HomeMy WebLinkAbout182-03 Loyd, Buzz Permit Class Permit Number
NEW 182-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
I /
C 2 g 200 Lrmtt r
R Alho MEK for �..
V.OF�w"` }� . X Major Development in an Area of Environments one
pursuant to NCGS 113A-118 ,
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Buzz Loyd,211 Forest Creek Drive,Fayetteville,NC 28303
Authorizing development in New Hanover County at AIWW, 8328 Bald Eagle Lane,Wilmington
as requested in the permittee's application dated 9/22/03. including the
attached workplan drawings (3), Drawing 1 & 2 of 3 dated 9/22/03 and workplan dwg dated received 10/27/03
This permit,issued on Dpremhpr 15, 200'3 , 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. 1/
Any maintenance work or project modification not covered Donna D. Moffitt,Director
Management
hereunder requires further Division approval. Division of Coastal Mana g
All work must cease when the permit expires on This permit and its conditions are hereby accepted. .
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. Signatur of Permittee
r
Buzz Loyd Permit#182-03
Page 2 of 2
ADDITIONAL CONDITIONS
4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
6) The backfill material will be clean and free of any pollutants except in trace quantities.
7) All backfill material will be obtained from a high ground source and confined behind the permitted
bulkhead.
8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
9) All backfill material to be placed below normal water level will be confined behind the permitted
bulkhead.
10) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
General
11) 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.
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) 395-3900 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 N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
031374.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800080(COE Action Id. No. 200400140) which was issued on 11/14/03.
A�
P
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
December 16,2003
Mr. Buzz Loyd
211 Forest Creek Drive
Fayetteville,NC 28303
Dear Mr.Loyd:
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 I I3A-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
fmal 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,
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://dem2.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: Buzz Loyd
2. LOCATION OF PROJECT SITE: 8328 Bald Eagle Lane, Wilmington in New Hanover County
Photo Index-2000: Not available 1995: 22-262, M-20 1989: Not available
State Plane Coordinates-X: 2377410 Y: 198400 GPS File: 0-081213B
3. INVESTIGATION TYPE: CAMA/Dredge&Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—8/12/2003
Was Applicant Present—No
5. PROCESSING PROCEDURE: Application Received— 10/13/2003, Completed— 10/27/2003
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—Private Septic
Planned -N/A
(F) Type of Structures: Existing—Pier, gazebo, floating dock and boatlift
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 200 sq ft
(bulkhead)
(B)Non-Vegetated Wetlands(Open Water) 200 sq ft
incorporated
(bulkhead)
(C)Other 3600 sq ft
Highground
(D) Total Area Disturbed: 4000 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
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 Alterniflora) approximately 2' x 100'.
•
Buzz Loyd
Page Two
9. PROJECT DESCRIPTION:
The applicant's property is located at 8328 Bald Eagle Lane, in Wilmington,New Hanover County. The
project area is located adjacent to the Atlantic Intracoastal Waterway(AIWW)and is located in an area locally
known as Porter's Neck.
To get to the site:take NC Hwy 17 north from Wilmington. Turn right onto Porter's Neck Road and go to stop
sign. Take a left and the Loyd property will be on the right approximately'/4 to ''/z mile from Porter's Neck
Road.
The high ground portion of the property is vacant.The elevation at the property varies from approximately 3
feet to 20 feet above normal high water.The vegetation of the site consists of mostly lawn grasses,landscaping,
and a few live oaks.
The property has approximately 100 feet of shoreline along the eastern edge bordering the AIW W. The current
bulkhead(mostly concrete and asbestos),accounts for roughly 100 feet of the total shoreline.The entire eastern
shoreline is bordered by an area of Salt Marsh Cordgrass(Spartina alterniora).
The Division of Water Quality has classified the waters of the AIW W,in the vicinity of the subj ect site as"SA-
ORW'. The areas adjacent to the subject property are NOT designated as Primary Nursery Areas(PNA)by
the Division of Marine Fisheries,however,they are OPEN to the harvesting of shellfish.
PROPOSED PROJECT The applicant is proposing to install the new bulkhead approximately two(2)feet
waterward of the existing bulkhead.The newly installed bulkhead would disturb a 2 foot x 100 foot section of
Salt Marsh Cordgrass(Spartina alterniflora)along the eastern section of the property and would incorporate
approximately 200 square feet of estuarine and public trust waters.
10. ANTICIPATED EMPACTS
The construction and placement of the new bulkhead would encompass approximately 100 linear feet of
estuarine shoreline. The new bulkhead would be positioned approximately 2 feet waterward of the existing
bulkhead and would impact a 2 foot x 100 foot area of coastal wetlands and the remaining bulkhead would be
located landward of all other coastal wetland vegetation.The proposed project would result in the impact of
approximately 200 square feet of low coastal marsh,200 square feet of non vegetated wetlands/open waters
and 3,600 square feet of high ground due to the placement of the bulkhead tie back rods,supports and backfill.
Submitted by: Jason Dail Date: October 28,2003 Office: Wilmington
Recommendations for State Permit—Buzz Loyd
It is recommended that a permit be issued subject to the following conditions:
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.
The temporary placement or double-handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
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(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.
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.
RECEIVEd
OCT 3 0 2003
1 OF COASTALMANAGEMEN',
RALLY GH
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900Tax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
Form DCM-MR1
APPLICATION
(To be completed by all applicants)
b. Ci , town, communeP or landmark
1. APPLICANT /
c. Street address r secondary road number
�3a8 ��r��
a. Landowner:
9 z Z L-O yd d. Is proposed work within city i' its or planning
Name jurisdiction? Yes No
Addressall �itcs�C✓tc�z 0<<,•
e. Name of body of water.arest project (e g. river,
City �' Jy' State/_ creek, sound, bay) _X�-Wt,�
Zip ZS 303 Day Phone g1 c9 306;(fi =
Fax q1 D J56- 3061 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorizze/dl Agent:
Name U �'Ly'���r�sJ� '' 3 . a. List all development activities you propose (e.g.
-� building a home, motel, marina, bulkhead,pier, and
�J / excavation and/or filling activities.
Address b, /` �6f3 1 7�^'► �1i Palo '11/D I2�,
o � 1
City 04614?'Ah Bewe State _ u
Zip =� Day Phone qld J-5 b. Is the proposed activity maintenance of an existing
project, new work, or both? _N43J GuJA�t
Fax 70 32G.Z
c. Will the project be for public,private or commercial
use?
c. Project name (if any)
d. Give a brief description of purpose,use, methods of
construction and daily operations of proposed
r"siproject. If more space is needed, please attach
NOTE: Pejec will bt issyed in„a»,e aftm+d t.{��. @,dio. additional pages. � I.Jit�t ITC7r n �nT MIJ/
proled name. ,M L ie = -TWO
i o
2. LOCATION OF PROPOSED = OLio DuikjhwnAll
PROJECT
�' JIjl 11C?O 54�� C��lsTi4l /►tirrnf�V 1�eu L
a. County IY� N)- -7 m 72 i 1 hl�;d v ST1 i/r���l,
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2003
DIVISION OF
Revised 03195
COASTAL MANAGEMENT
Form DCN1-N1P-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract p uL` n., Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individuallot(s) �1�)1/f?bdt wastewater, industrial/commercial effluent, "wash
down" d recid ntial discharges.)
c. Approximate gevation of tract above MHW or �/� LS A o�
NWL T 90 MSG.
d. Soil types) and textures) of tract o. D cri')e :x�sting drinking water supply source.
5'ta rt��t �►L iZt/1{-fU LU LL
e. Vegetation on tract /U1'4 1 4 4') LC'�C 11M
f. Man-made features now on tract °N
L&1nl r lrv-r S. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consult the local land use plan.) following items must be submitted:
Conservation Transitional • A copy of the deed (with state application only) or
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
na`16 LOX n+ . forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i, Is the propose project consistent with the applicable from the owner to carry out the project.
zoning? ,/ Yes No
(Attach zoning compliance Cerrificate 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 I1" white paper. (Refer to
done for the tract? Yes I -V_ No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Plesse 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 a gible property? prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands o the site? 2yes No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? Nt requirements and it must be sufficiently detailed to
(Anach doemsentation if available) rrT guide agency personnel unfamiliar with the area to the
DIVISIO;v OF
COASTP,! KIAN '.GEMER
Revised 03/95
Form DCNI-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses or 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. 'Ile 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 I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments
on the proposcii project to the Division of Coastal activity complies with the State of North Carolina's
Managemert. Upon .;gning this form, the applicant approved Coastal Management Program and will be
further certifies that s>>ch notice has been provided. conducted in a manner consistent with such program.
Name 1_0ON 6111 I certify that I am authorized to grant, and do in fact,
Address r e"A'30 J / grant permission to representatives of state and federal
Phone ')-,- (7Nt o ^(, -`1' review agencies to enter on the aforementioned lands in
Name v N C19ti✓Yd10A connection with evaluating information related to this
permit application and follow-up monitoring of the
Address ' ft0 64"116L6 1-W 6 project.
Phone wily me"I1i W ?yull _
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone �1 ,
• A list of previous state or federal permits issued for This is the �d day of ,
P Perms 1 /
work on the project tract. Include permit numbers, Print Name � '��� �
permittee, and issuing dates.
F» ')75c ,'-� �/5)DI ;! C ;�►Z L f l� Signature ✓r� �NL
Imdowner or Authorized Agent
• A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the 1Z 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 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 D g LA
documenting compliance with the North Carolina I�
Environmental Policy Act. D .
Gcr,T 1 3 2003
DIVISION OF
Revised 03/95 COASTAL MANAGEMENT
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION /
other sections of the Joint Application that relate to this
proposed project.
a. Amount of materiel to be excavated from below
Describe below the )urpose of proposed excavation or MHW or NWL in cubic yards
fill activities. All values to he given in feet.
b. Type of material to be excavated
Avenge Final
1 Eidsting Project
( lAngth Width Depth Depth c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
Access (SAVs) or other wetlands? Yes 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 :::.. ^�
.:. a
=" -.:. ;�� c. Do you claim title to disposal area?
:.. .::z Yes No
k �.. ,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.?
shoreline
stabilization) ( ,
OCT 13 2003
DIVISION OF
CO,ASTAL MAM G E'M E RT
Revised 03195
Form DCM-MF-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. SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
Yes No
If yes,
a. Type yf shoreline stabilization (1) Dimensions of fill area
fit- Bulkhead Riprap
;2) Purpose of fill
b. Lcn;th (� Lin. rt
c. Average distance waterward of MHW or NWL
S. GENERAL
d. Maximum distance waterward of MHW or NWL
a�
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and er sion controlled? /g)/ g/1/-P, r,�,7u 4,J lv�,;
Li9f L,1 JVo N UL,k1�J
(Source of information)
f. Type o!bulkhead o i rap 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)? L�-1
water level
(1) Riprap �-
(2) Bulkhead backfill
c. Will wetlands be cr:,ssed in transporting equipment
h. Type of fill material Si��� to project site? Yes V No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material /PLAP Q L T2
4. OTHER FILL ACTIVITIES
1 2003 Ann ject Nam
(Excluding Shoreline Stabilization)
=SON 0
,A AN AGE R,,S%utm
a. Will fill material be brought to site? 2a St�T
Yes No Date
400 copies of this public document were printed at a total cost of$11.00 or$ .03 per copy.
Revised 03/95
F$S Marine Contractors, Inc.
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P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach,N.C.28480 email:e"msn.com
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U.S. ARMY CORPS OF ENGINEERS 2 4'2003
WILMINGTON DISTRICT
)N.OF W,
Action Id. a00Vp01 yd County /� t.J AA e_v-
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner 6 U Z Z Loy I,
Address l t ores C—rr-e� prl V e-
d r S.3a
Telephone No. n_1-0) 256 -3D6a �J
Size and Location of project(water body,road name/number, town,etc.) �� LaC�� G C
;l 8ald Eaa 1,e- LaAee . ` l M111 y.
Description of Activity / i J
EL
Applicable Law: _Section 404(Clean Water Act, 33 U.S.C. 1344).
(check all that apply) _Section 10(River and Harbor Act of 1899).
Authorization: -Z 971000 90 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) 733-2293.
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 I l" Iy r C)3
Corps Regulatory Official Telephone No. ( 410) 2 51- V 93 D
Expiration Date of Verification 0 ( - (-1
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
S Mgpmo contr ac Inc.
�°o Bax 868
�'f'rfyt►tsville eearh, N.C_ 7gg8p Capt. �d Flynn
Phonei�ax 91 O-2�_3062 Durbva►d Sykes
ersttsfJ:of/Yo Pmsn.tom
22 Sept. 2003
UZE"N&
Wiltnin9ton, N.C.
X, Ruzz 1oyd herebyQulhorize Fd Flynn as my agent to OPPly for a 'AMA
M' *Permit for the installation of a treated �imfie:�ui,;hevd an my
Property at 8328 Bald Eagle L ane, Wf1Mrnyton, Mr, 28411.
z Boyd =
Post-It'ra> Note -----� _
7671 [t):awg r tTo7Zrom
CCT 1 3 2003
Fax 1cb4 `3P�,�� DIVISION OF
COASTAL MANAGEMENT
CO MPJete Marine Construction Servia,, For Over 28 Year<
Piers - gulkheads N Floating Docks Boo01fts - Pilings ReFaws
DCM Coordinator: AetL
MAILING DISTRIBUTION:
Permitee: bkZZ Lo a
Agent: E4
DCM Field Offices:
Elizabeth Cit
Morehead City
Washington
ilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland
Wilmington: Dave Timp NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
ter uali Jo
John Henness (NCDOT)
Water Resources: John Sutherland
Wil e esonrccs: eery
Bennett Wynne
David ox CDOT)
Travis Wilson (NCDOT) /
FAXING DISTRIBUTION:
Permitee at
Agent at Ow aw�0 - 3bLP
DCM Field Offices:
Elizabeth City
Morehead City
Washington
111TllngtOII
US Army Corps of Engineers (USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland
Wilmington: D m (NCDOT)
Henry Wicker
�0� �qp RECEIVED y,
W A T Michael F.Easley,Governor
William G.Ross Jr.,Secretary
\� G North Carolina Department of Environment and Natural Resources
tom" DEC 1 7 2003 Alan W.Klimek,P.E.Director
O Division of Water Quality
OF CoAgAIMANAGEMEN' Coleen H.Sullins,Deputy Director
V� RAMOM Division of Water Quality
RA MOM December 12, 2003
Mr. Buzz Loyd `et t
211 Forest Creek Drive
Fayetteville,NC 28303
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Replace Bulkhead @ 8328 Bald Eagle Lane
DWQ Project#031374
New Hanover County
Dear Mr. Loyd:
You have our approval, in accordance with the attached conditions (WQC # 3400)to conduct the
following activity located on your property at 8328 Bald Eagle Lane in Wilmington,New Hanover County.
This approval allows you to:
1. Fill 200 square feet of coastal wetlands and 200 square feet of jurisdictional waters for the purpose
of constructing a new 100 linear foot bulkhead 2' waterward of the existing concrete/asbestos
bulkhead.
This approval is only valid for the purpose and design that you described in your completed CAMA
application received by the Division of Water Quality(DWQ)on October 30, 2003. After reviewing your
application, we have determined that General Water Quality Certification Number 3400 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 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 completed CAMA
Major Permit application received by the Division of Coastal Management on October 27, 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 2H .0506 (h). For this approval to be valid,you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. 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;
N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service
Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 3d[.IEfi4rt
Page Two
Mr. Loyd
DWQ Project#031374
December 12, 2003
2. No waste, spoil, solids,or fill of any kind 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;
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#031374 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,
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, Central Office—Cyndi Karoly
CAMA—Jason Dail
CAMA Raleigh—Doug Huggett
Central Files
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES(BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997,Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit,one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506(h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation"within the"Table of Uses"section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
1
WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW,Tr,WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins(or any
other major river basins with Riparian Area Protection Rules[Buffer Rules] in effect at
the time of application)requires written concurrence from DWQ in accordance with
15A NCAC 213.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses"identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices.Activities listed as"exempt'from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact(FONSI)or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the"North Carolina Sediment and Erosion
Control Planning and Design Manual"or the"North Carolina Surface Mining Manual'
whichever is more appropriate(available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices)shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required,the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
2
WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC#3400
3
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
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 this certificate to the 401/Wetlands Unit,North Carolina Division of Water
Quality, 1621 Mail Service Center,Raleigh,NC,27699-1621. This form may be returned to DWQ by the applicant,the
applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that,to the best of my abilities,due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,and other supporting materials.
Signature: Date:
Agent's Certification
1, ,hereby state that,to the best of my abilities,due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe(periodically, weekly, full time)the construction of the project,for the Permittee hereby state
that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications,and other supporting materials.
Signature Registration No.
Date
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington,NC 28405-2004
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne
Habitat Conservation Program
DATE: November 25, 2003
SUBJECT: CAMA/Dredge &Fill Permit Application for Buzz Loyd, 8328 Bald Eagle Lane,
Porters Neck area of Wilmington, northern 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 18, 2003. Our comments
are provided in accordance with provisions of 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 is requesting authorization to replace a concrete/asbestos bulkhead with
another bulkhead 2 ft. waterward of the existing structure. A margin of coastal wetland occurs
waterward of the bulkhead. Coastal wetlands provide excellent habitat for raccoon, opossum,
rails, wading birds, waterfowl,juvenile fishes, and estuarine invertebrates. Area waters are
classified SA-ORW and are open to shellfish harvest.
Earth moving activities associated with bulkhead construction may elevate turbidity in
sensitive estuarine waters, contributing to water quality decline. The new bulkhead would
consume about 0.005 acre of coastal wetlands and some damage to remaining wetlands is
expected to occur. Based on these concerns, 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,
please call me at (252) 522-9736.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 2 7699-1 72 1
Telephone: (919) 733-3633 ext.281 • Fax: (919) 715-7643
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 29, 2003
MEMORANDUM
y
TO: Debbie Wilson, LPO oFlsAc
New Hanover County
FROM: Doug Huggett
Major Permits Processing Coordinator RU � D
SUBJECT: CAMA/DREDGE & FILL Permit Application Review NOV n 7 2003
Applicant: Buzz Loyd ,1•FCO� MMAG
RM
Project Location: 8328 Bald Eagle Lane, Wilmington in New Hanover County
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 100'.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 22, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at
910-395-3900. 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 JO X ,0 r . DATE /,,�i�?
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 29, 2003
MEMORANDUM
TO: Ms. Melba Laney RECTI1��` . D
for: Mr. William A. McNeil, Director NOV 0 7 2003
Division of Community Assistance 10FOIDASTALMANMOW
FROM: Doug Huggett 94IMMi
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Buzz Loyd
Project Location: 8328 Bald Eagle Lane, Wilmington in New Hanover County
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 100'.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 22, 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 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
��
iA
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 31, 2003
MEMORANDUM
Imo. . SWD
TO: Mr. Roberto Canales
State Construction/Materials Branch NOV 12 2003
Division of Highways
.HIV.OF COATAI 1111ANAGEMEN
FROM: Doug Huggett RAWIM
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BUZZ LOYD
PROJECT LOCATION: 8328 BALD EAGLE LANE, WILMINGTON, NEW HANOVER
COUNTY.
PROPOSED PROJECT: REPLACE EXISTING CONCRETE/ABESTOS BULKHEAD WITH A
NEW BULKHEAD. NEW BULKHEAD WILL BE LOCATED TWO
FEET WATERWARD OF EXISTING BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 21, 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 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 Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 29, 2003
MEMORANDUM
TO: Debbie Wilson, LPO
New Hanover County
FROM: Doug Huggett ����'��D
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review NOV 1 0 2003
)MOKOASTALMANAGF,M&
Applicant: Buzz Loyd R EIQM
Project Location: 8328 Bald Eagle Lane, Wilmington in New Hanover County
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 100'.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 22, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at
910-395-3900. 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 L X 9. % r DATE //1l��l
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 31,2003
MEMORANDUM RECEIVED
TO: Mr. Joseph H. Henderson, Director NOV 0 5 2003
State Property Office )ry•OF��AL G ,
Department of Administration
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BUZZ LOYD
PROJECT LOCATION: 8328 BALD EAGLE LANE, WILMINGTON, NEW HANOVER
COUNTY.
PROPOSED PROJECT: REPLACE EXISTING CONCRETE/ABESTOS BULKHEAD WITH A
NEW BULKHEAD. NEW BULKHEAD WILL BE LOCATED TWO
FEET WATERWARD OF EXISTING BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 21, 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
V 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 ages objecttsstto the project for reasons described in the attached comments.
SIGNED L. DATE It '( 15
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 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 Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 29, 2003
REMIV'r
MEMORANDUM
NOV 0 4 2u,
TO: Mr. Charles F. Stehman, P.G., Ph.D. 0.01FCOAKALMMEMEN,
Division of Water Quality/Groundwater Section RAIM
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Buzz Loyd
Project Location: 8328 Bald Eagle Lane, Wilmington in New Hanover County
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 100'.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 22, 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
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 29, 2003
MEMORANDUM 0
TO: Fritz Rohde Z 4 2
Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries j. W-HABITAT
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Buzz Loyd
Project Location: 8328 Bald Eagle Lane, Wilmington in New Hanover County
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 100'.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 22, 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.
,---'Yh—is 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 i DATE
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
ALT
� �`AA
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 31,2003 REED
MEMORANDUM
Nov 2 G 2003
TO: Bennett Wynne eMeao.
Wildlife Resources Commission
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BIJZZ LOYD
PROJECT LOCATION: 8328 BALD EAGLE LANE, WILMINGTON, NEW HANOVER
COUNTY.
PROPOSED PROJECT: REPLACE EXISTING CONCRETE/ABESTOS BULKHEAD WITH A
NEW BULKHEAD. NEW BULKHEAD WILL BE LOCATED TWO
FEET WATERWARD OF EXISTING BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 21, 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.
41-1 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
RECEIVED R)JO311%
lbDEC 0 '
8 2003 �_�_ Nr1V 4 2003
)KOF00ASTALMANAt3EMEW NCDENR
PALM North Carolina Department of Environment and Natural ResourceYI5rCQC°%8EWA'n0NoFFICE
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
October 31,2003 f7 3 3224
MEMORANDUM
TO: Ms. Renee Gledhill-Early, Director
Q
Division of Cultural Resources
Archives & History Building
FROM: Doug Huggett
Major Permits Processing Coordinator t l Ill �Q3
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BUZZ LOYD
PROJECT LOCATION: 8328 BALD EAGLE LANE, WILMINGTON, NEW HANOVER
COUNTY.
PROPOSED PROJECT: REPLACE EXISTING CONCRETE/ABESTOS BULKHEAD WITH A
NEW BULKHEAD. NEW BULKHEAD WILL BE LOCATED TWO
FEET WATERWARD OF EXISTING BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 21, 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.
co_ �%M
SIGNED -� DATE Z ' 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
NOV 0 6 2003
t
RECEIVED
��- ABC 1 0 2003
NCDENR
North Carolina Department of Environment and Natural ResourceW OFCO
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
October 31,2003
MEMORANDUM I � 0 U I
TO: Mike Kelly, Acting Director NOV — 6 2003
Division of Environmental Health '
FROM: Doug Haggett L
SHELLFISH SANITATION
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BUZZ LOYD
PROJECT LOCATION: 8328 BALD EAGLE LANE, WILMINGTON, NEW HANOVER
COUNTY.
PROPOSED PROJECT: REPLACE EXISTING CONCRETE/ABESTOS BULKHEAD WITH A
NEW BULKHEAD. NEW BULKHEAD WILL BE LOCATED TWO
FEET WATERWARD OF EXISTING BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 21, 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
X@ IF re
'•f NOV 4 2003
NCDENR ,, OFMIM Mmwwffi
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 31,2003
� [)
MEMORANDUM DEC 3 O P003
TO: Mr. John Sutherland, Chief OF
Water Planning Section R
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BUZZ LOYD \%�L—03
PROJECT LOCATION: 8328 BALD EAGLE LANE, WILMINGTON, NEW HANOVER
COUNTY.
PROPOSED PROJECT: REPLACE EXISTING CONCRETE/ABESTOS BULKHEAD WITH A
NEW BULKHEAD. NEW BULKHEAD WILL BE LOCATED TWO
FEET WATERWARD OF EXISTING BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 21, 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 viz -� 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\1.0%Post Consumer Paper
Development Type FEE DCM%
(1<3D01601 4351000931625 62S3 DWQ
(24300 1602 435100095 2341)
I. Private,non-commercial
development that does no!involve
the filling or excavation of any S250 1DOOA(S25o)
wetlands or open water areas: 0%(SO)
11. Public or commercial development 1
that does not involve the filling or
excavation of any wetlands or open 10D%($400)
water areas: 0%(SO)
01. For development that involves the
Ming andlor excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,S.C.or D
below applies row , �
sf 4-
Ill(A� For Private,non-commercial
development,If General water Quatfh
Certification Nb.3301(see attached) S250 100%(S250)
can be applied 0%(SO)
111(Bk For public or commercial
development,if General water Quay
Certification No.3301(see attached) S4D0 100°,0(S400)
can be applied: D%(SO)
111(C� If General Water Quality
Certification No.33D1(see attached)
could be applied,but DCM staff
determined that additional review and S4p0
written DWQ concurrence is needed 60%(S240) 40%($160)
because of concems related to water
quality or aquatic fife_
III(D� if Gene.al Water Quality
Certification No.3301(see attached) $400
can not be applied: 69%(S240)
40%(S160)
IV. For development that involves
the 5liing and/or exLavation of more
than one acre of wetands and/or 5475 61°0(5225)
open water areas". 40%(SigO)
4.
UF
.. ..........
i
w,riw�. ����I�r�edl •C- .,�
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 29, 2003
FAX: 343-2229
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Public Notice - Buzz Loyd
Dear Ms. Blake:
Please publish the attached Notice in the Saturday, November 1, 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 Jaye Poole, 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.
Sinc ely,
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
n ,
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 October 27, 2003.
According to said application, Buzz Loyd at 8328 Bald Eagle Lane, Wilmington, New
Hanover County proposes tp 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 100'.
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 November 22, 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 28,2003
Buzz Loyd
211 Forrest Creek Dr.
Fayetteville,NC 28303
Dear Mr. Loyd:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
the proposed development at your property located at 8328 Bald Eagle Lane,in Wilmington,New Hanover County. It
was received as complete on October 27,2003,and appears to be adequate for processing at this time. The projected
deadline for making a decision is January 10,2004. 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 October 27, 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.
L;D�l
' ly,
eepresentative
cc: Doug ugge , DCM CO
Jim Gregson,DCM WIRO
Debbie Wilson,LPO
Henry Wicker,COE
Ed Flynn,Agent
f
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CAMA ERMIT
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COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
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THE LOCAL PERMIT OFFICER BELOW:
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ek:bi • Division of Coastal Management —
4? Jason Dail
a9-ifit iA 127 Cardinal Drive Extension
Wilmington, NC 28405
d SENDER: 7(for ive the
■Complete items 1 and/or 2 for additional services. (for an
M ■Complete items?,4a,and 4b.a) ■Print your name and address on the reverse of this form so that we can return thiscard to you.■Attach this form to the front of the mailpiece,or on the back if space does not es Ad rBSS
dpermit.■Wnte'Retum n r:eipt Requested'on the mailpiece below the article number. 2. Restrced Delivery ra
.0 ■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee.
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6.Signature: (Addressee or Agent
PS F 3811, December 1994 102595-97-B-0179 Domestic Return Receipt
c• SENDER:
■Complete items 1 and/or 2 for additional services. I also wish to receive the
u) ■Compute items 3,4a,and 4b. following services(for an
v ■Print,our name and address on the reverse of this form so that we can return this extra fee):
card to you.
at ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address
d permi'
y ■Write Return Receipt Requested'on the mailpiece below the article number. 2, ❑ Restricted Delivery to
t ■The Return Receipt will show to whom the article was delivered and the date
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PS torm 81 1, DeWnber 1994 102595-97-13-0179 Domestic Return Receipt
09/12/2003 11:05 9104841850 L_U',E, BUILDERS F'A? E 01
FOP REG C,IdP.`
NP►30':i~R
NEW2ly2 3tift C; C2 �6r22 °
klC ?E`1Fsj''� 5?? p i.3Av
it�STRU�EII� � 2{��%A332`��
NOTE_ NO TITC.I= EXAM P..EQUE,5TEU OF PKE!✓AKEP,
Prepared 17y: ALAN M. 60LANA.. 210 !'rinceee Street, Wilmington, NC 284-01
Without title examination or certification of title
NORTH CAROL.INA. PAPCEL #: 3712=00/1-013-000
NEW HANOVER COUNT'' EXCi5E TAX:$ ' 380 .00
WARRANTY DEED
1'H15 DEED, made this 2-8th_ day of June. , 2(-)02 by and
between WILL IAM H. UNGEP`►11!)0D by and through ►-;io attorney-in-fact; Linda
5. Underwood, by virtue of a power of attorney reworded in Book. 35,4a, Page
Sion of the New Hanover County Pegi fi;r4 and wife, L1NUA 5. UNPEPiNOOG,
whether one or more, called GRANTOR, and FRANK. 1ti. LOYD, jP. c� wife, ANN L.
LO1'D whose mailing addre5 Lei1e
whether one or more, called 6KAN'f EE.
CC 13 2003
W77NES'S'ET11 THAT: DIVISION OF
COASTAL MANAGEMENT
The GRANTOR, for and in consideration of the 5urrt of Ten Dollars
($10.00)and othervaluable cc)ritideratioristotherri in hand paid by the GRANTEE,
the receipt whereof i5 hereby acknowledged. have bargained and Sold, and by
uhese prooent5 do hereby bargain.. Sell and convey unto GRANTEE, their heira,
succes�or•s aril a55ign5 forever, all that certain re,3i property locateci in New
'Hanover County. North Carolina, described a5 follow5:
13EM3 all of Lot 6, section E3, acr_•ordine to the ourvey prepared Iry
J. A, Loughlin, G.E. in Auqu5t, 1959, and recorded in the Office of the
Fegioter of Deed-, of New Hanover (;ounty in Map Cook 5 at Page 23.
Reference to which man r,� hereby made for a more pdr-ticular
de-cription.
09jat',/200 11: 05 91C1484DE-50 BUILDER= PA,C-iE Or'_
AL_50 that. portion of land a►1d water Iyir,g between the lot
heretofore referred to and the Inland Waterway within the line.5
extending their property lines ae Shown or7 tl,e map above referred to,
running at a right angie of the road across the land, water, etc to
the, edge of the waterway.
5IJ13JECT TO 2002 ad valorem real property taxes; Applicable
restrictions and easements of record; All local, county, State ,end
federal laws and regulations relative to zoning, occupancy,
oubdivi ion, usage, construction and development of the described
property.
TO HAVE AND TO HOLD the above granted and described property, together
with all and 5ingular, the rights, privileges, ea5ement5, tenernent5 and
appurtenances thereunto belonging, or in anywise appertaining unto the Said
G ANTEE, 'their heirs 5ucce55or5 and as5igr,5, in fee 5imple. forever,.
And the GRIANTO1?,forthemselvice,their heirs, executors and admini5tr•3t0r5,
do covenant to and with the said Celt ANTES, their heirs, 5uc:c;e55or5 and
a55ign5, that they are Seized in fee ofthe above Granted and described property;
that they have goad right to 5e11 and convey the sarne in 'fee simple; that the
Same i5 free and clear from C, my and ,III re5t•riction5, ea5ement5 or encumbrance,,,
except those mentioned above; and that they will and their heirs, executors,
adrniniotrator5 and 5ucce55orh Shall warrant and defend the. title to the Same
against the lawful dairns and derr,and5 of any and peroon5 whomsoever.
IN TE51]MONY WHEKEOF.the ,aid ha , hereunto Set their hands
and seal: a5 of the day and year first above written.
William H. Underwood, by an,-1 through
CCT 1 3 2003 ! his Attorne."y--ir,-fact,
Linda �3, 11nderwC)od
DIVISION OF
COASTAL MANAGE;
LinJo Urderwooci
09i Vi 009 11:05 9104841850 LO'vP BUII.CHEF'` PAGE 0
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1,_ l k4 • -<o+ft''O- _ , a Notary Public in and forthe.5tate,and County
aforesaid, do hereby certify that Linda S. Underwood, attorney-In-fact for William H.
Underwood, personally appeared before me this day,and being by me duly Sworn,Say that 5he
executed the foregoing and annexed instruments for and on behalf of William H. Underwood,
and that her authority to execute and acknowledge Said instruments is contained in
instrument duly executed, acknowledged,and recorded In the Office of the Register of Deeds
of New Hanover County, North Carolina, on un t 29 , 2002, in book
Page_Zbo and thatthese instrument5 were executed under and by virtue of the authority
given by said instrument granting her power of attorney; that 5he acknowledged the due
execution of the foregoing and annexed instrument5 for the purpose therein expre55ed for
and on behalf of Said William H. Underwood.
WITNESS my hand and official Seal this day of 2UU2.
My Gommlooion Expires:
ems'-,•
5TA;TE OF NORTH. CAROLINA -
COUNTY OF NEW HANOVER
Notary Public of the County and State aforeoaid,do hereby
certify that LINDA 5. UNPERVV:)JC) personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Wi-tiic:E3c, my hand and official seal ti�is .�-��_. day of Uune, 2002.
My Commi55ion Expires: _._ _ �T - Av
.T tlemea ,• ,.��
Notary Public
RAj .,p
f. . . .a r
•
OCT 1 3 2003 iI�