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Home My WebLink About20210545 Ver 1_USACE Correspondence_20210622Strickland, Bev From: Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.army.mil> Sent: Tuesday, June 22, 2021 11:32 AM To: Howell, Jonathan Cc: Wojoski, Paul A; MacPherson, Tara; Bodnar, Gregg; Pete_Benjamin@fws.gov; fritz.rohde; Pace Wilber - NOAA Federal; Bowers, Todd; Snider, Holley Subject: [External] SAW 2021-00650 CL-31 Letter CADD Properties Bulkhead and Dock Attachments: SAW 2021-00650 CL-31 Letter CADD Properties Bulkhead and Dock.pdf; 2021-00650 Maps, Drawings, Photos.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. All, see the attached CL-31 Letter and Corps Special Conditions as per the PGP-291 Process. Let me know if you have any questions. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 22, 2021 Regulatory Division Action ID No. SAW 2021-00650 Mr. Jonathan Howell North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application by CADD properties, LLC to reduce the size of the existing docking facility and install a new 63.5 ft. bulkhead an average of 5 ft. and a maximum of 10 ft. waterward of the existing bulkhead, resulting in the filling of approximately 534 ft2 of estuarine Waters of the US in the Holden Beach canal system. The proposal is to step out a portion of the bulkhead because of its close proximity to the existing covered porch and house pilings. The applicant also intends to remove a portion of the existing access pier and fixed platform to make room for the new vinyl wall. The access pier would be reduced to 4 ft. x 20 ft. and the fixed platform would be reduced to 7ft. x 12ft. (See Sheet 2 of 3 of drawings). The remaining portion of the docking facility will occupy the existing footprint and not encroach further into the canal. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: Special Conditions 1. Prior to the start of any earth disturbing activity, the applicant must relocate all live oysters from the work area as requested by Division of Marine Fisheries. 2. All work authorized by this permit must be performed in strict compliance with the submitted plans and drawings dated March 11, 2021, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 7. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found ath!Ltp://www.fws.gov/nc- es/mammal/manatee_ guidelines.pdf. 1 O.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 11.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 523-1151. Sincerely, CURREY.GREGO RY.EUGENE.105 1011950 Digitally signed by CURREY.GREGORY.EUGENE. 1051011950 Date: 2021.06.22 11:16:21 -04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Permit Drawings Copy Furnished by email with attachment: Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Gregg Bodnar North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr.Fritz Rohde Ms.Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Ms. Holley Snider Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Gros LionSunset J f 05 Swordfish. Dr, Holden Beaeh NC;--28462� �,--W' 105 Sv'vcrdt �-- .' i tom, i. ,� ;�. «' �� ,� rt-r��a n�a-foH •s�v�aaxvxL ion g2 III€!I •� d •6uySi2afCn/3irA�S8F1'S8.idu.5j6k3u.�M31`)N3� Ar%TJ�vTV�Jj+oak !�3GY�H :803 AWMS VMJ 79AZEVII_V,7108 - I •y �= d<x s �5 � 5I %\ F19�1p1�5 3* I� ja' 1 I ,'=€. x.a� .tt as sa uawvrros xno ol� �� I �• � M �%iil 1OS ,ff n l � � � � — f MA lag u s Fit Ir -- — — — — — -— — — — — — — -M — Lj �as � "� g II — — — — — — — — �y R I j I E � s a s q1 3s 19a s S • � �--�� €� ��k �,��s � p� � � - � LIIR AR "_N "r 0 -7 m n m m ^' o v z -- z n Q .3�� NO C° �J c�? Q A � 1 f� V m r-+ m m q o 6 \\4vAx �'rb � 3- �} (3 i� f�fic�h� CAD[) Prffj4,-3 LL,- WL Cv 41-ND�k0 Sca�f, ACH I ANO TOP OF WALLI p"DIAMETER GALVANIZED THRU BOLT }' OGEE WASHER WI NUT AT T1E BACK LOCATION (TYP) 4X6 BLOCK BETWEEN 8X8 PILING AND VINYL SHEET PILE J'01AMETER GALVANIZED THRL' BO_;T WATER L.EVEL- 0" EXISTING GRADE (BG BOTTOM OF WALL (BW) rawiy1 N;7r TOP GRADE (TP) �jyn� ---;, 'c.. `TWO (2) 2XI4 P.T. TIMBER TOP CAPS LAID FLAT ADJACENT TO E OTHER NAILED TO 8X8 POSTS WITH FOUR (4) 160 NAILS MfNIMUi WALER WITH FOUR (4) 16D NAILS 30" ON CENTER (TYP) UPPER REAR 4X6 P.T. TIMBER WALER BEAM MATED FLUSH AT END TO ADJACENT WALER (TYP) UPPER FRONT 4X6 P.T. TIMBER WALER BEAM MATED FLUSH AT END TO ADJACENT WALER (TYP) ' SX8 P.T. MARINE GRADE TIMBER PILE (TYP) i" DIAMETER GALVANIZED THREADED ROD AT EACH 8X8 P,T, TIMBER PILE MANTA RAY MR-1 ANCHOR OR EOUIVALENT ANCHOR AT EACH PIL[NG LOWER REAR 4X6 P.T. TIMBER WALER BEAM MATED FLUSH AT END TO ADJACENT WALER (TYP) LOWER FRONT 4X6 P.T. TIMBER WALER BEAM MATED FLUSH AT END TO ADJACENT WALER (TYP} INILRLOCKING VINYL SHEET PILING (EVERLAST SYNTHETIC PRODUCTS. LLC ESP 4A VINYL SHEET PILE OR EQUAL) WITH SHEET BELOW GROUND AND 8 FEET ABOVE GROUND INSTALLED PER MANUFACTURERS RECCOMENDATIONS 1) ALL TIMBER TO BE MINIMUM NO 2 GRADE. 2) STAGGER JOINTS AS DESCRIBED ON FRONT AND REAR WALERS. 31' ALL TIMBER TO TREATED PER A4VPA C-2 AND C-16, 4) TIMBER PILE TIP DIAMETER AND STRAIGHTNESS PER ASTM D-25. 5) ALL STEEL. FASTENERS AND TIE RODS TO BE HOT DIP GALVANIZED PER ASTM A-153. ` t I T-/ MANTA RAY MR- ief ANCHOR OR EQUIVALENT ! ANCHOR AT EACH PILING }} I i " 3 (Se� -P �1J�) i i " ! �r }' MAME16 GALVANIZED THREAD,Ail I i ROD AT EACH 8X8 P.T. TIMBER PILE 1 1" PULLED) TO TENSION OF B,QfIO 6 " TWO (2) 2X14 P.T. TIMBER TOP CAPS LAID FLAT ADJACENT TO EACH POUNDS FOR 5 MINUTES I OTHER NAILED TO 8X8 POSTS WITH, FOUR (4) 16D NAILS MINIMUM AND " WALER WITH FCOR (4) 160 NAILS 30" ON CENTER (TYP) FINTERLCCXING VINYL SHEET PILING (EVERLAST SYNTHETIC PRODUCTS. LLC ESP 4.1 VINYL SHEET PILE OR EQUAL) WITHBEET BELOW GROUND AND 8 FEET ABOVE GROUND ' INSTALLED PER MANUFACTURERS RECCOMENDATIONS I J' OGEE WASHER VA rUPPER REAR 4X6 P,T. TIMBER WALER BEAM MATED NUT AT TIE RACK FLUSH AT END TO ADJACENT WALER (TYP) LOCATION (TYP) !L FRONT 4X6 P.T. ITWBER WALER BEAM I �aAME TER SX8'P.7- MARkNE F-UPPER I I MATEO FLUSH AT END TO ADJACENT WALER (T)P) 1 GALRVI Rnl D� k 1 GRADE TEMBER PiLE (TYP)� ) .TOP '4-IEW IL) Zo2� SF NED MAR 11 Z021 f�l DCM WILMINGTON, �bC • Photo Attachment: HECEIVED MAR 11 2021 Z DGM WILMINGTON, NG AN t?1P V AIL _ � t`-� ss ffiffi I� cv31� -4� AVOW Photo 9: Where bulkhead will intersect fixed platform. Photo 8: Proposed bulkhead takeoff 10' from existing, vircoVED MAR 11 NZ1 DCM )NILMINGTON, Nc RE: Bulkhead fill with shell bottom Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Thu 3/11/2021 1:54 PM To: Brock, Brendan O <brendan.brock@ncdenr.gov> Hey Brendan. I would ask that they move any live oysters. Wow that house is right on the edge! How far do they want to move out? It looks like there are CW in the area, how much is in front of the bulkhead? Kim From; Brock, Brendan 0 Sent: Thursday, March 11, 2021 11:11 AM To: Harding, Kimberlee k <K1mberlee.Harding@ncdenr.gov> Subject: Bulkhead fill with shell bottom Hey Kim! I wanted to send over this photo of a canal at 105 Swordfish in Holden Beach. The applicant has a failing bulkhead and the house is within 5' of the existing bulkhead wall so they are proposing to step out the bulkhead out into the canal. In doing so, they would be filling some of the public trust and shell bottom habitat. Would it be your recommendation that the applicant rake and relocate the oyster shells prior to . S tNNIS® BAR �1 Ip21 Dcow ACM w1,�,N1►NG � �,... , ..