19900226 Ver 1_COMPLETE FILE_19900101

DIVISION OF ENVIRONMENTAL MANAGEMENT
ate'':
WATER QUALITY SECTION
Comments co cerriYng an application„for State Federal CAMA Permit (s) from a
A. PERMIT:
This office cannot comment on this project until after the close of the Section
,401 Certification Public Comments Period.
this office has no objection to the issuance of the permit(s) for'theproposed
project with the following conditions:: .
_ That the activity be conducted in such a manner as to prevent significant
increases -in turbidity outsidethe area of construction or construction-
related discharge (increases of .25 NTU's. or less are not considered
significant).
That the instream turbidity not be increased by.more than'50.NTU'a as a
result of the proposed activity:after.a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in
shall not be increased
by more than 10 NTU's as a.:result of the proposed activity after a reason-
able opportunity for dilution and mixture..
F ,
B. CERTIFICATION STATUS:
Certification is not required.
for this project.
Certification is required for
this project. Such action to:
process the certification has
been initiated. Proposed
Certification will be acted on.
-
or after
The proposed.project is.certified .
under General.Certification
A) No. 1179 issued on January 25, D) No, 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 109 E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November-10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
:A9
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

•
41, " DIVISION OF ENVIRONMENTAL MANAGEMENT

Date: March 6,1990
To: Bill Mills ti MAR 199
Planning Branch ?, RE-,.. , j
P? WATER QUALITY
From: James H. Gregson 02 . Planning Branch ,
Wilmington Regional office
Through: Preston Howard
Wilmington Regional Offic
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9001-R
J. B. Gerald
New Hanover County
PROJECT DESCRIPTION: Proposed is a modification to Permit
#127-89, to include: a two story office building with a 500 sq.
ft. footprint; an elevated parking deck over 404 wetlands; and
removal of a walkway.
ADJACENT WATER BODY: AIWW
CLASSIFICATION: SC
STATUS: Closed
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. The project will not require a 401 Water Quality
certification.
2. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 25 NTU.
3. Since the project is less than 1 acre, it is exempt from
State stormwater regulations.
JHG:9001-R.FEB
cc: DCM - Tere Barrett
WiRO, CF
Jim Gregson

WILMINGTON REGIONAL OFFICE
DIVISION OF COASTAL MANAGEMENT
256-4161
M E M O R A N D U M
To: All Reviewing Agencies
From: Tere Barrett
Thru: James H. Herstine
Subject: J. B. Gerald Permit, #127-89
Date: January 12, 1990
This memo is with reference to an application submitted in the
name of J. B. Gerald on February 16, 1989. The application proposed a
bulkhead, pier, deck, and floating dock on a small tract of land (.05
acre) on Airlie Road in New Hanover County. The intent of the project
was to serve a future subdivision of 2-3 homes across the street.
The adjacent water body is the AIWW, approximately 500' wide,
classified SC, closed to shellfishing, and not designated primary
nursery. A portion of the lot (approximately .03 acre) is high ground
while the remainder is 404 wetland transitioning to coastal marsh. The
area is zoned for commercial use.
On June 6, 1989, a permit was issued for community use only. This
permit allowed for bulkhead placement behind all wetlands, adjourning a
parallel walkway over 404 wetlands. Included was the pier with deck
and dock, extending 200' from the bulkhead. The portion of! the pier
crossing the channel was to be elevated to allow for continueduse by
boaters.
On January 12, 1990, before any construction began on the project,
a request for modification was submitted. This modification would
change the use of the lot to commercial; however, the applicant
indicates the use of the permitted structures would remain the same.
The proposed modification (attached) consists of the following:
(1) A 2 story office building with a 500 s.f. footprint. This
structure would be elevated over the high ground and 404 wetland
portion the lot.
o?
(2) An elevated parking deck, extending over 404 wetlands, up to the
coastal marsh edge.
(3) Removal of the walkway parallel to the bulkhead.
Page 1 of 2
J. B. Gerald Permit #127-89 - Continued
The area covered by the building and parking deck constitute 50%
of the Estuarine Shoreline AEC, and would eliminate any natural buffer
for runoff in a very congested area. For this reason, a stormwater
plan is being required (enclosed).
Additional Impacts:
Approximately 1000 s.f. of 404 wetland will be shaded. The
business to be housed in the proposed structure is an architectural one,
and should not increase boat traffic.
TB/tlh
1
Page 2 of 2
Please hype or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
I APPLICANT
a. Name T.J . ???,dLn
Address ?0- 50Y. +7- 16
City WILM I N Ciro f) State _UC
Zip 284010 Day phone 25'& - 6&00
L-- Landowner or Authorized agent
b. Project name (if any) ILIA.
If the applicant is not the landowner also give
the owner's name and address. M. ?x
d. Describe the pplanned use of the project.
of! FuTQ a nC-SI txNT/AL
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _ . o S Ac
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 2? - -7 '
d. Soil type(s) and texture(s) of tract
FI,uE ) TNt T! DQG Ma9l
e. Vegetation on tract Low SL?r2U iS ?vt?
Man-made features now on tract
tJ9 tJ
t=
?r;3.w4 hat is the CAMA Land Use Plan Classifica-
nv5F' ,y
Ra l>frraon of the site? (Consult the local land use
t".3, Ian.
FER )
S 19849 -??Conservation Transitional
Developed Community
2 LOCATION OF PROP6S 0? 'COAS AL ,sAN/?:(:F_r.,s 11
PROJECT Rural Other
W.lLl?I1 -f.GN R :G!' .;.) 'r How is the tract zoned by local government?
Qyr. i. How are adjacent waters classified? SB
a. Street address or seconda: road number
lsIRLIE 2y , SR 14,1 I j• Has a professional archaeological survey been
b. City, town, community, or landmark carried out for the tract?
W19164-MVILLE QCA. If so, by whom?
c. County N) N4J 1?t Avva
d. Is proposed work within city limits or planning
jurisdiction? t e)
e. Name of body of water near`estpro? ect
A.I.?? . W. u? W izl[?HI l1UL- B¢l ot.?
3 DESCRIPTION ATII' , ED
USE-OP-PRO.",
SED P? µ,
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
lzc-7 ?I iJIU 1 ?n?? IFR.
G?VCREO DG'C.I K. &,t3D rLn&nkv,
0
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting , project, new work, or both?
K. ENA t \LJaQ,{L
C. Will the project be for community, private, or.
commercial use?
pfd I V LD,=
5 "UPLAND DEVELOPMENT ?Ql
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed__________
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage. of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.

g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for
av
d
b Amount of material to be excav
d f
p
e
surfaces. ate
rom
below water level in cubic yards A '
yar

h. If applicable, has a stormwater management c. Type of material
A-
d. Does the area
to be excavated include ma
h

plan been submitted to the Division of En-
vironmental Management? rs
-
,
land, swamps, or other wetlands? ? ?1,
e• High ground excavati
i

i• Describe proposed sewa e dis
posal and/or waste
sewa on,
n cubic yards A)A
f• Dimensions of spoil disposal area 0A
water treatment f
g s, g. Location of spoil disposal area
h. Do you claim title to the disposal area?. Z\
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities If not attach a letter granting permission from
the owner.
. i. Will a disposal area be available for future
maintenance?/
If so, where?
1. Describe location and type of discharges to 7• Does the disposal area include any marshland

waters of the state (for example surface runoff ,
swamplland,'or water areas?
,
sanitary wastewater, industrial/commercial
effluent
"
" k Will the fill material be placed below mean
hi
h w
?
-
, or
wash down
). g
ater
N o
l. Amount of fill in cubic yards
m. Type of fill material CLC-6
'

m
rn• Water supply source
o 0 L
pMM?11CJ
n. Source of fill material COX' MC-6 ?`-SANO
If the project
oceanfront development o. Will fill material be placed on marsh or othe

,
describe the steps that will be taken to main- r

wetlands? t-4 o
rain established public beach accessways or pro-
vide new
acces p• Dimensions of the wetland to be filled ??
q• How will excavated
f
ll
.
s. or
i
material be kept on
site and erosion controlled?
_ \L1?cic-L
o. If the project is on the oceanfront, what will
be the elevation abov r,
What rYPe of constructi
e mean sea level of the
first habitable floor? on equipment will be
used (for example, dragline
backhoe
,
, or
hydraulic dredge)? _
,J?•T
F?`
? i
-
_
a s. Will wetlands be crossed in transporting equip-
ment to the project
i
?

a. Describe below the purpose of proposed excav s
te
If yes, explain
the steps that will be taken to lessen en-
taken
a-
or fill activities (excluding bulkheads vironmental impacts. n
,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water rer,
boat ramp,
rock jetty)
Pill placed in
wetland or below
MHW
Upland. fill
areas. '
a. Length of bulkhead or riprap. (Op
IF-
b. Average distance waterward of mean high water
or normal water level.- V-Lw
h re line erosion dur nag preceding 12 months,
c
in fe
d. Type of bulkhead material ]gyp ??ln
e. Amount of fill, in cubic yards, to be placed
below mean high water
C. Type of.fill material GL
AL. ?( LL_
Length Width Depth
sS ?DITIONA~L _ n ?RMA TI ,",; _
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x II white paper. (Refer to Coastal
Resources Commission Rule 7).0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name J. C_ Address _5 Z_W.;
?WR 10 HT?\ / I t ! C Q--n i3-ryT-
Name
Address
Name
Address _
89
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
K)n J?-
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
?CER TItF?IC?'I' A 1\J
?. ,r??, PER?i1Sx.
4
S-10N TOE
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connectionwith
'evaluating information related to this permit ap-
plication and?fJollow-up monitoring of project.
This is the / day of
19 pp
4L-?
Land r or Authorized agent
.Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
OFFICE OF COASTAL MANAGUHNI
WILMINGTON REGIONAL. OFFICE

J V /?
qv
RECEIVED
State of North Carolina F F B Z, u I=)u
Department of Natul"al Resources and Coil m-umity Developme1-, ilmington Regional Office
Division of Coastal Management DEM
512 North SalisburyS:reet a Pilcigh, North Carolina 27611
lames G. Ma tin, Governor George T EN7erett
Williani C. Cobey, Jr. , Secretary February 21, 1990 Director
R. Pau] Wilms, Director *** MAJOR MODIFICATION ***
Division of Environmental ?.Ianagement.
Raleigh, North Carolina 276:1
Dear Hr.. Wilms:
The alt.ached copy of an application submitted by:
J. B. GERALD
:app] icant.'s Name
AIRLIE_ ROAD NEW -HAN9VF`R -
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CANA major `
development permit...
X for a CAMA major development permit (only) ...
.-. is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than March 14,_19_90_
Sincerely,
IN
???
}i R. Parker, Jr., Chief.
Hajor Permits Processing Section
J-RP : a 1, : 2480
S T >k
State of North Carolina
Department of Natural Resources and ComT-nunity Development
Division of Coastal Management
512 North Salisbury S-rcet I:aleigh, North Carolina 27611
lames G. Martin, Governor George T. Everett
William C. Cobey, Jr., Secretary February 21, 1990 Director
Mr. R. Paul Wilms, Director
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Plr. Wilms:
*** MAJOR MODIFICATION ***
The a t.ached copy of an application submi.Ued by:
J. B. GERALD
Applicant's Name
AIRLIE ROAD NEW _HAN9-VFR
Location of Project County
_ for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAPLa major
f
development permit...
X for a CAMA major development permit (only)
is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than March 14, 11kQ-
Sincerely,
JRP: ap : 2480
h R. Parker, Jr.., Chief
tlajor Permits Processing Section
1) - 11 »A,,-7 RBI i 4 Kl -d, C-,rnlina ?M11.7687 relcohnnc 91033-2293
• WILMINGTON REGIONAL OFFICE
DIVISION OF COASTAL MANAGEMENT
256-4161
M E M O RAN D U M
To: Reviewing Agencies
From: Tere Barrett
Thru: James Herstine
Subject: J. B. Gerald Major Modification State Permit #127-89
Date: February 16, 1990
Please find enclosed the revised sketch of the stormwater plan,
surveyed CAMA alignment, and building placement for the major
modification to permit #127-89. The structure has been revised to
conform to the CAMA flagged alignment, and not encroach on adjacent
wetlands.
TB/tlh
Please : e or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1 APPLICANT
a. Name J •
Address FO - 50)4. 4 2, 1 8
City W 1LM I rJ CX Q State QC
Zip 2e40lo Day phone S5'&-'F&00
? Landowner or Authorized agent
b. Project name (if any) tea.
If the applicant is not the landowner also ive
d. Describe the planned use of the project.
a. Size of entire tract . 6 S 4e
b. Size of individual lot(s) W-62
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 'Z-'- -7
d. S 'I type(s) and texture(s) of tract
}??LM t AtL? ?1 K1 E a TM TI DAG MAKS7
e. Vegetation on tract Laces '514W$5
S"hLt T-6de !Z
f. Man-made features now on tract
wo l?)i1?
the owners name and address.
?? at is the CAMA Land Use Plan Classifica-
I-or '' on of the site? (Consult the local land use
lan.)
16 1989Conservation Transitional
Developed Community
2 LOCATION OF" PROPO$ F-CO"ASiA? ?,?RI?F+:GI P.'r('dl Rural Other
PROJECT C? 1.01 i ow is the tract zoned by local government?
i. How are adjacent waters classified? SB
a. Street address or seconda road number j. Has a professional archaeological survey been
kip- UF_ 2D ' SR 1 !? ry 11 carried out for the tract? 1J C7
b. City, town, community, or landmark If so, by whom?
t_l E _A..
c. County t')SW ?atJ01?EtL
d. Is proposed work within city limits or planning
jurisdiction? tJ[)
e. Name of body of water nearest project
A.1-WW. u wQ1[,Fh MLLE BZJO
3 DESCAIPTION"-- - P.L __M
4
USE -0F-F PROPOSED,40 f
75
r --
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
RETAI NI u o ul/?Ll.. , P l EtZ
coveREO pecy,
a?AI.c'rrs?
'DOcj/-
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
tJEv1 v1oR,IL
c. Will the project be for community, private, or
commercial use?
PK I va.-r E
5-
UPLAND- DEVELOPMENT. ?,Ql
i
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b.
Number of lots or parcels
Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water 'to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.

g. List e materials, such as marl, paver stone,
asph 't, or concrete, to be used for paved
surfaces.
h
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to
waters of the state (for example?- surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
m. Water supply source
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?-_
a
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water ier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW -
Upland -fill
areas
If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
Describe proposed sewage disposal and/or waste
water treatment facilities.
b. Amount of material to be excavated from
below water level in cubic yards-2A,_
c. Type of material W A
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands?_ A
e. High ground excavation, in cubic yards U A
f. Dimensions of spoil disposal area l)A
g. Location of spoil disposal area t1?
h. Do you claim title to the disposal area? N,
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?
If so, where?_
j. Does the disposal area include any marshland,
swamplland,'or water areas?
k. Will the fill material be placed below.mean
high water? N O
1. Amount of fill in cubic yards. t?lA
m. Type of fill material CLCON CoMMEM_!AL 5ANd
n. Source of fill material Com ME2G N.
o. Will fill material be placed on marsh or other
wetlands? t,4 0
p. Dimensions of the wetland to be filled NA
q. How will excavated or fill material be kept on
site and erosion controlled?
(?<<?? F3 .lei ?'1 ?E C? TLe TA1 N t t?
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? TFo R-
RETbJtJtt)6 t/ALL NN 1) DlF?2, ?iCC5
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.- M
a. Length of bulkhead or riprap 00 ?.?
b. Average distance waterward of mean high water
or normal water level. l?T N.W.
c. Shoreline erosion during preceding 12 months,
in feet N 4?
d. Type of bulkhead material 71TAMED \V-10 00
e. Amount of fill, in cubic yards, to be placed
below mean high water A,
f. Type of- fill material _C_ LtE„dIJ
C=Ot?? M ?R.CI QL ? 1 L L_
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality cog=es will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Amy Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a par of.plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name • C • b, V_C-R,
Address 3 Z / &
W2.1 C? TS?l1 l._
Name
Address
Name j
Address.
FEB16-?Q89
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
K) 6 A9C
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the / day of
19 00
Land r 3or Authorized aggent
.Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
OFFICE OF COASTAL MANAGUHNI
WILMINGTON REGIONAL OFFICE
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8" dia. perforated pipe requires 1 LF of
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Post Office Box 163
Wrightsville Beach,
North Carolina 28480
March 22, 1990
Ms. Tere Barrett, CAMA
NRCD Division of Coastal Management
7225 Wrightsville Avenue
Wilmington, NC 28403
ct? ??q TFR` ?'fj v
REF: Gerald Modification a ??4nn: ?C`q,rT.
Permit #127-89? 'J
Dear Ms. Barrett: `?l 01 6 ??
As an adjacent riparian landowner to this proposed project,
I would like to confirm my objection to this project as
shown on the rough sketch submitted by Mr. Gerald which
was received recently.
1. It has been my understanding that placement of a nor.-
water dependent or related permanent structure over
public lands, especially over tidal marsh is not
allowed by State and Federal Law. Item #4-d in Mr.
Gerald's application confirms the fact that the proposed
site is over tidal marsh land and it is flooded regularly
by tide action as a visit to the site will confirm. It
is unlikely that anyone's intrepretation of this project
can make the determination that an office building over
public marsh is water dependent or in anyone's interest
except the applicant.
2. A part of Mr. Gerald's proposed project includes the
construction of a pier and gazebo on the AIWW over an
existing spartina grass marsh area. It is my under-
standing that current laws allow for a maximum of
500 square feet of tidal marsh to be shaded by water
dependent structures. Construction of this pier and
gazebo including shading of well over 500 feet of active
marsh area have already been approved under Permit #127-89
without objection by me or other reviewers. Under the
requested modification now being considered it appears
that approval would result in the shading of additional
area that would exceed the limit and make the approval
of this request illegal.
w ?*
0 0
Ms. Tere Barrett
Page 2
March 22, 1990
3. Denial of this request certainly does not create any
unusual hardship for the applicant since the tidal marsh
he proposes to cover with a non water dependent structure
was in place when he purchased the property within the
past year - eighteen months. The tidal marsh has in
fact been in place for over fifteen years by my personal
knowledge. Mr. Gerald owns a large tract of land
immediately across the road from this site that is more
than adequate for construction of this proposed building.
4. Approval of the requested modifications would likely
result in a severe financial hardship for me if the
frame structure is built without s sprinkler system for
fire protection. My property is equipped with an approved
system and this project would negate the fire insurance
rates that I payed dearly to install and enjoy. In the
event of a fire, it would be necessary for the firemen to
physically trespass on my property to contain the fire
due entirely to Mr. Gerald's selection of a building site.
5. There are many other considerations that will be apparent
in the further review of this project by agencies such as
lack of the required 35 foot set back from Airlie Road,
the lack of any parking on the site, congestion and heavy
traffic, etc. These will be addressed if necessary with
the county zoning and building inspector.
I do not have any desire to prevent Mr. Gerald from using his
property in any legal way in which he chooses; however feel
that the points as outlined herein make it illegal for
approval and respectfully request that the modification to
his permit be denied. Please continue to keep me informed
of the status of this project and allow me time for additional
comment if appropriate.
Sincerely,
Zdhnnie C. Baker
JCB:ms
io .. 1%
Ms. Tere Barrett
Page 3
March 22, 1990
cc: Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510--1114
Mr. William Mills
Water Quality Section
Div. of Environmental Management
NC Dept. of NRCD
Post Office Box 27687
Raleigh, NC 27611-7687
Mr. Robert F. McGhee, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Herstine
Wilmington Regional Office
NC Div. of Coastal Management
7225 Wrightsville Avenue
Wilmington, NC 28403
Mr. John Parker
Div. of Coastal Management
NC Dept. of NRCD
Post Office Box 27687
Raleigh, NC 27611-7687
Ms. L. K. Gantt
J. S. Fish & Wildlife Service
Fish & Wildlife Enhancement
P. O. Box 33726
Raleigh, NC 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
W- ... '4?
Ms. Tere Barrett
Page 4
March 22, 1990
cc: Mr. George T. Everett, Director
Div. of Coastal Management
NC Dept. of NRCD
512 N. Salisbury Street
Raleigh, NC 27611
Mr. J. B. Gerald
P. O. Box 4218
Wilmington, NC 28406
Mr. Jeff Richter
U. S. Army Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Mr. S. D. Conklin
Chief Building Inspector
New Hanover County
414 Chestnut Street
Wilmington, NC 28401