HomeMy WebLinkAbout19930946 Ver 1_COMPLETE FILE_19931122
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 22, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199303592
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:
Reference the revised application, dated November 5, 1993, of Mr. David
Bachman and Ms. Agnes for a Department of the Army permit to maintain an
access canal and basin off Middle Sound, the Atlantic Intraocoastal Waterway
(AIWW), near Mason Inlet, Wilmington, New Hanover County, North Carolina.
The Federal agencies have completed review of the revised proposal as
presented by the application and Ms. Tere Barrett's field investigation
report. We have no objections to the proposal provided the conditions
presented in our October 5, 1993 letter to you are included in the State
authorization.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
-2-
Copies Furnished:
John Dorney
- water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. R. (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, N.E.
Atlanta, GA 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division
of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
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 No. 199303592
October 5, 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:
Reference the application of Mr. 1?6Vid Bachman and Ms. Agnes for a
Department of the Army permit to maintain an access canal and basin off Middle
Sound, the Atlantic Intracoastal Waterway (AIWW), near Mason Inlet,
Wilmington, R''-Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
C. The terminal end of the pipeline from the dredge into the diked
retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
d. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
e. Flow from the diked retention area will be confined by pipe, trough,
or similar device to a point at or below the mean low water (MLW) elevation
contour to prevent gully erosion and siltation.
f. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
-2-
g. No vegetated wetlands will be excavated or filled.
h. Excavation will not exceed six (6) feet below the elevation of mean
low water (MLW).
i. 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.
j. 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.
k. 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 25 NTU's or less are not considered significant.
1. The permittee will advise the Wilmington District Engineer,
Navigation Branch, in writing at least two weeks before he intends to
undertake any maintenance dredging.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
chief, Regulatory Branch
-3-
Copies Furnished:
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
post office Box 29535
Raleigh, North Carolina 27626-0535
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
345 Courtland Street
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
Blind Copy Furnished:
CESAW-CO-E/Ramel
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. 199303592
August 5, 1993
Mr. David Bachman
and Ms. Agnes Bachman
2413 Middle Sound Loop Road
Wilmington, North Carolina 28405
Dear Mr. and Ms. Bachman:
1 1993
WETLAMDS GROUP
WATER nIIALITY SECTMN' _
On February 11, 1991, we renewed general permit No. CESAW-LOBO-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received August 2, 1993, for Department of
the Army authorization to maintain an access canal and basin off Middle Sound,
the Atlantic Intracoastal Waterway (AIWW), near Mason Inlet, Wilmington,@W
; % r County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act, has
been assigned Action ID No. 199303592 and will be coordinated by Mr. Jeff
Richter in our Wilmington Field Office. He is available at telephone (919)
251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
r
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
lj? 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
Habitat Conservation Division
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
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
H N R
A. Preston Howard, Jr., P.E., Director
December 20, 1993
David & Agnes Bachman
2413 Middle Sound Road
Wilmington, N.C. 28405
Dear Mr. & Mrs. Bachman:
Subject: Proposed fill in Wetlands or Waters
Maintenance dredging and upland dik-d disposal site
New Hanover County
DEM Project # 93946
Upon review of your request for 401 Water Quality Certification
dredge waters which are tributary to Middle Sound for maintenance
dredging and upland dike(' disposal site located at 2413 Middle Sound
Loop Road in New Hanover 1.nty as described in your submittal dated 8
November 1993, we have deu pined that the proposed fill can be
covered by General Water Q.?._.Lty Certification No. 2668. A copy of
the General Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 16.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1.786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
L t
reston Howard, J
P. E.
93946.1tr
Attachment
cc: Wilmington District C rps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment, 3A
Health and Natural Resources A74*
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
E H N
A, Preston Howard, Jr_ P.E„ Director
December 15, 1993
William & Kimberly Blanchard
217 Florida Avenue
Carolina Beach, N.C.28428
Dear Mr. & Mrs. Blanchard:
Subject: Proposed fill in Wetlands or Waters
Bulkhead construction
New Hanover County
DEM Project # 93944
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.014 acres of wetlands or waters which are
tributary to Carolina Beach Yacht Basin for bulkhead construction
located at 217 Florida Avenue in Carolina Beach in New Hanover County
as described in your submittal dated 4 November 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2665, A copy of the General Certification
is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 13.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
reston Howa Jr. P.E.
93994.1tr ,
Attachment I
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
John Parker; Division of Coastal Management
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
STATE o.?
v?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 4, 1993
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
David and Agnes Bachman
Roger N. Schecter
Director
Adjacent to Middle Sound at 2413 Middle Sound Loop Rd off of Highway 17 in the
Ogden area of New Hanover County
Applicant proposes the maintenance dredging of an existing boatbasin and access
channel
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 26, 1993. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. 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 17,
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 919-350.2004
An Equal Opportunity Affirniative Action Employer
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REVIEWER: GREGSON j
WQ SUPERVISOR: ADKINSdf•?F? ds?l/?G)tirs
DATE: December 1, 1S3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 93 PERMIT NO.: 93946 COUNTY: New Hanover
PROJECT NAME: David and Agnes Bachman
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: November 8, 1993
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Middle Sound
CLASS: SA ORW STREAM INDEX #: 18-87-21
*OPEN OR CLOSED: Closed
WL IMPACT: N/A WL 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
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
z _-r
U sib
r_=
0
PROJECT DESCRIPTION: The applicant proposes to perform maintenance dredging of an existing
boat basin and access channel.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2668 for dredge spoil dewatering.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
93946. Dec
Page Two
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.)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be
done in such a manner so as to not cause turbidity outside the immediate construction area to
exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: David and Agnes Bachman
2. LOCATION OF PROJECT SITE: Adjacent to Middle Sound at 2413 Middle Sound
Loop Rd. off of Highway 17 in the Ogden area of New Hanover County.
Photo Index - 19$9: 174-12, gr. U-20,21 1984: 18-230, gr. 15-0,P
State Plane Coordinates - X: 2367400 Y: 184400
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/1/93
Was Applicant Present - No, unable to contact
5. PROCESSING PROCEDURE: Application Received - cc: 11/3/93
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Residence, Pier, Access channel
Planned - Access Channel
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Bottom 15000 sf
High Ground 6.9 acr
(D) Total Area Disturbed: 7.23 acres
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: No
8. PROJECT SUMMARY: Applicant proposes the maintenance dredging of an existing
boatbasin and access channel.
David and Agnes Bachman
Page 2
9. PROJECT DESCRIPTION 11/3/93
The Ogden area of New Hanover County is developed primarily with single family
residential structures. This particular tract houses a residence and guest home. The
property is 100' x 600', and averages 15' above mean sea level. The property drops as
it nears the waterway, and gives way to Spartin alterniflora marsh. There is a pier,
approximately 160' x 6', and dock, approximately 12' x 12'. The pier is situated
alongside a manmade boatbasin that cuts through the marsh and to the waterway. The
basin is approximately 160' in length, and the access channel extends beyond this for
another 440'. The bottom within the basin itself is very silty, while that outside of the
basin appears sandy. Soundings within the basin average -1' to -2' mean low water,
while soundings in the access channel are about 1' shallower.
The waters of Middle Sound are classified SA-ORW by the Division of Environmental
Management. The area is closed to the taking of shellfish, and is not designated Primary
Nursery by the Division of Marine Fisheries. New Hanover County classifies the area
as Conservation in their Land Use Plan.
The applicant is proposing to excavate the basin and channel to its existing width of 25'
and a length of 600'. This length was established by that needed to reach the -6' mean
low water contour. The proposed depth in the basin and channel is -6' mean low water.
This would remove approximately 2800 cubic yards of material from the system.
The excavation would be accomplished hydraulically and spoil placed on the north end
of the island opposite the project site. This area has been used previously for the
placement of spoil material, and has an existing dike wall. The applicant proposes
restoring the wall to a minimum of 6' in height, with a 4' top width. The spoil area is
proposed at 1000' x 300'. This size spoil area will accommodate approximately 67000
cubic yards of material. This is more than sufficient for this project. There will be a
spillway installed to contain solids. A spillway pipe will carry the effluent to the mean
low water line.
10. ANTICIPATED IMPACTS
This project will cause the disturbance of an area approximately 15000 square feet in
size. It will remove approximately 2800 cubic yards of material from the system. There
will be increased turbidity in the area while the dredging is taking place. Approximately
6.9 acres of high ground spoil area will have added material placed on it. The marsh
alongside the excavation is likely to be undermined and cause an indirect loss of
wetlands. The basin is rather long and narrow to have the same waterdepth at the
landward end as the waterward end. As well, photographic evidence indicates that the
activity in the AIWW causes the shoaling of the access channel long before the basin.
This situation could cause poor water quality in the basin.
Submitted by: T. Barrett Date: 11/3/93 Office: Wilmington
Dr. David
2413 Middle
Wilmington,
September 30, 1993
(Resubmitted November 5, 1993)
Division of
N. C. Dept.
Health and
127 Cardinal
Wilmington,
Coastal Management
of Environment,
Natural Resources
Drive Extension
NC 28405-3845
Bachman
Sound Road
N. C. 28405
^ r• r--?
..., NOV 1?°3
DI`J!
COASTAL
Re: Application for Maintenance Dredging
Gentlemen:
Mason's Inlet Creek's intersection with the AIWW.
It is requested that a CAMA permit be issued to perform main-
tenance dredging of our small boat access channel as indicated in
the attached application and supporting sketches. The channel
has previously been dredged under a permit issued to Mary Mobley
(the riparian landowner immediately to the south of our property)
in the 19801s. The project is located on the west side of the
Atlantic Intracoastal Waterway (AIWW) immediately opposite
This relatively small project involves dredging an area ap-
proximately 600 feet long by 25 feet wide from deep water ad-
jacent to the AIWW channel to our existing boat dock. The
proposed depth of dredging would be to minus 6.0 feet mean low
water (MLW). Approximately 2,800 to 3,300 cubic yards of sand
and silty materials will be excavated from the channel by small
hydraulic pipeline dredge.
The dredged material will be disposed of in an existing
Corps of Engineers spoil disposal area on the northeast shoulder
of the Mason's Inlet Creek channel and the AIWW. Permission has
been obtained fro both the Figure Eight Homeowners' Association
and the Wilmington District, U. S. Army Corps of Engineers, to
use this spoil disposal area. (Copies of the permission letters
are attached to this application package.) Dredged material will
be disposed of in the northern one-half of this spoil area, which
is moderately well diked and previously unused. Care will be
taken to insure that the dikes and effluent control structure are
in good operating condition as indicated on the permit applica-
tion sketches. It is mentioned that this relatively small amount
of dredged material and its associated effluent will probably be
insufficient to bring the effluent control structure into func-
tion.
Division of Coastal Management
November 5, 1993
Page 2
Our check for $250 made payable to the N. C. Department of
Environment, Health and Natural Resources (NCDEHNR) was forwarded
to you with the earlier application submittal. The U.S. Army
Corps of Engineers (Wilmington District) is being sent an informa-
tion copy of this letter; however, the District concurred in con-
tinuance of this maintenance dredging authority under General Per-
mit No. CESAW-C080-N-000-0291 by their letter dated 5 August
1993. Administrative processing of our application is to be ac-
complished by routine processing of this application to you.
Please discard the permit application and drawings sent to you on
September 30, 1993.
Thank you for your cooperation and assistance in this mat-
ter. We hope to hear from you in the very near future in order
that we may take advantage of other maintenance dredging work
which is to be performed in the area in the near future.
Sincerely yours,
David Bachman, M. D.
NOV 1°73
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Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stonnwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name -David & Agnes Bachman
Address 2413 Middle Sound Road
City Wilmington State NC
Zip 28405 Dayphond919) 686- 4099
X Landowner or Authorized agent
b. Project name (if any) Bachman
Maintenance Dredging
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
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?
,'Maintenance of existing oroject'
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Access to existing private pier
f.,i-
4 LAND AND WATER NOV 5 1993
CHARACTERISTICS DIMFIlp^d
a. Size of entire tract N/ACOASTAL NiA[?AGEMENT
b. Size of individual lot(s) 1001 x 600'+
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
Varies to 15'
d. Soil type(s) and texture(s) of tract
La - Lakeland Sand
a. Street address or secondary road number
middle Sound Loop Road e. Vegetation on tract Grass, Trees, and
Shrubs
b. City, town, community, or landmark
Qgr3en f. Man-made features now on tract Private Dwelling
C. County New Hanover g, What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
d. Is proposed work within city limits or planning
jurisdiction? No X Conservation Transitional
e. Name of body of water neare st roYnect Developed Community
Adjacent to Atlantigtracoastal Rural Other
Waterway at Mason Inlet Creek
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). Access channel
maintenance dredging
h. How is the tract zoned by local government?
R20
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
Nov 5 1993
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed N/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
JIS'13N 7
COASTAI nrP ULGEMENT
m. Water stfpply source N /,A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accesswayN or
Aprovide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N /A
6 EXCAVATION AND FILL
INFORMATION
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.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to b N used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
N/A
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"). N/A
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
600 25' 6'
. . none . .
b. Amount of material to be excavated from below
water level in cubic yards 2, 8 0 0 to 3, 3 0 0 cy
c. Type of material Sand & Silt
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
None
2
NOV b 1993
f. Dimensions of spoil disposal area -- - -
300' x 1,000' (approximate)
g. Location ofs
of poil disposal area Northeast
corner' of AIWW - Mason's Creek
intersection
h. Do you claim title to the disposal area? No
If not, attach a letter granting permission from the
owner. (attached)
i.
Will a disposal area be available for future
maintenance? Yes
If so, where?
?
c. ShorelinP?Qdi In ? mg 12 months, in
?AblW9_ IVIAN
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type of fill material N/A
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas? No ing items must be submitted:
k. Will the fill material be placed below mean high
water? No
1. Amoupt of fill in cubic yards 2 , 8 0 0 to 3 , 3 0 0
cubic yards
m. Type of fill material Sand & Silt
n. Source of fill material Maintenance Dredging
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
None
q. How will excavated or fill material be kept on site
and erosion controlled?
Earten Dikes - Effluent Control
Structure
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hydraulic pipeline dredge
s. Will wetlands be crossed in transporting equipment
to project site? N 0 If yes, explain steps that will
be taken to lessen environmental impacts.
N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16 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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
pominity
b. Average distance waterward of mean high water or
normal water level N/A
Name Whitley Bain
Address 2409 Middle Sound Road
Wilmington, NC 28405
Name John Mobley
Address 2421 Middle Sound Road
Wilmington, NC 28405
Name _
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Permit oriainally_issued in 1980'sr
record lost.
A check for $250 made payable to the Department of
Environment, Health and 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.
This is the _?_ day of d , 19f.
Landowner or Authorized agent
NOV 1993
DMIS""I OF
COASTAL Nih?'?;uI?CNT
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ICI -- -- \ ? - --
EXIS-c. GRADE VARIES TYPICAL DIKE SECTION
NO SCALE
f
I• I
NOV 5 1993
DIVISION OF
COASTAL MANAGEPvll',17
DAVID & AGNES BACHMAN
MAINTENANCE DREDGING
NEW HANOVER COUNTY, N.C.
CENTLRY/v071 Oesen ' DATE
CONSULTING ENGINEERS k PLANNERS JOB
603 NORTH THIRD STREET. M4YiNCTON, N.C. 26410 A
PHONE.' (919) 76}0141 FAX (919) 763-4166 QWT 14 Af q
TS'>si[- tt-3A J
WILMINGTON, NORTH CAROLINA 28401
W? iuY? any- - 1
Excise Tax a D • o 0
I
rd
Recording Time, Book and Page
............... ...................
3000-052-00-002-007.000
Tax Lot No . . . . . . . . _ . . parcel Identifier No. .
..... County on the day of . . . . . . . . . . ..... ...... .... .... ....... ..... 19...........
..
Mr, and Mrs. David S. Bachman
Mail after recording to .... _.--- ...... .......
.......... _. _.. . .. ..... __ ........ . .......... .... _ .. ...........
BERT CALDER, ATTORNEY,, 411 Chestnut St, Wilm.f NC 28 0
This instrument was prepared b? .O ....
Brief description for the Index pt. Lot 5 Queens Point
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ................ day of .. .. June 19 84 by and between
GRANTOR GRANTEE
CHARLES C. ERMER and wife, a(;j ?.v I S93 DAVID S. BACHMAN and wife,
ANNETTE G. ERMER AGNES J. BACHMAN
r
? EfJI ENT
?Sti
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, c.q. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
Harnett Township,
certain lot or parcel of land situated in the City of
New Hanover ('aunty, North Carolina and more particularly described as follows:
. ....
ALL of that tract of land described on the attached
sheet marked "Exhibit A" which is to be taken as a
part of this deed as though fully set out herein.
RETURNED 'f0
N.C. Bar Assoc. Form No. 3 ;0 1976, Revised 1977.
r
i
t
i.
4
Book 1175 at
The property hereinabove described was acquired by Grantor by instrument recorded in ..............................................................
Page 1632 in the New Hanover County Registry.
....................................................................................................................................
A map showing the above described property is recorded in Plat Book page.........................
TO lIAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1984 ad valorem taxes; all applicable zoning and land use ordinances,
statutes and regulations; and to the provisions of all applicable
restrictive covenants and utility easements of record.
f ,v 1
pl ^ a 1993
``rr i1- Qr
Its
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, hLI IAh?srd 1t is L-st r ment dto be signed ay and yearIntirst
corpotrawte nritten. ame by its duly authorized officers and its seal to be hereunto affixi d by author jL tof_)Lp oa o ,c c??E
abou , f 'j%
1 --------------------(SEAL)
---------------------------------------------------------.-----
(Corporate Name) a AS C . E
O
By: ----------------------------------------------------------- .fi -`--------(SEAL)
------ "- ?-------------
ANNETTE G. ERMER
----------------------------President i?
CJ
ATTEST: _(SEAL)
R;--- ---
tti
--------------- GQ
------------------------------------------------
W
--------- nrn,mr----------- Secretary (Corporate Seal) ------------------------------------------------------------- (SEAL)
`` New Hanover
;V,3U +3!A11IP ' NORTH CAROLINA, ----------------------------------County.
/ Charles C. Ermer
OT 11 t, a Notary Public of the County and State aforesaid, certify that ---_ -- ------ --- --------- -------
,?,,, Ern?er ---------------- Grantor,
and_ wife--Annette --- -'---- - - Ka ' F? b
personally appeared before nu this day and acknowledged the execution of the foregoing instrument. Witness my
.yy c
June.19 ---- -•
P. hand and official stamp or seal, this _ --- day of __--- ------- ------ - - ------ - -------- rolurC
-------- Notary Public
.,.,.!iii1n,??i,??,,\`",`, •:< My commission expire?
SEAL-STAMI, NORTH CAROLINA, ---------------------------------- County.
I, a Notary Public of the County and State aforesaid, certify that --------------------------'
.X personally came before me this day and acknowledged that ---- he is --------------------------- Secretary of
C
--- -----------_----------_-----------_---_ a North Carolina corporation, and that by authority duly
---------------
u
given and :is the act of the corporation, the foregoing Instrument was signed in its name by its
P7
°i I'n•sidcul, scaled with its corporate seat tool attested by ------------ as its ----- Secretary.
r Witne?$ rn hand and o!!ic'a! stamp or seal. this _.___-_day of 19---____-•
tun P-_blie
The foregoing Certificatex of __-_-BETTY-_K, NEDY,.-A_NOTARK-PIISLLC--------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------
------------------------------ ------------------ ---------------------------------- -------------
is/aXKcertined to be correct. This instrument and this certificate are duly registered at the date and time and in the nook and Page shown on the
first page hereof.
REBECCA P. TUCKER NEW HANOVER
-------- ItEGiS'rl?IC OF I)IiFDS FOIt------------------------------------- COUNTY
By ._L___ e Si1 -------------------------- Ucputy/A]Csi67000X-Register of Deeds
N.C. Bar Assoc. Form No. 3 n 1976, Revised 1977.
C dr
1 M H ?(
"EXHIBIT A"
BEGINNING at an iron pipe in the Western line of Tract
#5 of Queens Point as shown on a map of Queens Point
recorded in Map Book 2 at Page 77 of the New Hanover
County Registry. Said iron pipe is located North 37°
36' 48" East 100.08 feet from a 2 inch concrete monu-
ment at the Southwest corner of Tract #5 of Queens
Point which is located North 42° 45' 51" West 477.87
feet (as measured along the dividing line between
Tract 4 and 5) from a point on the centerline of S.R.
#1403 which is located North 70° 21' 04" East 910.81
feet from a point on the centerline of S.R. #1403 over
the centerline of an 18 inch culvertunder said road
accomodating the waters of a small branch running to
the sound. Running thence from said point of beginning
North 37° 36' 48" East 100.08 feet to an iron pipe in a
pond, passing through a concrete monument at 64.93
feet; thence South 42° 41' 01" East 1324.83 feet to a
12 inch concrete monument in the salt marsh of Middle
Sound; thence along a work line South 56° 01' 52"
West 98.90 feet to a point; thence North 42" 43' 22"
West 1292.98 feet to the point of beginning, containing
2.95 acres, more or less, EXCEPTING the right of way of
S.R. #1403 (.14 acre more or less) and TOGETHER WITH the
marsh land lying between the work line of the above
described tract and the low water line of Middle Sound
being bounded on the North and South by the extension
of the Northern and Southernlines of the above described
tract to the low water line. The above described tract
is a portion of the Second Tract described in a deed
recorded in Book 1150 at Page 789 of the New Hanover
County Registry.
OCT ? 1993
DIVISION OF
COASTAL MANAGEMENT,
nu
Excise Tax 1. O 0
Recording Time, Book and Page
K Lot No. Pt. of 3000-05200-002-00 7-000 ..&Parcel Identifier No. .. .
00 7-001
rifled by ................. ............ ........ ... ... County on the .. ..... ... day of ...... _ . ....... ...... ..... ......., 19 .....
..... _ ...........................
it after recording to . Dr. D.S . Bachman c/o Murchison, Taylor & Shell., ._Attorneys,. At.....
w 16 N. 5th Avenue,, Wilmington, North. Carolina-.2.84.0.1 ...... ..........
... ...... ........... ............. .....
s instrument was prepared byROBERT CALDER, ATTORNEY, 411 Chestnut .... S.t. .Wi .m...,... NC...2.84..0.1..
of description for the Index
Pt.of Marsh East of Tr-5 Queens Poi t
NORTH CAROLINA NUN-WARRANTY DEED
IS DEED made this . ..29th day of June _ lJ 84 , by and between
i 93
GRANTOR
ANNETTE G. ERMER and husband,
CHARLES C. ERMER
VtMRNED TO
GRA_
. ?j
5ld
OCT ^ a 1993 1
DIVIS' ?N OF
DAVID S. BACYI?'iBN I$a,pd.??ifi; ,CIy1, ENT
AGNES J. BACHMAN
!r in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership.
designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
11 include singular, plural, masculine, feminine or neuter as required by context.
CNESSETII, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
nowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
,ain lot or parcel of land situated in _ , _ . _. Harriett...... Township,
New Hanover County, North Carolina and more particularly described ns follows:
BEGINNING at a point in the low water line of Middle Sound, said
point being the Northeastern corner of that tract of land conveyed
to Annette G. Ermer and Charles C. Ermer by deed recorded in Book
1175 at Page 1632 in the New Hanover County Registry; running
thence from saic] hcyinning point in a SrnithwPst direction along
the low water_ line of Middle Sound 200 feet, more or less, to a
point which is the Southeastern corner of that tract of land
conveyed to Ralph Glenn Gilletteby deed recorded in Book 1175 at
Page 1634 in the New Hanover County Registry; thence South 42°
45' 51" East along an extension of said Ralph Glenn Gillette
Southern line to a point in the center line of the presently
existing channel of the intra-coastal waterway; thence in a
Northeast direction along the center line of said presently
existing channel of the intra-coastal waterway 200 feet more or
less to a point which bears South 421 41101 " East from the point
of beginning; thence North 42° 41'01 " West to the point of be-
ginning.
Bar Assoc. Form No. 7 ii 1977
_VOL1258 PACAiSO
, 10
0 C T 1993
DIVISION OF
COASTAL VIANAMAENT
The property hereinabove described was acquired by Grantor by instrument recorded ill Book 1150 at Page
................................. ..............
789 in the New Hanover County Registry. but this deed conveys only the
undivided half interest of Grantor in a portion of the property described
_ in such deed.
i
k map showing the above described property is recorded in Plitt Book page
rO HAVE AND TO HOLD the aforesaid lot or parcel of land :and all privileges and appurtenances thereto belonging to th$
rantee in fee simple.
Phe Grantor makes no warranty, express or implied, as to title to the property hereinabove described.
IN WITNESS t,Vllliltl•:U1?, the (;ranter has hereunto set his hand and seal, or it corporate, has caused this instrument to be signed in it
orporate name by its duly authorized officers and its seal to be hereunto affixed by pplhorily of its Board of Direc ors, the day and year firs
bove written. /
(Corporate Name) a ANNETTE -G-. ERME -- ---------
z
ly' -------------------- ----- ----------------------- - 0
-------------------------- ----President
S
.TTEST: U
a
------------ - ------------- --------- --
w
--------------(SEAL)I
CHARLES C. ERMER
-----.------------------------------------- (SEAL)
----------------- ._. _. -- Secretary (Corporate Seal) U)
t
?D
if `I"
4ty?R1
4
Tc' ._....._...- --- -- ------------------------------------ (S=A L)
1 NORTH CAROLINA, ----------- County.
e~Q7
? Annette G. Ermer and
•
, •• O 1, a Ne:ary Public of the County and State :aforesaid, certify that _-__.--- ---------------------------
PAC?!:?,' s husband, Charles C. Ermer
--- --- ------------------ --------- -------------- _ Grantor,
personally appeared before me this day and acknowledged Lhe execution of the foregoing instrument. Witness my
•; . o
,S •?„ ?} ?
roD
??
i
?
hand and official stamp or seal, this -' _-= day of .._------.,''-`-r:'.?
___________ __19___-•
?
wo°e
?
c,
`^
:0
11
?
'
J ' 1y commission expires: ---- ____------- ?! `• !<<- ; ,--
` .,c .
/_L!Z!t??-----Notary Public
SEAT. - STAMP NOITII CAROLINA, -_...._..------Comity.
1, a Notary Public of the County and State aforesaid, certify that -------------------------------------
personally came before me this day and acknowledged that ____ he is ___________________________ Secretary of
Y
u ---------------------------- --------------------------- it North Carolina corporation, and that by authority duly
_b
to given and as the act of the corporation, the foregoing instrument was signed in Its name by its _______________
N
p President, sealed with its corporate seal and attested by ____ ____ . as its --------------------------- Secretary.
Witness my hand and official stamp or seal, this _____ day of ____ __------------------ 19_____.
My commission expires: ------------------------------- --------------------------------------Notary Public
e foregoing CertificateW of --- RILLII;_T'RITCHARD,-_A_NOTARY__PUBLIC--------- _______________________________________________--
------------------------------------------------------------- - -- ------------------------------ - --------
axe certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Pa6e shown on the
t page hereof.
REBECCA P. TUCKER NEW HANOVER
---------------------ICF.GISTER OF DEEDS FOR ---------------------------------- COUNTY
--- - ----------- ----
---? ./- --- d ------------------------------------------------ ?Deputyi*l*%jk9A&A*Register.of Deeds.
C. Bar Assoc. Form No. 7 I,: 1977 - Printed by Edwards Brothers, Inc:. Carolina.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: David and Agnes Bachman
2. LOCATION OF PROJECT SITE: Adjacent to Middle Sound at 2413 Middle Sound
Loop Rd. off of Highway 17 in the Ogden area of New Hanover County.
Photo Index - 1989: 174-12, gr. U-20,21 1984: 18-230, gr. 15-0,P
State Plane Coordinates - X: 2367400 Y: 184400
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/1/93
Was Applicant Present. - No, unable to contact
5. PROCESSING PROCEDURE: Application Received - cc: 11/3/93
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private Er
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Residence, Pier, Access channel
Planned - Access Channel
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
NOV 2 2 03
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Bottom 15000 sf
High Ground 6.9 acr
(D) Total Area Disturbed: 7.23 acres
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: No
8. PROJEC'T' SUMMARY: Applicant proposes the maintenance dredging of an existing
boathasin and access channel.
David and Agnes Bachman
Page 2
9. PROJECT DESCRIPTION 11/3/93
The Ogden area of New Hanover County is developed primarily with single family
residential structures. This particular tract houses a residence and guest home. The
property is 100' x 600', and averages 15' above mean sea level. The property drops as
it nears the waterway, and gives way to Snartina alterniflora marsh. There is a pier,
approximately 160' x 6', and dock, approximately 12' x 12'. The pier is situated
alongside a manmade boatbasin that cuts through the marsh and to the waterway. The
basin is approximately 160' in length, and the access channel extends beyond this for
another 440'. The bottom within the basin itself is very silty, while that outside of the
basin appears sandy. Soundings within the basin average -1' to -2' mean low water,
while soundings in the access channel are about P shallower.
The waters of Middle Sound are classified SA-ORW by the Division of Environmental
Management. The area is closed to the taking of shellfish, and is not designated Primary
Nursery by the Division of Marine Fisheries. New Hanover County classifies the area
as Conservation in their Land Use Plan.
The applicant is proposing to excavate the basin and channel to its existing width of 25'
and a length of 600'. This length was established by that needed to reach the -6' mean
low water contour. The proposed depth in the basin and channel is -6' mean low water.
This would remove approximately 2800 cubic yards of material from the system.
The excavation would be accomplished hydraulically and spoil placed on the north end
of the island opposite the project site. This area has been used previously for the
placement of spoil material, and has an existing dike wall. The applicant proposes
restoring the wall to a minimum of 6' in height, with a 4' top width. The spoil area is
proposed at 1000' x 300'. This size spoil area will accommodate approximately 67000
cubic yards of material. This is more than sufficient for this project. There will be a
spillway installed to contain solids. A spillway pipe will carry the effluent to the mean
low water line.
10. ANTICIPATED IMPACTS
This project will cause the disturbance of an area approximately 15000 square feet in
size. It will remove approximately 2800 cubic yards of material from the system. 't'here
will be increased turbidity in the area while the dredging is taking place. Approximately
6.9 acres of high ground spoil area will have added material placed on it. The marsh
alongside the excavation is likely to be undermined and cause an indirect loss of
wetlands. The basin is rather long and narrow to have the same waterdepth at the
landward end as the waterward end. As well, photographic evidence indicates that the
activity in the AIWW causes the shoaling of the access channel long before the basin.
This situation could cause poor water quality in the basin.
Submitted by: T. Barrett Date: 11/3/93 Office: Wilmington
Please type or print Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stocmwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name David & Agnes Bachman
Address 2413 Middle Sound Road
CityWilmington State NC
Zip 28405 Dayphond919) 686- 4099
x Landowner or Authorized agent
b. Project name (if any) Bachman
Maintenance Dredging
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Middle Sound Loop Road
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?
:Maintenance of existing proiect
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Access to existing private pier
4 LAND AND WATER NOV 1°93
CHARACTERISTICS
. r-• ?.? ,?:
a. Size of entire tract N/A f?til::. r`,l.
b. Size of individual lot(s) 10 0 ' x 6 0 0 ' +
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
Varies to 15'
d. Soil type(s) and texture(s) of tract
La - Lakeland Sand
e. Vegetation on tract Grass, Trees, and
Shrubs
b. Citv, town, community, or landmark
nc?den f. Man-made features now ontractPrivate Dwellina
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest proect
Adjacent to Atlantic Intracoastal
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural Other
T.aatPrway at Mason Inlet Creek
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
h. How is the tract zoned by local government?
R20
i. How are adjacent waters classified?
SA
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom?
or pier). Access channel
maintenance redgi.ng
NOV 5 1993
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed N/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
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.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to beN usAd for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N /A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
N/A
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"). N / A
DIVIS!ON
OF
GOASTAI nonrIA E-MENT
m. Water supply source N /A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accesswayNsorirovide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(NlLW) or WWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
600 25 6'
. . none
b. Amount of material to be excavated from below
water level in cubic yards 2, 8 0 0 to 3, 3 0 0
c. Typeofmaterial Sand & Silt
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
None
NOV 5 1993
f. Dimensions of spoil disposal area c. Shorelinp?y?d Wt ur? ??c itng 12 months, in
300' x 1,000' (approximate)ASy? MAIVAI??1VItIVI
g. Location of soil disposal area Northeast
"corner' of AIWW - Mason's Creek
intersection
h. Do you claim title to the disposal area? No
If not, attach a letter granting permission from the
i.
owner. (attached)
Will a disposal area be available for future
maintenance? Yes
If so, where?
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type of fill material N/A
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas? ing items must be submitted:
No
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards 2 , 8 0 0 to 3 , 3 0 0
cubic yards
m. Type of fill material Sand & S i 1 t
n. Source of fill material Maintenance Dredging
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
None
q. How will excavated or fill material be kept on site
and erosion controlled?
Earten Dikes - Effluent Control
Structure
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hydraulic pipeline dredge
s. Will wetlands be crossed in transporting equipment
to project site? N 0 If yes, explain steps that will
be taken to lessen environmental impacts.
N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16 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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance watetward of mean high water or
normal water level N /,A
Name Whitley Bain
Address 2409 Middle Sound Road
Wilmington, NC
Name John Mobley
Address 2421 Middle Sound Road
Wilmington, NC
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Permit originally issued in 1980'sL
record lost.
A check for $250 made payable to the Department of
Environment-, Health and 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
This is the 5 day of
X
Lan owner or Authorized agent
NOV 1 1°93
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• 11
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SECTION. THRU SPOIL AREA
NO SCALE
.II I LfGv'r D l ?`_ -C EXIST. CRADE VARIES O""Yp 6
N I ?r DI D QS glJl??? j? i END 7RIEE, T-pl PE :fin
tJhE F?I?I ?i nI11E
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(Z? q2F, Az, AFL 961!?-A RY
_ VARIE'
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;- ILL.
------- ----------------
?I II II II
XISi. GLADE VARIES
I I I 1 1 1 1 1! I! F I I I I`I I l t l l l l ??
TYPICAL DIKE SECTION
NO SCALE
NLIV 1993
DAVID & AGNES BACHMAN
MAINTENANCE DREDGING
NEW HANOVER COUNTY, N.C.
C?!,\\T T Ulff von Oesen DATE
CONSULTING ENGNE ER`_i 4 PLANNERS J 0B 41 Z
505 NORM THIPO STREET. MLWNCTON. N.C :5410
P41OW: (719) 763-0141 F/.X (919) 763-1Im SHT 3 Of 3
Pow- tt-3-?9 3
HOU-00-1993' 09: 56 FROM EHHR W I LH REG OFF I CE TU 8-9 1 J- I 1 J `H Fj. U1
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Governor Bob Jamiason
Jonathan B. Howcs, Secretary Regional Manager
FAX COVER SHEET
DATE: _ _/j
11
i
CO:
FAX #:
g
NO. OF PAGES
CO:
FAX #:
REMARKS:
3 y?2
127 Cardinal Drive Extension, Wilrrungton, N.C. 284W5-3845 • Telephone (919) 395-3900 • Fax (919) 350-2004
An Equal Opportunity Affirmative Action Employer
TOTHL P.01