HomeMy WebLinkAbout19951256 Ver 1_COMPLETE FILE_19960903State of North Carolina
Af,,Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
i?-
AT
4••
ED F= F1
January 26, 1996
Brunswick County
DEM Project # 951256
APPROVAL of 401 Water Quality Certification
Mr. James Prevatte
P.O. Box 2065
Lumberton, NC 28359
Dear Mr. Prevatte:
You have our approval to place,fill material in 144 square feet of wetlands or waters for the
purpose of replacing a bulkhead at 13. d Dollar Court, Holden Beach, as you described in your
application dated 7 December 1995 ' }reviewing your application, we have decided that this fill
is covered by General Water Quality" , a .'ration Number 3025.
This approval is only valid for the puipose.,and design that you described in your application. If
you change your project, you must notify;'us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other, federal, state or local permits before you go ahead with your
project. s p
If you do not accept ny of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. OTo ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
Howard, Jr. P
951256.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
LAMA MAJOR PERMIT APPLICATION RMMY
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON111
WQ SUPERVISOR: ADKINS
DATE: January 18, 1996
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 95 PERMIT NO.: 951256 COUNTY: Brunswick
PROJECT NAME: James B. Prevatte
PROJECT TYPE: Bulkhead PERMIT TYPE: LAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: December 7, 1995
y ?L
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030759 ??P°2
*STREAM OR ADJACENT WATER BODY: AIWW
CLASS: SA STREAM INDEX #: 15-25 01
*OPEN OR CLOSED: Closed 6'
WL IWACT: Yes WL TYPE: SM
WL REQUESTED: 0.003 WL ACR EST: Yes
WL SCORE: N/A
MITIGATION: N/A MITIGATI E: N/A
MITIGATION SIZE: N/A RA' SHEET ATTACFIED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: N-6,:'-
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to replace an existing bulkhead which will
incorporate an existing boat ramp.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES., TYPE: General Certification #3025
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:. 144 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
951256.Jan
„
OAARINA
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.)
RECOMMENDED CONDITIONS OR PERIVIIT RESTRICTIONS: That the project be
done in such a manner so as to not cause turbidity outside the immediate construction area to
exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Brooks
John Parker:
r?A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
?` I5125?
1. APPLICANT'S NAME: James B. Prevatte
2. LOCATION OF PROJECT SITE: 138 Sand Dollar Dr., Holden Beach, NC, Brunswick Co.
Photo Index - 1989: 4 185-6 G-13 1984: 7-49 M-3
State Plane Coordinates - X: 2209800 Y: 59800
/ no'N
3".
4.
5.
6.
7.
INVESTIGATION TYPE: CAMA
INVESTIGATIVE ROCEDURE: Dates of Site Visit 10/25/95
Was Applicant Present
PROCESSING PROCEDURE: Application Received - 12/6/95
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - Holden Beach
Land ::Classification From LUP - Limited Transition-Low Density Residential and
Conservation
(B) AEC(s) Involved: CW
(C) Water Dependent: No ate
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Individual septic tank system
Planned - N/A
(F) Type of Structures: Existing - Single-family residence
Planned - Replacement bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands 144 sq.ft.
High marsh
(B) Non-Vegetated Wetlands
(C) Other 166 sq.ft.
Highground
(D) Total Area Disturbed: 300 sq.ft.
(E) Primary Nursery Area: NO
(F) Water Classification: SA Open: NO
8. PROJECT SUMMARY: The applicant proposes to construct a replacement bulkhead, landward
of the canal's original concrete bulkhead. The proposed bulkhead would close an existing boat
ramp, and incorporate the associated coastal wetland vegetation.
a - 11
James B. Prevatte
Page 2
9. PROJECT DESCRIPTION
The project site is located at 138 & 140 Sand Dollar Dr. (Lots 254,255,256,257,258,259), Heritage
Harbor Subdivision, on Holden Beach, in Brunswick County, North Carolina. Heritage Harbor
Subdivision is oriented around a system of three finger canals, which are connected to the Atlantic
Intracoastal Waterway. The property is 150 feet wide and 100 feet in depth. There are two existing
single-family residences on the property, and the waterfront shoreline is stabilized by an existing,
sloping concrete bulkhead. There are existing piers and docks at both residences, and an old boat ramp
located between them, in the northeast corner of Lot 256. The boat ramp is dirt/mud bottomed and was
created by cutting an opening through the upper portion of the sloped concrete bulkhead. The work was
done by a previous property owner, and has been in disuse for some time. The boat ramp is
approximately 12 feet wide and indents into the lots approximately 25 feet. It has a sloped earthen
bottom, and high marsh coastal wetland species, Limonium, spp., Salicorma, spp., Distichlas spicata,
and Borrichia frutescens, have colonized the lower 12 feet of the boat ramp. The remainder of the boat
ramp is lawn grass.
The waters adjacent to the project area are. classified SA, by the N. C. Division of Environmental
Management, and they are CLOSED t6 the - arvest of shellfish. The waters are not designated as
Primary Nursery Area by the N. C. Division of Marine Fisheries.
The applicant proposes to construct a new vertical wooden bulkhead on the landward side of the old
concrete bulkhead. A section of new bulkhead would cross the mouth of the old boat ramp. The ramp
would be back-filled to the elevation of the adjacent yards. The proposed bulkhead would 150 feet long,
and would be above MHW along it's entire alignment.
10. ANTICIPATED IMPACTS
The proposed project would incorporate approximately 144 square feet of mixed species, high coastal
marsh vegetation.
Submitted by: E.F. Brooks Date: 12/6/95 Office: Wilmington
*tb5rm DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Holden Beach
1. APPLICANT R 7TR?
P131!and dress or secondary road number
140 Sand
a. Landowner: Dollar Drive
DEC 0 5 1995
Name James B . Prevatte+ d. Is proposed work within city limits or planning
OF jurisdiction? X Yes No
ASTAL MANAGEMENT
Address Post Office Box actor
- e. Name of body of water nearest project (e.g. river,
City Lumberton State NC creek, sound, bay) Canal No. 3 (Connected
a$35C4 to the Atlantic Intracoastal Waterway)
Zips Day Phone 910-739-7119
Fax G10_-?3q,4
b. Authorized Agent:
Name
Address
City State ?.
Zip Day. Phone
Fax
c. Project name (if any)
NOTE: Perndt will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick :
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Crnstruct 150 feet of bulkhead and close
and fill old boat ramp (300 sq. ft.)
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
c. Will the project be for public, private or commercial
use? Private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Construct bulkhead to
prevent erosion and fill area that
will fall landward of bulkhead.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
m. Describe existing wastewater treatment facilities.
Individual septic tanks
a. Size of entire tract 19 , 000 Sa. Ft.
b. Size of individual lot(s) 2,500 Sq. Ft.
c. Approximate elevation of tract above MHW or
NWL 7.0 feet +
d. Soil type(s) and texture(s) of tract
Sand3T
e. Vegetation on tract Grass
f. Man-made features now on tract House,..,,,
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local " use plan.)
Conservation Transitional
Developed Community
Rural _ _y,_ Other
Limited transition bw density residential
h. How is the tract zoned by local government?
R1
i. Is the proposed project consistent with the applicable
zoning? x Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.) Surface
runoff
water
T'7
non n ??? J/
','VISION OF
COASTAL MANAGSMENT
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.02031 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 an
adequate number of 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
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
•
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as 'proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed. project to the Division of Coastal
Management. Upon signing this: form, the applicant
further certifies that such notice has been provided.
Name Shirley Mackay ;
Address 302 West Renovah Circle
Phone Wilmington, NC 28403
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I 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 the
project.
Name
Address
Phone
•
I further certify that the information provided in this
application is truthful to the best of my knowledge.
Name 1_L \1- ?Pg 0 Q k"o-.
Address e-n u'
Phone n w151U+ MENT
.0 p,ST Al M"
A list of previous state or federal permits issued for
work on the project tract.` Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
This is the day of, 19,ZY
Print Name ?AMF.? ?iT('?
Signature
caner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
1??1'JG."J5 '1b:.51 tsrcurvawi?.r? Form DCNI-MT-2
e. Does the disposal area include any coastal w Y
(marsh), SAVs or other wetlands? (1) unto noneertal to be placed in the
Yes No DEC 0 6 1995 er 25 1 x 12
Dimensions of fill area
DIVISION OF
f. Does the disposal include any area in the water?
Yes No COASTAL MANAC-( . ' se of fill To Pill old unused
boat ramp
b. Will fill material be placed In coastal wetlands
3, SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead -Riprag
b. Length 150 feet
c. Average distance waterward of MHW or NWL
a T?
d. Maximum distance waterward of MHW )'
0'
e. Shoreline erosion during preceding 12 rnonthY
None
(Source of lnfon-danJ
(marsh), SAVs or other wetlands?
X -Yes _.__- No
If Yes,
121x251
(1) Dimensions of fill area
(2) purpose Of fd} To fill old u u ed
boat, ramp
5. GENERAL,
a. How will excavated or fill material be kept on site
and erosion controlled? bulkhead
f. Type of bulkhead or r}prap material wood
b.
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap None
(2) Bulkhead backfill b
C.
h. Type of fill material Sand
i. Source of fill material _E2mLted quarry site.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
x yes .__m_a= No
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Truck and backhoe
Will wetlands be crsssed in transporting equipment
to project site? -Yes _ x No -
If yes, explain steps that -will be taken to lessen
environmental impacts.
Applicant or Project Name
(2-1,Ade T3 . 4U4
lgnature
Date
n_..f__J f1t1A!
Form DC1Vi MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-L, Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given In feet.
Average
EASUDg ett
irnoth Width tkoth tl.
Access
channel
(MLW) or (NwL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
V t{
2s' 12' 21 of
Z11017117?B
DEC 0 6 1995
DIVISION OF
COASTAL MANAGEMENT
1. EXCAVATION N/A ?
ill I
a. Amount of material to be excavated from below
MHW or NWL In cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXI;?VATED
MATERIAL N/A
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
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