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