19940566 Ver 1_COMPLETE FILE_19940628

CHARLES F. RIGGS & ASSOCIATES, INC.
202 WARLICK STREET
P. O. BOX 1570
JACKSONVILLE, NORTH CAROLINA 28541-1570
[phone]
May 12, 1995
Mr. John Dorney RECEIVED
Division of Environmental Management 1995
State of North Carolina Department of Environment, MAY 1 7
Health and Natural Resources ENVIRONMENTAL SCIENCES
P. O. Box 29535 C'Q "emu
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
RE: DEM # 94566, COE # 199301441
In response to your letter to Mr. Bradley Minshew requesting the
progress of Lot 15, 23rd Street in Onslow County, I submit the
following.
I am in the process of resubmitting Mr. Minshew's project, using
alternatives and suggestions made by your office. I would
therefore, appreciate it if you would not clear this project from
your files.
Respectfully,
Charles F. Ri , R.L.S. L-2981
State of North Carolina
Department of Environment,
Health and Natural Resources 4 Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, , Secretary
H N
A. Preston Howard, Jr., P.E., Director
July 5, 1994
Mr. Bradley and Ms. Mary Nell Minshew
3918 River Road
North Topsail Beach, N.C. 28460
F19LE N
Dear Mr. and Ms. Minshew: Re: Proposed lot fill
Onslow County
DEM # 94566, COE 199301441
The Division of Environmental Management has reviewed your submittal for a 404
permit for lot fill on Lot 15, 23rd Street, in Onslow County. Thank you for your response to
our 12 April letter. However our objections to your proposed wetland fill still remain
particularly since our questions about avoiding or minimizing wetland fill were not answered
in your 29 April letter.
I can be reached at 733-1786 if you have any questions. Until our questions about
alternative designs to avoid or minimize wetland fill are answered, I will keep this project on
a "hold" status.
Sincerely,
Jo R. Dorney
94566.1tr
cc:
Wilmington DEM Regional Office
Wilmington District of COE
Wilmington Field Office COE
Central Files
Marshall Dotson; Warlick, Milstead, Dotson, and Carter
Charles Riggs
John Parker DCM
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
t
7 0
_. k, NORTH y'4 i'24i a{in -, Fnt i n, 3!a y; t1 F'94 Z? F' Iii

f f c,2 F) ? r It x
Yltctt7r',t
10 4- 4
= a t,?,t?Ct P'ap ? °:. L} ,{?;a r• n!' {?. t C? r ?'y,•f t c?ta• ;? Y` fey-, _ , "4 `. }. ag n
,_ -'' ?, ? ? ' ."': i i_ i 3 _ ! .? "' t'? ? t s? ? `4,. t i i ?.' !? '? A K` t'. t: '.7 • A : ? ?' ti , ? ," 1„ ?` K* ? ?' _ j`'`.
Vv 1 fig
NI "r tiie cz 1:_ '.
71 V?
ii," ° t i ,` .1 zs, f? a t Gt 1 1 .tsi t F? E? 1 ` 5' S _9 T e 2 V7C ti i
+ r .
t+nLC { X8.3
t IF 1,
P
WARLICK, MASTED, DOTSON & CARTER
ATTORNEYS AT LAW
320 NEW BRIDGE STREET
DRAWER 766
JACKSONVILLE, N.C. 28541-0766
ALEX WARLICK, JR.
CARL S. MILSTED
MARSHALL F. DOTSON, JR.
JOHN T. CARTER, JR-
April 29, 1994
Mr. John R. Dorney
Wetlands & Technical Review Group
State of NC DEHNR
P.O. Box 29539
Raleigh, NC 27626-0535
Re: Project #94227, COE #199401924
Dear Mr. Dorney:
b
MAY 2 61994 k
TELE [phone]
FAX [phone]
Your letter of April 12, 1994 has been sent to me for reply along
with other documents furnished by Mr. and Mrs. Minshew.
It is my understanding that Mr. and Mrs. Minshew have applied for
a permit to fill a portion of lot 15 Old Settlers Beach in order
that they may construct a residential dwelling. I am further
advised that you have received a package from Charles Riggs,
Registered Surveyor who was engaged by Mr. and Mrs. Minshew to
investigate the site and submit the application which you
apparently have received.
For your information this Subdivision was originally subdivided in
the early 1960's and the revision of Block 15 of Section I of Old
Settlers Beach was made in August 1975. Your package identifies a
copy of the 1975 map. This lot is located on a designated City
street for the Town of North Topsail Beach as 23rd Street. This is
a street maintained by the Town of North Topsail Beach and upon
which is located several residences including mobile home
residences. In fact, one mobile home residence is located
diagonally across the street from the lot in question. The lot
immediately adjacent to lot 15 has a septic tank and the owner has
a building permit to place a residence on this lot. I am advised
by Mr. Riggs that Jeff Richter of the U.S. Army Corps of Engineers
has identified this lot as total 404 wetlands. Mr. and Mrs.
Minshew do not own another lot in this subdivision upon which to
construct a residence.
Sewer is available through North Topsail Water and Sewer who will
provide service to this lot. The other lots are served by septic
tanks. The County provides water to the site. In other words, all
the services are available for this site for residential uses. It
is further my understanding that the package submitted by Mr. Riggs
Y
provides you with map documentation as to the site in question.
This particular lot is located on 23rd Street, a public street of
the Town of North Topsail Beach. This street is not the "road
crossing" referred to in your letter of April 12, 1994. I do not
understand your "bank stabilization" concerns. I am sure that
appropriate measures of erosion control, if that is what you
referred to, that apply to all residential construction can be made
to apply in the case of this particular lot. The Corps of
Engineers has already issued their approval of Nationwide Permit
#18 for this particular site.
This site is appropriately zoned for the building of a residential
structure by the Town of North Topsail Beach and of course is a
platted residential lot subject to the same restrictive covenants
as all the lots in that subdivision. Mr. and Mrs. Minshew acquired
this property with the intention of constructing a residential
structure on the lot and have expended considerable funds in
applying for appropriate permits to do this. To find that this lot
is not suitable for residential construction and is not appropriate
for the limited fill requested to allow residential construction
renders the lot totally unusable, if your conclusions are correctly
applied to this lot.
The purpose of my letter is to respond to your April 12, 1994
letter which in fact was not received by Mr. Minshew on April 12,
1994 and to request that your office furnish me with any specific
determination that you have made or any specific information that
you need to make such determination and to request that you forward
a letter of denial or approval and the reason therefore. We will
request Mr. and Mrs. Minshew to cooperate in any way to the end
that they may have the reasonable use of their property.
Thank you for your concern in this matter and I look forward to
your early reply.
Very truly yours,
WARLICK, MILSTED, DOTSON & CARTER
Marshall F. Dotson, Jr.
MFDjr/tb
FROM : CHARLES RIGGS, RLS PHONE NO. : 919 455 9033 P02
CHARLES P. MIOGS & ASSOCIATRS, INC.
202 WARLI:CK STREET
P. U. BOX 1570
jJACKSONVILLE, NORTH CAROLINA 28541-1570
/` (910) G55?0877
February 14, 094
Ns. Janet Russell.
Field Representative
DIVIS On of Coastal Management
Wilmington Regional. Office
State of North Carolina Department
and Natural Resources
127 Cardinal. Drive Extension
of Environment, Health
Wilmington, North Carolina 28405-3845
RE: CAMA MAJOR PERMIT APPLICATION
Lot #15, 23rd Street:
North Topsail Beach/Onslow County
Dear Ms. Russell:
This lot was purchased by Mr. and
1941 from the Hunter Heath Estate a
This deed refera to Lot 15 of Map
recorded in 1075 as shown on the
R1ock 15 of Section I Section 1,
this lot has been on record and has
Mrs. Minshew in December of
s shown by the unclosed deed.
Rook 15, Page S7, which was
enclosed copy as Revision of
Extension Part A. Therefore,
existed since 1975.
The Town of North Topsail Reach has retained the zoning of this
area as mobile home subdivision, which was Onslow County•s
designation for this area before the town woe incorporated.
Mobile homes and single family dwellings are allowed within this
zone. Since this is an existing lot:, there would not be any
nubdivision review by the 't'own of North Topsail Beach.
It was the intention of the Minohew's to construct a dwelling for
the purpose of sale.
The accenn to the property in along 23rd Street which an existing
gravel and dirt street and which is maintained by the Town of
North Topsail Reach.
The lot will be served by Onslow County Water and the sewer will
be handled by North Topsail Water and Sewer Company.
A Nationwide Permit # 18 has been requested from the U. S. Army
Corps of Engineers and hag been granted as shown on tha
enclosuren 'Chid Corps application an dona this C7AMA application
illustratpg the prPRPnne of 404 wetlands.
DEM has 401 Water Quality Certification pending on this project
until an acceptable permit application ham been received by
the Division of Coantal Management.
Sincerely,
c iarles F: Ri 1" S'
ICI
FROM CHARLES RIGGS, RLS PHONE NO. : 919 455 9033 P01
CIIARLES F. h1cGS X ASSOCiAT99, INC.
202 WARLICK STREET
P. O. 80X 1570
JACIi..5ONVli.l.pa NOR-1'11 OLINA 28541-1S?0
(_i9)
FACSIMILE COVER SHEET

FROM : ?("?---
SUF3J EC'T : _A /5"
DATE _,--f..__--_. d ± Zt r 9 4 ------------------
# of PA039S INCLUDING COVER
COMMENT5: __...-------------------------------------
Ip YOU DO NOT RECEIVE ALL PAGES OF THIS TPANSHISSION,
PLIFEA5E '1"ELEPllaNP OUR OFFICF- AT (9jo) -45q-0977 .

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
April 12, 1994
Mr. Bradley and Ms. Mary Nell Minshew
3918 River Road
North Topsail Beach, N.C. 28460
Project # 94227, COE #199401924
Dear Mr. Bradley and Ms. Minshew
E:) EHNR
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 1800 square feet of wetlands at Lot
15, 23rd Street,North Topsail Beach in Onslow County for residential lot.
Based on this review, we have identified significant uses which would be
removed by this project. These uses are pollutant removal, water storage and
bank stabilization. Furthermore, insufficient evidence is present in our
files to conclude that your project must be built as planned in wetlands.
Therefore, we are moving toward denial of your 401 Certification. Until we
receive additional information, we are requesting (by copy of this letter)
that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal
Management place your project on administrative hold.
Please provide us with information supporting your position that your
project must be constructed as planned and that you have no practicable
alternative to fill of these wetlands. Specifically can you construct your
house on nearby uplands? Any documentation such as maps and narrative which
you can supply to address upland alternatives may be helpful in our review of
your 401 Certification. Also please inform us of your recent application for
a road crossing (Nationwide Permit #14) is for this project or a different
project. Please respond within two weeks of the date of this letter by
sending a copy of this information to me and one copy to our Mr. Jim Gregson
at the Wilmington Regional Office at 127 Cardinal St., Extension, Wilmington,
N.C. 28405-3045.
Sincerely,
John R. Dorney
Wetlands and Technical Review Group
94227.1tr
cc: Wilmington.DEM Regional Office
John Parker, Division of Coastal Management
Wilmington Office Corps of Engineers
Central Files
Mr. Charles Riggs
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

im231994
WETLANDS GROUP
WATER UhLITY SECTION
P P Li
ES BRAD B. MINSHEW
OWNER/BROKER
June 1, 1994
T,;n of North Topsail Beach
F.'?. Box 2709
S!--f City North Carolina 28445
AI-.tention: Ms. Susan Daughtry
Cc. -iinuni ty Development Coordinator
r-( :i Ms. Daughtry.
As you are aware, we are for quality building and
d ?;,lopment as evidenced by the cqualit? of homes and
do ,'(`1opment with i,:hich we have been involved.
I have just received a form to approve or disapprove
L;.li.ding on lot 1,", 23rd Avenue, North Topsail Beach. I a
g' the lot owner is proposing a house as opposed to uob.'-e
h, s wh4 ch are lc sated on this street.
We own lot #15, next to lot #14. We had to apply fo: a
mrjor LAMA which x:as denied for many reasons after the Co.
of "ngineers approved a fill permit. The owner of lot #1
N, the only oiane,, who objected to our permit as it would
bl:;ck her view. We proposed to use North Topsail Sewer a
L:_.reascd .costs, tc eliminate any pollution which lot 7#14
p .;:>oses to use a septic tank permit.
We do riot understand why there are so many proble.;ns ? th
1; #15 when lot #-'14 would be granted a permit to build
u' ?:.'..izing a septic: tank. We are protesting as adjacent lk
o\ -!rs and are appealing the CAMA decision and are pursui:
ti is denial legally.
c:: erely yours,
9->Ia4-J
'
r:::1 and Mary Minshew
ROUTE 1 BOX 219P • HOLLY PJDGE, N.C. 28445 • [phone] • [phone]
FAX [phone]
CIL
' GK, MI "B , DOTSON & CARTER
k
t 360 iW SR10t3$ STREET
_7
Jit JACICSO 'ViI.L& DI G ON41.0766 }
AL1:X R'.1RLI i
r
CARL S. NIITS JW TELY? (D1 )
? 1¢MARSUALLFDOTON, iR. FAX (Qi
a
JOHN T. CARTFA )I2 ?x
April 29, 1994 ?.
coo,,
i4Mr.. John R. Dorne
Wetlands & Technical ®view Grou 'h
State of NC DEHN P
R '
p..O. Box 29539 ,
' Raleigh, NC 27626-?'? $ f
si Re:
Project ,#94227, OE `1994.03,924
Dear Mr
? Dorney•
Your letter of April 4.-'1994 has been gent to me for reP1
with other documents furnishe by! Mr.' ....and Mrs. Hinshaw. y slo g
' w
It is my understandin ?that Mr, and Mrs. Min have a
. a permit to fill a port gppli.ed for
that they may aonstru ion of lot 15 Old shew
Settlers. Beach in-or
dert,.,a residential dweliin .
advised that you g I, am furtheru
Registered Surveyor,*, hv received a i.
paolage ..from 'Charles RiggB,
ho was engaged, by Mr. Und . Minsw to a
investigate the s Mrs
ite} and submit 'the application .w
apparently have rec*vd. ..which you
r,
For your information this Subdivision was o
the early 1960's and tY?e revision of `.Block 15 of IS ctiionlI of 014
Settlers Beach was mae`inJugust 1975. Your package ids r k:
COPY of the x.975 map:; identifies a
`
xhi?c lad is '_ocated on a designated City
street for.the Town off` rah .xo? ail $each A, f° ? t .
street maintained as 23rd Street Thi$ is
which Mr, :Vown. of North Topsail
a is located; spheral residences inludin Beach and upon r;
residences. In fact 11g mobile home
., qno' mobile -:'home residence is located
diagonally across they street from the lot in
immediately adjacent tofzot 15 he a septic tank and the own The lot
a building permit to place a<residence on this er has
b . Riggs lot.. I an advised '
Y Mr that Jeff 4chter of the.V.S, Army Corps of Engineers
identified this 14 ek
has s totaX 404: wetlands.
. and
'Minshew do not own ano er lot in th's-subdivisions uppon which Mrs.
J t,
,.?
construct a residence.,r>
to
Sewer is available thrpug North Topsail Witter
provide service-tothis .,.
,. and Sewer who wi1].r
tanks. The count ;, ? The other:'lots are served. by septic
In other words, all Y
the services are, ailab a gor thi to ite?for
is further my understand r residential uses. It m z
?g that `,the package submitted by Mr. Riggs z
• r.
provides you with map documentation as to the site in question.
This particular lot, is located on 23rd Street, a public street'of
the Town of North RPsail'Beach. This street is not the "road
crossing" referred to i'n your letter of April 12, 1994. I do no
understand your "bank stabilization" concerns.
I am sure thatt
appropriate measures: of erosion. control, if that is what you
referred to, that apply to all residential construction can.'be made
to apply in the ease of this particular lot. The Corps of
Engineers has already issued their approval. of Nationwide P rmit
#18 for this ?;.
particular $ite.. h'i,
This site is appropriately zoned for 'a building of a residential,
structure by the Town of North Topsail Beach and of course is a
platted residential lot subject to the same restrictive covenants
as all the lots in that subdivision. Mr. and Mrs. Minshew acquired
this property with the intention of constructing a residential
structure on the lot and have expanded considerable funds in
applying for appropriate permits to do this. To find that this lot
is not suitable for residential construction and is not appropriate
for the limited fill requested to allow residential construction
renders the lot totally unusable, if your conclusions are correctly
applied to this lot.
The purpose of my letter is to respond to
your 12, .
letter which in fact was not received by Mr. Minshew on April As pr 1924
il 12
1994 and to request that your office furish me with anype
cific
determination that you have made or any specific information that
you need to make such determination and to request that you forward
a letter of denial or Approval and the reason therefore. We will
request Mr. and Mrs. Minshew to cooperate in any way to the end
that they may have thw-Teasonable use of their property.
Thank you for your concern in this matter and I look forward to
your early reply.
Very truly yours,
WARLICK; MILSTED, DOTSON & CARTER
Marshall F. Dotson, Jr.>
MFDjr/tb
7clwe

'I
,

The processing of your. application'for permits under the Coastal Area Management Act
(LAMA) and the State dredgeand fill law for the development of your property located on
Stump Sound at Lot 15, 23rd Street, 'North `Topsail Beach is now complete. Your application
was accepted for processing February 18, 1994: Specifically, your` proposal was to fill
approximately 1800 square feed. of coastal "marsh and 404 wetlands for the purpose of building
a residence for resale.
Based on a coordinated., state and federal agency review, this Division has made the
following findings:
z
?U A 1) The property exists in an area designated by the Coastal Resources Commission
(CRC) as a coastal wetland area of environmental concern (AEC) and by -the U.S.
Army Corps off ngineers as jurisdictional wetlands;
`IL 2) The property is ,, . jaeent to 'an area Hof Stump Sound designated as Outstanding
Q?6 Resource Waters•(ORW) by the Environmental Management Commission (EMC)
p
and as Primary-Nusery Area`by the Marine Fisheries Commission (MFC). This
area is also open to the taking of shellfish;
i 3) A water quality. Wtification Is required, but is not available from the Division of
Environmental Bement for the proposed work; t
4) The proposed wprk is inconsistent with Policies A-1, A-3, B-5, and C-1 of the
Town of KpIth sail 1991 Land Vjg Plan IWate;
5) Three state agues and
an adjacent riparian landowner have objected to the
project as proposd,
D
P.O. Box 27687, Rdelgh, North GiroIna 27611.7687 Telephone [phone] FAX [phone]
An Foual OnnorfunBv Afftrmr•,Hvw Aeflnn Pmnlnvnr RrwC re^,.. I-Al l not ..,. •_,.__..?_.
• t,`a
State of North Carole
Department of Envire
Health c nd Naturals;
Division of Coastal Mona
James 3, Hunt
, Jr., Govern
Jonathan B. Howes, Sec*
Roger N. Schecter, Directo
CERTIFIED M

?rnent
sources
Went
may 4, 1994
Mrs. Mary Nell Minshew
3918 River Road
North Topsail Beach, NC 28541
Dear Mrs. Minshew:
Mrs. Mar ell Minshew
Page 2
May 4, 1994
6) The proposed work has been determined to be inconsistent with the following
partial listing of rules of the Coastal Resources Commission (CRC):
• 15A NCAC 7H.0205(c), the management objective of the coastal wetland AEC
which requires that coastal wetlands be conserved and managed so as to safeguard
and perpetuate their biological, social, economic, and aesthetic values and to
coordinate and establish a management system capable of conserving and utilizing
coastal wetlands as a natural resource essential to the functioning of the entire
estuarine system;
• 15A NCAC 7H.0205(d), the use standard of the coastal wetland AEC which
states that suitable land uses shall be those consistent with the management
objective of this rule, and also states that a residence is an unacceptable land use;
• 15A NCAC 7H.0208(a)(1), a use standard of the estuarine system AEC which
prohibits uses that are not water dependent;
• 15A NCAC 7H.0208(a)(2)(A), a use standard of the estuarine system AEC which
requires that the location, design, and need for development, as well as the
construction activities involved, be consistent with the management objective;
• 15A NCAC 7H.0208(e)(9), a use standard of the estuarine shoreline AEC which
states that, within the AEC for estuarine shorelines contiguous to waters classified
as ORW by the EMC, no CAMA permit will be approved for any project that
would be inconsistent with applicable use standards adopted by the CRC, EMC,
or MFC for coastal wetlands;
• 15A NCAC 7H.0601, which prohibits development in any AEC that would result
in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place;
and,
• 15A NCAC 7J.0402(a)(8), which requires denial of a CAMA permit in any case
that the development is inconsistent with the local land use plan.
Given the preceding findings, it is necessary that your request for a permit under the
CAMA be denied. This denial is wade in accordance with NCGS 113A-120(a)(8), which
requires denial of the requested permit in any case that the development is determined to be
inconsistent with State guidelines, and with NCGS 113-229(e)(5), which requires the denial of
the dredge and fill permit upon finding that the proposed development would have an adverse
effect on estuarine and marine fisheries.
gi
?r
Y
v
Mrs. Ma,-i Nell Minshew
Page 3
May 4, 1994

If you wish to appeal thi"s is dialyou are entitled to a hearing. The hearing will involve
appearing before an Administrative X;aw Judge who listens to the evidence and arguments of both
parties and then makes a recomuaendation to the Coastal Resources Commission. Your request
for a hearing must be in the forth oI a written petition and in compliance with the requirements
of Chapter 150B of the General!Statotes of North Carolina. This petition must be filed with the
Office of Administrative Hearings, V ."O. Box 27447, Raleigh, NC 27611-7447, [phone],
within twenty days of the date of this letter. A copy of the petition should also be filed with this
office.
Also, you should be advisedthat as long as this permit denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding
issuance of federal permits for this project. The Federal Coastal Zone Management Act of 1972
(CZMA) authorizes the applicant to appeal this fording to the U.S. Secretary of Commerce
within thirty days of receipt of.-this; letter. Your appeal must be based on the grounds that the
proposed activity is (1) consistent :with "the objectives or purposes of the CZMA, or (2) is
necessary in the interest of national' security, and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
RNS: SSB/
cc: Timothy R. E. Keeney
U.S. Department of Commerce, OCRM
Washington, D.C.
George L. Cajigal
Colonel, Corps of Engineers
Wilmington, N.C.
.P ,
a
a

t
M DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mary Nell Minshew

2. f it
Beach, NC
LOCATION OF PROJECT SITE: Lot 15, 23rd Street, North
Photo Index - 1989: 4 173 6 1984: 23 302 (?j kI_
tw?
n
State Plane Coordinates - X: 2 457 600 Y: 263 000
3. WETLANDS
INVESTIGATION TYPE: CAMA/D&F TER Un?jT,,s
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit. - December 7, 1993
Was Applicant Present. - No, agent was contacted by telephone.
5. PROCESSING PROCEDURE: Application Received - cc: February 18, 1994
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town Of North Topsail Beach
Land Classification From LUP - Vacant/Undeveloped
(B) AEC(s) Involved: PT, ES, EW, CW, ORW
(C) Water Dependent: No
(D) Intended Use: House (For Re-Sale).
(E) Wastewater Treatment.: Existing - None
Planned - Sewer Line Extension from
North Topsail Water & Sewer
M Type of Structures: Existing - None
Planned - Residence & Driveway
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
404 & Coastal 1500-1800
square feet
(B) Non-Vegetated Wetlands
(C) Other
(D) Total Area Disturbed: Approximately 1800 square feet
(E) Primary Nursery Area: Yes
(F) Water Classification: ORW n V-
8.
INN.-.
PROJECT SUMMARY: The applicant is proposing to fill approximately 1800 square
feet of coastal marsh and 404 wetlands to build a house.
X
Mary Nell Minshew
Page 2
9. PROJECT DESCRIPTION March 14, 1994
The applicant is proposing to fill lot 15 on the left side of the road. at the end of 23rd Street in
North Topsail Beach. Twenty-Third Street would have to be extended across the width of the
lot to accommodate this development.
The U. S. Army Corps of Engineers has determined the entire 8040 square foot lot to be
jurisdictional wetlands. A Nationwide Permit #18 has been issued by the Corps: The applicant
is proposing to fill between 1500 and 1800 square feet of wetlands (404 and coastal) for
construction of a "spec" house that will be for sale. The lot is currently vegetated and has no
man-made features on it. Coastal species present in the area to be filled include S artina
cynosuroides, T pfy la spp., Spartina patens, and J>mcus roemerianus. This lot is separated from
several acres of rank marsh bordering Stump Sound by approximately 12-18" of remnant fill
from an old driveway. However, the lot is subject to occasional flooding as evidenced by its
close proximity to mean high water of Stump Sound.
Lot 15 is located in the Outstanding Resource Water Area of Environmental Concern of Stump
Sound south of Permuda Island within North Topsail Beach's town limits. The waters of the
Sound are open to the taking of shellfish and have been designated as a Primary Nursery Area
by the Division Of Marine Fisheries. The lot is classified as Vacant/Undeveloped by the Land
Use Plan.
The house that the applicant plans to build is proposed as a two-story residence with a footprint
of 24' by 32' with a 8' by 28' wrap-around deck with stairs leading to the ground level. The
driveway which will be approximately 24' by 30' will be concrete and will extend under the
deck and underneath the house as shown on the cross-sectional drawing submitted with the
application. The concreted area will result in approximately 21 % of this lot becoming
impervious. A maxllnUill of 25% impervious is allowed in the ORW Area of Environmental
Concern. According to the applicant's agent at least 32 cubic yards of fill is.required on this
lot.
10. ANTICIPATED IMPACTS
Approximately 1800 square feet of 404 wetlands and coastal marsh would be filled within the
Outstanding Resource Water Area Of Environmental Concern. Because of this lot's proximity
to Stump Sound and other undeveloped land bordering the water, cumulative impact to the water
quality is of utmost concern. The amount of area available for pollutant removal and wildlife
habitat would continue to be reduced within this sensitive watershed.
This project appears to be inconsistent with the Management Objective as outlined in T15A:
07H.0203.
Submitted by: Janet, M. Russell Date: March 14, 1994 Office: Wilmington
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stotmwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name CAgIES xl aq 5 A1.5.
Address P6. box /570
City Jig Xcen/y;11C State
/?, G,
Zip OS41 Day phone 0/9) ¢56 -GB77
Landowner or ? Authorized agent
b. Project name (if any) /oz /4 ZbRo 5r/4fr
c. If the applicant is not the landowner, also give the
owner's name and address.
M,4,ey Nslf- ??.?sf/?„i
39'16' AV90. A-Am
-1VV,krd ,4, 1/ 0464
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Mkw W o er-
c. Will the project be for community, private, or
commercial use?
PXi ?l?
d. Describe the planned use of the project.
AM ?o??riA?G ysg
4 LAND AND WATER
CHARACTERISTICS
sue,
a. Size of entire tract 8,0 40
b. Size of individual lot(s) 8 04??
c. Elevation of tract above mean sea level or
Natty nal Geodetic Vertical Datum
2 LOCATION OF PROPOSED
PROJECT d. Soltyp {s) and texture(s) of tract
t =?
'--? SANjq LaArn
a. Street address or secondary road number FEB 18 1994
Z 3 Rv S-r-SZr- - e. Vegetation on tract CegsTJ sp 64!tes
b. City, town, community, or landmark piV(S!(DPd nc
lyo2* A19S8111 16,6144/ COASTAL N1A lAWWAR features now on tract
c. County d/veld
d. Is proposed work within city limits or planning
jurisdiction? )?g5
e. Name of body of water nearest project
,S# Or 5ou.io
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). COnIsT/LlJGr/r.? e` A LL4o
tR Woen ?oiNer o T
A
AIeIE
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
V Developed Community
Rural Other
h. How is
the tract zoned by local government?
.Sx .5,46,-v -le
i. How are adjacent waters classified?
0 F-W
j. Has a professional archaeolo ical survey been
carried out for the tract? Wo If so, by whom?
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 4l tar -lWj ;W,99 Hose
b. Number of lots or parcels 0idE
c. Density (Give the number of res'de tial units and the
units per acre.) 64 E /?
m. Water supply source 464S4aHJ e-0
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways fj provide new access.
d. Size of area to be graded or disturbed
447
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? Ale
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
AIIA
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
ConlcR??'
h. If applicable, has a stonmwater management plan
been submitted to the Divisiog of Environmental
Management? e!/
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
?ssn?• S?r?w2
j. Have these facil' 'es received state or local approval?
6S
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/com?yey?ial effluent, "wash
down"). / //,!a
o. If the project is on the oceanfront, what will be`the
elevation above mean ???vel of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(ML W) or c1vWl.) A11,4 IV IA 1114
Boat basin
'
i
6iher (bra _ i
t?'ea?amp,
rock jettff-- 1994 lA
Fill placDJUS MI OF
LbeM*NAGE JIENT
MHW -10
/o Z4
Upland fill
areas A111A 111A
b. Amount of material to be excavated from belo9w
water level in cubic yards n?4?? /?
c. Type of material A?1A
d. Does the area to be excavated include marshland,
ar??
swamps, or other wet]
e. High ground excavation, in c tlc yards
2 3/91
I .
f. Dimensions of spoil disposal area
6114
g. Location of spoil disposal area /??.4
h. Do you claim title to the disposal area?
If not, attach a letter granting permission fro the
owner.
i. Will a disposal area be available for ture
maintenance? / A
If so, where?
j. Does the disposal area include any. marshland,
swamps, or water areas? 661A
'k. Will the fill material be placed below mean high
water? o
1. Amount of fill in cubic yards 106
m. Type of fill material L 1AV 1Aqz>y ZoAm
n. Source of fillmaterial 1*,1x44ouv Ar rhlis
o. Will fill material be placed on marsh or other
wetlands? ES
p. Dimensions of the wetland to be filled
/o'- V gy 70'
q. How will excavated or fill material be kept.on site
and erosion controlled?
AC.r /?Vcc will ,Br. user T
AJ,4e& Al A-10 CadxizoG /4N? 6Rosio,J
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? 454ex//dc o,¢
?V,Jv ZoAos-:r e-
s. Will wetlands be crossed in transporting equipment
to-project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level ??A
3/91
c. Shoreline erosion during preceding 1 months, in
feet AIIA
d. Type of bulkhead material 1?
e. Amount of fill, in cubic yards, to be pl ced below
mean high water r??A
f. Type of fill material.?O
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 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 work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 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 23 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A storm water 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 comments
on the proposed project to the Division of Coastal
Management and should be advised lay the'app
licant of
that opportunity. ;.'
FEn _. . ic) 9A
/? DiV1S;I /'p?'-fi /? OF
`T
'
CO.?iSTA MAP AGE NI EN 1
Name dk! R.W gnwA
Address gar BAKiF PF-Ve-
Oxa t1E, 14G 2784,3
Name EaNARp DA415
Address 7/2 Co?W LlidE RoAp
?Jl?pLa?-?/?An?r ?A 23113
Name 1414114CL i„o00,6
Address 364 )41Wjr W Rwaj
5,4EADS /F?XQy Nc 264.40
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N?/d+ ?crie?l /D
VS Amy "o
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
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 ap-
proved Coastal Management Program and will be con-
ducted 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 aforemerntioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the VF/ day of , 19 43,
Landowner or Authorized
.r a
FF 1994
D 1 V ^1 OF
COASTAL
3N1
?J -
Is 'Niel o.
1 ??1

OQ
J ? q
O .p
?
C!
? 8 ° 4
^I

2 Q °
?
a p y

Z
u
I I ,
4 ?? 1
- I SC I w ? •
1 0
o k•
vpj \ C 'mot p
? a ? VV
0
@ y ?? t
?? tc
°
p ? ? D n
D

? rl
s?
` WJ
p, J6

g ?
® '
•is •is la
0
a
a?
ik
II 1 O
x
1
1
?
f1-a1-?I

1
1
Ill
/ n
1

. 1 z
0

?
1 U
w 1
1
1 4
0
j•'1S'HlOa ! ? v
1
1 I?
I
-- - ?
is
?
?
U
z
0
U
5
O
N
z
O
a
O
z
0
cn
(L
D
I-
v/
J
Z
w
J
J
z
0
N
Y
U
d
7
(li
022
a
W
z
d
J
z
w
0
Ir
a
m
i?
I
I. l

I
£?I
7IJ
0
ti)
1. .. i
v S? • -
,.? I
sr _ _
NOV ;=S 1993:
lo 1 1 DIVIS!ON OF_`--
i COASTAL MANAGEMEN)
Q Q K?. ' 1 ?-- --- a o I
'1; '4N Za ? 1 1 -
tJ 1
w ' -t14
1
, 1 Z 1
s'ot li Y.. fily --'-J l)
1,s •aa ¢t ?
1 + 1 ? l
w ? Q 1 ? ?. --n..y J I
I 1 1 - 0 ? ? 1
1 1
i71L /.GF:/f'C 1 z ?
H1 0? a s
.off, yl?f ?1 I ? -
K"_ .I 1 ,? f0
p 1
C, U
r ,
4
' 1 IL Ill ? I W
\. M10:i?'Ff n' Qx 1 C
?F
M?c11f . ifro, 31? 5`?? oo'' W /07.00
' '6s 364 r.. Fa i SrlF11- 1
s) Z64 ;a T 4 ?! 1 1 2 X
1.`
x
do 15-S
q,-.xlq ll -SQ. FT
or FILL - 1,441 So. F-(.
DFIvE tlAY 136,
jZEpJc6c, IN SIZ5
FI[L ?O ('ro e?-X[-u.D
ZS LJBIC. YA?DS
5? Aviv ARC. -?o
(1 LLEv
t.l Pc-hr-f- JAS P"'J9c->
tLI1S L. -f is otI9*-,l
4-04- 06-` t4t7s
Lo-r 1 -
EDIj/* ftc--> cvp.l 15
.712 coJ?fz? I,Ir?? Ufa
MIvL???IAa, vA 2311
LE Eoo
rig 1111ildd 6JILo10G lI-16
F-I rI111T-or ?AY
4 - cer "?E-F 1.1116
X - Sro-r a-FNATIO-l
3.Z' - rllr. 6Le";
LEFE? E f ??-ES Z97.07' 0 ?1? of
553 0.6 - ILq?WAZ10
l7 p? 10 Z7, F4. Y
(?.E5 Is, F4.57
n U U TO CERTIFY TM 'm T PpOPFa to
LOCATED IN FLOOD ZOW • I. ' ac"
1,
A SPECIAL FOOD MUM AREA AS MTER-
MIED BY THE DEPAWWW Ot . ft* b* Alb 4"
OEMA-lFM. mukl TY P1?E1. 1"m
L DV" FRAMM RIOII . N3I3IiW?YDE nQuQI n;lrea
LAID MWEYM t* 1001 RWEYM of PFWMIY u . 0?N ( l uT+ AMR- f 3 o I - I I,
ow+oE rITH TTf IT' = PflI?CTicE FOR LAND
KFNEYTNS IN "MTH . C A r(1 ?. a
z171 i*
.
Zo' Io' 0' ZO' scim
so 40 sa. FT.
x
O 2 .

0 3 4'
N
m
cam.
Q
' I

N 19 I
30' M6L
7.A 4..
a- is
Oft
li

I"- '
sn
A
_J
Zx ' i' ,.,
X3105T oo''E 107oo'
N L. ?' ZTo
??/Ic.IJ1TY Ma.P
-Q
Ci
N
'x
? ?hT Irr
C?Eo?4E RTTr?+?
Q Zoe 5p y-so vE
P1K???I,tc rl c
? 27a?3

FF13
Z.7'
DIVIs`N
fAt- IIt[%-1:MENT,,
r4 I
rJ?E
D?IJE C6ilc
Z 3 L-P ST??E_ _ PAP FIJI FI,.: Ib.s
G
60'
rJ?LI> M I ?Sea?.?.l
.I 15, f5LoG1L. I4, rsvlsla of BLo[.K- 15.oF Siu-Tio I=
OLo
SrJ SoJ Edo s ., o,Jsl?l? CdJl?r , ?.
;KARL ES F. RIGGS & ASSOCIATES, INC.
P. 0. BOX 15706 JACKSONVILLE, NC 28541-1570
202 WARLICK STREET, JACKSONVILLE, NC 28541-1570
TELEPHONE: (M) 455-0677
x
3 r

0
L
•-L
7a
DIVISION OF
COASTAL MANAGEMENT
THIS v TO CEATIFT Tm%t T* MAJ CT PROPERTY' is
LOCATED Ili iLow zow • "CH
A aPeem fT.OOD HUMID Am As WTm-
PaM NY THE DMAMW OP ""M Alb IW
DEl'MWOOM MWJWITY PA)k Oft
09" Fm"m ale *Om"
HeFor LAND T YW THE PR MI1 M NO* f0M INiAC? 3 0 .
?DAICE Ym THE OF PRACTICE FOR LAN) 1 11
SURYEYTO IN L-2 981
?% ?'9??SUa'?Ey?• c?
s ,
ow,
0
M
lil
'N °-
n
n
E
J
'-Z Q
4 qv?
FFR 1994
N
? m
• v
c?.-
d. pl
G (Log=s - -!?' E611 o? o r 1 --v- I r_- -)
?RLES Fi RIGGS & ASSOCIATES, INC.
P. D. BOX 1570, JACKSONVILLE, NC 28541-1510
202 NAHLICK STREET, JACKSONVILLE, NC 28541-1510
T?LEPHONt: [phone]
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
i
REVIEWER: GREGSO ; l S?
WQ SUPERVISOR: ADKINS-
DATE: March 23, 1994
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 94 PERMIT NO.: 94227 COUNTY: Onslow
PROJECT NAME: Mary Nell Minshew
PROJECT TYPE: Fill PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: March 18,
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Stump Sound
CLASS: SA ORW STREAM INDEX #: 18-87-3
*OPEN OR CLOSED: Open
WL IMPACT: Yes WL TYPE: SM
WL REQUESTED: 0.04 WL ACR EST: Yes
WL SCORE: N/A (Estuarine System) s,
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: Deny
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to fill approximately 1800 sq. ft. of salt march
and 404 wetlands for the construction of a single family house. The entire lot in question is jurisdictional
wetlands.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2669
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Proposed connection to North Topsail Water and Sewer
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: 1800 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? Yes
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
94227.Mar
Page Two
MARINA
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 PERMIT RESTRICTIONS:
It is recommended that the project as proposed be denied. The applicants are proposing to
fill approximately 1800 sq. ft. of coastal marsh and 404 wetlands on a lot that is entirely
jurisdictional wetlands. The purpose or the proposed fill is to provide for the construction of
a "spec" house. This lot is adjacent to the SA ORW Waters of Stump Sound directly accross
from the Purmuda Island Coastal Reserve. It is the opinion of this Office that to fill a lot that
is entirely wetlands for the construction of a residence is not a "Minor Discharge" and NWP 18
should not be applicable. As past experience with NWP 18 has shown, impacts to individual
lots usually far exceed the house footprint alone. These wetlands are currently functioning as
a valuable buffer for the adjacent Outstanding Resource Waters. The incrimental destruction of
this valuable buffer from multiple NWP 18s would result in a severe loss of wetland use in this
area. This loss of wetland use as well as the increase runoff associated with development no
doubt would have an impact on the adjacent open shellfishing and PNA waters of Stump Sound.
cc: Central Files
Wilmington Regional Office Files
DCM-Janet Russell
John Parker
lVAR 2 i 1994
{
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT :,. WATE
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Mary Nell Minshew of
Onslow County, filed an application on February 18, 1994, for a permit from the Division of
Coastal Management to develop in an Area of Environmental Concern and for certification
from the Division of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards.
According to said application the applicant is proposing to fill approximately 1800
square feet of coastal marsh and 404 wetlands to build a house on Lot 15, 23rd Street, North
Topsail Beach, Onslow County.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Environment, Health and Natural Resources, Division of Coastal
Management, and Division of Environmental Management, located at 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, 919/395-3900.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before April 17, 1994. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
April 12, 1994 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
April 7, 1994 for consideration in the water quality certification decision. Later comments
on the CAMA application will be accepted and considered up to the time of permit decision.
Project modifications may occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter will be provided upon request.
PUBLISHED ON: Wednesday, March 23, 1994

.e
•
+. } DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLANT'S NAME: Mary Nell Minshe
2. LOCATION OF PROJECT SITE: 15, 3rd Street, North Topsail,Beach, NC
Photo Index - 1989: 4 173 6 1984. 302
State Plane Coordinates - X: 2 457 600 Y: 263 000
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - December 7, 1993
Was Applicant. Present - No, agent was contacted by telephone.
5. PROCESSING PROCEDURE: Application Received - cc: February 18, 1994
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town Of North Topsail Beach
Land Classification From LUP - Vacant/Undeveloped
(B) AEC(s) Involved: PT, ES, EW, CW, ORW
(C) Water Dependent: No
(D) Intended Use: House (For Re-Sale)
(E) Wastewater Treatment: Existing - None
Planned - Sewer Line Extension from
North Topsail Water & Sewer
(F) Type of Structures: Existing - None
Planned - Residence & Driveway
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands 1500-1800
404 & Coastal square feet
(B) Non-Vegetated Wetlands
(C) Other
(D) Total Area Disturbed: Approximately 1800 square feet
(E) - Primary Nursery Area: Yes
(F) Water Classification: ORW Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to fill approximately 1800 square
feet of coastal marsh and 404 wetlands to build a house.
a ..
Mary Nell Minshew
Page 2
9. PROJECT DESCRIPTION March 14, 1994
The applicant is proposing to fill lot 15 on the left side of the road at the end of 23rd Street in
North Topsail Beach. Twenty-Third Street would have to be extended across the width of the
lot to accommodate this development.
The U. S. Army Corps of Engineers has determined the entire 8040 square foot lot to be
jurisdictional wetlands. A Nationwide Permit #18 has been issued by the Corps. The applicant
is proposing to fill between 1500 and 1800 square feet of wetlands (404 and coastal) for
construction of a "spec" house that will be for sale. The lot is currently vegetated and has no
man-made features on it. Coastal species present in the area to be filled include S artina
cynosuroides, Tynha spp., Spartina patens, and Juncus roemerianus. This lot is separated from
several acres of rank marsh bordering Stump Sound by approximately 12-18" of remnant fill
from an old driveway. However, the lot is subject to occasional flooding as evidenced by its
close proximity to mean high water of Stump Sound.
Lot 15 is located in the .Outstanding Resource Water Area of Environmental Concern of Stump
Sound south of Permuda Island within North Topsail Beach's town limits. The waters of the
Sound are open to the taking of shellfish and have been designated as a Primary Nursery Area
by the Division Of Marine Fisheries. The lot is classified as Vacant/Undeveloped by the Land
Use Plan.
The house that the applicant plans to build is proposed as a two-story residence with a footprint
of 24' by 32' with a 8' by 28' wrap-around deck with stairs leading to the ground level. The
driveway which will be approximately 24' by 30' will be concrete and will extend under the
deck and underneath the house as shown on the cross-sectional drawing submitted with the
application. The concreted area will result in approximately 21 % of this lot becoming
impervious. A maximum of 25% impervious is allowed in the ORW Area of Environmental
Concern. According to the applicant's agent at least 32 cubic yards of fill is required on this
lot.
10. ANTICIPATED IMPACTS
Approximately 1800 square feet of 404 wetlands and coastal marsh would be filled within the
Outstanding Resource Water Area Of Environmental Concern. Because of this lot's proximity
to Stump Sound and other undeveloped land bordering the water, cumulative impact to the water
quality is of utmost concern. The amount of area available for pollutant removal and wildlife
habitat would continue to be reduced within this sensitive watershed.
This project appears to be inconsistent with the Management Objective as outlined in T15A:
07H.0203.
Submitted by: Janet M. Russell Date: March 14, 1994 Office: Wilmington
e '
.Please type or print. Carefully describe all anticipated
r' development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name eAlglEs F. ?iGGS ,P.6.5,
Address
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
?VEr? n?orptx
c. Will the project be for community, private, or
commercial use?
piKi ?ATIC
D. d. Box /S7o
City JWXcowv;11C State /`/ G-
Zip f g6 E4 / Day phone 411) l}5LM1
Landowner or ? Authorized agent
b. Project name (if any) ??' /? Z?Ro sT/T
c. If the applicant is not the landowner, also give the
owner's name and address.
too -
d. Describe the planned use of the project.
/f?B: i06?r?? -
USE-4 LAND AND WATER

CHARACTERISTICS
a. Size of entire tract F.--?--
b. Size of individual lot(s) 84'40 ?+-
c. Elevation of tract above mean sea level or
Nati al Geodetic Vertical Datu ?? o ,
??
2 LOCATION OF PROPOSED
PROJECT d. So ' s) and texture(s) of tract
.c L e rr+
a. Street addressor secondary road number FEB 18 e199Vegetation on tract Ceara a sogz be%
R?r
23 Rv ST
DIVISION
b. City, town, community, or landmark
oltri! TeysA?L ,8sg? J COASTAL MANA"Qj features now on tract
c. County O1V5108,r
d. Is proposed work within city limits or planning
jurisdiction? VA 5
e. Name of body of water nearest project
Sry.»e Sou.?o
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). a srt?ri
? ono K ? I
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation - Transitional
Developed Community
Rural Other
h. How 's the tract zoned by local government?
?.5 ! oEiGt f/aara Str,B?i?/ir?e.1
i. How are adjacent waters classified?
b fZi?
j. Has a professional archaeolo ical survey been
carried out for the tract? NT - If so, by whom?
3191
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed 440 14ids 02Q 040.0
,40,dc 0.4 om'-"Va
b. Number of lots or parcels
Water supply source D/?SGaw Coo?J?f
If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accesswayspjprovide new access.
m.
n.
c. Density (Give the number of re dal units and the
units per acre.) dn? ??
d. Size of area to be graded or disturbed o.
/ 449 -S F;
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°
T Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pave buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
CoiJcR£fE'
h. If applicable, has a stormwater management plan
been submitted to the Divisior;,;Environmental
Management?
I. Describe proposed sewage disposal and/or waste
water treatment facilities.
0 A • "
?Tl 6
j. Have these facil' 'es received state or local approval?
5
k.- Describe existing treatment facilities.
A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/co ial effluent, "wash
down").
If the project is on the oceanfront, what will be the
elevation above meansea)Svel of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel -
(MW) or (NWL) /4?? /JIA
Boat basin r,-,,- r 111.4
NlA

Litet-lier.
rockjew-B 'S 1994 ?fl,f ?/?a ??fA
Fillplace %SION OF
i ?ye*NAGE

NT
A

*
WHC r.4
Upland fill LtI1.4 J 11/A
areas
b. Amount of material to be excavated ?? 19w
water level in cubic yards
c. Type of material i?(A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cu is yards
3/91
2
a -
f. Dimensions of spoil disposal area I
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission froifi the
owner.
i. Will a disposal area be available for tore
maintenance? -4
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas? A4A
"k. Will the fill material be placed b low mean high
water? o
1. Amount of fill in cubic yards
/Do
m. Type of fill material z LAy Slav ZoAm
n. Source of fill material b?JK?Jouw A_ r rdis rzmg
o. Will fill material be laced on marsh or other
?s
wetlands?
p. Dimensions of the wetland to be filled
/o'- zf zY 70'
q. How will excavated or fill material be kept on site
and erosion controlled?
41.r -1e&,t%g will a& y5w f
A&e,A-IA;
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dred e)? 4646lUbe a e
?i6Mli FiJo LoAo?lG
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level 40A
3/991
c. Shoreline erosion during preceding 1 months, in
feet AYAO
d. Type of bulkhead material ?f/A
e. Amount of fill, in cubic yards, to bed ced below
mean high water ;V
L Type of fill material 414
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 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 work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 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 23 high
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
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 comments
on the proposed project to the Division of Coastal
Management and s o fdb aZfvt"?;eZTB : e p 'cant of
that opportunity.
FEB 18 1994
DIVISION OF
COASTAL MANAGEMENT" 3

Dame _10.0 _Apa
Address 20 A et Df,44L
tl? ?L 2-76v3
PIA:1
Name EaWA>zP DAJ?S
a Z Cows GIN aw
Address
Lo ??
Name c?A? L o0
?Jpt Address S4 IWea oA
? era ? 6.r R /ti/G 26 ¢G D
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
& tD
,,rte
VS A ee y -O•Or */
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application
application.
allow only the development described in the app c
Tice project will be subject to conditions and restrictions
contained in the permit.
the proposed
I certify that to the best of my knowledge,
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will con-
ducted 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 application and follow-up monitoring of
project.
This is the _, dad of
.A signed AEC hazard notice for projects in oceanfront Landowner or Authorized
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
FFR ` 1994
19 R
DIVISION OF
COASTAL Mi-JW%GEMENT
3191
4
s
tg1(-N to
s ; (i,
264
0
3A.' I
0
S ?.
4 ?
O 1? I
31"6 1' (> 6,
1w 7.00'
I XT 'Sol
8,0 40 Sa. FT
j0 F_S
f.-.;1q r1 5a. FT
of p1L • 1,449 6a.rl..
DFtYE ?1AY e E
?+ED ?Et? 11? SIZl;
l1L ?d1 Te ?>«
F
ZS GJBiI,. YLfDS
SW AV,w AReA 'ro
iba O LLEo
L1E11 gich" OAS a1r aejo,
Tats La T 1s ?410*11
404 Je.TL s Avs
Lo-r 14
EDj^tzp cAJIS
.7i2 CcJATv-.f fo^r-
M,dL?a1..a, ?A 23?,?
LE E i
Ile, 1?t tr?do UILoty 1100,
JT-of: WILY
? - ?F.r.?1E.? l t?1?
X-6 ror E 6VATIO
UD?D ror. ctw, Kld
?EFE?EIJ?-E? Z97.07' To F10 of
P& 1027, F4. S53 0.L 414 WAY Z10
Mai I5, P4.157
a l TF:
- . *Ic;

i
19 ?
X N
.L
Z.s
y
0
0
t?
Ztn
m Ae
tz
? ?oT I&
r+?+?J
Ee?4e R
?
TT
l
O Zos P?AK?Z CPO
F1Kc??1lc, c .
0 2"1963

FEB 18 1994 -
DNt(_:,!ON OF
TAL MAINAOEMENT,
X? (-Y p 4
S 31 s9' od E 6 7. o0' r ,
DtZ1JE ? LaNcBfj?
eL e,/ T. e r 3.z • 3.?
ms u " win" MT TIE T Is
UUTIM IN ? RM HUM NO #J OEM-
Z 3 g° ?'((ZI:F
T
d . *Mbb Alb MW
00 !Y THE DEPUMOff .
_
?
37n4?b bolo A j L t. 119E
? aMA ES rzwcu KM to NOW mi n,vT ,H rD
WNM DE NMI I
awal s to MORIH as ?NEi?Nr1N ACOOR-
At" WIN THE a ? ? t "WUCE M LM
?M
4
,

=2
43
w y F?L rI1f!`? ?/N
^ F 11"??
'
pF? ,......? .
Z . ..

--
- Olc SET-T-0-F 6. gEAe-
. ,?
ZSSt
2--1b_ CIS c
?.
lz•,,?0scu =

std ?oJ Flo

s . b,J

s

l??1

CoJ1?T ,
26 - 14- ( CHARLES F. RIGGS & ASSOCIATES, INC.
JACKSONVILLE, NC 28541-1570
P. 0. BOX 15701,
zoo roo' o' .
202 MALICK STAEET,'JACKSONVILLE, NC 28541-1570
Z-0 . TMEPNOW- [phone]
+.i.? .°.t t l J
t 'v
A N IN
16 L30, M61
z1I
Q
fi
U
Z
v
I..._) A
Q
-N °-
A
J
N
-Z Q
v_
?= 7
V r7-
fFR F P 1994
DIVISION OF
COASTAL M+Ai IAGEWIENT
N
. M
?L
?- s
n„ ." To tORfft twit "t MUCT ompiptt n
tmm m nm DOZE • • o tc" ?.\
- it smm nm wr" au a off-
wn n "a o®amort or NANO ae a"
ors rwA4a RM, FFDJM NUMM
0,09 1 G (lo2S - SEA ? o? c ? e I S
Lim W"Em a NEW" =
am*"" "I pool I As DO AUMW--
wm vm or s uo
AN
nil L Ly?fl Q;
Fi RIGGS & ASSOCIATES. INC.
L, NC 28541-1570
IL
P. 0. BOX 1510, !ACKSONVNV
X02 NA UCK ST ET JACKSOILLE, NC 28541-1570
tELEPNONE: [phone]
_ DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 18
JOINt kOk M I'OR
Nationwide permits that require itbtitication to the corps of Engineers
Nationwide permits that require 00011catiott tot- Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QQUALITY.PLANNING
CORPS OF ENGINEERS bIVISION OI' ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, I IEAt TI1.
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Doi 29535
ATTN: CESAW-CO-E Ralei ti, NC 27626-0535
Telephone [phone] AIW: MR. JOHN DORNI;Y
TeleohoH@ [phone]
ONE (1) COPY OF THIS COMPL1;TEb.API LICATION M16tiLb BE SENT TO TIM CORPS 'Or ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Mary Nell Minshew
2. Owners Address: Sneads Ferry, North Carolina
3. Owners Phone Number (home): [phone] (Work): -----------
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Agent - Charles F. Riggs, R.L.S. [phone]
202 Warlick Street - P. O. Box 1570
Jacksonville, North Carolina 28541
5.. Location of work (MUST ATTACK MAP).; County: Ons low
Nearest Town or City: - Town of North Topsai 1 Beach
Specific Location (Include toad numbett, landmatkt, etc.): 2 3rd Street
6. Name of Closest S(ream/River: Stump Sound/Intracoastal Waterway
7. Ri%•er Basin: N/A
8. Is this project located in a watershed classified as Trout, SA, IIQW, ORW, WS 1, or WS 11? YES 4)Q NO 1 1
9. Have any Section 404 permits been previously requested for use on this property? YES i J NO 3XN
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.18 acres of wetlands
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.03
Drained: 0.00
Flooded: 0.00
Excavated: 0.00
Total Impacted: 0.03
?4) ?? 19a ? f `1 •`R {
11,j
FEB 18 1994
DIVISION OF
COASTAL MANAGEMENT
Ir
z?
~ 12. Description of proposed work (Attach PLANS -9 1/2" X 11" drawings only):
Fill below the construction of a single family dwelling And the
proposed driveway
13. Purpose or ptoposedwotk: To provide proper and sufficient access to
a single family dwelling
14. State reasons why the applicant believes that this 6ctlvlt} intist be carried out in wetlands. -A1 o, note measures
taken to minimize wetland impaett. Needed to provide proper and sufficient access
idgeaw of egfi hledarea below the dwelling and driveway is the only
15. You are required io contact the U.S. Vish and Wildlife Service (US1;WS) and/or National Marine Fisheries Service
(NNiFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES Ix 1 NO I 1
RESPONSES 1;ROM TnE USFWS AND/Oit NMFS S(tOULb 13$ FORWARbED TO CORPS.
16. You Are required to contact & Mate hisiotie Neservfitioh Officer (SNl?O) regarding the presence of historic
properties in the permit area which maybe affected by the proposed project? Have you done so? YES FJ NO I I
RESPONSE M- OM THE SiIPO SHOULD 13E PORWA11,1313,13 To CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
13. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultarit, inchide all data sheets relevant to the plncenient of the
delineation line. '
D. If a stormwater managenient plan is required for this project, attach copy.
E. What is land use of surrounding property? Re s i d e n t i a l
F. If applicable, what is proposed method of sewage disposal? North Topsail Water R Sewe r
Z -Z& - 93
Owner's Signature Datc
Urto/
j%SItfib! ^.
SEAL
L-2 o
-
Z 11 Di;
FEB _ ,ago
DIVISION OF
COASTAL MANAGEMENT

{ W
(

(
is
s ?
q 14,
PON PAW ? M i lei ' ? ' ? I??
N.

• -
f... h
Oa
•
' '
.._ w k
8
'f

r?I ?f r I . `.. b erg ' 1
`a?. , Y? N +1 ?d w FEg 1 E 1994
aysyy us"? i` t
t-f
O •N
cs
m?
46
tn -4
0

E

f J
W

4

:.;
>
1tt'
I w at/1 -+az V
iT as
U t

PAN
.3ia?e?tiie• __
t
Y
i

u DIVISION OF
NAGEMENT
y rf , E? .. COASTAL MA
A,134.011
(A I LA
NI
?
`.

?AILjL "fit
"
I tH o
x -4
t.i,:1L j
A
p
C tu
' H

? y
y

L•L •aY .I t ..
W ,t ?(, k 4 MM
I p : • • • • 1
y?.
r j ` ? j?A t (r(??•,,
•
l Y
t t S Y%
f 5:17 7? ?. t ??I? ?• ..
' i to } ? \ jt{•?q (' ?Q
•
i
Z.L,•tt_LL%% t_ T U- I- I. L
J ! 0 C? ;? "; is A V Y?
% AA
:? p O O? C S .ri ? 4 r* ? :a
+r
to Is
LLt•LLZ.7. j.1? 1_[..r• t• I
'1•e?p? Oy ,Nast ??. •
?qn . .
.? 1v J ?y (• `N 1? C C• J• }?
rA Pr to {q ? t^ (h ? t'r t^t ?? C? t` r.
J ? ? M ? ? ?c ! ) r+ J ~ V
??? ???INOaAo ??
3do"
X7.00
SIjE
t H
N Z40
?e ES
50. FT
Of FIIL • 1,449 Sra.f-j.
D?I,E IiAY 15r
?EpIoT -&v It? SIZ9
FILL t T. etIIecto
v; cJgl? `(??vs
5J A,VIW ARCA •ta
64s.- f I ttEv
9`40- JA6
Tills t"T Is 0111LE11
404 JcTtA-Avs
LOT 14-
4 6
tag ( j l lI jjq jdiLvJ41it-11?
?It - ?1?4?T•?f ?''Y
?-??,-1E?LI11?
01
?EfE?Et ???5
D.6 1o Z7, P4.553
tj.g Is,P4.s7
rAI

1!Q8 It to CBI I 1 M I? is
FDCAi® a FLOOD taFrE 4 • '
- I sk A W WI AL nAP RVAl0 AM M bETE F- Z 3
wm R Tit ! n or WON Alb USN
coma "van no, Imm Pjm k-7 I- I
"T rLct P-A,1
w q g 01- I I F' t ? 1' I r°?
?rES " P+oP " a "m
"mm a
011M KIM a FTMOIT4iff? , CAR"wTtcE?faF 4?ua
Z.2G,g3
A
BlcL1E IS of
.1 A bT t5? ?SLdLiG 14, ??Vislo or
o StiO I,
?,9 <
?os??? << s Jtir old s o slvj CdJt?T , ?G
if
FRl1rt ,?.?? GHAp??Q F. AIQG$ 0 ASSOCIATES, INC.
f',` P?. p. BOX 1570,, JACKSONVILLE, NC 28541-1570 - - 11 , 7 Zo' tj,i,.. W" I PQ2 NARLICK STREET. JACKSONVILLE,
io; o? o? NC 28541-1570
I" -- Zo TELEPHOWE (9i8) 155-0877
FEB IS 1994
DIVISION OF
COASTAL MANAGEMENT
Lo-r I
. S 31' i qT vd E 6 7. oo'
97.07 'ro
.? ?IIyFI A`(? of Zio

?13. c r
3 ct X
t H z
'i
1t ?
L
n
A
N
O
r
r
r
z
C
O
C
z
r?
.n
O
Z
^T
h
q, f- t t
f-
0 '1
? N t
d 1
T 1
t
,o
t r
? r
? o
1 z
1 •a
1 0
1 ?
1
1
1
1
1 1
1 ?
1
L
i
f?
C)
1 y 1
7 1
Z t
t
I t
u
rtl ...
0.
0
t
lot
• !! ab. ttt.
•c'?t
w?
\,f
41,
R 1;
?i
.r,
R

n
t ?
?s
e
t
f
- ----- Aj
FEB 18 199&
DIVISION OF
COASTAL MANAGEMENT
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #)• 18
i
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING'
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephon6 [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Mary Nell Minshew
2. Owners Address:
Sneads Ferry, North Carolina
3. Owners Phone Number (Home): ( 919 ) 328-1567 (Work): -----------
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Agent - Charles F. Riggs, R.L.S. [phone]
202 Warlick Street - P. 0. Box 1570
Jacksonville, North Carolina 28541
5. Location of work (MUST ATTACH MAP). County: Onslow
Nearest Town or City: , Town of North Topsail Beach
Specific Location (Include road numbers, landmatks, etc.): 23rd Street
6. Name of Closest Stream/River: Stump Sound/Intracoastal Waterway
7. River Basin: N/A
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS 1, or WS II? YES I[)q NO ( I
9. Have any Section 404 permits been previously requested for-use on this property? YES [ J NO XX)X
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.18 acres of wetlands
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.03
Drained: 0.00
Flooded: 0.00
Excavated.. 0.00
Total Impacted: 0.03
'77 r
'FEB L 8 1994
DIVISION OF
COASTAL MANAGEMENT
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Fill below the construction of a single family dwelling and the
proposed driveway
13. Purpose of proposed work: To provide proper and sufficient access to
a single family dwelling
14. State reasons why the applicant believes that this activity must be carved out in wetlands. -Also, note measures
taken to minimize wetlabdhimpacts. Needed to provide proper and sufficient access
?odw oltbegfilledarea below the dwelling and driveway is the only
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X I NO[
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.'
16. You are required to contact the State historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES JX)J NO[
]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. . ' .1
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential
F. If applicable, what is proposed method of sewage disposal? North Topsail Water & Sewer
Owner's Signature

-Z& 43
Date
9 O? N?enwe?'a: R
SEAL
F <<?? .
77,
?
T11
FFB 1994
DIVISION OF
COASTAL MANAGEMENT
.
t N M y?

?, z o
rt C

. i•
c
.rr+
?o
l
Al

?
1
s 1 .
Rf---
.t l =-
1 N

N t
h j 1
x a1il.f•w t , _
?j .ttt fe
? ?• .53
3
•
1
:7 i
1 .
es s
r ..
?

01 10

t1111. b 1.

1
? t 1
1 «
-4
1 0 ;
1 a a3ab. f/.
a.r;?, r c?.lA
1 ? 1 1
1 r
t laao; ft. .
, t
(Ail
i -- ~-??•
.. ? t
t ?...._ ...i ?••®
1 t „1 1a
1 e? ? 1 ?1. aei.
1 ?-- - - t ? • ?1
. 1
p 1 4, 48"
m ? r
t =.
1
i e.t
V ?
1)

e.9..
.? pile
.NO Zed
V
a.?
\

1 ? iet

t?
? ?
Z 1 ,1 t
? ? ??
I .
i •?
(n " 1 iie"la' -- i sir n
JJ ?1s
t•M V,.
O?
Z ----------
Mr rsre?' ? e

t 1

._1... 7
s tern. =t.

FEB 18 1994
DIVISION OF
COASTAL MANAGEMENT
i
d
7
r
O
S
w7 ?
o ?
n
ass, 31?5?'00" /'1.00
?
SIjE
N N
,Jo Es so 40 sQ. FT ?ic 1
(?Px1r, t? Sct. ??
Of fltl 1,441 So.rj.
vp-/E t-IA-f BE
REvvLEv IFJ size
fill o f To titxEp
zs LjPIt- O
Y. cos b o
Ev T N F?*I; _
f5is
flll6v ;?, ( ?OSE? I i Z
t?? L
TJIL LOT ISt?lIT111? :O V1 ?- i aoC7}{?(.1- - DT ??
+0 JcTLAIlt7s
A is
LIT I?. NA
L'M61
L
711fil 111do 61 ifr T'
o aY :
S31059' oo"E ?7no' r4
iE46- E1 ??ES z97.C,7' ?'o j„? or
D.6 I0Z7,F4.S53 0.6 ?f1 ?Y L10
9, 15, P4.57
TMI It TO CERTIFY THAT TIE T Pj ATT II
LOCATED Ill n= IDLE ' 1[ _:
__LS_._ I wEcm FLOOD WtiAM MEA U bEEM- Z 3 G
sawn
AV At
W MI HBW IN I?? n q 3 01- I I 1 f'" ?- I'_I I A I`Y 1 ?t I '-'''I °r
Via IMT14 TtE IT ?' CE FOR WO
KffknW DI
M Ate JrLL MIfJs??tJ
WAW
R? 2 1
• A ?j` 01 Iii VL644c 1+1 ?1;?/ISlti of B oLK 15
.Of SEL'?lo I?
li.V A ?.
olp S?TTL?.F's BF Ae-j
3?,? :''sur <<-?,h• ? sr? so J ?I d TJs :, o,Js lOd evil]
CHARLES F. RIM 0 ASSOCATES, INC.
"Wit
p. 0. BOX 15704 JACKSONVILLE,
' o NC 28541-1510
Zo, 202 OARLICK STREET, JACKSONVILLE, NC 28541-1570
tELEP110W [phone]
2P
FEB 18 1994
UVISION OF
COASTAL MANAGEMENT
a''ma4
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 19, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretaiy Director
Mary Nell Minshew
C/o Charles Riggs RLS
202 Warlick Street
P.O. Box 1570
Jacksonville, N.C. 28541
Dear Mr. Minshew:
Subject: 401 Water Quality
House.and driveway
Onslow County
DEM # 93176
Certification
construction Project
On 2 March 1993 you wrote to the Division of Environmental
Management requesting a 401 Water Quality Certification for your
project to construct a house and driveway at Lot 15, Block 14 old
Settler's Beach in Onslow County. We have been informed by the N.C.
Division of Coastal Management that this project will require a Permit
from the N.C. Division of Coastal Management: We cannot continue to
process your application until the Division of Coastal Management
(DCM) begins the permitting process. Therefore I must hereby place
this project on indefinite hold until you and the Division of Coastal
Management gather the necessary information to develop an acceptable
DCM permit application. Also by copy of this letter, I am also
notifying the U.S. Army Corps of Engineers that this project will need
processing by the Division of Coastal Management.
If you believe that this decision is in error, please call me at
919-733-1786 to discuss the matter.
Sincerely,
R. rney
etlands and Tec nical Review Group
dcmrev.ltr
cc: Mr. John Parker, Division of Coastal Management 7%S-ZZ'13
Division of Coastal Management Wilmington Field Office-Bob Stroud
Wilmington DEM Regional Office
U.S. Army Corps of Engineers Wilmington District Office
Central Files
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9191486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Preven'lion Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Ff. -r
?-1
FEB 18 1994
DIVISION OF
COASTAL MANAGEMENT

-2-
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect.Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification (if the discharge exceeds 10 cubic yards or the discharge is
in a special aquatic site, including wetlands).
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division
Engineer; or
(2) if notified by the District or Division Engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of
the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
FAR 18 1994
AIV I SCON OF
COASTL MANAOFMENT
r

bEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 29, 1993
Regulatory Branch `
Action ID. 199301441 and Nationwide Permit No. 18 (Minor Discharges)
Ms. Mary Nell hinshew
c/o Mr. Charles F. Riggs, R.L.S.
202 Warwick Street
Post Office Box 1510
Jacksonville, North Carolina 28451
Dear Ms. Minshe,a:
The Federal review has benn completed for your proposal to discharge fill
0.03 acre of fill material into wetlands adjacent to Stump Sound on your
property located on 23rd Street in North Topsail Beach, Onslow County, North
Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CPR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pu r,;want to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided for discharges of dredged or
fill material into all waters of the United States. provided,.;..
a. The discharge does riot exceed 25 cubic yards;.
b. The discharge will riot cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage' limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so-thet they would no longer be a water of the United States as a
result of the project;
C. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
Your !cork is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. If you have not-already done so, you should.
contact the following State agencies to obtain the required state
authorizations prior to starting work:. Mr. John Dorney, North Carolina
Division of hnvironwental Management, telephone [phone], and Mr. Steve
Benton, hortl: Carolina Division of Coastal Management,..telephone (919)
733-2293.
FF8 IS 1994
DIVISION OF
COASTAL MANAGEM ENT- .
.3:
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified; reia9ued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of--the nationwide permit
authorisation. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, auch thAt the Activity
would no longer comply with the terms and conditions of tha nationwide permit,
activities which have commenced (i.e., ate under construction) or Are under
contract to commence in reliance upon the nationwide permit Will remain
authorited provided the activity is completed within 12 inohth6 of the date of
the nationwide permit's expiration, modification or revocation, unless
dibcretiohary auth6rity has been ekArcised on a case-by-base basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Jeffrey Richter , Wilmington
Field office, Regulatory Branch, telephone [phone].
Sincerely,
Mne Wrig
Chie Regulatory Branch
Enclosure
Copies Furnished (without enclosure)!
Mr. John Parker
North Carolina Department of
knvironment,•Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-1687
Mr.,Jphn Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7681
Mr. Steve Benton
NCDHENR
Division of Coastal Management
Vogt Office Box 27687
Raleigh, NC 27611-7687
Mr. Jim Gregson
Wilmington 96116ngl Office
NC bivibioh of EnvirohmentAi
ManAgement
127 CardinAl belv6 Extentibtt
Wilmington, North Carolina 28405-3845
Mr. Bob Stroud
Wilmington A6§16hil Office
Worth CarolihA bivigioh of
Coastal Management
127 Cardin61- Drive Extenaion
Wilmington, North Carolina 28405-3845
FEB 1994
ptViS`,Of? OF
COASTAL MANAGEMENT

-3-
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental bffects.the project would cause; any
other NWP(s), regional general permit(s) or individual p6rmit(d) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Wherb 'required by the terms of the NWP, a d2lineatioh 6f affected
special aquatic sites, including wetlands) and
(5) A statement that the prospective permitte6 hag cbntactedi
(a) The USFWS/NMFS regarding the presence of any Federally listed (or
proposed for listing) endangered or threatened species or critical habitat in
the permit area that may be affected by the proposed project; and any
availabl6 infbrmation provided by those agencies. (The prospective permittee
may 6ohtact Corps District Offices for USFWS/NMFS agency contact6 And list of
critical habitat.)
(b) The SHPO regarding the presence of any histbric properties ih the
permit area that may be affected by the proposed project; and the available
information, if any provided by that agency.
14. Water Supply intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply'intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies; etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
5--+
77- 77
FEB 1 s 1994
DIVISION OF
COASTAL MANACI=t 4ENT.

-4-
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
20. Adverse impacts from impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
l???l! FFB IF, 1994
DIVISION OF
COASTAL MANAGEMENT
t

CL7-18
STATE CONSISTENCY CONDITIONS
1. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
2. The applicant must receive written concurrence from the North Carolina
Division of Environmental Management that the proposal is certified under the
Section 401 Water Quality Certification Program.
3. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management that the activity is consistent with the North Carolina
Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of waters or wetlands for this
General Certification requires written concurrence from the North Carolina
Division of Environmental Management.
2. If written concurrence is not issued by the North Carolina Division of
Environmental Management within 45 days from receipt of a complete application
by the Division's Section 401 Certification office in Raleigh, then Section
401 Certification is waived for this Nationwide Permit unless additional
information is requested in writing by the Director.
3. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
4. Additional site-specific conditions may be added to this Certification in
r,rder to ensure compliance with all applicable water quality and effluent
standards.
5. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
77-
1994
DIVISION OF
COASTAL MANAGEMENT
I
I
.;,,STS)(;;.
Department of EnviState of ronment, Carolina
t, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
April 2, 1993
Ms. Mary Minshew
C/o Charles F. Riggs
202 Warlick Street
P.O. Box 1570
Jacksonville, NC 28541
Jonathan B. Howes, Secretary
REFERENCE: DEM93-176 Nationwide Permit Application for an activity located in
Onslow County, NC
Dear Ms. Minshew:
The NC Division of Coastal Management has reviewed the above referenced application for a
Nationwide Permit dated 02/26/93, pursuant to Section 307 of the Coastal Zone Management Act of 1972
as amended. Based upon our review, we have detennined that the proposed activity is consistent with
the North Carolina Coastal Management Program provided the following conditions are met.
1. The activity described in the above application qualifies to receive one of the Nationwide Permits
described in 33 CFR Part 330 with the exception of numbers 17, 21, 24, and 34 which were found
inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the NC Division of
Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State
and/or permit requirements are met prior to implementation of the project. Please feel free to contact M.
Caroline 8ellis or Mr. Steve Benton at [phone] if you have any questions or need authorization
further assistance.
Sincerely,
?-R er . Schecter
cc: Bob Stroud, Division of Coastal Management, Wilmington
John Dorney, NC Division of Environmental Management, Raleigh
Wilmington District Engineer
AM: CESAW-CO-E
PO. Box 27687, Raleigh, Noah Carolina 27611-7687 Tciephone 919.7334984 Fax [phone]
An Equal Opportunity Affirmative Action Employer
90%fecydW/10%Post.mmuaK paper ... ? y 22
FFg F 1994
DIVISION OF
COASTAL MANAGEMENT