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173-03 Emrich, John
Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resourc ,, and `. Coastal Resources Commissi n J"\\ lam 'i'`� a rDEC 2 9 2003 ermit 1,f( r n ^�rBVr�� for ��°��� "�_✓' "5"Y `L"r J`` X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to John Emrich, 15 Club View Court, Greensboro,NC 27410 Authorizing development in New Hanover County at AIWW, 841 Inlet View Drive,Wilmington as requested in the permittee's application dated 9/10/03, including attached workplan drawings (2), dated 9/19/03 This permit, issued on November 24, 2004 , 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead will not extend waterward more than 2 feet from the existing bulkhead at any point along its alignment at the time of construction. 3) The bulkhead must be constructed prior to any backfilling activities. (See attached sheet 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. / 7� Any maintenance work or project modification not covered onna D. Moffitt, Director Division of Coastal Manaement hereunder requires further Division approval. g All work must cease when the permit expires on This permit and its conditions are hereby cepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees. that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee A-F . NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 25, 2003 Mr. John Emrich 15 C1ub.View Court Greensboro,NC 27410 Dear Mr. Emrich: 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. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or l 13- 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 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. Sincerely, 4 Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://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 I. APPLICANT'S NAME: John Emrich 2. LOCATION OF PROJECT SITE: 841 Inlet View Drive, Wilmington, in New Hanover County, adjacent to The Atlantic Intracoastal Waterway (AIWW) and Shinn Creek Canal. Photo Index-2000: Not available 1995: 22-253, P-11,12 1989: 4 175 28, J-1,2,3; K-1 1978: 17-1 Q56, L-3,4 State Plane Coordinates -X: 2354278 Y:162751 GPS File: 0-081214A 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of.Site Visit- 8/12/2003 Was/Dplicant Present-Yes 5. PROCESSING PROCEDURE: Application Received - 9/19/2003, Completed -9/26/2003 Office -Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -New Hanover County Land Classification From LUP -Conservation and Resource Protection (B) AEC(s) Involved: CW, PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -municipal Planned N/A (F) Type of Structures: Existing - Concrete/Asbestos bulkhead, existing pier and docking facility Planned Construction of bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 180 sq ft (bulkhead) (B) Non-Vegetated Wetlands (Open 540 sq ft Water) incorporated (bulkhead) (C) Other 7,200 sq ft Highground (D) Total Area Disturbed: 7,920 sq ft (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The owner proposes to replace the existing concrete/asbestos bulkhead with a new bulkhead. The new bulkhead will be located two (2) feet waterward of the existing bulkhead and will impact an area of coastal marsh (Spartina Altemiflora) approximately 2' x 90'. Recommendations for State Permit—John Emrich It is recommended that a permit be issued subject to the following conditions: 1. This permit authorizes only the dock,piers,boat ramp,boat basin,bulkhead and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary, may become a permanent part of the structure without a permit modification. No non-water dependent uses of structures may be conducted on,in or over public trust waters without a permit modification. 2. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 3. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 5. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 6. The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management(DCM)within a maximum of thirty(3 0)days prior to the start of construction. Failure to initiate construction within thirty(3 0)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. 7. 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. 8. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 9. 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. RZCZV D OCT 019 2003 ,�F9.()FGOA TA 1A r,AGEUB 127 Cardinal Drive Extension,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001Fax: 910-350-20041 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Form DCM-MP-1 R�' CEIv ' S E P 19 2003 APPLICATIO�i* . Y. (To be completed by all applicants) b. City,11 town, community or landmark 1. APPLICANT c. Street addr r seco dary road number . a. Landowner: l Name INNL 2lc,� d. . Is proposed work wida city Iimits or .planning jurisdiction? Yes No Address ISCLi46 V)a) cr, e. Name of body of water nearest project (e.g. river, City CTlI i�YISbr711b State C, creek, sound, bay) A uJ l y Zip c 7W 1 Day Phoneq/D'c9S6'3d6aCQnT) Fax �J a S6'3061 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: / Name LidFLy F*5Ib 6-WteA ;7ms a. List all development activities you propose (e.g. J building a home, motel, marina, bulkhead,pier,and .) eycavation and/or filling activities. Address pD1?y 066fw _ - C C c'dIbnwt'D flulp Lilt iN /2L3191Z'J i�m r L City Idkl 403Jy"k-, State N L Zip 2813b Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? &IFO WDIL Fax/q v a54•3 b63. _. C. Will the project be for public,private or commercial use? ' n lt.t U}�j� c. Project name (if any) "- d. Give a brief description of purpose, use,methods of construction and daily operations of proposed at wilibe itured in„ame oflm�atowner(iJ,ardor project. If more ace .s needed, please attach NOTE: Pern additional pages. %�9'�1 6 I W&nM I 1, pmiecr name. vW p 0LI A 2. LOCATION OF PROPOSEDE, PROJECT U i II SEP i 9 a. County �1�1 DIVISION OF COASTAL MANAGEMENT Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMUSSION 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 comers the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must.be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge,the proposed on the proposed project to the Division of Coastal aetivitry zomplies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such.program. Name 69 17,q M At U&LL I certify that I am authorized to grant, and do in fact, Address 3'I �&,r Lippk) 10 1L.. A�J 1 r►►►h6!2!h IJ C grant permission to representatives of state and federal Phone 1 b-?Se-od." -bVgb l review agencies to enter on the aforementioned lands in / connection with evaluating information related to this Name J�►� Qati�►aa permit application and follow-up monitoring of the Address .39b &5pu►n . ,//hid a►45JIM,h1.C. 28`(o project. Phone `lfn'3to'b�Gl I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone This is the �� day of , 16.ad 93 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Ltd RL A)d permittee, and issuing dates. P►�-n PL- ►r �'� "3as�D-,� as ba Signature Za„dmmer or.ludwrfza.gent • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources pr°1ect. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in DCM MP-4 Structures Information 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 anachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space -w1ft Z tt m\ re 10) If the project involves the expenditure of public j � ' funds or use of public lands, attach a statement documenting compliance with the North Carolina SEP j 9 2003 Environmental Policy Act. DIVISION OF COASTAL MIANAGEMENT Revised 03/45 Form DCM-1�0-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELLNE STABILIZATION (marsh), SAVs or other wetlands? Yes No If yes, a. Type f shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap _ (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL a'Guardnw►r dlr 4-11S77P4 r k1Kr 5. GENERAL d. 1 a imum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. ShoreIine erosion during preceding 12 months and erosion controlled? l R��P,l6bF'S s .Ni► b OLSTL I L�'J H1�1 'Yt� (Source of information) £ Type of bulkhe2d or riprap material CC# b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards p be placid below dredge)? water level �l11�'7L' -f et 31fuJ69 (1) Riprap (2) Bulkhead backfill 140 GU, S, UG /►1Cl)3LAAMc. Will wetlands be crossed in rting equipment ar .h. Type of.RU m ...--ial CLL%A) VA-44 to proj--t site-? Yes � No If yes, explain steps that will be taken to Iessen environmental impacts. . i. Source of fill material -57^6 P1 A_7 4e--YL Cot/rt 1'`� 4. OTHER FILL ACTIN'= App or P:ojeu Name ("excluding Shoreline Stabilization) ' IZA 1 C � SEP sj ` a. Will fill material be brought to site? �s�pi�ti� E+Y aD* Yes No O�v �J+P Date �C qs�aL � , CAS �NlS/lLr� G�Ra+oE P.o.Box s wrtgMsvtlk Beach.N. c 2a4eo 919/256-3062 McZJ � - s VNI LOU � +QED `et 6 i 10/0 = = 4 V/ % N t `� rnLO J ; Lli W - i � V � �� D S-dderf P,c»� /Oa OF 28403 4LFi svi 76 6. CY ' q� l uNrvErtartr � - .::, •;':';•,t-� a qi �" F � �'_ �. �_-:� ARUE 9 y a N D.8 d �. F e ^_- i ♦ � p GRE' � .. •''��.w � j � mAruNA �� R �` R E r` i ,- H�q� : G q t•.. "r i:.._- #h;' _�J'Sfp� Gr a RD NE WRIG B © 1 7 Aw h , Ci"k+rT QOAPDEM PdNp¢e v � FRE _ Q { f>Eb ILET X ' ` a ad �� � -y•�.. ;fir Og - r 6i 1r � PE � ��.' �•. i Swe' pd I E_ _r `".F"�S'g � y S g � a� ��l_ •61�u=�. I S ,K 1' 31 2. � °� O`IyicomaG S�' 4F � c', D `:•� 7a--� F �rt A,�-� PiporR f, e i G Dr Tr eu L Rom � � {.�q h�afmv sa„m '¢�,� _ _ `�'r �n-'�r�. i. L•�'t`� of,mayy [!1 31r Q$ PLf° or �;...�� °• e_` '.A cs v 4y� A� ,I�" .yL,E,. fy j. �� E ,.• Syr:, J. Dr^, H�e ' _r�a� Hq4 / Rp � --..�• ''�----,i'tl, � L,y, d - G� �.- LL F Yr 132 3 9" ` > a MAWNSOROVAAND y F .r 4� _ I Lr—ESNARINE m q 7.•, j[ESEARCN RESERVE sm. a � �� '7 1 J•�q1,� ��j�IJ U.S. ARMY CORPS OF ENGINEERS NOV 4 2003 WILMINGTON DISTRICT Numa JN.OF I Action Id. 266YC0076 County o GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner IMVNr -L Address S CJ&L � w ��,r•� r N L6rn N .C. 27Y/d Telephone No. 2,56-3 a 6 Z Size and Location of project(water body,road name/number, town, etc.) 5, OCG. ra Description of Activity ,9 360 1w egr `I c w i Applicable Law: _ C�Section 404(Clean Water Act, 33 U.S.C. 1344). (check all that apply) OC Section 10(River and Harbor Act of 1899). Authorization: 197f1OD0 96 Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties,before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2193. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the-responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date Corps Regulatory Official XZTelephone No. Cg�� aS I`�t930 Expiration Date of Verification /,.--31-a3 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS,PROJECT PLANS, ETC.,MUST BE ATTACHED TO THE YELLOW(FILE) COPY OF THIS FORM,IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 SEP-16--03 TUE 018 :44 AM F&S MARINE CONTRACTORS P. 41 I� J WNW19 # Prs - P 0 POUF 1018 j writ► ftylife ge'ach,. Du rlwoad.Sykes Phd,► 910-2.66-3062 small.-Jflyejpsft.win io 5ept ZOO,7 j TO:JvawiiNp YYilvrri��tora, lV 1', Hlereby authorize fd Flynn to acr as►jy apert tojpply for44 #A Periztr`t to replace the deteriorated bulkhead with a now treote tr'mf� r d ORMy property at$41_'r/eY, View der., Wilmirr,�tdr�, �a Emrich Post-It"Fax Nato 7077 �Hta vaaaA► To i F t QO./D Co, Phone 0 Phone# T Fax Pax d E E V� S P 12Q03 DIVISION OF COASTAL MANAGEMENT Piers*- Bulkheads - Floating Docks - 9 4litts N pilings - ke-pairs C6mpfete Marine Coni truction Service For Ove� 28 Years DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: John Emrich County:New Hanover LOCATION OF PROJECT: 841 Inlet View Drive, Wilmington, adjacent to the AIWW and Shinn Creek Canal. DATE APPLICATION RECEIVED COMPLETE BY FIELD: September 26, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ a5D.cc� PUBLIC NOTICE REC'D: END OF NOTICE DATE: 1(q3--> 03 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: Co 5yn C) 75 DAY DEADLINE: %vZ © 150 DAY DEADLINE: MAIL OUT DATE: 6 1 L4 I O STATE DUE DATE: 1 �� FEDERAL DUE DATE: FED COMMENTS REC'D: f PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative I O la 3 ✓ Coastal Management-LUP Consistency D Division of Community Assistance 15 o3 Land Quality Section lb 14 3 Division of Water Quality tl-� 01 Storm Water Management(D WQ). a 1 b 3 ✓ State Property Office Z9 e Division of Archives&History Division of Environmental Health Division of Highways s, ^^nn Wildlife Resources Commission "JILI[03 ✓ l:A� Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) p�� QC)oOto-io 6 n Ia7860bW c . ) 1 I (-1103 Permit# l"l"L-4-- DCM Coordinator: 1�C� MAILING DISTRIBUTION: Permitee: mri d-, Agent: DCM Field Offices: Elizabeth City Morehead City W on . Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Tim (NCDOT) Henry icker Others: Cultural Resources: Lendhhill-E Environmental Health: ders Marine Fisheries: tNCDOT: alesShellfish Sanitation: rState Property Office: derson John Hennessy(NCDOT). Water Resources: John Sutherland Wildlife Resources:. . Dav' McHe Bennett W David Cox(NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at — Agent at 910 DCM Field Offices: Elizabeth City Morehead City Washington 5asa. a,; l Wilmington US Army Corps of Engineers (USA(;E): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Tim (NCDOT) eery Wicker Michael F.Easley,Governor Q William G.Ross Jr.,Secretary )` G North Carolina Department of Environment and Natural Resources rAlan W.Klimek,P.E.Director =r Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality _v7,-103 November 24,2003 'Mr. John Emrich 1_15 Club'VieW Court Greensboro,NC 27410 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Replace Bulkhead DWQ Project#031255 New Hanover County Dear Mr. Emrich: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity at your property,located at 841 Inlet View Drive, in Wilmington,New Hanover County. This approval allows you to: 1. Construct anew 360'timber bulkhead 2'waterward of the existing asbestos and concrete bulkhead resulting in the fill of 180 square feet of coastal wetlands and 540 square feet of open waters. This approval is only valid for the purpose and design that you described in your CAMA application and plans received by the Division of Water Quality(DWQ)on October 9,2003. After reviewing your application and plans, we have determined that General Water Quality Certification Number 34,00 covers this activity. This Certification allows you to use your CAMA Permit when'the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal; State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations,NPDES Stormwater and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your.CAMA Major Permit application received by the Division of Coastal Management on September 26,2003'. If you change or modify your project,you must notify the Division(DWQ)in writing and you may be required to send us a new application for a new certification. If the property is sold,the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be required as,described in 15A NCAC 211.0506 (h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service NA Wilmington Regional Office Wilmington,NC 28405. (910)350-2004 Fax 1 800 623-7748 14CU Mr. Emrich AkPage Two D.WQ Project#031255 November 24,2003 1. No waste, spoil, solids,or fill of any kind and no excavation shall occur in wetlands,waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major application. All construction activities,including the design;installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 2. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699- 1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#031255 under Section 401 of the Clean Water Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, �h Alan W. Klimek,P.E.,Director Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Noelle Lutheran 401/Wetland Unit—Cyndi Karoly CAMA—Jason Dail C�-AMAR'ale glrFDou_g.�Huggett �7E 'VE® Central Files DEC 0 4 20U3 3N.OFCO i ll GEMar ® North Carolina W c ife Resources Commission Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne Habitat Conservation Program DATE: November 13, 2003 SUBJECT: CAMA/Dredge &Fill Permit Application for John Emrich, 841 Inlet View.Drive, on the AIWW, Wilmington,New Hanover County,North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on November 7, 2003. We regret that time constraints delayed our response. Our comments are provided in accordance with provisionsof the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to replace a concrete/asbestos bulkhead with a new timber bulkhead located 2 ft. waterward of the existing structure. A small patch of coastal wetlands occurs next to a portion of the existing bulkhead. Area waters are classified SA and designated Primary Nursery Area(PNA). The project would fill a small area(0.004 acre) of coastal wetland vegetation and is expected to cause elevated turbidity in a PNA. Elevated turbidity would be expected to contribute to water quality decline, especially if the work was done during warm weather when dissolved oxygen levels are low. Based on this concern,we recommend that construction avoid the April 1 to September 30 period of peak biological activity. Thank you for the opportunity to comment on this application. If you have questions regarding these comments, please call me at(252) 522-9736. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center•Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 • Fax: (919) 715-7643 2004 ANA NCDENRcr coos a�1,®F A Co SG" North Carolina Department of Environment and Natural Resources P ��CQC Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary October 14,2003 k90-3 — MEMORANDUM TO: Ms. Renee Gledhill-Early,Director Division of Cultural Resources Archives &History Building FROM: Doug Huggett , Major Permits Processing Coordinator //�7�� 5 SUBJECT: CAMA PERMIT APPLICATION REVIEW j APPLICANT: JOHN EMRICH — 3 PROJECT LOCATION: 841 INLET VIEW DRIVE, WILMINGTON, IN NEW HANOVER COUNTY, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY (AIWW) AND SHINN CREEK CANAL. PROPOSED PROJECT: REPLACE EXISTING CONCRETE /ASBESTOS BULKHEAD WITH A NEW BULKHEAD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. TI agency objects to the project for reasons described in the attached comments. SIGNED ✓ DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ��� 2 0 2003 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary October 14,2003 MEMORANDUM DEC 3 04003 TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: - JOHN EMRICH 1�3�03 PROJECT LOCATION: 841 INLET VIEW DRIVE, WILMINGTON, IN NEW HANOVER COUNTY, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY (AIWW) AND SHINN CREEK CANAL. PROPOSED PROJECT: REPLACE EXISTING CONCRETE /ASBESTOS BULKHEAD WITH A NEW BULKHEAD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 3, 2003. If you have any questions regarding.the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY �( This agency has no objection to the project as proposed. v This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED � DATE 03 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 6, 2003 MEMORANDUM TO: Ms. Melba Laney for: Mr. William A. McNeil, Director gel �003 15 ... Division of Community Assistance r plow0jo FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Emrich'N Project Location: 841 Inlet View Drive, Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway (AIWW) and Shinn Creek Canal. Proposed Project: To replace the existing concrete/asbestos bulkhead with a new bulkhead. The new bulkhead will be located two (2) feet waterward of the existing bulkhead and will impact an area of coastal marsh (Spartina Alterniflora) approximately 2' x 90'. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 30, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 1,—�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. g YP J SIGNED DATE J oZ V- 3 127 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 6, 2003 MEMORANDUM TO: Mr. Charles F. Stehman, P.G., Ph.D. OCT 14 2003 Division of Water Quality/Groundwater Section FROM: Doug Huggett r Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John.Emrich Project Location: 841 Inlet View Drive, Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway (AIWW) and Shinn Creek Canal. Proposed Project: To replace the existing concrete/asbestos bulkhead with a new bulkhead. The new bulkhead will be located two (2) feet waterward of the existing bulkhead and will impact an area of coastal marsh (Spartina Alterniflora) approximately 2' x 90'. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 30, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253. 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 D 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary October 14,2003 MEMORANDUM TO: Mr. Joseph H. Henderson,Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: . JOHN EMRICH PROJECT LOCATION: 841 INLET VIEW DRIVE, WILMINGTON, IN NEW HANOVER COUNTY, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY (AIWW) AND SHINN CREEK CANAL. PROPOSED PROJECT: REPLACE EXISTING CONCRETE /ASBESTOS BULKHEAD WITH A NEW BULKHEAD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 3; 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY LY ✓ 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. This agency objects to the /p_roject,for reasons described in the attached comments. SIGNED f TE C 11 ^L 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2:enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper L , AV*A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 6, 2003 MEMORANDUM TO: Fritz Rohde D Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries 010T I 0 2003 FROM: Doug Huggett �t�i�-���.� 6��.�.. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Emrich Project Location: 841 Inlet View Drive, Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway (AIWW) and Shinn Creek Canal. Proposed Project: To replace the existing concrete/asbestos bulkhead with a new bulkhead. The new bulkhead will be located two (2) feet waterward of the existing bulkhead and will impact an area of coastal marsh (Spartina Alterniflora) approximately 2' x 90'. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 30, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253. When appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as proposed. REPLY: g Y J P J P P 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 /0-7 127 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 6, 2003 MEMORANDUM TO: Dan Sams OCT 14 2003 for: Mr. James Simons, Director, Division of Land Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jphn-Emrich Project Location: 841' Inlet View Drive, Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway (AIWW) and Shinn Creek Canal. Proposed Project: To replace the existing concrete/asbestos bulkhead with a new bulkhead. The new bulkhead will be located two (2) feet waterward of the existing bulkhead and will impact an area of coastal marsh (Spartina Alterniflora) approximately 2' x 90'. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 30, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. yThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 0G1 /b-, Z 4!>3 127 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 NCDENR zoos North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary October 14,2003 MEMORANDUM ECEIVED TO: Mr. Roberto Canales OCT ;d 2��3 State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN EMRICH PROJECT LOCATION: 841 INLET VIEW DRIVE, WILMINGTON, IN NEW HANOVER COUNTY, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY (AIWW) AND SHINN CREEK CANAL. PROPOSED PROJECT: REPLACE EXISTING CONCRETE / ASBESTOS BULKHEAD WITH A NEW BULKHEAD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �J O 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary October 14,2003 CPAID MEMORANDUM NOV 14 2003 TO: Bennett Wynne ��� ,IV.OF COARALMANAGEMEAr Wildlife Resources Commission ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN EVIR'ICH PROJECT LOCATION: 841 INLET VIEW DRIVE, WILMINGTON, IN NEW HANOVER COUNTY, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY(AIWW)AND SHINN CREEK CANAL. PROPOSED PROJECT: REPLACE EXISTING CONCRETE /ASBESTOS BULKHEAD WITH A NEW BULKHEAD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper OF W ATF� Michael F. Easley, Governor Q North Carolina De artment of-Environment-anG. Ross, Jr., Secretary . pand:Natural.-Resources_...,_..._.. ` -- ---- — taFfrrrreDirecor — - > Division of Water Quality ,C Coleen H. Sullins, Deputy Director Division of Water Quality Wilmington.Regional Office ,October 1, 2003 Mr. John Emrich 15 Club View C.t.- Greensboro,NC 27410 - -- Subject - - -- EXEMPTION from Stormwater. - -- - jylana - gemen- - rm sous Stormwater Project No. SW8030915 John Emrich Bulkhead New Hanover County Dear Mr. Emrich: The Wilmington Regional Office received a copy ofyour._application-for_the.project;---- -------- --- known as'John Emrich Bulkhead. Staff of the Wilmington Regional Office have reviewed the application for the applicability of the Stormwater Management rules to the proposed activity at this project. Based on our review, you do not appear to be proposing a development activity on this site at this point in time that would be subject to the stormwater requirements as provided for in 15A NCAC 2H.1000. Please be advised that other regulations will potentially apply to your proposed activities. If your project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is subject to the National Pollutant Discharge Elimination System(NPDES stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. This exemption applies only to the Coastal Stormwater Management Permit for the currently proposed activity. If at any time in the future, development of any part of this site is _ _.planned, as defined in NCAC 2H.1000,•or if the proposed activities differ in any manner from whatis shown on_the- Tans on-file-with the Division— ou must submi the ro ect-for jeview o:f w._-_ .N 1 p_ ,.,. - ,.y. _. ,. P 1_ -_ matter,please do not hesitate to call me at(910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\EXEMPT\030915.Sep cc: Tony Roberts,'New Hanover County Building Inspections •Jason Dail Linda Lewis Wilmington Regional Office Central Files N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service fCyEl Wilmington Regional Office Wilmington,N.C.28405 (910)350-2004 Fax 1-800-623-7748 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 22, 2003 F& S Marine Contractors, Inc. Attn: Ed Flynn PO Box 868 Wrightsville Beach,NC 28480 RE: Permit Application- John Emrich Dear Mr. Flynn: On 9/19/2003,we received a CAMA Major Permit Application on your behalf, for the proposed construction of a bulkhead at 841 Inlet View Drive, Wilmington, in New Hanover County. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail with the required additional information,processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days,your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen(15)review agencies. Additional information may be required pending further review by the fifteen(15)review agencies. If you have any questions,please feel free to call me at my Wilmington office(910) 395-3900. Si erely, Jason Dail Field Representative Attachments cc: Jim Gregson,DCM Doug Huggett,DCM John Emrich, 15 Club View Ct. Greensboro,NC 27410 s:CamaUason\Morelnfo.moreinfo.Emrich.Sept.03 127 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\Affiiiative Action Employer-50%Recycled\10%Post Consumer Paper Y -- 11 r. . -a, Development Type FEE DCM% (1430D 1601 43510DO93 1625 6253) DWQ°1. (24300 1602 435100D95 2341) 1. Private,non-commercial development that does not involve the filling or excavation of any $250 100%(S250) - - wetlands or open water areas: - 0%(SO) ' / •, . 11. Pubfic or commensal development . -. that does not involve the filling or excavation of any wetlands or open $400 100%($400) 0°I(SO) water areas: . Ilt. For development that involves the filling and/or excavation of up to 1 b - acre of wetlands and/or open water 4 areas,detem ne rf 9,A C or D x r below applies } x z ° 1 t -., _ !6 is .' t.P �;s 1 r. iCf."r`�- III(A) Fw Private ynon commersal a �s r I: +t t x deveto men tf Ge dr «P L neral water Qua !, :' ,� ' ; 3 Y s .t �fi Certificabon No 33D1(see aft ' S750 100%(S250) G r �' f >t can be applied. h D%(SD)`s ti n I-F h ,, { .Z 111(8) For public or cahunernal z� F, Y � - development,if General water Quality r ` ` Certification No.33o1(see attached) 54D0 ; k can be applied: 'r s 0°�(SO) 70D°k(S4 DD) 1 HIM K General Water Quaf "'" Certification No.3301(see atta�ed) r. r A ' c could be applied.but DCM staff determined thataddrtionalreviewand ) 5400 60% S24D f written DWQ concurrence is needed 40%($160) ' �, because of concerns related to water f oraquatic qca cif' tole y tix } a ,' r _ s- -r r h '. w l ::r' :. E III(Dj If Geneal Water Quality r Certification No.33DI(see attached) 5400 can not be applied .°(5240) s F r $1 ,� S .�- w} s : - tY IV Fordeveloprrrenithat in , ,, sh s the tillin andlor -, : ° f �,� ? ` 9 excavatron.of more . = r wY �" t �� rw?b - SFr zp than one ace of wetlands and/or 547� 6 A(52 3 y .T . -:- --L open.waterareas - 40%(S190j , �� - r c '4w.`c' ...; P m � . •+".iN !: GY 1 air �"`<sAi7,' -F x ',. 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NCDENR North Carolina Department of-Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 6, 2003 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - John Emrich Dear Ms. Blake: Please publish the attached Notice in the Thursday, October 9, 2003, 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 Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Since ly, Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett Jaye Poole 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 i t. 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 September 26, 2003. According to said application, John Emrich at 841 Inlet Drive, Wilmington, in New ' Hanover County proposes to replace the existing concrete/asbestos bulkhead with a new bulkhead. The new bulkhead will be located two (2) feet waterward of the existing bulkhead and will impact an area of coastal marsh (Spartina Alterniflora) approximately 2' x 90'. . A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405,'(910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to October 30, 2003, 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 -Donna D. Moffitt, Director William G. Ross Jr., Secretary ; October 6, 2003 John Emrich 15 Club View Ct. Greensboro, NC 27410 Dear Mr. Emrich: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed development at your property located at 841 Inlet View Drive,in Wilmington, New Hanover County. It was received as complete on September 26, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 10,2003. 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 considerthe 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 September 26, 2003, 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. Sin erely, C� GA ason Dail Field Representative Enclosure cc: Doug Huggett, DCM CO Jim Gregson, DCM WIRO Debbie Wilson, LPO Henry Wicker, COE Ed Flynn, Agent t A P . LIE F p T..To t Wftlema 9 1 concrefe/as6rics ibulk 'm a OAS head god -fo C, ILM - - CAMA E MIT COMMENTS ACCEPTED THROUGH 30A APPLICANT: FOR MORE DETAILS CONTACT LOCALTHE - • BELOW: -ov,VW4, lEm C. i T Club Nflem) Go,& • teen s b"d tic m rAa,-at I)fcsve FjM JUC r DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION.&WAIVER FORM Name of individual applying for permit ..i Address of roe ��1 L 1 d' i'L `AJA vV1� AJ C' p P rtY I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions should be provided with this letter of notification. Please initial below if you have no objections., , 'Lj9xi!Akd &MIl , I have no objections to this proposal. /n J� c1�oL0 rJAZ ,�ulluk� If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, N. C. 28405 or call 910- 395 3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAVER SECTION I understa-,d that a pier; dock,'mooring pilin reakwater,boat house,lift or sandbags m t be set b ck a minimu 5' from my area of riparian access unless waived Dm . f you wish ive the setback, you must initial the a opriate bla elow.) I DO wars ive the 15' setback requirement. I g OT wish to waiv a 15' setback requirement. 9/* Signature & Date Print Name --6 ,f Telephone Number w/Area Code PLEASE SIGN AND RETURN TO; F_.,&S Marine Contractors inc. P.O. Box 868 Wfightsville Beach, N.C..28480 Phone/Fax (910) 256-3062 t j� � A Qy ZGUQ 11 k M 9: Q 3 �' BOOK PAGE 111%P,'YCI1f. ��� } . I _., ..__-__lrzccas•�x-- --.----__-- -----------�ecs�rding.� �.J3.o�Js,and��g� i Tax Lot No. ................................. Parcel Identifier No. ....ROb3J.7 00J J- 92-00.0,.. ... Verified by .......................... (:aunty an the ......... day of ............. 19.., ..f,..,., ..... by .................................................................... .... .. ........... .. .i. ............... i i Mail after recording to William W. Jordan, P.O.Box 989, Greensboro, N. , 27412. This instrument was prepared by William W. Jordan (without search) I Brief description for the Index: Lot 9, Sec. 1, Shinn point Forest Subdivisic n 14 NORTH CAROLINA NON-WARRANTY l] EI� i i THIS DEED made this ........ day of .............................. 2000, by an between GRANTOR GRANTEE Nancy C. Emrich (Separated) Jolvi A. Emrich (Separate7 E I- Club View Court IV Greensboro, N.C. 27410 EP 9 2003f>> D11VISION OF CC^ -:-,6 i `I,'?AN\,a.(; EsMEINT The designation Grantor and Grantee as used herein shall include said parties, their icirs, Uccessors, and assigns, and shall include singular, plural, masculine, feminine or neuter as requind by context. Wl'TNESS18T14, that die Grantor, for a valuable consideration paid by the Grantee the r ceipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and co vey unto the Grantee in fee simple, all that certain tot or parcel of land situated in the County of New He riover State of North Carolina, and more particularly described as follows: I BEING all of Lot,9, Section 1, Shinn Point Subdivision, as the some is shown.on a iap hereof recorded io Map Book 18. at Page 71, of the New Hanover County Registry, reference to whi map is hereby made for a more particular description lhcycof. i ' I This conveyance is made to dissolve the tenancy, by entireties formerly existing bet een the Grantor and Grantee and to convey title to the Grantee alone pursuant to G.S. §39-1.3.3(c). i I , I' The property hereinabove described was acquired by Grantor by instrument recordi d in Kook 2469, Pale 669, in the office of the; register of Deeds of New Hanover County, North Caroli ia. i A snap showing the above described liraperty is recorded in Map Book 18, page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges atif appuif tenant" thereto belonging to the Grantee ill fee sin'ple. I The Grantor make,no warranty, express or implied, as to title to the property l ereindbove described. IN WITNESS WIII;REOF, the Grantor has hereunto set his hand and se a, or it corporate, has caused this instrument to be signed in its corporate name by its duly authorized of icers 4nd its seal to be hereunto affixed by authority of its Board of Directors, the day and year first abo a wri ten. 1 . I..I,.......•.(SEAQ ar ey C, mric}i (Separ,led)gro� E YVE ? §EP 19 2003 SEAL,STAMP NORTH CAROLINA, County. IViSIQN U;F- 1, a Notary Public of the County and State aforesaid, certil+ that`: �ncy; ` �; r1 �1 -,. •;� (Separated), Grantor, personally appeared before me this, ay. d.abkne�wle¢gSd' ;= the exeCutiutt of the foregoing instrurner.tt. Witness my h an�ofFlbf:tl'staitt a f S)l A ..., seal this ..a `day or ....�?'>�''7....................�4 ��1,,.; • cr: t' . '•.: : t on expires: issi My commission •+� %'�• ,:.. .•^,, ,}r.. .'•;c The foregoing CertiPicate(s) of;. �p '•'. :c:-:.".,.;': . iyt9t is/are certified to be correct. 'I'liis instrument and t n. certificate are du a at �he date and time: and in tile: Rook and Page show,t on the first page hereof. . 1 MARY SUE 00T a t�o� r REGISTER Or DZEDS r-A ..... ............. COUNTY -. �...l. .. ••••DeputylAssistaut-Register of Deed I of nor r•:; • Q_ l'f�nr®rftNrw of i+•IYIA Mai mr q.an",q '`": ,;,' .•'c ;� _ VVlryeuvil wIA rru.4rrs••. ••