43400D - Topsail

Jtfir
CAIV,IA/ `__`DREDGE & FILL
;EN ERAL PERMIT Previous permit#
New Modification L IComplete Reissue CI Partial Reissue Date previous permit issued
•ized by the State of North Carolina,Department of Environment and Natural Resources
:oastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC?41,
ules attached.
t Name -77 k , p f 7l 7 S4i / EA€# Project Location: County ..4VDF/K‘
t2) -V S . 4A IS9 N . 11/ ). Street Address/State Road/Lot#(s) ~i PSA,k c(
)?SA,( '3E/ +4 State ZIP D,891/ e _ z- x-S C+A,A vw..Q
(90) 3 ••5D y Fax#( ) Subdivision ki4
ed Agent CIM4412--- City —TD?SA-0 3`014({1 ZIP
i ':CW L TA Qt.( ❑PTS Phone# 611V)3D-g-- If River Basin CAPE I
OEA ❑HHF ❑IH ❑UBA ❑N/A
Adj.Wtr. Body '1?�?5 `
❑PWS: ❑FC:
yes / n® PNA yes / Crit.Hab. yes / no Closest Maj.Wtr. Body `'✓
Project/Activity !Vv4I '04N t)(UA +J/u A -ro t (. NNd
(Scale:
ck)length
i(s) X S-e—ir Awl') P ^'S (,INsc 1 04)
ier(s)
ngth
tuber A-/1 (e N2)/7�J ti► 0 /3fl SCRC d 7f/. 19)6 5'/ '/i 4-i P/ '
d/Riprap length
distance offshore * 7 /lt utr+ ZP7' spcifol 3‘. P r1 c�✓
ix distance offshore /
ianne9 1,001 x j(Q r ' ' s A -/ /c de/14i .4u 7 /fir a rev A. C>S/a 3 is�
,ic yards /0104 * No 1.no f -rot4A-. food f :=/'( Lf/(&l}
rip
se/Boatlift
ulldozing
e Length N __
not sure yes
s: not sure yes
ium: n/a yes
Yes
kttached: yes •
ng permit may be required by: ,t/- See note on back regarding River Basin ri

Bank of America 66-19
TOWN OF TOPSAIL BEACH of North Carolina 530
820 S. ANDERSON BLVD. Holly Ridge/Surf City
TOPSAIL BEACH, NC 28445 NO. 0 2 7 9 0 7
DATE CHECK NO. CHECK AMOUNT
05/12/06 27907 $100 . 00
*PAY E ACTLY**100DOLLARS AND NO CENTS****
I
NCDENR THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY
PAY THE LOCAL GOVERNMENT BUDGET ISCAL CONTROL ACT.
TO THE
ORDER ., N .
OF AUTHORIZED SIGNATURE nr
(� i 7�
G•yn T OV AU „PiIrN JRE - -
00 2 790 70 1:0 5 3000 L 9 61: 000 60 70000 3011'
•
•

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
xi ID. SAW 2006-32098-010 County: Pender USGS Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
erty Owner/Authorized Agent: Town of Topsail Beach
820 South Anderson Boulevard
Topsail Beach,North Carolina 28445
phone No.: [phone]
and location of property(water body,road name/number,town,etc.): The site is located at the mouth of Tops
Topsail Beach. Maintenance dredge the Federal Channel 300 ft x 80 ft x 6 ft.
.ription of projects area and activity: Construct a gazebo and floating dock.
icable Law: X Section 404(Clean Water Act,33 USC 1344)
® Section 10(Rivers and Harbors Act,33 USC 403)
orization: Regional General Permit Number: GP 198200277
Nationwide Permit Number:
our work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
itions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subje
ittee to a stop work order,a restoration order and/or appropriate legal action.
its verification is valid until the NWP is modified,reissued,or revoked. All of the existing NWPs are scheduled to be mo,
led,or revoked prior to March 18,2007. It is incumbent upon you to remain informed of changes to the NWPs. We will i
c notice when the NWPs are reissued. Furthermore,if you commence or are under contract to commence this activity befr
hat the relevant nationwide permit is modified or revoked,you will have twelve(12)months from the date of the modifical
:ation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior
ation date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remair
the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The I
leer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authori
r any NWP.
etivities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification.
d contact the NC Division of Water Quality(telephone[phone])to determine Section 401 requirements.
)r activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CA
to beginning work you must contact the N.C.Division of Coastal Management in Wilmington,NC,at(910)395-3900.
its Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Ft
or local approvals/permits.
there are any questions regarding I is verification,any of the conditions of the Permit,or the Corps of Engineers regulatory
•am,please contact Henry Wicker.
Is Regulatory Official 0111 Date: 5/09/2006
ration Date of Verification: 6/. 1/2006

Determination of Jurisdiction:
ased on preliminary information,there appear to be waters of the US including wetlands within the above described project
his preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
Reference 33 CFR Part 331).
here are Navigable Waters of the United States within the above described project area subject to the permit requirements o
ection 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
ublished regulations,this determination may be relied upon for a period not to exceed five years from the date of this
otification.
here are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Seel
04 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this
etermination may be relied upon for a period not to exceed five years from the date of this notification.
he jurisdictional areas within the above described project area have been identified under a previous action. Please reference
n-isdictional determination issued . Action ID
of Jurisdictional Determination: The IN ork is going to take place in tidal waters.
Regulatory Official: WA-
5-09-2006
Furnished:

an ID Number: SAW 2006-32098-010 County: Pender
nittee: Town of Topsail Beach
Permit Issued: 5-09-2006
ect Manager: Henry Wicker
n completion of the activity authorized by this permit and any mitigation required by the permit,
this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
Post Office Box 1890
Wilmington,North Carolina 28405
se note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps e
[neers representative. If you fail to comply with this permit you are subject to permit suspension,
ification, or revocation.
•eby certify that the work authorized by the above referenced permit has been completed in
rdance with the terms and condition of the said permit, and required mitigation was completed ii
rdance with the permit conditions.
'attire of Permittee Date

4 r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200277
Name of Permittee: General Public
Effective Date: July 18, 2005
Expiration Date: December 31, 2010
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899(33 U.S.C. 403), and Section 404 of the
Clean Water Act(33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington,North Carolina 28402-1890
TO AUTHORIZE WITHIN THE STATE OF NORTH CAROLINA, THE DREDGING AND
THE DISCHARGE OF DREDGED OR FILL MATERIAL INCLUDING THE
CONSTRUCTION AND BACKFILLING OF BULKHEADS WITHIN MANMADE BASINS
AND CANALS LOCATED ENTIRELY IN UPLANDS AND TO AUTHORIZE
MAINTENANCE DREDGING OF DITCHES,BASINS, CANALS AND CHANNELS IN
OPEN WATER AREAS, WHERE ALL EXCAVATED MATERIAL IS PLACED AND
RETAINED ENTIRELY ON HIGH GROUND.
Special Conditions
a. Any excavation authorized by this general permit,new or maintenance,may involve
no more than 1,000 cubic yards of material as part of a single and complete project.

c. Bulkhead placement must not exceed an average of 5 feet nor a maximum 10 feet
waterward of the mean high water mark(MHWM) in tidal waters or the ordinary high water
mark(OHWM) or ordinary high water elevation contour in non-tidal waters.
d. This permit does not authorize the placement of bulkheads or riprap material
waterward of jurisdictional wetlands, seagrasses,or other SAV's
e. All excavated material must be placed and retained entirely on high ground landward
of the Corps of Engineers'regulatory jurisdiction and must be retained and stabilized to prevent
any material from reentering jurisdictional areas.
f. This general permit does not authorize the excavation or discharge of material which
contains toxic pollutants in toxic amounts as identified pursuant to Clean Water Act Section 307.
Prior to commencing work, the permittee must review all existing and readily available
information to ensure, to the extent practicable, that such pollutants are not present.
g. Maintenance excavation must not exceed the original dimensions as defined by the
original permit or as clearly shown or otherwise defined by existing conditions of the ditches,
basins, canals, or channels. Maintenance excavation is allowed only for facilities that are
currently serviceable.
i. The excavation depth in inland canals or basins, located entirely in high ground, is
limited to the more shallow of the depth of the connecting canals/channels or six (6) feet below
mean or ordinary low water.
j. No excavation or filling may occur during applicable moratorium times as
designated by the North Carolina Division of Coastal Management or the North Carolina
Wildlife Resources Commission for protection of fish, shellfish.
k. This general permit does not authorize excavation or filling in any area designated by
the North Carolina Division of Marine Fisheries and/or the North Carolina Wildlife Resources
Commission as primary nursery area or prime shellfish area.
1. Should all or part of a proposed development activity be located in an Area of
Environmental Concern(AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA)permit is required from the North
Carolina Division of Coastal Management before the onset of the proposed activity. Should a
Federal activity within any one of North Carolina's twenty coastal counties or which could affect
a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a
PAr1Pr91 nrtartr•v o rune;o4o.,... 4. o..L... ur.» _r 1 r,n . 1

Commission and/or the North Carolina Division of Water Quality. Work that may result in the
sedimentation of trout waters will generally be prohibited from November 1 to April 15, of any
year,to avoid impacts on trout spawning.
n. Permittees shall obtain a letter of approval from the North Carolina Wildlife
Resources Commission and furnish a copy of the letter to the Wilmington District Corps of
Engineers,prior to discharging dredged or fill material into waters of the United States, including
wetlands, in the twenty-five (25)mountain counties of North Carolina that contain trout waters.
To obtain this approval, applicants should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh,North Carolina 27611
Telephone[phone]
The counties in which this condition applies are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit,no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal etate nr lnral anthnri,7otinrt

d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include,but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally,the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal,relocation, or other alteration, of the structure or work herein authorized,or if,
in the opinion of the Secretary of the Army or his authorized representative,said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee
will be required,upon due notice from the Corps of Engineers,to remove,relocate,or alter the
structural work or obstructions caused thereby,without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will,without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit,the Federal Government does not assume any liability for the
following:

(3)Damages to persons,property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4)Design or construction deficiencies associated with the permitted work
(5)Damage claims associated with any future modification, suspension,or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5)years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1)Rivers named in Section 3 of the Wild and Scenic Rivers Act(15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2)Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity,which will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act(16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhp.org/Pages/heritagedata.html. or http://nc-es.fws.gov/es/es.html. Permittees
should notify the Corns if any listed species nr designated er;t;ral habitat,,,;ol,+t,A .er.,.+oa i,.,+t,o

within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise,on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at(910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. Except as authorized by this general permit or any USACE approved modification to
this general permit, all fill material placed in waters or wetlands shall be generated from an
upland source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials(including debris from land clearing activities), or unsightly debris
will not be used.
u. Except as authorized by this general permit or any USACE approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
/
o E. Pulli , .
/ Colonel,U.S. y
District Engi eer

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Topsail Beach
1. APPLICANT
c. Street address or secondary road number
a. Landowner: —
Name Town of Topsail Beach d. Is proposed work within city limits or p
jurisdiction? x Yes No
Address 820 S Anderson Blvd. e. Name of body of water nearest project (e.g
City Topsail Beach State N. C. creek, sound, bay) Topsail Creek
Zip 28445 Day Phone [phone]
Fax [phone] 3. DESCRIPTION AND PLANNED I
OF PROPOSED PROJECT
b. Authorized Agent:
Name Jim Carter a. List all development activities you propos
building a home, motel, marina, bulkhead, pi
excavation and/or filling activities.
Address 820 S Anderson Blvd. dredging mouth of Topsail Creek
City Topsail Beach State N. C.
Zip 28445 Day Phone [phone] b. Is the proposed activity maintenance of an t
project, new work, or both? yes
Fax [phone]
c. Will the project be for public,private or corm
use? public
c. Project name (if any) Topsail Creek
d. Give a brief description of purpose,use, met
construction and daily operations of pi
NOTE: Permit will be issued in name of landowner(s), and/or project. If more space is needed, please
additional pages. propose dredging
project name.
Rpprnximately '300 ft x 80 ft to s
7 ft at the mouth of Topsail Crec
^� , __ ______ stockpiling materials on Town nrr

Form DCM-MP-1
m. Describe existing wastewater treatment facili
4. LAND AND WATER
CHARACTERISTICS
i. Size of entire tract n. Describe location and type of discharges to
of the state. (For example, surface runoff, s;
). Size of individual lot(s) wastewater, industrial/commercial effluent,
down" and residential discharges.)
Approximate elevation of tract above MHW or
NWL
I. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply sours
Vegetation on tract
Man-made features now on tract
5. ADDITIONAL INFORMATION
What is the CAMA Land Use Plan land In addition to the completed application forn
classification of the site? (Consult the local land use plan.) following items must be submitted:
Conservation Transitional
Developed Community • A copy of the deed (with state application or
Rural Other other instrument under which the applicant clain
to the affected properties. If the applicant
. How is the tract zoned by local government? claiming to be the owner of said property,
forward a copy of the deed or other instrument
which the owner claims title, plus written perm
Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? Yes No
(Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including play,
and cross-sectional drawings)drawn to scale in
Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Re
done for the tract? Yes No Coastal Resources Commission Rule 7J.0203
If yes, by whom? detailed description.)
Is the project located in a National Registered Please note that original drawings are preferre
Historic District or does it involve a National only high quality copies will be accepted. Blu
Register listed or eligible property? prints or other larger plats are acceptable only
Yes No adequate number of quality copies are provid

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISS
TO ENTER ON LAND
▪ A Stormwater Certification, if one is necessary.
▪ A list of the names and complete addresses of the I understand that any permit issued in response t
adjacent waterfront (riparian) landowners and application will allow only the development descril
signed return receipts as proof that such owners the application. The project will be subject to cond
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the pro
on the proposed project to the Division of Coastal activity complies with the State of North Caro
Management. Upon signing this form, the applicant approved Coastal Management Program and w
further certifies that such notice has been provided. conducted in a manner consistent with such prop
Name I certify that I am authorized to grant, and do in
Address grant permission to representatives of state and fi
Phone review agencies to enter on the aforementioned Ian
connection with evaluating information related ti
Name permit application and follow-up monitoring c
Address project.
Phone
Name I further certify that the information provided 'u
Address application is truthful to the best of my knowledge
Phone
mod©�
This is the day of ,
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Nam
permittee, and issuing dates. (Jim)
Signature James E arte
Landowner or Authorized Agent
• A check for$250 made payable to the Department of Please indicate attachments pertaining to your pro
Environment, Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Informatio
application.
DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in — DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A Cfitement of rmmnlinnc'e with the N_r_ 1)41....I 11,____ _e___ ___> >___ __ _._ .

awN of
loPsyku
B E a C _` 820 S.Anderson Blvd.
t. K .Y.r Topsail Beach,North Carolina 28445
.�-.3
Telephone[phone]
Fax[phone]
The Town of Topsail Beach is in full compliance with the N. C. Environmental Act
(NCGS 113A 1 to 10)
James E. er,Town Manager Date

TOPSAIL BEACH DREDGE REQUEST
Topsail Creek Soundings
Mean low tide, April 18, 2006
Map Inset
(see Condition Survey)

•
TOPSAIL BEACH DREDGE REQUEST
Topsail Creek Soundings
Mean low tide, April 18, 2006
Map Inset A' — pg0,05,0
(see Condition Survey)
� e �
/N Fb2-7_
M M
0

aterials will be unloaded at the end of Boryk Avenue. (Point A) and transported to
's .z0, ft right of way on Spot Avenue: andi;(Point B) Drum Avenue. The materials will
piled at these locations until November 15, 2006 at which time they would.be place
each.
A
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