19970109 Ver 1_COMPLETE FILE_19970210

? ' State of North Carolina
Department of Environment, _ .
Health and Natural Resources ?E 9
Wilmington Regional Office L FEB 14 1 3917
J
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
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February 14, 1997
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Mr. A. Preston Howard, P.E., Director
Division of Water Quality
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FII L Permit Application Review
Robert Toplin
Ilk,
y??Tq l,99?
y?'o?sc????? .
1839 Newkirk Road, adj to Myrtle Grove Sound, Wilmington, New Hanover Co
Proposed Project: The addition of a 6' x 15' float and 2 mooring pilings to an existing community
docking system, adding one slip for a total of 10
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by March 7, 1997. 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.
nA?? a/a119-I.
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 C_ V__ 5 6 i y t r DATE b Z- -Z -i - at D
'% %75. ID ov- ^,e %A,
W` 1 P-D
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Robert B. Toplin
2. LOCATION OF PROJECT SITE: Adjacent to Myrtle Grove Sound at 1839 Newkirk Rd.,
off of S. R. 1492, in New Hanover County.
Photo Index - 1995: 21-245, grid 5-Q,R 1989: 178-20, grid 2-H,I,J
State Plane Coordinates - X: 2342000 Y: 138400
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/15/97
Was Applicant Present - Yes
5. PRO CESSING PROCEDURE: Application Received - cc: 1129/97
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - Residences, Community Pier
Planned - Additional Slip
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
8. PROJECT SUMMARY: Applicant proposes to add a 6' x 15' float and 2 mooring pilings to
an existing community docking system, adding one slip for a total of 10.
(D) Total Area Disturbed: 525 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
Robert B. Toplin
Page 2
9. PROJECT DESCRIPTION 2/13/97
The project site is a 7.5 acre tract that the original owner has subdivided for single family residential
building. This tract lies adjacent to Myrtle Grove Sound at 1830 Newkirk Road off of State Road 1492
in New Hanover County. According to the applicant, the tract approximates 6' above mean high water
is elevation. The project area is classified as Conservation in the New Hanover County Land Use Plan;
the waters of Myrtle Grove Sound are classified SA-ORW by the Division of Water Quality; the waters
are designated as Primary Nursery Area by the Division of Marine Fisheries, and are open to the taking
of shellfish for consumption.
The applicant obtained a CAMA permit, #16-90, on 2/1/90, to construct a 7 slip community docking
system for use by the proposed community. The permit was amended by CRC variance to allow for
an extension beyond the 1/3 rule in order to reach deeper water. The permit was also amended to allow
for the addition of 4 mooring pilings landward of the floating dock to constitute 2 additional mooring
spaces. The total authorized number of slips were 9. This permit expired on 12/31/93. The structure
was built and in use prior to permit expiration. Hurricane Fran destroyed the structure. The applicant
has received an exemption to replace exactly the structure that was destroyed, however, he is proposing
to modify the project.
The applicant proposes to extend the 6' float to the north for an additional 15', with 2 mooring pilings
for a 10th slip for another community resident. The completed length of the floating dock will be 115'
with this addition. The property width at mean high water is 168.53'. There is another pier to serve
the applicant and his neighbor to the north shown on the aerial photography. This pier is no longer in
existence, and is not to be replaced on the property line. The original permit application showed in
excess of 30' to each adjacent riparian corridor; this distance should remain the same to the south side,
and should be reduced to + 15' on the north side.
10. ANTICIPATED IMPACTS
The project as proposed will incorporate approximately 525 square feet of public trust waters. There
will be an additional mooring space at the facility, but not enough to bring about a shellfish closure.
Submitted by: T. Barrett Date: 2/13/97 Office: Wilmington
TOPLIN PROPOSAL: DESCRIPTION AND EXPLANATION
Attached is my application for the addition of one boat slip to my pier, which serves a
small neighborhood called Timberbrook (the rebuilding of the original pier and docks
with nine slips -- as they stood before the hurricane -- may, of course, be permitted
without delay). This is a proposal to raise the number of slips at the pier to ten. As I
explain below, this proposal does not really represent a change from the number of slips I
was allowed to have at the property at an earlier date. In this application essentially I am
asking for the opportunity to add a 6 x 15 foot dock section on to the original 6 x 100 foot
floating dock.
Before Hurricane Fran I had the Timberbrook pier and nine boat slips constructed at the
property (seven given in the original permit; an additional two were given a permit not
long after the original). Also, I had a boat slip for my personal home attached to the
adjacent pier on the property (therefore, bringing the total number of slips associated
with my property to ten).
Rebuilding the northerly pier with one slip would be costly and would, of course, require
considerable work in the marine area to replace the damaged pilings. Furthermore, that
pier was shared with my neighbors to the north, Clayton and Dottie Williams, and Mr.
and Mrs.Williams told me that they do no not desire to rebuild the shared pier. Instead,
they prefer to build a pier of their own within their own property area. Thus, I would like
to build the Timberbrook pier and docks in the manner outlined below. The arrangement
proposed in the drawing includes reconstruction of the original nine slips and
construction of the tenth slip which takes the place of the one I that was attached to the
pier at the north end of my property.
Again, this proposal does not change the total number of slips that I had originally
intended to have and was, indeed, allowed. Furthermore, it involves much less
construction activity in the marine area than would be necessary if I tried to rebuild the
northerly pier in addition to the Timberbrook pier.
I had spoken with my neighbor to the north, Clayton Williams, and he at first gave verbal
approval of this plan Later Mr. and Mrs. Williams expressed concern because, they said,
the plan involved ten slips. I explained to Mr. and Mrs. Williams that this proposal does ,
not really represent a change in the numbers that had been permitted to me at a previous
date, and that the need to build ten slips at the Timberbrook pier rather than the nine
originally conceived and permitted was necessitated by the Williams' decision to oppose
the rebuilding of the separate pier and docks which we used together up until the time of
Hurricane Fran's visit to Wilmington.
The proposed plan keeps the dock and pilings a distance of 22 feet from the Williams'
riparian corridor and 30 feet from the Carpenter's riparian co
(O W
DW
JAN 2 9 1997 JJU
DIVISION OF
COASTAL MA14AGEMENT
Robert Toplin
Drawings: Pier and Dock Plans
Please note that most of the drawings diagram the pre-Fran pier and. docks, which can be
reconstructed without a major permit. The focus of this application is to obtain a permit
to construct the additional 6 x 15 foot dock to the north end of the 6 x 100 foot floating
dock.
D I
JAN 2 9 1997
DIVISION OF
COASTAL MANAGEMENT
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT wilmington
c. Street address or secondarv road number
a. Landowner: 1839 Newkirk Road
Name Robert Toplin d. Is proposed work within city limits or planning
jurisdiction? = yes No
Address 1839 Newkirk Road
City Wilmington State NC28409
Zip . 28409 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
e. Name of body of wazer nearest pNicct (e.g. -river,
creek, sound, bay) ntra-coastal waterway
3. DESCRIPTION AND PLAINTNED USE
OF PROPOSED PROJECT
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address excavation and/or filling activities. •
?? s
eviousl build
City ])boat docks
1997
Zip Day Phone DIVISION OF
1? GEMEbNP the proposed activity maintenance of an existing
ee*StAt
project, new work, or both?Extensinn of
Fax existing project
c. Will the project be for public, private or commercial
Timberbrook use? - nri ±P
c. Project name (if any)
NOT: Permit will be issued in nanw of Lx%dowwr(s), acid/or
project name.
d. Give a brief description of purpose, use, memods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. F? usP by Timberbrook
- heme e= 18%?,Q?s
2.. LOCATION OF PROPOSED
PROJECT

a. Countv New Hanover
Revised 0319,5
Form DCM42-1
4. LkN7D AND WATER
CHARACTERISTICS
a. Size of entire tract 'a 5r .,cl-?
b. Size of individual lot(s)
h0.( C_ &crr,
c. Approximate elevation of act above MHW or
NWL ff?a
d. Soil type) and texture(s) of tract
Oaw?
e. Vegetation on tract ,M?? grAss
f. Man-made features now oiil? tract F'h n rys jn
or;q.n?:e P;c.t- oMl d?ac r?
g-
h.
L
I
zoning? A Yes No
(Attach :aping conrlimnu errrificarr, iapplicsbleJ
m. Dgcripp existing wastewater treatment facilities
ep is
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.)
_ Str?ac ryno?
o. Describe existing drinking water supply source.
Wal i
5. ADDITIONAL INTORMATION
What is the CAMA Land Use Plan land
classification of the site? (canrr?lt the b T=nlu; -, 15 JR L?l'. n to the com pleted application form, the
ms must be submitted:
Conservation Tr l Developed CJAN 2 9 19 f the deed (with state application only) or
Rural Other w instrument under which the applicant claims tide
DIVISION O Ro the affected properties. If the applicant is not
Ho the tract zoned by local goverr{'?TAL MA1JAGficIJ to be the owner of said property, then
Ails
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
Is the proposed project consistent with the applicable from the owner to carry out the project.
Has a professional
done for the tract?
If yes, by whom? _
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes - Y._ No
L Are there wedands on the site? 61/
Yes No
Coastal (marsh) Other
'If yes, has a delineation been conducted? An,?.•?;M?
(Attach doa:nsentation, rf a?lable) 4fr.c t .?r•?••,`^, )
archaeological assessment been
Yes )t No
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1R' by 110 white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Plase note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-NI P-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
Dock(s) and/or Pier(s)
(1) _ Commercial Community _ Private
(2) Number /I¢
(3) Length
(4) Width
(5) Finger Piers -' Yes ? No
e. Mooring buoys
(1) _ Commercial Community - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
(i) Number
(ii) Length f.
(iii) Width
(6) Platform(s) ? Yes No
(i) Number 0 AC
(ii) Length
(iii) Width j(o
(7) Number of ships proposed I C g,
(8) Proximity of structure to adj cent riparian
property lines 17- ` CNvrfh X%,'4 IC 6504"K)
(9) Width of water body l ce c
(10) Water depth at waterward end of pier at
MLW or NWL ?-
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d.
Breakwater (e.g.
(1) Length
(2) Average
wetlands
(3) Maximum
Mooring structure (boatlift, mooring pilings, etc.)
(1) -Commercial ?Community -Private
(2) Number?-
(3)
Length 30
(4) Width Ve
Other (Give complete description)
p v b c,- TTv p6 ins'
Applicant or Project Name
Signature
Date
wood, sheetpile, etc.)
distance from MHW, NWL or
distance beyond MHW, NWL or
J UA
FR? 11 VIE
JAN 2 9 1997
DIVISION OF
COASTAL MA14AGEMENT
wetlands
Revised 03/95
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