19970125 Ver 1_COMPLETE FILE_19970304

s
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mr. and Ms. Joseph Kittinger
2. LOCATION OF PROJECT SITE: Adjacent to Greenville Sound north of the mouth of
Bradley Creek, at 303 Bradley Creek Pt. Rd. in New Hanover County.
Photo Index - 1995: 22-255; grid 20 I&J 1989: 174-4; grid S 6&7
State Plane Coordinates - X: 2356600 Y: 169500 -
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/27/96; 2/04/97
Was Applicant Present - Yes; Yes
5. PROCESSING PROCEDURE: Application Received - cc: 2/04/97
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PT, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - None
(F) Type of Structures: Existing - Residence, Basin and Channel, Dock (pre-fran)
Planned - Maintenance of same, relocation of dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
S_partina alterniflora 20 sf 365 sf
Mixed Spartina alt., S.partina patens, 205 sf
Borrichia fr., Distichlis
(B) Other - High Ground 21288 sf
Open Water 340 sf
Shallow Bottom 14940 sf 147 sf
(i)) 't'otal Area bisturuea: .6b acre
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: Applicants propose to maintenance excavate their private boat basin
and access channel. Additionally, they propose to protect it from accelerated sloughing and
shoaling through the construction of a breakwater system. A small pier and floating dock are
proposed within the basin.
S
Mr. and Ms. Joseph Kittinger
Page 2
9. PROJECT DESCRIPTION 2/28/97
The project site is located approximately 800' north of the mouth of Bradley Creek adjacent to
Greenville Sound. Access to 303 Bradley Creek Pt. is by way of Airlie Rd. in New Hanover County.
The site is approximately 3 acres in size, and averages 6' above mean sea level. The property is
vegetated with lawn grasses down to the basin edge. This is a residential area, with very low density
development. To the north of the project site lies Harbor Island which is surrounded by community
and commercial marinas, and the marinas along Airlie Rd. Within Bradley Creek to the south is a large
commercial marina system. Consequently, the area experiences very heavy boating activity.
There is an existing boat basin and access channel adjacent to the property, connecting to the AIWW.
This structure exists on the 1978 photography, and as such is a grandfathered feature. It appears from
the 1984 photography that the channel was maintained between the years of 1978 and 1984. The 1984
photography also indicates that the channel was excavated to the point where it connected with the
AIWW. The existing basin and channel extend approximately 440' from the landward end to the
mouth. Current soundings within the basin indicate approximately -3.5' mlw within the basin, from -
2' to +2' mlw within the channel, and approximately -5' mlw in the connecting waters of the sound.
Field soundings confirm this. The basin floor is predominantly sand. The dock shown on the north
side of the basin was destroyed during Hurricane Fran.
To the north and south of the channel there is an expanse of Spartina alterniflora approximately 300'
to 400' wide. The mouth of the access channel is approximately 200' from the edge of the AIWW.
The waters of Greenville Sound are classified SB by the Division of Water Quality; the area is not
designated Primary Nursery by the Division of Marine Fisheries, and is closed to the taking of shellfish
for consumption. The site is served by County Water and Sewer. The New Hanover County Land Use
Plan classifies the site as Conservation. Greenville Sound is approximately 600' across at the project
site.
The applicants proposed to maintenance excavate the boat basin and access channel to approximately
150' beyond the marsh edge; they propose to stabilize the basin with a bulkhead landward of the
wetlands; they propose to prevent future sloughing and shoaling of the channel with a breakwater
system; and lastly, they propose a small pier and dock within the basin.
The timber bulkhead around the basin is proposed for a total length of 340' (18' of this is return
sections), aligned landward of the wetlands. At the terminus of the bulkhead, the structure continues
into the marsh on either side of the channel as a breakwater. The breakwater is in sections ranging
from 100' to 120' in length, for an overall length of 610'. There are 5' gaps between 10 overlapping
sections of this wall. On the north side of the basin the breakwater will extend approximately 74'
beyond the edge of the marsh, to the mean low water contour. The first 195' extends through mixed
marsh consisting of Spartina alterniflora, Spartina patens, Distichlis s pig cats, and Borrichia frutescens,
and then through homogenous Spartina alterniflora. The breakwater on the south side extends through
SSpartina alterniflora for approximately 200', and into the open water for approximately 73'. The first
21' of this wall connects the breakwater to the bulkhead in a north/south position. The applicant has
proposed this structure to extend to the mean high water level in height, and have 1 " gaps between the
sheathing boards. The breakwater is situated between 12' and 18' inside of the marsh, leaving this
fringe of low marsh between the breakwater and the channel. There is no backfill associated with the
structure.
The basin is to be excavated by clambucket to barge to an approximate 60' x 60' configuration within
the existing basin, which is approximately 70' x 80'. The proposed finished waterdepth is -5' mlw.
The access channel is proposed to be dredged within the existing 38' to 40' width to a width of 30' and
a length of 380'. This distance connects the channel with the -5' mean low water contour. The
proposed excavation depth within the channel is -5' mlw. The are two small pockets of Spartina.
alterniflora attempting to colonize within the area to be excavated totalling approximately 20 square feet.
Approximately 2367 cubic yards of material will be removed and placed on high ground on a spoil
island south of AIWW channel marker 127. Permission is on file from the owner of the island for this
use. The partially de-watered material is to be contained by a pushed berm and siltfencing. An area
of 200' x 400' has been designated for this use, but with the amount of material to be placed on the site,
approximately 1/2 of this is all that should be needed. There is an area on the southeast side of the
island where access can be gained without crossing wetlands, as the applicant proposes doing. The
applicant plans to retain the necessary spoil for use in backfilling the bulkhead.
In the southwest corner of the basin the applicant proposes to construct a 6' x 20' pier, connecting to
a 6' x 40' floating dock. There will be a 10' x 10' boatlift at the end of the float. The float abuts the
marsh on its west side, and provides the possible mooring space for 2 boats along the float, and one
in the lift.
The intended use of the project is private.
10. ANTICIPATED IMPACTS
The excavation of this basin and channel will remove approximately 2367 cubic yards of sand from the
system, disturbing approximately 14,940 square feet of sandy shallow bottom area, and removing
approximately 20 square feet of coastal marsh. The spoil placement and bulkhead construction will
disturb approximately 21,288 square feet of high ground. Assuming a l' width of disturbance and fill
for the driving and jetting of boards and pilings for the breakwater, this structure will displace
approximately 245 square feet of low marsh, 205 square feet of mixed marsh, and 147 square feet of
shallow bottom area. The pier will be elevated over 120 square feet of Snartina alterniflora, and the
docking system will incorporate 340 square feet of open water. It can be anticipated that there will be
a typical sloughing of the marsh into the channel from the de-stabilizing effect of the excavation on the
substrate. Together with the disturbance for the breakwater placement, this may cause the fringe
averaging 12' to 18' of marsh between the breakwater and the channel to be lost. There will be an
increase in turbidity in the project area during excavation of the basin and channel.
Submitted by: T. Barrett Date: 2/28/97 Office: Wilmington
Forrh DCM-M -1
APPLICATI ONi I^, w 996?
` (To be completed by all applicants) D I V! 6 i ON OF
COASTAL Mi"d4AGE ?iiENT
amtown, community or landmark
J LA J LM
1. APPLICANT
? U??-
FEB 0 41999 address or secondary road nu?} ber
a. Landowner: _ _??'?
DIVISION OF
nA T L MANAGE&4EHT ro sect work ?Tes n ci limits or Tannin
Name Mr, (lam Jo1,f?c c, ? P p° ty P g
jurisdiction? No
Address _ 3 o3 & )tty &KI V ?I--
City (a )d nti. W State m_
U
Zip a 03 Day Phone _ P5'e- , 7S
Fax
b. Authorized Agent:
e. Name of body of water nearest project (e.g, river,
creek, sound, bay) _A zC Wu) I nna. l?L, C ?
i
3. DESCRIPTION AND PLANNED USE •
OF PROPOSED PROJECT
Name _ CA•n,,i'W.4 mid y-a Ld'S'L
Address PO I??x 730,q
city 6k?*' 1 '21 State P1C
Zip a H O-3 Day Phone
Fax
C. Project name (if any) iii ?kWVcver
NO E: Permit will be issued in name of kndowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
1 `J\[c? tt O? 5 ? j;" A f 1 C7^ -; ? !Ni p Mr+i x ,'mc.?lt
r'rr,c r J,' t z?
q X11 G i S r `
b. Is the proposed activity maintenance of an existing
project, new work, or both?
c. Will the project be for public, private or commercial
use? 'PrNNVP-
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. ?A., L-,.z,1 r,,,„,:e CC 4W I;
io
a. County ka 4iy'qJ-
Revised 03/95
4&! t 2e- tJS? ors
,R40A7`,,c' r sw, .rs ? 6y
ow.-PJ ? loa ..1?
c-
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
m. Describe existing wastewater treatment facilities.
- 144
a. Size of entire tract /moo +,, a50 wia-_ X (ow
b. Size of individual lot(s) =,AM6
c. Approximate elevation of tract above MHW or
NWL _& A4_?-
d. Soil type(s) and texture(s) of tract
s i??aar l-?: a. n.
e. Vegetation on tract '/e5
" f. Man-made features now on tract G x . 0
f o! x f l?' n ?' ?'? x l G I-txmp .
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
o. Describe existing drinking water supply source.

5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land addition to the completed application form, the
classifi tion of the site? (consult the loaai M 1 must be submitted:
Conservation Trani
Developed Co FEB 04 1co the deed (with state application only) or
Rural Other lei mstrument under which the applicant claims title
DIVISION 000 the affected properties. If the applicant is not
h. How is the tract zoned by local governmeO?{?STAL MANAGIMM9T 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
i. Is the propos roject consistent with the applicable from the owner to carry out the project.
zoning? Yes No
(Attach zoning compliance cer ficate, if appit-bli) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological ass sment been ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes No Coastal Resources Commission Rule 7J.020' 3 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or oes it involve a National only high quality copies will be accepted. Blue-line
Register listed or a 'gible property? prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands o the site? es No Engineers regarding that agency's use of larger
Coastal (marsh) • Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(Attach do=nwntadon, if available) guide agency personnel unfamiliar with the area to the
Revised 03/95
r.
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name A..nJt,, R, 13e--NZ
Address krlrc. RJ,
Phone a („ -31C2:3
Name
Address :;o T (:? .-
Phone ?5-G 3-?G,,!(
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
PPm- + 6q-7q LA S Tiy-,
3l I'?f ?a
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
1 certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of , 19-a.
Print Name
Signature a ZXZ
-"?Z
Imido%ner or,",-i:ed Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
MD e?r? e?d ? the bottom of each form.
FEB 0 4 1997
DIVISION OF
COASTAL MA14AGEMENT
Revised 03195
Form DCM-MP-2
EXCAVATION
AND -FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Length
Access
channel
(MLW) or (14L)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

,380
?i

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-
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w.
.+ Y ?
,.. .

m?

A/; /K r..-
OCT 13 1995
DID S'IC1'UF til
COASTALrMANAGEMENT
J L ` IJ AUu 0 7 1996
DIVISiCAN OF
nrnnc-a! nAAr,lArrRAFNT
1. EXCAVATION
.a. Amount of material to be excavated from below
MHW or NWL in cubic yards .34-36.7 Cj. v/Vs ,
b. Type of material to be excavated
d. Highgrourd excavation in cubic yards CJ
2. DISPOSAL OF EXCAVATED
MATERIAL
o E,/-F1E- spariz 'W 1n ArKg4- 171
a. Location of disposal area
C'???!'/iivy S CE C)d ?f?e a
b. Dimensions of disposal area
S?c? xa?v
c. Do you claim title to d 5posal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? ?Ves No
--
FEB 0 41997
DIVISION OF
COASTAL MA14AGEMENT
Average Had
E3dsdn Project i - -
Width ' Depth Depth C. -Does the area to be excavated include coastal
: `••." ? : ,:
wetlands (marsh), submerged aquatic vegetation
?1 Lul /???( (SAVs) or other wetlands? Yes No
Revised 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other; wetlands?
Yes ?No
f. Does the disposal include any area in the water?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type ofshoreline stabilization
Bulkhead Riprap
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or othe etlands?
Yes No
If yes,
_ (1) Dimensions of fill area
D ?VIg Purpose of fill
b. Length y .
c. Average distance waterward of MHW ?UL
p Pt
d. Maximum distan4e waterward of MHW-or )lW'L
e. Shoreline e?, si in 6ring preceding 12 months'
(Source of inforMIoOiprap j
f. Type of bulkh material WG?2?L- J
g. Amount of fill it jC-U ?c yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material S_ A1V1:1>
- •5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Agzia - ?«a
Q• _ S/LJ? ?LNCC Lu/I?_?,C
,0s,1.sfA1/1'y
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr3ssed in traTpo tng equipment •
to project site? Yes No
If yes, explain steps that will. be taken to lessen
environmental impacts.
L Source of fill material 1
/ /4C c J,l, vim
FFR 0 41997 K??{i?s ??2 -?Jo3
4. OTHER FILL ACTIVITIES DIVISION of
(Excluding Shoreline Stabilization)OASTAL MANAGEME plicant of Pro e"ame
,9natum
a. Will fill materit??/ rought to site?
Yes No Date
Revised 03/95
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s) ?
(1) _, Commercial -Community _ Private
(2) Number
(3) Length .10 r O`
(4) Width G 6
(5) Finger Piers Yes ::? No
(i) Number
(ii) Length "
(iii) Width
(6) Platform(s) T Y,-s No
(i) Number
(ii) Length
(iii) Width ?.
(7) Number of slips proposed 3
(8) Proximity of structure to adjacent riparian
property lines Z/D
(9) Width of water body 60')e6n &4.s/n(
(10) Water depth at waterward end of pier at
MLW or NWL -31
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheeTile, etc.)
'
(1) Length 10
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
9t
l
-
et
an
1

e. Mooring buoys

(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance ' buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings etc.)
(1) _ Commercial Community Private
(2) Number I)) 1-??Ca moon I'' WL9 s
(3) Length 1 o'
(4) Width to
g. Other (Give complete description)
.Toe iVt f{tug e- r?-
Applicant or Project Name
signature
7-to-96
Date
FEB 0 4 1997
DIVISION OF
COASTAL MA14AGEMENT
Revised 03/95
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DIVISION OF
COASTAL MA14AGEMENT

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 19, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199704473
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27687
Dear Mr. Dorney:
A
s
Enclosed is the application of and Mrs. Joseph Kittinger for Department
of the Army authorization and a State Water Quality Certification to perform
maintenance excavation of approximately 14,940 square feet (approximately
2,367 cubic yards) of shallow bottom and 20 square feet of Spartina
alterniflora marsh, construct a breakwater system, and construct a pier and
floating dock, adjacent to the Intracoastal Water near the mouth of Bradley
Creek,at 30 Bradley Creek Point Road in Wilmington, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by May 13, 1997, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
Manag r
?:Lolm3intgton y H. R c ter
Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
To: John Dorney
Environmental Sciences Branch
DIVISION OF WATER QUALITY
LAMA MAJOR PERMIT APPLICATION RF,ViFW
REGiONAi. 0MCF. STAFF REPORT AND RECOMMENDATIONS -0
REVIEWER: GREGSO
ACTING WQ SUPERVISOR: SHIVER- ?s
DATE: April 1, 1997
WETLAND INFORMATION FOR CENTRAi. OFECE, TRACKING
PERMIT YR: 96 PERMIT NO.: 970125 COUNTY: New Hanover
PROJECT NAME: Joseph Kittmger
?
PROJECT TYPE: Dredging PERMIT TYPE: CAMA G
boy ®
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: March 3, 1997 ",?9<
REG OFFICE: WiR0 RIVER AND SUB BASIN#: 030624
Fl
*STREAM OR ADJACENT WATER BODY: Greenville Sound o
CLASS: SB STREAM INDEX #: 18-87-24
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: SM
WL REQUESTED: 0.0005 WL ACR EST: Yes
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to maintenance dredge an existing boat basin and
access channel. Also proposed is the construction of a breakwater, pier and floating dock.
WATER 011Ai ITY CF.RT_ (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #3112 for CAMA Permits and General Certification #3105 for
return water from upland contained disposal areas.
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WF.Ti.AND F711,
AREA OF FILL - WATER: 147 sq. ft. WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? No
DRF:?iiT
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
970125.apr
' Page Two
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.)
REC'OA MENDIED C:OiNT MOONS OR PF.RMTT RF4TRTC_TT0N4,q! That the CAMA Permit
contain the standard 401 Certification conditions for upland diked disposal areas contained in
Certification #3105.
cc: Central" Files
Wilmington Regional Office Files
DCM-Bob Stroud
John Parker
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. and Mrs. Joseph Kittenger
303 Bradley Creek Pt.
Wilmington, NC 28403
Dear Mr. and Mrs. Kittenger.
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April 10, 1997
New Hanover County
WQC 401 Project #970125
You have our approval, in accordance with the attached conditions, to conduct maintenance dredging in
14,940 square feet of waters for the purpose of maintenance dredging at your property adjacent to Greenville
Sound near Bradley Creek, as you described in your application dated 20 March 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers 3105 and
3112.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Psto-n-Ho ard, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
1VIr. John Dorney
Central Files
John Parker; DCM
970125.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
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