HomeMy WebLinkAbout19860079 Ver 1_COMPLETE FILE_19860101Permit Class
New STATE OF NORTH CAROLINA
Department of Natural , . ?Ca Community Development
?X4
01
Mai b'?e I n 'lin?$ , onmental
Con
.IP'RIL 12. CO'
X Excavatio ?tf36 ?' to NCGS 113-229
Issued to Davi s Canal Property Owners, c/o Ms. Gale Pfaff, P. 0. Bo)
Permit Number
?A-R7
authorizing development in Brunswick county at Small Davis Canal off of AIWW
as requested in the permittee's application dated 10/3/86 including
attached plats, 2, dated 10/3/86.
'l hk peanit, issued oa is subject to compliance with the application (where consistent
with the permit), all.appHpbls 4pkt ons, Wecial conditions and notes set forth below. Any violation of these terms may subject
pennittee to`a fine, imprisonment or civil action; or may ca un the permit to be null and void.
M' In order to protect. juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Division of Coastal Management.
(2) No marsh grass will be excavated and/or filled.
(3) All excavated :matehals wi11 be 'confined:`above mean high water' and landward
of regularly or irregularly flooded :marsh behind adequate dikes or. 'other
retaining structures. to prevent`-spillover of solids-into any-marsh or surrounding
waters.
(4) The resulting spoil material placed along waterward portions of individual
lots located along canal 'shall be provided with ground cover sufficient to
restrain erosion within 30 days after completionof project.
(5) The .activity shall be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-related
discharge (increases of 25 NTUs or less are not considered significant).
NOTE: This project may create mosquito breeding problems. For information regarding
appropriate mosquito control measures, contact the Vector Control Branch (919) :133-6407.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. Aw'appeal requires resolution prior to. work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
. Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
7imm W V
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
DIVISION OF ENVIRONMENTAL MANAGEMENT
w WATER QUALITY SECTION
Comments.concVng an application,for State Federal CAMA Permit(s) from^
. < i k
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:'
V That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases.of 25 NTU's or less are not considered
significant).
That the inst-ream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity.after a reasonable opportunity for dilu-
tion and mixture.'
That turbidity levels. in shall not be increased
by more than 10 NTU's as a.result of the proposed activity after a reason-
:able opportunity for dilution and mix ture.
B.
ON STATUS:
=
ification is'not required,
for this project-.
>Certification` Is required for
this project.,Such action 'tta
procsss the Certification has
beep Initiated.,-Proposed .
Certification will be acted .on
or after
U proposed project is certified.
under General.Certification
A) No. 1179 issued on January,25,. D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 100 E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November-10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.. C
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
DATE: November 25, 1986 R E C; E I V L.
TO: Bill Mills rern
Operations Branch 0 4=4
???.... ;?fLITY
FROM: David. H. Cotton ? t;?`:iR?, ,T` ;,..IUCVS ER,;h
Wilmington Regional Office
MEMORANDUM
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Davis Canal Property Owners - Long Beach
Brunswick County
The applicant proposes to maintain an existing man-made canal. The
project proposes a dredge depth of 5 feet MLW. The dredging is in
the Little Davis Canal classified SA and closed to shellfishing.
This project has been reviewed to determine impacts to water quality.
The following comments is offered: that the project be done in such
a way as to not cause tubidity to increase more than 25 NTUs outside
the construction zone.
This office has no objection to the project as proposed.
DHC:kc
cc: DCM - Bob Stroud
WiRO
CF
b?
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Davis Canal Property Owners. (Gail Pfaff, Agent)
2. Location of project site West end of Oak'Island (Long Beach) Bru
Adjacent to E. Island Drive New Photo #11-116; Grids 0-P: 15 -18.
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 9115/86 9/23/86
(B) Was applicant present No Yes
5. Processing procedure: Application received 10/3/86 Office DCM-WilmingtoL
6. Site description: (A) Local Land Use Plan Long Beach
Land classification from LUPDevelo ed -
Development constraints identified in LUP one or projects of
ME nature.
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters X Other
(C) Water dependent: Yes X No Other
7.
8
(D) Intended use: Public X Private X Commercial
(E) Type of waste water treatment: Existing Septic Tank
Planned Septic Tanks
(F) Type of structures: Existing. Single Family Housing
Planned Additional Single Family Housing
(G) Estimated annual rate of erosion N/A Source N/A
Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
N/A
(B) Non-vegetated wetlands:
Open Water appx. 52,000 s.f.
(C) Other:
High Ground for Spoil appx. 78.000 s_f_
(D) Total area disturbed: appx. 52,000 s.f.appx. 78,000 s.f.
Project summary The applicants propose to maintain the existing man-made canal located
adjacent to their properties. A dragline will be used to excavate the material.
R. 1.
Davis Canal Property Owners
(Gail Pfaff, Agent)
Page 2
9. PROJECT DESCRIPTION:
The project is located on the eastern arm of an existing man-made canal system.
The site can be reached by traveling to the west end of Oak Island (Long Beach
section) on Oak Island Drive and then turning south on 28th Street to East Island
Drive. At present there are only a few residential structures in this subdivision.
This portion of the canal is approximately 1,300' in total length. The width of
the feature is approximately 65' from bank to bank. It appears that 10' - 15' of
this width is the result of bank erosion. Average depths at mean low water
(MLW) range from approximately -1/2' MLW to +MLW. There are some scattered
colonies of smooth cordgrass (Spartina alterniflora) marsh located along the canal
banks. The waters in this area are classified as SA closed and "Little" Davis
Canal is designated as a secondary nursery. The fairly recent placement of small
size culverts at the road crossing may have influenced the shoaling rate in the
canal.
The applicants propose to excavate by dragline approximately 7,600 cubic yards
of silt/ sand material. This material will be placed along the waterward portions of
the individual lots located along the canal. A low berm will be used to prevent
the reentry of material back into the canal. The dimensions of the maintained
canal will be approximately 1,280' long x 40' x -5' MLW.
The excavation will begin at the mouth of the system and continue upstream to
the road crossing.
10. ANTICIPATED IMPACTS:
There will be some short term turbidity and sedimentation problems associated
with the digging. Provided that this activity is timed so as to avoid periods of
peak biological activity no significant long term negative impacts are expected.
This project has received Corps of Engineers authorization on an individual
general permit basis. The total cubic yardage to be removed does not fit the
States general permit program, however.
SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM-Wilmington DATE: 10/6/86
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229,143-215.3(a)(1). 143-215.3(c). 113A-1 IS (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name
B. Addre!
Street, P. O. Box or Route
_0n2 05?_<4"J, _ .F\ c ;)-g L( 6
City or fJwn State Zip Code
Phone
11. Location of Proposed Project:
A. County R Z\x_nS V3,\ C:K
B. 1. City, town, community or landmarkmi? CDR ?' S cam- 't"?? r1 i S C o? c?<
2. Is proposed work within city limits? Yes No
C. Creek, river, sound or bay upon which project is located or nearest named body of ivater to project
111. Description of Project
A. 1. Maintenance of existing project ct 2. New work V_V?z_ •c c ME
B. Purpose of excavation or fill..
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other VIA-v'r ?* length/width "f depth w???Z;TAAI RMInNAI OFFI G
C. 1. Bulkhead lengt tea Average distance waterward of MHW (shoreline)
2. 'rype of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards `1 G O 0 2. T S ? L?
ype of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material -f\
IV. Land Type, Disposal Area, and Construction Equipment: `` //
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes V/ No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No *?
C. Disposal Area
1. Location Ot- t?
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in _ ` h Q
L. How will excavated material be entrapped and erosion controlled? EajzY?, ?Z r
I . I ype of equipment to be used (ARkk v.
G. Will marshland be crossed in transporting equipment to project site. If yes, explain
G_ ,
Intended Use of Project Area
A. 1. V\C1_V
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) O X o? 2?- a ?? e
2. Elevation of lo((s) above mean high water L"
3. Soil type and texture -c 57 1-1 A
4. Type of building facilities or structures n???.? S i n .,?1? F?,-r.-?• Lei ???
5. Sewage disposal and/or waste water treatment A. Existing '?aPlanned L "'«•t,)C--
B. Describe
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVA OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No
2. Type of discharge - 1-"4 -
3. Location of discharge `nom.
VII. Present rate of shoreline erosion (if known): n40-
V111. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work In project area, if applicable.,
IX. Length of time required to complete project Q. „ g? tiu S' -
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8'/z X 11 " white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d)) Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining
Such owners have 30 days in which to submit comments to agencies listed below. VWX
AryN?
pFF11lM1NG10N REGION
X1. Certification requirement: 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.
X11. Any permit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land, clearing.
is
DATE
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State of North Carolina ?'~--
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
October 6, 1986
Mr. John R. Pa Fe r;-3r., Chief
Major Pe s Processing Section
Oft-, of Coastal Ma agement
Raleigh, North Caro Ina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
Davis Canal Property Owners (Gail Pfaff, Agent)
Applicant's Name
West End of
_, ...
David W. Owens
Director
Oak Island - Long Beach Brunswick
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; X attached; will be forwarded later.
x
S'ncerely,
?.
Charles S. Jones, ief
00
Field Services Section
CSJ:ap:3566
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
OCT 9 1986
COASTAL RESOURCES Co r4
M;
An Equal Opportunity Affirmative Action Employer
r 15
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 27, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-010-0031
Davis Canal Property Owners
c/o Mr. Dale Pfaff
Post Office Box 1204
Long Beach,, North Carolina 28461
Dear Mr. Pfaff :
On February 6, 1986, we renewed 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 October 9, 1986, for a
Department of the Army permit to maintenaince dredge Davis Canal,
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. SAWC087-N-010-0031 and will be
coordinated by Mr. Ernest Jahnke. He is available to address
questions or comments you may have at telephone (919) 343-4467.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
t ?
-2-
Copies Furnished (without enclosure):
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
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
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
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365