23-91 Lewis, Mark

FPermit Class
RW ><
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources r
and iCoastal Resources. Commission
hermit
Permit Number
23-91
EB 11 1991
for
x Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
x Excavation and/or filling pursuant to NCGS 113-229
Issued to
authorizing development in Pender Countyat Topsail Sound. off SR1S64 at Sloop P�
as requested in the permittee's application dated 2/23/89
---,A Z/ln/RQ -1�' ". -" rl + .-0 9/01 /AQ �"l "'n
This permit, issued on February 8, 1991 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) In order to protect juvenile shrimp and fin fish, no excavation or filling
will be permitted between the dates of April 1 and September 30 of any year
without the prior approval of the N. C. Division of Coastal Management.
2) Excavation is limited to only those areas identified on the attached plan view
plat dated 7/21/89. Additionally, no excavation may take place in the portion
of the basin belonging to the adjacent riparian property owner, Ms. Patricia
Myers.
3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW).
4) The temporary placement or double handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31. 1994
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
A%'- ��- � -
Roger N. Schecter, Director
Division of Coastal Management
Tbis permit and its conditions are hereby accepted.
Signature of Permittee

A; a
Mark Lewis
Permit #23-91
Page 2 of 4
ADDITIONAL CONDITIONS
N
5) No excavated or fill material will be placed at any time in any marsh or
surrounding waters outside of the alignment of the fill area indicated on the
plat.
6) All excavated materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or
surrounding waters.
7) The spoil area will be graded smooth, in a convex shape, and provided a ground
cover sufficient to restrain erosion within thirty (30) days of project
completion. No depressions, which could cause the breeding of mosquitos,
shall remain after grading and germination of grass.
8) The new bulkhead will not be positioned farther waterward than 2 feet from the
alignment of the old, deteriorating bulkhead.
9) All backfill materials will be obtained from a highground source and confined
landward of the permitted bulkhead.
10) The fill material will be clean and free of pollutants, except in trace
quantities. Metal products, organic materials, or unsightly debris will not
be used.
11) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction -related
discharge. Increases such that the turbidity in the waterbody is 50 NTUs or
less are not considered significant.
12) The proposed piers will not exceed the dimensions of 60 feet long by 6 feet
wide.
13) No sewage, whether treated or untreated, shall be discharged at any time from
.,boats using the docking facility. -=Any sewage discharge at the docking-'�u, '
facility shall be considered a.violation.of this permit for which that)
permittee is responsible. ',This-prohibition,shall be applied and enforced,',
throughout the entire existence of the'permitted structure.
14) This permit authorizes only the docks, piers, and other structures and uses
located in or over the water that are expressly and specifically set forth in
the permit application. No other structures, whether floating or stationary,
may become a_permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on,
in, or over public trust waters without permit modification.
15) This permit authorizes development associated with boat building, repairs, and
dockage of the permittee's fishing boats only.
16) The authorized structure and associated activity must not cause an
unacceptable interference with navigation.

A
Mark Lewis
Permit #23-91
Page 3 of 4
ADDITIONAL CONDITIONS
17) This permit does not authorize interference with any existing or proposed
Federal project.
18) This project should be undertaken with caution. I£ during construction,
submerged materials are encountered, the permittee should contact the Army
Corps of Engineers -Wilmington District office who will notify the N. C. Dept.
of Cultural Resources, pursuant to Section 106 of the National Historic
Preservation Act of 1966. In addition, the area is protected by North
Carolina legislation (G.S. 121-22 to 28, Article 3: salvage ofabandoned
shipwrecks and other underwater archaeological materials on all bottoms from
low water to one marine league seaward, and bottoms of other navigable
waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L.
100-298)'which gives the state jurisdiction over a broad range of living and
nonliving resources in state waters and submerged lands, including certain
abandoned shipwrecks, which have been deserted and to which the owner has
relinquished ownership rights with no retention.
19) The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the project without having
the permit transferred to a third party.
NOTE: Since the project is located in a community, the permittee should keep to
a minimum noise and lights from the operation of the facility that could
disturb neighbors.Furthermore, he should make all possible efforts to
clean up debris from the project site and maintain the area in a litter -
free manner.
NOTE: It is strongly recommended that the permittee exercise all available
precautions in the day-to-day operation of the facility to prevent sand
blasting residue and/or other facility waste from entering the adjacent
waters. Such discharge, either directly or indirectly, to adjacent
-waters could;, contravene state water, i quality., standards, thereby violating'
state law.
NOTE: Caution should be -used when entering and exiting .the facility via the
access easement across the Benson property sous to not jeopardize any,
patrons of the trailer park.
NOTE: Drainage across the project site should be directed away from adjacent
properties and Topsail Sound.

Mark Lewis
ADDITIONAL CONDITIONS
Permit #23-91
Page 4 of 4
NOTE: Permanent reflectors should be attached to the structure in order to make
it more visible during hours of darkness or inclement weather.
NOTE: Future development on the permittee's property may require a modification
of this permit. Contact a representative of this Division at (919)
254-4161 prior to commencement of any such activity for this
determination.

IJVV I�
L _-_.._. J i...1t
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Mat -tin, Governor David W. Owens
S. Thomas Rhodes, Secretary March 21, 1989 Director
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Division of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
Mark Lewis
Applicant's Name
1564 Lewis Road Pender
Location of ProjectCounty
X for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development permit ....
for a CAMA major development permit (only) ....
for a dredge and fill permit (only) ....
has been reviewed by this District Office and is being forwarded to you
along with a Field Investigation Report for further application processing,
including circulation to State agencies having interest and/or jurisdiction
over the subject matter which might be affected by the project.
The recommendation of this Office is covered on the reverse side;
attached; will be forwarded T-a'fer. .
feL✓ � o �4t o �t prl
J�nr,c
d",
r
1 rs
Sincerely,
J es H. Herstine, Manager
W lmington District
yT e1Cii Tiry �'^1in21ff
Tr lo/ ;/ee rc
p
a L, lif/ encan Gil e+.t
P.O. Box 27687 Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

0
(A) This office has no objection to the project as proposed.
(B) This office has no comment on the project as proposed.
(C) This office approves of the project (or project concept) and/or recommends
these minor refinements for project management.
(D) This office objects to the project and recommends permit denial based
on a finding of:
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill
law)as enumerated below:
(e)(1) ... that there will be significant (e)(2) ... that there will be signifi-
adverse effect of the proposed dredg- cant adverse effect on the value
ing and filling on the use of the and enjoyment of the property of
water by the public; any riparian owners;
(e)(3) ... that there will be significant
adverse effect on public health,
safety, and welfare;
(e)(4) ... that there will be signifi-
cant adverse effect on the con-
servation of public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries.
(2) Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site rule.
(3) Inconsistency with the local Land Use Plan (please elaborate).
(4) Inconsistency with Rules, Guidelines, or Standards of
this agency or a finding that the project is in conflict
with other authority or interest as stipulated below.
(E) Attachment. Include memorandum or other documentation that support
findings relating to D1-4; or provide general comments.
���7B�
ignature
3-2 /- ffq

DIVISION OF COASTAL MANAGEMENT
WILMINGTON REGIONAL OFFICE
[phone]
July 25, 1989
MEMORANDUM
To: George Matthis
From: Tere Barrett
Thru: Jim Herstine
Re: Mark Lewis App 'cation
Glen Lewis visited my office on July 21, 1989, and changed the sketch
of the area to be dredged to correspond to the changes made in the
application on May 25, 1989. Enclosed is the sketch showing new area
to be dredged highlighted in black.
cc: Preston Pate

LIE
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I
i Pl'er .� YEt J5� �
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Fn'JUN 0 s Igoe '
......... ov.. oe.......
MEMORANDUM
To: To All Reviewing Agencies
From: Tere Barrett
Date: May 25, 1989
Subject: Revision to Permit Application for Mark Lewis
Please find
enclosed a revision to the application submitted by Mark Lewis on
2123/89 and
modified on 5/23/89. Items 6a and b have been
changed
to indicate a
decrease in
amount of new dredging to an area 20' x 60',
or 133
cubic yards.
This lessens
the total amount dredged from 1866 cubic yards
to 1333
cubic yards.
Also enclosed is a revised bio report.
TB:nbb
Enclosures

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Mark Lewis
2. Location of project site 1564 Lewis Road, in the Sloop Point Community of
Pender Countv adiacent to Topsail Sound. New Photo 22-47. Grid #K-6
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 3/1/89
(B) Was applicant present yes
5. Processing procedure: Application received 3/10/89 Office Wilmington
6. Site description: (A) Local Land Use Plan Pender County
Land Classification from LUP Rural residential
Development constraints identified in LUP Low
intensity
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands Public Trust Waters X
Estuarine Waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private Commercial X
(E) Type of waste water treatment: Existing N/A
Planned
(F) Type of structures: Existing House and monorail, bulkhead
Planned Piers
(G) Estimated annual rate of erosion Source
7. Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
(B) Non -vegetated wetlands:
(C) Other: Shaded
Open Water 12,000 s.f. (1333 cu. yd.) 1440 s.f.
(D) Total Area Disturbed: 13,440 s.f.
8. Project Summary The applicant proposes to upgrade his existing boatyard by
replacing the bulkhead, adding 4 docks, and dredging to -6' mlw the area that
has shoaled in to -3' mlw.

Mark Lewis
Page two
9. PROJECT DESCRIPTION
The project is located on Lewis Road (SR 1564) adjacent to Topsail Sound in the
Sloop Point Community of Pender County. This part of Topsail Sound is just
south of the mouth of Virginia Creek. This point of land extends into the
waterway, leaving it vulnerable to the wave action of the AIWW. There is an
area of remnant Spartina alternaflora, but due to the wave intensity there is
no new growth. The bottom is sandy.
The site is currently and historically used as a boat building and repair
business, with some fishing as well. The tract is 1 acre in size. The
property adjacent to the project site on the south has also historically been
occupied by boat building and repair, as well as fishing. The property to the
north is residential. The owner currently lives on the site, but plans on
moving his house in order to have more room for boat maintenance.
The area is typically highground, about 4' above the mhw level. On the north
side of the property lies a manmade boat basin, 270' long and 80' wide. This
area houses 3-4 fishing boats. The property is bulkheaded around the AIWW and
the canal. There is a monorail existing on the high ground portion of the lot.
The waterway is approximately 1000' wide at this point. It is open to
shellfishing by the Division of Marine Fisheries, and is not a designated
primary nursery area. The water is classified SA by the Division of
Environmental Management. The applicant has recently obtained the shellfish
lease for the bottom adjacent to the property. He plans to seed shellfish beds
here. The Pender County Land Use plan lists this area as rural residential,
restricted to low intensity uses.
The project consists of the construction of 4 piers, 60' long by 6' wide. The
middle two will be used as a travel lift to lift boats to repair on the high
ground. The outer two will be used for docking of boats that can be repaired
in the water, or for boats waiting for out of water repairs.
There are to be two mooring pilings placed between the 3rd and 4th piers. The
length of the piers is consistent with the 1/3 rule, and maintains more than
300' from the near edge ofthe federally maintained channel.
The applicant plans to replace the portion of the bulkhead adjacent to the
AIWW. This 135' section will be replaced in the same location, using cement
sheeting.

Mark Lewis
Page three
The applicant's boat basin has shoaled into an average of -3' mlw. He plans to
dredge this to -6' mlw. In addition, he plans to dredge the area waterward of
the bulkhead adjacent to the AIWW. This is the area in which he proposes 4
docks. This area averages anywhere from .5 mhw to -4' mlw. He plans to
dredge only to the end of his 2 middle piers (60 ft. x 20 ft.). At this point,
the water is approximately -6' mlw, dropping to -8' mlw, and to the AIWW. This
area has not been previously dredged, but is adjacent to the waterway on one
side, and the man made channel on the other. The bottom is sandy, with no
apparent shellfish resources. There are some remnant Spartina alternaflora
stems, but no evidence of new or recent growth. This area is subject to
significant wave action.
The dredging project between the piers, in addition to that in the boat basin,
adds up to a total of approximately 1333 cubic yards. This is for 60' in
width, 20' long adjacent to the AIWW, and 40' wide by 270' long in the basin.
Both are to be dredged to -6' mlw. The dredging is to be done by dragline.
The spoil will be placed on high ground farmland behind the applicant's
property and in the applicant's yard. This property is also owned by the
applicant's family. The disposal area is approximately 1000' x 500'. The
spoil will be spread over the land to dry, and will then be graded to fill in
holes and low areas in the applicant's road and driveway.
10. POTENTIAL IMPACTS
The piers will shade approximately 1440 s.f. of open water. The dredging will
impact a total area of 12,000 s.f. of intertidal area and open water. About
160 s.f. of this contains some remains of old growth Spartina alternaflora.
The remainder is open water with a sandy bottom. The total amount to be
dredged is 1333 cubic yards. The bulkhead will incorporate no new coastal
resources as it is to be aligned in place of the existing bulkhead. Some
increase in the amount of business done by the applicant can be anticipated
with the upgraded facilities.

Re: Approval for State Permit - Mark Lewis
No objections to the project as proposed subject to the following conditions:
1. In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Office of Coastal Management.
2. The bulkhead will be aligned in place of the existing bulkhead.
3. All back fill material will be obtained from a highground source and
confined behind the permitted bulkhead.
4. No excavated or fill material will be placed at any time in any marsh or
surrounding waters; outside of the alignment of the fill area indicated on
the plat.
5. The spoil area will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project
completion.
6. No double handling of material is allowed when excavating within a
dragline.
7. This permit is not for a marina, but for boat repairs and construction.

Please type or print., Carefully describe all an-
ticipated development activities, including construc-
cion,-excavatlion, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8.9 must be completed for
all projects.
APPLICANT
a. Name A/
Address r
State
phoy
Landowner or Authorized agent
b. Project name (if any) --44�-,
c. If the applicant is not the landowner, also vegi give
th�wner's name and address.
%V-
'2 LOCATION OF PROPOSED
a. Street address or secondary road A,�,, unrber,,,
b. City
,community,,own, gr landmark
c. County
dm Is prop6sed'work within city limits or planning
jurisdiction? Al o
e. Name of body of water nearest project
J
a. Describe all development activities -you propose
'(for example, building' a home, motel, marina,
bulkhead, r iFr
V
12 1
If you plan to build a marina,, also colmplete,
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? 2 )
C. Will the project be for community, private, or
commercial use?
d. Describe rlie planned use of the project.
LAND =ANDVATER'
V
CHARACTERISTICS
a. Size of entire tract— I/
b. Size of individual lot(s) c
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract
G!,
f. fv4an-made features now on tract
i ', -,
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult -the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by- local-, government?
i. How are adjacent waters classified?
j. Hasa professional archaeological survey been
carried out for the tract?
If so, by whom?
W5UPLAND DEVELOPMENT
Complete this section if the -project includes any
upland development. 3 . -
a. e I Typand number of buildings; facilities, or
structures "proposed
b. Number of lots o s'
' r parcel
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 projectl_ opr-
ke than
one acre of lan�AIJ& tao
A
Resources must,
an erosion as sedimen-
tation control %t least 30 dyAbefore land
disturbingactive CW-) 104pplicable ;NaL
sedimentation and erosion cop . ir , &Y - - n
submitted to the Divtv 114
f.?. Giv.e. the percenraA"8'the tract.;withm 75, feet
of mean high, water to be covered by -im-
permeable surfaces, -such -as pavement,
buildings, or rooftops.

g. List t'he matenals;`such as"marl, paver stone; '
asphalt, -or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted.to:the_Division of En-
vironmental Management? -
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
F
b. Amourtt of material to be'excavated from
m '-below water- level cubic yards'_;
c. Type of material C .�
d. Does the area to be excavated include marsh-'
land, swamps, or other-weelands? : `
e.High ground excavation, in cubic yards '
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal.area? -'`%-,
j. 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?�
' If so, where? _ . -
-- j.. Doesthe disposal area include any'inarshla'nd,
1. 'Describe location and-'type',,of;discharges:to�' sviamplland,'of water aieasr' t
---waters: of the state -(for runoff, k. Will -the fill'mate ial be placed below mean';
sanitary -wastewater, mdustnal/comtnerual high water? %� i
effluent; or =wash down' ). 1. "' Am"of ount fi11 In cubic.,yards
n- Source of fill material .. _-_ .... _. ; _
m: WateYsu 1 'source o: 'Will. fill material be laced on marsh o— the'r- ;
PP y P
n. If. the:project.is.oceanfront developrnent,- wetlands? /Vo
describe .the:stepslthat`-will be taken to main- = p; 'Dimensions of the wetland. to be filled /
Aa n, e6tablished public;beach-;beach-or--pro-` q..' How will. excavate'd.or.fill-materialbe;kept'on
vide -new access ' site .and erogio1. n controlled?
o. ,If the project is; -on the gceanfront;..what.will ..... r ^What -.type -of construction equipment will
be the elevation; above "mean se_a_level of the:'c. used (for, example draglirie, backhoe of `
first'habira6le floor? "hydraulic dredge)?
_.
v
Ai�ATION '
,r $,x t. s Wtll wetlanda.li'e crossed in transporting equip
ment`to the project site? ^' If, er ex lam
.. P. ] � Y ,J P _
.thesteps that will be taken to lessen en '
a. Describe below the -purpose of;proposed excava- uironmental ?impacts `
tion or --;fill activities (excluding bulkheads, .
whichare covered m Section 7)'
Length 'Nia ..Depth
Access -channel;
(MLW) or (NWI
Boatliasm
OEherfJbreak
'waterr pier '
boat ramp,
roc k'jetty) `
--; Fill-placed-m
wetland"o'r'bel'ov
MHW
Upland;
areas '
'7 SHOREINES,TBIsIZATFION ,
i a Length of bulkhead or.riprap--
b. ''Average distance waterwaz of meanhigh iwater or normal, water.
C. ,,,Shoreline-ero.'sion?dunng�preceding'12 months,
in'. feet
r
d._ Type of bulkhead material. (`'
e. t'Amount'of fill; rn cubic>`yards; to`be placed-`''
below mean high water
f. _ _ Typeof fill material

8 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 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 tide, 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 1/2 x 11 whire 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
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).�f �A
Nan.. '1icl,I R turn " '� S
Addres�� �J C
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 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 statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
f 9 CERTIFICATiIQN ,AND PERMS--
SI®N TO.,ENTER ,ON LAND '_;;:
Any permit issued in response to. this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I 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 andfollow-upmonitoring of project.
his T�}}� the ¢���L day ofy
19�L. .
i
X �✓i
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U,S. Army. Corps of En ' ers. See the
map on the insidg fnegct appropriate
DCM office
number.
"'.
COhSTl1l`MPNPp pia
pr;yL-„irGlCltd Rc� ,..�

NAY 0 81989
Dr. Bob Hogarth
Box 769
3411 Arendell St.
Morehead City, N.C. 28557
Dear Dr. Hogarth,
310 Moore's Landing
Hampstead
North Carolina
April 29,1989
As a home owner at 310 Moore's Landing, Hampstead, North Carolina,
we are concerned about the issuance of a permit for expanding
the current boat building business to Mark and Glenn Lewis.
Their current business is two lots away from our residence
and we have had debris on our beach that appears to have come
from their business.
Since there are several boats anchored in the channel between
the Lewis' and the Patricia Myers residence, it appears that
a mini -marina is also becoming a part of their current business.
Because of the pollution to the waterway, noise, possible danger
to the shell fish beds, as well as cluttering our beaches and
adversely affecting the property values in a residential area,
we are hoping the expansion permit will be denied and the agency
responsible for monitoring environmental protection will investigate
the existing business.
The residents of Sloop Point and Moore's Landing are in agreement
about the aforementioned conditions.
Thank you for your consideration.
Sincerely,
John and Velva Vine
cc: Mr. Preston Pate
Mr. Rick Carpenter
Mr. John Parker
Mr. Robert Benton
Mr. Jim Baker

il!
� r r7 r 17" AA n 13 1989
R� ,.._ .._:.
U
APR 1 9 1989
310 Moores Landing
Hempstead, North Carolina
April 10, 1989
James Herstine
7225 Wrightsville Avenue
Wilmington, NC 28403
re: CAMA application by Mark and Glen Lewis
Dear Mr. Herstine,
As new property owners with 175' of frontage on the intercoastal
waterway, and being just two lots north of the property on which
an application has been submitted for a permit to put four 60'
docks and travel lifts at Sloops point, we urge you to deny this
permit on the following grounds.
1. Our property has a lovely sandy beach which could
be destroyed by the addition of the traffic which
would insue as the result of a marina. Fishing,
clamming and swimming in this area would surely be
effected.
2. The waterway stands to become more poluted by
diesel fuel and debrie. The debrie that we
have been cleaning from our beach consists of
large pieces of timber with nails that we be-
lieve comes from our neighbors present boat
building business.
3. A sand bar has already been created next to our
neighbors dock which appears to be the result
of one of the six or seven boats being anchored
in the channel next to the dock and left running
for between two or three hours by someone at the
Lewis' residence.
4. It is our hope that the permit be denied. How-
ever, if it is to be considered, we implore you
to consider it only on the approximately 400, of
shoreline where the Lewis's have their home, in-
stead of next to our residence where they already
have a boat building business. The debrie from
their present boat building business is enough.
Respectfully,
�i19. V >Ji,r4
Jphn and Velva Vine
VCV/lh
copy; file

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T- Everett
William W. Cobey, Jr., Secretary Wilmington Regional Office Director
7225 Wrightsville Avenue
Wilmington, NC 28403
[phone]
March 21, 1989
Mr. Mark Lewis
199 Lewis Road
Hampstead, N.C. 28443
Dear Mr. Lewis:
The Division of Coastal Management hereby acknowledges receipt of your
application for state approval to replace your bulkhead, add four docks and
dredge the area that has shoaled to -31 mlw. It was received on 3/10/89, and
appears to be adequate for processing at this time. The projected deadline for
making a decision is 5/24/89. An additional 75-day review period may be necessary
and if so, you will be advised of the extension and the new deadline.
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 site of your proposed project. You
should post this card 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.
Please contact me if you have any questions and notify me in writing if you
wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerel ,
Tere B�rr tt
Field Representative
TB:nbb
cc: Jim Herstine, DCM
Tommy Garris. LPO
Hugh Heine, COA Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Oppomtnity Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Mark Lewis
2. Location of project site 1564 Lewis Road, in the Sloop Point Community of
Pender Countv adiacent to Topsail Sound. New Photo 22-47. Grid #K-6
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 3/1/89
(B) Was applicant present yes
5. Processing procedure: Application received 3/10/89 Office Wilmington
6. Site description: (A) Local Land Use Plan Fender County
Land Classification from LUP Rural residential
Development constraints identified in LUP Low
(B)
AEC(s) involved:
Ocean Hazard
Estuarine Shoreline
Coastal Wetlands
Public Trust Waters X
Estuarine Waters X
Other
(C)
Water dependent:
Yes X No
Other
(D)
Intended use:
Public Private Commercial X
(E)
Type of waste water
treatment: Existing
N/A
Planned
(F) Type of structures: Existing House and monorail, bulkhead
Planned Piers
(G) Estimated annual rate of erosion Source
7. Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
(B) Non -vegetated wetlands:
(C) Other: Shaded
Open Water 16,700 s.f. (1855 cu. yd.) 1440 s.f.
High ground 100 s.f. (11 cu. yd.)
(D) Total Area Disturbed: 18,240 s.f.
8. Project Summary The applicant proposes to upgrade his existing boatyard by
replacing the bulkhead, adding 4 docks, and dredging to -6' mlw the area that
has shoaled in to -3' mlw.

Mark Lewis
Page two
9. PROJECT DESCRIPTION
The project is located on Lewis Road (SR 1564) adjacent to Topsail Sound in the
Sloop Point Community of Pender County. This part of Topsail Sound is just
south of the mouth of Virginia Creek. This point of land extends into the
waterway, leaving it vulnerable to the wave action of the AIWW. There is an
area of remnant Spartina alternaflora, but due to the wave intensity there is
no new growth. The bottom is sandy.
The site is currently and historically used as a boat building and repair
business, with some fishing as well. The tract is 1 acre in size. The
property adjacent to the project site on the south has also historically been
occupied by boat building and repair, as well as fishing. The property to the
north is residential. The owner currently lives on the site, but plans on
moving his house in order to have more room for boat maintenance.
The area is typically highground, about 4' above the mhw level. On the north
side of the property lies a manmade boat basin, 270' long and 80' wide. This
area houses 3-4 fishing boats. The property is bulkheaded around the AIWW and
the canal. There is a monorail existing on the high ground portion of the lot.
The waterway is approximately 1000' wide at this point. It is open to
shellfishing by the Division of Marine Fisheries, and is not a designated
primary nursery area. The water is classified SA by the Division of
Environmental Mahagement. The applicant has recently obtained the shellfish
lease for the bottom adjacent to the property. He plans to seed shellfish beds
here. The Pender County Land Use plan lists this area as rural residential,
restricted to low intensity uses.
The project consists of the construction of 4 piers, 60' long by 6' wide. The
middle two will be used as a travel lift to lift boats to repair on the high
ground. The outer two will be used for docking of boats that can be repaired
in the water, or for boats waiting for out of water repairs.
There are to be two mooring pilings placed between the 3rd and 4th piers. The
length of the piers is consistent with the 1/3 rule, and maintains more than
300' from the near edge of the federally maintained channel.
The applicant plans to replace the portion of the bulkhead adjacent to the
AIWW. This 135' section will be replaced in the same location, using cement
sheeting.

Mark Lewis
Page three
The applicant's boat basin has shoaled into an average of -3' mlw. He plans to
dredge this to -6' mlw. In addition, he plans to dredge the area waterward of
the bulkhead adjacent to the AIWW. This is the area in which he proposes 4
docks. This area averages anywhere from .5 mhw to -4' mlw. He plans to
dredge only to the end of his piers (60 ft.). At this point, the water is
approximately -6' mlw, dropping to -8' mlw, and to the AIWW. This area has not
been previously dredged, but is adjacent to the waterway on one side, and the
man made channel on the other. The bottom is sandy, with no apparent shellfish
resources. There are some remnant Spartina alternaflora stems, but no evidence
of new or recent growth. This area is subject to significant wave action.
The dredging project between the piers, in addition to that in the boat basin,
adds up to a total of approximately 1866 cubic yards. This is for 60' in
width, 100' long adjacent to the AIWW, and 40' wide by 270' long in the basin.
Both are to be dredged to -6' mlw. The dredging is to be done by dragline.
The spoil will be placed on high ground farmland behind the applicant's
property and in the applicant's yard. This property is also owned by the
applicant's family. The disposal area is approximately 1000' x 500'. The
spoil will be spread over the land to dry, and will then be graded to fill in
holes and low areas in the applicant's road and driveway.
10. POTENTIAL IMPACTS
The piers will shade approximately 1440 s.f.
impact a total area of 16,800 s.f. 100 s.f.
160 s.f. of this contains some remains of
The remainder is open water with a sandy
dredged is 1866 cubic yards. The bulkhead
resources as it is to be aligned in place
increase in the amount of business done by
with the upgraded facilities.
of open water. The dredging will
of this is sand above mhw. About
old growth Spartina alternaflora.
bottom. The total amount to be
will incorporate no new coastal
of the existing bulkhead. Some
the applicant can be anticipated

0
Re: Approval for State Permit - Mark Lewis
No objections to the project as proposed subject to the following conditions:
1. In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Office of Coastal Management.
2. The bulkhead will be aligned in place of the existing bulkhead.
3. All back fill material will be obtained from a highground source and
confined behind the permitted bulkhead.
4. No excavated or fill material will be placed at any time in any marsh or
surrounding waters; outside of the alignment of the fill area indicated on
the plat.
5. The spoil area will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project
completion.
6. No double handling of material is allowed when excavating within a
dragline.

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
` I APPLICANT
a. Name 114 t2 i' }Y L' iy ' .l
City' sir State
zip `° ' Day phonef'?
Landowner or Authorized agent
b. Project name (if any)'r ."
c. If the applicant is not the landowner, also give
the ,pwner's name and address.
Pd
iVt i I C • !("1 i
2 LOCATION OF.PROPOSED;
PROJECT
o" .
a. Street address or secondary road p_umber
E v
b. City, town,
wn, community, or landmark
c. County
d. Is proposed work within city limits or planning
jurisdiction? Ale
e. Name of body 1 0water nearest project
To
3 DESCRIPTION AND PLANNED
USE OF' PROPOSED `PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead
- t
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
c. Will the project be for community, private, or
commercial use?
d. Describe the planned use of the project.
4'' LAND AND WATER,
CHARACTERISTICS
a. Size of entire tract % i -
b. Size of individual lot(s) Ga C r
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
C.
Vegetation on tract r
Man-made features pow on tract ) "
What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
How is the tract zoned by local, government?
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? ,T ,?
If so, by whom?
5,UPLAND DEVELOPMENT `
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
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 projects$ rW a e than
5` one acre of lane p
Resources mustlt i 7fe an erosion Rsedimen-
tation control at least 30 Wbefore land
disturbing activi `P" l�eg� It'appficable t_%P
sedimentation and erosion cot)Sr,l�ir en
submitted to the DimVri;(W66h r eWirces?
f. Give the percenta618'1the tract. within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.

g.
List the materials, such as marl, paver stone,
b.
Amount of material to be excavated from
asphalt, or concrete, to be used for paved
below water level in cubic yards-_'.vi (b—_ :
surfaces.
c.
Type of material � .� / F
d.
Does the area to be excavated include marsh-
h.
If applicable, has a stormwater management
land, swamps, or other wetlands? /1/
plan been submitted to the Division of En-
e.
High ground excavation, in cubic yards
vironmental Management?
f.
Dimensions of spoil disposal area
i.
Describe proposed sewage disposal and/or waste
g.
Location of spoil disposal area
water treatment facilities.
v, ;..
h.
Do you claim title to the disposal area? _ `.J
j.
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?�
If so, where?
j.
Does the disposal area include any marshland,
1.
Describe location and type of discharges to
swamplland,'or water areas?
waters of the state (for examplesurface runoff,
k.
Will the fill matefial be placed below mean
sanitary wastewater, industrial/commercial
high water? )/
effluent, or "wash down").
1.
Amount of fill in cubic yards
in.
Type of fill material S 11 " 4
n.
Source of fill material
in.
Water supply source
o.
Will fill material be placed on marsh or other
n.
If the project is oceanfront development,
wetlands? ,/VO
describe the steps that will be taken to main-
p.
Dimensions of the wetland to be filled .- ! A.
tain established public beach accessways or pro-
q.
How will excavated or fill material be kept on
vide new access.
site and erosion controlled?
o.
If the project is on the oceanfront, what will
r.
What type of construction equipment will be
be the elevation above mean sea level of the
used (for example, dragline, backhoe, or
first habitable floor?
hydraulic dredge)? 4
6 EXCAt?ATION EiN� FILL z'�
AN FORIv1ATION`'x 9
s.
Will wetlands be crossed in transporting equip -
T
,
ment to the project site?_' ' If yes, explain
the steps that will be taken to lessen en -
a.
Describe below the purpose of proposed excava-
vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
MW
mm
son
No
mom
t 7 SIOREL'INE STABILIZATION; .
a. Length of bulkhead or riprap�
b. Average distance waterwW of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material (r i
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material

8 °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 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 S 1/2 x 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
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).
Nan-_.
A�T� l f t S
ddress, � v 1 `-d'
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 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 statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
r 9 CERTIFICATION AND PERMIS-
SIGN f TQ ENTV bN IAND'';
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I 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� }}� the e day of
,z
XJ�AhA �
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Enn'es.pSee
themap on the insid apropriate
DCM office number.
1*8
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