19920010 Ver 1_COMPLETE FILE_19920101

d?s5rA7I,y .
auw
State of North Carolina
Department of Environment, Health and Natural Resources '
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor A. PrestR -%Howard, Jr., P.E.
Jonathan B. Howes, Secretary April 15, 1993 Director
Mr. Wayne Ragland
120 Balsam Road
Jacksonville, North Carolina 28546
Dear Mr. Ragland:
Thank you for your letter of 26 February 1993 apparently
concerning our 401 Certification issued to the Hurst Harbor Home
Owners Association in Onslow County on 31 January 1992 and
amended 8 April 1992 (DEM # 92010). I will try to address your
main points below.
(1) Does Water Quality Certification No. 2688 allow fill of
the pond? As this Certification states on page 1 and page 2,
"pond fill" is explicitly approved.
2) "Many.requests for 401 certifications have been denied
for conditions less substantial for protecting water quality..."
DEM has denied between 2 to 4% of its 404 or CAMA Permit
applications over the past several years. I am not sure that
this denial rate constitutes "Many requests".
3) Mitigation sequence not followed. As you were unaware
when we discussed the matter, DEM regulations (15A NCAC 2B .0109
.and .0200) tell us to use the mitigation sequence (also 404
(b)(1) guidelines) when significant, nonincidential (i.e.,
existing) uses would be removed. In this case, DEM determined
that a significant use would not be removed and that a strict
sequencing would not be necessary. Since you are clearly not
familiar with our permitting process, perhaps a meeting with
Central and Regional office staff to discuss how we review permit
applications would be educational.
4) Was site visited by DEM personnel?
Yes. Mr. Jim Gregson has visited the site several times starting
in late 1991.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 9191896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affumative Action Employer

Mr. Wayne Ragland
April 15, 1993
Page Two
(5) "Was any other 401 issued." Yes.
A revised 401 was issued on 8 April 1992 to explicitly remind the
applicant that a stormwater plan will be required and that issues
concerning the 18" culvert discharge must be resolved prior to
the CAMA permit's issuance. This revision was issued to correct
a typographic error and omission in the first Certification.
(6) "The permit as approved could severely impact a
riparian owner as well as future coastal water quality. We
believe that DEM conditions to the 401 Certification as well as
stormwater controls will protect water quality.
I trust that this letter fully answers the concerns raised
in your letter. I urge you to call me [phone]) to
schedule a meeting to discuss our existing 401 Certification
process. I believe that a meeting would be useful to your
understanding of our 401 review process.
JRD/kls
Ragland.ltr/Vol.7
Sincerely,
Jo n R. Dorney
cc: DEM Wilmington Regional Office
John Parker, DCM
•'
JiV1.6I M ®M A K° `=' M frorn Vay ne Ragland ASLA, CPS.S, REHS
LANDSCAPE ARCHITECT PROFESSIONAL SOIL SCIENTIST ENVIRONMENTAL HEALTH SPECIALIST
TO: Mr John
COMPANY: DEM. Water
FROM: W.
SUBJECT: CMT 03-93 & CAMA Pen-nit 133-92
ORTE: Feb 26, 1993 NUMBER OF PRGES: 1
message
Dear John
The above permit was issued conditional to 401 certification #2688. No other 401 certification was referred
to, yet it is my understanding that # 2688 only applies to rip rap stabilization of shorelines which would
NOT be applicable to the tilling in of the pond and wetlands approved by this pen-nit. This case appears to be a
perfect example of why so many in the development coiYUnunity perceives the 401 program as a c apricious
and abusive invasion of private property rights. Many requests for 401 certifications have been denied for
conditions much less substantial for protecting water quality than is obviously self evident on the above site
(i.e. Morton Commercial site, New Beni, 1991-92). The above CAMA permit allows the filling of an existing
pond, the relic remains of an old small boat basin, clearly within the jurisdiction of "waters of the US",
performing obvious sedimentation water quality improvements for a watershed dominated by roadside
drainage (therefore having a high probability of carrying complex hydrocarbons and heavy metal concentrations
that outfalls into valuable SA waters without a 401 certification. I was astounded to discover that the
mitigation sequence typically applied by your office did not result in at least a portion of the basin being
preserved to continue the existing valuable water quality control functions.
Was this site reviewed by personnel of your Section? Was any other 401 certification issued? Should another
401 certification be applied to the site conditions? The permit as approved could severely impact a riparian
owner as well as future coastal water quality. Mr Parker would prefer to resolve this problem before
damages occur.
919-347-9836
128 Balsam Road, Jacksonville 28546
-1-
s 04
Wk?"IZ It3AZII-L HDD
ASLA,CPSS,REHS
Feb 25, 1993
MR LL PARKER
BOX 1568
SWANSBORO NC 28584
Dear Don
LANDSCAPE ARCHITECT
PROFESSIONAL SOIL SCIENTIST
ENVIRONMENTAL HEALTH SPECIALIST
RE: Request For Contested Case, Major CAMA Permit 133-92
As you requested, I reviewed the documentation you provided on February 20, 1993 for the above
referenced case. Though you did not request a formal response, the misconceptions and errors
apparent in portions of this material demands a response in the attempt to clarify the facts necessary
for a reasonable and rational resolution of this conflict. As I discussed with you on prior occasions,
your concerns relative to the length of the proposed pier, the evolution of future uses on the adjacent
parcel, and similar objections are not generally subject to scientific analysis and must be decided
based upon interpretations of the specific regulations which is more appropriately addressed by legal
council.
The failure of the permit to address your concerns regarding the rock check dam is another matter. An
incorrect design, placement, or maintenance of the rock check dam is a direct threat to your continued
use and enjoyment of your property. This structure can directly and adversely impact the adequate
performance of your onsite sewage treatment and disposal system. This of course threatens the
continued validity of your improvements permit which is mandatory for the continued legal occupancy
of your residence. Since a malfunctioning "septic system" in this geographic setting is a significant
threat to water quality and protection of water quality standards is specifically addressed in T 15A:
07H .0208 (a) (2) (C), it should be addressed as a mandatory condition to the above permit.
CMT 03-93 ITEM OBSERVATIONS AND RESPONSES
Item 11. 5.: This item incorrectly states that you claimed a soil scientist recommendation to maintain
the top of the rock check dam at least 6' below the access road culvert to your lot. Your letter clearly
states that quantity as 6". Since I am the soil scientist that made that recommendation, I can confirm
unconditionally that the 6" quantity is the absolute minimum needed to maintain a free flow outfall for
the sock tile interceptor mandated by your improvements permit and is absolutely necessary to assure
control of a perched transient water table that could cause your nitrification field to become seasonally
anaerobic and ineffective. It was and is simple to confirm this requirement by contacting the Onslow
County Health Department.
Item 11. 6.: If this statement is taken literally, it is not only incorrect but so absurd as to be completely
unbelievable. The only way I can conceive that Dave Adkins made such a statement is if he was
completely misinformed of the factual circumstances. One does not have to be an engineer,
landscape architect, soil scientist, or in fact have any technical training to understand that a dam
placed downstream at an elevation higher than an upstream structure will result in the inundation of
that structure.
919 347 9036
120 BALSAM ROAD, JACKSONVILLE, N.C. 2S_'S46 1 of 4
'R&7KIZ 1"81"ID ASLA,CPSS,REHS
Feb 25, 1993
LANDSCAPE ARCHITECT'
PROFESSIONAL SOIL SCIENTIST
ENVIRONNENTAL HEALTH SPECIALIST
Since the sock tile soil drainage outfall is located near the access road culvert outlet and has it's invert
below that of the access road culvert, the waters that could be backed up by a dam placed at too high
an elevation could not only force water upslope into the sock the system (a reverse of the installation
design function) but virtually guarantees the accelerated sedimentation clogging and failure of the
sock tile outlet. The whole purpose of a rock check dam is to accelerate sediment entrapment
upstream to protect downstream water facilities and quality. This type of structure has been proven
very effective for this purpose and is recommended by the state agency responsible for enforcing the
sediment control regulations. The rock check dam will not cease being effective simply because Mr.
Adkins was not fully informed of the site specific circumstances.
Even if a sediment control structure is needed in the shown location, the effectiveness would not be
significantly compromised if the top of the dam is placed below the average water flow energy
gradient that extends from the access culvert outlet invert to the mean high water line of the AIWW.
The whole intent of the rock check dam objection was to obtain permit conditions that minimize the
threat to continued functioning of your septic system since no elevation was specified on the
submitted plans and no portion of the submitted documentation addressed this very important
problem. In addition, the energy gradient for this drainage ditch has been significantly reduced by
increasing the ditch reach, the placement of an additional culvert and the addition of several sharp
turns in the ditch alinement. When all of these reductions in energy gradient are considered, the
elevation of the top of the rock check dam can be a critical factor in maintaining free flow conditions so
necessary for your sock tile outlet.
When gUl peak discharge conditions are considered and one assumes that the stated 6' and 12'
quantities are typographic errors for the quantities of 6" and 12" , Item II. 6. actually makes sense and
can be considered generally true. The hand written file memo by Stephanie points to a possible
cause of the inaccuracies of this "statement of fact". Is Stephanie, or whomever the original II. 6. author
may be, aware of the technical aspects of the original objection, technically understands the problem
enough to sufficiently describe the factual basis to Mr. Adkins, or have the technical capacity to
understand the logical implications of the evaluation provided by Mr. Adkins? The gross disparities
between ll. 6. and Stephanie's memo implies a significant interagency misunderstandings as well as
a misconception of your original objection to the check dam. As presently stated, this item is false and
in any case is irrelevant to the factual reasons for your objection. Storm water rates and capacities is
only important in context of the potential adverse effects on the soil drainage system needed to
maintain proper functioning of your "septic" system (which is not addressed by Dave).
Item 111. 1.: 1 can not speak to the legal interpretation of the legal mandate that requires the petitioner
to state the specific statutes or regulations that the permit is contrary to but there does seem to be
something inherently unfair about this provision. The most knowledgeable people regarding the
CAMA laws and regulations are the DCM personnel responsible for enforcing those provisions. If
these personnel fail to fulfill their public trust responsibilities (whether by accident or intentionally) is
the public then expected to be as knowledgeable as they are or be as knowledgeable as attorneys to
even request a reasonable hearing of the facts to right a simple error? If this is the case, why even
have a. Division Of Coastal Management to enforce these complex regulations.
919 347 9036
120 BALSAM ROAD, JACKSONVILLE, N.C. 28.146 2 of 4
A , a j W kUKIZ 12k8l kKID ASLA,CPSS,REHS
Feb 25, 1993
LANDSCAPE ARCHITECT
PROFESSIONAL SOIL SCIENTIST
ENVIRONMENTAL HEALTH SPECIALIST
Item 111. 3.: It may in fact be true that the your case as presented does not have a substantial
likelihood of success based on the merits of the information available to date. Does this take into
consideration the fact that the DCM response to your initial objection to the rock check dam was
misunderstood, or that they failed to respond to you as promised, or that no attempt was made on their
part to understand the causes or intentions of your objection, or to even provide you with an
understanding of what is expected from you to "prove" the validity of your objections.
The unconditioned placement of the rock check dam poses a real and direct threat to the proper
functioning of your septic system. Does this fact cease to exist just because a specific CAMA rule
protecting your rights is not known bV you to be applicable? Is the threat to the reasonable and
properly permitted use of your property any less a threat simply because CAMA rules or regulatory
personnel failed to recognize the threat? I thought a finding of facts was one of the purposes of the
administrative hearings process, especially since the permit review process did not.
The statement that DEM is the agency most knowledgeable about stormwater impacts on your lot is
not only questionable in regards to septic system (i.e. DHS would certainly be competetitive) but the
implication that DEM approved the stormwater management system for this site misrepresents the
facts. Storm water management for the subdivision containing the subject site was probably approved
on the basis of the low density option which gnjY addressed assurance that a % of built upon area will
not be exceeded, assurance that no storm water collection system will be used, similar assurances for
a few additional criteria, and did not address site specific design review significantly beyond those
assurances (which may not have even included this subject site) and certainly did not address
impacts to your soil drainage system. I know that a detailed or even a generalized engineering
analysis has not been performed by DEM on the subject stormwater system. How can I know this?
Simple faith in Dave Adkins' abilities as an engineer based on my past experiences with him. A dollar
to a doughnut that Mr. Adkins was contacted by phone, responded to an incorrect statement of the
problem, has not seen the site, has not performed any energy gradient analysis on the stormwater
system and certainly did not address the potential adverse impacts the rock check dam could have on
the necessary free flow outfall conditions of the subsurface drain tile on Mr. Parkers adjacent lot.
Since the analysis implied by the statements in this section never occurred, it would seem reasonable
to question the conclusions stated based on "approval" by DEM.
Item 111. 4.: Again, I am not an attorney and can not speak to the validity of the legal arguments
offered. The implications of some of the statements and recommendations does seem to place more
emphasis on the "letter of the law" than fairness or justice. Though it may not be mandatory for
regulatory staff to make a full determination of the applicable facts, it does seem reasonable that a
citizen adversely impacted by an act requiring state approval to expect agencies entrusted with public
protection to attempt an understanding your concerns. In your letter of 1/2/93 to Mr. Schecter, you
clearly identified the culvert problem as related to your problem in obtaining "septic permits", clearly
identified my name with the rock check dam objection, yet I was never contacted by DCM in any
attempt to understand this objection. Your 2/6/92 letter to Jim Mercer clearly identified James E
Stewart and Associates (JESA) as your consultant in regards to water table concerns relative to your
septic tank permit, but JESA has not been contacted for any explanation.
919 347 9036
120 BALSAM ROAD, JACKSONVILLE, N.C. 28546 3 of 4
elo W &W HIC I"Ol kHM) ASLA,CPSS,REHS
40*1
LANDSCAPE ARCFMBCT
PROFESSIONAL SOIL SCIENTIST
Feb 25, 1993 EN'VIRONN- NTAL HEALTH SPECIALIST
RECOMMENDATIONS
1. Part of the problem with your objection not receiving serious review may be based on both your
lack of technical explanation of the problem and the the misconception of your problem by the DCM
staff. I have historically found most of the professional regulatory staff, including DCM personnel and
representatives of the Attorney Generals Office, reasonable when they are fully aware of the facts and
circumstances of a situation. A request to either eliminate the rock check dam or establish a maximum
top of dam elevation at least six inches below your access culvert outlet invert does not constitute a
hardship condition on the permitted but does significantly reduce a real threat to the value and
enjoyment of your property. I believe your most appropriate response is to request a reconsideration
based on a clarification of the facts hopefully provided by this document. As you requested on 2/23/93,
1 will forward copies of this report to all of the involved individuals and request reconsideration. Any of
the involved individuals are invited to inquire or discuss the site conditions with me. I will also provide
Mr. Carl Milsted with a copy for updating his files.
2. Other administrative resolutions may be available if cooperation with the above request is refused.
The map provided with the application does not clearly identify if the proposed rock check dam is or is
not located in Section 404 Wetlands. I am familiar with this area and I believe that the specific location
shown is in waters of the US (including all of the pond and existing channel profile extending from the
pond to your access road culvert) and requires a 404 permit for any fill placed there in. The rock check
dam certainly qualifies as fill and should certainly be subject to standard 404 permit conditions,
including 401 water quality certification. The only 401 certification specified by Permit 133-92 is to the
best of my knowledge not applicable to the rock check dam or filling the pond and adjacent wetlands.
Why isn't the strict standard conditions applied to general 404 permits and 401 certifications also
being applied to this individual application which is supposed to be reviewed even more stringently
than general permits. There appears to be more than adequate evidence to request an administrative
hearing with the Corps Of Engineers or with the DEM or both based on apparent inequitable
applications of the law.
3. The remaining alternatives involve interpretations of law or more forceful measures and need to be
reviewed with Mr. Milsted.
As you requested, since you are expecting to be working out of the country for an extended period of
time, I will forward this report with a request for reconsideration to the involved persons without your
prior review. Please advise me immediately upon your return if you have any questions, suggestions,
or other comments. If a meeting is desired by any of the involved parties I will attempt to represent
your best interest until you return.
Yours truly
Wayne R a and
Copies To: John Parker (JESA), Cart Milsted, Jim Mercer, Roger Schecter, Dave Adkins, David
Heeter, Jon Harrison, John Dorney.
919 347 9036
120 BALSAM ROAD, JACKSONVILLE, N.C. 28546 4 of 4

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett,"Ph.D.
William W. Cobey, Jr., Secretary
January Director 31, 1992
Regional Offices
Asheville Ned Hurst: Trustee
704/251-6208 post Office Box 458
Fayetteville Swansboro, North Carolina 28584
919/486-1541
Dear Mr. Hurst:
Mooresville
704/663-1699
Subject: Certification Pursuant to Section 40.1 of the Federal
Raleigh Clean Water Act,
9191733-2314 Pond fill and boat ramp construction
Washington Project #, 92010
919/946-6481 Onslow County
Wilmington
919/395-39W Attached hereto is a copy of Certification No. 2688 issued
to Ned Hurst for Hurst Harbor Subdivision dated January 31,
Winston-Salem 992.
919/896-7007 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Prge T. Evere t
Attachments I
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Centrai Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] / Pollution Prevention Pay.
An Fpual Opportunity AN;mnativc Acunn hllliAo cr

NORTH CAROLINA
Onslow County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States
and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to Ned Hurst
pursuant to an application filed on the 10 day of January 1992 to
fill an editing pond and construct a boat ramp. 11
The Application provides adequate assurance that the
discharge of fill material into the waters of the Atlantic
Intracoastal Waterway in conjunction with the proposed pond fill
and boat ramp in Onslow County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That fill be clean, free from any toxic material.
3. That erosion control measures be in place prior to the.
filling.
4. That the bulkhead be constructed prior to filling the pond.
5. That the riprap material be of such size so as not able to
be carried off by wave action and consist of clean rock or
masonry material free of debris or toxic pollutants.
6. That all wet concrete poured below MHW be poured at low tide
and that the forms be completely dewatered. No wet concrete
shall be placed in the surface waters.
7. That the area be stabilized with vegetation soon after
completion.
8. That the project be done in such a manner so as to not cause
turbidity outside the immediate construction area to exceed
25 NTU.

? i,a StATF o
-CF ?V EM
1 0

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3411 Arendell Street • Morehead City, North Carolina 28557
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
January 7, 1992
MEMORANDUM:
a,.
TO: Dr. George T. Everett Director
Division of Environmental Management JAN 9
FROM: John R. Parker Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review,.,,;..,,,,.
Applicant:' Hurst Harbor Park, Ned Hurst, Trustee
Project Location: Hurst Harbor Subdivision, SR1511, near Swansboro, on the
AIWW, Onslow County
Proposed Project: to bulkhead and fill an existing pond in order to construct a
community access site with concrete boat ramp and pier
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by January 27, 1992. If you have any questions
regarding the proposed project, please contact Jim Mercer at 919/726-7021. When
appropriate, in-depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
_his agency approves of the project only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
n ?
i!
,i
Signed Date o?-
P.O. Box 769, Morehead City, North Carolina 28557 Telephone [phone]
c7, (y v
An Equal Opportunity Affirmative Action Emolover
MEMO
1
TO:
DATE:
SUBJECT:
C5?f jag'? A3
44 , 'W'
/4t4 *ZV17
`? 1 ri
Aye - <<
l
Fly-,
From:
STA1p 4
N,.Y m.ln.
North Carolina Department of Environment
Health and Natural Resources
•'E a vxN'y ?..J? Printed on Reryded Paper
Gina
IMPOVANT
To
Date Time
WHILE YOU WERE OUT
M
of
Phone
AREA CODE NUMBER EXTENSION

Message

Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
??? Printed on Recycled Paper

DEPARTMENT OF THE ARMY -
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 4, 1992
SEP 1 6 ggt
Regulatory Branch
Action ID. 199203455
Mr. Ned S. Hurst
c/o Alan Bell Surveying
546 Cedar Point Boulevard
Swansboro, North Carolina 28584
Dear Mr. Hurst:
Reference a recent meeting between Mr. Alan Bell of Alan Bell Surveying,
Mr. Larry Baldwin of the Land Management Group, and Messrs. Mickey Sugg and
Jeff Richter of my staff concerning your property adjacent to a tributary of
Queen Creek, off S.R. 1511, (Hammocks Beach Road) in Swansboro, Onslow County,
North Carolina, to verify Mr. Baldwin's delineation of the presence of
wetlands subject to our regulatory jurisdiction pursuant to Section 404 of the
Clean Water Act.
On August 12, 1992, Mr. Richter checked Mr. Bell's survey plat and
determined that the plat accurately reflects the limits of wetlands on the
property. A copy of this signed survey has been forwarded to Mr. Bell in
conjunction with Mr. Jerry Clodfelter's adjacent property, which is associated
with yours. Unless there is a change in the law or our published regulations,
this determination of the limits of wetlands may be relied upon for a period
not to exceed 3 years from the date of the survey plat.
Pursuant to Section 404 of the Clean Water Act, prior Department of the
Army approval is required for the discharge of dredged or fill material in
waters of the United States, including wetlands.
Mr. Bell has discussed the possiblity of constructing `a'road across two
small wetland draws. Mr. Richter stated that this work can be authorized by
our Nationwide Permit No. 14.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
A
-,
-2-
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management and, in the coastal area, a consistency determination from the
North Carolina Division of Coastal Management. You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification, and
Mr. Steve Benton, telephone [phone], regarding consistency
determination. This NWP does not relieve you of the responsibility to obtain
other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
10

-3-
Copies Furnished (without enclosure):
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
/r. ater 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. Charles Jones
Area Office Manager
North Carolina Department of
Environment, Health and Natural
Resources
Division of Coastal Management
Post Office Box Box 769
Morehead City, North Carolina 28557
Mr. Larry Baldwin
Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
April 8, 1992
Ned H',t.rst.. TT ustee
Post Office Box 458
Swansboro, North Carolina 28584
Dear Mr, Hurst-
Georg( F Everett, Ph.D.
Director
Subject: Revision of 401 Water Quality Certification # 2188
Pond fill and boat ramp
Project # 92010
Onslow County
With respect to the above mentioned project, please 'e
advised that condition number 8 of Water Quality Certific<ti.on
No. 2688 issued 31 January 1992 is hereby revised to read as
follows:
That the applicant submit a revised stormwater managt,ment
plan to the Division, and that issues concerning the 18"
culvert pipe discharge be resolved prior to issuance of the
CAMA Permit.
The purpose of this change is to ensure that there i:; no
direct discharge of stormwater and its pollutants into open SA
(commercial shellf ishing) waters.
If you have any questions, please call me at (919) 7 3-1786.
Sincerely,
P-jege T. Everett
JRD/kls
Hurst.ltr
cc: Wilmington District COE
Wilmington DEM Regional. Office
Mr. John Dorney REGIONAL UI f ICES
Asheville MYFayettj Abn ParX ?esville Raleigh Washington Wilmington Winston-Salem
704/251-6208 C efttT A FileS04/663-1699 919/571-47(Y) 919/946-6481 919/395-3900 919/890-70)7
Pollution Prevention Pays
P.U. Box 29535, Raleigh, North Carolina ?7626-0535 Telephone [phone]
An Equal Opportunity Affirman?c Action Employer
MEMO
TO: a^
411 ? Ja..a.
DATE:
SUBJECT:
I'j
/7/-14.lr? r S 11V41R / r- W 03 a d dt o
Ale JA-me-y
a??? f2, U, is d?
FV JA 13
64
From:
STATE q
North Carolina Department of Environment,
Health and Natural Resources
7 Printed on Recycled Paper
?? M1 a.r ??

e ,. SUT[ o Y
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmc, Ital Management
512 North Salisbury Street • Raleigh, North Carolina 27604
lames G. Martin, Governor
William W. Cobey, Jr., Secretary
?.pri1 p ; 1992
Need H>,trs}.. TT ustee
Post Office Box 458
Swansboro, North Carolina 28584
Dear Mr. Hurst.?
C,eor?!c T Everett, Pli.D.
Director
Subject: Revision of 401 Water Qu.:ility Certification # 2688
Pond fill and boat ramp
Project # 92010
Onslow County
With respect to the above mentioned project, please be
advised that condition number 8 of Water Quality Certification
No. 2688 issued 31 January 1992 is hereby revised to read as
follows:
That the applicant submit a revised stormwater management
plan to the Division, and that issues .,oncerning the 18"
culvert pipe discharge be resolved pri)r to issuance of the
CAMA Permit.
The purpose of this change is to ensure that there is no
direct discharge of stormwater and its pol.l:tants into open SA
(commercial shell.fishing) waters.
If you have any questions, phase call me at [phone].
Sincerely,
;e prge'?T,'Everette
JRD/kls
'-;urst.ltr
?.: Wilmington District COE
Wilmington DEM Regional Office
Mr. John Dorney REGIONAL. O! 1(:f5
„hc illc MTFxct CA 1n Par -csvillc Raleigh Watihingnni Tilmington \Virn;nn tiak m
?ILi'2?I n2l)h Cont#, a-l Files(1-1/663-16() 919/571 -170 919/94(1-(O4 ')19/395-39X)(1 7(X)7
Pollution Prevetwon Pays
N) lion 2953. RAcigh North Carolina ?2oU,3> klchh,u )197 701
Op)rm IV Aunn,,,. Al Ium 1
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: March 13, 1992
To: John Dorney
Planning Branch
From: James H. Gregson
Wilmington Regio 1 Office
Through: Dave Adkins
Wilmington Peogional Office
-? D
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92040
Hurst Harbor Homeowner's Association
Onslow County
This Office submitted comments on this project on January
23, 1992, under project number 92010.
cc: Wilmington Regional Office Files
Central Files
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment; He th and Natural Resources
hereby gives public notice-'as re d by NCGS 113A-119(b) and
143-215 3(a)(1)(c) tha ar Park, Ned Hurst, Trustee of
Onslow County, filed n applic on on December 27, 1991, for a
permit from the Divisi oastal Management to develop in an
Area of Environmental Concern and for certification from the
Division of Environmental Management that a discharge of fill
material in project wetlands will not violate applicable water
quality standards.
.According to said application, the applicant is proposing to
bulkhead and fill an existing pond in order to construct a
community access site with a concrete boat ramp and pier at Hurst
Harbor Subdivision, off SR1511, near Swansboro on the AIWW,
Onslow County.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
Jim Mercer, Division of Coastal Management, located in the
Division of Marine Fisheries Building, Morehead City, N.C.,
919/726-7021, and/or the office of Preston Howard, Division of
Environmental Management, DEHNR Regional Field Office,
Wilmington, N.C., 919/395-3900.
The Division` of Environmental Management proposes to take
final action on this water quality certification on or before
February 16, 1992. The issuance of the CAMA Major Development
permit and the Section 401 Certification may deviate from this
projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Roger N.. Schecter, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
February 11, 1992 for consideration in the CAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C., 27611, prior to February 6, 1992 for
consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Wednesday, January 22, 1992
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890: ~ IN REPLY REFER TO January 16, 199
.?' S: March"^1692
Regulatory Branch 01a
Action ID. 199200845 ;z s
L?
Mr. John Dorney
Water Quality Section ;ice
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of the Hurst Harbor Homeowners Park
Association, represented by Mr. Ned Hurst, for Department of the Army
authorization and a State Water Quality Certification to bulkhead and fill a
pond, place riprap material and construct a boatramp and pier on the Atlantic
Intracoastal Waterway (AIWW), near Swansboro, Onslow 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 March 16, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
ne Wrig t
Chief, Regulatory Branch
Enclosure
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIE O
PROJECT NAME: Hurst Harbor Subdivision '
COUNTY: Onslow Project #: 1
STREAM OR ADJACENT WATER BODY: AIWW
CLASS: SA
OPEN OR CLOSED: Open
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED: 90/02/16 current project will require
revision of stormwater plan.
PROJECT DESCRIPTION: The applicant proposes to fill an existing
pond/basin and to construct a community access area with concrete
boat ramp and pier. Currently the pond collects upland runoff
from the surrounding property and the DOT ditch along NCSR 1511.
The applicant proposes to pipe this runoff via a 18" culvert
under the proposed fill and discharge through the proposed
bulkhead into the AIW .
REVIEWER: Gregson JOINT NOTICE: Yes
DATE APP. RECD: 92/ 10 RECOMMENDATION: Other
RETURNED: (ISSUE/DENY/OTHER)
RESUBMITTED:
INITIAL REPORT
FINAL REPORT: 92/01/23
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: Individual Certification for filling pond and
for the construction of the boat ramp.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY: N/A
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL: WATER: 7,980 sq. ft.
WETLAND: 2,550 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
ADEQUATELY ADDRESSED?
N/A
N/A
N/A
•s
92010.JAN
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: The applicant will
be contacted concerning the stormwater management plan. It is
recommended the 18" culvert pipe be deleted from the project and
that upland runoff be routed to a grassed swale along the
Hammocks Point Subdivision side of the property and discharged
into the proposed riprap area next to the boat ramp. It is also
recommended that impervious areas be graded so as to direct
runoff away from the AIWW and into the grassed swale.
That the 401 Certification contain the following conditions for
the construction of the boat ramp, bulkhead and for the placement
of riprap.
1. That fill be clean, free from any toxic material.
2. That erosion control measures be in place prior to the
filling.
3. That the bulkhead be constructed prior to filling the
pond.
4. That the riprap material be of such size so as not able
to be carried off by wave action and consist of clean
rock or masonry material free of debris or toxic
pollutants.
5. That all wet concrete poured below MHW be poured at low
tide and that the forms be completely dewatered. No
wet concrete shall be placed in the surface waters.
6. That the area be stabilized with vegetation soon after
completion.
7. That the project be done in such a manner so as to not
cause turbidity outside the immediate construction area
to exceed 25 NTU.
8. That the applicant submit a revised stormwater
management plan to the Division, and that issues
concerning the 18" culvert pipe discharge be resolved
prior to issuance of the CAMA Permit.
JHG:92010.JAN
cc: Central Files
Wilmington Regional Office Files
DCM-Jim Mercer
W"W-*
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME Hurst Harbor Park, Ned Hurst Trustee
2. LOCATION OF PROJECT SITE Hurst Harbor Subdivision, SR1511, near
Swansboro, on the AIWW, Onslow County.
PHOTO INDX: 1989: 165-12 @ H-15 1984:
STATE PLANE COORDINATES: X: 2559600 Y: 340200
3. INVESTIGATION TYPE: DREDGE & FILL X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 12-30-91
(B) WAS APPLICANT PRESENT NO
5. PROCESSING PROCEDURE:
6. SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN
LAND CLASSIFICATION
DEVELOPMENT CONSTRK
APPLICATION RECEIVED December 27, 1991
OFFICE Morehead City
Onslow County LUP 1986
FROM LUP Conservation/Conservation
CNTS IDENTIFIED IN LUP NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS PUBLIC TRUST WATERS
ESTUARINE WATERS OTHER
(C) WATER DEPENDENT: YES X NO
(RESIDENTIAL)
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING NONE
PLANNED NONE
(F) TYPE OF STRUCTURES: EXISTING Pond
PLANNED bulkhead and fill pond, boat ramp and pier
(G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE observation
7. HABITAT DESCRIPTION:
A
(A) VEGETATED WETLANDS 1404' DREDGED REA
FILLED OTHER
Cattail, Saltmarsh cordgrass
grass; saltbushes & Willow 2550 sq.ft.
(B) NON-VEGETATED WETLANDS:
Pond 7200 sq.ft.
Ramp 780 sq.ft.
Pier 980 sq.ft.
(C) OTHER:
highground - driveway 3360 sq.ft
(D) TOTAL AREA DISTURBED: Approximatel y 14,870 sq. ft.
8. PROJECT SUMMARY: The applicant proposes to bulkhead (601) and fill
an existing pond (7200 sq. ft.) in order to construct a community
access site with a concrete boat ramp (60' x 121) and a pier
130' x 6').
CAMA X
:g.,:, 0
FIELD INVESTIGATION REPORT - HURST HARBOR PARK/NED HURST, TRUSTEE
ONSLOW COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: Hurst Harbor is a 30 lot subdivision
consisting of 22.8 acres of property located on the Atlantic
Intracoastal Waterway (AIWW), near the Town of Swansboro, at
the end of SR1511, in Onslow County, NC. Over the past two
years, this single-family subdivision with its interior road
system has been successfully developed landward of the CAMA
75' Estuarine Shoreline AEC. Today, a number of individual
houses are under construction and the homeowners association
represented by Mr. Ned Hurst, Trustee, proposes to develop a
water access park and boat launching facility. The actual
project site is shown on the plat as the 0.6 acre
homeowner's park located on the AIWW next to Lot #1 at the
entrance to Hurst Harbor.
The applicant proposes to bulkhead the shoreline and
backfill a man-made basin/pond. The pond measures about
120' long x 60' wide. It collects upland runoff water from
the surrounding property which ultimately drains into the
estuarine surface waters of the AIWW via a narrow shallow
gut in the beach berm. Although intermittent patches of
cattails and saltmarsh cordgrass (an estimated 1,000 sq..
ft.) occur around the edge of the basin, the pond should be
considered non-tidal. The natural beach berm is only
occasionally over-washed during storm conditions. The Corps
of Engineers has identified the vegetation around the pond
as 1404' wetlands. Salt bushes and water willow dominate
the 2,550 sq. ft. of estimated 1404' wetlands. As proposed,
the entire pond and wetland area, a total of some 9,750 sq.
ft. will be directly displaced by the backfill operation.
On the northeast side of the shoreline, a 60' section of
wooden bulkhead will be installed at or above the MHW level
and will be attached to the corner of the existing bulkhead
on Lot #1 owned by Mr. Jerry Clodfelter. An 18" culvert
pipe will be installed to accommodate the upland drainage
from the DOT ditch that enters the property at SR1511. The
proposed drainage pipe will pass through the bulkhead to
allow discharge into the open 'SA' surface waters of the
AIWW. On the southwest side of the shoreline, the applicant
proposes 18 ln. ft. of rock riprap to be placed in a similar
fashion as used on the adjacent property known as Hammocks
Point Subdivision. A 12' wide concrete boat ramp will join
the 18' section of rock riprap. As shown on the workplat
drawings, the concrete ramp will extend approximately 60'
waterward of the MHW shoreline. A 12' designated driveway
and turnaround area will be covered with marl and will
connect the boat ramp with the paved road listed as John L.
Hurst Drive. The water access park will be completed with
# i
FIELD INVESTIGATION REPORT - HURST HARBOR PARR/NED HURST, TRUSTEE
ONSLOW COUNTY
PAGE #3
the construction of a wooden pier measuring 6' wide x 130'
long. An L-head platform measuring 10' x 20' will occupy
the terminal end of the pier in water that approximates
-2.9' on MLT. The application indicates that the end of the
pier will be some 340' from the edge of the AIWW.
10. ANTICIPATED IMPACTS: The existing pond is the remnant of a
man-made basin and highground. Over the past 20 years, the
natural shoaling tendencies along this section of shoreline
have closed the original channel entrance. The applicant
has accurately detailed the amount of direct impact by the
bulkhead and backfill operation listing the surface water
area of the pond at approximately 7,200 sq. ft., and a total
of 2,550 sq. ft. of vegetated wetlands identified as the
1404' type. In addition, the concrete boat ramp will
displace 780 sq. ft. of subaqueous bottomland characterized
by hard sand and shell material. The proposed pier will
occupy about 980 sq. ft. of public trust at a water depth of
-2.91. No mooring piles or other boat slips have been
designated in the project drawings.
PREPARED BY: JAMES L. MERCER
DATE: JANUARY 7, 1992
i
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Ned Hurst.. Trustee
Address P.O. Box 458
City Swansboro State N. C.
Zip 28584 Day phone [phone]
Landowner or Authorized agent
b. Project name (if any) Hurst Harbor H=eowners
Park
c. If the applicant is not the landowner, also give the
owner's name and address.
Hurst Harbor Homeowners Park 4Association
c/o Ned Hurst P.O. Box 458 Swansboro,
N.C. 28584
Prepared by Donald C. Clements Jr. R.L.S.
910726-o44
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
&d of Sr15ll
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
The area is .a park and boat launching
facility only for the interior lots in
Hurst Harbor Subd.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 9.6 ac.
b. Size of individual lot(s) C. 6 ac.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
Variable; see plat
d. Soil type(s) and texture(s) of tract
San loam
e. Vegetation on tract Native s-rasses
b. City, town, community, or landmark
Swansboro Twp. f. Man-made features now on tract existing boat basin
c. County Onsl ow 9.
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Intracoastal Waterway
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Bulkhead and fill existing basin;
install dock and boat launch
3/'91
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Unzoned
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey been
carried out for the tract? N_ If so, by whom?
h
Inl DEC 2 n 1991

jaded PeioMad uO Pawud
sawnosaH leinleN Pue `UIleaH `luawuoainu3 to -Ida(] 'O'N
Pau ITS
a6essaw
NOISN31X3 M38wnN 3000 v3uv
auoyd
;O
inn 3M3M nOA 3?IHM
O awll aged
01
llt/D 21flO.l 43Nbf11321
1N3J21f1 f10A 33S Ol S1Nt/M
NltfJb' llb'J 111M no), 33S Ol a3llb'J
llb'J 3Sb'3ld 43NOHd3l31
1Nt/180dW1
# 4
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed Entrance driveway
b. Number of lots or parcels 0
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
324 sq. ft. for drive
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? N A
o.
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
X70
L
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Marl
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?' N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
None
j. Have these facilities received state or local approval?
N/A
k. Describe existing treatment facilities.
None
1. Describe location and ;type of discharges to waters of
the state (for example, surface'raioff, sanitary
wastewater, industrial/commercial "effluent, "wash
down"). NCDOT drainage ditch
2 .:

m. Water supply source None
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
pN%Ac beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NIA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas

S
50 2

260

*Band a found ex

120 60
b. Amount of material to be excavated from below
water level in cubic yards 0
c. Type of material N/A
d. Does the area to be excavated include marshland,
sw am pAs, or other wetlands?
e. High ground excavation, in
N/A
1
* I
f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include.any marshland,
swamps, or water areas?
IfA .
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards 1800
m. Type of fill material Sand
n. Source of fill material Off site
c. Shoreline erosion during preceding 12 months, in
feet 5.0'
d. Type of bulkhead material Wood
e. Amount of fill, in cubic yards, to be placed below
mean high water 0
L Type of fill material N/A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 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.
o. Will fill material be placed on marsh or other
wetlands? Yes An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources
2550 s a. ft. Commission Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled? Please note that original drawings are preferred and
Bulkhead installed at southern edge of filpnly high quality copies will be accepted. Blue-line
area prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part
(for example, dragline, e, hydraulic of plat requirements and it must be sufficiently detailed
dredge)? Backhohoe and amntr uck to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
s. Will wetlands be crossed in transporting equipment the like.
to project site? -na- If yes, explain steps that will
be taken to lessen environmental impacts. 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 comments
7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
a. Length of bulkhead or riprap 60 of bullchead that
1 of riprap
b. Average distance waterward of mean high water or
normal waterlevel 0' _-
3/91
opportuni
rVE, 2 7 1981
3
# 0
Name
Address
Name
Address
CWF+2 %4 & . nLZ 1, AJ • C • Z 8S9 41
siv
Name ?-?
Addre?A,y „ter iV ., ZI? 2S58Jt
PhvAr e. 32? -? 3 2 J
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
.y
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted 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 application and follow-up monitoring of
project.
This is the day of 1064 b4e-- 1A IL.
X
Lan wn o Autho ' e agent

4: K 3N1£
0
a
1 0/+N C, µvISST D/?.
Ex I fn1?4
E
•
? •
OVT
/ I/
IV L0O4f 1o lr 0.o

I
?"
'N
W,

i o

DpI? N
a..

j ?
v
L
tl CIN
rl Q 404 ?' .
@
0.t', _ ?
Z
Z
?I
W
I
75
fl
LL
i\ ?+ Q
I r
l
. ? +h l
r
E>•ISTi? V .
RIia?R -, ?
J
u
}
?\ Q
n ?
h - v
} Q c
?h
75, 0 ? ? G
.1' ~ J
kJ
PRO MCP TM PR OVE-ME-IVTS
I)OIMEOti?W95 PARK
' . HVRSTHAABOR Si/DA
fw,FNseoltO rwp O NS?.O u! c o• / rr.(,
pvNAl-P 4. 61-r C'WST2
rjLS L-14.0
Arc., lyre, 13E,.4e , N.G.
MOTES,
f?r ELEVI? lYOKs /}QOl?E rhL/fN H/GEf I?1f12°K
I41tG. /ry,t,L
(?'kL6vlgflOnS ISULOw ???ti L01^' lr/p S'.
?R ?' /?El4+?' a.Ow V-fFl?'/2, /Er( ,?osTh?
?/9Ra.lN?+ GE?b?I'/G SuR?Fy nHTiv,
(31 G/E7c./9Nbr L.oc?7'/ar? Is if 4coRlo/r6
To JE ?F !Z/c/tTE!{ vfCt
DvLHHe*b tv/tic. QE F/LL A-07'0
'r?. / /Y1S? /'1 //?'Y/q??. I,v/7-y. fv/Tl418L?'
rC/r ?r +4 N do w Y+•?T?7( Lf *r -140 M XL.
.0 = G17MN.torvT?OL ",d4l
2 t ,p
1 0 1 0 `d„?-?o? ? F ,l'EA/1/l?G /PTO/P
Q• I q,? y ? h /s 7?c ,
?c?? w2 to o ? I? 91.Ox•?Ow
I
` TAR
i ( Q6
I I?
`rk -L
I
I
w --

? I

111
X
3

m

! CAh
S
ti ??ry`? u

rµt / ?*PO 0.0 n rr /s?o/v
y? ,q,f cgbca/.lyr?,ip /!"+t.•n TR?vs/4s?r _.. _.._ -- --
!5 I :I000O+ - -
POItigLp G LLS/nC'NIY t'R•
7. 4LI
1240 74-1Z0 t IYO X XD a3Fr= ,d?D "
?T
• x iz PT
?p?Gre 2f? • ?S?yhr?,,>
7 h?wb 267Y /o'L7 20 d
9P 8 a F7-
F?
(
781 aaFr
r

DE-TAIL5
ALL f'r)(ucTv/q j- i„ 1 /-c, r3 k' 19 c iLT 1-a 4vl2RO'l1f"
,Lae, } L )9 1/41, 01NG EODEs
1.70 ? w6Qh r?(o PST 8?yon/a MttL
Darro l

P!L! 45
1 ocY Y- LAVIVC y pETAii-
?!; 0 ?m sG. N i,rri al-, Ali.
TifBp`K
pagowr,yN ?
GRogr,V
F B^AY,
6IZGGprH
1P/47
?ULK14 E4D=-,D-4FTAIi-
?No siati=)
Rrp naP
I?/irv
hLGROUwIp
!-"! arerZ
Fr r+OTH
n I P RA P pFTl4/Z
(/+O S e NF Vp?)
?k) qw
14 c k. &? *M4
i
DEC 2 7 i991
LAvAG/f
6.1(lfE*D
7
o SCOPE
tHB?}7
M brr?A r
?!a H
?? wti rt'iC
P/LlNG

t ? W+
c dM'?a4 i?'
4
? Y
el
ExISJ)NG
?/ E .i??flt r ? 1'''
? ,
Nbo°ys'ao br qo.o?

e
?

i o d \

?
e
a
\ '
l
Q I
? A ?
1

ri rt
A
'
1? J
`
a
\ r

JONP t, j"vKsr PA.
v
?o
J
M
o?
Y
? o
?. T
?n
T v
r ? ap
rfI
4 7 0 .(
J to
G
r
??7Sj/.tai ?j
R?ogAR , n
1 cr ?o ?
F ?? o
1 0
1- - ? 4rl
1 ? al
'? lc

3
1
?a
a
a' ~ J
PR6 PaW mFp\ ovc-m VTs
I-I OWO WIMF95 PARK
• . NVRJTH)?ABOR SVDA
fW,4NSBO4O 7-W1 ° ? NSA o t? c b, / ??, ?
ocTol--ii??/,f? SGw?? r".= Ito
pvNpLp 4. G1-rMEWTSTrt
RLS L- -• W.D
A,ri-/4Nrtc. sE"4e#, N.G.
NOTES
('E4Ev4TIOKS 19rQ0416 P'h /fNH/Gµ G?/? K
Ma- ,7,ct
6Drl-Ct'/4riM-S aallow witrp+R. L.dv Hips,,:
14n E Md-14w "v- w*rF.1- r--n P6A7'hL
4?9/QO lov G,rbvrr/4 5v.?vFy Ogrx
Q tvell-Amur t_oc4pon /s /g 4caR10
l? G
To Tg-)rr- R lc #rej use i
l? AL_ L 44 X-Igs 13E*/1 ?KI i01?4 /00 5 -/0
L3 v(-N tte/A b tvr/, c. O U P-111-1- rO TD
?'/} / /YIS? /'1l/r'YiYJ?Ih. W lTy. sv/T/9-?L?
Mgr?'n/fit.
t9 K? rar l4 /v i-o w ? ?1 K cs ll-r
z 14-
t??sr NdoP,crR/-?.u?
??h 1'C AR/l?G /Pto/P
/rS9z a 70 k.
I
i
o
?o
,?`9 Mew
I
' I

J .a•b.ss ?.??
Ax 441cu!-*nrAl /1-C-1 DEC ATMvlrr4s/r
-0+6- t ?*pa o,- 1' n b 4/slax,
IS 1:/0000+
DEC 7 ??91

w? f
'*rt:. rmrr •-r--,.rte^.•er+rm?
Ty
C PAR R!R PROI. 77 w
[ N
tN.fl i.l. ntl, = Z D
° a : f3 s. R. rru 0 m
SITE ?i gym=
R • L w.21 •IY'Y•'W ? ? A
1 t tv1.1o• i• 0 40. 0
T.
` NSY•r?Y• lltrr• • ;± :ewe 4 O ,y /?/y?
1,', i ti :iw• Vl
UN (n
o
CD r 'm ? o
•t f ? 1 ? [r..twN ? ?
• . ``lye '-•? ?? °rr'' h °o O ? O
??. ' 1. `.•ww• f! l N21•Ir'r1"Nr Joe.***
• 1 ??•w•.rr ; ¢ Nil •JY'?ljyr frt. II'
D 1• I+ ? } a . a w • ?
•
{ t, • = l• ("A-ro Aw..) ?:,, + 11..1•
n
r c frr.oa• r.,e• •w ..•
O ti ?
D Z ? w1 .. f..r«,•t.[tr [w !". > - 2 i.7yry• w' •
r i oe•r '1 ? ? . ° x
1 O ?AO'w• I,r, ? ?e ? y
2 ° w°yw .rte-,-. - °? - { w • s ; O ° a•
•IIV ?(•• •~ 'M °7Y'YliM fif.10' Nr17Y'NiW (?\1
? ? wIIFP.YII Z , f•• NI N/I V°"w /{f.II' '11.1i
?- - ! .-`'•• w A Ni,•II'M1"Wr/N.Ie' ff1.11' 12611'
w w 1
2
Y }?. 1 0 .rases .? ? a <r 1
t "
mzg*sx
O ti Y t1.IJ• 1! ti•
•e 2
« ? f 11• 4 • ??1•riv. ' r[r , ? t r<Y•ii Yl'-'ir + :: t
• • `{,(« S S [?. f,, •1 Mil -Ir4PtL
t 1 °I °w, Y + i •? a.[r• ' t1.1 o• 71.N' tC Ri :: F
e' ? o ti •t•ti ?• ? "f
[. ? ?• ZZ ii. h ?w
(• .7 •"?{.twf O ?i \?t ,, n?Aii• o ` ?? it
•• Y 7
ofj11 \? O ? N w ? y t r -. v
w -
. ?• . - 7 7
A ? f11.1?
+11.. A•J IIIfl yA^L •riJJ •»?J
iNY/R! IItY -
mod} ??
SEC 2 7 1991
1, y
W0
4h A14
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 r
IN REPLY REFER TO August 24, 1992
Regulatory Branch
Action ID. 199203297
Mrs. Ruth Ingram
200 Gertrude Hurst Court
Swansboro, North Carolina 28584
Dear Mrs. Ingram:
SEP - 4 W2
Reference your August 12, 1992, meeting with Mr. Jeff Richter of my staff
concerning your proposed filling of a small wetland area on your property
adjacent to the AIWW in the Hurst Harbor subdivision, in Swansboro, Onslow
County, North Carolina.
Mr. Richter stated that the area in question is subject to our regulatory
jurisdiction and will require Department of the Army authorization prior to
the placement of fill material in it. He stated that our Nationwide Permit
No. 18 authorizes the placement of up to 25 cubic yards of fill in wetlands
provided that the enclosed conditions can be met and concurrence from the
North Carolina Division of Environmental Management is obtained. Also
enclosed is a permit application for your use. The same form is to be used
for both the U.S. Army Corps of Engineer's authorization and the North
Carolina Division of Environmental Management's 401 Water Quality
Certification. You may wish to contact Mr. Jim Mercer of the North Carolina
Division of Coastal Management at telephone [phone] to discuss the need
for further State authorization.
Questions or comments may be addressed to Mr. Richter, Regulatory Branch,
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
r'
-2-
Copies Furnished (without enclosures):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
M John Dorney
Ater 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. Charles Jones
Area Office Manager
North Carolina Department of
Environment Health and Natural
Resources
Division of Coastal Management
Post Office Box Box 769
Morehead City, North Carolina 28557
II
II
II
II
w
? I
11
II
n
II ?

ro\?` ?r `II
?_. ..?? 1511•'/:..,,-..,.:•.-.
X11• '1
\ n
7 .eaaNU.Y, .,. 30
? I I
II
II
II
II III
II
II IL.
"???
y?-? u
?n.^?"
IP Y I ,' '•' 3842
;DEC ;DEC 2
2^Ta??
.? o \\\ JI -?` 4f
2 \\ ?? II 0 \ h
O . II 11 1 I
• ?Z q ? \b II II U
I ll
(/`? ,II II • •?3 $ Q
- 1 (?,k". ill 1.35 = N ?` /l ^b ///? ,II 5 /N.? \• •21 ] W
?" JU, 11 11 II _ ?i: • \0 0 ?
n 11 8 ? ,•, \\ 00
Swa
III ri __?- II \\ t ??: '? / • ? O
U u?- /// II p ,? _ W
11 1 0
r II p err II 0•` 15l m 2
v .
_ 11 ,, ?? ,. • s 25 \\ \\ C ?\ 3 1'on
® _. - \ \\
3$40
Holland
Light I ?.
Foul.' \7qi -? ?/ a 1
?. Fou 2 r:
%
20 35 1
_ Foul
r' Cl A 4 / ?.
u ;i , o I .39
4 s, 81
II l? / 1 'f
? i Foul
' ? \?d ? •/P 151 ??, (E) 1
6p, Foul r /
Area Li ht
i
i
,;Foul
T
'°
•.Foul ?? /:c1 /?/i,rf ,N:`• r 38
- 11 40
/ _ ?V ``• 'Pp ,. ? ',[ ``?• / .. -rte
1 Y__?V ? I / Foul • _ _
10
' ? ?O r/i? b / Ybeaco?i• w f o ?? o o. ?? ,
• y
? ? . •' /y. n ? .a . 4 •
•tSr /
225/-` /?. ? ?• . r ?/, ??`?M // ? t._ ?-r.? ?~ .a r4,
J i ?f
3837
• / / i r
LHawk
3836
H-rivo k-1,
r fr
IC
{y
r, .. ., _ 4??1e :a r
n. .4
3835
w ne r.
\.17,1 ':..:...::. ..
,? ? Elan
?•?I.. x ` `,? ,Shifting Sand Dune ti;'?'- fl?$a 3p-fe°t' , r
Boys to 43 Feet J{?'1.P vv E1e?s 1 ? • ^v .r r! rr?