19920311 Ver 1_COMPLETE FILE_19920729

STATE
N ? ?6?
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 September 14, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Ms. Agnes Woodruff
Box 266
Linville, N.C. 28646
Dear Ms. Woodruff:
RE: Water Quality Certification #2671
New Hanover County
DEM # 92311, COE # 199202029
Thank you for your 12 August 1992 letter requesting that the
Division of Environmental Management modify Water Quality
Certification # 92311 to be issued to Mr. Marc Hoffman (your
agent) rather than yourself (present landowner). DEM policy is
to issue Certifications to the present landowner since the
responsibility to follow Certification conditions relates to the
landowner. I would suggest that you obtain from Mr. Hoffman a
written agreement to follow the conditions of the 401
Certification (and subsequent CAMA/COE permit). This measure
should clarify the responsibility of any persons who act on your
behalf to fill the property and conduct wetland mitigation. Once
Mr. Hoffman obtains the property, the 401 Certification and its
conditions (such as mitigation) will become his responsibility as
landowner. Another approach would be to have Mr. Hoffman
purchase the property before the fill occurs. Then DEM could
modify the Certification to apply to the new landowner.
I hope that this letter answers your concerns and provides
several options to resolve the problem. Please call Mr. John
Dorney of my staff at 919-733-1786 if you have any questions.
Sin erely,,i
A;;?Y
. Preston Howard, Jr. P.E.
Woodruff/jrdwp
cc: Wilmington DEM Regional Office
Corps of Engineers Wilmington Office
Division of Coastal Management, Raleigh
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/946-648 1 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
n P o?
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/J AUG 14 1;92
DIV. OF EN I MENk M T,
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State of Nort.1-1 Carolm*a
De.partmcnt of Bnvirom-nemt, Health, and Natural Resources
D.1vision of Enviroamental Mana.,-P-mmt
P.O. Box 29535
Ralcigh, INC 27626-0531-5)
W/,TF-R QTUAIITY SECDON
FAX# 919/73'-')-1338
TELECOPY TO: '. - ? (-L/O It, - &?-,
FAX NrUMBER:
T-Rom:
PHONM:
N'0- OF PAGES, INCLUDING COVRR SHF-ET:
HUG-24`92 MON 11: 51 1 D: D I U OF CURS I HL f,1vl'1N I I EL NU: LJ1`JJ ??-14JU FF??ti rem
STAIZ
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
725 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
W1111am W Cobey, jr, Secretary
08/24/92
c W f c" "A( U (? r v-? + VT rv t?
MEMORANDUM
I0 ul-4I-KI PL- MAC. A6,;c/u
PoBaw 0 1? At-C) N K IC. Z 7? c 1 l? h?
From: Steve Benton, Consistency Coordinator
Roger N. Schectcr
Director
Subject: Project Number ACTID-92-2029, Dated 06/04/92
Fill Wetlands Adjacent to Burnt Mill Creek for Residences
Proposed by: Mr. Marc Hoffman, Agent in New Hanover County
The above listed document is being circulated to you for review
and comment by 06/30/92.
Type of Review Requested:
_ General Comments / FYI
Determination of Permits Needed / Local Land Use Plan Issues
NEPA / NCEPA Comments
_ Preliminary Federal / State Consistency Comments
Federal / state Consistency Comments
please contact me before the response due date if additional
review time is needed.. Thank you.
REPLY This office objects to the project as proposed-
Comments on ?>h?i"s pr jest are attached.
-LzThis office sAtpparts We project proposal.
No Comment.
signed
Date LD L , .0,
P.Q Bak 27687, Raleigh, North Carollna 27611-7687 Telephone [phone]
An Equal Opporturoty Affirmative Action Employer
f1UG-24-'92 MOH 11: 51 ID:DIU OF COASTAL NUMI-11 ILL NO: C911J) 'r5 -14 42nu Hui
L?, ? STA1j °? ?
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Sheet • Ralcigh, North Carolina 27602
James G. Martin, Gavernor
William W. Cobcy, jr., Secretary
FAX TR"69MYTTAL
[phone]
NAME:
OFFra"E: ?)??, fJ ???/ %1'"INn??????. tier ;c? T-
Ni7MBER t7A5 J /A:-O' I 7- PAaSS : --
(Including coven sheet)
COMMENTS :

Roger N. Scheeter
Director
PD Box 27687, RWleigh, North (Urulina 27611-76IT7 Telephone [phone]
An Lqual Opix-mtnlty Affirmative "on Employrr
W -t
TRAHSMISSIOrl REPORT

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North SalisburyStreet • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 29, 1992
Mr. Marc Hoffman
Agent for Ms. Agnes
P.O. Box 3325
Woodruff
Wilmington, N.C. 28406
Dear Mr. Hoffman:
A. Preston Howard, Jr., P.E.
Acting Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed residential lot fill
Project #92311, COE # 199202029
New Hanover County
Attached hereto is a copy of Certification No. 2671 issued
to Ms. Agnes Woodruff dated July 29, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Ukq
A. Preston Howard, J P.E.
? Acting Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 9 19/395 -3900 919/896-7007
Pollution Preventlon Pays
P.O. 13oz 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Ec{ual Opportunity Affirmative. Action Employer
9 !
NORTH CAROLINA
New Hanover 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 Agnes Woodruff pursuant to an application filed on the 10th
day of June, 1992 to fill about 0.04 acres of wetlands at 21st
Street in Wilmington and create about 0.05 acres of wetlands
nearby.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands adjacent
to Burnt Mill Creek in conjunction with the proposed lot fill in
New Hanover 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. The restored/created wetlands
native tree saplings at about
after the proper elevation is
site. Two copies of a report
grading and planting shall be
of Environmental Management a
completed.
shall be planted in
400 trees per acre
established on the
describing the
sent to the Division
fter the work is
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 29th day of July, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
N I / I, 1 04- "??
4. Pireston Howard, Jr., P . E .
i Acting Director /
WQC# 2761

DIVISION OF ENVIRONMENTAL MANAGEMENT
Date: July 9, 1992 [ ? ? U X01
To: John Dorney JIi 61992
Planning Branch
From: James H. Gregso E NNDSGR F
Wilmington Re 1 Office WATER UALITY SECTION'
Through: Dave Adkins
Wilmington Re Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92311
Agnes Woodruff
New Hanover County
PROJECT DESCRIPTION: The applicant is proposing to fill
approximately 0.04 acres of wetlands to prepare the site for the
construction of four houses. The applicant is also proposing to
create approximately 1000 sq. ft. of new wetlands and upgrade
approximately 2000 sq. ft. of existing wetlands on the property.
ADJACENT WATER BODY: Burnt Mill Creek
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require an individual 401 Water Quality
Certification.
Due to the disturbed nature of the wetlands on the project
site, the filling of 0.04 acres of these wetlands should have
minimal impact on water quality. The fact that the applicant is
proposing to create/enhance 3000 sq. ft. of wetland areas should
offset any habitat loss, however the applicant should be required
to submit a detailed mitigation plan to this division for review
prior to final decision on the 401 Certification.
JHG:92311.Jul
cc: Wilmington Regional Office Files
Central Files

JuiN ' 1-1992
k
DEPARTMENT OF THE ARMY
Wilmington District, Corps of EngineeL-1-_ ?! -- -,
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199202029
June 4, 1992
PUBLIC NOTICE
MR. MARC HOFFMAN, AGENT FOR MS. AGNES WOODRUFF, Post Office Box 3325,
Wilmington, North Carolina, 28406 has applied for a Department of the Army
(DA) permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO BURNT MILL CREEK,
OFF 21ST STREET, IN WILMINGTON, New Hanover County, North Carolina.
.The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S Army Corps of Engineers. Plans submitted with the
application show that the agent plans to build houses on four lots at this
site. Two of these lots include wetlands which are to be impacted by the
proposed project. A total of 1900 square feet (0:04 acre) of wetlands are to
be impacted by this work. The site is considered adjacent wetlands, even
though the past construction of a sewer line of the placement of spoil
disposal resulting from a channelization project along Burnt Mill Creek has
cut off a direct connection to the creek. The site is located below
headwaters.
The area in question has been disturbed to some degree by various
activities including road construction and subdivision development.
Vegetation on the site includes cypress, tulip poplar, poison ivy, wild grape,
smilax, and ligustrum. Soils are hydric, characterized by a mixture of
organics, sand, clay and muck. This mix is possibly a result of past
disturbance.
Upon completion of the proposed work, the applicant has proposed to create
some wetlands. This proposal would involve the removal of earthen material to
wetland elevations, followed by the planting of wetland species of vegetation.
The applicant proposed mitigating approximately 3,000 square feet of land.
However, a portion of the mitigation site includes area previously designated
as wetlands. As a result, approximately 1,000 square feet of new wetlands
will be created, with the remainder probably an upgrade of wetland values
within existing wetlands. The purpose of the work is to create suitable
building sites in wetlands. Plans showing the work are included with this
public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
r
?r
'low

-2-
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.;
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina'Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned)
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North)
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Laced
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA permit will be issued
until a State coordinated viewpoint is received and reviewed by this agency.!
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,',
with a copy furnished to the U.S Army Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

-3-
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The U.S Army Corps of Engineers is soliciting comments from the public;
Federal, State and local agencies and officials; Indian Tribes and other
interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the U.S Army
Corps of Engineers to determine whether to issue, modify, condition or deny a
permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy
Act. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
i .I '

-4-
Generally, the decision whether to issue this DA permit will not be made
until the North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serves as application to the DEM for
certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, DEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after June 27, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the DEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before June 23,
1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 8, 1992, or telephone [phone].
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 9, 1992
Regulatory Branch
Action ID. 199202029
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
S: August 5, 1992
?._..
D C R?' ? 0 d re,
JUN 17 10
Enclosed is the application of Mr. Marc Hoffman, agent for Ms. Agnes
Woodruff, for Department of the Army authorization and a State Water Quality
Certification to place 1,900 square feet of fill material in wetlands adjacent
to Burnt Mill Creek, off of 21st Street in Wilmington, New Hanover County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering 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.
District Engineer will deem that waiver has occurred.
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 August 5, 1992, the
Questions or comments may be addressed to Mr. .;eff Richter, telephone
[phone].
Sincerely,

G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

Please aype or print. Carefully describe all an- d. Describe the planned use of the project.
#'lv. i 1.. L C ? Ptnco
ti4ated development activities, including construc- .?
tion, excavation, filling, paving, land clearing, anddE1?E
stormwater control. If the requested information EC - not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed forMAYr-4 LAND AND WATER - ?•-; r? :.
- -
all projects. ncr_f? BftGHARACTFRISTICS ''y ?. u,•
oRy. 1.?APPLICANZ' a. Size of entire tract 40 7oa g ?'
b. Size of individual lot(s) _? T ?d T
a. Name c. Elevation of tract above mean' sea level or Na-
Address tional Geodetic Vertical Datum to 4'-1 ava=W
City W?`???G...?- State ?? C d. Soil type(s) and texture(s) of tract
Zip ?B'f o 3 Day phone 419-76-- 393 1
Landowner or ?Authorized agent e. Vegetation on tract ?i1? A
b. Project name (if any) l si 2 \ol• \`( y.
c. If the applicant is not the landowner, also give
the owner's name and ad
I A4 v?e s I,Joa? ,z
0 5
W i N, C. BNo6
2 LOCATION OF PROPOSED
PROJECT
a. Street addres or secondary road number
b. Ci townt communiry, or landmark P14za Dr.
? 11MIN?'fR•N N,C.
c. County PW
d. Is proposed work within city limits or planning
jurisdiction? ?_T ?S
e. Name of bYody,Qf wain nearest project
3 DESCRIPTION AND PLANNED,
::.._ USE OF PROPOSED PROJECT ,
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pi r). `
?v ,?C`??n? 4 ?10v,?Q
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? L1 14
c. Will the project be for community, private, or
commercial use' (
? ??a,rc?a?le Y1 ?siha

f. Man-made features now on tract nl,,y% --
g. What is the CAMA Land Use Plan Classifica-
tion of the sitq? (Consult the local and use
plan.) . N\ of ??n ?ter gc?ic 'Cm
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R¢0, ?d ,nA' R - \o
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? Zas
If so, by whom? L ah d 64 +,
S Fevc M o•.ri soon _
5 UPLAND DEVELOPMEN'D
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed 1-1 s\-Gle -Qa?(lu
b. Number of lots or parcels ?+-
c. Density (Give the number of residential units
and the units per acre. 1 u k o ev1 6 Ooo gS ??
d. Size f_o lea to be graded or disturbed k 8CO T
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 th% materials, such as Mari, paver stone, b. Amount of material to be excavated from
l in cubic yards
l
asphalt, or con e. to le used for paved
. eve
below water
Type of material 10 4
c
, C r
surfaces. ,, .
Does the area to be excavated include marsh-
d
h. If applicable, has a stormwater management
bmitted to the Division of En-
b .
land, swamps, or other wetlands?
1rd?
e. High ground excavation, in cubic ya
een su
plan
"ronmentai Management? N A 1
f. Dimensions of spoil disposal area
i
i. Describe proposed sewage duposal?ankor waste sposal area -
g. Location of spoil d
C , Ewevwater treatment f cilicies. --
R t4 aN-?
r
Do you claim title to the disposal area? A_
h
F
aY%A w 4S W A T .
Have these facilit, received state or local if not, attach a letter granting permission from
i approval? 2 g
t faciliti the owner.
i. Will a disposal area be available for future
k. Describe ex ting eatmen
a eY- e A maintenance? / N.A
o?
C
*
, If so, where? A/ /
I
q
1Q
. j. Does the disposal area include any marshland,
1. Describe location and rfp? of discharges to
waters of the state (for example;, surface runoff, swampland.'or water areas? Alm
k. Will the fill material be place Clow mean
sanitary wastewater, industriailcommerciai
e
" high water?
Amount of fill in cubic yar
I
). n6`n
effluent, or "wash down .
M. Type of fill material A/
n. Source of fill material
Will fill material be placed on marsh or ocher
o
m. Water supply source
n. If the project is oceanfront deveiopment, .
wetlands? _-T ?//d
Dimensions of the wetiand to be filled - 1a
-?
describe the steps that will be taken to main- p.
How w?il excavated or fill material be kept on
tarn established public beach accessways or pro- q.
controlled?
d
vide new access. M I p? erosion
site an
If the project is on the oceanfront, what will
o r. What type of construction equipment will be
.
be the elevation above mean sea level of the used (for example. dragiine. backhoe, or
first habitable floor? tV ?A hydraulic dredge)?
6 EXCAVATION AND FILL- s. Will wetlands be crossed in transporting equip-
INFORMATION ment to the project site? If yes. explain
the steps that will be taken t9 lessen en-
a. Describe below the purpose of proposed excava- vironmentai impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
7 SHORELINE STABILIZATION
Boat basin a. Length of bulkhead or nprap
b. Average distance waterward of mean high water
Other (break- or normal water level /1119
water, pier, *ceding 12 months,
c. Shoreline erosion du
boat tamp, =
in feet
rock jetty) d. Type of bulkhead material
be placed
e. Amount of fill, in cubic yard
Fill placed in s
below mean high water
wetiand or below 50 38 f. Type of fill material _
MHW
Upland fill
areas 2
.$=ADbITIONAMNEORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
ocher 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 ?i x 11 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
Address
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
r?oaQ -
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).
9 CERTIFICATION AND PSUM
SION TO ENTER ON LAND-`--1--
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-
phcacion and follow-up monitoring of project.
This is the _29 day of-
19 ?2 . /
X
Landowner or Auchorqzid agent
Send the completed application materials to the
Division of Coastal Management C}ffice 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.
3
?s
OVERVIEW & PROPOSAL
The neighborhood in which the project site is located is
lower middle class. Price range of existing homes is between
40 and 60 thousand dollars. Square footage range is between
850 to 1300 sq. ft. The project homes to be constructed will
be between 900 to 1100 sq. ft. The project goal is to offer
affordable housing to the community. The builder proposes to
fill and place a concrete foundation in the existing wetland
-area (see diagram). This will be approximately 1800 to 2000
sq. ft. The builder will then mitigate approximately 3000 sq.
ft. to be designated as new wetlands. This area will be
lowered to the existing wetlands grade and replanted with
wetland plant species.
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WE}LUDS y S°CAW
4*41 tate of North Carolina
D artment of Environment, Health, and Natural Resour
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary August 28, 1992 Director
Colonel Walter Tulloch
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
REFERENCE: Action 1D 199202029
Fill Wetlands Adjacent to Burnt Mill Creek for Residential Construction
Dear Colonel Tulloch:
The State of North Carolina has completed its review for consistency with the North Carolina
Coastal Management Program, pursuant to 15 CFR 930, of Corps Public Notice number Action 1D-
199202029 regarding an application by Mr. Marc Hoffman, for a Department of the Army permit to place j
fill material in 1900 square feet of wetlands adjacent to Burnt Mill Creek, Wilmington, North Carolina, to E
facilitate residential construction on the property.
Our review has indicated that the proposed project does not violate any mandatory and
enforceable provisions of the North Carolina Coastal Management Program, and we agree with the
applicant's certification that the proposed activity is consistent with the North Carolina Coastal
Management Program provided that:
1. A 401 Water Quality Certification is issued for the project by the North Carolina Division of
Environmental Management.
2. A Sedimentation and Erosion Control Plan, if required, is filed with the Division of Land
Quality within 30 days prior to the onset of work.
During the course of our review we did receive comment from the North Carolina Wildlife
Resources Commission pertaining to the proposed mitigation plan. The current plan calls for mitigation
of the loss of the 1l(X) square feet of wetlands by reducing the elevation of 3000 square feet and the
planting of wetland species. The Wildlife Resources Commission considers this proposal to be inadequate
since some of the mitigation area is already designated wetlands. The Wildlife Resources Commission
is recommending a minimum 2:1 replacement in this project, involving at least 3800 square feet of area
which is t+ot designated as wetlands.
f'.U_ Rex 27657, kalciph, N'urh Carolina 27611 7oB7 Telephone [phone]

Should you have any questions about our finding, conditions, or comments, please contact Steve
Benton or Caroline Bellis, Division of Coastal Management, at [phone].
Sincerely,
11-2 152 1--?2 .
A0 f Roger N. Schecter
cc: Bob Stroud, Division of Coastal Management, Wilmington Office
John Dorney, Division of Environmental Management, Raleigh
Charles Fullwood, NC Wildlife Resources Commission, Raleigh
Dan Sams, Division of Land Resources, Wilmington Office
RF