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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 Enc. cc: USAED/Wilmington ?; x,77 ?? ova og? ?° ??Ste c?e4?`Slat,°o 0 cats °S Jew 0 ?,ca`?°n c ?Pl hr`s aQQ of Pcl c S 1 ??ca P ?,S C°ast2 5 ??? CG' ?iU ???ca4?c Sa ?3 ??9 c??ticat?o? Nst???°nl ? Cc'?`ava,?A ti?5 t °? ?a?' ??J??teal aC G S J`<?c4 ?c`,ccs ce rtt?a6.1'L le;asG G S. accts ?U`O?', `s Pctoti 11 • ab?c? Ap ?Q?P' ??,?? ,?atc ?b°fi 4btie a?a?a 1,1 C tNcv° ?n1??v gyp- cn;J cwt a?a?cc? ECoas?oc???,?y Goalccs coy 1cs?c`ag o ?Q s t e GOSc? tc? ?,ct Sccvo ??ea? ot.17c an?a ?,scrac q mat o ???e off`°cc? Sec onA? o. to 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 . w &N 372- \0 ?eW .?' )FW CY% 14, f ? i?y \ q Q'? q 2 0 ?Q \4?%, W 6r ?- o I? w d co 0 of z z ? Q MG ~ = z ( QI p Co W m o v Qj V) w W U z z Q Q z c w I Q .!- wiz o J cc s .S Lij u w O \w#? W v? d d Nov S 1993 w a M M t y - giddy r?C? •M? J-??M?9?? f'???3 ? 0 5d? ? 8 ? c.? .?- " ? cn _ O N? CD z W N T3 C? • 1 1 ?_ Q W co WA . cn U O Z LLJ O \ N r, Z W m a .°. (D v w 0 v 0 vi < z o\ I I °? Z ° Z~_ z ??W -' w Q W G 5 o I Q z = z „? s V Z g w cao ?? 0I Q z U $? N " I U 3 ?Q ? ?\\ ? fn obi cnS ?Q? m I \ w N Tic yb. c\' p E ?xo w o r i -??0 Z w -?? Z 1N \ i lo? w (L Q ?o -72 W NOV 19 3 COASTAL Mi vi _? --- - z o I - Z 0 ?I Q ?I V w W 0 i JJ? ?;?t?l?-?G t?I?E 4? M1??. 5P_IL_t_?VAY W1 . c!' MIH• ApJUST. FLASH 5oARD5 - ?i`%CfJ GIJ ( role EXIST 6 ADE VARIES p 1p g'-? iJ J,J t t?rFj210?217114h Q5 le gLjl leg's EXTEND SPILT\'YA T-PI PE. _ra =YL- SECTION THRU SPOIL AREA NO SCALE 41 MIDI. ?o MIL.. POL_YETI?YL?>`IEGoVEK I'/2 MIS I?MIN. Z?MIN. ? ? I , I &'MIM. (At3DV; EXIST GRAt7E) 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 N q?qS 4. ,-Y ?j Ay ? 1 ? ?? o c ? ? y ?/?oq y? ?i ?4y w a V, o r w? f\ `j 1993 i01 ! 1TT ewo a? z Q co I? C7 ? w !J U) w W z Q I Q C'LIJ Q - ?I w ?T ?I ico W d T 2 0! ~ C) --! o? J .1 o I _\ ?V v ?O V \a -"` N , t I- jr- Y ? ?- o _ ? ? ? W u1 O ? O Q 7 U ?, cU 8 'r' N C) M lZ G Z w CV ' - >- Q O al N U Z ' W 22 \ co cl: p W a?. 0 co CO O < W Za W Z U C'3 W o Z V) - Q > W)? Q 06 Z O ,? Z W Y 0 w z Q W vZ W cal o =z O U o ? -Z U ? s U y- 3 w ?m?Q Cl) \IJ3 , v ? ?I NOV 1S 3 i Vi • 11 O 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 -- 5U5Ta"ri ? l2?A I ? ? ? ?2 (Z? q2F, Az, AFL 961!?-A RY _ VARIE' ` 5P_ll L\?/AY w/ 4? MIN 4I M'N' _ p.pJUST. FIASN DDARDS _77, III, ?• ??,_1_I???.L.?_?.??,,??-, •;?i,- ?,-•'ac_ I ? I ? ???M?N. 6o MIL..?OL.Y?T4-?YL.GNE Go?/ErZ ? ?j` ? (AWV?-; C194o ) ;- 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