19960917 Ver 1_COMPLETE FILE_19960917

1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 ?FC?
WILMINGTON, NORTH CAROLINA 28402-1890
J Q
REPLY TO 'G P0
WA'rrENnONOf October 10, 1996 '??i `rJ9y
Regulatory Branch -
? \ Fs
Action ID No. 199603452
Mr. Dave Weaver
Assistant County Manager
Office of the County Manager
320 Chestnut Street, Room 502
Wilmington, North Carolina 28401-4093
Dear Mr. Weaver:

Reference your notification to us of your intent to use Department of the Army
(DA) nationwide permit No. 13 to place a sandbag structure on Mason's Inlet to protect
the Shell Island Resort Hotel at the north end of Shell Island, Wrightsville Beach, New
Hanover County, North Carolina.
We are aware that the North Carolina Division of Coastal Management has
determined that your proposal is inconsistent with North Carolina's Coastal
Management Plan and that variance appeals to North Carolina's Coastal Resources
Commission have been unsuccessful. Under the administrative rules of our regulatory
program, a finding of inconsistency with a State's Coastal Plan precludes favorable
consideration for Federal authorization. Accordingly, the authority of nationwide permit
No. 13 for the placement of your proposed structure is not available.
Mr. Michael S. Taylor of my staff is available to answer any questions you may
have. He may be reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
-2-
Copies Furnished:
Mr. Anthony N. Caudle
Town of Wrightsville Beach
Post Office Box 626
Wrightsville Beach, North Carolina
28480
Mr. Preston Pate
Morehead City Regional Office
North Carolina Division
Of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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
Mr. John Hefner
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 Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
r. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Karyn M. Erickson, P.E.
Applied Technology and Management, Inc.
2770 NW 43rd Street, Suite B
Gainesville, Florida 32606-7419
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt, Jr., Govemor
Jonathan B. Ho wes,Sec reta ry
A. Preston Ho ward, Jr., P.E., Direc to r
Mr. David Weaver, Asst. County Manager
New Hanover County
414 Chestnut Street
Room 101
Wilmington, NC 28401-4093
Dear Mr. Weaver:
Re: 401 Water Quality Certification
Shoreline stabilization effort
New Hanover County
DWQ #960917
[D F== F1
October 10, 1996
On 12 September 1996 you wrote to the Division of Water Quality requesting a 401
Water Quality Certification for your project to construct an emergency shore protection
project at Mason's Inlet Shell Island in New Hanover County utilizing Nationwide
Permit 13. We have been informed by the N.C. Division of Coastal Management that
this project will require a Permit from the N.C. Division of Coastal Management (DCM)
begins the permitting process. Therefore I must hereby retire this project until you and
the Division of Coastal Management resolve the issue of the CAMA permit. Also by
copy of this letter, I am also notifying the U.S. Army Corps of Engineers that this
project will need processing by the Division of Coastal Management.
If you believe that this decision is in error, please call me at 919-733-1786 to
discuss the matter.
Sincerely,
J hn R. Dorney
ater QualityCertification
Program
cc: Mr. John Parker, Division of Coastal Management
Division of Coastal Management Wilmington Field Office
Wilmington DWQ Regional Office
U.S. Army Corps of Engineers Wilmington District Office
Central Files
Steve Benton; DCM
Karyn Erickson; ATM
960917.dcm
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer50% recycled/ 10% post-consumer paper
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_71TTY
2770 NW 43RD STREET. SUITE B
GAINESVILLE, FL 32606-7419
[phone] FAX [phone]

September 12, 1996
Mr. Mike Taylor
Regulatory Project Manager
Construction Operations Division
Regulatory Branch
U. S. Army Corps of Engineers Wilmington District Doti ?? Fp
P.O. Box 1890
Wilmington, North Carolina 28402
RE: Nationwide Permit Pre-Construction Notification Application RIP
New Hanover County Public Beach Access
Emergency Shore Protection Project
Dear Mr. Taylor:
Enclosed please find one original and one copy of a completed Pre-Construction Notification
Application form for the referenced project. On behalf of New Hanover County, we are seeking
the Wilmington District's approval to construct the project described in the enclosed form under
Nationwide Permit Number 13 (Bank Stabilization). Specifically, the project seeks to stabilize
approximately 345 feet of embankment along the existing south shoreline of Mason's Inlet.
Bank stabilization will be accomplished by installing a series of sand-filled geotextile containers
configured as shown in the enclosed sketches. Note that the proposed toe of the structure is
sited, at minimum, 70 feet landward of the July 1996 Mean High Water Line.
By copy of this letter and seven (7) copies of the PCN form, we have notified the North Carolina
Division of Environmental Management (DEM) of New Hanover County's intent to construct the
Project. We have established preliminary telephone and/or written contact with, and have
forwarded copies of the proposed project plan and cross-section views to, the following
agencies and are awaiting their review and comment:
• U.S. Fish and Wildlife Service (USFWS)
• National Marine Fisheries Service (NMFS)
• North Carolina State Historic Preservation Office (SHPO)
Environmental & Coastal Engineers, Scientists & Management Consultants
G N V/98718-2. R E V/0912 96
Mr. Mike Taylor
September 12, 1996
Page 2
As this project is considered an emergency, we greatly appreciate the District's expeditious
processing of this PCN. If you have any questions regarding the above or enclosed, please do
not hesitate to contact me.
Sincerely,
Karyn M. Erickson, P.E.
Vice President
KM E/rkl
enclosures: original and one duplicate PCN Application
cc: Mr. John Dorney - DEM (w/seven copies of PCN Application)
Mr. David Weaver - New Hanover County
GNV/96718-2. REV/091296
960917.
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 13-Bank Stabilization
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: New Hanover County
2. MAILING ADDRESS: 414 Chestnut Street. Room 101
SUBDIVISION NAME:
CITY: Wilmington STATE: NC ZIP CODE: 28401-4093
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): North end of Shell island (south shoreline of
Mason's Inlet) adjacent to public beach access walkway.
3. TELEPHONE NUMBER (HOME):
(WORK) : [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _ Applied Technology and Management. Inc.
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: New Hanover NEAREST TOWN OR CITY: Wrightsville Beach
1
GW/96-261MMS ON. COE/091296
PECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): See attached site location map and aerial
photograph The New Hanover County Public Beach Access Emergency Shore
Protection Project is located immediately north of the parking area
maintained by the Town of Wrightsville Beach.
6. IMPACTED OR NEAREST STREAM/RIVER: Mason's Inlet
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [X] NO [ ] IF YES, EXPLAIN: The project
is located immediately south of Mason's Inlet. a tidal inlet with direct
exchange to waters of the Atlantic Ocean (SA).
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [X] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Conservation Area (designation used by both New Hanover County and the
Town of Wrightsville Beach).
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: _
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.545 acres in
construction footprint (construction area equals easement area)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Zero (0)
2
GW 6-26/MASON.COE/091296
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION: 0
FLOODING: 0 OTHER: N/A
DRAINAGE: 0 TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STORM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: N/A FT AFTER: N/A FT
WIDTH BEFORE (based on normal high water contours): N/A FT
WIDTH AFTER: N/A FT
AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: N/A
CHANNEL EXCAVATION: N/A CONSTRUCTION OF A DAM/FLOODING: N/A
OTHER: Temporary excavations to support placement of sand-filled geotextile
containers below post-construction grade (embankment to be restored).
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Temporary excavation of approximately 10.000 cubic yards of sand to
support placement and filling (with sand) of 346 linear feet of geotextile
containers. The project will be constructed using land-based eauipment
(front-end loader. bulldozer. dump trucks) and puma-assisted sand slurry
delivery from the temporary excavation stockpile area to the geotextile
containers, Once the geotextile containers are filled with sand. the
excavated embankment will be backfilled with the remaining sand.
13. PURPOSE OF PROPOSED WORK: To stabilize the south shoreline which has
been subjected to continued erosional stresses associated with southerly
migration of Mason's Inlet and to protect the currently threatened public
access on Shell Island.
3
GNV/96-26/MAS0N. COFJ091296
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): N/A
15. YOU ARE REQUESTED TO CONTACT THE U. S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: NMFS* (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: Request submitted 09/12/96 (see attached letter)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [X] NO [ ] (IF NO, GO TO 18)
a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [X ]
b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [X ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
*Per telephone conversation with Fisheries Biologist Ron Sechler on
August 30, 1996, no impacts are anticipated to marine life which concern
NMFS due to activities being constrained landward of MHW. NMFS will
formally respond to the Corps' Public Notice. Telephone contact has not
been established with the USFWS-Raleigh Field Office; a copy of this PCN has
been submitted under separate cover to John Hefner, Field Supervisor.
4
GNV/96-261MASON. COE/091296
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Public beach access
f. IF APPLICABLE, WHAT IS THE PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OF WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY) A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S GENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
5
9/rz? (,'
DATE
GNV/96-26WSON. COEM 1296

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2770 NW 43RD STREET, SUITE B
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[phone] FAX [phone]
Ms. Renee Gledhill-Earley
Environmental Review Coordinator
State Historic Preservation Office
North Carolina Division of Archives and History
109 East Jones Street
Raleigh, North Carolina 27601
September 12, 1996
RE: Historic Resources Review Request
Nationwide Permit Pre-Construction Notification
New Hanover County Public Beach Access Emergency Shore Protection Project
Dear Ms. Gledhill-Earley:
The purpose of this correspondence is to request your review and comment on any known
historical resources which might be affected in the vicinity of the present location of the south
shoreline of Mason's Inlet. Applied Technology and Management, Inc. (ATM) is acting as New
Hanover County's agent in the submittal and processing of a U.S. Army Corps of Engineers
(USACOE) permit for this project. Concurrent with this request, we have submitted a Pre-
Construction Notification Application to Mr. Mike Taylor of the USACOE Wilmington District. A
Nationwide Permit for the proposed project will be sought under NWP Number 13 (Bank
Stabilization).
The attached general location map, project plan, and cross-section views illustrate the County's
intent to stabilize approximately 345 feet of embankment along the existing south shoreline of
Mason's Inlet. Bank stabilization will be accomplished by installing a series of sand-filled
geotextile containers at the location shown in the plan view drawing.
Please advise whether there are any historic properties in the project area which may be
affected by the proposed embankment stabilization. If you require any additional information to
assist you in your response, do not hesitate to contact me or Mike Barnett at [phone].
Thank you for your prompt attention to this request.
Sincerely,
-Y Oil/ /d -
Karyn M. Erickson, P.E.
Vice President
KM E/rkl
enclosures: permit drawings
cc: Mr. David Weaver - New Hanover County
Environmental & Coastal Engineers, Scientists & Management Consultants
GNV/96718-6. REV/091296

2770 NW 43RD STREET, SUITE B
GAINESVILLE, FL 32606-7419
[phone] FAX [phone]
Mr. John Hefner
Field Supervisor
U. S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
September 12, 1996
RE: Nationwide Permit Pre-Construction Notification
New Hanover County Public Beach Access Emergency Shore Protection Project
Dear Mr. Hefner:
The purpose of this correspondence is to request that you furnish us with an indication of
federally listed (or proposed for listing) endangered or threatened species or critical habitat in
the vicinity of the present location of the south shoreline of Mason's Inlet.
Applied Technology and Management, Inc. (ATM) is acting as New Hanover County's agent in
the submittal and processing of a U.S. Army Corps of Engineers (USACOE) permit for this
project. Concurrent with this correspondence, we have submitted a Pre-Construction
Notification Application to Mr. Mike Taylor of the USACOE Wilmington District. A Nationwide
Permit for the proposed project will be sought under NWP Number 13 (Bank Stabilization).
The attached general location map, project plan, and cross-section views illustrate the County's
intent to stabilize approximately 345 feet of embankment along the existing south shoreline of
Mason's Inlet. Bank stabilization will be accomplished by installing a series of sand-filled
geotextile containers at the location shown in the plan view drawing.
Please advise whether any species or habitat of concern to the Fish and Wildlife Service are
known in the project area at your earliest possible convenience. If you require any additional
information to assist you in your response, do not hesitate to contact me or Mike Barnett at
[phone]. Thank you for your prompt attention to this request.
Sincerely,
Karyn M. Erickson, P.E.°t-
Vice President
KM E/rkl
enclosure: PCN Application
cc: Mr. Mike Taylor - USACOE Wilmington District
Mr. David Weaver - New Hanover County
Environmental & Coastal Engineers, Scientists & Management Consultants
GNV/96718-7. REV/091296
NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
320 CHESTNUT STREET, ROOM 502
WILMINGTON, NORTH CAROLINA 28401-4093
TELEPHONE [phone]
FAX [phone]
August 29, 1996
Ms. Karyn Erickson
Applied Technology and Management, Inc.
2770 NW 43rd Street, Suite B
Gainesville, Florida 32606
Dear Ms. Erickson:
ALLEN O'NEAL
County Manager
ANDREW J. ATKINSON CPA
Deputy County Manager
DAVID F. WEAVER
Assistant County Manager
414 Chestnut Street, Room 101
Telephone [phone]
Fax [phone]
Applied Technology and Management, Inc. Is hereby authorized to act as New
Hanover County's agent to submit and process a USACOE permit for the New Hanover
County Public Beach Access Emergency Shore Protection Project.
Very truly yours,
-?) C-?
Dave Weaver
Assistant County Manager
New Hanover County
DW/aj