Loading...
HomeMy WebLinkAbout19880021 Ver 1_COMPLETE FILE_19880101IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 5, 1988 SUBJECT: File No. SAWC089-N-010-0077 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 Dear Mr. Mills: RED EI V E D DEG "o uo WATER QUALITY SEC-,-V4 OPERATfQNS E ±r; f Enclosed is the application of Mr. Willis M. Burroughs, represented by Mr. R. E. Hales, Bill Benton Realty, for Department of the Army authorization and a State Water Quality Certification to construct and backfill a bulkhead on the Atlantic Intracoastal Waterway (AIWW), Ocean Haven Subdivision, near Seaside, Brunswick County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by February 5, 1989, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 251-4467. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -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. James Herstine Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 5 Please type or print. Carefully describe all an, - d. Describe the_Qlanned use of the project. ticipaild development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed br`?+-o- t= LAND"AND WATER all projects. .CHA ACNOV 2 j 198 TERISTICS 1 ?APPLICAN'I'?' , y y ' ; ;' -? ?-? - a. Name r? Address Cc N C-_ , 5 [6A7 G1 ,AC-_ A140, City .. A llh - State N, G Zip Day phone -, il` ,Z-- 74Y?1- Landowner or >'-' Authorized agent b. Project name (if any) C',?E_ c. If t e applicant is not the landowner, also give the owner's name and address. IA// / 1 / r AA. /? /-0 PiPAI G! G' 2 BRAN61ze of entire tract G -2 b. Size of individual lot(s)-? c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum /3 d. Soil type(s) and texture(s) of tract e. Vegetation on tract f ? 4&4 f. Man-made features now on tract g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) % Conservation Transitional Developed _ Community Rural Other h. is the tract zoned by local govemment? :.:... ;. _ ;- -•::::. :;.. ti.:?l'.9: "% r" e r --- oU H 1981, i. Y-low are adjacent waters classified? Z ..- h/ a. Street address or secondary road number ' ofessional archaeological survey been ?i Al t p i b. o It? Z jrt ©1? OFFICE OF COASTAL by out wh for om? the tract? City, town, community, or landmark WILMINGMN Rf_GIONAI.If so - s ? 0?? S , c. d. County A F, aN,("(//l' , Is proposed work within city limits or planning 5 'UPLAND `DEVELOPMENT jurisdiction? e. Name of body of water nearest project . Complete this section if the project includes any Z?a e?a,f 7 ?' NA ?- upland development. a. Type and number of buildings, facilities, or 3 :DESCRIPTION ANDPLANNED structures proposed USE OF 'PROPOSED PROJECT?,F b. Number of lots or parcels a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) bulkhead, or pier). LLIZi(?i? b W/?q W/ A/ C- d. Size-of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land; the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? sedimentation and erosion control plan been N?--IN WrE submitted to the Division of Land Resources? c. Will the project be for community, private, or commercial use? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. "t v -/ List the materials, such as marl, paver stone, as4.alt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. k Have these facilities received state or approval? Describe existing treatment facilities. Describe location and type of disRcharges -to waters of the state (for example?, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 "EXCAVATION-J INFORMATION '{=y a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier,. boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas local b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marsh- land, swamps, or other wetlands? e. High ground excavation, in cubic yards f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? ? If so, where? j. Does the disposal area include any marshland, swamplland,'or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? P. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equip- ment to the project site? If yes, explain the steps that will be taken to lessen en- vironmental impacts. r7 7'?'SHORELINE ?STABILIZA.TION' a. Length of bulkhead or riprap~? b. Average distance waterward of mean high water or normal water level -S-'7 c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material I/UC%n? e. Amount of fill, in cubic yards, to be placed below mean high water GlAA2 VVN f. Type of fill material ?. < S ary /? DDTxONA.L INFORMtION`i ?.>n. In ADP k.. In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said_ property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7].0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. AAON,6 A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). SION,?T `',•"c N?'ER ON LAND ??' Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. county road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North A stormwater management plan, if applicable, that Carolina's approved Coastal Management Program may have been developed in consultation with . be conducted in a manner consistent with Division of Environmental Management. U. ram. A list of the names and complete addresses o I144r..ther certify that I am authorized to grant, and adjacent waterfront (riparian) landowners. These do in fact, grant permission to representatives of individuals have 30 days in which to submit com- rbgF p` C0?' l?A 1?a=fetal review agencies to enter on the ments on the proposed project ,to the DivisidiC Q?ei?.Mfioned lands in connection with Coastal Management. The applicant must a adviste evaluating information related to this permit ap- the adjacent landowners of this opportunity by sen- plication and follow-up monitoring of project. ding a copy of the permit application to them by ?- registered or certified mail. This notification is re- This . is the day of_G' l? quired by G.S. 113-229(d). 19?-. Name X ?. Address Landowner or Authorized a e t ?N , C c Name Send the completed application materials to the Address Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the Name map on the inside front cover for the appropriate Address DCM office and addresses and phone number. 4 ,Lac?traN M / P /4- j eAN/; 677 jN /Y6'13/-/--S ,C->C1177NG /-XIsT?NG n M1 41?i?, w ?. T Liv? ycS ° ?? ?T? ??? 1=XlsTiNG 14-p? V// -` - ?t? e_s S? t S9? O N pia Spnit? /?1U l? S??t Ll i M--e ARCO -r> I? 2.2-10; - 1 I AI /,, I '71i 11?? J? f? J. V µ .. r /i 4 SV- 1 ~ _ .rte i xv? 1. 61 ..% r • . •,.,. • . _ .. - r w• y i OVA n THE UNDERSIGNED HER19Y ACKNOWLEDGES THAT THE LAND SHOWN ON THIS PLAT IS WITHI,. THE SUBDIVISION REGULATION A._O JURISDICTION OF BRUNSWICK COUNTY AND THAT THIS. PLAT ALLOTMENT IS MY FREE ACT AND DEED, LOCATION MAP ' N.C. )79 NC. 90 EASIDE INTRACOASTAL WATER ti S I JAMES M. C 1 PERRITT ? D: u? N 891- 55 E. LIP OCV. U5 .1 00 m. :....SEE 0 n ..SA,E? r t ,o I a N e a W" it ,S SIRE D.. - 06 4 x,...33 AC, ul'y?'' "?° {W}N 'rij'?N c CK BL ?•. 01of S 1 N . , 5 Rou ?a P ~ 1 dc; l`. i Fll?i' ? ? N ? 73.32' nsS ?.9.O,SJ S89 .56. 30 W II 4. L MARSH ,1: ._.?•---"'•'" WATER 29?'1 py MARX OF INTRACOASTA LTE :. . WATERWAY AS 0f THIS .;,• .:;'.? ?. , IN1RAt ERWAYL ..... -,ma'`'r, ..e.'.: .. W :.. LEGEND LAND SURVEYED FOR : MRS. LUCILLE RUSS EIP EXISTING. IRON P1 NIP'. 'NEW IRON PIPE CONCRETE MONU, G CEO SHALLOTTE TOWNSHIP SCALE 1 +60 NORTH CAROLINA, BRUNSWICK COUNTY, I BOBBY M, LONG CERTIFY THAT".THis MAP WAS DRAWN BY ME FROM AN ACTUAL SURVEY MADE-BY, ME I -DEED' DESCRIPTION RECORDED IN BOOK 94 PAGE q66 1 THAT -THE ERROR OF.CLOSURE AS CALCULATED BY LATITUDES AND DEPARTURES' IS 1:5000'47' THAT THIS MAP WAS PREF-Y+RED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED'.... WITNESS MY HAND AND SEAL THIS 7th DAY OF SEPT. , 1983, ?.P rOSeo",,' 17 i5.?.. R,L.s. . ... „luuluu„ , Re NO 1261 0001 •w , t.0'i , I;'i S LLOTTE , N. r yno '8PC CAR(IL fNA? mill 08 5+V1Cx COUNT.f, rT . :a Mw rc. , ;1' pr6AH OSpdRNE,, A NOTARY PUBLIC FOR SAID COUNTY AND STATE DO ?NERESY PY -/'HAT B OBB.Yi:A,%,J:O? ,PERSONALLY APPEARED BEFORE ME THIS DAY. WITNESS MY HA'. OFfI C'rghS £AC ?J?fS Ire DAY OF SEPT. , 1983. •':2? '•.?2131?•(''` N MY COMMISSION EXPIRES JULY 13, 1965 •,. 115 . NII NO FLOOD INFORMATION AVAILABLE 4 ; IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 5, 1988 SUBJECT: File No. SAWC089-N-010-0077 Mr. Willis M. Burroughs c/o Mr. R. E. Hales Bill Benton Realty Seaside, North Carolina 28459 Dear Mr. Burroughs: R EC F ^ 1 2 1988 c.I _rTio;, On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 23, 1988, for Department of the Army authorization to construct and backfill a bulkhead on the Atlantic Intracoastal Waterway (AIWW), Ocean Haven Subdivision, near Seaside, 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 informed regarding its further management. If there are no unresolved differences in State- Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWCO89-N-010-0077 and will be coordinated by Mr. Ernest Jahnke. He is available at telephone (919) 251-4467. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure M -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 J Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Robert F. McGhee, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. James Herstine 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 December 23, 1988 SUBJECT: File No. SAWC089-N-010-0077 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 a rr-C 2 6 ;?jvO fttK QUALITY SECHON OPERATIONS !? ? n ntr?l; Reference the application of Mr. Willis M. Burroughs, represented by Mr. R. E. Hales, Bill Benton Realty, for a Department of the Army permit to construct and backfill a bulkhead on the Atlantic Intracoastal Waterway (AIWW), Ocean Haven Subdivision, near Seaside, 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. The bulkhead will be positioned on an alignment between the corners of existing bulkhead on adjacent properties. b. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. c. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. d. 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 -2- that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 251-4467. Copies Furnished: Sincerely, Charles W. Hollis Chief, Regulatory Branch 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 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Robert F. McGhee, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. James Herstine Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 ?.t STVt Q, State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director January 3, 1989 Mr. Willis M. Burroughs c/o R.E. Hales,. Agent One Seaside, Drive Seaside, NC 28459 Dear Mr. Burroughs: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Bulkhead Willis M. Burroughs Ocean Haven Subdivision Atlantic Intracoastal Waterway Brunswick County Attached hereto are two (2) copies of Certification No. 2307 issued to Willis M. Burroughs dated January 3, 1989. If we can be of further assistance, do not hesitate to contact us. Sincerely, R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office j4r. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Brunswick County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Willis M. Burroughs pursuant to an application filed on the 21st day of November, 1988 to construct a bulkhead with associated backfill. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Atlantic Intracoastal Waterway in conjunction with the proposed bulkhead in Brunswick County will not result in a.violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306,'307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That the fill material be from a clean, upland source and free of any toxic materials. 3. That erosion control measures be in place prior to filling. 4. That the approach embankment be stabilized with vegetation soon after completion. 5. That the total area filled below MHW be less than one-half acre. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 3rd day of January, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT f_ R. Paul Wilms, Director WQC# 2307 ?"? Dear Mr. Burroughs: State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director January 3, 1989 Mr. Willis M. Burroughs c/o R.E. Hales, Agent One Seaside Drive Seaside, NC 28459 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Bulkhead Willis M. Burroughs Ocean Haven Subdivision Atlantic Intracoastal Waterway Brunswick County Attached hereto are two (2) copies of Certification No. 2307 issued to Willis M. Burroughs dated January 3, 1989. If we can be of further assistance, do not hesitate to contact us. Sincerely, R. Paul Wilms rps of Engineers ice Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 cc: Wilmington District Co Wilmington Regional Off Mr. William Mills Mr. David Owens An Equal Opportunity Affirmative Action Employer NORTH CAROL INA Brunswick County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Willis M. Burroughs pursuant to an application filed on the 21st day of November, 1988 to construct a bulkhead with associated backfill. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Atlantic Intracoastal Waterway in conjunction with the proposed bulkhead in Brunswick County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That the fill material be from a clean, upland source and free of any toxic materials. 3. That erosion control measures be in place prior to filling. 4. That the approach embankment be stabilized with vegetation soon after completion. 5. That the total area filled below MHW be less than one-half acre. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 3rd day of January, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT ,/'_R. Paul Wilms, Director WQC?f? 2307 ?"? t 1 1 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT. AND WATER QUALITY CERTIFICATION The Department of Natural Resources and Community Development hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Mr. Willis M. Burroughs of Ocean Haven Subdivision Brunswick County filed an application on November 2, 1988 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application Mr. Burroughs, located off SR 1183 in Brunswick County, proposes to construct a bulkhead (approximately 75') on his property, tying in to adjacent existing bulkheads on both sides. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management and/or the Division of Environmental Management, Regional Office 7225 Wrightsville Avenue, Wilmington, North Carolina 28403. may e submitted and subsequent hearings that may arise. The issuance of the CAMA Major Development Permit and the Section 401 Certification d viate from this projected date depending upon the nature of the comments The Division of Environmental Management proposes to water quality certification on or before December 28, 1988 All persons desiring to make comments should do so in writing to Mr. David Owens, Director, Division of Coastal Mana ement, P.O. Box 27687, Raleigh, North Carolina 27611 prior to December 23, 1998 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to December 23, 1988 for consideration in the water quality certification decision. Later comments on the CAMA. application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. take final action on this Publish on December 8, 1988 DIVISION OF ENVIRONMENTQL'MANAGEMENT WATER QUALITY SECTION Comments cAncernYng application for State Federal CAMA t(s) from A. PERMIT: This office cannot comment on this project until after the close of the Section O1 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: 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 instream turbidity not be increased by mor.,e 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 mixture. B. CERTIFICATION STATUS: Certification is not required. for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification ill b acted on. or after U? rrcr/cam'!"` The proposed project is certified under General Certification A) No. 1179 issued on January 255 D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, 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.. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE: November 29, 1988 TO: Bill Mills Operations Branch FROM: James H. Gregson? Wilmington Re Tonal Office THROUGH: Donald Safri Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Willis M. Burroughs Brunswick County PROJECT DESCRIPTION: The applicant proposes to construct a 75' bulkhead with approximately 400 cubic yards of backfill. ADJACENT WATER BODY: AIWW CLASSIFICATION: SA STATUS: OPEN The project has be reviewed to determine impacts to water quality. The following comments are provided. The project will require a 401 certification and that certification should include the following conditions for the construction of the bulkhead. a. that the fill be from a clean upland source, free from any toxic material. b. that erosion control measures be in place prior to filling. C. that the approach embankment be stabilized with vegetation soon after completion. d. that the total area below MHW that is filled be less than one-half one acre. This office has no objection to the project as proposed provided the above conditions are met. DS:JHG:sfc cc: E. F. Brooks, DCM WiRO, CF DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Burroughs,.Willis M. - Agent R. E. Hales 2. Location of project site Off SR 1183, adjacent to AIWW in Ocean Haven Subdivision, Brunswick County, New Photo 7-58, S-11 3. Investigation type: Dredge & Fill X CAMA x 4. Investigative procedure: (A) Dates of site visit 11-9-88 (B) Was applicant present yes 5. Processing procedure: Application received 11-2-88 Office Wilmington 6. Site description: (A) Local Land Use Plan Brunswick County Land Classification from LUP Developed - Mixed use Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline X Coastal Wetlands x Public Trust Waters X Estuarine Waters x Other (C) Water dependent: Yes X No (D) Intended use: Public Private (E) Type of waste water treatment: Existing None .Planned (F) Type of structures: Existing None Planned (G) Estimated annual rate of erosion N/A Source 7. Habitat description: (A) Vegetated wetlands.: Spartina patens Juncus roemerianus Iva frutescens Other X Commercial AREA Dredged (B) Non-vegetated wetlands: Mud/sand - Tidal - Shoreline (C) Other: (D) Total Area Disturbed: Filled Other 1995 sf 80 sf 140 sf 981 sf 3196 sf 8. Project Summary The applicant proposes to construct a bulkhead (approximately 75') on his property, tying in to adjacent existine bulkheads on both sides- Willis M. Burroughs Page 2 9. PROJECT DESCRIPTION The project is located adjacent to th AIWW, in Ocean Haven Subdivision, Seaside Community, Brunswick County. This vacant lot (Lot 3, Block 1) is the third lot (128' to 203.5') west from the end of SR # 1183. The property dimensions are 75.5' x 74' x 67' x 891. The waterward side of the property is approximately 75 feet wide along a 12 to 15 inch erosion escarpment. The escarpment is located approximately 13 feet landward of the proposed bulkhead alignment. Although some rhizome and root growth were noted along the mud/sand shoreline, the area does not support coastal marsh vegetation. This is probably due to localized wave action from heavy boat traffic. From the erosion escarpment, extending landward approximately 30 feet, lies a low (approximately 1-1.5 ft. elevation above MHW), nearly level zone of active saltmeadow wetlands. This area supports a continuous stand of lush Spartina patens, a small area of Juncus roemerianus (approximately 80 sf), and occasional stems of Limonium ssp. Completing the flora population of this area are several "404"-type species. The two most prominent are single individuals of Borrichia frutescens scattered in the western third of this area, and a small stand of Iva frutescens (approximately 140 s.f.). The irregular flooding and active status of the area is evidenced by scattered fiddler crab holes and the presence of rack deposition. From the landward edge of the saltmeadow plateau, a marked increase in slope continues through the remainder of the lot to the 13 feet elevation listed on the application. This highground area is wooded with live oak and pine. The AIWW is approximately 550-600 feet wide at this location and classified SA by the Division of Environmental Management. The waters are open to shell fishing, and designated as primary nursery area by the Division of Marine Fisheries. The applicant is proposing to construct a bulkhead across the waterward edge of the property. The structure would be approximately 75' long and would be aligned from the ends of the existing bulkheads to either side of the project site. Approximately 400 cubic yards of highground material would be placed landward of the bulkhead. 10. ANTICIPATED IMPACTS The 75' bulkhead would incorporate approximately 981 square feet of inter-tidal area and 2215 square feet of coastal wetlands, predominately Spartina patens marsh. The entire marsh area is irregularly flooded and includes 80 square feet of Juncus roemerianus, 140 square feet of Iva frutescens, and scattered individual plants of Limonium spp. and Borrichia frutescens. A total area of 3196 square feet of estuarine shoreline, coastal wetlands, public trust and estuarine waters would be incorporated and backfilled as a result of the proposed development. Submitted by: E. F. Brooks, Jr. Office: Wilmington Date: November 17, 1988 Please type or print. Carefully describe all an, development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. 1 AP:PLICANTYk ?S a. Name ei C-1 Address LDN_1-- A0, State N, G . City Zip ?? 9 I Day phone 6-7 2 21 Landowner or x Authorized agent b. Project name (if any) C'? c. If t e applicant is not the landowner, also give the owner's name and address. W11L l r- A4, J Zil,91FIDu 6fl r 2 a. b. C. d. e. d. Describe the planned use of the project. 4,&_1r/-b ?%V T1, a.1- ZZz ?,-,I 4 LANDS"'AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract spiv-6 ?Z e. Vegetation on tract /22-4,& r ? 4 & 4 f. Man-made features now on tract AON.61 g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) , Conservation Transitional Developed Community rI Rural Other h. is the tract zoned by local government? 2kv 198 i. now are adjacent waters classified? ..rte w Street address or secondary road number ofessional archaeological survey been /U C ;S ©A1} ZZX? OFFICE OF COASTAL jMAf P=f ps City, town, community, or landmark WILMUNGTON REGIONAII s out for the tract? ?'o ?'? so, by whom? S;FA?CZ IE-, A/ 0, 1-7- S 9 County aAL) (lll ; Is proposed work within city limits or planning S". UPLAND DEVELOPMENT jurisdiction? &a Name of body of water nearest project Complete this section if the project includes any upland development. '3 :;DESCRIPTION ADJD rPLANNED z USE OF'PROPOSED?;PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead or pier).. If you plan to build a marina, also complete and attach Form DCM-MP-2. Is the proposed activity maintenance of an ex- isting project, new work, or both? MEW VVO9& Will the project be for community, private, or commercial use? Pl'? Gi9-? a.. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land; the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan "been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. g. List the materials, such as marl, paver stone, - b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards surfaces. c. Type of material' d. Does the area to be excavated include marsh- h. If applicable, has a stormwater management land, swamps, or other wetlands? plan been submitted to the Division of En- e. High ground excavation, in cubic yards vironmental Management? f. Dimensions of spoil disposal area i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. h. Do you claim title to the disposal area? j. Have these facilities received state or local If not, attach a letter granting permission from approval? the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, 1. Describe location and type of discharges -to swamplland,'or water areas? waters of the state (for example?surface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial high water? effluent, or "wash down"). 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material m. Water supply source o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? describe the steps that will be taken to main- p. Dimensions of the wetland to be filled tain established public beach accessways or pro- q. How will excavated or fill material be kept on vide new access. site and erosion controlled? o. If the project is on the oceanfront, what will r. What type of construction equipment will be " be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? hydraulic dredge)? . .. .. ... ':. ._ 6 '.C'?S L i'Ct 6 EXCAVATIOI?7, f }fIL ?¢?., F INFORMATION'. s. Will wetlands be crossed in transporting equip- ment to the project site? If yes explain the steps that will be taken to lessen en- a. Describe below the purpose of proposed excava- vironmental impacts. tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW 7 ?ST ,RELINE STABILIZATION a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level -S-7 c. Shoreline erosion durin ,preceding 12 months, in feet d. , Type of bulkhead material I/t/li e. Amount of fill, in cubic yards, to be placed below mean high water ,VV/V f. Type of fill material L 0- 0 Upland fill areas 2 i ? r• Ss s J. `% r S THE UNDERSIGNED HERV9Y ACKNOWLEDGES THAT THE LAND SHOWN ON THIS PLAT IS WITHII. THE SUBDIVISION REGULATION A..O JURISDICTION OF BRUNSWICK COUNTY AND THAT THIS, PLAT .ALLOTMENT IS MY FREE ACT AND DEED, O OWNER'S SIGNATURE NO FLOOD INFORMATION AVAILABLE h Q?1 Q Q JAMES M. PERR ITr T l fIF LOCATION MAP I :• 1162 • , 1183 _ SEASI OE INTRACOASTAL WATER Y ?.: ., N N 89_0.55?E?? 75.01_. Vp Z . r •:4' :;, . .+ LOCK 5U80' ?Z o ? ??' 1.Ot S A OpK ? p? • ? '?? • t ? ? •w ?°f ? • Z fo.o ... .SEA o' N . +......w.c.: •.+wadtiir+'rrKYt'.11A'!P'!C?{1??R?'4LTL{. 'd:.3iF-;tw.+?. N r. r1fts "' 33 AC. OFFI'.F.IDF C0,4.ST4. t,lr* ku 'i1,^T( ? nrFyE ., hFCAL n ^A-1 w `0t38L I D. ~ N r ? ??? ,? , ,,,•;?'M?{1?M??f.. .ill'.. }Mi.w?T. ? ! ?,1..I,.,?.1 t'I{!'•rFrr"'.??A?'-??.. IA .: 75.32 nS? 1' -"ATtR ?FrEGENA ?r I,•?`? ariNG.: IRON P) Q?-?,•?Y IRON PIPE •R$TE IwONUI r: ?t ! J L? cA7-1e) N /"I Rl?, //23 ? mx 5'c V/ /Y X/STING Al i /-/ (,/)N% P)l--l 11W i ' ..rn• a ?. l,? cR[75?oN `? O ? ?. O?q icM nn Ar- S. - 22-1 U 8 ' ADDITIONAL INFOR''?ON? ..:'Y'^i?:.. In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NeN,,!?-- A check for $100 made payable to the Depart- ment of Natural Resources and Community Development' to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CE1?`TION; AND :`FERMIS SION °TOI?TER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. county. road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North A stormwater management plan, if applicable, that Carolina's approved Coastal Management Program may have been developed in consultation with . be conducted in a manner consistent with Division of Environmental Management.) l ram. A list of the names and complete addresses o II,cf?rther certify that I am authorized to grant, and adjacent waterfront (riparian) landowners. These do in fact, grant permission to representatives of individuals have 30 days in which to submit com- ments on the proposed project,to the DivisicCifW OF , ??`"`'''- Efdderal review agencies to enter on the ?i?ioned lands in connection with ?e?n Coastal Management. The applicant must advist?i1 i;''h:6ihsd . evaluating information related to this permit ap- the adjacent landowners of this opportunity by sen- plication and follow-up monitoring of project. ding a copy of the permit application to them by registered or certified mail. This notification is re- of?V??I? This is the `=? da quired by G.S. 113-229(d). y 19?. Name 4L/Z/ Y :!J: Ale? L.E.S Address i Name Address Name Address X J. Landowner or Authorized a e t Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 7311 'A- A4 vIN ju 6131- 1 _s p4w 7131 15-/ X l S7"iN / X1,W11V v nv,?e MA - y y n r ?? ?j=F LF or?p.! F; l t