20051415 Ver 1_Complete File_20050727

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DEPARTMENT OF THE ARMY
WilMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

IN REPLY REFER TO December 1,2005

Regulatory Division

Action ID No. 200501034 and State Permit No, 161-05

Jimmy Scholar
5345 Highway 50
Maple Hill, North Carolina 28454

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Dear Mr. Scholar:

Reference your application for a Department of the Army permit to insta1165 linear feet
of vinyl bulkhead approximately 4 feet waterward of Normal High Water and a 6' x 14' pier
with~a 16' x 16' gazebo located at 9044 West 9th Street, adjacent to a manmade canal that is a
tributary to Stump Sound, surf City, Onslow County, North Carolina.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan
(enclosed). 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 me at the Wilmington Field Office,
Regulatory Division, telephone [phone],

Sincerely,

Henry Wicker, Project Manager
Wilmington Regulatory Field Office

~

Enclosure

Copies Furnished without enclosure:

Ms. Cyndi Karoly /
Division of EnviroUental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr, Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557

Mr, Pete Benjamin
U,S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr, Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

2

Michael F. Easley, Gove:rnor

William G, Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P.E. Director
Division of Water Quality

July 29, 2005

Subject:

401 Water Quality GC #3490
9044 West 9th Street
DWQ Project # 05 1415
Onslow County

m&@&llW&@
AUG 8, 2005
~EJ;'lNo WATER QUAulY
SToRMVATER BRANcH

Jimmy G, Scholar
5345 NC Hwy 50
Maple Hill, NC 28454

Dear Mr. Scholar:

The Wilmington Regional Office received your copy of the CAMA Major Pennit Application for filling in
22 square feet of Coastal Marsh and 220 square feet of open water to install a vinyl bulkhead approximately 4 feet
waterward of Normal High Water at 9044 West 9th Street, in Surf City, Onslow County. After the Division of
Coastal Management issues you a pennit, you are authorized to proceed under General Water Quality Certification #
3490 (attached), Written concurrence from DWQ is not required provided t~at you can meet all of the conditions
- of this certification.

If at anytime during construction of your project you detennine that you cannot meet these conditions or if
there are any unpennitted impacts to wetlands or water quality, you must contact this office immediately.

If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215.

Q;:~~

Joanne Steenhuis
I Environmental Specialist III

cc: Darrell Emy - Lighthouse Marine Const.
Cyndi Karoly, Wetlands Unit
Henry Wicker, US Army Corps of Engineers
Jon Giles - CAMA Wilmington
Doug Huggett - CAMA Morehead
WiRO

THIS IS NOT
A CAMA PERMIT

North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
An Equal Opportunity/Affinnative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Service1,877 -623-67 48
Intemet: h20,enr,state,nc,us N he l'
~rt am ma
:Naturnllu

401 permits

Subject: 401 permits
From: Patricia Collins <[e-mail]>
Date: Thu, 04 Aug 2005 14:09:16 -0400
To: Cyndi Karoly <[e-mail]>, Ian McMillan <Ian,[e-mail]>,
Henry,[e-mail], Doug Huggett <[e-mail]>

The following CAMA 401 permits have been issued:
William Branch--DWQ #: 050477 New Hanover County

Jimmy Scholar--DWQ #: 051415 Onslow County ~
City of Wilmington/Loughlin Northside WWTP--DWQ #:\(041590 New Hanover County

Patricia Collins
Administrative Assistant

Awaiting ltr to fill in approved project details
Dbase updated wi approval date only
L. Dennison

N.C. Department of Environment and Nat
Division of Water Quality - Surface Wa
Wilmington, North Carolina

Phone: [phone]
Fax: [phone]

1 of 1 8/412005 2: 10 PM

Michael F, Easley, Governor

AVA
NCDENR

North Carolina Department of Environment and Natural R
Division of Coastal Management
Charles S. Jones, Director

RECEIVED
JUL 2 1 2005

ces

William G, Ross Jr" Secretary

20051415

July 20, 2005

~rn@~ow~ ~

JUL 2 7 Z005
Cyndi Karoly
S ' 1 0 . d . TT .pENR-WATERQUALlTY
upervIsor 40 versIght an Express PermIts lWEIIU\NOSANDSTORMWATERBRANCH
Division of Water Quality-Surface Water Protection

MEMORANDUM:

TO:

FROM:

Doug Huggett, Major Permits Coordinator

SUBJECT:

CAMA & Dredge and Fill Permit Application Review

Applicant:

Jimmy G, Scholar

Project Location:

9044 West 9th Street offNC Hwy 210 North, Surf City, Onslow Co.

Proposed Project:

The Applicant proposes to install 65 linear feet of vinyl bulkhead approximately 4
feet waterward of Normal High Water (NHW) and a 6'xI4' pier with a 16'xI6'
gazebo.

Please indicate below your agency's position or viewpoint on the proposed project and return this form
by August 12,2005. If you have any questions regarding the proposed project, please contact Jon Giles
at [phone], when appropriate, in-depth comments with supporting data is requested.

REPLY:

_ This agency has no objection to the project as proposed.

_ This agency has no comment on the proposed project.

_ 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

127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: Jimmy G. Scholar

2. LOCATION OF PROJECT SITE: The property is located at 9044 West 9th Street offNC Hwy 210 North,
adjacent to a man-made Canal that is a tributary to Stump Sound, in Surf City, Onslow County,

Photo Index - 2000: 25-332; 4,5(M) 1998: 14-313; 2,3(J) 1995: 28-366; 6,7(0)

State Plane Coordinates - X: 2,447,906 Y: 257,887

GPS File: P070715A

3. INVESTIGATION TYPE: CAMA / DREDGE & FILL

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 07/07/05
Was Applicant Present - No

5. PROCESSING PROCEDURE: Application Received - Complete on 07/18/05 Office - Wilmington

6, SITE DESCRIPTION:
(A) Local Land Use Plan - Surf City
Classification From LUP - Developed
(B) AEC(s) Involved: ES, EW, PT, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - Single Family Dwelling
Planned - Installation of 65 linear feet of vinyl bulkhead approximately 4 feet
waterward of Normal High Water (NHW) and a 6' x 4' pier with a
16'~x 16' Gazebo.
(G) Estimated Annual Rate of Erosion: < -I ft.lyr. Source - Personal Observation

7.

HABITAT DESCRIPTION:

[AREA]
DREDGED

FILLED

OTHER

(A) Vegetated Wetlands 22 ft,2
(Soartina altemiflora)
(B) Non-Vegetated Wetlands - open water 220 ft,2 280 ft,2
Incornorated
(C) Other (Highground) 1,300 ft,2
Disturbed

(D) Total Area Disturbed: 1822 ft.2
(E) Primary Nursery Area: NO
(F) Water Classification: SA

Open: NO

8, PROJECT SUMMARY: Applicant is proposing to install 65 linear feet of vinyl bulkhead approximately 4 feet
waterward of Normal High Water (NHW) and a 6' x 14' pier with a 16' x 16' Gazebo.

127 Cardinal Drive Ext" Wilrnington"North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet www.nccoastalmanagemenlnet

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Pa~r

Jimmy Scholar
Page Two

9. PROJECT DESCRIPTION:

The project site is located at 9044 West 9th Street offNC Hwy 210 North, adjacent to a man-made Canal that is
a tributary to Stump Sound, in Surf City, Onslow County. To get to the property from the Surf City Swing
Bridge take a left on NC Hwy 210N then take a left on 9th Street, 9th Street will be on the left shortly after you
cross the Pender / Onslow County Line. In the area of Surf City known locally as Old Settler's Beach..1he canal
is the northern most canal in a series of seven canals in Surf City and is approximately 95' across at this
location. According to the permit application this lot is 50' x 100' or 5,000sf.2. There is currently a single-family
. dwelling located on the lot. The only vegetation on the lot is lawn grass. This,lot is located on a man-made canal
and most of the lots on this canal are bulkheaded. There is an old pier approximately 6' x 12' with a 6' x 12' T-
head, an existing 12' wide boat ramp and the remnants of an old dilapidated bulkhead that is approximately 4'
waterward ofNHW on the site. The lot has experienced some erosion. There is approximately 22 ft.2 of
regularly flooded Smooth Cordgrass marsh (Spartina alterniflora) that has voluntarily established itself behind
the remains of the old bulkhead,

The Surf City Land Use Plan classifies the upland areas of this project as developed, The waters of the project
site are classified as SA by the NC Division of Water Quality, The NC Division of Marine Fisheries has not
designated this area of Stump Sound as a Primary Nursery Area, and the waters adjacent to the proposed
project are closed to the harvesting of shellfish,

PROPOSED PROJECT:

The applicant is proposing to install 65 linear feet of vinyl bulkhead approximately 4 feet waterwad ofNHW
along the northern side of the property, The applicant is proposing approximately 10 cubic yards offill behind
the proposed bulkhead. The fill would consist of sarid. The applicant is also proposing to install a 6' x 4' pier
with a 14' x 14' Gazebo with l' overhang. The water depth at the end of the proposed pier would be -4' MLW.
The pier would terminate in the canal approximately 20' waterward of the proposed bulkhead. The canal at this
location is approximately 95' wide.

10. ANTICIPATED IMPACTS

The proposed pier and gazebo would incorporate approximately 280 ft.2 of Estuarine Waters and Public Trust
Area. The installation of 65 linear feet of bulkhead and the associated tiebacks would result in the disturbance of
approximately 1,300 ft.2 of high ground area. The bulkhead would incorporate approximately 220 ft.2 of shallow
bottom converting it to high ground. The fill behind the bulkhead would convert approximately 22 ft.2 of
.regularly flooded Smooth Cordgrass marsh (Spartina alterniflora) into highground.

Submitted by: J, W, Giles

Date: July 18, 2005

Office: Wilmington

127 Cardinal Drive Ext, Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet www.nccoastalmanagemenlnet

An Equal Opportunity \ Affinnative Action Employer - 50% Recyded \ 10% Post Consumer Paper

Form DCM-MP-l

APPLICATION'

(To be completed by all applicants)

1. APPLICANT

a, Landowner:

Name JiM ':/ r;. ~j, f)!o (,:
Address 5"3'1 IV e fJ f..,v~ 9J
City 01af/b JJ; / / ;t>te IJ/ c:
Zip JR'jS1 Day Phone 9/6 -;l.59LJI/95

Fax

b, Authorized Agent:

::r~'~~: ~~~;M~f
City ;j ~ State

Zip J.<:& -rrs' Day Phone qc-o

;JG-
q~1 t;g)&

Fax ~

c, Project name (if any)
fi/l..,u L

NOTE: Pemril will be u~ ill Mme uJ landowrwr(l). lIIIIlIor
projea 1IQIlV,

2. LOCATION OF PROPOSED
PROJECT

o t'i~ ( 0 uJ

a, County

KeYised 03/95

,I

h., C~ 'if't CO&'f'f or landmark
c, ' Street address or seco.f9 road n'Ufber _
_ 9tJl.).t/ We5 U, oS reel

d, Is proposed wor~thin city limits or planning
jurisdiction? Yes No

e, Name of body of waterf{,earg.oj~ (et river'l
creek, sound, bay) -'t l Ct n1.

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

b, Is the proposed activity maintenance 'of an existing
project, new work, or both? ~

c, Will tl]e proj~ be f9r public, private or commercial
use? --f (' \ \J Ai-e.

d, Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project, If IDOre s ace' D ed, ' please "attach
addition p es. . (

Form DCM~MP-l

4. LANDANDWATER
CHARACTERISTICS

a. Size of entire tract

,
;)() x , (!) n'

,.
b. Size of individuallot(s) .:)/'))/ '" 0 ~

c, Approximate elevation of tract above MHW or
NWL 4 FaD{-

d, Soil typ~s) and texture(s) of tract
. ~ iQ.N () 1=-~ tf

e. Ve~tion on rct $VV'P<-ll Pl~( ~
0+ Pw,if'7 '1 ("~5

f. Man-Nade features now o~ tract f)lJ
to 0 l K ~eA-r'l rLV' & r I PAl'"

g, What is the CAMA Land Use Plan land
classification of the site? (Consub the loaJI laNJ /1St plan.)

~onservation
--L Developed
_ Rural

_ Transitional
_ Community
_ Other

b. How is the tract zoned by local government?
P c.c:, In e/h-h A-I

i. Is the proposed project consistent with the applicable
zoning? ~ Yes _ No
(AltIJch zoning co",,/i.tmCt cerrijicaze, if appliCtJbk)

j. Has a professional archaeological ass~ment been
done for the tract? _ Yes ...y.... No
If yes, by whom?

k, Is the project located in a National Registered
Historic District or does it involve a National
Register listed O~igible property?
_ Yes No

J. Are there wetlands on the site? -L Yes _ No
Coastal (marsh) V Other
If yes, bas a delineation been conducted? NO
(ArlDch tlIJCIUMI'IJIJlion, if aKriJDbk)

ReYised 03/95

m. Describe existing wastewater treatment facilities,

(VA

~-cr+\lt

D,. Describe location and type of discharges to waters
" of the state, (For example, surface ronoff,..sanitary
wastewater. industrial/commercial effluent, .wash
down- and r~idential discharges.) -

^ J pr;-
.

0, Describe existing drinking water supply source,

~~I\ O\-~~ G.~

s. ADDITIONAL INFORMATION

In addition to the completed application form, the
following items must be submitted:

. A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties, 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink aD an 8 lIr by 11. white paper. (Refer to
Coastal Resources C"mmission Rule 1],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 an '
adequate Dumber of 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

Form DCM-MP-l

site, Include highway or secondary road (SR)
numbers, landmarks, and the like,

. A Stormwater Certification, if one is necessary,

. A list of previous state or federal permits issued for
work on the project tract, Include permit numbers,
permittee, and issuing dates,

. A check ror $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application,

. A signed AEC hazard notice for projects in
oceanfront and inlet areas,

. A statement or compliance with the N.C.
Environmental Policy Ad (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attaeh a statement
documenting compliance with the North Carolina
Environmental Policy Act,

ReYiwd 03/95

6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

1 understand that any permit issued in response to this
app~ication will allow only the development descr-ibed in
the application, The project will be subject to conditions
and restrictions contained i'l the permit,

I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.

I 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 the
project,

1 further certify that the information provided in this
application is truthful to the best of my knowledge,

This is the I? day of t11a7 ' 1905
Print Name J1 m >117 a.s)'1% Y
Signature ~~ -1 ~~

r Dr rir.ed Agm .

Please indicate attachments pertaining to your proposed
project.

.../ DCM MP-2 Excavation and Fill Information
-:7 DCM MP-3 Upland Development
~ DCM MP-4 Structures Information
_ DCM MP-S Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign and dale each altac1unen/ in W
space provided at w bottom of each form,

__ _H .~.__;:.

Form DCM-MP-4

STRUCTURES

(Construction within Public Trust Areas)

Attach this form to lo~t Application for CAMA Major
Permit, Form DCM-MP-L Be sure to complete all
, 'other seciions of the Joint A;;Iication which relate to
.1 this proposeC proj~~.

a. Dock(s) and/or Pier(s)
(1) - ---..:... COmmercialU;; , Community y' Private
(2) Number ' ---1-_
,
(3) Length , 'I'
(4) Width Cf1'
(5) Finger Piers _ Yes -2S.- No
(i) Number
(ii) Le.'1gtQ
(iii) Width
(6) PJarfonn(s) ~ Yes _No
(i) Number
(ii) Lengr.h Ii.{ I
(iii) Width : I if I
. (i) Numbe::- of Slips proposed '-:;
-
(8) Proximity of strucmre to adjacent nparian
property lines /5 I _
(9) Width of war:r body (0 5 I
(10) Ware::- depth at waterward ,nd of pie::- at
ML W or NWL to

e, Mooring buoys
(1) - Commercial_CommUnity -..::... Private
(2) Number'
(3) - Description of buoy '.-, "
(Color, inscription, size, anchor,etc,)
I}m~ r{) -

(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline

f. Mooring structure (boatIift, mooring pilings, etc,)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length ~ ('\ . ~
(4) Width V o1v

g, Other (Give corr.plere tk:::nption) _
-~t-' r.,q.y" I&' t::e r- f) ock P?o c 1
.

b. Boathouse (mcJuding covered lifts)
(1) CommercijU y' Private
(2) Length 1 ("
(3) Width l ~ I

c, Groin (e.g.woo~, sileetpile, .etC::~)
'-g?~:~;-"lv\) IV t

d:- Bre.1kwater (e.g. wood, sheetpiIe, etc.)

::J /hut! ~ ~1 4cv/
Applicant or Project Name

~-:."':" __2::_:.-_:,;..:=:~:..:..-.

S"zgnature

...;=-::,.: .:..~~-- --- ~---__ --0---"

"--.'';';'.. --- _-:.._-- _. ---~.. ---"-

, Date

5 -/J -b~'

(1)
, (2)

Length_
A V~e diS't.4Ilce from MEw, NWL or
wetlands A J il 10 t-
(3) Maximum distance beyond MHW, NWL or
wetlands ,d?rrJ e,

- - -~~'~e;.~.;...,.~~-;.----:-.__.,.

Revised 03/95

Form DCM-MP-2

EXCAVATION
AND ,FILL

(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.

Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.

Leagtb Width

Avenge
EmdDI
Depth

FtDaI
Project
Depth

Access
channel
(ML W) or (NWL)

Canal

Nf't. EXCAVATION

a, Amount of material to be excavated from below
MHW or NWL in cubic yards

b. Type of material to be excavated

c, Does the area to be excavated include coastal '
wetlands (marsh), submerged aquatic vegetation
(SA Vs) or other wetlands? _ Yes _ No

d, Highground excavation in cubic yards

, t\~ 2. DISPOSAL OF EXCAVATED
MATERIAL

Boat
basin

Boat
ramp

Rock
groin

Rock
breakwater

Other
(Excluding
shoreline
ltabilization)

Revised 03/95

a. Location of disposal area

b. Dimensions of disposal area

c, J?o you claim title to disposal area?
_ Yes _No
If no, attach a letter granting permission from th~
owner,

d, Will a disposal area be available for future
maintenance? _ Yes _ No
If yes, where?

Form DCM-MP-2

e, Does the disposal area include any coastal wetlands
(marsh), ,SA Vs or 9ther wetlands?
_Yes -LNo

f, Does the disposal inchute any area in the water?
_ Yes --ZN~

3. SHORELINE STABILIZATION

a. Type ~oreline stabilization
Bulkhead Riprap

b. Length (p c:; f e <:..l-

c, Average distance waterward,tf MHW or NWL
l.{ ~r' -

d, Maximum distance waterward of MHW or NWL

e. Shoreline erosion dur~ preceding 12 months
5 P-G/l
(Source of information)

f. Type of bulkhead or riprap material

\f 14 ~ A-l
\

g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill

h, Type of fill material

)0 {~l)tc ~9J
~D

i. Source of fill material

~~J:tk?~1or

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)

a, Will y~aterial be brought to site?
_Yes _No

Revised 03/95

If yes,
(1)

Amount of material to be placed in the
water 1 Ct./h: c. Sf w'r' D f
(2) Dimensions of fill area
~tl x 4-'
(3) Purpose offill gCLc..ILs;:...' \1 'lYAfl

b, Will fill material be placed in coastal
(m~~ SA Vs or other wetlands?
Yes _No
If yes,
(1)

wetlands

Dimensions of fill area ~ ~ b ~ }{ c;
, S~ ~'-1\ .t-S
(2) Purpose of fill "l? a. r ~ },"I ( ~ 11 lo...l(

5. GENERAL

a, How will excavated or fill material be kept on site
and erosion controlled?

6~lt-~n~e

b, What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic

dredge)? 1i-A-c.r LA'Tf/

c, Will wetlands be cossed in tr~g equipment
to project site? _ Yes No
If yes, explain steps that will be taken to lessen
environmental impacts,

(w

s

Date

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

IN REPLY REFER TO September 13, 2005

Regulatory Division

Action ID No, 200501034

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Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

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Dear Mr. Huggett:

Reference the application of Jimmy G. Scholar for a Department of the Army permit to
install 65 linear feet of vinyl bulkhead approximately 4 feet waterward of Normal High Water
and a 6' x14' pier with a 16' x 16' gazebo located at 9044 West 9th Street, adjacent to a
manmade canal that is a tributary to Stump Sound, Surf City, Onslow 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:

1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part ofthis permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.

2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, ofthe structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY - RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or maintenance
ofthis project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.

4, Except as authorized by this permit or any US ACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.

5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee
shall immediately report it to the N,C. Division of Water Quality at [phone], Ext. 526 or
[phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed,

6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters ofthe United States. 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 for reason other than safety.

7. 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, For
further information, the permittee should contact the u.s. Coast Guard Marine Safety Office at
[phone].

8. Ifthe permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.

9. Approval of the structure was based on determinations that there would be no obstruction
to navigation. The structure may be damaged by wave wash from passing vessels, Issuance ofthis
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,

10, The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.

11. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide each
of its contractors and/or agents associated with the construction or maintenance ofthis project with
a copy ofthis permit. A copy ofthis permit, including all conditions, shall be available at the
project site during construction and maintenance of this project.

2

12. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and
the immediate stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statutes Chapter 113A Article 4).

13, 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 NTD's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTD's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTD's or less in trout waters, are not
considered significant.

14, The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary ofthe Army or his authorized representative may direct, restore the water
or wetland to its pre-project condition,

15. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S,
Army Corps of Engineers within 24 hours of the permittee's discovery of the violation,

16, 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 ifhe
abandons the permitted activity without having it transferred to a third party.

17. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species, has been reported in the waters in Carteret County, In order to protect the
West Indian manatee all work should be done during the period from November 1 to May 31, If
work must be done during the period from June through October the enclosed guidelines, entitled
"Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee
in North Carolina" must be followed.

Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office,
Regulatory Division, telephone [phone].

Sincerely,

Henry Wicker, Project Manager
Wilmington Regulatory Field Office

Enclosure

3

.

, 'Copies Furnished (without enclosure):

Ms. Cyndi Karoly /'
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr, Pete Benjamin
V,S, Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr, Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

Mr, David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Mr. Wesley Crum, Chief
Coastal Section
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr, Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

Commanding Officer
V,S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895

4

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DepHI [ment of Environment and Natural Resources

coast.:" Resou~,~.~; CO,n;missi!f1 ~ ~ & OW&@
tltnntt 1 .; 2005

for ~~~~:,,, V.~r1:R 1"'>1 '
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X__ Major Development in an Area ofEnvironm~i~~~~n
pursuant to NCGS 113A-118 '

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~ Excavation and/or filling pursuant to NCGS 113-229

Issued to Jimmy Scholar, 5345 Highway 50, Maple Hill, NC 28454
Authorizing development in Onslow County at adj. manmade canal off Stump Sound, 9044

W. 9th Street, Surf City , as requested in the permittee's application, 5/17/05 (MP-1) & 5/13/05
(MP-2 & MP-4) including the attached workplan drawings (5), 2 dated 8/28/05,2 dated 6/3/05, & 1 dated 7/18/05

This permit, issued on Novemher R, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

Docking Facility

1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.

2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.

(See attached sheets for Additional Conditions)

This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.

Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

Char es S. Jones, Director
Division of Coastal Management

This permit must be accessible on,site to Department
personnel when the project is inspected for compliance.

All work must cease when the permit expires on

This permit and its conditions are hereby accepted.

December 31,2008

In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.

Signature of Permittee

f^':' "..:."" N,.'>":'~':''''':'' ,.".:,,.,, ,',: 'x";"+>0:"""'." :.,.:-;-:.:- ":",,..:..;-x, ',:,N>'>-,":+'-"'-:-:': :.., ,:"","'X,,:,.:<,:,.:<':"X-:''':''~''''.X~'''':<~:-:': X.....:',.,":';-:..},..:'.;.:':..;. :.:' :.X'''':-:-:'':''X'':':'''':''X-:,:-:'':'':':-:-:'~;-:'N:'''''}' :..:':.", :-:.:,'" "<C~":l

1 Jimmy Scholm" Permit 41161-05 ~ '
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i ADDITIONAL CONDITIONS ~
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~ 3) All material resulting from the removal of the existing pier shall be placed on an approved upland ~
f disposal site. ~
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I 4) The new pier and associated structures shall have a minimum setback distance of 15 feet between any ~
I parts of tile structure and the adjacent property owner's riparian access corridor. j

::: 5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct !
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.

6) The roof of the covered platform shall not be designed for second story use.

7) No attempt shall 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.

8) The permittee shall 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.

9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

10) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.

11) This permit authorizes a maximum of two boat slips.

-. -
Shoreline Stabilization

12) The bulkhead shall be placed in the same alignment as the previously permitted bulkhead.

13) All material resulting from the removal of the dilapidated bulkhead shall be placed on an approved
upland disposal site.

14) The bulkhead shall be constructed prior to any backfilling activities.

15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

16) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.

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Permit #161-05
Page 3 of 3

ADDITIONAL CONDITIONS

The backfill material shall be clean and free of any pollutants except in trace quantities.

No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead, without permit modification.

Sedimentation and Erosion Control

A silt fence shall be properly installed immediately landward of the bulkhead cap immediately following
completion of backfilling activities.

20) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thilty days of project completion.

21)

22)

NOTE:

NOTE:

NOTE:

NOTE:

NOTE:

General

The permittee understands and agrees that, if future operations by the United States requires the t
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the ;.
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
umeasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.

The West Indian Manatee (Trichecus manatus), which is listed as a federally endangered species, has
been reported in North Carolina waters. In order to protect the West Indian manatee all work should be
done during the period from November 1 to May 31. If work must be done during the period from June
through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which
may Be Used by the West Indian Manatee in North Carolina" shall be followed,

This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Future development of the permittee's property may require a modification of this permit. 1
Contact a representative of the Division at [phone] prior to the commencement of any ,
such activity for this determination, The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.

The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.

The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3490 (DWQ Project No. 051415), which was issued on 7/29/05.

The U.S. Army Corps of Engineers has assigned the proposed project COE Action ld. No.
200501034.

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United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. Henry Wicker
U. S. Am1Y Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

August 26, 2005 '~~"'1J@ ~
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Subject: Action ID #2005001034, Jimmy Scholar, Surf City, Onslow County, NC

Dear Mr. Wicker:

This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated August 1,2005. The applicant, Jimmy Scholar, has applied for a
Department of the Army (DA) pem1it to install a bulkhead and construct a gazebo and pier. The
proposed work is being considered under Regional General Pennit #198000291, a
permit/processing agreement for work that has been approved pursuant to the North Carolina
Coastal Area Management Act (CAMA). These comments are submitted in accordance with the
Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 D.S.C. 661-667d).
Comments related to the FWCA are to be used in your detennination of compliance with
404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation
to the protection of fish and wildlife resources. Additional comments are provided regarding the
District Engineer's determination of project impacts pursuant to section 7 of the Endangered
Species Act (ESA) of 1973, as amended (16 U.S.c. 1531-1543).

Project Area, Proposed Actions, and Anticipated Impacts

The project area, proposed work, and anticipated impacts are described the Field Investigation
Report (FIR), dated July 18, 2005, of the North Carolina Division of Coastal Management
(NCDCM). The project site is a man-made canal on the soundside of Topsail Island. This canal
flows into the estuarine waters of Stump Sound. The FIR states that the project area is not
classified as Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries
(NC DMF).

The applicant proposes to install 65 linear feet (also given elsewhere as 55 feet) of vinyl bulkhead
approximately four feetwaterward of the normal high water (1\TfIW) line. Ten cubic yards of sand
fill would be placed behind the new bulkhead. The fill would convert 22 square feet (fe) of
coastal marsh and 220 fe of unvegetated estuarine bottoms to upland.

'-

2

A gazebo would be constructed with a connecting pier (6 feet by 14 feet) to the uplands on the
site, The gazebo would apparently be 14 feet square, but is given as 16 feet square in the project
summary of the FIR. There is no indication that structures would be placed over vegetated
wetlands. These structures would incorporate 280 ft2 of estuarine waters and public trust areas.
A project drawing indicates that water depths at the proposed gazebo are two to four feet at mean
low water (ML W). Support piles would need to be placed in the substrate for these structures.

Federally Protected Species

The Service has reviewed available information on federally-threatened or endangered species
known to occur in Onslow County. We have also reviewed information from the North Carolina
Natural Heritage Program (NCNHP) database which contains excellent data on the special status
species, both federal and state. This database can be accessed by topographic quadrangle (quad)
of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific
information on species which should be considered in permitting this project. The project area is
in the Holly Ridge quad. The OCCUlTence data of special status species within this quad can be
obtained on the internet at < http://wwv''.ncnhp.om/Pa!2es/heritagedata.html >.

The Service carefully considers potential impacts for all in-water construction on the West Indian
manatee (Trichechus manatus), a federally-endangered mammal. While there are no occurrence
records in the Holly Ridge quad, the species has been reported from Onslow County. Manatees
move along the Atlantic Coast during summer months and are seasonal transients in North
Carolina, primarily from June through October. Manatees may occupy waters one to two meters
(3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and past
occurrence records cannot be used to precisely determine the likelihood that it will be presence at
a particular construction site.

Manatees could occur in the project area. The placement of pilings could pose a risk to manatees.
To protect manatees in North Carolina, the Service developed guidelines entitled "Precautions for
General Construction in Areas Which May Be Used by the West Indian Manatee in North
Carolina." These guidelines address all types of in-water construction, except blasting, and should
produce little, if any, additional expense. The guidelines are intended mainly to ensure that
construction personnel are informed that manatees may occur in the work area, that work should
cease if a manatee approaches the work area, work should not resume until the manatee leaves the
work area, and procedures for reporting the death or injury of a manatee. These guidelines are
available on our web site at < http://nc-es,fws.gov/mammal/manatee guidelines.pdt>. The risk to
manatees could be reduced to an acceptable level by the implementation of the Service's
guidelines. The risk would be further reduced by performing the work during the period of
November through May.

With the inclusion of the Service manatee guidelines as penl1it conditions, the Service would
concur with a determination by the District Engineer that the action is not likely to adversely
affect species designated as threatened, endangered, or their designated critical habitat. However,
the requirement of section 7 would need to be reconsidered if: (1) new information reveals

"

3

impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in a manner that was not
considered in this review; or, (3) a new species is listed or critical habitat determined that may be
affected by the identified action.

Service Concerns and Recommendations

While the Service is concerned about the loss of any coastal marsh, we recognize the small extent
of impacts and the fact that the work is in a man-made canal. We also recognize that the proposed
bulkhead would be placed in basically the same position as the "old dilapidated bulkhead," and be
approximately four feet waterward ofNHW. Furthermore, project drawings indicate that there
would be no intertidal zone waterward of the new bulkhead. Therefore, there would be no habitat
for coastal marsh underneath the proposed structures.

With simple measures to protect the manatee, we do not believe the activities described in the PN
and FIR would have significant adverse and/or irreversible effects on fish and wildlife resources.
Therefore, the Service has no objection, from the standpoint of fish and wildlife under our
jurisdiction, to the issuance of a DA pennit for the proposed activities.

The Service appreciates the opportunity to comment on this permit application. If you have
questions regarding these comments or wish to discuss the development of the coordinated federal
position, please contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at <
[e-mail] >. Please provide this office with a copy of the coordinated federal
position, if one is developed.

cc:

Ron Sechler, NOAA Fisheries, Beaufoli, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC