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HomeMy WebLinkAbout19930924 Ver 1_COMPLETE FILE_19930121 State of North Carolina Department of Environment, Health and Natural Resources =rA Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E r*sJ F1 A. Preston Howard, Jr., P.E., Director December 7, 1993 Bogue Shores HOA c/o Joel Keith 1616 Forestville Road Wake Forest, N.C. 27587 Dear: Mr. Keith: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed boat ramp Project # 93924, COE # 199400317 Carteret County Attached hereto is a copy of Certification No. 2860 issued to Bogue Shores dated 7 December, 1993. If we can be of further assistance, do not hesitate to contact us. Sincerely, A. Preston Howard, Jr. P.E. Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office John Parker, Division of Coastal Management Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper v NORTH CAROLINA Carteret County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Bogue Shores in Carteret County pursuant to an application filed on the 27th day of October, 1993 to fill 600 square feet of water and wetlands for a boat ramp. The Application provides adequate assurance that the discharge of fill material into the waters of Hoop Hole in conjunction with the proposed development in Carteret County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North,Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. that the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal or Coastal Area Management Act Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. 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, N.C. 27611-7447.. Unless such demands are made, this Certification shall be final and binding. This the 7th day of December, 1993. DIVISION OF ENVIRONMENTAL MANAGEMENT A. Preston Howard, Jr. P.E. WQC# 2860 To: John, Domey Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON , ?., WQ SUPERVISOR: ADKINS S DATE: November 24, 1993 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 93 PERMIT NO.: 93924 COUNTY: Carteret PROJECT NAME: Bogue Shores Condominiums PROJECT TYPE: Boat Ramp PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: October 27, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Hoop Pole Creek CLASS: SA STREAM INDEX #: 20-36-12 *OPEN OR CLOSED: Closed WL IMPACT: Yes WL TYPE: SM WL REQUESTED: 0.0027 WL ACR EST: Yes- HYDRO CNECT?: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: p 15 (? Rply(s FNOV 3 0 i99p PROJECT DESCRIPTION: The applicant proposes to construct a boat ramp and reconfigure a pier. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual Certification for the construction of the Ramp. 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: 480 sq. ft. WETLAND: 120 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 93924.Nov Page Two 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.) RECOMNMNDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. 2. That all wet concrete poured below MHW be poured at low tide and that the forms be completely dewatered. No wet concrete shall be placed in the surface waters. cc: Central Files Wilmington Regional Office Files DCM-David Noble John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bogue Shores Condominiums 2. LOCATION OF PROJECT SITE: 1300 W. Ft. Macon Rd., Hoop Hole Creek, Atlantic Beach, Carteret County Photo Index - 1989:158-9(P-18) 1984:32-1174(8-6) State Plane Coordinates - X:2670400 Y: 353200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Aug. 1993 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received - July 20, 1993;revised Sept 09, 1993 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Transition (B) AEC(s) Involved: CW,PT,EW,ES (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing - septic tank, drainfield Planned - none (F) Type of Structures: Existing - condominium Planned - boat ramp, reconfigure pier (G) Estimated Annual Rate of Erosion: 0 Source - bulkheaded 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands 120 sq. ft. Spartina alterniflora (B) Non-Vegetated Wetlands 480 sq. ft. shallow estuarine bottom (C) Other (D) Total Area Disturbed: Approximately 500 sq. ft. (E) Primary Nursery Area: no (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: The applicant proposes to construct a boat ramp and to reconfigure the pier. FIELD EWESTIGATION REPORT: BOGUS SHORES CONDOMINIUMS PAGE ##2 9. NARRATIVE DESCRIPTION: The applicant's property is a 4.1 acre tract located at 1300 W. Ft. Macon Rd. on Hoop Hole Creek off Bogue Sound. There is a motel building which has been converted to condominium units on the property. The property has an existing dock with slips for short term boat dockage. The applicant proposes to relocate the access walkway leading out to the pier approximately 6' further westward from its present location. The applicant is also proposing to construct a 10' x 10' platform at the waterward end of the existing pier. The relocation of these segments of the pier will allow construction of a proposed 12' x 54' concrete boat ramp. ANTICIPATED IMPACTS: The pier reconfiguration will not occupy any additional public trust waters. However, the proposed boat ramp will require the filling of approximately 120 sq. ft. of Spartina alterniflora.The waters of Hoop Hole Creek are closed to shellfishing by DEH and DMF and are classified as SA by DEM. PREPARED BY W. David Noble October 19, 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your If you plan to build a marina, also complete and project, write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2. must be completed for all projects. b. Is the proposed activity maintenance of an existing project, new work, or both? Install boat ramp and move existing 1 APPLICANT walkway to dock c. Will the project be for community, private, or a. Name Bogue Shores c/o Joel L. Keith commercial use? Private Address 16.16 F!lrPCt,%ri 1 i P Ra Cit Wake Forest State NC Y d. Describe the planned use of the r 'ect. pAores owners f B B t ogue or oa ramp Zip 27587 Dayphone._ 832-3683 an gues Landowner or X Authorized agent b. Project name (if any) Bogue Shores Boat Ramp 4 LAND AND WATER c. If the applicant is not the landowner, also give the CHARACTERISTICS owner's name and address. Bogue Shores Condominium Homeowners P . :. ox a. Size of entire tract 4.10 acres 1300 W. or acon b. Size of individual lot(s) N/A Atlant c Beach c. Elevation of tract above mean sea level or Nattional Geod?tie Vertreal Datum rox fee A 2 LOCATION OF PROPOSED pp PROJECT d. Soil type(s) and texture(s) of tract Sandy a. Street address or secondary road number 1300 W. Fort Macon Rd e. Vegetation on tract grass b. At1'antico Beaci , NCandmark c. County C a r t a r e t d. Is proposed work within city limits or planning jurisdiction? yes e. Name of body of water nearest project Hoop Hole Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT f. Man-mad features od'oocract 149 unit condomini pool, Doatn g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? resort commercial i. How are adjacent waters classified? a. Describe all development activities you propose (for j, Has a professional archaeological survey been example, buildinta home, motel, marina, bulkhead,move or pier). Ins all boat ramp an carried out for the tract? No If so, by whom? walkway to oc fl r 3/91 JUL 2 0 Igo 193 U. Lb Q-;, uu:W ' &M.. 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed N/A b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) Two story 149 units on 4.10 acres d. Size of area to be graded or disturbed 12' x 54' boat ramp 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. less than one percent g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. concrete 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 t re ent facilities. NrA j. Have these facilities received state or local approval? pending k. Describe existing treatment facilities. condominium utilizes septic tank with rain field 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A 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). Length Width Depth Access channel (MLW) or WWL) Boat basin Other (break- water, pier, 60-t ram L> rocrjetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards none c. Typeofmaterial N/A d. Does the area to be excavated include marshland, swam n, or other wetlands? e. High ground pocchytion, in cubic f. Dimensions gfAspoil disposal area g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? N/A If so, where? j. Does the disposal area include any marshland, swamps, Ater areas? k. Will the fill material be placed below meanhigh . . water? N/A 1. Amount of fill in cubic yards N/A m. Type of fill material N/A n. Source of fill material N/A c. Shoreline erosion during preceding 12 months, in feet none d. Type of bulkhead material Concrete e. Amount of fill, in cubic yards, to be placed below mean high water annrox 4.4 f. Type of fill material ^.?c n-ret a - 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) pr 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. o. Will fill material be played on marsh or other wetlands. TT?A An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources N/A Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Please note that original drawings are preferred and N/A only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? None to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? N If yes, explain steps that will be taken to lessen environmental impacts. 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 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of a. Length of bulkhead or riprap concrete bulkhe ad that opportuniiy? b. in place Average distance waterward of mean high water or rox 30 -feet a f J U L 2 Q 1ED93 i; pp normal water level 3/91 Name Dunescapes c/o Quadrant Inc Address P.O. Box 4455 Emerald Isle, N.C., 2Ub94 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name Coral Cay c/o Mr. Cameron McRaAny permit issued in response to this application will Address P.O. Box 277' allow only the development described in the application. Kinston, N.C. 28501 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 work on the project tract. Include permit numbers, permittee, and issuing dates. None A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. 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-day of 19 ?3 X L er or Authorize agent 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). .t •M777r-) Q ., h (l f1 ` ._ e_ K !"rte: . 4 3/'91 i?oES uE s i--i o R E s F_?__? a a PROPOSED ?AMP ?, ?' 12 X Sa 9 / EZ9 3 1S, 10 ' N EVV i .DO.CK i _ •O z I ? J EXISTING P 1 ER/ O O i K i .T O P EMA IN i ' EXISTING P IER/EDOC1< ' 'Q TO ?E REr%AOVEO NEW P IIEP? MARS H ,.v (l] I " I \\ll S EA VV a L L, CIOPAL . f- T' +-1 CAY Ppop. a i ` SEP 0 91993 SCALE 1 1O iU ?_ 1 szGzS J /2., LOW T 10 E J J + / /Z \ f\/1 P r7l.7 M, F , I BOGUS SHC:3F-qES / H T lC Ezs, 10 ' ' N EVV i I? 0O U E _ o moo' I i w .f z ' J EXISTING P 1 ER/D OCIK To PENAAIN EXISTING PIER/00CK. 'Q TO F,'E REMOVEO ' I? I a P;:?DPOSED PAMP 12 X S a - NEW P IFPk _ I ' I ,1t/ MARS H \w SEA VVaL I? ?!,V ' a SEP Q 9 1923 ; SCALE 1 ?- 10 M-V N%V l COPAL CAY I 1 Ppop. I S/ G f S33 /z.' 1 30 ' HIGH TIDE LOW T I O E /Z a l\/1 P -IM ?q ! ----------------------------- BDOUE SHCDPPS DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 1, 1993 IN REPLY REFER TO Regulatory Branch Action ID. 199400317 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: Enclosed is the application of Bogue Shores Condominium Homeowners for Department of the Army authorization and a State Water Quality Certification to rebuild a pier and construct a boatramp on Hoop Hole Creek, Atlantic Beach, Carteret 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 January 3, 1994, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 975-4725. Sincerely, ne Wrig t e?cik Regulatory y Branch Enclosure ASS 11 `; -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. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 TU Y 1q1V0e2S17 Plein typc?cN 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 attach Form DCM-MP-2. project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. b. Is the proposed activity maintenance of an 1 APPLICANT a. Name Rogue Shores c/o Joel L. Keith Address 1616 rnrpst i iie Rd City Wake FnrPGt State NC Zip 27587 Dayphone. 832-3683 Landowner or X Authorized agent existing project, new work, or both? Install boat ramp and move existing walkway to dock c. Will the project be for community, private, or commercial use? Private d. Describe the planned use of the pro' ect. Boat ramp for Bogue Scores owners an guest b. Project name (if any) Bocfue Shores Boat Ramp c. If the applicant is not the landowner, also give the owner's name and address. Bogue Shores Condominium Homeowners P.O. Box 776 1300 W. Fort Macon Atlantic Beach, NC ZUblZ 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 1300 W. Fort Macon Rd 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 4.10 acres b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or Na ional Geodetic Veniical Datum pprox fee d. Soil type(s) and texture(s) of tract Sandy e. Vegetation on tract g r n s s b. At7'a ti coieaciWandmark f. Manpoof feaburem'oniract 11 oa 149 unit condomini-, c. County C a r t a r e t .g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? yes Conservation Transitional e. Name of body of water nearest project Developed Community Hoop Hole Creek Rural Other h. How is the tract zoned by local government? resort commercial 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, buildin a home, motel, marina, bul ead, or pier). Install boat ramp anc? move walkway to oc 3/91 i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 5, UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed N/A b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) Two story 149 units on 4.10 acres d. Size of area to be graded or disturbed 12' x 54' boat ramp 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. less than one percent m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A 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). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) Boat basin 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 ?alrnent facilities. j. Have these facilities received state or local approval? pending k. Describe existing treatment facilities. condominium utilizes septic tank with rain field 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A Other (break- water, pier, at ram roc betty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards none c. Type of material N/A d. Does the area to be excavated include marshland, swam pss,, or other wetlands? e. High ground ?xochveation, in cubic, sfr r s . i i f.Aimensio s poil disposal area N JAS g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maintenance? N/A If so, where? j. Does the disposal area include any marshland, swamp NorA ater areas? k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A m. Type of fill material N/A _ n. Source of fill material N/A c. Shoreline erosion during preceding 12 months, in feet none d. Type of bul khead material Concrete e. Amount of fill, in cubic yards, to be placed below mean high water approx 4.4 f Type of fill material -on-rote 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) pr 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. o. Will fill material be pplaced on marsh or other i d wetlands? Tl/A ew an cross An accurate work plat (including plan v sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources N/A Commission Rule 7J.0203 for a detailed description:) q. How will excavated or fill material be kept on site and erosion controlled? Please note that original drawings are preferred and N/A only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic dredge)? None 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 s. Will wetlands be crossed in transporting equipment the like. to project site? XIf yes, explain steps that will be taken to lessen environmental impacts. 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 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of a. Length of bulkhead orriprap concrete bulkhead that opportunity. l..l??-i< <'?`= in place b. Average distance watetward of mean high water or ' f normal water level approx 30 -feet i JUL 2 1111;3 1; 3/'91 Name Dunescapes C/o Quadrant Inc Address T.-O. Box Emerald Isle, 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name Coral Cay c/o Mr. Cameron McR a Any permit issued in response to this application will Address P.O. Box 2771 allow only the development described in the application. Kinston, N.C. 28501 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 work on the project tract. Include permit numbers, pennittee, and issuing dates. Nnn A check for $2S0 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. 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 -1-day of l , 19 93 X __ ?,Iellll_ ?_052? L caner or Authorize agent A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. I I3A-1 to 10). Tr?"rnrr,rrpr- D a 4 3/91 I=DGLJE s H OF-q E s SO' N- . ?:j / =/=1--j 10 ' N EVV t :O .OD.CK I i z J EXISTING P I ER/ D D C K t + TO REMAIN J t EXISTING P IER/CLOCK. + To IDE AEMOVEM a pP:?DPDSED P.AMP S EA NEW P i-Et:A ' ?' + VV i f\/IARSH AL SCALE r r -77 r i" 10 ? PhSEP 0 9 1993 1". COMAE I I CAY ?Ppop. I 1 i r ,.. T ------------------- H TIC LOW T I O E • - /Z aMP 7 7 U Lz? BOGUS SHCDF?E? ---j u u J 10 NEW I?OOU? .. ?o ? I ? ui .? z EXISTING -P 1 ER l D O C K i J To P E 11/'f A IN EXISTING P IER/DOCK. ' ?Q TO F3E AEn/IOVEO , .F____? a I' I Q Pt?DPOSED 121 X S 4? NEW P IFE A I T/IAFRS H ?U - I )'V SEA WALL f? I . 07M Trp n SEP 0 9 i SC-ALE 1 10 COPAL i CAY ?ppop. I l JIL / 30 HIGH TIDE • LOW T I O E /Z N Nq P r l ... ? -• r'?1 --------------- - ----------- -- BOOUE SHD?[=E; NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Bogue Shores Condominiums of Carteret County, filed an application on September 9, 1993, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the applicant is proposing to construct a boat ramp and to reconfigure a pier at 1300 W. Fort Macon Road, on Hoop Hole Creek, in Atlantic Beach, Carteret County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of David Noble, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., (919) 726-7021, Ext. 262 and/or the office of Rick Shiver, Division of Environmental Management, DEHNR Regional Field Office, Wilmington, N.C., (919) 395-3900. The Division of Environmental Management proposes to take final action on this water quality certification on or before November 26, 1993. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to November 21, 1993 for consideration in the CAMA permit decision, and to Preston Howard, Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to November 16, 1993 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Sunday, October 31, 1993 iYA 8 10 p X9R0W N? DIVISION OF COASTAL MANAGEME FIELD INVESTIGATION REPORT ?9W 1. APPLICANT'S NAME: Bogue Shores Condominiums WETLANDS GROUP WATER UALITY SECT01, 2. LOCATION OF PROJECT SITE: 1300 W. Ft. Macon Rd., Hoop Hole Creek, Atlantic Beach, Carteret County Photo Index - 1989:158-9(P-18) 1984:32-1174(R-6) State Plane Coordinates - X:2670400 Y: 353200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Aug. 1993 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received - July 20, 1993;revised Sept 09, 1993 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Transition (B) AEC(s) Involved: CW,PT,EW,ES (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing - septic tank, drainfield Planned -none (F) Type of Structures: Existing - condominium Planned - boat ramp, reconfigure pier (G) Estimated Annual Rate of Erosion: 0 Source - bulkheaded 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 120 sq. ft. Spartina alterniflora (B) Non-Vegetated Wetlands 480 sq. ft. shallow estuarine bottom (C) Other (D) Total Area Disturbed: Approximately 500 sq. ft. (E) Primary Nursery Area: no (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: The applicant proposes to construct a boat ramp and to reconfigure the pier. r FIELD INVESTIGATION REPORT: BOGUE SHORES CONDOMINIUMS PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is a 4.1 acre tract located at 1300 W. Ft. Macon Rd. on Hoop Hole Creek off Bogue Sound. There is a motel building which has been converted to condominium units on the property. The property has an existing dock with slips for short term boat dockage. The applicant proposes to relocate the access walkway leading out to the pier approximately 6' further westward from its present location. The applicant is also proposing to construct a 10' x 10' platform at the waterward end of the existing pier. The relocation of these segments of the pier will allow construction of a proposed 12' x 54' concrete boat ramp. ANTICIPATED IMPACTS: The pier reconfiguration will not occupy any additional public trust waters. However, the proposed boat ramp will require the filling of approximately 120 sq. ft. of Spartina alterniflora.The waters of Hoop Hole Creek are closed to shellfishing by DEH and DMF and are classified as SA by DEM. PREPARED BY W. David Noble October 19, 1993 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 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Bogue Shores c/o Joel L. Keith Address i Fi F,_Enrpst ! i i e Rd City Wakes Forest State NC Zip 27587 Dayphone 832-3683 Landowner or X Authorized agent b. Project name (if any) Bogue Shores Boat Ramp c. If the applicant is not the landowner, also give the owner's name and address. Bogue Shores Condominium Homeowners P.O. Box 776 1300 W. Fort Macon Atlantic Beach, NC _ 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 1300 W. Fort Macon Rd b. City}, town, communi?,, ?T'?andmark Atlantic Beac C. County Cartaret d. Is proposed work within city limits or planning jurisdiction? yes e. Name of body of water nearest project Hoop Hole 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). Install boat ramp and move walki:Tay to oc 3/91 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? Install boat ramp and move existing walkway to dock c. Will the project be for community, private, or commercial use? Private d. Describe the planned use of the project. Boat ramp for Bogue Shores owners an gues 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 4.10 acres b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National ox d?ti f eetcal Datum pp d. Soil type(s) and texture(s) of tract Sandy e. Vegetation on tract _ a r a s s f. Man-mad fe resno on tract 149 unit condominiurr pool , boat OCR g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? resort commercial i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? ,t 3 `? 1 u 1-25L, Y J 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed N/A b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) Two story 149 units on 4.1-0 acres d. Size of area to be graded or disturbed 12' x 54' boat ramp 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. less than one percent g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. concrete 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 tregment facilities. N/A j. Have these facilities received state or local approval? pending k. Describe existing treatment facilities. condominium utilizes septic tank silt drain field 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A 2 m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable 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). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, oat ram roc betty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards none Length Width Depth c. Typeofmaterial d. Does the area to be excavated include marshland, swampss,, or other wetlands? e. High ground 'oneation, in cubic arr. if Jawo f. Dimensions of spoil disposal area N7A g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? N / A if so, where? j. Does the disposal area include any marshland, swamps, or water areas? N/A k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A m. Type of fill material N/A _ n. Source of fill material N/A o. Will fill material be placed on marsh or other ?t wetlands? A p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? N/A What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? None s. Will wetlands be crossed in transporting equipment to project site? _ Ll If yes, explain steps that will be taken to lessen environmental impacts. c. Shoreline erosion during preceding 12 months, in feet . none d. Type of bulkhead material Concrete e. Amount of fill, in cubic yards, to be placed below mean high water approx 4.4 f. Type of fill material concreta _ 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 prints or other larger plats are acceptable only if 18 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 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of ` a. Length of bulkhead orriprap concrete bullcheadthtttopportunity. in place b. Average distance waterward of mean high water or normal waterlevel approx 30 feet 3/91 .. _ _., ....____......,.-rwif . Name Dunescapes C/o Quadrant Inc Address P.D. Box 4455 Emerald Isle, N. 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name Coral Cay c/o Mr. Cameron McRa9kny permit issued in response to this application will Address P.O. Box 277 ` allow only the development described in the application. Kinston, N.C. 28501 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 work on the project tract. Include permit numbers, pennittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. 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 -2- day of o 19 y_Y X L wner or Authorize agent 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). U V) V I= DES UE so' EXIST I NG P 1 E»/ D O C K T D ?I E rV'1 A l N EXIST ING P IEj? (DOCK To PE PIErVIOVED XED/-J 3 p?oPoSE0 ???MP 10 N E\,A/ O.©OCK I I Ii z i I 4\ I f I ? I i NEVl1 P I'E;:A W ,?V [\/I A RSS ?? \\v V (, 1? SEA 1/VA1--L SCALE uiiL'D vi a i. t SAY 1 4 f $ s/ G / El? .30 HIGH T 10E - LOW T 10 E /Z M P BOEUE SI-IOPES 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 QUALITY SECTION FAX # (919) 733-1338 TELECOPY TO: FAX FRO PHONE: 93?B NUMBER OF PAGES, INCLUDING THE COVER SHEET: 3,x?c -e sk&uo C 9c? m?,? , o Q0 ? ?39ay DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 1, 1993 IN REPLY REFER TO Regulatory Branch Action ID. 199400317 Bogue Shores Condominium Homeowners Post Office Box 776 1300 West Fort Macon Road Atlantic Beach, North Carolina 28512 Gentlemen: U ;`c NOV - 91993 Reference your application for Department of the Army (DA) authorization to rebuild a pier and construct a boatramp on Hoop Hole Creek, Atlantic Beach, Carteret County, North Carolina. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by December 1, 1993. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. i -2- If you have questions, please do not hesitate to contact Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 975- 4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 b?. '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. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Joel L. Keith 1616 Forestville Road Wake Forest, North Carolina 27587 DEPARTMENT OF THE ARMY D WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 NOV -91993 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199400317 November 1, 1993 Bogue Shores Condominium Homeowners Post Office Box 776 1300 West Fort Macon Road Atlantic Beach, North Carolina 28512 Gentlemen: On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received October 25, 1993, for Department of the Army authorization to rebuild a pier and construct a boatramp on Hoop Hole Creek, Atlantic Beach, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receivinc such confirmation should you becin work. Your application, pursuant Section 404 of the Clean Water and will be coordinated by Mr. at telephone (919) 251-4725. to Section 10 of the River and Harbor Act and Act, has been assigned Action ID No. 199400317 Scott McLendon in our Wilmington Field Office. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure I- -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 *,• John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.H. Atlanta, GA 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Joel L. Keith 1616 Forestville Road Wake Forest, North Carolina 27587