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HomeMy WebLinkAbout19860164 Ver 1_COMPLETE FILE_19860110 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 February 3, 1986 SUBJECT: File No. SAWC086-N-065-0007 RECEIVED FEB 111986 Mr. Frank H. Kenan 6 Skimmer Road Figure Eight Island Wilmington, North Carolina 28405 Dear Mr. Kenan: WATER QUALITY SECTION OPERATIONS BRANCH Reference your application for a Department of the Army permit to excavate a shoal from an access channel, north of Masons Inlet, at the southern end of Figure Eight Island, New Hanover County, North Carolina. " Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080- N-000-0291. Your work will be considered authorized by the Corps of Engineers if you will comply with State permit No. 12-86, the enclosed drawings and the following conditions: a. To avoid periods of high biological activity, including sea turtle nesting, no work will be performed between May 1 and*" November 1 of any year. b. Prior to the placement of excavated material for beach nourishment, deteriorated sand bag fabric remnants and other debris will be removed from the beach. c. No vegetated wetlands will be excavated or filled. Questions or comments may be addressed to Mr. Mike Smith, telephone-(919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished (with Enclosure): Mr. John Fridell U. S. Fish and Wildlife Service Endangered Species 100 Otis Street, Room 224 Asheville, North Carolina 28801 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Robert C. Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 40 4 to 000 _ • ? ? ? /f• ? ? aKIMMER Rr r MAINTENAW'i. LIIMITs 400`9 OW4 -$4 N 1 I ? f I 1 I 1 ?I ? o 1 1 ?• _ _ o .too v 1 ?j M?•oo 1 11 ? ? y i I ?. I ? iv O '3 k I I ? I ? 1 '. 1 DR906ING PLAN 100 0 goo #GALE IN P 99T i v 136 ' I w ' ? r NAvG `EN VimFq,1t4?' ? ?. - M•?TN ?' W.iPO>i1N? AREA -•" CHANNEL MAINTENANCE dUNE LINE :"- ;.. SAT FIGURE EIGHT 15, ANON IM ?4-0 BY FRANK KENAN, 6 SKIMMER ROAD WILMINGTON, N.C. KIRK4AN0 17 ?` iT INoo fj N ocoEN?gp? ; .,w EIGHT Is a ?43 \ /?? • SIT ?? ,?' IN LOCATION MAP scar.: I"•Z Ir11,E,E MM N.C. i+K+G+ NO MlllOM QQ 1W 2 O . ?I x v a ?o?ECt f-CHANNEL 100'.t 100't 30't 60 30't NAT. GR MAINTENANCE CUT H.W - t 4.0 - -- --- --- L.W =0.0 6.0 VARIES TYPICAL CHANNEL SECTION SCALE: 1"= 20' VERT. 40' HORIZ. DUNE ERODED NATURAL BASIN VARIES TO 200't VARIES g' OF DUNE NAT. GR. 5' DIKE AS REQUIRE STILLING BASIN TO CONTAI L TO' L.W- 7 _ SPOIL VARIES SPILLWAY PIPE CATED AT LOW POI LINE ecwlw NtE I Spa' ?T 3 qF 3 ?-? TypieAL SPOIL. SCALE: I"- 20' VERT. NTS HORIZ. OCR ? ??? M1 CHANNEL MAINTENANCE (AT FIGURE EIGHT ISLAND) BY FRANK KENAN, 6 SKIMMER ROAD WILMINGTON, N.C. 3 \ SEPT. 1985 SHEET 2 OF P1?e?wu? * ?VN ADJ. ?Nb! 12 1"I t-oii5??ig Lwig ro 1??.ITIONED N? . TM? rU/'1 1 IAA? `?T 4-"?' ?•?r-? --- 6 w f ?a TF .7"_ _._ +,? t I.1 a II po k, ? iogNor WaTuat 10 MpdN _ ,,gyp- ,,?. Nags Moil ?Q M?•?Plrleld? ?,p?1or.l i?•TIO?S A-r 1.7 I Ml rw -?... ? t..? - Nar?Zor.rT.c?.I,,,, 111 s gol Ga44'rlrY ?r ?Zool pi=Irla?R?' rJVt,?ftlSrlM?t'f ZaN?. M l,a??? ap1?+11?? ?"'?r. p?NTIG Pd1"?O ?I ? I .? or'rEAC• ITT ?s V f.MA?rpW GATT r?c,??Lia sic.,e.,¢.P I? POO TO _""..."?.....?,..... + 1.7 MW 1r'OI?C7 7Us3e, IVLW 1 ? Z E2 A:A i . ?, w.s•as 5mr-:;?7 .3 of S. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 10, 1985 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC086-N-065-0007 RECEIVED C 1 141985 Mr. Frank H. Kenan 6 Skimmer Road Figure Eight Island Wilmington, North Carolina 28405 Dear Mr. Kenan: ITY J SECTION \RIATER QUAL. 0pri1.'i::'1 KEN FIRANCH On January 27, 1981, we issued general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received October 7, 1985, for a Department of the Army permit to excavate a shoal from an access channel, north of Masons Inlet, at the southern end of Figure Eight Island, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned No. SAWC086-N-065-0007 and will be coordinated by Mr. Mike Smith, telephone (919) 343-4634. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure 10 -2- Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 Permit Class NPw STATE OF NORTH CAROLINA Department of Natural Community Development i c3? ?4 p ? ck C e?ercion a Mai 1 in onmental Con ?Htil i2.?74b ® Excavatio6 to NCGS 113-229 Permit Number 12-86 Issuedto Frank H. Kenan. 6 Skimmer Road. Figure Eight Island. Wilmington. NC 28405 authorizing development in New Hanover County at Mason Inlet (N. of. at lagoon on Figure Eight Island) as requested in the permittee's application dated 9/12/85 including attached plats, sheets 1 &/2 of 2 dated 9/85 This permit, issued on / ) , 9 6 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject pemmittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) To avoid periods of high biological activity, including juvenile shrimp and fin fish populations and nesting sea turtles, no excavation or beach nourishment may take place between April 1 and October 15 of any year (Should the permittee elect to place excavated material in a highground disposal site, a modification of this permit is required.) (2) No vegetated wetlands will be excavated or filled. (3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). NOTE: A Section 401 Water Quality Certification is required for this project and is being processed by the Division of Environmental Management. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1989 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. ate. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee .. 4 i r APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER WALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CI?MA PERMIT FOR MAJOR DEVELOPMENT ospertnterts of Adminkustlori State of North C&Mhu Department of She Array IGS 14&12) Department of Natural Resources and Community Development Corfu of Ensineers, Wllmisigeen District (GS 113-329.143-215.3(8)(1),143-215.3(c), 113A•118 133 CFR 209.M3") PMaats type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information VGV l/t,1 1 F n- l ?aN t/•. tom R A. Name Last _ ast First ` Mid le ZD ; B. Address co sygmMsGZ =(6u e gkoy l I?LANQ Street, P O. Box or Rnute City or Town State Zip Code Phone If. Location of Proposed Project. A. County 1JE'1 I4Yp.NO'IE2. ,,`{ 1cilmis J ?I6TIT = 9. 1. City, town, community or landmark 2. Is proposed work within city limits. Yes No _jG C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Notes o t; MASO KI 1 t?t~?" (lt ;? 111. Dowiption of Project t? 2. New work A. 1. Maintenance of existing project B. Purpose of excavation or fill th Aino width l depth eng 1. Access channel 2. Boat basin length WIN -width depth 3. Fill area length- WA, width depth ,. Other length N_wtdth depth C. 1. Bulkhead length Average distance waterward of MHW (sh oreline) tJh? 2. Type of bulkhead construction (material) N Q D. Excavated material (total for project) t ? 3 / - ? ?7k?tC1?l EO S?A1J® 6exn 2. Type of matersrl 1. Cubic yards .- E. Fill material to be placed below MHW (see also VI A) hA011r - 2. Type of material - 1. Cubic yards IV. Land Type, Disposal Area, and Construction Equipment A. Does the area to be excavated include any marshland, swamps or other wetland' Yes No _.kL, 8. Does the disposal area include any marshland, swamps or other wetland' Yes a,_,_ No _t f* C Disposal Area U KV -W Ee, OUMe L-1KIE Q S, EQD o SCdtl7l 1. Location 2. Do yew claim title to disposal area, M1ZH %4410 L3 TQ U47M D. Fill moterral source if Irll is to be tracked in M& E. Now will excavated m4terral be entrapped and erosion controlled' sh.MTIA T?%1LE &MD e7n l-U M(:, 06 A f-I w 1 ?t11'1 d "i ncn e-fll l ( _WAl V - Abc'A %,tl l t _L AP r' T71?T')G f) bKIT) /: Dh449:D F. Type of equipment trr he used H:f UV.UuC, UV-t--VLs C" -Y tJG ?-CJ1G L?ttr;C G. Will marshland he crossed in transporting equipment to protect site' If yes, explain Nt? INF41 Rev. long r r t-4 V. fill"Millid Use of FteO4 Am (10110011110) 11iii-0-6,00-ort %P Q?c1 v_A L- A. 1. - - ?.?..... a ? z. C iW - _ .?,..• ??. Civ ?? nh Z"?Y7 lit 1 4.OtAM?.K?ctrtv.?urA --- ?.ES??-rs t?an?r?ow?xZs peoul?? c?usTl Nr, r?As? N 0. 1. Lot tiae(s) 2. Elevation of lot(s) above mean high water ---a'----- ? 3. Soll type and exture -----?---- A°""" '" - 4. Type of building facilities or structures S. Sewage disposal and/or wastewater treatment A. Existing NA f iannod --a? ? B. Describe . - _._._.r._...__.._... N??._._,. _....?..,m.,..?,,?.?.Y. 6. LandClasstficatinn (circl r r ELr-)PFD Ra'?Sif!'Jt?4i CONSEKVAT Oti 'r. HLR VI_ HeRaining to Fill and Water Quality. COMMUNITY KURItL (See CAMA Local LaPJ Use Plan S'yfr!?I?!=':; A, Does the proposed project ,cvolve the placement of Gil materiaFs heluw mean !113h water? ti,e% __ _Ncf..k:?_ B. 1. Will any runoft or discharge enter adjacent waters as a result of project activity or planned use of the area following protect completion' 'resAZNo Mss &DCA (-r"n 2. Type of discharge 3. Location of discharge 1 NTD p?TL.IaPT'I'lG ?C-.N -----A-?-??, ?, >a?• °. VII. Msent rate of shoreline erosion (if known): Vlll. LM permit numbers and issue dates of previous Department of Army Corps of Engineers or State permiilt for wont in project area, if applicable. tANI _W cisg ry UL Lw4th of time required to complete project; ?(. In additbn to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 protect on his land. fu(I i(, i B. Attach an accurate work plat drawn to scale on 8;i X 1 I" white paper Isee in"ructson booklet for V4!i 11- t•_. details). Note: Original drawings preferred - only h,gh cj,aiity copies accepted. INffrYA >"'i C. A copy of the application and plat must be served upon adjacent riparian landos rs b registered or certified mail or by pub/ cation (G.S. 113-229 W)Enter date served ..?..e all O. List names and complete addresses of the riparian landowners wish property adiointng applicant's. Such owners have 30 days in which to submit comments to agencies iisted below. XI. Certification requirement. I certify t!r;- to the nest of my knowledge, the pruoosed activity complies with the State of North Carolina's approved coas0l management program and will be conducted in a manner consistent with such program X11. Any permit issued pursuant to this application will allow only the development described to this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. 7 DATE t l -` j t. r. ..,:?..?. T Applicant's Signature ere Arvratii: ants: FnR MAILING INSTRUCTIONS NAT. NAT. 't CHANNEL 100'& .? n 100'* I -left 60 mm- MAINTENANCE CUT H.W.=+4.0 -- --- --- L.W.=0.0 - -6.0 VARIES TYPICAL CHANNEL SECTION SCALE: 1°= 20' VERT. 40'HORIZ. ERODED NATURAL BASIN VARIES TO 200't TOE OF DUNE STILLING BASIN- 5? ? DIKE AS REQUIRED TO CONTAIN SPOIL ?SPOIL? 30' t DUNE I - - TO' L.W. - ° - VARIES SPILLWAY PIPE LOCATED AT LAW POINT IN DUNE TYPICAL SPOIL AREA SECTION SCALE: 1 20' VERT. NTS HORli CHANNEL MAINTENANCE (AT FIGURE EIGHT ISLAND) BY FRANK KENAN 6 SKIMMER ROAD WILMINGTON, N.C. SEPT. 1985 SHEET 2 OF 2 ... AAI ?MAN LI /In 14 Jv ? ? t J` I 1 Jf? ? I ? ? o ,l v .46O 40 V "INMER R'° 1 .s,.• ? , Icuw+ fr+.LIM.•O.O 1 I 1 • I ?. r Jam, KIRKI?AMD '??' ?P?+ 17 •j,;?"'?'= RICH V"T GOE?I I`ti09 IousFtE EIGHT + SITE i0N I N LOCATION MAP :cALE:I••Emum mm &K4 11" WGV= ca ma a W 4?. Rp?t'C,r rr ORtu I Q iv i0 I? V j DREDGING PLAN 1400 0 400 $COALL IN F99T tb 41 J f " D111CHARGE? PIPE .? "`-•---•"''? CHANNEL MAINTENANCE JUNE LINE (AT FIGURE EIGHT ISLAND) BY FRANK KENAN, KU • ?4'0 6 SKIMMER ROAD WILMINGTON, N.C. i SEPT. IN3 SHET a Is 2, A ? v DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 January 10, 1986 IN ntrLr Htrtn Iu Regulatory Branch SUBJECT: File No. SAWC086-N-065-0007 JAN 13 X986 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: D WATER QECTION Reference the application of Mr. John H. Kenan for a Department of the Army permit to excavate a shoal from an access channel, north of Masons Inlet, at the southern end of Figure Eight Island, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. To avoid periods of high biological activity, no work will be permitted during the period between April 1 and September 30 without the prior approval of the North Carolina Division of Coastal Management. b. No vegetated wetlands will be excavated or filled. c. Excavation will not exceed 6 feet below the elevation of mean low water (MLW). d. The excavated material will be either pumped to and retained within an upland diked area or pumped to the ocean front for beach nourishment. e. Should an upland diked area be used: (1) Before any work begins, the permittee and his ? r r _2_ contractor will meet onsite with a representative of the U. S. Army Corps of Engineers to delineate and stake the limits of the upland diked area. (2) All excavated materials will be confined landward of the mean high water elevation within adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. (3) The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and at a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. (4) A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. (5) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and resultant unnecessary siltation. Should the excavated material be pumped to the ocean front for beach nourishment, the existing sand bag tubes and fabric remnants and any other debris will be removed from the beach prior to the placement of any dredged material. Questions or comments may be addressed to Mr. Mike Smith, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch -3- Copies Furnished: Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 r aNIA VFW State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary January 23, 1986 Director Mr. Frank H. Kenan 6 Skimmer Road Figure Eight Island Wilmington, NC 28405 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Beach Disposal Figure Eight Island Frank Kenan New Hanover County Dear Mr.-Kenan: Attached hereto are two (2) copies of Certification No. 1874 issued to Mr. Frank Kenan dated January 23, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Qriainal Signed By Dennis R. Ramsey For R. Paul Wilms cc: Wilminorn,, nt?.--?_? .• n1s 0- CIA- An Equal Opportunity Affirmative Action Employer ... NORTH CAROLINA New Hanover County CERTIFICATION .THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. Frank Kenan pursuant to an application filed on the 7th day of October, 1985 to place spoil material onto the beach at Figure Eight Island. The Application provides adequate assurance that the discharge of fill material into the waters of Atlantic Ocean in conjunction with the proposed beach disposal in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 23rd day of January, 1986. DIVISION QF ENVIRONMENTAL MANAGEMENT S (j y Ramsey For R. Paul Wilms, Director WQC# 1874 r e ?. 5[ATt ?? State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary January 23, 1986 Director Mr. Frank H. Kenan 6 Skimmer Road Figure Eight Island Wilmington, NC 28405 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Beach Disposal Figure Eight Island Frank Kenan New Hanover County Dear Mr. Kenan: Attached hereto are two (2) copies of Certification No. 1874 issued to Mr. Frank Kenan dated January 23, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, + 0f,ginai Signed By pennis R. Ramsey For R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer r .*.w r NORTH CAROLINA New Hanover County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. Frank Kenan pursuant to an application filed on the 7th day of October, 1985 to place spoil material onto the beach at Figure Eight Island. The Application provides adequate assurance that the discharge of fill material into the waters of Atlantic Ocean in conjunction with the proposed beach disposal in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 23rd day of January, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed 13Y .,is R. Ramsey {,.C)r R. Paul Wilms, Director WQC# 1874 DIVISION OF ENVIRONMENTAL MANAGEMENT January 2, 1986 MEMORANDUM To: Bill Mills Operations Branch From: A. Preston Howard, Jr., Regional Engineer Wilmington Regional Office Subject: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Frank H. Kenan - Figure 8 Island New Hanover County The applicant proposes to maintenance dredge the entrance.of an existing lagoon, and deposit the spoil material onto the ocean front along the southern portion of Figure 8 Island. The work plat indicates that the area of fill will involve an area of approximately 110' x 300 feet below the plane of mean high water within the Atlantic Ocean, classified SB. The project has been reviewed to determine impacts to water quality. The following information is provided: 1. The project will require 401 Certification. 2. It is recommended that the 401 Certification be approved. APH/MFW/sf cc: Wilmington Regional Office Division of Coastal Management - Bob Stroud Central Files OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Frank H. Kenan 2. Location of project site South End of Figure Eight Island opening between Pipers Neck and Saltmeadow Road - New Photo ; ri s - , - 3. Investigation type: Dredge & Fill• X LAMA X 4. Investigative procedure: (A) Dates of site visit 12/5/85 (B) Was applicant present No 5. Processing procedure: Application received 11/26/85 Office DCM-Wilmington 6. Site description: (A) Local Land Use Plan Wilmington-New Hanover County Land classification from LUP'Conservation Development constraints identified in LUP None for this tyn- actiity. (B) AEC(s) involved: Ocean Hazard X Estuarine shoreline Coastal wetlands Public trust waters x Estuarine waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public X Private Commercial (E) Type of wastewater treatment: Existing Septic Tank Planned N/A (F) Type of structures: Existing.'Residential Planned N/A (G) Estimated annual rate of erosion N/A Source 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other (B) Non-vegetated wetlands: Open Water appx. 24,000 s.f. Beach Disposal Appx. 80,000 s.f. (C) Other: (D) Total area disturbed: appx. 24,000 s.f. appx.80,000 s.f. 8. Project summary The applicant proposes to maintain the entrance to an existing lagoon and pump the material to the beach front for renourishment purposes. Frank H. Kenan Page 2 9. PROJECT DESCRIPTION: The project is located at the mouth of an existing man-made lagoon located at the southwest end of Figure Eight Island. Information presented with the application indicates that the area has shoaled to a depth of -2' minimum at mean low water (MLW). The area to either side of the mouth is shown as -6' MLW. The distance between the MLW contours on either bank is shown as 1251. There is no wetland vegetation in the project area. The applicant proposes to re-excavate the mouth of the existing lagoon. The dimensions of the cut are approximately 400' long x 60' wide x -6' MLW. There is a flare at either end of the proposed cut which spreads to approximately 175' wide. Approximately 3,000 cubic yards of shoaled sand will be excavated and will be pumped to the beach and will be utilized in the approved on-going beach nourish- ment project. 10. ANTICIPATED IMPACTS: If the project is timed to avoid periods of peak biological activity in the estuary and to avoid sea turtle nesting season on the beach no adverse impacts are antici- pated. SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM-Wilmington DATE: 12/05/85 APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER WALE CERTIFICATION EASEMENT IN LANDS COVERED BY WATER C^MA PERMIT FOR MAJOR DEVELOPMENT D"w nsent of Administration State of North Carolina Opmummt of Ow Army (GS 14L12) Department of Natural Rewurcm and Community DeveloprnerA Corps of Eagirmen, WNntM'Mn Obarkt (GS 113.22!, 143d15.3(a)(1), 143.215.3(c), 113A•11• (33 CFA 209.320.32!) Pleas type or print and fill in all blanks. If information is not applicable, so indicate by placing NIA in blank. 1. Applicant Information 45-l`V/?w ? lV 7 F n-4N I/ t? K•• , ^ ? - R 11 A. Name First La s t % Middle B. Address CP S1L1 M MGR SZ17 ;= I?L..Ati1D 16L 12E F=-164T W1LMtN ( Street, P O. Box or Route i)C. ?ToN 686- ?^ 20 2S4015 "? j Cav or Town State Zip Code Phone posed Proiect: If. Location of Pro NONIGz E 14 c' ? r Q T! A. County }J V 1 t UeE E: INAT B. 1. City, town, community or landmark ?•h 2. Is proposed work within city firnit-0 Yes-No C. Creek, river, sound or bay upon which project is located or nearest named body of water to Proiect NoQ-nA o t= M ASo rJ I W-ST ! (U?VtV?l?i? N•, ? _ ? ? t WI 111. Dowiption of Proiect e/ 2. New work A. 1. Maintenance of existing project B. Purpose of excavation or fill 1 1 ?( ,r?,.? Gr /• o ' width ^C 1. Access channel length depth 2. Boat basin length_ N A6 width depth 3. Fill area -length WA, width depth 4. Other length " width depth C. 1. Bulkhead length h3 111hk Average distance waterward of MHW (sho reline) N?'? 2. Type of bulkhead construction (material) NA 0. Excavated material (total for protect) ' - 1 t 2. Type of material 1. Cubic yards 3000 E. Fill material to be placed below MHW (see also VI A) 1. Cubic yards 1J0 IJrc 2. Type of material NA? IV. Lard Type, Disposal Area, and Construction Equipment A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No 6. Does the disposal area include any marshland, swamps or other wetland' Yes No _V---, C. Disposal Area g (a g GY-6 1. Location UtJO ,V4EST O F Dt?IJE ?1NE QT S, END of !SLAVE 2, Do you claim title to disposal area 1146 - &NM PEQM %4410 W `TO U42M D. Fill material s,ruice of fill is to be trucsed in M& E. How will excavated material be entrapped and erosion controlledr ."fN IDI1!_E' 6.MD 51 L.U M&I f3??hl N W ITI? ?7),? ED S l? L?c./h.Y - biZE.? ?clll.l. F31; Gt7?DE'f? ANU GII??E? F. Type of equipment to he used I?h DQA1l_1G M" E - CUME rag 01 ILE G. Will marshland he crossed in transporting equipment to protect site' If yes, explain Dpi?1 Rev. Iwo ..r c¢ Arne (Deter) V. rtft.&dflilee1..- P+rele . Gff... t v dTw P-.L ETLODED AQG& 2. Cpl wArCtal n.eiw 3. --v-- !r* 4. Otha-.il?r?'ty w- riltiif??-= - Q.ES ?r,???-cs c..p.Npow??25 ,??u No c-w.s-t1 Nri r-3ASt N B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water -- NQ 3. Soil type and texture d. Type of building facilities or structures NA - S. Sewage disposal and/or waste water treatment A. Existing- NA Planned 1 S. Describe --- 6. Land Classiftcatinn icircl i r, t LOPED ; RA`+Si tlUtr ?i COMMUNITY RURAL t.ONSERW ATK)P,, '1T HLQ (See CAMA Local Land Use Plan;iVnt-9airj VI. Pertaining to Fill and water Quality. A. Dots the proposed project :rvelve the viacement of Gil materials heluw rnean'+igh water? Y:!,.--- No. B. 1. Will any runoff or discharge enter adjacent waters as . result of protect activity or planned u,e of the area following protect completion) YesJZNo ynv ^t? -y ??Q? 2. Type of discharge 1AYD"UC, ? r- M t' l 3. Location of discharge VOL hosent rate of shoreline erosion (if known): L1N11L"WN) VIII. Ust permit numbers and issue dates of previous Department of Army Corps of Engineer's or State permits for work b project area, if applicable: 0 V-WOv1 t IX. Latph of Nme required to complete project: t QD oLt?l? X. Is addltion to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application, on:y? or other instrument under which applic ant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, OD ( r 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 on his land. OFFr iC,c CI"r 1 B. Attach an accurate work plat drawn to scale on 8 'Yo X 11" white paper (see instruction hooklell fory?4L1NGTUiv iZEiitv'lt1_ GF` J'-L a details). Note: Original drawings preferred - only high Qaaiity copies accepted. C. A copy of the application and plat must be served upon adiacent riparian Jandow rs b Iegisterod or certified mail or by publication (G.S. I J 3-229 (d))Enter date saved J --- O. List names and complete addresses of the riparian landowners win h property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. XI. Certification requirement. I certify tha: to the oest of my knowledge, the proposed activity conipiies with the State of North Carohnak approved coastal management Drogram and will be conducted in a manner consistent with such program XIh Any permit issued pursuant to this aOptication will allow only the development described in this appli Cation and plat. Applicants should therefore descrihe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE Applicant's Signature Wi42 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS CHANNEL 100't - I- 1 - - TO' L.W. SPOIL VARIES SPILLWAY PIPE LOCATED AT LDW POINT IN DUNE AL SPOIL AREA SECTION E: I : 20 VERT. NTS HORIZ. .s.h C ? . r' Novi ?EF1 NAT. GR. NAT. GR I 60' 30't MAINTENANCE CUT H.W.+4.0 ,. - -6.0 VARIES TYPICAL CHANNEL SECTION SCALE: 1 20' VERT. 40' HORIZ. ERODED NATURAL S' 5' CHANNEL MAINTENANCE (AT FIGURE EIGHT ISLAND) BY FRANK KENAN 6 SKIMMER ROAD WILMINGTON, N.C. SEPT. 1985 SHEET 2 OF 2 100't DUNE TOE OF DUNE STILLING BASIN- DIKE AS REOUIR TO CONTAIN SPOIL V ' `%b ' . .w. r DR?kA I HITS %) ) 14 oil 4% rG ? ?Y .4,, , 4 f ` I 1 1 ?i I ? o1 s / F L i or-, 000, SKIMMER R{ KDAM N 11 M.Mt•+4,0 ? ?.. ;I 1 0 I I , M a / u -W 0-0 OOOOOF + ?s ? RICH' N I? AGURE EIGHT • SITE 4 EON IN LOCATION MAP scA":I"•zyII,ES i mm N.C. SA4 *a wow= OQ me. w I ? iv i0 I? iQ DREDGING PLAN `400 0 -400 ?CA6E IN FLET 38's C` G;`?"A' OFF W10A . o1ScHAR6E PIPE ' I -• CHANNEL+ MAINTENANCE I duke LINE. 0 , ... (AT FIGURE EIGHT ISL") 1 K? a t4.0 BY FRANK KENAN. I 6 SKIMMER ROAD WILMINGTON1 N.C. A DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for Stgte Federal CAMA Permit(s) from .` 1 t ? .'"'? ,4! {.t,!'{t:?r ?"•! t'?(?"?"r( ?1 !'(, ?.?r.¢ -..f?+? ,? xp f .?> [;?'s'?= ? t?' G?r P-"'u2 .: ?''l Y,. 'T `` s ,ef?) ray i ,i'e F ?T{ - 7 ., 1 e f rr A. PERMIT: "'-This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be, acted on'',' or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal,, construct ion. areas. WATER QUALITY SECTION DIVISION OF ENVIRONME NTAL MANAGEMENT DIVISION'OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerriing_an application for State Fedeyal CAMA Thi's office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or-construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. 7 0- 0-110" 7:77 77' bi..e? by more than 1'6 TJ's as a result of the proposed activity `after a teas n- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. .,Certification is required for this project. Such action to, process the certification has been initiated. Proposed Certification will be acted one or after rl 14 The proposed project is certified under General Certification A) 'No.'1179`issued on `January 25, D) No. 1431 issued on October 16, 1977, for sewer line` construction. 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal,;, construction. areas. , WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT A. PERMIT: )(This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. a ? a K PLEASE PUBLISH ON December 16, 1985 NOTICE OF FILING OF APPLICATION EM LAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION Pursuant to NCGS 113A-119(b) and-143-215 3 (a) (1) (c) , the Department of Natural Resources and Cannunity Development hereby gives Public Notice that Frank H. Kenan filed an application on November 26, 1985 for a permit from the Divison of Coastal Management to develop in an Area of Environmental Concern and for Certification fran the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable Water Quality Standards. According to said application, Frank H. Kenan proposes to maintain the entrance to an existing lagoon and pump the material to the beach front for renourishment purposes. Project is located at the south end of Figure Eight Island opening between Pipers Neck and Saltmeadow Road. A copy of the entire application and additional information may be examined (or copies furnished, upon payment of reproduction costs) during normal business hours at the Division of Coastal Management and/or the Division of Environmental Management, Regional Office, 7225 Wrightsville Avenue, Wilmington, North Carolina 28403. The Division of Environmental Management proposes to take final action on this water quality Certification on or after January 10, 1986 The 4 issuance of the CAMA Major Development and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to malty comments should do so in writing to Mr. David W. Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to December 31, 1985 for consideration under the CAM Permit Decision and to Mr. Cecil G. Madden, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 (Telephone: (919) 733-5181) prior to December 31, 1985 for consideration under the Water Quality Certification decision. i i } a too- l t. DEC 12 ?`J p 185 d D?(State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Field Services Section David W. Owens S. Thomas Rhodes, Secretary 7225 Wrightsville Avenue Director Wilmington, NC 28403 (919) 256-4161 December 11, 1985 Dianne Blake Star News P.O. Box 840 Wilmington, NC 28401 Dear Ms. Blake: Please place the following legal notice in the classified section of your newspaper and send the bill and affidavit to Christie Flynn, Division of Coastal Management, P.O. Box 27687, Raleigh, NC 27611. Sincerely, C,-,R I?j C. Robert Stroud, Jr. Field Consultant CRS/sbm Attachment P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer