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HomeMy WebLinkAbout19951132 Ver 1_COMPLETE FILE_19950110State of North Carolina Department of Environment, Health and Natural Resources AYA Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N A. Preston Howard, Jr., P.E., Director Division of Environmental Management Water Quality Section MEMORANDUM To: Doug Huggett; DCM From: John Dorney, DE Date: January 11, 1996 Subject: Water Quality Review William Edward Mingin project New Hanover County DEM #951132 DEM has reviewed Mr. Mingin's plan to dredge 3,000 square feet of shallow bottom habitat around his existing dock. As you are aware, the area is classified as SA open and as a Primary Nursury Area (PNA). Since it is a PNA, dredging may remove the existing PNA use of the area. Therefore DEM suggests that DCM deny the CAMA permit for this activity. Please call me at 733-1786 if you have any questions. cc: Jim Gregson; DEM Wilmington Regional Office Central Files 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 Y 4 --- DIVISION OF COASTAL MANAGE FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William Edward Mingin 151132 2. LOCATION OF PROJECT SITE: Adjacent to the AIWW in Greeneville Sound at 6600 Towles Rd., between the Shandy and Turtle Hall developments in New Hanover County. Photo Index - 1989: 175-28, gr. 11 K&L 1984: 18-226, gr. 13 V&L State Plane Coordinates - %: 2355800 Y: 164900 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/94, 10/12/95 Was Applicant Present - Y . OCT 3 0 1995 5. PROCESSING PROCEDURE: Application Received - cc: 10/20/95 p WETLAND 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 - Municipal Sewer Planned - None (F) Type of Structures: Existing - Home, Pool, Pier, Bulkhead Planned - Excavation (G) Estimated Annual Rate of Erosion: N/A Source - NIA 7. HABITAT DESCRIPTION: [AREA] nD'Vi 1"-TV2 Urr r rrr (A) Vegetated Wetlands 11++ V l lltijt (B) Non-Vegetated Wetlands (C) Other High Ground 15,000 sf Shallow Bottom 3000 (D) Total Area Disturbed: 18,000 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA (G) Open: Yes 8. PROJECT SUMMARY: Applicant proposes to excavate around his existing dock. William Mingin Page 2 9. PROTECT DESCRIPTION 10/20/95 The project site lies south of Bradley Creek between the Shandy and Turtle Hall developments in New Hanover County. The property address is 6600 Towles Rd, and is approximately 3/4 acre is size. Towles Rd. is residential with the exception of the old Westsail property at the northeast terminus of the road. The project site is the southeast terminus of Towles Rd., and supports a residence, a pool, a bulkhead, and a pier. The lot is landscaped with high ground grasses and shrubs to the bulkhead. Spartina alterniflora marsh appears to abut the bulkhead on aerial photography, but in reality is offset from the bulkhead by 6' to 8'. This is probably due to recent accretion of sand against the bulkhead face. The existing pier spans the marsh for approximately 80'. The bottom in the project area is sandy. The waters of Greeneville Sound are classified SA by the Division of Environmental Management. The area is designated as Primary Nursery by the Division of Marine Fisheries, and is open to the taking of shellfish for consumption. New Hanover County classifies the area as Conservation in their Land Use Plan. There was a CAMA permit, #55-79, issued for dredging in the adjacent area, from the Westsaii Plant south for 220'. This project was realized. In addition, a permit was issued in 1974 for excavation to within 52' of the bulkhead on this project site, in the name of Charles Ellington. At that point in time, the excavation would have led to and around the T-head at the end of the pier. The pier has since been extended beyond that T-head. There is no indication that this excavation was ever accomplished. Evidence on the aerial photography does not show any dredged or maintained channel extending into this project area. The regulatory staff and marine contractors that worked in this area during that period in time do not recall that the area was ever dredged. Soundings in the area currently average -1' mean low water to -3' mean low water. The applicant is proposing to excavate a 40' x 60' basin around the northeast end of his pier to a depth of -4' mean low water. He is also proposing to continue an access channel to the point reaching -4' mean low water, which would be for 30' eastward. This channel would also be excavated to a depth of -4' mean low water, and would be 20' in width. The applicant expects to remove 445 cubic yards of material from the system with this project; however, based on the submitted soundings, which have been field verified, this amount should be closer to 300 cubic yards. The spoil is to be placed on an existing US Army Corp of Engineers spoil island at channel marker 125. This island is presently diked, and permission is on file to use it. The diked portion of this spoil area that the applicant is using is approximately 300' x 500', but the applicant plans to utilize a 150' x 100' area in the southwest corner. Excavation will be accomplished by hydraulic clam bucket to barge, and off loaded at the spoil site partially de-watered. 10. ANTICIPATED EWIPACTS This project would excavate material from an area previously untouched. The excavation would remove approximately 300 cubic yards of sand from the system. It will disturb approximately 3000 square feet of shallow bottom area, and cause temporary turbidity increases. The spoil will cause the fill of approximately 15,000 square feet of high ground within an existing diked spoil area. Submitted by: T. Barrett Date: 10/20/95 Office: Wilmington Piease 'tSpe or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 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? 1 APPLICANT Rnth c. Will the project be for community. private, or a. Nambi William Edward Mingin commercial use? Address 6600 Towles Raad pvat;e City: :Wilni-inzt%?n State N:C. d. Describe the planned use of the project. drPdgi ng to R11 n?w`nPrGnna 1 hnn t Zip 9,84nA Day phone (910)392-9961 to be tied to existing floating yes Landowner or Authorized agent dock, b. Project name (if any) rTfA 4 LAND AND WATER c. If the applicant is not the landowner, also give the CHARACTERISTICS owner's name and address. a-: SizeW entire tract -nq S A b. Size;of individual lot(s) 3/4A .4 4 `c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 LOCATION OF PROPOS.EQ + -9fppt PROJECT ; A d. -Soil type(s) and texture(s) of tract sand and Topsoil a. Street address or secondary road number 6600 Towles Road e. Vegetation on tract-- tram and =,g 0 b. City, town, community, or landmark . t??.1,ih,-; gt? f. Man-made features now on tract Bulkhead . Pier/floating dock c. County , New Hanover. ' g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? WA a Conservation Transitional e. Name of body of water nearest project Y_ Developed Community t;eseas t-al--Wat;ewaT Rural Other 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). A6intance dredge area'rlext to ?'. xi a in& 2ier h. How i? the tract zoned by local government? Residential i.. How are adjacent waters classified? +fntercoastal j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 3191 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 m. Water supply source a City n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or pt v;dAe new access. d. Size of area to be graded or disturbed o 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? 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 be used for paved surfaces. N /,SL h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? . N/A Describe ro sed sewa a disposal and/or waste 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 (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Length Width Depth 20 30' .4 60 -40 _ '4 h-- wetlAid`or-below momi r. water treatmen facilities N/A 111-placeiti* - j j. Have these facilities received state or local approval. rA Yes areas i,.-)ON Gt 0 %J I NAG k. Describe existing treatment facilities. City -- 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 tCC*hi urAt firiaterial to be excavated from below water level in cubic yards 445 c. j. c. Type of material sand d. Does the area to be excavated include marshland, swamps, or other wetlands? ' " No e. High ground excavation, in cubic yards nnnP 2 3/91 , n f. Dimensions of sppooil. dispoosal area c. Costal Dee Water"Tias This information on Yl c an your o f-ice ; g. Location of spoil disposatarea Foil Island South d. Side of Shin Creek Off Intercostal Water way e. h. Do you claim title to the dis no posal area? If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maintenance? yes If so, where? j. Does the disposal area include any marshland, swamps, or water areas? . Yes k. Will the fill material be placed below mean high water? o 1. Amount of fill in cubic yards 44"5 m. Type of fill material Sand, n. Source of fill material Dredging o. Will fill material be placed. on marsh or other wetlands? No p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site f. Shoreline erosion during preceding 12 months, in feet None Type of bulkhead material Amount of fill, in cubic yards, to be placed below mean high water None Type of fill mater ial N/A 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) and erosion controlled? 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic use of larger drawings.) A site or location map is a part dredge)? Hvrlranl i r ?1 am h„c-ltPr of plat requirements and it must be sufficiently detailed tPL gtiideaWcy personnel unfamiliar with the area to the site Jiciude county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site?No If yes, explain stePsshai will be taken to lessen environmental impacts. 4 iA-Sttlrmwater management plan, if applicable, that ma have been developed in consultation with the 00 , IF.= of Environmental Management. COASTAL MAI AGEMENT A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of a. Length of bulkhead or riprap 100.40 Ft. Existing that opportunity. b. Average distance waterward of mean high water or normal water level 4Ft. 3/91 Name. Address . Name H. R. Powell Address 6777 Towles Road Wi]mington.N.C. 28409 Name David E. Block Address 329 Limesone Road Ridgefield, Conn. 06877 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 $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). 4 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.Norrh Carolina's ap- p,oved 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 1 , 19-L-2 Landowner or Authorized as t AaL 3Ni on AfF _ 74 _r igntsvi+le 7°8 / -lee ?` `? Wi, •'"'^ ' yYRl6HT?vtELE . Vie:'. ? • ^ ? -??.`<. ,? ,E3EACN mv, L v co+I m ?? 244 Nt/4 •, iwa.. 2 ©t HOWE. 2370000 FEET 24 r.` • < ORE PT Y!G r -? it _?' N s.4 - •c Y 1 O • ? ' l - y? ``t . >` ,tl,. ••,lgJ ? `Fi+.i?'•t?(: i ?C.?.,•r?'* , f r t?'?` r P ? Q?v 6 a- 1Ot?Mf yid Q u . - I I ';El- - 4.1s I 24 16 / 23 4 O-r4r 16 J. jr VI& rN, BM' *r ; 17 t.: © `?P i .tom r -, 10 .?0 /i ? ?f D i ?a za WRI/ HTSVILLE BEACH /I C-3 76. ' / • / n' / . ? OGb ? ---- TIDAL FLOW INTERCOASTAL WATERWAY PROPEf H.R. PC 6777 ' PLAN VIEW SCALE: 1'=60'-0' ILW N ;J i PROPOSED DREDGING GREENVILLE SOUND COUNTY OF NEW HANOVER STATE ?F NORTH CAROLINA APPLICATION BY; WILLIAM E. MINGIN 6600 TOWLES RD, WILMINGTON NC 28409 12-28-1994 -- TIDAL FLOW INTERCOASTAL WATERWAY - 4' -35'- 20'x30' ACCESS DREDGE TO -4' MLW 89 CU. YRDS. -30' -29' -294 FLOATING DOCK 40'x60' DREDGE AREA DREDGE TO -4'-0'MLW -24? SOUNDING TAKING ON 356 CU. YRDS. SEPTEMBER 22,1995 AT 1154 PM AT MEAN ?sv -iz LOW WATER MLW EXISTING EXISTING BULKHEAD MHW PROPERTY OF PROPERTY OF PROPERTY OF H.R. POWELL WILLIAM E. MINGIN D.E. BLOCK ! ' J 6777 TOWLES RD. DIANNE E. MINGIN ` S10.N OF -D, ST L MA`aAGEMEN T PLAN VIEW SCALE, 1'=60'-0' Q? Z W '-' > 0 o J Z Q' Z A Z = U i--? Z 121 W0U WO? MI J m Z0 ZZV) d S AW= z Ljz st -J C3 w z o ¢X: ED LO OZ? F---w ?P¢il_ ? ' a. W F- Z F- _! J p CU OWU ?Q a_JOJ I a-u" UN ¢3?3 J b J 1 d v? .=a.? !?GEMENT A J A ry. U J J .J. N ? LL LL- ca a- C3 0 Y 0 I'D C3WW U CO Ex MUM W LJ Q Vf -Z CE Z W C3 Q 0V) QQ a O= O y W 3Q U ML Rm in0_WU O Cr WOO QWZZ d ?QF ?QJQ II L3 P< p ayw -Z< ¢ -- W U 0=Z WQJf W a. C3 C3 Z AWN= VVI W 6n u H N ml to I ?i fn CL f- k pl-e r m c, ?J '? t1 t `v ??? 2 0 195 = ?-?, a'f P?- N1 •3u r7. u ELH 71- j4 1 4 ,may I s? X lac 7? yl1zCG? ?r GdlrtGl?l?,?? 'Tz. t'?I!c7 `oe/i9? f C L'1• , ?`- lop' C {1,??. 1l%??1r,1 r sc - N off- N I To: John ID6rney • Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKIN DATE: December 7, 1995 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 95 PERMIT NO.: 951132 COUNTY: New Hanover PROJECT NAME: William Edward Mingin PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: October 23, 1995 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: AIWW CLASS: SA STREAM INDEX #: 18-87-23.5 *OPEN OR CLOSED: Open WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: Deny STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to excavate around an existing dock. The Area proposed for excavation is a designated Primary Nursery Area. WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: 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? Yes IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes G?? RF????Fo 1?0 n4' Al? , IFS 951132.Dec ti. 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.) RECOMNMNDED CONDITIONS OR PERMIT RESTRICTIONS: Please find the attached Memo from the Division of Marine Fisheries dated November 9, 1995. The project will result in the loss of approximately 3000 sq. ft. of Primary Nursery area shallow bottom habitat. Such a proposal is inconsistent with 15A NCAC 2B .0201. It is therefor recommended that the project and the 401 Certification be denied. cc: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker November 9, 1995 MEMORANDUM TO: John Parker FROM: Fritz Rohde SUBJECT: William E. Mingin The proposed project is located in a primary nursery area. The Division of Marine Fisheries is opposed to new dredging activites in these nursery areas. The dredging permit issued in 1974 was issued prior to this area being designated as a nursery area. The Division of Marine Fisheries objects to this project. ID:USDA 803-248-5863 TEl NO: 803-2413-5M9 #209 P03 •' Plauudog lratich DIVISION OF E WM0NMLrNTAL MANAGEMENT CAM KA FOR PERMIT AMLICATION REVMW It GIONAL OFFICE STAFF REPORT AND RECQMMENDATIONS GRMSO W Q SUPERVISOR: ADHII?T DATE: Decenber 7, 1995 ON F R CENTRAL OMCE TRAC PERMIT 'Z& 95 PERMIT NO.: 951132 COUNIT: New Hanover PROJECT NAME: Wdlia m Edward Mingin PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE f: NIA DOTA NIA BCD FROM CDA: DCM DATE FROM CDA: October 23, 1995 REG OFFICE: WIRO RIVER AND SUB BASIN#: M0624 *STREAM OR ADJACENT WATER BODY: AIWW CLASS: SA STREAM INDEX A 18-37-23.5 *OPEN OR CLOSED: Open WL EMACT: N/A WL TYPE: N/A WL RBQUE?TBD: N/A- WL ACR EST: N/A WL SWRE: NIA N MGATION: N/A MITIGATION TYPE: NIA MITIGATION SIZE: N/A RATING SEEET A7TACMM?: NIA MCOb MMOATION: Deny STORMWATER PLAN REQ'D: No IF YIN, DATE APPROVED: PROJECT DF.SCItWnON: The applicant proposes to excavate around an existing dock. The Area proposed for excavation is a designated Primary Nursery Area. WA= QUALITY CERT. (4011 CERT. RBQ'D: No IF YES, TYPE: 3EW 9K 11HROSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMrrrED BY: NIA IF BY DLM, IS SrM AVAILAIRLE AND PERMIT ISSUANCE PROBABLE: NIA WATIM/WETLAND FILL AREA OF FILL - WATER N/A WETLAND: N/A IS FILL ELATING A SIGNIFICANT USE? NIA DREDGING IS DREDGING ACTIVITY E"ECTED TO CAUSE A SIGNIFICANT LOSS OF .RESOURCE? Yes IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes D?5711Z.a THJ 11:18 I M USDA 803-248-5863 TEL NO: 803-248-5229 #209 P04 1%ge Two MARM ARE TIIE FOLLOWING ADEQUATELY ADDRESSED? SEWAOE DISPOSAL: N/A MARINA SER'V'ICES: NIA QXYGEN IN BASIN: NIA CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATIAINABILITX EVAL.) RECON &MWED CONDI'T'IONS OR PERMIT RESTRICTIONS: Please find the attached Memo from the Division of Marine Fishorics dated November 9, 1995. The project ail! remIt is the loss of approximately 3000 sq. ft. of Primary Nursery area shallow bottom habitat. Such a proposal is inconsistent with 15A NCAC 2B .0201. It is therefor recommended that the project and the 401 Certification be denied. cc: Cmhal Files WHmWgton Regional Office Files DCM-Tere Barnett rbhn Parker DEC-14-195 THJ 11:18 ID WSDA 803-248-5863 TEL N0:803-248-5229 #209 P05 November 9, 1995 TO: John Parker FRM: Fritz Rohde fiUwwr: william L. Mingin The proposed project is located in a primary nursery area. The Division of Marine Fisheries is opposed to now dredging activites in these nursery areas. The dredging permit issued in 1974 was issued prior to this area being designated as a.nursery area. The Division of Marine Fisheries objects to this project. WILLIAM EDWARD MINGIN 6600 TOWLES ROAD WILMINGTON, N.C. 28409 910-3929961 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Mr. Jeff Richter In response to your letter dated November 13,1995 about our dredge permit . There is and existing pier estimated 315 feet long with floating dock located at 6600 Towles road in Greenville Sound, Wilmington, N.C. In February of 1974 a permit was issued to Mr. Charles Ellihngton to Dredge an accesses Channel and to Erected this pier and bulkhead at this present location. (COPY ATTACHED) We are asking to redredge this same area that has not been dredge in may years to allow us to dock our boat in this basin. In response to the request for additional information: Question a) at this time I do not know of any other way to remove this sand. The system that we propose (clam shell) to use will due less damage then the suction type dredge where a lot of sand is loosen up and is not removed thus causing tide to have it fill someone else basin, b) we are only taking out the sand that has washed over the years into our basin: c) the sand that we are removing is to be put on and island that corps has given us permission to use this will help to protect other property in this area. If I can be of any future assistance please call, Sincerely, _ 04 William E. Mingm Enclosure Copy to Environmental Management Mr. John Domey 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 t? cr ?y ?n q?.. r } . ` COL Go t'aaao? s. `' sOttARTMRNI` R ARMY flail' `, wa,•.. OP. "Wilemm Om .y.? : wt .!, .;\' :a , i• =y'.t rt .. der ? Ok Q ate: Ian 41 SAM ;P? 24 labttsasy 1l1? 41 t ray. i C\ '•:' Be OUS1,64$814+. NC Am", ., x. IVY WIastaot TA acnOrdaeca with yosrr written request "ted n y4y, un and ow easaiaR G' :.s. ' • #steatlw too*" r .yt R ;'. a? there Is teelosad a "'Tf pard t authorising M to drafts p iwass OWNW1 d ;;y .. Mretsstt Ai teas sad lwlNN" In tbs Atlantic Istraofsat4 %"m y at appomInfiteIV 3.0 miles ass a et Viluintitom see Uwovsr . Cry, Beg" C3 If my rtsslal than" to the location ax plans of the structure or wtk ware loured syeceeoary on account of unfores,ga or altered Conditions of otberrise, revised Plana should be submitted prosptly to the District t? 3ati044"A order tbat tbsse COvised plans, if foutd unobleatimmble, t ' aq receive tba approval required b7 lar before COWtr%Ctit*L is beam. TOM attention to called to oonditiou (n) of the inclosed permit Mhich Vequises the peraittes to notify this attics relative to the comm"Oa?ent y -and complation dwtes. •' t: The iaeleeed Ootice of Autborisatiou m"t be co ` aspicuwaiy display". at dw aiti of the work. fincerely your@., .,:• 2 Ztee1 ALZUT C. COSTANZo 1. lertNit Celeasl„ Cox" Of fstiasewa a:r 914 lees; 4736 • •.? : piatriet Batfee,?g ,, ? : ...r: -` Dlilyd Cy} lt:rur CoswissiOnet Div of 'Director, Atlantic Narine Ceste>~' = and Sports fisheries ` . Neefelk, to 23510 (w/o taala) saleith, t1C 27511 (W/o iacls) ", iasal nirtttes. Bureau of W. Jim Brawts, SC ."V of ?? ,•tparlr >tlsbwtse and Mtldlife c Cerrascial cad Sports Usher=" . s: ?rlartat Gh 30309 (trio teals} lbrebeed City, 51C •28337 (WAMI 1) lAWL446 SIOUM ti 10 OW Anaton District y - UU UJN_,,C7ntl4. ail;'' t rights sithsc 2? That this instrument does boi convey any Property - , t dote "-real 'estate or ratsrial, or any Occlwisie o=iinvssiop?of priva tetrights, to private property poi autboriae any injury latiaaa, nor es gay infcitigsmestt of federal. State or 1ow1 laws or ?rega + doss it obviate the necessity of anthoriaidats or lanai anneal required b7l lase tos.tbe structurs or Mork > .:; otdaJO t { ._., (b) That the structure at work authorised herein shall bq in acc be sub c with the plasm and drawings atEached bersto sad conatructiCorpsaof Ensinsers, to the supervision and approval of the District 3nSiIIesrforasd. is ehargo of the District in which the rrayfc, to be p at say' tisa make such inspections _ :M (r) That the District Engisess may that the In :';a'. • as gay donna nsaes co sar7? to assunditiono Of thiatparaitand allk iirapenMS n fii •` ` fats" in atearduue with the • shall be hosts by the permitt" Atic"nse _sr•. a t?ittes thall comply pTC?eptly with any lawful regal . = (d) %at the pe the structure or work authorised heroin conditiow, or $=atsuetiaas affecting r. ira+c>mantal Protection Agency and/ot the State .?fa 4 wM' It and when issued by the av agaey having 3urisdiction to abate or prevent water pollution, iucludiog agsency or radiation pollution. Such regulations, conditions or instructions in effect or bereaftar prescribed by the Eavironaental Trotsction Agency and/or the State agency are hereby =A* it condition of this permit. (a) That the peraittee will maintain the work authorised heroin in food cooditioa in accordiote with the approved plans: (f) That this permit say, prior to the completion of the structure or work authorised herein. be suspended by authority of the 'Secretary of the Army if it in determined that suspensiov is in the public interest.* (g) That this permit may at m7 time be modified by authority of the under existing circumstances. Secretary of the Army if it is determined that, rsc modification is in tk?s public comply therewith to directedpby thesSecretary . notice of sAdif icatioa, shall of the Army or his authorised reptosentative. or if (h) That this permit say be tivokad by authority of the Secretary of the Atnwy if the persittes fails to waply with any of circumstances itita provisions such action the secretary determines that, under the existing is regsdred is the public intsrost** (1) That any modifiestioo, ouspamLon or trvocatioa of this permit shall not be the boots for a claim fat damages against the 91tite+d Statss. be liable cauasd o by any result from (#) 'rbat the flailed Statss shall whicw e?7 be M structure or work authorised berets future operations updortakan by the Covertment in the public iateresto* . M form 1721-1 25 May 1970 previous editions are obsolete ton District 2 16 93 1401 r Y Y USACE-Re , w? + Branch- 9192564248:« 5 SS `IA;? r t t {?j Y• 14 me. Owl" its, sulast" Jr?? I (k) That no attatspt shall be Sade bar the gsraittsa to forbid the N 1, and free use by the public of all navigable avatars at at adjacent to the -§A yosk authorised by thin peesit... ;:' ... :V . O? .O' srtrtictssre os (1) That it the display of lights signals on any structure or work authorized herein is not otharw1se provided for by laws such lights and sig- nals as MAY be prescribed by the united States Coast Guar4 shall be installed and 06istataad by and at the expense of the permittaa. (st) That the perulttse shall not.07 the District Ingineer at what time the construction or work still be aammeaasd. as far in advance of the tide of tosmoneseant as the District.tnSlaasl.aa7 specifyj and of its cosrplatione (a) That it the structure or work heroin authorisetd is seat cospletsd on or before day of Basea?bst 19 770 this parent, it ',;•. trot previoltely rsv4ud or apse ice y out s slw??esase end be null and ro1d+ (o) That the laSal requirements of all Federal agencies be stet. (p) That this permit does not authoriza or approve the construction of particular structures, the authorization or approval of which may require action by the Cowoss or other agencies of the Federal Covertm ant. (q) That all the provisions of this perodt shall be binding an any. "sigma or successor $a is?tarsat of the peraittat. (r) That if the recording of this psrsit is possible under applicable State or local law, the pert+dttee shall take such action," may be necessary to record this posit with the Retistrar of Deeds or other sppropriata offi- cial charged with the sespossssibility of sssintAitsinS records of title to and interests In real property, (a) That the permittee agree to wake every reasonable effort to prose-sin cute the canatruetiO! thawsoastruction?rbwoslsaaaafish, wildlit?aad natssle nay sdvarse impact a . e:nvisots;ental values. (t) That the pomittee agrees that it will prosecute the construction or work authorisod herein is a aaane•r so as to sinialso any degradation of voter quality. 0 cc .a. ZMC loro 1721-9 23 Ilay 1970 3 previous editions are CbselGtG ------------ - r ' w Y Y v? . :• i r.• 1 e i. '• *A aedprat as to vhetbss or sot suspansion, modification or ravocat Son is in the V%blic interest involves a conside,ration of the impact that any such "ties or.lba absence of any such action usy 4Te, on factors offeatint the VMblta UUre,st.. Such tsctors include, but are, not linite,d too navigation, ?; iirb mad wildlifes water quality# sconosics, conservation, ssathatict, a4 , seeratione mater supply* flood danage prsrsations acosratams and, in ten- srs16 for sseds and we l=sso'of the peopla. st AUlaORM of TU SMCRXMT Of THS ABW i Lam. ?? AUMtT C. COSTAM Date) a Colosal, Corps of syinsars District 7.nginsew :V d xiiT ACCUTS TIM T7r& AM CMZTIOU OF THIS PUXITs C? =9 Toss 1724-K 25 Usy 1970 1 1..2-2-47 t816ur! Fersi t" Data CIA=$ t. SLUAGM Previous editions are obsolete ylw S ?.f`??? AI'.µ1 Ik? IY }' +??... ?•'. }Yy?• ?'^???yYYY} lt A`Ay? ?? y `may,. y .R' Y f'f 1 i!? 't \:i t?+?, (k=+' • _'1?;;. _ DSpMas?olwa' OF 3Rai - ?h4h't N rL??X ?i.1 y :?. SIG, LAY •'???'?GrrTG•'ifi ton District, Cotye at En=inesri' `' Nilaia! tO , ? 11m .281 Nilwin?ton,. Korth Cam Qw&mi 1Z. .•Y' ! ?^, ,fit, 1 fir, ll4 Sy\ .- j y( IS t •? ne li i l Q? d x` Rtereia49't0 Witt" repgent So J*11 1971 `? Sys O ' 4V Under the *eemEwwation at the Mitt of Engineers, and 1899 the preb, are approves March 3, el? t33 v.s.e.: ?ag)r;:: of leatles 10 of the Act of Coalr "As act *eki appro priations for the construction, repair e?atitl•d , sad:';:.` t;MarVStiob of certain public vocte oe stress and barbers, •nd foratbsY j: sM•0 "q Mo hereby authorised by the Settatarr of the AT" F%20 rw awls" wr rtsest a tree sM?1 - <<-mew to ft and" at fly 2.0 SLUM *Mt,1Ks+rk• 1Mr ?ee+t Cwstt? *mum la aceocdsms with the plans Ot'd d?T4V1nSG sttactred barato .r • ~ *1••.' enbiect to the tellowiai couditionst C. lute tst+dt 1b4 4-129 2w sum r MritLeM e7s ?tste+t L? 1?. ?! 1l l 1974. Sm lore 1721- freviow editions are obsoiste 23 flay 1970 , :: on District ; 2-16-93 ; 14:04 ; USAGE-Reg, Branch- 9192564248;# 7 ... TID?+ ati+v -+ /A.if?.? J? ?•/?l?/7w GIl.?? ??J'J?l: f?'a?I' r .?"?.. ..? 43 .drllt7I x!'Fir??i ,c?; ?•Sj`"`~ + .. ??'4b?J???y1<..--... \ . , (. `? ? AIA i P 9C Aft ., Q I N7 r_, f pREp6IN G lJol. > ? . j?it'a?F?P rr o?• .!'mac Reere?s s ,, MAO. INC 4 swA3y i? .?llr?C/v1 CWAR;rr .f?. 9 Hw 0 7-10N AIVA $,AVIV 7"r. OF 661h7 PWO ,? tA/tTiV/K ?iQ'oP+OSr?' G'ul?CN?'? 44??iL 1 c?, tbN rr??raw?+. .. fit. .k' tic7C!1'iK?.:.;??•t t • r -rest R.M""W: ti V1 CC ? :. t1NC ? I I IV' ftw r TL (; ? 7i1?1?t;F D 4jr AL l?POS?'D DR?'G?G1N6: ?s D p,?s+s rr7r Cam' PA FAIIIII d 6a o . Y C?E'f 5f?MAIA . Cavrv?r of/Kiw ,yr'+?ova?? rla +aes« ?,o u«+>rD + a OK I~s 'j'& V . 5rase' ex /;!a?rH Clow" rVO a 6,00C Arlo 0,040 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS . P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF November 13, 1995 Regulatory Branch Action ID No. 199600339 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: ZG -;? Z ? `ro Enclosed is the application of William Edward Mingin for Department of the Army authorization and a State Water Quality Certification to dredge approximately 3,000 square feet of nonvegetated shallow bottom for a boat basin, located in Greenville Sound, at 6600 Towles Road in Wilmington, New Hanover 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 12, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely . e Wrig hie Regula ry Branch Enclosure Copy 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 Printed on ® Recycled Paper t WeJJCIFU11G1IL u1 G IVit W5 II 19611 a, • .r. liealth and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 20, 1995 William Edward Mingin 6600 Towles Rd. Wilmington, North Carolina 28409 Dear Mr. Mingin: Ax? C?EHNF? EC?.lVED QnGT j s 0995 REGUI4 i N y BRANCH The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 6600 Towles Rd. in New Hanover County. It was received completed on 10/20/95, and appears to be adequate for processing at this time. The projected deadline for malting a decision is 1/3/96. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, y T. Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Matt Flint, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DIVISION Vr'I.;VAJ 1'AL iV1A1?1[3vr?rL? i FIELD INVESTIGATION REPORT y'=? 1,95 1. APPLICANT'S NAME: William Edward Mingin MI.. -q ,'??:<_' 4 ??f? :iC 2. LOCATION OF PROJECT SITE: Adjacent to the AIWW in Greeneville Sound at 6600 Towles Rd., between the Shandy and Turtle Hall developments in New Hanover County. Photo index - 1989: 175-28, gr. 11 K&L 1954: 18-226, gr. 13 V&L State Plane Coordinates - X: 2355800 Y: 164900 3. INVESTIGATION TYPE: CAMA/D&F 7. 4 INVESTIGATIVE PROCEDURE: Dates of Site Visk - 9194, 10/12/95 Was Applicant Present - Yes, No 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: EAsting - Municipal Sewer Planned - None (F) Type of Structures: Existing - Home, Pool, Pier, Bulkhead Planned - Excavation (G) Estimated Annual Rate of Erosion: N/A Source - N/A 5. PROCESSING PROCEDURE: Application Received - cc: 10/20/95 rrs Rrr A T nFRCRIPTION: (AREA] DRID ED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other High Ground Shallow Bottom 3000 sf 15,000 sf (D) Total Area Disturbed: 18,000 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA (G) Open: Yes 8. PROJECT SUMMARY: Applicant proposes to excavate around his existing dock. WWi4LM Mingin 'Page 2 9. PROTECT DESCRIPTION 10/20/95 The project site lies south of Bradley Creek between the Shandy and Turtle Hall developments in New Hanover County. The property address is 6600 Towles Rd, and is approximately 3/4 tacre is size. erminus of Towles Rd. is residential with the exception of the old WestsaU property at the northeast the road. The project site is the southeast terminus of Towles Rd., and supports a residence, a pool, a bulkhead, and a pier. The lot is landscaped with high ground grasses and shrubs to the bulkhead. Spartina aLtermflora marsh appears to abut the bulkhead on aerial photography, but in reality is offset from the bulkhead by 6' to 8'. This is probably due to recent accretion of sand against the bulkhead face. The existing pier spans the marsh for approximately 80'. The bottom in the project area is sandy. The waters of Greeneville Sound are classified SA by the Division of Environmental Management. The area is designated as Primary Nursery by the Division of Marine Fisheries, and is open to the taking of shellfish for consumption. New Hanover County classifies the area as Conservation in their Land Use Plan. There was a CAMA permit, #55-79, issued for dredging in the adjacent area, from the Westsail Plant south for 220'. This project was realized., In addition, a permit was issued in 1974 for excavation to within 52' of the bulkhead on this project site, in the name of Charles Ellington. At that point in time, the excavation would have led to and around the T-head at the end of the pier. The pier has since been extended beyond that T-head. There is no indication that this excavation was ever accomplished. Evidence on the aerial photography does not show any dredged or maintained channel extending into this project area. The regulatory staff and marine contractors that worked in this area during that period in time do not recall that the area was ever dredged. Soundings in the area currently average -1' mean low water to -3' mean low water. The applicant is proposing to excavate a 40' x 60' basin around the northeast end of his pier to a depth of -4' mean low water. He is also proposing to continue an access channel to the point reaching -4' mean low water, which would be for 30' eastward. This channel would also be excavated to a depth of -4, mean low water, and would be 20' in width. The applicant expects to remove 445 cubic yards of material from the system with this project; however, based on the submitted soundings, which have been field verified, this amount should be closer to 300 cubic yards. The spoil is to be placed on an existing US Army Corp of Engineers spoil island at channel marker 125. This island is presently diked, and permission is on file tD use it. The diked portion of this spoil area that the applicant is using is approximately 300' x 500', but the applicant plans to utilize a 150' x 100' area in the southwest corner. Excavation will be accomplished by hydraulic clam bucket to barge, and off loaded at the spoil site partially de-watered. 10. ANTICIPATED ROAM This project would excavate material from an area previously untouched. The excavation woulfeet approximately 300 cubic yards of sand from the system. It will disturb approximately 3000 square of shallow bottom area, and cause temporary turbidity increases. The spoil will cause the fill of approximately 15,000 square feet of high ground within an existing diked spoil area. Submitted by: T. Barrett Date: 10/20/95 Office: Wilmington devtlopment activities, including construction, excava- tion, filling, paving. land clearing, and stormwater con- trbl. If the requested information is not relevant to your project. write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. NamN William Edward Mingin Address 6600 Towles Read City: Vilndngt'.mn State NX. Zip_ 78409 - Day phone (910)392-9961 yes Landowner or _ Authorized agent b. Project name (if any) 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? Rnth i c. Will the project be for community, private, or commercial use? d. Describe the planned use of the project. cirpdging to allow MrR 1 hnar to be tied to existing. floating dock, 4 LAND AND WATER c. If the applicant is not the landowner, also give the CHARACTERISTICS owner's dame and address. 17 7 7 tie of entire tract A? S e b. 91' f individual lot(s) .3/4A Elevation of tract above mean sea level or National Geodetic Vertical Datum ' 2 LOCATION OF PROPOSED DIVISION OF COASTAL MANAGE -:.PROJECT d. Soil type(s) and texture(s) of tract sand and Topsoil a. Street address or secondary road number 6600 Towles Road b. City. town. community, or landmark c. County ' New Hanover: • g. d. Is proposed work within city limits or planning jurisdiction? N/A e. Vegetation on tract rroo-m anei oraac Man-made features now on tract Bulkhead Pier/floating dock What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) f. e. Name of body of water nearest project 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT L Describe all development activities you propose (for example, building a home, motel. marina. bulkhead, or pier). 146intance dredge area ' next to pia ing iar _ Conservation Y_ Developed Rural Transitional Community _ Other h. How 4 the tract zoned by local govermnent? Residential i.. How are adjacent waters classified? v lgtercoastal j. Has a professional archaeological survey been carried out for the tract? NO If so. by whom? 3N I 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 units per acre.) m. Water supply source r City b. Number of lots or parcels N/A c. Density (Give the number of residential units and the n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways orp provide new access. 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? M/ A 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 a. mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. N/A Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) N/A Boat basin h. If applicable. has a stormwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? N/A boat ramp. rock jetty) i. Describe proposed sewage disposal and/or waste water treatment facilities. N/A1Lplaeed?iNP?,?(eve`tTarrdvi-wow IW \I dN r? 19' j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. City - L Describe location and type of discharges to waters of the state (for example, surface runoff. sanitary wastewater, industrial/commercial effluent, "wash down"). N/A an r areas pJVISION _ N:Oa"r Ubf` material rto be excavated from below water level in cubic yards 445 c c. Type of material sand d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards 3/91 .2 Length Width Depth 1% Dimensions of spoil disposal area Costal Deep Water Has This i inforniation on c. .bile n your o nice g• Location of spoil disposal area Spot 1 i Gianci South d. ide of Shin Creek Off Intercostal Water way h. Do you claim title to the disposal area? no e. If not, attach a letter granting permissio owner. n from the i. j• Shoreline erosion during preceding 12 months, in feet None Type of bulkhead material r?,,.•,-oro Amount of fill, in cubic yards, to be placed below mean high water .None f Type offtll material NSA 8 ADDITIONAL INFORMATION In addition i to the completed application form, the follow_ ng items must be submitted: k. Will a disposal area be available for future maintenance? yes' If so, where? Does the disposal area include any marshland, swamps, or water areas? Yes Will the fill material be placed below mean high water? No 1• Amount of fll in cubic yards 5_ M- Type of fill material Sand n. Source of fill material Dredging o. Will fill material be placed. on marsh or other wetlands? No p. Dimensions of the wetland to be filled NA - - - - - - - - - - - - - - - - - - q. How will excavated or fill material be kept on site 1 1. and erosion co ll r. S. 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 plai (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 1 I white paper. (Refer to Coastal Resources Commission Rule 71.0203 fora detailed description.) n-o ed • Please note that original drawings only high are preferred and Y quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the What type of construction equipment will be used U.S. Army Corps of Engineers regarding agency's (for example, dragline, backhoe, or hydraulic use of larger drawings.) A site or location map is apart dredge)? uvri, a„i ; ,, ,13M h,,kp r of plat requirements and it must be sufficiently detailed 171 7M HM I cy personnel unfamiliar with the area to the Will wetlands be crossed in W ounty road (SR) numbers, landmarks, and transpotting equipment the like. to project site?No _ If yes, explain ste' 1 will, be taken to lessen environmental impacts. RU N 0 4 az water management plan, if applicable, that been developed in consultation with the ma have DIVIS10 i n; i NEnvironmental Management ASTA CR ET A list of the names and complete addresses of the a individuals have da in ch djacent waterfront (riparian) landowners These 7 SHORELINE STABILIZATION on th on the proposedpproectIttto th Div ssiion of comments Management and should be advised by the applicant of a. Length of bulkhead or riprap 100.40 Ft . Existing that opportunity. b. Average distance waterward of mean high water or normal water level 417t. 3191 Address Name H. R. Powell. Address 6777 Towles Road Wilmington. N. C . 28409 Name David E Block Address 329 Limesone Road Ridgefield, Conn. 06877 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 $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. I I3A-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-.Nlorth Carolina's ap- p.oved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to gran4 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 rt.1:..CA.R-r ' 19 9? r X Landowner or Authorized ag t IRCM V 1W DW JAN 04199 DIVISION OF COASTAL MANAGEMENT 4 3/91 TIDAL FLOW _y INTERCOASTAL WATERWAY -cu-xjp• ACCESS DREDGE TO -4• MLV 89 CU. YRDS. 40'x60' DREDGE AREA DREDGE TO -4'-0'MLW 356 CU. YRDS. _, - TING DOCK MLW EXISTING r• - il (fi Ef t: I 'i N i? I PROPERTY OF HR POWELL 6777 TOVLES RD. 'STING BULKHEAD PROPERTY OF WILLIAM E MDYQN DIANNE E MINGIN PLAN VIEV SCALE: 10=604F-p• D &1177]1 MHV JAN 0 4 1995 DIVISION OF COASTAL MANAGEMENT PROPERTY OF DZ BLDCK PROPOSED DREDGING GREENVILLE SOUND COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA APPLICATION BY: WILLIAM E. MINGIN WILMINGTON NC 28409 12-28-1994 ---- TIDAL FLOW INTERCOASTAL WATERWAY 40'x60' DREDGE AREA-\? DREDGE M -4'-0'MLV -24' 356 CL. YRDS. 20'x30' ACCESS DREDGE M -4' NLW 89 CL. YR= 'LOATDC DOCK SOUNDING TAKING ON SEPTEMBER 22,1995 AT 1154 PM AT MEAN LOW WATER MLV 1 Pm DasTm i EXISTING MUC-1EAD MNV ? PR03ERTY OF K& POWELL PRM14MrY of D IN OCT 0 2 1995 vD1IAM E. MDiGIIJ 6m MWLES RD. MAW E. MINGD4 DIVISION OF :;OASTAL N'ANAGEME PLAN VIEW SCALE, 1'=60'-0' J~? J Nis WIN a! z W 0-4 J ' J Z V ZZZ = A0V 3~ 'ZaZ ` WW WQ! Z: a a AWM J Z ZZ_W z ° F A J o t? ? 3 ° 0 4 o ? 1 ¢ ?? M z° a-w - F -W zP -4 -4 JJOZ to owu =¢ 0_JoJ 1, a M W CL00 of- uw a-'"''10'' ¢3?n3 vi ... , ?E f t Q1 v 4 JAN 0 41995 3 DIVISION OF COASTAL MANAGEMENT y ca r i ~ M J _ W w O ? pwW ?M J l7 A fW/1Zw W ZW • z HP a = 1 N a mC awu os t 7 3 Q W Z .3 94 C3ym Zcaw ?-. c = WQJZ W Q u w Gam acc Mc-< U Q ?E`4 VILLE 0?7 7? 3 1 ?i w• • :%- A '7 i/ N; % 24 23 WCP h i ' / 9 4' p? Mp,N 0' P?- © !a • ?? / / WR;ff TMVILLE K f BEACH ,41t 76 g % 32 'O ? i 2s Q 24 o V . ?r.Vk F t, V t?.,rt 4, - 4 fvl CL Y. .2 J p 19g5 .. O'F ?ME?,S ?;?,??vNPG PL NlP G \? J v t Vi • V ? ? 1 I lI? I 1rN ` J . Y ? ,'? ??\ ?• S ° I Imo. ?- ? ? ? l l to Ic t L,- -` Ik-?- r!= C c? ?„ Vti1 /7 l ` I Do -t: ?.a?•?a SAP s DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA28402-1890 REPLY TO ATTENTION OF December 8, 1995 Regulatory Branch Action ID No. 199600339 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 William Edward Mingin for a Department of the Army permit to excavate approximately 3,000 square feet of nonvegetated shallow bottom for a boat basin, located in Greenville Sound, at 6600 Towles Road in Wilmington, New 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 condition(s) be included in the State authorization: All work authorized by this permit must be performed in strict compliance with the permit plans. 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. 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. The existing dike berm of the disposal area will be maintained in its present condition. Any damage to the berm resulting from the deposition of spoil material or associated activity will be corrected to the satisfaction of the U.S. Army Corps of Engineers. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. Excavation will not exceed 4 feet below the elevation of mean low water (MLW) and will not occur in any vegetated wetlands or waters. The permittee's scheme of development, of which the authorized work is a part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of Printed on 0 Recyded Paper ..r j the easement. Permanent buildings will not be constructed within the easement. 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. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 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 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. If possible, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. This permit does not grant any property rights or exclusive privileges. This permit does not authorize interference with any existing or proposed Federal project. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted 2 work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. DREDGING: The work authorized herein includes periodic maintenance which may be performed for ten years from the date of issuance of this permit provided: a. The permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. b. The proposed area to be dredged, method of dredging and disposal of dredged material will be in strict accordance with that authorized by this permit. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, Ernest Jahnke Manager Wilmington Regulatory Field Office 3 Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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 Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 4