HomeMy WebLinkAbout19920349 Ver 1_COMPLETE FILE_19920729
A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 3, 1993
Regulatory Branch
Action ID. 199202809 and State Permit No. 5-93
Mr. Wayne A. Bullard
25 Partridge Road
Wilmington, North Carolina 28412
Dear Bullard:
Reference your application for a Department of the Army permit to
construct and backfill a bulkhead on Lee's Cut, Wrightsville Beach, New
Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
(, 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
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
fi(4
ddddddddd
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
July 29, 1992
Mr. Wayne A. Bullard
25 Partridge Road
Wilmington, N.C. 28412
Dear Mr. Bullard:
A. Preston Howard, Jr., P.E.
Acting Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed bulkhead construction
Project #92349, COE # 199202809
New HAnover County
Attached hereto is a copy of Certification No. 2762 issued
to Mr. Wayne Bullard dated July 29, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
A. Preston Howard, Jr. P.E.
Ac ing Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional 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 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigli, North Carolina 27626-0535 Telephone 919-733-7015
An Fqual Opportunity Affirmative Action Employer
t 0
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 Mr. Wayne Bullard in response to an application filed on the
17th day of July, 1992 to construct a bulkhead to connect two
existing bulkhead wingwalls on either side.
The Application provides adequate assurance that the
discharge of fill material into the waters of Lee's Cut
in conjunction with the proposed bulkhead 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 fill material shall come from a clean upland
source, free from toxic material.
3. The fill area shall be stabilized with vegetation
as soon as possible to prevent erosion. In
addition silt fences and other erosion control
devices shall be in place prior to filling.
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
?reston oward, J . P . E .
Acting Director
WQC# 2762 ?/
n M Sq)F u?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 2, 1992
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT: CAM/Dredge & Fill Application Review
Applicant: Wayne A. Bullard
Roger N. Schecter
Director
Wilmington I? . Tonal Off"
Project Location: 50 Pelican Drive, adjacent to Lee's Cut on the Harbor Island
section of Wrightsville Beach
Proposed Project: Applicant proposes a bulkhead for the purpose of stabilizing his
shore line and recovering some of his property lost to erosion.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by July 24, 1991. If you have any questions regarding the proposed
project, please contact at extension When appropriate, in-depth comments with
supporting data are requested.
REPLY This agency has no objection to the project as proposed.
/ This agency has no comment on the proposed project.
t/ This agency approves of the project, only if the recanmiended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date -7Ea
l TJ
127ardina1 I)rivc 1_xten,ion • WiIm11gto m , North (?aroI i i m ?8405 38.1 • 1CIcphomc (019) 39i 39(x) • fax (919) 350-2( X)4
An I.qual ( )pIx)rtunity Alhrmanvu Action I mplovcr
To, , .,,Jphn Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
PROJECT NAME: Wayne A. Bullard
COUNTY: New Hanover Project #: 92349
STREAM OR ADJACENT WATER BODY: Lee's Cut
CLASS: SB
OPEN OR CLOSED: Closed
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct a 60'
bulkhead approximately 12' waterward of MHW and connect to the
two existing bulkhead win alls on either side. The bulkhead
would be approximately 28' ndward of the bulkhead on the east
side and 9'6" landward--of bulkhead on the west side.
REVIEWER: Gregson'j?',OINT NOTICE: Yes
g9 /
WETLANDS ? GROUP
SEWAGE DISPOSAL „,,-AAT[R QUALIL--TY SECT110N
TYPE OF DISPOSAL PROPOSED: N/A
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY: N/A
(DEM, DHS, COUNTY)
DATE APP. RECD: 0 RECOMMENDATION: Issue
RETURNED: (ISSUE/DENY/OTHER)
RESUBMITTED:
INITIAL REPORT RR R
FINAL REPORT: 92/07/13 LS ?
7!N`;?
WATER QUALITY CERT. (401)
CERT. REQ' D : Yes 1 61992
IF YES, TYPE: Individual D
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL: WATER: N/A
WETLAND: 720 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 ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A
MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A
CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
92349.Jul
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
1. That fill material be from a clean upland source, free from
toxic material.
2. That the fill area be stabilized with vegetation as soon as
possible to prevent erosion.
3. That silt fences and other erosion controls be in place
prior to filling.
4. That the project be done in such a manner so as to not cause
turbidity outside the immediate construction area to exceed
25 NTU.
JHG:92304.Jul
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recc mended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT': C WDredge & Fill Application Review
Applicant: Wayne A. Bullard
Roger N. Schecter
Director
Project Location: 50 Pelican Drive, adjacent to Lee's Cut on the Harbor Island
section of Wrightsville Beach
Proposed Project: Applicant proposes a bulkhead for the purpose of stabilizing his
shore line and recovering some of his property lost to erosion.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by July 24, 1991. If you have any questions regarding the proposed
project, please contact at extension When appropriate, in-depth comments with
supporting data are requested.
REPLY
Signed
July 2, 1992
Date
127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone (919) 395-39(X) • Fax (919) 3502(X)4
An Equal Oprxxtunity Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Wayne A. Bullard
2. Location of project site 50 Pelican Drive, adjacent to Lee's Cut on the Harbor
Island section of Wrightsville Beach in New Hanover County.
PHOTO INDX: 1989: 4-175-25 Grid 16-I 1984: 19-286 Grid 19-T
STATE PLANE COORDINATES: X: 2362400 Y: 172150
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 02\10\92 06\25\92
(B) Was applicant present agent _ no
5. Processing procedure: Application received 06\25\92 Office WiRO
6.
7.
Site description:
(B) AEC(s) involved:
(C) Water dependent:
(D) Intended use:
Yes No X Other
Public Private X Commercial
(E) Type of waste water treatment: Existing None
Planned None
(F) Type of structures: Existing None
Planned Bulkhead
(G) Estimated annual rate of erosion 0-1' Source Aerial Photography
Habitat description:
(A) Vegetated wetlands:
Spartina alterniflora
(B) Non-vegetated wetlands:
(C) Other:
(D) Total Area Disturbed:
(E) PRIMARY NURSERY AREA:
AREA
Dredged Filled Other
-720 sg. ft.`
YES X NO
(F) WATER CLASSIFICATION: SB OPEN: YES NO X
8. Project Summary Aplicant proposes a bulkhead for the purpose of stabilizing his
shoreline and recovering some of his property lost to erosion.
(A) Local Land Use Plan Wrightsville Beach
Land Classification from LUP Developed-Residential
Ocean Hazard
Coastal Wetlands X
Estuarine Waters X
Estuarine Shoreline
Public Trust Waters X
Other
720 s . ft.
•
9. PROTECT DESCRIPTION
The applicant's property lies adjacent to a body of water known as Lee's
Cut. It is one of only three vacant lots left along Pelican Drive in what is
a built out residential community. This lot is approximately 60' x 1461,
averaging 4' in elevation. The site is 50 Pelican Drive on the Harbor Island
section of Wrightsville Beach.
The waters of Lee's Cut are classified SB by the Division of Environmental
Management. The area is designated Secondary Nursery by the Division of Marine
Fisheries (ask Fritz) and is closed to the taking of shellfish. The
Wrightsville Beach Land Use Plan classifies the area as Developed-Residential.
The entire shoreline along Pelican Drive is stabilized with bulkheads, with
the exception of the applicant's property. The applicant has been losing his
property, due in part to the shoreline hardening surrounding his lot. According
to the applicant, he has lost 51in the past year. Aerial photography between
1984 and 1989 shows a five year loss of much less if any.
The applicant obtained an alignment for his proposed bulkhead under the
General Permit conditions. However, due to the coastal marsh that has moved
into the area, the alignment was not to his satisfaction.
This lot is vegetated in high ground vegetation, and has a sudden 21-31 drop
at the shorelone. This area has been exposed to high tidal action because of
the bulkheads along either side. Consequently, a washout has occured forming
an appealing protected area for boaters to launch and tie their boats. Spartina
alterniflora has attempted to move into this basin area, with limited success.
Along the sides, the marshgrass is healthy. However, the middle portion of the
lot for about 30' has not supported the species as well. This area is very
stressed and regularly exposed to foot and boat traffic.
The proposed bulkhead would run for the length of the property - 601. It
would begin at mid-point along the wingwall of the bulkhead to the west, and run
to the landward end of the wingwall to the east. The applicant originally
wanted to run the structure between the two bulkheads, joining their outer
walls.
As proposed, the bulkhead would average 16' from the escarpment, or
approximately 12' from mean high water. It would incorporate approximately 720
square feet of Spartina alterniflora marsh, about half of which is healthy and
the remainder very stressed.
The applicant anticipates placing approximately 123 cubic yards of high
ground fill material behind the structure.
10. ANTICIPATED IMPACTS
The bulkhead as proposed would cause to be filled approximately 360 square
feet of healthy Spartina alterniflora marsh, and the same of much less healthy,
stressed Spartina alterniflora marsh. The project would incorporate
approximately 720 square feet of public trust waters which lie in a basin area
between the two adjacent bulkhead walls.
Submitted by: Tere Barrett Date: June 30, 1992 Office: Wilmington
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 14 and 8-9
must be completed for all projects.
1 APPLICANT r
a. Name Hl?i ?T1sa_LL J
Address
.
City /GI n State
ZiP. Day phone 15;Vl? W3 L156s
Landowner or Authorized agent
b. Project name (if any) 1Y1,4
c. If the applicant is not the landowner, also give the
owner's n e and address.
r' /0,'J It,/.
2 LOCATION OF PROPOSED
PROJECT
a. Street add-gs or secoridary road number
So / / "c'q '' r rG f / o
b. C'ty, town, commu 'ty, or dmar
c. County?P?/ ?r---
d. Is proposed work within city limits or planning
jurisdiction? yo:
e. Name of body of water Barest project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, bu' din ome, m tel m ' a, bulkhead,
or pier). 2
G
afxQ l?#? d a marina, also complete and
AS'TACL MU
C' Ts the proposed activity maintenance of an
existing project, ne work, or both?
;AJ ryor-k
c. Will the project be for community, private, or
commgcial u_ 7Se=9
d. Describe a pl ed use of th pro'ect.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Len ?X /yz 2
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and,texture(s) of tract
cri
e. Vegetation on tract l? _
f. Man-made features now on tract _ 704('_
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
C nservation Transitional
Developed Community
Rural Other
h. How is the tract ne by local government?
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? i_ If so, by whom?
12/89
5 UPLAND DEVELOPMENT IW
Complete this section if the project includes any land
development.
JUN
[)J ttL?=4 P-
a. Type and number of buildin , facilities, or ?T
structures proposed_,n/(, C0ASXz6 strpplSrsource A11,4
n.
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)--W/-4 -4 I- I
d. Size of are to be gzaded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and 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/.4
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.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
noh?
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NI .
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing trtment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industri commercial effluent, "wash
down"). /Y
If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
Al /
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habi-ablP
floor?_Al,/4
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
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
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
T
d. Does the area to be excavated include marshland,
swamps, ,pr other wetlands?
e. High groun excavation, in cubic yards
2
f. Dimensions ooff sspo?il disposal area c.
'.I
g. Location of spoil disposal area ---'?(1
h. Do you claim title to the disposal area?
If not, attach a letter granting permission h-x m the
owner.
F
i. Will a disposal area be available for future
maintenance? A
If so, where? A.
j. Does the disposal area include any marshland,
swamps, or water areas?
-Al 1,4-
k. Will the fill material be placed below mean high
water? -di
1. Amount of fill in cubic yards
m. Type of fill material Al 44
n. Source of fill material ?!7
o. Will fill material be placed on marsh or other
wetlands? A/ /A
P. Dimensions of the wetland to be filled
N /,4-
V '
q. How will excavated or fill material be kept on site
and erosion controlled?
A/ /
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site?*4If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap.
b. Average distance waterw d of ean 'gh water?or
normal waterlevel
d.
Shoreline ero on during preceding 12 months, in
feet S
Type of bulkhead material G?ococ?
e. Amount of fill, in cubic yards to be placed below
mean high water 1 G y
i
f. Type of fill material
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.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 20
prints or other larger plats are acceptable only if 0 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding 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 personnel 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 co esses of the
adjacent r"f£ el ers. These
individuals, ¢ qs''m w mit comments
on the pro' roject to the Divis of Coastal
Managers sh dU a0Zed by the applicant of
that opportunity. N77
ro,17,r^^*1 f't
;.9Y
1289
Name u
Address s Lot ll)
Name
Address L o q
Name
Address
A list of previous si:&l o or federal permits issued for
work on the project tract. lr.,?lude permit numbers,
permittee, and issuing dates.
250 J' 11". E. H- N. R.
A check for $20 made payable to the Department of
Environment , Health & 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).
01 •? ?a?
P - to_*rran ?t, okea'
3-f 'IG/q / ^» deed
.01
- cec_ k TOY 9X100
cifo/v/Ptn_f -la., -'e e_
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 mariner 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 3 ?/
day of L.?h e_ 19C1c?
X
Lando or Authorized ?agent
, 7" r' C-'
4
23 1y?'L
b IS{O?d.OF.
db? 441,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 8, 1992
Regulatory Branch
Action ID. 199202809
Mr. John Dorney 31992
Water Quality Section J
Division of Environmental Management -
North Carolina Department of Environment, WETIANDSGROu"
Health and Natural Resources WATER UALITY SEC1i?`!,_
Post Office Box 27687 ..
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Mr. Wayne A. Bullard for Department of the
Army authorization and a State Water Quality Certification to construct and
backfill a bulkhead on Lee's Cut, Wrightsville Beach, 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.
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 September 8, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
y e Wri
Chief, Regulatory Branch
Enclosure
w
k
-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
SUSPENSE
`^ r
,yo Y-
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
bon, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
Li V, I
rrJ
guy ?•?' ?
ifyQU p1 d a marina, also complete and
AL%N11
C? is the proposed activity maintenance of an
existing project, ne%y work, or both?
I APPLICANT r
a. Name
Address
City b 1,41/, in /4J -? State Al C-
Zipz? K41 Day, phone W3 1-154K SS
Landowner or _ X Authorized agent
b. Project name (if any) 1111.4
c. If the applicant is not a landowner, also give the
owner's n e and add ess.
r Loh GtJ.
2 LOCATION OF PROPOSED
PROJECT
a. Street adcfrres or secondary road number
50 1?'c?h ,fir /'Lot /o ?
b. C'ty, town comet 'ty, or dma
Ale
c. County- A&/'I61/ep-
d. Is proposed work within city limits or planning
jurisdiction? u57 S
y of w terpearest project
e. N ; d
n5 r I.-q-
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, bu' din ome, m te1 m a, bulkhead,
or pier). e
h
r ° 6VL-D
c. Will the project be for community, private, or
commgcial 9
4Q2n1
d. Describe a pl ed use of th project.
G O n ?
r
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract -?60`2,c
b. Size of individual lot(s) __,!?o .11 X Zy . 2-
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4'
d. Soil type(s) and,texture(s) of tract
Cf/ H ?J/
e. Vegetation on tract !eLe y A #Aa-
f. Man-made features now on tract
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
veloped Community
Rural Other
h. How is 4 Tact ne4 by local government?
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? 2W If so, by whom?
12/89
5, UPLAND DEVELOPMENT I??t
JU"t
pment. ^I ^1 DI "T
a. Type and number of buildin , facilities, or " ^' r
Structuresproposed_4/ COAS •L strpPl? stet ce lV
n. If the project is oceanfront development, describe
L _
Complete this section if the project includes any land
develo
d. Size of are to be ,faded or disturbed
CJ90r- ne 1 q? . X 6 p
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?
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.
r?to *? e
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? .1 ,
L Describe proposed sewage disposal and/or waste
water treat men t facilities.
r
j. Have these facilities received state or local approval?
I?
k. Describe existing ent facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industricommercial effluent, "wash
down").
we ,peps Mat will oe taken to maintain established
b. Number of lots or parcels/ public beach accessways or provide new access.
c. Density (Give the number of residential units and the Al 1
units per acre..)/A,
6 EXCAVATION AND FILL
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitaclf
floor?-A//-4.
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
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
Length Width Depth
60
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material ??
d. Does the area to be excavated include marshland,
swamps r other wetlands?
e. High group excavation, in cubic yards
f. Dimensions of s it disposal area
•
g. Location of spoil disposal area _?(1
h. Do you claim title to the disposal area?. AIZ?4_
If not, attach a letter granting permission fr&m the
owner.
r
i. Will a disposal area be available for future
maintenance?
If so, where? A
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? A(/A-
1. Amount of fill in cubic yards AV/
m. Type of fill material N 1_4
n. Source of fill material _A11,4-
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
N
q. How will excavated or fill material be kept on site
and erosion controlled?
A4 /
T. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?-
s. Will wetlands be crossed in transporting equipment
to project site??If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 6
b. Average distance waterw of r ean 'gh water?or
normal water level
a? Gies
c. Shoreline e Oon during preceding 12 months, in
feet ?
d. Type of bulkhead material &-JO
e. Amount of fill, in cubic yards to be placed below
mean high water /? . ? G y
f. Type of fill material
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 cant' out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 2D
prints or other larger plats are acceptable only if ilk high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding 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 personnel 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 co esses of the
adjacent ers. These
individuals g w it comments
on the pro roject to the Divis of Coastal
Manageme s?FldU a0led by the applicant of
that opportunity.
y,?1
c"t
Name U
Address t I t)
r ,
Name
Address
r ?
Name T
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
250 D.E.H. N. R.
A check for $%W made payable to the Department of
Environment , Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
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.
Ar"I
This is the
day of yL4ti e_
X
Lando or Authorized agent
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).
?GtGlr1 f? °s??
d •h Cad
l ran ?4, deea'
3 - p4 l'ic-
- c ec k _Jpo.-' a5-0,0c)
GtIOP/??Gaj ion `Fee
,ItJV 23 1y?'L
vIslot. Q
,OW
00
?ewswt°
V RECEIVED
FJUL 61992
State of North Carolina REGULATORY BRANCR
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
July 1, 1992
Wayne A. Bullard
25 Partridge Road
Wilmington, NC 28412
Dear Mr. Bullard:
The Division .of Coastal Management hereby acknowledges receipt of
your application for state approval for a bulkhead for the purpose of
stabilizing his shoreline and recovering some of his property lost to
erosion. It was received complete on June 25, 1992, and appears to be
adequate for processing at this time. The projected deadline for making
a decision is September 8, 1992. An additional 75-day review period is
provided by law when.such time is necessary to complete the review. If
you have not been notified of a final action by the initial deadline
stated above, you should consider the review period extended. Under those
circumstances, this letter will also serve as your notice of an extended
review. However, an additional letter will be provided on or about the
75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at
the location of the proposed development. Enclosed you will find a
"Notice of Permit Filing" postcard which must be posted at the site of
your proposed project. You should post this card at a conspicuous point
along your property where it can be observed from a public road. Some
examples would be: nailing the notice card to a telephone pole or tree
along the road right-of-way fronting your property, or at a point along
the road right-of-way where a private road would lead one into your
property. Failure to post this Notice could result in an incomplete
application.
A field report has been prepared and is in the process of being
circulated to the various state and federal review agencies for their
comments. If additional information is required based on this review, the
agencies may contact you directly.
127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone (919) 395-3900 • Fax (919) 350-2004
An Equal Opportunity Affirmative Action Employer
Please contact me if you have any questions and notify me in writing
If you wish to receive a copy of my field report and/or comments from
reviewing agencies.
sincerely,
'i '
Tere Barrett
Coastal Field Representative
TB/ejm
cc: Jim Herstine, DCM
Preston Pate, DCM
Jeff Richter, COE
Bill Manley, LPO
. w
w
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
July 8, 1992
Regulatory Branch
Action ID. 199202809
Mr. Wayne A. Bullard lc
25 Partridge Road
Wilmington, North Carolina 28412
WETLANDS GROUP
Dear Bullard:
Reference your application for Department of the Army (DA) authorization
to construct and backfill a bulkhead on Lee's Cut, Wrightsville Beach, New
Hanover County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by August 10, 1992. Also, a copy
I-
-2-
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Jeff Richter,
Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
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
r. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
-&a as
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
^?? WILMINGTON, NORTH CAROLINA 28402-1890
??••? IN REPLY REFER TO July 8, 1992
Regulatory Branch n
U
Action ID. 199202809
Mr. Wayne A. Bullard
25 Partridge Road
Wilmington, North Carolina 28412
Dear Bullard:
[V?
WATFR LANDS Gfi,
LITY
on February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received July 6, 1992, for Department of the
Army authorization to construct and backfill a bulkhead on Lee's Cut,
Wrightsville Beach, New Hanover County, North Carolina, indicates it to be a
candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199202809
and will be coordinated by Mr. Jeff Richter, Wilmington Field Office,
Regulatory Branch. He is available at telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chlbf, 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
r. John Dorney
/--later Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension '
Wilmington, North Carolina 28405-3845
•o DIVISION OF COASTAL MANAGEMENT j
FIELD INVESTIGATION REPORT -=-
i z (1 1992
1. Applicant's name Wayne A. Bullard
2. Location of project site 50 Pelican Drive adjacent to e's S P rbo^
PHOTO INDX: 1989: 4-175-25 Grid 16-I 1984: 19-286 Grid 19-T
STATE PLANE COORDINATES: X: 2362400 Y: 172150
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 02\10\92 06\25\92
(B) Was applicant present agent no
5. Processing procedure: Application received 06\25\92 Office WiRO
6. Site description: (A) Local Land Use Plan Wrightsville Beach
Land Classification from LUP Developed-Residential-
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands X Public Trust Waters X
Estuarine Waters X Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing None
Planned None
(F) Type of structures: Existing None
Planned Bulkhead
(G) Estimated annual rate of erosion 0-1' Source Aerial Photography
7. Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
Spartina alterniflora 720 sa. ft.
(B) Non-vegetated wetlands:
(C) Other:
(D) Total Area Disturbed: J720 sg. ft.
(E) PRIMARY NURSERY AREA: YES X NO
(F) WATER CLASSIFICATION: SB OPEN: YES NO X
8. Project Summary Aplicant proposes bulkhead for the purpose of stabilizing hi
i. -A tr
9.
PROJECT DESCRIPTION
The applicant's property lies adjacent to a body of water known as Lee's
Cut. It is one of only three vacant lots left along Pelican Drive in what is
a built out residential community. This lot is approximately 60' x 1461,
averaging 4' in elevation. The site is 50 Pelican Drive on the Harbor Island
section of Wrightsville Beach.
The waters of Lee's Cut are classified SB by the Division of Environmental
Management. The area is designated Secondary Nursery by the Division of Marine
Fisheries (ask Fritz) and is closed to the taking of shellfish. The
Wrightsville Beach Land Use Plan classifies the area as Developed-Residential.
The entire shoreline along Pelican Drive is stabilized with bulkheads, with
the exception of the applicant's property. The applicant has been losing his
property, due in part to the shoreline hardening surrounding his lot. According
to the applicant, he has lost 51in the past year. Aerial photography between
1984 and 1989 shows a five year loss of much less if any.
The applicant obtained an alignment for his proposed bulkhead under the
General Permit conditions. However, due to the coastal marsh that has moved
into the area, the alignment was not to his satisfaction.
This lot is vegetated in high ground vegetation, and has a sudden 21-31 drop
at the shorelone. This area has been exposed to high tidal action because of
the bulkheads along either side. Consequently, a washout has occured forming
an appealing protected area for boaters to launch and tie their boats. Spartina
alterniflora has attempted to move into this basin area, with limited success.
Along the sides, the marshgrass is healthy. However, the middle portion of the
lot for about 30' has not supported the species as well. This area is very
stressed and regularly exposed to foot and boat traffic.
The proposed bulkhead would run for the length of the property - 601. It
would begin at mid-point along the wingwall of the bulkhead to the west, and run
to the landward end of the wingwall to the east. The applicant originally
wanted to run the structure between the two bulkheads, joining their outer
walls.
As proposed, the bulkhead would average 16' from the escarpment, or
approximately 12' from mean high water. It would incorporate approximately 720
square feet of Spartina alterniflora marsh, about half of which is healthy and
the remainder very stressed.
The applicant anticipates placing approximately 123 cubic yards of high
ground fill material behind the structure.
10. ANTICIPATED IMPACTS
The bulkhead as proposed would cause to be filled approximately 360 square
feet of healthy Spartina alterniflora marsh, and the same of much less healthy,
stressed Spartina alterniflora marsh. The project would incorporate
approximately 720 square feet of public trust waters which lie in a basin area
between the two adjacent bulkhead walls.
Submitted by: Tere Barrett Date: June 30, 1992 Office: Wilmington
.
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 14 and 8-9
must be completed for all projects.
1 APPLICANT r
a. Name -fme C
Address
City " - State A/ C_
Zip Day phone e7/9 ?K3 6-S
Landowner or Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's n e and address.
r ?a.?G GtJ.
2 LOCATION OF PROPOSED
PROJECT
a. Street addrees or secondary road number
b. C'ty, town, commu 'ty, or dmar
C. CountyT?p ?K?xyCt-
d. Is proposed work within city limits or planning
jurisdiction? S
e. Name of body of water earest project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Describe all development activities you propose (for
example, bu' ding ome, m tel m a, bulkhead,
or pier).
tea(
G P ?
afx???d a marina, also complete and
tt?
Is the proposed activity maintenance of an
existing project, ne work, or both?
c. Will the project be for community, private, or
commercial 9
/)L/ (f1A
d. Describe a pl ed use of th pro 'ect.
r_ /0n
r
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ey"O X /yZ./J2/
b. Size of individual lot(s) _ Q X 1`7 6 .24
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
y'
d. Soil type(s) and exture(s) of tract
ra
e. Vegetation on tract
f. Man-made features now on tract nai1°_
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
nervation Transitional
_-`Developed Community
Rural Other
h. How is the ct honed by local government?
rZ?_.5 L_JCCX,? I
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? nK) If so, by whom?
12/89
I ? (g 7, '-'?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
d 1
JUN
eve opment. CIVt ' r'r
a. Type and number of buildin facilities, or 'T
structures proposed _ N/, COAS??-PP1Sysou?ce lV?i4-
n.
b. Number of lots or parcels/A
c. Density (Give the number of residential units and the
units per acre.)
7
d. Size of are to be gzaded or disturbed
e--eo let- (I C)
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?
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.
hnh?-
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
I? oil ° -
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management??
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industri commercial effluent, "wash
down" ).
If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habi«clP
floor? A ,Q
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLWi) or QT WL)
Boat basin
Other (break=
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material LZA
d. Does the area to be excavated include marshland,
swamps ,prother wetlands?
e. High group excavation, in cubic yards
2
M,,,
f. Dimensions of spoil disposal area
g. Location of spoil disposal area _ A41
IV I
h. Do you claim title to the disposal area? Al 1,4=
If not, attach a letter granting permission m the
owner.
T,
i. Will a disposal area be available for future
maintenance? n/A4-
If so, where? A/ /i2_'
j. Does the disposal area include any marshland,
swamps, or water.areas?
k. Will the fill material be placed below mean high
water? A( %4-
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material Al
o. Will fill material be placed on marsh or other
wetlands?_ Al /Q
p. Dimensions of the wetland to be filled
N
q. How will excavated or fill material be kept on site
and erosion controlled?
A/ 1A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?_ -AI-IA-
T
s. Will wetlands be crossed in transporting equipment
to project site?"If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap /f/)
b. Average distance waterw d of can 'gh water,or
normal waterlevel
c. Shoreline ero on during preceding 12 months, in
feet_ S
d. Type of bulkhead material GJoc?
e. Amount of fill, in cubic yards, to be placed below
mean high water 1? . S G Y
f. Type of fill material 121__11.22 I'
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.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line z0
prints or other larger plats are acceptable only if 9 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding 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 personnel 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 co esses of the
adjacent rfmfif ers. These
individuals', ve'J OZiyeinw mit comments
on the pro st'ti roject to the Divis of Coastal
Manageme s?nuldA a 76ed by the applicant of
that opportunity.
1289
? orb
Name u
Address ?t Itl
Name
Address - `? f Q .1 L
Name T
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
250 T t7..E.H. N. R.
A check for $09 made payable to the Department of
Environment , Health & 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).
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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 y _ N h e_- 19?c
X
Lando or Authorized agent
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w IN REPLY REFER TO
Regulatory Branch
Action ID. 199202809
DEPARTMENT OF THE ARMY
ILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 27, 1992
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
Dear Mr. Parker:
FF? 0
Reference the application of Mr. Wayne A. Bullard for a Department of the
Army permit to construct and backfill a bulkhead on Lee's Cut, Wrightsville
Beach, New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The bulkhead will be positioned in strict accordance with permit
plans. To prevent an unintentional violation of this authorization,
representatives of the North Carolina Division of Coastal Management and the
Corps of Engineers will be available to stake the alignment prior to
construction.
c. All backfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
d. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
e. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transfered to a third party.
-2-
f. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
. John Dorney
/elw?aaxter Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845