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HomeMy WebLinkAbout19890230 Ver 1_Complete File_19890118 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 William W. Cobey, Jr., Secretary January 18, 1989 Mr. W. E. Phillips N.C. Wildlife Resources Commission 512 N. Salisbury Street Raleigh, NC 27611 R. Paul Wilms Director Subject: Certification.Pursuant to Section 401 of the Federal Clean Water Act, Proposed Expansion of Oak Island Public Access Area N.C. Wildlife Resources Commission Ditchman's Creek Brunswick County Dear Mr. Phillips: Attached hereto are two (2) copies of Certification No. 2312 issued to N.C. Wildlife Resources Commission dated January 18, 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 Mr. William Mills Mr. David Owens P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer l4 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 N.C. Wildlife Resources Commission pursuant to an application filed on the 16th day of December, 1988 to improve and expand the Oak Island Public Access Area. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Dutchman's Creek in conjunction with the proposed access area project 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 all concrete placed below mean high water be palced at low tide and that the forms must be completely dewatered. No wet concrete shall be allowed to directly contact the surface waters. 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 18th day of January, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT 1AR. Paul Wilms, Director WQC# 2312 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 William W. Cobey, Jr., Secretary Director January 18, 1989 Mr. W. E. Phillips N.C. Wildlife Resources Commission 512 N. Salisbury Street Raleigh, NC 27611 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Expansion of Oak Island Public Access Area N.C. Wildlife Resources Commission Ditchman's Creek Brunswick County Dear Mr. Phillips: Attached hereto are two (2) copies of Certification No. 2312 issued to N.C. Wildlife Resources Commission dated January 18, 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 Mr. William Mills Mr. David Owens 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 N.C. Wildlife Resources Commission pursuant to an application filed on the 16th day of December, 1988 to improve and expand the Oak Island Public Access Area. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Dutchman's Creek in conjunction with the proposed access area project 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 all concrete placed below mean high water be palced at low tide and that the forms must be completely dewatered. No wet concrete shall be allowed to directly contact the surface waters. 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 18th day of January, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT /OR. Paul Wilms, Director WQC# 2312 ?J ?Pc c? /1 t?Y. DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comm anKs n er g an applicy for S-tate F r 1 COA P rmi s) om 'd t ? ?? 7 ?r A. PERMIT: kris 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. X Certification is required for this project. Such action to process the certification has been initia d. Proposed Certif scat 'orb wi1? G/ c ed on CC-- or after U 7 ??, !y ? J 0,214 41? 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 QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT 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 NC Wildlife Resources Commission of Raleigh filed an application on November 29, 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. Accordin to said application the applicant proposes to add a new boat ramp and pier (Oak Island) and to grade an a itiona parking area. This site is located on the west bank of Dutchman's Creek near Southport. 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. The Division of Environmental Management proposes to take final action on this water quality certification on or before January 18, 1989 T ^e issuance of the CAMA Major Development Permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may arise. All persons desiring to make comments should do so in writing to Mr. David Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to January 13, 1989 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 January 13, 1989 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. Publish on December 29, 1988 MEMORANDUM DATE: TO: FROM: THROUGH: DIVISION OF ENVIRONMENTAL MANAGEMENT is /4--re, Bill Mills Operations Branch James H. Gregson ,T+K Wilmington Re ' al Office Donald SafritC Wilmington Regional Office RE CEIV ern > 8 '16b0 WATER QUALITY SECTION UPEgnTt-r??S SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill .44 ce,* PROJECT DESCRIPTION : o eox-,? a-u iO??D°"`S ? 01 ADJACENT WATER BODY: CLASSIFICATION: Sh Status : 610Atr'6 The project has been reviewed to determine impacts to water quality. The following comments are provided. 1?e Av. a.. 6441 71V od? P? : 4M w.. e0kAf- s?xaas ?,?. -- T.T.--- -- - - DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name NC Wildlife Resources Commission -.Boat Ramp Oak Island 2. Location of project site West bank of Dutchman's Creek near Southport - Brunswick County - New Photo 10-100 Grid D-18, 19, 20 - 3. Investigation type: Dredge & Fill x LAMA _X 4 Investigative procedure: (A) Dates of site visit 12-12-88 (B) Was applicant present no 5. Processing procedure: 6. Site description: (B) AEC(s) involved: (C) Water dependent: (D) Intended use: Application received 11-29-88 Office Wilmington (A) Local Land Use Plan Brunswick County Land Classification from LUP Industrial Development constraints identified in LUP None Ocean Hazard Coastal Wetlands _ Estuarine Waters x Yes Estuarine Shoreline Public Trust Waters Other No Public X Private (E) Type of waste water treatment: Existing N/A Planned N/A v Other Both Commercial (F) Type of structures: Existing Two ramps with pier Planned One ramp with pier - (G) Estimated annual rate of erosion 7. Habitat description: Dredged (A) Vegetated wetlands: N/A (B) Non-vegetated wetlands: Open shallow water (C) Other: Highground (parking) (D) Total Area Disturbed: Source -- AREA Filled Other Appx. 2,250 sf Appx. 68,100 sf (1.6 acres) Appx. 2,250 sf Appx. 68,100 sf (1.6 acres) 8. Project Summary The applicants propose to add a new boat ramp and pier and to grade an additional parking lot area. NC Wildlife Resources Commission Page Two 9. PROJECT DESCRIPTION Gommisslon Doar ramp On LIle WU'5L UdilA Ut tiut_? Tull-- creek has apparently been excavated in the past as part- of the CP&L cooling canal project. There are two ramps each measuring approximately 75' x 14'. Finger piers service these ramps. Each one measures approximately 32' x 4'. There is no wetland vegetation within the project area. The waters are classified as SA closed and are a designated primary nursery area. The highground area adjacent to the ramp has been partially converted into a parking area measuring approximately 250' x 258'. The applicants propose to install an additional 75' x 4' boat ramp and a 32' x 4' pier. Some minor grading will be necessary to obtain the slope required for the ramp. They are also proposing to clear and grade an area approximately 170' x 255' to expand the parking area. A 4" marl cover will be placed over the area. Landward of the existing parking area a new area approximately 225' x 110' will be cleared and the spoil material from the ramp construction will be placed on it. 10. ANTICIPATED IMPACTS Provided that the project is completed as proposed we do not anticipate that any significant adverse impacts will result from the project. Submitted by: C. Robert Stroud, Jr. Office: Wilmington Date: December 12, 1988 James G. Martin, Governor James S. Lofton, Secretary Mr. Fred Harris N.C. Department of Natural Resources and Community Development Division of Wildlife Resources 1 ?? Fes,.; ,- 512 North Salisbury Street Raleigh, North Carolina 27611 ,•?.? Dear Mr. Harris: 1?'??5-0 - RE: SCH File #89-E-4300-0202; Environmental Assessment and Finding of No Significant Impact for the Proposed Construction of a New Boat Ramp at the Oak Island Boating and Fishing Access Area in Brunswick County The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made by state/local agencies in the course of this review. Because of the nature of the comment(s), it has been determined that no further State Clearinghouse review action on your part is needed for compliance with the North Carolina Environmental Policy Act. The attached comment(s) should be taken into consideration in project development. Best regards. Sinter el y, Jam ?s Lofton JSL : jt cc: Region 0 Attachment F'ti`i l? ? Y •'r 3 t. 153 4,Ja +?.`? vlY .COY NOV ? 1) 1988 OFPCE, OF COASTAkl 'NIAi 01"I ;EMENI nr 116 West Jones Street • Raleigh, North Carolina 27603-8003 • Telephone 919-733-7232 e.. V.-. 1 (1..,.., -irv / Affirmative Action Emnlover 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 "20 all projects. `. ?ICANTJZ r?:rt3 .. -City-_ Raleigh State NC - -- Zip 27611 Day phone 733-3633 Landowner or Authorized agent b. Project name (if any) Oak Island c. If the applicant is not the landowner, also give the owner's name and address. Lease from CP & L 9a. Street address or secondary road number SR 1101 b. C. d. City, town, community, or landmark Southport County Brunswick Is proposed work within city limits or planning jurisdiction? No Name of body of water nearest project a. Size of entire tract -7 acres± b. Size of individual lot(s) N /A tionai veoaetic vertical uatum ? t - d. -`Soil type(s) and-texture(s)of tract--Sand e. Vegetation on tract Pine, scrub Oak variety of grasses f. Man-made features now on tract Parking lot, boat ramps, & timber docks, g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural I ndti s tr is 1 tither h. How is the tract zoned by local government? How are adjacent waters classified? SA Has a professional archaeological survey been carried out for the tract? N/A If so, by whom? Complete this section if the project includes any and development. e and number of buildings, facilities, or ctures ro sed N / A p Po fjfi-(U € nF QOq(7?! ???'.b. Number of lots or parcels Describe all development activities ygVILOA,'O, `-rlt)?`JN?'? ?P d the units per a umber of residential (for example, building a home, motel, marina, bulkhead, or pier). Install concrete ramp & timber d. Siz"f area to be graded or disturbed- dock If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? Rof-h c. Will the project be for community, private, or commercial use? Public 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. surfaces.. Mari . (existing) c. Type of material Sand d. Does the area to be excavated include marsh- h. If applicable, has a stormwater management land, swamps, or other wetlands? No plan been submitted to the Division of En- e. High ground excavation, in cubic yards None vironmental Management? N/A f. Dimensions of spoil disposal area 0 .9 acre ± L Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. NIA Parking area h. Do you claim title to the disposal area? Yes approval? N /A the owner. k. Describe existing treatment facilities. I . Will a disposal area be available for future ' N/A maintenance?/ N /A If so, where? N/A j. Does the disposal area include any marshland, 1. Describe location and type of discharges to swamoland,'or water areas? N/A waters of the state (for example?surface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial high water? yes effluent, or "wash down"). 1. Amount of fill in cubic yards 7.7± Surface runoff m. Type of fill material Concrete slab n. Source of fill material N/A m. Water supply source NIA o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? N/A describe the steps that will be taken to main- p. Dimensions of the wetland to be filled N/A tain established. public beach accessways or pro- q. How will excavated or fill material be kept on vide new access. N/A site and erosion controlled?_ Covered with 4" of marl o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N /A 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 wetlarkd or below MHW Upland fill areas 100' 14 -4' 30 14 r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? nraciline, bulldozer s. in transporting equip- .. Zi m' arc If yes, explain e that will < ; en to lessen en- vir nTbal impgp i; 1988 OFFICE OF CO,'-.,'JAL fiP,.ArIAGEMENI W{'•_ Ni NUT •;'i 'r; L i NAL 0 7 a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A c. Shoreline erosion during preceding 12 months, in feet Stable d. Type of bulkhead material N/A e. Amount of fill, in cubic yards, to be placed below mean high water N /A f. Type of fill material N/A numbers, permittee, and issuing dates. In addition to the completed application form, the CAMA 103-81 Corp Permit No. following items must be submitted: SAWCO 80-n-000-000291 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 T _. sion_from_ the owner to carry out the project. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. front and inlet areas. 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 acceptal to 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. 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). Name Standard Products of NC, Inc Address P O Box 10549 Southport, NC 28461 Name Carolina Power & Light CO Address 411 Fayetteville St 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 CERT1RCAT-10N_AND.PERMIS-; .SION. TU ??? t?N L.A?13J h ' r' 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. I 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 a? day of ?L 19 $?. X Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. 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