Loading...
HomeMy WebLinkAbout19970967 Ver 1_COMPLETE FILE_19971117To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: STEENHUIS J J ACTING WQ SUPERVISOR: SHIVER lam- SS DATE: November 18, 1997 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 97 PERMIT NO.: 970967 COUNTY: New Hanover PROJECT NAME: 8724 Bald Eagle Lane-William F. Boucher PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE #: N/A DOT#: N/A q4 RCD FROM CDA: DCM DATE FROM CDA: November 7, 1997 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 oeo *STREAM OR ADJACENT WATER BODY: Futch Creek/AIWW 6VV? ?? CLASS: SA-ORW STREAM INDEX #: 18-87-19/18-87-(11.5 *OPEN OR CLOSED: Open s WL IMPACT: N/A WL TYPE: N/A ""k4 WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant is requesting to perform maintenance dredging of an existing channel, adjacent to eleven (11) homes on Bald Eagle Lane. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3112 for CAMA Major Permits SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes ' 970967.nov Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECONENIEENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM- E.F. Brooks John Parker P 4 4.4 DIVISION OF COASTAL 'MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William F. Boucher 9 v7()9 6 7 *41 711*041, 1,: 199, 2. LOCATION OF PROJECT SITE: Existing access channel, adjacent Bald Eagle Lane, AIWW and Middle Sound, New Hanover Co. Photo Index - 1995:22-262, M,N 5-8 1989:175-13, U,V 14-17 1984:18-233 L,M 3-6 State Plane Coordinates - X: 2382200 Y: 205800 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/8/97 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 9/8/97 & 10/20/97 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT,EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Private piers Planned - N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGF.D FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Shallow sand bottom 80,000 s .ft. (C) Other 288,000 sq.ft. Highground spoil area (D) Total Area Disturbed: 368,000 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant is requesting to perform maintenance dredging of an existing channel, adjacent to eleven homes on Bald Eagle Lane. 3 William F. Boucher Page 2 9. PROJECT DESCRIPTION The project site is an existing access channel to the Atlantic Intracoastal Waterway (AIWW) located adjacent to eleven singly-family residences, between 8637 and 8744 Bald Eagle Lane, in the Porter's Neck area of New Hanover County. The site is accessed by Porter's Neck Rd., offU.S. Highway 17-North. Bald Eagle Lane lies parallel to the AIWW extending from Futches Creek south to the Figure 8 Island Bridge, and is developed with single family residences on large lots. The access channel runs parallel to the shoreline with a perpendicular channel at each end connecting to the AIWW. The access channel was originally permitted for excavation in 1978, by State Permit #170-78, and has not been dredged since that time. Shoaling, primarily in the southern channel leg, has prompted the applicant to apply for a maintenance permit on behalf of the eleven property owners. New Hanover County classifies this area as Conservation in their Land Use Plan. The area is not a designated Primary Nursery Area by the NC Division of Marine Fisheries. The waters of Middle Sound are classified SA-ORW by the N.C. Division of Water Quality, and are open to the taking of shellfish. The maintenance proposal is to dredge the 1500-1600 feet of total channel length to a width of 50 feet and a depth of -6 feet at mean low water (MLW). Current soundings in the channel indicate the water depths average -1 foot MLW to -4 feet MLW. The dredging would end where the channel intersects the -6 feet MLW depth contour of the AIWW. The dredging is to be accomplished hydraulically. The material will be pumped to an existing USACOE spoil island, located just south and across the AIWW from the project site. The applicant has received approval from the U. S. Army Corps of Engineers to use the site. The spoil area is triangular in shape, approximately 3500 ft. x 300 ft. x 450 ft. There is to be a water control structure, with adjustable flashboards, and an effluent pipe to return the effluent to the mean low water line. 10. ANTICIPATED IMPACTS This project would create the disturbance of approximately 80,000 square feet of shallow, sandy bottom. Approximately 8000 cubic yards of material would be removed from the channel system, and placed on high ground on the spoils disposal island. Temporary turbidity increases are to be expected during the dredging activity. The project would promote continued safe boating access. Submitted by: E.F. Brooks Date: 11/5/97 Office: Wilmington r1 A Form DCM-M -1 APPLICATION (To be completed by all applicants) b. City town, communi". r landmark 11)1LMIIU6r-1 0f-) L4 C.1 1. APPLICANT a. Landowner: Name w iLL1" 1? BOUGi Address 2 7 T y C31--D 1. ?+ Z n/, c. Street address or secondary road number 7ZV ;3S r -L r Zk d. Is proposed work within city limits or planning jurisdiction?_ Yes No e. Name of body of water nearest project (e.g. river, eek sound b City W It, 1M 1" G-TC It) State /U C cr, , ay) AA 1 D ? ?l,. S ? U ? N Zip 6 Day Phone Z -1 DESCRIPTION AND PLANNED USE Fax OF l? OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. Name building a home, motel, marina, bulkhead, pier, and COMS T A+ ° excavation and/or filling activities. Address /W ? ylJ I E k) ff A) LE- DR L JYL 1 &?6, 1Z E r1 ti c,- 0 &4.,v >v c4 City Zip Fax Day Phone State c. Project name (if any) /U NOTE. Permit %Q be issued in name of landoymer(s), mid/or project name. b. Is the proposed activity maintenance of an existing project, new work, or both? M 11- 1 AJTT I` A.) IWA, G c. Will the project be for public, private or commercial use? yl?T[ 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. TH I J? P k V -3- (--F OPT -24':, 4 CH.44)tiGL FOR 11 /-tDMCc_, w W, ; W o e K-t-u I L- Z--. 2. LOCATION OF PROPOSED PROJECT a. County I" 1: W 14 AjJ 0 V /: 4!''' ,ter- TnarvC VVK?,)6-- pnyl-111-1) ,V t X l sl "ti - 1L Revised 03/95 `% Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER iy DI al i hu /4 L S r P-JIL CHARACTERISTICS S YS Tr S a. Size of entire tract // r ffo x4,?5S n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) ?/l?-R t 1; S 7!? j &,ei= wastewater, industrial/commercial effluent, "wash down" and rvddential discharges.) c. Approximate elevation of tract above /J D N/= d. Soil type(s) and texture(s) of tract !J o. DDescribe existing drinking water supply source. ' S l?l/V? QEP v 1- R )M TG 1,Vl? L L ? j907 f e. u?,J i S1l.)SA V= Vegetation on tract L lbw N ??? U'ANAGEM,E"'•T TRr.1=- f. Man-made features now on tract 5) 1yG-?- E ??'tr1 / L Y ff4' k/ ES 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site. (consult the local land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional Developed Community • A copy of the deed (with state application only) or Rural X Other 0ul i? other instrument under which the applicant claims title _ to the affected properties. If the applicant is not h. How is the tract zoned b local government? claiming to be the owner of said property, then -- forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? _)- Yes No (Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by I1" white paper. (Refer to done for the tract? Yes _)< No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ' V No 1. Are there wetlands on the site? < Yes No Coastal (marsh) Al Other If yes, has a delineation been conducted? (Attach documentation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses 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. 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 1+ rt o K I31?- ? P 1= x/ Address 7Y? i3 L! 1E= j T i r L Phone 2/d - h a6 -// 6 Name Address Phone Name Address Phone I certify that I am authorized to grant, and do in fact, /V grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. Ii rther certify that the information provided in this application is truthful to the best of my knowledge. 07 1! DIVISION OF This is the • A 1' t of revious state or federate its i %wrlifo Ni"+EN 'Z D day of V l-- , 19-2-7 work on the project tract. Include permit numbers, Print Name 1, 1 D 6C l;= permittee, and issuing dates. S ftW kS -Z7-Z7 Signature Lando~r or Authorized Agent /70-7P • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 1 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 Eidsting Project 1,pnoth Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 43 4? T L- LJ /? ?+ w .a?-rii•:p.<:s>i:,'•:::::iii a,??yi .•r.••ia i:::•ii?`?? ' ? -17 E 0 81997 i J !r)VVIS (.: N 1r COASTAL MAfgAr3 l\AENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards "i ?CC) /? ?`- b. Type of material. to be excavated 58 it /A U -D c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes K No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area S f 0 ? /,S L 1'1W i?) S ,C, f} t C w w Y-? NIX0a) ?tJAJ L b. Dimensions of disposal area 0 ? ?< Z 0 X C. Do you claim title to disposal area? Yes X_ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? S ;9 A /_= Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal. include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Ri rap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill materi ought to site? Yes al a r ? No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill V -?/ ? LJ b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes _2-, No If yes, (1) Dimensions of fill area (2) se-off-ill:' 1r - Q 1??7 ? I'-J SEP 5. GENE Dti?ls AL `SiuN t MANNGE1JiENT a. How will excavated or fill material be kept on site and erosion controlled? `rjf C- 1k) D) K r b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 'HyDRffiULte ?D?D G-r c. Will wetlands be crossed in trans orting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. ALL HOUC E Ap t jest Name Sig ure zd 1 ?Q7 Date Revised 03/95 , Aop 'PS ?Fc um p 0 v oB 1 4t na, ti° '4 -- :14t 313 i osier __ .r4 -` It/9 ,. L4Ql uu y9 nu n, .04 oy. m n 4 ,y1 NEW HANOVER COUNTY NORTH CAROLINA MMM GAMOLM WAN&WO Or TRANOMADCH 010, 0 MO?../fMYMp Y? d1O BYO N L41L / /i BALD EAGLE LANE a WORK SITE PORTERS NECK i ,? SPOIL SITE / / 1997 TH L NIA.: s a. 163- Loa Im, o? L44! .,? lit ?v?Q Ll id? A., / ` / SITE LOCATION MAP a , ??.. MAINTENANCE DREDGING PROJECT AT PORTERS NECK WILMINGTON, NEW HANOVER CO., N.C. BY WILLIAM F. BOUCHER 8724 BALD EAGLE LANE WILMINGTON, N.C. DRAWN BY: Wm. H. WARREN, JR. eI ICI IQT 1007 SHEET C OF 4- AN \ 05- )z oll? ON FS EXIS1A,0 dpN NNEL S CHA PORTERS NECK ?pNFpRO'?, / ) / 'k S / MARSH GRASS y ?0 /? / ? // y W Q1 7P 0 ? 1997 ?? /o / Pv / ? w ui.V iUN 0F /ci?`'// OASTAL MANAGEMENT SEE SHEET FOR MAINTENANCE AREA / P % / ? ? Cy4/yNF SEE SHEET / / o ? L FOR AVAILABLE SPOIL AREA / . 1 / / AS° ? y / ? ? / MAINTENANCE DREDGING PROJECT ? ? / AT PORTERS NECK `t WILMINGTON, NEW HANOVER CO., N.C. 400 200 0 400 BY WILLIAM F. BOUCHER 8724 BALD EAGLE LANE SCALE IN FEET WILMINGTON, N.C. DRAWN BY: Wm. H. WARREN, JR. - AUGUST 1997 SHEET Z OF- I I XISTING PIER (r I(TYPICAL) LEISTER T 1 4 O J MAINTENANCE DREDGING aARKER J TO -6.0 AT LOW WATER I ? 1 ?O 0 GRANT I ? LLLo S_?_LJ. ?-So J I? SPENCER -i L I ' BOUCHER 11 o ? O %- Q ? r A /% 'r z z r I j r SPIVEY w ? I 1 I z 1 Z H I N TAYLOR 41 r I I L I L 1 PENLEY ANDREWS C. JONES CRAWFORD i- J EXISTING ACCESS CHANNEL DREDGING TO -6.0 LW O O 1 ?. % 0 tK- ...'..10._...x':.". 4 x 10 I : . ::::.::. -' o t 7 A O O O ? o III ? J o r- r MAINTENANCE DREDGING TO -6.0 AT LOW WATER I L MAINoTENANCE DREDGING PLAN I L, ?- SCALE IN FEET i o _. _... _. .. _ _ 1 I 3 3 J N Q 0 U Q z U H Z Q Q I I' U 1 W ` m o I I I / / Ld / z I z z U 0 O f - Q 3' JI I I\ 1 ?; Ii II `J ET Q 1g"j r? DIVISION QE 0- ASTAL MANAGEMIIENT INDICATES SOIL SAMPLE LOCATION (THREE LOCATIONS INDICATED) O ti 1?. t /MAINTENANCE DREDGING PROJECT AT PORTERS NECK WILMINGTON, NEW HANOVER CO., N.C. BY WILLIAM F. BOUCHER 8724 BALD EAGLE LANE WILMINGTON, N.C. DRAWN BY Wm. H. WARREN, JR. AUGUST 1997 SHEET 3 OF,3 r ol/ EXISTING SPILLWAY PIPE - EXISTING \ STILLING \ BASIN N ? MARSH GRASS o EXISTING SPOIL AREA 3 o 300't. EXISTING RETENTION DIKE V SPOIL AREA 100 0 100 , 1997 SCALE IN FEET OF L) V 4P GFgjFN TAL NlA" ' OAS MAINTENANCE DREDGING PROJECT AT PORTERS NECK WILMINGTON, NEW HANOVER CO., N.C. BY WILLIAM F. BOUCHER 8724 BALD EAGLE LANE WILMINGTON, N.C. DRAWN BY: Wm. H. WARREN, JR. G OF,6 AUGUST 1997 SHEET EDGE OF EXISTING STRUCTURE DOCK, PIER, GAZEBO, ETC. 50' DREDGING LIMITS - - - - - - H W==+4'-2 - LW=0.0 --------------------------------- ---------- --? EXISTING BOTTOM VARIES CUT TO -6.0 SECTION B NOT TO SCALE 50' DREDGING LIMITS - - - - - - - HA=--+4,.Q- - LW=0.0 EXISTING BOTTOM VARIES !7 17, CUT TO -6.0 SECTION A NOT TO SCALE 8• EXISTING SPOIL AREA VARIES STILLING BASIN SPILLWAY PIPE 5 TO BEYOND LOW WATER 1.5 .......... * SPOIL DEPTH VARIES ::::::::::::::::::•:::: i ' .::::::::::::::::::. :. DIKE f IKE D $:•:itiC•: s :':::•:\ \n ?? i I I SILT FENCE ALL SILT FENCE EXISTING SPOIL AREA SECTION ALL AROUND A AROED). 1 G? - ?f n i (IF REQUIRED) (IF RE4UIRED)v I ( ;?;,• 71 NOT TO SCALE i ; J "--'GASTAL MANAGENIEN T NOTE: ELEVATIONS BASED ON LW = 0.0 MAINTENANCE DREDGING PROJECT AT PORTERS NECK WILMINGTON, NEW HANOVER CO., N.C. BY WILLIAM F. BOUCHER 8724 BALD EAGLE LANE WILMINGTON, N.C. DRAWN BY: Wm. H. WARREN, JIB---- i? AUGUST 1997 SHEET v OF,?6 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 24, 1997 IN HtVLY HW'th 1 U Regulatory Division Action ID No. 199708815 OFD 7 ?jG Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of William F. Boucher for Department of the Army authorization and a State Water Quality Certification to perform maintenance dredging of a 1,500 to 1,600-foot long 50-foot wide existing channel to a depth of -6 feet mean low water, with the material pumped to an existing US Army Corps of Engineers spoil island, at Porters Neck along the Atlantic Intracoastal Waterway near Wilmington, New Hanover, 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 authorizing the proposed activity pursuant to Section 10 of the Rivers and Harbors Act. However, we have determined that a water quality certification is 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 24, 1998, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned of the Regulatory Division, telephone (910) 251-4636. Sincerely, of fro' H. Richter Project Manager Wilmington Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director AMMORANDI M: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 6, 1997 Mr. A. Preston Howard, P.E., Director Division of Water Quality John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William Boucher C? --7- v ?6 ? Existing access channel adj to Bald Eagle Lane, off of the AIWW in Middle Sound in Wilmington, New Hanover County To perform maintenance dredging of an existing channel, adj to 11 homes on Bald Eagle Lane Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 1, 1997. If you have any questions regarding the proposed project, please contact E. F. Brooks at extension 247. 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 JXW 7 i 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 0 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p F= H N F1 A. Preston Howard, Jr., P.E., Director December 3, 1997 New Hanover County WQC 401 Project #970967 APPROVAL of 401 Water Quality Certification Mr. William Boucher 8724 Bald Eagle Lane Wilmington, NC 28405 Dear Mr. Boucher: You have our approval, in accordance with the attached conditions, to dredge in 80,000 square feet of waters for the purpose of conducting maintenance dredging at the existing channel adjacent to Bald Eagle Lane , as you described in your application dated November 17, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, ston 'Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM 970967.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper