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HomeMy WebLinkAbout19870236 Ver 1_COMPLETE FILE_19870908DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 September 1, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-010-0300 Mr. T. D. Roberson Town of Ocean Isle Beach 17 Causeway Drive Ocean Isle Beach, North Carolina 28459 Dear Mr. Roberson: RECEIVED SE ° 0 8 X987 WATER QUALITY SECTION OPERATIONS BRANCH Reference your application for a Department of the Army permit to doze and grade sand for the purpose of building and refurbishing dunes on approximately 5.8 miles of Atlantic Ocean beach, Ocean Isle Beach, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080- N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 343-4467. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. William Mills Water Quality Section / Division of Environmental I Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Marc Botbol Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 f 'i I 1 2 4 1 1 f SNL--5-r or 2 VARY /tit FI W-? A V i I n ?rkF?rvo C?NFyL` DU"v' TO ?XTF- PI 1) 5N TIRF rTh F- / ?c t t' o/ de, ?,.0. r 9 E d a. t? r ?, U n ?S ? ru-nc_ 7-D 4 Permit Class New STATE OF NORTH CAROLINA Department of Natural R_ Community Development Yr M? C,_ Cogs, e0urc?s? scion EO Majo' Developnt< nt ins, i onmental Conceri tci 1 12 0 Excavation andj6rf, ' g%pitrsua t to NCGS 113-229 Permit Number 170-87 Issued to Town of Ocean Isle Beach, 17 Causeway, Ocean Isle Beach, NC 28459 authorizing development in attached site Brunswick County at ocean beach within Town limits as requested in the permittee's application dated 2/2/87 including and cross section dated 4/9/87. This permit, issued on August 17, 1987 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect the nesting activities of turtles, no grading of material or any other work on the beachfront will be performed between the dates of May 1 - November 15 of any year without the prior approval of the U. S. Fish and Wildlife Service through the Division of Coastal Management. (The permittee is urged to request from the Division of Coastal Management's Wilmington office assistance in identifying endangered structures as defined by rule, and in attempting to protect such structures while working within the intent of this permit restriction. The permittee is, however, requested to schedule, whenever possible, the desired dune restoration from mid-November through March.) (2) Individual and group requests to beach bulldoze may be carried out under this perm.it only after each individual or group has contacted appropriate Town authorities, and after evidence of adjacent landowner notification is submitted to the Division of Coastal Management at the NRCD, Wilmington Regional Office. (3) Equipment used to push beach sand or repair or construct beach dunes will This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1990 In issumg this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of 'the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Kure Beach Permit #170-87 Page 2 ADDITIONAL CONDITIONS not be operated waterward of the mean low water elevation contour. (4) During and after construction activities, a uniform, gradual slope will be maintained between the mean high and low water elevation contours so as not to endanger the public or interfere with the public's use of the beach. (5) The movement of material utilizing a bulldozer, front end loader, backhoe, scraper, or any type of earth moving or construction equipment must not exceed one (1) foot in depth measured from the pre-activity surface elevation. (6) The activity must not significantly increase erosion on neighboring properties and must not have a significant adverse effect on important natural or cultural resources. (7) The activity must not exceed the lateral bounds of the permittee's property unless he has permission of the adjoining landowners. (8) Filling shall be restricted to landward of the mean high water line. (9) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. (10) 'This permit does not grant property rights or exclusive privileges. (11) In issuing this permit, the State any liability for the following: (a) Damages to other permitted or caused by the authorized activity. (b) Damage claims associated with or revocation of this permit. and Federal Governments do not assume unpermitted activities or structures any future modification, suspension, (12) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: The Town should monitor all project activity to ensure compliance with permit conditions. NOTE: If materials of cultural significance, such as the remains of a beached shipwreck are encountered during construction, work must move to another area and the Underwater Archaeology Unit at (919 458-9042) and the U. S. Army Corps of Engineers District Engineer at (919 343-4725) must be contacted to assess the wreckage and determine the proper course of action. NOTE: Section 401 Water Quality Certification No. 2110 was issued on July 8, 1987 by the Division of Environmental Management for this project. 17. itN t WYV"? n e.,aSTAtly State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Wisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director June 19, 1987 Mr. John Sutherland, Chief Water Planning Section Division of Water Resources Raleigh, North Carolina 27611 Dear Mr. Sutherland: The attached copy of an application submitted by: Town of Ocean Isle Beach Applicant's Name Oceanfront properties within town limits Brunswick Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction ,over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than 7/10/87 Sincerely, h R. Parker, Jr., hief Major Permits Processing Section IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 June 5, 1987 SUBJECT: File No. SAWC087-N-010-0300 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of the Town of Ocean Isle Beach, represented by Mr. T. D. Roberson, for a Department of the Army permit to doze and grade sand for the purpose of building and refurbishing dunes on approximately 5.8 miles of Atlantic Ocean beach, Ocean Isle Beach, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. In order to protect the Loggerhead sea turtle, no work will be permitted between the dates of May 1 and October 15 of any year without the expressed, prior approval of the U.S. Fish and Wildlife Service and the North Carolina Division of Coastal Management. b. The beach area will be maintained at a slope so as not to endanger the public or the public's use of the beach. c. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. -2- d. In issuing this permit, neither the State nor Federal Government assumes any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. (3) Damages to other permitted or unpermitted activities or structures caused by the authorized activity. (4) Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 343-4467. Sincerely, Copies Furnished: Charles W. Hollis Chief, Regulatory Branch Mr. William Mills ater Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 30, 1987 SUBJECT: File No. SAWC087-N-010-0300 y'+M1V t-, Mr. T. D. Roberson Town of Ocean Isle 17 Causeway Drive Ocean Isle Beach, Dear Mr. Roberson: Beach North Carolina 28459 On February 6, 1986, we renewed general permit No. SAWCO80-N- 000-0291 (enclosed), which provides Federal-authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 9, 1987, for a Department of the Army permit to doze and grade sand for the purpose of building and refurbishing dunes on approximately 5.8 miles of Atlantic Ocean beach, Ocean Isle Beach, Brunswick County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application. must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWC087-N-010-0300 and will be coordinated by Mr. Ernest Jahnke. He is available to address questions or comments you may have at telephone (919) 343-4467. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- " 16opies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 IN REPLY EFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 30, 1987 SUBJECT: File No. SAWC087-N-010-0300 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: R 1 1, ?1 .?1 t?1? t ? ?ktiiki ; Enclosed is the application of the Town of Ocean Isle Beach, represented by Mr. T. D. Roberson, for a Department of the Army permit and a State Water Quality Certification to doze and grade sand for the purpose of building and refurbishing dunes on approximately 5.8 mile of Atlantic Ocean beach, Ocean Isle Beach, Brunswick County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by June 30, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 343-4467. Sincerely, Cha s W. Ho is hie , Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community.Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 -2- ,. A+.?;? ?? , I . '. ' f f t.. ..' :' .... l ?_ ,. c., i7 r l c, r `3 £l c .' V MSS M 9 X9$6 17 CAUSEWAY DRIVE OR OCEAN ISLE BEACH, NC 28459 April 6, 1987 District Engineer Wilmington District Corps of Engineers P. 0. Box 1890. Wilmington, N. C. 28402 Dear Sir: Please find enclosed a copy of an application for a permit to excavate and/or fill along the beach strand of the Town of Ocean Isle Beach. This application has also been sent to Coastal Management Field Service, Wilmington, N. C. Any questions or correspondence should be directed to T. D. Roberson, Building Inspector, Town, of Ocean Isle Beach, N. C. 28459. Phone 1-919-579-7070. Sincerely, Y' T. D. Roberson. Building Inspector Town of Ocean Isle Beach TDR/pc f APPLICATION Cf :. ' +? '? tx);N? ' FOR p;_t:;Ul.Hi(3r2Y ? PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAAJpORR DiVF,I..OP1IT Department of Administration State of North Carolina r` Departmentof the Army i (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wllmlgjton District (GS 113-229,143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320-329) :. m+LLfe: Please type or print and fill in all blanks. If information is not applicable, so indicate by "lacing 1419 blank. 1. Applicant Information A. Name Town of Ocean Isle Beach B. Address 17 Causeway Last First Middle Ocean Isle Beach, N. C Str28459. Box or Route 579-7070 City or Town State Zip Code Phone 11. Location of Proposed Prcljec?t-. A. County Bx'unSW1CK Ocean zsle Beach, N. C. B. 1. City, town, community or landmark 2. Is proposed work within city limits? Yes X No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Atlantic Ocean I11. Description of Project A. 1. Maintenance of existing project 2. New work Build & Refurbish dune System B. Purpose of excavation or fill _ I. Access channel length width depth 2. Beat basin length width depth 3. 1--ill area length width depth 4. Other Beach I Bu oz ing length 3 0 , 6 0 0 width depth C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A 2. type of bulkhead construction (material) D. Excavated materi I ( of l for project) 1. Cubic yards ' 33 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards N/A' 2_ N/A Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X B. Does the disposal area include any marshland, swamps or other wetland? Yes No C. Disposal Area N/A 1. Location 2. Do you claim title to disposal area? NIA D. Fill material source if fill is to be trucked in N/A L. flow will excavated material be entrapped and erosion controlled? NIA f . I ype of equipment to be used Bu oz ing ron -en. loader, backhoe G. Will marshland be crossed in transporting equipment to project site? If yes, explain no In?ended Use of ProjeclAa (Describe) A. 1. Private // ?? 2. Commercial ---NIA 3. Housing Development or Industrial 4. Other Public Beach e. 1. Lot size(s) 30,600' X 250' sea level 2. Elevation of lot(s) above mean high water 3. Soil type and texture Beach sand N/A 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing Planned N/A B. Describe N/A 6. 'Land Classification?(circle one J_QEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION) OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: r A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No X 2. Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known); 4 feet - 3 feet - 2 feet VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: unknown IX. Length of time required to complete project: 3 years X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served 71S 7 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. See hl>`lac L e. r/ XI. Certification requirement: 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. XII. Any permit issued pursuant to this application will allow only the development described In this appli. cation and plat. Applicants should therefore describe in the application and plat all anticipated devel. opment activities, including construction, excavation, filling, a land clearing. DATE - . Q ` ? ri 7fC ? &"/ J : 40;J lt4, Applicant's S)Oaturc ? A ISLE I I0U I L 2, 60X O N OCEAN ISLE BEACH, NC 28459 Dear Ocean Isle Beach Property Owner: The Town Board, at its March meeting, decided to apply for a general permit for beach bulldozing. This will al low till. he'1(A1 Crelnt propel-1:}> e?wn? e s wl1e? nr'? : r,ne I nod with t:hc.1 Z:,011dit..1.011S of I he 11,oj)t,aI ?Itlni ,1t1 j.w(( I)t t.(V t lei.1- proper.'t-y to build and e nh.a1tce tho-sc dunes. At present only those property owners whose structures are endangered (within 20 feet of the erosion scarf) may immediately bulldoze to protect their structure. Other Ocean Front property owners may bulldoze also but only after waiting up to 25 days for a local CAMA permit to be issued. After the Town is issued a general permit any beach front property owner may take steps to enliance his protection after chec.,ki_nq with the Town B1A1_d.j.r1<,1 Inspector to insure no, permit conditions will be violated. Such conditions would be the prohibition of bulldozing activity during sea turtle nesting seasons, If all permit conditions are met work could begin immediately without the three week waiting period for an individual local CAMA permit.. Enclosed you will find a copy of the application along with a notification :form. The Building Inspector will be happy to answer any questions you should have about this permit. Sincerely, L Dane Bullington ayor, Town of Ocean Isle Beach .&I • 11DJACI-,N`1' RI1,IMFJAN .l,AND(.')WNER:; ;;'f'11TUNI?.N P Geneta L SLaL.uto I.L3-22!) rec.lui_.rc:, t.h?rt. Lrr:i<ai? ].rirelowrrur , with property adjoining a proposed excavation and/or fill project be given thirty (30) days in which to comment on the project. This form allows the adjacent riparian landowner to express either: (1) that he objects to the project or, (2) that he does not object and desires to waive his right to the 30-day. period so that the processing of the application can progress more rapidly. Of course, if Itc. so chooses. I, am an adjacent riparian property owner and have seena copy of the application submitted by dated 19 wherein said applicant requests a permit to excavate, fill, or otherwise alter the land or water adjacent to my property. I have no objection to they project as pr.esonLLy.proposed and hereby waive that right of objection as provided in G.S. 113-229. I have objections to the project as presently proposed and comments are attached Signature of Adjacent Riparian Landowner Date Forward Comments To: Department of Natural. Resources and Community Development Office of Coastal Management 7225 Wrightsville Ave. Wilmington, N. C. 28403 9 .0 ' -V ?.a.. ,;. ...tom WHITEVILLE 74 BOLTON ACME D EL CO 74. 32 17 LELAN 11 W INGTON 211 e7 42 BEACH 30 •,, .,_..WINfMIIOW • ` i 3 $UPFLY BE?C?INA `} 0 2 SNA 211 FORT FISNERO i[ 17 3 I 179 a W EACH .SMITH ISLAND N ' ?? fE OCEAN ! SLE ?? F BEACH ?Q J VICINITY MAP 4 i ..+ -* VARY ?-? ? ? ? I CL?? A ! ti, i Pko F1 ?-E A'h.W Fcoitelf ' nF s?'RRN?• ONEW .DUNS" TO ? x r£r?r? ENTIR//? ?_t//NCri tf w> P?for. prod, ?'rv C o rpo J.ar j e CI a. r ?. v n s tea- . R cOAS7' R 1987 FS FILING NOTICE OF OU APPLICATION FOR CAMA MAJOR DEVELOPMENT RCFS COAM PERMIT AND WATER QUALITY CERTIFICATION The Department of Natural Resources and Community Development hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Town of Ocean Isle Beach ux filed an application on March 27, 1987 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application located on ocean front properties within the town limits proposes to provide beach nourishment and dune rebuilding within the town limits tote area impacted by the ate 1986-1987 storms. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management and/or the Division of Environmental Management, Regional Office 7225 Wrightsville Avenue, Wilmington, North Carolina 28403. The Division of Environmental Management proposes to take final action on this water quality certification on or before June 3 The issuance of the CAMA Major Development Permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may arise. All persons desiring to make comments should do so in writing to Mr. David Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to May 29, 1987 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to May 29, 1987 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Publish on May 14, 1987 ti 1. all State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary July 8, 1987 Director LaDane W. Bullington, Mayor Town of Ocean Isle Beach Route 2 Box 0-8 Ocean Isle Beach, NC 28459 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Beach Bulldozing Town of Ocean Isle Beach Atlantic Ocean Brunswick County Dear Mayor Bullington: Attached hereto are two (2) copies of Certification No. 2110 issued to Zbwn of Ocean Isle Beach dated July 8, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, c: ngina -;y William C. MAls For R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORM CAROLINA Brunswick County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Thwn of Ocean Isle Beach pursuant to an application filed on the 3rd day of May, 1987 to bulldoze to rebuild dunes along the beach at Ocean Isle. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Atlantic Ocean in conjunction with the proposed beach bulldozing in Brunswick County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will nQt violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That filling shall be restricted to landward of the mean high water line. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the.Federal Permit. This the 8th day of July, 1987. DIVISION OF IIWI iTAL b%NAGEMNT Original Signed By William C. Mitts for R. Paul Wilms, Director WQC# 2110 ?r ?"tlq64 a all State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary July 8, 1987 Director IaDane W. Bullington, Mayor Tbwn of Ocean Isle Beach Route 2 Box 0-8 Ocean Isle Beach, NC 28459 Subject: Certification Pursuant to section 401 of the Federal Clean Water Act, Proposed Beach Bulldozing Tbwn of Ocean Isle Beach Atlantic Ocean Brunswick County Dear Mayor Bullington: Attached hereto are two (2) copies of Certification No. 2110 issued to Zbwn of Ocean Isle Beach dated July 8, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 I NORTH CAROLINA Brunswick County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Town of Ocean Isle Beach pursuant to an application filed on the 3rd day of May, 1987 to bulldoze to rebuild dunes along the beach at Ocean Isle. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Atlantic Ocean in conjunction with the proposed beach bulldozing in Brunswick County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will nqt violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That filling shall be restricted to landward of the mean high water line. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the. Federal Permit. This the 8th day of July, 1987. DIVISION OF ENVI ITAL MANAJMgNT Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 2110 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an (application,for State Federal CANA Permit(s) from ?,?-/? (k , 8xrz V? ?0 G c)`rt r, b . L.PC : A. PERMIT' is office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. - That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for his project. Certification is required for this project.- Such action to process the certification has been initiated. Proposed Certification will be cted on or of ter 16 h7- 1,1,6 4i The proposed project is certified under General Certification A) B) C) No. 1179 issued on January 25, 1977, for sewer line construction No. 1272 issued on November 10, 1978, for bulkhead construction. No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal areas. D) No. 1431 issued on October 16, 1980, for boat ramp construction. E) No. 1664 issued on September 8, 1983, for Rip-Rap Placement. F) No. 1665 issued on September 19, 1983, for incidental bridge construction. ?1L5-A? WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE: May 29, 1987 TO: Bill Mills Operations Branch FROM: David H. Cotton Wilmington Regional fice THROUGH: A. Preston Howard, Jr. ?? Wilmington Regional Office "CU SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Town of Ocean Isle Beach Brunswick County The applicant proposes to obtain a blanket permit for the creation and enhancement of dune areas which serve as protection against erosion. The permit would be issued to the Town of Ocean Isle Beach and it would give the Town the ability to issue letter of authorization to individual property owners. This work will be done adjacent to Atlantic Ocean, classified SB. The project has been reviewed to determine impacts on water quality. The following comments are offered: 1. The project will require a 401 Certification. 2. The 401 Certification should contain the following conditions: a. Turbidity shall not exceed 25 NTUs as a result of the proposed activity. b. Filling shall be restricted to landward of MHW. DHC:kc cc: DCM - Marc Botbol CF, WiRO OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Town of Ocean Isle Beach 2. Location of project site Ocean front properties within the town limits of Ocean Isle Beach New photo , 62 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 4-14-87 4-22-87 (B) Was applicant present yes 5. Processing procedure: Application received 3-27-87 Office Wilmington 6. Site description: (A) Local Land Use Plan Brunswick Land classification from LUP Conservation Development constraints identified in LUP 1987 LUPUP, pg. 37 - when existing dunes are added to, this should be accomplished in the manner with minimum damage to existing vegetation. Any area tilled should be replanted immediately or stabilized temporally until panting can be successfully completed. (B) AEC(s) involved: Ocean Hazard X Estuarine shoreline Coastal wetlands Public trust waters X Estuarine waters- Other (C) Water dependent: Yes No Other Both (D) Intended use: Public X Private X Commercial (E) Type of waste water treatment: Existing N/A Planned N/A (F) Type of structures: Existing Residential and Business Planned (G) Estimated annual rate of erosion 3' year Source DCM figures 7. Habitat description: (A) Vegetated wetlands: N/A (B) Non-vegetated wetlands: N/A (C) Other: Upper Beach/dunes Dredged Filled Other App. 176 acres (D) Total area disturbed: App. 176 acres 8. Project summary The applicant proposes to provide beach nourishment and dune rebuilding within the town limits to the area impacted by the late 1986-early 1987 storms. AREA Town of Ocean Isle Beach Page 2 9. PROJECT DESCRIPTION: The Town of Ocean Isle Beach in response to recent severe storms events with accompanying erosion is requesting that a CAMA permit be issued which will allow the Town to issue a letter of authorization to all citizens who request permission to bulldoze. Severe erosion damage from this past winter's storms was limited to the eastern end of the beach; however, a large portion of the beach dunes suffered an insidious damage that leaves much of the beach with a weaker defense against storms when compared to what existed last fall. Four different types of damage can be addressed with a blanket permit. The first type of damage is that which has left the erosion scarf within 20 feet of several structures. The beach bulldozing allowed for imminently endangered structures is a stopgap measure and real protection from a storm can on be accomplished by placing dunes at something more like an arms length distance from the structure. The second type would address the empty lots located between structures imminently endangered by erosion. The Town's position is that if a defensive line is not continuously maintained between occupied lots, homeowners may be faced with erosion problems on two or possible three sides at the same time. The third situation it would address would be the loss of the protective solitary frontal dune. Ocean Isle Beach's dune system consists mainly of a heavily vegetated frontal dune rising eight to thirteen feet above grade backed up by heavily vegetated sand mounds of varying heights. In areas where the frontal dune was lost to erosion the sand mounds are very vulnerable to erosion and the gaps give little protection from storm water. The final situation the blanket permit would address effects the largest portion of the beach. The December-January storm rose to the foot of the frontal dunes and caused the dunes to have a flat face. The well vegetated dunes are holding this cliff-like slope which is very inviting to youngsters to play around and dig tunnels in. A nearby beach experienced the tragic death of a child playing in very similar sloped dunes. The blanket permit would allow applicants to push sand to properly shaped the dunes to make it both safer and stronger. 10. ANTICIPATED IMPACTS The project as proposed will result in short-term siltation and sedimentation problems. The major impact will be the effect of the project on sea turtle nesting. At the present time the existing water run-up would cover nesting sites during spring high tide periods. The project would eventually provide a slope more conducive to nesting activities. Submitted by: Marc Botbol Date: April 29, 1987 Office: WIRO APPLICATION FOR ' PERMIT TO EXCAVATE ANO/OR FILL WATER OUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAORI EN. El QRMkN Department of Administration State of North Carolina Department of the Army (GS 14612) Department of Natural Resources and Community Development Corps of Enslneers, Wilmington District (GS 113-229,143-21-03(a)(1). 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. Applicant Information A. Name Town of Ocean Isle Beach 17 Causeway Last First Middle B. Address Street, P. O. Box or Route Ocean Isle Beach, N. C. 28459 579-7070 City or Town State Zip Code Phone If. Location of Proposed Projcct- A. County Brunswick Ocean Isle Beach, N. C. B. I. City, town, community or landmark 2. Is proposed work within city limits? Yes X No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Ocean I II. Description of Project A. 1. Maintenance of existing project 2. New work Build & Refurbish dune System B. Purpose of excavation or fill _ 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length width -depth 4. Other Beach Bu ozing Iength30 60 1 depth C. I. Bulkhead length N/`?' Average distance watteerward of MHW (shoreline) N/A 2. Type of bulkhead construction (material) 0. Excavated material (total for project) 1. Cubic yards 283,333 2- Type of material E. Fill matcrial to be placed below MHW (sec also VI. A) 1. Cubic yards N/A 2 N/A Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No X B. Does the disposal area include any marshland, swamps or other wetland? Yes No X C. Disposal Area N/A 1. Location 2. Do you claim title to disposal area? N/A D. f ill material source if fill is to be trucked in N/A I.. How will excavated material be entrapped and erosion controlled? N/A I . I vn< oI equipment to he used Bulldozing ron -en oa er, a G. Will marshiand be crossed in transporting equipment to project site? If yes, explain no ??. Intended Use of Project Alfa (Describe) A. 1. Private- N/ H 2. Commercial 3. Housing Development or Industrial 4. Other Public Beach. h: e. 1. Lot size(s) 30, 600' X 250' i` i . 'i. 0i C;?.;`. i r+(.r. ..I'•i: sea level ?.;,. r:.,;;; _ ;? r•:. ?; : •? 2. Elevation of lot(s) above mean high water 3. Soil type and texture Beach sand 4. Type of building facilities or structures N/A 5. Sewage disposal and/or waste water treatment A. Existing Planned N/A B. Describe N/A 6. 'Land Classif"tion'(circle one DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Flan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X 8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No X 2. Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): 4 feet - 3 feet - 2 feet Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in unrnown project area, if applicable: IX. complete project: 3 years Length of time required to X. In addition to the completed application fonts, the following items must be provided: A. Attach a cgpy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. 6. Attach an accurate work plat drawn to scale ongy, X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served 7 R D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. SC G ??7'Q.c ?i Q X1. Certification requirement: 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 wifI be conducted in a manner consistent with such program. XI1. Any permit issued pursuant to this application will allow only the development described In this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, ago land clearing. DATE. C? - . 0 - V ! l ? ? ? Applicant's Sj?haturc r G7 MMItEVIIL.E 74 BOLTON ACME DEL CO 74. 32 IT LELAN It O 67 W INGTON zu 42 eiACNMI 30 . rMYW ?wr. " / / 17 ?` cARpL ?j?? 0 SUPPLY e7 SEACRINA ?V 2 SN 21I FORT f1 S HE 0 r ? v ?, lEACNN WEACM MITH ISLAND OCEAN ISLE BEACH Q P?v • i VICINITY MAP I ? i .sir X ! ? APk :)3f;??v1 '.1Ji t(!tJ'S;Y1??!. ?Fr7?F?F,li.?rt?;Nl :r;:-?ra??Ut[rid??rr;ilrtr? oFFIrtF VARIES o -/z> 100 MNW ALW ?(?AVC PRo Fl ?E NEW P,?OFI ANEW DUNE TO KXTRIYD ENTIRE- L.EN4T// OF- STRANo' w:lk 6.,G ot, ® l-arle ddbri on dwr,&- . ?' APR OFFICE OF C:)ASTAI 1?,ANAGt:PAWI owlt4GTON REMI"Al OFFICE f.b1tAL ?'T Isla ? ROUTE 2, BOX 0-8 OCEAN ISLE BEACH, NC 28459 Dear Ocean Isle Beach Property Owner: The Town Board, at its March meeting, decided to apply for a general permit for beach bulldozing. This will allow all beach front property owners who are concerned with the conditions of the frontal dunes adjacent to their property to build and enhance these dunes. At. pr(- Sant Only t 110:t(• I)r()l„ rt ? c,wiirI :: wli.I•:O• ::I rIit•I t I 1 41:: endangered (within 20 feet o1: the et-us:iuli scant) moy immediately bulldoze to protect their structure. Other Ocean Front property owners may bulldoze also but only after waiting up to 25 days for a local CAIMA permit to be issued. After the Town is issued a general permit any beach front property owner may take steps to enhance his protection after checking with the Town Building Inspector to insure no permit conditions will be violated. Such conditions would be the prohibition of bulldozing activity during sea turtle nesting seasons. If all permit conditions are met work could begin immediately without the three week waiting period for an individual local CAMA permit.. Enclosed you will find a copy of the application along with a notification form. The Building Inspector will be happy to answer any questions you should have about this permit. Sincerely, ? .? 1 1/i / 1`'• 1 L Dane Bullington Mayor, Town of Ocean Isle Beach APR g 1987 OFFICE OF COASTAL rlyt.+h?'ctr?Pd] WILMINGTON RE'kilT ADJACENT RIPARIAN LANDOWNERS STATEMENT General Statute 113-229 requires that riparian landowners with property adjoining a proposed cxc av..li i.c?n ,ulc3/car f i l l pro jcc t. bo given thirty (301 days in which Lo c onunc.•iil ()r) the form allows the adjacent-.._riparian landowner to express either: (1) that he objects to the project or, (2) that he does not object and desires to waive his right to the 30-day period so that the processing of the application can progress more rapidly. Of course, the adjacent riparian landowner need not sign this form at all, if he so chooses. T, rm .in ad jric <nl vi l-ai i an propc'r-t y 0 wr1c1 arid have :;ouII .I (,„ , 4,) I lcc: , dated ] y _ , Whereill Said applicant requests a permit to excavate, fill., or otherwise alter the land or ' water adjacent to my property. I have no objection to the project as presently proposed and hereby waive that right of objection as provided in G.S. 113-229. ---__I have objections to the project as }presently proposed and comments are attached Signature of Adjacent Ripri n Landowner.- Date Forward Comments To: Department of Natural Resources and Community Development Office of Coastal Management 7225 Wrightsville Ave. Wilmington, N. C. 28403 F