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HomeMy WebLinkAbout20081373 Ver 1_CAMA Application_20080908?? NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James N. Gregson, Director William G. Ross Jr., Secretary Co-M., 08- 13 -13 Date September 5, 2008 MEMORANDUM: ' ?Jl TO: Cyndi Karoly yE'. LL t,?!? < 7 f 1 .F. L ?tay.c Tl :; a4?,Alaivi? Cyndi Karoly 'WETLANDS ilAt!) Division of Water Quality-Surface Water Protection FROM: Jason Dail, Express Permits Coordinator 127 Cardinal Drive Ext. Wilmington, NC 28405 SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Town of Ocean Isle Beach Project Location: Located between Concord Street and Lee Street, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to perform maintenance dredging within the existing concrete canals and access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 1, 2008. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, 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 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www,nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of Ocean Isle Beach 2. LOCATION OF PROJECT SITE: Located between Concord Street and Lee Street, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Ocean Isle Beach, Brunswick County. Photo Index - 2006: 1-6156, H-O, 2-18 2000: 1-9, H-O, 2-19 1998: 2-26, D-N, 2-23 State Plane Coordinates - X: 15734 Y: 662351 GPS File: N-09041 1B -Lat:33°53'38.51" Long: 78°25'22.87" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/04/08 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - completed 9/02/08 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Ocean Isle Beach Land Classification From LUP - Conservation/Resource Protection (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - Municipal (F) Type of Structures: Existing - Concrete bulkheads along canal walls and multiple floating docks within canals. Planned -None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRFnC,Fn FTT T FT) nTLMT? (A) Vegetated Wetlands ("404" type and coastal) (B) Non-Vegetated Wetlands 633,920 sq. ft. Open water (14.55 ac.) (maintenance dred in ) (C) Other 1,900,000 sq. High ground ft. (43.61 ac.) (disposal area) (D) Total Area Disturbed: 2,533,920 sq. ft. (58.17 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to perform maintenance dredging within the existing concrete canals and access channel. Town of Ocean Isle Beach Page Two 9. PROJECT DESCRIPTION: Criser Troutman and Tanner Consulting Engineers, on behalf of the Town of Ocean Isle Beach, have requested that the attached application be processed under the Express Permit Review Program. The project site is located between Concord Street and Lee Street, adjacent to the AIWW, in Ocean Isle Beach, Brunswick County. To get to the site, take Hwy 17 south from Wilmington toward Myrtle Beach. Turn left onto Ocean Isle Beach Road SW, approximately 32 miles from Wilmington. Travel along Ocean Isle Beach Road and cross the high-rise bridge (road turns into Causeway Drive). Continue along Causeway Drive and turn left onto E. 2°d Street on the Island. The concrete canals are located on the eastern end of the island, between Concord Street and Lee Street. Currently, the canals are bordered by residential properties and rolled concrete bulkheads stabilize the shoreline. The spoil disposal site for this project is located approximately 0.5 miles south of the Ocean Isle Bridge along the AIWW. The disposal site is a COE borrow area and is designated as COE Disposal Area4309. The thirteen (13) combined canals, access channel and entrance canals comprise approximately 14.5 acres. The disposal site ranges in elevation from Y-17' above Normal High Water and is approximately 43.0 acres in size. Concrete bulkheads surround the canals and 17' tall dike walls contain the disposal island. The properties bordering the canals are developed and vegetation consists of lawn grasses and ornamental landscaping. There are multiple areas where coastal wetlands exist along the shoreline within the canals and these areas consists primarily of Smooth Cordgrass (Spartina alterniflora), intermixed with Salt Grass (Distichlis spicata), Sea Lavender (Limoium carolinanum) and Salt Meadow Hay (Spartina patens). Additionally, these same species of wetlands encompass the spoil disposal site. Transitional species at the disposal site include Wax Myrtle, Yaupon, Red Bay, Sea Oxeye, Goldenrod and Grounsel-bush. The Town of Ocean Isle Beach is processing this major permit application for maintenance dredging due to an oversight, which ultimately lead to expiration of the maintenance permit. CAMA Major/Dredge and Fill Permit 959-96 was originally issued to the Town of Ocean Isle Beach on 4/24/96. Since the expiration of the CAMA Major permit, the applicant has been performing maintenance dredging, through bucket and barge type operations, under CAMA General Permits. The previous permits have conditionally approved dredging activities to the area located within the confines of the entrance canals and access channel(s). The originally proposed dredging activities remain the same, however the disposal location has changed. The Ocean Isle Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the AIWW, in the vicinity of the project area, are classified as SA by the N.C. Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The Town of Ocean Isle Beach is proposing to perform maintenance dredging within the thirteen (13) concrete finger canals and access channel to maintain safe navigation. According to the application package and site drawings, a total of approximately 56,650 cu. yds. of material would be hydraulically dredged from the canals and access channel. The Town proposed 40' wide cuts, 6' below Normal Low Water (NLW) within the access channel and 20' -25' wide cuts within the finger canals. Existing water depths vary and range from -2.5'to -3.5', relative to NLW. The proposed dredging activities would remain within the same footprint as originally permitted. The access channel would measure approximately 3,750 linear feet and the finger canals would total approximately 21,040 linear feet. According to the application package, the proposed dredging activities would be located a minimum of 10' from any areas of Coastal Wetlands. Town of Ocean Isle Beach Page Three Spoil material generated from the dredging activities would be hydraulically dredged to a Federally designated borrow island located along the AIWW (COE island #306), approximately 1,300 feet west of the entrance canal. The disposal island is approximately 3,800' x 500' in size and is surrounded by Coastal Wetlands. Given the top of dike elevations, there appears to be approximately 11' of depth available for spoil disposal within the diked area. The dike walls would be groomed at a 3:1 slope and a new spill box and outlet pipe would be constructed on the western side of the island. The terminal end of the discharge pipe would terminate approximately 50' below NLW, into an area Closed to the harvest of shellfish. The COE has indicated that they have received the Town's request to place spoil within disposal site#306, however, they have not yet granted approval. 10. ANTICIPATED IMPACTS: The proposed maintenance dredging would impact approximately 633,920 sq. ft. of previously dredged shallow bottom and spoil disposal would disturb approximately 1,900,000 sq. ft. of high ground within the existing dike containment area. As proposed, it appears that the dredging and disposal activities would not impact Coastal Wetlands, Primary Nursery Areas (PNA), Submerged Aquatic Vegetation (SAV) or open shellfishing waters. Increases in turbidity should be expected during the dredging period however, no long term or adverse impacts are anticipated. Submitted by: Jason Dail Date: 9/4/08 Office: Wilmington BCM MP-1 CO?.1'1 ?k? ? ? $ " ? 31 3 APPLICATION for Major Development Permit k (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Ocean Isle Beach Project Name (if applicable) 2008 Maintenance Dredging "Concrete" Canals Applicant 1: First Name Daisy MI L. Last Name Ivey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3 West Third Street PO Box City Ocean Isle Beach State NC ZIP 28469 Country USA Phone No. (910) - 579 - 7070 ext. FAX No. (910) - 579 - 8804 Street Address (if different from above) City State ZIP Email daisy@oibgov.com 2. Agent/Contractor Information Business Name Criser Troutman Tanner Consulting Engineers Agent/ Contractor 1: First Name Jeffrey MI R Last Name Troutman, PE Agent/ Contractor 2: First Name MI Last Name Mailing Address 3809 Peachtree Avenue, Suite 102 PO Box 3727 City Wilmington State NC ZIP 28403 Phone No. 1 (910) - 397 - 2929 ext. 107 Phone No. 2 (910) - 297 - 4049 ext. FAX No. (910) 397 2971 Contractor # Street Address (if different from above) City State ZIP Email jroutman@cttengineering.com <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd # Brunswick between Via Old Sound Boulevard and Lee Street Subdivision Name City State Zip "Concrete" Canals Town of Ocean Isle Beach NC 28469- Phone No. Lot No. (s) (if many, attach additional page with list) (910) - 579 - 7070 ext. "Concrete" canals, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ?Natural ®Manmade ?Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Town of Ocean Isle Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 23,990 LF 51 acres +/- c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 50' width lots, NWL (normal water level) (If many lot sizes, please attach additional page with a list) (See plans for disposal basin elev. ®NHW or ? NWL e. Vegetation on tract Grass, small shrubs and trees in disposal area. f. Man-made features and uses now on tract Existing disposal island, dikes, spillway structures and discharge piping used for dredged material disposal. Existing concrete canals used for navigation, recreation and fishing. g. Identify and describe the existing land uses adjacent to the proposed project site. Conservation, developed. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-1 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> r-orm u?,ivi Ivr- i (rage 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ?Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. County water system, p Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose of the project is to provide sufficient water depths for small vessel passage into community canals by year-round as well as seasonal residences. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dredging will utilize a hydraulic dredge to remove dredge material from the canals and place material in an existing disposal basin as shown on the attached maps in accordace with all conditions issued as part of the permit. d. List all development activities you propose. Maintenance dredging of canals to a depth of -6.0' MLW with 40' widths for the "header" canals (Canals 18 and 19), 25' widths for Canals 1-13, and 20' widths for the Tees located at the southern end of Canals 1-13. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing project. f. What is the approximate total disturbed land area resulting from the proposed project? 36+/- ?Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ?No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing discharge is surface runoff. Temporary discharge of overflow water during dredging event through spillway structure at disposal island. i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA j. Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name "Note: A letter has been mailed to all riparian property owners by the Town, Phone No. indicating that a set of plans is on file at the Town Hall for review. See Appendix D enclosed within this application package.- Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. #38-01, April 6, 2001, Town of Ocean Isle Beach #133-96, October 2, 1996, Town of Ocean Isle Beach #59-96, April 1996, Town of Ocean Isle Beach #4-94 & #ss-94, Town of Ocean Isle Beach h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary . j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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. Date 101 Print Name Daisy Ivey - Town Ad Signature 2Z Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development ?DCM MP-4 Structures Information Form DCM MP-2 EXCAVATION and FILL (Except for 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 3,750 21,040 LF Width 40' 20' to 25' Avg. Existing 5 +/- MLW -2 -3.5 +/- MLW NA NA Depth . Final Project -6 0' MLW -6.0' MLW NA NA Depth . 1. EXCAVATION ?This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. 56,650 Sand, sediment, detritus c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. None Z. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable a. Location of disposal area. b. Dimensions of disposal area. USACE Disposal Area #306. See attached map on drawings 3,800 ft. X 500 ft. c. (i) Do you claim title to disposal area? ?Yes ®No ?NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ®Yes ?No ?NA (ii) If yes, where? USACE Disposal Area #306 approved case-by-case basis. f. (i) Does the disposal include any area in the water? ?Yes ONo ?NA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 - Structures) a. I ype of shoreline stabilization: []Bulkhead ?Riprap []Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance waterward of NHW or NWL f (i) Has there been shoreline erosion during preceding 12 months? []Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES E] This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ?No I-1 NA b. (i) Will fill material be nlaced in cnastal wetlands/marsh lCWI If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Existing spillway device will be removed and replaced with new structure. Flash boards will be used to keep sediment contained within site. Silt fence will be used for erosion control. See plan. C. (i) Will navigational aids be required as a result of the project? []Yes ?No ?NA (ii) If yes, explain what type and how they will be implemented. Locations of floating and submerged pipelines will be clearly marked with signage, flags and bouys. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hydraulic pipeline dredge, backhoe, dozer, etc. d. (i) Will wetlands be crossed in transporting equipment to project site? ?Yes ®No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. q Date 2008 Maintenance Dredging - Concrete Canals Town of Ocean Isle Beach Project Name Mrs. Daisy L. Ivey Aplicant ame igna re i s Fffortis produced for illustrative purposes as a general guide to t `;' ~ •? r c. Informational data used for this map were collected l y r: ate, county, and private organizations. While every o keep this map accurate and up-to-date, it is not lace any official source. Under no circumstances shall the j State of North Carolina be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance }} -= t i f -d _ T 1 r - r 13 x N_ VA i ??4??., i? - ?,?, ?.` •?li ? .'P ? iii \ 1"?? f / ?.v aasn?w„? Shallotte River { Yy;eran „e 1ss ??? r .010321 a J 11 i? Shallotte Creek * f• - (Little Shallotte sop t&..? River 010321c I ??•?.+:_` ; F Saucepan Creek l ry i? 0103 21 1 1 X '° ' i OfA wr , C i r o M, . c t Calabash River Gause Landing Area 1 1? r+„ t s _? -i -` .0103 22 r .0103 22 a . 4, - :0103 21 b I Sh IlottiV 4 4 . 010511 ats)r (Ocean F Saucepan I -010321 a Creek -- .Old Channel Area - N.ot 0 Kl:?+l 0103 22 b Eastern Channel Area , H III i'E? - I ?`;? \0103,22 c i Big Teague Creek ? .0103 22 . ii Little Tea ue. Creek; 'I F E ; .0103 22 d Mad Inlet Area I ;Q10322 c iii gig-Norge Creek ?? { i1S I 119 I 117 ? i Background imagery are U.S. Geological Fishery Nursery Areas Fishery Nursery Areas Survey 1:100,000-scale planimetric maps. h . Primary N Q Permanent Secondary Map Datum: NA083 Q Special Secondary Map Projection: NC State Plane Map Date: July 2006 Q Military Danger 1000 0 1000 2000 Yards Zones and Restricted Areas locator map 0.7 0 07 1.4 Miles '; inland waters (WRC jurisdiction) Map 28 -