20000438 Ver 1_COMPLETE FILE_20000403

Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Doug Huggett, DCM
John Dorney
Central Files
000438

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
A
D E N R
May 18, 2000
DWQ# 00-0438
New Hanover County
Gerald S. Evans
138 Cowrie Lane
Wilmington, NC, 28411
APPROVAL of 401 Water Quality Certification
Dear Mr. Evans:
You have our approval, in accordance with the attached conditions, to place fill 0.006 acre of wetlands in
order to construct a bulkhead on your property in New Hanover County as described in your application dated 3
April 2000. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3112. This Certification allows to use your CAMA Permit when the NC Division of
Coastal Management issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge, and Water Supply Watershed regulations. Also 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 application. If you change
your project, you must notify us 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:
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 which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Stevens
Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621
. Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
MEMORANDUM
TO:
John Dorney
Non-Discharge Branch
Regional Contact: 1. Steenhuis
WO Supervisor: Rick Shiver
Date:
SUBJECT:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Gerald S. Evans
Project Number 00` 0438
Recvd From DCM
Received Date 4/3/00 Recvd By Region
Project Type bulkhead
County New Hanover
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet HE IM E
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA OTHO Y O N r__18-87-21 SA ORW 30,624. 0.01 F_ F_I -
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland, Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to the project as described.
cc: Regional Office Page Number 1
Central Office
r
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Donna D. Moffitt, Director
March 31, 2000
MEMORANDUM:
TO: Mr. John R. Dorney, NCDENR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27611-7687
FROM: Doug Huggett
Major Permits Processing Coordinator
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
00104 3 3
WETLANDS GROUP
£UER RUALITY SECTION
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Gerald S. Evans
Project Location: 138 Cowrie Lane, Adjacent to Middle Sound, Wilmington, NC, New Hanover Co.
Proposed Project: To construct approximately 192' of concrete sheet pile bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 25, 2000. If you have any questions regarding the proposed project, please contact Jim Gregson
at extension 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 Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT VoO 4 3 8
1. APPLICANT'S NAME: Gerald S. Evans
2. LOCATION OF PROJECT SITE: 138 Cowrie Lane, Adjacent to Middle Sound, New Hanover
County
Photo Index - 1995: 22-260 M9 1989: 174-15 V14 1984: 18-232 M20
State Plane Coordinates - X: 2373853 Y: 193265
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/22/00
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 02/23/00
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW ES OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - N/A
(F) Type of Structures: Existing - Single Family Residence, Pier
Planned - Bulkhead
(G) Estimated Annual Rate of Erd§ion: < 1 ft. /yr.
Source - Personal observation
7. HABITAT DESCRIPTION: [AREA]
T?L'Tl77T Y:" T 1'TT
- i_iLi V 1
(A) Vegetated Wetlands 250 sq. ft.
404)
(B) Non-Vegetated Wetlands
(C) Other 2,400 sq. ft.
h and
8.
(D) Total Area Disturbed: 2,650 sq. ft. DD ?A'
(E) Primary Nursery Area: No
(F) Water Classification: Open: Yes
PROJECT SUMMARY: The applicant proposes to construct approximately 192' of concrete
sheet pile bulkhead.
-9. PROJECT DESCRIPTION
The applicant's property is located at 138 Cowrie Lane, in the Shellbank Subdivision, in New
Hanover County. The property is located on the west bank of the Atlantic Intracoastal Waterway
(AIWW) and is just south of the Figure Eight Harbour development. Figure Eight Harbour is
located just to the south of the Figure Eight Island Draw Bridge.
The applicant's property is a residential lot approximately three acres in size. Existing structures
on the property include a single family residence and a pier which is currently being rebuilt as a
result of Hurricane Floyd damage. The average elevation of the property is approximately 16'
above normal high water.
The lot has approximately 160' of shoreline along the AIWW. Waterward of the existing house,
the property drops sharply in elevation. Along this slope a groundwater seep has created a 404
wetland pocket measuring approximately 250 sq. ft. located near the center of the property. This
area has been delineated by the U.S. Army Corps of Engineers. Waterward of the 404 line, the
property drops further into an area of coastal wetlands. The first 5' of this area is vegetated
primarily with Salt-meadow Grass (Spartina patens), and March Elder (Iva Frutescens). Beyond
this is an approximately 50' wide area of Smooth Cordgrass (Spartina altemiflora) before reaching
open water.
The waters adjacent to the project are classified "SA ORW" by the Division of Water Quality.
The area is not designated as a Primary Nursery Area and is open to the taking of shellfish.
The applicant is proposing to construct a bulkhead across the waterward side of the lot. The
alignment of the bulkhead would be waterward of the delineated 404 Wetland area but landward
of all coastal wetland species. The bulkhead would be constructed using concrete sheet pile panels
and concrete pad anchors. The bulkhead would measure approximately 160' across with a 24'
wing wall on the south side of the property and an 8' wing wall on the north side of the property.
The applicant is proposing to backfill behind the bulkhead an area approximately 15' wide running
the width of the property. Backfill material would be trucked in from a highground source.
10. ANTICIPATED VIPACTS
The proposed new bulkhead alignment would result in the incorporation of approximately 250 sq.
ft. of 404 wetlands. Additional high ground disturbance of approximately 2,400 sq. ft. can be
expected for installation of the bulkhead tie back and anchor system and backfill.
Submitted by: Jim Gregson Date: March 30, 2000 Office: Wilmington
Form DCM- -
D
FE B 2000?" 71 PPLI
CA
TI
e 2 0 N
IDNIS10N OF (To be completed by all applicants)
COASTAL MANA
1. APPLICANT
a. Landowner:
b. City, town. co u'inity or landmark
C. Street address or secondary road number
J39 C-vw.yr ? P_ k ii-ol e
Name __ Ce ?^ ur -5. t?V'-zgnf5
Address CDk/h 1 ,P_ I s nJ? ?'---
City ??M Nr State
t
Zip agV 1 Day Phone 42/,0-763- 07-?_
Fax g1Go-'7&3-9075--
b. Authorized Agent:
Name M_
Address
City State
Zip Day Phone
Fax
c. Project name (if any) i!v f?? b?lk e
NOTE: Permit will be issued in name of landowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County /4? Ft It eti?
d. Is proposed work w' in city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e. . river,
creek, sound, bay) r ?ev.W rV.
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/ filling activities
b. Is the proposed activity maintenance of an existing
project, new work, or both? A"
c. Will the project be for public, private or commercial
use? _ br;v ct e-
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, lea a attach
additional pages. ,
D LLEd
Revised 0319S
Form DCM-MP-1
FEB 2 3 2000
DIVISION C)5
COASTAL M? ezistin
wastewater r treatment facilities.
4. LAND ANDWATER
CHARACTERISTICS
a. Size of entire tract - Q6? ati?
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL __ 110
--d. Soil type(s) and texture(s) of tract
/e. Vegetation on tract ? r t: 5S , m.crr? ?L`SfLC??
f. Man-made features now on tract u 2
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local iand use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
i. Is the proposed pyoject consistent with the applicable
zoning? ? Yes No
(Anach zoning rnmplianee certific e, if applicable)
j•
archaeological asses ent been
Yes 1No
,-n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, elated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eIi;' Ie property?
Yes V' No
1. Are there wetlands o the site? ZYes No
Coastal (marsh) Other 40
If yes, has a delineation been conducted?5
(Anach doewnenmdon, if available)
Has a professional
done for the tract?
If yes, by whom?.
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195

LJ 11-Z IL/ Z A V S
Form DCM-MP-1 15 FEB 2 3 2000
DIVISION OF
coaS
site. Include highway or secondary road T&
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name a o _ 132t+5 ow
Address j' -W' G' a4 !I
Phone
pi9Jh?.. ?rlet-Har-1>ovTZ
Name q1 f
Address / 3©8' wd a '?<r v!? ' ?r?; N 'it N.L
Phone -
Name
Address
Phone
• A list of previous state or federal permits issuedfor
work on the project tract. Include permit numbers,
permittee, and issuing dates.
f
• A check for 9-'made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project-
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of ru Print Name _ GQ 6V-oAtS
Signature s 'v ;,,?
landowner or Awhor$ed Agent
Please ' e art
prof
DCM MP-2
DCM MP-3
DCM MP-4
_ DCM MP-5
_ DCM MP-6
achments pertaining to your proposed
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
Revised 03195
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
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
EAsting Project
Length Width DeDth DeDth
Access
channel
(MLw) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
/ (Excluding
shoreline
stabilization)

?YUiil{'n\'

t•v..: ? l

EB 2 3 2000
F
7?,
l,VISION OF
CC.A MANAGEMENT
1. EXCAVATION
a. Amount of material to be excavated frm below
MHW or NWL in cubic yards A
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), -submerged aquatic veg tion
(SAVs) or other wetlands? Yes VNo
d. Higlhground excavation in cubic yardsT
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area 4Z,
c. Do you claim title to disposal area?
jfL- Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If ,yes, where? v
Revised 03195
Form DCAI-MP-2 ii'
D 2000
D
e. Does the disposal area include any coastal ds FEB 2 3 If yes,
(marsh), SAVs or other wetlands? DIVISION 0(l) Amount of materi
Yes No to be placed in the
COASTAL MANAGEM??f?r a ?-
(2) Dimensions of fill ea
f. Do- the disposal include any area in the water?
Yes No (3) Purpose of fill r I (4{ 1
A
3. SHORELINE STABILIZATION
a. Type of oreline stabilization
Bulkhead : Riprap
b. Length
c. Av?ge distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
1)
e. Shoreline erosion during preceding 12 months
fJG N ?
(Sourer of information) iA r -t d 4
t
f. Type of bulkhead or riprap material
a Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill (7)
t
h. Type of fill material
i. Source of fill material 1,1114-
,% 1 f 4-
b.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
L(m vies No
If yes, j
(1) Dimensions of fill area C
(2) 1?u se o fill ?L
5. GENERAL
a. How will excavated or fill materi l be ke t on site
and erosion controlled??
b. What type of construction equipment will be used
(for example, dra1a ine, backhoeJJ, or hydraulic
dredge}. YJZic) ki De. br,l?er.
C. Will wetlands be crossed in transpo g equipment
to proje,,-t site? Yes No
If yes, explain steps that will a taken to lessen
environmental impacts. T?
4. OTHER FILL ACTI-Y=S
(Excluding Shoreline Stabilization)
a. ill rill material be brought to site?
> _ . Yes No
App =t or Pmject Name
signature
0 ZZ v',-/ o?
Date
400 copies of this public document were printed at a total cost of $11.00 or S.03 per, copy.
Revised 031°5

?gC??ioN rn??'

E C 15", 1 1 v I ]? I
,R FEB 2 3 2000
DIVISION OF
COASTAL MANAGEMENT

ryI
r .
Ger ? 5- FV4"
?vttr ;;? I atn©®
p??3 +
Form DCNI-NEP-2 -R C E IV E
D
FEB 2 3 2000
e. Does the disposal area include any coastal ds If yes,
(marsh), SAVs or other wetlands? DIVISION Off) Amount of materi to be placed in the
Yes No
COASTAL MANAGEMMidr ?-
f. 13 ° the disposal include any area in the water? (2) Dimensions of fill eea
r -?, Yes No (3) Purpose of fill r! t (??
3. SHORELINE STABILIZATION
a. Type of oreline stabilization
Bulkhead : Riprap
1
b. Length
c. Averge distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Sourtr of information) i? L 5 L? ?, P ? ? n ??,. , r b?
f. Type of bulkhead or riprap material S y
g. Amount of fill in cubic yards to be placed below
water level
(i) Riprap
(2) Bulkhead baclfill (7)
h. Type of fill material
i. Source of fill material 1%1f?-
4. OTHER FILL ACT'IV=S 1/
(Excluding Shoreline Stabilization) ?1
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
? t-??es No
If yes, r
(1) Dimensions of fill area
50?-
(2) Pu se o fill
5. GENERAL
a. How will excavated or fill mater, be kept on site
and erosion controlled?'
b. What type of construction equipment will be used
(for example, drag line, backhoe, or hydraulic
dredge}? bZF ji L fib.
e
c. Will wetlands be crDssed in transpo ' g equipment
to project site? Yes No
If yes, explain steps that will taken to lessen
environmental impacts. #
Appiimnt or Proje: t Name
Sigwture
a. ill fill material be brought to site?
Z Yes No
__ 13L o
Date
400 copies of this public document were printed at a total cost of S 11.00 or S .03 per copy.
Revised 031°5
l ?ccw
5eo?
Ye?
d a
O d
a?
?v
s

LI>dZLT O t `t- T
o
?? ??,e r Des ?` Y $ 1:7I0yj
L ?
O

f
cc
5aim4-"
pe CO
,+Je,5
ova
431
?CEIVE
FEB 2 3 2000
D
DIVISION OF
COASTAL MANAGEMENT
m
P/&o V i ew Dy-it J i ov J
?rc) ose4 Bvikker4
5rz.-a ie / "_ 3,C)`
i
p
a
c2PtJ4 -5- f FU`atj 5,
r-cb*rVZtrY a-COE)
It

?/?Q??
V",
yea
dvNC'de
PrL J
Aj,,4or

ECEIVE
FEB 2 3 2000 -
DIVISION OF
COASTAL MANAGEMENT
O
sGu IQ- , c I sit
Vilew

Gera I? S:?tte-&
Fle bruayy ?XaJ-ax ©©
•
L4 g G i O N /)IMP
ECEIVE
FEB 2 3 2000
D
COASTAL'M Q AGEMENT

Ge'0-ld 5- 1=-v4.w-s
rY.?? v Ar( o?v; aid ©®
?.? .? 3 (?-f 3