19880217 Ver 1_COMPLETE FILE_19880101

..1
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
CommeZtco c .1n an appliccation,for State Federal
Permit(s) from
17 -.
/ U i,
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
his office has no objection to the issuance of the permit(s) for the proposed
ject with the following conditions:
X That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by mor.,e than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture. -
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
Y The proposed project is certified
under General Certification
A)
B) .

No. 1179 issued on January 25,
1977, for sewer line construction
No. 1272 issued on November 10,
1978, for bulkhead construction.
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E) No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
" WA k.QUALITY SEC ON'
DIVISION OF ENVIRONMENTAL MANAGEMENT

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE :
TO: Bill Mills
Operations Branch
FROM: James H. Gregson z:-
<A-Wilmington Re " nal Office
THROUGH: Donald Safr t
Wilmington Regional Office
RECEIVFD
DES 2 8 God
WATER QUALITY SECTION1
OPERATION', c, ,
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
d
!l/AW Ncf-7"V-el?
PROJECT DESCRIe?PTION: ? ?G?n? ?1 ??y,Ti•?j4/??vh/???iY? p? .
ADJACENT WATER BODY:
CLASSIFICATION: 5A
Status : &?W 5, t)
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
(/4) The project it ill not require a 401 Water Quality
Certification.
( ) The project complies with the General 401 Water Quality
Certification # /d 7 for 79--e -2 4;f?Y
dm-4 t cam/ C A/ .
(X) The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceed 126- NTU.
This office has no objection to the project as proposed.
JHG:mb
cc : DCM- A4& i3ay13vz
CF, WiRO

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Oyster Bay Subdivision
2. Location of project site Off SR 1492 North of Whiskey Creek, along AIWW, New
Hanover County, New Photo 17-221 Grid P,Q 16
3. Investigation type: Dredge & Fill X CAMA x
4. Investigative procedure: (A) Dates of site visit 12-5-88 12-8-88
(B) Was applicant present yes_ no
5. Processing procedure: Application received 12-2-88 Office Wilmington
6. Site description: (A) Local Land Use Plan New Hanover County
Land Classification from LUP Resource Protection
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline X
Coastal Wetlands Public Trust Waters X
Estuarine Waters x Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private x Commercial
(E) Type of waste water treatment: Existing N/A
Planned N/A
(F) Type of structures: Existing Boat slips, docks
Planned N/A
(G) Estimated annual rate of erosion
7. Habitat description:
(A) Vegetated wetlands:
N/A
Dredged
(B) Non-vegetated wetlands:
Open Water (access
channel and boat
basin 5000 sf app.
(C) Other:
Spoil Site
Source
AREA
Filled Other
7500 sf app.
(D) Total Area Disturbed: 5000 sf app. 7500 sf app.
8. Project Summary The applicant proposes to maintain the existing channel/basin
to its original depth of -6 mlw.
Oyster Bay Subdivision
Page 2
9. PROJECT DESCRIPTION
The project site is located adjacent the AIWW at Oyster Bay Subdivision, north
of Whiskey Creek, near Wilmington, New Hanover County, North Carolina. It.
consists of an existing boat basin and access channel which has been shoaled
and is in need of maintenance.
This existing channel measures approximately 500 feet long and 20 feet wide.
The basin area measures approximately 195 feet by 125 feet wide. The average
depths at mean low water (MLW) range from -2' mlw to +3' mlw. The project was
permitted in 1980 (#20-80) with some maintenance renewals in the interim. The
permit is now expired. The waters are classified as SA closed and the area is
a designated primary nursery.
The applicant proposes to maintain that portion of the channel measuring 500'
long x 20' wide x -6' mlw. Also proposed is the maintenance of the basin area
approximately 65' wide x 195' long x -6' mlw to restore the basin to its
original depth. The project will be accomplished by means of a hydraulic
dredge. The spoil will be pumped into an identified designated spoil disposal
area measuring approximately 1250' x 300' with a 6' dike. A pipe will direct
the dredge material effluent to the AIWW.
10. ANTICIPATED IMPACTS
The proposed project will result in some short-term siltation and turbidity
problems. It should be timed so as to avoid periods of peak biological
activity.
Submitted by: Marc Botbol Office: Wilmington Date: December 12, 1988
-- - -- - -
Please type or print. Carefully describe all an- d. Describe the planned use of the project.
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and maintenance dredging of the.- .
stormwater control. If the requested information is oat basin
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects. 4 LAND . AND, WATER
CHARACTERISTICS
1 APPLICANT
OYSTER BAY SUBDIVlSiUN
a. Name`! Carl C- Bus ian
Address 108 Mullington Lane
City Wilmington State NC
Zip28403 JDayphone919-763-7208
Landowner or * * Authorized agent
b. Project name (if any) 0?:ster Ray Seib-
division Boat Basin
c. If the applicant is not the landowner, also give
the owner's name and address.
Property owners of Oyster Bay
subdivision. (dock is comma
a. Size of entire tract NA
b. Size of individual lot(s) NA
c. Elevation of tract above' mean sea level or Na-
tional Geodetic Vertical Datum -1A
d. Soil type(s) and texture(s) of tract lax
e. Vegetation on tract NA
f. Man-made features now on tract NA
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
property) wiv
-t.y FA Conservation Transitional
# Developed Community
2 LOCATION OF PROPOSED 1QAQ Rural Other
PROJECT h. ow is the tNcct zoned by local government?
nG?l??r n:- C0A,S ,!?I_ PPllA
W;;_ AINGTOIN REG!i) d;J wngre adjacent waters classified?
a. Street address or secondary road number
Oyster Bay Lane j. Has a professional archaeological survey een
?
carried out for the tract. NA
b. Ci town, communit?yy or landmark If so, by whom?
Wilmington, N?
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? NO
e. Name of body of water nearest project
Atlantic Intercoastal Water Way
>3 DESCRIPTION AND PLANNED
USE OF 'PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Maintenance Dredging of the
Boat basin
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
Mn; ntPnnnce of existing prof ect .
c. Will the project be for community, private, or
commercial use? private
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
upland development.
a. Type and number of bungs, facilities,
structures proposed
b. Number of lots or parcels NA
c. Density (Give the number of residential units
and the units per acre.) NA
d. Size of area to be graded or disturbed NA
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation 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?
NA
Give the percentage of the tract within 75
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. NA
or
feet
- g. List the materials; such as marl; paver stone, b. Amount o£ mat-era? to be excavated from.
asphalt, or concrete, to be used for paved below water level in cubic vardsapproy 5, 000
surfaces. NA C. Type of material-- .. 4
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands? NO _
plan been submitted to the Division of En- e. High ground excavation, in cubic yards 0 .
vironmental Management? NA f. Dimensions of spoil disposal area NA
i. Describe proposed sewage. disposal and/or waste g. Location of spoil disposal area East of Hewl e t i
water treatment facilities.' NA creek on the Intercoastal Waterway
h. Do you claim title to the disposal area?. NO
j. Have these facilities received state or local
approval? NA
k. Describe existing treatment facilities.
NA
1. Describe location and type of discharges to
waters of the state (for example?, surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
m. Water supply source NA
n. If the project is oceanfront development,
describe the=steps-that will betaken to main-
tain established public beach accessways or pro-
vide new access. NA
o. If the project is on the oceanfront, what will
be the elevation above NT sea level of the
first habitable floor?
'
6 EXCAVATION AND FILL.'
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
500' 20' 6
175 100' 6'
NA NA NA
NA NA
1.1250' 1 300'
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?? UNKNOWN
If so, where? UNKNOWN
j. Does the disposal area include any marshland,
swamOland,!or water areas? NO
k. Will the fill material be placed below mean
high water? NO
1. Amount of fill in cubic yards NA
m. Type of fill material NA
n. Source of fill material NA
o. Will fill material be placed on marsh or other
wetlands? NA
p. Dimensions of the wetland-to be filled NA
q. How will excavated or fill material be kept on
site and erosion controlled? NA
What type of construction equipment will be
used (for example, dra 1' e, b ckho or
hydraulic dredge)? H dr au i s r e d g e
Will wetlands be crossed in transporting equip-
ment to the project site? no If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or ripra x is t in g
b. Average distance waterward of mean high water
or normal water level NA
c. Shoreline erosion during preceding 12 months,
in feet none
d. Type of bulkhead material NA
e. Amount of fill, in cubic yards, to be placed
below mean high water NA
f. Type of fill material NA
8 -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 property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name"
Address 1
Name MT. Elwoo Klr um
Address 335 Cabbage Inlet Lane_
_ Wilmington, NC 28403 -= F (rAtSI .1
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
nSTATl; pepermitnnosuir0 ae?s.
Federal Govt.no. SAWC080-N-065-00001
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND J EAIyiIS-
SION`TO ENTER 0N.LAND12.
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed 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 further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the
19_.
2 6 day of /\/OI/E M264_?'
Authorized agent
%
198?en the completed application materials to the
Division of Coastal Management Office nearest you
M /',; AtdO thfi U.S. Army Corps of Engineers. See the
"+r! ff- pLon the inside front cover for the appropriate
DCM office and addresses and phone number.
3 Z w
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3 a ?? of
WHISKEY ma `?
13 CREEK h 3 '
SITE a i
LOCATION MAP SCALE: 1' 2.0 MILEs_
FROM N.C. D.O.T. NEW HANOV CO. MAP... `y x Q
,. .. `. - / E TRANCE _ I
r / C ANNEL WILL U I I
FOLLOW OLD 0 I
PROP. OF. C.H. FALES BASIN CHANNEL m j
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lool
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PROP. OF: ... " ..
ELWOOD KIRKHAM
?'!y
VICINITY MAP
FROM AERIAL PHOTO ?-
SCALE: i .t 200
r
NOTE:
ELEV. BASED ON M.S.L.
APPROX. 16 000 C.Y. WILL HE REMOVED BY HYDRAULIC
DREDGE ANd PLACED IN DIKED SPOIL AREA
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