19870247 Ver 1_COMPLETE FILE_19871229

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 21, 1987
SUBJECT: File No. SAWC087-N-010-0551
RECEIVED
DEC 2 9 1987
Mr. Joe L. Peed
301 Sunset Boulevard
Sunset Beach, North Carolina 28549
Dear Mr. Peed:
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference your application for Department of the Army
authorization to maintain a canal and reconstruct a dock off the
Atlantic Intracoastal Waterway (AIWW), Sunset Beach, Brunswick
County, North Carolina.
Your proposal has been reviewed and found 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. 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. Ernest Jahnke,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (with enclosure):
Director, Atlantic Marine Center
National. Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
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. 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. Marc Botbol
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
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. Ann Miller
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
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Permit Class Permit Number
New - - STATE OF NORTH CAROLINA 241-87
Department of Natural ReW&Bes; nd Community Development
r. for
a Malo%?e lognt nt:in?ati1t!tionmental
Conce' r an( to,NC?' I IAA- YB
X Excavation, id)br,,ftllin&pursuant to NCGS 113-229
Issued to Joe L. Peed, 301 Sunset Boulevard, Sunset
authorizing development in Brunswick County at AIWW canal off of. adjacent to
Sunset Blvd., on mainland as requested in the permittee's application dated 2/18/87 including
attached plat set, 7 sheets, dated 8/10/87
This permit, issued on 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
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 and fin fish populations, no excavation
or filling will be permitted between the dates of April 1 and September
30 of any year without the prior approval of the N. C. Division of Coastal
Management.
(2) 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.
(3) The diked disposal area will be constructed a sufficient distance from
the mean high water level or any marsh to eliminate the possibility of
dike erosion into or upon any marsh and/or surrounding waters.
(4) 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
(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
December 31. 1990 -
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

Joe L.Peed Permit #241-87
Page 2 of 2
ADDITIONAL CONDITONS
to allow adequate settlement of suspended solids.
(5). 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.
(6) 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.
(7) The activity will 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 NTUs or less are not considered significant).
(8) No excavated or fill materials will be placed at any time in any vegetated
wetlands or waters of the State.
(9) Vegetated wetlands will not be excavated or filled.
(10) Excavation will not exceed 6 feet below the elevation of mean low water
(MLW).
(11) The temporary placement or double-handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
(12) This permit does not authorize interference with any existing or proposed
Federal project.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, .1978, for discharges of liquid effluent
from diked upland joisposal areas.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 7, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: Files Nos. SAWC087-N-010-0248 and SAWC087-N-010-0551
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:
RECC?IV
48 r 3 1987
Wkt-h
OPERA f 101V$ or ?? EC T101y
Reference the application of Mr. Joe L. Peed for a Department
of the Army permit to maintain a canal and reconstruct a dock off
the Atlantic Intracoastal Waterway (AIWW) at Sunset Beach,
Brunswick 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. In order to protect juvenile shrimp and fin fish
populations, no excavation or filling will be permitted between
the dates of April 1 and September 30 of any year without the
prior approval of the North Carolina Division of Coastal
Management.
b. 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.
c. 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.

-2-
d. 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.
e. 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.
f. No excavated or fill materials will be placed at any time
in any vegetated wetlands or waters of the State.
g. Vegetated wetlands will not be excavated or filled.
h. Excavation,.will not exceed 6 feet below the elevation of
mean low water (MLW).
i. The temporary placement or double handling of excavated or
fill materials within waters or vegetated wetlands is not
authorized.
j. This permit does not authorize interference with any
existing or proposed Federal project.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief., Regulatory Branch

-3-
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
/forth Carolina Department of
Natural Resources and
Community Development
Post Office Box 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
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Marc Botbol
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
a??o
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
S. Thomas Rhodes, Secretary
September 18, 1987
Ms. Renee Gledhill-Earley
Environmental Review Coordinator
Division of Archives and History
Raleigh, North Carolina 27611
Dear Ms. Gledhill-Earley:
The attached copy of an application submitted by:
David W. Owens
Director
Joe L. Peed
Applicant's Name
Sunset Beach Brunswick
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 IMUMUX 10/9127
Sincerely,
o R. Parker, Jr., Chief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 276117687 Telephone [phone]
An Fnual Opportunity Affirmative Action Emplover

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application,for State Federal CAMA Permit(s) from i:2 C'
/ AXC.+` /.?- 1 G"r 1. 1? ?!L1,7?!"i-..P.7 ?/ry/? /ACC /^? ?_s•
L, lY" I F C J// i t 1.!. iJ f 6
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,
1977, for sewer line construction
B) No. 1272 issued on November 10,
1978, for bulkhead construction.

D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E) No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
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
et?
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORAIM
DATE: fU-l3- X37
TO: Bill Mills
Operations Branch
FROM: David H. Cotton op-
Wilmington ,Regional Office
THROUGH: A. Preston Howard; Jr. Q?
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
P--V%4W i G1- COu^?) I I }
Project Description: 1Y1a;no..wr•c.`- d??? ;,.? a,n sxib???? a?«SS c,h..???1
60J
Adjacent Water Body: ?%,;. ar Ca?a<< +'1"? bvTwr? Ta I?Zkf 1?V
Classification: S g Status:
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
(X) The project will will not require a 401 Water Quality
Certification.
The project complies with the General 401 Water Quality
Certification # 12.-I 3 for b,kz bisFo,b1 kec,,
(O The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceed 2.-5' NTU.

This office has no objection to the project as proposed.
DHC:kc
cc: DCM "(n Are- 130 e
CF, WiRO
1. Applicant's name Joe L. Peed
2. Location of project site 301 Sunset Blvd. Sunset Beach, Brunswick County, New
Photo # 8-68,-Grids N-13-14
3. Investigation type: Dredge & Fill yes CAMA yes
4. Investigative procedure: (A) Dates of site visit 8-6-87 8-27-87
(B) Was applicant present yes yes
5. Processing procedure: Application received cc 9-9-87 Office WIRO
6. Site description: (A) Local Land Use Plan Brunswick
Land Classification from LUP Conservation
Development constraints identified in LUP
(B) ABC(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 Commercial X
(E) Type of waste crater treatment: Existing Septic tank
Planned N/A
(F) Type of structures: Existing Bulkhead, dock
Planned N/A
(G) Estimated annual rate of erosion N/A Source
7. Habitat description: AREAL
Dredged Pilled Other
(A) Vegetated wetlands :
N/A
(B) Non-vegetated wetlands :
Open Water (access
channel Appx. 0.24 acres
(C) Other:
Spoil Site
(D) Total Area Disturbed:
22 , 500 scif
Appx. 10 , 000 sf Appx. 22 , 500 sf

to maintain
to
ag access channel
excavate the

9. PROJECT DESCRIPTION
The project site is located at 301 Sunset Blvd., Sunset Beach, North Carolina.
It can be reached by taking Hwy 17 N and turning on SR 179 toward Sunset Beach.
The project site consist of an existing access channel which has been shoaled
and is in need of maintenance.
This channel measured approximately 1000 feet long and 60 wide of which 500' x
20' wide is being considered. There are fringes of smooth cordgrass (Spartina
alterniflora) along the edges of the channel. These average approximately 10'
to 15' wide. On the north side of the channel there is a fish market and on
the south side there is a vacant wooded land. There is an existing seawall
which extends approximately 40 feet from the western portion of the canal
adjacent to the fish house. There is also an existing dock measuring
approximately 10' x 30' which at present is failing and is in need of repair,
this dock is located near the northeastern corner of the applicants property.
The waters in the project area are classified as SA water and are a designated
primary nursery. They are closed to the taking of shellfish according to
Marine Fisheries. The water depths in the channel range between +1.7 to -4.2
mlw.
The applicant proposes to maintain that portion of the channel measuring 500'
long x;20' wide.x 6' mlw which will result in the excavation of approximately
2222 cubic yards of sandy loam material. This material will be placed in the
designated spoil area as shown in the plat. This area measured approximately
75'x 300' with a 6' dike. A pipe will direct the dredged material effluent to
the AIWW. The applicant also proposes to repair and/or rebuild the existing
dock.
10. ANTICIPATED IMPACT
The proposed project will involve some short-term siltation and turbidity
problems. It should be timed so as to avoid periods of peak biological
activity for commercially important species.
Submitted by: Marc Botbol Date: September 11, 1987 Office: WIRO
s
APPLICAT IUN
".
FOR
FEB 20 198"'
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOOe N046k ENl
WIf.Mitif, C ICE
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wllmfngton District
(GS 113.229,143-215.3(a)(1),143-215.3(c), 113A-1IS (33 CFR209.320.329)
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 Peed Joe L
A. Name
Last First Middle
B. Address 301 Sunset Blvd.
Street, P. O. Box or Route
Sunset Beach NC 28549 919-579-6372
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Rrtinetwi nk
B. 1. City, town, community or.landmark Town of Sunset Beach
2. Is proposed work within city limits? Yes No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
FxigtinQ canal leading into Atlantic Intercoastal Waterway
111. Description of Project Dredge and/or dragline of existinc_
A., 1. Maintenanceof existing project t. New work' canal and rebuild existing dock
B. Purpose of excavation or fill
1. Access channel 500 r length 20' width 6 r depth
2. Boat basin length width depth
3. V ill area length width depth
4. Other length width depth
C. 1. Bulkhead length .^.__ Average distance waterward of MHW (shoreline)
2. 'rype of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2222 2 Type of material Sandy loam
E. fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No Fxisting Cana
B. Does the disposal area include any marshland, swamps or other wetland? Yes No Adjacent to canal
C. Disposal Area
1. Location Land we.-_f_- of nrnnrnGPd excavation site
2. Do you claim title to disposal area? No F.dw_ and M. Gore. Sr.
D. Vill material source if fill is to be trucked in - tN/A
E. How will excavated material be entrapped and iefosion controlled? Dike around Gp rsi i a rAA i-n g- i o.»+i on
of 6 feet and-provide a spillway.pipe to revent wash back of spoil
I . 1 ype of equipment lobe used re ge and/or rats ine materla ut allow water to- run o
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
V4 V
V. Intended Use of Project Area (Describe)
A. 1. Private` r'' t
2. Commercial' Be able. to bring fishin boat to dock
3. Housing Development or Industrial
4. Other
OFFICE OF COASTAL'MANAGEh9cPZl
B. 1. Lot size(s)-3 lots eomorisinct 170x200x142 Wtt MIN ,T )N REGIONAL OFFICE
2. Elevation of lot(s) above mean high water 5'+ above MHW
3. Soil type and texture Sandy loam
4. Type of building facilities or structures Store and residence
5. Sewage disposal and/or wastewater treatment A. Existing seA i n*anned
B. Describe
6. 'Land Classification'(circle one) D VELOPED TRANSITIONAL COMMUNITY RURAL ,
CONSERVA 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 -k-
B. 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 water that has settled out in the diked spoil area
3. Location of discharge discharge to be directed toward disturbed area
VII. Present rate of shoreline erosion (if known): 2 feet per year
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: __n f a
IX. Length of time required to complete project: 2 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 carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8%: X 1 i" 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. 113-229 (d))Enter date served .2 i 7-/Y,
T
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Richard Plyler, Hickory Ave., Sunset Beach, NC 28459
Edward M n p. Main Street West. S»nGet Rr-__ac-h NC 22459
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.
XI1.- 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.
i..
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