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Home My WebLink About19850129 Ver 1_Complete File_19850826..14 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 August 23, 1985 SUBJECT: -File No. SAWCO85-N-065-0220 R E C E I V E AUG 2 6 1985 Mr. Norman H. Phillips III WATER QUALITY SECTION 7000 Market Street 0PERATf0Nd- BRANCH - k~ Wilmington, North Carolina 28405 Dear Mr. Phillips: Reference your application for a Departmqnt of the Army permit to construct and backfill a 155-foot-long bulkhead on a manmade basin off the Atlantic Intracoastal Waterway (AIWW), near Mason Inlet, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080- N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the N. C. Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Mike Smith, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, Virginia 23510 -2- Copies Furns d with enclosure: Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 'v Mr. William Mills Water Quality Section iu?s P Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. Lee Pelej Environmental Review Section Environmental Assessment Branch U. S. Environmental Protection Agency 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 i ?kl ti =ILL )F LOCATION MAP (NEW HANOVER CO.) 0 t 3 .wa BY NORMAN H. PHILLIPS, I L 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET I OF 3 OF: JAMGg Cur:4Tmm;lv¢.. RT. 4, PAX 448 G uy?, 4.0 WIL104rot3, t .t:' -- LW o . o Cot ± ?{ EX14-TINE NSW 5ULtLNE,&D ±70 LF u p i! WlTld 5Ar-KPILL To +8.0 ?r +I / X ?m Vo BULKHEAD PLAN ?? I ?EX1hTING ??, 20 0 20 40 60 7 (?T P>OhIN SCALE OF FEET I- c .+1d Q ?6 ?xIhTINC? ?LOI?TI?JL? DOGK? Q 1. I ?Z rI 11 I `?;.-Lw? 0.0 ? cuL. ?? 1 d •? 1 =-.=' ?x of a A F-Iv.(.=+4.0 ?0 •? hl?W p?L1LICt1?dD t85 LF +1 t7 I? LIO??CEC 12'? C?(MG 0 24°- ese \? -PRIER of ?T 2T. 4, . 4-, F3 Co ca lz- A PX?x CoCo2 NNiLMkN16-C'OtJI N•G. NORMAL e4"V UNE Ac5l of 195\ o- I+I IN 2c QOW 06NT of w/?Y c? 1 1 sULKHEADVITH BACKFILL (MIDDLE COASTAL MARINE) OF BY NORMAN H. PHILLIPS,Id 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 2 OF 3 25' EXISVPORCH W 3' . 2' 22' GR. BACKFILL +6.0 , H.W. s+4.0 EXIST. FLOATING DOCK Lz.W.s O.O_ ANCHOR ==F NEW BULKHEAD BASIN BOTTOM SECTION A, SCALE: i"s 10' 22, 6' 5' BACKFILL GR. EL. 4-8 ANCHOR H.W. s+4.0 EXIST- BULKHEA .., NEW BULKHEAD • • _ _ Lw s 0.0 • BASIN BOTTOM SECTION B SCALE; Oz "s 10' VARIES 4r6" BACKFILL GR :...... N VROD 6"M 8° ON 5- CENTERS) 8' MI " '?„ •2"a4r T.G LONOISTORBfO? H.W. FILTER CLOTH CONC. a TYPICAL BULKHEAD SECTION NOT TO SCALE _ L.W. _i i E n --- - BULKHEAD WITH BACKFILL TYPICAL BULKHEAD SECTION' (MIDDLE SOUND RD-VICINITY OF NOT TO SCALE COASTAL MARINE) _ ---- ` BY NORMAN H. PHILLIPS,IM ! 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 3 OF 3 Permit Class New an Coastal Resources'Commssion ` rr for a Major Development in an Area of Environmental Concem_pursuant to NCGS 113A_:1118 RECEIVED ?x Excavation and/orfrlling pursuant to NCGS 113-229 AUG 0 91985 P@rmit Number STATE OF NORTH CAROLINA c 129-85 Department of Natural Resou.rcesand.Community Development WATER QUALITY SECTION Issued to _ Norman H. Phillips, III, 7000 Market Street, Wilmin ' iATMNC, O'6CH authorizing development in New Hanover County at the AIWW (man-made basin off of) near Mason Inlet as requested in the permittee's application dated 5/10/85 i ncl udi nq attached plats, 3, dated 5/85. This permit, issued on 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 subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The alignment of the bulkheads must not exceed 10' below the MHW contour. The construction alignment of the bulkheads must be staked by representatives of the Division of Coastal Management and/or U. S. Army Corps of Engineers prior to beginning work. (2) Both bulkheads must be complete prior to the backfilling activity. (3) All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. NOTE: Section 401 Water Quality Certification #1822 was issued on July 30, 1985 by the Division of Environmental Management for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing 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. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1988 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. 71a, David W. O ens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee APPLICATION MAY & 1985 FOR F EN PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY C?ljt T tAr PA,4PlAa ?• Pi R'ONAL OFFICE EASEMENT IN LANDS COVERED BY WATER C^MA PERMIT FOR MAJOR Departa mt of Adminlstratbn Stan of North Cuolana Dpa lmont of the Army Department of Natural Resources and Cominunlty Developament Corps of Er4kiaers, Wilablefts D6terlst (GS 14L12) (GS 113-229, 143.213.3(a)(1)i 143.215.3(c), 113A•1 lt (3) CFR 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by piae tlR N/A in blank. 1. Applicant Information ?t 1 W n* t w\07_1t yw ? .?.} 11L A. Name }? 1 y Meddle Last First B. Address -70 1, F%e!-T 4s;`T. --qQ Street, P. O. Box or Route 2 ? ,9q __1119 ?611LMt ?6a = K)G City or Town State Zip Code Phone 11. Location of Proposed Project: A. County NSW 4Ai`IOVE"tZ DE11J M 1 DD?T GJOU 0 ? B. 1. City, town, community or Iandmark 2. Is proposed work within city limits? Yes No C, Creek, river, sound or bay upon which project is located or nearest named body of water to project &W.&Cex)-r -ro L-X-14- mu) 13oirr BAzzl w III. Description of Project ?QLV_A VAD A. 1. Maintenance of existing project ?.--. 2. New work _ 9. Purpose of excavation or fin NA 1. Access channel length width depth 2. Boat basin length width ---i -depth f ±8 - !•? depth width •7Q X t/rs X ?•5 length 3. Fill area 4. Other length width depth Bulkhead length 155 Lt= Average distance waterward of MHW (shoreline) yb 1 C 21E5 Td 1 S M/?'Xa . . 2. Type of bulkhead construction (material) 0. Excavated material (total for project) , 1 w IV/-' ? 1. Cubic yards hA 2. Type of material E. Fill material to be placed belo`w_MHW (see also VI A) ? dIJQ l F/1L' JAL ? 1. Cubic yards t ?(L. 2. Type of material nrur ?t 7 IV. Land Type, Disposal, Area, and Construction Equipment. A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No N ' Y es B. Does the disposal area include any marshland, swamps or other wetland o C. Disposal Area N SULL/ 14 1. Location 2, Do you claim title to disposal area, S D. Fill material sowice if fill is to be trucscd in E. Now will excavated material be entrapped and erosion controlled F. Type of equipment to he used e-r G. Will marshland he crossed in transporting equipment to project site? If yes, explain pU? To ?oS1o1.? ?'R?M 3G" G1?t-?1?Q-T D¢?.1 N . "F41 Rev. Iwis k 040 V. Immodad flee of F080 Bzz 4 Am (Daas*O+) A. t. ?. X 2. CernttwrciAl HIM 1 3. H wsittg Dawiopment Of ln&JWW 4. Other MAY 13 1985 a. I. Lot si=e('1--?•-•-?--?-- "' COASTAL MANAGEMENT I E iration of lot(s) strove [Wean high water - - - - °-.?----- -LUIVIIAL e.E 3. Soil t pe and tweet e L a. - 4. Type of building facilities or structures S. Sewage disposal and/or waste water treatment A. Existing ? Planned -- B. Describe ` 5 E (G "T?•N L _?!_ 1 •---• ..a 6. Land Classification (circlet)nei VELOPED RANvSitIIJN.'ri. COMMUNITY RURAL CONSERVATION 'T.HLR (SeeCAMA Local Land Use Ptatr VI. Pertaining to Fill and Water Quality. A. Dots the proposed prrsleit :r.volve the: ojacement of flit materials helow Maii l+igh water? Yet__.._tdo 0. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following p(oiect completion) Yes...._No?- 2 Type of discharge -- 3. Location of discharge p N Vol. Pfeeatt rate of shoreline erosion (if known): _F2' VIOL Lbt permit numben and issue dates of previous Department of Army Corps of Engineers or State permits for wwk In project area, if applicable: UWALK10 LA) M UL Lattg',th of time required to complete proiect:. _ e0o O p-&-?-• - X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the dead (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 claimb title plus written permission from the owner to carry out the project on his land. 8. Attach an accurate work plat drawn to scale on 8'/t X 1 I " white paper (see inivuction booklet for details). Note: Original drawings preferred • only high quality copies accepted. C. A copy of the application and plat must be served upon adlacent riparian landowners by teaistered or certified mail or by publication (G.S. 113.229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30-days in which to submit comments to agencies listed below., _ w _r XI. Certification requirement: I certify tkz: to the nest of my knowledge, the proposed activity compiies with the State of North Carolinas approved coasttll management program and will be conducted in a manner consistent with such program X11. Any permit issued pursuant to this application will allow only the development described to this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, fillip d I clearing. ) DATE Applicant's Signature "F412 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS w1ft Itlta _ at I a RIVER FtAR Atu im -? . 4 n Lui i 1m , W.I imp wuG )saoa0 / Ap »a 1GNwd "cm /A'L[T I._ OODFN l , , . ? ? ? • ? AuMSN II? ,uwrK ? All C ,? iNDE,.fll y WILMINGTON (I MAW A• INLET ror.a..oo Lffi. Y ao WmeNl. 'aa ? 5 r ?a `o. SITE O ' 1 "'?- / WRIGXTSVILLE R(ACN I01 ,,aM = Z ?I a W - IIMwC it /(j(/}? ? j O , .'.. 'YS'1~` ??`•' ' J' O ,'` •, '? ? SONDORO INLET 71 AN, ??C ?O W a0. ]a,a 3e ' \ ?-? 1 )'D 1Ql): •,.,,r,_?.- NnTR GOa4 O I / %w OFFICE OF 85 COASTAL MANAGEMENT:. WILMINGTON REGIONAL OFFICF'- . V /I 01ROUNARFACH INLET y 45TAL ?' . 'CAROLINA REACH .• . • • . .. . I.w BULKHEAD WITH BACKFILL `' - (MIDDLE SOUND RD=VICINITY OF 111 /' COASTAL MARINE) _ BY NORMAN H. PHILLIPS , I LOCATION MAP (NEW HANOVER CO.) 7000 MARKET ST. SCALE WILMINGTON, N.C. 1 o 1 , o mm MAY 1985 SHEET I OF 3 r'WP of : ?J4 G`2 CU'L-&rQW,TIZ.. SZT 4-, '250)(448 G• PW=+4.0 WILMINCaTot?l? NG,,??? , .: • ?.- LW . o . a ?Z ± o O i Sx16-TlNCa x , N>?W 5ULV_4AE.&D ±7o Li' t3ULtU1C-dp Wl-r" 15&CV.--ILL To +8.0 Lm k I i }l I 1 P p +?ol k? j p ,V•° BULKHEAD PLAN \r__x i(1-Tu.? 4 20 0 20 40 60 go&-T F3dhit?l SCALE OF FEET --1=XlyTINL? FLOl?'Tlt?1Ca DaGICy Lvl o. o 30 ?.o LIO?CEpd? 12'r CEDAG 44.W.=+4 .o r .. 13 1965 OFFICE dNGTONSRG? OMAN ?GFI?CFN? 1NJLM tt?vJ 8lJL1C1-I?dD t85 Ll= _..?-..-?--<.?_..? _ .. __ - -?-• ., WITH a,&r_Lj=ILL. TD tlo.0 24,I f2?? \ 27. 4-, T!;,oX Coco2 WIL.Mtt-a6-T4=)tJ, N•G. NA091W .L ? A"1C U "C_ AS OF 19 81. 4-I o- E Zc QDt?,D 04NT of wkY SULKHEAD"WITH BACKFILL (MIDDLE SOUND RD.-VICINITY OF COASTAL MARINE) 8Y NORMAN H. PHI'LL IPS,IlL 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 2 OF 3 _ NI 25' wow H.W. a+4.0 EXIST. FLOATING DOCK L.W.= 0.0 AN BASIN BOTTOM NEW BULKHEAD SECTION A SCALE: I "s 10' 6? 3' 2' 22 BACK FI LL + 6.0 XIST.' PORCH R. OFFICE ?+rioN co4STAL OFF CE?+T MAY 13 I5d`' W?LM BACKFILL GR. E L. +8 ANCHOR H.W. =+4.0 EXIST. BtILKHEA • , .,:NEW BULKHEAD L.W. ' 0.0 • BASIN BOTTOM SCALE; I "= 10' SECTION B NOT TO SCALE VARIES 4 r 6" BACKFiLL s Grn' T .. ;a 2 ROD 6°>t 6° ON S'CENTERSI 6' :•'? }, 2"x9*7G. •lUNOISi?RefO) , H.W. FILTER CLOTH CONC. ' TYPICAL BULKHEAD • SECTION TYPICAL BULKHEAD SECTION NOT TO SCALE 7000 MARKET ST. BULKHEAD WITH BACKFILL (MIDDLE COASTAL MARS NE) OF BY NORMAN H. PHILLIPS,IIC WILMINGTON, N.C. MAY 1985 SHEET 3 OF 3 W DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 July 22, 1985 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWCO85-N-065-0220 Mr.. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr: Parker: RECEIVED -_;??'E_291985 WATER QUALITY SECTION .OPERATIONS BRANCH Reference the application of Mr. Norman H. Phillips III for a Department of the Army permit to construct and backfill a 155-foot-long bulkhead on a manmade basin off the Atlantic Intracoastal Waterway (AIWW), near Mason Inlet, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will be constructed on an alignment in strict accordance with permit plans. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Management and the Corps of Engineers are available to stake the bulkhead alignment prior to construction. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. Questions or comments may be addressed to Mr. Mike Smith, telephone (919) 343-4634. Sincerely, Charles. W. Hollis Chief, Regulatory Branch -2- Copies Furnished: Mr. William Mills Water Quality Section Division of Environmental, Management North Carolina Department of Natural Resources and Community Development .,Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Post Office Box 570 Beaufort, North Carolina 28516 Mr. Lee Pelej Environmental Review Section Environmental Assessment Branch U. S. Environmental Protection Agency 345 Courtland Street, N. E. Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 State of North Carolina Department of Natural. Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director July 30, 1985 Mr. Norman H. Phillips 7000 Market Street Wilmington, NC 28405 Dear Mr. Phillips: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act,. Proposed Bulkhead and Fill Norman Phillips New Hanover County Attached hereto are two (2) copies-of Certification No. 1822 issued to Norman Phillips, III slated July 30, 1985. If we can be of further assistance,: do not hesitate to contact us.. Sincerely yours, Original Signed By Dennis R. Ramsey For R. Paul Wilms Director cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O Box 27687, Raleigh, North Carolina 276n-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer wg NORTH CAROLINA New Hanover County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Norman Phillips pursuant to an application filed on the 14th day of May, 1985 to construct two bulkheads with associated fills. The Application provides adequate assurancd that the discharge of fill material into the waters of Middle Sound in conjunction with the proposed backfill of.the bulkheads in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That clean upland fill material should be used as backfill behind the bulkheads. 3. That silt screens shall be placed behind the bulkheads prior to backfilling. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 30th day of July, 1985. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By Dennis R. Ramsey For R. Paul Wilms, Director WQC# 1822 1i.. ',' L Y ? rp as v? Ot paw Wt of North Carolina Department of Natural Resources and Community Development Division of Environmental Management • 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director July 30, 1985 Mr. Norman H. Phillips 7000 Market Street Wilmington, NC 28405 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Bulkhead and Fill Norman Phillips New Hanover County Dear Mr. Phillips-- Attached hereto are two (2) copies of Certification No. 1822 issued to Norman Phillips, III dated duly 30, 1985. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Sign(ld By Dennis R. Rarnai?y FC)C R. Paul Wilms Director cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays PQ Box 27687, Raleigh, North Carolina 27611-7W Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA New Hanover County CERTIFICATION . THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Norman Phillips pursuant to an application filed on the 14th day of May, 1985 to construct two bulkheads with associated fills. The Application provides adequate assurance that the discharge of fill.material into the waters of Middle Sound in conjunction with the proposed backfil. of the bulkheads in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set -forth.- Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU`s or less are not considered significant). 2. That clean upland fill material should be used as backfill behind: the bulkheads. 3. That silt screens shall be placed behind the bulkheads prior to backfilling. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 30th day of duly, 1985. DIVISION OF ENVIRONMENTALMANAGEMENT Original Signed By Dennis R. Ramsey For R. Paul Wilms, Director WQC# 1822 to - L" t y, 1 yw. fy a! ? d 0i ' DIVISION OF ENVIRONMENTAL MANAGEMENT , a ?5' WATER QUALITY SECTION a t { p ( ? c er -i l onc ng an app n v ication for State Federa p y y ? l CAMA Pert! s) 'from. 7 f# k : r fr'' w u w'!? x l' F P +rri', P?,,.y - V -rip office cannot comment on this project until after the clo pp . 1 Certification Public Comments Period. - 4Y 44, its office has no objection to the issuance of y ,?. the permit(s) for th` opose* u? project with the following conditions: ` f ti k r That the activity be conducted in such a manner as to prevent signif?can? S'?- 'i increases in turbidity outside the area of construction or constriction ,*. k''' :z related discharge (increases of 25 NTU's or less are not considered " significant). ; That the instream turbidity not be increased by more than 50 NTU's as result of the proposed activity after a reasonable opportunity for dihu- rz ,sue tion and mixture. w -op That turbidity levels in ' shall not be increased` by more than 10 NTU s as a result of the proposed activity after a reason- able opportunity for dilution and mixture . ,CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) ` No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposalj., construction. areas. , r I WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT I office cannot comment on this project until after the cl, ?Certifi'cation Public Comments Period. . . i is office has no objection to the issuance of the permit(s) for the, .p, roject with the following conditions: x..; That the activity be conducted in such a manner as to prevent signs n. increases in turbidity,outside the area of construction or constrU6tl related discharge (increases of 25 NTU's or less are not consideredr? t- , A significant) . That the instream turbidity not'be increased by more than 50 NTU's", result of the proposed activity after a reasonable opportunity for d` tion and mixture. t That turbidity levels in shall not be increas by more than 10 NTU's as a result of the proposed activity after a reason able' opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for thi's project. `Such' action to process the certification has been initiated. Proposed Certification will be acted on or after 'i 1 f .-S- . The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal,.; construction. areas. ?.. f WATER QUALITY SECTIO DIVISION OF ENVIRONMENTALI&NAGEMENT i t DIVISION OF ENVIRONMENTAL MANAGEMENT June 13, 1985 RECEIVED SUBJECT: ,! I N 18 9985 Bill Mills Permits and Engineering WATER QUALITY SECTION OPERATIONS 3RANCH Michael F. Williams, Chemical Analyst I-? Wilmington Regional Office A. Preston Howard, Jr., Regional Engineer Wilmington. Regional Office Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Norman H. Phillips New Hanover County The applicant proposes to construct 2 wooden bulkheads, 85 feet long and 70 feet long along his property located along Middle Sound adjacent to the AIWW, classified SA. Backfill will involve the placement of approximately 90 cubic yards of fill behind the bulkhead. The area to be filled is approximately 1260 S.F. A review of the project td determine impacts to water quality offers the following comments: 1. A 401 Certification will be required and should contain the following conditions: a. Clean upland fill material should be used as backfill behind bulkheads. b. Turbidity in the receiving stream shall not exceed 25 N.T.U. as a result of the project activity. c. Silt screens are to be placed behind bulkheads prior to backfilling. It is recommended that the 401 Certification be issued. It is expected that the project as proposed will not violate water quality standards. APH/MFW/bcf cc: Division of Coastal Management - Bob Stroud Wilmington Regional Office a -et„t , ICS TI }+ V STATE o Y State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.'Martin, Governor S. Thomas Rhodes, Secretary June 11, 1985 Mr. R. Paul. Wilms, Director Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: David W. Owens Director t The attached copy of an application submitted by: Norman H. Phillips Applicant's Name Middle Sound Road New Hanover Location of Project County XX for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than June 25, 1985 Sincerely, h R. Parker, Jr., Chief Major Permits Processing Section JRP:ap:2480 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer (A) this;gency has no objection to the project as proposed. (6) This agency has no comment on the project as proposed. (C) (D) This agency approves of the project (or project concept) and/or recommends these minor refinements for project management. This agency objects to the project and recommends permit denial based on. a fire ing of (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1)• ... that there will be significant (e) (2) ... that there will be signifi- adverse effect of the proposed dred- cant adverse effect on the value ging and filling on the use and enjoynent of the property of of the water by the public; an ri e 3 ... that there will be significant (e)(4) ... that there will be signifi- adverse effect on public health, cant adverse effect on the con- safety, and welfare; servati on of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (1) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. (3) Inconsistency with the local Land Use Plan (Please elaborate). (4) Inconsistency With Rules, Guidelines or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to D1-4 or provide general comments. igna ure ate STATE ?. State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director June 11, 1985 Mr. R. Paul Wilms, Director Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: The attached copy of an application submitt.e'd by: Norman H. Phillips Applicant's Name Middle Sound Road Location of Project County XX for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than Tune 2 1gSR Sincerely, R. Parker, Jr., Chief h Major Permits Processing Section JRP:ap:2480 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer s. a ST State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary June 11, 1985, Mr. R. Paul Wilms, Director Division of Environmental Management Raleigh, North-Carolina 27611 Dear Mr.. Wilms: The attached copy of an application submitted by: Norman H. Philli Applicant's Name David W. Owens Director Middle Sound Road New Hanmer - Location of Project County RX__ for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than JUUG 25, 19A5 Sincerely, h R. Parker, Jr., Chief Major Permits Processing Section JRP:ap:2480 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer (B) This agency has no comment on the project as proposed. (C) This agency approves of the project (or project concept) and/or recommends these minor refinements for project management. (D) This agency objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumer ated below: (e) (1) ... that there will be significant (e) (2) ... that there will be signifi- adverse effect of the proposed dred- cant adverse effect on the value ging and filling on the use and enjoynent of the property of of the water by the public; any riparian owners; (e)(3) ... that there will be significant (e) (4) ... that there will be signifi- _?, adverse effect on public health, cant adverse effect on the con- safety, and welfare; servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (1) t Coastal Resources Inconsistency with Rules is Please 5 NCAC 7H (or other) as enumerat si to in rule. (3) Inconsistency with the local Land Use Plan (Please elaborate). (4) Inconsistency with Rules, Guidelines or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to D1-4 or provide general comments. Signature ate A OFFICE OF COASTAL MANAGEMENT t FIELD INVESTIGATION REPORT Applicant's name Mr. Norman H. Philips, III 2. Location of project site Adjacent to existing marina basin (forn&rll Harrelson's) on Middle Sound Road - New Hanover County. New Photo 18-2230: Grid 'R4 S 3. Investigation type: Dredge & Fill X ' CAMA X 4. Investigative procedure: (A) Dates of site visit 6/4/85 (B) Was applicant present No 5. Processing procedure: Application received ce? ? complete OfficeDCM-Wilmington 6. Site description: (A) Local Land Use Plan Wilmington - New Hanover County Land classification from LUP Conservation Development constraints identified in LUP None for projects of this.nature. (B) AEC(s) involved: Ocean Hazard Coastal wetlands Estuarine waters (C) Water dependent: Yes No Estuarine shoreline X Public trust waters X Other Other X (D) Intended use: Public Private X -_(y,?goZmercial (E) Type of waste water treatment: Existing Septic Tank Planned N/A s (F) Type of structures: Existing Pier/House Planned Bulkhead (G) Estimated annual rate of erosion 1'/year Source observations 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other N/A (B) Non-vegetated wetlands: Basin intertidal appx. 1,260 s.f. (C) Other: N/A (D) Total area disturbed: appx. 1,260 s.f. 8. Project summary The applicant proposes to construct a bulkhead with backfill in a man-made basin in order to stabilize the existing bank. <.'.. a. ; Norman H. Philips, III Page 2 9. PROJECT DESCRIPTION: , The project is located at the upper end of a man-made basin cut into highground. Waves and boat prop wash have caused extensive erosion of the existing bank. The applicant owns a dwelling at the end of the basin. Spring high tides have eroded a large portion of material from under this house. There is an existing culvert entering this area of the basin near the southwest corner. It appears that the culvert has the potential of causing some of the resulting erosion also. There is another section of bank which has eroded at the northwest corner of the applicants property. There are existing floating docks waterward of the appli- cant's shoreline. There is no marsh grass within the project area. The applicant proposes to construct two bulkheads with backfill along his shore- line. The bulkhead closest to the applicant's house will be approximately 701: long x a maximum of approximately 10' waterward of mean high water (MHW). The applicant's plans state a maximum of 15' waterward of MHW. My observations indicate that this figure is actually approximately 10' as the applicant has staked the project. The other structure will be approximately 70' long x 8' below MHW. Approximately 70 cu.yds. total of clean commercial fill will be used to fill behind the bulkheads. 10. ANTICIPATED IMPACTS: 4' As this project is located within a man-made canal in highground, the erosion rate appears to be accelerated and no marsh is present in the alignment - no significant impacts will result if the project is completed as proposed. SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM-Wilmington DATE: June 7, 1985 t? APPLICATION t AY R il 1985 FOR PERMIT TO EXCAVATE AND/OR FILL ' WATER QUAD cr4T T5KTAL MANAGEMENT N REGIONAL OFFICE EASEMENT IN LANDS COVERED BY WATER C^MA PERMIT FOR MAJOR Departawat of Adrnlnbtratlon Stata of North Carolina Deparunent of Ow Anwy (GS 14&12) Department of Natural Rateurcm and Comenunlty Development Corpse! Eri6Mswr% WWtrtb"Wo obtrtct (GS 113.22!, 143.215.3(a)(1), 143.215.3(c), 113A•119 (33 CFR 209.32032111) Pkm type or print and fill in all blanks. If information it not applicable, so indicate by pl wkq NIA in blank. 1. Applicant Information A. Name PA I LU P(i tJOF-MAt,) ?-4 14 ' Last First Middle 8. Address -7OoO MATZVET 'SiT. - qQ Street, P. O. Box or Route ?l LMt ??,?TDt? f3G 28L?j 1 City ar Town State Zip Code Phone It. Location of Proposed Project. A. County NrMNt l 1.4A1J0V0rk O q?E#3 M 1 oDL? SOU 00 ? B. 1. City, town, community or landmark ? 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of vfater to project &WACe -)-r -ro r--c14-ct 136 BoQZ' 8AM W 111. Oefluiption of Project ?/? k ?, W 1 L1•" 3 --'?' A. 1. Maintenance of existing project 2. New wor ? >r B. Purpose of excavation or fill 1. Access channel length width depth t?A 2. Boat basin length_ width i depth NA 3. Fill area 70 5C 315 X length width f 8 depth 4. Other length width depth C. 1. Bulkhead length 15S Ll" Average distance waterward of MHW (shoreline) y6 2 1E4J TO I S WiA. 2. Type of bulkhead construction (material) ?t?E=b•T'i=?, \4000 -- 4 (1---?Nad 077) 0. Excavated material (total for protect) A 1. Cubic yards , 2. Type of material E. Fill material to be placed below MHW (see also VI A) 1. Cubic yards 't ?? Cif 2. Type of material C L.E& ? Co mME=AL. 4AoD IV. Lard Type, Disposal Area, and Construction Equipment A. Does the area to be excavated inidude any marshland, swamps or other wetland' Yet MA No B. Does the disposal area include any marshland, swamps or other wetland' Yes No C. Disposal Area LL N ?d U r = 1. Location 2, Do you claim title to disposal area'__ S cL,1J CoO?IMEPC??.I. O. Fill material y,wce if fill ii to be IrtiOccl in .1?.L-.. E. How will cxuvatcd material be entrapped and erosion controlled' AI F. Type of equipment it) he used ET G. Will marshland he crnssed in transporting equipment to protect site) If yes, explain -r -20C ,? '?'j??pM 3Co" GLl L_?l ?QT DP?.1 N o.f4/ Ray. long V. Yw.M/_u.. of /t. j+c¢ A,.. towtssR+i Q?. A. 1. A 2. cont.c+a+....: 1111W? MIAMI 3. NGUsftDowwavamt of Industrial. 4, other MAY 13 1985 Ottl(k Ur s. 1. Lot tJu(s) - :t 4- _ COASTAL MANAGEMENT 2. Movatfon of lot(s) above mean high water ---- - - E 3. Soil type and texture Lao_ j"?-L'? 4. Type of building facilities or structures S. Sewage disposal and/or waste water treatment A. Existing ..f! rlannea - --- e. Describe _ SEpTIG TAN L _S! I 6. Land Classification (circle s,rr) Vi LO?f.O i RANI-i 17 IUM1 ?i. COMMUNITY RURAL CONSERVATION 'OTMLR (See CAMA Local Land Use Plan iVft0'*14! V1. Pertaining to Fill and Water Quality. A. Does the proposed project :evolve the placement of riit materials heluw r-iear+i+gh water? Yes __._No B. 1. Will any runoft or discharge enter adjacent witers as a result of profect activity or planned use of the area following protect completion) `res__._ No 2. Type of discharge 3. Location of discharge t nC VII. Resent rate of shoreline erosion (if known): 3 ? ??nl) ! D 1 ?C l N?? V UL LMt permit numbers and issue dates of previous Department of Army Cups of Engineers or State permits for work in project area, if applicable:' ` ' ??1JI A to t 1 .Ill V G UL Lt milh of time required to complete project. eo 0 D)W !, aL M addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application on!y) or other instrument under which applicant daims title to the affected property. OR if 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 claimb title plus written permission from the owner to carry out the project on his land. 8. Attach an accurate work plat drawn to scale on b%i X 1 I" white paper (sec instruction booklet for details). Note: Original drawings preferred . only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by teaistered or certified mail or by publication (G.S. 113-229 (d))Enter date served O. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. 1At.tr!/- e-L1A'A'T11Ae..A kin 0-r d_ VL-,-,t U.LLA/s- _WiL_ 'Mr Z8405* (._ . tJC Z$44C)Z XI. Certification requirement: 1 certify tha: to the nest of my knowledge, the proposed activity complies with the State of North Carohnass approved coastal management program and will be conducted in a manner consistent with such program X11. Any permit issued pursuant to this application will allow only the development described to this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling d 1 clearing. DATE v Applicant's Signature r + t1?fa2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS y kI RIVER f , t'tAR \ Lw UIL Lp _ ] c.uv w•.N? ro. i 71MI ° .-rsri t uf' I'T• lau Wl Ali r wfi?,«?Jf.O.O taa rOr 1.fff \I Mw.fwRa. rw ra7r $ , ? ? ? A ? ? A\wc?uevif V WIIMINGTO t .f ??'1O1 • l rot.. W ?'° l+R w OwMRhO{ ul? a'd ?? ?- ' ` ror a. r w«c i ? % ' V .1. 1. ?y Jj ro'?i?aia LJI: ? 1 I /? \ IGROUNA Bf.ACN INLET y R :/ AS7AL _1? ?,\ Ia A py ° C. RKN 3! ocn.. II•fr.L ? ro.. a.n 0 MAS N LNL27 s?' 4 Ova w 44 e! ' SITE ? ,; • RIG fSVKLE KACl1 / •ror. f!ra ? MASONe°R° WLEY r y F Y i? '985 OFFICE OF COASTAL M WILMINGTON R ANAGEMEN? EG40NAL OFFICE, • CAROLINA REACH ? 1 % ...I \ rm -•. ? LY /for. a.ao° _ .. ... - .._.. BULKHEAD WITH BACKFILL MIDDLE SOUND RD!-VICINITY OF 11 I'`~ t COASTAL MARINE) H. P?,31L KET IST. PS LOCATION MAP (NEW HANOVER CO.) BY 7000AMAR SCALE WILMINGTON, N.C. MAY 1985 SHEET I OF '3 _.?P&P of : ?AMr_- i Cur-_&r"&M,7e. SST 4, '50X 448 c- WILMINLiTON, NG,, UW=+4.o oQ I 30 EXIhYING x?'? ?` N4sw P5LiLv_14s LD f70 LF• t313LtU lC-dp ?/ W rr" la>Ar_ C>=I LL To +a.<::> x• p C> Q7? if 1 I i D *vol op 1 I 1 1 ? I "ap A 0 I ?.o +1 +7.0, m Ilo G?oa¢. I I Z" GEGXaG n BULKHEAD PLAN ??Xlti-r1NG 20 0 20 40 60 >'??T P?hhIN SCALE OF FEET 1=KlyTINy PLoi- IV.i & DOGKh °lp- L.W = o. o ,AAY 13 1985 - OFFICE ?? ??A REGIONA? 9FF GENE .-+4.o WILMINGTON WrrN 5'&cv:I=ILL To +Lo.c?' 2G"T¢ee 2?•. 4-, F?>oX 604,2 WILMtN6jT40 J, tJ•G. co NAQ91W L e&"V- LINE A? of 19 81 +4 ±I ?Q ?N ZZ5' Zo QDI?V (?l4l?T of w/?Y -Oi NI I 1 BULKHEADVITH BACKFILL (MIDDLE SOUND RD.-VICINITY OF COASTAL MARINE) BY NORMAN H. PHILLIPS , IIT. 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 2 OF 3 25' EXIST. •PORC-H t ; 6' L_;'_! 2' 22' GR. BACKFILL +6.0 H.W. =+4.0 EXIST. FLOATING DOCK L.W.= 0.0 ANCHOR BASIN BOTTOM NEW BULKHEAD SECTION A SCALE: 1"-- 10' MAY 13 1985 ' OFFICE OF COASTAL M All UMENI 22 WILMINGTON BACKFILL GR. EL. +8 - ANCHOR s H.W. =+4.0 EXIST. BULKHEA NEW BULKHEAD L.W. = 0.0 BASIN BOTTOM SECTION B SCALE: I "z 10' 6°x 6" .lV OH 5•CENTERS) . 2•x t• T.O. - H.W. _I 2 ROD TYPICAL BULKHEAD SECTION NOT TO SCALE -2 _91 " I l - TYPICAL -BULKHEAD SECTION' NOT TO SCALE t BULKHEAD WITH BACKFILL (MIDDLE SOUND RD.-VICINITY OF COASTAL MARINE) _ BY NORMAN H. PHILLIPS,Iff 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 3 OF 3 PUBLISH ON June 19, 1985 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION Pursuant to NCGS 113A-119(b) and 143-215 3(a)(1)(c), the Department of Natural Resources and Community Development hereby gives Public Notice that Norman H. Phillips,. III filed an application on May 23, 1985 for a permit from the Office.of Coastal Management to develop in an Area of Environmental Concern and for Certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable Water Quality Standards.. according to said application, Norman H. Phillips, III proposes to construct a bulkhead with backfill in a man-made.basin in order to stabilize the existing bank. Project is located adjacent to existing marina basin (formerly Harrelson's) on Middle Sound Road - New Hanover County. A copy of the entire application and additional information may be examined (or copies furnished, upon payment of reproduction costs) during normal business hours at the office of Coastal Management and/or the Division of Environmental Management, Regional Office, 7225 Wrightsville Avenue, Wilmington, North Carolina 28403. The Division of Environmental Management proposes to take final action on this water quality Certification on or after July 29, 1985 The W of the CAMA Major Development and the Section 401 Certification '. m_ w may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result, ti All persons desiring to make comments should do so in writing to Mr. David W. Owens, Director, Office of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to July 4, 1985 for consideration under the CAMA Permit Decision and to Mr. Cecil G. Madden, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 (Th lephone: (919) 733-5181) prior to July 19, 1985 for consideration under the Water Quality Certification decisions T-1., r SLATE State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Governor Field Services Section David W. Owens S. Thomas Rhodes, Secretary 7225 Wrightsville Avenue Director Wilmington, NC 28403 (919) 256-4161 June 12, 1985 Dianne Blake Star News P.O. Box 840 Wilmington, NC 28401 Dear Ms. Blake: Please place the following legal notice in the classified section of your newspaper and send the bill and affidavit to Christie Flynn, Division of Coastal Management, P.O. Box 27687, Raleigh, NC 27611. Sincerely, C?LJ56j- C. Robert Stroud, Jr. Field Consultant CRS/sbm Attachment JUN j 'Y P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 May 20, 1985 Regulatory Branch SUBJECT: File No. SAWCO85-N-065-0220 RECEIV Fp Mr. Norman H. Phillips III flIAv 7000 Market Street ?>?j ` 19$5 Wilmington, North Carolina 28405 4TEF QUALITY SECT AT10,,VS QRA?TION Dear Mr. Phillips: On January 27, 1981, we issued general.permit No. SAWCO80-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 14, 1985, for a Department of the Army permit to construct and backfill a 155-foot-long bulkhead on the Atlantic Intracoastal Waterway (AIWW), near Mason Inlet, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWC085-N-065-0220 and will be coordinated by Mr. Mike Smith, telephone (919) 343-4634. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure w ? -2- Furnished: Mr. John Parker Division of Coastal.Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 whir. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Post Office Box 570 Beaufort, North Carolina 28516 Mr. Lee Pelej Environmental Review Section Environmental Assessment Branch U. S. Environmental Protection Agency 345 Courtland Street, N. E. Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 t May 20, 1985 IN ntrLT ntrtK IV Regulatory Branch SUBJECT: File No. SAWC085-N-065-0220 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: A44 Y --? 190,5 WA Eq Ok#A Enclosed is the application of Mr. Norman H. Phillips III for a Department of the Army permit and a State Water Quality Certification to construct and backfill a bulkhead on the Atlantic Intracoastal Waterway (AIWW), near Mason Inlet, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 Of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by July 17, 1985, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Mike Smith,. telephone (919) 343-4634. Sincerely, •- ?- ` a W. Ho 1's hie , Regulatory Branch Enclosure x.. ' r T 2 A*4s furnished: Mr. John Parker Division WCoasotal Management North Carolina Department of " Natural Resources, and ".' Community Development' ' Post Office Box.27687 g° Raleigh, North Carolina 27611-7687 `'` Mr: C. Robert `Stroud Wilmington Regional Office North Carolina Division of Coas"tal Management; s 72,25 Wrightsville Avenue n ,. - Wilmington, North Carolina -.28403 a ii •.. .rp. b JV0 Y T iS 7000 Market Street' Wilmington, N.C. 28405 U.S. Army Corps of Engineers Regulatory Functions Branch P.O. Box 1890 Wilmington, North Carolina 28402 Gentlemen: I request that a permit be issued to authorize the work described in the enclosed application form and related plans. The property on which the work is located and/or which is adjacent to the water area affected by the work is owned by me. y The adjacent property owners indicated in the enclosed application have - been notified. Sincer ly, -la- orman . Phillips, III Enclosures RECEIVED I, REGULATORY BRANCH APPLICATNDN ?y v.. FOR `MAY 1.` '9a5' PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION-- EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELAPMENT Deggimu at of Administration State of North Cmallea Department of fife Army (GS 146-12) Department of Nawrid Resourta &W Community Development Corps i%WilwYlpmDetkt FR 309.320-3291 (GS 111-229,1143-213-3111)(1), 143.21S.3c1, 113A•Ilg Pwaae type i print and fill in all blanks. It information Is not applicable, so indicate by placinS N/A in blank. 1. Applicant Intimation A. Nstm f?"" ?! 'pA I LL.. 1 ?Res tA6V-MAf%N ?4- Last First Middle B. Address M1iL?V&T ---- Street, P. O. Box or Route n ,99 119 1 ??TO K)G G? 1 Citv a? Town State Zip Code Phone If. Location of Proposed Project: A. County Nmui 4A1)0VRz B O ?e?EVJ j M I Dp? ?oV ?`•a . 1. City., town, community or landmark 2. Is proposed work within city limits? Yes -No -L-1 C. Creek, river, sound or bay upon which project is located or nearest named body of water to project III. Description of Project r?? 1 `'`,??w? A. 1. Maintenance of existing project 2. New work _ B_UL.1GA._ D, / -."'!--:--• B. Purpose of excavation or fill 1. Access channel length width depth NA 2. Boat basin i-?-length_t_width "_depth 3. Fill area 70 k 45 X •r7 tL length ? width ±48' depth 4. Other length width depth C. 1. Bulkhead length-L55 P Average distance waterward of MHW (shoreline) ?- - -- 2. Type of bulkhead construction (material) _"?'Pf=JI'T'I?T1 "L.ji?_ ?•?? ?? .?, 0. Excavated material (total for project) 1. Cubic yards 2. Type of material E. Fill material to be pl.ced below MMHW (see also VI A) 2, Type of mate rIal c M.F."Q f C04 ME AL SAIJD 1. Cubic yards ''7Q Q 4- 1 IV. Land Type, Disposal Area, and Construction Equipment. A. Does the area to be excavated include any marshiand, swamps or other wetland? Yes No 0. Does the disposal area include any marshland, swamps or other wetland' Yes No C. Disposal Area 1. Location SmktACAD 2, Do you claim title to disposal area, -IrEA? D. Fill material viuice if gill is lu be trucked in !=Lr--&VJ.C. 1Mt- lE17.C'l" !IL - E. How will excavated material be entrapped and erosion controlled) y?. F. Type of equipment to he used ET mTL G. Will marshland he crossed in transporling equipment to project site? II yes, explain ?f7 1j13? 'C'O ??alol.a ?.iphiA 3Co" Gt?L?I?QT DP.1S.t N . DAF41 Rev. lytg i V. IttINWId Use of /sej 4 Am (Donalbe) A. 1. PHvats z Caw?a?w 3. Housing Development or IndumW 4. Other R. 1. Lot size($) .......... Elevation of lot(s) above inean high watt ?-- -- -- - - 3. Soil type and texture L 4. Type of building faciltttts or structures 5. Sewage disposal and/or waste water treatment A. Existing - Planned ?. i a. Describe 5 e- ( G T&hgS? 1 F L G. Land Classification fcacle t,nr) •VE LOPFU TRANSI rl1JNA,i. COMMUNITY RURAL CONSERVATION 1)THtR (See CAMA Local Laced Use Plan Syrsopsh) VI. rertalning to Fill and Water Quality. A. Does the proposed protect ,r.volve the placement of fiil materiOs helow mean'agh water? y_t_t?uo B. 1. Will any runoff or discharge enter adjacent waters as a result of protect aclrvity or planned use of the. area following project completion) `(es___No.?? 2 Type of diu:harge - -?? 3. Location of discharge VII. Nosent rate of shoreline erosion (if known): 3 tQ- i(F-&2"AVa D VIII. Lli,t permit numbers and issue dates of previous Department of Army Corps of Engineers err State permits for work in project area, if applicable: t„)u * 17 1 IX. Lattj 6 of time required to complete project: d_ `4. aL 1st addition to the completed application form, the following items must be provided. A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR It 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 claimi, title plus written permission from the owner to carry out the project on his land. Il. Attach an accurate work plat drawn to scale on 8'h X 11,, white paper (see instruction booklet for details). Note: Original drawings preferred . only h,gh quaiity copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113.229 M)Enter date served D. List names and complete addresses of the riparian landowners with property adioining applicant's. Such owners have 30 ddys to which to submit comments to agencies listed below.. _ _ _ _.? XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas approved coastal manajtement program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described to this appli cation and plat. Applicants should therefore describe in the applicati and plat all anticipated devel- opment activities, including construction, excavation, filling, d cleating. t DATE Applicant's Signature f?Pa2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS 0, k ! -? J r,- a o • W J C > Si W M u. z LO I-- ? O ? ?Z Z ) W V O W ?. C. W ? Y (co 0 z? ?++ LL d' a , o. W Zz 0 C', Cc ?O V E $ p c O , . SIB v u O y ii w r (Zli 2 1 1-8 6VA M `008£ uu03 Sd . N •?a D c? M gZ Ln F- ? ° ? ac ? a V O ui ,fL ? "z u CO U. Z ? LL CL d' 1.L W / Z 2 cc 0 . b w p$ E ;.? cn 0 b ?? a o Al ?'?J? 6 o Z c w $ a a i g. ` o. ;;i . 0 x $ w t e Q 4 E0 Z86T NOA `008£ WI03 Sd © J Q J CF) 2 ?J G a M W CJ W_ ? Z h W O W c) oW a ? vz v Cfl O CD o LL d' a ? o W ? CL C.) W Z -f•§ l`l c N LIP _N E 01 CO g o t , .. O . 1 a 8 LL ; 0 O a y, f,. s LL N p p N w «..l? . y E 0 E Q L4 ?? _ N = _w .L ? Q t V O M V I LW O N M N ' d d .Q Q.p O K.a ?:... C-1: c':^.eZ 86I'.•' A'3 `008£ WI03 Sd 1 Y 'ILL F LOCATION MAP (NEW HANOVER CO.) KALE 0 7 1 mm BY NORMAN H. PHILLIPS'-,-31'L'- 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET I OF 3 sl?7 cu V? WIIMIN4TON' EX1ti?f?Nla A.- NSW PAuuc NEAV 170 LF xo• Q7, h IV I I I n ? I I t? G x101 x? o U ?I I v 1 I " GUL. a .? `h 30 Q47 BULKHEAD PLAN ? EX IhTI t- 6 20 0 20 40 60 P-70&T PJAhIN SCALE OF FEET t-)Q' -TI NG FLOt?'TlN4 oocKg 0P_LW= a.o I A I 0 ?k 1\ +a N??J $V L1C1 I?AD 8 5 LI= ? ?" •?• wI'TE-I F3GGIL?1 LL. -ro + ?. o r1 ??t7 LIO'ICEC ? 12" %,EpAG . ••0 26"T2eE {GA - 2T. 4, F_5oX Cvlo2 ?llll.MltJC;To(.?? N•G. 6 t4oR.M SIL 12AW "C_ A?> of 19 S 1. 4-I i0 IN Za iZ?l?.D ?l4NT of w?Y NI 1 1 SULKHEADVITH BACKFILL (MIDDLE SOUND RD-VICINITY OF COASTAL MARINE) BY NORMAN H. PHILLIPS , IIL 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 2 OF 3 a`• 6' 1 3' 12' 22' BACKFI LL- 6.0 1 H.W. s+4.0 EXIST. FLOATING DOCK -IL .W. s •O_ _ ANCHO NEW BULKHEAD BASIN BOTTOM SECTION A. SCALE: 1"f 10' 22' am- 61 5_ BACKFILL GR. EL. +8 XIST•'PORCH R. H.W. =+4.0 ANCHOR EXIST. BULKHEA ' NEW BULKHEAD LW =0.0 • BASIN BOTTOM SECTION B SCALE: 1 N_ 10' VARIES 4 Y 6" 6ACKFILL' GR ROD 6"a 6" ON S' CENTERSI 6' -2"a??T.G IOpD1STU?N. . H.W. 6E0? FILTER CLOTH CONC. "v TYPICAL BULKHEAD SECTION L W NOT TO SCALE -- - TYPICAL "BULKHEAD SECTION- NOT TO SCALE BULKHEAD WITH BACKFILL (MIDDLE CSOUND OASTAL MARIINIE) OF BY NORMAN H. PHILLIPS, IM 7000 MARKET ST. WILMINGTON, N.C. MAY 1985 SHEET 3 OF 3