HomeMy WebLinkAbout20061490 Ver 1_Complete File_20060925?oF N1 ATF9 p Michael P. Easley, Governor
D G William G. Ross Jr., Secretary
? North Carolina Department of Environment and Natural Resources
> y
Alan W. Klimek, P.E. Director
\?{"-'"""w aY Division of Water Quality
September 25, 2006
DWQ Project # 061490
Onslow County
City of Jacksonville
c/o Mr. Glenn Hargett, Director of Community Affairs
815 New Bridge Street
Jacksonville, NC 28541 ll ??(?0?/]C D
' u? L?5V/
Subject Property: Chancy Creek/1 fillips Park, Jacksonville, 1\C
NOV 3 : 2006
Approval of 401 Water Quality Certification with Additional Conditions UENR•WATER QUALITY
Ih'ETtANDS AND STMAWATER BRANCH
Dear Mr. Hargett:
You have our approval, in accordance with the attached conditions and those listed below, to restore 910
feet of shoreline along Chaney Creek, expand wetlands along a cut off of Chancy Creek, construct a 910
foot long oyster shell sill and plant SAV's behind the sill as described within your application dated
September 7, 2006 and received by the N.C. Division of Water Quality (DWQ) Wilmington Regional
Office (WIRO) on September 12, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3400 (WQC 3400). This
Certification can also be found on line at: http://l12o.etir.state.nc.tis/ncwetlaiids/certs.htnil. The
Certification allows you to use the CAMA Major Permit when issued by the Division of Coastal
Management. In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAi\IA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
tJorth Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone (910) 796-7215 Customer Servicel-877-623-6748
FAX (910) 350-2004 Internet: aw s-.nr ?atcrc?ualit?.rng
i
INCDENR
Page Two
City of Jacksonville
c/o Mr. Glenn Hargett, Director of Community Affairs
DWQ Project # 061490
September 25, 2006
113 Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
Coastal Wetlands 3,150 square feet Sheets 3/7 & 4/7
Open Water (Shallow
water Ilabitat) 3,000 square feet -excavated
15,050 square feet - filled Sheets 3/7 & 4/7 plan dated
November 17, 2005
Buffers N/A (square feet)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Afanual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Alanual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Alanual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the CAMA application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
Page Three
City of Jacksonville
c/o Mr. Glenn Hargett, Director of Community Affairs
DWQ Project # 061490
September 25, 2006
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or LAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a N,,Tltten petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality (DWQ) Permit # 061490 under Section
401 of the Clean Watcr Act. If you have any questions, please telephone Joanne Steenhuis or Noelle
Lutheran-Winstead in the DWQ Wilmington Regional Office at 910-796-7215 or Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721.
Enclosures: WQC 3400
Certificate of Completion
Sinc r
. L G
Alan W. Klimek, P.E.
cc: Dave Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Oversight Unit, Ralcigh
Doug Huggett - CAMA Morehead
Ryan Davenport - CANIA Morehead
Central Files
WiRO
is
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work. approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittce hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
County:
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL _CERTIFICATION _FOR_PROJECTS ELIGIBLE
RPS OF ENGINEEf25 '' ? '
t `
3ENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH'CAROLINA DIVISION OP"
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 213.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 213 .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
Certs
Subject: Certs
From: Kathy Rivera <Kathy.Rivera@ncmail.net>
Date: Mon, 25 Sep 2006 13:59:02 -0400
To: ian.mcmillan@ncmail.net, Doug Huggett <Doug.Huggett@ncmail.net>,
dave.L.timpy@saw02.usace.army.mil, rich Weaver <Rich.Weaver@ncmail.net>
2006 1384 - Anthony Futral - 9/25/06
2006 1490 - CO Jacksonville: Phillips Park - 9/25/06 0 NS`at'i
1 of 1 9/25/2006 2:07 PM
Triage Check List
Date: 9/14/06 Project Name: COJacksonville - Phillips Park Restoration
DWQ#: 06-1490
County: Onslow
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 9/13/06 to 11/11/06
From: Cyndi Karoly Telephone: (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minim ization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Triage Check List
Date: 9/14/06 Project Name: COJaclcsonville - Phillips Park Restoration
DWQ#: 06-1490
County: Onslow
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 9/13/06 to 11/11/06
From: Cyndi Karoly Telephone: (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
a
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Y
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 7, 2006
MEMORANDUM:
TO: Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
20061 490
17: "1
;a ZO(Iti
SEP 1
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: City of Jacksonville, c/o Glenn Hargett-Phillips Park Restoration
Project Location: Onslow County, Phillips Park at 150 Phillips Rd., in the City of Jacksonville along
Chaney Creek.
Proposed Project: Proposes to restore approximately 910 feet of shoreline adjacent to Phillips Park
and expand 404 wetlands along a cut off Chaney Creek. A 910' X 5' oyster shell
sill would be used to stabilize the shoreline. SAV's would be planted behind
proposed sill and various wetland plants would be planted in created wetland areas.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 28, 2006. If you have any questions regarding the proposed project, please contact Ryan
Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: wwwmccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1101.o Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAIVE: City of Jacksonville c/o Glenn Hargett-Phillips Park Restoration
2. LOCATION OF PROJECT SI'Z'E: Phillips Park at 150 Phillips Rd. in Jacksonville alone Chaney Creek.
Photo Index - 2000: None Available 199: None Available
State Plane Coordinates - X: 2473748.526 Y: 370363.798 Rover # J072416A
3. INVES'T'IGATION TYPE: CAMA Dredge k, Fill
4. INVESTIGATIVE PROCEDURE: Dates of Sitc Visit - 5/23/06
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc 8/24/06
Office- Morehead City
6. SITE DESCRIP'T'ION:
A. Local Land Use Plan - Jacksonville-----January 29, 1999
Land Classification From [,UP - Developed, Conservation
B. AEC(s) Involved: CW, PTW, PTS
C. Water Dependent: Yes
D. Intended Use: Approximately 910' of shoreline restoration
F. Wastewater Treatment: Existing - Municipal Scwcr
Planned - N/A
I-. Type of Structures: Existim, - Bulkhead, Sidewalk, Basketball Court, Sewer Line
Planned - Oyster Shell Sills, Lo`c Weir
G. Estimated Annual Rate of Erosion: N/A
Source - N/A
7. 1lAl31'l'rk'1' DI?SCIZIP'I'ION:
EXCAVATF11) 111.1.1?I) 0'1'11F11
(A) Shallow Watcr Habitat 3,000 ft2 15,050 112 N/A
(13) Other Hi-h Ground 39,750 ft2 1.900 ft2 N/A
(C) Coastal Wetlands N/A 3,150 ft2
I N/A
(D) Total Area Disturbed: 62,850 I12
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJEC'T' SUNIINIARY: Applicant proposes to restore approximately 910 feet of shoreline adjacent to Phillips Park
along Chancy Creek and expand 404 Wetlands along a cut off of Chancy Creek. This will be accomplished by cutting
and lilting variouS areas along the creek and the cut to achieve desired elevations. A 910'X5' oyster shell sill would be
used to stabilize the shoreline. SAWS would be planted behind the proposed sill and various wetland Plants would be
planted in created wetland areas.
Field Investigation Report:
Phillips Park
Page 02
---------------------------
9) Narrative Description:
The project is located at Phillips Park in the town of Jacksonville, 011SIO V County. Phillips Pau-k is located alone
U.S. Hwy. 17 in the cenh'al park of Jacksonville. This side of Phillips Park borders the northeast side Chaney
Creek.
Phillips Pcu'k is 7.7 acres in size and ranges from O' to 9' above NHW. Currently on the site thereexists aconcrete
bulkhead, concrete sidewalk, basketball court, sewer line and a sewer Pump station. The high ground portion of
the pau-k is landscaped with various grasses and shrubs. The shoreline of Chaney creek is vegetated with various
404 wetland plants along with Cattails (Tynha spp) and it few patches of Black Needle Rush (JuI1Cns
roenlerianus). US Hwy 17 borders Phillips Nark to the southeast. North and west of the pau-k arc residential
houses.
Chaney Creek is classified as inland waters by NCWRC. The Division of W?llel' Quality classifies this n'ea
of Chaney Creek as SC waters. It is not it PNA and is closed to the taking of shellfish. There are no shellfish
leases in the area. Jacksonville's Land Use Plan dated 1999 classifies this area as Developed and
Conservation within the AEC's. The subsh'ale of Chancy Creek is mostly mud and is approximately I MY
wide in this arell.
10) Project Description:
The town of Jacksonville is Proposing a shoreline stabilization and habitat enhancement Project to he located on
the shoreline of Phillips Park bordering Chaney Creek. The town Proposes to restore 910 liner I'eet ol'shorcline
and enhance an cxistin" cut alone the western side of the park. This would be accomplished by using an oyster
shell sill to stabilize the shoreline. Various at'cas would then he filled and excavated behind the sill and alone the
cut to achieve llcsil'ed elevations. SAV's and other wetland plallls Would be )IMI(eol in then: areas.
The proposed oyster shell sill would he 910' lung, 5' wide and 2.5' hi"h above suhstratc. to it point front O to 6"
above NI.W. The sill would he Placed a maximum of I O' watcrward ol'NHW in the area alone the e.xistin`e 535'
bulkhead and 30'-6O' Watcrward of NI-IW ellong the rest of the shoreline. The applicant proposes ofcslablish tile
I:roWth of nwssels along the sill to improve water quality. An area 5' wide would be planted with SAV's down the
entire landward length of the sill.
Behind the SAV's, where the bulkhead does not exist. 1,107 yo13 fill Would be hr01.1011t in to achieve desired
wetland elevations. This area of fill Would be 350' long and ranee from 5' to 60* wide. Water LICPths in this area
would chant-e from an average range of-5' to 0' at NHW to an avcra?-e of .3' at NI-IW. This Process could Place
fill in 3,150111(350'X9') of Wetlands but the function of these Wetlands should not chan`_e.
In the mouth of the cut the applicant proposes to excavate 3,000ft1(22yd3) from below NHW. This would change
the depths from -1.3' to -1.5' at NLW in this area. An additional 35,55Oft1 of hi,flh ground would he excavated
alone the cut in an effort to expand Section 404 wetlands. The current and finish contours in this cut will range
front O' to 8' above NHW. Two areas. 400ft1 and 1,50Uft1, would be filled to achieve desired contours. A long
weir would be placed between ll'esh water wetlands and tidal waters to control flow. A wetland pocket Would also
he created by excav,ting I?OOft1(30'X?4O') of high ground for stonnwater dissipation.
Field Investigation Report:
Phillips Park
Page 03
---------------------------
10. Anticipated Impacts:
The shoreline stabilization and enhancement project proposed by the town of Jacksonville would provide
habitat for a number of finfish and shellfish species. Vallous wetland plants placed in the area should help to
improve water quality from runoff. The installation of the sill would cause temporary turbidity and could be
dangerous to boaters if not properly marked. The placement of the fill would cause a short-term turbidity
concern if proper sedimentation measures were not employed. The project would disturb a total of 18,050 ft,
of shallow water habitat, 3,150 ftz of Coastal Marsh and 41,650 ft2 of hiceh `eround. The applicant states that
the overall project will restore 1.37 acres of freshwater and tidal wetlands, I I acres of shellfish habitat and
. I I acres of Submerged Aquatic Vegetation habitat.
Name James Ryan Davenport Date March 31, 2005 Morehead City
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0°6 (SO)
r Certification No.3301 (see attached) s
can be applied:;-
Ilk
3 III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff s 1
L determined that additional review and ' $400 60°16 (5240) 40% ($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:"
i r-
i,
III(D). If General Water Cuality
Certification No. 3301 (see attached) $400 = 60%($240) 401,b (5160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more }
5415
% (5265)
60
40°0 (5190)
than one acrd of wetlands and/or
T= open water areas:
Form DCM-MP-1
APPLICATffON
(To be completed by all applicants) 2 0 0 6 1 4 8 0
1. APPLICANT
a. Landowner:
Name City of Jacksonville
Address 815 New Bridge Street
City Jacksonville State NC
Zip 28541 Day Phone 910-938-5200
Fax
b. Authorized Agent:
Name Glenn Hargett, Director of Community Affairs
Address City of Jacksonville, 815 New Bridge Street
City Jacksonville
Zip 28531
Fax (910)155-6761
c. Project name (if any) Chaney Creek/Phillips Park
Restoration Project
State NC
Day Phone (910)938-5368
NOTE: Perndt wiU be issued in name of lw damwr(s), and/or
project nano.
2. LOCATION OF PROPOSED
PROJECT
a. County Onslow
b. City, town, community or landmark
Phillips Park, Jacksonville, NC
c. Street address or secondary road number
150 Phillips Road
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Chaney Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Marsh and wetland restoration, submerged aquatic
vegetation (SAV) planting., oyster bed installation.
and stormwater wetland creation
b. Is the proposed activity maintenance of an existing
project, new work, or both? new work
c. Will the project be for public, private or commercial
Use? public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. see attached project description
Revised 03/95
Form DCM-AlP-1
b
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 7.7 acres
Size of individual lot(s) n/a
c. Approximate elevation of tract above MHW or
NWL ranges from hiHW to approximately 9'
d. Soil type(s) and texture(s) of tract
Dorovan muck and Baymeade-Urban land complex
(fine sands and mucks)
e. Vegetation on tract lawn crass, scrub/shrub
f. Man-made features now on tract concrete bulkhead.
sewer line, sewer lift station, basketball court
g. What is the CAMA Land Use Plan land
classification of the site? (Contuk the local lane use plan.)
X Conservation Transitional
Developed Community
Rural Other
(Estuarine Shoreline - beyond AEC is Developed)
h. How is the tract zoned by local government?
R-7 Residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? Yes
(Attach docuntemation, if available)
m. Describe existing wastewater treatment facilities.
public sanitary sewer svstcm
n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
none
o. Describe existing drinking water supply source.
Public water systeni
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
o A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Fon n DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
° A Stormwater Certification, if one is necessary.
° A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
Name
Address
Phone
Name
Address
Phone
sec attached list of adjacent
waterfront landowners
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
nla
° A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
° A signed AEC hazard notice for projects in
oceanfront and inlet areas.
° A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of 1Y ? .
Print Nam#v.wwr Signature
orized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Rcrised 03195
Form DCM-MP-2
TO-WtT r7n_ff0Tq
' AVA RI
AND FffLL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average F1W
Exbting Project
I -noth Width Denth DeDth
Access
channel
(MLW) or (NwL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
'Oyster Shell
Other
(Excluding
shoreline
stabilization)
'? SCI ??sr
del
' '
*9l0 *5 s
.
350' 5'-60' ave -I' ave 0.3'
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards '-' cy
b. Type of material to be excavated soil
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? X Yes No
d. Highground excavation in cubic yards `)18 cy.k
* Excavation as measured on land above N11 1W.
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area any excess material will
be disposed in in approved LCID landfill (''see note below;
b. Dimensions of disposal area tta
c. Do you claim title to disposal area?
Xc Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? same location as above
*Note: Project has been designed to balance cut and fill,
therefore excess material is not anticipated.
Revised 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
n/a Bulkhead n/a Riprap
b. Length n/a
c. Average distance waterward of MHW or NWL
n/a
d. Maximum distance waterward of MHW or NWL
n/a
e. Shoreline erosion during preceding 12 months
n/a
(Source of informarion)
f. Type of bulkhead or riprap material n/a
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap n/a
(2) Bulkhead backfill i?<<
h. Type of fill material n/a
Source of fill material n/a
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
Onsite excaved soil will be used as fill. Oyster shell will be
brought to the site (see workplats).
*Fill as measured from below MLW line.
If yes,
(1) Amount of material to be placed in the
water 286 cv soil & 842 cv Ovster shell
(2) Dimensions of fill area approximately
375'x16' (soil) & 9(0'x5' (Oyster shell) *
(3) Purpose of fill chanev creek has been widened
in the past, till to extend brackish marsh *
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No (Minor fill - area will still
If yes, be considered wethmd)**
(1) Dimensions of fill area approximately
350'x9' (soil) **
(2) Purpose of fill Enhance wetland hnhitat and
provide vegetation diversity**
** Fill as measured from between MHW & MLW line.
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Sediment fences will be
employed across the site anal a sediment boons will be
used :long the shoreline in Chancy Creek
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe and typical landscapim_ hand tools
c. Will wetlands be cr: ssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Chaney Creek/Phillips Park Restoration Project
A t or j Name
JX T S' t
1 (Y'
Date
Revised 03195
Form DCAI-NIP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed None
b. Number of lots or parcels S existing parcels arc
adjacent it) project
c. Density (give the number of residential units and the
units per acre) N/A
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted N/A
i. Describe propose method of sewage disposal.
N/A
j. Have the facilities described in Item i. above
received state or local approval? N/A
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. 0.94 acres sanitary wastewater, industrial /commercial effluent,
upland of hil IW for welland restoration "wash down" and residential discharges).
This project will not provide;utv additional discharges.
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted N/A
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
No pave surfaces will be constructed for this project.
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
N/A
m. Will water be impounded? Yes X No
If yes, how many acres? N/A
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
ChAicy Creek/Phillips Part: Restoration Project
g. Give the percentage of the tract within 75 feet of A I t or e rme
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by S' aqumt
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. u percent Date'
Revised 03/95
Chancy Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
PROJECT DESCRIPTION
The City of Jacksonville received a NOAA grant to initiate a community-based restoration
project within the Chaney Creek watershed. Chaney Creek is a tidally influenced coastal surface
water that runs through the heart of the City of Jacksonville. Although adjacent to a City park,
Chaney Creek is no longer a viable environmental or recreational resource due to marked
eutrophication and fecal coliform levels that exceed the recreational standard for North Carolina.
The core goal of the Chaney Creek Restoration Project is to extend the City's existing habitat
restoration efforts into other areas of the city to improve conditions in the overall New River
watershed. Primary objectives include restoring 1.37 acres of habitat including freshwater and
tidal wetlands in a highly visible park and on private lands; restore 0.11 acres of oyster bed;
restore 0.11 acres of submerged aquatic vegetation; create a volunteer monitoring program that
educates the public about challenges to habitats and uncontrolled growth; as well as educate the
general public about habitat and individual actions that can be taken to protect and preserve
habitat. This project will benefit living marine resources by providing self-sustaining critical
nursery refugia and developmental habitat for commercially important species such as blue crab;
brown, pink and white shrimp; flounder; menhaden; mullet, speckled and sea trout and red drum.
The wetlands, plantings, and oysters will be installed according to local, state and federal
standards. Sediment fences will be employed across the site and a sediment boom will be used
along the shoreline in Chaney Creek. Construction equipment to be used will include a backhoe
and typical landscaping tools. Aesthetically pleasing native landscaping will be utilized. The
City will protect the restoration efforts by establishing permanent conservation easements on the
areas restored. This project is not located within an AEC Hazard Area. This project complies
with the NC Environmental Policy Act (NCGS 113A-1 to 10).
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513
Chaney Creek/Phillips Park Restoration Project
Adjacent Riparian Property Owners
A STORAGE INN
106 N Marine Boulevard
Jacksonville, NC 28540
Phone: (910)347-3700
PIN: 437607593544
DIGIOIA, RALPH J & SHIRLEY P
517 Sherwood Road
Jacksonville, NC 28540
Phone: (910)347-2187
PIN: 437718301371
PIN: 437718301339
TURNER, RUSSELL B & OTHERS
515 Sherwood Road
Jacksonville, NC 28540
Phone: unlisted
PIN:437718301409
MURRAY, RUFUS E
1050 W Corbett Avenue
Swansboro, NC 28584
Phone: (910)326-7800
PIN: 437718302513