19920492 Ver 1_Other Agency Comments_19890407

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DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section

April 7, 1989

M E M 0 RAN DUM

TO:

John Parker

Bill Mills ~

Application for CAMA Permit
Olde Point Associates Limited Partnership
Pender County

FROM:

SUBJECT:

The Subject application has been reviewed for water
quality impacts and the following comments are offered:

a. The project as proposed will require a 401 Water
Quality Certification for the proposed placement
of rip-rap in the ditch.

b. This project has received a stormwater management
plan approval on October 18, 1988 under the
provisions of the low density option. The
proposal to place rip-rap in the ditches is in
conflict with the low density option which allows
no stormwater collection except for grassed
swales. If the rip-rap is not placed in the
ditches, the project will still comply as low
density option.

c. It is recommended that the rip-rap be deleted from
the proposed ditches. If there is no rip-rap in
the ditches, there will not be a 401 Water Quality
Certification required.

d. I have discussed this matter with Gerald Kramic of
Land Quality and he advised that the rip-rap was
not in the approved sedimentation erosion control
plan which was approved in October, 1988.

BM/dbp

cc: Preston Howard

,
. ,

DIVISION OF ENVIRONMENTAL MANAGEMENT

MEMORANDUM

Date:

March 1, 1989

From:

Bill Mills
Operations Branch

Donald safr~
James H. Gregson ~l~
Wilmington Regional Office

Preston Howard A~~
Wilmington Regional ~~ce

To:

Through:

Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8901-D
Olde Point Associates Limited Partnership
Pender County

PROJECT DESCRIPTION: The applicant is proposing to cut three ditches one
ending in the marsh with rip rap the entire length.

ADJACENT WATER BODY: Nixon's Creek

CLASSIFICATION: SA

STATUS: Open

The project has been reviewed to determine impacts to water quality. The
following comments have been provided.

1. The proposed rip raped ditch is inconsistent with the applicatant IS
stormwater management plan - density submittal dated October 18, 1988,
which states that the only kind of stormwater collection system will be
grass swales.

2. The placement of rip rap in wetlands may result in both direct and
indirect degradation of water quality. Therefore it is recommended that
a 401 certification not be issued for this fill. If the applicant could
eliminate placement of rip rap in the wetlands, then a 401 certification
will not be required.

JHG:trw

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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. Applicant's name Olde Point Associates Limited Partnership

2. Location of project site Section 6, Olde Point Subdivision, Cordgrass Road,
near SR 1565, ad;acent to Nixon's Creek, No Photo, 34023'20" 77040'25"

3.

Investigation type: Dredge & Fill

x

CAMA

x

4. Investigative procedure: (A) Dates of site visit 10/20/88
(B) Was applicant present yes

5.

Processing procedure:

Application received 12/12/88

Office Wilmington

6. Site description: (A) Local Land Use Plan Pender County
Land Classification from LUP Rural
Development constraints identified in LUP Low
intensity uses on large sites including residences where urban services are not
required and where natural resources will not be unduly impaired.

Estuarine Shoreline
Public Trust Waters
Other

x

(B) AEC(s) involved:

Ocean Hazard
Coastal Wetlands x
Estuarine Waters

(c) Water dependent:

Yes

No

x

Other

(n) Intended use:

Public

Private

x

Connnercial

(E) Type of waste water treatment: Existing Septic
Planned
(F) Type of structures: Existing Private residences
Planned

(G) Estimated annual rate of erosion n/a

Source

Dredged

AREA
Filled

Other

7.

Habitat description:

(A) Vegetated wetlands:
Typha spp.

300 sf

(B) Non-vegetated wetlands:

(c) Other:
Estuarine shoreline

1500 sf

(n) Total Area Disturbed:

1500 sf

300 sf

8. Project Summary Applicant proposes three ditches cutting across the estuarine
shoreline - one ending in the marsh, and two ending short of the estuarine
shoreline and sheet flowing across the marsh - to drain an addition of
residences to Olde Point Subdivision.

Olde Point Associates Limited Partnership
Page Two

9. Proiect Description

The property on which the project is proposed is currently undeveloped, adjacent
to the single family subdivision of Olde Point, Pender County, and is an
addition to this subdivision. The new section is approximately 52.6 acres,
with 75 homesites planned. Most of the property is highground, with an
elevation range of 2' - 35' above mean sea level. The property borders a
branch of Old Topsail Sound called Nixon's Creek. The creek is classified SA
by the Division of Environmental Management, designated Primary Nursery by the
Division of Marine Fisheries, and is open to shellfishing. The coastal marsh
adjacent to the creek is Spartina alterniflora, transitioning to Typha ~.
along the sides and farther inland.

The applicant proposes 75 homesites, to be graded, road construction into the
sites, and ditching to drain the area. The actua-:~~, tructures will be
constructed by the individual buyers. DIed restrictions 1imi ts impervious
cover to 25%, which amounts to approximat~y 26,480 square eet per acre, or a
dens ity of .7 units per acre. ',,-__

A limited amount of ground disturbance will occur under this project, with road
construction, ditching, and grading to disturb to 7 acres.

Sediment from the activity will be contained by a system of silt basins, stone
filter check dams in ditches, and silt fences where necessary. A
sedimentation/erosion control plan has been approved by the Department of
Natural Resource and Community Development.

The only portion of the planned development to actually enter a CAMA AEC is the
series of ditches. The first ditch is proposed to cut across the estuarine
shoreline and flow directly to the marsh with rip rap laid for the length of
the ditch, and 10'-15' into the Typha marsh. The second and third ditches will
end 150'+ from normal water level, and by themselves lie entirely outside of
CAMA jurisdiction. The second ditch will sheet flow over 404 wetland. The
ditches average 11'-30' wide and 4' deep.

The only material to be excavated will be from the ditches, and will be used on
other highground lots to help in grading.

The project was initially being opposed by the adjacent property owner to the
north. This property owner claims title to a portion of the land in the
project area. However, the applicant has agreed in writing to work only in the
area outside of that in controversy until the deed dispute is settled. The
neighbor has withdrawn the objection, also in writing (enclosed) based on this
guarantee. The first ditch is outside of the disputed area, while the second
and third are in the area.

'.

Olde Point Associates Limited Partnership
Page Three

10. Anticipated Impacts

Run off from the subdivision will be collected and filtered across the
estuarine shoreline, into the marsh. In the first ditch approximately 300
square feet of marsh will be filled with rip rap. This ditch leaves no buffer
for infiltration before entering the marsh.

Submitted by: Tere Barrett

Office: Wilmington

Date: December 28, 1988

a. Size of entire tract 5'2. ,(p 6-<:-
b. Size of individual lot(s) -z.~ +~ 0 ~.\=-1".
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum '2 1- ~'5'
d. Soil type(s) and texture(s) of tract Mo~ 0"'0;
~ fZ.wt IS. (oJ L"lI:. ~A~ "
e. V<;.getation In tract ~ ~p fO/Z.4&.-'77j
~ 1L,.).lC-., ~ ~~C2._ _ oc>>.o~
f. Man-made features now on tract ~~

~~~1Kf~11EI~~'}what is the CAMA Land Use Plan Classifica-
'V~~. tion of the site? (Consult the local land use
~:UV ?,' lO,8f), plan.)

Conservation Transitional
';Ofi'~&Jf\:S 1M W'f\\(\GfN:~L Developed Community
: .' '';~bf( R'G\ONfll (lq "'--'::. Rural __ Other
h. How is the tract zoned by local government?
t ~"A) ~ a.A. L A c!!1 t2.l C-U Lor U t2-A.L-
1. How' are adjacent waters classified? ~A
J. Has a professional archaeological survey been
carried out for the tract? /Je
If so, by whom?

~

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stonnwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.

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0, OI,.O~ .p.,uT A"SOC.'4t..~
a. Name l..,..'~I'MLO P...f2.i"~atL~"'I'"
Address Po c. t3o.c... oz.+'?
City >>....Pw...""o State A31c...
Zip t S ++~ I Day phone c; 1'1 2 70 '279'-
>( Landowner or Authorized agent
b. Project name (if any) 6aeJr'.-..)~) fZ(;,.VI~~QJ
o I..JpE. Po I /WJ'r
c. If the applicant is not the landowne
the owner's name and address. .

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.'i'~ .LQCAmi@N>t)Fi:;,PROFu~
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a. Street address or secondary r~d O\!2i>~ _,
Coa..:a:.~, (2", (p4'U4T'"L} ~.,:2.1 tt. I ~fD~

b. City, town, community, or landmark
tt~ 101.'''~or€.A 'P

c. County p~t?"rL
d. Is proposed work within city limits or planning

jurisdiction? JJo

e. Name of. body of water nearest project
t./I'j. 0 v ~ C r;Z..4i..<LII-J A ,-,:2., I!>c.>T~'-' ~-F
c!:>c....p ro~6,L- CiZ~.. "-
, :_ ,',-.',,'>' . :'~. '::": ~::J ;.:.t,~?'?tt.'~~..t!,;:'t'!:,t ~",,:;"~'v__~:.T~,!!.i~{}:~i~'_~(;'fb~ ":~'.)> :-r~~~'y~'; :;:'..t~~~~;', 1,,;)
;'3":.DES@RlBillI@N1~]?).~R)]~:r~n'~lER'i;
,-:' ~.~,,;, _ ':'" 'r::]..\;,{ ~~~y::.,.,,'i~'~ <,"\; ~.~.,::!I/,~ '-"f.~.~/>~...r,l"t\'~".f"~~h~kl!-l:,,-q;"!~'J-,:t-~~ ,._.....;:,..._';.~~;~:' ;,!.,,;_~
'..:~':'USE:{@FJBR0POSEfl>~PR@}Eam~~~(~;i
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a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier). 1
('~4,..t2...vor'w OF c7T12..AC..E.lr'; "l OfZ.A'~~
F'4.(", '-'"1"' ~~ I (')1Ju.r) TO '9.Q..~' (~
~ r&+ , ,,~toJr I.&.L- ~ 'f'C;o

If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance pf an ex-
isting project, new work, or both? bL~ I~OC2.4L

c. Will the project be for community, private, or
commercial use?
'~fi l'\.~

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d. Describe the planned use of the project.
f2~ I 0 te:..~11 A '-

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<'S:UPLAND ,'![)EMEL0PMENT'e", ".""" co'
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Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed iJ 0 loA () IZsL.. ~A. J
'7 '5 ~ I o~-n.I- p u..::.e:, LL. I o.!:Ir3w ~

b. Number of lots or parcels "75
c. Density (Give the number of residential units
and the units per acre.) IS ()~I ~ I 0.7
~ I
U /...) I rS 17 IE-I2- D ~t2.4.
d. Size of area to be graded or disturbed 7 6-<:. &1....'$

e. If the proposed project will disturb more than
one acre of land; the Division of Land
Resources must receive an. erosion and sedimen-
tation control plan at least 30 clays before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
cr~ , un-E.c,.... .oF- I:t,P(?(k>tJ/;L- w.~ 17?,,~9.
Give tflC percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. 0

f.

g. List the materials, such as marl, paver stone,
asphalt, or concrcte, to be used for paved
surfaces. ~~4.L.rr o\J~ N\4a..<-

h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? 'r'~
i. Describe proposed sewage disposal and/or waste
water treatment facilities. ou ? I~ '
/
IlJ t? I ~ '~6-t- cS""1"I~ TA,u~

J. Have these facilities received state or local
approval? NO
k. Describe existing treatment facilities.
~o.ue

1. Describe location and type of diftcharges to
waters of the state (for examplersurface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down"). ~ 1I~~ fG,u.u-
..QEE. O~~ 1 ~&.-:. ~/fo'\,l;.l~ <S1"T'4a-
f',-,",J 0;: ~." ~') tt>L. o.E. ~ l ~
m. Water supply source '^-'OhJ/ O"~L- L.U~
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach access ways or pro-
vide new access. ~ A

o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? tJ...

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::;:~'{Ex&~Mi!ml~:fi!;f
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,;~.\,L~."":R.;~W~ }ll",
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a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).

Length Width Depth

Access channel
(ML W) or (NWL)

Boat basin

Other (break-
water, pier,
boat ramp,
rock jetty)

NA

Fill placed in
wetland or below
MHW

Upland fill
areas

]

.'

b. Amount of material to be excavated (rom
below watcr level in cubic yards.J.tA--___
c, Type of material ~.A
d, Does the area to be excavated include marsh-
land, swamps, or other wetlandsU4~
c. High ground excavation, in cubic yards ;41 000 :J::,
f. Dimensions of spoil disposal area J.lA - C) -;. .po It:-
g. Location of spoil ( isposal area ~t:U.Il""'I~ ~
(::;1c.oP M 1> Lou.. (}~~p o...J ()i'..~e.51
h. Do you claim title to the disposal area? _ c,J~c;. I
pb~IfX.~ T-E~ptDI2..6~ ~~'~I~fUE.A

If not, attach a letter granting permission from
the owncr.
Wi~l a disposal arf~l be available for future
mamtenance? I t-}h
If so, where? tJ A
Does the disposal area include any marshland,
swamp\land,'or water areas? ~
k. Will the fill material be placed below mean
high water? NA
Amount of fill in cubic yards 0
m, Type offill material ~,..,
n. Source of fill material ~____________
o. Will fill material be placed on marsh or other
wetlands? N 0
p. Dimensions of the wetland to be filled ~___
q. J:-Iow will excavated or fill material be kept on
site and erosion controlled! l!';>~ I t-€. $roc.,,"-Pll.ll!
A e-Pc..P ~

1.

j.

I.

r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? ~C6.0 ~u";fT" ~0/P~~r
c;&'-i I Ii;:, Oe>~'l /Z>4D ~~-.,.p~
~e. ~#-do,""Q.. I &t:..JC;"t>~, ~ I
I r
s. Will wetlands be crossed in transporting equip-
mcnt to the project site? NO If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.

a. Length of bulkhead or riprap Ai A_____
b, Average distance waterward of mean high water
or normal water level J/.I.. .
c. Shoreline erosion during preceding 12 months,
in feet ~A
d. Typc of bulkhead material flA ______
e. Amount of fill, in cubic yards, to be placed
below mean high water ~________________
f. Type of fill material ~ ____

.,

(

In addition to the completed application form, thc
following items must be submitted:

A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
Ee&l~,o'" U~... R-AN APll"/24)"AL. 10_ 1':l-~8

A copy of the de cd (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.

A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.

A signed AEC hazard notice for projects in ocean-
front and inlet areas.

An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 1jz x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J .0203 for a detailcd
description.)

A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documcnting compliance with the
North Carolina Environmental Policy Act
(N.c.G.S. I13A-l to 10).

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-linc
prints or othcr larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.

Any pcrmit issued in rcsponse to this application
will allow only thc development described in the
application. The project will be subject to concli-
tions and restrictions contained in the permit.

A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.

I certify that to the best of my knowledge, the pro-
posed 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 further 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 pem1it ap-
plication and follow-up monitoring of project.
',.,,,
This is the 2 () day of O( ,~-<?, S'L.
199(\

Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the" inside front cover for the appropriate
~?~1~1r.-V:p#;, "~~$.!~~"" ", C~M. office and addresses and phone number.
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''''~''''''''" i.V
NOV 2n 1988 <.

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NOTICE OF FIT..ING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION

The Department of Natural Resources and Community Development hereby gives
public notice as required uy NCGS 113A-119(b) and 143-215 3(a)(1)(c) that
Olde Point Association of Cordgrass Road. Pender County
filed an application on December 12, 1988 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 the applicant, located near SR 1565, adj acent to
Nixon's Creek, proposes three ditches cutting across the estuarine shoreline -
one endlngln the marsh, and two ending short of the estuarine shoreline and

sheet flowing across the marsh - to drain an addition of residences to aide
Point Subdivision.

A copy of the entire application and additional information may be examined (or
COpk3 fu:;,';.ishec.. _lpon request and pay;r'ent of reproduction. co:. ts) ,.l~lring '~orma]
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 February 19, 1989
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 February 14, 1989 for
consideration in the CAMA permit decision, and to Mr. B ill Mills , Division of
Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to
February 14, 1989 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

January 25, 1989

,

I.,

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State ot North Carolina
Department of Natural Resources and Community Development
\Vilmil1fCtoll Regiol1<1l OHicl'

/<Imes C. M<Irtin, Cowrnor
\XIilliam \XI, Cobey, /r., Secretary

Hoh /<Il1lieson
Regiol1<1l 1\1<I11<li--'t.T

DIVISION OF ENVIRONMENTAL MANAGEMENT

February 14, 1989

Mr. Jerome Doherty
Olde Point Associates
Limited Partnership
P.O. Box 249
Hampstead, NC 28443

Subject: Proposed Wetland Fill
Project No. 8901-D
Olde Point Subdivision
Pender County

Dear Mr. Doherty:

The Wilmington Regional Office received your CAMA application
on January 4, 1989. A preliminary review indicates that a 401
Water Quality Certification will be required from our division due
to the proposed wetland fill. A 401 certification is required
prior to issuance of a CAMA or 404 permit.

Because of the many essential functions wetlands provide, including
purification of surface and groundwater, any loss of wetlands as
the result of filling activities is viewed by this Office as
degradation of water quality, and potentially, a loss of these
essential functions wetlands provide.

Your proj ect, as, proposed, will result in the loss of wetland
areas. As a result, this office is requesting the following
additional information be submitted within 30 days upon receipt of
this letter: an alternate proposal that will eliminate or reduce
the proposed fill in wetland areas; or submit an explanation of why
such reductions are not possible and what mitigating factors we
should consider to insure no net loss of wetlands within the
project area.

RECEIVED

FFR ( ? 'i9R9

" -, WATEf~ CiUA! ITv ~~E('TIO'!
722' \\lrigln,villl' AWl1l1c, \\lilm!!l>:I"", N.c , 2H,lm,('<Ir, · Ideph,,"c 'JI') 2'(14Itll _ " -,.. '.I I\:
UPER!~Y'(),\'S L:',-' ~.,', I

All 1.'1 lIol I (lppmtllilllV Allil11'dl1\'l' I\Cl;OI1 Employer

. iI:

~

Mr. Jerome Doherty
Page 2

Until this office receives your response, your proposal for a 401
Certification will be considered incomplete.

Should you have any questions concerning this matter, please
contact Jim Gregson, Donald Safrit or me at [phone].

Sincerely,

Original Signed By
1\. PRE~TON HOWARD, JR

A. Preston Howard, Jr., P.E.
Regional Supervisor

APH:JG:cwc

cc: Bill Mills
Chuck Wakild
Jim Herstine
Charles Hollis
John Parker
WiRO, CF