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)
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COWNIOW OD apt- t
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TWNP,
TIMBER & LAND MANAGEMEN?ONSULTANT?• lJ .
Mme
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7c35
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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 .
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°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