20061877 Ver 1_COMPLETE FILE_20060126

Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 061877
New Hanover County
Tangle Oaks Club Marina, Inc.
c/o Rudy V. Daughtry
Route 5, Box 497
Wilmington, NC 28403
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 27, 2006
Subject: General 401 Water Quality Certification #3494
Tangle Oaks Marina bulkhead addition
Dear Mr. Daughtry:
The Wilmington Regional Office received your application for a CAMA Major Permit from the Division of
Coastal Management dated December 1, 2006 to construct a bulkhead waterward of the existing bulkhead. You
are authorized to proceed with your project as proposed under General Water Quality Certification (WQC) # 3494
(enclosed). This Certification can also be found on line at: htt2://h2o.enr.state.nc.us/ncwetlands/certs.html. This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues
it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all
of the conditions of the General Water Quality Certification.
If at anytime during construction of your project you determine that you cannot meet these conditions or if there
are any additional impacts to wetlands or water quality not described in your application, you must contact
this office immediately.
If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215.
Sincere/l?y
Noelle Lutheran
Environmental Specialist III
Enclosure: GC 3494
cc: Charles Duncan - Duncan Marine
Dave Timpy, USACE Wilmington
Robb-Mairs, DCM Wilmington
Doug Huggett, DCM Morehead City
Ian McMillan, DWQ.401 Oversight Unit
Central Files
WiRO
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JAid.B 2007
DEh1R - WATER QUALITY
V0LANDS AND STC1,4 AWATER BRANCH
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicet-877.623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterguality.or¢ NorthCrolin
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper orthiCarolina
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 1, 2006 2. 0 06 1 8 7 7
MEMORANDUM: p ??pYJ[ D
(? D
TO: Cyndi Karoly, Supervisor DEC 6 2006
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection aENR-WATER QUALITY
vEnArtosAND MMMTER BR" H
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: Tangle Oaks Yacht Club, Inc. c/o Rudy V. Daughtry
Project Location: 5233 Marina Club Dr., adjacent to the AIWW / Myrtle Grove Sound, in New
Hanover County
Proposed Project: To construct a new bulkhead waterward of existing-bulkhead
.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by December 27, 2006. If you have any questions regarding the proposed project,
please contact Robb Mairs at [phone], when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE

127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Tangle Oaks Yacht Club, Inc. c/o Rudy V. Daughtry
2. LOCATION OF PROJECT SITE: 5233 Marina Club Dr., adjacent to the AIWW/ Myrtle Grove
Sound, New Hanover County.
Photo Index - 2006: 21-7383, P,Q-4 2000: 21-263, Q, 4 1995: 21-246-22, P, Q-13
State Plane Coordinates - X: 2342937 Y: 141527
Latitude: 34°08'00.49990"N Longitude: 77°52'00.65396"W
3. INVESTIGATION TYPE: CAMA/D & F ROVER FILE 4 - 0-101217A.
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/12/06
. Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - 11/17/06 (completed)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW,ES, EW,PT,OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County System
Planned - N/A
(F) Type of Structures: Existing - Townhouses, bulkhead, and marina facility
Planned - New bulkhead
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Low Marsh) 60 sq. ft.
(B) Non-Vegetated Wetlands
(Open water) 60 sq. ft.
(C) Other (Highground) 600 sq. ft.
(D) Total Area Disturbed: 720 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of an existing
bulkhead.
Tangle Oaks Yacht Club, Inc. c/o Rudy V. Daughtry
Page 2
9. PROJECT DESCRIPTION:
The project site is located at the end of Marina Club Road within the Tangle Oaks Subdivision and
marina, adjacent to the AIWW/ Myrtle Grove Sound, in New Hanover County. To find the property, take
College Road south from Wilmington towards Carolina Beach. Turn left onto Piner Road at the
intersection of S. College Road and NC Hwy 421, and follow until you reach a stop sign at Myrtle Grove
Road. Turn left onto Myrtle Grove Road and take the last right into the Tangle Oaks Subdivision, just
before reaching Masonboro Loop Road. Continue traveling east through the subdivision until you reach
the nine multifamily townhouses-located at-terminal end of the subdivision, adjacent to the AIWW. The
applicant's highground development includes these nine townhouses, which are located along the boat
basin and access channel of the marina facility. There are also townhouses located on the southern end
of the property, which boarder the AIWW and the marsh area to the south. The approximately 2000' of
shoreline of this 8.4 acre section of the subdivision is stabilized by wooden and new fiberglass
bulkheads. The property averages 6 to10 feet above mean sea level. Upland vegetation consists of
ornamental shrubbery and lawn grass. Located waterward to the existing bulkhead on the southern end
of the property is an area of coastal wetlands averaging approximately 50 feet in width, consisting
primarily of Smooth Cordgrass (Spartina alterniflora).
The applicant currently maintains an active State Permit No. 130-87 for the maintenance excavation of
the marina basin and channel. The applicant recently requested a renewal of this permit on November 9,
2006. The applicant recently received a CAMA/Dredge and Fill General Permit No. 46123 on
November 3, 2006, for the installation of a new bulkhead located on the northern side of the marina
basin and channel. The applicant also received aNotice of Violation (NOV) on September 20, 2006 for
the installation of a new, approximately 400 linear foot fiberglass bulkhead two feet waterward of an
existing failing bulkhead along the shoreline that faces the AIWW and the property to the south. The
work initiated did not incorporate any wetlands, however the contractors were poised to incorporate
coastal wetlands in a.30' section of new wall prior to the stop work order. The contractor tied back the
new bulkhead to the old bulkhead to avoid incorporation of coastal wetlands. The NOV was resolved as
on September 26, 2006.
The New Hanover County Land Use Plan classifies adjacent waters and high ground area of project site as
Conservation. The waters of Myrtle Grove Sound are classified SA-ORW by the Division of Water Quality.
They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are
OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a bulkhead waterward of an existing bulkhead. The new 30 linear feet
section of bulkhead would complete the work that was intended prior to the issuance of the NOV on
September 20, 2006. The application states that this section of new bulkhead would be constructed to
prevent the existing bulkhead from failing, which could potentially result in the loss of backfill into adjacent
wetlands. The bulkhead would be aligned so as not to exceed an average of 2' waterward of Normal High
Water (NHW).
Tangle Oaks Yacht Club, Inc. c/o Rudy V. Daughtry
Page 3
?? t6
10. ANTICIPATED IMPACTS:
The proposed'new bulkhead would incorporate approximately 60 sq. ft. of Estuarine Waters and Public Trust
Area and would result in the filling of approximately 60 sq. ft. of Coastal Wetlands, vegetated primarily with
Smooth Cordgrass (Spartina alterniflora). The project would result in the disturbance of approximately 600
sq. ft. of highground area as a result of the bulkhead back fill and installation of the tie-back/anchor system.
Submitted by: Robb Mairs Date: 12/01/06 Office: Wilmington
Form DCM-MP-1
APPLICATION'
(To be completed by all applicants)
0a I a 7
b. City, town, community or landmark
1. APPLICANT / ? V 6r`
?C;
UT??
a. Landowner: 1 0-
Name 7,w,rnTna:ks t!-.LI.LQ I ?nC d.
1l?11?? Address Lu*C S, aox q?7
e.
City _ 2 // _ State
Zip 2%0 Day Phone ?(aC?2D
Fax G'/D-2r&-01717
b. Authorized Agent:
Name SI Un C'G<A 4±LeJn r C2 -
Address 2 7 Z r 2-? ,?/ ? ?laara l?-
city __?.lrt?J • State
Zip 2 f' YO Day Phone q 4P - r2 D -15-44 '9
Fax _ Z2 - 2 5-4, - ©l 7 S-
c. Pro'ect name (if any) Zil0 h' , ?i11
n 'H r e rtd.
NOTE. Perndt will be iss"d in aunt of Lw dm~,(s), mid/ar
projea name.
2. LOCATION OF PROPOSED
PROJECT
a. Co unty/L'??_ft??? ?vr?
Street address or secondary road number
Lsg;ia 7
- '-`O
/havJrla &",6 ?f1vec
Is proposed work within city limits or planning
jurisdiction? _ ) Yes No
Name of body of water nearest project (e.g. river,
creek, sound, bay) 2714ee a,,,5 A,1
kv?))44-
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/or filling activities.
e-*Y 51 17 tAr `
b. Is the proposed activity maintenance of an existing
project, new work, or both? di4L, Jo/IC
Will the project be for public, private or mmercial
,Ouse? vasp
1 f d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. ,/?v/ iG

CM WILMINGTON, NC
NOV 0 7 2006
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
I l i.l,oti
• ?G Q?r{S
iel"a- Size of entire tract $
D? b. Size of individual lot(s) &A
Approximate elevation of tract above MHW or
NWL (c ID
??.
d. Soil type(s) and texture(s) of tract
Sealy se
e. Vegetation on tract Sim r c-?J`:scs OF
l/`,?.pk ?yli?r.Sh /v r•/1.55 j/1S;?lt /7ylKln.rkGl //rHinrti,?
1 Man-made features now on tract -
?,,a4g. What is the CAMA Land Use Plan land
classification of the site? (Consulr the local land use plan.)
_ X Conservation Transitional
Developed Community
Rural Other
h. How is the tra ne/d by loc 19ov rnment?
Gil H/riLGS (.OHOS .
l',? o k
(1 m. cribe existing wastewater treatment facilities.
?yv ? ? Y u.?SFt,v rte"
n. Describe location and type of discharges to water
of the state. (For example, surface runoff, sanitar
wastewater, industrial/commercial effluent, "was
down" and residential discharges.) -
11115
o Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, tl
following items must be submitted:
® A copy of the deed (with state application only) (
other instrument under which the applicant claims tit
to the affected properties. If the applicant is n
claiming to be the owner of said property, the
forward a copy of the deed or other instrument undo
which the owner claims title, plus written permissic
from the owner to carry out the project.
i. Is the proposed project consistent with th ale
zoning? X Yes No (}(? / ' I V F C)
(Anach zoning compliance cerrificare, ifapplirablc?l WI LMINGTO3\i.
j. Has a professional archaeological assessmeOnf been 2006
done for the tract? Yes No
If yes, by whom? N/A
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _,2L No
1. Are there wetlands on the site? _,,X, Yes No
Coastal (marsh) %,? Other
If yes, has a delineation been conducted? .,ahl
(Attach documentation, if available)
6; an accurate, dated work plat ('including plan vie
and cross-sectional drawings) drawn to scale in blac
ink on an 8 1/2" by I1" white paper. (Refer i
Coastal Resources Commission Rule 7J.0203 for
detailed description.)
Please note that original drawings are preferred an
only high quality copies will be accepted. Blue-lir
prints or other larger plats are acceptable only if a
adequate number of quality copies are provided b
applicant. (Contact the U.S. Army Corps c
Engineers regarding that agency's use of large
drawings.) A site or location map is a part of pl,
requirements and it must be sufficiently detailed t
guide agency personnel unfamiliar with the area to th
Form DCM-MP-1
site. Include highway or secondary road (SR)
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.
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.
Name I certify that I am authorized to grant, and do in fact,
Address -2 6,0 4"a e r, Ut,1_1% A. Nd. grant permission to representatives of state and federal
Phone 2?y0 r review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name '/Yl/. /1 Lr U?,,? J permit application and follow-up monitoring of the
Address 23 ? :5?? 41111 /A1111 _441,921"ZId Z0101 project.
Phone
Name
Address
Phone
I further certify that the information provided in this
application is truthful to the best of my knowledge.
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
?.?,4to ermittee, and issuing dates.
This is the _Z day of -Al 0, , 0 Zoa (o
Print Name c? 1
Signature-
lando"er or Awhorized .!gent
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources ?i?7 ?raect.
(DEiNR) to cover the costs of processing the
application. DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
° A statement of compliance with the N.C. NOTE: Please sign and date each attachment in th,
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public RECEIVED
funds or use of public land's, attach a statement DCM WILMINGTON, N
-documenting compliance with the North Carolina
Environmental Policy Act. NOV 0 7 2006
\ 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
Existing Project
Length Width Denth iipnth
Access
channel
(MLW) or (NFL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

1. EXCAVATION
a. Aknoun of material to be excavated fro below
or NWL in cubic yards
b. Type ofterial to be excavated 211,4
c. Does the area to
wetlands (marsh),
(SAVs) or other w+
d. Highground zcava
?d include coastal
aquatic vegetation
yes No
??_s? /4
2. DISPOSAL OF EXCAVATE
MATERIAL
a. Lon of disposal area
b. Dimensions o posal area
c. Do you claim title to ' pal area?
Yes No
If no, attach a :ter granting p ission from the
owner.
d. Will disposal area be available future
mai enance? Yes No
yes, where?
Revised 03195
Form DCM-MP-2
e. oes the dis<ad
oastal wetlands
(m , SAf_ Does the d' n the water?
es
3. SHORELINE STABI
LIZATION
a. Type of shoreline stabilization
?_ Bulkhead Riprap
b. Length ?50c. Average dis`ance waterward of MEW or NWL
2'
d. Maximum distance waterward of MHW or NWL
21
e. Shoreline erosion during preceding 12 months
/vDAle
(Source of inform.*on)
f. Type of bulkhead or rprap material F;je'?AJS
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfiiI 60 h. Type of fill material
i. Source of fill material
4. OTHER FILL A(Excluding Shoreline Stabilization)
W iII fill material b ought to site?
yes, No
,A , y
yes,
(1) Amount of material to be pia in the
water
(2) mensions of fill area
(3) Purpo of fill
b. Will fill material aced in coastal wetlands
(marsh), SAVs or o wetlands?
Yes N /V/
If yes,
(1) Dime ons of fill area
(2) Pp6ose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
- J11
b
c.
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Will wetlands be crossed in transporting equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
c?L?`?LeC1 ?Gu131.?Y- ???LI?IK?°4?
App' Project Name
s'tgna
Date
ReYised 03/95
VOODS PROPERTY OF:
TOM TUDGAY
AND
5200 WOODSCAPE DR.
i
BRUSH)
WILMINGTON, N.C.
--PROPERTY EXISTING
LINE
q
----------------------------------------------
EBB EXISTING
F O ENTRANCE CHANNEL
EXISTING
#5 GALV. ROD,
LENGTH AS REQUIRED
NEW WALL
?4"x6"
6'X6" ON
5'-0" CTRS.
HIGH WATER---
CONCRETE FILTER CLOTH
ANCHOR
-- -- -- _ - 2'x9' T&G
BULKHEAD REPLACEMENT PLAN
60 30 0 60
SCALE: 1"=60'
30 LF NEW
BULKHEAD -
O?-
1,r x2?F
EXISTING BULKHEAD ?? . .
PROPERTY UNE a • +
PROPERTY OF: MARSHGRASS J
MARK EVANS
233 SEAGULL LANE
WILMINGTON, N.C.
A
i w
I 0
>IVA 1<6
i w
I a
i
I
LJ
TYPICAL BULKHEAD SECTION A
Z NOT TO SCALE
0

C
r
r

m
o?
BULKHEAD REPLACEMENT
I FOR: TANGLE OAKS YACHT CLUB
i DAVE POLOVICK (PRES.)
5247 MARINA CLUB DRIVE

o WILMINGTON, N.C.
/ NEW HANOVER COUNTY
BY: DUNCAN MARINE CONTRACTORS
2725-9D OLD WRIGHTSBORO RE
WILMINGTON, N.C.
DRAWN BY. WILLIAM H. WARREN, JR.
1 OCTOBER 25, 2006 SHEET OF
REVISED NOVEMBER 14, 2006

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401 Projects
Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Tue, 02 Jan 2007 10:10:46 -0500
To: Doug Huggett <[e-mail]>, Ian McMillan <[e-mail]>,
[e-mail]
The following projects were issued a GC letter on December 27, 2006.
Tangle Oaks Marina bulkhead addition DWQ # 061877 New Hanover County
Wilmington Hilton Bulkhead DWQ# 061910 New Hanover County
I I of 1 1/2/2007 10:09 AM