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HomeMy WebLinkAbout19870189 Ver 1_COMPLETE FILE_19871109 DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section November 9, 1987 M E M O R A N D U M TO: /on Parker FROM: ill Mills &ZP-O* SUBJECT: Application for CAMA Permit John Mobley New Hanover County The Subject application has been reviewed for water quality impacts and the following comments are offered: a) This project does require a 401 Water Quality Certification, but does meet the requirements of General Certification No. 1273 for discharges from upland diked disposal areas. b) The proposed dredging depth is 6 feet below MLW. The plans indicate a tidal amplitude of 4 feet which should be adequate to allow an exchange of water in the channel sufficient to prevent water quality violations. BM/dkb cc: Preston Howard RECEIVED NOV O 4 1987 DIVISION OF ENVIRONMENTAL MANAGEMENT (A fiIONS e?I?P?'OM! MEMORANDUM DATE: OCTOBER 29, 1987 TO: Bill Mills Operations Branch FROM: MICHAEL F. WILLIAMS Wilmington Regional Office THROUGH: A. Preston Howard, Jr. ,{a? Wilmington Regional Officel?? SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Mies. JOHN N. hivxEy A DD66 4w)MV RD- Project Description:?~Ov? COVA?y TiVE APpuCAdr A A%e-6 7v *m1A1'L-N4A4W .0EMOCr- An1 &W6tilMri ACCEA6 d *.4NA% AAI,D ere,4 dA 1 & AA! Ae64 Aok pxcpeZ7t . Adjacent Water Body: Art*drle I#r fW45r t - 1)?T"P?Vy Classification: SA, Status : op6w smet4r4rmr1ye? The, project has been reviewed to determine impacts to water quality. The appropriate comments below have been checked: (X) The project will- ii?easet require a 401 Water Quality Certification. (9) The project complies with the General 401 Water Quality Certification # 1273 for 7W DtSCi?,?,ebe? !JP GIR01,P e1rr r )%4Wv A 0196D D[SM-ift- A96*, 00 The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction area to exceed 215 NTU. (,X) 7'ME PROlA05E0 DA6V 6WC1 2EPrY IS 6 peer 4suci J 001 • TAPE PGA I S inlorc?v-r? A 4 Poor reDw- AmPUr0p& cwSrs `t#W* s#00W ADWAr" ( ) AUODJ TJ?lf; "&t*1V4C Vr- WWC-e /A/ rNC- d"VA(et_ ro PRX-VC-Alr 0J.Q. SfiWP*RP5 V101WION5. This office has no objection to the project as proposed. -MFW:kc cc: DCM .cF;_ w Ro ..... ?. OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Mrs. John W. Mobley 2. Location of project site Man-made basin off Middle Sound Road (SR 1403) on AIWW, New Hanover County, New Photo 18-23, Grid 0 - P, 14, 15, 16. 3. Investigation type: Dredge & Fill X CAMA x 4. Investigative procedure: (A) Dates of site visit 7-17-87 7-21-87 (B) Was applicant -present yes yes 5. Processing procedure: 7. 8. Application received CC 7-29-87 6. Site description: (A) Local Land Use Plan Wilmington - New Hanover Land Classification from LUP conservation/resource protection Development constraints identified in LUP None for the maintenance portion - excessive wetlands disruption is inconsistent. (A) Vegetated wetlands: Spartina alterniflora Appx. 535 s. f. (B) Non-vegetated wetlands : Existing access channel Appx. 9900 s . f . Existing basins/channel combination Appx. 17250 s . f . New basin Appx. 2000 s . f . (C) Other: (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline X Coastal Wetlands x Public Trust Waters X Estuarine Waters x Other (C) Water dependent: Yes x No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing Septic tanks Planned Additional septic tanks (F) Type of structures: Existing Three sing le family residences Planned Two additional single family residences - 2 docks with fixed piers (G) Estimated annual rate of erosion N/A Source --- Habitat description: AREA Dredged Filled Other Project Summary The a and boat basins of her Office WiRO (D) Total Area Disturbed: Appx. 29685 s . f . (.7 acres) Mrs. John W. Mobley Page 2 9. PROJECT DESCRIPTION The project is located on the east side of Middle Sound Road (SR 1403) adjacent to the AIWW. There is an existing entrance channel which leads into an existing basin. There is also an existing access channel which turns south to another basin. Still another access channel turns north to provide a basin area for yet another property. The original channel/basin widths appears to be approximately 40' on the central and southern portion and approximately 351 on the northern portion. The maintenance of the entrance channel and central basin were permitted by State permit # 64-85. There is approximately 20 s.f. of scattered stems of smooth cordgrass S artina alterniflora) on the western side of the channel leading to the southern basin. There is another approximately 15 s.f. located at the junction of the southern channel and the entrance channel. There are some scattered oyster rock located within the channel and basin bottoms. The waters are classified as SA open and are a secondary nursery area. The applicant proposes to maintain all channels and basin with the exception of the middle basin. A new basin located west of the southern access channel is also proposed. Approximately 480 linear feet of basin/access channel would be maintained at a width of between 25'-35' and a depth of -6' mlw. Approximately 330' of entrance channel approximately 40' wide and -6' deep at mlw. The new basin dimensions are 80' x 25' x -6'mlw. The spoil (approximately 4000 cubic yards) would be pumped to the applicants high ground property. The dimensions of this area are approximately 80' x 500' or 0.9 acres. The two piers will serve the southern basin and the applicants new basin area. 10. ANTICIPATED IMPACTS As proposed the project will cause to be consumed approximately 535 s.f. of smooth cordgrass marsh. Of this amount, approximately 500 s.f. can be avoided if the southern access channel is maintained at the apparent approximately 40' original width which field observations indicate. The side-to-docking proposed will fit easily against the edge of the maintained channel and will allow for passage to the southern basin. The spoil disposal area will be constructed with an 8' high dike wall. This should readily allow for the containment of the estimated 4,000 cubic yards. The project must be timed to avoid periods of peak biological activity. Submitted by: C. Robert Stroud, Jr. Date: July 30, 1987 Office: Wilmington AI'lT IC A NON fOR PERMIT 10 L XCAVA 1 L AND/OR I- ILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVLRLD BY WATER CAMA PERMI FOR MAJOR DEVELOPMENT Depanment of Adminhtrat/on State of North Larullna Department of the Army (GS 140 12) Ucpattment.of Natutal Kewuti cs and Community Development Corps of Englnam. Wilmington Dlstrlct (6S 113-229, 143 211."x1.1111. 143 211.30), 113A-118 (33 CF k 209.320-329) Please type of print and fill in all blAlikS. !f inlormation is not applicable, $o indicate by placing N/A in blank. 1. 'Applicant Information A. Name t' CC) ,LE e. nlidress N.14 1 L "? N City or Town 11. Location of Proposed P"at: A. County NSW }}ANIKN-z 8. 1. City, town, community or landmark _ 2. Is proposed work within city limits? J Street, P. O. Box or Route State Yes No 340 - 91-9 l 4 8 Zip Code Phone 1..C=- SoUtvC) RD. C. Creek, river, sound or bay upon which project is located or nearest named body of water to project ,?oJ?.c?-r -r© I?.????11?? At??o?N ???? ?XI?Tt l??[9 ? ?S C?.?D?L 111. Description of Project A. 1. Maintenance of existing project New work B. Purpose of excavation or fill [ I I 1. Access channel (,? fi length -7 width ZS -35 depth 6' ? , / L .?.i t 2. Boat basin u?' r 1 "NOT Uength? width 251 depth - - 6' Q L.?, 3. F it rea ength 100 1 width 3S1 depth -' 4 O IS (-.. \.44 C. 4. Other length width depth 1. Bulkhead length Average distance waterward of MHW (shoreline)- N? 2. Type of bulkhead construction (material) N? D. Excavated material (total for project) A r 1. Cubic yards 4- Ooo : 2. Type of material E. Fill material to be placed below MHW (see also Vl. A) 1. -Cubic yards 2. Type of material NQ IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes No &-' C. Disposal Area 1. Location (9t1 2- Do you claim title to disposal area! D. 1-111 material source it fill is to be trucked in f` E. flow will excavated mater wl be entrapped and. erosion contfoiled?, ?)A'SGl K) k?.ob !`7 n SPlt-utl Y - I I ype cal cquiprrtenl to he used G Will marshland be crossed A MAY 15 lqp? protect site! It yes, explain - ?0 V f t 0/ 7h OFFICE OF COASTAL MANAGEVEt; i WILMINGTON REGIONAL OFFICE `?. Intended Use of Prof:ct Area (Dcscr:be) .:. i. Privatc_ 'FlsM ( L. ? 2. Commercial -? 3. Housing Oeve!opment or Industrial Y.Oth" B. 1. Lot size(s) _ loco' fi X 7 13?0 l t (( v -P VI. 2. Elevation of lot(s) above mean high water?[k;Zi I V Tb 3. Soil type and texture 4. Type of building, facilities or structures ??V2]E- ,_O t; S. Sewage disposal and/or waste water treatment A. Existing P `. ;"0. Describe N411 t u S S -?PPpj QE?j -7 r izv- 6. Land Classification (eir?le nne) DEVELOPED TRANSITIONAL CONSERVATION] OTHER Pertaining to Fill and Water Quality: COMK1UNIT RURAL - (See LAMA Local Land l+se Plan Synopsis) A. Does the proposed project involve the placement of fill materials below mean high water? Yes No L/ 8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned us: of the area following project completion? Yes_3CNo VII. Present rate of shoreline erosion (if known): N1 Vill. List permit numbers and issue dates of previous Department of Army Corps of Erginom or it:te permits fp/ work in project area, if applicable: NO???c IX. Length of time required to complete project: X. In addition to the completed application form, the following items rtust be provided; 1 . XI X11 ATE A. Attach a cogy of the deed (with State application only) or other instrument under which appii?.ant 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 project on his land. O. List names and t:omplete addresses of the riparian landown_rs with property adjoinin3 applicant,$. Such owners hzvy 30 days in which to submit comments to a(,enc!es listed below. G- m . er [ fzoc-ror.- , A-4-I M 1 mini AP ?nr1l1G\ 1] n \i 1 , I %'_ ., , w \ i , ') 1 1r B. Attach an accurate work plat drawn to scale on 3%5 Y l i" white paper (see instruction booklet for details). Note: Original drawinUs preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adiacent rrnarian landowners by (C:,istered or certified mail or by publication (G.S. 113-229 (d))Enter date sensed - = - '1$? .2 2 Type of discharge 1 3. Location of discharge O. S . BACA-S 4, t,). 3347 M l ODLG Sock m m Pik - - - - - N•?. SMtTk-1 J2. ,4'37 MIODL.ESOUNfJ?ID I? tl Certification requirement: 1 certify at to the best of my knowledge, the proposed activity comolics with the State of North Carolinah a ement program and will b- coneuctcd in d manner consistent with such progra Any r.crrn•t issued pursuant to th!s.•t ieation will allow he dcvtluoment des na;d in t r t.rs .tppli- eatiun and plat. Applicants ;ruuld therct"YJJL5b I "ppl•eaiuxt and plat ail ar;ti; leafed devel- upment act!v:t!es, !ncluutr.. cons:ruction, cxcavat!un;TiTllrtg, anJ IanJ clcarinl. Iii 'rtr.e7 !U/7P "._'<L\1L1:5L 51i?L iQ!t MAILIN(, IN!!- TP.UCT10NS k? y1 „ ?Hl,LH? ??' AGRI A=• RI ran , • ••uv • • • ,.,./f `S?-?? .I / u,. J' „»( ? I N _ ? TON ? '•••.o-. (? MA /ratT 44 0 E ? ?,; • .,? / SITE O fv+ncN+swut ."c" MA"Noo" /ML[r it % 7\ a srn ? /. ?' ? 111 "• _ o , , 111 t 4STAL :I '? a • MAINTENANCE DREDGING AND f ?..,... BOAT BASIN AT MIDDLE SOUND LOCATION MAP NEW HANOVER CO., N.C. BY MRS. JOHN MOBLEY 56 NORTHWOOD DR. "° WILMINGTON, N.C: • 3 O r ? ? ?Op t _ C'cYP) w 1 D? 1 V -? rr- = aZ =- 2 2 Zr" n 0 0* a rm ; O0 pc-v m c a _ x;u A 4f O G) N Go O r a _ •r + • O m ' Z ?. ,,......r.- m _ f xis Q k Z G) Zo .ir i ti 100 rm L o? cam OFFICE OF CO STAI MANAGf:tRi;(V1 Will i!INGTON RECIONAt OFFICE 1 -4 0> X, (n .2m ?z• =r- z o io Zoo Zm mZ ° Qz o °D c) -4 = OW D D -jX 0 Z<O_ Z ? zor mZ ZO a ° (A ZOW po m m n r-. m •, o1T1" m P-< ? m A. W. W. -90' CHANNEL N CU I ° O Z ---+ A G) i ? D 1 -} V:Lotmtl ? Dock r . SECTION A Mnn V? 2 ,t F "!3? = 35' ± 6p[iE OF EXVhPT CNAIWP-L ? GEA64 o N.w =+4. SECTION B 25? Q.W. +4•o _ L•W.= o.o VA.RIt?i - - SECTION C f r;i?? ; n .:i. GFFtCE MAINTENANCE DREDGING ANC BOAT BASIN AT MIDDLE SOUND NEW HANOVER CO., N.C. BY MRS. JOHN MOBLEY 56 NORTHWOOD DR. Cliff Iti I O d'-'rnAt M r • V ? r w U W n to °i a o ??- o . .... °n N A < CD a f 1>0 i r -4 m -u y; ? - o m n ? ? N c ' N x C x 0 a M n ma -? rvl w C, m ;u o, fn V y m w -a1 O O a? Q -i o z r. F M CD > C? D C21. *UC rn.C D - -- z a { 0 p 1 -1 V l C z • Oc-DmCDZ z 0 -D 3:3 4 <<< 0* r" C Z zOc mz ZO z 0 WO G C 171 nvnri•? O i 70 -(? ;u m v G) Z 47 D Z o. -{ on w N nr x rn l m 0 n r J D ? D i m 0 0 rI = m a y z A n o _a O in r Z i o . 1 y 0 0:2 II tx r Own ?I'm no (1` t 11.1 },`yjv ,;,\,.. Permit Class New STATE OF NORTH CAROLINA Department of Natural ' , community Development ?y a 1f'R!L 12. a Excavatio 116 to NCGS 113-229 Issued to Mrs. John W. Mobley, 56 Northwood Drive. Wi lmi nato Permit Number 208-87 authorizing development in New Hanover Countyat Middle Sound. off of SR 1403 near Ogden as requested in the permittee's application dated 5/14/87 including attached plats, sheets 1-4 of 4 w/modified sheet 2 dated received 10/5/87. This permit, issued on /a l /'?? , is subject to compliance with the application (where consistent with the permit), all applica le regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile shrimp or fin fish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management in consul- tation with the Division of Marine Fisheries. (2) Vegetated wetlands will not be excavated or filled. Where practicable, excavation will not reach closer than 10 feet to marsh areas so as to provide a buffer against the vegetation being undermined and eroded. Channel and basin widths may have to be reduced in, order to adhere to this condition. (3) Excavation will not exceed 5 feet below the elevation of mean low water (MLW). (4) The diked, excavated material retention area will distance from the mean high.',water (MHW) elevation wetlands to eliminate the possibility of dike marsh or surrounding waters. be constructed a sufficient contour and any vegetated erosion into or upon any 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, 1990 w 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. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Mrs. John W. Mobley ADDITIONAL CONDITIONS Permit #208-87 Page 2 of 2 (5) All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. (6) 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 allow adequate settlement of suspended solids. (7) 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.. (8) 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. (9) Outer slopes of dikes constructed to hold spoil must be provided with ground cover sufficient to restrain accelerated or man-made erosion. (10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTUs or less are not considered significant. NOTE: The permittee is advised to contact the local health department regarding their requirements for septic.. tank installations (as required under 10 NCAC 10A.1900 et. seq.). `_.'.For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Sewage Program at (919) 733-2895. ?•`k i IN REPLY REFEI:. 30 Regulatory Branch SUBJECT: File No. SAWC087-N-065-0363 Mrs. John W. Mobley 56 Northwood Drive Wilmington, North Carolina 28405 Dear Mrs. Mobley: OCT 2 6 1987 WATER QUALITY SECTION OPERATIONS BRANCH Reference your application for a Department of the Army permit to maintain a channel, canal and basin and construct piers and docks off the Atlantic Intracoastal Waterway (AIWW), Middle Sound, near Ogden, 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. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Vegetated wetlands will not be excavated or filled. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 Nr:l-MINGTON, NORTH CAROLINA 28402-1890 October 23, 1987 Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: HOA 23281 439 West York Street Norfolk, Virginia 23510-1114 Mr. Willian Hills Water Quality Section Division of Environmental nagenent North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. Beverly Etheridge, Chief Wetlands Section Region IV 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, Forth Carolina 28403 Hr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Boa 27687 Raleigh, North Carolina 27611-7687 Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina .27611-5039 Mr. Randy Cheek National'Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 L P( I-VI 1 f ? ,.?/s 1 ire. NCB ry _ r 00 4 -tar 44 _' r ?; ? '' ? •-i :.... v --- • 517E 1 '?.• _ i / l1w a 1 ,, F Z Z 4• 3 } ? MAINTENANCE DREDGING BOAT BASIN ?' l15 1 AT ?ADDLE SOUND LOCATION MAP NEW HANOVER CO., N-C- SY !.iRS. JOHN MOBLEY $c• 56 NORTHWOOD DR. • T ?` G G Q t 1 # e ? ?1•?? ? G ? 73NNC'N7 , 06 W U t?b •po l1J OU Oc[ v Q 0Z ZCC.( O o 0w 0> Z E p ?o ZQ WZ O, o c .,. co Q <z w 3: 3 Zg ZH 03 cz:u _------ J aO Qmz m ~ m ? f •K 1 U -f DIJJO :YN0034 TJOi`J!:i:1ibti1 33111, c W _ 1 / ; 1_Soi j is 7 o z _ z_ a N V ? =t W 7 s V 1 a ZI9id M? _r:--? !1 1 ?i ii i 1 ? 1 ? Z ~ C Z W o = Y _J p ~ = U p 0 Z c a j O © m m J r. CL t r m C ? W ° Y OS Y • 4 Z Q 'r- J - n- f MMZ O a - w Ix 8 w rLa 3o wz C a Z Q J = CD j n 6*7" Q1Le --- - ?.tE Ma1N`r? E S ECTI C,'V A N ?? 25 f Bt 35' ± Ep4E o F EX117t COA00SL GFAA Nw.=+4.0 J, zi -&-o SECTION B 25 - \- -yl'= +4.0 VAUIE:,? ---- ------ .. - - ---••_ -.• -moo SECTION L Zo Q _ r ?:r MAINTENANCE DREDGIN( BOAT BASIN AT MIDDLE SOUND NEW HANOVER CO_, N.C_ BY MRS. JOHN MOBLEY :5 ? 56 NORTHWOOD DR. 3 mF ..... . rTl11 a r- . . b ?F -? I F G W _ CL 0N N m 11 W Q o¢ ?? J 3 Lao J J OW F- Y p _ z _O J o ? a a U ? W LLI Z X ?- N Q J f:? O Q .? a N ? W LLJ - J Y J la) r, O <N l o UO h U- CL W ?-- o a U W Q C? z - D . w U ! 0 LA j Q I -? U Z i 0 OO W 0 Oz 2aC moz - z 0> z=? r Q Q U)o O c z W Q 7 0 Z ( Q1 W .J x z ZF- O - W Q M-z mina - m =gym Q W J z O a o F- J 13 W Q O N o _m i- Q a m ? p W W [O J ? W Q 2 Q ? m W ax 1- Q W a _ a N o- 93 N p ? O z C O ? W O _ m - LLJ ?.: u LLJ U I O W W D F - 1 X J t m> 0144 - . Q V N . o N CL } ~ O o - ? F-- z v tD j J _ SH-r 4 or 4- IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 October 7, 1987 SUBJECT: File No. SAWCO87-N-065-0363 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: KA OCr 13 1g8/1 Z-10 - Reference the application of Mrs. John W. Mobley for a Department of the Army permit to maintain a channel and canal; maintain and enlarge a basin and construct piers and docks off the Atlantic Intracoastal Waterway (AIWW), Middle Sound, near Ogden, 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. The proposed, new excavation, enlargement of the basin, will not be accomplished so as to eliminate the loss of the approximate 535 square feet of Spartina alterniflora marsh. b. In order to protect juvenile shrimp and fin fish populations, no excavation will be permitted bE!tween the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. c. The diked, excavated material retention area will be constructed a sufficient distance from the mean high water (MHW) elevation contour and any vegetated wetlands to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. -2- d. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into,any vegetated wetlands or surrounding waters. e. 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. f. 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. g. 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. h. Vegetated wetlands will not be excavated or filled. Excavation will not reach closer than 10 feet to marsh areas so as to provide a buffer against the vegetation being undermined and eroded. i. Excavation will not exceed 5 feet below the elevation of mean low water (MLW). j. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is.50 NTU's or less are not considered significant. k. This permit does not authorize interference with any existing or proposed Federal project. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch t Copies Furnished: -3- Mr. William Mills Water Quality Section Division of Environmental Management rth Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge,;Chief Wetlands Section Region IV 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 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 David W. Owens S. Thomas Rhodes, Secretary July 31, 1987 Director Mrs. Alice Beddingfield Division of Community Assistance Raleigh, North Carolina 27611 Dear Mrs. Beddingfield: The attached copy of an application submitted by: Mrs. John W. Mob Applicant's Name Middle Sound Road New Hanover Location of Project County x for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than Ai,u(gi,et- 20719R7 Sincerely, ; d I J n Parker, Jr., Ghief Major Permits Processing Section JRP:ap:2480 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer . Yom: ?A' IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 May 22, 1987 SUBJECT: File No. SAWC087-N-065-0363 Mrs. John W. Mobley 56 Northwood Drive Wilmington, North Carolina 28405 Dear Mrs. Mobley: ALk ? I V M I\ v 2 ?087 tl0N On February 6, 1986, we renewed 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 May 18, 1987, for a Department of the Army permit to maintain a channel and canal, maintain and enlarge a basin and construct piers and docks off the Atlantic Intracoastal Waterway, Middle Sound, near Ogden, 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. SAWC087-N-065-0363 and will be coordinated by Mr. Hugh Heine. He is available to address questions or comments you may have at telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch - Enclosure -2- Copies Furnished (without enclosure): 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 ?f 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 Wilmington, North Carolina 28403 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agen 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue