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
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-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
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NEW HANOVER COUNTY
NORTH CAROLINA
MMM GAMOLM WAN&WO Or TRANOMADCH
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1997
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SITE LOCATION MAP
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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-
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SEE SHEET
FOR MAINTENANCE AREA
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? / MAINTENANCE DREDGING PROJECT
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`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-
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DIVISION QE
0- ASTAL MANAGEMIIENT
INDICATES SOIL
SAMPLE LOCATION
(THREE LOCATIONS INDICATED)
O
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/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
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300't.
EXISTING RETENTION DIKE
V
SPOIL AREA
100 0 100 , 1997
SCALE IN FEET OF
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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
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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
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;
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"--'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
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