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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, r 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. • Complete Marine Construction Service For Over 27 Years 13� CAPT. ED FLYNN � DURWOOD SYKES f 'I"11016 7�. Piers, Floating Docks, Pilings, Bulkheads, iV 1 / ,'1 - % Boat Lifts, House Pilings, Repairs ' P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, N.C.28480 email: efly@msn.com Ifo )Ueyl) &iijy'04t� � IS 001. or— t tXiS'. r N I j 3 -001 CC 13 2003 DIVISION OF j COASTAL MANAGEMENT The 01 AITZ-1 �6/,° �d -wccG L#vv ►rblv►� K R l Q..CkAtW L E v.0.wx CLu �.'� CAP f/AMlJl�D 6itno� iM VhWVi .scan.N.C."m ` c; 919JZ56-3062 Li !'i p G� Duo /ems�,G�s :tijgwdn t"L -To"x:TO"x6 i foNctcls A/`�Ne►�, �cH Etwotdr �R dc�sT o P!/iAJ OE7aic. I /.�)1 h��cd►,�Kd Her D'OP� 6�1v�ne� X JeP Vll.l. 11 I MAr kiv.I.5.) ♦ PPR0VALs Market street 17 V,tc:I' Creek ,o •P 0 �P d I o C O N S U L T ♦ N T S W Find land'n9 sold m a tEr - Qi oac °a Catcher Rd. Pa 0 �t s th Bench Road ?4-th Atlantic Ocean J31� f- 3 2003 DIVISIC)i'.J OF COASTA.!- MA)"',��� T 23 sor go? F&S Marine Contractors, Inc. Complete Marine Construction Service For Over 27 Years CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, ,3 '►I[� �.` Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach,N.C.28480 email:e"msn.com �✓b�V�►b�� �M,I �L CC; 2003 OF � PjLa� LIA) bbd�sw�b� Gna►ss Lrw� Y V ^ � a �) AAV U J J V , &S7'LVY1° �Q L RE 11 V 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 N(ol 11 ( 00* CAMA ERMIT APPLIE13 FOR PU CT: , n ra C(�tcictslce;Am w lneainnd a Z 1 8 3 Z $ bala E-o►. le Lare COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT L THE LOCAL PERMIT OFFICER BELOW: O cl 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. a delivered. 0 4a.Article Number m 3.Article Addressed to: _ P�� Ana W;1� 31 35 ( yf 4b.Service Type d E S b1 m P ❑ Registered Certified rn ❑ Express Mail ❑ Insured 0 S ❑ Return Receipt for Merchandise ❑ COD 0 ►1 ��b � n 2 dill Delivery o p L' 7. Date of Delive Q Z Y z 5.Received By: (Print Name) 8.Addressee's Address(Only if requested and fee is paid) F W Q 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 delivered. Consult postmaster for fee. a 0 3.Article Addressed to: 4a.Article Number a � trill) �V�� �b�'J vL;bb C.ha?7 c E f J D 4b.Service Type U 3 L ° / ❑ Registered Certified CC cm <Cn n I I I•' L ❑ Express Mail ❑ Insured c LU ❑ ReturnReceipt for Merchandise ❑ COD 7.Date ofD ivery z Q °> cc 5. Received By: (Print Name) 8.Address e's Oddress(Only if requested w ty,0 r 1 G L� and fee s p d) _ X / 6.Signatu : (Ad r a or Agent) T Vl 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�