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HomeMy WebLinkAbout19930186 Ver 1_COMPLETE FILE_19930413DEPARTMENT OF THE ARMY p U WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 NOV - 91993 WILMINGTON, NORTH CAROLINA 28402-1890 November 1, 1993 WETLpNDSGROUP IN REPLY REFER TO WATCD ni I Ju ?, , Regulatory Branch Action ID. 199301324 Mr. George E. Kidder Town Creek Lumber Company 1622 Country Club Road Wilmington, North Carolina 28403 Dear Mr. Kidder: Reference your application for Department of the Army authorization to excavate and fill wetlands adjacent the Cape Fear River associated with construction of a 4.5-acre waterfowl management area, 7 miles south of Belville, Brunswick County, North Carolina. Through coordination with the North Carolina Division of Environmental Management, we have learned that you have not furnished information necessary for them to process their required authorization. You should immediately provide the requested information as Federal authorization is dependent upon your meeting their requirements. Please notify us of your intentions within 10 days of your receipt of this letter. If we do not hear from you, we will assume that you are not interested in pursuing Federal authorization at this time, and your application will be retired. Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4629. Sincerely, i G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished: John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 GEORGE E. KIDDER 1622 Country Club Road Wilmington, N C 28403 Phone (919) 763-4394 ? U State of North Carolina IVA Department of Environment, Health and Natural Resources AT4*01 Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1:3 E H N F1 A. Preston Howard, Jr., P.E., Director October 8, 1993 Town Creek Lumber Co. c/o George Kidder 1622 County Club Road Wilmington, N.C. 28403 Dear Mr. Kidder: DEM Project # 93186, COE Project # 199301324 Brunswick County On 8 March 1993, you requested a 401 Water Quality Certification from the Division of Environmental Management for your project (dike repair) located at N.C. 133, Belville in Brunswick County. We wrote to you on 21 April 1993 discussing concerns that we have regarding the design of the project and placing it on hold until those concerns are addressed. As of today, we have not received a response to our earlier letter. Unless we receive a written response from you by 29 October 1993, we will consider that you have withdrawn this application and are not interested in pursuing the project at this time. Please call me at 919-733-1786 if you have any questions or would like to discuss this matter. Sincerely, J J 1? T Dorney z . . Wetlands and Technical Review Group 93186.wtd cc: Wilmington DEM Regional Office Wilmington District Corps of Engineers r Central Files Charlie Hollis John Parker; DCM P.O. Box 29535, Raleigh; North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer W% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199301324 April 19, 1993 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 r"r °?. P,R 01993 ?l Dear Mr. Parker: Reference the application of Town Creek Lumber Company, represented by Mr. George E. Kidder, for a Department of the Army permit to excavate and fill in wetlands adjacent to the Cape Fear River associated with construction of a 4.5 acre waterfowl management area, seven miles south of Belville,??r`unsw bk County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letters of March 31 and April 2, 1993 (copies enclosed), the National Marine Fisheries Service (NMFS) and the U.S. Environmental Protection Agency (EPA) recommended that the application be denied. Their recommendations are due to anticipated adverse impacts on fishery resources and water quality. We concur with the Federal review agencies, recommendations. Questions or comments may be addressed to Mr. Rudi Schiener, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4629. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosures -2- Copies Furnished (without enclosures): tiMr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife.Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region Iv Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 'x Post-itr" brand fax transmittal memo 7671 # of pages ? v TO / From r Ci Co. Co. Dept. Phone # Fax # Fax # „a 5TH ?? rNwwm F? .s QWMN State of Nora Department of Environment, heaitn anu iNaturai rcesources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr. P.E. Jonathan B. Howes, Secretary Director April 21, 1993 Town Creek Lumber Co. c/o George E. Kidder 1622 Country Club Road Wilmington, N.C.28403 Project # 93186, COE # 199301324 Dear Mr. Kidder: The Division of Environmental Management, Water Quality Section has reviewed your plans for wetland fill for 0.68 acres of wetlands and of control water over 4.5 acres of wetlands at N.C. 133 near Belville in Brunswick County for waterfowl impoundment. Based on this review, we have identified significant uses which would be removed by this project. These are pollutant removal, water storage, and aquatic life habitat. Furthermore, insufficient evidence is present in our files to conclude that your project must be built in wetlands. 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 as planned. Specifically can you construct your Waterfowl impoundment while retaining freshwater marsh inside the diked impoundment? In addition, some removal of the existing dike will probably be necessary to offset the area of fill from the new dike. Any documentation such as maps and narrative which you can supply to address alternative 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 704/251-6208 919/486-1541 703/663-1699 919/571-4700 919/946-6481 Wilmington - Whtaton-Salern 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 If you have any questions, please call me at 919/733-1786. Sincerely, (::: t V-Tbv-c John R. Dorney 93186 cc: Wilmington DEM Regional Office John Parker, Coastal Management Wilmington Office COE Central Files Charlie Hollis MEMO DATE: TO: SUBJECT: t -A?u o, Ct??L cak'? s ?? s , v, IV'E-t P J" 5 ?L'o' w I ?- ?r K' 6/11 C--v rom: ?? tNe STATE q, . ? ? '? - ,?Vrt J? North Carolina. Department of Environment, Health, and Natural Resources 'etr? 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Printed on Recycled Paper To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKINS DATE: April 1 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 93 PERMIT NO.: 93186 COUNTY: Brunswick PROJECT NAME: Town Creek Lumber Company PROJECT TYPE: Impoundment PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: March 4, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030616 *STREAM OR ADJACENT WATER BODY: Cape Fear River CLASS: SC STREAM INDEX #: 18-(71) *OPEN OR CLOSED: Closed WL IMPACT: Yes WL TYPE: BM WL REQUESTED: 0.68 WL ACR EST: Yes HYDRO CNECT?: Yes WL SCORE: 67.5 MITIGATION: No MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: Yes RECOMMENDATION: Deny STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to create a 4.5 acre waterfowl impoundment within a 32 acre area previously managed as a waterfowl impoundment. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 15000 sq. ft IS FILL ELIMINATING A SIGNIFICANT USE? Yes DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? Yes IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: (ATTACH A MARINA USE ATTAINABILITY EVAL.) no U N/A APR 6 199(3 93186.Apr Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: A site visit was conducted on March 30, 1993, along with Cherri Smith and Eric Galamb. The project as proposed would result in the direct loss of 30,000 sq. ft. of coastal brackish marsh by the excavation and filling activities associated with the construction of the new dike. Such a loss of use (see attached Rating Sheet) is inconsistent with 15A NCAC 2B .0201. In reference to the March 8, 1993 letter to the COE from Charlie Hollis, Mr. Hollis states: that wetland impacts are avoided by abandoning the management of approximately 30 acres of the former impoundment; wetland impacts would be minimized by reducing the impoundment size to the least that which would be practicable for waterfowl management; and that wetland impacts would be mitigated at nearly a 10 to 1 ratio by abandonment of the existing 32 acre impoundment and allowing it to remain open to tidal influence. According to DCM, the area inside the former 32 acre impoundment is currently considered public trust waters/State regulated tidal marsh and that continued management of the former impoundment would also require a CAMA Major Permit. In light of this, it would seem that the applicants are not providing 10 to 1 mitigation by abandoning the former impoundment because the entire area within the existing impoundment is currently under State jurisdiction. This Office has no objection to the reduction in the size of the original impoundment, in that a waterfowl impoundment is an established use for this area. However, this office does object to filling and excavating additional marsh area for the construction of new dike area. It is recommended that other mitigation be considered for the project, i.e., removal of existing dike fill, equal to or greater than the 30,000 sq. ft. proposed for excavation and filling. cc: Central Files Wilmington Regional Office Files DCM-Ed Brooks John Parker SV.Tt a S` y to _ State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management James B. Hunt, Governor Jonathan B. Howes, Secretary March 4, 1993 MEMORANDUM: TO: FROM: Mr. A. Preston Howard, P.E., Acting Director Division of Environmental Management John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Town Creek Lumber Company/George Kidder Brunswick County Roger N. Schecter Director Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 25, 1993. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 919.395.3900 • Fax 919.3542004 An Equal Opportunity Affirmative Action Employer 1 or:-,.. Wetland area 0 Hydrologically Isolated OF-t3 ----------- Wetland type (select one) C7 Other • • C3 Swamp foresi Shoreline ° Cottomland hardwood forest C3 Stream channel o ? Carolina bay l_! malt marsh h ' • ° ? Pocosin Brackish mars • 0 Pine savannah Q Freshwater marsh • • D Wet flat :J Bog!Fen ° D Perched ? Vernal pool • • v o O u e d ° • • a • • • • • • • • • y% • • • 0 a • o • o • e • e e • • e • • • • • ° • A • • • e • • o n • • Water storage , suin Bank/Shoreline stabilization Pollutant removal 4.00 - Sensitive watershed >< x Lao - Travel corridor Wetland width; 4r-00° feet Nearest read AC 13'5 - DMSION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town Creek Lumber Company/George Kidder 2. LOCATION OF PROJECT SITE: Off N.C. Hwy 133, 7 miles south of Belville, 1/2 mile south of Town Creek, adjacent to Town Creek and the Cape Fear River, Brunswick County. Photo Index - 1989: 182-17, M-10 1984: 12A-135, S-12 State Plane Coordinates - X:2316000 Y:0138600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/2/93 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received - March 1 , 1993 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP - Industrial Access/Conservation (B) AEC(s) Involved: CW,PT,EW (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - None (F) Type of Structures: Existing - Impoundment (32 acres) currently connected to estaurine waters Planned - Impoundment (4.5 acres) (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal Wetlands 15,000 S.F. 15,000 S.F. (B) Non-Vegetated Wetlands (C) Other (D) Total Area Disturbed: 30,000 S.F. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicants propose to create a 4.5 acre impoundment for waterfowl management, by constructing a dike in the southwest corner of a previously impounded 32 acre area. Town Creek Lumber Co. Page 2 9. PROTECT DESCRIPTION The project site is located on the property known as Pleasant Oaks Plantation, off N. C. Hwy. 133, approximately 7 miles south of Belville, adjacent to Town Creek and the Cape Fear River, in Brunswick County. The entire tract is approximately 4600 acres, between the AIWW and N. C. Hyw. 133, east to west, and from Town Creek, south along the river, for approximately 2 1/2 miles. The property was once part of one of the large rice plantations which operated in this area of the Cape. Fear. At one time, large rice fields fronted the property along the Cape Fear River. The project site is the most northeasterly of these remnant rice impoundments. The applicant reports that the owners have maintained and managed this area as a waterfowl impoundment for more than fifty years. During this time, several breaches in the dike have been repaired, the last in 1986. The dike again eroded open during a storm in 1987, and has been open to the tidal influence of the river since that time. The old impoundment is located along the Cape Fear River, just south of the mouth of Town Creek. It encompasses approximately 32 acres of vegetated wetlands consisting of, primarily, cat-tails (Tvnha spp.), giant cordgrass (Spartina cynosuroides), reed (Phra,gmites communis), and sawgrass (Cladium jamaicense). The breach in the dike is located in the southeast corner of the impoundment. Tidal influence since the initial breach has eroded the opening to a width of approximately 50 feet. In the project area, the waters of the Cape Fear River are classified SC, and the waters of Town Creek are classified SC-Sw, by the. N. C. Division of Environmental Management. In the project area, both water bodies are designated as Primary Nursery Area by the N. C. Division of Marine Fisheries. Rather than proposing a repair to the old dike, the applicants propose to retreat from the high energy hydrology adjacent to the river, and construct a new, smaller impoundment in the southeast corner of the original diked area. The new impoundme a approximately 650 feet long and 350 feet wide, or an area of approximately 4.5 acre . A new dike is proposed, extending 650 feet north from . the existing south a of the original impoundment, then turning west for 330 feet to intersect with high ground. The new dike would be 15 . feet wide and 5 feet high. It would be constructed by excavating adjacent material inside the proposed dike alignment. The excavation would create a water corridor or ditch along the inside perimeter of the dike, of approximately the inverse dimensions of the proposed dike, 15 feet wide and 5 feet deep, at MLW. A water control structure is proposed in the southeast corner of the proposed impoundment. It would consist of an 18" pipe with hinged flapper gates on each end. Town Creek Lumber Co. Page 3 10. ANTICIPATED IMPACTS The proposed project would incorporate approximately 4.5 acres of coastal wetlands which are currently inundated daily by the tidal amplitude of the adjacent Cape Fear River. The proposed excavation and subsequent side placement of excavated materials during the construction of the dike, would cause the loss of approximately 30,000 square feet of coastal wetlands. The impoundment would create 4.5 acres of shallow water habitat for resident and migratory waterfowl, provided that water management practices were maintained through the winter season. Submitted by: E.F. Brooks Date: 3/3/93 Office: Wilmington ' Please type or print. Carefully-iescribe all anticipated .development activities, including construction, excava- tion, filling, paving, land clearing, and stotmwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name- Towt4 CRcex Lurnecs Co, C/ rr?? ad-V._Z_-E E-, K,oaZ? Address_ /0 L(;9 2Z CovivrKy CG_u6 cam. City v?iLn?IN?rv,?/ State Zip 2_4&) Day phone _ 9/?t - 7?3- L/3 q? Landowner or. Authorized agent b. Project name (if any) NbPosr?D lD,0<E 24=62+ 14A/7- dHKS &KNT-47-1Q.-I c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT With the construction of the proposed 4.5 acre sub-impoundment, larger dike will be abandoned _ and remaining previously impounded 37.5 acres -'" will be allowed to remain open to daily tides.- If you plan to build a marina, also `06ih rWan attach Form DCM-MP-2. ';1 b. Is theproposed activity maint of an r existing project, new work, or both? FEE /XEw ?oKK s?M111W &X)571NG j?pyNOdffN C' Will the project be for cotasz iKs v?{eo; bs:? OF commercial use? kL f F?/VigTE' ENT d. Describe the planned use of the project. I?.VNICe D/F!G-D IVR 9W Foie k;,g7-1!51E1eObJL Sy DOZAIAIIItG IN 4.14775- MAIN-EX , CUG7/y?PTJA(GI o 14Nv P4,VNr/NG A1A7gZF=6WL F"DoD C2oP5 NND F-4_o&0D1A(6 IN Z-09-r_- 7:=7*R LCr. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract y, .S 4 r xe-s b. Size of individual lot(s) N/la c. Elevation of tract above mean sea level or National Geodetic Vertical Datum + 2.0 d. Soil ape(s) and texture(s) of tract DiRap vte_ SL-V,mCWrS a. Street address or secondary road number /??? C 133 VZ_ 611LE SovrN rOWAI ?...rZisEtG e. Vegetation on tract ?ldwGaps (..?i esvrz ,nz-s b. City, town, community, or landmark 7 rfric-v-s Sovnd P F v/LI-E f. Man-made features now on tract isxisnKG t?ikL' C. County_ FRUnt5w ic.K d. Is proposed work within city limits or planning jurisdiction? 1J 6 e. Name of body of waternearest roject 0'Ja PE l?t?e 2 Q ve-¢ 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT g. What is the CANIA Land Use Plan Classification of the site? (Cons-Ot the local land use plan.) Conservation Developed Rural -Transitional Community Other h. How is the tract zoned by )ocal govemment? 1.4114 i. How are adjacent waters classified? S G a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or Pier).- Construct dike within existing 42-acre - impoundment to allow waterfowl management to - continue within a 4.5 acre area. Existing 42-acre impoundment has been maintained and managed for more than fifty years. Dikes have 12/89 been repaired several times, last in 1986. Dike eroded open again in 1987. j. Has a professional archaeological survey been carried out for the tract? 4o if so, by whom? .5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. AlvgE Pgo?oscp a. Type and number of buildings, facilities, or stJUctuTes proposed b. Number of lots or parcels c. Dersity (Give the number of esidential runts and the wets per acre.) d. Size of area to be graded or di turbed e 1 If the proposed project will disc acre of land, the Division of La receive an erosion and sedimer, least 30 days before land distur If applicable, has a sedimentati conJol plan been submitted to Resources? more than one Resources must ion control plan at g activity begins. and erosion Division of Land f. Give the percentage of the tract ithin 75 feet of mem high water to be covered b impermeable su=aces, such as pavement, build ngs, rooftops. Lis: the materials, such as marl, p ver stone, asphalt, or concrete, to be used for paved rfaces. . If zpplicable, ha< a stormwzter m be::, submitted to the Division of lvla.-tagement? i. Describe proposed sek age disposa? and/or wzste wa:ertreatment facilities. M. Watel, supply n. If the project is oc the steps that will public beach acre tfront development, describe taken to maintain established lays or provide new access. o. If the project is on the elevation above mean floor? 6 EXCAVATION AND FILL INFORMATION . a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). 11 Access channel Q-,'Z-«D or (NVJL) Boat basin Other (break- water, ver, boat ramp, rock jem-) Fill placed in wetland or below MHW Length 'Width Depth ;. Have these facilities received statelor local approval? Upland fill areas k. Describe existing treatment facilities. Describe location and type of d the state (for example, surface wastewater, industrial/commen down"). 2 urges to w2 )ff, sanitary effluent, "v agement plan ivironmental b. Amount of material to be excavated from below water level in cubic yards So?o_ has c. Type ofmateri al wEn ?s T- 7 -77' d. Mu the area to be excavated include marshland, " sw,rtpg',flrotther wetlands? Cg Wr.WMu GYNo3vKe F;T?s F L ash Eta e _ giigA g sround excavation, in cubic yards DtV1S!?? WASTAL st' Y`>GI1N? 12189 anfront, what will be the level of the first habitable 'f. Dimensions of spoil disposal area 7A t« : l o x 15" n S. Locadon of spoil disposal area Al vye S/D£ Ewc-1WPgrm-YV h. Do you claim title to the disposal area? ge- If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maim-enance? u'eT If so, where? _ E j. Does the disposal area include any marshland, sw=ps, or water areas? k- V491111 the fill material be placed below mean high water? I-le-5 1. Amount of fill in cubic yards SDny c.v yys m. Type of fill material /21ve-c ??DiKre-rv r n. Sou x of fill material ?°? `ns?.? no.v I o. Will fill material be placed on marsh or other wetlands? ?1e3 p. Dimensions of the wetland to be filled / coo ' K / -5" q. Ho-,;,- will excavated or fill material be kept on site and erosion controlled? C-SP rz a $5, e_0 r. type of construction equipment will be used (for ;xarnple, dragline, backhoe, or hydraulic drecge)? TA c4<ev 134e c- K1?e== s. Wi12 wetlands be c sled in transporting equipment to project site? ,,, a If yes, explain steps that will be tz_en to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap ?Z//4 b. Average distance waterward f mean high water or normal water level NU f4 12/89 c. Shoreline erosion dun'pg preceding 12 months, in feet A11 A d. Type of bulkhead material N /a e. Amowit of fill, in cubic yards, to be placed below mean high water N /A f. Type of fill material 8 ADDITIONAL INFORMATION In addition to the completed applicationform, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument wader which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of s aid 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 I 1 ,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 Zr) prints or other larger plats are acceptable only if 6- 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 locarion map is a pan of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmark. and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and shodld`tie kdvised by the applicant of that opportunity. 'D i Q i? r- CQASTAa.. 3 ..A &0,rw) Ram e I f1? c rne? ??evis , • ° Addres 2s33 ©c-e?a,r?en D2 /?c/icrrriiYCV?.y /re zs-yo3 , Nam?o?N) ?1..?? ??2?x Address Name Address h list of previous state or federal permits issued for v, ork on the project tract. Include permit numbers, p---rmittee, and issuin?g/aces. A check for $100 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 znd L-)Jct areas. A statement on the use of public funds. If the project i:,vo. -es the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmenta.] 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 compL'es 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 s the -/J?_d ay of _A e ,19 ?3 x Px, ??,:7X( Lalnd*ner or Authorized 'gent c FEB. ,19 s DIVIISlQ i OF COASTAL f fiAPJ F.i; r 12169 CAPE FEAR RIVER EBB FLOW --? DIKE BREAK AND LOCATION OF TRACED FRCM PREVIOUS REPAIRS BRUNSWICK C 1988 pID MAP NO. 3113 _-- y? B, EXISTING DIKES WATER CONTROL STRUCTURE PROPOSED /DIKE - J EXISTING DIKED AREA PLEASANT OAKS PLANTATION - \ - PLAN VIEW ?'? .. SCALE: 1" = 400, U' C 7:0 -7&N +71 mlw +2' mlw - DIKE 15 SECTION (No ;Scale) FEB PCIA nAIV1S;0,"V OF L -14.' P.. , - - PROPOSED DIKE CO RUCTY.ON; PLEASANT OAKS PLANTATION BRUNSWICK COUNTY, N.C. FEBRUARY 1993 3e i d9 3 LOCATION MAP (No Scale) I ?+ ; ?,t'y=MGII M 'Saq J?tLNa/D'P1 /Pf Spiv. 9EGIr10W 91M uor ZtGI4»vp/ ?j'rrna8 xa?e?U //licvS Yod . •.---._..... u, sFa?mS snor,yn „a? yun Tdnw ylo woi; p>I,dwo, 0138 ?/IQr+? rJ aS3Ua j"3?fa/o?7? ?uno? rpIMSUTu.q %q N cNOIDNiw- IM ?JY MOl90 2f 9A 'ab3J 3dd3? lNditl \ r' NO 011Yn11? , j o £ abed .M CSW Vol E66T ?zpnzga? ti ,l6 a3no S311a3doad A)mmoray ONY uoi-onzqsudO E)NTQ pasodoza ?> • oo zagainrj xaaz? uMos O 1 N V S V 301 d Is M >•.d sri r.ev m .. dl ?,f ? t I'D X00 Sfi' t ?W3 ' ?lN 7d?`?irtJ ??rn.ns r ri Al ? V I (? (? r?•,•`K. >!rd ,i it° ? p?4 \ yS.JV ?? ,' IIS??1L1 A (PJ,mJ,s I ?' S Tf'•+ Jl +ir, ,. .J` •IY.•' ?SY• o1'>u7O yp d 7 f 't )my YL>N : \rn? j ?14t tArQ ,? .. 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S ?i \ ...f .. ?'?? ..r <r?r '?t ^ re,? ,llf' r,n'•'•..,,,., ... n. ? ??, \'•J•' f• 1, 7NY a>?y 1:7/1 '.'Y? J ?' .J ,' v ?! i ' t • /. 3 ,Ir'i ? Q 1 J °Y'II ,,f/ ? II >1•°M / ,..a'••?? ??? ?., ,?, y 'DP "' •''??' r>? •? ?L-r> l? !1, h,y„Y ,! ?`' r?. *'J , ' 1 ? •?:?'a'. r?'• /, t: 1?\ ?^ ?4?.1 ,Yln L 1Y? ,Mrn ?/ 'Y`l ^ e'° v. 'iw'. ! ?"F, ?','M ,rI` // 1•\\ r )r'l ,al F Euf'?^"T/ d L.??'?' ^ t r ... '"•- r" "?:N >' ?l ? o;+ /ts: cc,1 »X3 •.'>. "'? .,.,+.i + 5. /,`'+.'}+ `l?llllµlµl\Cl?ee:./,yy??i-"a"???"' M ,yN S ? d 'A (f •Stl. --_ _--_ -.. n'' d.d o4 y >.cl v,,.oS ? . /,JY.Jp' _ .... , 4.+ _)f^ni[ •rl ?r p r'Y,,.! °' .?' i ? - ? Y .. r Town Creek Lumber Co. Proposed Dike Construction February 1993 Page 2 of 3 ?t 18" PIPE w/hinged flapper each end r< , DETAIL WATER CONTROL STRUCTURE, (No Scale) CAPE ' FEAR RIVER' "'e" EBB FLOW 1 --: EXISTING DIKES EXISTING DIKED AREA; PROPOSED DIKE vi vl DIKE BREAK AND LOCATION OF PREVIOUS REPAIRS r (EXISTING) WATER CONTROL STRUCTURE (PROPOSED) .?, ??1.. v ' r• EXISTING WATER CONTROL STRUCTURE I Al PLEASANT OAKS PLANTATION MIR 1 Iyy - ? c /?'?V Z DIVISIO(V OF COASTAL &4ANAGEMENT m PLAN VIEW n SCALE: 1" = 200' d n aVR t 1 0 year CHARLIE HOLLIS REGULATORY CONSULTANT WETLANDS GROUP 138 Green Forest Drive 4 ? NATEI? LUALITY SECTION Wilmington, NC 28409 919/392-6833 or 799-0318 March 8, 1993 Project: Town Creek Lumber Company; Revise Existing Waterfowl Impoundment Corps Action ID. 199301324 Mr. Rudolph Schiener, Area Coordinator Wilmington Regulatory Field Office U.S. Army Corps of Engineers P.O. Box 1890 Wilmington NC 28402-1890 Dear Mr. Schiener: Please refer to the Corps' letter dated March 4, 1993 to Mr. George E. Kidder regarding the pending Town Creek Lumber Company application for a Department of the Army/CAMA permit to abandon an existing 30-40 acre waterfowl. impoundment and construct a 4.5 acre impoundment adjacent to the high-ground inside the existing impoundment. Please refer also to your visit to the site on February 2, 1993. With reference to compliance with the EPA/Corps 1990 Mitigation MOA, please recall our discussion onsite and the notations on the permit application which explained that the applicant plans to abandon the large existing impoundment and allow it to remain open to the Cape Fear River tides rather than to again repair the existing dike. The present application requests, instead, permission to replace the existing 30-40 acre impoundment with a 4.5-acre one (nearly 1/10th the original size) within the existing impoundment and located adjacent to the existing high ground. The selection of this minimal alternative, rather than proceeding with another repair of the larger existing dike, clearly represents generous compliance with the Mitigation MOA by: i. avoiding the continued management impacts on nearly 30 acres of historically impounded wetlands, ii. minimizing wetland impacts by reducing the impoundment size to the least that would be practicable for waterfowl management, and iii. providing nearly 10 to 1 mitigation by abandonment of the management of the existing 30-40 acre impoundment and allowing it to remain open to the tides. .i w Page 2 Please contact me if additional information is needed. Sincerely, Charlie Hollis Cy: Tom Welborn John Parker John Dorney Jim Gregson Bob Stroud Ed Brooks Mr Kidder ,#'-k , A State of North Carolina ...Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUE.LITY SECTION FAX # (919) 733-1338 TELFCUPY TO:- FAX NUMBER: FROM.. - - -- NUMBER OF PAGES, INCLUDING THE COVBR SHEET: PHONE: V2 733 I TRANSMISSION REPORT >k>k * * * *>k>k>k>k>K>k>k>k>K>k>k>K * *>K *>K>K>K>k>K * * * ( MAR 29 '93 09:26AN ) * * * DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE * TIME IDENTIFICATION PAGES CODE NO. * * * * * MAR 29 09:25AM 9193502004 G3E ST 01'02" OK 03 * * * * * * * * * * * * * * * * * * * * * * * * >K>k>k>KW.%K>k>k>k>k>k>k>K>K>k>K>k>k>k>k>K>{c>K?k>k>k>k>k*>k>ksk>k>k>k*?>k>K>k>k>k>k>k>k>k*>K>k>k >k>k>k?k*>k>k>K>k>k>K>k>k>k>K*>K>K>K>k>k>k>k*?k>K>K>K>K>K>k>k>k>k?t:>k>K>k>k*>k>K f a . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199301324 March 4, 1993 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: M-$ E Enclosed is the application of Town Creek Lumber Company, Mr. George E. Kidder, for Department of the Army authorization and a State Water Quality Certification to excavate and fill in wetlands adjacent to the Cape Fear River associated with construction of a 4.5-acre waterfowl management area, 7 miles south of Belville, Brunswick 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,, in most cases, 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, or asked for an extension of time, by May 4, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4629. Sincerely, 0. a ne Wri h i , Regul ory 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 gr print. Carefully describe all anticipated - development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trei. If the requested information is not relevant to your project, write N/A (not applicable). Items, 8-9 must be completed for all projects b, 1 APPLICANT ?tF- g c'., a. Name T wry CREEK t6 gcR Co. Kivo?/z/?? Address ' /G 2Z cc0,vrKf CLUB /r'D . M-LU LM ConstrUCtion of the proposed 4 5<aeft sub-impoundment, larger dike will be aliaridoned -' and remaining previously impounded 37.5 acres - will be allowed to rermin open to dailv tides.' If you plan to build a marina, also complete and attach Form DCM-MP-2. Is the?pmposed activity maintenance of an existing project, new work, or both? X/fOX wrrlliy SX1s77Ne. /N?PouNa/rrE Will the project be for community, private, or commercial use? ivarE City 1"c111-mleyeTOn( State /11 L4_. d. Describe the planned use of the project. ///h?NN6?' 17/KC`D i9A2?7'4 J?OR Gr>gT?JC'otJL tip 2gz/03 Day phone 3- 3 94 23Y O R-A IMMIG /N Z-*72F .yi vrgM , d04ri1.r77v4, Landovrer or Authorized agent AND FL/9NTNG h/197MZF4WL 1=00D cr2opg ;'Z, ,N 4.A?7T5 ?5? c.4 . b. Project name (if any) P2oPa5sD DrkE LE34514NT bRKS ?raNT?4T/DA( 4 LAND AND WATER c. If the applicant is not the landowner, also give the owner's name and address. CHARACTERISTICS a. Size of entire tract 41,5- a cats 2 LOCATION OF PROPOSED PROJECT b. Size of individual lot(s) e. Elevation of tract above mean sea level or National Geodetic Vertical Damn d- 2,4> d. Soil r\pe(s) and texture(s) of tract ©,C'Gw.vrc S?'D/mealTS R. Street address or secondary road'nurnber /J 133 1 '/Z MILE ScvrN TwA( C12?EI< e. Vegetation on tract ?IdwGaoS:ri :"?*40Su/LOin?S b. City, torn, community, or landmark 7 /?1lt ?5 Sovr!d PIP FsL VILLE C. County 36-17UNSW rc.-1G, d. Is proposed work within city limits or planning jurisdiction? i?b C. Name of body of waternearest roject (2 JiPL- ??erz Avie 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)._ Construct dike within existing 42-acre - impoundment to allow waterfowl management to -continue within a 4.5 acre area. Existing 42-acre impoundment has been maintained and managed for more than fifty years. Dikes have 12/89 been repaired several times, last in 1986. Dike eroded open again in 1987. f. Man-made features now on tract gxunlra J?lKS g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Consen-ation Transitional Developed Community Rural Other ocal government? h. How is the tract zoned by) L How are adjacent waters classified? S G j. Hasa professional archaeological survey been carried out for the tract? _4 If so, by whom? 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. /1/oNE Pgovosev a. Type and number of buildings, facilities, or b. Number of lots or parcels c. Density (Give the number of esidential units and the u::its per acre.) d. Size of area to be graded or e. If the proposed project will disc acre of land, the Division of La receive an erosion and sedimen least 30 days before land distur If applicable, has a sedimentati cor.:rol plan been submitted to Resources? > more than one Resources must on control plan at g activity begins. and erosion Division of Land f. Give the percentage of the tract ithin 75 feet of mean high water to be covered b impermeable Su=aces, such as pavement, build ngs, rooftops. Lis: the materials, such as marl, p ver stone, asphalt, or concrete, to be used for paved daces. :. if _pplicable, hzs a s,ormwzterm be,:.-, submitted to the Division of M4a.,agement? i. Describe proposed sewage disposal and/or waste w,a::..rtreaLmentfa-ilities. , Hz, e these facilities received state or local approval? k. Describe existing treatment facilit es. 1 Describelocation and type of dis harges to waters of the state (for exarnple, surface ru off, sanitary vranewater, industrial/commerci effluent, "wash do-,A-n"). apemen, plan vironmental m. Watef, supply s n. If the project is oe the steps that will public beach acct ,front development, describe taken to maintain established gays or provide new access. o. If the project is on the ceanfront, what will be the elevation above mean ea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill avivities (excluding bulkheads, which are covered in Section 7). Access channel QvIl- ; or (NVJI-) Boat basin Other (brca :- water, pier, boat ran-,p, rock jeti,) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards SooO_ ??s c. Type ofmaterial- Piv&-Y2 c -1t-p//naW7- d. Does the area to be excavated include marshland, swamps, or other wetlands? (5,ewrw#$5 • c. y,vesvae tPe?- Llfrr5 e. High ground excavatizin cubic yards eKkF 2 12189 Length Width Depth L Dimensions of spoil disposal area .01 KE : / o0-Vx /S g. Location of spoil disposal area /?L0Ni51DE • 257icc ?+/.er"Trv h. Do you claim title to the disposal area? ge-5 If no,, attach a letter granting permission from the owner. i. Will a disposal area be available for future main•enance? `'eT If so, where? S 6- j. Does the disposal area include any marshland, sway.,ps, or water areas? k. 'Will the fill material be placed below mean high wate-"? yfe!:E 1. Amount of fill in cubic yards ,5-Day C-V -fps m. Type of fill material 12?v?x 5; D_ sI te7u r n. Sou:,.e, of fill material ?xC_nV-..no.v c. Shoreline erosion duri ' g preceding 12 months. in feet d. Type of bulkhead material N 14 e. Amomrt of fill, in cubic yards, to be placed below m=Nghwater N /g f.. Type of fill material 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 irm-anent under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o. Wi11 fill material be placed on marsh or other wetlands? ?1e'S p. Din tr sions of the wetland to be filled /DOO' x /S' q. How will excavated or fill material be kept on site and erosion controlled? ?rz *Ss&-0 T. "Wh-. type of cons uction equipment will be used (for -example, dragline, bac}:hoe, or hydraulic dree e)? T A ca«v OQ c- SWoC s. Wil] wetlands be c ssed in transporting equipment to project site? v if yes, explain steps that will be LL.-en to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap ;!z / 14 b. Average distance waterward of mean high water or normal water level N / ka An accurate work plat (including plan view and cross - sectional drawings) drawn to scale in black ifik on an 8 1R x l 1 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drav.ings are preferred and only high quality copies will be accepted. Blue-line 2D prints or other larger plats are acceptable only if If high quality copies are provide 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) nu;-nbP_n, landmarks, and the like. A stormwater rranagenrent plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete.addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 12,!89 Name' /71?+c.rne? t7+v+ns . • Address -_25'33 oc.ea;JoerzDrz. 9 CERTIFICATION AND PERMISSION !?/L ?'1f/KG?iV /V C. zSy0.3 Nain4A/0Mt1) - ,fin! ?YLx Address 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. Name Address A list of previous state or federal permits issued for v ork on the project tract. Include permit numbers, prrminee, and issuing ates. v - Atg A check for $100 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 Lnd tr2et areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- r:ent documenting compliance with the Notch Carolina Enviro=ental Policy Act (N.C.G.S. 113A-1 to 10). I certify that to the best of my knowledge, the proposed activity compL' es 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. Msis the /J__day of , l9_GlS X_ Laner or Authorized V gent 4 12199 EBB ,,YLOW x. CAPR. FEAR RIVER --i V? DIKE BREAK may. AND LOCATION OF Z F PREVIOUS REPAIRS BMWICK D"'y ORnMMO MAP NO. 3113 1988 PHQiy EXISTING DIKES -- WATER CONTROL "rte STRUCTURE PROPOSED DIKE " EXISTING DIKED AREA 1 PLEASANT OAKS PLANTATION ZC' ? - PLAN VIEW \ SCALE: 1" 400' Jl. w?1,' i GJ, ?y I,u +7' mlw +2' mlw - DIKE ij -? SECTION l (No Scale) VVV Q l 1 W 4 ?'?+ GR D ci 1 ? ?eoJECT" PROPOSED DIKE CONSTRUCTION Is IS?B ?? 0 PLEASANT OAKS PLANTATION y BRUNSWICK COUNTY, N.C. ` FEBRUARY 1993 LOCATION MAP (No Scale) -* DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town Creek Lumber Company/George Kidder 2. LOCATION OF PROJECT SITE: Off N.C. Hwy 133, 7 miles south of Belville, 1/2 mile south of Town Creek,, adjacent to Town Creek and the Cape Fear River, Brunswick County. Photo Index - 1989: 182-17; M-10 1984: 12A-135, S-12 State Plane Coordinates - X:2316000 Y:0138600 3. . INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/2/93 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received - March 1 , 1993 r ; Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County 2 1993 Land Classification From LUP - Industrial Access/Conservation (B) AEC(s) Involved: CW,PT,EW WETLANDS GROUP (C) Water Dependent: yes WATER QUALITY SECTION (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned -None (F) Type of Structures: Existing - Impoundment (32 acres) currently connected to estaurine waters Planned - Impoundment (4.5 acres) (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands 15,000 S.F. I 15,000 S.F. Coastal Wetlands (B) Non-Vegetated Wetlands (C) Other (D) Total Area Disturbed: 30,000 S.F. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicants propose to create a 4.5 acre impoundment for waterfowl management, by constructing a dike in the southwest corner of a previously impounded 32 acre area. Town Creek Lumber Co. Page 2 9. PROTECT DESCRIPTION The project site is located on the property known as Pleasant Oaks Plantation, off N. C. Hwy. 133, approximately 7 miles south of Belville, adjacent to Town Creek and the Cape Fear River, in Brunswick County. The entire tract is approximately 4600 acres, between the AIWW and N. C. Hyw. 133, east to west, and from Town Creek, south along the river, for approximately 2 1/2 miles. The property was once part of one of the large rice plantations which, operated in this area of the Cape Fear. At one time, large rice fields fronted the property along the Cape Fear River. The project site is the most northeasterly of these remnant rice impoundments. The applicant reports that the owners have maintained and managed this area as a waterfowl impoundment for more than fifty years. During this time, several breaches in the dike have been repaired, the last in 1986. The dike again eroded open during a storm in 1987, and has been open to the tidal influence of the river since that time. The old impoundment is located along the Cape Fear River, just south of the mouth of Town Creek. It encompasses approximately 32 acres of vegetated wetlands consisting of, primarily, cat-tails (Typha sop.), giant cordgrass (Spartina cynosuroides), reed (Phragmites communis), and sawgrass (Cladium jamaicense). The breach in the dike is located in the southeast corner of the impoundment. Tidal influence since the initial breach has eroded the opening to a width of approximately 50 feet. In the project area, the waters of the Cape Fear River are classified SC, and the waters of Town Creek are classified SC-Sw, by the N. C. Division of Environmental Management. In the project area, both water bodies are designated as Primary Nursery Area by the N. C. Division of Marine Fisheries. Rather than proposing a repair to the old dike, the applicants propose to retreat from the high energy hydrology adjacent to the river, and construct a new, smaller impoundment in the southeast corner of the original diked area. The new impoundment would be approximately 650 feet long and 350 feet wide,. or an area of approximately 4.5 acres. A new dike is proposed, extending 650 feet north from the existing southern dike of the original impoundment, then turning west for 330 feet to intersect with high ground. The new dike would be 15 feet wide and, 5 feet high. It would be constructed by excavating adjacent material inside the proposed dike alignment. The excavation would create a water corridor or ditch along the inside perimeter of the dike, of approximately the inverse dimensions of the proposed dike, 15 feet wide and 5 feet deep, at MLW. A water control structure is proposed in the southeast corner of the proposed impoundment. It would consist of an 18" pipe with hinged flapper gates on each end. Town Creek Lumber Co. Page 3 10. ANTICIPATED IMPACTS The proposed project would incorporate approximately 4.5 acres of coastal wetlands which are currently inundated daily by the tidal amplitude of the adjacent Cape Fear River. The proposed excavation and subsequent side placement of excavated materials during the construction of the dike, would cause the loss of approximately 30,000 square feet of coastal wetlands. The impoundment would create 4.5 acres of shallow water habitat for resident and migratory waterfowl, provided that water management practices were maintained through the winter season. Submitted by: E.F. Brooks Date: 3/3/93 Office: Wilmington ' Please type or print. Careful]ywlescribe all anticipated development activities, including construction, excava- tion., filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8.9 must be completed for all projects. 1 APPLICANT a. Name`TTwtt CRcc K Lumee-R Co, Address_ _ o G'/ /'I?rz. Ga?izoE Lam', Kivo?2 /G Zz- CovNrKy C_ue cam. City State- N e , Zip 291103 Day phone 411t - 7,/.3- 4,3174 Landowner or Authorized agent b. Projectname (ifany)_ Pr<pPDssD a<6- 2Lg2R s N NT CAA K &K N T 7.1 O i.1 c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT With the construction of the proposed 4.5 acre sub-impouncVent, larger dike will be abandoned and remaining previously hTpounded 37.5 acres -will be allowed to remain open to daily tides." If you plan to build a marina, also JJco n,.?1 _.arA attach Form DCM-MP-2. r° b. Is thepmposed activity maint ahe of an existing project, new work, or both? Frrt3 y., /7??w lf?oKK wr>h'iv ?x?sn,Va /l??cvNO,A'? c: Will the project be for co "Vic mt?ttAr>; ?7r. , Or commercial use? iyspnnvtiL F?r,t :MIENT d. Describe the planned use of the project. N,96-mr VIA'e'O / EPW 1-1012 GJg7- /c-o[JL Tay DaA191A!6, IN Z-NTLE ,V1,VrEX_ CUC7/?/PTI/!G? 41vD P46AI LNG A1097KZ FdcyL DOD Cr2oP5? Y q c> /N L?gTE 7cALL . 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 4r1S a camas b. Size of individual lot(s) w/4 Elevadon of tmct above mean sea level or National Geodetic Vertical Datum +210 d. Soil ape(s) and texture(s) of tract DiQ6q.ute- StD,mCNTS a. Street address or secondary road nu.7,ber 1,33 1 VZ_ 611LE sovTN 7Dwn1 Crzet?? e. Vege:ationontr2ct b. City, town, community, or landmark 7 IN/L_-5 s-ot,rw D F F,-- L y/LLE C. County LEUNSW tcJ? d. Is proposed w-ork w•iLhin city limits or planning jurisdiction? C. Name of body of water nearest roject (? Pt= ??a rz (?? vie 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT f. Man-made featLres now on tract ?r?snKa i lKr g. Wha is the LAMA Land Use Plan Classification of the site? (ConsJt the local land use plan.) Conservation Transitional Developed Community Rural OLher h. How' is the tract zoned by) cal goverment? i. How are adja;,ent waters classified? .5c a. Describe all development activities you propose (for j. Hasa professional archaeologica] survey been example, building a home, motel, marina, bulkhead, carried out for the tract? ?Jo If so, by whom? or pir-O._Construct dike within existing 42-acre - irrpoundment to allow waterfowl management to - continue within a 4.5 acre area. Existing 42-acre impouncinent has been maintained and managed for more than fifty years. Dikes have 12/E9 been repaired several times, last in 1986. Dike i eroded open again in 1987. 6 UPLAND DEVELOPMENT Cernplete this section if the project includes any land development. MoNE Paop"e-p a. Type and number of buildings, facilities, or structures proposed I b. Number of lots or parcels c. Dersity (Give the number of uniu per acre.) d. Size of area to be graded or dential units and the e. If the proposed project will dis' acre of land, the Division of La receive an erosion and sedimer lea_t 30 days before land distur If applicable, has a sedimentati control plan been submitted to Resources? b more than one Resources must ion control plan at tg activity begins. and erosion e Division of Land f. Give the percentate of the tract ithin 75 feet of mean high water to be covered b impermeable su-7aces, such as pavement, build ngs, rooftops. COASTAL, ?. Lis: the materials, such as marl, p ver stone, asphalt, Access channel or concrete, to b_ used for paved daces. QvE)' ? or (N-WL) Boat basin h. If zpplicable, h---s a stormwater m nagement plan 0?7er (break- bee-, submitted to the Division of nvironmental water, pier, Mianagement? boat rasp, rock jets ) i. Descr;be proposed see ale disposa and/or waste wz:Er treai.Tient facilities. Fill placed in wetland or below MHW ;. Ez v e these facilities received state or local approval? Upland till areas k. Describe existing treatment fa Describe location and type of the state (for example, surface wastewater, indunrial/comme do•, m" ).. 2 harges to watt off, sanitary ? effluent, "wa M. Wait*, supply sou e n. If the project is o anfront development, describe the steps that will taken to maintain established public beach acres ways or provide new access. o. If the project is on the ceanfront, what will be, the elevanon above me2n ea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Desc,;be below the purpose of proposed excavation orfT activities (excluding bulkheads, v.1hich are covered in Section 7). . b. Amount of material to be excavated from below water level in cubic yards .Sooo. J .Ps c. Type ofmaterial 011&-'2 cS //n 7- d. Does the area to be excavated include marshland, rs ovsw-nps,.orother wetlands? (S,vw?,eRSS G4NoSVRe ??r sh t. t. !5 e:_ lgfi ground excavation, in cubic yards 12/89 Length "Width Depth f. Dimensions of spoil disposal area .?ll<E Jo?ac g. Location of spoil disposal area. /V LONGS/D? "E , c- VqV'9rMIU h. Do you claim title to the disposal area? es If not, attach a letter granting permission from the cAhMU. i. Will a disposal area be available for future main--nance? L/1* If so, where? .5?, L j. Does the disposal area include any marshland, swamps, or water areas? k- VTill the fill material be placed below mean high water.) 1. Amount of fill in cubic yards snay C-V 'fps m. Typ: of fill material /?2vee-x .t7p/were r" ??o?l6SiDt< D. SOU7?:e of fill material 2E-xCet-1 4Y-7r, ?. o. Will 51] material be placed on marsh or other wetlmds? y? p. Dimensions of the wetland to be filled /ooo' X /S' q. How will excavated or fill material be kept on site and erosion controlled? <:5;z a S5e-v r. Vdh-:type of construction equipment will beused (for example, dragline, backhoe, or hydraulic drecce)? T A c-4< em 13Q cKH-ec s. 'WiL --veil ands be c sled in transporting equipment to p?ject site? eIf yes, explain steps that will be t:en to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Ler.<<?t of bulkhead or riprap L"I Z /q b. Average distance waterv,,ard oqf mean high water or normal water level N / ka 22189 c. Shoreline erosion duripg pmcrding 12 months, in feet N / A d. Type of bulkhead material N za e. Amount of fill, in cubic yards, to be placed below mean high water N /i4 f.. Type of fill material /V ?f3 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 A Titten permission from the owner to carry out the project. An accurate work plat (including plan view and crois sectional drawings) drawn to scale in black inl: 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 ,?,p prints or other larger plats are acceptable only if C high qualit}, copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding that 2,ency's use of larger drawings.) A site or loca5Dn map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar 1AUb the area to the site. Include county road (SR) niunbers, landrn rl:s, and the like. A stormwater rnanagement plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete,$ddresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal 14 anagement and sho d be'advised by the applicant of that opportunity. FEB t; a Name c.rnIL15 0405, Address 2_S33 Oc-ew;gD,-_7z D2 `/?c/ic.nri?rrcvecl /Ye 2S-Yo3 1\' am e(Y110 i c?>N 12 K Address Name Address A list of previous state or federal permits issued for v, ork on the project tract. Include permit numbers, p'--nninee, and issuing ates. n! € A check for $100 made payable to the Department of Environ-ment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront L-td i_)]et areas. A st2tement on the use of public funds. If the project i.,vo:%-es the expe.nditvre of public funds, attach a state- r--.en:: documenting compliance with the North Carolina i.*o=entfl Policy AcL (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 know] edge, the proposed activity compL'es 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 the /J'-day of ,19 ?3 X 6 • n -?-;7X Lmd ?,?ner or Authorized 'gent COASTAL 12J89 CAPE FEAR RIVER EBB FLOW --. .1:r TRAM FROM BRLl1b qCK COUNTY ORTHOPJM MAP NO. 3113 1988 PUOIDG. EXISTING DIKED AREA may. EXISTING DIKES PROPOSED DIKE ?l DIKE BREAK 'AND LOCATION OF PREVIOUS REPAIRS WATER CONTROL _ STRUCTURE PLEASANT OAKS PLANTATION PLAN VIEW SCALE: 1" 400' CA T, Lti G ? I Y I c ,QELV/L?£ 111 +7' mlw DIKE +2' mlw - 15 h? ?V SECTION r (No Scale) 4 1L GR V FEB PRoucr S IS?B `? PROPOSED DIKE C&9TRUCTION: PLEASANT OAKS PLANTATION BRUNSWICK COUNTY, N.C. FEBRUARY 1993 LOCATION MAP r?T? i .? (No Scale)