19950610 Ver 1_COMPLETE FILE_19950110

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
[4 *0
?EHNR
July 14, 1995
New Hanover County
DEM Project # 95610
APPROVAL of 401 Water Quality Certification
Ms. Dorothy Werk
401 Beach Road North
Harriette Township, N.C. 28405
F I Lt Glirh
Dear Ms. Werk:
You have our approval to place fill material in 1070 square feet of wetlands or waters for the
purpose of installing and filling behind a bulkhead at 401 Beach Road North, Figure 8 Island, as you
described in your application dated 19 June 1995. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 2665. This certification allows
you to use Nationwide Permit Number 13 or its equivalent when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go.ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ton Ho rd, Jr. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Bud Needham; Needham and Jernigan
John Parker; DCM - 95610.1tr
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
q J? ?4
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dorothy Werk
2. LOCATION OF PROJECT SITE: 401 Beach Rd. North, Figure 8 Island, Wilmington, NC
28405
Photo Index - 1989:.176-11; Gr. L-10 1984: 19-1551; Gr. Q-4
State Plane Coordinates - R: 2386050 Y: 198600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/17/95; 2/2:
Was Applicant Present - Y
5. PROCESSING PROCEDURE: Application Received - cc: 6/05/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, FS
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - None
(F) Type of Structures: Existing - Residence
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
M.q
I J! Iii 19
OTHER
(A) Vegetated Wetlands
S artina ap tens, Bomchia frutescens 1070 sf
(B) Non-Vegetated Wetlands
(C) Other
High Ground 204 sf
(D) Total Area Disturbed: 1274 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMIARY: Applicant proposes to construct a bulkhead around the footprint of
their house deck which is underlain by wetlands.
Werk
Page 2
9. PROTECT DESCRIPTION 6/08/95
The project site is located on the northwest side of Figure 8 Island. This is a residential area, and there
is a residence on site. The residence was permitted under Minor CAMA permit # 86-10, and allowed
for the home to be constructed up to but not within the wetlands. The property is approximately .87
acres in size. The house is serviced by a well and septic tank. The lot averages 6' above mean sea
level. The substrate on the lot is sandy.
The property is adjacent to the 650' stretch of coastal wetlands adjoining Middle Sound. This body of
water is classified SA-ORW by the Division of Environmental Management. The waters are open to
the taking of shellfish, and the area is a designated Primary Nursery Area. New Hanover County
classifies the area as Conservation.
The applicant has been unhappy with the wet conditions around the home since its construction. They
feel they were misled by the architect who was contracted by them to obtain all permits and construct
the home. The were unaware of the wetland alignment. The home was constructed in close proximity
to the wetlands only because they could encroach no closer to the road without a variance from the
Figure 8 Island Planning Board of Adjustments.
The applicant constructed an illegal berm within the wetlands sometime after living in the home. This
was intended to keep the water from under the structure. When the berm instead contained the lunar
tides under: the structure, the property began subsiding more, and Spartina alterniflora began
volunteering. At this point a landscape architect was contacted who knew that any development would
require CAMA authorization. The applicant was informed by the DCM Field Rep. that the berm was
not legal, and any further development would require a Major permit. Removal of the berm was
required, after which the waters subsided, and sand deposited with extreme tides began to accumulate.
The system is naturally converting to a higher wetland category. At the time of application submittal,
SSpartina patens and.Borrichia frutescens were present and stressed.
The desire of the applicant is to construct a 229' timber bulkhead around the pilings that support the
elevated deck on the house. This would be backfilled with sand, to an elevation of approximately 2'
above mean sea level. The structure as proposed would fill approximately 1070 square feet of the above
mentioned coastal wetlands, and approximately 204 square feet of high ground.
10. ANTICIPATED UMPACTS
The construction of the bulkhead would allow for the filling of approximately 1070 square feet of
stressed coastal wetlands, consisting of Spartina 12a tens and Borrichia frutescens, and approximately 204
square feet of high ground. All work can be accomplished from high ground.
Submitted by: T. Barrett Date: 6/08/95 Office: Wilmington
R
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Figure Eight Island (Harnette)
1. APPLICANT
a. Landowner:
Name Dorothy R. Werk
Address 401 Beach Rd. North
City Harnette TownshipState NC
Zip 28405 Day Phone [phone]
Fax
c. Street address or secondary road number
401 Reach Road North
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) m i a cl 1 e s a ii n r1
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name Needham, Jernigan & Assoc., Inc. a.
Address 2737 River Road SE
City Winnabow
State NC
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of small, treated
bulkhead around base of house and
sand fill to mean depth of 25"
to cover 0.03 acres.
C.
2. LOCATION OF PROPOSED
PROJECT
a. County New Hanover
Zip 2 8 4 7 9 Day Phone [phone] _ _b.eTroposed activity maintenance of an existing
L)?j ?- ' ?- pr je44 'ew work, or both? m P w w r r k
Fax [phone] i ,
1oWill a project be for public, private or commercial
' ° '`'I?g?e? Private
Project name (if any) 0 P
Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE: Permit will be issued in name of landmvner(s), tad/or project. If more space is needed, please attach
additional pages. Rii l khaa r1 a n c1 fill a ra
project name.
fo reduce wt=t ondition. around
foundation.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.87 Ac
b. Size of individual lot(s)
0.87 Ac
c. Approximate elevation of tract above MHW or
NWL 6.0 Ft
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Fill site is non-
vegetated.
f. Man-made features now on tract House, deck
in. Describe existing wastewater treatment facilities.
Septic tank on property
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
Community well
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site. (consuh the local iand use pian.) following items must be submitted:
X Conservation Transitional
Y 01
A dopy of the deed (with state application only) or
Developed Community =
Rural O other instrument under which the applicant claims title
r to :,the affected properties. If the applicant is not
h. How is the tract zoned by local government?l`;,'.`; v 6 X995 claiming to be the owner of said property, then
Residential forward a copy of the deed or other instrument under
Cl which the owner claims title, plus written permission
i. Is the proposed project consistent withthe applicable' ?`.,-' ,3 E'f dO tie owner to carry out the project.
zoning? X Yes No
(Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
vpa?a nv"
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Max Harmon
Address 4109 Redwine Dr Greensboro, NC
Phone
Phone
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
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 certify that I am authorized to grant, and do in fact,
grant permission to. representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
Address Name 825 Gedrge Buttonwood Dr Winston-Salem application is truthful to the best of my knowledge.
Phone
This is the 26i-.-h day of A = ,-; ? , 19g?.
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name Dorothy R . Werk
permittee, and issuing dates.
Li Signature'
CAMA Minor Dev Permit #86-10
Landowner or Aut riled agent
Issued to Emile E Werk 4/1?C_8, `
11A = r 1 C'
V e U
Letter from COE (attached) 9/30/87
rPlease-indicate attachments pertaining to your proposed
• A check for $250 made payable to the Department of TA' S ject ,s
Environment, Health, and Natural Resources P ro. • w' ;, T
(DEHNR) to cover the costs of processing the V/ DCM MP-2 Excavation and Fill Information
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or . use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Name Willis Hidell
Address 631 Museum Dr Charlotte NC
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
f Form DCM-MP-2
EXCAVA
AND FIL
711.1 Ell -T[- 7/
-i
?Jl.!\ 0 5 1995 J
(Except bridges and culverts) DIVISION OF
COASTAL MANAGEMLE-: fT
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION
other sections.of the Joint Application that relate to this
proposed project.
a. Amount of material to be excavated from below
Describe below the, purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Eidcting Project
Length Width Death Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

' a

2-7 8 '. -row 2. a
2.08
2 2 t S 2.08
MHW or NWL in cubic yards t? Q ne.
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2.- DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area f A
b. Dimensions of disposal area
c. Do; you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
If yes,
(1) Amount of material to be placed in the
water ,e
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
_ / Yes No
a. Type of shoreline stabilization LJ U(I? ' i e ions of fill area IL162 s% ?-.
? Bulkhead Riprap D ?'
JUN ?? P Moose of fill To Q a
b. Length 224 -Pt 12oF,wt¢4r V 1kont 0'roaviJ armo Those
c. Average distance waterward of MHW or NWL p9VS..iCN G ENT
1 tvi :Ark A•a ?.iVi
c-??,STA
5. GENERAL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material ire kd 47.a?,.e
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap f6
(2) Bulkhead backfill
h. Type of fill material c&Mel
i. Source of fill material
a. How will excavated or fill material be kept on site
and erosion controlled? zc,L
b,\khsJ till he send-ruclec mraunk
bos al hna.eQ -ie _"an 911 wale.;e./
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
F.0 maw ht meanual or bg rAln6r
i p-m ond'
c. Will wetlands be crassed in transporting equipment
to project site? Yes %/ : No
If yes, explain steps that will be taken to lessen
environmental impacts.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
t7, oro 9- Q?k
Applicant or Project Name
Signature
5 av%e lg9S
Date
Revised 03/95

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NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Dorothy Werk of New
Hanover County, filed an application on 06/05/95, for a permit from the Division of Coastal
Management to develop in an Area of Environmental Concern and for certification from the
Division of Environmental Management that a discharge of fill material in project wetlands
will not violate applicable water quality standards.
According to said application Dorothy Werk proposes to construct a bulkhead around
the footprint of their house deck which is underlain by wetlands, at 401 Beach Road North,
Figure 8 Island, Wilmington, NC in New Hanover County.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Environment, Health and Natural Resources, Division of Coastal
Management, and Division of Environmental Management, located at 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, 910/395-3900.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before 07/12/95. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
07/07/95 for consideration in the LAMA permit decision, and to Mr. John Dorney, Division
of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to 07/03/95
for consideration in the water quality certification decision. Later comments on the CAMA
application will be accepted and considered up to the time of permit decision. Project
modifications may occur based on review and comment by the public and state and federal
agencies. Notice of the permit decision in this matter will be provided upon request.
PUBLISHED ON: Saturday, June 17, 1995
RECEIVED
JUN 2 91995
ENVIRONMENTAL SCIENCES