HomeMy WebLinkAboutJOHN M CRAIGDIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
January 13, 1986
M E M O R A N D U M
TO: John Parker
FROM: Dennis Ramsey
SUBJECT: Application for CAMA Permit
John M. Craig - Holden Beach
Brunswick County
The Subject application has been reviewed for water quality impacts
and the following comments are offered:
1. The applicant has not successfully demonstrated that
stormwater runoff from the 100 year 24-hour storm event will
be prevented from entering adjacent SA waters. Unless _such a
demonstration is successfully made it is expected that
violations of fecal coliform water quality standards will
occur due to runoff.
2. The gazebo proposed to be built over water does not provide a
30 foot natural buffer from SA waters. The roof runoff from
the rooftop is expected to cause fecal coliform standard
violations.
3. Unless the applicant is required to provide marine pumpout
facilities and a locked head policy is established and
vigorously enforced, it is expected that water quality
standards for fecal coliform in adjacent waters will be
violated due to sewage from boats.
4. The project does require a 401 certification but meets the
requirements for general certification for liquid effluent
from upland diked disposal areas.
DRR/BM:dkb
cc: Preston Howard
Bill Mills
0
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 3, 1986
MEMORANDUM
To:
Thru :
From:
Bill Mills
Operations Branch
Charles Wakild
Wilmington Regiona ffice
A. Preston Howard,. Jr. ???
Wilmington Regional Office
?
Subject: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
John M. Craig - Holden Beach
Brunswick County
The applicant proposes to construct 140 townhouses, a gazebo, floating
docks and boat ramp on a 28 acre tract of land located.along the AIWW near
Holden Beach, classified SA waters.
The project has been reviewed to determine impacts to water quality.
The following information is provided:
1. The project will require 401 certification, but appears to meet
the conditions of .a General 401 certification for the discharge
of liquid effluent from a diked disposal area.
2. The applicant has not demonstrated that stormwater runoff ,
from the proposed project, during a 100 year, 24 hour storm
event will not enter adjacent surface waters classified SA.
The applicant has also not demonstrated that the project
contains less than 10% effective impervious surface areas
for the total site.
Unless either of the above objectives-are adequately demonstrated,
it is expected that fecal coliform standards will be violated within the
adjacent waters due to stormwater runoff from the proposed project.
3. The construction.of the gazebo will result in the creation of
a 625 s.f. impervious surface area.over SA waters, which would
be inconsistent with the 30' undistrubed natural buffer between
the MHW contour and impervious surface areas. Fecal coliform
standard violations would be expected from runoff from the
roof of the structure into SA waters.
Memo to Bill Mills
Page 2
January 3, 1986
4. The applicants propose to construct a 10 slip boat mooring
pier. Unless marine pumpout facilities are provided and
utilized, and a locked head policy established and enforced,
it is expected that fecal coliform standards for SA waters
would be violated due to the overboard discharge of sewage.
APH/MFW/s?oul cc: Rob - DCM
Wilmington Regional Office
Central Files
f OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name John M. Craig.
2. Location of project site One mile west of N.C. 130 on S.R. 1139 along AIWW near Holden
Beach, Brunswick County.
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 7/30/85 12/9/85
(B) Was applicant present Yes No
Photo 10-85; Grids M & N - 22,23, & 24
5. Processing procedure: Application received 11/8/85 Office DCM-Wilmington
6. Site description: (A) Local Land Use Plan Brunswick County
Land classification from LUP Transitional
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing Septic Tank
Planned Residential boat basin with 10 slips on floating dock.
(E) Type of structures: Existing. Residence with lake and dock.
Planned 140 townhouses with 10 slips. _
(G) Estimated annual rate of erosion ' N/A. Source N/A
7. Habitat description:
AREA
(A) Vegetated wetlands: Dredged Filled Other
N/A
Cordgrass/Juncus
(B) Non-vegetated wetlands:
Fine Sand/Silt Bottom (Open Water) 33,000 s.f.
Concrete Floating Docks
pen Water Gazebo
(C) Other:
140 Tonwhouses over 700 s.f. from MHW
(D) Total area disturbed:
33,000 s.f.
t 900 G.f-
shaded by pier
( 1 ong ATW[, )
2,050. s.f.
625 s.f.
8. Project summary The applicant proposes to construct 140 townhouses away from the water
and dredge a 10 slip residential boat basin with floating docks gazebo and ram nn ;g
28 acre tract of land along the AIWW at Buoy #59 west of the Holden Beach Bridge.
John M. Craig
Page 2
9(a) SITE DESCRIPTION:
The 28 acre site is located between S.R. 1139 (Seashore Drive) and the AIWW about
one mile west of the curve in N.C. 130 near Holden Beach at Buoy #59. An existing
residence with garage is located back the t;? mile dirt lane. It is situated at
the junction of a "Y" shaped freshwater pond and the AIWW. Two wooden piers, a
gazebo and a small boat house are situated waterward of the residence. A dirt,
gravel and concrete boat ramp follows the western boundary of the tract. A 30'
fringe of black needlerush and 120' fringe of cordgrass extends out from the 4'-6'
estuarine bank which is stabilized with yard grasses and native trees and shrubs.
The existing water depth around the piers is -2.5' (MLW) and the bottom consists
predominantely of sand/silt and shell. A Corps diked disposal area exists across
the AIWW channel. Most of the 28 acres is vacant woodlands, however a three acre
freshwater pond drains towards the waterway. Upland soils consist of Pautolus,
Leon and Rureb. The regular tidal amplitude averages 4.8' and the waters are
classified as SA. There are some clams in the area and the site is classified as
a secondary nursery area.
9(b) PROJECT DESCRIPTION:
The applicant proposes to construct 140 (2) bedroom townhouse units on the northern
half of his 28 acre tract. He desires to have available a 10 slip boat basin with
ramp to add as an amenity thereby replacing his,two private piers and existing boat
house. The applicant would also improve the existing boat ramp along his western
boundary and thereby share its use with his neighbor. It is proposed that an open
water area measuring 300' by 110' by -6' (MLW} depth be dredged 10' waterward of
the existing marshline.and parallel with the AIWW. Approximately 10,000 cubic yards
of spoil would be removed by hydraulic dredge to the existing diked Corps spoil area
across the channel. Approximately 425 linear feet of 6' wide elevated walkway is
to be installed. Also the 175' long by 10' wide floating dock with (5) 20' by 3'
finger docks will be constructed out of concrete. Also proposed is a wooden 25 feet
square gazebo. The existing ramp is to be resurfaced with concrete and have its
wooden fenders replaced.
10. ANTICIPATED IMPACTS:
The project as proposed will call for the excavation of approximately 33,000 s.f.
of secondary nursery habitat along the AIWW. Turbidity impacts are anticipated
and the dredging activity should be required to avoid those most active biological
cycles. It is expected that over time some of the cordgrass boundary will be
undermined by the dredge cut. Some pollution impacts are expected due to the
concentration of boats in this area. Since the 140 units will be t700' from the
brackish water in suitable soils, stormwater impacts are not anticipated. The
net density will be only five units/acre. The gazebo measuring 25 feet square
will be excessively large. The improvements to the existing boat ramp should not
present any new problems.
SUBMITTED BY: Rob Moul OFFICE: DCM=Wilmington DATE: December 14, 1985
• PI•RA11i 10 fi X "AVA I E AN[1?ctR I ILL V: A P.9 Q6At IT Y CL K I If IC:A I ION
I:ASEN14 .f IN LANDS COVI.Rt U lit" WAIUR C AJAA f't.H441 I FOR MAIGIR titVE1101'MENT
•apartmvntof Adminl?tr lion State )I Nunn 4aroll(u Uc
.JS 14612) Ueparlmcn: ,t Natural kcs .uru: and t uir rnuni:y Ur?cici,mc: i C.o njlneert, 1:IIm1 In:
((;S 114"1 J(4)(1), 143:15.?( j, 1l 1ti IIt (3 :09.320.319;
i
Please type Of prJ1t11 and fill ir1 all blanks. II tnlrrrrrtatir.ir IS riot Applicable, s< t0dil.A:c by ;'OMQA OCOASTAL MANAGEMENT
WILMINGTON REGIONAL OFFICE
I. Applicant In( mation
A, Name CRAIG JOKi'I IJELVJ
Last F itt Middie
0. Aiadri ss i.ROUTE 1 BOX 378
Street, 1'. U. bux or l uute 842-2E28
i HOLDEN BEACH N C 28462
--? City or Town State Zip Code Phonic
It. Location of ft ' Project:
A. County $ UNSWICK
H. 1. City, rc n, community or landmark HOLDEN BEACH ( AREA) _
2. Is pr !
pf` sed work within city limits? Yes No - X I C 4J W
C. Creek, rive, sound or bay upon which project is located or nearest named body of water to project
III. Dextription 4rojeu
A. 1. Maintenance of existing project NA 2. New work FLOATING DOCKS (1o BOATsi I PS
S. Purpose of, excavation or fill
1. Access.hannef length width depth _
.2. Host basin length± LOFT width 3nnFT depth ---&El
3. fill area Icngth width depth
4. Other length width depth
C. 1. Bulkhead Icngth Averagr distance Watcrward of MHW (shoreline)
1 ype of bulkhced construction (maieital) NA
U. Excavated material (total for project),
C Cubic yards 10.003 C.U. YDS 2. hype of material SAND,SHELL & MUD
E. Fill material to be placed below MIiW (sec also Vt. A)
1. Cubic yards NA 2. Type of material NA
IV. Land Type, Disposal Area, and Construction Equipment: ,
A. Dues the at ca to be excavated include any marshland, swamps or other wetland? Yes No X
8. Dues the disposal area include any itim lrnct, swamps or other wetIarid? Yes Nu _.X
C. Disposal
EXISTING CORPS SPOIL AREA LOCAT D WEST OF HFRT
1. Location. TArF Rf?(l;'P 1i(11 1FN 1?FD, f?
2• Do you claim title to disposal area! NO
i
D, f 111 material source if fill is to be it uc ked in
E. How will ctcavalcd material be entiapped and erosion controlled? EARTHEN 61 KE _
f . 1 ype of equipment to be used HYDRAULIC DREDGE -
G. Will marshland be closed in transporting equipment to project site? If yes, explain NO
1U/lfi
Inundod Ust o ProtpcbAtc (uI SI
-
R T
L
C
/t.' 1. Private t
O
OWNHOUSE
OMPLEX
/?l
„ V
2. Commer NA J
3. Housing Devttoprncru or Industrizl NA
4. Other NA ,Affi 20
O1 fICL- OE COASTAL MANAGEMENT
Lot size(
8
1 23 ACRES
}) ncarr
.
.
2. Elevati II
of lot(s) above mean high water 21 TO 30 FT
3. Soil ty and texture PACTOL S( & LEO K 1REB
4. Type of uilding facilities or structures 2 BEDROOM _10 i11H011 SE 1440 IJN1J,.5 "2pp fnr+^ i? cr
5. Sewage isposal;nd/or waste water treatment A. Existing PlannexlS?. AGF TFAJ1AFj!T PI AIJ _
Desc be PROPOSED
6. Land G sifieation (circle one) DEVELOPED TRANSIT IONA L COMMUNITY' kURA1,
CONSERVATION OT - (Sea CAMA Lo:.al 1.44 Wse I'Lui Synops :,,
VI. Pertaining to t and Water Quality:
A. Does the pr )posed project involve the placement of fill materials below mean high water? Yas NQ ?S..r._
0. 1. Will any unoff or discharge enter adjacent waters as a result of project activity or planned use of the
area foil wing project c xnpletion? Yes_ No X
Z. Type of NA
ischarge
3. D.ocat of discharge NA
Vit. Present rate of oreline erosion (if known):
Vill. List perntit rw?tbers and haw dues of previous Department of Army Corps of En#lnem ef Slyto pormipt col .
.._....... „„r. , .-,.
work In protect area, If applicable: N p.
DX. Length of time reguirod to complete project: 12 TO 18 MONTHS
X. In addition to the compktat application.-form, the following items must be provided:
A. Attach P ORY of;hedeed (with State application only) or other instrument under which applicant
claims title ko the affected property. OR if applicant is not claiming to be the owner of said property,
then forwarx! a copy of the dad or other instrument under which the owner claims title p144 written
permission from the ownef to carry out the project on his land. '
B. Attach an accurate work plat drawn to scale on 8h X 1 ! " white paper (see instruction booklet for
details). Ngte: Original dfaWings preferred - only high quality cupics accepted.
C. A copy of the applicgtion and plat must be served upon adjacent ripar ten landowners by (cOtcreQ FK
4ertified mil or by publication (G.S. 113-229 (d))Lnter date served 2-1
D. List names jznd Fompicto addresses of the ripai tan landowners with proPci ty adjoining applicaR,'s.
Such owners have 39 days in which to submit comments to apsicirs lisicd Wow. 10
RHODA R GAINEY PAUL D D NN
U BOX 233 P.J. LOX 102
SUPPLYL N.C. 28462 SUNSET BEACH,
XI. Certification equirement; I certify that to the best of my knowledge, the proposed activity complies
with the Scat of North Carolinas approved coastal management program and will be wnduc" in a
manner con , tent with such program.
Xtl• Any permit issued pursuant to this application will allow only the development described in this eppli
cation and plat. Applicants should therefore describe in the application end plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
ATE
j Applicant's Signature
OAF-U2 SEE RLVI:RSE SIUL FOR MAILING INSTRUCTIONS
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pEPARTMENT OF THE ARMY
W, MJNGTON DISTRICT, CORPS OF ENGINEERS
j ° P.O. BOX 1890
ILMIIdGTON, NORTH CAROLINA 28402.1890
January 17, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO85-N-010-0351
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
RECEIVED
iAN201986
WATER QUI"11TY SECTION
OPERATION-13) 9RANCH
Reference the application of Mr. John M. Craig for a
Department of the Army permit to excavate a basin, construct
piers, a dock, a gazebo and repair a boat ramp on the Atlantic
Intracoastal Waterway (AIWW) near Holden Beach, Brunswick County,
North Carolina.
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:
a. In order to protect juvenile shrimp and fin fish species,
no excavation will be permitted between the dates of April 1
through September 30 of any year without the prior approval of the
North Carolina Division of Coastal Management.
b. All excavated materials will be confined landward of the
mean high water elevation within adequate dikes or other retaining
structures to prevent spillover of solids into any marsh or
surrounding waters.
c. The terminal end of the pipeline from the dredge into the
diked retention area will be positioned at or greater than 50 feet
from any part of the dike and at a maximum distance from spillways
to prevent dike erosion and to allow adequate settlement of
suspended solids.
.? -2-
d. A water control structure will be installed at the intake
end of the effluent pipe leading from the retention area in order
to ensure maximum settlement of suspended solids.
e. Flow from the diked retention area will be confined by
pipe, trough, or similar device to a point at or below the mean
low water (MLW) elevation contour to prevent gully erosion and
resultant unnecessary siltation.
f. No wetland vegetation will be excavated or filled.
g. Excavation will not exceed 6 feet below the elevation of
mean low water (MLW).
h. Excavation will not extend closer than 30 feet to the mean
low water (MLW) elevation contour.'
i. All piers will be elevated not less than 6 feet above
ground level in the vicinity of (Spartina alterniflora) marsh in
order to preclude significant marsh shading.
j. Fixed structures, such as piers, docks and pilings, will
not be placed closer than 85 feet to the near edge of the
federally-maintained 90-foot-wide channel of the Atlantic
Intracoastal Waterway (AIWW).
k. The permittee's scheme of development, of which the
authorized work is a part, contemplates the presence of structures
and their attendant utilities on lands subject to an easement in
favor of the United States for the operation,, maintenance,
improvement, and enlargement of the Atlantic Intracoastal
Waterway. Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event
that, in the judgment of the U.S. Army Corps of Engineers acting
on behalf of the United States, said lands are needed at any time
for any purpose within the scope of said easement. Permanent
buildings will not be constructed in areas subject to easement.
1. Thispermit does not authorize theinterference with any
existing or proposed Federal project, and the permittee will not
be entitled to compensation for damage or injury to the authorized
structures which may be caused by or result from future operations
undertaken by the United States in the public interest.
-3-
m. The permitted structures may be subject to damage by wave
wash from passing vessels. The issuance of this permit does not
relieve the permittee from taking all proper steps to ensure the
integrity of the structures and the safety of moored boats from
damage by wave wash. The permittee will not hold the United
States liable for any such damage.
n. No attempt will be made by the permittee to prevent the
full and free use by the public off all navigable waters at or
adjacent to the permitted structure.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone (919) 343-4467.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
'/Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North `Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 17, 1986
SUBJECT: File No. SAWC085-N-010-0351
Mr. John M..Craig
Route 1, Box 378
Holden Beach, North Carolina 28462
Dear Mr. Craig:
RECEIVED
APR 2 1 1986
WATEN QUALITY SECTION
OPERATIONS BRANCH
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of April 4, 1986, we have been
informed that your application for State authorization to excavate
a basin, construct piers, a dock, a gazebo and repair a boat ramp
on the Atlantic Intracoastal Waterway (AIWW) near Holden Beach,
Brunswick County, North Carolna, has been denied. Under the
administrative rules of our regulatory program, denial of required
State authorization precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is
hereby denied, and your file has been retired.
Mr. Ernest Jahnke of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. He may be reached at telephone (919) 343-4467.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Wayne A. Hanson
Colonel, Corps of Engineers
District Engineer
-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service,
NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
IN MrrLr ncrcn lu
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
August 26, 1985
SUBJECT: File No. SAWC085-N-010-0351
Mr. John M. Craig
Route 1, Box 378
Holden Beach, North Carolina 28462
Dear Mr. Craig:
RECEIVED
jr), f3 0 1985
V,ATER ( SECTION
0 P E F CRANCN
On January 27, 1981, we issued general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received August 20, 1985, for a
Department of the Army permit to excavate a basin and construct
piers, dock, and a gazebo on the Atlantic Intracoastal Waterway
(AIM near Holden Beach in Brunswick County, North Carolina,
indicates it to be a candidate for Federal authorization under
this general permit. Accordingly, the administrative processing
of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general
permit process for any reason, you will be written and informed of
its further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC085-N-010-0351 and will be
coordinated by Mr. Ernest Jahnke, telephone (919) 343-4467. He is
available to address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
. .. 4 -2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Lee Pelej
Environmental Review Section
Environmental Assessment Branch
U. S. Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, Georgia 30365
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403