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HomeMy WebLinkAbout19920492 Ver 1_COMPLETE FILE_19930221? STATE o? / C , 'w State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary February 8, 1993 Mr. Norman Pinson Olde Point Associates Post Office Box 249 Hampstead, North Carolina 28443 Dear Mr. Pinson: Subject: Proposed Fill in Wetlands or Waters Bank stabilization for bridge replacement Pender County DEM Project # 92492, COE* 199203379 Upon-review of your request for Water Quality Certification to place fill material in wetlands or waters in Nixon Creek for bank stabilization for bridge replacement located at Olde Point development in Pender County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2665 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 13. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, e eston oward r. P.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, DCM Rob Moul Land Management Group P.O. Box AV, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax 0 919-733-0513 An Equal Opportunity Affirmarive Action Employer IMPORTANT To :? R=! _ Date Time WHILE YOU WERE OUT M of Phone AREA CODE NUMBER EXTENSION . ?' f) (? LYJ ??7/V? Message ??W9cr? l?/XOry? 3r? J C/Lr Do rf- ? /-I ?w y ?i?'0!i? CA 'j 0 1 Il aye V ( °l M?7 ?s Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources 1* DIVISION OF ENVIRONMENTAL MANAGEMENT } MEMORANDUM Date: January 19, 1993 To: John Dorney Planning Branch From: James H. Gregso Wilmington Re al office Through: Dave Adkins Wilmington egional Office o FAN I Rl 1 i9M WETLANDS GROUP WATER QUALITY SECTION Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit #92492 Revision to Olde Point Associates CAMA Application Pender County PROJECT DESCRIPTION: Please find the attached Regional Office comments dated September 4, 1992, as well as the Memorandum from Tere Barrett (DCM) dated January 6, 1993 concerning the revised plan for the bridge construction project. This office objected to the original proposal to replace the current structure over Nixon Creek with a concrete box culvert. The current proposal is to replace the existing structure with a three span bridge which would widen the current opening by 6'. The project has been reviewed to determine impacts to water quality. The following comments have been provided. The project should meet the requirements of General Certification #2665 for Bank Stabilization. This office has no objection to the project as proposed. cc: Wilmington Regional Office Files Central Files (DCM) Tere Barrett John Parker C'?'Le?'Son 1/6/93 Memorandum To: Review Agencies From: T. Barrett 4/ Thru: Bob Stroud Please find enclosed a revised plat and narrative concerning the state application for Olde Point Associates. The original application was to replace the present bridge with a large culvert, reducing navigation and upstream flow by approximately 30%. The application has been on hold by applicant since receiving many negative comments. The modification to this application eliminates the culvert, and replaces the present bridge with a three span bridge totalling 90' in length. The piles straddle the navigable channel, increasing this area by 6' from that currently available between the bridge abutments. The new proposal also opens the area landward of the current abutments to extreme tides by grading the high ground area back from the abutments for 30' on either side, and placing rip rap. This proposal not only eliminates the negative impacts from the previous proposal, but lessens the impacts from the existing structure. Please review these changes, and comment to John Parker. ?o 110 SUM96, ?t Ufa ? 2522 VdmiV", ./{roWA Vatokna 28402 X6 W9-452-000Y &okd 9,9... 4&d Sr?9y g y? December 31, 1992 Tere Barrett Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, N.C. 28405 RECEI VE'L DEC 31 1992 Wilmington Regional Office DEM 9W& 94 do a A.A 0fA g.A JW5 Viitg/edat A . ,w 94d614'ff&n, .iYr6 2M4o.7 re: Revision and Re-submittal of Olde Point Associates Nixon Creek Bridge Replacement Plan for a CAMA Major Permit. Dear Tere: In light of the negative comments your agency has received concerning the large culvert alternative initially proposed by the applicant, an elevated three span bridge plan has been prepared which should satisfy all the relevant concerns of the review agencies. This redesign maintains the existing navigation height of the existing bridge but widens the channel width by 6 ft. at the mean high water line. The intertidal area below spring high tides will be wider by 16 ft. Also, this revised bridge concept will be able to handle nearly 2.5 times the storm water volumes compared to the existing bridge design. The rock rip-rap will also assist in marine organism attachment. As can be seer_ from the attached plan the top width of the existing single span bridge shall expand from 24 ft. to 90 ft. for the 3 span structure. The intertidal bottom width shall expand from 24 ft. to 30 ft. The old wooden creosote bulkhead shall be cut off slightly above the MLW mark and be replaced with a 2:1 sloped clean rock rip-rap revetment over filter "X" cloth. All denuded slopes shall be stabilized in this manner and a temporary silt fence shall be installed along the MHW line above wetland vegetation. All of the old bulkhead sheet piles, deadmen, old debris and excavated causeway soil shall be removed off site to an upland area. Please circulate this revision to the review agencies for their comments. With a 'quick review it is hoped that the old structure can be removed before April 1st. It is hoped the new structure will enhance tidal flushing and the overall environmental quality of Nixon Creek. Tere Barrett Page 2 Thank you for your assistance and quick response. Should you or the agencies have any questions, please feel free to contact me at your convenience. Sincerely, Rob Moul, M.E%.M. Environmental Consultant RM/dm Enclosures cc: Jeff Richter - Army Corps John Parker - CAMA Jim Gregson - DEM I W W a h Q a ? ? z O h d o O Z C O O a A ' IL O W O U 0 m U C y W _A 210 W d d Q Zt S - t Z a p_ IL m cr J7 ` • , , ?'D -- p LLI w K n J Vf • a . ? W f r Cu W W a z - - - J a Z t 5 co ° a + o + . J a Qr o U i° _- r ? I\ y ' U z ? ? •a'2 ? ?c. W Q m p??? ''33 ?d N? y p I ?\ t 01 d C" ?? s N L W 'O t 0 0 -v J \I -\ J • ? I J !11 <z L) O J • . • cl r ` aI c h J w Q W U? a F- m W -0l w U 7 II? Y/ Q t ¢ 2 W d a h z W U- 2 O W ONi Z q O y+ Z Q ac 0 0 Z W J CO W m O W J Q U CO) J H 2 O N Cc O x Eti ? U 3 ? z X Q W' w °a m IV J J ? 'r Q w ? Y Z O Q W V) q e i TOPVIEW LOOKING SOUTH AT PROPOSED 3 SPAN BRIDGE NIXON CREEK BRIDGE 1v A -?(? Boa n` o a., e. (ol ;JA - 6 ?-. _ _? ? ofd dr?J aid k 77; Sr ?? F¢ rJ ct , ? D ?U L v?G ? (??a \ Orss%4s d e;s7urC?? p ??va?oD J I ??d v o ? I t I ? t l LAND MANAGEMENT GROUP, INC To: John Dorney Planning Branch DIVISION OF ENVIROMMNTAL MftNAGENRKNT CAMA MAJOR PERMIT APPLICATION REVIEW REVIEWER: GREGSON WQ SUPERVISOR: ADKINS S DATE: 92/09/04 c? WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 92492 COUNTY: Pender PROJECT NAME: Olde Point Associates PROJECT TYPE: Replace Bridge PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: 92/08/21 REG OFFICE: WiRO RIVER AND SUB BASIN: 030624 *STREAM OR ADJACENT WATER BODY: Nixon Creek CLASS: SA STREAM INDEX #: 18-87-11 *OPEN OR CLOSED: Closed 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 MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACK?: N/A RECONM1ENIDATION: Deny STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to replace the existing bridge over Nixon Creek with a concrete box culvert within the confines of the existing bridge and extending approximately 21 additional feet on each side. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: N/A (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL: WATER: 1906 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? Yes DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? - 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.) 92492.Sep Page Two RECOM41INDED CONDITIONS OR PERMIT RESTRICTIONS : It is recommended that the project as proposed be denied. When the existing bridge over Nixon Creek was constructed approximately 57,000 sq. ft. of regularly flooded salt marsh was filled for the causeways and the main run of the creek appears?to have been constricted by approximately 50%-. The current proposal would further reduce the main run of Nixon Creek by an additional 30W and would result in the filling of 1906 sq. ft. of Primary Nursery Area bottom habitat. This filling would remove the existing use of this area as a Primary Nursery Area in violation of 15A NCAC 2B .0201. The further restriction of flow in Nixon Creek could potentially adversely impact upstream flushing characteristics of the creek. It is recommended that at the very least the applicants should replace the existing structure with a similar structure. Ideally, widening of the existing bridge span during construction by removal of causeway fill could potentially improve water quality in the closed SA waters of Nixon Creek, as well as create additional shallow bottom habitat. CC: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker yay9 a??„Fv RECEIVED AUG 21 1992 Wilmington Regional Offic8 State of North Carolina DEM Department of Environment, Health, and Natural Resources Division of Coastal Management James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director August 21, 1992 MEMORANDUM TO: A. Preston Howard, Jr., P.E., Acting Director Division of Environmental Management FROM: John R. Parker, Jr., Chief Major Permits Processing Section SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Olde Point Associates c/o Norman Pinson Project Location: Crossing Nixon Creek (a tributary to Olde Topsail Creek) in the Olde Point Subdivision, on SR 1609, off Highway 17 in Pender County, just North of Hampstead. Proposed Project: The applicant propses to replace the bridge crossing over Nixon's Creek on SR 1609 in Olde Point Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 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 are requested. REPLY 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. Signed This agency objects to the project for reasons described in the attached comments. Date 127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone (919) 395-3900 • Fax (919) 350-2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Olde Point Associates c/o Norman Pinson 2. Location of project site Crossing Nixon Creek (a tributary to Olde Topsail Creek) in the Olde Point Subdivision, on SR 1609, off of Highway 17 in Pender county, just north of Hampstead. PHOTO INDX: 1989: 171-1, grid 9-P 1984: 22-243, grid 3,4-F STATE PLANE-COORDINATES: X: 2403000 Y: 230000 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 6/16/92 8/12/92 (B) Was applicant present No No 5. Processing procedure: Application received cc 8/7/92 Office WiRO 6. 7. site description: (B) AEC(s) involved: (C) Water dependent: (D) Intended use: Yes X No Other Public Private Community X (E) Type of waste water treatment: Existing None Planned None (F) Type of structures: Existing Bridge Planned Bridge (G) Estimated annual rate of erosion N/A Source K LA Habitat description: (A) Vegetated wetlands: (B) Non-vegetated wetlands: (C) Other: Shallow bottom (D) Total Area Disturbed: (E) PRIIRRY NURSERY AREA: AREA Dredged Filled other 1906 s.f; 1906 s.f YES X NO (F) WATER CLASSIFICATION: SA-ORW OPEN: YES X NO (A) Local Land Use Plan Pender County Land Classification from LUP Conservation Ocean Hazard Estuarine Shoreline X Coastal Wetlands Public Trust Waters X Estuarine Waters X Other ORW 8. Project Summary The applicant proposes to replace the bridge crossing over Nixon's Creek on SR 1609 in Olde Point Subdivision. 9. PROJECT DESCRIPTION The project site is a bridge crossing Nixon's Creek on SR 1609 in Olde Point Subdivision, north of Hampstead in Pender County. Nixon's Creek is a tributary to Old Topsail Creek. The waters of the creek are classified SA - ORW by the Division of Environmental Management. They are designated as Primary Nursery Area by the Division of Marine Fisheries, and are open to shellfishing. The Pender County Land Use Plan classifies this area as Conservation. The creek bottom here is silty, with the presence of oysters. The Olde Point,Bridge was constructed prior to the passage of the Coastal Area Management Act. The existing filled causeway is approximately 320' long on the east side of the bridge, and 160' on the west side of the bridge. The causeway is approximately 120' in width. The paved roadway is approximately 21' in width. This causeway is located in a continuous span of Spartina alterniflora marsh containing intermittent Juncus roemerianus. The span of the bridge is approximately 24' across. The bridge is elevated approximately 16.5' above the creek bottom, or approximately 13' above mean high water. The creek enters the bridge at approximately 50' in width and is immediately reduced to the span width of 241. The upstream width and flow of the creek appears to* have been determined by this structure. The applicant is proposing to replace the bridge. For economic reasons, he proposes to place a precast concrete structure within the confines of the existing bridge. The proposed structure is 1718" wide, 66' long, and 14110" high. The structure will lie inside the bridge span, and will extend beyond both sides by approximately 211. The structure is similar to a very large culvert. It will be installed in the creek approximately 4' below the existing bottom. Compacted fill material will be placed between the walls of the new structure and the walls of the existing timber bulkheads of the bridge. The existing gap is approximately 2.5' in width along each side, and 4' over the top of the structure. The thickness of the proposed structure walls is 10" along the sides and top, and 24" on the bottom. This leaves an opening of 16' in width and 12' in height (less the tidal amplitude). Because the structure is submerged, the navigable opening is approximately 16' wide x 11.51high (once again, without tides). According to the applicant, there is 2.2' of water depth under the bridge at mean high water. This depth appears to be the result of the failed bridge abutments. Sediment has broken through as the walls have corroded, and has built up to a level where it supports a dense bed of oysters. This inhibits navigation directly under the bridge. There is a 2' wide run through the oysters on the east side of the bridge. There appears to be 4' of mean high water depth here and in the adjacent creek on both sides of the bridge. This would be eliminated by the placement of the proposed structure. The structure extends beyond the current bridge boundaries by approximately 21' on each side. There are to be "wingwall" type structures to prevent the buildup of silt in the "culvert" openings. The sides of each end will have a wall 2' in width extending for 20' beyond them. There is to be rip rap placed to the front and side of each of these wingwalls for erosion control. The four rip rap structures will approximate 15' in width and 10' in length. The adjacent high ground will also be filled to support the project. This will involve four areas approximately 20' x 271. There are many residential pier structures in the Olde Point area. There appears to be only one such structure on the upstream side of the bridge structure. 10. ANTICIPATED IMPACTS The width of NixonIs Creek appears to have been established by the placement of this bridge structure originally. The width is reduced by 50% from the point where the creek enters the bridge to the immediate upstream side. As one moves upstream, the low marsh gives way to high marsh as the flow decreases. Placement of this precast structure rather than another bridge as currently exists would further restrict the flow of water to the upstream side of the bridge. As well, the navigable area would be reduced from 16.5' in height and 23' in width, to 11.5' in height and 16' in width. The height at high tide would be approximately 9'. This is a 30% reduction in both height and width. The most navigable area would be eliminated. The structure itself would fill approximately 1166 square feet of productive bottom. The supporting wingwalls would fill approximately 160 square feet of bottom. The rip rap erosion control would fill another 600 square feet of the same. Submitted by: Tere Barrett Date: 8/11/92 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. b. 1 APPLICANT r If you plan to build a marina, also - complete and attach Form DCM-MP-2. Is the proposed activity mainteaance of an existing project, new work, or both? Replacement of existing bridge ?rW>e project be for community, private, or L Name Olde Point Associates Comm rcial use? . rman inson ?; ?' ' Co iaU unity Address P.O. Box 2491' city Hampstead State NC Ott; '.'Describe the planned use of the project. Provide Bridge for traffic to Zip 28443 Day phone 919-270-2796e _Point -Subdivision x Landowner or b. Project name (if any). Replacement Nixon Creek Bridge C. If the applicant is not the landowner, also give the owner's name and ".RaTT21VTOM Lwal.a JUN I I Q111`S 1QN1 (?F 2 LOCATION osT4600-S,E-2iv, Z N T PROJECT L Street address or secondary road number Olde Point Road b. City, town, community, or landmark Olde Point 4 LAND AND WATER -I"- " 1117` CHARACTERISTIC lVISION OF L Size of entire tract NQQASTAL MANXiLM E NT' b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 16.0 d. Soil type(s) and texture(s) of tract N/A e. Vegetation on tact N/A L C. County Pender g• d. Is proposed work within city limits or planning jurisdiction? _ No e. Name of body of water nearest project Nixon Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT 8. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier) Remove existing bridge, construct new bridge Man-made features now on tract bridge, bulkhead and roadway What is the CAMA Land Use Plan Classification of the site? (Consult the local land 7-r an.) Conservation ransitional Developed Community Rural Other IL How is the tract zoned by local government? planned development L How are adjacent waters classified? SA J. Has a professional archaeological survey been carried out for the tract? no if so, by whom? 12A9 3 Y r. n ((( 1992 r 911 5 UPLAND DEVELOPMENT Pllii6 Jtn .. ? t7y't ON OF 99licinnt 6F Complete this section if the project include @A??L MANAGEMENT non in?? nc ?6E??T development. tow ._ W01 14A IL Type and number of buildings, facilities, or m. Water supply source N/A . atructuresproposed new hri dg and mvement b. Number of lots or parcels N/A C. Density (Give the number of residential units and the units per acre.) 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 o 4.000 O FT 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. marl, asphalt pavement 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. none J. Have Nthese /A facilities received state or local approval? L Des r be existing treatment facilities. L Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down").. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor?- N /A 6 EXCAVATION AND FILL INFORMATION -a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 66 20 ew-n 1c) 4}2? -- za 2 b. Amount of material to be excavated from below water level in cubic yards 150 c. Type of material sand d. Does the area to be excavated include marshland, swamps, or other wetlands? yea e. High ground excavati?he cubic yards ..? ' L Dimensions of spoil disposal area c. ShOn lme erosion during preceding 12 months, in N/A .4ug? 19.9YCet . S. Location of spoil disposal area _ N/A 44.1`pe of bulkhead ?' 517 T. IM. in mean of t' r yards, t° be placed w h. Do you claim title to the disposal area? high water_..... - ,•;y, If not, attach a letter granting nniss'o fr+o k pc i n m the owner. Will a disposal area be available for future maintenance? If so, where? L Type of fill material DIVISION COASTAL MANA j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? -- Yes 1. Amount of fill in cubic yards 50 m. Type of fill material cnj-,hed stone n. Source of fill material quarry o. Will fill material be placed on marsh or other wetlands? MPS p. Dimensions of the wetland to be filled 5x5x4 locations q. How will excavated or fill material be kept on site and erosion controlled? By cofferdam and sides of existing bulkhead. r. What type of constriction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?- dragline s. Will wetlands be crossed in transporting equipment to pmject.site? _ no If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION L Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level 12189 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then 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. An accurate work plat ('including plan view and cross sectional drawings] drawn to scale in black ink on an 8 1/2 x 1 I 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 go ,23 prints or other larger plats are acceptable only if J0 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 pro] Management and sho t 4411 t of that opportunity. JUL 10 1992 DIVISION OF COAST!\ R_ N;.5.: Y. G°Eh4ENT 3 Name Raymond E. Hughes Address 220 Washington Acres Road Hampstead, NC 28443 Name Olde Point Development, Inc. Address c/o Vicki u am P.O., Bdx 665, Hampstead, NC Name Address r• A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 250 D.E.H. N. R. A check for $UP made payable to the Department of Environment , Health & Natural Resources to cover the costs of processing the application. A sighed 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. 113A- 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. This is the X Landown f f,Kuth6rized agent DIvrs1 aN OF COASTAU- ?I? f 1492 bIVISION OF COASTAL MANAGIr149 RR ? ? E 1 0 Le ox AUG ' 15?4 0 Z Z o M ?lbM?31b-. ?b1Sbp? DIVISION OF ` u N NAGEME T S ¢ w • ^ + r •'Y + + r •?w+y. M V N OCQd' y Q7Q ? N M N ` ? ? n ^ w .. M S ? ^ • • ? 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T.C4YE,tS6 .OLON6 ,V/6A/ /?ylE4 L/NE Ob/.vl SE4s/mss- s?/oTAN'rt 011 7 . - A/ ?zvosE ,s N/i 3 '/6 /r 2 , /O O :5.: t2 I t7- / V I OLDS Po//VT SECT/? MAP 464L7,G 20 PA.OB O k PE.vOE2 ccu/Vrf/ ,¢?. rl ti /o /s Op - /E /.V TSV.Ft ,NTE.tL/NL ?r`;?Cf {C? ;'??? t ? 6750.CES MAEAG .?. ? E?SJ?T, ?_t ( I AT TN 4PP¢OX/NCOT ?i4fr/JW140 /?N/? 00 4 N/XON '6 C.eEE,ta, DIVISION OF JUL 10 1992 E?UT COASTAL MANAGED NOTE r L OT,y / TNFL/ )O ,y.? 6A/GIY.V i/E,QEON ,5XT?vo Fe TA/s /b(DLtl.ViYG'S'TLOw/ oi../ ? .•.? .-,? . _ _ _ _ _ OM DIVISION OF COASTAL MANAGEMENT y D A ? V rn m N M F s m V rn II _ 1N 4 - rJ L G C ? In I--1 N a ?r k ? S L. s X N F® V n L m rn N I r I N 1* T 3 ? ?o ? D D o -^ ;I , it ? • l r o •. SLAr3 V3 _. a I m? ?s I 3 L3 in z-j p? m i(p ? T Q d \A,,? J W t I W x m r zz? ? all d (ft Z m v 03 ?x N m? A ?"!1 Q -v T -rl jy ` P V b '?k} Jw J ? i vp m V 11 ?? n A C Z r? T- 3 (P Z- rn N -l --l ? - rn Z rn L N m _ m o m a . N J m3?? I a.in -? I U a c 6' SI?'o =?' "?X N 3 O v e -33 rn rn I... w £ i I 6 mf I N n ?a AUG c- `I?I?IfS`R3?1 ?fF ? N I 1? w m 3 rCOASTiL'1A1''j r I rn r v? Cn V -? m L I ICI I ? T m 3 m r P I s I ?? ' ? D ' I 1 STA7Z 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 William W. Cobey, Jr., Secretary A. Preston Howard, Jr., P.E. Acting Director September 14, 1992 Mr. Norman Pinson Olde Point Associates P.O. Box 249 Hampstead, N.C. 28443 DEM Project # 92492 Dear Mr. Pinson: The Division of Environmental Management, Water Quality Section has reviewed your plans for fill of 1906 square feet of waters to replace an existing bridge over Nixon's Creek at SR 1609 in Pender County. Based on this review, we have identified significant uses which would be impacted by this project. These are the aquatic life uses of the Primary-Nursery Area and SA waters as well as the potential to magnify existing circulation problems in Nixon's Creek upstream of the bridge. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as designed. Therefore, we are moving toward denial of your 401 Certification. Until we receive this information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed in wetlands. Specifically can you construct your bridge without further narrowing Nixon's Creek or (preferably) making a shorter causeway than now exists? Any documentation such as maps and narrative which you can supply to address alternative road designs may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter. 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 W.* fq? Mr. Norman Pinson Sepber 14, 1992 Pag If you have any questions, please call me at 919/733-1786. Sincerely, -?Of Jo )n R. Dorney JRD/kls pinaon.nsy cc: Wilmington DEM Regional Office John Parker, Coastal Management Wilmington Office COE Central Files w `0 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 2, 1992 Regulatory Branch SUBJECT: Action ID No. 199203379 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: Reference the application of Olde Point Associates, represented by Mr. Norman Pinson, for a Department Of the Army permit to replace a bridge over Nixon's creek on S.R. 166099OldePoint Subdivision near F Pender County, North Carolina. .ampstead, 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. As Nixon's Creek is both an outstanding resource water and a primary nursery area, the horizonal clearence of the old bridge, 24 feet, will be maintained so as not to constrict tidal influence or natural ingress and, egress of aquatic organisms. b. In order to avoid periods of peak biological activity, no work will be accomplished between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. c. No vegetated wetlands will be excavated or filled. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. 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 he abandons the permitted activity without having it transferred to a third party. r f. The authorized structure and associated activity will not cause an unacceptable interference with navigation. r NOV ? 0 -2- g. 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 50 NrU's or less in all rivers not designated as trout waters by the North Carolina Division of Ehvirormental Management (NCDEM), 25 NLJ's or less in all saltwater classes and in all lakes and reservoirs, and 10 NI'U's or less in trout waters, are not considered significant. 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 Copies Furnished: Mr. John Dorney Water lity Section Div' ion of Environmental gement orth 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 Wetlands Regulatory Section- Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 -3- Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 September 14, 1992 Mr. Norman PinsonT Olde Point Associates P.O. Box 249 Hampstead, N.C. 28443 DEM Project # 924921 Dear Mr. Pinson:T The Division of Environmental Management, Water Quality Section has reviewed your plans for fill of 1906 square feet of waters to replace an existing bridge over Nixon's Creek at SR 1609 in Pender County. Based on this review, we have identified significant uses which would be impacted by this project. These are the aquatic life uses of the Primary Nursery Area and SA waters as well as the potential to magnify existing circulation problems in Nixon's Creek upstream of the bridge. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as designed. Therefore, we are moving toward denial of your 401 Certification. Until we receive this information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold.T Please provide us with information supporting your position that your project must be constructed in wetlands. Specifically can you construct your bridge without further narrowing Nixon's Creek or (preferably) making a shorter causeway than now exists? Any documentation such as maps and narrative which you can supply to address alternative road designs may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter.T i Mr. Norman Pinson September 14, 1992 Page 2 If you have any questions, please call me at 919/733-1786.91 Sincerely,•l John R. Dorney9l JRD/klsl Wetfill.ltrq cc: Wilmington DEM Regional Office% John Parker, Coastal Management9l Wilmington Office COET Central Files9l t ??r.. ?FM Qw. 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 William W. Cobey, Jr., Secretary Certified Mail Return Receipt Requested Mr. Norman Pinson Olde Point Associates P.O. Box 249 Hampstead, N.C. 28443 Dear Mr. Pinson: A. Preston Howard, Jr., P.E. Acting Director Subject: Application for Water Quality CertificationT Bridge replacement over Nixon Creek on SR 160'991 Pender CountyQ DEM # 92492 Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was received by the Division on August 28, 1992. The activity for which the Certification is sought is to fill 1906 square feet of water to -replace an exisiting bridge over Nixon Creek with a precast. concrete structure. A Water Quality Certification is a determination by the Division that the activity for which the federal permit or license is sought is not expected to result in a violation of state water quality standards for the waters of the state.1 . My4 has reviewed your application and has identified specific cerns for the impact of this project on water quality standards. This fill would remove the exisiting uses of a Primary Nursery Area by filling the bottom and further restricting the flow of the creek with an additional restriction on stream width. Our regulations state that in order to approve fill in freshwater wetlands, the applicant must demonstrate that no practicable alternative exists to the project (15A NCAC 2B .0109). We have determined that practicable alternatives exist to your present project design. These alternatives are to replace the bridge with a structure which does not further restrict stream width or replace the bridge with a shorter causeway. Because of these concerns for potential violation of water quality standards, I have determined that your application shall be denied. 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 14A. , • Mr. Pinson Page 2 If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this denial. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and binding. Finally, we are available tto further discuss modification to your proposal which would answer our objections and allow issuance of a 401 Certification. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Planning Branch of this Division at (919) 733-1786.9[ Sincerely,9l A. Preston Howard, Jr. P.E. AP H : JD 9l Oldept.ltr/jrd cc: Wilmington DEM Regional Officel U.S. Army Corps of Engineers Wilmington Office9l U.S. Army Corps of Engineers Wilmington Field Office9l John Parker% John Dorney9l Central FilesT -O¢a 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 William W. Cobey, Jr., Secretary A. Preston Howard, Jr., P.E. Acting Director Certified Mail Return Receipt Requested Mr. Norman Pinson Olde Point Associates P.O. Box 249 Hampstead, N.C. 28443 Dear Mr. Pinson: Subject: Application for Water Quality Certificationj Bridge replacement over Nixon Creek on SR 160"991 Pender County9l DEM # 92492 Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was received by the Division on August 28, 1992. The activity for which the Certification is sought is to fill 1906 square feet of water to -replace an exisiting bridge over Nixon Creek with a precast. concrete structure. A Water Quality Certification is a determination by the.Division that the activity for which the federal permit or license is sought is not expected to result in a violation of state water quality standards for the waters of the state.1 My staff has reviewed your application and has identified specific concerns for the impact of this project on water quality standards. This fill would remove the exisiting uses of a Primary Nursery Area by filling the bottom and further restricting the flow of the creek with an additional restriction on stream width. Our regulations state that in order to approve fill in freshwater wetlands, the applicant must demonstrate that no practicable alternative exists to the project (15A NCAC 2B .0109). We have determined that practicable alternatives exist to your present project design. These alternatives are to replace the bridge with a structure which does not further restrict stream width or replace the bridge with a shorter causeway. Because of these concerns for potential violation of water quality standards, I have determined that your application shall be denied. REG1oNALOFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 9191571-4700 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 ik 0 *IV Mr. Pinson Page 2 If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this denial. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and binding. Finally, we are available tto further discuss modification to your proposal which would answer our objections and allow issuance of a 4.01 Certification. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Planning Branch of this Division at (919) 733-1786.1 Sincerely,9[ A. Preston Howard, Jr. P.E. AP H : JD 9[ Oldept.ltr/jrd cc: Wilmin.gton.DEM Regional Officel U.S. Army Corps of Engineers Wilmington Officel U.S. Army Corps of Engineers Wilmington Field Office% John Parkerl John Dorney9l Central Files9[ r To: John'Dorney Planning Branch i Z! DIVISION OF DATE: 92/09/04 ?c) S WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 92492 COUNTY: Pender PROJECT NAME: Olde Point Associates PROJECT TYPE: Replace Bridge PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RED FROM CDA: DCM DATE FROM CDA: 92/08/21 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Nixon Creek CLASS: SA STREAM INDEX #: 18-87-11 *OPEN OR CLOSED: Closed 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 MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOWMDATION: Deny STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to replace the existing bridge over Nixon Creek with a concrete box culvert within the confines of the existing bridge and extending approximately 21 additional feet on each side. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: N/A (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATERNETLAND FILL AREA OF FILL: WATER: 1906 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? Yes DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? 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.) f 92492.Sep Page Two RECODED CONDITIONS OR PERMIT RESTRICTIONS: It is recommended that the project as proposed be denied. When the existing bridge over Nixon Creek was constructed approximately 57,000 sq. ft. of regularly flooded salt marsh was filled for the causeways and the main run of the creek appears to have been constricted by approximately 50o. The current proposal would further reduce the main run of Nixon Creek by an additional 30% and would result in the filling of 1906 sq. ft. of Primary Nursery Area bottom habitat. This filling would remove the existing use of this area as a Primary Nursery Area in violation of 15A NCAC 2B .0201. The further restriction of flow in Nixon Creek could potentially adversely impact upstream flushing characteristics of the creek. It is recommended that at the very least the applicants should replace the existing structure with a similar structure. Ideally, widening of the existing bridge span during construction by removal of causeway fill could potentially improve water quality in the closed SA waters of Nixon Creek, as well as create additional shallow bottom habitat. cc: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker • State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management James G. Martin, Governor William W. Cobey, Jr., Secretary August 21, 1992 MEMORANDUM TO: A. Preston Howard, Jr., P.E., Acting Director Division of Environmental Management FROM: John R. Parker, Jr., Chief Major Permits Processing Section SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Olde Point Associates c/o Norman Pinson Roger N. Schecter Director Project Location: Crossing Nixon Creek (a tributary to Olde Topsail Creek) in the Olde Point Subdivision, on SR 1609, off Highway 17 in Pender County, just North of Hampstead. Proposed Project: The applicant propses to replace the bridge crossing over Nixon's Creek on SR 1609 in Olde Point Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 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 are requested. ------------------------------------------------------------------------------- REPLY 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. '+ v This agency objects to the project for reasons described in the attached comments. Signed Date / 2--- 127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone (919) 395-3900 • Fax (919) 350-2004 An Equal Opportunity Affirmative Action Employer Piease type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If ft requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8.9 must be completed for all projects. a. Name Olde Point Associates Mr. rman inson Address P.O. Box 249 City Hampstead.. State NC Zip.- 28443 Day phone 919-271 1 APPLICANT r• x Landowner or_ Pender b. Project name (if any). Replacement Nixon Creek Bridge 61=V"t " ! C c 2 LOCATION 0FP R0FAQSEMiV.,E;N.T PROJECT c. if the applicant is not the landowner, also give the owner's name and C097N) R 40-0" JUN 1. 1 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 16.0 d. a. Street address or secondary road number Olde Point Road e, b. City, town, community, or landmark Qlde Point f c. County d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Nixon Creek 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) Remove existing bridge, construct new brid e S. 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? Replacement of existing bridge Soil type(s) and texture(s) of tract N/A Vegetation on tract N/A Man-made features now on tract bridge, bulkhead and roadway What is the CAMA Land Use Plan Classification of an.) the site? (Consult the local land 7-Transitiona] Conservation Developed ? Community Rural Other IL How is the tract zoned by local government? planned development i. How are adjacent waters classified? SA J. Has a professional archaeological survey been carried out for the tract? no If so, by whom? 4 LAND AND WATER _111 1*J 177` CHARACTERISTIC iyisioN OF L Size of entire tract NWASTAL MAhA(itivitilf b. Size of individual lot(s) N/A ., r'e project be for community, private, or nrcial use? itv A! r0, 7 W 7Describe the planned use of the project. Provide bridge for traffic to )-2796t_ _e? in Subdivision a . Iv ni?r 1992 ?t yYY 5 UPLAND DEVELOPMENT '" ON Or ?"t _ y t?yL n??rtctnAl OF i* Complete this section if the project inelude>f?,? (yttil+:A?EMENT ntv1 t development. ?„? • _ 6E-ME?LL._ r. S. Type and number of buildings, facilities, or M. Water supply source N/A . stsuctunesproposed new bri rl= aan`a mvement b. Number of lots or parcels N/A . c. Density (Give the number of residential units and the units per acre.) N/A d. Sits of area to be graded or disturbed e.. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and 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. marl, asphalt pavement 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. none j. Have N A facilities received state or local approval? k. Des r be existing treatment facilities. L Describe location and type of discharges to waters of the state (for example, surface'runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). 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 o. If the project is on. the oceanfront, what will be the elevation above mean sea level of the first habitable floor?- N/A 6 EXCAVATION AND FILL INFORMATION -a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). . Access channel (MLW) or 0, WL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below NEW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards 150 Length Width Depth 66 20 •3- .?.5 e>ACA to 15 < Zo y<_<<< e. Type of material sand d. Does the area to be excavated include marshland, swamps, or other wetlands? yea e. High ground excavatihe cubic yards 3 ?f; ? ?L4 Vrl Dimensions of spoil disposal area C. ii re Le erosion during preceding 12 months, in N/A .4 S. Location of spoil disposal am N/A d f? of bulkhead -1 L lh. Do you claim title to the disposal area? - - If not, attach a letter granting permission from the owner. j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? _ Yec 1. Amount of fill in cubic yards 50 M. Type of fill material _ c ,GhPa stong, n Source of fill material _quarrY o. Will fill material be placed on marsh or other wetlands? LPG P. Dimensions of the wetland to be filled 5x5x4 locations q. How will excavated or fill material be kept on site and erosion controlled? By cofferdam and sides o ex' i ng bulkhead. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? drags ine C-3 ?AMPWW of f ill , in ?ii Kyards, to be place Cd w mean high water, - All, - i•:y? f. Type of fill material DIVISION Or COASTAL MANAGEME? 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: - A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then 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. 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 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line gw,23 prints or other larger plats are acceptable only if W 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. be taken to lessen environmental impacts. A stormwater managenient plan, if applicable, that may have been developed in consultation with the Division of Environmental Managemem s. Will wetlands be crossed in transporting equipment to project.site? nn If yes, explain steps that will 7 SHORELINE STABILIZATION a. Length of bulkhead or lima! N/A b. Average distance waterward of mean high water or normal water level IM9 r. Will a disposal area be available for future maintenance? If so, where? 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 prof Q . Management and sho t f •' r `ap 1+ t of that opportunity. JUL 10 WR DIVISION OF COAST^I_ 1`i;.C`k /-.GE%14ENT 3 Name Raymond E. Hughes Address 220 Washington Acres Road Hampstead, NC 28443 Name 01de Point Development, Inc. Address c/o c u am P.0; Box 665; Hampstead, NC Name ?. Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 250 E. H. N. R. A check for $29 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. 113A- l 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. This is the J/?//X_ ,19`? X_ Landown#,4f,Rutb6rized agent Div153WN COASTAU- t?M %AUG 1`Y [ D'1mm W .1111 ! 1 1992 mvlsION pF COASTAL MANAGF-MEg do -9 AUG 119 x o A trAAU bM ?. ?blSbo3 DIVISION OF a MT OW NAGEE m ¢ • „ w wf o p? 9 V ,• p M n r{ a M w i n i £ N l M l4 ?i ' ~ y ? • t r ?1r ? ? ? Z ? i p •?,?L? 1 ? - ?." f .5?h?}.????t?llf?1 ?? P'a- r ? J I ? ? ? od.' o n w \ ,. : fl ? ; 1t .f •`t - ;? j - ?? y : _ 1` ? w M ? ? f r, I ' rn? n « w \\ {• _ _-_-- •'-yam =-j-- =:?''= •?::•.:..:•--`':!., i '' ` oa•'?srj, ??'? `. ? ? ?, '•.•?.: 'ri.. y •ti o ? ? • t x , 3 ?I? +; j M I '_ 7 ? ? Ofo a?I ? M ` w MP fk ? ? ? b ? Q . Jy ! : f ? l ? Y x C*4 '4f ? i £ f /w ?1 y ? • ,? ?. ?i 1yO? ? - ? I :? ? bl.?- _ ? l CF ? 4 vll ?.l 4 s p M ? EEE ?• y1 Al fe 1 ( + r?Mv.• ?' ? t.; : • - e 0 h }bpi i ? i `? •-:.M to _ o = ` ? .- ?? .?. _t.. •X N O w ? t JUL 10 1492 " " e F VISION 0 0°- DIVISION OF c s? COASTAL MANE COASTAL MANAGEMENT _ °?r v ? 4v ?G /i ?••? A. AG-•V`ON??t.. . ariFY? s7.rir 7'.vi>' .ko. •as? OL4ivy /y MO i F.C'C1-4'V aCT!/QG S'U.OrG!/ MIOL CI.?Oi: ' ,wr .S!/.nE4. Y/i/J.?// f,C'GM /NfOQiy4)%ON F4wovo /N T.VG GtFFJGL C?/T.YE L'EA`/JT?C< G`? O110S G? /?GNS'd2 COtiNn? AP 44Z',r W K6C60N, T,VgT rvL C.000ir q? GLOSUad A7 CALC!/LAr? iy LAr/7t/G?7 .4A,1-0 LMfA ¢lt/af? /e' i•vo, e%:20+. rc:er 7a? Bcrivcio t?6? 'vor s?/vr? t'EO .a zc i',vO.s?V AS =OrE.v d/NLry' /YOrrt? Fr /VFOtM/:/GiV fGLa?! /N 1r.E Wf/C6*00'7AoW 6LiisTL.e .O? LtGEOS OT PGNOE,t GOL/.V7Y As .V071T.0 .va;C6gn/, rw'.Ir rwle /NAr /Yi11 P.QEIA<60 /N ,IctGiQ/,tq,yr•L IYifv O.F i7-30 .oS A.NEI/OLO /Y1rv06s wiy AVA.vo ANO SEAt.. T •ve OO ?' os ,?/.ov, .?,a ??,,., .• A N o... /t C. uic ?rio?i'o ?a. Alit 7 1992 DIVISION 0 NT COASTAL MANA E r- A .i v m V r' f ,vcsis•or'e . ?1 KY ?12s•. ` C c'itt9?'7s w' V O 1 /r.?Ey,y L6I7/S ?r err e• :ar6 .Os .Cris/sr? ?Fo,PS . o.r sxG /? se.At •yy Gam' . r ?M rEee jiooo t n H ?: q?pp t I//GN ? ' ?. . ara ? w 0 b y h h '!F . lr x' ? .ss/'ss st c?c rr.. S I Z. 1 t f ,? ? I sso'sz'?,w I sus3o?ir Ago. iQpG,2A? QOAO ?,o,E a 1 OLDS Pi0/NT SECT/? ?V PE.VO? COUNrASE 3c 0o a I OLOE PO/NT SccT/ON 4 -Q V ? ? O I PiNOE,¢ CO. IBdi. I re.4me,CSE ,OLON6 . •V/6A/ /?4TE4 L/.t/E -wwoAr lr-r0'P• - LOT /-4 o?.Wr OE4E/Nir ?7/`rq,VeL x- o o- /s'n' - N G 10'Ot '?' .i aTA/r.?S MA.EAL ,?y ? 'O? R?jfpj. ,illN 11 ?.?s MA,? ,?.? .v° o.- SA,?7 L.OTS• Ar T,vE APP,¢pX/'bWT .V N'ATi.Q L./N!? Or?'?O DIVISION OF JUL 1© 1992 K COASTAL tyAAGI`MEJ DIVISION OF COASTAL MANAGEMENT /.OriS / nwac/ /O lee 6`//OIY,t/ /4'E.660N 6XTEN0 FROM w'ster•:at eu?rE ?/ ' r A rn ly V S , e ? :I. • ; ?• I I ?i rn I i c y v C-) A L iC/) I I I J I I i t I I i i I Imo '. _ _ ?<//? - - - - - - - -r - 1 ? N c cn -i N s N®nµt??,jSt.A? ' F m C i? rn m l ?-?' a p O '?1=x rm 1n t+, W ,_ I ?N L Z- R- D z? N? N< m T- m I 3 in N ?p m? A A'-4 Z- _140 1> V, 'A-" Q -v T 4"" -ri o , N (P ?? m I = d II 4 rn 0 1) ? T T- - 7- rn N N N. m T T- zrn r N m 1C 7- - - m m .a :p N z c3 D• ? < a ? m m D `J air. n 1 d m m m -I X I ?I Ir? A"2 I 1 p"" - I- m3?? I -? I -?I m3 ? I oD I in aI ?? ?? G ` N Iz fl* Y, O ' ~ ^ m ={ I J, N AUG ?I 0 fQ ??f?f'If I I of in n m 3 0 v L 3 m DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT i 1. Applicant's name Olde Point Associates c/o Norman Pinson 2. Location of project site Crossing Nixon creek fa tributary to Olde Topsail Creek) in the O1de Point Subdivision, on SR 1609, off of Highway 17 in Pender County, just north of Hampstead. .PHOTO INDB: 1989: 171-1, grid 9-P 1984: 22-243, grid 3,4-F STATE PLANE-000RDnMTES: B: 2403000 Y: 230000 3. Investigation type: Dredge & Fill R CAMA B 4. Investigative procedure: (A) Dates of site visit 6/16/92 8/12/92 (B) Was applicant present No No 5. Processing procedure: Application received cc 8/7/92 Office WiRO 6. Site description: (A) Local Land Use Plan Pender County Land Classification from LUP Conservation (B) AEC(s) involved: ocean Hazard Estuarine Shoreline X Coastal Wetlands Public Trust Waters X Estuarine Waters X Other ORW (C) Water dependent: Yes X No Other (D) Intended use: Public Private Community X (E) Type of waste water treatment: Existing None Planned None (F) Type of structures: Existing Bridge Planned Bridge (G) Estimated annual rate of erosion N/A Source K/A 7. Habitat description: AREA Dredged Filled Other (A) Vegetated Wetlands: (B) Non-vegetated Wetlands: (C) Other: Shallow bottom 1906 s.f. (D) Total Area Disturbed: 1906 s.f. (E) PRIMARY NURSERY AREA: YES B NO (F) WATER CLASSIFICATION: SA-ORW OPEN: YES X NO 8. Project Summary The applicant proposes to replace the bridge crossing over Nixon! f 1 0 9. i' PRWECT DESCRIPTION The project site is a bridge crossing Nixon's Creek on SR 1609 in Olde Point Subdivision, north of Hampstead in Pender County. Nixon's Creek is a tributary to old Topsail Creek. The waters of the creek are classified SA - ORW by the Division of Environmental Management. They are designated as Primary Nursery Area by the Division of Marine Fisheries, and are open to shellfishing. The Pender County Land Use Plan classifies this area as Conservation. The creek bottom here is silty, with the presence of oysters. The Olde Point-Bridge was constructed prior to the passage of the Coastal Area Management Act. The existing filled causeway is approximately 320' long on the east side of the bridge, and 160' on the west side of the bridge. The causeway is approximately 120' in width. The paved roadway is approximately 21' in width. This causeway is located in a continuous span of Snartina alterniflora marsh containing intermittent Juncus roemerianus. The span of the bridge is approximately 24' across. The bridge is elevated approximately 16.5' above the creek bottom, or approximately 13' above mean high water. The creek enters the bridge at approximately 50' in width and is immediately reduced to the span width of 241. The upstream width and flow of the creek appears to' have been determined by this structure. The applicant is proposing to replace the bridge. For economic reasons, he proposes to place a precast concrete structure within the confines of the existing bridge. The proposed structure is 1718" wide, 66' long, and 14110" high. The structure will lie inside the bridge span, and will extend beyond both sides by 'approximately 211. The structure is similar to a very large culvert. It will be installed in the creek approximately 4' below the existing bottom. Compacted fill material will be placed between the walls of the new structure and the walls of the existing timber bulkheads of the bridge. The existing gap is approximately 2.5' in width along each side, and 4' over the top of the structure. The thickness of the proposed structure walls is 10" along the sides and top, and 24" on the bottom. This leaves an opening of 16' in width and 12' in height (less the tidal amplitude). Because the structure is submerged, the navigable opening is approximately 16' wide x 11.51high (once again, without tides). According to the applicant, there is 2.2' of water depth under the bridge at mean high water. This depth appears to be the result of the failed bridge abutments. Sediment has broken through as the walls have corroded, and has built up to a level where it supports a dense bed of oysters. This inhibits navigation directly under the bridge. There is a 2' wide run through the oysters on the east side of the bridge. There appears to be 4' of mean high water depth here and in the adjacent creek on both sides of the bridge. This would be eliminated by the placement of the proposed structure. The structure extends beyond the current bridge boundaries by approximately 21' on each side. There are to be "wingwall" type structures to prevent the buildup of silt in the "culvert" openings. The sides of each end will have a wall 2' in width extending for 20' beyond them. There is to be rip rap placed to the front and side of each of these wingwalls for erosion control. The four rip rap structures will approximate 15' in width and 10' in length. The adjacent high ground will also be filled to support the project. This will involve four areas approximately 20' x 271. There are many residential pier structures in the Olde Point area. There appears to be only one such structure on the upstream side of the bridge structure. 10. ANTICIPATED IMPACTS The width of NixonIs Creek. appears to have been established by the placement of this bridge structure originally. The width is reduced by 50% from the point where the creek enters the bridge to the immediate upstream side. As one moves upstream, the low marsh gives way to high marsh as the flow decreases. Placement of this precast structure rather than another bridge as currently exists would further restrict the flow of water to the upstream side of the bridge. As well, the navigable area would be reduced from 16.5' in height and 23' in width, to 11.5' in height and 16' in width. The height at high tide would be approximately 9'. This is a 30% reduction in both height and width. The most navigable area would be eliminated. The structure itself would fill approximately 1166 square feet of productive bottom. The supporting wingwalls would fill approximately 160 square feet of bottom. The rip rap erosion control would fill another 600 square feet of the same. Submitted by: Tere Barrett Date: 8/11/92 Office: Wilmington t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 28, 1992 Regulatory Branch Action ID. 199203379 Mr. John Dorney Water Quality Section Division of Environmental Managemen North Carolina Department of Envirc Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: S: October 26, 1992 SEP Enclosed is the application of Olde Point Associates, represented by Mr. Norman Pinson, for Department of the Army authorization and a State Water Quality Certification to replace a bridge over Nixon's Creek on S.R. 1609, Olde Point Subdivision, near Hampstead, Pender County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by October 26, 1992, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Jean Benton, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4611. Sincerely, ne Wrig t Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): 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 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 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 relevaru to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. If you plan to build a marina. also complete and attach Form DCM-MP-2. b. y APPLICANT r- 4 LAND AND WATER Olde Point Associates project be for community, private, or L Name --: `. `J -commercial use? Mr. Orman inson , -? "`Corimiunity Address P.O. Box 249 Ci ty Hampstead State NC r ± G,- 7 T%ncribe the planned use of the project. Provide bridge for traffic to Zip 28443 Dayphone 919-270-2796LitVl§lbN ?- e oLn ivision x Landowner or A b. Project name (if any) Replacement Nixon Creek Bridge c. If the applicant is not the landowner, also give the owner's name and ?? nCInNI Qr 2 LOCATION 0BaPR0FRQSEM1V;DNT PROJECT a. Street address or secondary road number Olde Point Road b. City, town, community, or landmark Olde Point CHARACTERISTICSb,VistoN OF L Site of entire tract N ASTAL MANAGLtvrL-Mv b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 16.0 d. Soil type(s) and texture(s) of tract N/A e. Vegetation on tract f. Is the proposed activity inainte me of an existing project, new work, or both? - Replacement of existing bridge N/A Man-made features now on tract bridge, bulkhead and roadway What is the CAMA Land Use Plan Classification of the site? (Consult the local land use an.) Conservation Transitional Developed :FU_ Community Rural Other c. County Pender g. d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Nixon Creek 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) Remove existing bridge, construct pew bridge I R g?.b 337 f' IL How is the tract zoned by local government? planned development i. How are adjacent waters classified? SA j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? 1=9 4 PIlf' 7 1992 yyl I IS t. 5 UPLAND DEVELOPMENT eiOjq 0 J 177E n niy ,t nF Complete this section if the project includ i ??n eft Fa L development. I1t,I11fiuEMENT nly?C!Cli4RQl= ;"^^ a6?MFNT , -- .0w.- pIT a. Type and number of buildings, faciliti es, or m. Water supply source ' N/A st7uctumsproposed new hri dge and pavement n. If the project is oceanfront development, describe b. Number of lots or parcels N/A the steps that will be taken to maintain established public beach accessways or provide new access. c. Density (Give the number of residential units and the - N/A units per acre.) N/A d. Size of area to be graded or disturbed o. If the project is on the oceanfront, what will be the 4.000 so 'Pr elevati on above mean sea level of the first habitable e.. If the proposed project will disturb more than one floor? _N/A 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 6 EXCAVATION AND FILL control plan been submitted to the Division of Land INFORMATION 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. _a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. marl, asphalt pavement 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. _none j. Have these facilities received state or local approval? N/A L Des Abe existing treatment facilities. L Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). 2 Access channel 0,11-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 66 20 4 45 COW% efv-n to 15 T<<a <«< >< " ' " E? 4 2 Pte ` ' b. Amount of material to be excavated from below water level in cubic yards 150 c. Type of material sand d. Does the area to be excavated include marshland, swamps, or other wetlands? yea e. High ground ezcavatithe cubic yards 1289 L Dimensions of spoil disposal area C. Sliorela?e erosion during preceding 12 months in N/A 4UG1 499- g. Location of spoil disposal area N/A V V1 'v of bulkhead r..Yards? X41 VTd,?X of fill, in to be placed W IL Do you claim title to the disposal area? mean high water ,?,,;s ys If no attach I t, a otter granting permission from the owner. f' L Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, ttwamps, or water areas? f. Type of fill material DIVISION COASTAL MANA 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: kr Will the fill material be placed below mean high wafeo Yes 1. Amount of fill in cubic yards 50 m. Type of fill material crushed st onP n. Source of fill material quarry o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled 5x5x4 locations q. How will excavated or fill material be kept on site and erosion controlled? By cofferdam and sides of existing bulkhead. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragl ine 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 L Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properly. 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. 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 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line gw,23 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 or the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed pmj Management and sho 't ems' y4' ap?)a t of that opportunity. JUL 10 IM DIVISION OF COAS71 L Pi:. J"-.CEWIENT 12/89 3 Name __Raymond E. Hughes Address 220 Washington Acres Road Hampstead, NC 28443 Name Olde Point Development, Inc. Address c/o Vicki u am P.O. Box 665, Hampstead, NC 28443 Name T Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 250 le", D.E.H. N- R. A check for $NP made payable to te Department of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. / This is the LandownAuth6rized agent 7 ?"7" 11 s :?? 1992 t?vrs?ar? COASTAL- gnl? d M '`19$ Rrf AUG 7 .11N 11 1992 bIVIS10N OF COASTAL MANAGEMENT 4 AWn (7 W 41 U 1 G c bM 1 ylSb '~ 00 b 1 DIVISION OF N w 1, NAGEME T m ¢ I• , , ? a ey K + V r y ? P V 1 `? x J .T p O ?? f • ? .,, vl to h ?? • ? ? M ? ^ ? s In ^ n w ^ •• ? ' w f • ` N If 14 :- 4z 19 4, ? ? ? N N .^ \ O w V 4 ti o C$ r kM ? i 1 7 \ 9 ? M 4p. ? ^ / 1? I ?? 1 I I e e l m I ?? ? , Ajk. I X 1./??'l •t ? • a," 1'L y??'?!???f•R?Rt'?? ?1?` > ? j I ? R pd• ?oJ •, •, ? o v A- ? e m v M w be ~ .A ? ?' n QO N ' Z b f?. M • wrk 40 ?=.; ? .: ?•_.., !, ? . > Cal ? `- ?4?;? 1 1794 JUL 10 1992 VISION oz ? ? OF DIVISION OF s COAS 5 AL MANE •o cc COASTAL MANAGEMENT W L ?? f r 6:s Uu ?• i+U V 11 IV4 DIVISION ? NT V COASTAL MANA E - o6Pt?pV \b ?h Z rEee fl?ooo ti / % ??, .. v a 2_ s 44 -r' P: ? 3 x ? ?? h t. M O h N h n h ^ V 2 h h ?Ih ? I ? I a V 0 %t'tG%Y I Si0'i?'1[?iY' I SGC•r3v1 y 'a':s ~' GQA?SS' .POAO ?P.E COQ OLDS A06V7' SECT/. MAO GGi7l 20 A"Ar Sc PEiVOEA2 COU.V! j/ cAss. /O ., I Ex/ X NR/Gtr .ss /N TN? NTG'.CL/.VL ?+.fC' O Opp ?? N . e7'Ar«. MACK ?. J??JG,?y? ? t I I IN 1 1 ,.eC / rN.QU /I, S'G%?tf/s'3•A A.vO /.¢O 1 ? l T.I.C?S Mp.Q.C T.?G .01W SA/O Lo'. AT T//E APPLZOX /.yfA N /YATiL! DIVISION OF JUL 10 1992 ] • COASTAL MANAGEMENT DIVISION OF COASTAL MANAGEMENT t onr / nv v /0 Iva i'./Ow.v A/"-wol.v KxTC.vp FsPgM T.vt M„"I?ryyyrE-sTt,?,v R?I? L/.tG G!F' Cotoi.e? :? 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N n w • ?l n i?G ry -n rn j d m ?' 10D ??q?qq I I AUG 7 if (? o r- ?IVF??b N l I m L ,:-?ij m I i?T ? ?0 f i s s3 ? P" p? ?? P F- Vs ?y O D -30 .? rn v N? D ma m 3 ? L 3 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Olde Point Associates coo Norman Pinson 2. Location of project site Crossing Nixon Creek (a tributary to Olde Topsail Creek) in the Olde Point Subdivision on SR 1609, off of Highway 17 in Pender County, just north of Hampstead PHOTO INDX: 1989: 171-1, grid 9-P 1 - 4- 0 STATE PLANE-COORDINATES: X: 2403000 Y -- rnR 3. Investigation type: Dredge & Fill % 4. Investigative procedure: (A) Dates of site v_si 6 16 92 8Z12 92 (B) Was applicant p=ese}Rt;',y!TL&s 5. Processing procedure: Application received cc 8/7/92 office WiRO 6. Site description: (A) Local Land Use Plan Pender County Land classification from LUP Conservation (B) AEC(s) involved: ocean Hazard Estuarine Shoreline X Coastal Wetlands Public Trust Waters X Estuarine Waters X other ORW (C) Water dependent: Yes X No other (D) Intended use: Public Private Community X (E) Type of waste water treatment: Existing None Planned None (F) Type of structures: Existing Bridge Planned Bridge (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: Shallow bottom (D) Total Area Disturbed: (E) PRIMARY NURSERY AREA: 1906 s.f. 1906 s.f. YES X NO (F) WATER CLASSIFICATION: SA-ORW OPEN: YES % NO 8. Project Summary The applicant proposes to replace the bridge crossing over Nixon's Creek on SR 1609'in Olde. Point Subdivision. 9. PROJECT DESCRIPTION The project site is a bridge crossing Nixon's Creek on SR 1609 in Olde Point Subdivision, north of Hampstead in Pender County. Nixon's Creek is a tributary to Old Topsail Creek. The waters of the creek are classified SA - ORW by the Division of Environmental Management. They are designated as Primary Nursery Area by the Division of Marine Fisheries, and are open to shellfishing. The Pender County Land Use Plan classifies this area as Conservation. The creek bottom here is silty, with the presence of oysters. The Olde Point Bridge was constructed prior to the passage of the Coastal Area Management Act. The existing filled causeway is approximately 320' long on the east side of the bridge, and 160' on the west side of the bridge. The causeway is approximately 120' in width. The paved roadway is approximately 21' in width. This causeway is located in a continuous span of Spartina.alterniflora marsh containing intermittent Juncus roemerianus. The span of the bridge is approximately 24' across. The bridge is elevated approximately 16.5' above the creek bottom, or approximately 13' above mean high water. The creek enters the bridge at approximately 50' in width and is immediately reduced to the span width of 241. The upstream width and flow of the creek appears to have been determined by this structure. The applicant is proposing to replace the bridge. For economic reasons, he proposes to place a precast concrete structure within the confines of the existing bridge. The proposed structure is 1718" wide, 66' long, and 14110" high. The structure will lie inside the bridge span, and will extend beyond both sides by approximately 211. The structure is similar to a very large culvert. It will be installed in the creek approximately 4' below the existing bottom. Compacted fill material will be placed between the walls of the new structure and the walls of the existing timber bulkheads of the bridge. The existing gap is approximately 2.5' in width along each side, and 4' over the top of the structure. The thickness of the proposed structure walls is 10" along the sides and top, and 24" on the bottom. This leaves an opening of 16' in width and 12' in height (less the tidal amplitude). Because the structure is submerged, the navigable opening is approximately 16' wide x 11.51high (once again, without tides). According to the applicant, there is 2.2' of water depth under the bridge at mean high water. This depth appears to be the result of the failed bridge abutments. Sediment has broken through as the walls have corroded, and has built up to a level where it supports a dense bed of oysters. This inhibits navigation directly under the bridge. There is a 2' wide run through the oysters on the east side of the bridge. There appears to be 4' of mean high water depth here and in the adjacent creek on both sides of the bridge. This would be eliminated by the placement of the proposed structure. The structure extends beyond the current bridge boundaries by approximately 21' on each side. There are to be "wingwall" type structures to prevent the buildup of silt in the "culvert" openings. The sides of each end will have a wall 2' in %Vldth extending for 20' beyond them. There is to be rip rap placed to the front and side of each of these wingwalls for erosion control. The four rip rap structures will approximate 15' in width and 10' in length. The adjacent high ground will also be filled to support the project. This will involve four areas approximately 20' x 271. There are many residential pier structures in the Olde Point area. There appears to be only one such structure on the upstream side of the bridge structure. 10. ANTICIPATED IMPACTS The width of Nixon's Creek appears to have been established by the placement of this bridge structure originally. The width is reduced by 50% from the point where the creek. enters the bridge to the immediate upstream side. As one moves upstream, the low marsh gives way to high marsh as the flow decreases. Placement of this precast structure rather than another bridge as currently exists would further restrict the flow of water to the upstream side of the bridge. As well, the navigable area would be reduced from 16.5' in height and 23' in width, to 11.5' in height and 16' in width. The height at high tide would be approximately 9'. This is a 30% reduction in both height and width. The most navigable area would be eliminated. The structure itself would fill approximately 1166 square feet of productive bottom. The supporting wingwalls would fill approximately 160 square feet of bottom. The rip rap erosion control would fill another 600 square feet of the same. Submitted by: Tere Barrett Date: 8/11/92 Office: Wilmington Please type or print. Carefully &scribe 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 1-4 and 8-9 must be completed for all projects. If you plan to build a marina, also - complete and attach Form DCM-MR2. b. Is the proposed activity maintenance of an existing project, new work, or both? Replacement of existing bridge 7 APPLICANT r use project be for community, private, or a. Name Olde Point Associates *? - t comm rcial use? Mr. onnaninson iurtunity Address P.O. Box 249 r i Hampstead NC ? A,, ?;' City State V.7Describe the planned use of the project. Provide bridge for traffic to dip 28443 Day phone 919-270-2796 e Point Subdivision x Landowner or b. Project name (if any) Replacement Nixon Creek Bridge c. If the applicant is not the landowner, also give the owner's name and €5` Join 1 1 2 LOCATION ouTk6FR0_ ?f, "dT PROJECT a. Street address or secondary road number 01de Point Road b. City, town, community, or landmark C. County Pender d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Nixon Creek 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). Remove existing bridge, construct new bridge 4 LAND AND WATER -5"- CHARACTERISTICSbIViSiON OF L Size of entire tract N?QASTAL MAh? E1Qt' b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 16.0 d. Soil type(s) and texture(s) of tract N/A e. Vegetation on tract N/A f. Man-made features now on tract bridge, bulkhead and roadway g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use an.) Conservation Transitional Developed Community Rural Other IL How is the tract zoned by local government? planned development L How are adjacent waters classified? SA j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? 12/89 'kt4 Ai??. ?r "` 1992 1? b v9z ?, . 5 UPLAND DEVELOPMENT 1 JN b nwicinm nF Complete this section if the project include ,4LT L MANAGEMENT nivici J}n development. J' vvnv ?ru- a. Type and number of buildings, facilities, or m. Water supply source ' N/A structuresproposed new bri dw and pavement- n. If the project is oceanfront development, describe the steps that will be taken to maintain established b. Number of lots or parcels N/A public beach accessways or provide new access. c. Density (Give the number of residential units and the N/A units per acre.) N/A d. Size of area to be graded or disturbed o. 4,000 SO FT 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. If the project is on the oceanfront, what will be the elevati on above mean sea level of the first habitable floor?N?/A 6 EXCAVATION AND FILL INFORMATION -a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. marl, asphalt pavement 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. none j. Have Nth= /A facilities received state or local approval? It 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").. Access channel (MI.W) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill are-as 66 20 74- -z -- '` eP4N IC) lrJ ?` 4)Z-7 Za <>> >;:><:: b. Amount of material to be excavated from below water level in cubic yards 150 c. Type of material sand d. Does the area to be excavated include marshland, swamps, or other wetlands? yea e. High ground excavati a cubic yards 17A9 9. . fir! t?'1 (! r,.'t .??!?, ?4 ?"` 4p.7 •`'rL iii ??!% ?' ? !II ?? Dimensions of spoil disposal area C. Sh?ri?a?e erosion during preceding 12 months, in N/A ??- '??c'1FCet Location of spoil disposal area N/A d. ,Type of bulkhead ?a 1IN OF h. Do you claim title to the disposal area? ??? of Yes to be laced ` r::.. P w If not, attach a letter granting permission from the owner. mcan high water - ? j III - . r, K-s f. Type of fill material DIVISION COASTAL MANA 8 ADDITIONAL INFORMATION L Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? IL Will the fill material be placed below mean high water? Yes 1. Amount of fill in cubic yards 50 m. Type of fill material crushed st nne n. Source of fill material quarry o. Will fill material be placed on marsh or other wetlands?LPG p. Dimensions of the wetland to be filled 5x5x4 locations q. How will excavated or fill material be kept on site and erosion controlled? BY cofferdam and sides of existing bulkhead. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? drawl ine s. Will wetlands be crossed in transporting equipment to project.site? nn If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION L Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level ,7/40 In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then 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. 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 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line aw ,73 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 storrnwater 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 proj -"f Management and sho r ?i `^ 8p li t of that opportunity. JUL 10 1991 DIVISION OF COAST^I_ P,-,:!1r CE 11iENT 11 Name _ Raymond E. Hughes 't Address 220 Washington Acres Road Hampstead, NC 28443 Name Olde Point Development, Inc. Address c/o Vicki u am P.O: B8x 665, Hampstead, NC 2844 Name r' Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 250 n. E. H. I?. R. A check for $10 made payable toe 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. 113A-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 mariner 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 of , 19?? X j/// Land owntfKuth6rized agent \: /` lift COASTAL- AGE - C1'?bl ,t?t? 1 1992 mvisloN, OF COASTAL. MANAGEMENT AUG m, Q (L) o ?bMt131bM -7 b1Sbp., N DIVISION OF cc, m n j NAGEME_ T ° C n `Y ? r +. M y ° r 0 ? V M ?• In H ? C ? ? ? N '• I (? r r ^ A .?. ^ 11^I ? ? M ' • ? N d - n h • r?- .? h n ? 1 M r r l ~ ? ? n ? i r• n? w 4 F n Ail S/f?r. I ? ti ? 'AOJ~?3Y ?I,M,N. N '/! ' _'111' I ? ! g m of ..!?_I';1•'•.; '•'•>ti ? °. N 1 e h 61 :? 7 I r r Q T e9 « 00 'JUL 10 1992 „ e vVIS!ON QF °o DIVISION OF COASTAL MANAGEMENT W L os COASdL MANE -"` t La? AUG DIVISION 0 NT COASTAL. MANA E , VW ma`r' 101, . ??VUtQ?n?A 00 p6?? pt,?OV ? ?Qw i, a:c??N A. AG•V`ON ?.?., •?T?FS? ?j/ir svi? .tt?. •a s• o.Ca/vv l j? ME, FKci•/ 4.V 4GTt/4.: SU.•PI'C? MIOd Ci-v0?: ' .w? SUCE.B Y/L•/J•?j f.L•'G.?I /NFOQ?747%ON FGY,+vO /.V T?JG pf'F: GG A?TNE <'fL•/JTG< C?OC.COS LR? F?NS'Gr.2 COUNry? .Of` ?ytpTtfO /1f?C60N, fN.Or T. /.? t.4.¢o.?t cif ct osuo6 A.S C.OLGY/LAr? Bj? 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Af.4A , AT Tf/•E APP,¢OX/N/4TI blVIS10{V OF COASTAL MAi4AGEMEJ NOTE LOT.r / Tiveu /O A,43 6'floif'N NFeEON EXTE.vo FQO,,T rgoo fZ .. `•i 6j W I, b al h! z v . t ` s l 6 I 1 1 1 f .tl'X 7b' ?su.vresMr. ??• ?• ?i2'IG%?' •S?s1:?.w Scc'r3ofir SL/•SL•51'/Y t2'G?? 7 ` C,y. 9•+R?f' C.V /OO.OL' CN. /Op. ??, GK tJ of ' sse i?G'2dN' //,Z.,"* 7 c? /ao.??' c ? 9? ssr'y?'tc w G,2AS5' .?O'40 ?,of s. .>, ?.• .vim,/?,?? ? Cp,20 cr Nif•32'?G•L C4<?E4/ Zs?Qaz,ts6 Zrao, c . /. e. N OLDG°' PO/NT SECT/ MAP 6GL7,G 2O PG6E ,3i PE.vvE¢ CouNTy ,eEB. /o JUL 10 1992 DIVISION OF COASTAL MANAGEMENT /E D 3 ~ ) A ? -A . t? rn rn ?r n m ly to V F n IN N Y '?- r a 0 ? A ? -n IUEHI?- "FA T- C r 3 N d < irk = _= _ -- ?- - --- ! -t L S r-' !Z i;3X L3 7- M rn F -{ m ? z? VT1 s p m rmrn N ?0 rri .0 T-rO rn 04 Z- (P T- F: Tj rn m m a ` 0 d ?p ?N (P M z- T- S-4 Z- ?an ? I m? -?i F3 d V C i( (-) A r) T- - 3 N r f , Sl? An z O v Z rn T- - m 7- m N z m D C) a rn V CTS --A I X Ns.- I ps x ? m3?? I c ml I LI I ??I m L? L ?? 'Z,,1f of I v 0 -L m `t•• ??l:Inn I? I b.? AUG Dl•?ilsf?1?1 Q?f ? cn I I I V o m i i s3 I s? r i D? ?S ?s ?D ^N J r3 J j T Al crn A o'J ? Q -C m 3 ? L DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 rrp IN REPLY REFER TO September 28, 1992 Regulatory Branch Action ID. 199203379 Mr. Norman Pinson Olde Point Associates Post Office Box 249 Hampstead, North Carolina 28443 Dear Mr. Pinson: JI ?r i Reference your application for Department of the Army authorization to replace a bridge over Nixon's Creek on S.R. 1609, Olde Point Subdivision, near Hampstead, Pender County, North Carolina. Through coordination with Mr. John R. Dorney of the North Carolina Division of Environmental Management (NCDEM), we have learned that he requires additional information necessary to process the required Water Quality Certification. You should immediately provide the requested information as obtaining a Federal permit is dependent upon your meeting NCDEM requirements. We would appreciate receiving a copy of the data which you provide to NCDEM. Questions or comments may be addressed to Ms. Jean Benton, Washington Field Office, Regulatory Branch, telephone (919) 251-4611. Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished: 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 Mr. John Dorney Division of Environmental Management N tth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845