19931046 Ver 1_COMPLETE FILE_19940101

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-031.8
December 13, 1993
Project: Access Road Maintenance and RepA_i?
Kermit Application by Mr. I y Britt;)
Pender County, N.C.;
Corps Action ID No. 199400776
Mr. Rudolph Schi.ener
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington NC 28401.-1890
Mr. John Dorney
N. C. Division of Environmental Management
P.O. Box 29535
Raleigh NC 27626-0535
Please reference Corps of Engineers letter dated December 6, 1993
regarding compliance of this project with the 1990 COE/EPA Memorandum of
Aggreement (MOA) on the 404(b)(1) Guidelines.
Wetland impacts of this proposal will be minimal and will be
li_mi_ted to the alignment of the existing access road. This alignment
has been kept mowed and subject to minor repair for several years and
has continued to be highly disturbed by the ongoing use of the road by
vehicular traffic. No other work is proposed and no other wetland
disturbance will be caused by this proposal. The proposed work is
considered to be the minimum necessary to repair and maintain the
existing road to a condition that will allow reasonable access to the
owners property. There are no other alternatives other than to continue
to try to use the road in its existing state. There are no "upland"
alternatives. The impact of this project on the remaining highly
disturbed wetlands within the existing road alignment is, as stated
above, of such minimal nature that mitigation has not been proposed.
The repair of the road will include the placement of culverts to
re-establish north-south water movement that may have been blocked by
the existing road and thereby improve the water quality and quantity i.n
the wetlands adjacent to the project.
Please contact me if additional information i.s needed.
J S' aceel4ollis
Charlie Cy: Roy Britt

State of North Carolina
Department of Environmc:, !Y1
Health and Natural Resoiuv (?: 3
Division of Coastal ManagemenI ,
James B. Hunt, Jr., Governor olAft do
Jonathan B. Howes, Secretary F = IIVL --A ??11
Roger N. Schecter, Director
Y(>)j),uary 23, 1994 i U - ? I..
MAR 2 g 1994
Colonel George L. Cajigal
District Engineer WETLANDS Gltc;
U.S. Army Corps of Engineers (_ - WATER QUALIT? S
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
REFERENCE: ACTID-94-0776 Discha:cge Fill Material in Wetlands for Impr.ovemantaa
to Access Road, Pender County, NC
Dear Colonel Cajigal:
The State of North Carolina has completed its review for consistency with
the North Carolina Coastal Management Program pursuant to 15 CFR 930, of Corps
Public Notice ACTION ID 199400776, regarding a permit application submitted by
Mr. Roy Britt, to discharge fill material in wetlands adjacent to Merrick's Creek
and the Northeast Cape Bear River in order to improve an existing access road
near_ Hamstead, Pender County, NC. Based upon our review, we agree with the
applicant's determination that the proposal is consistent with the North Carolina
Coastal Management Program provided the following conditions are met by the
recipient of the permit:
1. An erosion and sedimentation control plan is filed for approval with
the NC Division of Land Resources at least 30 days prior to the onset of
land disturbing activities.
2. A 401 Water Quality Certification is received from the NC Division of
Environmental Management.
Please contact Mr. Steve Benton or Ms. Caroline Bellis, Division of Coastal
Management, at [phone], if you have any questions regarding our finding or
conditions. Thank you for your consideration of the North Carolina Coastal
Management program.
Sincerely,
7,rol- Roger N. Schecte
CC: Rudi Scheiner, US Army Corps of Engineers, Wilmington
Bob Stroud, NC Division of Coastal Management
John Dorney, NC Division of Environmental Management .
Patrick McClain, NC Division of Land Resources, Washington
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportun y At irmdive Action Employer 50% recycled/ 10% poll-consumer poper

State of North Carolina
Department of Environment,
Health and Natural Resources ATI.RMAI •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
p E H N F1
A. Preston Howard, Jr., P.E., Director
February 23, 1994
Mr. Roy Britt
303 Seapath Towers
Wrightsville Beach, N.C. 28480
Dear: Mr. Britt:
Subject: Certification Pursuant to Section 401 of the Federal Clean
Water Act,
Proposed access road repair and maintenance
Project #931046, COE #199400776
Pender County
Attached hereto is a copy of Certification No. 2877 issued to Roy
Britt dated 23 February, 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
I
. Preston Howar. Jr. P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
Charlie Hollis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NORTH CAROLINA
Pender County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Roy Britt in Pender County
pursuant to an application filed on the 13th day of December, 1993 to
repair and maintain an access road.
The Application provides adequate assurance that the discharge of
fill material into the waters of Merrick's Creek and N.E. Cape Fear
River in conjunction with the proposed development in Pender County
will not result in a violation of applicable Water Quality Standards
and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate Sections 301, 302, 303,
306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with
the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. that the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification. This Certification shall become null
and void unless the above conditions are made conditions of the
Federal or Coastal Area Management Act Permit.
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.
This the 23rd day of February, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
rJr. P.E.
WQC# 2877
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS DEC "! M
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 -
December 6, 1993 WETLANDS GR0CI
WATER QUALITY SEG!it'ft
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400776
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Mr. Roy Britt for Department of the Army
authorization and a State Water Quality Certification to discharge fill
material in wetlands adjacent to Merrick's Creek and the Northeast Cape Fear
River associated with maintenance and repair of an access road, near
Hampstead, Pender County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by February 3, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Rudi Schiener, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
a ne Wr' g t
hie Regulatory Branch
Enclosure
-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
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division
of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
•. .. 4
qG9
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-0318
December 1, 1993
Project: Permit Application; Roy Britt
Road Maintenance & Improvement
Pender County, N.C.
Mr. Rudolph Schiener, Area Coordinator
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington NC 28402-1890
Mr. John Dorney
N.C. Division of Environmental Management
P.O. Box 29535
Raleigh NC 27626-0535
RECEIVED
r 1 1993
REGULATORY KWIj
Attached is an application in behalf of Mr. Roy Britt for a
Section 404 permit and Section 401 Water Quality Certification to
authorize the maintenance and improvement of an existing soil road on
Mr. Britt's property located on N.C. Highway 210 about 6.5 miles west
of Hampstead in Pender County, N.C.
This road has been in place for several years and was the subject
of a Corps enforcement action in 1987, whereupon restoration and
corrective action was taken by Mr. Britt and the enforcement file was
closed. The road has continued to be used except during the wettest
periods when it becomes difficult to travel. Recent discussions have
been held with the Corps as to the use of Nationwide Permit 26 to
raise the road with fill so as to allow it to be used throughout the
year, however, the Corps believes it is likely that the wetlands in
the area are "adjacent" wetlands to one of the creeks tributary to the
Northeast Cape Fear River. On the other hand, we believe it is not
likely that the particular wetlands associated with the road are
adjacent to these creeks, but the surveying and other study needed to
demonstrate our position to the Corps is cost-prohibitive.
ng roa . ease contact me if there are any
questions or if additional information is required.
Through our meetings with the Corps, and particularly our onsite
meeting in early October, it was decided that we would submit this
individual application for the necessary authority to perform the need
work on this existi d 01
Si cerely,
Charlie Hollis
Please type or print. Carefully describe all an. d. Describe the planned use of the project.
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing a >: Yi st ine road wi 11 1, ma i nr a i n ad
stormwater control. If the requested informa=: E 1(f i 11 ad) to allow vehicles to use
not relevant to your project, write N/A (not ap- it rn acress nri vare woodl anti -A=rty
plicable). Items 1-4 and 8-9 must be completed' foc i -
1993-, - . ;. s-_?
all projects. - LAND AND WATER , r .;"i:?: -
T^ RY ERp rgcl+ CHARACTERISTICS
:a i:
1 =APPLICANT -- •? ?? _ ... _.. `? u
a. Size of entire tract 82 acres
a. Name ROY BRITT b. Size of individual lot(s) N/A
Address 303 SEAPATH TOWERS C. Elevation of tract above mean sea level or Na-
Ciry WRIGHTSVILLE BState NC tional Geodetic Vertical Datum 25 feet
Zip 28480 JDay phone [phone] d. Soil type(s) and texture(s) of tract sand

b. XX Landowner or Authorized agent
Project name (if any)
e. Vegetation on tract grass in road
c. If the applicant is not the landowner, also give f. Man-made features now on tract
the owner's name and address. - Existing road
AGENT; CHARLIE HOLLIS 9. What is the CAMA Land Use Plan Classifica.
REGULATORY CONSULTANT tion of the site? (Consult the local land use
138 GREEN FOREST DRIVE plan.)
WILMINGTON NC 28409 Conservation Transitional
2 LOCATION OF PROPOSED Developed Community
R
l
PROJECT ura
h. How is the tract zoned by local government?
N/A
a. Street address or secondary road number i. How are adjacent waters classified?
NC Hwy 210; 11,124' N of Harrison's Cr. Has a professional archaeological survey been
b. City, town, community, or landmark carried out for the tract? No
Hampstead If so, by whom?
c. County Ponder
d. Is proposed work within city limits or planning 5 UPLAND DEVELOPNi?rf-''-
jurisdiction? Nn
-
e. Name of body of water nearest project

Mprrirlelq NE Cape Fe Complete this section if the project
includes any
ar R)
upland development. No Developmnt
e
3 DESCRIPTION AND PLANNED a• Type and number of buildings, faci
lities, or
st
ructures proposed
USE OF PROPOSED PROJECT ,
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
No development proposed- road
contlnUes to nrovide access to
woodland prop rry
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? Maintenance
c. Will the project be for community, private, or
commercial use?
Private
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation 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?
f. Give the percentage of the tract within 15 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. No paving proposed
h. If applicable, has a stormwacer management
plan been submitted co the Division of En-
vironmental 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?
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to
waters of the state (for exampler surface runoff,
sanitary wastewater, indusmal/commercial
effluent, or "wash down"). NnnP
m. Water supply source
n. If the project is oceanfront development.
describe the steps that will be taken to main.
cam established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
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
(Within Road)
11 e. Amount of fill, in cubic yards, to be placed
+1600' 30'
b. Amount of material to be excavated from
below water level in cubic yards NAn
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? wetlands
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area? Yes_
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/
If so, where?
j. Does the disposal area include any marshland,
swampland.'or water areas.'
k. Will the fill material be placed below mean
high water?
1. Amount of fill in cubic yards 000
m. Type of fill rpaterial wand
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands? within existing road
p. Dimensions of the wetland to be filled 1 18' x +1600'
q. How wtil excavated or fill material be kept on
site and erosion controlled? inn o d slope
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? trader/dozier
s. Will wetlands be crossed in transporting equip-
ment to the project site? no if yes. explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
below mean high water
f. Type of fill material
2
ADDITIONAT?INEORMATION
In addition to the completed application form, the
following items must be submitted:
A ropy 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 for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion 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 8 ?1 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 the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in- consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name Blanv W. Batts
Address 117 Dunn P1.
Wilmington NC 28405
Name 9. Qgdwin
Address 21 5 S. Can h ury Rd.
Wilmington NC 2840'
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permirtee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PER11riIS
SION TO INTER ON LAND`- ==y
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I 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 ap-
plication and follow-up monitoring of project.
This is the sr day of Z)OZE-sevc
19 93 i
-.eni~er or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
13
12
i'
D
I
"--N.
MILE
:ET MAINTENANCE OF EXISTING ROAD
REQUEST FOR SECTION 404 PERMIT
ROY BRITT
303 SEAPATH TOWERS
WRIGHTSVILLE BEACH NC 28480
NOVEMBER 1993
;T Sheet 1 of 2

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46
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ROAD CLASSIFICATION y9
Primary highway, Light-duty road, hard or
hard surface...__ ._ improved surface
Secondary highway,
hard surface ........... .-,-.- Unimproved road.-..-------
Trails._ ___-__-.._ __ _ _ _
Q Interstate Route d U. S. Route O State Route
s?T
MOORETOWN, N. C.
NEA ROCKY POINT IS' oUADRANOLE
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IVIM 111:

DEC 1 3 1993
DEPARTMENT OF THE ARMY nWATE
Wilmington District, Corps of Engineers
Post Office Box 1890 WETLAiVDS GRJ,.
Wilmington, North Carolina 28402-1890 R L1
4L1TVQC1 '
Action ID No. 199400776 December 9, 1993
PUBLIC NOTICE
MR. ROY BRITT, 303 Seapath Towers, Wrightsville Beach, North Carolina
28480, represented by MR. CHARLIE HOLLIS, Regulatory Consultant, 138 Green
Forest Drive, Wilmington, North Carolina 28409, has applied for a Department
of the Army (DA) permit TO DISCHARGE FILL MATERIAL IN WETLANDS ADAJCENT TO
MERRICK'S CREEK AND THE NORTHEAST CAPE FEAR RIVER ASSOCIATED WITH MAINTENANCE
AND REPAIR OF AN ACCESS ROAD, NEAR HAMPSTEAD, Pender County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed discharge of approximately 2,000 cubic yards of
fill material (sand), obtained from an upland borrow area, to maintain and
repair about 1600 linear feet of an 30-foot-wide road through wetlands. The
fill material is to be leveled as the road is repaired by motor-grader or
dozier. The road provides private access to an approximate 82 acres located
6-1/2 miles west of Hampstead. Presently, there are no plans for development
of the property. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR),.pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to firnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.. '
-3-
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations.Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after January 7, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before January 3, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudi Schiener, until 4:15 p.m.,
January 10, 1994, or telephone [phone].
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State of North Carolina
Department of Environment,
Health and Natural Resources AT4?.
Division of Coastal Management -?I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
E H N
JAN U 7 egg D
01/05/94
Mr. Jim Gregson D 0r
NC DEH&NR COASTAL. &'^;fJIAGEMEN
Div. Environmental Management
127 Cardinal Drive
Wilmington, NC 28405
REFERENCE: ACTID-94-0776 County: I "' C
Applicant/Sponsor: Mr. Roy Britt
Discharge Fill in Wetlands for Access Road Repair
Dear Mr. Gregson:
The attached U.S. Army Corps of Engineers Public Notice, dated
12/09/93 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 01/21/94.
Sin kly,
e e B.'enton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
-This office -flm prosa
No comment.
Signed -
Date ?`h9
Agency Z -?, ,IrQ
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400776 December 9, 1993
PUBLIC NOTICE
MR. ROY BRITT, 303 Seapath Towers, Wrightsville Beach, North Carolina
28480, represented by MR. CHARLIE HOLLIS, Regulatory Consultant, 138 Green
Forest Drive, Wilmington, North Carolina 28409, has applied for a Department
of the Army (DA) permit TO DISCHARGE FILL MATERIAL IN WETLANDS ADAJCENT TO
MERRICK'S CREEK AND THE NORTHEAST CAPE FEAR RIVER ASSOCIAM WITH MAINTENANCE
AND REPAIR OF AN ACCESS ROAD, NEAR HAMPSTEAD Pender County; North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed discharge of approximately 2,000 cubic yards of
fill material (sand), obtained from an upland borrow area, to maintain and
repair about 1600 linear feet of an 30-foot-wide road through wetlands. The
fill material is to be leveled as the road is repaired by motor-grader or
dozier. The road provides private access to an approximate 82 acres located
6-1/2 miles west of Hampstead. Presently, there are no plans for development
of the property. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CANA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.

-3-
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after January 7, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before January 3, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudi Schiener, until 4:15 p.m.,
January 10, 1994, or telephone [phone].
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DEPARTMENT OF THE ARMY U?+ LOFFC, 13 1993
W ilmington District, Corp¦ of Engineers
Post Office Box 1890 ANVDS G
Wilmington, North Carolina 28402-1890 WAIIt.11TIV
Action ID No. 199400776 December 9, 1993
PUBLIC NOTICE
MR. ROY BRITT, 303 Seapath Towers, Wrightsville Beach, North Carolina
28480, represented by MR. CHARLIE HOLLIS, Regulatory Consultant, 138 Green
Forest Drive, Wilmington, North Carolina 28409, has applied for a Department
of the Army (DA) permit TO DISCHARGE FILL MATERIAL IN WETLANDS ADAJCENT TO
MERRICK'S CREEK AND THE NORTHEAST CAPE FEAR RIVER ASSOCIATED WITH MAINTENANCE
AND REPAIR OF AN ACCESS ROAD, NEAR HAMPSTEAD, Pender County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed discharge of approximately 2,000 cubic yards of
fill material (sand), obtained from an upland borrow area, to maintain and
repair about 1600 linear feet of an 30-foot-wide road through wetlands. The
fill material is to be leveled as the road is repaired by motor-grader or
dozier. The road provides private access to an approximate 82 acres located
6-1/2 miles west of Hampstead. Presently, there are no plans for development
of the property. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
a. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers. '
-3-
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after January 7, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before January 3, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudi Schiener, until 4:15 p.m.,
January 10, 1994, or telephone [phone].

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DEC -2 03
CHARLIE HOLLIS WETLANDS GRQIIY TER UALITY S Cl "''
REGULATORY CONSULTANT ??
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-0318
December 1, 1.993
Project: Permit Appli_cati.on; Roy Britt
Road Maintenance & Improvement
Pender County, N.C.
Mr. Rudolph Schiener, Area Coordinator
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington NC 28402-1890
Mr. John Dorney
N.C. Division of. Environmental Management
P.O. Box 29535
Raleigh NC 27626-0535
Attached is an application in behalf of Mr. Roy Britt for a
Section 404 permit and Section 401 Water Quality Certification to
authorize the maintenance and improvement of an existing soil road on
Mr. Bri.tt's property located on N.C. Highway 21.0 about 6.5 miles west
of Hampstead in Pender County, N.C.
This road has been in place for several years and was the subject
of a Corps enforcement action in 1987, whereupon restoration and
corrective action was taken by Mr. Britt and the enforcement file was
closed. The road has continued to be used except during the wettest
periods when it becomes difficult to travel. Recent discussions have
been held with the Corps as to the use of Nati.onwi.de Permit 26 to
raise the road with fi.11 so as to allow it to be used throughout the
year, however, the Corps believes it is likely that the wetlands in
the area are "adjacent" wetlands to one of the creeks tributary to the
Northeast Cape Fear River. On the other hand, we believe it is not
likely that the particular wetlands associated with the road are
adjacent to these creeks, but the surveying and other study needed to
demonstrate our posi.ti.on to the Corps is cost-prohibitive.
Through our meetings with the Corps, and particularly our onsite
meeting in early October, it was decided that we would submit this
individual application for the necessary authority to perform the need
work on this existing road. Please contact me if there are any
questi.ons or if additional i.nformati.on is required.
S' cerely,
Charlie Hollis

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1 APPLICANT
a. Name ROY BRITT
Address 303 SEAPATH TOWERS
City WRIGHTSVILLE BState NC
Zip 28480 JDay phone [phone]
XX Landowner or Authorized agent
b. Project name (if any
d. Describe the planned use of the project.
R, Stine road will be maintained
(filled) to allow vehicles to use
it to access nrivate woodland pX=rty
4 -LAND AND WATER
-- CHARACTERISTICS .
a. Size of entire tract 82 acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 25 feet
d. Soil type(s) and texture(s) of tract sand
e. Vegetation on tract grass in road
c. If the applicant is not the landowner, also give f. Man-made features now on tract
Existing road
the owner's name and address. g. What is the CAMA Land Use Plan Classifica-
AGENT: CHARLIE HOLLIS tion of the site? (Consult the local land use
REGULATORY CONSULTANT plan)
138 GREEN FOREST DRIVE Conservation Transitional
WILMINGTON NC 28409 Developed Community
2 LOCATION OF PROPOSED Rural Other
PROJECT h. How is the tract zoned by local government?
N/A

a.
Street address or secondary road number i. How are adjacent waters classified?

NC Hwy
210; 11,124' N of Harrison's Cr. j.
Has a professional archaeological survey been

b.
City, town, community, or landmark carried out for the tract? No

if so, by whom?
Hampstead
c.
d. County Perider
Is proposed work within city limits or planning
5 UPLAND DEVELOPMENT"
jurisdiction? No
e. Name of body of water nearest project Complete this section if the project includes any
MPrri rk' c C:rppk (Trib to NE Cape Fear R) upland development. No Developpment
a. Type and number of buildings, tacilities, or
3 DESCRIPTION AND PLANNED, structures proposed
USE. OF PROPOSED PROJECT
b. Number of lots or parcels
a. Describe all development activities you propose c. Density (Give the number of residential units
(for example, building a home, motel, marina, and the units per acre.)
bulkhead, or pier).
No development proposed: road
continues to n ovid access to d. Size of area to be graded or disturbed
woodland property e. If the proposed project will disturb more than

If you plan to build a marina, also complete one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a
isting project, new work, or both? Maintenance sedimentation and erosion control plan been
submitted to the Division of Land Resources?
c. Will the project be for community, private, or
commercial use? f. Give the percentage of the tract within 75 feet
Private of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
4b
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards NAn
surfaces. No paving proposed c.
d. Type of material
Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands? wetlands
plan been submitted to the Division of En- e. High ground excavation, in cubic yards
vironmental Management? N/A f. Dimensions of spoil disposal area
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area
water treatment facilities. N/A
h.
Do you claim title to the disposal area? yes_
j. Have these facilities received stare or local If not, attach a letter granting permission from
approval? the owner.
k. Describe existing treatment facilities. i. Will a disposal area be available for future
N/A maintenance?/
If so, where?
J. Does the disposal area include any marshland,
1. Describe locarion and type of discharges to swampland,'or water areas?
waters of the state (for example surface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industriaUcommercial high water?
effluent, or "wash down"). ra?nP I. Amount of fill in cubic yards 7000
m. Type of fill rpaterial sand
n. Source of fill material
m. Water supply source o. Will fill material be placed on marsh or other
n. If the project is oceanfront development, wetlands? within existing road
+1600
'
describe the steps that will be taken to main- p. x
Dimensions of the wetland to be filled A 18
tain established public beach accessways or pro• q. How will excavated or fill material be kept on
vide new access. site and erosion controlled? controlled slope
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? hydraulic dredge)? grader/dozier
6 EXCAVATION AND FILL s. Will wetlands be crossed in transporting equip-
INFORMATION ment to the project site? no If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava. vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
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
(Within Road)
+1600' 30'
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2

5 ?ADDITIONAL?INEORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion 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 8 li x 11 white paper. (Refer to Coastal
Resources Commission Rule 7).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 the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in-consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name Blanv W. Batts
Address 117 Dunn P1.
Wilmington NC 28405
Name E. w'
Address 21 5 S. Canterbury Rd.
Wilmington NC 28403
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS
SION 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 condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I 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 ap-
plication and follow-up monitoring of project.
This is the sr day of 2 ?67'S
19 93
X
-L?ARAN w?-- or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3

1 MILE
:ET MAINTENANCE OF EXISTING ROAD
REQUEST FOR SECTION 404 PERMIT
ROY BRITT
303 SEAPATH TOWERS
WRIGHTSVILLE BEACH NC 28480
NOVEMBER 1993
;T Sheet 1 of 2
rtvMU ?Li+aalrltrHiwrv
Primary highway, Light-duty road, hard or
hard surface ................ Improved surface.__.
Secondary highway,
hard surface Unimprov ed road ......... - - - - - -
Trails ................................ - -- - --
0 Interstate Route a U. S. Route O State Route
M OORETOWN, N. C.
NE/4 ROCKY POINT IS' OLIADRANOLE
N3422.5-W7745/7,5
1970
mm-N.
° 22' 30"
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 6, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400776
Mr. Roy Britt
303 Seapath Towers
Wrightsville Beach, North Carolina 28480
Dear Mr. Britt:
(4'
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;, qn,
Reference your application for Department of the Army (DA) authorization
to discharge fill material in wetlands adjacent to Merrick's Creek and the
Northeast Cape Fear River associated with maintenance and repair of an access
road, near Hampstead, Pender County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by January 3, 1994. Also, a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
-2-
If you have questions, please do not hesitate to contact Mr. Rudi
Schiener, Wilmington Field Office, Regulatory Branch, telephone (910) 251-
4629.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region Iv
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, GA 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
ivision of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division
of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, North Carolina 28409