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Home My WebLink About19920438 Ver 1_COMPLETE FILE_199208181 - A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 8, 1992 Regulatory Branch Action ID No. 199203169 and State Permit No. 106-92 -__...-.- Mr. James D. Powell 407 Summer Rest Road T 19?_ Wilmington, North Carolina 28405 Dear Mr. Powell: Vd??i=i +A !'4,'I %IUN _4 Reference your application for a Department of the Army permit to construct a 590-foot-long pier on Wrightsville Sound, the Atlantic Intracoastal Waterway (AIWW), Wilmington, 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 + A Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. John Dorney Water Quality Section Division of Environmental Management rth Carolina Department of ?.! Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. 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 -2- 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. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 f H8d38 3-1-11ASIH-OlUM 0 0 .. O N? Srrvo'? 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I, L • F F ' i U o + i u 3 ? 2 CR I + LLJ a o .- o c ?¢m -= h N N H O ? U 1 N 2 V' ^/ V ) 5 L C > a o ?- W o CS E a ~ v U E q0• _ d1S d0? Q r ? Q 3 - - ?I?3?dNdW 1 A ?? T ? 9 ?uo`C 1"'?1 ? O Q WO ro W {.L W W -' Q FL N L. ,r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 12, 1992 Regulatory Branch Action ID. 199203169 Mr. James D. Powell 407 Summer Rest Road Wilmington, North Carolina 28405 Dear Mr. Powell: On February 11, 1991, we renewed general permit No. CESAW-CO80-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 August 6, 1992, for Department of the Army authorization to construct a 590-foot-long pier on Wrightsville Sound, the Atlantic Intracoastal Waterway (AIWW), Wilmington, 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 Rivers and Harbors Act, has been assigned Action ID No. 199203169 and will be coordinated by Mr. Jeff Richter. He is available at telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure a ' -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 John Dorney ter 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 "All, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 FN WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 2, 1992 Regulatory Branch Action ID. 199203169 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: ROT SFC?` Reference the application of Mr. James D. Powell for a Department of the Army permit to construct a 590-foot-long pier on Wrightsville Sound, the Atlantic Intracoastal Waterway (AIWW), Wilmington, 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 permittee's scheme of development, of which the authorized work is a part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. C. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United states in the public interest. 0 rE r - SEP :199? s -2- d. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. e. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. f. 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 transferred to a third party. g. Approval of the structure was based on determination that there would be no obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway (AIWW), a possibility exists that the structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW was justified. Issuance of this permit should not be construed as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash normally to be expected in the AIWW. 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 0 w -3- Copies Furnished: 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 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. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 7..2-y39 State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management James G. Martin, Governor William W. Cobey, Jr., Secretary MEMORANDUM August 5, 1992 TO: A. Preston Howard, Jr., P.E., Acting Director Division of Environmental Management FROM: John R. Parker, Jr., Chief Major Permits Processing Section. SUBJECT: CAMA/Dredge & Fill Application Review Applicant: James D. Powell Roger N. Schecter Director RFECEIVED AUG : ' 1(,, 1. 1 YVilminaton Rogional Office r.RA Project Location: Adjacent to Wrightsville Sound at Summer Rest Road, off Hwy 74 in Wilmington, New Hanover County. Proposed Project: Applicant proposes to construct a 590' pier connecting a 10' x 26' dock, for single family residential use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 26, 1992. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. 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. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed vy I! Date 1 127 Cardinal Drive krenmon • Wilmitwton, North ( mdina )8los 38 is • Iclchhonc (9191 39s 39(X) • lax (919) 350-2(X)$ An Itlual Ohhotumity Allirmnvc A(tion I mlAwcr DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 2. 3. 4. 5. 6. 7. Applicants name James D. Powell Location of project site Adjacent to Wrightsville Sound at 407 Summer Rest Rd. off of Highway 74 in Wilmington, New Hanover County. PHOTO 33MX: 1989: 174-6, Grids 8&9-R,S,T, 1984: 18-22-9, Grids 21-0,P STATE PLANE COORDINATES: X: 2360000 Y: 172000 Investigation type: Dredge & Fill CAMA Investigative procedure: (A) Dates of site visit 8-3792 (B) Was applicant present Wife' Processing procedure: Application received 7-28-92 Office Wino site description: (B) AEC(s) involved: (C) Water dependent: (D) Intended use: Yes X No Public Pri (E) Type of waste water treatment: Existing Planned None WETLANDS GR{, (F) Type of structures: Existing None WATER QUALIit ; Planned Pier T-Head (G) Estimated annual rate of erosion N/A Source Habitat description: AREA Dredged Filled Shaded (A) Vegetated wetlands: Spartina alterniflora (B) Non-vegetated wetlands: (C) Other: Open Water (D) Total Area Disturbed: (E) PRIMARY NURSERY AREA: 3180 s.f. YES NO X 620 s.f. 3800 s.f., (F) WATER CLASSIFICATION: SA OPEN: YES NO X (A) Local Land Use Plan N. H. Co. - Wrightsville Sound Area Land Classification from LUP Conservation Ocean Hazard Coastal Wetlands X Estuarine Waters X Estuarine Shoreline Public Trust Waters X Other 8. Project Summary Applicant proposes to construct a 590' pier.; connectinq 10' x 26' dock, for single family, residential use. w T i 9. PROJECT DESCRIPTION The project site is a residential area on Summer Rest Rd. in New Hanover County. The applicant lives at 407 Summer Rest Rd., which is on the western side of Summer Rest Rd. The property continues across to the eastern side of the road, where the land fronts Wrightsville Sound. The property is 95' wide and 750' deep. The site is probably 25' above mean 'sea level, dropping quickly to coastal marsh. For approximately 101, there is Juncus roemerianus mixed with the Spartina alterniflora. From this point on, there is a consistent stand of Spartina alterniflora for the next 5201. This point in Wrightsville Sound is opposite Lee's Cut, where it joins the sound. With many marinas in the vicinity, this is an area of concentrated boating activity. The New Hanover County Land Use Plan - Wrightsville Sound Area Addendum classifies the area as Conservation. The waters are classified SA by the Division of Environmental Management. The area is not designated as Primary Nursery by the Division of Marine Fisheries, and it is closed to shellfishing. The applicant is proposing to construct a residential pier totalling 590' in length, and connecting to a 10' x 26' dock. The structure would cross approximately 530' of Spartina alterniflora marsh. It would extend another 60' into open water. The 10' x 26' T-Head would be located at the waterward end, where there is -4' at mean low 'water. There is a semi - navigable area at approximately 380' into the marsh. The other piers in the area have been required to elevate over this area to allow for continued navigation. Mr. Powell has proposed elevating to 6' above mean high water for a minimum span of 10' over this area. The total project would extend for approximately 6001, or approximately 70' into a body of water approximately 550' across. The waterward end of the structure would be located approximately 125' from the center line of the AIWW. This would be approximately 80' from the near bottom edge of the channel, as the channel is 90' wide. There are other piers in the area of similar length. There has been a pier constructed directly south of the applicant since the 1989 photograph was taken. This structure is approximately 5701. The pier to the north of the applicant (one property removed) is approximately 640' in length. 10. ANTICIPATED IMPACTS The project would shade approximately 3180 square feet of Spartina alterniflora, and would incorporate approximately 620 square feet of Public Trust Area. The project is consistent with other structures in the area. The project is consistent with the 1/3 rule, is not a hazard to navigation, and can be constructed within the applicant's Riparian Corridor. The project terminates 80' from the near bottom edge of the federally maintained channel. The project will not increase boat activity in the area. .r Submitted by: T. Barrett Date: 08/04/92 Office: Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stommwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name .JAMES D. POWELL Address 407 SUMMER REST RD. City WILMINGTON State N. C. Zip 28405 Dayphone 919-256-3675 X Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give-the. owner's name and address. 7' } i f `r +a I k k If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK c. Will the project be for community, private, or commercial use? PRIVATE d. Describe the planned use of the project. ACCESS TO DEEP WATER VIA PRIVATE PIER. 4 LAND AND WATER ?N CHARACTERISTICS I T. Size of entire tract 951 X 7501 b. Size of individual lot(s) 951 X 750, c. Elevation of tract above mean sea level or h ??;,r r`1 ?F r National Geodetic Vertical Datum 2 LOCATION OF PROPq§ AL- MP- -VI ITT PROJECT d. Soil type(s) and texture(s) of tract MARSH a. Street address or secondary road number 407 SUMMER REST RD. e. Vegetation on tract MARSH GRASS b. City, town, community, or landmark WILMINGTON,N.C. c. County NEW HANOVER d. Is proposed work within city limits or planning jurisdiction? NO e. Name of body of water nearest project A.I.W.W. WRIGHTSVILLE SOUND 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT f. Man-made features now on tract NONE g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X_ Conservation Transitional _ Developed Community Rural Other h. How is the tract zoned by local government? R-20 i. How are adjacent waters classified? a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? d' If so, by whom? or pier). PRIVATE PIER CONSTRUCTION. 12/89 1 e it f. Dimensions of spoil disposal area g: Location of spoil disposal area NA h. Do you claim title to the disposal area? NA If not, attach a letter granting permission from the owner. c. Shoreline erosion during preceding 12 months, in feet NA d. Type of bulkhead material NA e. Amount of fill, in cubic yards, to be placed below mean high water NA f. .Type of fill material i. Will a disposal area be available for future maintenance? NA If so, where? j. Does the disposal area include any marshland, swamps, or water areas? NA k. Will the fill material be placed below mean high water? NA 1. Amount of fill in cubic yards NA m. Type of fill material NA n. Source of fill material NA o. Will fill material be placed on marsh or other wetlands? NA p. Dimensions of the wetland to be filled NA q. How will excavated or fill material be kept on site and erosion controlled? NA r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? NA s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. NA 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap NA b. Average distance waterward of mean high water or normal water level ?T r NA 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 77.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line ??,,,, prints or other larger plats are acceptable only if )(l?gh 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 complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project Management and shoul hy.tlr?y& PE of that opportunity. J U L 2 1992 12/89 m n - 3 r n m . D M Z ? o ? ? o 1 K o D \1 Z r v p Z I t7?p?T?, 31 I 0 0 I J 1 7 = x ? i, ? 1 ?,I 1 o n • y A CIA I TAI 1 7 V S(/ 'IM A 3 IF" A 4 1 -1 Ir 1 F '° f RFS 95, 4. 1. W. W. 90 CHA NEB i ' j, F ti •19v ?- pOW-A- L MANaG -M `? - - 0 C-) D D 0 o r- 0 z M ??1 o 3I SAC cn + w 0 rn n . m z v c? 2 m;om - idm m wt 00 a O Z r r rv r 0- z 0-M1 mM 4 n J -40 Kz --I 0 3 D m D m D -i m v v r m zo n ? O r? z ?r m o o z 1+ 0) 0 r O N pm3 0 -+ +,I V 1 0> 0 r- X D CD ? m I a) z O ox .. w WRIG HTSVILLE BEACH . D rTi rn m Wr om D O Z JUL 2S 1992. _- ?rvrsr?ra •e? ? ???=; 1: C- D COAST4 MANAGE?fl V 3. VIN ? C l r1i om° a A; f N N co 0 J fa o o - _ w a m?-{•? N + Q, . I CD I = I ? n I -? o Z-.) co s 1. 1 i + ` t i ! o rrn tt F t y ;',r,t f f .; 1,^ r' t s k k= •k r ;, k' n rX k/p,t•L t: N Y v r r p k!t ` ?? ,tj,= c s t !• D 03 D m A. I_W.jk R/ W LI NE_ (J1 0 2 T D z z m .r •t' u •!i••'. + W ..' { e t G, t d I t t j ;? • 4"1 is (i i ! ' i a ! k }Isk F F r `? • 4 ?1 ?`zao .F s't F? t - ? S-; l? cn m 4'k! t 4• m W 0 I- N O r o o 0 O Ii 0 m 0 o_m o O O x -n zn Y ?n rt A To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW PROJECT NAME: James D. Powell COUNTY: New Hanover Project #: 92438 STREAM OR ADJACENT WATER BODY: AIWW CLASS: SA OPEN OR CLOSED: Closed STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to construct a 590' pier and a 10' X 26' dock to serve a single family residence. r1- c? S REVIEWER: Gregson JOINT NOTICE: No DATE APP. RECD: 9 /08/07 RECOMMENDATION: Issue RETURNED: (ISSUE/DENY/OTHER) RESUBMITTED: ,?....? INITIAL REPORT a FINAL REPORT: 92/08/13 n. Is' WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A (EXISTING, PROPOSED, TO BE PERMITTED BY: N/A SEPTIC TANK ETC.) (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL: WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A 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.) 92438.Aug Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: 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:92438.Aug cc: Central Files Wilmington Regional Office Files DCM-Terr Barrett John Parker 3 d0 .. ovr ? State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management James G. Martin, Governor S Roger N. Schecter William W. Cobey, Jr., Secretary Director August 5, 1992 TO: A. Preston Howard, Jr., P.E., Acting Director Division of Environmental Management FROM: John R. Parker, Jr., Chief Major Permits Processing Section SUBJECT: CAMA/Dredge & Fill Application Review Applicant: James D. Powell Project Location: Adjacent to Wrightsville Sound at Summer Rest Road, off Hwy 74 in Wilmington, New Hanover County. Proposed Project: Applicant proposes to construct a 590' pier connecting a 10' x 26' dock, for single family residential use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 26, 1992. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. 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. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date f 127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone (919) 395-3900 • Fax (919) 350-2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT A 1. Applicant's name James D Powell 2. Location of project site Adjacent to Wrightsville Sound at 407 Summer Rest Rd. off of Hiahwav 74 in Wilmington, New Hanover County. PHOTO INDX: 1989: 174-6, Grids 8&9-R,S,T, 1984: 18-228, Grids 21-0,P STATE PLANE COORDINATES: X: 2360000 Y: 172000 3. Investigation type: Dredge & Fill CAMA X 4. Investigative procedure: (A) Dates of site visit 8-3-92 (B) Was applicant present Wife 5. Processing procedure: Application received 7-28-92 Office WiRO 6. site description: (B) AEC(s) involved: (C) Water dependent: (D) Intended use: Yes X Public Estuarine Shoreline Public Trust Waters other No Other Private_K_ Commercial (E) Type of waste water treatment: Existing None Planned None (F) Type of structures: Existing None Planned Pier T-Head (G) Estimated annual rate of erosion N/A Source 7. Habitat description: (A) Vegetated wetlands: Spartina alterniflora (B) Non-vegetated wetlands: (C) other: Open Water (D) Total Area Disturbed: 3180 s.f. 620 s.f. 3800 s.f. (E) PRIMARY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SA OPEN: YES NO X (A) Local Land Use Plan N. H. Co. - Wrightsville Sound Area Land Classification from LOP Conservation Ocean Hazard Coastal Wetlands X Estuarine Waters X AREA Dredged Filled Shaded 8. Project Summary Applicant proposes to construct a 590' pierw, connecting a 10' x 26' dock, for single family, residential use. 9. PROJECT DESCRIPTION The project site is a residential area on Summer Rest Rd. in New Hanover County. The applicant lives at 407 Summer Rest Rd., which is on the western side of Summer Rest Rd. The property continues across to the eastern side of the road, where the land fronts Wrightsville Sound. The property is 95' wide and 750' deep. v ;. The site is probably 25' above mean "sea level, dropping quickly to coastal marsh. For approximately 101, there is Juncus roemerianus mixed with the Spartina alterniflora. From this point on, there is a consistent stand of Spartina alterniflora for the next 5201. This point in Wrightsville Sound is opposite Lee's Cut, where it joins the sound. With many marinas in the vicinity, this is an area of concentrated boating activity. The New Hanover County Land Use Plan - Wrightsville Sound Area Addendum classifies the area as Conservation. The waters are classified SA by the Division of Environmental Management. The area is not designated as Primary Nursery by the Division of Marine Fisheries, and it is closed to shellfishing. The applicant is proposing to construct a residential pier totalling 590' in length, and connecting to a 10' x 26' dock. The structure would cross approximately 530' of Spartina alterniflora marsh. It would extend another 60' into open water. The 10' x 26' T-Head would be located at the waterward end, where there is -4' at mean low water. There is a semi - navigable area at approximately 380' into the marsh. The other piers in the area have been required to elevate over this area to allow for continued navigation. Mr. Powell has proposed elevating to 6' above mean high water for a minimum span of 10' over this area. The total project would extend for approximately 6001, or approximately 70' into a body of water approximately 550' across. The waterward end of the structure would be located approximately 125' from the center line of the AIWW. This would be approximately 80' from the near bottom edge of the channel, as the channel is 90' wide. There are other piers in the area of similar length. There has been a pier constructed directly south of the applicant since the 1989 photograph was taken. This structure is approximately 5701. The pier to the north of the applicant (one property removed) is approximately 640' in length. 10. ANTICIPATED IMPACTS The project would shade approximately 3180 square feet of Spartina alterniflora, and would incorporate approximately 620 square feet of Public Trust Area. The project is consistent with other structures in the area. The project is consistent with the 1/3 rule, is not a hazard to navigation, and can be constructed within the applicant's Riparian Corridor. The project terminates 80' from the near bottom edge of the federally maintained channel. The project will not increase boat activity in the area. JJ Submitted by: T. Barrett Date: 08/04/92 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 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name JAMES D. POWELL Address 407 SUMMER REST RD. If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? .NEW WORK c. Will the project be for community, private, or commercial use? PRIVATE City WILMINGTON State N . C . d. Describe the planned use of the project. ACCESS TO DEEP WATER VIA PRIVATE Zip 28405 Dayphone 919-256-3675 PIER. X Landowner or Authorized agent b. Project name (if any) 4 LAND AND WATER c. If the applicant is not the landowner, also give the. - - - r 'r CHARACTERISTICS r owner's name and address. i Size of entire tract 95, X 750, ` ? woo b. Size of individual lot(s) 951 X 7501 c, c. Elevation of tract above mean sea level or tgational Geodetic Vertical Datum 2 LOCATION OF PROPQ@ AL jV1?tVA ?? ?i PROJECT d. Soil type(s) and texture(s) of tract MARSH a. Street address or secondary road number 407 SUMMER REST RD. e. Vegetation on tract MARSH GRASS b. City, town, community, or landmark WILMINGTON, N. C. f. Man-made features now on tract NONE c. County NEW HANOVER g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) d. Is proposed work within city limits or planning jurisdiction? NO X Conservation Transitional e. Name of body of water nearest project Developed Community A. I . W. W. WRIGHTSVILLE SOUND Rural Other h. How is the tract zoned by local government? R-20 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT i. How are adjacent waters classified? a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? i If so, by whom? or pier). PRIVATE PIER CONSTRUCTION. t 12/89 1 f. Dimensions of spoil disposal area N g. Location of spoil disposal area NA h. Do you claim title to the disposal area? NA If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? NA If so, where? c. Shoreline erosion during preceding 12 months, in feet NA d. Type of bulkhead material NA e. Amount of fill, in cubic yards, to be placed below mean high water NA f. .Type of fill material NA 8 ADDITIONAL INFORMATION Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? NA ing items must be submitted: k. Will the fill material be placed below mean high water? NA 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material NA NA NA A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o. Will fill material be placed on marsh or other wetlands? NA An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources NA Commission Rule 710203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Please note that original drawings are preferred and NA only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if g quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? NA to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that NA may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments 7 SHORELINE STABILIZATION on the proposed project ; Management and shoul )40"01J, Oai of a. Length of bulkhead or riprap NA that opportunity. b. 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