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HomeMy WebLinkAbout161-05 Scholar, Jimmy Permit Class Permit Number NEW 161-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission tL* for X Major Development in an Area of Environmental Conce pursuant to NCGS I I 3A-118 *0 r X Excavation and/or filling pursuant to NCGS 113-2iP/ �'06� Issued to Jimmy Scholar, 5345 Highway 50,Maple Hill,NC 28454 VOL Authorizing development in Onslow —County at adj. manmade canal off Stump 9044 W. 9th Street, Surf City as requested in the permittee's application, 5/17/05 (MP-1) 5*05 (MP-2 &MP-4) including the attached woJk2lan drawings (5), 2 dated 8/28/05, 2 dated 6/3/05, & 1 dated 7/18/05 This permit, issued on November R,2005 1 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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. Char S. Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. I— Signature of Pe=rmittee ........... Fr•�_r.•acara>•rarrc-:r:oa rrn-x-raw.a:as-rrPruas•o:-rax�,:<w;.r:,�,:.::�.x..>o-,a:as:�..:�tway.,.:•,a.�raw�•o-o-t•: aca,-:-x.sa=a.;-xt•,r;.:,w�•c•;a:�asr:•.s s x-rrW ar:r:�+.o-ra,*a�rcc•xw.:ca:•xrar:� -limilly Scholar Permit#k161-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) All,Aa rial resulting from the removal of the existing pier shall be placed on an approved upland `dispo site. 4) The new pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 6) The roof of the covered platform shall not be designed for second story use. 7) No attempt shall 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. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) This permit authorizes a maximum of two boat slips. Shoreline Stabilization 12) The bulkhead shall be placed in the same alignment as the previously permitted bulkhead. 13) All material resulting from the removal of the dilapidated bulkhead shall be placed on an approved upland disposal site. 14) The bulkhead shall be constructed prior to any backfilling activities. 15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 16) The bulkhead shall 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. This permit does not authorize any excavation waterward of the approved alignment. }.;.:.C^:-C.ii-}+r^.4M1?4r'y:•:fi•:..:•::4•}S:+AMa.v,i-N:.{.....;;.;..r}.t:.:yY;40.siC•h?C•:h.-:^»C•Y<•s,'.rr:�;0.,•M.e,r:•:•:-}.'^:�A?4)•i'•:;s,:..}: .}ti,.:•Srr44{^X.}hK•1-0^}:hC4+r:-My{i•Yr:..;✓,.M.{.{•vM.•Y:}i6ti-' •M.ii-0•:T:Kr4.:-08:•YY Y 3�immy Scholar Permi. Page ADDITIONAL, CONDITIONS 4 ire 17) The backfill material shall be clean and free of any pollutants except in trace quantities. h� <00 as 18) No backfill material shall be placed within 30 feet of the normal high water line, except that whicll� l be used to backfill the area behind the permitted bulkhead, without permit modification. Sedimentation and Erosion Control 19) A silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 20) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 21) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to 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 or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 22) The West Indian Manatee (Trichecus manatus), which is listed as a federally endangered species, has been reported in North Carolina waters. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which may Be Used by the West Indian Manatee in North Carolina" shall be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 051415), which was issued on 7/29/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200501034. NCDEN North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary November 9,2005 Jimmy Scholar I' 5345 NC Hwy 50 Maple Hill,N.C.28454 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. Please sign both the original (buff- colored form) and the copy. 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.Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. 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 your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is 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. Sincerely, A7& V, t Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, N.C. 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jimmy G. Scholar 2. LOCATION OF PROJECT SITE: The property is located at 9044 West 91h Street off NC Hwy 210 North, adjacent to a man-made Canal that is a tributary to Stump Sound, in Surf City, Onslow County. Photo Index-2000: 25-332; 4,5(M) 1998: 14-313; 2,3(J) 1995: 28-366; 6,7(0) State Plane Coordinates-X: 2,447,906 Y: 257,887 GPS File: P070715A 3. INVESTIGATION TYPE: CAMA/DREDGE&FILL 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 07/07/05 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received—Complete on 07/18/05 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Surf City Classification From LUP-Developed (B) AEC(s)Involved: ES, EW, PT, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—Septic Planned -None y (F) Type of Structures: Existing —Single Family Dwelling"' Planned—Installation of in7 ear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water(NHW)and a 6' x 4' pier with a 16' x 16' Gazebo. (G) Estimated Annual Rate of Erosion: <i ft./yr. Source—Personal Observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (Spartina alterniflora) 22 ft.2 (B)Non-Vegetated Wetlands-open water 220 ft.2 280 ft.2 Incorporated (C)Other(Highground) 1,300 ft.2 Disturbed (D) Total Area Disturbed: 1822 ft.2 (E) Primary Nursery Area:NO (F) Water Classification: SA Open:NO 8. PROJECT SUMMARY: Applicant is proposing to install.�linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water(NHW)and a 6' x•9' pier with a 16' x 16' Gazebo. 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Jimmy Scholar Page Two 9. PROJECT DESCRIPTION: The project site is located at 9044 West 9th Street off NC Hwy 210 North, adjacent to a man-made Canal that is a tributary to Stump Sound, in Surf City, Onslow County. To get to the property from the Surf City Swing Bridge take a left on NC Hwy 21 ON then take a left on 9`h Street, 9th Street will be on the left shortly after you cross the Pender/Onslow County Line. In the area of Surf City known locally as Old Settler's Beach. The canal is the northern most canal in a series of seven canals in Surf City and is approximately 95' across at this location. According to the permit application this lot is 50' x 100' or 5,000s£2. There is currently a single-family dwelling located on the lot. The only vegetation on the lot is lawn grass. This lot is located on a man-made canal and most of the lots on this canal are bulkheaded. There is an old pier approximately 6' x 12' with a 6' x 12' T- head, an existing 12' wide boat ramp and the remnants of an old dilapidated bulkhead that is approximately 4' waterward of NHW on the site. The lot has experienced some erosion. There is approximately 22 ft.2 of regularly flooded Smooth Cordgrass marsh(Spartina alterniflora) that has voluntarily established itself behind the remains of the old bulkhead. The Surf City Land Use Plan classifies the upland areas of this project as developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has not designated this area of Stump Sound as a Primary Nursery Area, and the waters adjacent to the proposed project are closed to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to install $5 linear feet of vinyl bulkhead approximately 4 feet waterwad of NHW along the northern side of the property. The applicant is proposing approximately 10 cubic yards of fill behind the proposed bulkhead. The fill would consist of sand. The applicant is also proposing to install a 6' x 4' pier with a 14' x 14' Gazebo with 1' overhang. The water depth at the end of the proposed pier would be—4' MLW. The pier would terminate in the canal approximately 20' waterward of the proposed bulkhead. The canal at this location is approximately 95' wide. 10. ANTICIPATED IMPA The proposed pier and gazl o would incorporate approximately 280 ft.2 of Estuarine Waters and Public Trust Area. The installation of Xlinear feet of bulkhead and the associated tiebacks would result in the disturbance of approximately 1,300 ft.2 of high ground area. The bulkhead would incorporate approximately 220 ft.2 of shallow bottom converting it to high ground. The fill behind the bulkhead would convert approximately 22 ft.2 of ,regularly flooded Smooth Cordgrass marsh(Spartina alterniflora) into highground. Submitted by: J. W. Giles Date: July 18, 2005 Office: Wilmington 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 91 0-796-721 5 1 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Recommendations for State Permit—Jimmy Scholar In the event this permit is approved,this office would recommend that permit for the proposed development should include the following conditions: 1. In.order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. A silt fence or berm must be installed and inspected by Division of Coastal Management personnel prior to commencing any dredging work. 2. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 3. The permitee must install and maintain,at his expense,any signal lights and signals prescribed by the US Coast Guard through regulations or otherwise,on authorized activities. 4. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 5. The alignment of the proposed bulkhead and placement of rip-rap must be staked by a representative of the Division of Coastal Management(DCM)within a maximum of thirty(30)days prior to the start of construction. Failure to initiate construction within thirty(30)days, or erosion of the shoreline by adverse weather conditions will require the alignment to be re-staked by DCM within a maximum of thirty(30) days prior to the new expected start of construction. 6. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas,until such time as the area has been properly stabilized with a vegetative cover. 7. The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty(30)working days of project completion. 8. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at(910) 395-3900 prior to commencement of any such activity for this determination. 9.1 The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 10. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Form DCM-M -1 APPLICATION (To be completed by all applicants) b. City tow co unity or landmark 1. APPLICANT - c. Street address or secondary ro ber a. Landowner: d. Is proposed work ithin city limits or planning Name jurisdiction? V Yes No Address A,,-)-T� e. Name of body of water;near rojec (e. . river, / creek, sound, bay) ( C�► L'I City e ! State l)/ Zip Day Phone 2�a 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel,marina, bulkhead,pier,and D Z racavatio /or Ali g activities. Address ttUU �( 2 City State Zip d� Day Phone (12 321 Fi5 b. Is the proposed activity maintenance of an existing project, new work, or both? Stgx Fax c. Will the project be f r blic,private or commercial use? p t J A�Tu c. Project name (if any) C d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOT: Perndt will be issawd to nave al r(s),a.dlor project. If more s ace ' ne ded, please attach addition pares- t Pwied nowt. 2. LOCATION OF PROPOSED PROJECT a. County 0 rTS (O W Revised 03/95 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tractZOk l c7 n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) Y 1 n O wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL Foc d. Soil type(s) and texture s) of tract o. Describe existing drinking water supply source. �5iq j o 1 e. Vep„etation on tact S►-,-A 11 ?-c 'r S f. Man-�ade n features now o tract f - $, ADDITIONAL INFORMATION Iv�►1 K h 4 g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Con.«1t the local land use plan.) following items must be submitted: ��onservation Transitional • A copy of the deed (with state application only) or J Developed Community Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then o-,i o 0 ` forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? ✓ Yes No (Attach Zoning compliance cerT;flcate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes ✓ No Coastal Resources Commission Rule 7J.0203 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 does it involve a National only high quality copies will be accepted. Blue-line Register listed or igible property? prints or other larger plats are acceptable only if an l Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes _ No Engineers regarding that agency's use of larger Coastal (marsh) _N, Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? A10 requirements and it must be sufficiently detailed to (Anal, docunwntation ;f available) guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION 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 to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy or the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name f/9m�"S 'Ceti C I certify that I am authorized to grant, and do in fact, y e y , Address 3 .t 1 w 2ce�lutc w �]�C / •�u � grant permission to representatives of state and federal Phone (o 4 -) e - 3 /5 3 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name �L L L </_0 ' y permit application and follow-up monitoring of the Address zfl S/ project. Phone 37 4 7 I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the/Z day of�, 190-5- A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name YA permittee, and issuing dates. Signature �— r or AArhorized Agent • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Enviroment, Health, and Natural Resources project. n (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fi11 Information 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 statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. Revised 03195 OCT-07-2005 14:22 From: To:-1 Form DCM-MP-2 EXCAVATION AND FILL., (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Farm DCM-MP-1. Be sure to complete all1. EXCAVATION other sections of the Joint Application that relate to this MO proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NW`L In cubic yards fill activities, All values to be given in reef. b. Typo of material to be excavated Art W Float Es`ft PN'" c, Does the area to be excavated include coastal ttWb Width Dept spat wetlands (marsh), submerged aquatic vegetation Access (SAVs)or other wetlands? —Yea No channel (MLW)or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area Boat ramp b. Dimensions of disposal area Rock groin c. Do you claim title to disposal area? Yeas No Rock if no, attach a letter granting permission from the breakwater owner. Other d. Will a disposal area be available for future maintenance? Yes ,No (Excluding If yes, where? ohomUro dabilixalion) RevGrd 03195 OCT-07-2005 14:22 From: To:-4 P.4/4 Form DCM-MP-2 e, Does the disposal area Include any coastal wetlands If yes, (marsh), SAVs ur ther wetlands? (1) Amount of material to be placed In the yes No water (2) Dimensions of fill aces f. Does the disposal incl a any area in the water! Yes No (3) Purpose of fill �•••� b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (mars , SAVs or other wetlands? Yes No If yea, b a, Type of ore stabilization (1) Dlmemlons of fill U98 Bulkhead .^_Rlprap r + � 5(2) Purpose of fi du ll ±��sc�'v b, Length 55 e r_� c, Average distance waterward f MWW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a, How will excavated or fill material be kept on site e, Shoreline erosion durf g preceding 12 months and erosion controllod? s� . -- (Source of Irvormndon) f. Type of bulkhead or riprap material b, What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill In cubic yards to be placed below dredge)? water level (1) Riprap ZC — -- (2) Bulkhead backfill I'f c. Will wetlands be crassed in tracts ag equipment h. Type of fill material to project site? _,�,,..Yes Na if yes, explain steps that will be taken to lessen environmental Impacts. i. Source of fill material ,..�..� - A. OTHER FILL ACTIVITYES AP W or Pmo190 (Excluding Shoreline Stabilization) A. Will fi material be brought to site? ,5 1�- O Yes No DW Revued 03195 OCT-07-2005 14:22 From: To:4 P.2/4 Form DCM-MP-a STRUCTURES (Construction within public Trust Areas) Attach this form to joint Application for LAMA Major Rerinit, Form ACM-MP-l. Be sure to complete all e. Mooring buoys other sections of the Joint Application which relate to (1) --CommercialCommunity private this proposed proje-, (2) Number (3) Description of buoy a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc,) (1) , Commercial Community Private f (2) Number (3) Length (4) Width (4) Width of water body (5) Finger piers Yes _ No (5) Distance buoy(s) to be placed beyond (i) Number~ shoreline (ii) Length Gil) Width f Mooring structure (boadift, mooring pilings, etc,) (b) Platform(s) Yes No (1) , Commercial .._Community Private 01 Number (2) Number (ii) Lengitt _ !y (3) Length (iii) Width (4) Width (7) Numhez of slips proposed (a) Proximity of strurntre to adjacent ri arian g. Oth prra►J property lines 15 p (9) Width of wane; body �Imdof , (10) Water depth at water N,fLW or NWL b. Boathouse (including covered lift) (1) ��, Commercial ✓ private (2) Length 1 e. (3) Wide c or pmlect Names C. Groin (e.g_ woad, sheetpile, etc,) -- (1) Number _ 5 —13 c d. Breakwater (e.g. wood, sb=tpae, etc.) Due (I) Lcagth CZ) Average di=nce from�MH'W, NWL or wetlands (3) Maximum distance beyond MHW, NWT, or wetlands Revised 0195 HOLNAM HOLLY HILL, SOUTH CAROLINA 29059 South Atlantic Region 800-923-6368 AC 803-496-5027 919-878-7297 S.C. Toll Free: 1-800-922-7001 Santee Region 800-845-1120 Out of State Toll Free: 1-800-845-7051 803-736-0702 RECEIVED DCM WILMINGTON, NC SEP 0 1 2005 M'Or6hp-ad tile' UGM C, C ao J �m2 S �j�t C�t�✓ orb � - ik{e, qt)q 4 _ .------ C E IV E D IG-TON,_NC - _ JUL T S-2005 - - - - . - - --- ------ - f �- rti -c`t; -�'� ----- --- 5 RECEIVED DCM WILMINGTON, NC J C JUL 1 R 2005 A O-A - L fn L--v/ Cey.1e r Lw CUCCo � fictiNc-en a, 1. Sfi� 4 Sw4 c , OCT-12-2005 13:25 From: To:4 P.2/2 ! 4 pw I ! I P a z c ir4 cw 1_auu-h btu _well rn _. i ( I f I i I i I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING '`ORD ' ,i 1) APPLICANT: Jimmy G. Scholar County: Onslow JUL 22005 LOCATION OF PROJECT: 9044 West 91h Street off NC Hwy 210 No �. C CM DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07/18/0 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No JUL �� 6 20q,5 CONSISTENCY DETERMINATION: Attached:No To Be ForwardedAWehead FIELD REPRESENTATIVE: Jon Giles DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH:071,?,51c6 FEE REC'D:$,Z5rO.DO PUBLIC NOTICE REC'D: DZ�M/05 END OF NOTICE DATE: 0&Qbz1a5 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 1-b aif // ON: C) 75 DAY DEADLINE: 1b/p qs 150 DAY DEADLINE: .MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: 30-05 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RN RETUED YES NO Coastal Management-Regional Representative 7•�6'bS Coastal Management-LUP Consistency r1 Division of Community Assistance /'fib"OS Land Quality Section � Division of Water Quality 8-3-05 9-')C- 3qq o Storm Water Management(DWQ) State Property Office OS Division of Archives&History nn8'Q'oS Division of Environmental Health D'tI-OS ✓ Division of Highways Wildlife Resources Commission $'y'e) Division.of Water Resources Division of Marine Fisheries 05 Submerged Lands(DMF) Permit# S DCM Coordinator: IkoweAk MAILING DISTRIBUTION: Permitee: 'MM,K lG0.r Agent: DCM Field Offices: Elizabe-th-Gikx Morehead Ci Washiri ton i mington US Army o o Engineers(USACE):. Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland. Wilmington: iD CD -AiryWicker ' Others: : Cultural Resources: i - Environmental Health: ce Marine Fisheries: NCDOT: Shellfish Sanitation: I/State Property Office: Water Quality: i aroly(for non-DOThn Hennessy Water Resources: John Sutherland Wildlife Resources: Maria Tripp / David Cox(NCDOT) �/►�� } Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Pennitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) - Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO December 1 2005 Y Regulatory Division DEC Action ID No. 200501034 and State Permit No. 161-05 Morehead City DC[V1 Jimmy Scholar 5345 Highway 50 Maple Hill, North Carolina 28454 Dear Mr. Scholar: Reference your application for a Department of the Army permit to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water and a 6' x 14' pier with a 16' x 16' gazebo located at 9044 West 9th Street, adjacent to a manmade canal that is a tributary to Stump Sound, surf City, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished without enclosure: Ms. Cyndi Karoly Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section- Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal anagement North Carolina Department of Environment Mr. Jim Gregson,District Manager and Natural Resources Wilmington Regional Office 400 Commerce Avenue North Carolina Department of Environment Morehead City,North Carolina 28557 and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 4 , NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 5, 2005 Mr. Jimmy Scholar 5345 NC Hwy 50 Maple Hill,NC 28454 Dear Mr. Scholar: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to install 65 linear feet of vinyl bulkhead approximately 4' waterward of Normal High Water (NHW) and a 6' x 14' pier with a 16' x 16' gazebo in Onslow County adjacent to a manmade canal that is a tributary to Stump Sound at 9044 W. 9th Street, Surf City, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make December 15, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, V. 1iA Doug uggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Wilmington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 13, 2005 Regulatory Division Action ID No. 200501034 2005 vity E)CM Mr. Doug Huggett ` Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Jimmy G. Scholar for a Department of the Army permit to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water and a 6' x 14' pier with a 16' x 16' gazebo located at 9044 West 9th Street, adjacent to a manmade canal that is a tributary to Stump Sound, Surf City, Onslow County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. 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 U.S. Army 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, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. 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. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity 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 reason other than safety. 7. 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. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 2 12. 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). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. 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 water or wetland to its pre-project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 16. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 17. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species,has been reported in the waters in Carteret County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, W'L, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure 3 Copies Furnished(without enclosure): Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Wesley Crum, Chief Coastal Section 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 8, 2005 Jimmy G. Scholar 5345 NC Hwy 50 Maple Hill, North Carolina 28454 Subject: EXEMPTION Stormwater Project No. SW8050726 Jimmy G. Scholar Project Dear Mr. Scholar: Onslow County The Division of Coastal Management through a cooperative agreement with the Division of Water Quality has reviewed your CAMA major permit application to determine if a stormwater management permit would be required from the Division of Water Quality. The review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy ofthis letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater dischar e from projects meeting these criteria. The stormwater rules require the Division of Water 6uality to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only. Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at (910) 796-7404. Sincerely, am s Gre son THIS IS HOT ist ict Manager JG/bar: CAMA PERMIT A cc: Mike Morris, County Inspections Doug Huggett, DCM Charles Jones DWQ DWQ Central Files 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 91 0-796-721 5 1 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division f Action ID. 06S D Z' Applicant: 'wti &ILO(Q,' vApa- ,9,( Waterway: County: Type Work: �<�Inzsz `` Mr. Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J. Mikulak,Chief Without enclosures Wetlands Section—IV Water Management Division Mr.Doug Huggett U.S. Environmental Protection Agency Division of Coastal Management 61 Forsyth Street,SW NC Dept of Environment and Atlanta,Georgia 30303 Natural Resources 400 Commerce Avenue Mr. Pete Benjamin, Field Supervisor Morehead City, North Carolina 28557 Fish and Wildlife Enhancement U.S.Fish and Wildlife Enhancement t�►.� Post Office Box 33726 J Regional Office Raleigh,North Carolina 27636-3726 Division of 66astal Management NC Department of Environment,Health Commanding Officer and Natura Resou •ces United States Coast Guard ) Marine Safety Office WC, arO� 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr. David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is en sed. Your comments and/or recommendations would be appreciated on or before - 0 '—bS Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely, kHenryyicker, Project Manager Wilmington Regulatory Field Office Enclosure 1 �0F WATF90 Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary co 7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 29, 2005 J !�5�i'olar 5345 NC Hwy 50 Maple Hill,NC 28454 Subject: 401 Water Quality GC#3490 9044 West 9"'Street DWQ Project#05 1415 Onslow County Dear Mr. Scholar: The Wilmington Regional Office received your copy of the CAMA Major Permit Application for filling in 22 square feet of Coastal Marsh and 220 square feet of open water to install a vinyl bulkhead approximately 4 feet waterward of Normal High Water at 9044 West 9`r' Street, in Surf City, Onslow County. After the Division of Coastal Management issues you a permit,you are authorized to proceed under General Water Quality Certification# 3490(attached). Written concurrence from DWQ is not required provided that you can meet all of the conditions of this certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any unpermitted impacts to wetlands or water quality,you must contact this office immediately. If you have any questions concerning this matter,please do not hesitate to call me at(910)-796-7215. Sincerely, qtD oanne Steenhuis Environmental Specialist III cc: Darrell Emy—Lighthouse Marine Const. Cyndi Karoly,Wetlands Unit Henry Wicker,US Army Corps of Engineers Jon Giles—CAMA Wilmington Doug Huggett—CAMA Morehead W iRO THIS IS Im T . A C PERMIT North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Service1-877-623-6748 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us NO11j1Cai011lla An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ofthC room V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 K:3 MEMORANDUM:TO: Fritz Rohde Division of Marine Fisheries FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 9tt' Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: is agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /0 S_ 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR k 0 9 2005 North Carolina Department of Environment and Natural Resources Division of Coastal Management —act city DCM Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary 17% July 20, 2005 MEMORANDUM: - JUL P 5 2005 TO: Renee Gledhill-Early ?,.rAT1v"�OFFICE NC Dept. of Cultural Resources Archives &History 1662 FROM: Doug Huggett, Major Permits Coordinator 0AX LQ SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 9"' Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. XThis agency has no comment on the proposed project. AECENt:, This agency approves of the project only if the recommended changes are JUL 2 € 7005 incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE o'l o OS 127 Cardinal Drive Ext., Wilmingto , orth Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper JUL 2 5 2005 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 AUG 1020 MEMORANDUM: SHULMM UWATION JUL 2 TO: Patty Fowler 005 NCDENR-Division of Environmental Health SHELLFISH SANiTgrrn Shellfish Sanitation Section y FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 91h Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. rC This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED .^Tii DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 MEMORANDUM: TO: Steve Everhart NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 9tt' Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 114 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A 0 . � /A RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 MEMORANDUM: TO: LPO Onslow Co. Steve Padgett m9r6rildiAd CRY U C0M FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Ji mmi I CA Project Location: 9044 West 9t" Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at(910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �~�5�, dT 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Jul 22 05 01 : 47p Preferred Customer 910-437-2535 p. 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management hlichaei F.Easley; Governor Charles S.Jones, Director William G. Ross Jr., Secretary July 20, 2005 MEMORANDUM: -- �. TO: Jason Epley JUL, 2 8 2005 Division of Community Assistance Mor,ihaaa Ci FROM, Doug Huggett,Major Permits Coordinator ty OCA4 SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 9t"Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'xl4' pier with a 16'xl6' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project,please contact Jon Giles at(910) 796-7289,when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no conunent on the proposed project. This agency approves of the project only 'if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED I —f DATE ��-z 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: wym,nccoastatma nag ement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled l 10%Pcst Consumer Paper All r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 MEMORANDUM: TO: Dan Sams j For James Simons ; ;L 2 S t U U Division of Land Resources FROM: Doug Huggett, Major Permits Coordinator Morehead City UCM SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 9`" Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. ,Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at(910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED — DATE J yLY Z I , Zoos 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper - NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 _ MEMORANDUM: ► 4 �a� ���y ✓� � �UL 2 5 2CG5 � TO: Joe Henderson NC Dept. of Administration State Property Office I FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Jimmy G. Scholar Project Location: 9044 West 9"' Street off NC Hwy 210 North, Surf City, Onslow Co. Proposed Project: The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water (NHW) and a 6'x14' pier with a 16'x16' gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7289, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED "27Cardinal �.�ATErive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Wiliam G. Ross Jr., Secretary July 20, 2005 FAX: 910-353-0935 2 Pages - Jacksonville Daily News Legal Advertisement Section Post Office Box 196 Jacksonville, North Carolina 28540 Re: Public Notice - Jimmy G. Scholar Dear Sir: Please publish the attached Notice in the Friday, July 22, 2005 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, CZ� Beverly 'ven�a Coastal anag ent Secretary Enclosure cc: Doug Huggett Ted Tyndall File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on July 18, 2005. According to said application, Jimmy G. Scholar, proposes to install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water(NHW) and a 6'x14' pier with a 16'xl6' gazebo, at 9044 West 9`' Street off NC Hwy 210 North, adjacent to a man-made canal that is a tributary to Stump Sound, in Surf City, Onslow County. A copy of the entire application may be examined or copied at the office of Jon Giles at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 12, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification 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 written request. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director William G. Ross Jr., Secretary July 18, 2005 Jimmy Scholar Attn: Darrell Erny,Authorized Agent P.O.Box 2532 — Surf City,N.C.28445 Dear Mr. Scholar: The Division of Coastal Management hereby acknowledges that on July 18,2005,we received your completed application for State approval for the development of property located at 9044 West 9`h Street off NC Hwy 210 North,adjacent to a man-made Canal that is a tributary to Stump Sound, in Surf City,Onslow County. The projected deadline for making a decision on your permit application is October 1,2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances,this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 18, 2005,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer,and project designer/consultant. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. Si erely, 6v.-. C.J Jon W. Giles Jr. Field Representative cc: Jim Gregson,DCM District Manager Doug Huggett,DCM Ted Tyndall,DCM Henry Wicker,COE Steve Padgett, Surf City,LPO 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper An RL r1411 kT 4 AMA RMIT A PLI F R P JECT: � - COMM ENTS ACCEPTED THROUGH FOR M E DETAILS CONTACT APPLICANT: / THE LOCAL PERMIT OFFICER BELOW: i ��� a. t 0 .Surf C: ` �' r- gilo- 3a!) - I/Pfk 7004 1160 0006 5200 3049 m9 m 7004 1160 0006 5200 3018 '�' pm� d m o`mo 070 Q1 o v�f m my m a g m �m� o cm ml ' O�' m mfA 9 m xa� m 3a 3 y: H� mm m m� • m� ��� m m me N p m -.m = m = m xa y 3m a 3� m m m m m m A t0 _ A'V" ;v m ��+ m c� C G y am am CD m - - y^ m ip-1 mT T OMW .. am aID ID m m m `/1 J 1� i_l� •1 6s5L 31. �' OOP �\�� �- ;� ,y ,� Y' • cdwLttt MIS stctION ■ Complete items 1,2,and 3.Also complete A. Sig r item 4 if Restricted Delivery is desired. ! ❑RjJnt < ■ Print your name and address on the reverse X� /� aec. ❑AddressWI so that we can return the card to you. B. Received by(Printed Name) 'p wof b iv ■ Attach this card to the back of the mailpiece, ;`(;I I`) or on the front if space permits. D. Is delivery address different from Item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No C'C V� � .I ) V 3. Service Type ❑Certified Mail ❑Express Mail 16 1 141 Vti d e1l 0 0 ❑ Registered ❑Return Receipt for Merchandise All* ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7004 1160 0006 5200 3 018 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON bELIVNIV ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Agent■ Print your name and address on the reverse X '~--—1"'" 0 Agent so that we can return the card to you. B. a eived (Printed Name) C. Da a of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 7 es / 1. Article Addressed to: If YES,enter delivery address below: ❑No ✓C �n L Ll 1I C': rr- C � �^ r1 3. Service Type <<y ❑Certified Mail ❑ Express Mail U ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label 7004 1160 0006 5200 3049 PS Form 3811,February 2UU4 Domestic Return Receipt 102595-02-M-1540