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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 ,.a r • ft -2- 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). /T f'G, , 9,45 ? - of v?,w ? ? ?a rton ?y deeL? 3-llc? lei ,in dee-d clec_k 9-15,0100 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 JU, b1VIS10 :. Co?tTAk M V. W I,r L? . 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