19930288 Ver 1_COMPLETE FILE_19930520

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199301972
May 27, 1993
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
V ? ? 1:1 L7 ?
JUN -3 1993

Reference the application of Mr. S. W. Stubbert for a Department of the
Army permit to construct a pier with floating dock and boatlift structure on
the Lockwood Folly River,(;?unsw`ick County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. Neither the pier nor the floating dock will extend farther waterward
than necessary to reach a depth of two feet at mean low water (MLW).
c. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest.
d. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
e. The permittee must install and maintain, at his expense, any signal
lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, on authorized facilities.
f. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.

-2-
g. This permit does not authorize interference with any existing or
proposed Federal project.
Questions or comments may be addressed to Mr. Rudi Schiener, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

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Copies Furnished with enclosure:
NOAA, NOS, Coast and Geodetic Survey
Mapping and Charting Branch
Source Data unit, N/CG2211, Station 7350
1315 East-West Highway
Silver Spring, MD 20910-3233
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
MAY-19-1993 15:37 FROM EHNR WILM REG OFFICE TO 59197331335 P.03
eys a?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James B. Hunt, Governor Roger N. Schecter
Jonathan B. Howes, Secretary Director
April 12, 1993
MEMORANDUM:
RECEIVED.
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmen.!al Management APR 12 1993
FROM: John R. Parker, Chief W-11-i,,Aon Regional Office
Major Permits Processing Coordinator rY:kl
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicaut: S_ W. Stubbert
Project Location: off S.R. 1119, Lot 309, River Road, Lockwood Folly Subdivision
Proposed Project: to construct a 136' x 4' pier, including a 12' x 12' T-head platform, a
12' x 10' boatlift and a lb' x 10' floating dock at the end of the pier,
to provide water access for his private residence.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 3, 1993. If you have any questions regarding the proposed project, please
contact Ed Brooks at extension 247. 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' _ ut?-t' DATE 5 b'?
127 Card,nal D> fve Exwndon, Wilmirgm, NC. 20,t05-3845 • Telephone [phone] • Fax 919.350,N)04
An Equal Oppommiry A ffim fvt Action Ernpioyer
MAY-19-1993 15:36 FROM EHNR WILM REG OFFICE TO 89197331338 P.01
rx
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
C7?MA MAJOR PERMIT APPLICATION RE VIEW
REGIgliAL OU-ICE STAFF REPORT AND RECD NDATI.ON,S
REVIEWER: GREGSO ?
WQ SUPERVISOR: ADRINS
DATE: April 30, 1993
WETLAND INFORMATION FOR CENTRAL OFFICE RACILING
PERMIT YR: 93 PERMIT NO.: 93288 COUNTY: Brunswick
PROJECT NAME: S.W. Stubbert
PROJECT TYPE: Pier PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: April 12, 1993
REG OFFICE: WiRO RIVER AND SUB BASIN#t 030759
*STREAM OR ADJACENT WATER BODY: Lockwood Folly River
CLASS: SA STREAM INDEX #: 15-25-1-C16).
*OPEN OR CLOSED: Closed
WL IMPACT: N/A APL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
HYDRO CNECT?: N/A WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMkMMA ION : ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The.applicant proposes to construct a 136'
X 4' pier.

WATE QUALITr CERT. (401)
CERT. REQ'D: No
IF YES, TYPE:
SEWAGE "I PO
TYPE OF DISPOSAL PROPOSED:
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE
NJ'
AND PERMIT ISSUANCE PROBABLE: N/A
W ?QET L
AREA OF FILL - WATER: N/A WE'T'LAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGINQ
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL-)
Post-It- brand fax transmittal memo 7671 # of pages '
To - From
ti
co.
Dept. vnone #
Fax0 ^f? Fax0
MAY-19-1993 15:37 FROM EHNR WILM REG OFFICE
I ..
93288.Apr
Page Two
U t3y1y'r 5j1 5?i H. 02
RECD IDED CONDITIONS OR PERMIT RESTRICTXON,S • That the project
be done in such a manner so as to not cause turbidity outside the
immediate construction area to exceed 25 NTU.
cc: central Files
DCM-Brooks
John Parker
4
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: S. W. Stubbert
2. LOCATION OF PROJECT SITE: off S.R. 1119, Lot 309, River Road, Lockwood Folly
Subdivision, Brunswick County.
Photo Index - 1989: 190-12:N-11 1984: 6-45:0-20
State Plane Coordinates - X: 2236200 Y: 68200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/23/93 Vl
Was Applicant Present
5. PROCESSING PROCEDURE: Application Received - 3/19/93
6. SITE DESCRIPTION: Office - Wilmington
p Q
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT,EW,ES
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - none
Planned - Individual subsurface septic tank system
(F) Type of Structures: Existing - none
Planned - Single-family residence
(G) Estimated Annual Rate of Erosion: N/A
Source - Visual observation
7. HABITAT DESCRIPTION:
8.
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands shaded-544
Coastal Wetlands
(B) Non-Vegetated Wetlands covered-424
Public Trust/Estuarine Waters
(C) Other
(D) Total Area Disturbed: 968 sq. ft.
(E) Primary Nursery Area: no
(F) Water Classification: SA Open: no
PROJECT SUMMARY: The applicant proposes to construct a 136'X4' pier,
including a 12'X12' T-head platform, a 12'X10' boatlift and a 16' x 10' floating dock at the end of
the pier, to provide water access for his private residence.
S. W. Stubbert
Page 2
9. PROJECT DESCRIPTION 4/2/93
The project area is a single-family residential lot (Lot 309), on River Road, in
Lockwood Folly Subdivision, adjacent to the Lockwood Folly River, in Brunswick
County. The lot is approximately 311 feet in depth, 125 feet wide adjacent the
Lockwood Folly River, and 157 feet wide along River Road. The lot is currently
vacant, wooded,primarily with live oak and pine, but the applicant is in the process of
designing his private residence for subsequent construction on the lot. The highground
area of the lot averages about 9.5 elevation M.S.L., and gradually slopes from the
road toward the river. There is a low, wet area in the northeast corner of the lot that
has been classified as federally regulated wetlands. This adjacent wetland pocket
extends into the lot approximately 150 feet, and averages 50 feet in width. Coastal
wetland plants, cat-tails (Tynha spp.) and saw-grass (Cladium jamaicense) are evident
throughout the water (east) side of the wetland area. There is a small isolated wetland
pocket, (40 feet X 10 feet), located approximately 25 feet above, or northeast of the
larger wetland area. The waterward side of the lot (east) transitions from highground
to a 60-70 feet wide border of high coastal marsh. Vegetation species observed were;
Juncus roemarianus, Limonium spp., Salicornia spp., Distichlis pica, Borrichia
frutescena, SSpartina patens. and S artina alterniflora. The frequency of smooth
cordgrass (S. alterniflora) increases in a waterward direction, resulting in a border,
70-100 feet wide, comprised solely of smooth cordgrass, completing the waterward
limits of coastal wetland vegetation prior to open water. The Lockwood Folly River is
approximately 2600 feet wide in the project area, however there are extensive areas of
smooth cordgrass marsh, numerous marsh islands, and shoals interspersed throughout
the shallow river basin. The U. S. Army Corps of Engineers (U.S.A.C.O.E.)
maintains a channel, 100 feet wide, along the southside (project side) of the river.
The navigational easement for the project extends up river to the bridge on N. C.
Hyw 211. The U.S.A.C.O.E. is currently in the process of completing a maintenance
dredging project that will extend approximately two miles above Varnumtown, N.C.
The waters in the project area are classified SA by the N.C. Division of
Environmental Management, and are CLOSED to the taking of shellfish. The waters
are not designated as primary nursery area.
The applicant proposes to construct a pier from his property for water access to the
Lockwood Folly River. The pier would be 136.14 feet long and 4 feet wide, and
would terminate in a T-shaped platform at its waterward end. This platform would be
12 feet long and 12 feet wide. A boatlift (10' X 12') is proposed on the north side of
the T-head platform. A floating dock (16' X 10') is proposed on the south side of the
T-head. No roofing is proposed over any of the structure. The end of the pier would
be located at elevation -4 N.G.V.D. or -2 feet at MLW. This would place the end of
the structure 50.2 feet from the toe of the federally maintained channel. The pier
would be elevated over wetland vegetation.
S. W. Stubbert
Page 3
10. ANTICIPATED IMPACTS
The proposed structure would incorporate 424 square feet of estuarine/public trust
waters. The construction of the pier may create localized, short-term turbidity
increases during piling installation. If properly elevated over marsh vegetation, the
pier should result in no adverse impacts to marine resources.
Submitted by: E. F. Brooks Date: 4/2/93 Office: Wilmington
?lease type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name S.. W. S.tubbert
Address 411 Marlin Street
City
Sunset Beach
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private
State North Carolina d. Describe the planned use of the project.
Pnci rioni-i _ and water access.
Zip 28459 Dayphone (919) •579-9900
X Landowner or Authorized agent
b. Project name (if any) Lot 309. Lockwood
Folly Subdivision.
c. If the applicant is not the land er,alsox e,the
owner's name and address.
K; ?1
4 LAND AND WATER
® CHARACTERISTICS
Size of entire tract 37.020 so, ft,
MAR 1 L.t99 b. Size of individual lot(s) 37 , 020 sq. ft.
DIVISION OF c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
MIMEN 2 LOCATION OF PROS - _ Average grade of 1(1 _ QQ •N _C _ 1T Tl
PROJECT
a. Street address or secondary road number
River Road
.'d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Wooded.
b. City, town, community, or landmark
Lockwood Folly Subdivision f. Man-made features now on tract Nnno
C. County Rrunswi r V Cnunt
d. Is proposed work within city limits or planning
jurisdiction? Brunswick County
e. Name of body of water nearest project
Lockwood Folly River
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Rnildin$ a since family hnmP,
pier, boat if and floating dnnk.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural X Other(Mixed use)
h. How is the tract zoned by local government?
None
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
12/89
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed One residential
structurei
b. Number of lots or parcels nw,A
c. Density (Give the number of residenti
units per acre.) One per 0.85 ac.
m. Water supply source Brunswick County Water System.
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
d. Size of area to be graded or disturbed MAR J 9 199 .1 _ If the project is on the oceanfront, what will be the
Less than 112 an- elevation above mean sea level of the first habitable
'
e. If the proposed project will disturb more than on?SION OF floor? N/A
acre of land, the Division of Land Res i&`e?' ?st4ANAGE
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion 6 EXCAVATION AND FILL
control plan been submitted to the Division of Land INFORMATION
Resources? NIA
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
0%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
None within 75 feet mean high-water
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
J. Describe proposed sewage disposal and/or waste
water treatment facilities.
Spj?tin tanlr --
S
j. Have these facilities received state or local approval?
Yes
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Tone
a. Describe below the purpose of proposed excavation
or fill ac!ivities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MI,W) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A

N/A N/A

b. Amount of material to be excavated from below
water level in cubic yards None _
c. Typeofmaterial N/A -
d. Does the area to be excavated include marshland,
swamps, or other wetlan ds?
None.
e. High ground excavation, in cubic yards
2
12189
F
• f. Dimensions of spoil disposal area
NIA
g. Location of spoil disposal area N/A
IL Do you claim title to the disposal area? N i A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water l TJ o
1. Amount of Min cubic yards N i n
m.Type of fill material N/A
n. Source of fill material N
o. Will fill material be placed n`'In orV e'i .
wetlands? AT,
_ i
p. Dimensions of the wetland to be d I 1993
None
q. How will excavated or fi t l l M10INN 0 E
and erosion controlled??° -?4
T. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?_ Pump anal hargP T.r; +h = ; i e driue2
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead orriprap None
b. Average distance waterward of men high water or
normal water level N I A
C. Shoreline erosion during preceding 12 months, in
feet Nnnr?
d. Type of bulkhead material NIA
C. Amount of fill, in cubic yards, to be placed below
mean high water None ,
f Type of fill material N/A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the .
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 l white paper. (Refer to Coastal Resources
Commission Rule 710203 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 21 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
12/89 3
Name, . Henry E. Keppel
Address Lot #308, Lockwood Folly
[phone]
Name Peter A. Mahler
Address
(919).887-2655
Name'
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
$250.00
A check for4=made payable to the Department of
Environment , Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program. .
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
7?4
This is the day of ,19
<///"7
X
Landowne or Authorized agent
I
g42U1 1D
MAR 19 _199?
DIVISION ??????//??{{}/0.?.F
yj1COASTAL
4
12/89