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HomeMy WebLinkAbout20041040 Ver 1_COMPLETE FILE_20040623 __ (bN-X01-(c0 /?Sv Pt?ENT Oe ryF United States Department of the Interior ?P 'ya 0 FISH AND WILDLIFE SERVICE Raleigh Field Office a Post Office Box 33726 ?4ACH 33 Raleigh, North Carolina 27636.3726 August 6, 2004 Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 WETLANDS/ 401 GROUP AUG 1 6 2004 y"rh _ '?'UALI f Y SECTION Subject: Action ID # 200400929; North Carolina Baptist Assembly, Maintenance dredging of Boat Basin and Access Channel, Brunswick County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated July 6, 2004. The applicant, the North Carolina Baptist Assembly, has applied for a Department of the Army (DA) permit to conduct periodic maintenance dredging of an existing boat basin and access channel. The proposed work is being considered under Regional General Permit #198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act (CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Proposed Activities and Environmental Impacts The proposed work and the anticipated impacts are described in the Field Investigation Report (FIR), dated June 21, 2004, of the North Carolina Division of Coastal Management (NCDCM). The project site is on the eastern end of Oak Island adjacent to the Cape Fear River. Within the applicant's property there is an existing boat basin (220 feet by 400 feet) with an access channel (60 feet wide by 70 feet long) leading to the Cape Fear River. Current water depths in the basin and channel are approximately three and four feet below mean low water (MLW), respectively. Depths would be greater at high tide. The applicant proposes to dredge the basin and channel to previously permitted depths of 5-6 feet and 6-8 feet, respectively. A hydraulic pipeline dredge would be used to move an estimated 12,000 cubic yards of material. The area to be dredged is 130,000 square feet (ft), or 2.98 acres. The material to be dredged is described as 90 percent mud and ten percent sand. The material would be pumped to an on-site, established disposal area. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Brunswick County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific information on species which should be considered in permitting this project. The project area is located in the Southport quad. The occurrence data of special status species within this quad can be obtained on the internet at < http://www.ncsparks.net/nhp/quad.html >. Our review indicates that the only federally listed species likely to occur near the project area is the West Indian manatee (Trichechus manatus), a federally-endangered mammal. The species is known to occur in Brunswick County and the NCNHP database contains a historic records for the species in the Southport quad and the Kure Beach quad to the east. The Lockwoods Folly quad to the west has current occurrence records for the manatee. The shallow, estuarine waters of the in Brunswick County may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatees feed in water one to two meters (3.3 -6.6 feet) deep that may support submerged aquatic vegetation. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. To protect manatees in North Carolina, the Service developed guidelines entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina." These guidelines address all types of in-water construction, except blasting, and should produce little, if any, additional expense. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area, work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. These guidelines are available on our web site at < http://nc- es.fws.gov/mammal/manatee guidelines.pdf>. The risk to manatees could be reduced to an acceptable level by the implementation of the Service's guidelines. The risk would be further reduced by performing the work during the period of November through May. Service Recommendations Regarding section 7, the NCDCM has recommended that work should not be permitted during the period from April 1 through September 30 to protect juvenile shrimp and finfish as well as adult populations of these fisheries. The exclusion of one additional month, October, would preclude work during the period when manatees are most likely to,be near the project area. We recommend that the federal coordinated position require the work to be performed from November 1 through March 31. It should be possible to move 12,000 cubic yards of sediment during this 5-month period. The federal coordinated position could inform the applicant that the manatee guidelines provide additional measures to protect this endangered mammal. With permit conditions requiring work during the November-May period and/or our manatee guidelines, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. The Corps' requirements under section 7(a)(2) of the Act would be fulfilled. However, section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service supports the 11 recommendations made by the NCDCM. An endorsement of these recommendations should be part of the federal coordinated position. Regarding your public interest review and the requirements of the FWCA, we do not believe that the proposed activity will have significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. This position is based on the. available information, including the FIR. Therefore, with prudent measures to protect manatees the Service has no objection, from the standpoint of fish and wildlife resources, to the issuance of a DA permit for the proposed work. The Service appreciates the opportunity to comment on this permit application. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard_hall@fws.gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. Sincerely, John Hammond Acting Ecological Services Supervisor cc: Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA Ron Sechler, NOAA Fisheries, Beaufort, NC Bennett Wynne, NC Wildlife Resources Commission, Kinston, NC Jim Gregson, NC Division of Coastal Management, Wilmington, NC John Dorney, NC Division of Water Quality, Raleigh, NC ?F \NATF9 Michael F. Easley, Governor ?O? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co r Alan W. Klimek, P.E.,Director Coleen H Sullins, Deputy Director Division of Water Quality August 6, 2004 Mr. Richard Holbrook NC Baptist Assembly 100 Caswell Beach Road Oak Island, NC 28465 Dear Mr. Holbrook: WETLANDS/ 401 GROUP AUG 1 1 2004 WATER QUALITY SECTION SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions NC Baptist Assembly Boat Basin DWQ Project # 041040 Brunswick County You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity located at NC Baptist Assembly in Fort Caswell, Oak Island in Brunswick County. This approval allows you to: 1. Maintenance dredge existing 400' x 220' boat basin to 5-6' MLW and existing 70' long x 60' wide access channel to 6-8' MLW; . 2. Use a hydraulic dredge to pump 12,000 cubic yards of spoil to the designated 100,100 square feet x 8' deep disposal area. This approval is only valid for the purpose and design that you described in 'your CAMA Major application received by the Division of Water Quality (DWQ) on June 23, 2004. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations, NPDES and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your revised CAMA Major Permit application received by the Division of Coastal Management. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: N. C. Division of Water quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 pow Page Two Ms. Mooney 1PWQ Project # 04,1040 August 6, 2004 1. 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 this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; 2. No excavation or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in, the revised CAMA Major 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. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, 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 written petition conforming 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 DWQ Permit #041040 under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, Alan W. Klimek, P.E., Director I-Cli- Division of Water Quality Attachments: GC # 3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Henry Wicker WiRO- Noelle Lutheran ,1017WHEa ; i i">D iee y`nd aroly `??1l?A = Carolme?`$ellis ' CAMA Raleigh - Doug Huggett Central Files WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF 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; 6. 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 28.0200. 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 2B .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 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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 I, , 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. Signature: Date: Agent's Certification 1, , 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. Signature: Date: Engineer's Certification Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee 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. Signature Date Mail to: 401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 Registration No. MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Noelle Lutheran WQ Supervisor: Rink Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name N.C. Baptist Assembly / Baptist State Convention of County Brunswick Project Number 04 1040 County2 Recvd From DCM Region Wilmington Received Date 6/23/04 Recvd By Region Project Type maintenance dredging Certificates Stream Permit' Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA Waters P -f-@ N F--18-88-13 SC __ 17.0 2.98 r 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/Cond 0 Deny Provided by Region: Latitude (ddmmss) 335343 Longitude (ddmmss) 780112 Comments: This office has no objection to the eject as proposed provided that all of the conditions of General Water Quality Certification #3400 and the additional conditions listed in the written 401 WQC are met. The 401 was issued on 08/06/2004. NL 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 Charles S. Jones, Director William G. Ross Jr., Secretary June 22, 2004 MEMORANDUM: TO: John R. Dorney WEXODS/401 Environmental Biological Supervisor opoop Division of Water Quality JUN 2 3 2004 FROM: Doug Huggett WATER Major Permits Processing Coordinator Qtl?j"'? SEC710N SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: N.C. Baptist Assembly (Richard Holbrook) Project Location: Brunswick County, east end of Oak Island adjacent to the Atlantic Ocean and the AIWW. Proposed Project: Proposes to conduct periodic maintenance dredging of an existing boat basin and access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2004. If you have any questions regarding the proposed project, please contact Caroline Bellis at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED 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. DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Baptist Assembly (Richard Holbrook, Director) 2. LOCATION OF PROJECT SITE: East end of Oak Island adjacent to the Atlantic Ocean and the AIWW in Brunswick County. Photo Index - 2000: 8-78 N-V, 1-8 1998 : 6-123 D-Q, 12-20 1989: 186-7 H-Q, 7-15 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/20/2004, 06/16/2004 Was Applicant (Director) Present - Yes, No 5. PROCESSING PROCEDURE: Application Received - 05/27/2004 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, OH Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tanks Planned - N/A (F) Type of Structures: Existing - Recreational and Administrative Buildings, Dredge Spoil Area, Marina facility. Planned - None (G) Estimated Annual Rate of Erosion: 2 ft./yr. Source - 1998 Erosion Rate Update 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404 Federal) (B) Non-Vegetated Wetlands (open water) 130,000 sf (C)Other (Spoil Area) ?gi 6 0e d (D) Total Area Disturbed: 230,100 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: - SA 8. PROJECT SUMMARY: The applicant proposes to conduct periodic maintenance dredging of an existing boat basin and access channel. NC Baptist Assembly Page 2 9.PROJECT DESCRIPTION The project site is located at the terminus of Caswell Beach Road on the eastern end of Oak Island in Brunswick County. The site is the grounds of a former military area (Fort Caswell), and the NC Baptist Assembly now owns the property and uses the site as a recreational complex for church ministry functions. To access the project location, travel on US HWY 17 to NC 133. Go south and turn right onto NC 211 at their juncture. Proceed west on NC 211 to the intersection with Long Beach Road. Make a left turn at the traffic signal and proceed south on Long Beach Road, crossing the bridge over the AIWW. Go straight at the traffic signal on the island and continue as this street curves and becomes Caswell Beach Road. Travel to the end of Caswell Beach Road, and bear right to the entrance and gatehouse of the NC Baptist Assembly. Several buildings are located within the complex, including dormitories, activity areas, and administrative buildings. These buildings are served by the Brunswick County water system and a LPP septic tank/field system. There is an existing boat basin with a boat ramp, pier, bulkhead, and a six slip floating dock. An access channel leads to the Cape Fear River from the boat basin. Coastal wetlands line the estuarine shoreline. Much of the high ground area is maintained as lawn area. The upland dredged material disposal area is located to the east and south of most of the development on the property. Further east and south lie sand dunes, the Cape Fear River, and the Atlantic Ocean beach. Oak Island is coastal plain land that became, in effect, a barrier island with the dredging of the Atlantic Intracoastal Waterway decades ago. The topography of the approximately 200 acre property averages about 9 feet above sea level. Geomorphic features vary across the tract, and include sand dunes, ocean beach, flat high ground areas, and estuarine environments. Upland vegetation on the property is primarily maintained and landscaped lawn area, with some trees of the Maritime Deciduous Forest type present (mostly Live Oak (Querus virginiana), Cedar (Juniperius virginiana), and Yaupon (Ilex vomitoria)). Soils consist of fine sands in this area. The natural areas surrounding the boat basin and access channel contains a fringe of smooth cordgrass (Spartina alterniflora) which grades into high marsh species including salt meadow cordgrass (Spartina patens), Black Needle Rush (Juncus roemarianus), Glasswort (salicornia spp.), Sea Lavender (Limonium spp.), Salt Grass (Distichlis Spicata), and Sea Oxeye (Borrichia f utescens). The area around the dredged material disposal site is maintained as lawn, and the side slopes and top of the dike are also maintained as grassy areas. The waters of the Cape Fear River are classified SC by the N.C. Division of Water Quality. The tract is within the Ocean Erodible, High Hazard Flood and Inlet Hazard Areas of the Ocean Hazard Area of Environmental Concern, as designated by the North Carolina Coastal Resources Commission. The Long Term Average Annual Erosion Rate is 2 ft./yr. along this portion of Oak Island. The 100 year storm recession is 300 feet, and the 100 year flood elevation ranges from 14 to 23 feet. PROPOSED PROJECT The applicant proposes to maintain the depth of the boat basin and access channel by dredging approximately 12,000 cubic yards of mud (90 %) and sand (10 %) and placing the material in an upland disposal area located on the site. Currently, water depths in the 400' x 220' boat basin average about 3 ft below MLW. Depths in the 70' long, 60 `wide access channel average 4 ft below MLW. The applicant proposes to dredge both areas to their previously permitted depths of 5-6 ft MLW and 6-8 ft MLW, respectively. Dredging of the 130,000 sf area would be done using a hydraulic dredge and the spoil would be pumped across the roadway to the spoil containment/disposal area. The well maintained disposal site encompasses 100,100 sf, is 8 feet deep, and contains sufficient volume for several maintenance cycles. Excavation of the boat basin and access channel was authorized under CAMA Permit #252-88. Expansion of the basin was approved in 1991. The time period for maintenance dredging under the original permit expired in 1997. NC Baptist Assembly Page 3 10. ANTICIPATED IMPACTS Short term increases in turbidity in adjacent areas can be anticipated during dredging of the boat basin and the access channel. Maintenance dredging should be timed to avoid periods of peak biological activity to minimize impacts on marine resources. Submitted by: Caroline J. Bellis Date: 06/21/2004 Office: Wilmington Form DCNI-?4f-P-1 '2 7 1004 APPLICATT""N _ n A 'q A (To be completed by all applicantsi , i "4 `'ti` ` 11\.- i 1. APPLICAIN7 a. Landowner: Baptist State Convention of NC NameDBA: 1.C Baptist Assembly Address 100 Caswell Beach Road City Oak Island State NC Zip 28465 Day Phone 910-278-9501 Fax 910-278-9112 b. Authorized Agent: Name Richard Holbrook Address 100 Caswell Beach Road Citv Oak Island Zip 28465 State NC Day Phone 910-278-9501 Fax 910-278-9112 c. Project name (f any) NC Baptist Assembly Boat Basin N07c: Pem t will be isaced in name of londonnar(,r), and/or project nano. 2. LOCATION OF PROPOSED PROJECT a. County r„n--- ?>< b. City, town, community or landmark 7n n-r * CACR7al 1 c. Street address or secondary road number 1,9(1 Cacwall Raarrh Rn2d, QPV Tcla*,r?, N-C d. Is proposed work within city limits or planning jurisdiction? Yes _y No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Care Fear and Fl i 7ahPrh Rivers 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. Maintenance dredging of existing boat basin. Spoil to be placed in existing permited spoil containment area. b. Is the proposed activity maintenance of an existing project, new work, or both? maintananr a c. Will the project be for public, private or commercial Ilse? n ril,ara 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. to provide recrational boating facility for Guests of the NC Baptist Assemblv Revised 03!95 Form DCM-INiP-1 4. LAND A N-D NY A T E R CILAR.ACTERISTICS a. Size of entire tract gnnrnvilratcll+ o b. Size of individual lot(s) ?e c. A , roximate elevation of tract above MHW or N7,? o reo d. Soil type(s) and texture(s) of tract c _ndv e. Vege}ration on tract ?cr cc _ nrnimanral 1 anri_ sca=in=. trees ?ne V °v°-? 2ti nn m. Describe existing wastewater treatment facilities. LPP, Septic tank and field. central collection DumDed to tank and field n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriallcotnmercial ef°tIuent, 'wash down' and residential discharges.)surface runeff =rom lawn o. Describe e ring drinlcitig water suoply-soiirce'_i Brunswick" ,CdunLv 'water system i? i. M. t-rniade features now on tract Civil i1^r rnrt, NN CoaCi_G! ,Ttil I^.TV Rf._ fPriPC }1171 l (?iT 1,CC C• ADDITIONAL INFOR'4?Zk''IO g. W Zt is the CAMA Land Use Plan land claSSiflCation of the Site? (Cons the 1o=1 Leal use plot) Conservation Developed Rural Transitional Community X Other r a. "How is the tract zoned by local government? ces_de -t- i. L trade proposed proie,= consistent with the appiic:able zoning? Yes No (12:? :oneng =mp,-ice cr^nc e, if arpE=c Le) Has a professional archae llogical done for the tract? Yes If yes, by whom? k. Is the projAe located in a National Registered Historic District or does it involve a National Register lined or eligible property?" Yes No Fort Caswell .Ve there wetlands on the site? X Yes -No Coastal (marsh) y Other If yes, has a delineation been conducted? (A=,:h doryaenmdcs, if aval-able) In addition to the completed application form, the following items must be submired. • A copy of the deed (with state application only) or other ins-uument under which the applicant claims title to the affected properties. If the az)r)li=t is not claiming to be the owner of said prope-n-y, 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 proje=. • An agate, dated wort: plat ('including plan view and cross-sec-ional drawings) drawn to scale in blaci ink on an 8 112' by 11' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed des..iption.) Pks-re note that original drawings are prefer-red 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 sumciently detailed to guide agency personnel unfamiliar with the area to the Corps of Engineers inspected for the original permit. Spoil containment site was relocated to better location as result to be further from wetlands. assessment been k No Ze?ssed Q3; 9r Form DCNi-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Maior Permit, Form 1DCM-MP-1. Be sure to complete all other sue: dons 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 re--. Aver2ge Final Ezisti Project U-_-th Width Depth Depth Access channe'. (MLw) or (NwL) Canal Boat basin Boat ramp Rock groin Rock break-water Other (Ezclud•.ag short-line s:aeuiz_'ion) 700' 60' V 61-8' G00' ( i 220' 3' 5'-6' .V 1 1. EXCAVATION a. Amount of material to be excavated from below MHW or NTWL in cubic yards 1 ?,Ono (-.,t„ r vards b. Type of material to be excavated 907 mur; t nn sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes N No d, Highground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED NIATERIU a. Location of disposal area On site prev_cus"I b. Dimensions of disposal area 770' x:130' x8' c. Do u claim title to disposal area? r 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 ves, where? wi ti^tin original peLitted Revised 03'95 Form DChi-1liP-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 wi 11 i am Rasi,ar Address 109 cngwpll Reach RnPA Phone ('aat*p11 Beach, N('. 28L65 Name Billy Seguin Address BO Boa 780 Phone Leland, NC 28451 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, per mittee, and issuing dates. Pe it Number 7;?-98 iccilan 1?/1'? /RR ?e-,.:it Number 252-88 (Renewal)4/14/92 S400.00 • A check for made payable to the Department of Environment, Health, and Natural Resources (DEIHN'R) 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 PERK SSION 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 to 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 20th day of May ,' 2004 pint Name Richard Eolbrook Signature k 111.?V Ividowner or Authorized dgew Please indicate attachments pertaining to your proposed project- X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-S Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each urffad meat in the sPace-provided at:the bottom of each farm. 7 2004 ,lr, ` Revised o3.194- Narrative NC Baptist Assembly Boat Basin Maintenance Dredging This application is for the purpose of maintenance dredging in our existing boat basin. Periodic maintenance dredging is necessary to maintain the permitted depth and dimensions of the basin. The basin is located at the North Carolina Baptist Assembly and is for the private, recreational use of our guests. It is also used at times as an emergency shelter for boaters experiencing mechanical trouble or escaping from summer electrical storms. Whenever possible or necessary, Assembly staff render assistance by providing transportation or admitting to the grounds others providing assistance to these boaters. Oak Island Water Rescue has permission to use the basin and launch ramp, in case of emergency, to more quickly render assistance to:persons needing aid on the eastern end of Oak Island, Cape Fear River, Elizabeth River, or ICW. This is the only launch point available to them on Oak Island with immediate access to these waters. A location for emergency helicopter landing on open ground clear of buildings, overhead lines, or other obstructions has been designated for their use should it be necessary. The NC Baptist Assembly occupies the property once owned by the US Government and used by the various military entities during the Civil War, World War L and World War II on the eastern end of Oak Island adjacent to the Cape Fear River. The basin area was originally dredged and bulkheaded for use by the US Navy. The project will consist of hydraulic dredging to return the basin to its original permitted depth within the original permitted boundary. No deepening or expansion of the basin is requested The spoil containment area is the same as previously permitted and is well maintained No wetlands are affected by the project and no backfilling is necessary. Submitted by: Richard Holbrook, Director NC Baptist Assembly S/?0/04 C v Q U U Z . cr 0000 _ -U` vaOCw e `J i ' t11Z 2=N \ QW LJ<Z Y ?. t17mcr O WW LLI Ld c m o J _ U> t- Jf-- \ r ?- ZO Tim J M v) a. ` LLJ? ; - °o7) U OO L zQ z W < z LL. LL. O a % = -- _ -- _-- ---------- 1 __ - ---- ?u ,. ?' ,r vv ? ! ?EC- it ?• CL --- -- -------- -- ? J - ? 1 f v .. I O Ifn y LEI z V) a ;' c ; Q I (N -;Z - Form DCNI-INIP-2 EXCAVATION AND FILL (acept bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1- Be sure to complete all other se Lions 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. Arerage Final E dstiag Projed Len.2th Width Depth Depth Access channel (%IL'k) or (NW'L) Canal Boat basin Boat ramp Rock groin Rock break': x•ater 0th er (Excluding shoreline scabdiLion) 700' 60' 4' V-81 i ( 4.00 i `?Of U 3r 5I-61 V S r t: ? ? • 'it?iiC4e . . ,-,..r?... _ i 1. EXCAVATION L Amount of material to be excavated from below MHW or NWL in cubic yards 1?.00o -hi r yards b. Type of material to be excavated 907 mtlri 107 sand c. Does the area to be excavated include coastal wetlands (marsh), submersed aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards 'gone 2. DISPOSAL OF EXCAVATED NIATERLU a. Location of disposal area On site prev_cusIv ..a b. Dimensions of disposal area 770' x130' x8' c. Do you claim title to disposal area? X Yes No If no, attach a let -ter granting per-mission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If ves, where? original pe=mitted Revised 03195 Form DCM-N- 1P-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? yes 1 No 3. SHORELLNE STABILIZATION a. Type of shoreline stabilization X Bulkhead _ Riprap b. Length NA c. Average distance waterward of N1HW or NWL 1\A d. liaximurn distance waterward of MHW or NWL ?NA e. Shoreline erosion during preceding 12 months \'A (Source of information) f. Type of bulkhead or riprap material wood/vinyl g. Amount of fill in cubic yards to be placed below water level (I) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTPMIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes x No If yes, (1) Amount of material to be placed in the water NA (2) Dimensions of fill area NA (3) purpose of fill NA b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area NA f fill NA I? r GENERAtr COAST.AL a. How will excavated or fill material be kept on site and erosion controlled? in spoil containment area b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? hydraulic dredge c. Will wetlands be crDssed in transporting equipment to project site? Yes v No if yes, explain steps that Nwill be taken to lessen environmental impacts. NC Baptist Assembly Boat Basin App' or ProjStx Na= Signature Mav 20 2 4 Date Revised 03/95 I !I I I ? I I 1 1. ? I ml OI OI OI T I 1'I ul 3 3? C? J i I 1 ? I ? I i - i W J Z ©! N; v F-V co J Jo Q U- LLI e- J w M o; _1 G r Q / {tIZ NNW I-n L W ? ?J -H to ? J - W G Qf Z U `- W J C W i i 1 Q I I Ckj U ° N z 0-11 F-w: U?. W ? cr) N O (D 7-- 7 1 iUJ L c _ in z O w .__t LLI z z S Uo N Q LLI J U I O q? O t 00 cl . c N C W Q Ld u Z C _ G t- W 1 llO O I? . 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