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HomeMy WebLinkAbout19920646 Ver 1_COMPLETE FILE_19920101 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 25, 1993 Regulatory Branch Action ID. 199203724 and State Permit No. 3-93 Mr. Roy L. Gore Ida Jones Subdivision Association 340 Red Fox Trail Hampstead, North Carolina 28443 Dear Mr. Gore: F77" - 21993 L ' t?'tTLANDS GRDU? S'CTi,2-9 Reference your application for a Department of the Army permit to maintain and widen a channel off the Atlantic Intracoastal Waterway (AIWW), Sloop Point, near Hampstead, Pender County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure 4 , -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. John Dorney Water Quality Section D' ision of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources 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. Larry Hardy . National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 V +` .-PIKE APMM D Sot L-AREA M TAt,/tW'' WA5,W W--W) - r -._.. ..r.SpILMA'y PIPE Y .--D] KL bf?T A I L uo 5CkL6 x lY LENNtE"S ? M. PACKED • _ W F. ?+UOK9 C ; M -14SWE4 - M a 1 1y7r pw aL ,, `O a- w tc PAtX*ET "T0E:WDJECTTI4 To 1 VC--LOW WATER 15- ?? 5.R.1563. o Tv ? I ? i LDX IQI ?? Z I ;-3:0 1, 1 +1 .-3.5 a 2 13;5. A { I FXX15T. Ci• "EL SUE POILSITE AtX . boo'X) 4M LLW, Y PIKE Aep e v -to II E 1 __ _ -SEE DerAt L =? _ 14T LFt=r --Spot L R?YATLy oft ED - Z W 4? Q 'V ? N, IT. zROS .D AT-6:-foE II HAT 5EIDW E*AST. WTa 4RLELS ? MA MEASUQED -EV c _ u.. TZ>R __ - MAy 21) I°t92 JAMS M.c1?RK 2 iLMir mow, ttc. or-x -0a .0. it *; 11 t 12 Avr=r?xie 11 +- 3c, AvE?4 pE o-P W'?oTA L To r ?aov?t? 20- 0 MEAu LOW Wi ER, CHANK1rEl- - SAf?D TO SF- R`MOYZD 1 ? ?u ?r,2. quA? i-ru ?I Cap. Cg?-I?) sl;CTlCi\. 71- r U CuAHl,y*E _? A7 I oW PRC>PO?E D CHA KWE!- CO JSTR UC I DA JON.E5 !??U S. DIV. ?SUC, ?aT DR aW y -- MALI 21 19q2-JAVi? M. CL IWILMINJgra:,?I G. :Fo R OF 2 I 44* ^014 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 22, 1992 Regulatory Branch Action ID-. 199203724 Mr. John-Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Si (l i A 71993 WrILANDS _ •)' ? TFR 01 ALITY SE Reference the application of Mr. Roy L. Gore to maintain and widen a channel off the Atlantic Intracoastal Waterway (AIWW), Sloop Point, near Hampstead, Pender 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. All work authorized by this permit must be performed in strict compliance with the permit plans. b. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. C. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. d. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. e. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 0 -2- f. Excavation will not exceed 4 feet below the elevation of mean low water (MLW). g. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United states in the public interest. h. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. i. 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 that the turbidity in the waterbody is 25 NTU's or less are not considered significant. j. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch -3- Copies Furnished: L*. John Dorney Water Quality Seqtion Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 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. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 rN = ..0 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary November 10, 1992 Acting Director Mr. Roy L. Gore 340 Red Fox Trail Hampstead, North Carolina 28443 Dear Mr. Gore: Subject: Proposed dredging and return water from upland diked disposal Pender County DEM Project * 92646 Upon review of your request for Water Quality Certification to dredge 0.55 acres of water for channel creation and disposal in an upland diked disposal facility located at Topsail Sound'off SR 1563 in Pender County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2668 issued January 21, 1992. A copy of the General Certification is attached. If you have any questions, please contact John Dorney at 919/733-1786 or 919/733-1787. Sincerely, . P eston Howard, Jr. E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker, Division of Coastal Management REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer t C.. r' i State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal INIanagement James G. Martin, GovernuC William W Cobey, Jr., Secretary November 2, 1992 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Mr. A. Preston Howard, P.E., Acting Director Division of Environmental Management John R. Parker, Chief Major Permits Processing Section CAMA/DREDGE & FILL Permit Application Review Roy L. Gore (Ida Jones Subdivision) parallel to Red Fox Trail off S.R. 1563, Pender County Roger N. Schecter Director to dredge a 1200' x 20' access channel to a depth of -4' mlw. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 23, 1992. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: L-' This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED r/l' DATE 127 Cardinal Drive Extension • Wilmington. North Carolina 284115.3845 • Tclephone (919) 395 3900 • Fax (919! 35( 2(X1 4 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 'APPLICANT'S NAME: Roy L. Gore 2. LOCATION OF PROJECT SITE: Topsail Sound parallel to Red Fox Trail off S.R. 1563 in Pender County. Photo Index - 1989: 171-9, V-15-18 18 D State Plane Coordinates X: 2422400-24 241400 3. T -10 INVESTIGATION TYPE: CAMA/D&F 9 4. INVESTIGATIVE PROCEDURE: Dates of S'te rM)IIp /2192, 10/20/92 Was A lica 17YSEC 1icant was not present with field rep. Applicant had several pre- application meetings with the Acting District Mgr. and the Fisheries rep. 5. PROCESSING PROCEDURE: Application Received - cc.10/23/92 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification From LUP - Rural (B) AEC(s) Involved: Estuarine Water, Public Trust Waters (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Residential homes, Piers,. Docks. Planned - Boating Access Channel (G) Estimated ,.nnual Ratc of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Shallow Bottom High Ground(Disp. area) 24000 sf x.55 ac.) 900000 sf (20.7 ac) (D) Total Area Disturbed: .55 ac. 20.7 ac. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant proposes to dredge a 1200' x 20' access channel to a depth of -4' mlw. . . V, N+ Roy L. Gore Page 2 9. PROJECT DESCRIPTION The project area is a resident Point area of Pender County. family residences adjacent to expanses of open space inland. single family piers. The site 1563, and Red Fox Trail. 10/27/92 dal community in the Sloop There are presently single Topsail Sound, with large . The area is dotted with is accessed by way of S.R. There is a 25' - 30' wide stand off-coastal marsh along the shoreline, predominantly Spartina alterniflora and Juncus roemerianus. The areas north and south of the project site are designated Primary Nursery Area by the Division of Marine Fisheries. However, there are approximately 2.5 linear miles that are not designated, and according to DMF, this project lies within those bounds. The waters are classified SA by the Division of Environmental Management. The area is open to the taking of shellfish. There are a series of shellfish leases beginning approximately 1000' - 1200' north of the project site. The bottom of Topsail Sound in this area is mostly sand, transitioning to silt as one moves northward. There are patches of Zostera marina throughout this area of Topsail Sound. In the immediate project area, there do not appear to be any SAV's presently. There have been small patches seen in the proposed channel location in the past, but not currently. Site inspections do not reveal there to be an existing channel. From the southern limits of the proposed project site, the water slowly deepens to the north and to the east. This is a somewhat consistent slope. There is no channel indicated in the aerial photography from 1984. There appears to be a channel of sorts on the 1989 photography for the southernmost three properties. The Acting District Manager has visited the site many times in the past. It is his opinion that there was a channel present which has been obscured by recent shoaling. Though the applicant states that the project is proposed in an existing channel, this is not a critical issue in an area that is not designated as Primary Nursery. Soundings of the area are shown on the application. Depths for the channel area range from 0' mlw to 2' mlw. The typical cross section of this area shows the average depth at mean low water to be -11. Visiting the site approximately one hour past low tide presented less than - 1'mlw. The applicants are proposing to hydraulically dredge an access channel for a length of approximately 12001. It will run approximately 650' in a northeast direction, paralleling the shoreline. It will then turn in an easterly direction for the last 500' - 6001. This channel is approximately 50' waterward of mean high water prior to turning eastward and s k .» Roy L. Gore Page 3 9. PROJECT DESCRIPTION - Continued: joining the AIWW. The channel width is proposed at 201, with a depth of -4'mlw. The project is proposed to provide the community better access to the AIWW. The dredge material is to be pumpedrto a spoil island in the AIWW which is privately owned. Permission for use from the owner was submitted with the application. The spoil disposal dike is one constructed by the US Army Corps of Engineers. There is permission on file for the applicants to use this spoil site. There will be approximately 2500 cubic yards of material removed from the channel site. The diked spoil area is approximately 600' x 1500'. A water control structure will be required at the intake end of the effluent pipe to control the solids in the effluent. 10. ANTICIPATED IMPACTS Dredging of the proposed channel will require the removal of approximately 2500 cubic yards of sandy, shallow bottom. The location of the proposed channel is within an area which contains SAV's, but none apparent within approximately 200' of the project. Though the waters north and south of the ' project are designated as Primary Nursery, the immediate project area is not. The shellfish leases in the area begin at a point approximately 1000' - 1200' north of the proposed dredge area. The channel will join the waters of the AIWW, much deeper than the -4' proposed for the channel. There is no coastal marsh within the proposed channel area. There will be turbidity increases in the area during the dredging operation. Spoil material will be placed on approximately 900,000 square feet of highground that has been used previously for spoil placement. Submitted by: T. Barrett Office: Wilmington . Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Roy L. Gore Address 340 Red Fox Trail City Hampstead State N.C. Zi 28443 Dayphone 270-2533 270-3965 Landowner or X • Authorized agent b. Project name (if any) Ida Jones Sub. nivision Association c. If the applicant is not the landowner, also give the owner's name and address. .2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number State Road #1563 b. City, town, community, orlandmark Sloop Point Community C. County Pender d. Is proposed work within city limits or planning jurisdiction? NO e. Name of body of water nearest project Intracoastal Waterway 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). channel to- a. depth of 4190(MLW _and_a width of 20 ft as shown in the cross hatched area of drawincr for a d stance of 12001-+/ If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Channel mnin._nan P c. Will the project be for community, private, or commercial use? Community d. Describe the planned use of the project. Prwid access to intracoastal waterway for small boats. 4 LAND AND WATER Ohl Mc CHARACTERISTICS a. Size of entire tract N/A _ , ' _ . = rb. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum +51 (+/-) d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract None f. Man-made features now on tract Short piers g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? Residential L How are adjacent waters classified? SA j. Hasa professional archaeological survey been carried out for the tract? No If so, by whom? _NZA 12/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed N/A b. Number of lots or parcels N/A C. Density (Give the number of residential units and the units per acre.) N/A d. Size of area to be graded or disturbed N/A o' e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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?_ N/A m. Water supply source ' N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A T' If the project is on the oceanfr ¢n' what will be the elevation above mean sea level, offt first habitable. , floor? N/A I bf_;% iyY 6 EXCAVATION AND FILL INFORMATION f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. N/A g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. N/A h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management?- N/A i. Describe proposed sewage disposal and/or waste water treatment facilities. N/A j. Have these facilities received state or local approval? N/A k. Describe existing treatment facilities. N/A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down").. N/A a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MINI) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth b. Amount of material to be excavated from below water level in cubic yards apprnx 2500 cu. yda , c. Typeofmaterial Sand d. Does the area to be excavated include marshland, swamps, or other wetlands? NO e. High ground excavation, in cubic yards None 2 12/89 f. Dimensions of spoil disposal area _Approximately 600' x 1500, g. Location of spoil disposal area Approx. 300' south east of channel marker #93 h. Do you claim title to the disposal area? NO If not, attach a letter granting permission from the owner. t ".' . ..-!- Will a disposal area be available fo iiture maintenance? Yes If so, where? am c. Shoreline erosion during preceding 12 months, in feet N/A d. Type of bulkhead material N/A e. Amount of fill, in cubic yards, to be placed below mean high water None f. Type of fill material _ N/A _._, , . ?--6-,.ADQaTIONAL INFORMATION j. Does the disposal area include any marshid, iu In addition to the completed application form, the follow- swamps, or water areas? NO r ? ?• : ? ? ? -. ; in items must be submitted k. Will the fill material be placed below meiti-higly water? NO 1. Amount of fill in cubic yards 2500 cu. yds . m. Type of fill material n. Source of fill material Sand On site t> r_ IVA tbpy of the deed (with state application only) or other instnument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed -or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o. Will fill material be placed on marsh or other wetlands? NO p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? Dike around spoil area (see dwct. ) r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line 217 prints or other larger plats are acceptable only if it high quality -copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 1289 OF Name Lennie Esposito Address 91 T)ri vP wi-lmington, x-C- gRdna Name Tommy Padgett Address c/o Padgett's Radio & T.V. Service, North Wright Street, Burgaw, N.C. ZU42b Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A A check for ?>?J"made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. I I3A-1 to 10). 9 CERTIFICATION AND PERMISSION 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity tomplies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. This is the 44 day of19 y? 7 Landowner ofauthorized agent .r .0i• •I 0cc) AS Pi K>= ARWN D 501 L-AMA-IV EV>E1 tT"' WASH a PROJ 6GT 3 '? r L 1+A?TMI 70 ?t LIB!- ?`? _ .1 KL b TA I L uo SCA LE L NNIE.?"5P12-5 o IILI ILI g ? M. WKt i 0 6'p,a W. p EL: h" ITE (60 X/5 00 Q 4Ni I-M Q ! ?Y U ? sl JA PI K.E A4 FRIIF4 PI-1,I VP -- - 47 L F-F-Tt'AIL- 1•r's4 X3,5. o Z ? _ • - SPoi L •. ?.. !.: Nl?ii"?E ?g '-r R . EIOI?1`. .o ! - ' Z u ? all az PADC ET I rm4T. c"mi5L I -1Ti"' F??b-cAr 120 o -. _ T?IET?OJECT' 15'T3? Dt2 - THE G \055 NATCt}?DARSA" O AN•'EL:4? t'SFIDW T?FA11-logy f?_i o .waTEa 15.ASSuM v AT??T?? ?XI5T.13G?T'C?IA?l?1?1:?? 5 S? IAREMD46URED _ _?b ?rdr?!?tc. A'?t?ox.-c?.?uDS ?rnLl::eE>sn_ >nfl _ AGf'?Ox .. yYAT?? Tt? T? E . poi !.. t?LA,I?Ib yt7 E . _?.. _ - - c UCJl ON TZ?IR -- JV.A .JvNr=,BHsu PF-A\WR Bq . SHEET" -. M?l? 21 ? Igg2 JAMS M. C-1.,?,RK ?Tr?_.5.R.15??. ?SIiLMINCI'Uf.l? 11?, o? 1 . • • it >> ±-- 3c, AvE-=r D ? P?'ATERI ALTO t3? t--ioY?? f' cw, PROP015,E D CNA ?NEJ_ CO JSTR UC-IO? wog PR AWN ?U? L MAq 21? laq 2 JAMi? M . CL?RV-, IWILM ?NCTC : ,?1,G, / 2 O H TQ r3? REMOYE; D ?u ;0112. QUA,! i u To: John Dorney Planning Branch DIVISION OF ENV Nov - s ?? TI V?EWe b..°: "'REVIEWER: GREGSO WQ SUPERVISOR: ADKINS DATE: 11/04/92 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 92646 COUNTY: Pender PROJECT NAME: Roy L. Gore (Ida Jones Subdivision) PROJECT TYPE: Access Channel PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: 11/02/92 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Topsail Sound CLASS: SA STREAM INDEX #: 18-87-10 *OPEN OR CLOSED: Open WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A MITIGATION: N/A A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicants propose to dredge and widen an existing channel to a depth of -4 feet MLW. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #2668 for Return Water From Upland Contained Disposal Areas SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL: WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? 92646.Nov Page Two 4W SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional DCM-Tere Barrett John Parker Office Files ;?• ' DIVISION OF COASTAL l[lMMMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Roy L. Gore 2. LOCATION OF PROJECT Trail off S.R. 1563 Photo Index - 1989: 18 State Plane Coordin 3. INVESTIGATION TYPE: SITE: Topsail Sound parallel to Red Fox in Pender County. 171-9, V-15-18 1984: 22-247, K-15- ates K: 2422400-2420400 Y:239000-241400 LAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/2/92, 10/20/92 Was Applicant Present - Applicant was not present with field rep. Applicant had several pre- application meetings with the Acting District Mgr. and the Fisheries rep. 5. PROCESSING PROCEDURE: Application Received - cc.10/23/92 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification From LUP - Rural (B) AEC(s) Involved: Estuarine Water, Public Trust Waters (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing Residential homes, Piers, Docks. Planned - Boating Access Channel (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other 24000 sf Shallow Bottom (.55 ac.) High Ground(Disp. area) 900000 sf (20.7 ac) (D) Total Area Disturbed: .55 ac. 20.7 ac. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant proposes to dredge a 1200' x 20' access channel to a depth of -4' mlw. r Roy L:. Gore Page 2 9. PROJECT DESCRIPTION The project area is a resident Point area of Pender County. family residences adjacent to expanses of open space inland. single family piers. The site 1563, and Red Fox Trail. 10/27/92 .ial community in the Sloop There are presently single Topsail Sound, with large The area is dotted with is accessed by way of S. R. There is a 25' - 30' wide stand of coastal marsh along the shoreline, predominantly Spartina alterniflora and Juncus roemerianus. The areas north and south of the project site are designated Primary Nursery Area by the Division of Marine Fisheries. However, there are approximately 2.5 linear miles that are not designated, and according to DMF, this project lies within those bounds. The waters are classified SA by the Division of Environmental Management. The area is open to the taking of shellfish. There are a series of shellfish leases beginning approximately 1000' - 1200' north of the project site. The bottom of Topsail Sound in this area is mostly sand, transitioning to silt as one moves northward. There are patches of Zostera marina throughout this area of Topsail Sound. In the immediate project area, there do not appear to be any SAV's presently. There have been small patches seen in the proposed channel location in the past, but not currently. Site inspections do not reveal there to be an existing channel. From the southern limits of the proposed project site, the water slowly deepens to the north and to the east. This is a somewhat consistent slope. There is no channel indicated in the aerial photography from 1984. There appears to be a channel of sorts on the 1989 photography for the southernmost three properties. The Acting District manager has visited the site many times in the past. It is his opinion that there was a channel present which has been obscured by recent shoaling. Though the applicant states that the project is proposed in an existing channel, this is not a critical issue in an area that is not designated as Primary Nursery. Soundings of the area are shown on the application. Depths for the channel area range from 0' mlw to 2' mlw. The typical cross section of this area shows the average depth at mean low water to be -11. Visiting the site approximately one hour past low tide presented less than - 1'mlw. The applicants are proposing to hydraulically dredge an access channel for a length of approximately 12001. It will run approximately 650' in a northeast direction, paralleling the shoreline. It will then turn in an easterly direction for the last 500' - 6001. This channel is approximately 50' waterward of mean high water prior to turning eastward and t Roy L. Gore Page 3 9. PROJECT DESCRIPTION - Continued; joining the AIWW. The channel width is proposed at 201, with a depth of -4'mlw. The project is proposed to provide the community better access to the AIWW. The dredge material is to be pumped to a spoil island in the AIWW which is privately owned. Permission for use from the owner was submitted with the application. The spoil disposal dike is one constructed by the US Army Corps of Engineers. There is permission on file for the applicants to use this spoil site. There will be approximately 2500 cubic yards of material removed from the channel site. The diked spoil area is approximately 600' x 15001. A water control structure will be required at the intake end of the effluent pipe to control the solids in the effluent. 10. ANTICIPATED IMPACTS Dredging of the proposed channel will require the removal of approximately 2500 cubic yards of sandy, shallow bottom. The location of the proposed channel is within an area which contains SAV's, but none apparent within approximately 200' of the project. Though the waters north and south of the project are designated as Primary Nursery, the immediate project area is not. The shellfish leases in the area begin at a point approximately 1000' - 1200' north of the proposed dredge area. The channel will join the waters of the AIWW, much deeper than the -4' proposed for the channel. There is no coastal marsh within the proposed channel area. There will be turbidity increases in the area during the dredging operation. Spoil material will be placed on approximately 900,000 square feet of highground that has been used previously for spoil placement. Submitted by: T. Barrett Office: Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name_ Roy L. Gore Address 340 Red Fox Trail Citty_ Hampstead State N.C. Zip 28443 Dayphone 270-2533 270-3965 Landowner or X • Authorized agent b. Project name (if any) Ida Jones Sub. nivision Association C. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number State Road #1563 b. City, town, community, or landmark Sloop Point Community C. County Pender d. Is proposed work within city limits or planning jurisdiction? NO e. Name of body of water nearest project -Intracoastal Waterway 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). channel to a depth of 41A0(MLW and a_width of 20 ft. as shown in the cross hatched area of drawing for a d stance of 1200' If you plan to build a marina, also complete and ' attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Channel main. nan p c. Will the project be for community, private, or commercial use? Community d. Describe the planned use of the project. Prnyid a pc. to intracoastal waterway for small boats. L 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) _ N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum +5' (+/-) d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract None f. Man-made features now on tract Short piers g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? Residential i. How are adjacent waters classified? SA j. Hasa professional archaeological survey been carried out for the tract? No If so, by whom? N/A 12/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed N/A b. Number of lots or parcels N/A C. Density (Give the number of residential units and the units per acre.) N/A m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A d. Size of area to be graded or disturbed N/A 0. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? - N/A f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. N/A g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. N/A h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N/A i. Describe proposed sewage disposal and/or waste water treatment facilities. N/A j. Have these facilities received state or local approval? N/A k. Describe existing treatment facilities. N/A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A If the project is on the oceanfr¢nt, what will be the elevation above mean sea level pff a first habitable floor? N/A I - C_J 6 EXCAVATION AND FILL INFORMATION r,.. .: a. Describe below the purpose of proposed excavation or fill ac!ivities (excluding bulkheads, which are covered in Section 7). Access channel OvII.W) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth b. Amount of material to be excavated from below water level in cubic yards ap,= rnx _ 2500 cu . +_d s . c. Type of material Sand d. Does the area to be excavated include marshland, swamps, or other wetlands? NO e. High ground excavation, in cubic yards None 2 12/89 L Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in -Approximately 600, x 1500, feet N/A ' g. Location of spoil disposal area Armrox . 300 d. Type of bulkhead material N/A - south east of channel marker #93 e. Amount of fill, in cubic yards, to be placed below h. Do you claim title to the disposal area? NO mean high water None If not, attach a letter granting permission from the owner, f. Typeof fill material N/A i. Will a disposal area be available for n niaintenance? Yes ! ` Ifso,where? same as (g) bQyP :ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? NO ing items must be submitted: k. Will the fill material be placed below"mtari hi tl? ropy of the deed (with state application only) or other water? No instrument under which the applicant claims title to the 1. Amount of fill in cubic yards 2500 cu. vds . affected property. If the applicant is not claiming to be th f' d th f d f th m. Type of fill material Sand n. Source of fill material o. Will fill material be placed on marsh or other wetlands? No p. Dimensions of the wetland to be filled e owner o sat property, en orwar a copy o e _ deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. q. How will excavated or fill material be kept on site and erosion controlled? Dike around spoil area (see dwa.) r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hvdr"aul.ic dredge s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A On site An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1R 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 20 prints or other larger plats are acceptable only if 0 high quality copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a pan of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county mad (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.ad dresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 12/89 .# ?Tame Lennie Esposito Address 910 RPi 1 1 y Dri mp wi tmington., BI - C Rena Name -Tommy Padgett Address _ c/o Padgett's Radio & T.V. Service, North Wright Street, Burgaw, N.C. 28425- Name' Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A A check for I= made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N. C.G.S. I I3A-I to 10). 9 CERTIFICATION AND PERMISSION 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. 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