19880215 Ver 1_COMPLETE FILE_19880101

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 25, 1988
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No: SAWC088-N-065--0324
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:
Reference the application of Osprey Point Development,
represented by Mr. Ed Nichols, for a Department of the Army permit
to construct a pier with gazebo on Bradley Creek, west of the
Bradley Creek Bridge, Seagate, 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 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 the
permitted structure is abandoned without having it transfered to a
third party.
b. The authorized structure and associated activity will not
cause an unacceptable interference with navigation.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
-2-

Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
J North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. R. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
I
I
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1390
May 17, 1988
SUBJECT: File No. SAWC088-N-065-0324
Mr. Ed Nichols
Osprey Point Development Company
902 Shipyard Boulevard
Wilmington, North Carolina 28403
Dear Mr. Nichols:
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PAA 23138
^IA'- I; rli 'T 1,
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (copy enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received May 3, 1988, for
Department of the Army authorization to construct a pier with
gazebo on Bradley Creek, west of the Bradley Creek Bridge,
Seagate, 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 informed regarding its further
management. If there are no unresolved differences in State-
Federal positions or policies, the final action taken on your
application by the State will result in your receiving written
notice from us that your application is consistent with the
general permit and you may commence your activity. Only after
receiving such confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC088-N-065-0324 and will be
coordinated by Mr. Hugh Heine. He is available at telephone (919)
343-4725.
Sincerely,
Hiollis
Chief, Regulatory Branch
Enclosure
-2-

Copies Furnished (without 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
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
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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
& 4
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments cQncernYng an application for State Federal CAMA Permit(s).from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
roject with the following conditions:
_ That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
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 a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
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.
B. 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 disposal construct ion.
areas. ^

WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
? i

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE: .2 19Y J? R . C E I V E
TO: Bill Mills MAY 1.
Operations Branch ? ??c1?
FROM: James H. Gregson %(<- OPERATIONS
Wilmington Regional Office
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
o
Project Description: 7ZA afY4C&a /O- e- n ?, .? Jn Q
Adjacent Water Body: 464U.?
Classification: SC
Status : e1r.5.d v
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
(X) The project will ill no require a 401 Water Quality
Certification.
( ) The project complies with the General 401 Water Quality
Certification # for
Q?) The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceed c p6-- NTU.

This office has no objection to the project as proposed.
JHG:kc
cc : DCM - Roh+eR7' S74d
CF, WiRO

1. Applicant's name 0.
2. Location of project
just west of Bradle,
3. Investigation type:
E
OFF.TCE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
sprey Point Development Co. (Ed Nichols.
site Seagate Community, off Vann Avenue
Creek Bridge in New Hanover County - No
Dredge & Fill CAMA
KPEDITED PERMIT
Agent)
on Bradley Creek
Photo Coverage
x
4. Investigative procedure: (A) Dates of site visit 4/26/88
(B) Was applicant present no
5. Processing procedure: Application received 4/25/88 Office WiRO
6. Site description: (A) Local Land Use Plan New Hanover County
Land Classification from LUP Conservation
Development constraints identified in LUP None for
projects of this kind
7.
8.
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands x Public Trust Waters
Estuarine Waters x Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing N/A
Planned
(F) Type of structures: Existing N/A
Planned
(G) Estimated annual rate of erosion none Source
Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
Spartina alterniflora 64 sf - gazebo
(shaded) 258 sf - pier
(B) Non-vegetated wetlands:
Open Water 192 sf
(C) Other:
(D) Total Area Disturbed: 514 sf
Project Summary Applicant proposes a pier terminating in a gazebo to serve as
simple access for a residential subdivision.
?r
Ed Nichols
Page 2
9. PROJECT DESCRIPTION
The project lies adjacent to Bradley Creek, New Hanover County, just west of
the Bradley Creek Bridge. It is reached from Vann Avenue in the Seagate
Community. The proposed subdivision itself is outside of any CAMA
jurisdiction, with all development occurring more than 75' landward of mean
high water. The project is designed to meet the New Hanover County
Conservation overlay distict (COD) requirements. A stormwater plan has been
approved earlier by the Divsiion of Environmental Management. The upland tract
consists of approximately 10 wooded acres, divided into 23 lots, averaging .45
acres/lot. The common area has been designated at the northeast corner of the
property. The shoreline is vegetated with Spartina alterniflora marsh. The
adjacent waters , while very productive, are classified SC and closed to
shellfishing. The system is a designated primary nursery area by the Marine
Fisheries Division.
The applicant proposes a 6' wide pier, beginning on a high ground portion of
the common area, extending over the Spartina marsh for approximately 43'. The
pier will terminate in a gazebo. This structure will be approximately 16' x
16'. 'The project meets the 15' property line setback, as well as the 1/3 rule.
The landward side of the gazebo extends approximately 4' over wetlands, with
the remaining 12' over open waters. The total area of coastal wetland shaded
is approximately 322 sf. The proposal calls for a roof over the entire 256' sf
of the gazebo. There are piers of similar dimensions on both sides of the
project. No docks or mooring facilities are associated with the project.
10. ANTICIPATED IMPACTS
It the project is constructed as proposed no significant impacts are
anticipated. The project will also be consistent with the LUP and the COD
requirements.
Submitted by: C. Robert Stroud, Jr. Date: April 26, 1988 Office: Wilmington
Please type or print. U'arefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (riot ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
a. Name (Ed Nichols) Osprey Pt. Dev. Co.
Address 902 Shipyard Blvd.
City WW , .mi ngton State NC
Zip [ts4U? Day phone [phone]
Landowner or X Authorized agent
b. Project name (if any) Osprey Point
c. If the applicant is not the landowner, also give
the owner's name and address.
G.F. Herring
137 Vann Ave.
Wilmington, NC 28403
a. Str et address or secondary road number
Dann Ave.
b. Ci?y , town community or landmark
Sea Gate Com un, ly
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? Not in Ciy Limits
e. Name of body of water nearest project
Bradley Greek -
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pie.
Residential Sub-Division
er
If you plan to build a marina, also comple
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex- ye,
isting project, new work, or both?
nrnrr
C. Will the project be for community, privavXk ;q .,
commercial use?
Private
d. Describe the planned use of ncc project.
Pier or Homeowners
a. Size of entire tract 10 Acres + or -
b. Size of individual lot(s) 15,000 sq. t.
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 10' - 20' average
d. Soil type(s) and texture(s) of tract Sandy
Med to Coarse
e. Vegetation on tract
rees
f. Man-made features now on tract houses
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R-15
i. How are .adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? Yes
If so, by whom? John Benson, Surveyor
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
re of land, the Division of Land
ces must receive an erosion and sedimen-
io control plan at least 30 days before land
ilc_dr rbing activity begins. If applicable, has a
a
sedimentation and erosion control plan been
?subrq?,?jd to the Division of Land Resources?
f. 1 Give the percentage of the tract within 75 feet
-of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
A
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards
surfaces. c. Type of material _
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands?_ __.
plan been submitted to the Division of En- e. High ground excavation, in cubic yards
vironmental Management? f. Dimensions of spoil disposal area
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area
water treatment facilities.
h. Do you claim title to the disposal area?
j. Have these facilities received state or local If not, attach a letter granting permission from
approval? the owner.
k. Describe existing treatment facilities. i. Will a disposal area be available for future
maintenance??
If so, where?
j. Does the disposal area include any marshland,
1. Describe location and type of discharges to swamplland,lor water areas?
waters of the state (for example surface runoff, k. Will the fill material be placed below. mean
sanitary wastewater, industrial/commercial high water?
effluent, or "wash down"). 1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
m. Water supply source o. Will fill material be placed on marsh or other
n. If the project is oceanfront development, wetlands?
describe the steps that will be taken to main- p. Dimensions of the wetland to be filled
tain established public beach accessways or pro- q. How will excavated or fill material be kept on
vide new access. site and erosion controlled?
o. If the. project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? hydraulic dredge)?
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
ff-T-..,,?,;;,
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 property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 1( white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name William L. Mabry
Address rsu recan Ave
Wilmington,
Name
Address
Name a es investment o. M
Address BOX-149
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
$25.00
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
1 certify that to the best of my knowledge, the pro-
posed 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 further 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 ap-
plication and follow-up monitoring of project.
ThisA the
19
Y '?6
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
office and addresses and phone number.
MA: ; -; 1988
24
day of March
OFFICE OF COASTA! MANACENIEy1
. WILMINGTON REGIONAL OFFICE
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COMMUNITY PIER
NEAR SEAGATE, NEW HANOVER CO., N.C.
BY: OSPREY POINT DEVELOPMENT CO.
902 SHIPYARD BLVD.
WILMINGTON, N.C.
APRIL 1988 SHEET I OF 3
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NEAR SEAGATE, NEW HANOVER CO., N.C.
BY: OSPREY POINT DEVELOPMENT CO.
902: SHIPYARD BLVQ
WILMINGTON, N.C.
APRIL 1988 SHEET Z OF 3
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ON 8=0" CENTERS (MAX)
BOTTOM VARIES
6'MIN. PENETRATION
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TYPICAL PIER SECTION
NOT TO SCALE
COMMUNITY PIER
NEAR SEAGATE, NEW HANOVER CO., N.C.
BY: OSPREY POINT DEVELOPMENT CO.
902 SHIPYARD BLVD.
WILMINGTON, N.C.
APRIL 1988 SHEET 3 OF 3