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20001262 Ver 1_COMPLETE FILE_20000921
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Q D E N R October 24, 2000 DWQ# 00-1262 Brunswick County Phillip H. Brock 198 Greensboro Street Holden Beach, NC, 28462 And Ann Price 196 Greensboro Street Holden Beach, NC, 28462 APPROVAL of 401 Water Quality Certification Dear Mr. Brock and Ms. Price You have our approval, in accordance with the attached conditions, to place fill in 014 acre of vegetated wetlands in order to construct a replacement bulkhead on your properties in Brunswick County, as described in your application received 21 September 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Numbers 3274. This Certification allows you to use your CAMA Permit when it is issued by the Division of Coastal Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 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 for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-9646. Sincerely, Kerr T. Stevens Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper MEMORANDUM TO: John Dorney Regional Contact: .i. Steenhuis Non-Discharge Branch WQ Supervisor: irk Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Phillip H. Brock & Ann Price Project Number 00 1262 Recvd From DCM Received Date 9/21/00 Recvd By Region Project Type replace bulkhead County Brunswick County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE F_ F 15 25 SA HQW 30,759. 0.01 I - I - LAMA SM O Y O N Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: DQ Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no objections to the proJ P .t as imposed cc: Regional Office Central Office Page Number 1 Facility Name Phillip H. Brock & Ann Price County Brunswick Project Number 00 1262 Regional Contact: J. Steenhuis Date: 10/13/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 State of North Carolina Department of Environment ' and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director September 18, 2000 MEMORANDUM: 001262 TO: Mr. John R. Dorney, NCDENR Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27611-7687 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Phillip H. Brock Project Location: 196 & 198 Greensboro Street, Holden Beach, Brunswick County Proposed Project: Applicants have two 50' developed lots with a failing bulkhead. They are proposing to fill 600 square feet of coastal marsh to build a replacement bulkhead in line with the adjacent bulkhead walls. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 8, 2000. If you have any questions regarding the proposed project, please contact Janet Russell at extension 249. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1 VIM. • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 001262 1. APPLICANT'S NAME: Phillip H. Brock & Ann Price 2. SITE LOCATION: 196 & 198 Greensboro Street, Holden Beach, Brunswick County Photo Index - I : 4-38 Grid Q-17 State Plane Coordinates - X: 221 3600 Y: 15 600 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 30 and September 15, 2000 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - September 11, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Holden Beach Land Classification From LUP - Developed (B) AEC(s) Involved: CW, EW, PT (C) Water Dependent: Yes (D) Intended Use: Bulkhead Replacement (E) Wastewater Treatment: Existing - Septic System Planned - No Change (F) Type of Structures: Existing - 2 Driveways, 2 Houses, 2 Septic Systems, Bulkhead, 2 Docks Planned - Bulkhead Replacement (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nPP' M:7r1 =T 7 V7-% n•rrruan (A) Vegetated Wetlands Coastal Marsh 100' x 5.5' (B) Non-Vegetated Wetlands (C) Other W) i otai area Listuraea: Approx. buu square feet (E) Primary Nursery Area: No (I) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicants have two 50' developed lots with a failing bulkheads. They are proposing to fill 600 square feet of coastal marsh to build a replacement bulkhead in line with the adjacent bulkhead walls. Philip Brock & Ann Price Page Two 9. PROJECT DESCRIPTION The subject properties are two 50' wide by 100' long developed lots on Greensboro Street in Holden Beach, Brunswick County. The lots are side by side, bordered by Greensboro Street and a man-made canal. The canal empties into the Atlantic Intracoastal Waterway. There is a Spartina alterniflora marsh fringe that separates the existing bulkheaded lots from the open waters of the canal. This fringe consists of plant stem stubble with no aerial plant parts. The reason for the appearance or health of the marsh fringe is unknown. While no healthy plants are present, we are considering this area as marsh habitat. The lots are separately owned and have been developed for a number of years. Existing features on each lot is a house, driveway, septic system, a failing bulkhead wall, pier and dock. The applicants are applying to construct a replacement, wooden bulkhead wall waterward of the existing wall structure. Backfill material would be hauled in from off site. All lots along this canal have bulkheads. The applicants' bulkhead wall has had minor repairs over the last couple of years, but is again leaning noticeably. Complete replacement is now recommended by the contractor. The applicants' residences are quite close to the existing bulkhead wall making access to and replacement of the wall structure difficult. Please see the site plan submitted as part of the application package. The bulkhead contractor feels that the only feasible way to build a new bulkhead is to construct it on the marsh side of the existing wall, leaving the existing wall in place. The applicants are asking to line up with the adjacent bulkheads which are 5'-6' waterward of their existing wall. Approximately 600 square feet of coastal marsh habitat would be filled as a result of building a new bulkhead that far waterward of the old wall. The waters of the canal have been classified as SA by the Division of Water Quality. The waters are closed to shellfishing and are not a designated Primary Nursery Area. 10. ANTICIPATED IMPACTS Approximately 600 square feet of coastal marsh habitat would be filled as a result of this work. The applicant has estimated that about 18.5 cubic yards of sand mateial will be needed to backfill the proposed bulkhead wall. This material will come from off-site. Temporary turbidity could result in nearby waters as a result of the construction. Marsh grasses outside of the proposed bulkhead alignment could be temporiarly impacted by foot traffic and building materials. Janet M. Russell / September 18, 2000 / Wilmington Form DCM-MP-I APPLICATI ftll? I VE S'- r 2000 DO OY (To be completed by all applicants) DIVISION OF b. ?'OASTAL MANAGEMENT City, town, community or landmark 1. APPLICANT Holden Beach C. Street address or a. Landowner: Phillip H. Brock Name Ann Price 198 Greensboro Street Address 196 Greensboro Street City Holden Beach State N. c. Zip 28462 . Day Phone 910-842-6709 Fax b. Authorized Agent: Name Phillip H. Brock Address 198 Greensboro Street City Holden Beach State N.C. Zip 28462 Day Phone 910-842-6709 Fax c. Project name (if any) Phillip H. Brock NOr: PernIIr will be iuned in name of lmsdowner(rJ, m?/vr projea name. 2. LOCATION OF PROPOSED PROJECT a. County_ Brunswici- secondary road number 198 Greensboro Street d. Is proposed work within city limits or planning jurisdiction? XX Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) man made canal off ICW 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. Bulkhead and fill in dirt to level b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Peplace damaged bulkhead 1tth new bulkhead. All manual labor Work to be done during low tide. Revised 031?S Form DCM-MP-1 S E P 1 1 2000 DIVISION OF NAGW ribe existing wastewater treatment facilities 4. LAND AND WATER _ Septic tank CHARACTERISTICS a. Size of entire tract 10 O ft x 100 f t b. Size of individual lot(s) 5 0 f t x 100 ft c. Approximate elevation of tract above MHW or NWL 6 f eet d. Soil type(s) and texture(s) of tract Sand- e. Vegetation on tract Lawn grass and landscaping f. Man-made features now on tract House and Bulkhead g. What is the CAMA Land Use Plan land classification of the site? (con uk the local land use plan.) Conservation Transitional . X Developed Community Rural Other h. How is the tract zoned by local government? Residential n. Describe location and type of discharges to wat of the state. (For example, surface runoff, sanit wastewater, industrial/commercial effluent, "w; down" and residential discharges.) NT (l TIT r o. Describe existing drinking water supply source. County water 5. ADDITIONAL INFORMATION In addition to the completed application form, "t following items must be subnutted: A copy of the deed (with state application only) other instrument under which the applicant claims tii to the affected properties. If the applicant is n claiming to be the owner of said property, thi forward a copy of the deed or other instrument and which the owner claims title, plus written permissic from the owner to carry out the project. i. Is the proposed project consistent with the applicable zoning? x_ Yes No (Avad, zoning compliance eenffi=e, f eppLimble) j. Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes XX No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes XX No 1. Are there wetlands on the site? XX Yes No Coastal (marsh) XX Other ve eted marsh If yes, has a delineation been conducted? (Arwcii aoc uneuadon, if available) • An accurate, dated work plat (including plan vie, and cross-sectional drawings) drawn to scale in blac ink on an S 1/2" by 11" white paper. (Refer t Coastal Resources Commission Rule 7J.0203 for detailed description.) Please note that original drawings are preferred am only high quality copies will be accepted. Blue-Iin prints or other larger plats are acceptable only if m adequate number of quality copies are provided b, applicant. (Contact the U.S. Army Corps G Engineers regarding that agency's use of larger drawings.) A site or location map is a part of pla requirements and it must be sufficiently detailed tc guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Donald M. McCormick Address 886 Moyers Road Phone Winston Salem N.C. 2 1 4 336-/60-3532 Name Tom Goetz Address 310 Thorncliff Drive Phone Fayetteville, N,-C-, Name Address Phone S V'' E V E SEP 1 1 200[ 6. CERTMCCccA0MJg1 gj;FPERMISSION TO ENTEK% Kt*-GE NEV7- 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 work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Ibis is the 5 day of Sept , I?9 2000 Print Name_Phillip H. Brock Signature Landowner or rized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. 400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy. Revised 03195 Fortis DCM-MP-2 EXCAVATION, AND FILL ,(Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Foal Exacting Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline uabiliMion) SEA,i200 J DIVISION OF ?OASTAI- MANAGEMENT 1. EXCAVATION a. A unt of material to be excavated from below MH or NWL in cubic yards b. Type of ma ial to be excavated c. Does the area to excavated include coastal wetlands (marsh), sub rged aquatic vegetation s? No (SAVs) or other wetlan Yes d. Highground excavation din cubic ards 2. DISPOSAL OF EXCAVATED MATERIAL . a. L6qation of disposal area b. Dimensio" disposal area c. Do you claim title disposal area? Yes C If no, attach a letter gr ting permission from the owner. d. Will a disposal area bXailable for future maintenance? Yes If yes, where? Revised 03/95 Form DCM-MP-2 ( ' If yes, e. Does disposal area ?911;n marsh), S . s or other ?.J (1) Amount of material to be placed to the Yes No .S?n ? ? Z000 water (2) Dimensions of fill area f. Does the disposal in de r ea in the water? Yes- D1V1S1614 (3) Purpose of fill OF STAL MP"t4AGEM?N? C A b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? . Yes No a. Type of shoreline stabilization _y Bulkhead Riprap b. Length 100 feet c. Average distance waterward of MHW or NWL 5 feet d. Maximum distance waterward of MHW or NWL 6 feet e. Shoreline erosion during preceding 12 months None (Source of information) f. Type of bulkhead or riprap material WOOD g. Amount of fill in cubic yards to be placed below water level (1) Riprap '(2) Bulkhead backfill 18.5 h. Type of fill material SAND i. Source of fill material To be hauled in 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sand will be dumped in front yard of house and hauled by wheel barrow b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? NONE c. Will wetlands be crassed in transporting equipment to project site? Yes xx No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name Phillip H. Brock Sq;uEure f ? c1 Date _ - ?a TO: NCDENR DATE: 9-6-00 RE: Permit to replace bulkhead FROM: Phillip H. Brock 1 SEP I l 2000 ' ryn4s DtL M ? AGEMENT We purchase this home in March of 1999. At this time the bulkhead was broke and falling in the canal. We tryed to repair the bulkhead at this time. When they tryed to dig out the bulkhead the covered deck and stairs caved in. We had to jack them up and they replaced the old tie backs. They pulled the old bulkhead up as straight as they could. Now the old bulkhead is leaning again and if we do not fix it, it will fall in the canal. I have had several contractors look at it and they said I would need to replace the bulkhead. We want to go out side the old bulkhead with a new one. If we try to dig out the old one without a new one in place the cover deck and stairs will fall and cause major damage to my home. There is no marsh grass where we would place the new bulkhead. I have talk with the town and my neighbors and we want to place the new bulkhead even with the neighbors bulkhead. If we try to replace bulkhead the contractor said he would not be responsible for damage to my home. If the bulkhead is removed or falls there will be major damage to my home. This is not a summer home, this is my only residence. Thanks for your time and help. /?/? `l!/ 'ee-? Phillip H. Brock TO: NCDENR DATE: 9-4-2000 FROM: Ann Price SEP 1 i 2090, COgS A?? ISION OF MANpGEMEAfT I own the lot at 196 Greensboro Street, Holden Beach, N.C. I am authorizing Phillip H. Brock to apply on my behalf for a CAMA permit to replace the bulkhead. He has the right to act as my agent and do what ever he needs to do to get my bulkhead fixed. L (SEAL) Ann Price PURPOSED BULKHEAD FOR PHILLIP H. BROCK AND ANN PRICE HOLDEN BEACH HARBOR SUBDIVISION GREENSBORO STREET NORTH in. = 20 ft. 3 ) r n 3 DOCKS E MAN MADE CANNAL R DIVISION OF r)ASTAL MANAGIEME T I HEREBY CERTIFY THAT THE ATTA ?p '?•? S ?i COMMENCING AT MONUMENT "HB 11", (N.C. GRID COORDINATES: N - 59,674.972 SURVEY IS A TRUE AND CORRECT PRE AND E 2,214,491.342)• THENCE S 82'38'38"W 2133.36 FEET TO MONUMENT OF LAND SURVEYED AND PLA NDE SUPERVISION 1 HB 12 (N.C. GRID COORDINATES: N - 59,401.828 AND E - 2,212,375.538); AND IS RI ACCORDANCE WITH THGSTAI ARDS FF?? THENCE N 03'55'02"W 1266.97 FEET TO A P.K. NAIL; THENCE N 88'28'47'E PRACTICE FOR LAND SURVEYING 0 NOR ?X _ AR?I?L = 927.29 FEET TO A P.K. NAIL; THENCE S 88'22'14"E 400.69 FEET TO NRB "A"; w ? LLLLLL LLLL?????8 :t THENCE N 88'14'53"E 49.93 FEET TO EIR "B". ALL BEARINGS ARE ORIENTED, , LL TO N.C. GRID NORTH, N.A.D. 1927. ALL DISTANCES ARE HORIZONTAL GROUND THOMAS W, MORCAN, PLS L-2518 ?ii?0 Wes` DISTANCES. ?q y4111111111111,',, N 0 N O)L ( 1 A ???? y O ? r1 L Z 0 GREENSBORO STREET J'I? 0 50' RIGHT-OF-WAY U `P I ZOQQ 0 o 1 A ~,. „ION OF Z `^MNAGEMENT Of z PAVING 0 EDGE OF ASPHALT CJ r O Z = GRAVEL ? WM DRIVE „A„ UP B. EIP S 88'14'53" W NRB N 88'14'53" E b EIR N 88'14'53" E ERB 49.93' 49.93' Ee 49.76' I LANDSCAP N N AREA N LOT ?- LOT of LOT I 211 212 213 I - 36. 7.2' J COVERED DECK I cover deck aD 6 8, _j ? 32.3 03 o O 3.8 0 0 I LA rs existing O " EXISTING N O house t N HOUSE HOLDEN BEACH I 2.0 m HARBOR I SUBDIVISION 0 32.3 11.0' °o MAP BOOK 7, PAGE 24 6.9 J I cover deck ? COVERED DECK NRB 00 NRB Ln - - - _ - N - - .- -STATIONARY - - o BULKHEAD DOCK BULKHEAD 0 0 I 49.93' _ S 88'14'53" W NOTES: CANAL *LOT 212 IS IN FLOOD HAZARD ZONE "AE" BASE , ELEV. - 14 FEET. THE HOUSE ON LOT 212 APPEARS TO BE TWO LIVING 4 LEVELS ON PILINGS WITH GROUND LEVEL ENCLOSURE BELO W. FL OA ING CK © 1999, BRUNSWICK SURVEYING, INC. 20 0 20 BRUNSWICK 40 • SURVEYING INC SCALE 1 . 20' FEET , Thomas W. Morgan, P.L.S VICINITY MAP NOT TO SCALE LEGEND: 1027 Sabbath Home Rd. , SW SITE EIP 0 EXISTING IRON PIPE (FOUND) Supply, North Carolina 28462 (910)842-9392 NRBO NEW RE-BAR (SET) INTRA Plat Of Survey For TAL WA WAY ERB0 EXISTING RE-BAR (FOUND) '- `- EIR O EXISTING IRON ROD (FOUND) PHILLIP H. BROCK and GREEN5- WM ? WATER METER JUDY P. BROCK BDRO ST. EB [I ELECTRICAL BOX UP b UTILITY P MADE.FROM LOT 212, (198 GREENSBORO STREET), HOLDEN BEACH HARBOR S OLE -M-? M- FENCE UBDIVISION, (MAP BOOK 7, PAGE 24), HOLDEN BEACH, NORTH CAROLINA AND EXISTING PHYSICAL EVIDENCE OCEAN VIEW . TOWNSHIP COUNTY STATE DATE ATLANTIC HIGH PRINT BLVD. WEST OCEAN ST. LOCKWOOD FOLLY BRUNSWICK NORTH CAROLINA 2-03-99 FIELD BOOK 410-20 FILE N0. 99014 108 N0. 99-024