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HomeMy WebLinkAbout19980198 Ver 1_COMPLETE FILE_19980206IF I State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES APPROVAL of 401 Water Quality Certification Mr. Robert McGinnis 2459 Sunfish Street Supply, NC 28462 Dear Mr. McGinnis: April 29, 1998 Brunswick County WQC 401 Project # 980198 You have our approval, in accordance with the attached conditions, to place fill material in 320 square feet of wetlands or waters for the purpose of installing a bulkhead, as you described in your application dated March 26, 1998. 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 for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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. 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 r 9801981tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper NCDEHNR WIRO Fax:9103502004 Apr 27 '98 11:19 3zaze or morzn t.aroima f ? ? ?"Tlepartmen# of t:nvironrnent ? f F, 4-, F, 1 .-end Natural Resources A Wilmington Regional Office MAR j V 199$ ""' DiV1sl01I Of Coastal Af=gernent 3Y: James B. Hunt, Jr., Governor NCDENR Wayne McDevitt, Secretary EWRONMENTAh1D NNLrqu. REsoLPczs Roger N. Sahecter, Urector March 6, 1998 AVAMEANDY TO: Mr.. A. Preston Howard, P: E., Director Division of Water Quality.... FROM:. John R. Parker . '.: :mijor-Permw Procr,,pin-To Wtor'.. SUPJECT: CAMA/DRED013.4 MI:L'Permit Application Review P. 02 Applicant: -Robert more nnis = „ :...Projetk ucation: 119..Tawn F1ri e,' Holden acb.: grmsmvici€ County Propowil.)"00: ; amsmicuon.o€a. 56'bti?xad-40&0.bacIM.320 s_f of intertidal area behind.. the proposed buMead? alignment : . Please:•ioipi to below your•agencJ!'s.`positioir`.ar viewpoint oiE the prop el project and return.Ais, farms by Marc i:27, 1998. if Yoe have at#Y cluestion? legardIi g, the praposed project, please contact Jerry A. l?arkir.at tension 254, Wlieir•apprnpriate;: is-depth comments with supporting data is requested. - 1s-agency:has.n6 ob,} ation46_tlfe:projectis proposed. This. agency has no commen on-the.proposed project. This agency $gproves,`af:, the project', -only if the. recommended changes -are. h=rpbrated. See attached. 'Phis agency objet s-to:the'prra?e'ct far,reasons-described -b the •gmehed comments. SIGNED DATE 127 North CaralirWDrive, Wilmington, N,C..'28405,3845-e tife7pthone•97:07-395.390,0 a Fax 910-350,2004,' An Equal Opportunity Afflimatlvd•Aotion. EFnployar r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert McGinnis 2. LOCATION OF PROJECT SITE: 119 Tarpon Drive Lot 269 Holden Beach, Brunswick Co. NC Photo Index -1295: 4-35, gr S,9 1989: 185-3, gr J,13, 14 1984: 7-51 gr N, 11 State Plane Coordinates - X: NA Y: NA 3. 4. 5. 6. 7. INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date of Site Visit - 11-18-97 Was Applicant Present - Agent: Pauline W PROCESSING PROCEDURE: Application Received - cc: 2-11 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Holden Beach Land Classification From LUP - Limited Transition - Low Density Residential (B) AEC(s) Involved: PT,EW,ES CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - None Planned - N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands Spartina 1)a tens 320 sf Spartina alterniflora Distichlis spicata (B) Non-Vegetated Wetlands (C) Other (D) Total Area Disturbed: 32U sq. tt. (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a bulkhead (50 l.f.) along a vacant lot landward of mean high water and to backfill intertidal area (320 sq. ft.) behind proposed bulkhead alignment. Robert McGinnis Page 2 9, PROTECT DESCRIPTION The project site is a vacant lot (Lot 269) located on the western side of Tarpon Drive in the town of Holden Beach in Brunswick County. The street address of the lot is 119 Tarpon Drive which is situated in Harbor Acres Subdivision. The lot is bordered by Canal No. 5 on the west side which is a man-made channel connected to the AIWW. Although the lot is located in a residential area, there are presently no structures on the lot. The waters adjacent to the lots are classified as SA waters which are closed to the taking of shellfish. The waters are not designated primary nursery area waters by the Division of Marine Fisheries. Adjacent lots on both sides are bulkheaded with wingbacks extending landward of mean high water on both sides of the lot. The mean high water boundary of the lot aligns 24 feet landward of the existing bulkhead on the southside lot and 7 feet landward of the existing bulkhead on the northside lot. However, there is an approximately 20 ft. X 10 ft. depression along the middle 1\3 waterward boundary of the lot in which mean high water extends. Wetland species waterward of mean high water include mostly Spartim alterniflora with small interspersings of Spartina patens and Distichlis sDnicata. There was no coastal wetland vegetation landward of mean high water. The applicant proposes to construct a bulkhead the entire length of the lot landward of all coastal wetland vegetation. However, due to the depression along the middle third of the lot, the proposed bulkhead alignment exceeds the ten foot maximum distance from mean high water allowed under a CAMA General Permit. In addition, the U.S. Corps of Engineers is requiring a Nationwide 18 Permit before filling activity can take place since the proposed alignment is waterward of the 404 wetland line. State Regulation 113A-118(d) (1) states "A major development is any development which requires permission, licensing, approval, certification or authorization in any form from ... any federal agency or authority;" also T15A: 07H .1105 (c) states " Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be positioned so as not to exceed more than an average distance of 5 feet waterward of the mean high water mark or normal water level contour, whichever is applicable. In no case shall the bulkhead or riprap be positioned more than 10 feet of the mean high water or normal water level contour at any point along its alignment. " Thus, the proposed work necessitates granting of a major permit from Coastal Management. The depression appears to have developed as a consequence of a large fallen cedar tree which ultimately resulted in an exposed root system severely undermined by erosion. The applicant wishes to fill that area with approximately 45 cubic yards of backfill material in order to achieve the desired alignment. The proposed alignment is not only landward of all coastal wetland vegetation but also landward of either existing bulkhead alignments on the adjacent lots. 10. ANTICIPATED IMPACTS The proposed project would incorporate approximately 320 sq. ft. of unvegetated intertidal bottoms. A bulkhead would change the existing situation where increased erosion appears to be the result of the fallen cedar tree. The applicant anticipates the project requiring approximately 45 cubic yards of backfill material to be placed below mean high water. Submitted by: Jerry A. Parker Date: March 5, 1998 Office: Wilmington Form DCM-MP-1 1 =i U? 7'%7g APPLICATI I J. O 1 1 N"\jjj (To be completed by all applicants) L b 1 19J$ -? ?^ 1. APPLICANT a. Landowner: Name Robert McGinnis Address 2459 Sunfish Street city supply State NC Zip 28462 Day Phone 910-842-:7332 Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE. Permit will be issued in nano of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick DIM 0N, U. COASTAL MANAC E1,AF-NT b. City, town, community or landmark Holden Beach c. Street address or secondary road number 119 Tarpon Drive d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Canal No. 5 (connects to Atlantic Intracoastai Waterway. 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. Construction of wooden bulkhead from ex- isting bulkhead on Lot 268 to exis ing bulkhead on Lot 270 and c i Sa. Ft. See attached plat. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? private 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. Purpose: Shoreline stab- alization. Methods o Construction: Pile driver, dump trucks, seeding an mulching, jetty pump. Daily operations: Genera o mainten- ance. Revised 03/95 Form DCM-MP-1 'n 1 ??JL 4. LAND AND WATER- JA V i CHARACTERI, TACT AL MA14AGcM?E}tT a. Size of entire tract 5,001.4 Sq. Ft. b. Size of individual lot(s) 5,001.4 Sq. Ft. c. Approximate elevation of tract above MHW or NWL 5.0 Feet N.G.V.D. d. Soil type(s) and texture(s) of tract Coarse Sand e. Vegetation on tract f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? R-1 Grass in. Describe existing wastewater treatment facilities. None n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. Public water system 5. ADDITIONAL INFORMATION 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 properties. If the 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 claims title, plus written permission from the owner to carry out the project. i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j• Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (Attach documentation, if available) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" 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 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 Form DCM-MP-1 Li?t FEB 11 19-98 ` site. Include highway or secondary road ( kJ i S 1; G N ;W r numbers, landmarks, and the like. COASTAL MAIWA EbjE TIFICATION AND PERMISSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND • 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 Gerald Robert Mowery I certify that I am authorized to grant, and do in fact, Address 117 Tarpon Dr. Holden Beach, NC 28462 grant permission to representatives of state and federal Phone 910-842-4560 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Brent S. Shaver ppermit application and follow-up monitoring of the Address 1007 Emery Circle, High Point, NC 27267 roject. Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of 19 a 0. Print Nam f /`?? l ?itJZ S Signature wLevfi / Landowner or Aut riled Agent • 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. • 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. 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 NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 f 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 Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) T7 I J? L - E J 11 ?Ggg 31 V c N 0 OOA,S I AL MA'(,11AGi=% ENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area X Bulkhead Riprap D- r 1 R ?'` Purpose of fill b. Length 50 Feet 1 r E 11 1999 J c. Average distance waterward of MHW or NVIL '!, S1 C) N 0 P COART41 AAA aAGc'PO N i S. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? New bulkhead, seeding and mulch (Source of information) f. Type of bulkhead or riprap material wooden bulkhead b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Pile driver, dump truck, jetty pump (1) Riprap (2) Bulkhead backfill 45 c. Will wetlands be crassed in transporting equipment h. Type of fill material Sand to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material Off site: approved mine. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No ReAwd 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No If yes, a. Type of shoreline stabilization ;- - _, (1) Dimensions of fill area X Bulkhead Riprap IO Purpose of fill b. Length 50 Feet i n I /J E .i t 1 ? IgC4 L=/ c. Average distance waterward of MHW or NW.L, V; t p ?.?n AR Ttlf ii A !,1A rC Y1 E 0A . 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? New bulkhead, seeding and mulch (Source of information) f. Type of bulkhead or riprap material Wooden bulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 45 h. Type of fill material Sand- i. Source of fill material Offsite: approved mine. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Pile driver, dump truck, jetty pump c. Will wetlands be cr3ssed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. a. Will fill material be brought to site? Yes No Rev6ed 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial _ (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (1) Length(s) Private (L Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or . wetlands rloio?17?D FEB 11 1998 DIVISION; OF COASTAL MA14AGEMENT e. Mooring buoys (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) Wooden bulkhead from existing bulkhead on Lot 268 to existing u ea on 270 and backfill 320.4 Sq. Ft. See attached plat. Ap li t or Project e ' k1 M Signature J v // --e fi Z- Date Revised 03195 I HEREBY CERTIFY THAT THE SURVEY IS A TRUE AND CORI OF LAND SURVEYED AND PLA AND IS IN ACCORDANCE WITH PRACTICE FOR LAND SURVEYI THOMAS W. L N N U ? z O ? ao zz M: 0 O J Zd oF- ?z O O IJ U O' O Zr ,,,,,.111 „ VIII ''• •` CAR • ? . ???TEAFp'•. . AVON TIE LINE: COMMENCING AT MONUMENT "HB 16", (N.C. GRID COORDINATES: N - 58,256.979 ' ' ' R ERV{?1ON My ( H L i N 1026.54 FEET TO MONUMENT 57 40 AND E = 2,202,587.420); THENCE S 80 HB 17", (N.C. GRID COORDINATES: N = 58,090.776 AND E - 2,201,574.423); 7'00'17"W ' " n1 C6 OL{?1 W 308.62 FEET TO A P.K. NAIL; THENCE N 0 THENCE S 82'15 49 " " .8 6 L? A ; 437.82 FEET TO A POINT; THENCE N OT27'16"W 40.42 FEET TO EIP @ _ THENCE S 03'00'51"E 50.05 FEET TO EIP "B". ALL BEARINGS ARE ORIENTED ALL DISTANCES ARE HORIZONTAL GROUND 1927 D Z •. •.•' ?Q" ?.? . . TO N.C. GRID NORTH, N.A. DISTANCES. I I i I LOT 267 I LOT I 268 EXISTING I /BULKHEAD MEAM HIGH 2.9' WATER , N.G.V.D. 19.58 5.1 JAN., 1998 z z o W ? o . co Z Q0 (A 0 s U1 PROPOSED WOODEN BULKHEAD 15.74 8• EIP N 87'13'13" E 100.0 12 75.40 FLAGGED 404 LINE LOCATED JAN., 1998 +•9' PROPOSED FILL AREA 320.4 SQ. FT. LOT (VACANT9 LOT) o 5,001.4 0 5.2' SQ. FT. to 75.95 EIP S87'15'50 "W 1000 EXISTING I BULKHEAD I I HARBOR ACRES SUBDIVISION MAP BOOK 8, PAGE 13 NOTES: * LOT 269 IS IN FLOOD ZONE "AE", BASE FLOOD ELEVATION = 16 FEET. 30 0 SCALE 30 1" = 30' 60 FEET VICINITY MAP LEGEND: NOT TO SCALE EIP 0 EXISTING IRON PIPE (FOUND) NRBO NEW RE-BAR (SET) ERBO EXISTING RE-BAR (FOUND) WATERW CM A CONCRETE MONUMENT IN?pC0A5 AL SWORDFISH PK 0 PK NAIL D R/R O RAIL ROAD SPIKE SEASIDE HOLDEN CL CENTERLINE DR. SAILFISH BEACH, N.C. TP O TELEPHONE PEDESTAL DR. b UTILITY POLE EB ? ELECTRICAL BOX ARPON " EW SITE EEAAN VI ATLANTIC + SPOT GROUND ELEVATION DR. WEST _ OCEAN - AU -AERIAL UTILITY LOT 270 T ERB FEB 11 19 8 DIVISION OF COASTAL MANAG MENT Ln 0 0 w D C „A„ =B EIP I „e,. EIP B TP I- 0 mo Url 0 C I? to z o un, ?m z mom ERB O: m r?Z LOT 271 v ?> o m 5 Q O i -U ?Z Z m U 1998, BRUNSWICK SURVEYING, INC. BRUNSWICK SURVEYING, INC Thomas W. Morgan, R.L.S 1027 Sabbath Home Rd. , SW Supply, North Carolina 28462 (910)842-9392 Plat Of Survey For ROBERT McGINNIS MADE FROM LOT 269, (119 TARPON DRIVE), HARBOR ACRES SUBDIVISION (MAP BOOK 8, PAGE 13). HOLDEN BEACH, NORTH CAROLINA AND EXISTING PHYSICAL EVIDENCE. TOWNSHIP COUNTY STATE DATE LOCKWOOD FOLLY BRUNSWICK NORTH CAROLINA 1-7-98 FIELD BOOK 374-29 FILE NO. 97260 JOB N0. 97-260 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 16, 1998 Regulatory Division Action ID No. 199800469 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Please reference the application of Robert McGinnis for Department of the Army authorization and a State Water Quality Certification to construct a 50-foot-long bulkhead and backfill approximately 320 square feet (.007 acre) of wetlands adjacent to the Atlantic Intracoastal Waterway, Holden Beach, Brunswick 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 authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and 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 May 15, 1998, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Sincerely, H. Richter Project Manager Wilmington Field Office Copy Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687