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HomeMy WebLinkAbout19980305 Ver 1_COMPLETE FILE_19980331Wetlands / 401 Tracking Inspections 07 70 P v c t?al:dla? ?nh Project Number 98 0305 Assigned to Jim Bartoldus @ Kathryn Robinson Inspection Date 6/22/99 Compliant Letter Type Letter Date Reply Date Current Status Follow-up Comments v State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 4 • • .q?,FA MOM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 12, 1998 New Hanover County DWQ Project # 980305 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS PVC, Inc. Holiday Inn Sunspree Resort DBA Pearsall Operating Co. 300 N. Winstead Avenue Rocky Mount, NC 27801 Dear Sirs: - You have our approval, in accordance with the attached conditions and those listed below, to dispose of 32,000 cubic yards of sand on the beach to build a berm at 1706 Lumina Avenue, as you described in your application dated April 13, 1998. 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. 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 except as modified below. If you change your project, you must notify us and to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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. Plans for the upland diked disposal basin which ensure no discharge of effluent shall be approved by DWQ before dredging occurs. 2. Dredging shall not be done from May 1 to November 15 in order to protect sea turtle nesting. 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. 276 1 1-7447. 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. SJPr el , on How Jr. RE Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office John Domey Central Files 980305.1tr 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 May 5, 1998 MEMORANDUM TO: John Dorney FROM: Eric Fleek SUBJECT: PVC, Inc. Holiday Inn Sunspree Resort (DWQ# 980305) After reviewing the file and associated data, the following conditions should be included in the 401 to help reduce associated impacts from turbidity and protect existing aquatic life uses: 1) The fill material to be used at this site to bring the building pad and surrounding areas up to 12' msl should first be placed in a high ground area and the runoff ponded and released slowly after the suspended sediment has settled out. As designed, the containment berm is three sided and will allow runoff to enter the ocean directly. 2) Activities necessary to construct the berm and the building pads should not be allowed between May ls` and November 15th. If activities must be carried out during these times a sea turtle management plan should be submitted to USFWS, WRC and or NMFS for review before construction begins. 3) Measures to prevent compaction of the primary dune/berm should be implemented (e.g., the dune should be raked after construction). 4) Any grading conducted on the breach should be conducted in such a manner as to prevent the formation of scarps (i.e., the resultant beach profile should be gradually sloped). If you should have any questions please e-mail me at: eric_fleek@h2o.enr.state.nc.us. ® North Carolina Wildlife Resources Commission® 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director,. MEMORANDUM TO: John Dorney Division of Water Quality Jeff Richter Army Corps of Engineers 1. JTL i FROM: Bennett Wynne] APR 2 11998. Habitat Conservation Program _ WETLANDS ROUT DATE: April 14, 1998 W^,T?R uAl !T? SECT! ;! y SUBJECT: 404 and 401 applications for PVC, Inc. dredging of 30,000 cu. yd. of beach quality sand from Masonboro Wet/Banks Channel for beach renourishment at Holiday Inn Sunspree Resort, Wrightsville Beach, New Hanover County, North Carolina. Action ID No. 199801103. Staff biologists with the Wildlife Resources Commission have reviewed the project for impacts on wildlife and fishery resources in the area. 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 hydraulically dredge sand from deposits in Masonboro Inlet and Banks Channel and discharge the material onto the ocean beach at the Holiday Inn. Bulldozers are to grade the renourished beach. From a practical standpoint, the work represents an extension of the Corps of Engineers renourishment project to the south. We are concerned about potential adverse impacts the project could have on sea turtle nesting. The project could compact beach sands, destroy nest sites, and create obstructions that prevent hatchlings from returning to the surf. Therefore, we recommend the following. 1. Avoid construction activities between May 1 and November 15, the sea turtle nesting season. 2 2. Avoid compaction of the primary berm or dune. 3. Beach grading should result in a gradually sloping beach profile without scarps. Thank you for the opportunity to comment on this project. If you have any concerns about our comments, please contact me at (252) 522-9736. r )? ? 4`, / r t-\ n d- tt G- I V? ti 99801103 c DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers o Post Office Box 1890 Wilmington, North Carolina 28402-1890 PUBLIC NOTICE /7 N ?Qt \ ., /-1 w March 26, 1998 PVC, INC., 300 NORTH WINSTEAD AVENUE, POST OFFICE BOX 7965, ROCKY MOUNT, NORTH CAROLINA, 27804, has applied for a Department of the Army (DA) permit TO DREDGE UP TO 30,000 CUBIC YARDS OF BEACH QUALITY SAND FROM MASONBORO INLET AND/OR BANKS CHANNEL FOR DEPOSITION ON THE BEACH IN FRONT OF THE HOLIDAY INN SUNSPREE RESORT, AT 1706 NORTH LUMINA AVENUE, WRIGHTSVILLE BEACH, NEW HANOVER County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. Plans submitted with the application show the project site is located within the transition zone at the northern end of the Corps of Engineers' Wrightsville Beach renourishment project. The Corps' project involves the use of a hydraulic dredge to get sand from deposits in Masonboro Inlet and Banks Channel, at the south end of Wrightsville Beach. Sand will be pumped through pipeline laid on the beach. Bulldozers will shape the beach, using the dredged sand. Additional lengths of pipe will be added as the project moves further north. The Corps' beach renourishment project ends just south of the Holiday Inn. From this point continuing northward across the front of the Holiday Inn, a transition zone is proposed. This zone is where the renourishment project tapers off to blend in with the existing, unnourished beach. The elevation of completed work within this transition zone is 6 feet mean sea level (MSL). After the Corps' project is completed, the applicant proposes negotiating with the Corps' dredging contractor to have up to 30,000 cubic yards of beach sand pumped to the beach in front of the Holiday Inn. The exact location of the dredging site will not be known until all Corps- project dredging is complete. Work will proceed from the south side of the borrow area northward and seaward. At the applicant's site, dredged sand will be placed atop the finished elevation of the transition zone and bulldozed landward within a diked area. Approximately 6,000 cubic yards will be utilized within the resort's building area. The remainder of the material will remain in the diked area and will be used to reinforce and enlarge the existing dune. The finished elevation of the transition zone will not be altered by any of the proposed work. The finished, or maximum, elevation of the berm area will be 15 feet MSl, approximately 1.5 feet higher than the authorized height of the Wrightsville Beach dune. This increase in height is not considered to be of much concern. To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS #,-?/y'0 REVIEWER: STEENHUIS-q ACTING WQ SUPERVISOR: SHIVER DATE: April 27, 1998 TLAND INFORMATION FOR CENTRAL OFFICE TRA PERMIT YR: 98 PERMIT NO.: 980305 COUNTY: New Hanover PROJECT NAME: PVC, Inc. (Holiday Inn Sunspree Resort) PROJECT TYPE: Dredge & Fill PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: April 13, 1998 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Atlantic Ocean CLASS: SB STREAM INDEX #: 99-(3)-? - *OPEN OR CLOSED: n/a y ,t lJ? '?- =v"? a q WL IMPACT: N/A WL TYPE: N/A 3 t:3 4 a WL REQUESTED: N/A WL ACR EST: N/A , I MAY WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A TLANOSpUP AL1T`l SECTION MITIGATION SIZE: N/A RATING SHEET ATTACLD?• 0 RECOMMENDATION: ISSUE CONDITIONAL STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: PROJECT DESCRIPTION: To require material from a source which is a part of the Corps of Engineers Wrightsville Beach renourishment project in order to construct a berm on the ocean side of the site and also, as best we understand, to use it as a fill on an undefined portion of the site. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Permit # 3112 for CAMA permits SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Existing municipal system 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: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? No c 980305.Apr Page Two MAR A 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.) RECOMMENDED 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. The project is considered to be on an upland site even though it is adjacent to the beach. No plans have been included for a disposal site and settling basin. The project will not be allowed to use the same beach runoff as the beach renourishment project because it is an upland site and not a public project. Some sort of plans for a settling basin and disposal site will be necessary for the continuation of this project. This office also considers the use of beach suitable sand in this project for uses other than the berm enhancement as taking potential beach renourishment material out of the beach "system". cc: Central Files - John Dorney Wilmington Regional Office Files DCM-Bob Stroud John Parker { DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: PVC, Inc. (Holiday Inn Sunspree Resort)MAJOR MODIFICATION W/EA 2. LOCATION OF PROJECT SITE: 1706 Lumina Avenue - Wrightsville Beach, NC - New Hanover County on the Atlantic Ocean Photo Index - 1995-24-289 grd P-0; 10 1289:5-176-23 grd J-K;8-9 1984:19-285 grd J-K;9-10 State Plane Coordinates - X:2367000 Y:1719000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/27/98 Was Applicant Present -no 5. PROCESSING PROCEDURE: Application Received -cc: EA approved 4/6/98 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Wrightsville Beach Land Classification From LUP - Developed (B) AEC(s) Involved: OH ° . Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing -Municipal System Planned -same (F) Type of Structures: Existing - foundation elements for permitted building(site under construction Planned - enlarged hotel with meeting facilities; enclosed parking and recreational amenities major mod - a berm created by dredaga gpoil associated with the Wrigh vill _ r no uri hm n project. (G) Estimated Annual Rate of Erosion: 2'/year Source - CAMA erosion information 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non-Vegetated Wetlands II ° Other (beach area) I I app 32,000 sf I II High Ground appx 36,300 sf (D) Total Area Disturbed:appx 68,300 sf (E) Primary Nursery Area: n/a (F) Water Class: SB Open: n/a ` Page 2 8. PROJECT SUMMARY: The applicants are proposing to acquire material from a source which is a part of the Corps of Engineers Wrightsville Beach renourishment project in order to construct a berm on the ocean side of the site and also, as best we understand, to use it as fill on a undefined portion of the site. 9. . PROJECT D RIPTION - The project site is located at 1706 Lumina Avenue in Wrightsville Beach, New Hanover. The site is adjacent to the Atlantic Ocean and has an existing bulkhead along the shoreline. The site was impacted by the Hurricanes of 1996 and especially by Hurricane Fran. The result of the storm was that the building was damaged to an extent greater than 50% of the value so that it is necessary to replace it with a new structure rather than repairing what was existing. At present the remains of all existing construction has been demolished and removed from the site and work has commenced on the foundation of the new structure permitted by State Permit # 150-97 issued on 12-01-97. The existing site grade is approximately 8.5' MSL. This project is located within flood insurance rate map zones V-13 and A-10. It appears that the structure will be inside the A-10 zone. There is an existing bulkhead on the property which was slightly damaged by Fran but which has been repaired. This feature is used to determine the setback distance on the property. This site is within the ongoing U S Army Corps of Engineers Wrightsville Beach Hurricane Protection Project and has been renourished several times since the 1980's. There is a regional public access site located just north of the site and a high-rise condominium unit located along the southern property line. The current setback for structures located on this property in excess of 5000 square feet is 120' based on the LTAAER of 2'/year for this site. The landward measurement of this setback begins at the face of the existing bulkhead. This area is classified as Developed in the Wrightsville Beach Land Use Plan. The waters of the Atlantic Ocean are classified as SB by the Division of Water Quality. The applicant is now proposing to substitute material from the Corps of Engineers renourishment of Wrightsville Beach to use to construct a berm over the existing bulkhead and also to use a portion of the material ultimately to fill a portion of the project site. Authorization for approximately 30, 000 cu. yds. is being requested. Other than 6,000 cu. yds. to be obtained from a separate source and transported by trucks, the material will be used for berm construction and to fill selected areas of the site to bring the finished grade up to an elevation of approximately 12.00' msl. The ocean berm ("dune") will be constructed to a top elevation of 16.00' mean sea level (msl). The spoil will be partially confined on the applicant's property by means of a three sided berm. The apparent open side will face the ocean and it appears that the spoil effluent will be allowed to free flow into the waters of the ocean. The berm will be approximately 330' wide across the site and 110' deep. An additional "bulge" will extend across the public access to the north of the property approximately 90'. An easement arrangement made with the Town of Wrightsville will allow for emergengy vehicle access to the beach as now exists as well as a Hobie Cat launching area. The applicant is requesting authorization for this action in order to eliminate the need to truck sand in from an off island source. An environmental assessment was required for this proposal due to the removal of the material from the public trust area. The request is also being circulated by the Corps of Engineers as an individual public notice project. PVC, Inc (Holiday Inn Sunspree Resort) Page 3 10. ANTICIPATED IMPACTS - The applicants are proposing to buy sand from a public project in order to eliminate the necessity of transporting sand from the mainland by truck. They have used the Environmental Assessment prepared for the Corps renourishment project to indicate that no adverse environmental impacts will result from this action. While overriding public benefits can be utilized in the consideration of the Corps project consistency they are not transferrable to the private project now being considered. Since this is beach quality sand the current CAMA rules indicate that it should be utilized for beach renourishment and not as fill material. Submitted by: C. Robert Stroud, Jr. Date: 4/9/98 Office: Wilmington Form DCAI-)•1I'-1 f V ?(J; Io - Nl?rl APPLICAT MAR 19 1998 J (To be completed by all applicants) DiVISiON OF MODIFICATION OF MAJOR CAMA PERMIT #150-97 COASTAL MA14AGEMENT 1. APPLICANT a. Landowner: PVC Inc. Address 300 N Winstead Avenue ox /ybJ City Rocky Mount State NC Name DBA Pearsall Operating Co Zip 27804 Day Phone 919-937-8114 Fax 919-937-8115 b. Authorized Agent: Name Robert W. Sawyer Address 514 Market Street City P 0 Box 3667 Wilmington State NC Zip 28406 Day Phone 910-762-2621 Fax 910-76 -8506 C. Project name (if any) Holiday Inn Sunspree Resort NOTE: Permit will be issued in nano of k downer(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County New Hanover b. City, town, community or landmark Wrightsville Beach c. Street address or secondary road number U06 Nnrth _T.,,mina Ai,--,.- Highway 74 d;' Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest oroiect (e.g. river, creek, sound, bay) Atlantic Ocean 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. Refer to origin!?nliraf-ii. This mod fi atiQn is for_nermit to „moo b. Is the proposed activity maintenance of an existing project, new work, or both? new work c. Will the project be for public, private or commercial use? commercial 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. This application requests approval to obtain and place dredged fill on the site in selected areas. Refer to attached narrative and drawings. Revised 03195 Form DCNI-NIP-1 4. LAND AND WATER CHARACTERISTICS T V ILO MAR 19 1998 DIVISION OF COASTAL MA14AGEMENT m. Describe existing wastewater treatment facilities. Wrightsville Beach sewer system „mtyc to New Hanover County treatment facility. a. Size of entire tract 4.11 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 10.00 MSL d. Soil type(s) and texture(s) of tract Dense clean sand e. Vegetation on tract none f. Man-made features now on tract Existing seawall and new foundation work in progress (Permit #150-97) g. What is the= CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? Commercial District IV i. Is the proposed project consistent with the applicable zoning? X Yes No (.Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom7 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? Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (attach documentation, if available) 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.) No runoff. Storm water to be contained on site by ground absorption o. Describe existing drinking water supply source. Municipal wa r system Deep well supply source 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy or 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 7!.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCNI-NIP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. Permit No. SW8 941015 Modification • 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 Town of Wrightcrlj 1 i o Rene Address 321 Causewav Drive Phone 910-256-7900 Name The Islander Tne Address 1704 N Lumina Avenue Phone 910-256-2074 Name Address Phone J MAR 19 1998 v DIViSiON OF COASTAL MANAGEMENT 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. • A list of previous state or federal permits issued for This is the 16th day of March , 19 98 . work on the project tract. Include permit numbers, Print Name Robert W. Sawyer Termittee, and issuing dates. 7-051 Erosion Control Plan-Holiday Inn-7/30/97Signature SW8-941015 Stormwater Management-Holiday Inn 11 7/9 7 t andoxmer or authorized Agent 150-97 CAMA Major-Holiday Inn 12/1/97 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. Pd • A signed AEC hazard notice for projects in oceanfront and inlet areas. Provided 6/12/97 • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I 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. 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. u •V;CPrl nvoc Form DCNI-NIP-2 EXCAVATION AND F ILL (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. Average Final Existing Project Length Width Depth Depth Access channel (MLM or (NAT) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding, shoreline stabilization) MAR 19 1998 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 30.000, CY b. Type of material to be excavated sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards none 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 1706 N. Lumina Avenue, Wrightsville Beach b. Dimensions of disposal area 360' x 285 c. Do you claim title to disposal area? Partial X Yes X No Public Beach If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? Public beach for renourishment Re%iwd 03:95 Form DCNI-INIP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No HVTR? water none Dimensions of fill area f. Does the disposal include any area in th r? 60 x 285 Purpose of fell Raise elevation of Yes X No MAR 19 1998 15?' site and construct an ocean DIVISION OF front dune on site. UO STA MANS GEP& ,I material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Temporary dikes. Erosion control as (Source o information) f I2P-L_p,-1.n 3pnrnvert 7.13n.197 f. Type of bulkhead or rprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Hydraulic dredge for Wrightsvi 1 e B arh (1) Riprap renourishment project. (2) Bulkhead backfill c. Will wetlands be cr; ssed in transporting equipment h. Type of till material to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will till material be brought to site? X Yes No HOLIDAY INN SUNSPREE RESORT Applican r Project Name Signature Robert W. Sawyer, Age March 16, 1998 Date Revi,pd (11:95 llb? APPLICATION FOR MODIFICATION ??U arch 16, 1998 OF MAJOR CAMA PERMIT #150-97 MAR 1,91998 DIVISION OF MODIFICATION NARRATIVE COASTAL MA14AGEMENT This application is a request for approval to obtain and use dredged fill on the site in selected areas. The site for this project varies from elevation 8.00 to 10.00 MSL, average at 9.00 MSL. This entire site will be filled generally to elevation 12.00 MSL. This level of the project will be utilized for parking and a swimming pool. The entrance to the hotel will be at level 2 elevation 22.00 MSL accessed by vehicular ramps. This requires a substantial quantity of fill to construct these driveway ramps and contour this quadrant of-the site. Stormwater is controlled by retaining walls and landscaped terraces at the street frontage and at the north and south boundaries. All Stormwater will be retained on site in underground trenches as detailed in the Stormwater management plan approved 11/7/97. Along the ocean frontage of this site a sand dune will be constructed to top at elevation 16.00 MSL. This sand dune construction will continue north across the 65' public ROW by agreement with the Town of Wrightsville Beach. All of the construction described is shown on the drawings attached to the Application for the Major CAMA Permit issued 12/1/97. The total quantity of fill required to accomplish this work is estimated to be 30,000 CY. Approximately 6,000 CY of this must be placed under the building where compaction and timing is critical. This fill will be transported by truck from an approved source. The balance of this fill, approximately 24,000 CY, can be dredged material and Wrightsville Beach renourishment project terminates at the south boundary of this site. An extension of the project's design profile across the 335' beach frontage of the Holiday Inn site, and onto the site to a dike to, be constructed by the Holiday Inn contractor, will provide this Prepared by Robert Sawyer, FAIA, March 16, 1998 Authorized Agent for the Owner Page 1 APPLICATION FOR MODIFICATION r h 16, 1998 OF MAJOR CAMA PERMIT #150-I ,n MLU) ODIFICATION NARRATIVE MAR 19 1998 DIVISION OF COASTAL MANAGEMENT quantity of fill above the elevation 6.00 MSL transition beach fill that is to be placed under the existing Wrightsville Beach dredged fill contract. The COE has confirmed that the approved borrow area in Masonboro Inlet and Banks Channel can provide an- additional 30,000 CY of material without modification of the COE project. Please refer to the COE March 11, 1998 letter attached. The landowner, PVC Inc., requests permission to negotiate with the dredging contractor, Weeks Marine, Inc. for a quantity of dredged fill not to exceed 30,000 CY. The landowner will pay for this dredged fill and be responsible for moving and shaping it on the project site. The transition beach will remain as shown on the CO/E design profile and plan with the construction berm at 6.00 MSL. The storm berm at 10.50 MSL and the dune at 13.50 MSL will be reinforced by the dune we will construct on the ocean front portion of the hotel property and on the public right-of-way adjacent. The alternative to this dredged material is truck transported fill from an approved source. This will require approximately 2,400 10 yard truck loads. This can be done but the time schedule for completion of the Wrightsville Beach renourishment project correlates very well with the Holiday Inn project schedule and the dredge pipe line will terminate at this location. The utilization of this dredged material will be beneficial to the Town of Wrightsville Beach and the state highway system by elimination of the need for approximately 2,400 truck loads of fill. This quantity can be pumped by the dredge in a 24 hour period. Prepared by Robert Sawyer, FAIA, March 16, 1998 Authorized Agent for the Owner Page 2 Town of Wrightsville. Beach - - i;, AUTHORITY FOR APPOINTMENT OF AENTra ?QG8 J -IF "COASTAL MANAGEMENT The undersigned owner, PVC, Inc., dba Pearsall Operating Co, does hereby appoint ROBERT W. SAWYER as his, her, or its exclusive agent for the purpose of petitioning the Town of Wrightsville Beach for approval of a Conditional Use Permit, as. applicable to the property having the address of 1706 N. Lumina Avenue and described in the attached petition. The owner does hereby covenant and agree with the Town of Wrightsville Beach that said agent has the authority to do the following acts for and on behalf of the owner: (1) To submit a proper petition and the required supplemental materials; and (2) To appear at public meetings to give representation and commitments on behalf of the owner; and (3) To accept conditions or recommendations made for the issuance of the Conditional Use Permit on the owner's property; and (4) To act on the owner's behalf without limitations with regard to any and all things directly or indirectly connected witli or arising out of any petition. This agency agreement shall continue in effect until final disposition of the petition submitted in conjunction with this appointment. Date: April 3, 1997 Agent's Name, Address & Telephone: BMS Architects PC * Owner 514 Market Street, Post Office Box 3667 dba Pearsall Operating Co, Wilmington. North Carolina _28406-3667 /"'• Teleplione: (910) 762-2621 MACK B. PEARSALL, President * If the owner is an individual, the owner (or all owners if there is more than one) must sign the authorization. If a corporation, print the name of the corporation and have signed by an authorized officer. If a partnership, print the name of the partnership and have signed by an authorized partner. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 11, 1998 Coastal, Hydrology, and Hydraulics Section Mr. Robert W. Sawyer, FAIA BMS Architects, PC Post Office Box 3667 Wilmington, North Carolina 28406-3667 Dear Mr. Sawyer: [AAR 19 1998 DMS10iv OF COASTAL MANAGEMENT As discussed in our meeting on March 10, 1998, approximately 2,000,000 cubic yards of material is available within our approved borrow area in Masonboro Inlet and Banks Channel. The contract for placing material on Masonboro Island and Wrightsville Beach will use about 1,500,000 cubic yards. Therefore, the removal of an additional 30,000 cubic yards of material from this borrow area will not require modification. If you have additional questions about the borrow area, please call me at (910) 251-4455. Sincerely, J Tom arrett, P.E. Chief, Coastal, Hydrology, and Hydraulics Section MOORE'S INLET ST. MSITE MAR 19 1998 DI`JISiON OF COASTAL MA!JAGEMENT HOLIDAY INN SUNSPREE RESORT WRIGHTSVILLE BEACH, N.C. -PROPOSED DREDGED FILL BMS Architects, PC? 514 Market Street PO Box 3667 Wilmington, NC 28406 w Q _J Z N T J X z O Q a a E HWY 74 H VICINITY MAP NOT TO SCALE AREA MAP NOT TO SCALE Lk7•as Qlal1A Not115Nd?11 7119 i01sN:1 If aoIt. 'g I,-- MHtN 'lSbf? 901 ??1 •RZir ? ,3f 3 -A nW-dd -rv71dh1. WSitl(?ONa? WN w ?do•15o 1:? iS•ol? (?1? ? ?ct1.9Nnd knyWa? aNn AA-1 -WP-" ?JNn hzlcLS•? b u l,t isoot£ 11 MiAR 1. ' . 8 vIViSi:) 111,1 OF COASTAL MANAGEMENT gig N I N ? O - CO w cc J W cn CLU W o 1 (n Z ?U W U) Q Cc a w Z m C) w ig R ,.? Z w W H t 1 j 1 -J U) 0 Q' u z i ` g N Q _ 0 Ec i NotY?9g o? J C i .. L I • N• • i C - ll ' r b MAR 1. J 1988 DiVESiON OF COASTAL MANAGEIAE14T Srl - 1, I o ?1 1 yi I l? a I l T i . u...•I C i. vi? I r'. , 4 I l! i l f C I i Q I i i C w u- M i W EL Z t U) C ; U W m U) Q W ? p[ a M Fill zm LLJ cl . x s y IL O -I ?? W L v z '^ 0 co) O ?• O •? •• m h'€ ? I S•' o f: ro 4zis c? zN') o? W 0 (D o a oz c 3t Q _ o tea ¢ C) to IZ?vI f - w qL F7 • / X4.1,. ?N ??? ? ? 1ST ? ? Y 3d?1541: I o M ?.?..... / • • 1 SA? _MH1N 1s"a-l7IPM Itshvw ?-:- 15'ntaJ daMTl 1'?t5'? n'? 1.1 Sp i? NotY" '? /? a7J15 t i -- a I 1 SIA fl- T? T lot I y? -• ?- lCV4Yl * - 5 bW.? -p21 - ?0 VJ W W W CL U (n Z Z : cU w Z co Z uj . J ..J V! C ~ 0? 'i, N r J J_ U. 0 W 0 0 W Q ?0p V W h (D 0 CL .. 0 Q 0 rn 0 M a x N oco N i $ It Z) ? ? L cn e0 s Cl) w s g ;g v?? J ?I lv? ml a ?I . I 1 J? r-- •`: i I I ?.ty ?? I > } o r fa?? i; . Z K i i ! tI _.--- _ _ r - -------- 4ma.' .... I I I ?--? I 7 irzJ W CC) n I W 0 0 _A-A-.._..... _ o? CO W oC, ? o rCL W U) xl C, I Q CC a .'o x ZQO? C ?o 40 ?rx°ZC 67 0, z (? t .i1 Q O 1. ? Cl)v.? ....,. CL I,1 m O oc oC' .1 IR ,EMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name pk'C Inc. Project Number 98 030 Recvd From COE Received Date 3/31/98 qjolf g y- zo -r8 County New Hanover County2 Region Wilmii)«ton Project Type dredging _-? - " Xce Certificates stream Permit Wetland Wetland Wetland Stream Class Acres F Type Type Impact Score Index Prirn. SupP. Basin Req. F hid F- O YO N [_- lTti?-'7 tiA ORW Il}(ii;-'-t F_ till, F_ F_P7 _0 Mitigation Wetland MitigationType Type Acres Feet Is Mitigation required? 0 Y0 N Did you request more info? 0 Y 0 N Is Wetland Rating Sheet Attached? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N . rVQ ? N .001 r -1 Wi s o-r, r C€ Alk o n??SiLl errs 7RE t-t. sE7 of 3?'0 / .Scr /1;4&/ 67 S,,AV ,?O l ffi ?- iLr_rioc t?i5 t ? 1 z.n7F MATLE (f}-c- Gz t l OFF 7776F_ "OC-Ri?H SY'S7 L Y''?` - ?? cc: Regional Office Central Office Comments: Recommendation: 0 Issue 0 Issue/fond 0 Deny H€ SiTZE is e?uSiyszi?y A)J ur?lfln/14 517E EvEru iffo?r6ff ii (S A D la e_ l 70 7VX- W /G L /u ?D 70 Ir TRIAGE CHECKLIST Project Name: Project Number: I() 3ps County: O V y-f(Q? The attached project has been sent to you for review for the following reasons. Please consider whether a site visit is needed to determine the impacts. Particular attention should focus on the below checked items. Please feel free to call the central office staff member assigned to your region if you need assistance. Stream length impacted Stream determination (Le. intermittent or perennial, or any channel present). Wetland impact and distance to blue-line surface waters on USGS topo map. Minimization/avoidance options. NW 14. (is access to highground or wetlands)? Neuse buffer rules. Pond (water) fill (i.e. is the pond drained or holding water)? Pond creation (i.e. in uplands, in a drained channel, cc in wetlands). Please locate streams and channels (if any) so that the central office can determine. _ Mitigation ratios. Stormwater pond placed in wetlands. Ditching in wetlands. Is the applicant's proposed stream/wetland mitigation site available and viable? Applicant/consultant has a history of non-compliance (check drawings and application for accuracy). Has project been split from previous work to avoid mitigation requirements? Consistent with pre-application meetings? Cumulative impact PO ar,?„? -oajv 980305 DEPARTMENT OF THE ARMY ? 3 ? ??;: Wilmington District, Corps of Engine - Post Office Box 1890 Nps 514N Wilmington, North Carolina 28402-189 WE(??p1]St Action ID No. 199801103 PUBLIC NOTICE March 26, 1998 PVC, INC., 300 NORTH WINSTEAD AVENUE, POST OFFICE BOX 7965, ROCKY MOUNT, NORTH CAROLINA, 27804, has applied for a Department of the Army (DA) permit TO DREDGE UP TO 30,000 CUBIC YARDS OF BEACH QUALITY SAND FROM MASONBORO INLET AND/OR BANKS CHANNEL FOR DEPOSITION ON THE BEACH IN FRONT OF THE HOLIDAY INN SUNSPREE RESORT, AT 1706 NORTH LUMINA AVENUE, WRIGHTSVILLE BEACH, NEW HANOVER County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. Plans submitted with the application show the project site is located within the transition zone at the northern end of the Corps of Engineers' Wrightsville Beach renourishment project. The Corps' project involves the use of a hydraulic dredge to get sand from deposits in Masonboro Inlet and Banks Channel, at the south end of Wrightsville Beach. Sand will be pumped through pipeline laid on the beach. Bulldozers will shape the beach, using the dredged sand. Additional lengths of pipe will be added as the project moves further north. The Corps' beach renourishment project ends just south of the Holiday Inn. From this point continuing northward across the front of the Holiday Inn, a transition zone is proposed. This zone is where the renourishment project tapers off to blend in with the existing, unnourished beach. The elevation of completed work within this transition zone is 6 feet mean sea level (MSL). After the Corps' project is completed, the applicant proposes negotiating with the Corps' dredging contractor to have up to 30,000 cubic yards of beach sand pumped to the beach in front of the Holiday Inn. The exact location of the dredging site will not be known until all Corps- project dredging is complete. Work will proceed from the south side of the borrow area northward and seaward. At the applicant's site, dredged sand will be placed atop the finished elevation of the transition zone and bulldozed landward within a diked area. Approximately 6,000 cubic yards will be utilized within the resort's building area. The remainder of the material will remain in the diked area and will be used to reinforce and enlarge the existing dune. The finished elevation of the transition zone will not be altered by any of the proposed work. The finished, or maximum, elevation of the berm area will be 15 feet MSI, approximately 1.5 feet higher than the authorized height of the Wrightsville Beach dune. This increase in height is not considered to be of much concern. Approximately 2,000,000 cubic yards of sand are available to the Corps and this is the amount which has been addressed by review agencies. The Corps' project as proposed will utilize approximately 1,500,000 cubic yards. The applicant has requested approximately 30,000 cubic yards. No modification to the Corps' dredging contract will be necessary as no increase of sand will occur. The applicant has stated that an alternative to using this dredged material would be to have approximately 22,000 10-yard truck loads of sand brought on to the property. The purpose of the work is to provide sand for construction purposes and for the construction of a barrier dune.. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the NCDCM. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the NCDCM or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G. S. 113 A-50-66). The requested DA permit will be denied if any required State or local authorization and/or certification is denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. 2 The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register is the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision, whether to issue a permit, will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts that the proposed activity may have on the public interest requires a careful weighing of all those factors that become relevant in each particular case. The benefits that may be expected to accrue from the proposal must be balanced against its foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore decided by the outcome of the general balancing process. That decision should reflect the national concern for both protection and use of important resources. All factors that may be relevant to the proposal must be considered including the cumulative effects of it. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (according to Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement or dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer decides that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the public interest of the proposed activity. ,.r Generally, the decision whether to issue this DA permit will not be made until the NCDWQ issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons wanting to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the NCDWQ, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before April 10, 1998, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., April 10„ 1998, or telephone (910) 251- 4636. 4 MOORES INLET ST. SITE Q J Z m N D T -j X Z cc a CL 'F HWY 74 VICINITY MAP HE NOT TO SCALE Z ww U O U F Z 5 VICINITY MAP a w 3 z d_ S ; Z AINLAND f HOLIDAY INN SUNSPREE RESORT WRIGHTSVILLE BEACH, N.C. PROPOSED DREDGED FILL BMS Architects, PC 514 Market Street PO Box 3667 Wilmington, NC 28406 AREA-MAP NOT TO SCALE SNEFT 1 bT- 3 . No ? " 4'i ?l? N o111 s1?.1. 1x3tL'>?d 11?3W Mc>CTt??1 i ? ?`l111N1 :7170 '?•?? '?? ? 3?ot5N :I o z 0 P? ?f u / ? ,s•al? n?? ? f ' ?¢L swo k>rlwaj ?. 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CL . , ; April 29, 1998 MEMORANDUM TO: Mary Kiesau THROUGH: John Dorney FROM: Eric Fleek SUBJECT: Holiday Inn Sunspree Resort (DENR# 910) After reviewing the document and conferring with Joanne Steenhuis of the WIRO, the following recommendations should be implemented for this project to reduce associated impacts from turbidity: 1) The 6000 yd3 °f fill material to be used at this site to bring the building pad and surrounding areas up to 12' msl should first be placed in a high ground area and the runoff ponded and released slowly after the suspended sediment has settled out. If there are any questions regarding g this matter please feel free to call me at 733-1786 or via e-mail. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: PVC, Inc. (Holiday Inn Sunspree Resort)MAJOR MODIFICATION W/EA 2. LOCATION OF PROJECT SITE: 1706 Lumina Avenue - Wrightsville Beach, NC - New Hanover County on the Atlantic Ocean Photo Index - 1995:24-289 grd P-Q;1 O 19$9:5-176-23 grd J-K;8-9 1984:19-285 grd J-K;9-10 State Plane Coordinates - X:2367000 Y:1719000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/27/98 Was Applicant Present -no 5. PROCESSING PROCEDURE: Application Received -cc: EA approved 4/6/98 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Wrightsville Beach Land Classification From LUP - Developed (B) AEC(s) Involved: OH ° Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing -Municipal System Planned -same (F) Type of Structures: Existing - foundation elements for permitted building(site under construction Planned - enlarged hotel with meeting facilities; enclosed parking and recreational amenities nor mod - a berm created by dredge spoil associated with the Wrightsville renourishment pronect• (G) Estimated Annual Rate of Erosion: 2'/year Source - CAMA erosion information 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ® Other (beach area) app 32,000 sf High Ground appx 36,300 sf (D) Total Area Disturbed:appx 68,300 sf (E) Primary Nursery Area: n/a (F) Water Class: SB Open: n/a Page 2 8. PROJECT SUMMARY: The applicants are proposing to acquire material from a source which is a part of the Corps of Engineers Wrightsville Beach renourishment project in order to construct a berm on the ocean side of the site and also, as best we understand, to use it as fill on a undefined portion of the site. 9. PRO IECT DESCRIPTION - The project site is located at 1706 Lumina Avenue in Wrightsville Beach, New Hanover. The site is adjacent to the Atlantic Ocean and has an existing bulkhead along the shoreline. The site was impacted by the Hurricanes of 1996 and especially by Hurricane Fran. The result of the storm was that the building was damaged to an extent greater than 50% of the value so that it is necessary to replace it with a new structure rather than repairing what was existing. At present the remains of all existing construction has been demolished and removed from the site and work has commenced on the foundation of the new structure permitted by State Permit # 150-97 issued on 12-01-97. The existing site grade is approximately 8.5' MSL. This project is located within flood insurance rate map zones V-13 and A-10. It appears that the structure will be inside the A-10 zone. There is an existing bulkhead on the property which was slightly damaged by Fran but which has been repaired. This feature is used to determine the setback distance on the property. This site is within the ongoing U S Army Corps of Engineers Wrightsville Beach Hurricane Protection Project and has been renourished several times since the 1980's. There is a regional public access site located just north of the site and a high-rise condominium unit located along the southern property line. The current setback for structures located on this property in excess of 5000 square feet is 120' based on the LTAAER of 2'/year for this site. The landward measurement of this setback begins at the face of the existing bulkhead. This area is classified as Developed in the Wrightsville Beach Land Use Plan. The waters of the Atlantic Ocean are classified as SB by the Division of Water Quality. The applicant is now proposing to substitute material from the Corps of Engineers renourishment of Wrightsville Beach to use to construct a berm over the existing bulkhead and also to use a portion of the material ultimately to fill a portion of the project site. Authorization for approximately 30, 000 cu. yds. is being requested. Other than 6,000 cu. yds. to be obtained from a separate source and transported by trucks, the material will be used for berm construction and to fill selected areas of the site to bring the finished grade up to an elevation of approximately 12.00' msl. The ocean berm ("dune") will be constructed to a top elevation of 16.00' mean sea level (msl). The spoil will be partially confined on the applicant's property by means of a three sided berm. The apparent open side will face the ocean and it appears that the spoil effluent will be allowed to free flow into the waters of the ocean. The berm will be approximately 330' wide across the site and 110' deep. An additional "bulge" will extend across the public access to the north of the property approximately 90'. An easement arrangement made with the Town of Wrightsville will allow for emergengy vehicle access to the beach as now exists as well as a Hobie Cat launching area. The applicant is requesting authorization for this action in order to eliminate the need to truck sand in from an off island source. An environmental assessment was required for this proposal due to the removal of the material from the public trust area. The request is also being circulated by the Corps of Engineers as an individual public notice project. PVC, Inc (Holiday Inn Sunspree Resort) Page 3 10. ANTICIPATED IMPACTS - The applicants are proposing to buy sand from a public project in order to eliminate the necessity of transporting sand from the mainland by truck. They have used the Environmental Assessment prepared for the Corps renourishment project to indicate that no adverse environmental impacts will result from this action. While overriding public benefits can be utilized in the consideration of the Corps project consistency they are not transferrable to the private project now being considered. Since this is beach quality sand the current CAMA rules indicate that it should be utilized for beach renourishment and not as fill material. Submitted by: C. Robert Stroud, Jr. Date: 4/9/98 Office: Wilmington Form DCNI-NIP-1 APPLICATION"&,? MAR 19 1998 (To be completed by all applicants) DiVI&O(N OF MODIFICATION OF MAJOR CAMA PERMIT 1150-97 COASTAL MANAGEMENT b. City, town, community or landmark Wrightsville Beach 1. APPLICANT a. Landowner: PVC Inc. Name DBA Pearsall Operating Co. Address 300 N Winstead Avenue Box 1965 City Rocky Mount State NC Zip 27804 Day Phone 919-937-8114 Fax 919-937-8115 b. Authorized Agent: c. Street address or secondary road number U06 Nnrth l.nminn Auenue Highway 74 d, Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest oroiect (e.g. river, creek, sound, bay) Atlantic ocean 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Robert W. Sawyer Address 514 Market Street P 0 Box 3667 City Wilmington State NC Zip 28406 Day Phone 910-762-2621 Fax 910-762-8506 c. Project name (if any) Holiday Inn Sunspree Resort NOTE: Permit will be ismed in name of landowner(s), and/or project name. 2. LOCATION 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. Refer to original appnliration This modification is for _ permit to us_ dredged fill on nroa_ert sift-_ b. Is the proposed activity maintenance of an existing project, new work, or both? new work c. Will the project be for public, private or commercial use? commercial 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. This application requests approval to obtain and place dredged fill on the site in selected areas. Refer to attached narrative and drawings. a. County New Hanover Form Debi-NIP-1 MAR 19 1998 DIVISION OF COASTAL MA14AGEMENT m. Describe existing wastewater treatment facilities. 4. LAND AND WATER Wrightsville Beach sewer sys pm p„miLS to New Hanover County treatment CHARACTERISTICS facility, a. Size of entire tract 4.11 acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or No runoff. Storm water to be NWL 10.00 MSL contained on site by ground absorption d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Dense clean sand Municipal water system Deep well supply source e. Vegetation on tract none f. Man-made features now on tract Existing seawall and new foundation work in 5. ADDITIONAL INFORMATION progress (Permit #150-97) ' g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Consult the local land use plan.) following items must be submitted: Conservation Transitional _Y_ Developed Community A copy of the deed (with state application orily) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Commercial District IV forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No .(Attach zoning compliance cerr ficate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) 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? Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-NIP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. Permit No. SW8 941015 Modification • 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 Town of Wrightsville Reach Address 321 Causeway Drive _ Phone 910-256-7900 • Name The Islander Tnr_ Address 1704 N Lumina Avenue Phone 910-256-2074 Name Address Phone A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Robert W. permittee, and issuing dates. _ 97-051 Erosion Control Plan-Holiday Inn-7/30/97Signature SW8-941015 Stormwater Management-Holiday Landowner or Authorized Agent Inn 11/7/97 150-97 CAMA Major-Holiday Inn 12/1/97 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. Pd • A signed AEC hazard notice for projects in oceanfront and inlet areas. Provided 6/12/97 • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I 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. L)) I .? 1J 1! V J L2A DU MAR 19 1998 DIVISION OF COASTAL MA14AGEMENT 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 1 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. ,1998. 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. This is the 16th day of March n1rnr Form DCNI-NIP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding, shoreline stabilisation) ZI(DIRII'VIRD MAR 19 1998 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 30.000' CY b. Type of material to be excavated sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards none 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 1706 N. Lumina Avenue, Wrightsville Beach b. Dimensions of disposal area 360' x 285' c. Do you claim title to disposal area? Partial X Yes _ X No Public Beach If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? Public beach for renourishment Re'.ked 01.9; Form DCNI-11IP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No D . U water none Dimensions of fill area f. Does the disposal include any area in th r? 60 x 285 Yes X No MAR 19 1998 Purpose of fill Raise el evatl on of site and construct an ocean DIVISION OF front dune on site. COASTAL MANS GEV&N ll material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X No if yam, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) Purpose of fill 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 (if information i 5. GENERAL a. How will' excavated or fill material be kept on site and erosion controlled? Temporary dikes. Erosion control as p?X._plan npproupd 7,130/97 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 till material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will till material be brought to site? X Yes No b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hvdraulic dredge for Wri2htsville Bear renourishment project, c. Will wetlands be cr:,ssed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. HOLIDAY INN SUNSPREE RESORT Apptican' r Project Name signature Robert W. Sawyer, Age March 16, 1998 Date Revised 03,95 APPLICATION FOR MODIFICATION MAR 1 9 1988 arch 16, 1998 OF MAJOR CAMA PERMIT #150-97 DIVISION OF MODIFICATION NARRATIVE COASTAL MA14AGEMENT This application is a request for approval to obtain and use dredged fill on the site in selected areas. The site for this project varies from elevation 8.00 to 10.00 MSL, average at 9.00 MSL. This entire site will be filled generally to elevation 12.00 MSL. This level of the project will be utilized for parking and a swimming pool. The entrance to the hotel will be of level 2 elevation 22.00 MSL accessed by vehicular ramps. This requires a substantial quantity of fill to construct these driveway ramps and contour this quadrant of the site. Stormwater is controlled by retaining walls and landscaped terraces at the street frontage and at the north and south boundaries. All Stormwater will be retained on site in underground trenches as detailed in the Stormwater management plan approved 11/7/97. Along the ocean frontage of this site a sand dune will be constructed to top at elevation 16.00 MSL. This sand dune construction will continue north across the 65' public ROW by agreement with the Town of Wrightsville Beach. All of the construction described is shown on the drawings attached to the Application for the Major CAMA Permit issued 12/1/97. The total quantity of fill required to accomplish this work is estimated to be 30,000 CY. Approximately 6,000 CY of this must be placed under the building where compaction and timing is critical. This fill will be transported by truck from an approved source. The balance of this fill, approximately 24,000 CY, can be dredged material and Wrightsville Beach renourishment project terminates at the south boundary of this site. An extension of the project's design profile across the 335' beach frontage of the Holiday Inn site, and onto the site to a dike to be constructed by the Holiday Inn contractor, will provide this Prepared by Robert Sawyer, FAIA, March 16, 1998 Authorized Agent for the Owner Page 1 APPLICATION FOR MODIFICATI r 16, 1998 OF MAJOR CAMA PERMIT #150- MODIFICATION NARRATIVE MAR 19 1998 DIVISION OF COASTAL MA14AGEMENT quantity of fill above the elevation 6.00 MSL transition beach fill that is to be placed under the existing Wrightsville Beach dredged fill contract. The COE has confirmed that the approved borrow area in Masonboro Inlet and Banks Channel can provide an, additional 30,000 CY of material without modification of the COE project. Please refer to the COE March 11, 1998 letter attached. The landowner, PVC Inc., requests permission to negotiate with the dredging contractor, Weeks Marine, Inc. for a quantity of dredged fill not to exceed 30,000 CY. The landowner will pay for this dredged fill and be responsible for moving and shaping it on the project site. The transition beach will remain as shown on the CO/E design profile and plan with the construction berm at 6.00 MSL. The storm berm at 10.50 MSL and the dune at 13.50 MSL will be reinforced by the dune we will construct on the ocean front portion of the hotel property and on the public right-of-way adjacent. The alternative to this dredged material is truck transported fill from an approved source. This will require approximately 2,400 10 yard truck loads. This can be done but the time schedule for completion of the Wrightsville Beach renourishment project correlates very well with the Holiday Inn project schedule and the dredge pipe line will terminate at this location. The utilization of this dredged material will be beneficial to the Town of Wrightsville Beach and the state highway system by elimination of the need for approximately 2,400 truck loads of fill. This quantity can be pumped by the dredge in a 24 hour period. Prepared by Robert Sawyer, FAIA, March 16, 1998 Authorized Agent for the Owner Page 2 MAR 19 1998 DIVIS?GN OF COASTAL MA14AGEMENT MOORE'S INLET ST. EffSITE ui Q J Z ? N J r X z O a o_ PELICAN DRIVE NC HWY 74 VICINITY MAP NOT TO SCALE HI pti .. I II 4Z W O V 3 VICINITY a MAP ! 9 Irk. ?; ill I I I J ? 3 Z u ' U _ i 1 co m AINLAND I' a y G I 4 HOLIDAY INN SUNSPREE RESORT WRIGHTSVILLE BEACH, N.C. .-PROPOSED DREDGED FILL FTM BMS Architects, PC 514 Market Street PO Box 3667 Wilmington, NC 28406 AREA AP NOT TO SCALE losec 4'1atj Not115)`N?11 I?1?9(?id1N?Wh51t1c>0?l??i }t' ?Q-l On "o 1,3'11 1-40•*o1a 5.914- liftVlj 341.8Nm k1wri j '1, 8d375c1:I M ,5 lil 'NTH. ?lS?l7l7 iN0 XV01 IV ?nt? t?lc15 ?+o NL11?vatlfiN D F;,, r 1 Gti `` V T TL ?o fIAR 1 8 DIVISION OF ". 9-OASTAL MANAGEMENT I F of 1 O C) I w J ? W m cc t U) CL C3 ° U LU U) W cc Q ° x z J W ?r V? 1 J s Q' z I - Q t? Q c1, O ,. Q? i?aE I o? ? Fig J C r i , I: ? - - ?? 12, ERD MAR 19 1998 DIVISIU\4 OF COASTAL MANAGEMENT I L v , z o l t ? t I II I r ?T i ? I ? ' ' z k • ?` c I j i O A ,, ' v l n W I c1c W U- 'Q I W . rL co ZI (? ? ; i s Z =I 0 j :D c); (n W I . W ? m I ' Z mi I 0 ' Q C y ,g ?a J I W k = u- vz Q? p if 3_ .4 rD (AID O W : S , 3:1 CL JI . C I! • I U 'Q t• ' 71 ?1! 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U 5 DEPARTMENT OF THE ARMY O Q $ O Wilmington District, Corps of Engine ?/ - Post Office Box 1890 Wilmington, North Carolina 28402-189 WE ?J?AITI SEA Action ID No. 199801103 March 26, 1998 PUBLIC NOTICE PVC, INC., 300 NORTH WINSTEAD AVENUE, POST OFFICE BOX 7965, ROCKY MOUNT, NORTH CAROLINA, 27804, has applied for a Department of the Army (DA) permit TO DREDGE UP TO 30,000 CUBIC YARDS OF BEACH QUALITY SAND FROM MASONBORO INLET AND/OR BANKS CHANNEL FOR DEPOSITION ON THE BEACH IN FRONT OF THE HOLIDAY INN SUNSPREE RESORT, AT 1706 NORTH LUMINA AVENUE, WRIGHTSVILLE BEACH, NEW HANOVER County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. Plans submitted with the application show the project site is located within the transition zone at the northern end of the Corps of Engineers' Wrightsville Beach renourishment project. The Corps' project involves the use of a hydraulic dredge to get sand from deposits in Masonboro Inlet and Banks Channel, at the south end of Wrightsville Beach. Sand will be pumped through pipeline laid on the beach. Bulldozers will shape the beach, using the dredged sand. Additional lengths of pipe will be added as the project moves further north. The Corps' beach renourishment project ends just south of the Holiday Inn. From this point continuing northward across the front of the Holiday Inn, a transition zone is proposed. This zone is where the renourishment project tapers off to blend in with the existing, unnourished beach. The elevation of completed work within this transition zone is 6 feet mean sea level (MSL). After the Corps' project is completed, the applicant proposes negotiating with the Corps' dredging contractor to have up to 30,000 cubic yards of beach sand pumped to the beach in front of the Holiday Inn. The exact location of the dredging site will not be known until all Corps- project dredging is complete. Work will proceed from the south side of the borrow area northward and seaward. At the applicant's site, dredged sand will be placed atop the finished elevation of the transition zone and bulldozed landward within a diked area. Approximately 6,000 cubic yards will be utilized within the resort's building area. The remainder of the material will remain in the diked area and will be used to reinforce and enlarge the existing dune. The finished elevation of the transition zone will not be altered by any of the proposed work. The finished, or maximum, elevation of the berm area will be 15 feet MSl, approximately 1.5 feet higher than the authorized height of the Wrightsville Beach dune. This increase in height is not considered to be of much concern. Approximately 2,000,000 cubic yards of sand are available to the Corps and this is the amount which has b0fpt,#ddressed by review agencies. The Corps' project as proposed will utilize approximately 1,500,000 cubic yards. The applicant has requested approximately 30,000 cubic yards. No modification to the Corps' dredging contract will be necessary as no increase of sand will occur. The applicant has stated that an alternative to using this dredged material would be to have approximately 22,000 10-yard truck loads of sand brought on to the property. The purpose of the work is to provide sand for construction purposes and for the construction of a barrier dune. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the NCDCM. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the NCDCM or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested DA permit will be denied if any required State or local authorization and/or certification is denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register is the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision, whether to issue a permit, will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts that the proposed activity may have on the public interest requires a careful weighing of all those factors that become relevant in each particular case. The benefits that maybe expected to accrue from the proposal must be balanced against its foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore decided by the outcome of the general balancing process. That decision should reflect the national concern for both protection and use of important resources. All factors that may be relevant to the proposal must be considered including the cumulative effects of it. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (according to Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer decides that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the public interest of the proposed activity. k, Generally, the decision whether to issue this DA permit will not be made until the NCDWQ issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons wanting to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the NCDWQ, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before April 10, 1998, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., April 10, 1998, or telephone (91.0) 251- 4636. 4 MOORE'S INLET ST. SITE m N X O w a q NC HWY 74 VICINITY MAP HE NOT TO SCALE HOLIDAY INN SUNSPREE RESORT WRIGHTSVILLE BEACH, N.C. -PROPOSED DREDGED FILL BMS Architects, PC 514 Market Street PO Box 3667 Wilmington, NC 28406 AREA MAR NOT TO SCALE SHEET k of 3 IIN Qf' ohs 41?1? No1115M?2lJ. 1'?9t?d.W??M ?lt1flA'IJ?11 3JsN=1 21 MN1N .-.._ .. .. ? . k li I A 131, ' NolYxlS )4 d. l3d"Ol.) _ I oo jg•91.j. nt J? ?¢1. arlnQ k??wad ? ??'?sal:l ? A MID i1 M? Rslr W?? aNn ralcl5 0 0 o 9 p L1 ISO-if N io I I c N IBS t W M C V W O ?. 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