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HomeMy WebLinkAbout20030766 Ver 1_COMPLETE FILE_20030623?0? W A TF9Q ?O G r D 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 12, 2005 Mr. David S. Rudolf Rudolf Widenhouse and Fialko 312 West Franklin Street Chapel Hill, NC 27516 Dear Mr. Rudolf; RE: Request for information - Town of Wrightsville Beach project DWQ # 03-0766 New Hanover County In response to the subpoena in the case of State of North Carolina versus Trey Rowan Jordan, I understand from discussions that Mr. Don Laton of the NC Attorney General's staff have had with you that you need a copy of the Division's file for this project. I have copied the entire file and included it attached to this letter. I hope this addresses your request. If you need additional information, please contact me at 733-9646. Sincerely yours,' J Dorney Cc: File copy Don Laton, NC Attorney General, Environmental Section NOne Caropina 401 Oversight/Express Review Permits Unit aA a ly 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet: htty://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper \NATE9 QG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: Fax #: To: Compan : RC-F Y From: Number of pa&sAcluding cover sheet: Notes or special instructions: 919-733-1786 919-733-6893 Fax #: -- ?? Date: 7 16- N Division of Water Quality, Wetlands and Stormwater Branch 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hn://h2o.enr.state.nc.us/ncwetlands One Caroliura!!yna t An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper v -5--U ebb STATE OF NORTH CAROLINA File No., 05-CRS-5746 NEW HANOVER County In The General Court Of Justice ? District 0 Superior Court Division STATE OF NORTH CAROLINA Additional File Numbers VERSUS TREY ROWAN JORDAN SUBPOENA Duces Tecum G.S. 1A-1, Rule 45 Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas maybe produced at your request State/Plaintiff Q Defendant but must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge. Name Of Person Subpoenaed Alternate Address TO John Dorney c/o N.C. Division of Water Quality DWQ Project 03-0866 1650 Mail Service Center Raleigh NC 27699-1650 Telephone No. Telephone No. 919-733-7015 YOU ARE COMMANDED TO: (check all that apply) ? appear and testify, in the above entitled action, before the court at the place, date and time indicated below. appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. produce and permit inspection and copying of the following items, at the place, date and time specified below. [:] See attached list. (List here if space sufficient.) All notes, memos, correspondence, email, or other documents, whether in electronic or printed form, that relate to Rhett Taber's concerns or complaints about erosion on the beach property at Northrop Street, Wilmington, North Carolina. In lieu of appearing in court, please provide all material to David S. Rudolf, Rudolf Widenhouse & Fialko, 312 West Franklin Street, Chapel Hill, North Carolina, 27516 on or before September 12, 2005. If you need additional time in which to gather the requested Information, please contact our office. Name And Location Of Court/Place of Deposition/Place to Produce Date To Appear/Produce New Hanover County Courthouse September 12, 2005 316 Princess Street Court Room #403 Wilmington NC 28401 Time ToAppear/Produce 10:00 MAM [3 PM Name And Address Of Applicant or Applicant's Attorney Date David S. Rudolf September 2, 2005 Rudolf Widenhouse & Fialko 312 West Franklin Street Signature ? Chapel Hill NC 27516 11- I L? Telephone Number ? Deputy CSC [3 Assistant CSC Clerk of Superior Court [3 Superior Court Judge 919-967-4900 E] Magistrate S Attorney/DA 0 District Court Judge RETURN OF SERVICE I certify this subpoena was received and served on the person subpoenaed as follows: By [3 personal delivery. registered or certified mail, receipt requested and attached. telephone communication (For use only by the sheriff's office for witness subpoenaed to appear and testify.) I was unable to serve this subpoena. Service Fee [:1 Paid Date Served Signature of Authorized Server Title $ [J Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases. AOC-G-100, Rev. 10/03 Copyright 2003 Administrative Office of the Courts (Please See Reverse Side) NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d). (c) Protection of Persons Subject to Subpoena (1) Avoid undue burden or expense. - A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena. The court shall enforce this subdivision and impose upon the party or attorney in violation of this requirement an appropriate sanction that may include compensating the person unduly burdened for lost earnings and for reasonable attorney's fees. (2) For production of public records or hospital medical records. - Where the subpoena commands any custodian of public records or any custodian of hospital medical records as defined in G.S. 844.1, to appear for the sole purpose of producing certain records in the custodian's custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian's custody, an affidavit to that effect. When the copies of records are personally delivered under this subdivision, a receipt shall be obtained from the person receiving the records. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication. Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial. Nothing contained herein shall be construed to waive the physician-patient privilege or to require any privileged communication under law to be disclosed. (3) Written objection to subpoena. - Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena: an objection has been made except pursuant to an order of the court. If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated in the subpoena. The motion shall be filed in the court in the county in which the deposition or production of materials is to occur. (5) Motion to quash or modify subpoena. - A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, or other tangible things, within 10 days after service of the subpoena or before the time specked for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena. The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. (6) Order to compel; expenses to comply with subpoena. - When a court enters an order compelling a deposition or the production of records, books, papers, documents, or other tangible things, the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, or tangible things specified in the subpoena. (7) Trade secrets, confidential information. - When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated in the order. (8) Order to quash; expenses. - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all or part of the subpoenaed person's reasonable expenses including attorney's fees. (d) Duties in Responding To Subpoena a. The subpoena fails to allow reasonable time for compliance. b. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. c. The subpoena subjects a person to an undue burden. d. The subpoena is otherwise unreasonable or oppressive. e. The subpoena is procedurally defective. (4) Order of court required to override objection. - If objection is made under subdivision (3) of this subsection, the parry serving the subpoena shall not be entitled to compel the subpoenaed person's appearance at a deposition or to inspect and copy materials to which (1) Form of response. - A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize. and label the documents to correspond with the categories in the request. (2) Specificity of objection. - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that it is otherwise privileged, the objection shall be made with specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, or other tangible things not produced, sufficient for the requesting party to contest the objection. INFORMATION FOR WITNESS F NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in the box labeled "Name and Address Of Applicant or Applicant's Attorney". DUTIES OF A WITNESS 41 Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving testimony. 0 In answering questions, speak clearly and loudly enough to be heard. 0 Your answers to questions must be truthful. 40 If you are commanded to produce any items, you must bring them with you to court or to the deposition. 0 You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed. BRIBING OR THREATENING A WITNESS It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge. WITNESS FEE A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, if it is necessary to travel outside the county in order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk's office and certify to your attendance as a witness so that you will be paid any amount due to you. AOC-G-100, Side Two, Rev. 10/03 Copyright 2003 Administrative Office of the Courts RUDOLF • • 312 West Franklin Street e Chapel Hill, NC 27516 Reuse Rauh 15 Deliverv PaIM 16x0 Water Qualit 09/06/05 PO# Y 09:42:53 sar 70 03 03 9 0 60 02 -12ja 5-4 j=7m ill 1 [1111 illi illi I III IIIII IIIII IIIIIII IIIII I 7005 0390 ooo= 1=e8 =457 John Dorney c/o North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Certified Mail - Return Receipt 2 L-7I1-1 1-9 1 -- a1 r$ f„t,(I,,,t,?t„0,!„I,r„}„t1,Ct,,,t,t,it,,,t,t„I,f„t,,,1f Town of Wrightsville Beac???????1R DEPARTMENT OF PUBLIC WORKS AUG 2 2 7003 200 Wrightsville Beach, N.C. #ATERQUALITYSECVON (910) 256-7935 • FAX 256-7939 Mr. John Dorney N.C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 August 20, 2003 Town of Wrightsville Beach, N.C. - Northrop Street Stormdrain - DWQ Project No. 03-0766 Over the course of several years, 3 projects have been requested for this area. Of the requests, only one has been permitted and completed. The one completed was for the extension of the existing stormdrain pipe to the existing concrete splash pad. The other projects were related to resident requests that were either not allowed by the State of North Carolina, or were impractical/infeasible. 1. Bury the stormdrain pipe - Impractical due to the dynamic nature of the sand in this area. This project would have a high likelihood of pipe blockage by the shifting sands; this blockage would, in turn, lead to upstream flooding and traffic hazards that do not now exist. Any potential liability would be upon the Town as the responsible party for the change, thus the Town Board of Alderman (BOA) is not in favor of this idea. 2. Extend the stormdrain pipe - Applied for permit. Permit denied by CAMA and USACOE for issues relating to navigation. 3. Install mat to reduce erosion - Applied for permit. A letter received from N.C. Division of Water Quality cites concerns with the project and lack of evidence of specific need. The scope of the proposed project is not consistent with the area's use. The NCDWQ requests specific - not anecdotal - evidence of erosion rates and an erosion map. To date, the Town had made a large investment in time, money and resources at this specific stormdrain to solve a problem that occurs at all stormdrains on the beach. When we have a heavy rainfall and the tides are low, there is minimal erosion that occurs at the stormdrain outfall pipes. This is a natural occurrence. After the storm event, the natural action of the tides and the dynamic nature of the wet sand beach tend to fill in the areas that have been washed out. Ms Lutheran (DWQ) also noted in her site visit that there was minimal erosion around the outlet of the pipe. The Town of Wrightsville Beach does not have any concrete, non-anecdotal, information on the erosion rates in this, or any other, areas. To develop such erosion rate data and erosion maps would represent a major commitment of time and resources over several years in order to gain the data necessary to predict future erosion patterns. Therefore no funding has been allocated in the FY03/04 budget and the BOA no longer supports expending further funds for permits or modifications to the proposed project area. Sincerely yours, Michael F. Vukelich, Director 1! 1 L?F s ? DEPT. OF PUBLIC WORKS n Z N. C. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 30, 2003 New Hanover County DWQ Project No. 03-0766 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Town of Wrightsville Beach C/o Mr. Thomas Ames 321 Causeway Drive Wrightsville Beach, NC, 28480 Dear Mr. Ames: On June 23, 2003, the NC Division of Water Quality received your application for a 401 Water Quality Certification to install a synthetic mat in 0.01 acre of intertidal shallow bottom to create a drainage swale from an existing stormwater pipe outfall and concrete splash pad to the normal low water line at the west end of Northrop Street in Wrightsville Beach, New Hanover County. In accordance with 15A NCAC 2H .0506, a site evaluation has been conducted by Ms. Noelle Lutheran of the DWQ Wilmington Regional Office. Based on this review, we have determined that significant uses could be removed or degraded by this project. Insufficient evidence is provided in your application to conclude that your project must be built as planned in these non-vegetated wetlands. Therefore, unless modifications of the proposal are made, we will move toward denial of the 401 Certification as required in 15A NCAC 2H .0507(e). Specifically, please investigate the following so that we may further review your application for avoidance and minimization of impacts as required in 15A NCAC 2H .0506(b): 1 Based upon the site visit, Ms. Lutheran concluded that there is minimal erosion around the outlet end of the stormwater pipe. Please provide information demonstrating the purpose and need for the proposed work, including data used to predict erosion rates at this location. We are concerned that the potential impacts associated with the synthetic mat material, as outlined in the Division of Coastal Management's field investigation report, especially including a concern regarding long-term maintenance for this material, will outweigh the benefits of this constructed material in the intertidal area. You have not sufficiently demonstrated that you have no practical alternative to the proposed action. Any documentation, including maps of projected erosion areas and narrative that will help to describe design alternatives would be helpful in the review of your application. Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H .0507(h)). Thank you for your attention. If you have any questions, please contact Noelle Lutheran in our Wilmington Regional Office at (910) 395-3900 or Cyndi Karoly in Raleigh at (919) 733-9721. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (hlp://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 w JRDlcbk cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWQ Regional Office File Copy Central Files Thomas Ames, 200 Parmele Blvd., Wrightsville Beach, NC, 28480 030766 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Town of Wrightsville Beach County New Hanover Project Number 03 0766 County2 Recvd From DCM Region Wilmington Received Date 6/23/03 Recvd By Region Project Type create drainage swell Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet NOT "MIN Type Type Impact Score Index Prim. Supp. Basin Req. Req. LAMA (NTH O Y Q N F- l R-?7-?4-3 S 1 HQ??' 3?_f?4. 0.01 F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Although General Water Quality Certification covers this activity this office objects to this project as proposed. cc: Regional Office Central Office Page Number 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 18, 2003 MEMORANDUM TO: Mr. John R. Dorn Division of Water ualit 4 -9 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Wrightsville Beach Project Location: Stormwater outlet pipe at the west end of Northrop Street, Wrightsville Beach Proposed Project: To install a synthetic mat on the intertidal shallow bottom to create a drainage swell from the existing stormwater pipe outfall and concrete splash pad to the normal low water line. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2003. If you have any questions regarding the proposed project, please contact E. F. Brooks at 910-395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper < <r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Wrightsville Beach 2. LOCATION OF PROJECT SITE: Stormwater outlet pipe at the west end of Northrop Street, adjacent to Banks Channel, on Wrightsville Beach. Photo Index -2000: 24-306: M,N-17 1995:24-286: R,S-5 1989:5-176-28: 11,141 State Plane Coordinates - X: 2359409 3 4. INVESTIGATION TYPE: CAMA/D&F Y: 162152 Rover file: 0081319B INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/13/02 6/17/03 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 6/16/03 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wrightsville Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: No (D) Intended Use: Local Government (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Bulkhead, access steps, stormwater outlet Planned - Synthetic mat to reduce erosion related to the discharge from the existing stormwater pipe. (G) Estimated Annual Rate of Erosion: N/A Source: N/A 7. HABITAT DESCRIPTION: [AREA] TlT)L`T1!'?L`Tl L`TT T L?TI /ITTTTT (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Shallow bottom 448 sgft. (C) Other - (D) Total Area Disturbed: 448 sgft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The Town is requesting to install a synthetic mat on the intertidal shallow bottom to create a drainage swell from the existing stormwater pipe outfall and concrete splash pad to the normal low water line (NLW). CI Town of Wrightsville Beach Page 2 9. PROJECT DESCRIPTION The project is located at the southern end of the Town of Wrightsville Beach, at the end of Northrop Street. The unimproved street right-of-way (25 ft. wide) ends at the estuarine shoreline, adjacent to Banks Channel. The shoreline is stabilized by an existing wooden bulkhead and there is an existing set of steps to provide public access to the estuarine shoreline. There is an existing stormwater pipe (18" dia.) outfall extending through the bulkhead, approximately 15 feet to a concrete slash pad. The Wrightsville Beach Land Use Plan classifies Banks Channel as Conservation, and the adjacent highground in the project area as Developed. This part of Banks Channel is classified as SA, by the N.C. Division of Water Quality. These waters are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. In 2002, the Town of Wrightsville Beach was unable to obtain a permit to extend the existing stormwater pipe an additional 73 feet into Banks Channel. The Town has submitted this proposal as an alternative design to address the erosion concerns of nearby property owners. The proposed project would consist of the installation of a synthetic mat to create a drainage swell from the existing concrete splash pad to the normal low water line (NLW). The product "Pyramat" is promoted as a high performance turf reinforcement mat (manufacture information and sample enclosed). The matted swell would be approximately 56 feet long and 8 feet wide. The material would be attached to the existing concrete splash pad by treated boards, affixed to the vertical edge of the concrete slab. The material would be secured to the sand surface on the intertidal estuarine beach with aluminum sheath anchors (specification sheet enclosed). The anchors are driven into the sand, expanded by back-pressure and then attached to secure the mat with stainless steel wire and plastic load plates. 10. ANTICIPATED Il"ACTS The installation of the proposed "Pyramat" synthetic mat would incorporate approximately 448 square feet of intertidal shallow bottom. The material poses a potential hazard to wildlife, by both entrapment and ingestion. The proposed synthetic mat may also create a safety hazard for users of the Town's estuarine access facilities. Submitted by: E.F. Brooks Date: 6/17/03 Office: Wilmington Town of Wrightsville Beach DEPARTMENT OF PUBLIC WORKS 200 Parmele Boulevard Wrightsville Beach, N.C. 28480 (910) 256-7935 • FAX 256-7939 Project Narrative The Town of Wrightsville Beach originally submitted an application to extend the existing storm drainage pipe to the mean low water mark. The purpose of the original application was to reduce the amount of scour in the area of the pipe. This application was denied. After the denial, the Town met with residents and concerned citizens in the area to explore options. Based upon the previous permit denial, it was felt that another application to extend the pipe would also be denied. There were 3 remaining options, the use of Pyramat (the core of this application), construction of a vertical (3') energy dissipater, or do nothing. The consensus of the meeting was the installation of the Pyramat. The Town met with the materials distributor and its engineer for the project to determine the most effective installation method; that method is detailed in this application. El Form DCM-MP-1 APR 0 7 2003 APPLICATION (To be completed by all applicants) b, ni or landmark fW d htsville Beach 1. APPLICANT a. Landowner: ' Street C. address or secondary road number 0 NorthroSf Name Town of Wri htsville Beach Address 329 Causeway Dr City Wri htsville Beach State Nc', Zip 28480 Day Phone 910-256-7935 Fax 910-256-7939 b. Authorized Agent: Name Tfhomas Ames Address 200 Parrnele.Blvd City Wrightsville Beach state NC zip 28480 Day Phone 910-256-7935 Fax 910-256-7939 c. Project name (if any) Northrop Street stormdrain extension NOTE: Permit will be issued in now of imidowmer(s), mWor project rnma. 2. LOCATION OF PROPOSED PROJECT a. County `New Hanover ReAmd 0319 d. Is proposed work within qjtv is or planning jurisdiction? X> Yes No e. Name of body of water nearest project (e. g. river creek, sound, bay) n/a 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, tsarina, bulkhead, pier, and mcavation and/or Min activities. Installation of synthetic mat to reduce the effects of erosion related to stormwater discharge b. Is the proposed activity mainterian P- of an existiln project, new work, or both? Both c. Will the r ie a 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 The mat would be attached to the existing splash pad and anchored in place with suitable ground anchors. The mat would be 8.5' wide and would extend to mean low water. The sandy area would be contoured as needed to direct the flows within the area of the mat APR p 7 203 D? ?1 MANAGEMENT CpAgTA O Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract n/a b. Size of individual lot(s) Street end 25' wide c. Approximate elevation of tract above NUIW or NWI- 6.71'msl d. Soil type(s) and texture(s) of tract sand e. Vegetation on tract rass f. Man-made features now on tract Bamcade deck and access ste s 777 g. What is the CAMA Land Use Plan land classification of the site? (Consrdt the local land use plan.) Conservatio water Transitional Developed Community Rural Other h. How il.; the tract zoned v locM vernment? i. Is the pro sed roject t with the applicable zoning? Yes "No (Attach toning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom?. !!f logical ent been Yes No k. Is the project located in a National Registered Historic District or does it involve a National Reffis?r list ible property? Yes Xx No 1. Are there well e site? Yes 0 No Coastal (marsh Other If yes, has a delineation been conducted? Na (Anach doaanentaion, if available) Revised 03/95 M. treatment facilities. a n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash Sturniwatei i un-off from existing_NCDOT storm drainage system; o. n/a S. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: 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 1/2" 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 detail to guide agency pe fl u APR 0 7 2003 ;I ? Lhv DIVISION OF COASTAL MANAGEMENT Form 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 Jimmy Dew Address 407 Riverbend Dr, Advance, NC 27006 Phone 910-256-4104 Name Thomas L Read Address PO Box 1089, Charleston, SC 29402 Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • 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 Ad (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. Re-Awd 03/46 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 th4th ay o April , 2003 Print Name Signature Landowner or Antlwrszed Agent Please indicate attachments pertaining to your proposed project. DCM MP -2 DCM MP-3 Q DCM MP-4 _ DCM MP-5 _ DCM MP-6 Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. ECEITE D APR 0 7 2003 DIVISION OF COASTAL MANAGEMENT Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) n/a (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) Breakwater (e.g. wood, sheetpile, etc.) n/a (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond wetlands Revised 03/95 MHW, NWL or e. Mooring buoys n1a --? (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) Fn-/a (1) - Commercial ^Community _ Private (2) Number (3) Length (4) Width vulci 'Install flexible synthetic soil stabilization mat to be anchored at the discharge end of the Northrop Street stormdrain. Applicant or Pro Name i signal e Date D APR 0 7 2003 DIVISION OF COASTAL MANAGEMENT 1 'i 76 I Northrop St, Wrightsville Beach, NC, 28480 A r! a r? r r c c e a n OEV's APR 0 7 2003 DIVISION OF COASTAL MANAGEMENT KY Bluefield ' .Oa?tok 80 a 'e -oh Virginia rset q _ Beach -t7 w STATES' ,. r TENNESSEE J :- ............ ....Chesapeake jKKnpmnlle,1^Nnston-Salem Greensboro " t ocky mount Athens Ash s (Ti2T L1 A Greenville H CAR Charlo e r ?. Kinston 13, U12envple_ ? ( Spartan k rg. FaY. evil) Northrop St ? 'i 1?d Beach, NC, 28480 19th hs o reewov?"_f? kirence Colu is y s Myrtle Beach It t J a n t r C Macon CARDE44A Georgetown O C e a n abins ',. Charleston GEORGIA Hinesvilie Albny o f Savannah D.. r qW1 ultrie ?? Valdosta txHrunsmcd, D 3 APR 0 ? 200 p1V 1 MONK GEMENj CO p,STA` ?? PYRAMAT contour detail NTS Existing public access Existing pipe supports Existing 18" CMP /approximate length of P1'RAMAT Approximate distance to mean low water Town of Wrightsville Beach; Northrop St storm"n project 04/04/2003; drawn by tames; scale 1'=10' 0 O eff. a -`'i Z0 o O m ?? Thomas L Read Property Owner 900 Schloss St Prop 2x6 Batten board Top is 1" below existing concrete pad Pyramat - Existing splash pad Attachment detail NTS Existing stairs Existing Public Access Existing 18" CMP New high performance TRM Pyromat material (sand color) installed 1" to 2" below sand level to mean low water level . mat to be anchored with stainless stell anchors per manufacturer's specifications Existing 5' 6" x 5' 6" Concrete splash pad 6" thick High Water level on Bulkhead Prop Jimmy A Dew Property Owner 320 Water St Existing Pipe Supports Edge of Riparian Corridor Town of Wrightsville Beach; Northrop St stormdrain project 06/16/2003; drawn by tames; scale 1"=10' ate distance to mean low water To Wrightsville Pier Headline To Wrightsville Pier Headline N ??.11• ????; i r `3 I1? ?Cd ,00L=" L moos °sawo} !q unnoJp 1200z/t0/VO piv?z>p,?I. -- COASTAL MANAGEMEN ?J }oafo.id uio.ipw-jo}s }aaj}S do.iy}.JoN `.y06a8 allins1146i.JM 10 unnol Hi h- P f er g ormance Turn Reinforcement Mo;i, ® Tiro top performing turf reittfarcomcnt mat in the industry, ten times stronger than tradttienat TRMs l? Three-dimensional woven geoteacti :.`;•'•?.;, ?: •:: }. dosigned to withttttnd prolonged expowre to inhospitable ctimotes Heavyweight ultraviolet monofilarnent yarns assure lang.l;fe s a? mom ¦ Available in colors Designed for the rrrost demanding slope and stonr, water cnanrtal applications, Pyrarnof HI'IRM has a pat$rjfed thtag- dirW'iarral Woven 0-Nextile construction fhol provides slopes and charnels wits long-term strength, dimansionof stabiiiiy, durablity, and func"nonol longavily not ovcsilobla in oher pwmanent or daprbrlable erosion cant-al soiutirns. ECEHVE aPl1 u I zoos In this IFA! Wematia;ral A_^hi?verreZ± Award--winning highway prole d, cast cflacFivaaitemctnro to hcrPd vramut p DIVISION OF a armoradASTAL MANAGEMENT APR-04-2003 03:29PM TEL.}910397e210 I©3PUB..IC woRKS PAGE,.002 R=99% ;; l t rn'Tl 71?' soil slope Prosetion t ?' r Vox I- cwr r (ti v Performance Tur= ,., z:t , { ine pee&n:ortea of Pyrumai i has bean G)(tenSjvgfy eyaiuatad of several indapendeat;?;rJrctufic testing laboratories and field, 4nstallations. ay", ' "nng vegataterd and non-vegetated Pvrarnotto non-reinforced vegetation and bore soil, tfress studies 3dantify performance guidelines irom instoflation to a moture vegatated conditjon. When vegstaw, ? "Ornat will resist flow veicc16- of t ;p to 7.6 m/sec (25 ft/sec) and shear strW.ses up to 528 N/m2 ? l /#}=';. ?+r?+`i?g 5peciE'ications SEClSi38 rk ! ? d54i 3,2JLW,3G 161 A 7. j LSD-Yt3 3,1€70?2,3)GCDIbfTf d5,23e? 7 Ts se'? t?np:ti ASM rA*s i? STA 3301sa mm E ASM ts.SY3d 1MOX) 234 mx r"7 t m ?7t m£ flSi:x 9tS#=7b5 5? 85 ' ? ? ASTrA t)•.d3ai 83'b 8(3Si r15Hvtt? 377: D?airt i2.7. -My 1STM D-11 77 Rox $ Mms Per Lk-A firm AW D5621 3d "44 475 sine Ground W6 t'rnjecfl? CMt Fm x tv'*4 7 7S y ' S3aahkrm31r1F*7 t»?,T a,n fist 3 25 k/- 7,6 m/ue lA 1Vsm 43 n/sec UWNekw 20 t;•xc &I0m s 3Gftje 3:9m/za SsesrShpsc j vep-ad ' i L/FP 52d ttime d Wf 267 N/mt a rev 33im= ? 1.3d NIt7,t www,{ixsoil.com SS t ECEHVE D APR 0 7 2003 i DIVISION OF COASTAL MANAGEMEI APR-04-2003 03:29PM FE09203970210 IMPUBLIC WORKS r E'?GpLAT%P?l? SURFACE EROSION GEOTEXTILE ANCHORING PROJECT SPECIFicATIoNr Provide surface erosion prcter-iorto a steep slope tend ^revers= localized bulging. A ncmincl load of ?5KN for each anchor point WANJ was required to Loin -he high performance turf ter. reinforcement matting (NI'-TRM) PROIDUCTS: Aluminium allay Stealth anchors with stainless steel / plastic accessories were installed Icy hanc and used to secure the HP TRNj. SlainlKs steal *Ire tafr?an Reunri pigstic Gonna( ?"°°" !rand pinta +rudpsgrgp Aluatinium af2oy sreatxta on,iter LAI? cn W F SECURE PLATE AGAINST THE HIGH ` l;0L0CIIING PERFORMANCE MATTING 40 INSTAILED PLATIPUS ANCHORSYMA', 0"TAPUS AA1tCA10-V5 ,E#MVFA2,*, 17034 E- w Cwr A,,a , fwkmr, ;nfraado fi0?34, vsk Pb0rQ#0x hU frea: 656 PLATYPUS (732 8478) W'eb; WwWP!C#0Vs-vnchors.rom l: Mpj infe??p7clFPvs an:hors.ram f'peHam N...}rags ra„aed h a to xtgsd?aa f pmry iqPR-I4-2003 0x:30?M TE09103570210, ID)M-B-IC t aWs Aft I?rlrt? Mfilll j .. ? ?vE I Al 0 7 2003 l URISION OF COASTAL MANAGEMEI LF INSTALLATION ?.? ROD REMOVAL Xt?a at f= rernovQs Is DP%cnc:) ?"PLdT/PUS - --- ENGINIEERINGSYSTEM =EYEYEttSIQN typical on, 20n90 Producttuda Blaterials Aluminum is on ideal rptateric! combining corrosion resista d _ 0 - 550 lbs 5021 A= Aluminum Allots nce an considerable strength for use in most soil conditions. N= Nord Anodized _ 320 - 2200 Ihs $04E A= Aluminum Allan + , t H=Hard Ano,ized Hord. anodizin is " t g or ex ension of normal ---} I I00 - 5500 lbs 506E A= Aluminum Alloy anodizing using special techniques to provide on H= Hard Anodised even thicker anodic coating with on even greater A- Aluminum Of me abrasion and corrosio i n res stance. C ; 2200 - 8800 165 I A= Aluminum Allots H= Nerd Anod'rsed C= Casa SG Iron Spheroidal gmphite iron is a highly ductile farm 11= Aluminum Bronze of cost iron suitable for hat di alvanizi 1 h T=i:-LOC VERSION 'typical Load Runge Produti Cods Alaterials p g ng. e cost iron and zinc ;ocrt;ng odes o very durable solution for medium t l o ong term corrosion 440D -12000 lbs 5101 C= Casa So Iron resistanm B= Aluminum Bronze r Aluminum bronze is used where there is a I=740f 1 RSlON Typical load Range Product Code matert h requirement for long term applications and/or highly corrosive environments In sorne 4400 -13200 lbs 004T Iran C= Cast S Ir . cases aluminum bronze is used in short terra = D Aluminum Bronze applications where the ground is extremely hard and high porter installation equipment is 6600.22000 Is BQbT C= Cost SG iron required. s t VE 03 OF DEMENT APR-04-2003 03: 29Ptl , r 391[43970210 IMPUBLIC WORKS PAGE: 004 R=96% P&ATi,PUS AMCHDRS MMITED, I?M Bust CarrAvanue, Pod w, Cc iarod- 60734, USA. Web; ww»:ploPfp{sSKSrtc€rcts.corn E4tiaii7: lrrfo(4piOtiptl.NDndnD+s.com F3 *r AfWh=Lkabedba 141 rbC ttevd rompony • Complete. items 1, 2, and 3. Also complete A. Signs re item 4 if Restricted Delivery is desired.'. X ? Agent ¦ Print your name and address on the rem Addresse so that we can return the card'to you. B. Received by (Printed Name) C? iver ¦ Attach this card to the back of the mailpiece, , e 00 L& or on the front if space permits. V D. Is delivery address d it ? Yes C7 1. Article Addressed to: If YES, enter delivery add below: ' CPO No Town of Wrightsville Beach sAS 0$??'t? 321 Causeway Drive Wrightsville Beach NC 28480 3. Type , 03-0766 -New Hanover certified Mali ?_?press Mail r ? Registered Return Receipt for Merchandis --- -- -- - ? Insured Mail - ? C.O:D. 4. Restricted Delivery? (Extra Fee) ? Yes t. Article Number (lrans/er fiomssens 7 0 01 114 0 0002 3 715 016 7 -?-?-? 'S? rtn....5 j ;August 2U g1 1 4; i 4 i € Domestic Return Receipt 102595 UNITED STATES POSTAL,SER loom, ?jlL(F iFSt• lY"^^? aPpstage?& Fees-Raid p M. - „ a PCB ILNO G?1.o? • S nder: Please pr161, `?h e, addresCarid.k mN=Ny ?.O 4- ' ,L I . I }1ifit;i,i„111411if fill 111111H111„i1,1