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HomeMy WebLinkAbout19880132 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 May 25, 1988 SUBJECT: File No. SAWCO88-N-065-0295 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: Reference the application of Landmark Organization, Incorporated, for a Department of the Army permit to construct a communit}, pier and gazebo on Bradley Creek near Wilmington, New Hanover 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 permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if the permitted structure is abandoned without having it transfered to a third parity. b. The authorized structure and associated activity will not cause an unacceptable interference with navigation. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch -2- 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 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 Y DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comm7,W concerning an application Jor State CAMA I Permit(s) fer?om 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: 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 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 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 will be acted on or after . The 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 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 UALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT i ? ;$; DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE: MI a, ?9rY R E C ?9-7 E V E 0, TO: Bill Mills mv, 10 110),88 Operations Branch WATER QUALITY SECTION FROM: James H. Gregson.S OPERATIONS g'?ANICl] Wilmington Regional Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill L 4?*e?T,?-mac ?./?g4?rvyt?`rv? N4v Project Description: 7Xx a u?ct a a ?o y Adjacent Water Body: (?qk Classification: Se Status : &05ed The project has been reviewed to determine impacts to water quality. The appropriate comments below have been checked: (X) The project will/ ill no require a 401 Water Quality Certification. ( ) The project complies with the General 401 Water Quality Certification # for ()4 The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction area to exceed 025- NTU. This office has no objection to the project as proposed. JHG:kc cc : DCM- Rob ae S7*e4,11 CF, WiRO OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Landmark Organization, Inc. 2. Location of project site Northern branch of Bradley Creek off Wrightsville Avenue in New Hanover County - No photo coverage 3. Investigation type: Dredge & Fill CAHA X 4. Investigative procedure: (A) Dates of site visit 4-7-88 (B) Was applicant present agent 5. Processing procedure: Application received 4/12/88 Office WiRO 6. Site description: (A) Local Land Use Plan Wilmington/New Hanover Land Classification from LUP Transitional/ Conservation Development constraints identified in LUP Good portion in 100 year flood plain. Must be determined that this is an exceptionally designed project before approval. Conservation overlay district requiremnts are in effect. (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline X Coastal Wetlands X Public Trust Waters Estuarine Waters x Other (C) Water dependent: Yes No Other Both +(D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing Public Sewer Planned (F) Type of structures: Existing None Planned Subdivision, clubhouse, pier, gazebo (G) Estimated annual rate of erosion none Source 7. Habitat description: AREA Dredged Filled Other (A) Vegetated wetlands: Spartina alterniflora Juncus romerianus Appx. 1084 sf shaded (B) Non-vegetated wetlands: Mud flat Appx. 500 sf shaded (C) Other: Open water Appx. 200 sf shaded (D) Total Area Disturbed: Appx. 1784 sf. 8. Project Summary The applicants wish to construct a 264' long by 6' wide walkway across coastal wetlands ending in a 200 s f gazebo over open water to serve residents of a private subdivision. There is also proposed gazebo at the landward end of the structure. Landmark Organization, Inc. Page 2 9. PROJECT DESCRIPTION The proposed development lies adjacent to Bradley Creek off of Wrightsville Avenue in New Hanover County. Total size of the property is 30.89 acres, averaging 16 feet in elevation, with "404" wetlands transitioning into coastal wetlands and Bradley Creek. The upland tract is vegetated with mixed pines and hardwoods. The initial development on this tract of land is located landward of CAMA jurisdiction. A stormwater density plan has been approved for this development by the Division of Environmental Management. The subdivision falls under the conservation overlay district (COD) requirements of New Hanover County. Bradley Creek in this area is a designated primary nursery area, the waters are classified SC and are closed to shellfishing. The depth of the water is approximately -3.5' at mean low water at the waterward end of the project. There is a border of predominately smooth cordgrass marsh approximately 200' wide in the project area. The boarder ranges up to several hundred feet wide along the creek. Landward of this marsh is the project area, there is "404" wetland gully. The applicant proposes to construct a walkway approximately 264' long and 6' wide across coastal wetlands, accessing a gazebo approximately 200 s.f.; located over open water. The walkway would extend landward over "404" wetland to high ground. It begins at the clubhouse area. Another 200 s.f. gazebo is shown over the "404" wetland area. Because of the meandering nature of Bradley Creek in the project area the applicants have preestablished riparian access corridors for each water front lot. This corridor will provide for simple pier access for the individual lot owners if they so desire. Although the prescribed corridors do not follow the usual rules for riparian access as far as being drawn perpendicular back from the edge of the navigable or deep water, they are or will be described in the individual deeds. 10. ANTICIPATED IMPACTS If constructed as proposed no significant impacts are anticipated. The project in consistent with the LUP according to the New Hanover planning staff Interpretation. The access corridors are acceptable. Submitted by: C. Robert Stroud, Jr. Date: April 26, 1988 Office: Wilmington Y Please type or print. Carefully describe all an- d. Describe the planned use of the project. including construc- ated development activities tici Crabbinp-and transient Dock with , p tion, excavation, filling, paving, land clearing, and 200 Sq. Ft . Gazebo storrnwater control. If the requested information is not relevant to your project, write N/A (riot ap- plicable). Items 1-4 and 8-9 must be completed for LAND AND WATER all projects. CHARACTERISTICS ' 1 APPLICANT a. Size of entire tract f 38 acres a. Name Landmark Organization, Inc. b. Size of individual lot(s) Avg 20 , 000 Sq_ Ft . l c. Elevation of tract above mean sea I or a Address 4000 Oleander Drive r r tional Geodetic Vertical Datum Wilmington State NC City texture(s) of tract C raven d. Soil t (s Zip 28403 Day phone 392-7201 Sanx Clay Loam lay X Landowner or Authorized agent l W d P _ e. Vegetation on tra?t He5v Woo?- ars ey oo s b. Project name (if any) with Pine an ar woo s Community Dock f. Man-made features now on tract N/A C. If the applicant is not the landowner, also give the owner's name and address. gWhat is the CAMA Land Use Plan Classifica- N/A tion of the site? (Consult the local land use plan.) Gmservation X Transitional Developed Community 2 LOCATION. OF PROPOSED Rural Other PROJECT :. h. How is the tract zoned by local government? R-15 i. How are adjacent waters classified? S . C . a. Street address or secondary road number j. Has a professional archaeolo ical survey been Wrightsville Avenue carried out for the tract? NIA b. City, town, community, or landmark if so, by whom? N/A Bradley Creek C. County New Hanover Is proposed work within city limits or planning d 5 UPLAND DEVELOPMENT . jurisdiction) N.H. Co. Planning ept . e. Name of body of water nearest project Complete this section if the project includes any Northern Branch of Bradley Creek upland development. a. Type and number of buildings, facilities, or ?:3,1.DESCRIMON AND PLANNED, structures proposed N/A USE OF4PROPOSED PROJECT b. Number of lots or parcels N/A a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, tuarina, and the units per acre.) N/A bulkhead, or pier). 264' x 6' Fixed Community Pier d. Size of area to be graded or disturbed with 200 Sq. Ft. Gazebo N/A 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 cofiplete Resources mast receive an erosion and sedimen- and attach Form DCM-Ml'-Z. ?tton control plan at least 30 days before land b. Is the proposed activity maintenance o4*04!4;'" 'AV' turbing activity begins. If applicable, has a 1 isting project, new work, or both? ?-2' 73?1129&diinentation and erosion control plan been New Work j? : 'tuhmitted to the Division of Land Resources? c. Will the project be for community, private`, or N?(A-Pier(1'revious Approval f.or Sub- commercial usel mm. the percentage of the tract within 75 fee€Iivi- Community Dock i,; .., . ?.. 41mean high water to be covered by im- s ion ) ?ItLT?1.-. V permeable surfaces, such as pavement, buildings, or rooftops. N/ A 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. N/A -- c. Type of iaterial--.-----_----_-_.--- d. I)oes the area to be excavated include rnarsh- h. If applicable, has a stormwater management land, swamps, or other wetlands? plan been submitted to the Division of En- e. lligh ground excavation, in cubic yards vironmental Management? Previous Approved f. Dimensions of spoil disposal area . _- i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities.Public Sewer 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? Yes the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future Public Sewer Availability maintenar?ce?/ If so, where? j. Does the disposal area include any [marshland, 1. Describe location and type of discharges to swampll:md,'or water areas? waters of the state (for exampler surface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial high water? effluent, or "wash down"). NSA 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material m. Water supply source Community 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. I low will excavated or fill material be kept on vide new access. N/A site and erosion controlledl 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/ N/A hydraulic dredge)? ,:; 6 - EXCAVATION AN ,,PLL; { s. Will wetlands be crossed in transporting equip- ' ?' INFORMATION 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 De t - . Access channel NWL MLW ) or ( ) ( 7 SHORELINE STABILIZATION Boat basin w,ft'Aength of bulkhead or riprap N / A Other (break- tr CCU " N...? it Average distance waterward of mean high water or normal water level water, pier, c. Shoreline erosion during preceding 12 months, boat ramp, in rock jetty) feet .- d. Type of bulkhead material Fill placed in e. Amount of fill, ill cubic yards, to be placed wetland or below below [Wean high water MHW f. Type of fill material Upland 15111 ? 1. ?8' ADDITIONAL INFORMATION In addition to the comi)Ietcd :1ndication forth, the following items must be submitted: Ene . 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. A list of previous state or federal permits issued for work on the project tract. Include permit niinii1crs, 1wr?nittce, and issuing; date-. Storm Water Plan Ene . A check for $100 made payahle to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. N/A A signed AEC hazard notice for projects in ocean- front and inlet areas. 3ne. An accurate work plat (including plan view and N/A A statement on the use of public funds. If the cross sectional drawings) drawn to scale in black project involves the expenditure of public funds, st- ink on 8 l2 x 11 white paper. (Refer to Coastal tach a statement documenting compliance with the Resources Commission Rule 7).0203 for a detailed North Carolina Environmental Policy Act description.) (N.C.G.S. 113A-1 to 10). 'ne . 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 county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. Approval Enclosed A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). orthNameF•dwin L_ Rurnett- AddressSuite 115 Fast 5051 New Centre Driv /Wi lmggton, NC outhNameRarbara B. Paralev _ Address 6270 Wri ght&yi 1 1 e v niLP Name Address c?; .- ?1F l;i,tirn,l. ;vtr,t?i;GfMENI 4`iktiv^!i'J'?TUiJ h::GtOiJ?! G?rICE i 9 CERTIFICATION AND PERMIS SION TO ENTER 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. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 1 further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the 15thday of march (Re.uiseci 19 88 X Landowner or Authorized agent Robert L. Moul 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 DC:M office and addresses and phone number. Timber & Land 'Afanagement Consultants, Inc. 1'. U. Box 1.471 % 1Vilinineton. NC: 23102-1,171 VTCTNTTY MAP (Not to scale) •? 10 cC?cf ? Cl , O•M ? -• / 1, . .. Q:j _ . » Olt . i- ' •?? ar SIT E ~ N Q Y AEMf ?Y4N MIq/?SML ? [ np , I b( % 71- rs ? u COWNIOW OD apt- t dT+O CII y?` p n yftw m t Afta /(\7 / r MQe0R0 TWNP, TIMBER & LAND MANAGEMEN?ONSULTANT?• lJ . Mme ? ' 7c35 ' Jj- GUA,. !cL MANAGEMEN1 M : -T'OPVIEW OF PARSLEY WOODS COMMUNITY DOCK PATH T - CLUBHO SE LOT# 19 / LOT# 18 2 4'X6' ELEVA FIXED PIER MARSH MARSH ao e1_ 'V `200&f. GAZEBO - MLW FLOOD BRANCH OF NORTHERN dV.?f`-? 45 BRADLEY CREEK mcw LE` THAN 1/3 -DISTANCE APP a 2 1988 MARSH ?`?4ltV'0F_COASTA:L MAUGEMEN7 WIWINGTOiV REGIOR'AL OFrIrE TIMBER & LAND MANAGEMENT CONSULTANTS, INC. SCALE: 1"=50' R, L. M MARCH 1988 r w ti ALL SEAWOOD 2"X 10" STRINGERS TYPICAL SECTIONALS FIXED PIER U IN WIDTH I 2"X6" DECKING -9? ' by DECK LIGHTS 2"X 12" COLLARS MH W ? w GAZE I 3.5' 1 ?i y A IVILW i OPEN i J MLW NOT TO SCALE 200s.f APR i c) %8' FFICE OF COASTAL q?dA:GEi?rENl Wil-MiPtGTM REGIO AL OFFICE MHW TIMBER & LAND MANAGEMENT CONSULTANTS, INC. MARCH 1988 ( 1 'A . e? °Tl 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 25, 1988 SUBJECT: File No. SAWC088-N-065-0295 Landmark Organization, Incorporated 4000 Oleander Drive Wilmington, North Carolina 28403 Gentlemen: Ou 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, submitted on your behalf by Timber and Land Management Consultants, Incorporated, received April 20, 1988, for Department of the Army authorization to construct a community pier and gazebo on Bradley Creek, near Wilmington, New Hanover 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 beein work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned No. SAWCO88-N-065-0295 and will be coordinated by Mr. Hugh Heine. He is available at telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- -A ' I r 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 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Rob Moul Timber and Land Management Consultants, Incorporated Post Office Box 1471 Wilmington, North Carolina 28402-1471 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge;, Chief Wetlands Section Marine and Estuarine 11ranch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403