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
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Permit Class
New STATE OF NORTH CAROLINA
Department of Natural R_ Community Development
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Cogs, e0urc?s? scion
EO Majo' Developnt< nt ins, i onmental
Conceri tci
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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.
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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
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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
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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
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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
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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
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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
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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.
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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