131-83 Minor Mod 1997 Lowe, Ed

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environtnetit Healff & Natural Resources
and
Coastalkesources Commission
for:
X Major Developmehrih an Area of Enviionmenral Concern
pursuant to NCGS 113A 118..
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Ed Lowe for Masonboro Boatyard & Marina Inc Wilmington, NC 28409
authorizing development in New Hanover County at Whiskey Creek
Permit Number
131-83
, as requested in the permince's application ciateletters dated 9/17/97 and 11/18/97,
including attached workman drawing dated received 9/17/97.
This permit issued on \\ — \ -� n , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This minor modification authorizes only the bulkheading and filling of the 18' x 75' area depicted
on the attached workplan drawing, and the construction of a repair shop on the newly filled area.
No development activities may take place outside of the 18' x 75' area shown on the workplan
drawing.
NOTE: Any future development of the permittee's property, including but not limited to the
construction of a 40' x 40' office building, may require a modification to Stormwater
Management Plan Certification No. SW8 940912, which was issued by the Division of
Water Quality on 12/20/94. Contact the Division of Water Quality at [phone] prior
to the commencement of any such activity for this determination.
sheet for Additional
This permit action may be appealed by the petmittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
Ali work must cease when the permit expires on
April 30,1999
In issuing this permit the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
og _r K. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

It
Ed Lowe
ADDITIONAL CONDITIONS
2) The bulkhead must be constructed prior to any backfilling activities.
Permit#131-83
Page 2 of 2
3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except
for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables,
etc.
5) The fill material will be clean and free of any pollutants except in trace quantities.
6) The temporary placement or double handling of excavated or fill material within waters or
vegetated wetlands is not authorized.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NOTE: This minor modification must be attached to the renewal and attachments authorized on
2/15/88, and all subsequent modifications and renewals, and all documents must be
readily available on site when a Division representative inspects the project for
compliance. All conditions and stipulations of the active permit remain in force unless
altered herein.

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DEPARTMENT OF THE ARMY
i WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
� WILMINOTON, NORTH CAROlJNA 28402-1880
IN REPLY REFER TO RECEIVED
December 22, 1997
Regulatory Division DEC 2 9 1997
Action ID No. 198300193 and State Permit No. 1-440 COASTAL MANAGEMENT
Mr. C. Edward Lowe, President
Masonboro Boat Yard,And Mafina, Inc.
609 Trails End Road'
Wilmington, North Carolina 28403
Dear Mr. Lowe:
Through coordination with the North Carolina Division of Coastal
Management, we have learned of your requested modification of your State
permit for the construction of a bulkhead and placement of backfill in an 18-
foot by 75-foot area adjacent to the marina. The Department of the Army
permit issued on October 3, 1983 authorized maintenance of marina facilities
on Whiskey Creek and the Atlantic Intracoastal Waterway, near Wilmington, New
Hanover County, North Carolina.
The permit is hereby modified to include the work as shown on the
enclosed plan. It is understood that all conditions of the original permit
remain applicable and that the expiration date is April 30, 1999.
Questions or comments may be addressed to Mr. Jeffrey Richter,
Wilmington Field Office, Regulatory Division, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Enclosure
opies Furnished (with 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
Mr. C. Robert Stroud, Jr., District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
November 19, 1997
Mr. Ed Lowe
for Masonboro Boatyard & Marina, Inc.
Wilmington, NC 28409
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State
Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it
must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the
copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
Ifyou objectto the pennit or any ofthe conditions, you may request ahearing pucsuantto NCGS 113A-121.1 or 113-229.
Yourpetition for ahearingmustbe filed in accordance withNCGS Chapter 150B withthe Office ofAdministative Hearings, P.O.
Drawer 11666, Raleigh NC 27611, [phone] withintwenty (20) days ofthis decision onyourpemut You should also be aware
that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must
be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please
read yourpermit carefully prior to starting work and review all project plans, as approved. If you are having the work done by
a contractor, it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
� Very sincerely,
John . Parker, Jr.
Major Permits Processing Coordinator
JRP.-jr/amw
Enclosure
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 5098 Recycled 1 10 h Posz-Consumer Paoer

Division of Coastal Management
Application Processing Notes
Deadline:
Date/Time: Message:
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MASONDORO-DOAT-YARD TEL:[phone]
Nov 18,97 14:33 No.002 P.01
Aik
609 'Nails End Road, Wilmington, N.C. 28409 • Phone [phone] • Fax [phone]
Mr. Doug Huggett
Division of Coastal Mangement
919-733- 1495
RE: Permit 131-83
Dear Mr. Huggett:
As per our telephone conversation today, I am temporarily
withdrawing my request to erect a 40' x 40' office building. I
will resubmit the request in the near future.
I am requesting the permit for the 18' x 75, shop building which
you have all the details for. If there are any questions please
call me. Thank you for your assistance.
Sincerely,
MASONBORO BOAT YARD .MARINA, INC.
G. E. Lowe, President
GEL/sb

MRSONBORO-BORT=YARD TEL:[phone] Nov 13.97 11:02 No.002 P.01
, r
A Ai
• MASONBORO BOAT YARD AND N:4 INA INC. •
f,o9'i),nils End Rond, Wilmington, N.C. 284.09 • Phnne [phone] • Fox [phone] .
Date:
Number of pages including this cover sheet,_ i __—
To L/ �5�........
n
COMPANY:
SPP:,CIAL INSTRUCTIONS:_._ —.--.._...._.._._ ................ _
_..__._.._ .ZZCr1Y1_16,)Q lei
If yqu do not, receive all pagl-S indiril1.('d or. I.I,(.'ro i'I ,i 1))-ohl:'111
receiving, please call us at 910-'791-1893.
FROM: -C 401'J)'

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington.Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
December 20, 1994
i
Mr. Ed Lowe
Masonboro Boat Yard & Marina
609 Trails End Road
Wilmington, North Carolina 28409
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. SW8 940912
Masonboro Boat Yard and Marina
New Hanover County
Dear Mr. Lowe:
The Wilmington Regional Office received a Sedimentation and Erosion Control Plan for
Masonboro Boat Yard and Marina 'on. September 12, 1994. Staff review of the project plans and
specifications has determined that the total built upon area is less than 1 acre and therefore the project
as proposed will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(a)(1).
The current proposed amount of impervious cover is 7,698.square feet which includes structures
constructed after January 1, 1988, and the current proposed bathrooms,
Any modification of the plans submitted to and approved by this Office or further development
of this contiguous project will require an additional Stormwater Submittal/Modification and approval prior
to initiation of construction, regardless of the fact that such modification may be less than I acre.
Modifications include but are not limited to; project name changes, transfer of ownership, redesign of
built -upon surfaces, addition of built -upon surfaces, redesign or further subdivision of the project area
as shown on the approved plan.
This Certification shall be effective from the date of issuance until rescinded and the project steal I
be constructed and maintained in accordance wills the plans and specifications subsequently ftlecl with the
Wilmington Regional Office. This Certification does not supersede any other permit or approval. The
developer is responsible for obtaining any and all permits and approvals necessary for the development
of thin pnjleot: ThiR emild include, the T)MpioII (1f ('nRNlal MonNL!rnimil midpr ('AT4A rrgnirrRlwllc, Iho
Division of Envirrcro nmenlal Managonlow under Welland 401 Walor Uualily C.orlii'icaliun, and/or u I )mrll,c
fund Fill Permit, and/or a Sewor l3xlon81on/Collection Perntil, U.S. Army Corps al' Lnginux;v 404
Wetland Permit, County or Town Agency permits under their focal ordinances, or others flirt may be
requir d.

requiml.
127 Cordlml Drive Extension, Wilmington, N.C. 28405-3845 a Telephone [phone] a Pax 910-350.2004
M Equal Opportunity Afrirtnstive Action Employer

11ASONBORO-BOAT-YRRD TEL:[phone] Nov 13,97 11:02 No.002 P.02
Mr. Lowe
December 20, 1994
Stormwater Project No. SW8 940912
3900.
If you have any questions concerning this matter, please call Ms. Linda Lewis or me at (910) 395-
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIFIC\940912.DEC
cc: Phil Tripp, P.B.
Sky Conklin, New Hanover County Inspections
Beth Easley, New Hanover County
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files

MRSONBORO-BORT-YARD TEL:[phone] Nov 13,97 11:04 No.002 P.03
n&x ,9.
DIVISION OF ENVIRONMENTAL MANAGEMENT
DCNSITY X
PROJECT DATA
Project Name Masmboro Boat Yard & Marina, Inc. _
Location (County, Township/Municipality, Address, State Road)_
609 Trails End Road, New Hanover County
Owner's Name Ed Lcwe
MailingAddress 609 Trails End Road -.
W1 gt.on, NC 28409
Phone Number 791-1893 Submittal Date_ 10-25-94 _
Brief Description (include map and appropriate drawings)
Name of Water Body Receiving Stormwater Runoff Vdiiskey Creek __.
Classification of Water Body SA If SA waters, engineered system, and distance is <0.5
miles, attach report of chloride sampling results _mg/l
State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major Sedimentation/Erosion Control _
404 Permit DEM/DHS Sewage Disposal
Other (Specify) —
CALCULATION OF BUILT UPON AREA
Built upon area means that portion of a development that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. if the project
includes areas draining to different water classifications, please note them separately below.
Classifm lon
Built upon area
Total Project Area
% Built upon Area
Allowable B/U Area
Subwatershed
SA
7,698 SF
125,925 SF
6,18
31,481 SF
Subwatershed
Is the Project B/U Area 5 the Allowable B/U Area? Yes _ Of no, an engineered
% Built upon area = (built upon area / total project area) » 100
Built upon area limits for projects to meet density; SA waters --- 25%, Other ---30%
ETORMWATHR COLLECTION SYSTBM
Describe how the runoff will be treated _Surface & shoat 1'](a.,+
is required.)
Office use only
OF.0 1 9 1994
D.E M

PRO]
............ 7
DUFFER AREA
Is the built upon area at least 30 feet from mean high water of all surface waters? No If no, please:
provide a description As this is a marina and boat y2nd there are a boat rang,
boat dry stack and walkways within 30
(Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed
within 30 feet of the mean high water line if the project is intended to meet stormwater control
requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to -- _ square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot he
changed or deleted without consent of the State,
CERTIFICATION
✓ I, l9 eoNcx C, Gcertify that the information included on this
submittal form is correct, that the project will be constructed in conformance with this information, and
that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC.
2H,1003 (b). I authorize the below named person or firm to s it stormwater plans on my behalf, and
agree to abide by the deed restriction statement above,
Cl-
Owner's Signature Date
Provide authorized person or firm name and address below;
Phillip G. Tripp, P.E. !.
Andrew & Kuske Consulting Engineers, :Inc.
202 North Fifth Avenue
Wilmington, NC 28401
Notary Public for the ta�teof�%R�"
County of �fvn � , do hereby certify that --t L00 we personally
appeared before me this I C(_ day of (Wt w. 0o 2. 19 nd acknowledges the due execution
of t,� foregoing instrument. Ffitness my hand arid official seal,
My commission expiresL7 7_
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Regional Office
?O f./l✓C� ca �. ____. - �, .. fr.L.:._1'.�L'.C.i�!_ Vie,!.... ,...... . ........... .
Pate Individual Evaluatin Forms/flans

. VI MofI
,Date
isor
cc; Applicant/WiROBradley Bennea/Central Files

1.
MEMORANDUM
TO: John Parker
FROM: Bob Stroud
RECEIVED
OCT 2 9 1997
COASTAL MANAGEMENT
SUBJECT: Minor modification to permit # 131-83 (C. E. Lowe for Masonboro
Boatyard)
DATE: October 28, 1997
The subject request has been received from Mr. Lowe based on the extensive damage
caused to his facility by Hurricane Fran. Pres Pate and I visited the site during the
summer and discussed with Mr. Lowe the various alternatives available to him which
would allow the replacement of the shop building lost to the storm. During this and
previous visits I have determined that the mean high water contour is approximately
18 feet waterward of the toe of the existing bank. This area is available to be
bulkheaded. Mr. Lowe has requested to construct a bulkhead and to build a new
shop along the structure. The dimensions of the shop are proposed at 18' x 75'.
It will be two stories in height. He also proposes to build a new office building
adjacent to the shop on high ground. This structure will be approximately 40' x 40'
and will also be two stories in height.
The original shop was approximately 36' wide and extended on pilings waterward of
the mean high water contour. The new shop will extend up to the mean high water
contour on fill.
I have no objection to the proposal subject to the following additional condition:
• All roof top drainage from both buildings must be collected into gutters and
must be discharged into underground infiltration areas
If there are questions concerning the above, please advise.
cc: Charles Jones, DCM
Ernie Jahnke, COE
Ann Hines, LPO
Ed Brooks, DCM
FILE

r
609 Trails End Road, Wilmington, N.C. 28409 • Phone [phone] • Fax [phone]
September 17, 1997
SEP 1 71997 IJ
Mr. Bob Stroud
State of North Carolina
Dept. of Environmental Health
and Natural Resources
Division of Coastal Management
127 Cardinal Drive
Wilmington, N C 28405
RE: Permit 131-83
Dear Mr. Stroud:
DIVISION OF
COASTAL MA14AGEMENT
6%
I am requesting a variance on my major permit. I would like
to rebuild my large building that was destroyed by Hurricane Fran.
The original building was 36, x 751.
As you suggested, I would like to build a bulkhead 18' x 75' fill,
and pour a concrete slab prior to erecting the building. The new
building would be half the size of the old one, 18' x 751.
We would also like to build a new office building approximately
40' x 40' as shown on the attached sight plan. Thank you for
continuing to work with us.
Sincerely,
MASONBORO BOAT YA�& MARINA, INC.
` G.E. Lowe, President
GEL/sb

q
Permit Number
Permit Class
MODIFICATION/MINOR
STATE OYNORTH-CAROLINA
Department of EnvironInOnt, ealtii'& Natural Resources
and
Coastal Resources Commi'ssion
for
X Major Development -in an Area ofEnvirorunental Concern
pursuant to NCS 113A
X Excavation and/or filling pursuant to NCGS 113-229
131-83
Issued to Ld L e IOr lvlasu�wo• -
authorizing development in New Hanover County at Whiskey Creek
as requested in the permince's application date4 letters dated 9/17/97 and 11/18/97,
including attached workplan dr wing dated received 9/17/97.
This permit, issued on �\ \ —�� is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
se the permit to behull.and void.
be subject to a fine, imprisonment or civil action; or may cau
�1) This minor modification authorizes only the bulkheading and filling of the 18' x 75' area depicted
on the attached workplan drawing, and the construction of a repair shop on the newly filled area.
No development activities may take place outside of the 18' x 75, area shown on the workplan
drawing.
COTE: Any future development of the permittee's property, including but not limited to the
construction of a 40' x 40' office building, may require a modification to Stormwater
Management Plan Certification No. SW8 940912, which was issued by the Division of
Water Quality on 12/20/94. Contact the Division of Water Quality at [phone] prior
to the commencement of any such activity for this determination.
rcoo attached sheet for Additional Conditions)
This permiLaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
Anri130 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
—4 oger . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature
1

Ed Lowe Permit#131-83
Page 2 of 2
ADDITIONAL CONDITIONS
2) The bulkhead must be constructed prior to any backfilling activities.
3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except
for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables,
etc.
5) The fill material will be clean and free of any pollutants except in trace quantities.
6) The temporary placement or double handling of excavated or fill material within waters or
vegetated wetlands is not authorized.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NOTE: This minor modification must be attached to the renewal and attachments authorized on
2/15/88, and all subsequent modifications and renewals, and all documents must be
readily available on site when a Division representative inspects the project for
compliance. All conditions and stipulations of the active permit remain in force unless
altered herein.

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(WE'�T END:Ai REPAIZ SHOP) MASONBcf�o"�o TlVf7
SCA'..E 1"• SO' t3 6o9 TRAILS END 1�
50 Q --.� WILMINOIUN,
SEP 171997
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pIVISIUI� OF
COASTAL MANAGEMENT