20030042 Ver 1_COMPLETE FILE_20030116

MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: N. Lutheran
WO Supervisor: Ed Beck
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name John & Emily Parker
Project Number 03 0042
Recvd From DCM
Received Date 1/16/03 Recvd By Region
Project Type dock construction
County Pender
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
LAMA Waters ©Y O N F_ 18-87-10 sA F 30.624. 0.00 F
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: 0 Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no ob' jection to the project as proposed provided that the applicant understands that
no dredging well be permitted in this area in the future due to the presence of submerged aquatic
yggetation.
A 401 Certification is not required.
cc: Regional Office
Central Office Page Number 1
e
NCDENR
North Carolina Department of Environment and Natural Resources
. Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
January 14, 2003
MEMORANDUM V

TO: Mr. John R. Dorney
Division of Water Quality
FROM: Doug Huggett
E
6 4V
Major Permits Processing Coordinator
W
AT
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?ROl

SUBJECT:
CAMA/DREDGE & FILL Permit Application Review ER
ip
CIn
SFCT1 R
Applicant: John and Emily Parker
Project Location: Lot 15B Elizabeth Parsley Subdivision, North Anderson Blvd. Topsail Beach, Pender
County, NC
Proposed Project: To add 4 additional mooring pilings to an existing dock and to relocate a floating dock
access ramp.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 6, 2003 If you have any questions regarding the proposed project, please contact Jim Gregson at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: 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.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: John B. Parker and Emily D Parker
2. LOCATION OF PROJECT SITE: Lot 15B Elizabeth Parsley Subdivision, adjacent to Banks Channel, within the
Town of Topsail Beach, Pender County
Photo Index - 2000: 25-325 K3 1995: 25-308 J12 1989: 173-23 J9
State Plane Coordinates - X: 2417612 Y: 232032 GPS File - S121815B
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/18/02 01/07/03
Was Applicant Present - Yes (01/07/03 only)
5. PROCESSING PROCEDURE: Application Received - 11/21/02
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Topsail Beach
Land Classification From LUP - Conservation Maritime Forest
(B) AEC(s) Involved: EW PT
(C) Water Dependent:Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Pier and floating dock
Planned - Addition of four (4) mooring pilings to existing dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
nP'Pnr_Pn VTT T 1771 l1TTTT n
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 180 sq. ft.
(open water) incorporated
(C) Other
(high round disturbance)
(D) Total Area Disturbed: 180 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to add four (8) additional mooring pilings to an existing dock and
to relocate a floating dock access ramp..
John B. Parker and Emily D. Parker
Page Two
9. PROJECT DESCRIPTION:
The project site is located at Lot 15B Elizabeth Parsley Subdivision, within the Town of Topsail Beach. Lot 15B
does not have a residence on it, however the physical address of the remainder of Lot 15 is 1126 North Anderson
Blvd. The property is located adjacent to Banks Channel and Topsail Sound.
The existing lot measures approximately 50 feet in width by approximately 590 feet deep. The elevation of the
property averages approximately 7 feet above mean sea level. Man made features on the property include a pier,
floating dock and an elevated walkway over coastal wetlands. The elevated walkway begins near the end of an
existing private roadway to the south of the applicant's lot and continues approximately 180 feet to the applicant's
pier. The existing pier measures approximately 4 feet in width by approximately 80 feet in length (measured from
the normal high water line). At the waterward end of the pier is a 10 feet by 17 feet platform and an 8 feet by 16 feet
floating dock. On the south side of the existing platform are two mooring pilings. On the north side of the pier is
an area of submerged aquatic vegetation (SAV) which extends waterward from the marsh line approximately 24 feet.
The Topsail Beach Land Classification Map classifies the upland areas of the project site as Conservation Maritime
Forest. The waters of Topsail Sound are classified "SA" by the Division of Water Quality. The area is not
designated as a Primary Nursery Area by the Division of Marine Fisheries and is open to the taking of shellfish.
The applicant is proposing to add four additional mooring pilings to the existing dock. The pilings would be located
on the north side of the existing pier, landward of the existing "T head". The pilings would be located approximately
6 feet from the pier and would be spaced approximately ten feet apart. The pilings would provide mooring
attachments for an additional two vessels. Water depths in this area range from approximately 0.0 feet MLW, near
the marsh edge, to approximately -3.0 feet MLW at the existing platform. The applicant is also proposing to relocate
the existing floating dock ramp to the far south end of the existing platform and floating dock. This position would
allow an additional vessel to be moored between the float and platform. Four additional pilings would be installed
in this area to facilitate mooring. The current pier and floating dock is providing mooring for two vessels. When the
floating dock was authorized, (under CAMA General Permit No. 016032-D) mooring pilings were also present
adjacent to the north side of the platform. This configuration provided docking space for a total of three vessels. The
new configuration would provide space for up to five vessels. The two additional slips on the north side of the pier
would be for the use of the owners of three interior lots that have deeded rights and privileges to use the Parker dock.
The submittal of this application is the result of Settlement Agreement in a civil action in Pender County between
Mr. Parker and owners of Lots 15, 16 and 17 of the Parsley Subdivision.
10. ANTICIPATED IMPACTS
The additional of the mooring pilings on the north side of the pier would incorporate an additional 180 sq. ft. of
public trust area. It appears that the mooring pilings could be located at least 15' from the adjacent area riparian
access to the north. The shallow water depths in the area of the eastern most pilings could result in bottom
disturbance and impacts to the SAVs when accessed at low tide. Short term increases in turbidity can be expected
during construction.
Submitted by: Jim Gregson Date: January 13, 2003 Office: Wilmington
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, comet ni or land ark
1. APPLICANT '
a. Landowner: j /_
Name -._) (5 i1,vl B 17
. f_'i°-
Emily D. Parker
Address
City r ,yet State /V
Zip-744/0/ Day Phone % 3 63417
Fax [phone]
b. Authorized Agent:
Name Kenneth A. Shanklin, Attorney
214 Market Street
Address P.O. Box 1347
City _ Wilmington State NC
Zip 28402 Day Phone[phone]
Fax [phone]
C. Project name (if any) P?r- k(f r
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
N07F. Perndr will be issued in name oflandawner rolect. If more space is needed, please attach
X, pages.
project name. _
S GVA t w,1 T I11? irc
C?j V-
C?
2. LOCATION OF PROPOSED
PROJECT cn s
a. County e-A
o
U
c. Street address onsecondary road number
d. Is proposed work ithin city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest pr jest (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation armJ/or filling activities.
44 s--Ly
b. Is the proposed activity maintenance of an existing
project, new work, or both?
c. Will the project be f 9r public, private or commercial
use? -_D?-tv'c?-
Revised 03195
O Cross-Sectional (Side-View) Drawing
Your application must include a cross-sectional or side-view diagram(s) showing the following,:
O Depth and elevation of existing structures and the proposed work relative to the existing ground level.
D Elevations of adjacent dunes (if applicable). y
13 Mean low water and mean high water lines.
D First floor elevations relative to mean sea level for any proposed buildings.
OTHER REQUIRED INFORMATION
O Project Narrative
A narrative description of the proposed project should also be provided. This narrative should discuss the
character and purpose of the proposed development, construction methodologies and any other special or
relevant considerations.
O Application Fee
See attached fee schedule. Checks are to be made payable to the N.C. Department of Environment and Natural
Resources.
O Deed
Your permit application package must include a copy of a deed, purchase agreement or other legal instrument
under which the applicant claims the right to develop the property in question.
O Consultant or Authorized Agent
If an authorized agent has been retained to obtain your CAMA permit, you must provide a letter granting your
agent the right to apply on your behalf.
D Wetland Delineation Approval
If applicable, documentation of U.S. Army Corps of Engineers wetland delineation approval should be
provided.
D Adjacent Property Owner Notification
Certified letters (Return Receipt Requested) with the copies of the permit application package (permit
application forms and appropriate workplan drawings) must be sent to all adjacent property owners. The
signed return receipt(s) must be provided with the permit application. This notification must also include
instructions to the adjacent property owner that any objections or concerns they have about your proposed
development should be provided in writing to the Division of Coastal Management.
Cl Stormwater Management Plan Certification
If your proposal will lead to an increase in built-upon area on your property, you may be required to subm it a
stormwater management plan to the N.C. Division of Water Quality for review and approval. You are advised
that the Division of Coastal Management can not issue a CAMA permit until this approval has been obtained.
O Ocean and Inlet Hazard Notices
For projects within oceanfront and iniet areas, an Area of Environmental Concern (AEC) Hazard Notice Form
must be signed. This form is available from your local CAMA permit representative.
O Other Information
At the discretion of the Division of Coastal Management, additional information may be requested.
For More Information, refer to the North Carolina Administrative Code Section 710200 - Application Process. Codes
of this Section are available from the Division of Coastal Management. 'jam c E I V 1[?aVY
?I
NOV 2 1 2002
D
DIVISION OF
COASTAL MANAGEMENT
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) 47,
c. Approximate elevation of tract above MHW or
NWL 5, Z M SL_
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract r%?.Ll ay-T 1
9 r-c- 5: Ckv
A
f. Man-made f tares now 9n tract t
w-
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. HM is the tract zoned by local government?
/C ES; d e, .A A- I
i. Is the proposedproject consistent with the applicable
zoning? r/ Yes No
(Attach zoning c»mpliance certificate, if applicable)
j. Has a professional archaeological asses rent been
done for the tract? Yes t/ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or ell ible property?
Yes No
1. Are there wetlands on a site? ZYes No
Coastal (marsh) Other
If yes, has a delineation been conducted? IV 0
(Attach documentation, if available)
Revised 03/45
m. Describe existing wastewater treatment facilities
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
o.. Describe existing drinking water supply source.
XF_
5. ADDITIONAL INFORMATION
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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an & 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency perso l u
TV
NOV 2 3 2002
DIVISION OF
COASTAL MANAGEMENT
Form DCM-MT-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
Name L (J) l/Y"g __-/1r Jr r; z I certify that I am authorized to grant, and do in fact,
Address f.?. ,6d X 9,6, %e17c'J,ey 1,411 grant permission to representatives of state and federal
Phone review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name 19? P ° 'DeVe)V-0e --? permit application and follow-up monitoring of the
Address PO 16OX J 9- -3 Ste; C"; 14 "Ye ffYY-5 project.
Phone `)J 0 . -,,) 0/.s- roe,
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
P, j' eO llvd-3 2.b
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for prcj:cts in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Ad (N.C.G.S. 113A - 1
10) If the project involves the expenditure of put
funds or use of public land's; attach a state '
documenting compliance with the North Car 'na
Environmental Policy Act.
Revised 03/95
1 further certify that the information provided in this
application is truthful to the best of my knowledge.
This is thel2th day of Novembers 20.02
Print Name JoWLA? P
Signature
I fay me 0.r AuthbriZed Agent
Signature:
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
?CM MP-3 Upland Development
T DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
W
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-:-. -.J
D?
co
Form DCM-N. W-d
STRUCTURES
(Construction, within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all 1
other sections of.the Joint Application which relate to () Commercial -Community _ private
Number
this proposed project. (3) Description of buoy
.a. Dock(s) and/or Pier(s)
C
(1) - Commercial -Community
private
IV
P2) _
Number
/
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7). Number of slips proposed t p?
(8) Proximity of structure to adjacent riparian
property lines !
(9) Width of water body fi-
(10) Water depth at waterward end of pier at
MLW or N-WL 15 I-
b. Boathouse (including covered lifts)
(1) Commercial private
?/g-(2) Length
(3) Width
( olor, tMscnption, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, oorinb etc.)
(1) Commercial Community
private
(2) ____
Number
(3) Length
(4) Width
g. Other (Give complete description)
SEE ATTACHMENT TO CAMA MAJOR
DEVELOPMENT PERMIT APPLICATION
V tl B. P"?- kel--
c- Groin (e.g. wood, sheetpile, etc.)
(1) Number
J--(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
A/ j 2) Average distance from MEW, NWL or
,1 f wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
_ November 13 , 2002
Data
Applicant
Emily D. Parker
Signatur
November 13 2 O B C E I V E
Date
NOV 2 1 2002
D
DIVISION OF
Revised 03195 COASTAL MANAGEMENT
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