20021867 Ver 1_COMPLETE FILE_20020124

MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ben Barker County New Hanover
Project Number 02 1867 County2
Recvd From DCM Region Wilmington
Received Date 12/4/02 Recvd By Region
Project Type maintenance dredging
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet = - =
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA Waters O Y O N F 15-87-21 SA ORw 30,624. 2.73 F
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: OQ Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objections to the eject as proposed provided the spoil disposal area is
constructed according to the aproved plans prior to s oip 1 deposition and turbidity levels did not
exceed 25 NTUs outside of the project area,
cc: Regional Office
Central Office Page Number 1
Facility Name Ben Barker County New Hanover
Project Number 02 1867 Regional Contact: N. Lutheran
Date: 1/6/2003
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
Ben Barker #021867
Subject: Ben Barker #021867
Date: Fri, 20 Dec 2002 16:29:50 -0500
From: Noelle Lutheran <[e-mail]>
To: Cyndi Karoly <[e-mail]>, Doug Huggett <Doug.Huggett@ ncmail.net>
Hello, and Merry Christmas!
I have reviewed this project and this office has no objection to the
project as proposed. The 401 will be written on Jan. 2 or 3, because I
am leaving! Hope you both enjoy the holidays!
Noelle
.........
Noelle Lutheran <[e-mail]>
i
I of 1 12/21/02 12:17 PIv
S
A??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
December 3, 2002
MEMORANDUM yyy
TO: John Dorney
Division of Water Quality, Wetlands/401 Unit
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
?j
2002
Wen ...__
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
SIGNED
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.
This agency objects to the project for reasons described in the attached comments.
DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: hfp://dcm2.enr.state.ne.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
i AT7DA
j NCDENR
North rolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
December 3, 2002
MEMORANDUM
TO: John Dorney
Division of Water Quality, Wetlands/401 Unit
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
icn
1. APPLICANT'S NAME: Barker, et al.
2. LOCATION OF PROJECT SITE: Man-made channel adjacent to 8605 - 8628 Bald Eagle Lane, in
Middle Sound, in New Hanover Co.
Photo Index - 2000:22-279: M,N - 8,9,10 1995: 22-262: L,M - 9,10,11
State Plane Coordinates - X: 2379193 Y: 201075 Rover File: 0111315A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/13/02
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 11/4/02
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover Co./Wilmington
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Individual septic tank systems
Planned -None
(F) Type of Structures: Existing - Single-family residences, private piers
Planned -None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FTLLFD 0THF.R
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands -
Open water/mud bottom) 39.000 sgft.
(C) Other - Hi h ound (Spoil Area)
1

80,000 sgft.
11
(D) . Total Area Disturbed: 119,000 sgft.
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicants are requesting a permit to authorize the maintenance dredging
of the small channel adjacent to their property.
Bill Barker, et al.
Page Two
9. PROJECT DESCRIPTION
The project site is an existing access channel to the Atlantic Intracoastal Waterway (AIWW) located
adjacent to six singly-family residences and one undeveloped lot, between 8605 and 8628 Bald Eagle
Lane, in the Porter's Neck area of New Hanover County. The site is accessed by Porter's Neck Road,
off U.S. Highway 17-N. Bald Eagle Lane lies parallel to the AIWW and is primarily developed with
single family residences.
The access channel runs parallel to the shoreline with a perpendicular channel at each end connecting to
the AIWW. The migration of the sand shoal on the east side of the channel has prompted the applicants
to apply for a maintenance permit to restore the navigable water depths.
New Hanover County classifies this area as Conservation in their Land Use Plan. The area is not a
designated Primary Nursery Area, and is open to the taking of shellfish. The waters of Middle Sound are
classified SA-ORW by the N.C. Division of Water Quality.
The proposal is to dredge the U-shaped channel (1100 ft.) to a depth of -4 ft. at mean low water (MLW).
Current soundings indicate that the north-south portion of the channel is dry at low water and that water
depths range from 0 to -2 ft. in the perpendicular channels at either end of the project. The shore parallel
channel would average 40 ft. in width to accommodate existing piers and maintain a 10 ft. separation
from all marsh fringes. The two perpendicular end channels would be 30 ft. wide. The dredging would
end where the channel intersects the -4 ft. contour of the AIWW. The dredging is to be accomplished
hydraulically. The material will be pumped to an existing spoil island, located just south and across the
AIWW from the project site. The applicant has received approval from the property owners to use the
site. The spoil area is rectangular in shape, approximately 400' long and 200' wide. Reconstruction of
containment dikes, as well as, a water control structure, with adjustable flashboards, and an effluent pipe
to carry the effluent to the mean low water line would be required prior to spoil deposition.
10. ANTICIPATED IMPACTS
This project would create the disturbance of approximately 39,000 square feet of shallow, sandy bottom.
The applicant reports that approximately 7,657 cubic yards of material would be removed from the
channel system, and placed on high ground on the spoils disposal island. The spoil area highground
disturbance would be approximately 80,000 square feet. Temporary turbidity increases are to be
expected during the dredging activity.
Submitted by: E.F. Brooks Date: 11/26/02 Office: Wilmington
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
c. Street address or secondary road number.
8620 Bald Ea lei Lane
a. Landowners: See Attached list
Name Ben Barker (Group Contact)
Address 8620 Bald FaWe Lane
City Wilmington State NC
Zip 28411 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Steve Morrison. Land Management Group.
Inc., P.O. Box 2522, Wilmington, N .C.
284402, 910-452-0001
c. Project name (if any) N/A
las«/orawesf?i ?.d1??eoGnaaxe.,
2. LOCATION OF PROPOSED
d- Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project {e.g.
river, creek, sound, bay) Atlantic Intracoastal Waterway
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 Ming activities.
Excavation of channel to restore boatin-- access
b. Is the proposed activity maintenance of an
existing project, new work, or both? Maintenance of
former water depths, no existingproject.
c: Will the project be for public, private or
commercial use? Public use for navigation.
PROJECT
a. County New Hanover
b. City, town, community or landmark
d. Give a brief description of purpose, use, methods
of construction and daily operations of proposed
project. If more space is needed, please attach more
pages.
See attached narrative for project description.
Porters Neck community
Revised 03/95
DWISION' 0-F1 Jr-NT
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 6 lots totaling - 4.6 acres
b. Size of individual lot(s) .51 to 1.04 acres
c. Approximate elevation of tract above MHW or
NyVL 6-20'mhw
d. Soil type(s) and texture(s) of tract
Kenansville fine sand
e. Vegetation on tract Loblolly pine, live oak
ornamental shrubs, etc.
f. Man-made features now on tract Homes, piers
g. What is the CAMA Land Use Plan land
classification of the site? (co,rsvu the local land use plan)
Conservation Transitional
Developed Community
Rural x Other
Resource Protection
h. How is the tract zoned by local government? Siigle
fgmily residential
I. Is the proposed project consistent with the
applicable zoning? x Yes No
(Attach zoning compliance certificate, tf applicable)
j. Has a professional archaeological assessment
been done for the tract? Yes _ x No
If yes, by whom? N/A
k Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property? No
1. Are there wetlands on the site? x Yes No
Coastal (marsh) x Other
If yes, has a delineation been conducted?__yM_
(Attach documentation, if available)
Edges of coastal marsh have been survevEd
in. Describe existing wastewater treatment facilities.
On-site gptic systems
n. Describe location and type ofdischarges to waters of
the state. {For example, surface runoff,
Sanitary wastewater, industriallcommercial effluent,
"wash down" and residential discharges.) None
o. Describe existing drinking water supply source.
Individual wells
5. ADDMONAL 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 theproject.
* 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 74-020 -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
Revised 03/95
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 highway or
secondary road (SR) numbers, landmarks, and the like.
j r
NOS' a 2002
cl') -A r- DIVISION OF
Form DCM-MP-1
6. CERTIFICATION AND PERMISSION TO
* A Stormwater Certification, if one is necessary. ENTER ON LAND
* 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 H. ClaJones
Adress 8632 Bald Ea a Lane
Wilmington, N.C. 28411
Phone [phone]
Name James E. Farr
Address 314 W. Renova Circle
Wilmington, N.C. 28403
Phone [phone]
Name James Wicker
Address257 Howards Lane
Hampstead, N.C. 28443
Phone [phone]
* 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 $475 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.
I understand that any permit issued in response to this
application will allow only the development described in
-the application. The project will he .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.
I farther certify that the information provided in this
application is truthful to the best of my knowledge.
This is theA day of Dc7ttsr'/2. , 20o-2-
Print Name S'rvr- vL? ciatso &I
Signature
Landowner or ut zor&ed Agen
Please indicate attachments pertaining to your proposed
project.
x_ 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
* A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S.113A -1 to 10) If the
project involves the exTenditure of public funds or.use of
public lands, attach a statement documenting compliance
with the North Carolina Environmental Policy Act.
Revised 03/95
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
O m 4 2002
DIVISION OF
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
Revised 03195
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 7657
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 x No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
Disposal island opposite waterway from site.
Area outside Cords right of way limits.
b. Dimensions of disposal area
400'x200'
c. Do you claim title to disposal area?
Yes x No
If no, attach a letter granting permission from the
owner. See attached letter of permission
d. Will a disposal area be available for fixture
maintenance? x Yes No. If yes, where?
Same ?? `• - _ - \-?
?lJl" ?J a ` J
NO V Y S w
4 2002
DIVISION OF

Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
Yes x No
f. Does the disposal include any area in the water?
Yes x No
3. SHORELINE STABILIZATION
N/A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward ofU HW orNWL
e. Shoreline erosion during preceding 12 months
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
Source of fill material
4. OTHER FILL ACTIVITIES
(Excludine Shoreline Stabilization)
N/A
a. Will fill material be brought to site?
Yes X No
b.. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands? N/A
Yes x No
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled?
Excavated material from channel to be placed
within. dredge disposal dike with water control
structure.
b. What type of construction equipment will be
used (fox example, dragline, backhoe, or hydraulic
.dozer
dredge)? Hydraulic dredge: excavator.
c. Will wetlands be crossed in transporting
equipment to project site? x. Yes _ No
If yes, explain steps that will be taken to lessen
environmental impacts.
Equipment will access disposal island at same
relatively bare area used by Corps of En igin?
Applicant or Project Name
S'iXVF- MMORRrsorv
Signature
/ o
Date
/o /A 3 /02_
??? I Ate / ? `I1N`A
aw?m
4 2002
DIVISION OF
COASTAL MANAGEMENT
Revised 03/95
Project Narrative
In order to restore traditional boating access to their lots, the applicants are requesting
authorization to excavate sediments from a channel located at the ends of the existing
piers and connecting to the Intracoastal Waterway. Currently, the small channel bottom is
exposed during low tides with surveyed elevations ranging from +0.4' to +1.4' m1w. The
planned -4' mlw excavation area loops to connect with the deeper waterway at either
end. Channel excavation will remain 10' away from all marsh areas. The project is not
located within a Primary Nursery Area (PNA). Dredging will take place during the
seasonal window as determined by the NC Division of Marine Fisheries. Individual pier
owners in the project area will be responsible for obtaining permitting for modifying their
floating docks, boat lifts and pier lengths associated with the future use of the excavated
channel.
The sandy hydraulically dredged material will be placed within a shaped containment
dike on the disposal island directly across the Intracoastal Waterway. Through
consultation with the Corps of Engineers, the bottom of the containment area will lie
within the eastern portion of the island that is outside the Corps right-of-way. Written
permission for disposal has been obtained from the owner of the island, the North East
New Hanover Conservancy. Prior to disposal, storage capacity will be enhanced by
moving existing dry material from the planned diked area into the Corps right-of-way
area. Additional dry material will be pushed outward to form the dike wall along the
existing island rim and right-of-way line. A silt fence will be installed outside the dike
area that faces the marsh prior to the project to .prevent incidental material movement
down the existing embankment. A water control structure will be constructed within the
dike to allow for the settling of suspended sediments prior to water release. The discharge
pipe will extend northward to a point beyond mean low water in Nixon Creek.
Riparian notification will include the adjacent lot owners north and south of the project
area as well as the owner of an undeveloped lot located between the lots owned by the
applicants. This undeveloped lot has no Mier or bulkhead.
,?;; Gib •;:/., .:I :.,
V - It 2002
DIVISION OF
COASTAL MANAGEMENT
Landowner/Applicant List
Jerry and Jeanne Holmes, Jr. 8628 Bald Eagle Lane, Wilmington, N.C. 28411
910-328-3201
Armand and Phyllis Daniel 86244 Bald Eagle Lane, Wilmington, N. C. 28411
910-686-0232
Ben and Jeanette Barker 8620 Bald Eagle Lane, Wilmington, N.C. 28411 "
(Group Contact) 910-686-7152
John and Deborah Sherrill 8616 Bald Eagle Lane, Wilmington, N.C.- 28411
910-686=7213
Jon and Diane Miller 8608. Bald Eagle Lane, Wilmington; N.C. 28411
910=68f 231.0
Richard and Ann Griffith 8605 Bald Eagle Lane, Wilmington, N.C. 28411
910-686-7481
II. ,
N O - 4 2002 ? L)
DIVISION OF
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Development Type FEE 2 DCM
1`1430016D1 435100093
1. Private, non-eommenaal
development that does not involve
the filling or excavation of any 5250 100%(S250)
wetlands or open water areas:
It. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open. 5400 100%(S400)
water areas:
111. For development that. involves the
filling andlor excavation of up to 1
acre of wetlands and/or open water
areas, determine tf A B, C. or D
below applies:
Ill(A). For Private, non-commercial
development, If General water Quality
Certification No.3301 (see attached) 5250 100%($250)
Can be applied:
11I(B): For public or commercial 4
development,' if General water Quality
Certification No.3301 (see attached) 5400 100%-(S;400)
can be applied:
111(C). If General Water Quality
Certification No.-3301 (see attached)
could be applied, but DCM staff
determined.thatadditional review and 5400 60%(S240)
written DWQ croncimence is needed
because of concerns related to water
quality or aquatic life:
111(D). If General Water Quality
l
Certification No. 3301 (see attached) S400

can not.be applied: 60% (S240)
IV. For development that involves
the filiing.and/or excavation, of mor
than one acre. of. wetlands and/or S47a 60%(S2E5)
Open waterareas:
Mi
ms
,\ k1o
?401
WQ%
43510
0% (SO)

0% (SD)
0% (SO)
40% (5160)
40% (S160)
An (5190)