ALEX MALPASS

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
Regulatory Branch
SUBJECT: File No. SAWC087-N-065-0237
iN REPLY REFER TO
February 24, 1987

MIAR 0 2 1987
Mr. Alex Malpass
5131 Carolina Beach Road
Wilmington, North Carolina 28403
VIATER QUAL101'Y In 41
OPr..RAT110,NS
Dear Mr. Malpass:
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 February 18, 1987, for a
Department of the Army permit to maintain and extend a canal and
basin, construct and backfill bulkheads and construct a concrete
ramp and a floating dock off the Atlantic Intracoastal Waterway
(AIWW), Myrtle Grove Sound, near Wilmington, 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If your application must be withdrawn from this general permit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 and Section 404 of the Clean Water Act, has been
assigned No. SAWC087-N-065-0237 and will be coordinated by
Ms. Alison Arnold. She is available to address questions or
comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
i

-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
Division of Environmental
Management
North Carolina Department of
v 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
Region IV
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
Mr. Rob Moul
Timber and Land Management
Consultants, Incorporated
Post Office Box 1471
Wilmington, North Carolina 28402-1471
1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 24, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-065-0237

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
Dear Mr. Mills:

Enclosed is the application of Mr. Alex Malpass, represented
by Mr. Rob Moul, Timber and Land Management Consultants,
Incorporated, for a Department of the Army permit and a State
Water Quality Certification to maintain and extend a canal and
basin, construct and backfill bulkheads and construct a concrete
ramp and a floating dock off the Atlantic Intracoastal Waterway
(AIWW), Myrtle Grove Sound, near Wilmington, New Hanover County,
North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by April 24, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
ar W. Ho
.
ief, Regulatory Branch
Enclosure
j -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. C. Robert Stroud
Wilmington Regional Office
North Carolina` Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
q10 91
4

Ms. Alison Arnold
Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Alison:
February 13, 1987
1 ?" t7 7?

In reference to your letters dated September 16 and October 1,
1986, please find a major modification request for Inlet Point,
Phase II which is owned by Mr. Alex Malpass. As noted in the
attached letter to Bob Stroud, this submission replaces the earlier
modification request for the subdivision/canal development. This
latest request constitutes the 6th renewal of SAWCO 77-N-065 for
the canal/basin excavation and illustrates the upland development
for stormwater purposes.
A dredge and fill plan is attached along with the stormwater
plan and sectionals. Also, an 8z" X 11" reduction of each is
provided for your files. Should you have any questions, please
feel free to contact me at your convenience.
Sincerely, J
Robert L.
I?OUl \
Land Use Consultant
RLM/nm
enclosures
r
f9f6.?n.:,,?ea ??
?ti?n.?,y.?ix; ? ?Y.P P6?06
cc: Alex Malpass
Bob Stroud

,V
???lyr.?Q 919/x' f?? 01%.9
February 11, 1987
Mr. Bob Stroud
Division of Coastal Management
7225 Wrightsville Ave.
Wilmington, NC 28403
Dear Bob:

Enclosed, please find a major modification request for Inlet
Point, Phase II which is owned by Alex Malpass. This submission
replaces the earlier modification proposal by Mr. Malpass which was
delivered to you last July before permit #122-77 expired. I have
also attached to this application a new $100.00 application fee;
the previous $25.00 renewal fee will be voided and should be
returned to Mr. Malpass.
Attached to this application is the storm water plan and the
preliminary plat for the 54 lot subdivision. These drawings
illustrate the previously permitted canal and turning basin
dimensions with the addition of two permanent dike disposal areas.
The applicant wishes at this time to stabilize the eroding canal
banks with 3,100' of wooden bulkheading and plant a 6' wide fringe
of cordgrass along its toe, per condition #2 of the permit.
Included in this modification request is the addition of a 50' X
15' community concrete boat ramp and beside it, a 200' X 4' wide
floating transient dock for all property owners.
As proposed, the circular turning basin will be dug to a -4.5'
(MSL) depth and will empty into the existing 70' wide canal, which
will taper to a -7' depth at its intersection with the AIWW. In
order to satisfy condition 41 of the permit, a temporary earthen
plug will remain between lots #12 and #27 while conventional earth
moving equipment dredge the turning basin to ground water. At that
point, a hydraulic dredge will enter the canal and perform
maintenance excavation and contour the bottom elevations as
proposed. A hanging silt curtain will be installed between lots #7
and 030 to minimize turbity impacts during excavation.

Mr'. Bob Stroud
February 11, 1987
Page 2
Thank you for your assistance and should you have any
questions, please feel free to contact me at your convenience.
Sincerely, 'r
Robert L. Moul
Land Use Consultant
RLM/nm h-•
Enclosures
cc: Dave Cotton, DEM
Alex Malpass

PERMIT'-f0 LXCAVAIL AND/OR FILL
EASEMLNI IN LANDS COVERLD BY WATER
AI'I'LICAIION
I7OR
WATER QUALITY CC R1 IFICA T ION
LAMA I'ERMIT FOR MAJOR UEVELOIV.LNT
rtmcni of Adminl?tratlon SUtc of Norlh CA(ollna Ucputinon( of the Army
146-12) Ucimlivient of NAwral Kesou(eos and Cammunlty Uevelopmerll Corps of Enllneo(z, WIlmingueolstrlcl
(GS 113.229, 143.215.3(x)(1), 143.215.3(c), 113A•118 " (33 CIFK 209.320.329)
Major modification to Permit No. 122-77
Please type Of print and fill in all blanks. If infon(tation i$ not applicable, so indicate by placing N/A in blank.
F-C
Applicant Information
A. Name Ma pass, Alex
Last First ' Middle
B. Address r,1 31 Carnl i na RPar.h Road
Street, P. O. Box or Route
Wilmington, NC 28403 791-5775
City or Town State Zip Code Phone
Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Inlet Point Subdivision Myrtle Grove Sound
2. Is proposed work within city limits? Yes No _X..
C. Cteek, river, sound or bay upon which project is located or nearest named body of water to project
AIWW at Day Target 156
1. Description of Project
A. 1. Maintenance of existing project Dredging 2. New work Completion of turning basin & 44 lots
B. Purpose of excavation or fill
1. Accesschanncl extension length 150' width 701 depth -6.0 (MI,W)
2. Boat basin 1--urni ng basin length X40'_ width 330' depth -5„Q .(.MLW)
6" at -4.0 (MLW )
3. Fill area concrete ramp length 50' width 15' depth
4. Other_ floating dock length 200' width 4' depth floating transient
C. I. Bulkhead length 3100' Average distance waterward of MHW (shoreline) + 2' it /1
2. Typc of bulkhead construction (material) Seawood, galvanized hardware and Filter X
D. Excavated material (total for project)
1. Cubic yards 22 , 300 2. Typc of material sand/silt
E. Fill material to be placed below MHW (sec also VI. A)
1. Cubic yards 375 2. Type of material concrete
Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X-
B. Does the disposal area include any (Marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location Maintenance area at entrance; new spoil area at s.w. corner
2. Do you claim title to disposal arca!_yes
U. l 'ill nwicrldl source it fill is to be tucked in N/A
E. IIOW Will CMAVAICd (ilalel-W be ent(apped and e(oslon conlrollcd? Within approved diked disposal
areas. Other areas grassed within 30 days.
1 1 ypc of equipnfcnt to be used--p i Z, harRkhpe, dozer and hydraulic dredge
6. Will rnanhland be cfussed if) tramporting equipment to project site? If yes, explain no
• V. "14441XW Use of Projcct Area (Desulbc)
A. 1. Private
2. Commercial
3. Houtrn$ Dcv?lop mcnt or Industrial 44 additional single family lots
4. -Other
8. I. Lot slzc($) 15 , 000 s . f . minimum
2. Elevation of lot(s) above mean high water 91-111 (MSL )
3. Soil typo and texture Kureb, Leon.- sands
4. Type of bulldinS facilities or structures _ Single family 5truetures (± ?? s f _ Sze )
5. Sewage disposal 4nd/or waste water treatment A. Existing- 62,..o 500 UZ Planned CQ0npct to Dolphin Bay
U. Describe Upgrade Dolphin Bay treatment plant per DBM permit limitatior3s . ?t
6. Land Classif"lion (circle one) DEVELOPED `RANSITIONAL COMMUNITY' RURAL
CONSERVATION OTHER($co GAMA Local W(W.Uso Plan Synopsis)
VI. Pertaining to Fill AM Water Quality:
A. Does ti?e proposed project involve the placement of fill materials below mean high water? Yos X No_,w„ 2 ramp)
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No
2. Type of discharge- Diked disposal area effluent
3. Locationofdischargc_ Tn man-marlp canal as own_
VII. Present rate of shoreline erosion (if known): _+ 1.51-51/yr. along bank
Vlll. List penult numbers and Issue dates of previous Department of Army Corps of En hwa qr St4ta pormits f
work In project area, If applicable: LAMA 122-77, 6th renewal; Corps SAWco 77-N-065
IX. La lth of time required W complete project: ,1 year
X. In addition to the completed application form, tiro following Itcau must bo provided:
A. Attach a copy of Ole d` (with State application only) or other instrument under wlilcli applicant (On f i le )
claims title to the affected property. OR If applicant is not claiming to be the owner of 414 prgporty,
then forward a copy of the 4ced or other instrument under whi4h the owner claims 410o plUf written
permission from tthp owner to carry out tl?o project on his land.
8. Attach an accurate work plat drawn tp scale op 8i X 11" white paper (sec Instructlon poaklgt for , (Attached)
details). Note: Original drawings preferred - only high quality coplcs acceptod.
C, A copy of the application and plat must be served upon adjacent riparian landowners by rcgastercd Pr
certified moil of by puplication (G.S. 113-22P (d))Entcr date served _-2./7'/67 .J r,P. u w c.,,i_K Ls attached)
0. List names and Fomplctc addresses of the riparian landowners with property adjolplpg appllgarj?'t-
Such owners havq 4Q days in which to submit comments to a$cncios listed bcle,,lr.
Homer Barrett Wachovia Bank and Trust
P.O. Box 40707 ox 21886 ? r ad'acen
l.?aye -evi e, ? property owners,
list
XI. Certification requirement: I certify that to ti?e best of my knowledge, ti?e proposed activity complies
with the State of North Carolinas approved coastal management program and will be conducted In al
manner consistent with such program.
KII. Any per?nit issued pursuant to this application wi;i Allow only the development described In 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 Tearing. „

Q Applicant's Signature
Rob Moul, agent (343-0172)
. 10 7d SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
/
INLET BAY UTILITIES
. 5717 Caroling Beach Road
Wilmington, North Carolina 28403
791,4404
February 6, 1987
Mr. Rob Moul
Dear Mr. Moul:
.r

This letter is in reference to your inquiries regarding capacity-
at the Dolphin Bay Treatment Plant. The discharge permit is for
80,000 gallons per day. This could probably be expanded, if
necessary, with the approval of D.E.M. The current plant has a
capacity of 62,500 gallons per day. If you use a design flow
of 400 g.pd per unit the plant could be expanded by 43 units and
still be within its current discharge limitations.
This capacity is not committed at this time and is available. If
I may be of further assistance please do not hesitate to contact
me.
S' ce el y,
Stephen T. Hale
n.
ADJACENT PROPERTY OWNERS
INLET POINT SUBDIVISION (PHASE II) ,?.
Wayne and Carolyn Hanson -(Lot 1-A)
246 Inlet Point Dr.
Wilmington, NC 28403
Gerald and Hannah Parker .(Lot 1-B)
21 Woodpecker Ln
Morehead City, NC 28557
Teddy and Lorraine Morawski (Lot ?.)
238 Inlet Point Dr.
Wilmington, NC 28403
Warren and Mary Delong (Lot 2)
234 Inlet Point Dr.
Wilmington, NC 28403
Rodney and Mary Overton (Lot 3)
230 Inlet Point'Dr.
Wilmington, NC 28403
Willard and Adele Cohn (Lot 44-5)
222 Inlet Point Dr.
Wilmington, NC 28403
..4
TIMBER & LAND MANAGEMENT CONSULTANTS, INC.
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1
Submittal Form for
Projects Using Density Limits for
Stormwater Control
PROJECT DATA
Name of Project: ni. Point Subdivision (Phase II
Location (County, Township/Municipality, Address): At
jun_ ion of U .S. 421 and Inlet Point Rd., New Hanover Cty.
Individual Submitting Forma _Rob Moul, agent
Mailing Address: Timber and Land Management Consultants,
Idac., P.O. n_-1471, Wilmington, NC 28402-1471
Phone No: [phone] -
Inlet Point Subdivision (Phase II) will create an additional
44 residential lots on the balance of the 38.0 acre tract.
Previously, 10 lots were platted along a 975' access c annel.
A turning basin, boat ramp and bulkhead are also propose .
Class SA Water Body-Receiving Stormwater Runoff:
AIWW
Project Area:
-Total Area of Proposed Project 32.72 acres.
-Area within 75 feet of SA Waters (Mean High Water)5.27 acres
-Area between 75 feet and 575 feet of SA Waters200.82 acres
(Indicate areas on maps and drawings)
State/Federal Permits and Approvals Required
(Check Appropriate Blanks)
CAMA Major X Sedimentation & Erosion Control x
404 Permit x DEM/DHS Sewage Disposal
Other (specify) _P4 at Dolphin Bay plant
BUFFER AREA
Is all built-upon area at least 30 feet from mean high water of
all surface waters? X Yes No
If no, please provide a detailed description.
N/A (50' setback minimum)
i
(Note: Only boat ramps, public roads, public bridges and
walkways to water related facilities are allowed within 30
feet of mean high water if the project is intended to meet
stormwater control requirements through density limits.)

CALCULATION OF EFFECTIVE IMPERVIOUS COVER
(Please include detailed drawings)
Within 75 ft.
Type of Built- Impervious Built Impervious
Upon Area Factor Acres Acres

Between
Built
Acres
r
75 & 575 ft.
Impervious
Acres
201 pavement 0 10 10 1.48 1.48
44 houses 1.0 173 .73 2.89 2.89

(attach additional sheets if necessar )
Totals
Total Projec

% Effective XXXXXXX XXXXX
t Area within Zone

Impervious Cover .83
5.27
X 100%
= 16% XXXXX

X
_ 4.37
20.82
100'%
.21%
Note: Impervious Acres = Built Acres X Impervious Factor
Impervious Cover Factors
Material Factor
-Asphalt, concrete, brick wood structures 1.0
(other than decking) and other impermeable
surface-.
-Marl and well-packed/heavily used gravel 0.9
roads
-Turfstone and not heavily used gravel 0.7
-Elevated wooden walkways and decking 0.1
/-Water surface of swimming pools and 0.0
wastewater drainfields
Note: Justifications for other factors must be included with form.
Porous asphalt pavement can not be used to meet density limits but can
be used as part of system to handle the two year, twenty-four hour
design storm. The area of rotary distributors for wastewater disposal
shall not be included as part of the project site in calculations of
effective impervious cover.
• 9
CERTIFICATION y
I, Rob Moul , certify that the information
included on this submittal form is correct, that the project will be
constructed in conformance with this information and that to the best
of my knowledge, the proposed project complies with the requirement of
15 NCAC 2H .0408(e).
2/3/87,
Signature-Owner or Agent Date
l? (1 Rnv 1 d 71 in14 1 mi nn+- . Aj(+
Address 28402-1471
If agent, please list owner's name and address below.
Al rax_Mnl naS.
,1 31 C'arnl i na Bench Rnarl
Wilmington, NC 28403
Send Form to:
Washington Region Wilmington Region
Water Quality Supervisor Water Quality Supervisor
Div. of Envir. Mgmt. Div. of Envir. Mgmt.
1505 North Market Street •7225 Wrightsville Ave.
Washington, N.C. 27889 Wilmington, N.C. 28403
[phone] [phone]
For the Following Counties: For the Following Counties:
Beaufort Carteret
Craven Brunswick
Dare New Hanover
Hyde Onslow
Pamlico Pender

Permit Class Permit Number
7th Renewal STATE OF NORTH CAROLINA 122-77
Department of Natural Community Development
? `c
0
C eSA}Zicion Oak 01
DR]
DO Excavatio *
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
Issuedto Alex Malpass & Charles Lewis, 5131 Carolina Beach Rd., Wilmington, NC 28403
authorizing development in New Hanover County at Myrtle Grove Sound (at Day Marker
#156) as requested in the permittee's application dated 4/8/80 including
attached plats, 2, dated 3/31/80.
This permit, issued onIf ? , is subject to compliance with the application (where consistent
with the permit), all applicable of gulations, 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) A plug must be re-established after the dredge enters the canal. Such
plug must remain in place while the remainder of the upper basin is being
excavated.
(2) The tidal basin and slopes of the boat channel additions will be sprigged
with Spartina alterniflora (smooth cordgrass) prior to the removal of the
temporary.. ear en.._p u7 g: Personnel of th'e _Division- of Coastal Management
must be contacted to observe plug removal-ano inspect planting.
(3) The project shall be designed so as to divert surface water runoff away
from the canal and boat basin.
(4) All septic tanks and drain lines shall be located not less than 100 feet
from the mean high water line of the canal and boat basin.
(5) The waterward edge of the proposed diked disposal area will be staked by
representatives of the Division of Coastal Management prior to construction.
(See attached sheet for Additional Conditions)
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
May 15. 1988
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
to NCGS 113-229
Davl W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Alex Malpass &
Charles Lewis

Permit #122-77
ADDITIONAL CONDITIONS
(6) In the portion of the project which involves excavation by hydraulic dredge,
the following conditions apply:
a) All excavated materials must be confined on high ground behind adequate
dikes or other retaining structures to prevent spillover of solids
into any marsh or surrounding waters.;
b) The discharge from any spoil area will be routed back to the canal;
C) The terminal end of the pipeline must be positioned at or greater than
50' from any part of the dike and a maximum distance from spillways
to allow adequate settlement of suspended solids;
d) A water control structure must be installed at the intake end of the
effluent pipe so as to insure compliance with water quality standards
in 7;
e) The diked disposal area must be constructed a sufficient distance from
the mean high water line or any marshland to eliminate the possibility
of dike erosion into or upon the adjacent waters and/or marshlands;
f) The dike wi-11 be seeded, grassed or otherwise stabilized within four
(4) weeks of dike construction to prevent undue erosion of the dike
with resultant solid materials entering adjacent marsh or waters.
(7) The plug will not be removed until turbidity levels in the canal are accep-
table to the Division of Environmental Managegent's Field Office.i_n.Wilmington.
That office should ,tie contacted at (919) ;256-4161 to determine turbidity
... , .
levels. -
(8) The resulting spoil material placed on adjacent high ground property will
be leveled and smoothed to conform with the surrounding area and provided
with a ground cover sufficient to restrain erosion within thirty (30) days
after project completion.
NOTE: The fill material on some of the lots may not be suitable for septic
tank systems. A permit from the local health department is required.
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 9, 1986
SUBJECT: File No. SAWC086-N-065-0404
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
Dear Mr. Mills:
F- E ®
14,'1_ 1 1985
lt4ATER QUALITY SECTION
UpCV. RT1ty4S BRANCH
Enclosed is the application of Messrs. Alex Malpass and
Charles Lewis for a Department of the Army permit and a State
Water Quality Certification to excavate a canal and construct and
backfill a bulkhead off the Atlantic Intracoastal Waterway (AIWW),
Myrtle Grove Sound, Wilmington, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by September 8, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
il
is
Ct Wt His
Regulatory Branch
Enclosure
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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. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
?•
4- nmiseevoino-%arp
y APPLICATION
FOR.
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION y.
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MA)OR DEVELOPMENT
Department of Administration State of North Carolina Department cf tihe*Arriy
(GS 146.12) Department of Natural Resources and Community Development Corps of En Wllmli}?Zo1?ht ?1tt
(GS 113.229, 143.215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 20309) 7
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information.
A. Name MA_ LPASS , ALEX & LEWIS, CHARLES
Last First Middle
B. Address 5131 Carolina Beach Road, Wilmington, NC 28403
Street, P. O. Box or Route
Wilmington, North Carolina 28403
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Myrtle Grove Sound, Day Target 156
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Mlgrtl P GrnvP
S Oland near Day Target 156
Description of Project
A. 1. Maintenance of existing project 2. New work X
B. Purpose of excavation or fill
I. Access channel length 550 , width 100 depth 8' below MLW to 6'
2. Boat basin length same width same depth same
3. Fill area length 400' width 800' depth
4. Other length width depth
C. 1. Bulkhead length 2 , 500 Average distance waterward of MHW (shoreline) 0'
2. Type of bulkhead construction (material) treated timber w/ galvanized fastenings
D. Excavated material (total for project)
1. Cubic yards 20 , 000 2. Type of material sand
E. Fill material to be placed below MHW (see also VI'. A)
1. Cubic yards 0 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated. include any marshland, swamps or other .wetland? Yes No _X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location--On site. of development (see plan attached)
2. Do you claim title to disposal area? es
D. Fill material source if fill is to be trucked in N/A
E. Flow will excavated material be entrapped and erosion controlled? dikes, berms, grass seeding &
sprigging
1. 'lypeol equipment lobe used dozers, scrapers, back-hoes, drag lines, & Hydraulic red
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
l K:.;
V. Intended Use of Project Area (Describe)
A. 1. Private private residential homes and streets (subdivision)
° 2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s)-} 15,000 square feet
2. Elevation of lot(s) above mean high water +12 msl
3. Soil type and texture sand
4. Type of building facilities or structures residential with a clubhouse
5. Sewage disposal and/or wastewater treatment A. Existing Planned
B. Describe Connect to existing collection system for Dolphin Bay
6. 'Land Classiflcation'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project cpmpletion? Yes No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): _ N/A
VIII. List permit.numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: , 8/15/7 8 SAWCO -N-06 -02 -0 8 11/15/78 No. 122-77
IX. Length of time required to complete project: 12 months
X. In addition 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 carryout; the project on his land.
B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S..-J.13-229 (d))Enter date served on l e with Coastal Resources Comm.
D. List names and complete addresses of the, riparian, landowners with property adjoining applicant's.
Such owners have 30 days in whiclib sut snit comments to agencies listed below.
was applied for.
XI. Certification requirement: 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.
XII. Any permit issued pursuant to this application will allow only the development described In 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.
DATE June 23, 1986 Alex Malpass
Applicant's Signature
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 10, 1986
SUBJECT: File No. SAWC086-N-065-0404
Mr. Alex Malpass and
Mr. Charles Lewis
5131 Carolina Beach Road
Wilmington, North Carolina 28403
Dear Messrs. Malpass and Lewis:

3UL 1.4 1986
WOPERATATER BRACN ION
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 July 3, 1986, for a
Department of the Army permit to excavate a canal and construct
and backfill a bulkhead off the Atlantic Intracoastal Waterway
(AIWW) 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 and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-065-0404 and will be coordinated by
Ms. Alison Arnold. She is available to address questions or
comments you may have at telephone [phone].
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
Division of Environmental
Management
North 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, 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. Charles Jones Mr. C. Robert Stroud
Morehead City Regional Office Wilmington Regional Office
North Carolina Division of North Carolina Division of
Coastal Management Coastal Management
Post Office Box 769 7225 Wrightsville Avenue
Morehead City, North Carolina 28557 Wilmington, North Carolina 28403