19991036 Ver 1_COMPLETE FILE_19990920

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PAYMENT
RECEIVED
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1•• n___
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 13, 1999
New Hanover County
DWQ Project # 991036
APPROVAL of 401 Water Quality Certification
Hillman Bass
17 Beach Road South
Figure Eight Island, NC 28411
Dear Mr. Bass:
You have our approval, in accordance with the attached conditions, to place fill material in 400 square feet of
wetlands or waters for the purpose of constructing a bulkhead for shoreline stabilization as you described in your
application dated September 20, 1999. 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 send us a new application. If the property is sold, the new owner must be given a copy of
this 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
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. 276 1 1-7447. 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 Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
File Copy
Central Files
Doug Huggett; DCM
Jimmy North
Sincerely,
rr . Stevens
991036.Itr
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.hfml
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Hillman Bass & Fred Stone County New Hanover
Project Number 99 1036 County2
Recvd From DCM Region Wilmington
Received Date 9/20/99 Recvd By Region
Project Type
Certificates Stream Stream impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE

Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: 9 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
That the project be clone in such a manner so as to not cause turbidity outside the immediate
construction area to exceed 25 NTl_f,
cc: Regional Office
Central Office Page Number 1
Facility Name Hillman Bass & Fred Stone
Project Number 99 1036
Comments (continued from page 1):
County New Hanover
Regional Contact: J. Steenhuis
Date: 10/7/99
cc: Regional Office Page Number 2
Central Office
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Tillman D. Bass/Fred A. Stone
2. LOCATION OF PROJECT SITE: 17 & 19 Beach Rd. South, Figure 8 Island, New Hanover
County.
Photo Index -192: 24-293 O,P-8 1989:4 176-15 K,L-15 1984: 19-282 E,F-18
State Plane Coordinates - X: 2378413 Y: 190504
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/17/99
Was Applicant Present - Yes (Agent)
5. PROCESSING PROCEDURE: Application Received - 7/26/99
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW,EW,PT,ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Individual septic tank system
Planned - none
(F) Type of Structures: Existing - Lot 17 - concrete driveway, bulkhead and pier
Lot 19 - Residence, bulkhead, pier and boat ramp
Planned - Replace old bulkhead on both lots
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION: [AREA]
T)RF.TNTRT) T TT T Rll n'T =D
(A) Vegetated Wetlands 400 sq.ft.
Coastal
(B) Non-Vegetated Wetlands
Shallow bottom shaded
(C) Other 2000 sq.ft.
Hi h ound disturbance
(D) Total Area Disturbed: 2400 sq.ft.
(E) Primary Nursery Area: Yes
(1) Water Classification: SA-ORW Open: OPEN
8. PROJECT SUMMARY: The applicants propose to construct a new bulkhead across both lots,
to replace the original corrugated asbestos bulkhead that is currently failing.
Bass/Stone
Page 2
9. PROJECT DESCRIPTION
Figure 8 Island is a private residential barrier island located in the northeast corner of New Hanover
County, adjacent to the Atlantic Ocean and Middle Sound, between Masons and Rich Inlets. The island
is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by a private bridge over
the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway which traverses Middle Sound.
The project site is located at 17 and 19 Beach Road South. Mr. Stone maintains his residence on Lot 19,
which includes an existing pier, bulkhead and boat ramp along the waterfront. Mr.Bass maintains his
residence, on an oceanfront lot, across the street from Lot 17, but may one day have to relocate his
residence here as a result of storm and/or beach erosion. Lot 17 does have a concrete driveway and
basketball court, as well as, the existing pier and bulkhead. Both lots average approximately 8-10 feet
above mean sea level and are vegetated in lawn grasses and landscaped shrubs. Waterward of the existing
bulkhead there is a border of coastal wetlands approximately 20 to 30 feet wide. This marsh border
consists primarily of Smooth Cordgrass (Spartina altemiflora). There are some areas where the existing
bulkhead is landward of MHW (mean high water) line and in these areas several high marsh plant species
were observed intermixed with the Smooth Cordgrass on the landward side of the marsh border. These
included: Glasswort (Salicomia spp.), Sea Lavender (Limonium spp.), sea oxeye (Borrichia frutescens)
and Sea Blite (Suaeda lineatis). The original bulkhead was constructed of correlated asbestos sheathing
with a concrete cap. This wall is in need of replacement and currently exhibits two failed areas where the
asbestos sheathing has given way, resulting in the erosion of highground material into the adjacent marsh.
The applicant is currently making temporary repairs to the wall while processing this application to
replace the failing wall.
The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The project
site is within the boundaries of the Ocean Hazard Area of Environmental Concern. The waters of the
man-made canal adjacent to Banks Channel are classified SA / ORW, by the NC Division of Water
Quality. The waters adjacent to the project area are designated as Primary Nursery Area by the NC
Division of Marine Fisheries, as well as, being open for the harvesting of shellfish.
The applicants are proposing to construct a new bulkhead to replace the failing wall. The new bulkhead
would be constructed across both lots, 1-2 feet waterward of the existing bulkhead, for a length of
approximately 219 lineal feet. The applicants and their contractor are requesting to construct the new
bulkhead waterward of the existing bulkhead, in order to avoid having to disturb the hazardous asbestos
sheathing. The new bulkhead would be constucted of treated wood V-edge sheathing, with 4X6 whalers,
and 6X6 posts.
10. ANTICIPATED EMPACTS:
As proposed, the project would result in the filling and incorporation of approximately 400 square feet
of coastal wetlands, vegetated'primarily with Spartina altemiflora. The proposed bulkhead construction
would require some highground disturbance during the installation of new wall anchors and tiebacks.
The proposed construction of the wall just in front of the existing wall would limit both human and
environmental exposure to the deteriorating and hazardous correlated asbestos sheets.
Submitted by: E. F. Brooks Date: 9/10/99 Office: Wilmington
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COASTAL MANAGEMENT
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Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
b. City, Urn, , community or landmark /
F tC t(/ e ?C ??-5 ?0CY
a. Landowner:
Name 11 310,5-S o- rrt-, /?, 5',,e
Address _ / q /3 e g C/ So
City -gJ r e S? State I? • C
?8? 1 l
Zip Day Phone 2
Fax 9/ O - -? F61 -33 F0
b. Authorized Agent:
Name
Address 1,0 r i L Ys `i (/P /-/v e
r '
City L)1 /,12 v 1 State /0,0,
Zip 2f y 0 "3 Day Phone 9/ a - ;7 S e- - C 3S 7
Fax 6I10-;256 - ti X11
c. Project name (if any)
N07F- Permit will be issued in name Of land"Ier(l), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County /-(, , , o
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? ? yes No
e. Name of body of water nearest project (e. . river,
creek, sound, bay) -S
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
excavaDpn and/`or fillin activities.
/,)u& h P g<-
b. Is the proposed activity maintenance of an existing
project, new work, or both? ';r4 IgCre-l"' "t-
c. Will the project be for public, private or commercial
use? , , ; 0 a ? e-
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.
n
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a/ II C4t'G!?( dr
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c' ? ct 7 //i .? C r . U r
i, .? (? V 7 e?/LJ n (/ 1 f i C( $
5 '- ?? P ') y l C, 1t7 to C .' If
P o'
Revised 03/95
Form DCM-MP-1

4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _'2 o n / ,c It / o S
b. Size of individual lot(s) ) O O' 4c 1 / & S ?
c. Approximate elevation of tract above MHW or
NWL /o/
d. Soil type(s) and" t/exture(s) of tract
G -DO
e. Vegetation on tract
f. Man-made features now on tracti? i .°5
blU //ckA nusc
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?
i. Is the proposed project consistent with the applicable
zoning? _./- Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional
done for the tract?
If yes, by whom? -
archaeological as ent been
Yes =No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ? No
Are there wetlands on the site? _Z? Yes No
Coastal (marsh) f/ Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
in. Describe`existin2' wastewater trea Pnt facilities.
`ho , k- --5' L/
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.)
_iu?^ f4Lr
o. Describe gusting drinking water supply source.
-T_
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.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by I I" white paper. (Refer to
Coastal Resources Commission Rule 7J.020' :1 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
Revised 03/95
Form DCM ,jMT-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
6. CERTIFICATION AND PERMISSION
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 »t 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
Address _ 15 i?P<<. [, ?2rj „ ,?4 grant, and do in fact,
grant permission to representatives of state and federal
Phone r1-21AD ?C 'IE 3 - IV" I review agencies to enter on the aforementioned lands in
Name Hc,,,connection with evaluating information related to this
-?a c e `?' %/ `,ter
Address Permit application and follow-up monitoring of the
Phone project.
Name
Address
Phone
I further certify that the information provided in this
application is truthful to the lest of my knowledge.
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• 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. I13A - I 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.
This is the day of, 19.
Print Name
A.4 A,7
Signature
r or rizrd .lgnu
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-5 Marina Development
NOTE: Please sign and acne each attachment in the
sDace provided ar the bonom of each form.
Revised 03/95
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
Eusting Project
Length Width Depth Depth
Access
channel
(MLw) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabiliwion)

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9

1. EXCAVATION
a. Amount of material to be excavated Tom below
MHW or NWL in cubic yards A2 L
b. Type of material to be excavated L) L4
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic ve etation
79 g (SAVs) or other wetlands? Yes /t 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? /v!4
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? f
Revised 03195
Form DCM-NIP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands? Ia
Yes No
f. Does the disposal include an y arin the water?
Yes No , 1
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
i,,"' Bulkhead . Riprap
b. Length _ a /S
c. Average distance waterward of MI?W or NWL
.2
d. Maximum distance waterward of MHW or NWL
r
e. Shoreline erosion during preceding 12 months
(Source of -forr -don) !J( S c,, 4.
f. Type of bulkhead or riprap material c?a ecf
2 4o
r yam`
Fl)'-'AmountroYriaterial to be placed in the
water C C4 1) I r iWS
(2) Dimensions pf fill area T-
(3) Purpose of fill( lc r / / P v
17 U (IL I POr (N
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
-.f-Yes No
If yes, /
(1) Dimensions of fill area 1 X /4
(2) Purpose offill
?a
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill ter` D Eu ? i ` y d5
h. Type of fill material
i. Source of fill material i no r.'-q PC' -?? e' /.1
4. OTHER FILL ACTIVITIES
5. GENERAL,
a. How will excavated or fill mater' be kept on site
and erosion controlled?
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
C. Will wetlands be cr:,ssed in transporting equipment
to project site? Yes ?No
If yes, explain steps that will be taken to lessen
environmental impacts.
Appiiu?n r Pmj Name
'-4 r '-7
S?nature ?
r71-,2C7/ Date /
(Excluding Shoreline Stabilization) `
a. Will fill material be brought 1b. Site?
_ Yes No
400 copies of this public document?uere:-PrW1id':at a total cost of S 11.00 or S .03 per copy.
Revised 031°5
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THE FIGURE EIC
ROUTE 8, BOX 169,
SECTION 4
FIGURE
NEW HANOVER COUNTY.
3HT ISLAND COMPANY, INC.
RALEIGH, NORTH CAROLINA 27607
BLOCK B LOT 17
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AEC HAZARD NOTICE
Project Is In An:
Date Lot Was Platted:
Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Tlus notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alteration are designed to minimize, bu t
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
erosion rate for the area where your property is located is
feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as _aGS_ feet landward in a major storm.
The flood waters in a major storm are predicted to be about
_L? -5 feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
Applicant's Signature
Date
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the third year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still me-t the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
DMSLh OF -& v
Local Permit Officer
Address
MAIM CAROLINA DEPARTMENT OF
ERVWON11 ff NATURAL R SOURCM
Locality 127 CARDINAL DRIVE IMBISION
WLLj114=K N.C. 284054815
Phone
Revised 11193
AEC HAZARD NOTICE
Project Is In An: X
Date Lot Was Platted:
Ocean Erodible Area High Hazard Flood Area __ Inlet Hazard Area
This notice is intended to make vou, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alteration aredesigned to minimize,but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
erosion rate for the area where your property is located is
.2, feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as 24e•Sfeet landward in a major storm.
The flood waters in a major storm are predicted to be about
10.6 feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete. , I
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued ford eve] opment in this
area expire on December 31 of the third year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
Local Permit Officer 'T-
Address
N4 JUMMIMMI MNTIOF
Locality
WR.IR IUM NA 2"064M6
Phone
Applican.''s is ature
I. J
Date - - .._. '? •• _ .
Revised 11193