Ver _Complete File_19891107

?? K n.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
November 7, 1989
James G. Martin, Governor
William W. Cobey, Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roger William Fuller
1303 Belvoir Court
North Myrtle Beach, South Carolina 29582
Dear Mr. Fuller:
Subject: Application for Water Quality Certification
Proposed Bulkhead and Backfill
Robert William Fuller
Boiling Spring Lake
Brunswick County
R. Paul Wilms
Director
This Division received your application for Water Quality
Certification under Section 401 of the Federal Clean Water Act on
May 3, 1989. The application requests approval of a proposed
bulkhead to be built on Boiling Spring Lake with associated
backfill into the wetland areas landward of the bulkhead. The
bulkhead and associated backfill would result in the filling of
approximately 1000 square feet vegetated wetlands along the shore
of the lake. The proposed bulkhead is to be 265 feet long and
aligned about 38 feet waterward of the ordinary high water
elevation. You state that the intent of this work is to restore
the existing building lot to the original dimensions. Issuance
of a Water Quality Certification by this Division must be based
on a reasonable assurance that the proposed activity is not
expected to result in violations of Water Quality Standards
applicable to the surface waters which may be affected.
The proposed project would result in the filling of wetlands
which are Waters of the State. The filling of the waters would
cause elimination of valuable uses which these waters provide.
Such a loss of use is inconsistent with the Antidegradation
Statement of the Environmental Management Commission's Water
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Mr. Roger William Fuller
November 7, 1989
Page Two
Quality Standards (15 NCAC 2B .0201). This loss of use is
avoidable as described in 40 CFR Paft 230, Subparts A through F
(15 NCAC 2B .0109) and should not be allowed where practicable
alternatives are available. Because of these potential Water
Quality Standard violations, I have determined that your
application for Water Quality Certification should be denied.
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request in thirty (30) days
following receipt of this denial. This request must be in the
form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the office of
Administrative Hearings, Post Office Drawer 11666, Raleigh, North
Carolina 27604. Unless such demands are made, this denial shall
be final and binding.
If you have any questions concerning this matter, please
contact Mr. Bill Mills at 919-733-5083.
erely,
1
J R. caul Wilms
RPW:WCM
cc: Steve Tedder
Alan Klimek
Wilmington Regional Office
U.S. Army, Corps of Engineers
John Parker
L C E - ? VE10
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 3, 1989
SUBJECT: File No. CESAW-C089-N-010-0282
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:
MAY 0 :) 89
. ?; ,,
1 5 '.l" c, FCr' 11
` 1 I , .
(ll?F'}{11':1 1 ??gi`4CI`.
Enclosed is the application of Mr. Roger William Fuller for Department of
the Army authorization and a State Water Quality Certification to construct
and backfill a bulkhead on Boiling Springs Lake on property off North Shore
Drive, near the Fox Squirrel Country Club, Boiling Spring Lakes, Brunswick
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 authorizing 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 a reasonable time for State action.
Therefore, if you have not acted on the request by July 3, 1989, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ernest Jahnke, telephone
[phone].
Sincerely,
t CC ha s W. 1H14is
ie , Regulatory Branch
Enclosure
-2-

4
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina .27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
r? I F*VQ04= FVVIMMJ
?. .
APP ATION ? 8 °d?0-4,:a 24 cAMPR ?31 b
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICAWWT0070AK98i
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113.229, 143.215.3(a)(1). 143.215.3(c), 113A-119 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
Sbc?irL s?c?.,vi/y .533-,Zo -aSi.Za
1. Applicant Information
A. Name FIA LL rR RaGE/2 1,4 A. 1.4A$l
Last First Middle
B. Address f 303 pxwallt c°r41ir -
Street, P. O. Box or Route
N M YR TLE Q E AC-H S G 471r P 2 Y7 -_ 2,0:2,9_
City or Town State Zip Code one
aFAI-CX 9191W,7-21W
II. Location of Proposed Project:
A. County Ci R N Al s w 1 c K
B. 1. City, town, community or landmark L?oIL /NG SPk//UG ILAKA.S'
2. Is proposed work within city limits? Yes k No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
L30 A 1A)6 9PRIA)a AL ARA
111. Description of Project A. 1. Maintenance of existing project 2. New work
8. Purpose of excavation or fill
I. Access channel Nor A N/?L16491lt h•ngth width _depth
2. Boat basin Nar 44EI CAL2a•A length width depth
3. Fill area 4 o r length 6S width 39 r depth -LB ?4dE.ttAt:a1:
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
. 1. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards ?60 2. Type of material !?°'Q 5 /NDlG,?.vva..s SA Au)
E. Fill material to be placed below MHW (sec also VI. A) /
`D• S A A,11-) S'o?*?
1. Cubic yards yS 2. Type of material IA"
C L N y WA rr /,qL AA-1V Cy. X eA.?r4y e?
IV. Land Type, Disposal Area, and Construction Equipment: S [ rr v/
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No
8. Docs the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
//VG .(pelt S S?L/,01y/,Slow Lpr
_R
1. Location 01L /NG . F?
2, Do you claim title to disposal area? yES
D. Fill material source if lill is to be.trueked in SOU oy&.,&,S!° pf Awro 2// ?,eJ S-auriYPo,$f
E. How will excavated material be entrapped and erosion controlled? . V f /L[. 1A.4
AREA ra 8 G RASSeU-
I I vpc of equipment to be used /" /1 A ad
L4AaZE
G. Will marshland be crossed in transporting equipment to project site? If yes, explain ND
&F. i
V. Intended Use of Project Area (Describe)
A. 1. Private L E s Taa E EX/STlN?
3--Eot'nmerctlt' rG
6 LOT to oAl/G<.? U<.esa5'.r/s?wr?s
F Amy /?u/'a9
A
y 1,e AvA) Ae r'o C? /?.? .•a E?/r thud'' XAXA, AAJ o re
- --ef1,aF P/- AAtt r pAope A u.?RXXN VA .coT
l 18 r Al ,C3,ok,r?NM 6,3' ? 0AS T• /%S S'ossfNKs7.? L/G ZJh''ST'
1. Lot size(s)
2. Elevation of lot(s) above mean high water
3. Soil type and texture 110 /q a ces 5' ,4 X' 0
4. Type of building facilities or structures /U ONE
A.tJ.?a'D/1l
5. Sewage disposal and/or waste water treatment A. Existing ND N E" Planned ND,ut41
B. Describe Sfpr/c SVSl,E,MS /P 4 C e 1A) TN/S?q/j?f.0 ADa"AI-A 44ACA 4;1,4 Add e .
6. 'Land Classification'(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
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_No
2. Type of discharge NO A) F-
3. Location of discharge /y aT p,UpL/Cl;tf?lE
/DW S ,ULr/?EVO/?6 e? ???!?!EyE?L , S lG? I ff lGt4uT
VII. Present to Qf shoreline erosion (if known):
_44,0
pAin G F?oH / 9 ?.5' h<4Re,4.tJ r )9/
w r
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: N Aw
IX. Length of time required to complete project: _ xAr,44,5
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.
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. 113-229 (d))Emer date served _
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.
loo a,?u f' A/-nL dA L1101 RS
5 S/ f sourkshbRX PWIv4
/NG TpkiAvG 4,4X6S N C. 2 9 5/4 /
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity , -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent wit's •-.-ch program.
X11. 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 114 22L _
Applicant's Signature
Rev. 10/7a SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10
PLEASE BE SURE THAT: - Both copies are completed
- All blanks are filled in
- You have signed both copies
If you have any questions please all your regional field office.
Mail 2W copy to:
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: [phone]
AND
Mail one copy to your regional field office as indicated on the map below:
West of Chowan River and south of Pamlico Riveri Herdoro
including southern half of Beaufort County. -??--.--
Coastal Management Field Services
1502 N. Market Street ` eertia =a? '?
Washington, NC 27889 )r '
919/946-6481 `' fiifff----------???
Nth tit, r
\ `9ewufnn ` .

Pander
S ?
M
East of Chowan River and north of Albemaric -5(
to Virginia border, including northern
Dare ";.
'and-outer banks to O=cdke Inlet.
Coastal Management Field Services
108 S. Water Street
Elizabeth City, NC 27909
919/338-0206
South of Pamlico River and Beaufort County to
'New River including barrier islands from Ocracoke
inlet to north of New River Inlet.
Coastal Management Field Services
P. O. Box 769
Morehead City, NC 28557
919/733-2160 or 726-7021
New
'-? Honover South of New River Inlet to South Carolina border.
Brunswick Coastal Management Field Services
7225 Wrightsville Avenue
\ Wilmington, NC 28403
•? 919/256.4161
4-.? m
f
?h
? w I
0
? `h?\JS?r 1 ? rl
1
t? ,1 I \
IALIX
N
S ?
°?t 'v ? ? ?E
zs t ? J o e
e
n?
l?'?,83
og4

r?
t

$cAc?
?//IJJHLD E[ E?A //O?/S'
S H r i o f.2. mss.
mfi? Nnu
PRoPrR ry ????P?o???astiT -3"rcH.
R cu. FNLL1N;R /'/?oP,?Rry
?9RP= PA A --,v FoR c oR Ps C".., A-,Ov
r A1114 i c/n riC 3 -30 -$

?Rf? ???f!
PRaP

A VA TYONS
?sHerr 1
I
A?",x cE
/?? Tpi,uE/2?8uc ?4' Nt .9D IcXcA?A IV e nr co
To S,- I.?srgt.c rR pEOrN
AFT,E,? F/GL gT?q(3/,'LIZES,
Al
SCA?? / .? t FODT
)P/? a &rK /'y ??r?osr6vr? ?.t rr s/ E `CA,
. ?, . r' u t. L e'k /?s! n?E d /%
/'Rk,U?v,/f.?D to.e cart/?s a? ,E,uGiutrE.Ps
s Hr a oFz
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-0089-N-010-0282 May 4, 1989
PUBLIC NOTICE
MR. ROGER WILLIAM FULLER, 1303 Belvoir Court, North Myrtle Beach, South
Carolina 29582,'has applied for a Department of the Army permit TO CONSTRUCT
AND BACKFILL A BULKHEAD ON BOILING SPRINGS LAKE ON YOUR PROPERTY OFF NORTH
SHORE DRIVE NEAR THE FOX SQUIRREL COUNTRY CLUB, BOILING SPRINGS LAKES,
Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of approximately 265 linear feet of
bulkhead aligned about 38 feet waterward of the ordinary high water (OHW)
elevation of this manmade lake. An approximate 4-foot-wide band of wetland
vegetation exists adjacent to the OHW elevation. Approximately 900 cubic
yards of material (sand), to be used to backfill the bulkhead, is to be
obtained through excavation by backhoe waterward of the bulkhead alignment.
The purpose of the work is to restore original building lot dimensions. Plans
showing the work are included with this public notice.
I
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
-2-
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing'be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
-3-
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
May 26, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before May 22, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
June 5, 1989, or telephone [phone].
6 1 ov
/ `?? JS?, 1 p N
It
\
\\
tet
? v %.ok I
0 '00
SC/9 L JE tN FEET
ly /r
v
Fo
SA &I'Ve
t ?.
t
f
s

jv z 3
,SCAtN
?? /°iyrswfA EL EYATiON?$
j?iNdG
lilt"
FRo prR ry i•?, p,?O?E???r sNErcH.
R w. F14416 R. P/?oP?Rry
PAA -'A P-04 CORPS 0I° A-..v CIWO04S
pgAi?,ir /APAi CArioN 3-30-41
SHr
SRN ????
PRoP

E X ?? c t E,D l? /G N u? A rC ? •C. /N?
3S ?
/?AT vE/2/8&-R- HEAD
To ,c3 ???s rAC c E !?
AFT,-R f/cL STf1?pUZES,
o ?- Al
S'CA??/ = 1FDOT
A?EX?ccE
?,?cA?i r/om
A?ERr?w
rrR UBprl'
i
y
C?
P/z a pCK /'y /i+r?Di16vG.?? r.•??- SKI lc,y
J'R k //.qi(.?U to.e cap/?s o,C ECG/.ut°E.PS
S l'?r a oFz ?/
K jr
,Y
DEC .1(?q
STATE OF NORTH CAROLINA ?? THE OFFICE OF
COUNTY OF Brunswick (property loca on')' :A?INI ATIVE HEARINGS
(1) Roger W. Fuller ) ,:f 1?,,L
Petitioner,
(Your Name) )
PETITION
VERSUS ) FOR A
CONTESTED CASE HEARING
(2) R. Pwd Wilms, Director )
Respondent. )
(The State Agency or Board about which you are )
complaining) )
State of North Carolina, Division of Environmental Management
1 hereby ask for a contested case hearing as provided for by G.S. 1506-23 because the
(3) N.C. DM has (briefly state facts showing how you believe you have
(name of agency)
been harmed by the state agency or board)
issued a denial of a Water Qual;.ty Certification in r,?sronse to
U.S_ Army Corps of EnZineers Putlic Notice issued ;,ursuant to
a permit application.
(please see attached continuation sheet)
(if more space & needed, ure adfiftmt sheets am d attsF A )
(4) (Check all that apply)
Because of these facts, the agency has:
deprived me of property;
ordered me to pay •a fine or civil penalty; or
__.Z has otherwise substantially prejudiced right.;
acted erroneously;
failed to use proper procedure;
x acted arbitrarily or capriciously; or
failed to act as required by law or rule.
x acted in a i-iaran-r t'-iat wi11. deprive me of tr,e use of pro;nerty
VERIFICATION
1, the undersigned, first being duly sworn, say that this petition is true to my own knowledge, except as to matters
stated on information and belief, and as to those, 1 believe them to be true.
SWORN TO AND SUBSCRIBED BEFORE ME
(10) is -Ia- P? (5) Decent:er 12, 1969
Date Da.,e
(11) (6) A/ T 1
Stgna a - or Your Signature
(12) A16 ,gRY BBL./C,, (7) 1433 Pelvoir Ct.
Title of person authorize to administer oaths
(g) N. Myrtle reach, S.C. 29552
Your Address
(9) Area Code (f30? 19-00ec
Your Telephone Number
',Vora Phone [phone]
Mail the original to the Office of Administrative Hearings, P. O. Drawer 11666, Raleigh, N.C. 27604 and mail
a copy to the State agency involved.
H-06
Rorer 11. Fuller
Vs
R. Paul :Wilms
(3) (continuation)
Petition for a
Contester'. Case Hearing
This Petition is being filed in response to Mr. Wilms letter,
within the time frame specified, not to percipitate a hearing at
this time, but to nrotnct my ri?hts to a hearing should the delay
reauested of the North Carolina Division of Environmental bla.naae-
ment to develop a resolution to these differences, fail to
produce positive results.
I feel the Division of Environmental Management has not considered
all information, pertinent to this specific site, available to
them.
I am providing you with a Cory of Mr. Wilms letter, a copy of my
response to that letter, and a cony-of the attachments provided to
him with that response.
I request that this appeal process be stayed until an alternative
construction plan can be"developed with the Division.of Environmental
Management, or until March 15, 1900.
t
f
i
,r`
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency named below by depos-
iting a copy of it with the United State Postal Service with sufficient postage or by delivering
it to the named agency.
Served on: (14) Mr. R. Paul Wilms, Director
(name)
(15) N C Division cif- Rnvi rnnmP_ntal MAn.&gement
(agency)
(16) P:O.Box 27687
(address)
Ralei zh, N. C. 27611-7687
(17) This the ?-12 `'h day of D -c mbP r , 1989
(18) oger W. Fuller
Petitioner
Certified Mwil receipt number p o ?Z C/y/ o3Z
H-08
j DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North.Carolina 28402-1890
CESAW-0089-N-010-0282 May 4, 1989
PUBLIC NOTICE
MR. ROGER WILLIAM FULLER, 1303 Belvoir Court, North Myrtle Beach, South
Carolina 29582, has applied for a Department of the Army permit TO CONSTRUCT
AND BACKFILL A BULKHEAD ON BOILING SPRINGS LAKE ON YOUR PROPERTY OFF NORTH
SHORE DRIVE NEAR THE FOX SQUIRREL COUNTRY CLUB, BOILING SPRINGS LAKES,
Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of approximately 265 linear feet of
bulkhead aligned about 38 feet waterward of the ordinary high water (OHW)
elevation of this manmade lake. An approximate 4-foot-wide band of wetland
vegetation exists adjacent to the ORW elevation. Approximately 900 cubic
yards of material (sand), to be used to backfill the bulkhead, is to be
obtained through excavation by backhoe waterward of the bulkhead alignment.
The purpose of the work is to restore original building lot dimensions. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
t
3
-2-
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients .of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National.Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
.constitutes the extent of cultural resource investigations by the District
Engineer,-and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
-3-
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
May 26, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before May 22, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be-received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
June 5, 1989, or telephone [phone].

?y' ?J
?
4o
1
Jv P1?
lip
P R a\
?? I 1
S ? •' v
top
o y h J? GOP f

? 2S to J I a
5CA?? ??+ Fr'ET
n /
ly /r
i Y, 83
CxiSTi.vc Ft t..

?-?
o y? r z 3
\ $CAto 4""'_ /,Ml.
l`/N1SN(Q r[ 4VA090AI$
M ANN rnIrv
/l/NN6E
FRoprR ry in,P,pov,F??+?•vT SKErcN.
R w. f41L1-k A I'!?cP?Rry
I?R?= P.a R o FoR c oRPs o? ,E ivCAVO-W/1s
i
-, r /+/0/°A i cA rioN 3 -30 -8?
SHr

f , , -1
./ . . "V
-r y , if 1 N S'
SS - off' ? f • ?yo/1 6? .? / Yc?l1 l? 1 i k/ H ??l
F7
i
N/??a val ?.?
a7 MY 9n d
?? MX3t?d
IV
h ti' ? O
.S,,Zi7Frqt'ls 77/-4 ?1-41=(bb
v ? ? ?tsl sr? -76 of
SE
-7ti/'Y d' ;lJ d cl7 H,"11-! a? 1 .7d a'3

-? ? dad ??d
t

?a
?v r?"Annm' .
rv
MAY 10 1985
OFFICE OF COASTAL (`11ANAG-MpJ1
State of North Carolina WILh„NGiON REGIONAL OrNCE
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor 0 5 / 0 8 / 8 9 George T. Everett.
William W. Cobey, Jr., Secretary Director
Mr. Jim Gregson
NC DNR&CD
.Div. Environmental Manages
7225 Wrightsville Avenue
Wilmington, NC 28403
REFERENCE: CESAW-89-0282
Applicant/Sponsor: Mr. Roger William Fuller
Construct and Backfill Bulkhead on Boiling Springs Lake
Dear Mr. Gregson-
The attached U.S. Army Corps of Engineers Public Notice, dated
05/04/89 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 05/26/89.
Si re y,
Ste en B. Benton
Consistency Coordinator
REPL"z This office objects to the project as proposed.
_?Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed £' -?--
Date
Agency
P.O. Sox 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunitv Affirmative Action Fmnlnvrr
?7as=.?.

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: September 11, 1989
S
7909
To: Bill Mills
F
Operations B :?rich
co p/,
Cv `l'n'i" ,
From: Donald Saf
James H. Gregson ?*
Wilmington Regional Office
Through: Preston Howard
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8905-D
COE Public Notice #CESAW-89-0282/Roger William Fuller
Brunswick County
PROJECT DESCRIPTION: Mr. Roger William Fuller has applied for a
DOA permit to construct and backf ill a bulkhead on Boiling
Springs Lake. Approximately 1000 sq. ft. of wetlands vegetation
would be lost as a result of the backfilling.
ADJACENT WATER BODY:
CLASSIFICATION: BSw
Boiling Springs Lake
STATUS:
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The site was investigated on June 7, 1989. It is
recommended that the 401 certification be denied. The project as
proposed as proposed would cause to be consumed approximately
1000 sq. ft. of wetlands adjacent to Boiling Springs Lake. Such
a proposal is inconsistent with the "no net loss" of wetlands
Division is presently encouraging and regulating.
JHG:8905-D.SEP
cc: Jim Gregson
WiRO, CF
Stephen Benton
?.s. STATE Q.
r? Wnrn v6?
MAY 5 ? ???:'
; . *.,
State of 1ffaTH' 'QUA LIT?
North Carolina I0'1",
OS'ERf,4?.
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 26, 1989
Mr. Roger William Fuller
1303 Belvoir Court JAY
26 198
North Myrtle Beach, NC 29582
Subject: Proposed Wetland Fil WATER UA 'TY
Project No. 8905-D SECTION
Brunswick County
Dear Mr Fuller:
The Wilmington Regional Office received your COE Public
Notice on May 10, 1989. A preliminary review indicates that a
401 Water Quality Certification will be required from our
Division due to the proposed wetland fill. A 401 certification
is required prior to issuance of a 404 permit.
Because of the many essential functions wetlands provide,
including purification of surface and groundwater, any loss of
wetlands as the result of filling activities is viewed by this
office as degradation of water quality, and potentially, a loss
of these essential functions wetlands provide.
Your project, as proposed, will result in the loss of
wetland areas. As a result, this office is requesting the
following additional information be submitted within 30 days upon
receipt of this letter: an alternate proposal that will
eliminate or reduce the proposed fill in wetland areas; or submit
an explanation of why such reductions are not possible and what
mitigating factors we should consider.
Until this office receives your response, your proposal for a
401 Certification will be considered incomplete.
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
w' '*-0
Mr. Roger Fuller
Page Two
Should you have any questions concerning this matter, please
contact Jim Gregson, Donald Safrit or me at [phone].
Sincerely,
A. Preston Howard Jr., P.E.
Regional Supervisor
APH:JG:trw
cc: Bill Mills
Steve Tedder
Jim Herstine
Charles Hollis
John Parker
Stephen Benton
WiRO, CF
:? 1"gyp
QA
State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
January 29, 1990
Mr. Beecher R. Gray
Senior Administrative Law Judge
Office of Administrative Hearings
P.O. Drawer 11666
Raleigh, North Carolina 27604
RE: Roger W. Fuller v. EHNR
89 EHR 1378 and 90 EHR 0017
Dear Judge Gray:
I except to the Order of Julian
Administrative Law Judge, consolidating the
cases, apparently on his own motion. Beca
involve interpreting different environmental
because the final agency decision maker will
two matters should be heard separately.
John C. Hunter, Director
Office of General Counsel
Thomas Hilliard, III Robert R. Gelblum
Edwin L. Gavin II Robin N. Michael
David G. Heeter Elizabeth E. Rouse
James C. Holloway John P. Barkley
Judith Robb Bullock
JAN l o90 rCSt,
e=
vv"? TAR : ', " _l
Plannin QUq c!' Y ?.?O co,
Mann, III, Chief
two above-captioned
use his two appeals
protection acts and
be different, these
Yours truly,
?? '"(
David G. Heeter
Agency Legal Specialist
cc: George Everett
Preston Pate
Jim Herstine
Steve Benton
Bill Mills
Preston Howard
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
1?}y l?' 'VV[ 6?
10(?(ti
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor December 8, 1989
William W. Cobey, Jr., Secretary
Mr. Roger W. Fuller
1433 Belvoir Court
North Myrtle Beach,
Dear Mr. Fuller:
South Carolina 29582
Subject: Request for Additional Time
Certification Denial
Roger W. Fuller
Columbus County
R. Paul Wilms
Director
We are in receipt of your request of November 26, 1989 and
received November 29, 1989 for an extension of time within which
to file for an adjudicatory hearing on the Certification denial.
We have discussed this request with the office of General Counsel
and are advised that the matter of the deadline to request a
hearing is not within the purview of this Division. Any such
requests for a hearing or extension of time within which to
request a hearing must be submitted to the North Carolina Office
of Administrative Hearings, Post Office Drawer 11666, Raleigh,
North Carolina 27604.
A.?
Sincerely,
ORIGINAL SIGNED BY
R. PAUL WILMS
R. Paul Wilms
cc: Ed Gavin, Office
William Mills
Preston Howard
of General Counsel
' P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date: September 11, 1989
To: Bill Mills
Operations LB-anchn
From: Donald Saf
James H. Greg on
Wilmington Regional Office
Through: Preston Howard
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8905-D
COE Public Notice #CESAW-89-0282/Roger William Fuller
Brunswick County
PROJECT DESCRIPTION: Mr. Roger William Fuller has applied for a
DOA permit to construct and backfill a bulkhead on Boiling
Springs Lake. Approximately 1000 sq. ft. of wetlands vegetation
would be lost as a result of the backfilling.
ADJACENT WATER BODY:
CLASSIFICATION: BSw
Boiling Springs Lake
STATUS:
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The site was investigated on June 7, 1989. It is
recommended that the 401 certification be denied. The project as
proposed as proposed would cause to be consumed approximately
1.000 sq. ft. of wetlands adjacent to Boiling Springs Lake. Such
a proposal is inconsistent with the "no net loss" of wetlands
Division is presently encouraging and regulating.
JHG:8905-D.SEP
cc: Jim Gregson
W1R0;` CF
Stephen Benton

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 20, 1989
IN REPLY REFER TO
Regulatory Branch r r 7`? ?n a,s?s?
SUBJECT: File No. CESAW-C089-N-010-0282 R? ?9
N
Mr. Roger William Fuller
1303 Belvoir Court
North Myrtle Beach, South Carolina 29582
Dear Mr. Fuller:
By letter of November 1, 1989 (copy enclosed), the North Carolina
Department of Environment, Health and Natural Resources, Division of Coastal
Management, informed us that your proposal to construct and backfill a
bulkhead on Boiling Springs Lake on property off North Shore Drive, near the
Fox Squirrel Country Club, Boiling Spring Lakes, Brunswick County, North
Carolina, is inconsistent with the North Carolina Management Program. Under
the administrative rules of our regulatory program, this finding of
inconsistency precludes favorable consideration of a Federal permit.
Accordingly, your Department of the Army application is hereby denied, and
your file has been retired.
As you are aware, we received unfavorable comments from the U.S. Fish and
Wildlife Service (USFWS) and the U.S. Environmental Protection Agency (EPA)
(copies of letters enclosed). While appealing the State permit is the next
step in pursuing State authorization, you should be aware that Federal agency
comments will be unchanged by the outcome of that appeal. Because of the
Federal agencies' influence on Department of the Army permit decisions, it is
unlikely a Department of the Army permit would be available unless your
project can be modified to lessen its impacts.
Mr. Ernest Jahnke of my staff is available to answer any questions you may
have or to assist you in developing a revised plan. He may be reached at
telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Thomas C. Suermann
Lieutenant Colonel,
Corps of Engineers
District Engineer
Enclosures

-2-
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
4a:
Roger W. Fuller
r
1433 Delvoir Ct.
Mr. R.-:Pall Wilms, Director N. Myrtle Beach,. S.C.
State of North Carolina 29582
Department of Natural Resources
and Community Development November, 26, 1989
Division of Environmental Management
512 North Salisbury Street
P.0. 'Box 27687 Re: CESAW-0089-N-010-0282
Raleigh, N.C. 27611-7687
Dear Mr. Wilms,
This letter acknowledges reciept of your November 7, 1989 letter
on November Z4,!1989' relative to the subject application.
Based on my Novembe:r 26, , 1989 letfer `to "Mr. George T. Everett, your
copy is attached, .T request an exten,t.ion of time for a" request fo'r'
a adudicatory hearing until March 13 ,199.0
The issues related to the referenced !perm t appljtc,d ion from both
divisions are. interrelated and ??rhen re*ollve&vj.will :'h'opefully,.
preclude the need for an adjudicatory hearing.A
WP)k
-A 14
Po1nt waX,t F o made a
?k b q riF?y-?sy.. ?!?'?sS yn gyy?8{. ?''lyp'7r ?' d,4- ,{? yy?". yp? ?t a ?
ems, arr`?r 4i7W-{+ 4'?Y'yF'W k?4.. e4 {%G J:` t ?N-t 1 n .Jfi7 " r` fi' a i; y„
0rh s entire property is outs, de the c essA d '10ke boundary.
a ., ;
OA part of the lot has been flooded, `'and ?'emans flooded, due
to `deliberate changes in the level of t'hjs manmade lake.
OWere the lake to be restored to it t:-design level, work on.
this lot would not fall under the cognizance of an.y of the
involved agencies.
The lot'was; seriously erroded due to uncontrol led fl?
o oding
from the next upstream lake `overf;low'over the road during
the 1985 hurfiaahe-:; The .same 6Verf and. erosion' occ tired f mh
a 6 to 7 inch rainstorm in the summer of 1989. This problem
has recently been addressed by.the City,_.and hopefully,corrected.
°The dredging and filling proposed will not create an adverse
effect on, the long term' li f e of the lake.
.Olt does not appear to me tha:t there is any conflict between
my, propo.sed'action.in restoring this.property and the CAMA
Land Use Flan or the Boiling Spring Lakes Land Use Plan. Nor
is this''property within the Conservation Area of the lake.
(see attached letter)
f
.,. ,? ; NOV ?9 1989
' E
???? p??INISIR?1?l S??V???S SE.CT?ON
;P
r'

Mr. George T. Everett, Director
State of North Carolina
Department of Natural Resources
and Community Development
Division of Coastal Management
512 North Salisbury Street
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Mr. Everett,
Roger W. Fuller
1433 Belvoir Ct.
N. Myrtle Beach, S.C.
29 58 2
November 26, 1989
Re: CESAW-CO89-N-010-0282
This letter acknowledges reciept November 14, 1989 of a copy of
your letter to LCOL. Thomas C. Suermann dated November 1, 1989
concerning referenced permit application.
There seems to be a problem of perception as to the action to be
taken in this property restoration. Reference is constantly being made
to the construction of a bulkhead and the filling of wetlands. The
permit application sketch clearly states that retainer bulkhead
was to be installed after the fill had stabilized. This was obviously
not a full-height bulkhead and it's only purpose was to eliminate
erosion due to surface action of the lake impinging on the sand fill.
In the revised sketch the bulkead is eliminated. This revised sketch
was submitted to DEM in June 1989. To date there has been no response
or counter-recommendation from DEM, therefore, it has not been
officially submitted to the Corps of Engineers.(see next paragraph)
As for filling wetlands, this property would not be submersed or
a wetland if it were not for significant elevation of the level of
this manmade lake beyond design level. This is deeded property that
was not included within the lake boundary, is not in conflict with
Boiling Spring Lakes Land Use Plan or the CAMA Land Use Plan on
file in City Hall, is mapped and taxed as a building lot both by
Brunswick County and the City of Boiling Spring Lakes. (see
attachments) I sincerely hope that a thorough review of the attach-
ments will provide a better understanding of the on site situation.
I request that the appeal limitation of thirty (30) days be extended
to March 15, 1990. This will permit time to resolve any comments
on the revised dredging and filling plan submitted to Wilmington
DFM in late June 1989 (see attachments) and to Raleigh DEM on
August 4,1989. More importantly, I will be retiring by February 1,
1990. This will provide the time and freedom of movement to work
with DEM for resolution of open questions on the dredging and filling
plan, as well as to ?properly prepare the necessary appeals should
that still be necessary.
Y
I appreciate that you have made Mr. Steve Benton available to
discuss the appeals process. I do intend to work with Mr..Steve
Benton, Mr. Lill Mills, Mr.-Ernest Jahnke of the Corns of Engineers,
and others as necessary to resolve this problem in February 11?.?)0
so that an appeal will not be necessary in March of 1990.
Sincerely,
W. Fu er
*exrr
CC: with attachments
LCOL Thomas C. Suermann, COB
Mr. Ernest Jahnke, COE
Mr. R. Paul Wilms, Director DEM
Mr. William Mills
Mr. Stephen. B.. Benton
Mr. A. Preston Howard, Jr.
CC: without attachments
Mr. Donald E. Critchfield, Acting Director
U. S. Department of Commerce, OCM
Washington, D.C. 20235
Listing of at-tachments to R W. Fuller November 26, 1989 letter
to G. T. Everett.
1. Copy of original survey. Establishes lake boundary.
2. Brunswick County Tax Map reflecting changes to lot line
between lets 30 ik 31 made when preparing house and lot for
sale in 1987. This map also reflects lake boundary
3. Revision to sketch submitted with permit application. This
revision resulted from discussions with DEM in june 1989.
`The revision removes retainer bulkhead and a(lds 4 foot buffer.
This increases water level buffer area from the existing
a--)roximately 250 sq. ft. to approximately 1200 se. ft.,
4. Copy of BSL Land Classification Map from the 1987 Land Use
Plan. This man confirms the division between conservation
and developed land as indicated by attachments (1) & (2).
5. Copy of R19F 7-2-89 letter to Mr. Ernest jahnke, COE. A page
2 item covers Wilmington DCM response to Public Notice items.
6. Copy of RWF 8-21-89 letter to COL Paul W. Woodbury, COE.
Covers specific points which indicates that some aspects of
dissenting opinions should have been tempered by prior
information available to them. ,
7. U.S. Fish and Wildlife Service Letter. This letter does not
speak to the specifics of this particular site. The paragraph
at the bottom of page 1 and the top of page 2 seems to concur
in the benefit from increase in the-water level buffer that
is proposed sketch.
8. N.C. Wildlife Resources letter of October 25, 1989 seems to
support the need to increase water duality, again a plus for
the increased area buffer. It does also speak to problems with
the problems of vegatation in the lake.
Y
0 1
7 1
\ y V ? ?
0
c,l 4 o !'
1
i 1
T
-
M I ~
C\11 00,
e CC)
_E rt
N
(D
03 E /
- - , Z LZZZ I w o
0 0- co ?
?w M
337 6 (o ` -
Zug ?
O ? -
O)
cn? M \

? VGw
40t, 110
?? vtr'P? Fr tp CIA fj
f
t
Q° r.r
C ??y d4? ?'tl ?\ \' :J4
4 t
4?' I IN
N
S?
vIl ?? /dam
SCA CE ?N FeiEr
7\
n1/
/r
It Y. 83
6X?ST/NG Elt?
3

i

r. 1. 1 ec? . .
yt I x 3
\ $cAlIP 3?y••= !mi.
r.- 0 7',0 PAC Al
t //J7JNlD !L z?A,rOA1s
?A/;/NIIGE
fxoprR ry ,P%pAo?el"o?vr sxricN.
R w. FNe.t?:?c ??oP?Rty .
??Rr_ p?.tEo roR ceRPs o? -A- .0vC/,U,re?s
/++ir A/,AA./CA jyoN 3-30-81
SHr , of z ? d?'-

I
-c /L E ?A T/oNs
\_• sNCr1' i
rg,o
I
y' /4T ox usAR
/'•/ / c N w? r? ?
A* I.vG
F J 1/6L T /; ill S,
SCA y,. ='Foor
.rxPr /JIO NitNu?I?ICk
OWN,
-?
Aj/ EX-4 c ' .
4 EXcA,VA/i " pV[RrGt
3 p,r trR DEPTr
y
1f'/Z G /fit It / y //?f??'al?Gr.+tia'Nr sK,c rCN
J'R k //A'.'f'EIJ I?o,e c a,p/?s of E,u6/•v?"L'.FS
?fk/r /T
SNr a oFz ,
LEGEND
Developed
Transition
Conservation
Rural
.,
I $.c
Y..CI.
I C11=71Y! Xrt•
Y rya ?-----?
f
I
r rl;
Sv",
5 r ...
J
. ?T.,
r
\ \ V
BOILING SPRING
LAKES
NORTH CAROLINA
LAND CLASSIFICATION MAP 1987
LAND USE PLAN UPDATE 1987
Edward D. Stone, Jr. and Associates
Planners and Landscape Architects
Z 15 Gown 1 -4 "1-1. Vounn.;m.. N.M. --- ;6401 IV, " ?a, 1515

O .25---g 1.0
SCALE IN MILES NORTH
,. 1
Deptartment of the Army
Wilmington District
Corms of Engineers
PU Box 1890
Wilmington, N.C. 28402-1590
Dear Mr. jahnke,
Roger W. Fuller
1433 Belvoir Court
N. Myrtle Beach, S.C.
29582
July 2, 1989
Re: File No CESAW-C089-010-282
I an-ireciate tre time you were able to spend with me on Friday
.Tune 239 1989 concerning my Permit application for restoration
of Property in boiling Springs Lake.
I am attaching a response to the FI'A letter I recieved during our
discussion. I will also, at this time, respond to other open items.
Thomas's retiti.on and cover letter dated May 12,189, recieved
,Tune 23, 1985.
1)The building lot referred to in the Thomas letter is in fact
a building lot, not a reserved area. A copy of the deed is
attached. This warranty, title insured deed is clearly for a
building.lot.
2)The Greer "survey of record" is not recorded anywhere that I
know of. Mr Greer was hired to survey the property to the same
description that was Provided to Mr. Delaney. Why Mr. Greer
ever established his line will never be known as he passed
away Prior to completing the survey.Mr Delaney acquired these
records Vien be bounht the business after Mr. Greer's demise.
The discrepancy noted is between the incomplete Greer survey
an(! the completed Delaney survey which depicts the property
dimensions and boundaries as described in the deed, the original
survey, and the county tax map. You have copies of the last
two items in your files.
3)ne 'Thomas letter summary states,
today, is the same as it has been
As st;it pct arli er, I have previou
cold es of the original survey map
revised subseruent to the sale of
in late 10;87. These mans slow the
lakeward of the property line. .
"The shoreline, as it exist
since the lake was formed."
sly Provided your office with
and the county tax map as
the house to the Thomases
original shoreline as being
Attached are copies of aerial photographs which are taken from
the 1982 aerial survey taken by the U.S. Department of
Aariculture,Aaricultural Stabilization and Conservation Services
Aerial Photography Field Office, designated Brunswick County,
N.C. code 37-019, roll number 479, exposure 56. These photos
establish congruency with the original survey, the county tax
map and the deeded dimensions of the property. Aerial
ITAZ-H/a XA/-
S
h '
photo^;raphy ruay not always ??rovide the details desired,
but aerial i7hotos (to not include something that is not there.
These )hotos clearly show the. form of the lake as depicted
by the reaps and clearly* refutes the contention that is the
basis of the petition and it's cover letter.
This n,2tition signed on the basis of the accuracy of the
information in the cover letter and convenient memory- is
considered invalid.
U.S. Fish and Wildlife Service letter dated May 26, 1989.
Tres 1 e tt: ,r. is, as I have stated in both my June 18, 1989
letter to you and at our June 239 15 •5 meeting, a generic letter.
It does not sneak to any s-)ecifics directly related to the
environment of that lot in the Boiling Springs Lake area.
Based on the revisions provided to DEM, the aerial photos
provided, the proposed restoration of 1984 hurricane damage,
the added lon^ivity that will accrue to the lake, and the
enha.ncenient of the aquatic value of the lake; please consider
that the lake and it's environs will best be served by compl-
etion of this project.
North Carolina Division of Coastal Management.
:is _ -- r my June 15, 1OL9 letter, I was to contact the North
Carolina Division of Coastal Management. This contact was made
on June 19, 195.9. Their resnonse to me reParding the Public
Notice was that as they had no cognizance 91- -1=0101 I lied I
in the boilinr* Springs Lake area, there would be no further
action on their hart. This information Trovided to you on
June 2?, 19E,9.
North Carolina DtiR&--CD, Division of Environmental Management.
They are still considering the proposed changes to the permit
aonlication sketches. Copies of aerial phot0graphy attached
to this letter will. be provided to them.
If t'-,re any further actions that I must take at this time, I
would ani)reciate teirig informed. Your assistance in this matter
is a!) %reciated.
CC:Mr Charles w. noll.is
Chief, Regulatory Branch
w/o attac ments
J?? Sincerely,X-d

Roger W. Fuller
1433 Belvoir Ct.
N. Myrtle Beach, S.C.
Colonel Paul W. Woodbury, U.S. Army 29582
District Encineer August 210 1989
U.S. Army Corps of Engineers, Wilmington
P. 0. Box 1590
Wilmington, N.C. 28402-1890 Re: CESAW-C089-N-010-0282
Dear Colonel Woodbury,
The referenced Permit Application has been pending for some time
before the Corps of Engineers.
-I have submitted substantiating information to support a7proval
of the permit as well as a revised project sketch. In developing
this information I have reviewed. the*:histcry of -.'the" 1'ake.:Some
pertinent points follow.
° I-have provided copies of the - original survey and the
Brunswick County tax map which establishes the shoreline
of the lake east of the deeded property line.
° A 1979 inspection of the Boiling Spring Lakes for the North
Carolina Department of Natural Resources, Land Quality Section
and for-the U.S. Army Cofps of Engineers, Wilmington: District,
Contract number DACW-54-78-C-0041, states that the--water level
has been raised -1 i feet. It appears that subsequenrt repairs,
- ._ some of which took place as rate as 11P86, -have resulted in the -
raising of the lake level another 6 to 12 inches. --
° The original-designed lake shoreline, in accordance with =
the original survey, has been modified by an increase in
elevation of the lake level. This has resulted in-partially
flooding my property. It clearly was not intended that this
property be included within the perimeter of the lake.
° The flooding of this property and subsequent erosion is -
.-due to elevation of the-lake level well beyond design level.
This should remove this property from the permit requirements
and from the section 401/404-B requirements.
° This is private property adjacent to a man-made lake..:Expept
for deliberate changes in the lake level this%*not a wetland,
is not within the perimeter of the lake, and is therefore
excluded from the conservation classification of--the lake.
The-land is designated as-single 'f amily.residential.
° Should it be the desire of those responsible for lake level
maintenance to maintain the current:.lake level, it is incumb-
ment on them to insure that my property is not flooded.

h
I am very concerned to find at this point in time, that much of
the information I have developed is, or should be, contained in
the Corps of Engineers and the North Carolina Department of Natural
Resources and Community Development files. I feel very strongly
that the exercise I have been put through in the last several
months is uncalled for. The conclusion that I have reached could
have, and should have been developed from available information
much earlier..
It is my intention to restore this property to it's deeded
dimensions. I will be guided by the revised sketches provided
to NCDNR & CD, Division of Coastal Management, Division of
Environmental Manacement, and to the Corps of Engineers. This
work will. be done with guidance requested from NCDNR & CD agencies
and the Corps of Engineers to insure that this work is completed
in a manner that restores the property and supports long term
environmental enhancement. It may be necessary to install a short
section of bulkhead at the southeast corner of the property
adjacent to next upstream lake-outfall to preclude erosion. This
however, shoul-d_be the responsitili-ty of -those charged with the
operation and maintenance of the lakes. _
It is planned to accomplish this
lake level is lowered during the
lake is lowered for work on the
restoration at a time when the
winter of 1989-1190 or when the
dam.
It appears at this time, that the letter of the Mayor of the City
of- Boilings Spring Lakes-to Mr. William Mills, dated May 12, 19809
The Thomases Petition-to the Corps-of Engineers, also dated May 12-9
- 1989, and the U.S. Fish and Wildlife _Service letter dated May 26,
_ 19€9 are irrelavent. - - - -
Prior to submitting the permit annlication, I did inquire as to
the appropriatness- of a Letter of- Permission for this project.
I was -told at that time that a permit arrlicati-on was -r. enui red.
It appears to me, at this time, that a Letter of,-Permission for
this small project is all that is reouired.
I request that a Letter of Permission or the Permit to the_ revised
sketches be-issued.
Sincerely,
CC. Air. Stephen Benton
Mr. Janes Grebson
Mr. A. Preston Howard
Mr. Ernest Jahnke
Mr. William Mills
Mr. Dania! Sams

Ignited States Department of the Interior
FISH AND WILDLIFE SERVICE
y o Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
May 26; 1989
Colonel Paul W. Woodbury
District Engineer-
U.S. Army Corps of 1"ugineers
P. 0. Box 1.890
Wilmington, North Carolina 28402-1890
Dear Colonel Woodbury:
loi?
JA A%
1 ?wrs
rirwsri
D+?
RcGULAiOit{ E Ik %,%`:'
This is the report of the U.S. Fish and Wildlife Service (Service) on
Public Notice CPSAW-C089-N-010-0282 dated May 4, 1989 concerning a
proposal by Mr. Roger. W. Fuller to place fill in wetlands located adjacent
to Boill.ng Springs Lakes, Brunswick County, North Carolina. Based on
information provided in the Public Notice, the proposed work will result in
the loss of 0.22 acre of palustrine emergent wetlands. The purpose of the
work is to enhance the site for residential use. This report is submitted
in accordance with provisions of the Fish and Wildlife Coordination Act (16
U.S.C. 661-667e) and Section 7 of the Endangered Species Act of 1973, as
amendeo (16 U.S.C. 1531-1543). It is to be used in your determination of
404(b)(1) compliance (40 CFR 230) and your public interest review (33 CFR
320.4) as they relate to protection of fish and wildlife resources.
Service biologists :ire fami l inr With the habitat in question based on
previous visits to the area and based on the habitat description provided
in the Public Notice. The site presently supports emergent vegetation,
open waters and slibinerged bottoms that, in association with other
rharacte ri si- i rs; , combs n(-, to prnvi de a high quality environment for
w.ild.lifo. Characteristic wetiand plants found along the lake fringe
Include ca t'_<; i 1 ('( soft rush (Jui-1cus of f usus) and scirpus
(Sci.rpus sp.).
The Sorvi.ce places considerable vat tie on palustrine emergent wetlands.
These va1ties :1 re discussed in detaIi in the Service publication Riparian
Ecosystems: "Chas r Ecology and Status. (Brinson, M. M.', B. L. Smith, R. C.
Plant:i.co and J. S. Barclay, 1981. U.S. Fish and Wildlife Service, FWS/OBS-
81-1.7. 155 pp.) .c_?rr'r it Iy recognized as habitats for resident
wt8rato'ry fish and 'wi.l.dIife. They also serve as sites where silt and
pollutants from floodwaters and surface runoff are removed and contained,
thereby enhancing the quality of adjacent waters.
In accordanc,? with the Service's Mitigation Policy (Federal Register
46(15): 7656-7663, January 23, 1981), `ha've ;de'te.rm<lped that the wetlands
at the project site are of high value for evaluation species and are
considered relatively scarce or becoming scarce on a national basis'. The ti"
Service's Mitigation Policy for such habitats calls for no net loss of in-
kind habitat value. After minimizing losses of such habitats, the
unavoidable losses should be replaced with similar habitat values so that
1

populations of the species associated with the habitats will remain
relatively stable in the area over time. Specific ways to achieve this
include: i) physical modification of replacement habitat to convert it to _;•
the same type lost; 2) restoration or rehabilitation of previously altered'
U-habitat; 3) increased management of similar replacement habitat so that the r:
in-kind value of the lost habitat is replaced; or 4) a combination of these
measures.
In consideration of the Mitigation Policy and the wildlife value of the
project area, we believe that authorization of this activity would result
in significant adverse alteration or elimination of important public trust
rr- sourees. Fu t- Lher, we be 1.tPve that the proposed work, if authorized,
would be contrary to the guidance provided in the U.S. Environmental
Protection Agency Cut de Itnes for Specifications of Disposal Sites for
Dredged or Fi..ll MatertaI (Federal Register Volume 45 (249): 85336-85337,
December 24, 1980) which state that fill shall not be placed in wetlands
when alternatives exist. Since the proposed wetlands filling may be
avoided through the use of available upland, a practical alternative is
presumed by the Gui.dellnes to be available. Therefore, in order to effect
fish and wildlife resource conservation and to fulfill the public, t rust in
this matter, the Service recommends that a Department of 'the Army permit-.:.?,
not be issued in this case.
The legal responsibility of a Federal. agency under Section 7 of the
Endangered Species Act of 1973, as amended, were detailed in material
previously sent to you. It you would lake: another copy of this information
or if you have questi.ons, please contact us nt 919-856-4520.
oxi;;iir r+>corelti, here 'sire no Fede'ral.l 'listed or proposed endangered
crr"--thr(?ater ed plant or animal spe-cles fn the impact area of the project.
Therefore, the requi remonts of Section 7(c) of tyre Endangered Species Act
of 1973, as ame nded, are fulfilled. flowevPr, nbligat.ions under Section 7 of
the Act must bo roconsidered If: 1) new informatdion reveals impacts of
this action that cony affect listed species or critical habitat in a manner
noli prc'vLousi'ly cons-1d'red; 2) this action is !;UbsequenLly modified in a
manner which was not considered in ?hLs review; or, 3) a new species is
listed or criLk-al hahi _at determined that may be affected by this action.
There are species which, although not now listed or officially proposed for.
Listing as endangered or threatened, are under status review by the
Service. "Status Review" species are not l.e.gally protected under the Act,
and ;ire not subject to any of its provtsi.ons, including Section 7, until
they are formal1v proposed or 11.sted as thre.itenod or endangered. We are
providing the fol.lowi.ng list of stratus review species which may occur
within the project area for Lhe purpose of giving you advance notification.
"These species niay be l Lsted in the future, at which time they wil be
protected under the Act. In the meant.f.me., we would appreciate anything you
m.ighL do for them.
Bachman's sparrow
Carolina gopher frog
Cape Fear ramshorn snail
Sensitive joint-vetch
(Ai.rnopli i la aestiyaliS)
(Rana areolata ca ito)
(lIal.i.soma magnificum)
(Aeschynomene virginica)

Rare skipper
Sea-beach pigweed
Riverbank sand grass
Chapman's sedge
Henslow's sparrow
Harper 's fringe-rush
Sarvis holly
Carolina lilaeopsis
Loose watermiifoil
Carolina grass-of-parnassus
Well's pixie-moss
Awned meadowbeauty
Sun-facing conef lower
Carolina goldenrod
Spring-flowering goldenrod
Wireleaf dropseed
(Problema bu.lenta)
(Amaranthus pumilus)
(Ca.lamovilfa brevipilis)
(Carex chapmanfi)
(Ammodramus -henslowii )
(Fimbristylis perpusilla)
(Ilex amelanchier)
(Lilaeopsis carolinensis)
(Myriophyllum lakum_)
(Parnassia caroliniana)
(Pyxidanthera barbulata var.
brevifolia)
(Rhex.la aristosa)
(Rudbeckia hel.ipsidis)
(Solidago p_ulchra. )
(Solidago ver.na)
(Sporobolus teratifolius)
The Service appreciates the opportunity to provide comments on this
project. We would be pleased to meet with you, your staff, or the
applicant- to discuss our concerns. Please advise us of any action taken by
your office in this matter.
Sincerely yours,
a M66- *_?
L. K. Mike Gantt
Supervisor
r?

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
October 25, 1989
The City of Boiling Springs Lake
Attn.: Mr. Glenn Long
P.O. Box 2410, BSL Branch
Southport, NC 28461
Dear Mr. Long:
Please find enclosed a copy of the Commission's standard
Memorandum of Agreement (MOA). Please note that we will not be
able to offer the upper 2 levels of MOA's as previously
discussed.! Essentially, all we will be able to do is sample the
water quality, vegetation, and fish population on an annual basis
and provide recommendations to the City Council for managing the
lake in an annual report. It will be up to the City to follow
through with the recommendations, with the City responsible for
any costs associated with the recommendations. Please look over
the MOA and discuss it with the City Council. If you decide to
go with the MOA, please feel it out and send a notarized copy to
me. I will see that it gets properly processed and I will return
a copy of the completed form to you.
I have also enclosed my revised recommendations concerning a
management plan for Boiling Springs Lake, located off NC 87 in
Boiling Springs Lake, North Carolina. Please look it over
carefully and note the changes in fish numbers associated with
stocking. The following recommendations are based on water
quality data, vegetation data, and fisheries data collected on 1
June 1989. However, before providing my recommendations, I would
like to make a few general observations.
Water Quality
Water quality data was collected from all over
the lake, from the boat ramp at the dam down the
long axis of the lake to the HW 87 bridge. The pH,
which is a measure of the acidity or alkalinity of
Continues .
? - - , ..V. e
a0ZF"-
MEMO TO: Glenn Long,
DATE: 10/25/89 Page 2
the water, ranged between 6.0 and 6.5. Fish
require a pH range between 6.5 and 9.0 and even
though the measured values were slightly below this
range, no corrective action is required. Most
sport fish will do fine at the pH values observed
for Boiling Springs Lake.
Vegetation
The following species of aquatic vegetation
were observed growing in Boiling Springs Lake;
(1) Alligatorweed
(2) Bladderwort
(3) Spikerush
(4) Maidencain
(5) Creeping rush
(6) Fragrant waterlilly
(7) Water pennywort
(8) Golden club, and,
(9) Cattails
None of the above species appear to be a problem at
the present time but species 1-3 and 5 do have the
potential to reach nuisance levels if corrective
action is not taken in the near future.
Fisheries
A total of 77 fish, representing 9 species and
weighing approximately 30 pounds, were collected
from 5 different locations along the lake
shoreline. Sport fish accounted for =71% by number
and =60% by weight of the total sample. Largemouth
bass comprised 26% by number and 47% by weight of
all fish collected. However, all sport fish
collected were in very poor condition, indicating a
possible forage deficiency.
RECOMMENDATIONS
Vegetation
Due to the different types of emergent and submergent
aquatic vegetation growing in Boiling Springs Lake, the City will
Continues .
MEMO TO: Glenn Long, DATE: 10/25/89 Page 3
need to use either chemical (aquatic herbicides) or biological
(grass carp) control agents, or both, for controlling the
vegetation. I recommend stocking grass carp for controlling
species 2, 3 and 5. These appear to be the dominant species of
floating and submergent vegetation growing in the lake at the
present time and the grass carp should do a good job of
controlling these species.
The Commission recommends stocking the carp at a rate
between 10 and 20 carp per acre for ponds larger than 10 acres.
I estimate at the present time approximately 15% (45 acres) of
the lake contains species 2, 3 and 5 and therefore the City will
need to stock between 450 and 900 grass carp in the lake. The
approximate cost for stocking this many carp would be between
$3,600 and $7,200, depending upon how many carp you decide to
stock (@ =$8.00/carp).
A permit is required from the North Carolina Wildlife
Resources Commission (NCWRC) before the grass carp can be
obtained and stocked into the lake. An application for a permit
can be obtained by calling the Commission at 919-733-3633.
You will also need to use chemical control agents (aquatic
herbicides) for controlling the remaining emergent vegetation
(species 1, 4 & 6-9). I recommend using the herbicide Rodeo (and
the surfactant Induce) for controlling these "emergent" types of
vegetation. Rodeo costs approximately $200/gallon but I am sue
you will be able to obtain quantities less than a gallon if you
so desire. The "emergent" vegetation does not appear to be a big
problem currently so you will not need much Rodeo to treat it.
When you go to purchase the Rodeo, provide the se-. --- with
approximate size or area to be treated and he can tell you how
much Rodeo you will need to buy. Please follow all label
instructions regarding handling procedures, treatment rates,
storage, etc.
Fisheries
It appears based on the data collected, Boiling Springs Lake
was never properly stocked with the proper numbers or sizes of
sport fish according to NCWRC stocking guidelines. This is also
evident in the very poor condition exhibited by the largemouth
bass which were collected. An "average" lake normally supports
between 25 and 30 pounds of largemouth bass per acre and
approximately 125 to 150 pounds of sunfish (bream) per acre.
Continues . . .
S
MEMO TO: Glenn Long, DATE: 10/25/89 Page 4
Boiling Springs,Lake does not begin to approach the "normal" lake
average of 150 to 200 pounds per acre of sport fish.
The most viable alternative for improving the sport fish
population in the lake would be to stock adult fish at the
following rates;
(1) Largemouth bass - 8"-14" fish @ 20
fish/acre; Total= .2.0.0, LMB; stock in June.
(2) Sunfish/Bluegill - 3"-5" fish @ 70
fish/acre; Total= ,:=70.0 BG; stock in April.
(3) Sunfish/Redear - 3"-5" fish @ 30
fish/acre; Total= X300 RE; stock in April.
(4) Channel Catfish - 8"-12" fish @ 20
fish/acre; Total= X200 CC; stock in June.
Since there appears to be a definite forage deficiency 'for
largemouth bass (not enough food supply - bluegill and redear
sunfish), the City would need to stock a total of approximately
1,000 adult sunfish (bluegill and redear) during April of 1990.
This should help to alleviate the forage deficiency the bass are
currently encountering and should help to improve the sport
fishery in Boiling Springs Lake. The other fish could be stocked
as recommended if the City has the money but need not be stocked
immediately.
Please note the significant reduction in numbers of fish
needed for stocking from the initial recommendations made on
8/2/89. All lakes greater than 10 acres in size are stocked at
the rate required for 10 acres, not the entire surface acreage
(300 acres). This will significantly reduce the total costs
associated with stocking and may allow the City to spend more
money on vegetation control. Stocking adult fish usually costs
more than stocking fingerling fish but will provide fishing
sooner. In addition, fathead minnows may need to be stocked when
the bass are stocked to provide adequate forage until the sunfish
start reproducing.
If you have any questions concerning these recommendations
or, if I can be of any further assistance, please do not hesitate
to contact me at the number below.
Continues . . . .

MEMO TO: Glenn Long, DATE: 10/25/.89 Page 5
Sincerely,
YI -
Keith W. Ashley
District 4 Fisheries Biologist
102 Hillcrest Drive
Elizabethtown, NC 28337
Ph. #919-866-4250

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
November 15, 1989
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C089-N-010-0282
Mr. Rober W. Fuller
1303 Belvoir Court
North Myrtle Beach,
Dear Mr. Fuller:
South Carolina 29582
e'nA
d'
Reference your application for a Department of the Army permit to place
fill material in waters and wetlands of Boiling Springs Lake in connection
with the construction and backfilling of a bulkhead on your property off North
Shore Drive in Boiling Springs Lake, Brunswick County, North Carolina.
By our letters of June 16 and July 6, 1989, you were advised that the U.S.
Fish and Wildlife Service and the U.S. Environmental Protection Agency have
recommended denial of your permit request. By copy of the North Carolina
Department of Natural Resources and Community Development's (NCDNRCD) letter
of August 3, 1989, you were informed that the State's consistency review is
not complete pending the water quality certification decision from the
N.C. Division of Environmental Management (DEM). Mr. Ernest Jahnke
telephonically informed you on November 2, 1989, that we are waiting for
DEM's decision to complete our file prior to finishing our review.
Your letter dated August 4, 1989, to Mr. Steven Benton, Division of
Coastal Management, NCDNRCD, stated that your construction plans had been
revised and submitted to DEM and to Mr. Benton and that "The Corps of
Engineers has also been provided this information." This is to advise that we
have received a copy of your letter without the revised plans. If you wish us
to consider the plan revision please send us a copy with your request.
If you have questions please call Mr. Jahnke at telephone [phone].
Sincerely,
G. Wayne Wright
Assistant Chief, Regulatory Branch
p
-2-
Copy Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt, Field
Supervisor
Division of Ecological Services
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Lee Pelej
Ecological Review Branch
Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Steve Benton
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor November 6, 1989
William W. Cobey, Jr., Secretary
The Honorable E. David Redwine, Representative
Post Office Box 283
Shallotte, North Carolina 28459
Dear Representative Redwine:
Subject: Application for Water Quality Certification
Roger William Fuller
Boiling Spring Lake
Brunswick County
R. Paul Wilms
Director
This letter is in response to your request received October
26, 1989, for a status report on the application by Mr. Roger
William Fuller for a Water Quality Certification from this
Division. Mr. Fuller's application to place fill material into
the waters of the State, Boiling Spring Lake, in conjunction with
a proposed bulkhead, was received on May 3, 1989. This
application was advertised for public comment through the Joint
Public Notice issued by the Corps of Engineers.
our regional office staff has reviewed the application and
exchanged correspondence with Mr. Fuller concerning our problems
with the loss of use of wetland areas which would result if they
are filled as proposed. Such a loss of use is considered to be
inconsistent with the Antidegradation Policy of the State Water
Quality Standards. The regional office has recommended that the
Division deny the Water Quality Certification. A draft denial
has been prepared for the Director's consideration. I expect
final decision to be made on this application within the next
week.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Honorable E. David Redwine
November 6, 1989
Page Two
If I may be of further assistance in this or other matters,
please do not hesitate to contact me.
Sincerely,
William C. Mills
Environmental Engineer
WCM/kls
Redwine.ltr/D-3
cc: Boyd DeVane
Preston Howard

?Ka STA7F o
,North Taroltna General ?tsomblg
?Kouse of ?6presenta ives
`Legislative (Office Puilbing
?Rttleigli 27611
REP. E. DAVID REDWINE
14TH DISTRICT
OFFICE ADDRESS: ROOM 632
RALEIGH, N. C. 27611
919-733-5787
HOME ADDRESS: P. O. BOX 283
SHALLOTTE, N. C. 28459
919-579-2169-RES.
919-754-4326-Bus.
Mr. William Mills
Division of Environmental Management
P. 0. Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills,
I recently received a letter from one of my
constituents concerning Boiling Spring Lakes in
Brunswick County.
Would you please give me a status report on
this issue? I have included a copy of Mrs. Thomas's
letter to you for your convenience.
cerely,
S
PE, David Redwine,
Representative
COMMITTEES:
APPROPRIATIONS
NATURAL & ECONOMIC RESOURCES SUBCOMMITTEE
CO-CHAIRMAN
BASIC RESOURCES
MARINE FISHERIES SUBCOMMITTEE
INFRASTRUCTURE
WATER AND WASTEWATER SUBCOMMITTEE
-JUDICIARY
CORRECTIONS SUBCOMMITTEE
PENSIONS AND RETIREMENT
October 20, 1989
u`,k
OC f 1989
kt.,L1VL? iv
WATtiR QOALfTY
Pllnning
cc: Mrs. Sara Thomas
501 South Shore Dr., BSL
Southport, N.C. 28461
r
Mr. William Mills
Division of Environmental Management SEP1989
PO Box 27687 `
Raleigh, NC 27611-7687 HATER QUALITY
CJ glanning Branch A:?
September 16, 1989 lljA
Dear Mr. Mills,
It has come to my attention that you are instrumental in deciding
the fate of a small section of the "Big Lake" at Boiling Spring
Lakes. I am referring to the inlet on South Shore Drive bordered
by land owned by'Mr. Roger W. Fuller, Mr. and Mrs. Wolfred Thomas
(not related to me), and the Fox Squirrel Country Club. My
understanding is that Mr. Fuller wishes to build a bulkhead, fill
a substantial portion of that inlet and build a residence for
speculative resale. He had several loads of fill dirt delivered
to the site. Because of potential environmental impact, our mayor
exercised his responsibility by issuing a restraining order
preventing Mr. Fuller from filling the area in question.
To date the community has waited, not just for a decision, but for
the mound-s of fill ,.dirt tq be removed from the drainage ditch.
Mr. Fuller has vow4d not'to- r*move 'them but- have them resin until
the matter .is seta, ?d.;; These..?mounds, have been, standing since
February.,.:er.oding'into the inlet, and are now supporting a heaI'thy
growth of `weeds--and vines. What is_' taking so Adng? Does'Mr.
Fuller's ownership of a small strip of dry land take precedence
over the impact his actions would have on the lake owned by the
city? Is it reasonable, yea rational, to allow one person to have
his way simply by brashly going ahead with whatever he wants
regardless of the effect on the environment and the community?
In the interest of shedding more light than,heat, let us review
what is pertinent to the issue:
1. The Corps of Engineers has nixed the Fuller
project.
2. If the area were filled, the land would be
subject to perk testing before home construction
could begin. Please be aware that much of the
land in Boiling Spring Lakes does not meet perk
standards so it is reasonable to assume that newly
filled land on the lake may experience the same
problem. Mr. Fuller might consider finding a
suitable site for his speculative construction
elsewhere.
r
3. The city is now negotiating a 25-30 year
contract with the NC Wildlife Resources Commission
to manage and revitalize the lake. It needs it.
A comprehensive, consistent and holistic approach
is mandatory for successful lake management. One
cannot help but think that individual alterations
and piecemeal permits could do nothing but hamper,
nay scuttle, this important revitalization
project.
4. The dirt piles are still clogging. the
watershed, eroding into the lake, and of course
are an eyesore. Their removal seems to hinge on
your decision.
Petitions were signed by sixty-eight families, all lakeshore
residents, to have Mr. Fuller remove the fill dirt while the fate
of the inlet is being decided. It appeared overnight, surely it
could disappear as quickly. Lawsuits - even threatened lawsuits-
could proceed in their absence. I ask that you make your decision
as soon as possible, and please, in favor of the Lake.
sincerely'
_-
Sara P. Thomas
501 South Shore Drive, BSL
Southport, NC 28461
cc: Robert Williams: Mayor Boiling Spring Lakes
Ernest Johnke: USArmy Corps of Engineers, Wilmington
E. David Redwine.: Representative, NC General Assembly
Roger W. Fuller
/y 1433 Belvoir Ct.
N. Myrtle Beach, S.C.
Colonel Paul W. Woodbury, U. S. Army 29582
Disfrict Engineer August 21, 1989
U `S'. Army Corps of Engineers, Wilmington
P. 0. Box 1890
Wilmington, N.C. 28402-1890 Re: CESAW-C089-N-010-0282
Dear Colonel Woodbury,
The referenced Permit Application has been pending for some time
before the Corps of Engineers.
I have submitted substantiating information to support annroval
of the permit as well as a revised project sketch. In developing
this information I have reviewed ` 'the',history of ` "the . 1ake.:Some
pertinent points follow.
o I have provided copies of the original survey and the
Brunswick County tax map which establishes the shoreline
of the lake east of the deeded property line.
o A 1974 inspection of the Boiling Spring
Carolina Department of Natural Resources,
and for-. the U.S. Army--Corps ?of Engineers,
Contract number DACW-54-78-C-0041, states
has been raised 1-1 feet. It appears that
some of which took place as late as 1986,
raising of the la1ce level another 6 to 12
Lakes for the North
Land Quality.Section
Wilmington::DiAtrict,
that the water level
subsequent repairs,
haV6' resulted in the
inches.
o The original designed lake shoreline, in accordance with
the original survey, has been modified by an increase in
elevation of the lake level. This has resulted in partially
flooding my property. It clearly was not intended that this
property be included within the perimeter of the lake,
o The flooding of this property and subsequent erosion is
due to elevation of the lake level well beyond design level.
7MIUS St:C':1d remove this-r±y -from the r?Pr?x?i t rerna -ments
and from the section-401 B 04-requirements.
° This is private property adjacent to a man-made, ake ,::.Expept
for deliberate changes in the lake level thisOnot a wetland,
is not within the perimeter of the lake, and is therefore
excluded from the conservation classification of:.the lake.
The' land is designated:- as'. p?ingle 'f amilyo residential.
° Should it be the desire of those responsible for lake,levd.1
maintenance to maintain tbb..:current :.lake level, it i.s- incumb-
ment on them to insure that my property is not flooded.
i
I am very concerned to find at this point in time, that much of
the information I have developed is, or should be, contained in
the Corps of Engineers and the North Carolina Department of Natural
Resources and Community Development files. I feel very strongly
that the exercise I have been put through in the last several
months is uncalled for. The conclusion that I have reached could
have, and should have been developed from available information
much earlier..
It is my intention to restore this property to it's deeded
dimensions. I will be guided by the revised sketches provided
to NCDNR & CD, Division of Coastal Management, Division of
Environmental Manaeement, and to the Corps of Engineers. This
work will be done with guidance requested from NCDNR & CD agencies
and the Corps of Engineers to insure that this work is completed
in a manner that restores,the property and supports long term
environmental enhancement. It may be necessary to install a short
section of bulkhead at the southeast corner of the property
adjacent to next upstream lake outfall to preclude erosion. This
however, should be the responsibility of those charged with the
operation and maintenance of the lakes.
It is planned to accomplish this restoration at a time when the
lake level is lowered during the winter of 1989-Ic?O or when the
lake is lowered for work on the dam.
It appears at this time, that the letter of the Mayor of the City
of Boilings Spring Lakes to Mr. William Mills; dated May 12, 19899
The Thomases Petition to the 'Corps of `Engineers, ((?1"so dated May 129
1989, and the U.S.. Fish and Wildlife Service letter dated May 26,
1989 are irrelavent.
Prior to submitting the permit application, I did' inquire as to
the arpropriatness of 'a Letter of Permission for 'this project.
I was told at that time that a permit application was required.
It appears to me, at this time., that & Letter of,-Pei-mission -for
this small project is all that is required.
I request that a Letter of Permission or the Permit to the revised
sketches be issued.

CC: Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Stephen Benton
James Gregson
A. Preston Howard
Ernest Jahnke
William Mills
Dania! Sams
Sincerely,
C e Items and-.2 when additional services are desired, and complete I%

. _ ?_
?
? -11
T-Ype of aervice: ,,,. -
?? .6? ?+? egisterqF$ ? insured
rtified
? COD
N6, .
? Express Mail
Always obtain'*gnature of addressee
or agent and DATE DELIVERED., ,
Si a - r s
5 8. Addr " e's" Adiiress (ON `; a
.
X req d and fee pJ
r ,. j

gnature -Agent rv ,Y
O 11798
9,
x ,
C
7 Date of Delivery , J
.G..
,. w
:
arm 3811, Mar. 1987 *
U.
S.G.P.O. 7987-178.288 ,i
i
?-. DOMES C' T
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
CC)
rrI
u
S.MAIL
4 _ J??
PENALT SE ORP IVATE
sm'uLj

r
State of North Carolina
Department of Natural Resources and Community
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary August 3, 1989
Mr. Charles W. Hollis
Chief, Regulatory Branch
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Hollis:
r?c
tlG
7989
,. '`arc
George T. Everett
Director
The.State of North Carolina has not completed its review
of Corps Public Notice number CESAW-C089-N-010-0282. The
notice describes a proposal by Mr. Roger William Fuller to
construct a bulkhead with backf ill on Boiling Springs Lake
near the Fox Squirrel Country Club, -Brunswick County, North
Carolina. We received the notice on 5/5/89.
Comments received to date include the following findings:
1. Boiling Springs Lake and its connecting wetlands are
classified as "Conservation" in the Boiling Springs Lakes Land
Use Plan. Policies for development in conservation lands
include "The City will seek to encourage a pattern of
development which avoids 11404" wetland areas and fragile areas
containing threatened or endangered species". To be
consistent with the land use plan, the applicant should
consider an alternative which avoids filling or excavation of
wetlands.
2. The North Carolina Wildlife Resources Commission has
determined that the proposed activity will result in the
destruction of approximately 0.22 acres of biologically
productive wetlands. The dominant vegetation at the proposed
project site includes soft rush, netted chain fern,
maidencane, water pennywort, fragrant waterlilly,
alligator-weed, wax myrtle, sweet bay, maple, black willow,
and assorted pines. Excavation waterward of the proposed
bulkhead will result in the loss of additional wetlands and
productive shallow water fishery habitat.
The Wildlife Resources Commission has determined that the
proposed activity is inconsistent with their guidelines for
conservation of wetlands and aquatic habitat. They request
that the permit be denied.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmati\e Action Employer
3. The North Carolina Division of Environmental Management
has determined that the proposed activity will require a 401
Water Quality Certification. By letter dated 5/26/89, they
informed the applicant that the proposal would result in the
net loss of wetland areas which, because of their essential
functions in surface and groundwater purification, is viewed
as water quality degradation. They requested additional
information or an alternative proposal to continue processing
the 401 application.
Since the required 401 Water Quality Certification has
not been issued, and since we understand that the applicant is
considering modifications to his proposal, we feel the State's
federal consistency response should be delayed. We request
a copy of any modifications to, or mitigation plans associated
with the proposal so we can provide them to the NC Wildlife
Resources Commission and our Field Office for comment.
Pursuant to 15 CFR 930.63 (b), we are sending a copy of
this letter to the applicant to inform him of the status of
our review and basis for our delay. Thank you for your
consideration of the North Carolina Coastal Management
Program.
.Sincerely,
Ste?hen B. Benton
Consistency Coordinator
cc: Mr. Roger William Fuller
1303 Belvoir Court
North Myrtle Beach, SC 29582
NC Division of Coastal Management, Wilmington
NC Wildlife Resources Commission
NC Division of Environmental Management
Mr. Preston Pate, Assistant Director Division
Management
Of f ice
of Coastal
^x I
City of Boiling Spring Lakes
Phone
1-919-845-2614
Mr. William Mills
North Carolina Division
Environmental Management
P. 0. Box 27687
Raleigh, North Carolina
P.O. Box 2410 - BSL Branch
Southport, N.C. 28461
May 12, 1989
of
27611-7687
Ref : Application to construct and backf ill a Bulkhead
in Boiling Spring Lake in the City of Boiling
Spring Lakes.
Dear Sir:
I respectfully request that the above referenced application
be denied inasmuch as the granting of this application would
serve no practical purpose.
The property in question is a reserved area, ie, reserved.
for future public use as a park, lake access, etc. There are a
number of such areas within our city. All of them have one thing
in common, they are not suitable building sites.
The proposed bulkhead and backfill will change the natural
contour of the shoreline. This shoreline has not changed within
the memory of the residents of the area.
The proposed fill area would lie within the 100 year flood
plain as established by FEMA.
Mr. Mills, Boiling Spring Lake contains many inlets such as
the one in question. In addition they are many other lakes and
ponds within our city. The thought of filling these areas to
provide questionable building sites is frightening. Granting
this permit would provide a dangerous precedent that could place
our other Wetlands in ,jeopardy.
My constitutents and I thank you for any efforts you may
make in our behalf. If I can be of further assistance to you,
please do not hesitate to contact me.
Very truly) yours,
Robert W. Williams
Mayor, Boiling Spring Lakes
RWW:bc
q¢ STATE q,.
°3 1 L ` C
'?@ Runm ??ap'`
State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 26, 1989
Mr. Roger William Fuller
1303 Belvoir Court
North Myrtle Beach, NC 29582
Subject: Proposed Wetland Fill
Project No. 8905-D
Brunswick County
Dear Mr Fuller:
- - The Wilmington Regional Office received your COE Public
Notice on May 10, 1989. A preliminary review indicates that a
401 Water Quality Certification will be required from our
Division due to the proposed wetland fill. A 401 certification
is required prior to issuance of a 404 permit.
Because of the many essential functions wetlands provide,
including purification of surface and groundwater, any loss of
wetlands as the result of filling activities is viewed by this
office as degradation of water quality, and potentially, a loss
of these essential functions wetlands provide.
Your project, as proposed, will result in the loss of
wetland areas. As a result, this office is requesting the
following additional information be submitted within 30 days upon
receipt of this letter: an alternate proposal that will
eliminate or reduce the proposed fill in wetland areas; or submit
an explanation of why such reductions are not possible and what
mitigating factors we should consider.
Until this office receives your response, your proposal for a
401 Certification will be considered incomplete.
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 O Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Roger Fuller
Page Two
Should you have any questions concerning this matter, please
contact Jim Gregson, Donald Safrit or me at [phone].
Sincerely,
A. Preston Howard Jr., P.E.
Regional Supervisor
APH:JG:trw
cc: Bill Mills L
Steve Tedder
Jim Herstine MAY 3 0 f??c
Charles Hollis
John Parker WATER'.UALiTY SEC-1-:1--t
Stephen Benton
WiRO, CF