19970136 Ver 1_COMPLETE FILE_19970214

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Charles Zearfoss
104 Middle Lane
Wilmington, NC 28405
Dear Mr. Zearfoss:
M15WA
[D FE F=1
April 10, 1997
New Hanover County
WQC 401 Project #970136
You have our approval, in accordance with the attached conditions, to shade in 1,149 square feet of
wetlands or waters for the purpose of constructing a pier, ramp and floating dock at 104 Middle Lane in New
Hanover County, as you described in your application dated 14 February 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3112.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specked in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
;r,. ely,
ton Howard; Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
970136.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/109/6 post consumer paper
+ St6te 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
MEMORANDUM:
FEB 0 4 1997 AT ;01
P ?4
•••"••`••....rrwwrwrrrwr°rT? E H N 1= y
February 4, 1997
-q'%
TO: Mr. A. Preston Howard, P.E., Director Ri rIn n
55
Division of Water Quality .
?G
FROM: John R. Parker
Major Permits Processing Coordinator. =E'
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Charles D. Zearfoss
Project Location: Adj to Pages Creek at 104 Middle Lane, Wilmington, New Hanover Co
Proposed Project: The construction of a 5' wide pier and ramp which will be used to access approx.
1050 sq. ft. of floating docks
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Feb 25, 1997. If you have any questions regarding the proposed project, please contact Jerry Parker
at extension 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: ?zThis 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.
n
SIGNED E? CC- %f?- S k (` t- DATE Z - l l - c? -,
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: Charles D. Zearfoss
2. LOCATION OF PROJECT SITE: Adjacent to Pages Creek at approximately 1000 ft upstream
from the mouth of the creek at 104 Middle Lane in New Hanover County.
Photo Index - 1995:22-260; 19-J 1989: 174-14; 15- U 1984:18-231; 11- K,L
State Plane Coordinates - X: 2371000 Y: 189800
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 5, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 1-22-97
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, ES, PT,
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned -None
(F) Type of Structures: Existing - None
Planned -Pier and docks
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
----------------------
(A) Vegetated Wetlands
Coastal Wetlands-Shaded 100 sq. ft.
(B) Non-Vegetated Wetlands
(C) Other 1049 sq. ft.
Open Water-Incorporated
• .Y1 . VL.&A -1-ea uiswrDea: 1149 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to construct a five foot wide pier and ramp
which will be utilized to access approximately 1050 sq. ft. of salvaged floating docks to be used
for the docking of four boats.
Charles D. Zearfoss
February 3, 1997
9. PROTECT DESCRIPTION
The project site is located at 104 Middle Lane Road in New Hanover County adjacent to Pages
Creek. It is approximately 1000 ft upstream of the mouth of the creek which empties into the
AIWW. The community is residential with several nearby marinas. Since there is considerable
development along the shorelines of Pages Creek and because of the proximity of the site to the
mouth of the creek, boat traffic during peak seasons is generally heavy in the waters adjacent
to the project site. The creek width adjacent to the applicant's property is approximately 165 ft,
however, the channel width is approximately 100 ft.
The project site is an approximately three acre lot with a single family residence and
approximately 100 ft of waterfrontage at mean high water. Elevation of the lot increases
landward to approximately 30 ft above mean sea level. The waters of Pages Creek adjacent to
project site are classified as SA waters by the Division of Environmental Management. The
waters are not designated as primary nursery area but are open to the taking of shellfish. The
New Hanover County Land Use Plan classifies the area as Conservation.
The applicant initially applied for and received an exemption to replace his hurricane damaged
dock in a similar manner with no enlargement permitted. However, during a site visit on
November 5, 1996 the applicant was informed that the docking exceeded the 500 sq. ft.
limitation and as such the exemption was revoked. It was requested that the applicant remove
all docking in excess of 500 sq. ft. The applicant was informed that he would need to apply for
a major permit before a decision could be made on the allowance of greater than 500 sq. ft. The
applicant was also informed during the site visit that placement of the floating docks was
required to be inside of the 15 ft riparian corridor line. After approximately four weeks of not
complying with the request to bring the docks into compliance the applicant was issued a Notice
of Violation. The applicant responded by letter that he should not receive an NOV based on the
fact that he received an exemption and was misinformed by a CAMA Field Representatives who
stated that floating docks were not included in the 500 sq. ft. limitation. After confirming that
statements in his letter were true it was concluded that the applicant should not receive an NOV
but should apply for a major permit.
The applicant proposes to construct a five foot wide pier and ramp which will extend from high
ground and be used to access approximately 1050 sq. ft. of salvaged floating docks which he
plans to use for the docking of four boats. The configuration of the proposed floating docks will
be such that approximately 55 ft. of dock will run parallel to the shoreline from which three
finger piers of 32, 32.5 and 28.2 ft will extend out into the channel. With the exception of an
1S.1 X 4.7 ft. section of floating dock to be placed parallel to the shoreline, all of the floating
docks exceed six feet in width. The entire structure is proposed to be at least 15 ft inside of each
riparian corridor line. The five foot wide pier crosses an approximately 20 ft wide band of
S artina alterniflora mixed with Juncus roem_ e`, The proposed floating docks are waterward
of the pier, as well as, all coastal wetland vegetation. The entire project extends approximately
60 ft. into the creek with an approximate four feet mlw water depth at the waterward end.
Charles D. Zearfoss
February 3, 1997
The applicant has submitted letters stating that he is a Coast Guard Auxiliary member and
Reserve Wrightsville Beach Police Officer. The letters also state that the applicant offers the
services of his personal boats to each of the agencies. The applicant submitted the letters as
justification for the need of greater than 500 sq. ft. of docking. By contrast, both adjacent
riparian neighbors and other residents of Pages Creek have expressed in writing strong
objections to the applicant's proposal to exceed the 500 sq. ft. limitation.
10. ANTICIPATED IMPACTS
The project as proposed will shade approximately 100 square feet of coastal marsh and will
incorporate approximately 1050 square feet of Public Trust Waters. The project as proposed
meets the 1\3 rule and is at least 15 ft. from each riparian corridor.
Submitted by: Jerry A. Parker Date: 02/03/97 Office: Wilmington
Form DCM-MP-1
AJAN 081997 D
(To be completed by all applicants) DIVISION OF
COASTAL MANAGEMENT
I
1. APPLICANT
a. Landowner:
Name ??o,tIC?S I. Z?arSs
Address 10-1 A i J? le- Lei 4f <°•
City \A/1 IM iy2-4 j N State 11V?f
Zip Day Phon 110 / 6a- a70a
Fa 910 6R;-08)a
b. Authorized Agent:
b. City, town co unity or landmark
Q Crq/V
c. Street address ger ndary road number
Lo y /A I ?CAtiC
d. Is proposed work within city limits or planning
jurisdiction? Yes ?No
e. Name of body of wate earest project (e. river,
creek, sound, bay) a es Cr?c
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name -kAo C A V , i VC Mp?me a•
11 Go c rs
Address ?3 I? A i f i l e 1 Oad
City A/1 `M1 N4?0 N State
Zip ' ()? Day Phone(q[0)
Fax to ),SG - 5 -3 3 5
c. Project name (if any)
NOTE: Pernut will be irrued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County A?w Almoof r
List all development activities you, propose'(e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
W(Rr w4lr. cksociqAP-A dJiN
Oper was de ro b Rrav
b. Is the proposed activity maintenance Qf an existing
project, new work, or both? 101,
c. Will the project be for public rivate or commercial
use? 0 f 1vA'? a f o lce f coasf GvartA
d. Give a brief description of purpose, use, methods' of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Mc Zec,4-ss salvaaeA Aim.
Ne
1Avrt@1\4SrNl1e'bear'? 'Police aeal-4Las A en!.d'for
M-A oml nkoortg,t ± CJ - .A r= -1s w aid t Al Id44
d ou a . Co,, rr " df ?k e w II `e
??Q?d0.r ? MaCI ?dvS'Er oN usin??Fr«{ed I?M`?
Revised 0119;
Form DCM-MP-1 ?..? ; 7\7
Jf 1
i 1
1
J IV DO
'J 8 19P
M. Describe existing wastewater treatment facilities.
4. LAND AND WATER 1l V! s!; 0 t J O F 5e ni S v s? ,,
CHARACTERISTICS coa,sT°? tvi fJ.AGE'?1ET
a. Size of entire tract ± AC(--S
b. Size of individual lot(s) } J J"GF?S
c. Approximate elevation of tract above MHW or
NWL '3O' 7%aye /V1 S L
d. Soil type(s) and texture(s) of tract 1
Lc, - LGkv_ lawA sa ld TM `?1aal naafS?
e. Vegetation on tract 4 or?KO_Y Qa?\-, S0,,,? ao,SroA
?or•?,?ectf otNC' A?aN4e8 pIaSS? y IavdScg,?
f. Man-made features now on tract 30(?c Q"kausa
g. What is the CAMA Land Use Plan land
'classification of the site? (Conuah the local land use per,.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract ed by local government?
Rn - aO
i. Is the proposed project consistent with the applicable
zoning? -? Yes No
(Alrach zoning compliance eerrificnte, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes ? No
If yes,- by whom? _ /V/,4
k. Is the project located in a National
Historic District or does it involve
Register listed or eligible property?
Yes \/' No
1. Are there wetlands o5-,he site? ZY
Coastal (marsh) V Other
If yes, has a delineation been conducted?
(Attach docunenkuion, if available)
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.) No
D, cAd a C S TC ANA T? t C O --?.?
le
o. Describe existin drinking water supply source.
S,VJIvtclVal
5. ADDITIONAL rNFORMATION
In addition to the completer 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 8 1/2" by I1" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Registered Please note that original drawings are preferred and
a National only high quality copies wi11 be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of qualin• copies are provided by
applicant. (Contact the U.S. Army Corps of
es No 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 unfarniiiar with the area to the
-- -,

Form DCM-MP-1
JAN 081997
site. Include highway or secondary r DIVISIU OF
numbers landmarks and the like. ?A??AL MAI?E ? _
C TIFICATION AND PERMISSION
• A Stormwater Certification, if one is necessary.
J
• 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.
Name Mr + A-6 V ell Arrl S
Address 1 IS /wit 0, /vQ , Wr t/,AiN +a
Phone C y0 '1110 6-'/Q
Name r4MfS OU 14,S )<!41V
Address a eAM r. C rc e
Phone M1M? iq v NC a (0S 946o%-90A
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.
(? 1981 (fAA A- AA Il6R ?i c-,mi / use)
crjr p s e E N9; re .S
?«?? Lcxe,? frorV l?ie? 11-1`1-96 1g1w3`f0?-?-?G?YeMplt?o? ? der I?raN at?
• A check: for $250 made payable to the Dear q nt)of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
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.
I certify that I am authorized to grant, and -do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.,
This is the Cv4~ day of a?AA( , 19 17 . '
Print Name CNnAlr-r / Zs?o2, r
Signature
Landowner or Audwrized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
? 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.
Form DCM-MP-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.
a. Dock(s) and/or Pier(s) /
(1) Comme
i
l
C
i
rc
a
-
ommun
ty V Private
(2) Number 1
(3) Length 4G'
(4) Width S'
(5) Finger Piers ? Yes No
(i) Number 3
(ii) Length 31'
(iii) Width ?.5 8.9'? G. '
(6) Platform(s) _Z Yes No
(i) Number 3
(ii) Length ' 1O' IG.8' I8.1
F
(iii) Width .5' G.5'
y.7'
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines" -O ?' f a$' cash
(9) Width of water body ='a9S'
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse including covered lifts)
(1) Commercial N??4 Private
(2) ' Length
(3) Width MIA
c. Groin (e.g. wood, sheet ile, etc.)
(1) Number /t
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length _ ANA
(2) Average distance from MHW, NWL or
wetlands

(3) _
Maximum dist
ce eyond MHW, NWL or

•
wetlands N9
T9-
D IF' ?77
Q.
D
JAN 0 8 1997
DIVIS10t! OF
COASTAL MANAGEMENT
e. Mooring buoys
(1) Commercial Community _ Private
(2) Number O
(3) Description of buoy
(Color, inscriptions, anchor, etc.)
(4) Width of water body
(5) Distance ' buoy(s) to ire /placed beyond
shoreline /V V
f. Mooring structure (boadift, mooring pilings, etc.)
(1) _ Commercial Community _ Private
(2) Number
(3) Length
(4) . Width
g. Other (Give complete de=ipdon)
(f 6rlc s D.
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App7n-j
Signature
Date
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DIVISION OF
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality
Governor Water Quality Section Jonathan S Howes
Secretary
Mr. Charles D. Zearfoss
104 Middle Lane
Wilmington, North Carolina 28405
Dear Mr. Zearfoss:
January 23, 1997
Subject: STOR-MWATER EXEMPTION
Project No. SW8 970121
New Hanover County
Pier Construction
The Wilmington Regional Office received a copy of the CAMA Major Permit Application for the pier
replacement/addition at your residence on January 8. 1997. Staff review of the plans and specifications has determined
that the development activities proposed will not pose a threat to surface water quality from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat
from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC
2H.1000. By copy of this letter. we are informing you that your project will not require a stormwater management permit.
Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other permits
which may be required by the Division of water Quality, the Division of Land Resources, Coastal Areas Management
Act, Federal, State, or Local Governments. In addition, any future modifications to the project will require additional
review from this Office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information conce ring this matter please contvct Ms. Linda Lewis
at [phone].
Sincerely,

Rick Shiver, P.G.
Acting Regional Water Q -,lir%. Supen-isor
RSS/arl: S:\WQS\STORVIWAT\CAMA't970124.JAN
cc: Tere Barrett
Tony Roberts, New Hanover County Inspections
Wilmington Regional Office
127 Cardinal Dme Extension, «'il.Min;ior., N.C. 28:05-38:5 • TelephunC 910-?95-:9(A • =ux 910-350-'C04
r An EL:jal opportntn• Affirrnuve Action Empluver