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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 t c V C\?? ? Applica Sign &F•82 S}? ? S? ?• 1 a j?lyf; I 1 ? I? • • ti ? `''? '? LON4 'sEACN BIER .=, K LYNI , sir ^'tyi..+ ?" . °: v,t+?: • o , Coy 4,M,4 x+. '?' •,q•-s i;•»,.???y' ?C?y?j,r? Vii: fi4? .?e?`•. ?Nr+, } `'.x • N fta?';`, L -ToP o F bah T lit 1II l? ?. -- . ? <h? ? nip ?.. d 01 U. 3 m 10 a 0, 1 ' 193 m co 153'm 10) Ion 17 m ' 0 100 N 1cD 204 , gggt ? AN....,. INS m '? 180'm ??A 16 5 m R2 m I? 0 N N N 150 ?-r•-1 C r-- I m ?. -? N 197in N - I 150 ?• '? _ h ,I?7m m ?m Iwo 5m 5? N I 5 a, m rr? = 15 s _ )m ?"• 2 'm W U) 15, m ? ? I m 0 55 v ??Iw g N ?N Zv 155 .? w N _ <? 73m 4 O I I84 - IN ?? ro `237m Pm _ t.a \ Ore Now, „a QNt o ?r 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