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HomeMy WebLinkAbout20051829 Ver 1_Complete File_20050930A-TF DS-?82q DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS R O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division December 1, 2005 Action ID No. 200501227 and State Permit No. 164-05 Gary Singleton 121 W. Drewry Lane Raleigh, North Carolina 27609 Dear Mr. Singleton: ag @ R M [a 5 DEC 6 2005 DENR - WATkR QUALITY WETLANDS MND ST0pJMATER BRANCH Reference your application for a Department of the Army permit to construct approximately 58 linear feet of bulkhead and fill 460 square feet of coastal wetlands located at Lots 1 and 2, North Shore Drive, at the intersection of Cobia Street and North Shore Drive, adjacent to a man made canal, which is a tributary to Jinks Creek, in Sunset Beach, Brunswick 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 (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office 1 Enclosure Copies Furnished without enclosure: Ms. Cyndi Karoly Division of Environmental 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 0f VArF9 Michael F. Easley, Governor ?O? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > Alan W. Klimek P.E., Director Division of Water Quality _ Coleen H. Sullins, Deputy Director Division of Water Quality October 4, 2005 Gary Singleton 121 W. Drewry Lane Raleigh, NC 27609 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Lot 1 & 2, Block 14-11, North Shore Drive Sunset Beach DWQ Project # 051829 Brunswick County Dear Mr. Singleton: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity located on your property on Lot 1 & 2, Block 14-R, North Shore Drive in Sunset Beach, in Brunswick County. This approval allows you to: 1. Build 58 linear feet of bulkhead along the two canal front lots. 2. Fill 590 Square feet of vegetated wetlands and open water (shallow bottom habitat). This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality (DWQ) Wilmington regional Office (WiRO) on September 13, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification can also be found on line at: http://h2o.enr.state.ne.us/nc*wet]ands/cei-ts.htm]. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal Stormwater. In addition, this approval will expire when the accompanying LAMA Permit expires unless otherwise specified in the General Certification. Please be aware that if you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below and on the following page: 1. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally Page Two Gary Singleton DWQ Project # 051829 October 4, 2005 2. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. Please read the conditions associated with General Certification # 3400 (enclosed) and if you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #051829 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. SKerell ?Z Alan W. Klimek, E., Director Division of Water Quality Enclosures: GC # 3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Henry Wicker DCM WiRO - Jim Gregson DCM Morehead - Doug Huggett Land Management Group - Greg Finch 401 Oversight/Express Review Permitting Unit - Ian McMillan WiRO mom-.= ?AUWAPE wr Page Two Gary Singleton DWQ Project # 051829 October 4, 2005 2. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. Please read the conditions associated with General Certification # 3400 (enclosed) and if you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #051829 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. Sincerel Alan W. Klimek, E., Director Division of Water Quality Enclosures: GC # 3400 . Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Henry Wicker DCM WiRO - Jim Gregson DCM Morehead - Doug Huggett Land Management Group - Greg Finch 401 Oversight/Express Review Permitting Unit - Ian McMillan WiRO TH] n N0? =r A cr-, 1 AMA 0 fob Cj s =FHR. X00 D asgyosTrFR S WQC #3400 'If I 118 CAMA PERMIT CERTIFICAk aON F G ENERAL CERTIFICATION FOR PROJECTS ELIGIBLE OR'C? F ?t?tG JE M T GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 26 .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B.0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC # 3400 Certification of Completion DWQ Project No.: Applicant: Project Name: County: Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date 401 Permits Issued Subject: 401 Permits Issued From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Tue, 04 Oct 2005 13:21:41 -0400 To: Ian McMillan <Ian.MeMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Henry. M.Wicker.JR@saw02.usace.army.mil, Doug Huggett <Doug.Huggett@ncmail.net> The following 401 permits have been issued: Gary Singleton DWQ # 2005 1829 Brunswick County John Craig, Jr. DWQ # 2005 1821 Brunswick County Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 I of 1 10/4/2005 1:31 PM SEP.30.2005 9:40AM NCDENR WIRO North Carolina Department of Environment and Natural Resources Division of Coastal Management H0.157 P.2/20 A a UWA ? ;1 A7 006 r PAR 00 Michael F. Easley, Governor Charles S, Jones, Director WiNam G, Ross Jr, Secretary September 13, 2005 MEMORANDUM: TO: Linda Lewis and Noelle Lutheran Division of Water Quality V? SEP 0 zoos e?tr:'cfi FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Gary Singleton Project Location: Lots 1 and 2, Block 14-R, North Shore Drive, adjacent to a man-made canal, which is tributary to Jinlcs Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to construct approximately 8 linear feet of bulldiead along m,o canal front lots. Please indicate below your agency's position or viewpoint on the proposed project and rerum this form by October 6, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at (910) 796-7290, 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. SIGNED This agency objects to the project for reasons described in the attached comments. DATE 127 Cardinal Drive FA, Wilmington, North Carolina 28405-3845 Phone. 910-796-72151 FAX, 910-395.39641 Internet: www,nccoastalmanagement,net An Equal Opportun!ly 1 Affirmative Action Emp:eyor - 50 io Recycled 110% Post consumer Paper SEP-30-2005 FRI 08:17 TEL:9197336893 NAME:DWQ-WETLANDS P.' 2 SEP.30.2005 9:41AIl MCDENR WIRO 110.157 P.3i20 ' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I 1. APPLICANT'S NAME: Gary Singleton 2. LOCATION OF PROJECT SITE: Lots 1 and 2, Block 14-R, North Shore Drive, adjacent to a man-made canal which is tributary to Jinks Creek, in Sunset Beach, Brunswick County. Photo Index -2000:1-5, L15 1995: 1-5,L19 1989: 193-8, MI5 State Plane Coordinates - X: 2152022 Y; 45305 GPS - 8080216A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/03/05 02/22/05 07/26/05 08/02/05 Was Applicant Present - No Yes No No 5. PROCESSING PROCEDURE: Application Received - 08110105 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Town of Sunset Beach Land Classification From LUP - Conservation (S) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Onsite septic system Planned- N/A (F) Type of Structures: Existing- Bulkhead, Purflow onsite septic systems Planned- 58 linear feet of bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [ARE, A] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 460 sq. ft, (B) Non-Vegetated Wetlands (Open Water) 130 sq. ft. (C) Other - Highground disturbance 1,000 sq. ft. (D) Total Area Disturbed: 1,590 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Closed 8. PROJECT SU1VI117ARY: The applicant proposes to construct approximately 58 linear feet of bulkhead along two canal front lots. SEP-30-2005 FRI 08:17 TEL:9197336893 FJAME:DWQ-WETLANDS P.I 3 .SEP.30.2005 9:41RM NCDEt'IR WIRO [10.157 P.4/20 'Mr. Gary Singleton September 8, 2005 Page 2 9. PROJE, CT DESCRIPTION The project site consists of two canal front lots (Lots 1 and 2, Block 14R, North Shore Drive) located at the intersection of Cobia Street and North Shore Drive, adjacent to a man-made canal which is tributary to rinks Creek, within the Town of Sunset Beach, in Brunswick County. Directions from the Sunset Beach bridge are as follows: turn left immediately after crossing the bridge and causeway onto North Shore .Drive; follow North Shore Drive to 6th Street; turn right onto 6th Street and continue to Canal Drive; turn left onto Canal Drive and proceed east to Cobia Street; turn left onto Cobia Street and proceed to North Shore Drive (on right). The subject lots are located at the intersection of Cobia Street and North Shore Drive and are the first two lots on the left (canal side) of Cobia Street. The two canal front lots each measure approximately 50 feet in width by approximately 100 feet in depth. The combined shoreline length for the two lots is approximately 101 feet. The elevation of the high ground area of the lots averages approximately 4,5 feet above mean sea level (MSL). High ground vegetation consists primarily of native dune and lawn grasses. Existing structures on the lots consist of the following: two Purflow septic systems installed just landward of the 75' Estuarine Shoreline Area of Environmental Concern (AEC); an existing wooden bulkhead which extends approximately 40 feet along the northwestern side of Lot 1; and a portion of an existing vinyl bulkhead that extends approximately two feet onto Lot 2 from the adjacent lot to the east (Lot 3). The bulkhead on Lot 3 was authorized under CAMA Major Permit No. 35-00, issued to Edward M. and Dina E. Gore on March 8, 2000. This permit authorized the construction of a bulkhead and associated baekfill along hots 1-29 North Shore Drive. The bulkhead construction along Lots 3-29 has been completed. The bulkhead along Lots 1 and 2 was not completed under Permit No. 35-00 due to the fact that the lots are now under separate ownership and due the location of the coastal wetland line on the property. Near the property shoreline, along the common property line of Lots 1 and 2, is an area of erosion that appears to be the result of surface water runoff from the adjacent public road and the scouring effect of boat wakes and currents on the return wall end section of the existing bulkhead located on Lot 1. This area of erosion measures approximately 12 feet in width by approximately 25 feet in length and extends to the edge of the man-made canal. Due to the elevation, the eroded area is now vegetated with mixed coastal wetland species consisting primarily of Sea Lavender (Lilnoniwn carolinianuna) and Salt Meadow Grass (Spartina patens) in the upper portion (approximately 300 square feet) and Smooth Cordgrass (Spartina alterniflora) in the lower portion adjacent to the canal (approximately 50 square feet). Other marsh species present in this eroded area include Sea Blite (Suaeda linearis), and Sea Ox-eye (Borrichia frutescens). Along the remaining 58 feet of unstabilized shoreline there is a 2-4 foot wide border of Spartina patens transitioning to a 5-10 foot wide border of Spartina alterniflora, The remaining bulkheaded shoreline along Lot 1 and along the Cobia Street Right-of-Way is void of wetland vegetation. The normal high water line (NMV) in this area approximates the alignment of the adjacent bulkheads, however, it does extend landward along the return wall end section on the east end of the existing bulkhead on Lot 1, to a point approximately even with the end of the return wall, following the deeper area of the washout scour. SEP-30-2005 FRI 08:18 TEL:9197336893 NAME:DWO-WETLANDS P.I 4 SEP. 30.2005air 9:41AM NCDENR WIRO HO. 157 P.5/20 September 3, 2005 Page 2 A portion of this coastal wetland area (approximately 200 sq. ft.) was filled by the applicant during the grading of the site for the installation of the above mentioned sgptic systems. A Notice of Violation (DCM Case No. 05-10D) was issued to Mr. Singleton on February 22, 2005, for this filling activity. The Notice of Violation required Mr, Singleton to remove the fill material from the wetland area. The fill material was removed by Mr, Singleton and the area was stabilized with erosion control matting. The waters of the man-made canal are classified SA by the North Carolina Division of Water Quality; The area is not designated as a Primary Nursery Area by the North Carolina Marine Fisheries Commission and it is closed to the harvesting of shellfish. PROPOSED PROJECT The applicant is proposing to bulkhead the remaining unstabilized shoreline of Lots 1 and 2. The bulkhead would be constructed of wood, vinyl or metal sheets and would run in straight line for approximately 58 limar feet between the adjacent vinyl bulkhead on Lot 3 and the waterward side of the existing bulkhead on Lot 1, This alignment would incorporate the coastal wetlands in the eroded area mentioned above, as well as, additional coastal wetlands (primarily Spartina patens) along the remainder of the alignment. The bulkhead would average approximately 3 feet landward of the NHW line for the eastern most 40 feet. From this point westward (the remaining 18 linear feet), the bulkhead would be located waterward of the NHW line. In this area the bulkhead would average approximately 5 feet waterward of NHW. At its connection point with the existing bulkhead on Lot 1, the new bulkhead would be approximately 8.5 feet waterward of the NHW line for a distance of approximately 2-3 linear feet. The applicant estimates that approximately 7 cubic yards of backfill material would be placed below the NHW line. 10. ANTICIPATED PACTS The proposed bulkhead construction with associated backfill and tie back/anchor system would result in the incorporation of approximately 460 square feet of coastal wetlands and the disturbance of approximately 1,000 square feet of high ground. Approximately 50 square feet of the coastal wetlands to be impacted is vegetated with Spartina alterniflora. The bulkhead backfill would also result in the filling of approximately 180 sq. ft. of Estuarine Waters and Public Trust Area. Submitted by: Arn Gregson Date: 09109105 Office: Wilmington SEP-30-2005 FRI 08:18 TEL:9197336893 NAME:DWQ-WETLANDS P. 5 ,SEP.30.2005 9:41AW FICDENR WIRO Form DCbi-MP-1 APPLIlEATION (To ba completed by all Applicants) 1. APPLICANT a. Landowner: Name Gary Singleton Address 121 W. Drewry Lano City P.aleigh State NC H0.157 P.6/20 pCtil ???? 1 ? b. City, town, community or landmark Sunset Beach Street rddrr,R or secondary road number Lot 1 and 2, Block 14-R, North Shore Drivfi d. Is proposed work within city limits or planning jurisdiction? , x Yes No e. None of body of water nearest project (e.g. river, creek, sound, bay) Man-made canal off Jlnk s Creek Zip 27609 Day Phone 919-420-0370 Fax NA 3. DESCREMON AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Land Management Group. Ina a. List all development activities you propose (e.g. building a house, motel, marina, bulkhead, pier, and Land Management Group, Inc. excavation and/or filling activities, Address P.O. eox 2522 Standard actlvit'es associated with the construc?ion of a bulkhead. City _-Wlminriton State N.C, Zip 29402 ,r I)ay Phone 9Lo-462-QocQ1 Fax _ 910-1524)oso e, Project flame (f ally) Lot 1 8 2, North Share Ofte, Sunset Beach M7E. POWir Y a be Lruud in RQnW r?Icp,downer(iJ, 0,VM profsd namt. b. Is the proposed activity maintenance of an existing project, new work. or both? New work. c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of coaMuction and daily operations of proposed pmjoct. If more apace. is needed, please such Witional pages. See attached project narmt vo. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick 1ttQiud 03NS SEP-30-2005 FRI 08:18 TEL:9197336893 NAt'1E:DWQ-WETLANDS P.j 6 .SEP.S0.2005 9:41AN hCDENR WIRO [10.157 P.7/20 Form DCH-W-1 a. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.4B acres b. Size of individual lot(s) 0.23, 0.23 acres c. Approximate elevation of tract above MHW or NWL _ _ Approx. 4' to 5' MSL d. Soil type(s) and texture(s) of tract Newhan fine sand, Corolla fine sand e. Vegetation on tract Native grasses. f. Man-made features now on tract None g. What is the LAMA Land Use Plan land classification of the site? fcmwulj the loci land use plan.) X Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? BR2 i. Is the proposed project consistent with the applicable zoning? _ _ x Yes No (A=CA :using --pay m arrilfattc, (fTpucabls) j, Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? NA k. Is the projod located is a National Registered HiMric District or does it involve a National Register listed or eligible proputy'I Yes X No I. Are there wetlands on the site? - x Yes No Coastal (marsh) X Other x If yes, has a deline4on been conducted? Y22 (A=,h doav,?ssratlars, (J'assiloj Retired 03195 Jul /`??y r?? PTO" O m. Describe existing wastewater treatment facrl,ues. Septic -tem. n,, Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and rmidential discharges,) l.imlted 4nrfacir nrnoff. o. Describe existing drinking water supply source. Sunset Beach MferSV.eijt? S. ADDITIONAL MORMATION In addition to the completed application form, the following items must be submitted: o A copy of the dmd (with state application only) or other instrutnentunder 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 instrumont under which the owner claims tide, plus written permission from the owner to carry out the project. o An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black Ink on an 8 1/2' by IV white paper, (Refer to Coastal Resources Commission Rule 71,0203 for a detailed description.) Ptem note that original drawings are prcfmcd and only high quality copies will be acecptcd. Blue-line prints or other larger plrtx are acceptable only if an adequate number of quality copies are provided by cppli=t. (Contact tho U.S. Army Corps of Engineers regarding that cgency's use of larger drawings,) A site or location map is a part of plat requirements and it must be sufficiently deuiled to guide agency personnel unfamiliar with the area to the SEP-30-2005 FRI 08:18 TEL:9197336893 NAME:DWO-WETLANDS P. 7 •SEP.28.2805 9:42AM NCDENR WIRO [10.157 P.8i20 Form DCNI-MP-1 1000044 site. Include highway or secondary toad (SR) numbers, Iandmarim, and tho like. ° A Stormwater Certification, if one is necessary. ° A list of the names and complete Addre= of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have rocdvtd a copy of the applicatian and plats by certified mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Edward M_ Sr. and Dinah H. Coro Address 435 West Shoreline Drive Sunset Beach. NO 29468 Phone m _ Name Town of Sunset Beach do Linda Fluevel Address 700 Sunset Boulevard North phone ado-?7s?8oa NaMe, NA Address Phone. A list of previous state or federal permits issued for work an the project tract. Include permit numbers, permittee, and issuing dates. LAMA Major Permit # 35-00 ° A check for $250 monde payable to the Department of Euviron acd, Health, rind Natural Resources (DEHNR) to cover the costs of processing the application. O,A signed AEC hazard notice for pmjc = in oceanfront and inlet areas. ° A statement of compliance w M the NX, Environmental Policy Act (N.C,G.S. 113A - 1 to 10) If the project involves the expwditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Itesbed (13/95 6. CRRTMCATION AND F&gliA& TO ENTER ON LAND I undetstaad that any permit issued in response to this cppticztion will allow only the development described in the applicuion. Tiro project wr71 be subject to conditions Lod restrictions contained N the permit. I Cctti£y that to the bat of my knowledge, the proposed activity complies with the Stato of North Carolina's approval 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 pc=issioa to representatives of state and federal review agencies to enter on the aforemenUoncd lands In connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this applicction Is truthful to the best of my knowledge. This is the 11 day of . .luiy . 20 . Print Nano Signature /22L;4 T MV Lcsdoxn,cr AAuthorurd Age Please indicate attachments pertaining to your proposed praj=. X DCM W-2 Excavation fund Fill Information .-.- IDCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOM- Please sign acrd date each allachnw t in the space provided at time bottom of each form. SEP-30-2005 FRI 03:18 TEL:9197336893 HANE:DWQ-WETLANDS P., 8 •SEP.30.2005 9:42AM NCDENR WIRO 110.157 P.9i20 i Form DCbi MI'-Z i EA A I N T 4 -l '?? ail; ,y ! AND IPILLr Op?c (Except bridges and culverts) Attach this form to Joint Application fnr CAMA MAjor Permit, Form DCM-MP-I. Ra suro to complcw all other sections of the Joint Application that retain to this proposed project. Describe below the purpose of proposed excavation or fill activities, All values to be given in feet. Requested Outer Access Channel Dredging (MLV) Permitted Entrance Channel E*di Mato rXgM wtdtb LRPM NA NA Permittod Boat Basin Boat ramp Rock groin Rock breakwater Other (Excluding lhomum su6biI4400 Revtscd 03195 NA NA NA NA NA 1. EXCAVATION a. -Amount of material to be excavalW from below NIRW or NWL in cubic yards NA b. Type of material to be excavated NA c. Dees th© area to bo excavated include coastal wcdands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes E No d. Highground excavation in cubic yards NA 2. DISPOSAL OF EXCAVATED MATERIAL a, Location of disposal area N b. Dimensions of disposal area NA c. Do you claim tide to disposal area? Yes NA No If oo, attach a letter granting permission from ttte OWner. NA d. Will a disposal area be available for future maintenance? Yes rJ A No If yes, where? NA SEP-30-2005 FRI 08:19 TEL:9197336893 NAME:DWO-WETLANDS P. 9 -SEP.30.2905 9:42AH NCDEHR WIRO ]Form DCM-MP-2 e. pots the disposal area includo any coastal wedands (marsh), SAVs or other wetlands? Yes NA No f. Does the disposal include any area in the water? Yes NA No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead _ Hiprap b, Length 58.17' c. Average distance watcrward of NfHW or NWL 0 d. Maximum distance waterwud of MHW or NWL 8.5', NHW e. Shoreline erosion during preceding 12 months NA (Source of iqforr odon) f Type of bulkhead or riprap material Wooden Bulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap NA (2) Bulkhead backfdl 7 al below NNW line h. Type of fill material sand i. Source of fill material rontcjFtor 4. OTHER ML ACTIVITIES (Excluding Shoreline StablllzAtion) a. Will fill material be brought to site? Yes X No Revised 03195 N0.157 P.10/20 0'00' If yes, ? ?•.? r??l;?^ (1) Amount of material to be p 312 11 in the water Na (2) Dimensions of fill area NA (3) Purpose of fill NA h. Will fill material be Placed In coastal wctlands (marsh), SAVs or other wetlands? NA Yes NA No If yes, (1) DimemionS offal area NA . (Z) purpose of fill NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead with fitter cloth. Seeding. b. What We of canstntction Equipment will be used (for example, drugline, backhoe, or hydraulic dredge)? Backhoe, dumptn,ck ip Ing 62-. e. Will wetlands be cr5ssed in transporting equipment to project site? Yes -_ No If yes, explain steps that will be taken to lessen environmentallmpa=. NA +c Nt' 1v)G AppUmt or pmjtd Abuse 1 11 If 17r,1C D.-.m SEP-30-2995 FRI 08:19 TEL:9197336893 NANE:DWQ-WETLANDS P. 10 SEP-30-2005 FRI 08:19 TEL:9197336393 HAME:DWQ-WETLANDS P. 11 Hl') t S, P. 12/20 NAME:DWQ-WETLANDS r. 1C SEP-30-2005 FRI 08:19 TEL:9197336893 ,In ,cam 0 9Q/ACA SEP-30-2005 FRI 03:19 TEL:9197336893 NAME:DWQ-WETLANDS P.1 13 1, ?,1 1 c" 0 9 :4 I X-l SEP-30-2005 FRI 03:20 TEL:9197336393 NAME:DWQ-WETLANDS P. 14 80.2005-,. 9:40Ar1_-'JCDE 4R WIRO Existing Elevation/Grade (Approx 4') A 110.157 P.15i20 /4 J//1 71 Wetland Line Normal High Water-10 20 ' 0S Proposed Grade Bank /r_a?, A' Lot 1 & 2, Noah Shoro DOva Bulkhead Crass Section r'ww 6/2912005 Owe NA ,hand Jt an? & ru?+ ?ivu?Lro4?srwnfaL Y3vneulfanLL Root o??., S ew 2522 n+tesgrany rYarl/„ iSamo(lma, 88902 910-a52-0001 1^a2' °mbu 02.05204 ?+n ehim QSF Numer. 3 c( 3 SEP-30-2005 FRI 08:20 TEL:9197336893 NAh1E:DWQ-WETLA1ADS P. I 15 NOTE: Typical Bulkhead Construction. Actual Construction Details and Materials Per Contractor. Not For Construction, 'ISEP.30.2005_ 9:43'AM--'NCDENR At r 1 + ?, M1 ?• ? rll I• I0. 157 6/20 - ? y?) - ?N}•?y°'Q ?rxh Mfr. y ?- F - J f.-. - ?UeuP Y!P " ??':/ter'. ll. w, her i Vp.- b M W ? MrNG Oj, .?.:.. J.. NC N Land Management Group, Inc. GS TOPOGRAPHIC Environmental Conaultanta I? O. Box 2522 MAP Wilmington, NC 213402 910-452-0001 little River TV Quad C AA Major Permit Application, Lot 1 & 2, North Shoro Drive, Sunsot Beach AAW-MIL Gary Singleton ,lob #: 02-05-204 Date: 13/7/05 het 1 of 3 SEP-30-2005 FRI 08:20 TEL:9197336893 NAME:DWQ-WETLANDS P.j 16 1.2 2.4 SCALE V = 2.4 miles SEP.30.2005 9:44PM NCDENR WIRO H0.157 P.17i20 IVED ?c?esz ??N I ti 2005 ???inl?e?fv.sj ?{?o:l/e r6'a?alisurk'S?O? ,???>o ??z-aoa? ? --------------- Saar ??o.yse-ooso f?lssl ? ,llors6 ?ufa 94 ?a?+1rJ?'. Jrjaldrni+v ?o?nr?iy?uwe?rU?'f'ira?3''rurC r'Jl; y3's?4?en•.-/(v,.7on., S9d6 ?l'rl?I /sMll?s.:lMenl? S. ?'.n.? Jressrdr ?li/n:tsr??.ryS.?f?PS?09 9/7/05 Jim Gregson Division of Coastal Management 127 Cardinal Drive Extension, Wilmington, N.C. 284053845 Re: CAMA Major Permit; Lot 1 & 2, N. Shore Dr., Sunset Beach; Gary Singleton Jinn, Enclosed are the corrected Sheets as requested. Please call me if you have any questions or need additional information. Sincerely, Greg Finch Environmental Scientist Enclosures SEP-30-2005 FRI 03:20 TEL:919733ee93 NAME:DWQ-WETLANDS P. 17 .30.2005- 9: 44Ah1--NCDE AR WIRO -410.157--P. 1 Existing ElevationlGrade (Approx 4') A `Eroding Wetland Line Normal High Water Proposed Grade Bank Cap I Water I Tie Back Rod (TYP) Wood, Metal, or Deadman Vinyl Bulkhead I Filter Cloth I Depth Per ??. Contractor NOTE; Typical Bulkhead Construction. Actual Construction Details and Materials Per Contractor. Not For Construction. r•, J F 0 4' vUU Lot 1 S 2, Notch Shore Dove Ito; Bulkhead Cross Section PW+: RMrm 82812005 paw NA 6.14,rm,,4a" ?i a,wuUwits Yod ClAc., Slam 2522 y Xwrth 1Ga"4no 28#02 9 • 9f0-1155-000! NTS Inumtr. 02-05204 GSF I Num4a; 3 CM SEP-30-2005 FRI 08:21 TEL:9197336893 NAME:DWQ-WETLANDS P.' 18 SEP, SD.2005 9:44A1 NCDEHR l1IR0 Canal 110.157 P.19/20 UXA" MM s tc K.9hors r, u R Canal Dr.' ? 2th St. Main sc. , Np 7?a 'N 43304-5'24k Non?al High Watch Gf5`-4G' 1 An rj0'76' ??---- 545.1x''` Fxmtulq m• Frop ted Wood DulkhCad d lkh j f-xmtgng Woo Bulkhead ea Waga 4 Lno wood Bu (?. 30 (^ (.O I Lot 2 • u r ACRT5 Q l N 0. 13 ACRES , Q Coordmate5 j -- B 15 Coord inn4t o Lot 3 ( y (n 75 A.E.C. Gne . _M zz.a r z2.o' I Q ' N Septrc + n F ( 5.D' ( ( m Rebar Fd l 16 50 ? = 50.27 - _- . • 5 73°4G' 19" W North 5hore Drive 30' I-/W Np" 4Wjrd Urj 5meyara, P.A. FOCS SEP-30-2005 FRI 08:21 TEL:9197336893 NAME:DWQ-WETLANDS P.! 19 SEP.90.2005 9:44AH [ACDENR WIRO -410. 157-?. mown Mop 51W Canal pr. I2 Svll ? ?? ???V Main 5t. No Ala . Canal N 8304-512-4 Noi*na1 tbgh Wat - reO JG'l `4" f- 50,7G' 43 N L SEP-30-2005 FRI 08:21 r 1•rri I [??9tmgWoo bulkhead ? Pro sed W ' dt,raWoad ?Ikhead i 30' Buffer i g0' Buffer N Lot I ti 0.3 ACt? ?n I '- m O. 13 ACRE By Coordinates By Coordinates 1$ 4 z 1 -- 1-+re TEL:9197336893 f NAME:DWQ-WETLANDS ''nt?5 Lot 3 G d)P G ?1 ?A ? P. 20 i I N 5ep?c m ? ?epric v I Rebar Fd 50.27' 50,16' INA 4rm 4 Ward Land 5u`vgcrs, P.A..".003 SEP-30-2005 FRI 08:21 TEL:9197336893 NAME:DH0-WETLANDS P. ', 20 SEP.30.2005 9:40AM HCDEHR WIRO 110.157 P. 1/20 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: Q?`7 No. Of P es: To: From: ??,.4 ?tc?v?? ,u?uw¢' CO: gttlt2' CO: G it IY2_ F #: FA-x,#: 91D-350-2004 REMARKS 127 Cardinal Drive Extension, Wilmington. N.C. z84 05-3845 Telephone (910) "&Y AO Fax (910) 350-2004 An Equwl Opportunity Afiirmativo Action Employer SEP-30-2005 FRI 03:17 TEL:919733E393 NAME:DWQ-WETLAPJDS P.i 1 Lb - I u Ai ?' a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 13, 2005 MEMORANDUM: TO: Cyndi Karoly [Rv??V1A5 Supervisor 401 Oversight and Express Permits flit 2005 Division of Water Quality-Surface Water Protection0cj 3 DEHR - WATER DUALITY FROM: Doug Huggett, Major Permits Coordinator t:>t?aaosTanwnzEaaawicf+ SUBJECT: CAMA & Dredge and Pill Permit Application Review Applicant: Gary Singleton Project Location: Lots 1 and 2, Block 14-R, North Shore Drive, adjacent to a man-made canal, which is tributary to Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to construct approximately 58 linear feet of bulkhead along two canal front lots. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at (910) 796-7290, 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: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gary Singleton 2. LOCATION OF PROJECT SITE: Lots 1 and 2, Block 14-R, North Shore Drive, adjacent to a man-made canal which is tributary to Jinks Creek, in Sunset Beach, Brunswick County Photo Index - 2000: 1-5, L15 1995: 1-5,L19 1989: 193-8, M15 State Plane Coordinates - X: 2152022 Y: 45305 GPS - S080216A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/03/05 02/22/05 07/26/05 08/02/05 Was Applicant Present - No Yes No No 5. PROCESSING PROCEDURE: Application Received - 08/10/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Town of Sunset Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Onsite septic system Planned- N/A (F) Type of Structures: Existing- Bulkhead, Purflow onsite septic systems Planned- 58 linear feet of bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non-Vegetated Wetlands (Open Water) 460 sq. ft. 130 sq. ft. (C) Other - Highground disturbance 1,000 sq. ft. (D) Total Area Disturbed: 1,590 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to construct approximately 58 linear feet of bulkhead along two canal front lots. Mr. Gary Singleton September 8, 2005 Page 2 9. PROJECT DESCRIPTION The project site consists of two canal front lots (Lots 1 and 2, Block 14R, North Shore Drive) located at the intersection of Cobia Street and North Shore Drive, adjacent to a man-made canal which is tributary to Jinks Creek, within the Town of Sunset Beach, in Brunswick County. Directions from the Sunset Beach bridge are as follows: turn left immediately after crossing the bridge and causeway onto North Shore Drive; follow North Shore Drive to 6th Street; turn right onto 6th Street and continue to Canal Drive; turn left onto Canal Drive and proceed east to Cobia Street; turn left onto Cobia Street and proceed to North Shore Drive (on right). The subject lots are located at the intersection of Cobia Street and North Shore Drive and are the first two lots on the left (canal side) of Cobia Street. The two canal front lots each measure approximately 50 feet in width by approximately 100 feet in depth. The combined shoreline length for the two lots is approximately 101 feet. The elevation of the high ground area of the lots averages approximately 4.5 feet above mean sea level (MSL). High ground vegetation consists primarily of native dune and lawn grasses. Existing structures on the lots consist of the following: two Purflow septic systems installed just landward of the 75' Estuarine Shoreline Area of Environmental Concern (AEC); an existing wooden bulkhead which extends approximately 40 feet along the northwestern side of Lot 1; and a portion of an existing vinyl bulkhead that extends approximately two feet onto Lot 2 from the adjacent lot to the east (Lot 3). The bulkhead on Lot 3 was authorized under CAMA Major Permit No. 35-00, issued to Edward M. and Dina E. Gore on March 8, 2000. This permit authorized the construction of a bulkhead and associated backfill along Lots 1-29 North Shore Drive. The bulkhead construction along Lots 3-29 has been completed. The bulkhead along Lots 1 and 2 was not completed under Permit No. 35-00 due to the fact that the lots are now under separate ownership and due the location of the coastal wetland line on the property. Near the property shoreline, along the common property line of Lots 1 and 2, is an area of erosion that appears to be the result of surface water runoff from the adjacent public road and the scouring effect of boat wakes and currents on the return wall end section of the existing bulkhead located on Lot 1. This area of erosion measures approximately 12 feet in width by approximately 25 feet in length and extends to the edge of the man-made canal. Due to the elevation, the eroded area is now vegetated with mixed coastal wetland species consisting primarily of Sea Lavender (Limoniunt carolinianum) and Salt Meadow Grass (Spartina patens) in the upper portion (approximately 300 square feet) and Smooth Cordgrass (Spartina altendflora) in the lower portion adjacent to the canal (approximately 50 square feet). Other marsh species present in this eroded area include Sea Blite (Suaeda linearis), and Sea Ox-eye (Borrichia frutescens). Along the remaining 58 feet of unstabilized shoreline there is a 2-4 foot wide border of Spartina patens transitioning to a 5-10 foot wide border of Spartina alterniflora. The remaining bulkheaded shoreline along Lot 1 and along the Cobia Street Right-of-Way is void of wetland vegetation. The normal high water line (NHW) in this area approximates the alignment of the adjacent bulkheads, however, it does extend landward along the return wall end section on the east end of the existing bulkhead on Lot 1, to a point approximately even with the end of the return wall, following the deeper area of the washout scour. Mr. Gary Singleton September 8, 2005 Page 2 A portion of this coastal wetland area (approximately 200 sq. ft.) was filled by the applicant during the grading of the site for the installation of the above mentioned septic systems. A Notice of Violation (DCM Case No. 05-10D) was issued to Mr. Singleton on February 22, 2005, for this filling activity. The Notice of Violation required Mr. Singleton to remove the fill material from the wetland area. The fill material was removed by Mr. Singleton and the area was stabilized with erosion control matting. The waters of the man-made canal are classified SA by the North Carolina Division of Water Quality. The area is not designated as a Primary Nursery Area by the North Carolina Marine Fisheries Commission and it is closed to the harvesting of shellfish. PROPOSED PROJECT The applicant is proposing to bulkhead the remaining unstabilized shoreline of Lots 1 and 2. The bulkhead would be constructed of wood, vinyl or metal sheets and would run in straight line for approximately 58 linear feet between the adjacent vinyl bulkhead on Lot 3 and the waterward side of the existing bulkhead on Lot 1. This alignment would incorporate the coastal wetlands in the eroded area mentioned above, as well as, additional coastal wetlands (primarily Spartina patens) along the remainder of the alignment. The bulkhead would average approximately 3 feet landward of the NHW line for the eastern most 40 feet. From this point westward (the remaining 18 linear feet), the bulkhead would be located waterward of the NHW line. In this area the bulkhead would average approximately 5 feet waterward of NHW. At its connection point with the existing bulkhead on Lot 1, the new bulkhead would be approximately 8.5 feet waterward of the NHW line for a distance of approximately 2-3 linear feet. The applicant estimates that approximately 7 cubic yards of backfill material would be placed below the NHW line. 10. ANTICIPATED IMPACTS The proposed bulkhead construction with associated backfill and tie back/anchor system would result in the incorporation of approximately 460 square feet of coastal wetlands and the disturbance of approximately 1,000 square feet of high ground. Approximately 50 square feet of the coastal wetlands to be impacted is vegetated with Spartina altendflora. The bulkhead backfill would also result in the filling of approximately 180 sq. ft. of Estuarine Waters and Public Trust Area. Submitted by: Jim Gregson Date: 09/08/05 Office: Wilmington Form DCM-MP-2 ?U? Mi,??TO?O APPLILIATION, BUJ (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Gary Singleton Address 121 W. Drewry Lane City Raleigh State NC Zip 27609 Day Phone 919-420-0370 Fax NA b. Authorized Agent: b. City, town, community or landmark Sunset Beach c. Street address or secondary road number Lot 1 and 2, Block 14-R, North Shore Drive d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Man-made canal off Jink's Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Land Management Group, Inc. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Land Management Group, Inc. excavation and/or filling activities. Address P.O. Box 2522 Standard activities associated with the construction of a bulkhead. City Wilmington State N.C. Zip 28402 Day Phone 910-452-0001 Fax 910-452-0060 c. Project name (if any) Lot 1 & 2, North Shore Drive, Sunset Beach N07E Pem* will be issued in name of landow s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick b. Is the proposed activity maintenance of an existing project, new work, or both? New work. c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See attached project narrative. RevLwd 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.46 acres b. Size of individual lot(s) 0.23, 0.23 acres c. Approximate elevation of tract above MHW or NWL Approx. N to 5' MSL d. Soil type(s) and texture(s) of tract Newhan fine sand, Corolla fine sand e. Vegetation on tract Native grasses. f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? B R2 L Is the proposed project consistent with the applicable zoning? x Yes No (Attach Zoning coffpUance "rtif tale, if applicable) j• Has a professional done for the tract? If yes, by whom?. k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x No 1. Are there wetlands on the site? , x Yes No Coastal (marsh) x Other X If yes, has a delineation been conducted? Yes 0=.h doannent-d-, I --ilablW) archaeological assessment been Yes x No NA l ?, ? ?TO?O m. Describe existing wastewater treatment Pa-c-ilities. Septic system. n; Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Limited surface runoff. o. Describe existing drinking water supply source. Sunset Beach Water System 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: O 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 on an 8 1R" by 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 prints or other larger plats are acceptable only if an adequate number 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 Reyiwd 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. A Stormwater Certification, if one is necessary. C A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be zdvised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Edward M. Sr. and Dinah H. Gore Address 435 West Shoreline Drive Sunset Beach. NC 28468 Phone NA Name Town of Sunset Beach c/o Linda Flue-gel Address 700 Sunset Boulevard North Phone 910-579-3808 Name NA Address Phone A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit # 35-00 A check for $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 of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERM 105N TO ENTER ON LAND I understand that 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 to the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approvod 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. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 11 day of July , 20 05 . Print Name Signature ?= M?...rt .1_ landowner or.4?rtJ.,k d Agent Please indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Reyhed 03/95 Form DCM-MP-2 E ?cCA?7A7P?O1T Al\\TD YaLL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. 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. Requested Outer Access Channel Dredging (MLW) Permitted Entrance Channel 'Permitted Boat Basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Ftnst Existing Project Unsth Width Depth Depth NA NA NA NA NA =? ' ':-.Eta • :,s ? t r " i NA 00, 4;44- ?-c i /0 L C',O A C 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards NA b. Type of material to be excavated NA c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes NA No d. Highground excavation in cubic yards NA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area NA b. Dimensions of disposal area NA c. Do you claim title to disposal area? Yes NA No If no, attach a letter granting permission from the owner. NA d. Will a disposal area be available for future maintenance? Yes NA No If yes, where? NA RevLsed 03195 Form DCAI-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes NA No f. Does the disposal include any area in the water? Yes NA No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization x Bulkhead Riprap b. Length 58.17' c. Average distance waterward of MHW or NWL 0 d. Maximum distance waterward of MHW or NWL 8.5, NHW e. Shoreline erosion during preceding 12 months NA (Source of information) f. Type of bulkhead or riprap material Wooden Bulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap NA (2) Bulkhead backfill 7 cy below NHW Line h. Type of fill material sand i. Source of fill material Contractor 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, n (1) Amount of material to be placed in the water NA (2) Dimensions of fill area NA (3) Purpose of fill NA b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? NA Yes NA No If yes, (1) Dimensions of fill area NA (2) Purpose of fill NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead with filter cloth. Seeding. b. C. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, dumptruck, piling rig. 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Lot 1 & 2, North Shore Drive Tale: Bulkhead Cross Section Debt: Reunion Date: 629/2005 NA 8 1102 Sy 9 910-1152-0001 b: .bb 1•=7 Number 02-05204 sheet GSF N?? 3 of 3 ?POJ 0????,??, 9&z 2522 rY,TJ?, 1??oG?,,,a, 2 k.a M Ii31fsf1N V ite - i 01 DC ECE1VEp V - M W?LMIP! ?, Gi0;1,NC J(l - 1 :1 201) 5 N CAMA Major Permit Application, Land Management Group, Inc. USGS TOPOGRAPHIC Lot 1 & 2, North Shore Drive, Environmental Consultants Sunset Beach P.O. Box 2522 MAP Wilmington, NC 28402 Applicant: Gary Singleton 910-452-0001 Little River 7.5" Quad Job 02-05-204 Date: 6/7/05 Sheet 1 of 3 0 1.2 2.4 SCALE 1" = 2.4 miles lacaton Map Site N. 5horc Dr. r Canal Dr. 12 ff. Main 5t. (?Tr No Scale If `?1(7O j Canal N 63 45'2q" E 03 7 Normal High Water 50.7 (' N G8°?I4 --- __---- . 50•2 5' J __ r. r 55,55. IZ'.- ai a Prop 5ed d lkh d B Exl5tlnq Wood Bulkhead I Ex15ting Woo Bulkhead ea u Woo Wctla d one 30' Buffer I ? . j 30' Buffer r 3 I Lot I v I- Lot 2 W o a? o N 0. 13 ACRE5 N w "16 0. 13 ACRE5 By Coordinates ° I o - By Coordinates I b o, o Lot 3 ? Z 75'A.E.C. Line 75'A E- c -Ltn-- -iU) ' /A VA tA • ? 22.0' -- 22.0' Q i o 5eptlc i I a 5eptlc U .a 5 I .a 5 _I I 6-- m Rebar Fd - _ 50.27_ 50. I G_ 5 73°4 G' 19" W North Shore Drive 30' R/W Nom5 4 Ward Land Surveyors. P.A. 2005 Site Plan North Shore Drive, Lots I t 2 Date: f:ev?on Date: G/27/2005 NA .Pool Mcf, Xom 2522 t?o,blc?,a 28/102 4Y'"9lo"/t?..• ? ./Yo?lh W-452-000f uie: yob I'-29 Number: 02-05-204 avm I 5heet GSF Number: 2 of 3 11.1 ??obe.G ? .,/loaf .rl'a?e?vJ: ?nldtniiv .% ?Brar??r?srev Jim Gregson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 ?sar?r?ro?a?rce?zlaG r6aszorc??asafa? Y,5ut ll11rcwXoxY2522 9/1ininy&nj Aatl/v q?a?oIi.#ra,28/02 gel.-WO-452-0001 Sax: 9>0-452-0060 _ 12 2-9 cJ 'Wales /4 9 3505 ?/lrf/rloalllo?r/i.crraeJlilinlrt?lwrj.-ti?(528403 9/7/05 Re: CAMA Major Permit; Lot 1 & 2, N. Shore Dr., Sunset Beach; Gary Singleton Jim, Enclosed are the corrected Sheets as requested. Please call me if you have any questions or need additional information. Sincerely, /111 r-Y -J Greg Finch Environmental Scientist &"ad"a?net ?v7au?? ?sar? tDI c??od?D SEP 2 ,? 2005 XaAB V jDSp1JD SaR :'UQUAUTY Enclosures l.-t- Map Site- N. Shore r Canal Or. 12th 5t. Main 5t. No Scale Canal N 83°45'24• E Normal high Water 4G' 14" E 50.7G' 8° 4G 50.25 58. 1Z' f? 1 m ?. S?. m• Pro sed Wood I Existing Woo Bulkhead Wood Bulkhead ? ? Wctla d Line I • I 30' Buffer r 30' B_ffer Lot I Lot 2 ?W -? w o N O. 13 ACRES O. 13 ACRE5 I = By Coordlnate5 o - By Coordlnate5 o o • o Z ! 75'A ' E ' C. Line I 75' A.E--C ?In_? cn 22.0' 22.0' I ? Q I I a j b Septic I N ? Septic U N 5.0, 5.0' J I J; Rebar Fd ! I _ 50.27_ C9- 50. I G_ 5 73°4 G' 19" W North Shore Drive 30' RNV Noms 4 Ward land 5urvcyom, P.A. 2005 Site Plan Ltlr.: North Shore Drive, Lots I t 2 )ate: Fein>on U?tc: 6/27/2005 I NA Lot 3 Xaind Aanaqwrn" t?Prou/t,, Y-0. Y,el 0/licA, goz, 2522 4q?G,,,e,tyl„ti, Nom. 'deir.&.w. 281102 9./R?th.o,t.,: 910-1152-0001 sui?: yob 1'a30' N-b- 02-05-204 awn Shea ?Y: G5F Nm,,L-; 203 Existing Elevation/Grade Wetland Line Normal High Water (Approx 4') Proposed Grade A \'?Erodirng Steep Bank n ? /Cap /-1 I Water I Tie Back Rod \ Deadman (TYPO I Filter Cloth Depth Per Contractor Wood, Metal, or Vinyl Bulkhead I I NOTE: Typical Bulkhead Construction. Actual Construction Details and Materials Per Contractor. Not For Construction. J (? 3 200J Lot 1 & 2, North Shore Drive Title: Bulkhead Cross Section Dale: R-m- Data: 6/29/2005 NA 9'001 0 • 2oz 2522 WY, ,BYO, & Vmro&?,,, 2 8 4 0 2 910-152-000! mie; JoD NTS Number 02-05204 GSF I Nambar. 30(3 05-i%aq United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 ((?? ?J October 25, 2005 ?' ! 5 V m D NOV I - 2005 Mr. Henry Wicker U. S. Army Corps of Engineers oert? • w?11:(?ttAu1Y t,cTl.f1t03P,h11 alt}iltdNAll:fl G1il?tiGli Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Action ID #200501227, Gary Singleton, Sunset Beach, Brunswick 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 September 30, 2005. The applicant, Gary Singleton, has applied for a Department of the Army (DA) permit to construct a bulkhead along two, canal-front lots. The proposed work is being considered under Regional General Permit #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 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination 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 September 8, 2005, of the North Carolina Division of Coastal Management (NCDCM). The project site is on the landward side of the barrier island occupied by the Town of Sunset Beach. The site, consisting of two lots, is adjacent to a man-made canal which is a tributary to Jinks Creek. The two lots have a combined shoreline length of 101 feet. There are existing bulkheads extending into the project site from the east and west for a total of approximately 42 feet. These bulkheads are approximately aligned with the normal high water (NHW) line. The central section of the project does not have a bulkhead and an area of erosion (washout scour) exists at the boundary between the lots. The erosion area has been colonized by marsh vegetation. The applicant proposes to construct a bulkhead along 58 linear feet of unstabilized shoreline between the existing bulkheads. The bulkhead would incorporate wetlands within the washout scour. Approximately seven cubic yards of fill material would be placed below the NHW line. The FIR states that the work would fill approximately 460 square feet (ft) of coastal wetlands, including 50 ft- of smooth cordgrass (Spartina alterniflora). The project would also fill estuarine waters, given variously as 130 ft2 or 180 ftz. 2 Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Brunswick 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 Shallotte quad. The occurrence data of special status species within this quad can be obtained on the internet at < http://www.ncniip.orL)-/Pages/heritai,,edata.litnil >. The limited project area does not appear to contain potential habitat for any federally threatened or endangered species. Therefore, 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 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 The FIR notes that the wetlands to be impacted are not considered a "significant marshgrass fringe" and occur as a result of recent shoreline erosion. The new bulkhead would extend no further below the NHW line than necessary to connect with the adjacent bulkheads. Based on these considerations, the Service does 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 permit for the proposed activities. We support the permit conditions recommended in the FIR. 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 by e-mail at < howard_hall@fws.gov >. S' cet , Pete njam' Ecological Services Supervisor cc: John Domey, NC Division of Water Quality, Raleigh, NC Jim Gregson, NC Division of Coastal Management, Wilmington, NC a_T IF I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division Action ID No. 200501227 November 3, 2005 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: 10[OTOW4 NOV 1 0 2005 DENR - WATER QUALITY ViUlA dDS AND STCMMATER BRANCH OS-x$29 Reference the application of Gary Singleton for a Department of the Army permit to construct approximately 58 linear feet of bulkhead and fill 460 square feet of coastal wetlands located at Lots 1 and 2, North Shore Drive, at the intersection of Cobia Street and North Shore Drive, adjacent to a man made canal, which is a tributary to Jinks Creek, in Sunset Beach, Brunswick 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 of this 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, of the 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 of this 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 USACE 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 (919) 733-5083, Ext. 526 or (800) 662-7956 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 of the 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. If the 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. 8. 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. 9. 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 of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. 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). 2 11. 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 in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. 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 of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 13. 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. 14. The bulkhead must be constructed prior to any backfilling activities. 15. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 16. 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. 17. 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. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 3 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 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. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 4 I'clnlit. Class i l l?il, 1?C1'llllt l'lliill i l' 16d -0S S'l.'ATE OFNOR1,11 CAROL Department of Hiwironlncnt and Natural Resources and Coastal Resources Commission r ?. n for __XA Major Development in an Area of EnviromNffia1l Ci3ntN pursuant to NCGS 113A-118 DD: ti - WATER Y!7R!41n,q ,{.R?.jF?=LSWnYtfibr<t't H X Excavation and/or filling pursuant to NCGS 113-229 Issued. to Gary Singleton, 121 W. Drewry Lane, Raleigh, NC 27609 Authorizing development in Brunswick County at man-made canal off Jink's Creek, North Shore Drive, Sunset Beach , as requested in the permittee's application dated 7/11/05, including the attached workplan drawings (2) 1 labeled 2 of 3 dated 6/27/05 & 1 labeled 3 of 3 dated 6/29/05 This permit, issued on Nnvemher 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. At such time, if a significant colonization of coastal wetlands species has occurred in the area to be filled that will result in the filling of a greater amount of coastal wetlands then was referenced on the attached workplan drawings dated 6/27/05, the applicant shall be required to obtain additional authorization from the Division of Coastal Management. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the 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. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2003 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ?' C rles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. 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 :ti•:. ......i?i:_.;,..?.': r?: f.<.n:^.:y'v i:•.. ...,.. ?•,.?: :•:::i .-.:.:?-:. ri.. ... .:. r.t?:.. r. .... .. ..?r.. r.. r. ,.. Gat•y Singleton ADDITIONAL CONDIIJONS x'e1'1114 V164-05 Page 2 of :3 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, nlctal sheet files 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, deadmcn cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The backfill material shall be clean and free of any pollutants except in trace quantities. G) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) 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. 8) All backfill material to be placed below normal high water level shall be confined behind the permitted bulkhead. 9) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 10) No excavated or fill material shall be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplan drawings. Erosion and Sedimentation Control 11) A ground cover sufficient to restrain erosion shall be provided within thirty calendar days of project completion. 12) A silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 13) The permittee understands and agrees that, if future operations by the United States requires the 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 unreasonable 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. G'Iry f;iuf;lc:tozz I'czaalil IiI6, l-0`; f Page 3 of 3 ADDITIONli"L CONDI'.ll',ONS Y '140TE: Puture development of the permittee's property may require a modificalion of this permit. Contact a representative of the Division at (910) 796-7215 prior to the conimencemcnt of any such activity for this determination. The pcrrnittee is further advised that many non-water dependent activities are. not authorized within 30 feel: of the normal hi ph water level. NOTE: 'IThc N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 051829), which was issued on 10/4/05. NOTE: The U.S. Army Corps of Engineers Izm assigned the proposed project COE Action M. No. 200501227.