19950011 Ver 1_COMPLETE FILE_19950108

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
February 6, 1995
Mr. Thomas and Ms. Mary McLamb
6356 Pine Grove Drive
Wilmington, N.C. 28409
Dear Mr. and Ms. McLamb:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed boat ramp, pier and riprap installation
Project # 95011, COE # 199501208
Pender County
FILE COPY
Attached hereto is a copy of Certification No. 2970 issued to Thomas and Mary McLamb
dated 6 February 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston Howard, JJrE.
Attachments
wgc2970
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
4V
C) FE F=1
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
t.
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 Thomas and Mary
McLamb resulting in Pender County pursuant to an application filed on the 13th day of January of
1995 to construct a boat ramp, pier and place riprap along 80 feet of shoreline.
The Application provides adequate assurance that the discharge of fill material into the waters
of Topsail Sound 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:
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 (50 NTUs in streams and rivers not designated as trout
waters by DEM; 25 NTUs in all saltwater classes, and all lakes and
reservoirs; 10 NTUs in trout waters).
2. That riprap material be of such size so as not to be carried off by wave action
and consist of material free of debris and toxic materials.
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 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA 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 6th day of February, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
r ston Howard, Jr. V1.
WQC# 2970
r LSta-ie of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
JAN 0 3 199
...........................
January 3, 1995
MEMORANDUM:
RINI- ?VA
10
?EHNF=1
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas & Mary McLamb
Project Location: Adjacent to Topsail Sound at 180 Moore's Landing Ext., Pender Co.
4
Proposed Project: To construct a boat ramp and accompanying access channel; a pier with T-head,
float, and boatlift; and to stabilize his shoreline with rip rap
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 24, 1995. If you have any questions regarding the proposed project, please contact Tere
Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested.
REPLY: y This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE J S
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Eoual Onnortunitv Affirmative Action Emnlover
X501 LJan
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
That the 401 Certification contain the following conditions for the placement of riprap.
1. That the riprap material be of such size so as not able to be carried off by wave action
and consist of clean rock or masonry material free of debris or toxic pollutants.
2. That the project be done in such a manner so as to not cause turbidity outside the
immediate construction area to exceed 25 NTU.
The project should also meet the requirements of General Certification #2663 for boat ramp
construction.
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
To: John Dorney
Planning (Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSO
WQ SUPERVISOR: ADKIN
DATE: January 27, 1
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 95 PERMIT NO.: 95011 COUNTY: Pender
PROJECT NAME: Thomas and Mary McLamb
PROJECT TYPE: Riprap PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: January 3, 1995
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Topsail Sound
CLASS: SA STREAM INDEX #: 18-87-10
*OPEN OR CLOSED: Closed
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: ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct a boat ramp, pier and place riprap
along 80' of shoreline approximately 6.5' waterward of MHW.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: Individual
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: 680 sq. ft. WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? F RFcF??'Fp
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes e/4'Ro 7,9
oM?tiT
Qn,44 SCE
4 FNVeS
a
DIVISION OF COASTAL MANAGEMENT
??ES
FIELD INVESTIGATION REPORT SON
01Fi?%aallcN
1. APPLICANT'S NAME: Thomas and Mary McLamb
2. LOCATION OF PROJECT SITE: Adjacent to Topsail Sound at 180 Moore's Landing Ext.
(SR 1579) off of SR 1561 and Highway 17 in Pender County.
Photo Index - 1989: 172-19, grid 18-L 19$4: No Photo
State Plane Coordinates - X: 2421800 Y: 242300
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/21/94
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 12/29/94
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - None
(F) Type of Structures: Existing - Dilapidated Bulkhead
Planned - Rip Rap, Boat Ramp, Access Channel, Pier
(G) Estimated Annual Rate of Erosion: .5'/yr
Source - Applicant
7. HABITAT DESCRIP'T'ION: [AREA]
DREDGED FILLED
(A) Vegetated Wetlands
None
(B) Non-Vegetated Wetlands
None
(C) Other
Shallow Bottom 240 sf 680 sf
Open Water 912 sf
High Ground
m 480 sf
Wy 1 VL41 t11 V4 AJ JLU1 UCLL. Li 11. 51
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: NO
INCORPORATED
8. PROJECT SUMMARY: Applicant proposes to construct a boat ramp and accompanying access
channel; a pier with T-head, float, and boatlift; and to stabilize his shoreline with rip rap.
Thomas and Mary McLamb
Page 2
9. PROTECT DESCRIPTION
The project site is located adjacent to Topsail Sound at 180 Moore's Landing Extension. This
is on the mainland across from Topsail Beach off of SR 1561. The area is a rural-residential
one.
The lot in question is approximately 1/2 acre in size, and is vacant. The lot is vegetated
primarily with high ground grasses and live oak trees. At the water's edge, there is an 18"
escarpment upon which artina patens and Bomchia frutescens grow. This fringe of wetland
vegetation is overhanging the escarpment, and does not appear to have frequent interaction with
the system. Current soundings at the project site indicate 0' mlw at the shoreline, gradually
dropping to approximately -1.9' mlw about 70' from shore. The bottom in the area is a silty
sand composition. The body of water is approximately 1000' across at the project site.
There is the remains of a non-functioning bulkhead with bricks and concrete randomly scattered
landward of this wall and at some points waterward of it. There is no evidence of any previous
dredging in this area.
The Pender County Land Use Plan classifies the area as Conservation by virtue of the fact that
it lies within a CAMA AEC. The Division of Environmental Management has classified the
waters as SA. The Division of Marine Fisheries has designated the area as Primary Nursery,
and has closed the area to the taking of shellfish.
The applicant is proposing to stabilize his property with the placement of rip rap. To get beyond
the existing rubble and establish a stable angle of repose on the rock, the applicant requests
extending the structure to -6.5' mlw. The property width and consequently the length of the
proposed rip rap is 80'. The structure would fill an area currently strewn with rubble above and
partially below the surface. The applicant anticipates the need for approximately 24 cubic yards
of rock to be placed below mean high water. Filter cloth would be placed landward of the rip
rap and fill material would be used to provide a consistent backing for the structure.
The applicant wishes to construct a pier, 76' x 4'. The proposed structure will include a 12'
x 12' deck at its landward end, and a 10' x 10' T- head with a 6' x 10' float at the waterward
end. The total distance the project would extend into the body of water would be approximately
104'. This reaches a water depth of -3.8' mean low water (the chart in section 6a of the
application references mhw). There is a 12' x 16' boatlift proposed on the south side of the pier
at the waterward end. The pier and accompanying structures terminate approximately 250' from
the AIWW.
Along the north side of the pier, the applicant requests to pour a concrete ramp, 20' in length
(appr. 18' below mean high water) and 8' in width. Because the ramp terminates at -.2' mlw,
he then wants to excavate an access channel for the next 30', also to a width of 8'. The
proposed excavated water depth is -2' mlw for the first 20' of the channel, and -3' mlw for the
last 10'. The connecting water depth is -1.5' mlw. Soundings in this area grade from -.2' mlw
to -1.5' mlw. The project would require the removal of approximately 20 cubic yards of
material.
The dredging is to be accomplished by backhoe and dragline from high ground. Spoil is to be
placed in the yard of the applicant, in a 30' x 16' area. The spoil is to be stabilized with silt
fencing.
10. ANTICIPATED UYIPACTS
The project will require the removal of approximately 20 cubic yards of material for the access
channel. This will disturb approximately 240 square feet of sandy material within a Primary
Nursery Area. The finished water depth will be approximately 1.5' deeper than the connecting
water depth. However, with a 4' flux in tide, this should pose no water quality concerns given
the location of the project. Turbidity increases can be expected during excavation.
Approximately 680 square feet of bottom area will be filled by the ramp and the rip rap. The
spoil area will cause the filling of approximately 480 square feet of high ground. Silt fencing
should be an adequate barrier given the method of excavation and the landward slope of the
yard. The pier and associated structures will incorporate approximately 912 square feet of open
water area.
Submitted by: T. Barrett Date: 12/29/94 Office: Wilmington
DI) d. Dac?be the planned use of the project.
l?
Please type or print. Cal ' gZa
ticipated development ti n uconstru r? raM
tion, excavation, filling, g, an earing, an rP -Pr, ti >D . d-- c r o r i v t,
stormwater control. If ues 'nfolm o' f 2 S i e hcA
not relevant to your project, /A (not ap-
plicable). Items 1-4 and 8.9 P51 r for ,',c',.:LAND AND WATER
all projects.
COASTAL MA G EM E NT -- CHARACTERISTICS y''.*•=
1 APPLICANT' --.L . _......_ .. `? _ . _ - +q g + ct c r ?-
a. Size of entire tract ?
1? 0 etas 4 I?a rti ?c La r.,\ 6 b. Size of individual lot(s) - $q 8 eL c Ir 2
a. Name c. Elevation of tract above mean sea level or Na-
Address (c 3 5 na- C51 o v? D 2 tional Geodetic Vertical Datum R-'
City rA?; IM; nc+?,D State C-
Zip I CY Phone 410 -d5 I- 4 12 o r d. Soil type(s) and texture(s) of tract -
Sa. Rd
Landowner or Authorized agent 4'M e. egetation on tract 4
? raS i
b. Project name (if any A ?aro. Wad r' OQiCS
c. If the applicant is not the landowner, a i?
the owner's name and address. Wha
OCT , plan,.)
D
2 LOCATION OF PROPOSEIJ?OAS_?)
PROJECT
features now on tract N y
CAMA Land Use Plan Classifica-
site? (Consult the local land use
I S I O OF- Conservation Transitional
L MANAG VEIRUMIoped Community
1 Other
h. How is the tract zoned by local government?
K11 P,
i How are adjacent waters classified?
a.
b.
U
W
1D
vc-?
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Street address or seco dary road number j. Has a professional archaeological survey been
0 Re's a `i C'?? ut for the tract? NI A
b. City, town, cormuntry, or 1 ark ?j, ( ',
M -I 'S a I I Y r, C? Q L° If?So b )whom?
c. County e n e ,,.,,_,.
d. Is proposed worNwi in city limits or E ngNOV 7 169DEVELOPMEN'D"
jurisdiction'.
e. Name of body of tqr nearest project
COa S D1\ S I OQo??lete this section if the project includes any
?a I- 1 x la r t,Ua ?I ti A"
GOAS7 MAI;kVwoftmenc.
a. ype and number of buildings, facilities, or
Describe all development activitim you propose
(for example, building a home, motel, marina,
bulkhead. or pier).
R? r G Q Q
? P c S a e?
Pr e S a
ifltT
La rr
_ If you plan to build a , also complete
and attach Form DCM-MP-2.
is t1F proposed activity maintenance of an ex-
istms project,, dew work, or both?
c%#e project be for commurury .pn at -r r
cdt(i=rcial use? 1 N? ? 1
Z 7 nr t?? n
"r 1 1 n
j J
u?
Q
structures proposed
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
ubmitted to the Division of Land Resources?
J
ive the percentage of the tract within 75 feet
mean high water to be covered by im-
?ag4 permeable surfaces, such as pavement,
buildings, or rooftops.
,r(/ISION
AL MANAGE T
n7'
g. List the materials. such as mar{. paver stone, b. Amount of material to be excavated fro?m7
asphalt, or concrete, to be used for paved c. Tbelow ype oft teev l ink bid yards
surfaces.
d. Does the area co be excavated include?nats -
h. If applicable, has a stormwater management land, swamps, or other wetlands? N
plan been submitted to the Division of En- e. High ground excavation, in cubic yards x_JlA IQ
vironmental Management? ' f. Dimensions of spoil disposal area K
?? -- Q tion i. Describe proposed sewage disposal and/or waste g. LosAM Q Qf spoil disposal area
d e )h
water treatment facilities. \l? ?
h. Do you claim isle to the isposal area?
Have these facilities received state 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
maintenance? /_ \?15 -
If so, where? ri L. q t
j. Does the disposal area include any marshland,
1. Describe location and type of discharges to swampland; or water areas? ) a
waters of the state (for example;, surface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industriallcommercial high water? " t? = J w,
effluent, or "wash down"). 1. Amount of fill in cubic, yards S, -
M. Type of fill material __C j'IO' ct
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?
describe the steps that will be taken to main- p* Dimensions of the wetland to be filled
will excavated or fill material be kept on
rain established public beach accessways or pro- q. How site and erosion .cnRLrolled?
vide new access.
O r1 77C,
o. If the project is on the oceanfront a wii_ t type of construction equipment will be
?/ for example, drag{it?e, backhoe. o?
be the elevation above mean sea le. =' r iic dredge)?
first habitable floor?

?c-
csa.
-'I c:1
6 IUCCAVATION AND FItt 0CT
115FORMATION _ D1
cOA#V1
Disjibe below the purpose of propos i'n?gr fill activities (excluding bulkheadw,i§ are covered in Section 7).
Length Width Depth
Aces channel / 0 8 3
(MI or (NWL) 2 Q ' 2
Boat basin
Other (break- , e 10 ? r
S. ier,
boat ram r <
iem?) ram a O g
Fill placed in . r
wetland or below ? 0
M?Hw T
Upland fill
areas
1994
s. Will wetlands be crossed in transporting equip-
SIO F ment to the project site?N 0 If yes, explain
MANA ENF ps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap <9 D r
b. Average distance wacerward cif n high water
or normal water level 6 )TT I
c. Shoreline erosion during preceding 12 months,
in feet 0. 5
d. Type of bulkhead material I'll - 'i'
e. Amount of fill, in ubic yards, to be plat
?be,low mean high ater 3 `n ,
?i) ?y o fijF"tnai '? 1" - -T d t P rn
S Gl
?i 7
N C.
2
IVISI0"r-
?O ,AL MANA6 WENT
ADDITIONAI::?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 1A x 11 white paper. (Refer to Coastal C__Resources Commission Rule 7J.0203 for a detailed,,",,
Grq
description.) lam;
Please note that original drawings are preferred and: '-
only high quality copies will -be accepted. Blue-line, cr?
prints or other larger plats are acceptable only if-76
high quality copies are provided by the applicant.
LLJ
(Contact the U.S. Army Corps of Engineers regard. C:)
ing that agency's use of larger drawings.) A sit" ,r
location map is a part of plat requirements and-itj -??
must be sufficiently detailed to guide agency bet=
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 trail. This notification is re-
quired by G.S. 113.229(d).
Name R o ?e R- t
Met rnn
;n
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
N( 001f
?,Sa
A check for $4-M 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 tatement documenting compliance with the
North arolina Environmental Policy Act
(N.C.?S. 113A-1 to 10).
S gERTIFICATION AND PERMI3"
SION TO ENTER ON LAND':.
ny permit issued in response to this application
w?H allow only the development described in the
application. The project will be subject to condi.
tions and restrictions contained in the permit.
1 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 day of
19 p
X
Landowne 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.
Name I ' a = N
Address 4 (p L) 2 ' ad te- sex R
1I );Irv'. rv: Jw n) r, a9L? nc,
Name
Address
\L MANAGEMENT
ID7
0 i 1 1°:?4 RD • 0 71994
PIVISIIPN OF IVISION OF
COA AL MANAGEMENT CO TAL MANAGEMENT3
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53 14PO-y4Z DIVISION OF HIGHWAYS-PLANNING AND RE'
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,y TO COUNTY ROAD NUMBERS
NOTE. MAP INCLUDES ONLY STATE MAINTAINED ALSO ROAD NUMBERS loo,
OR IMPORTANT NON-SYSTEM ROADS. ROADS
MILEAGE NOT SHOWN ON FRONIAGI ROADS SCALE
ROADS SHOWN AS OF IAN I, IV4 I a
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?LI?1 DEC 2 9 1994
DIVISION OF
:;GAST,4L MANAGEMENT

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7 DEC 29 1994
DIVISION O
COASTAL MANAGEMENT
E) (f s t-" v q 861je, -,

?vl y w.
,,fTIVlSiON OF
COASTAL MANAGEMENT
/90 A00r,9,
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NOTICE OF FILING OF
JAN 2 1995
APPLICATION FOR CAMA MAJOR DEVELOM ENT
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 Thomas & Mary
McLamb of Pender County, filed an application on 12/29/94, 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 the applicants propose to construct a boat ramp and
accompanying access channel, a pier with T-head, float, and boatlift, and to stabilize his
shoreline with rip rap at 180 Moore's Landing Ext, off of SR 1561 and Highway 17 in
Pender 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 February 6, 1995. 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
January 31, 1995 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
January 26, 1995 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: Wednesday, January 11, 1995
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 20, 1995
Regulatory Branch
Action ID No. 199501208
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr.,Dorney:
5W
?Mi1Y6RMRY
MIIRID WM 11
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e4
tir f?9
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Enc1 sed is the application of Mr. Thomas McLamb and Ms. Mary McLamb for
Departme t of the Army authorization and a State Water Quality Certification
to excava a an access channel, construct a boatramp, install a pier and
boatlift tructure and place riprap material on Topsail Sound, Moore's
Landing, opsail Beach, Pender County, North Carolina. Your receipt of this
letter ve ifies your acceptance of a valid request for certification in
accordanc with Section 325.2(b)(ii) of our administrative regulations.
We ar 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 March 20, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Michael Hosey, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
yne Wr' t
Chi , Regul tory Branch
Enclosure
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
Printed on 0 Recycled Paper
/?'SD/olds
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas and Mary McLamb
2. LOCATION OF PROJECT SITE: Adjacent to Topsail Sound at 180 Moore's Landing Ext.
(SR 1579) off of SR 1561 and Highway 17 in Pender County.
Photo Index - BM: 172-19, grid 18-L 12$4: No Photo
State Plane Coordinates - R: 2421800 Y: 242300
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/21/94
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 12/29/94
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - None
(F) Type of Structures: Existing - Dilapidated Bulkhead
Planned - Rip Rap, Boat Ramp, Access Channel, Pier
(G) Estimated Annual Rate of Erosion: .5'/yr
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
(A) Vegetated Wetlands
None
(B) Non-Vegetated Wetlands
None
(C) Other
Shallow Bottom 240 sf 680 sf
Open Water 912 sf
High Ground 480 sf
IIJJ 1Mal Area LIJLUMCU; Z.3 1z sI
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: NO

8. PROJECT SUMMARY: Applicant proposes to construct a boat ramp and accompanying access
channel; a pier with T-head, float, and boatlift; and to stabilize his shoreline with rip rap.
Thomas and Mary McLamb
Page 2
9. PROTECT DESCRIPTION
The project site is located adjacent to Topsail Sound at 180 Moore's Landing Extension. This
is on the mainland across from Topsail Beach off of SR 1561. The area is a rural-residential
one.
The lot in question is approximately 1/2 acre in size, and is vacant. The lot is vegetated
primarily with high ground grasses and live oak trees. At the water's edge, there is an 18"
escarpment upon which artin patens and Borrichia frutescens grow. This fringe of wetland
vegetation is overhanging the escarpment, and does not appear to have frequent interaction with
the system. Current soundings at the project site indicate 0' mlw at the shoreline, gradually
dropping to approximately -1.9' mlw about 70' from shore. The bottom in the area is a silty
sand composition. The body of water is approximately 1000' across at the project site.
There is the remains of a non-functioning bulkhead with bricks and concrete randomly scattered
landward of this wall and at some points waterward of it. There is no evidence of any previous
dredging in this area.
The Pender County Land Use Plan classifies the area as Conservation by virtue of the fact that
it lies within a CAMA AEC. The Division of Environmental Management has classified the
waters as SA. The Division of Marine Fisheries has designated the area as Primary Nursery,
and has closed the area to the taking of shellfish.
The applicant is proposing to stabilize his property with the placement of rip rap. To get beyond
the existing rubble and establish a stable angle of repose on the rock, the applicant requests
extending the structure to -6.5' mlw. The property width and consequently the length of the
proposed rip rap is 80'. The structure would fill an area currently strewn with rubble above and
partially below the surface. The applicant anticipates the need for approximately 24 cubic yards
of rock to be placed below mean high water. Filter cloth would be placed landward of the rip
rap and fill material would be used to provide a consistent backing for the structure.
The applicant wishes to construct a pier, 76' x 4'. The proposed structure will include a 12'
x 12' deck at its landward end, and a 10' x 10' T- head with a 6' x 10' float at the waterward
end. The total distance the project would extend into the body of water would be approximately
104'. This reaches a water depth of -3.8' mean low water (the chart in section 6a of the
application references mhw). There is a 12' x 16' boatlift proposed on the south side of the pier
at the waterward end. The pier and accompanying structures terminate approximately 250' from
the AIWW.
Along the north side of the pier, the applicant requests to pour a concrete ramp, 20' in length
(appr. 18' below mean high water) and 8' in width. Because the ramp terminates at -.2' mlw,
he then wants to excavate an access channel for the next 30', also to a width of 8'. The
proposed excavated water depth is -2' mlw for the first 20' of the channel, and -3' mlw for the
last 10'. The connecting water depth is -1.5' mlw. Soundings in this area grade from -.2' mlw
to -1.5' mlw. The project would require the removal of approximately 20 cubic yards of
material.
' TheI dredging is to be accomplished by backhoe and dragline from high ground. Spoil is to be
placed in the yard of the applicant, in a 30' x 16' area. The spoil is to be stabilized with silt
fencing.
10. ANTICIPATED UAPACTS
The project will require the removal of approximately 20 cubic yards of material for the access
channel. This will disturb approximately 240 square feet of sandy material within a Primary
Nursery Area. The finished water depth will be approximately 1.5' deeper than the connecting
water depth. However, with a 4' flux in tide, this should pose no water quality concerns given
the location of the project. Turbidity increases can be expected during excavation.
Approximately 680 square feet of bottom area will be filled by the ramp and the rip rap. The
spoil area will cause the filling of approximately 480 square feet of high ground. Silt fencing
should be an adequate barrier given the method of excavation and the landward slope of the
yard. The pier and associated structures will incorporate approximately 912 square feet of open
water area.
Submitted by: T. Barrett Date: 12/29/94 Office: Wilmington
State of North Carolina
Department of Environment, A VIVA
Health and Natural Resources
'Wilmington Regional Office
Division of Coastal Management A4i
James B. Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 3, 1995
Thomas and Mary McLamb
6356 Pine Grove Dr.
Wilmington, NC 28409
Dear Mr. McLamb:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located at 180 Moore's Landing Extension. It was received
completed on 12/29/94, and appears to be adequate for processing at this time. The projected deadline
for making a decision is March 15, 1994. 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,
r
T. Barrett
Field Representative
tjb
Enclosure
cc: John Parker
Bob Stroud
Tommy Garriss, LPO
Scott McLendon, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
Please type or print. Car ' , esc%
I I . 1
' d. D be the planned use of the project.
'

constru
ticipated development actxvrti , includ paZ

1x
rn .
0.
?

• tion, excavation, filling, ?ar?g, and caring, and! J) lt d r y
(
i
-
T d- _ O ? r ? t-
Q Y
stormwater control. If che`? ?eques?? in?a t1 ' S
?
r
not relevant to your project, /A not ap-
plicable). Items 1-4 and 8.9 ?7I r for ,4 =;
LAND . AND WATER
all projects. COASTAL MA GEMENT - - C1-IARAC'TERISTICS
.. _ -
1-=APPLICANT -- •?...? _...._ _. -
a. ..+g K a Q-
Size of entire tract r
fy?c [
rv
s 4 (YI
r
Th b. Size of individual lot(s) - Yq $ atc?ce-
-
\
_a
o ma.
ti
a
a. Name
' c. ean sea level or Na-
Elevation of tract above mean
r o ve- p 2
Address (o 35 f) &a G 5
t
I tional Geodetic Vertical Datum R
M I
n c o ^__ State
City f A ).
Zip Day phone 410 -d5 1- V7 or- d• Soil type(s) and texture(s) of tract
Landowner or Authorized agent 4-m 6
e.
egetation on tract S - a r-0. ss
n
b. Project name (if any rae. Wad f OAKS
C. If the applicant is not the landowner, a o
the owner's name and address. n<I a
QCT 199
plan.)
features now on tract N y
CAIvtA Land Use Plan Classifica-
site? (Consult the local land use
n I S 1.0 'N Qom- Conservation Transitional
2 LOCATION OF PROPOSEY o a S: AL M A N A , 1 °p`d Other mmunity
PROJECT h. How is the tract zoned by local government?
X11 A,
a. Street address or secoqdart' ad number i. How are adjacent waters classified?
119D 0 Q_,S L-G do" EkT, j. Has a professional archaeological survey been
ut for the tract? NI A
b. City? t
nnr own, 's I, a cotpmuni or nc, l tnarkC Ib?? whom?
C. Counry a rn e
g ND Piii
d. Is proposed work within city limits or ingNOV 7 1159 DEVELO
jurisdiction?
e. Name of body of t r nearest project lete
c a.1- Dl SIOIt? this section if the project includes any
OA M A 1?4",A L l5pment. ti4
a e and number of buildin s facilities or
3 DESCRIPTION AND PLANNED,
USE_ OF PROPOSED PROJECT
a.
_ b.
C Cn
w
?U
Describe all development actin -= you propose
(for example, building a home, motel, marina,
bulkhead. or pier).
?i r-a- Q Y) A (b ' Q
?- Rn Y", n 10 P6 "'10
P rc- P_ s 4 r S t/ 2
LU rG r e-e r i
_ If you plan to build a marit?a, also complete
and attach Form DCM-MP-2.
Is tine proposed activity maintenance of an ex-
15tin5 prod,, knew work, or both?
N?he project be for comm ,?privaEe--Qr,T
c?riuasrcial use? 1!' J?
Z -7
n r . ?? LJ
j J
Q
J
• Yp
structures proposed
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
.?aubmicted co the Division of Land Resources?
live the percentage of the tract within 75 feet
mean high water to be covered by im-
10q.: permeable surfaces, such as pavement,
buildings, or rooftops.
ISION Cw-?
AL MANAGE

g. List the materials. such as marl. paver stone, .

b
.,
Amount of material to be excavated from Ch
2 p,,74'
ards
bi
asphalt; or concrete, to be used for paved c c y
below water level in cu
Type of material SA'!d
surfaces, .
d. Does the area to be excavated include Farsh-
N
h. If applicable, has a stormwater management
n submitted to the Division of En-
b
l C. land, swamps, or other wetlands?
High ground excavation, in cubic yards 717-c ox l
ee
an
p
vironmental Management? ' f. Dimensions of spoil disposal area _3
(n ?0
--
i. Describe proposed sewage disposal and/or waste g. spoil dismal ai a
Location of rea
? d eL
0
SA
0
s
water treatment facilities. h. M
a
r
Do you claim isle to the isposal area??
Have these facilities received state or local If not, attach a letter granting permission from
?'
approval/
Describe existing treatment facilities.
k

i.
the owner.
Will a disposal area be available for future
. maintenance? /_ 4L- -
If so, where? r "n 40t
j. Does the disposal area include any marshland,
Describe location and type of discharges to
t swampland: or water areas? U a
.
waters of the state (for exampieasurface runoff, k. Will the fill material be placed below mean
sarutary wastewater, industrial/cosmercial
"
I high water? ? "= =
rds S
bic
f fill i
A
).
effluent, or "wash down .
m ,.--
, ya
n cu
mount o
Type of fill rpacenal ? I'r Q-
,
.
n. rr OJi
Source of fill material = - y
Water supply source
m o. Will fill material bi- r3laced on marsh or other
.
n. If the project is oceanfront development,
describe the steps that will be taken to main.
P. wedands? /v D
Dimensions of the wetland to be filled
tam established public beach accessways or pro- q• How will excavated or fill material be kept on
vide new access. site and erostor, .controlled?
l On5 r?..c n? C v Ri Ptia P

cTa.
?I
?J
o. If the project is on the oceanfront a
be the elevation above mean sea level
first habitable floor? V
IIII
-H
type of construction equipment will be
or example. d?giir)e, backhoe. or
ilic_dredge)? a-cK.tit??_ci
1994 -
s. Will wetlands be crossed in transporting equip-
610 F ment to the project site! N0 If yes, explain
N A E IVfI sfeps that will be taken to lessen en-
vironmental impacts. --
6 EXCAVATION AND FILL OCT
MORMATION ?srip o l
liz COdASFv!
DcrCFibe below the purpose of propal ex?w
lion-:or fill activities (excluding bulkheads,
w ii6h are covered in Section 7).
J Length Width Depth
Access channel I 0 ' $ ' 3
(MLt or (NWL) 24 Z
Boat basin
Other ( b r e a k - i e e
water,. pier,
boat rim ?o
ro a--
jetty) rQm/
Fill placed in .
wetland or blow
MHw
Upland fill
arms

ao 1 S
?0 ?*
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 19 D
b. Average distance watervward of an high water
or normal water level 6 7 _-L
C. Shoreline erosion during preceding 12 months,
in feet 0-5
d. Type of bulkhead material
e. Amount of fill, in cubic yards. to be p ace
below mean high ater - 13-11 ype of filrmai -I-?c- t-<T' i r i P nar' a
?. 41eJ zs i(. J_Q,? I I I 1
? V?,, 7
2
IVISIOI?q ;'
CO TAL N1ANAU -/,!ENT
ADDInONAI:_?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 'A x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed %
description.)
Please note that original drawings are preferred arid.
only high quality copies will 'be accepted. Blue-line`
prints or ocher larger plats are acceptable only if-M ?
high quality copies are provided by the applicant_' C-)
(Contact the U.S. Army Corps of Engineers regard- c::)
ing that agency's use of larger drawings.) A siti6r
location map is a part of plat requirements an?j'
must be sufficiently detailed to guide agency der--??
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 Robep-t P. Co fe
Name-
Address
0 w N C." a
Name `-
Address
?' 1? ) Tf 71
1994
/DIVISION O-
ASTAI MANAGEMENT
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permictee, and issuing dates.
11 Pr
AS-0
A check for $+00 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 catemenc documenting compliance with the
North arolina Environmental Policy Act
(N,CIS. 113A-1 to 10).
5 gER=CATION AND PERMIS
o ION TO ENTER ON LAND"
?ny permit issued in response to this application
wT allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
1 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 day of? b-P
19 9
X ^r`,
Landowne 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.
CC i 1 1994
IVISIN OF
COA TAL MANAGEMENT
??
D n 7-_1, IT
ai 0 7 1994
DIVISION OF
CO AL MANAGEMENT
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DIV 10 OF
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NORTH CAROLI:
LM- U22 PREPARED BY THE
"?° -'"' NORTH CAROLINA DEPARTMENT OF TR,
33 I-W 17 DIVISION OF HIGHWAYS-PLANNING AND RE.
IN COOPERATION WITH THE
9 U. S. DEPARTMENT OF TRANSPORTA
421 FEDERAL HIGHWAY ADMINISTRAT
H 7 '- KEY TO COU- ROAD NUMBERS
TE MA I'D ROAD NUMBERS ?w. ? ,yp1
NOTE. MA? WCLUDES %,y STA ED
ROADS
OR IMPORTANT NON-$Y$TliM ROADS.
MILEAOI NOY SHOWN ON FROWAGT ROADS SCALE
ROADS SHOWN AS OF JAN. 1, IV9U 0
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