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HomeMy WebLinkAbout19960225 Ver 1_Complete File_19960402James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 21, 1996 State of North Carolina G ??? Department of Environmen Health and Natural Resour sMAR 0 4 19QR Division of Coastal Management....... MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator X 1W Y 0 " A14 e i ?1 Pak ID FE F1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Hurst Harbor North Homeowners Park/Venice Cook, Trustee Project Location: near Swansboro, on Foster Creek between Lots 9 and 10, at the end of Harold Avenue, in Hurst Harbor North Subdivision, Onslow County Proposed Project: to construct a community boat ramp with associated access channel Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 13, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-7021. 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. SIGNED 14 ? I l i iDATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Cou er #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 C% post-cons_mer paper This agency objects to the project for reasons described in the attached comments. of . To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON WQ SUPERVISOR: ADKI DATE: April 26, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960225 COUNTY: Onslow PROJECT NAME: Hurst Harbor North Homeowners Park/Venice Cook Trustee PROJECT TYPE: Boat Ramp PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: March 4, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501 *STREAM OR ADJACENT WATER BODY: Foster Creek CLASS: SC STREAM INDEX #: 20-35 *OPEN OR CLOSED: Closed WL IMPACT: No WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A y? '' f1 PROJECT DESCRIPTION: The applicant proposes to construct a boat ramp and excavate an access channel. RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A 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: 270 sq. ft. WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? No RECOMMENDED 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. cc: Central Files Wilmington Regional Office Files DCM-Jim Mercer John Parker 41111111111PAW State of North Carolina 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 09PFA,&all ?EHNR April 2, 1996 Onslow County DEM Project # 960225 COE #199603013 APPROVAL of 401 Water Quality Certification Gertrude Hurst Trust P.O. Box 515 Swansboro, NC 28584 Dear Sirs: You have our approval to place fill material in 0.05 acres of wetlands or waters for the purpose of constructing a boat ramp, access at Hurst Harbor North subdivision on Foster Creek between lots 9 and 10, as you described in your application dated 6 ?March 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose 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. If you do not accept any 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. To ask for a hearing, send a written petition which conforms to Chapter 156 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 Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files Doug Huggett; DCM Donald Clements, Jr. 1 on How , Jr. P.E. 960225.1tr 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 F x~.01 966225 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hurst Harbor North Homeowners Park / Mrs. Venice Cook Trustee 2. LOCATION OF PROJECT SITE: near Swansboro, on Foster Creek between Lots 9 and 10 at the end of Harold Avenue, in Hurst Harbor North Subdivision, Onslow County Photo Index - 1989: Strip #27 Frame #1133 @ G-9 & 10 State Plane Coordinates - X: 2559600 Y: 342000 USGS 7.5 min Topographic Map "HUBERT" photo revised 1983 3. INVESTIGATION TYPE: CAMA and Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 1995 and 13 February 1996 Was Applicant Present - No and No 5. PROCESSING PROCEDURE: Application Received - 26 January 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Onslow County LUP Up-Date Land Classification From LUP - Developed / Conservation (B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private Residential / Community Access (E) Wastewater Treatment: Existing - Onslow County Water & Sewer System Planned - No hook-up at Park (F) Type of Structures: Existing - None Planned - Driveway, Ramp, Bulkhead, Channel (G) Estimated Annual Rate of Erosion: Nominal Source - Stable fringe marsh. 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Foot Print Saltmarsh cordgrass / Ramp 260 sq. ft. / Pier 180 sq. ft. (B) Non-Vegetated Wetlands Intertidal Creek Bottom / Ramp 270 sq. ft. / Pier 270 sq. ft. / Access Channel 1,824 sq.ft. (C) Other: Highground / Driveway 7,200 sq. ft. 180 sq.ft. 4,200 sq. ft. (D) Total Area Disturbed: Approximately 14,424 sq. ft. (E) Primary Nursery Area: NO of W (F) Water Classification: 'SC' Open: NO 8. PROJECT SUMMARY: The applicant proposes to develop a community water access site with the construction of a marl driveway, a wooden/concrete boat ramp and an excavated entrance channel. FIELD INVESTIGATION REPORT: HURST HARBOR NORTH / HOMEOWNER'S PARK PAGE #2 9. NARRATIVE DESCRIPTION: The project site is located on Foster's Creek south west of Swansboro off SR #1511 (the Hammock's Beach Road) in Hurst Harbor North Subdivision at the end of Harold Avenue between lots 9 and 10. The development is located in an unzoned section of Onslow County. The project site consists of approximately 0.35 acres of highground property flanked on the east and west sides by coastal wetlands. The Homeowners Park is an elevated piece of land with general contours that range from 24 feet near the paved road to 10 feet near the shoreline. Hurst Harbor North is an extension of the original Hurst Harbor Subdivision that was developed about 4 years ago. That development received a CAMA Major Permit 133- 92 authorizing the construction of another community boat ramp and access pier off John L. Hurst Drive on the Intracoastal Waterway. The SC surface waters of Foster's Creek are closed to shellfishing due in part to the proximity of Swansboro's wastewater treatment plant at the head of creek. The subdivision is serviced by county water and sewer. A review of other resource information indicates that the project site is located in the vicinity of possible archaeological sites. Mrs. Venice Cook of Swansboro represents the applicant, Gertrude L. Hurst Trust. The Trust is developing Hurst Harbor North Subdivision and the proposed Homeowners Park. Mr. Donald C. Clements, Jr. has furnished the technical assistance to the completed application and has surveyed the site as shown of the respective workplat drawings. It is worthwhile to mention that a Minor CAMA Notice of Violation was issued on February 20, 1996 to the developer for land disturbing activities that were under taken on the Park property without permit authorization. The applicant proposes to develop a community park and launching facility by providing pier, boat ramp and an access channel in Foster's Creek. A significant amount of earth removal will be required to develop a finished slope and grade that will provide proper elevation and access to the boat ramp. Retaining walls are scheduled for construction along the sidelines of the property as shown on the workplat drawing. These highground structures will help support the required depth of grade. The over burden will be trucked off site. As the workplat drawings show, a marl driveway with turn around loop will connect the street end with the proposed ramp. The ramp has been designed as a wooden pile structure elevated over the 26 foot fringe of saltmarsh cordgrass. Once passed the marsh, a vertical bulkhead and concrete fill will be used to extend the ramp an additional 27 feet into the creek. During mean low tide, most of the area in front of the marsh is an exposed mud flat with "coon" oysters present along the shoreline. Because of the shallow water conditions, an access channel will have to be excavated approximately 108 feet long by 10 feet wide by -1 foot to connect the natural -2.5 foot waters in the creek. The position of the ramp on the shoreline, maximizes existing depths in the shallow water creek. It is anticipated that a small barge mounted excavator will remove approximately 88 cubic yards of silty sand and mud from the proposed alignment. The spoils will be transported by truck to the northeast corner of SR #1511 at Ned Lane. In order to accommodate the FIELD INVESTIGATION REPORT: HURST HARBOR NORTH / HOMEOWNER'S PARK PAGE #3 necessary grades of the highground property and the offshore ramp, 2 bulkheads will be constructed, Bulkhead #1 (loft. long) is scheduled for construction just landward of the marsh grass where the new driveway meets the wooden ramp. Bulkhead #2 (27ft.long) will be located in Foster's Creek at the end of the wooden ramp on the waterward side of the marsh. The project plans call for the construction of wooden pier on the left hand side of the boat ramp to accommodate loading and unloading personal gear and pedestrian traffic. The pier will measure 6 feet wide by 100 feet long. 10. ANTICIPATED IMPACTS: On the highground, approximately 7,200 square feet of elevated property will be modified by the grading and sloping requirements for the proposed boat ramp. The marl driveway scheduled for construction will occupy about 2,100 square feet on the hill. In the area of the saltmarsh cordgrass, the wooden pier and elevated boat ramp will generate a foot print shadow approximately 440 square feet on the vegetation. The intertidal mud flat, approximately 270 square feet, will be displaced by the 27 foot long concrete section of the boat ramp. This area includes a scatted number of coon oysters. In addition, approximately 4,200 square feet of shallow water bottomland will be altered by the proposed excavation. A shellfish survey of this area has not been completed.The 88 cubic yards of muddy sand will be ferried to the highground property and trucked to a near by disposal site. The spoil site, at the corner of SR #1511 and Ned Lane, will be available to the homeowners for future maintenance requirements. The proposed project is located in the SC waters of Foster's Creek. PREPARED BY: JAMES L. MERCER DATE: 21 FEBRUARY 1996 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Swansboro 1. APPLICANT c. Street address or secondary road number S.R. 1511 a. Landowner: Name Gertrude L. Hurst Trust ? Address P.O. Box 42-$ 6-1 City Swansboro State N. C. d. Is proposed work within city limits or planning jurisdiction? Yes _gx No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Foster ' s Bay Zip 28584 Day Phone (910) 326-3125 Fax b. Authorized Agent: Name Donald C. Clements Jr. Address P.O.Box 67 City Atlantic Beach State N.C. Zip 28512 Day Phone919-726-0414 Fax C. Project name (if any) Hurst Harbor North Homeowners Park NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Onslow 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. nnr-k, 1 niinr,hi nq ram;), 1-hullrhPada anri 1 aiinrl-ii ng ram= rhannPl _ b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? P r i y a i-. P 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. Park area for residents. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.35 Ac. s +/- b. Size of individual lot(s) N / A c. Approximate elevation of tract above M1-1W or NWL 10 ft. d. Soil type(s) and texture(s) of tract Sanrly T,nam e. Vegetation on tract Rine and hardwends f. Man-made features now on tract Nnn a _ g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation xx Transitional Developed Community Rural Other h. How is the tract zoned by local government? . None- i. Is the proposed project consistent with the applicable zoning? XX Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes XX 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? X2L Yes No Coastal (marsh) fix., ; _- Other If yes, has a delineation been" conducted? No. (Attach documentation, if available) m. Describe existing wastewater treatment facilities. NnnP 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.) Rain Riinnff o. Describe existing drinking water supply source. None 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.020' ) 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 r Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • 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. 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. Name Mr. Barry Matthews I certify that I am authorized to grant, and do in fact, Address P . o . Box 155, swansboro N.C. grant permission to representatives of state and federal Phone 910-326-4152 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name John Caddell permit application and follow-up monitoring of the Address Point Emerald Villas, F_ .mprald Ispoject. Phone 919-354-6846 N.C. I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. This is the 2 3 day of k? . , 19 9 ?- . Print Name c ?? I LI ?, S Signature vw C wrur or Authorized Agent • 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. Revised 03/95 Please indicate attachments pertaining to your proposed project. - DCM MP-2 Excavation and Fill Information , Y DCM MP-3 Upland Development x 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. s ' Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. 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 Final Existing Project Length Width Depth Depth Access channel (MLW) or (NwL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 108' 10' -1'MLW -2.5' MLW 27' 10' 0.0' -2.5' MLW 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 88 cu. yds. b. Type of material to be excavated S a n d/ s i l t c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes XX No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area NE corner S . R . 1511 and N d Lane. b. Dimensions of disposal area 20' by 45' c. Do you claim title to disposal area? XX Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? XX Yes No If yes, where? jiiNrrilrw.rr r •w r • wrrrrh rw aw rria. 4 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes XX No f. Does the disposal include any area in the water? Yes gy No If yes, (1) Amount of material to be placed in the water 13 cu. yd: s (2) Dimensions of fill area i n , h4z 2 (3) Purpose of fill Launch ramp b. 3. SHORELINE STABILIZATION a. Type of shoreline stabilization XX Bulkhead Riprap b. Length #1 10' #2 10' c. Average distance waterward of MHW or NWL #1@ MHW #2 27 ft_ d. Maximum distance waterward of MHW or NWL #1 0.0' #230 ft. e. Shoreline erosion during preceding 12 months None. (Source of information) f. Type of bulkhead or riprap material #1 wooden #2 wooden g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill #2, 13 cu. Yds. h. Type of fill material #1 earthen fill #2, concrete ramp, i. Source of fill material imported/ trucked to site. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? XX Yes No Will fill material be placed in (marsh), SAVs or other wetlands? Yes XX No If yes, (1) Dimensions of fill area _ (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fences. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe. c. Will wetlands be crossed in transporting equipment to project site? Yes XX No If yes, explain steps that will be taken to lessen environmental impacts. Applica It or Project Name y Sig lure .2-3 , 'C1 lD Date coastal wetlands Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed None, b. Number of lots or parcels One. c. Density (give the number of residential units and the units per acre) 0.0 (n6nel'i d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 10p C!7 _ fi-_ 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 Yes N/A No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Marl. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes XX No if yes, date submitted i. Describe proposed method of sewage disposal. N/A j. Have the facilities described in Item i. above received state or local approval? (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges). Rain Runoff. 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) NIZ A m. Will water be impounded? If yes, how many acres? _ n. If the project is a oceanfront development, when was the lot(s) platted and recorded? MXA g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 2 A Revised 03/95 Hurst_Harbor Homeowner's Park Applicant or Project Name sisLJ, ure I --- Z - G (? ?1T?(n?f r?i?lf fir Date JAI 2 6 1996 Yes XX No Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial XXCommunity _ Private (2) Number one (3) Length 100 ft. (4) Width 6 ft. (5) Finger Piers Yes X _ No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes XX No (i) Number (ii) Length (iii) Width (7) Number of slips proposed NnnP (8) Proximity of structure to adjacent riparian property lines 22 ft- (9) Width of water body 500 ft-.. (10) Water depth at waterward end of pier at MLW or NWL -1 f t. MLW b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width g. 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R. 151 1 HAMMOCKS BEACH ROAD 20' C --I C m o 0 ( 20' U r C ° ( JI -n o X 0 D O -p N W. m O D D = r- D M rrl D m D 2 0' m rn D -? m D m z n?n?3T- z-z-D-O z O pray-Ir0 v m r r mr N n n _ O -I m _ mm < c - r D = 0 Z MT?cr ?+ mcwN :. -n r- - ?N - X . :..? n O? ran 000 N --4 mxmKm- pm- ?r -I ? m D r 'D --I -4 r _= r z 0 O C - O co m > mm m m Co D N o -, (1) Q z D p ?. c., .r a a 0 T s F N W I BULKHEAD #I BULKHEAD 92 yy D N C 0 C) m O O o = D ? z m Co ? D O m m (n C) D z0 0 TW --?:* 77 REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199603013 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 March 6, 1996 g6d2;;?S Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Hurst Harbor North Homeowners Park for Department of the Army authorization and a State Water Quality Certification to dredge approximately 1,820 square feet of intertidal creek bottom for a boat access channel, fill 270 square feet of intertidal bottom for the construction of a boat ramp, and construct a pier for the purpose of developing a community water access site on Foster Creek, at the end of Harold Avenue, between lots 9 and 10, in the Hurst Harbor North subdivision, in Swansboro, Onslow 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by May 6, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Printed on 0 Recycled Paper #1 Nc 1 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 06 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hurst Harbor North Homeowners Park / Mrs. Venice Cook Trustee 2. LOCATION OF PROJECT SITE: near Swansboro, on Foster Creek between Lots 9 and 10 at the end of Harold Avenue, in Hurst Harbor North Subdivision, Onslow County RECEIVED Photo Inde ='1989: Strip #27 Frame #1133 @ G-9 & 10 State Plane Coordinates - X: 2559600 Y: 342000 FEB 2 3 19°6 USGS ,7.5 min Topographic Map HUBERTM photo revised 1983 X Q U1.ATOPY QUvt:L 3. INVESTIGATION TYPE: CAMA and Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 1995 and 13 February 1996 Was Applicant Present - No and No 5. PROCESSING PROCEDURE: Application Received - 26 January 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Onslow County LUP Up-Date Land Classification From LUP - Developed / Conservation (B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private Residential / Community Access (E) Wastewater Treatment: Existing - Onslow County Water & Sewer System Planned - No hook-up at Park (F) Type of Structures: Existing - None Planned - Driveway, Ramp, Bulkhead, Channel (G) Estimated Annual Rate of Erosion: Nominal Source - Stable fringe marsh. 7. HABITAT DESCRIPTION: [AREA] DREDGED FIT J .Fn nTP'Pl? (A) Vegetated Wetlands Foot Print Saltmarsh cordgrass / Ramp 260 sq.ft. / Pier 180 sq.ft. (B) Non-Vegetated Wetlands Intertidal Creek Bottom / Ramp 270 sq.ft. / Pier 270 sq. ft. / Access Channel 1,824 sq. ft. (C) Other: Highground / Driveway 7,200 sq. ft. 180 sq. ft. 4,200 sq. ft. (D) Total Area Disturbed: Approximately 14,424 sq.ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SC' Open: NO 8. PROJECT SUMMARY: The applicant proposes to develop a community water access site with the construction of a marl driveway, a wooden/concrete boat ramp and an excavated entrance channel. FIELD INVESTIGATION REPORT: HURST HARBOR NORTH / HOMEOWNER'S PARK PAGE #2 9. NARRATIVE DESCRIPTION: The project site is located on Foster's Creek south west of Swansboro off SR #1511 (the Hammock's Beach Road) in Hurst Harbor North Subdivision at the end of Harold Avenue between lots 9 and 10. The development is located in an unzoned section of Onslow County. The project site consists of approximately 0.35 acres of highground property flanked on the east and west sides by coastal wetlands. The Homeowners Park is an elevated piece of land with general contours that range from 24 feet near the paved road to 10 feet near the shoreline. Hurst Harbor North is an extension of the original Hurst Harbor Subdivision that was developed about 4 years ago. That development received a CAMA Major Permit 133- 92 authorizing the construction of another community boat ramp and access pier off John L. Hurst Drive on the Intracoastal Waterway. The SC surface waters of Foster's Creek are closed to shellfishing due in part to the proximity of Swansboro's wastewater treatment plant at the head of creek. The subdivision is serviced by county water and sewer. A review of other resource information indicates that the project site is located in the vicinity of possible archaeological sites. Mrs. Venice Cook of Swansboro represents the applicant, Gertrude L. Hurst Trust. The Trust is developing Hurst Harbor North Subdivision and the proposed Homeowners Park. Mr. Donald C. Clements, Jr. has furnished the technical assistance to the completed application and has surveyed the site as shown of the respective workplat drawings. It is worthwhile to mention that a Minor CAMA Notice of Violation was issued on February 20, 1996 to the developer for land disturbing activities that were under taken on the Park property without permit authorization. The applicant proposes to develop a community park and launching facility by providing pier, boat ramp and an access channel in Foster's Creek. A significant amount of earth removal will be required to develop a finished slope and grade that will provide proper elevation and access to the boat ramp. Retaining walls are scheduled for construction along the sidelines of the property as shown on the workplat drawing. These highground structures will help support the required depth of grade. The over burden will be trucked off site. As the workplat drawings show, a marl driveway with turn around loop will connect the street end with the proposed ramp. The ramp has been designed as a wooden pile structure elevated over the 26 foot fringe of saltmarsh cordgrass. Once passed the marsh, a vertical bulkhead and concrete fill will be used to extend the ramp an additional 27 feet into the creek. During mean low tide, most of the area in front of the marsh is an exposed mud flat with "coon" oysters present along the shoreline. Because of the shallow water conditions, an access channel will have to be excavated approximately 108 feet long by 10 feet wide by -1 foot to connect the natural -2.5 foot waters in the creek. The position of the ramp on the shoreline, maximizes existing depths in the shallow water creek. It is anticipated that a small barge mounted excavator will remove approximately 88 cubic yards of silty sand and mud from the proposed alignment. The spoils will be transported by truck to the northeast corner of SR #1511 at Ned Lane. In order to accommodate the 'f FIELD INVESTIGATION REPORT: HURST HARBOR NORTH / HOMEOWNER'S PARK PAGE #3 necessary grades of the highground property and the offshore ramp, 2 bulkheads will be constructed, Bulkhead #1 (loft. long) is scheduled for construction just landward of the marsh grass where the new driveway meets the wooden ramp. Bulkhead #2 (27ft.long) will be located in Foster's Creek at the end of the wooden ramp on the waterward side of the marsh. The project plans call for the construction of wooden pier on the left hand side of the boat ramp to accommodate loading and unloading personal gear and pedestrian traffic. The pier will measure 6 feet wide by 100 feet long. 10. ANTICIPATED IMPACTS: On the highground, approximately 7,200 square feet of elevated property will be modified by the grading and sloping requirements for the proposed boat ramp. The marl driveway scheduled for construction will occupy about 2,100 square feet on the hill. In the area of the saltmarsh cordgrass, the wooden pier and elevated boat ramp will generate a foot print shadow approximately 440 square feet on the vegetation. The intertidal mud flat, approximately 270 square feet, will be displaced by the 27 foot long concrete section of the boat ramp. This area includes a scatted number of coon oysters. In addition, approximately 4,200 square feet of shallow water bottomland will be altered by the proposed excavation. A shellfish survey of this area has not been completed.The 88 cubic yards of muddy sand will be ferried to the highground property and trucked to a near by disposal site. The spoil site, at the corner of SR #1511 and Ned Lane, will be available to the homeowners for future maintenance requirements. The proposed project is located in the SC waters of Foster's Creek. PREPARED BY: JAMES L. MERCER DATE: 21 FEBRUARY 1996 Form DCM-MP-1 APPLICATIONEcE'VED (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Gertrude L. Hurst Trust Address P. 0. Box 4;R J City Swansboro State N. C. WGt11. -101- y kiwi iap b. City, town, community or landmark Swansboro c. Street address or secondary road number _ S.R. 1511 d. Is proposed work within city limits or planning jurisdiction? Yes xx No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Foster ' s Bay Zip 28584 Day Phone (910) 326-3125 Fax b. Authorized Agent: 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Donald C. Clements Jr. Address P . 0 . Box 67 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. T)nr-Ir 1 aunt-hi nq ramp 'hill khPAH-, antl 1 arnnrhi ng ram= ?hannPl _ City Atlantic Beach State N.C. Zip 28512 Day Phone 919-726-0414 b. Is the proposed activity maintenance of an existing project, new work, or both? NPw Fax c. Project name (if any) Hurst Harbor North Homeowners Park NOTE. Pernat will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County On s 1 ow Revised 03/95 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. Park area for residents o Form DCM-MP-1 t.. a 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.35 Ac-.-s +/- b. Size of individual lot(s) N / n c. Approximate elevation of tract above MHW or NWL in ft_ d. Soil type(s) and texture(s) of tract _Sanrly T.nam e. Vegetation on tract f. Man-made features now on tract Nnno g. What is the CAMA Land Use Plan land classification of the site? (Consult the local lm,d use plan.) Conservation xx Transitional Developed Community Rural _ Other h. How is the tract zoned by local government? Non P _ i. Is the proposed project consistent with the applicable zoning? %X Yes No (Attach zoning compliance certiifi=,' if appUwble) j. Has a professional archaeological assessment been done for the tract? _ Yes XX 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 .Xy_ No 1. Are there wetlands on the site? Z.X_ Yes No Coastal (marshy Other If yes,, has a delineation been conducted? No. (Attach domnwn=don, if available) m. Describe existing wastewater treatment facilities. Nnn rz 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.) amain Riinnff o. Describe existing drinking water supply source. 1?Tn n c 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 71.0203 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 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 03/45 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. l? 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. Name Mr. Barry Matthews I certify that I am authorized to grant, and do in fact, Address P.O.Box 155, Swansboro N.C. grant permission to representatives of state and federal Phone 910-326-4152 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name John Caddell permit application and follow-up monitoring of the Address Point Emerald Villas. F,mPral d Isomject. Phone 919-354-6846 N.C. Name I further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. This is the 'I day of Z Ad . , 19-1 ?;. Print Name ?' ?? ( it S T Signature Landdwner or Authorized Agent J • 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. Revised 03/95 Please indicate attachments pertaining to your proposed project. -_y__ DCM MP-2 Excavation and Fill Information -Y DCM MP-3 Upland Development _X_ 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. form DCM-MP-2 EXCAVATION AND-T-;-ILL (Except bridges and =17'erls) Attach this form to joint Application for CAMA Major Be sure to complete all Permit, Form.. DC.M:MP'1• that relate to this other sections of the Joint Application proposed Project, ._.., . Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final E*ting project urAth Devtb Depth Access channel ' (MLV) or Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilizatic Revised 03/95 1. EXCAVATION a. Amount of material to be excavated from om ae ow MHW or NWL in cubic yards 8 ?4llt b. Type of material to be excavated _Sand C. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes _XL No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area NE corner S. R,15 = and Npd b. Dimensions of disposal area 2 by 4 5 ' c. Do you claim title to disposal area? XX Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for futu maintenance? XX Yes No if yes, where? y ? rr r? • + rrrr..? rrrwirliii rorm VC;M-MP-2 e. Does the disposal area include any coastal wetlands If es (marsh), SAVs or other wetlands? y ' Yes xx No (1) Amount of material to be p water- 13 cu. vd ' s f. Does the disposal include any area in the water? (2) Dimensions of fill area in , Yes xx No (3) Purpose of fill Launch ray w 3. SHORELINE STABILIZATION b. Will fill material be placed in coast x _ # Yes XX No a. Type of shoreline stabilization If yes, 4 ` L -yx_ Bulkhead Riprap (1) Dimensions of fill area b. Length # 1 10 # 1 (2) Purpose of fill 2 " c. Average distance waterward of MHW or NWL `x, a?', # C? 1KNW #t ? ? 7 f t 'M d. Maximum distance waterward of MHW or NWL 5• GENERAL. #1 0.01 #230 ft. - e. Shoreline erosion during precedin 12 m h a• How will excavated or fill material be k: g ont s None and erosion controlled? silt fence. (Source of information) f. Type of bulkhead or riprap material #1 wooden # wooden b. What type of construction equipment wil g. Amount of fill in cubic yards to be laced below p (for example, dragline, backhoe, or _ water level dredge)? (1) Riprap Backhoe. (2) Bulkhead backfill #2 , 13 cu Yd h. Type of fill material #1 earthen fill c. Will wetlands be crDssed in transporting of #2, concrete ramp to project site? Yes XX No If yes, explain steps that wi11 be taken t i. Source of fill material imported/ t nkgc environmental impacts. u to site. 4. OTHER FILL ACTIVITIES ? (Excluding Shoreline Stabilization) Applicant or Project Name I I a. Will fill material be brought to site? Signature XX Yes No -- Z.3 --? Date Revised 03195 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed one b. Number of lots or parcels One ------------- c. Density (give the number of residential units and the units per acre) 0 . p ( none t h. Projects that require a CAMA Major L Permit may also require a Stormwater C Has a site development plan been suba Division of Environmental Management Yes XX No If yes, date submitted i. Describe proposed method of sewage di; _N/A j. Have the facilities described in Item received state or local approval? (Attach appropriate documentation) surf d. Size of area to be graded, filled or disturbed k waters b of the location state (for example, os including roads, ditches, etc. 9 i ?n ?rY f+ urfa? sanitary wastewater, industrial/commercia "wash down" and residential discharges). e. If the proposed project will disturb more than one -Rain Runoff, 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. 1. Describe pro osed dri If applicable, has a sedimentation and erosion p drinking water suppl control plan been submitted to the Division of Land (e.g. well, community, public system, etc. Resources? N A Yes - -A/-A- No N/? If yes, date submitted m. Will water be impounded? Yes } f. List the materials (such as marl, paver stone, If yes, how many acres? asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront develo men Marl. p was the lot(s) platted and recorded? _ _VT g. Give the percentage of the tract within 75 feet of ppU?io Proec°NamQomeowner's Pa MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by !A t v?,Cl impervious and/or built-upon surfaces, such as Sig ure pavement, buildings, rooftops, or to be used for vehicular driveways or parking. ry - Z Date Revised 03195 JAN Form DCM-Mp-4 STRUCTUREPS (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) Commercial.XCommunity Private (2) Number one (3) Length 100 f (4) Width 6 f t . (5) Finger Piers Yes -Xx_ No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes -xX. No (i) Number (ii) Length (iii) Width (7) Number of slips proposed None (8) Proximity of structure to adjacent riparian property lines _9_f t _ (9) Width of water body 50n (10) Water depth at waterward end of pier at MLW or NWL -1 f t . MLW b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length (s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) _ Commercial -Community (2) Number (3) Description of buoy (Color, inscription, size, anchor, (4) Width of water body (5) Distance buoy(s) to be place shoreline f. 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