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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. 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