, we reviewed with your help, a fairly inocuous looking HOA boat ramp project, off of Charles Creek, in Onslow County. As we were about to put this to rest with the last of the 1997 permit numbers, Charles Jones recalled that we had possibly denied a ramp in this location in the late 1980s. We did. On October 5, 1989 by permit condition, we deleted the ramp due to objections from DMF, DWQ and DCM staff. The primary concern was shallow water boat kicking in a PNA, SA open area. The only difference today is that the area is reportedly closed. Janet Russell, who worked this project for our Wilmington office, was unaware of the 1989 record due to her time on the job. The purpose of this memorandum is not necessarily to solicit objections but to revisit this issue and ask if we were wrong in 1989 or about to be wrong in 1997. A few other details: 1) The COE did not object in either review. However, EPA objected to the most recent request; 2) Shellfish did not object in either review. For various reasons, including a lot of houses, we now have the area closed and I am asking Shellfish to brief us as to when and why they had the area closed; 3) Finally, Janet reports that there are a few single family ramps in the Bay. Any of you who have the opportunity may wish to further investigate to determine if there are obvious problems, such as kicking, with those facilities. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post-Consumer Paper Memorandum Page 2. January 8, 1998 A complete set of the unfavorable comments are attached so we can better understand what each other is thinking. There is no justification for placing the application on hold so your comments are needed ASAP, or by January 30. JP/aw cc: Charles Jones Frank McBride Janet Russell Linda Sewell Bob Stroud Ski Wojciechowski Attachment d? ® North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. J Division of Coastal Management FROM: Bennett Wynne Habitat Conservation Program Date: November 7, 1997 Subject: CAMA/Dredge and Fill Permit Application for Escoba Bay HOA, Meridian Drive, Sneads Ferry, Onslow County, North Carolina. Staff biologists with the Wildlife Resources Commission have reviewed the project and associated impacts on wildlife and fishery resources in the area. A site visit was conducted on November 4, 1997. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128). The applicant proposes to construct a community boat ramp and pier with a small parking area on Charles Creek. The boat ramp will require filling of about 600 square feet of federal and coastal wetlands. The pier will shade approximately 3250 square feet of public trust waters. It will not provide any mooring slips. This section of Charles Creek is classified as SA waters, is a Primary Nursery Area (PNA), and is open to shellfishing. We are concerned about the potential adverse impacts to estuarine fauna resulting from turbidity associated with the construction of the boat ramp and associated pier. Elevated turbidity could reduce water quality in this highly sensitive area and stress estuarine organisms. Excessive turbidity is particularly damaging to egg and larval life stages of estuarine organisms. Also, because boat launching facilities will be located on site, the potential for the construction of numerous individual piers and docks on waterfront properties exists. Cumulative negative impacts to coastal wetlands and adjacent waters resulting from individual pier development can be anticipated. Therefore, since this project will be located within SA waters, a PNA, and in waters open to shellfishing, we recommend the following: 1. Construction be prohibited between April 1 and September 30, a period of peak ?' biological activity. r ? 2. Permit be conditioned to deny dissociated with this project or for individual pier construction within the HOA. 0-4 3. `Wet' concrete is toxic to aquatic organisms, therefore the ramp 'gheWd be constructed on up an?d areas and pushed into place once it has dried- 4. Develop a plan to manage construction of individual piers including efforts to minimise impacts to coastal wetlands and adjacent waters. So modified, we would not object to the project. Thank you for the opportunity to comment on this project. If you have any concerns about our comments, please contact Brad E. Hammers at (919) 939-1167. cc: Brad E. Hammers, District 2 Fisheries Biologist 2 NC DWQ WQ ENVSC:i Novomber 4, 1997 ME, MOR.ANDTJM Fax:li ly-WSJ-yy5y iNOV yr iz. 41D r. Ui/VL Post-it* Fax Note 7671 pate Of IT, 1 From uo.loept. Co., Phone # Phone N. Fax xG c? ( o? rv! 1. ` 3.- # ""??? l (J Fax M G (L (4Al.r ( J?"P / ? • TO! John R.. Parker 1'H pUG H: John Dordc FROM: Eric rlc f?' 1'tF3: Meridiali Dr„ I*;SCobit Bet.y S/l?-5rtet?:ds Ferry (ONSLOW.) QWQ:h?I mv1:CWed dle O(YrMri';C;6-0IIk:?1,WlicadolL,Ba cd•oii this, rc`view we have no; strong obj.eCl'ic)t1'Co the project as Proposed. I-lowevcr., to•tni.niinizediw.et.l° qtl;{lily Impacts, to flit.. aretis n'c ?r to <tn<1 ave;would recoinrne°ud Cale adjacen.l.lo T'hlA,Wacers (Ope'li to Shellfish H.,rve.'.ting) of Ch•ar14S C f*" folto,wing: l ) the width (if the beat atuip;be reduL>(l from ?U' •to 15', and`2). m.oniiwat.i;T'1i'oin t1ii? pro,jcet'. should be d rect.ed:tbrOLIgh the dia.iriage es?sentcutwi t« lie w,ell<:tt.i?- .ea <loler or same oUaer device 1; C to reduce the v?,loclty oaf lh.e sr.prtnwtiter.should be Inti'lallCbl Cc) preVeR;l'.llydralI illmage to die, we:dalld areas. Aft !S State 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 LTX.?FA IT A&4 * 1:3 EHNF1 November 6, 1997 Onslow County WQC 401 Project #970924 APPROVAL of 401 Water Quality Certification Mr. Dave McNally -- y.. .k?.. , on 40>-Pf Lane Sneads Ferry, NC 28460 RECEIVED NOV 17 19197 Dear Mr. McNally: COASTAL MANAGEMENT You have our approval, in accordance with the attached conditions, to place fill material in 0.02 acres of wetlands or waters for the purpose of constructing a communil boat ramp and parking area at Meridian Drive, Escoba Bay Subdivision as you described in your application dated October 24, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112:' h addition, you should get anv other federal, state or local permits before you go ahead with your project includiiig--(b4tn5t 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)(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. 1. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. Stormwater from this project shall be directed to sheet flow at non erosive velocities into the remaining wetlands. 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 Domey at 919-733-1786. Mstono Jr. 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 ra?T? ?r 9709241tr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources , Wilmington Regional Office 17L)A. Division of Marine Fisheries d1k James B. Hunt, Jr., Governor E'---' N Wayne McDevitt, Secretary Preston P. Pate, Jr., Director October 28, 1997 TO: John Parker FROM: Fritz Rohde ZI- SUBJECT: Escoba Bay The above project is located in a Primary Nursery Area. The depths present are so shallow that probably only small john boats can be used and then only at high tide. This appears to be marketing gimmick rather than a useful boat ramp. There is no request by the applicant for dredging around the proposed pier or boat ramp. However, in order to prevent any future misunderstandings, the Division of. Marine Fisheries strongly requests that a condition of the permit be "no dredging will.be permitted in the future". -? 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer J66L " k1ticr UNITED STATES ENVIRONMENTAL PROTECTION AGENCY .sue®eT^'? . ? . NOV 2 4 1997 WMD/WCWQGB/KM REGION 4 Atlanta Federal Center 61 Forsyth Street Atlanta, Georgia 30303 OED' ? 1 Pk A- Colonel Terry Youngbluth District Engineer ATTN: Jeffrey Richter Regulatory Branch U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 L5 D r:C 16 1997 DiViSlON OF COASTAL MM4AGEMENT RECEill fa 4 COASTAL AAAJVA,GE _ A4,E1VT SUBJ: ?scoba Bay Homeowners Association 4 Action I.D. No:'1g990 Dear Colonel Youngbluth: This is in response to the above referenced state field investigation report, dated October 23, 1997, for the proposed filling of 600 square feet of wetlands and the shading of 3,250 square feet of waters of the U.S. for the construction of a boat ramp and pier. According to the report, the proposed construction is located on Charles Creek, in Sneads Ferry, Onslow County, North Carolina. No mitigation is proposed. The Environmental Protection Agency, Region 4, Wetlands Section (EPA), has reviewed this proposal and sees no evidence that there was any attempt to avoid or minimize wetland impact generated by this project. Prior to a discharge of fill material into waters of the United States, the 404(b)(1) Guidelines of the Clean Water Act require a sequential evaluation and reduction in impact. By Memorandum of Agreement (MOA) between the U.S. Army Corps of Engineers (Corps) and EPA dated February 6, 1990, this sequencing may be circumvented when the Corps and EPA agree that the proposed discharge is either necessary to avoid environmental harm, or can be reasonably expected to result in environmental gain or insignificant environmental loss. At this point in time, we have not agreed that this project meets these requirements. We will gladly review the alternatives analysis, if one is available. The project is proposed in a primary nursery area. Primary nursery areas and their functions are extremely important to North Carolina in terms of water quality, water quantity, commercial and recreational fin- and shellfish production, sediment stabilization, and wildlife habitat and food chain maintenance. In addition, the shellfish beds adjacent to the project area are open. The increase in boat traffic, along with increased surface runoff associated with the ramp may impact or cause the closure of those shellfish beds. 2.._. Because EPA does not believe that this project has complied with the 404(b)(1) Guidelines, and because of the potential secondary impacts to open shellfish beds and primary nursery habitat, we request that authorization for this project be denied. Thank you for the opportunity to comment on this project. If you have any questions regarding these comments, please contact Kathy Matthews at the above address or by telephone at (404) 562-9373. Sincerely, A,, William L. Cox, Chief Wetlands Section cc: USFWS, Raleigh NCDENR/ DCM, nth City . `t 2 Because EPA does not believe that this project has complied with the 404(b)(1) Guidelines, and because of the potential secondary impacts to open shellfish beds and primary nursery habitat, we request that authorization for this project be denied. Thank you forithe opportunity to comment on this project. If you have any questions regarding these comments, please contact Kathy Matthews at the above address or by telephone at (404) 562-9373. Sincerely, William L. Cox, Chief Wetlands Section cc: USFWS, Raleigh NCDENRI DCM, nth City DIVISION OF WATER RESOURCES February 10, 1989 MEMORANDUM TO: John Parker FROM: John Sutherland SUBJECT: CEPCO, Inc. Ma or Modification Because of the presence of SA waters, we the applicant construct the boat ramp from sj (instead of concrete) and instead of asphalt parking lot, use turfstone on top of a stone berm would be required but the grassed swale be needed. bb would recommend that ;at treated timbers on the driveway and base. No diversion would still probably PMRr"M11 OffAL 9CMCES -1T 4 DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section March 8, 1989 M E M O R A N D U M TO: John Parker FROM: Bill Mills ?c7""?? SUBJECT: Application for CAMA Permit-Modification Cepco, Inc./Escoba Bay Onslow County The Subject application for modification has been reviewed for water quality impacts and the following comments are offered: a. The project, as proposed, would require a 401 Water Quality Certification. b. The Droposed areas of wetlands and other waters to be filled by the boat ramp are excessive. Such ex ensive i ing an e proximity of the fill to shellfishing waters would degrade the existing shellfis in- 11- these water. -1s exis ing filling should not be allowe an the Certification is likely to be denied. If the applicant should reduce the amount of filling below mean high water to that area allowed by our General Certification for boat ramps, 300 square feet below mean high water, we would not object to the permit. Please advise us concerning any change in design or proposed permit restrictions on the area to be filled. We plan to withhold any final action on the Certification denial pending possible design changes. BM/dbp cc: Preston Howard A - r E3 7989 ._.: STAL RESOUXES COMM ® North Carolina WAdlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr., Chief Major Permits Processing Section FROM: Richard B. Hamilton, Assistant Director N ? Wildlife Resources Commission DATE: January 30, 1989 SUBJECT: CAMA Major Development Permit Application, CEPCO Inc., Sneads Ferry, Onslow County The Wildlife Resources Commission has reviewed the subject permit application and biologists on our staff are familiar with habitat values of the project area. An onsite investigation was conducted on January 23, 1989, for the purpose of assessing construction impacts on wildlife and fisheries resources. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant, CEPCO, Inc., proposes to construct a 100 ft. long by 20 ft. wide concrete and shell fill boat ramp and associated parking lot, and 205 ft. pier. The applicant also proposes to construct 2 docks (250 ft. total length), and relocate and extend a previously permitted pier. The project site is categorized as intertidal and subtidal estuarine bottom and classified as "SA" waters, open to shellfishing and designated as a Primary Nursery Area. The proposed boat ramp will cover approximately 1,000 square fee?f intertidal wetlands and fill approximately?50 square feet riparian wetlands. The new pier will shade a total of 820 squa e feet of public trust waters-.- The relocated and e. endeA_ier will shade approximately 720 square feet of public _trust waters. The 2 docks will cover a total of approximatel 1,-0-00 square feet within a__man_- made canal. The construction of the piers within sh ow water habitats will result in a loss of productive public Memo_.._ ._.__.-..._.--- 'Page 2 January 30, - 1989 trust waters. Increased boat traffic with the development will likely create turbidity problems with Charles Creek.. Runoff from the paved parking lot will also negatively impact water quality. The proposed 4 inch diversion berm at the end of the 1.07 ac. asphalt parking lot will not adequately contain runoff based on the area and slope of the project site and will represent a significant point source for-the introduction of pollutants into Charles Creek. We recommend that the project as proposed be..,dgg A due to the potential for adverse impacts on a high quality resource within public trust waters. The extension and relocation of the permitted pier also represents a navigational hazard to boat traffic utilizing this relatively narrow section of Charles Creek. To reduce the impacts of the project on aquatic resources we recommend the following modifications or conditions to the permit: (1) The boat ramp should be relocated to minimize the area of "404" wetlands impacted. 2' The proposed new and relocated piers should not extend into waters containing shellfish and should not be constructed within 200 ft. of leased waters. 03. The pier proposed for relocation should be moved in a southerly direction to reduce potential navigational problems and conform to the original 04. design. The proposed parking area will not be paved, but covered in crushed rock to increase porosity and sloped so runoff will not flow directly into Charles Creek. A 6 inch diversion berm at the end of the parking lot will be construction. Thank you for the opportunity to review and comment on this application. If we can provide further assistance, please call on us. RBH/lp cc: The Honorable M. Woodrow Price Mr. Kent Nelson, District Fishery Biologist January 23, 1989 MEMORANDUM TO: Rich Carpenter0___ FROM: Fritz Rohde SUBJECT:CEPCO, Inc. This project, located on Charles Creek, was submitted 25 November 1987. At that time, they wanted to construct three gazebos along the shore and a pier 80' into the creek, primarily for pedestrian access. On 18 December 1987, I approved the application as long as the pier was used strictly by pedestrians and there were no other disturbances. Charles Creek. is a shallow, productive estuary and I was concerned about keeping any impacts to a minimum. On 30 December 1988, the applicant submitted a major modification to the permit (see attached). In it, they want to relocate and extend the pier, delete the gazebos, construct two common area docks and construct a parking lot, boat ramp and adjacent pier. I am opposed to this project on several grounds. 1) The boat ramp will impact 1000 sq ft o inter- idal an shallow water habitat. 2) Operation of boats in these shallow waters will "dredge" the bottom and greatly increase turbidity. 3) The area is open to shellfishing. 4) Charles Creek is a Primar Nursery area. 5) The-pe es rian pier is tr' whams--pi-tted__and ) the common area piers will increase boat traffic in an already sensitive area. MEMORANDUM:- TO: FROM: SUBJECT: DATE: GEORGE.MATTHIS CHARLES S. JONES FE-a 21% JST L s5??!i I-5 COMMENTS & RECOMMENDATIONS - MAJOR CAMA PERMIT APPLICATION - CEPCO, INC., CHARLES CREEK, ONSLOW COUNTY FEBRUARY 22, 1989 Based upon objections raised from the Division of Marine Fisheries concerning the project's impact on estuarine resources, I recommend denial of the CAMA permit based on inconsistencies with the following: 1. 15 NCAC 7H .0208(a)(2)(B) which requires the applicant to select a site and design that will have a minimum adverse impact upon the productivity and.biological integrity of shellfish beds and nursery areas. 2... 15 NCAC 7H .0208(a)(2)(E) which requires that the development will not measurably increase siltation. I would also recommend denial of the Dredge and Fill Permit based on G.S. 113-229(e)(5). I have no objections to the relocation of the pedestrian Hier, _IA be nnnda ioned to remain at the same length as was but it shou oricrinally permitted. CSJ/dh Attachments cc: Preston P. Pate, Jr. Cliff Winefordner, COE