41-97 Toplin, Robert

Permit Class Permit Number
NEW 41-97
STATE OF NORTH-CAROLINA
Department of Environment,1iealtli,& Natural Resources
X Major Devi
pursuant to
Excavation and/or
�2u,trn
Concern
to to NCGS 113-229
authorizing development in New Hanover County at Myrtle Grove Sound at 1839 Newkirk Road
, as requested in the permittee's application dated 11/19/96 including attached workplan
drawings, 1 dated revised by DCM 3/27/97 and three dated 11/15/96
This permit, issued on 3 — 2'7 — 9 rl , 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.
Docking Facility_
1) The pier shall not exceed a maximum of 471 feet waterward of the mean high water mark.
2) The portions of the pier which cross coastal wetlands shall be elevated a minimum of 48" over the
marsh substrate.
3) The pier and associated structures shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property lines as extended perpendicular to the channel into
the water at the points where they intersect the shoreline.
attached sheet
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, 2000
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.
Roger N. Scliecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemtittee

Robert Toplin
ADDITIONAL CONDITIONS
Permit #41-97
Page 2 of 2
4) 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 structure,
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.
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of
this permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
6) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
7) 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 permitted activity without having it transferred to a third party.
NOTE: The permittee is advised that any proposal to add more boat slips anywhere on the
property will be subject to review under the Division's marina regulations.
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during hours of darkness or inclement weather.
General
8) No vegetated wetlands or open water areas may be excavated or filled.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide
Permit No. 3 (COE Action Id. No. 199704424), which was issued on 2/26/97.

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. PROCESSING PROCEDURE: Application Received - cc: 1/29/97
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]
DREDGED FILLED INCORP
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other
Open Water
525 sf
(D) Total Area Disturbed: 525 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
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.

Robert B. Toplin
Page 2
9. PROJECT DESCRIPTION Z 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, #i16-90, 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 loth 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

Recommendations for State Permit - Robert B. Toplin
I recommend the project be authorized contingent on the following conditions:
1) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
DOCKING FACILITY.. Any sewage discharge at the DOCKING FACILITY shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
2) 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.
3) The PIER and associated structures shall have a minimum setback distance of 15' between any parts
of the structure and the adjacent property lines as extended perpendicular to the channel into the water
at the points where they intersect the shoreline. '
4) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
5) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.

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
_ D
JAN 2 9 1997
DIVISION OF
COASTAL MANAGEMENT

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.
RLIE,
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
Wilmington
1. APPLICANT
-
_,
c. Street address or secondary road number
a. Landowner:
_1639 Newkirk Road
Name Robert Toplin
d. Is proposed. work within city limits or planning
jurisdiction? Yes No
Address 1839 Newkirk
,Road
e. Name of body of water nearest projc--t (e.g. river,
City Wilmington
State NC26409 creek, sound, bay) ntra-coastal waterway
Zip 28409 Day
Phone [phone]
910-962-7011
3 3. DESCRIPTION AND PLANNED USE
Fax
OF PROPOSED PROJECT
b. Authorized Agent:
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. '
Address i up Tr i l a ni or anti hnat docks
previously build
Citv oat docks
-Jmn 1997
Zip Day Phone DIVISION OF proposed activity maintenance of an existing
GEONT the prop° g
project, new work, or both?Extant; nn of
Fax existing project
c. Will the project be for public, private or commercial
c. Project name Cif any) Timberbrook use? nrivata
NOT: Perrmr *Q be inued in eamr of lordowner(s), and/or
Project game.
2. LOCATION OF PROPOSED
PROJECT
a. Countv New Hanover
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.Fnr use by Timberbrook
heme e13-3at -Waar
Revised 03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract -7 5 "'`�—
b. Size of individual lot(s)
c. Approximate eleva 'on of tract above MHW or
NWL
d. Soil type() and texture(s) of tract
00.w�
e. Vegetation on tray 1 a�R n �,r$" qrAvf
f. Man-made fe7res now titract FM 0 25 �'om
nr?g(n�2 iGr- cnQ , cc JS
m. Dcrite existing wastewater treatment facilities.
Tp Ir
n. Describe location and type of discharges to waters
of the state. (For example, surfaEe runoff, sanitary
wastewater, industrial/commercial effluent, 'wash
down' and residential discharges.)
Syf4Lcc Nn&+*C
o. Describe existing drinking water supply source.
we.l i
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the to �1In n to the completed application form, the
ems must be submitted:
Conservation Tr 7JAN
Developed Co • f the deed (with state application only) or
Rural Other 2 9 19ter inst ument under which the applicant claims title
DIVISIOty OFto the affected properties. If the applicant is not
h. Ho i the tract zoned by local goverri ett�'STAL MAIJAGIst t MJ to be the owner of said property, then
S forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
L Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? x Yes No
(Armch zoning wnp iance eerrifi=e, if applimble)
j•
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
Yes _) No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _ x No
Are there wetlands on the site? ` Yes —No
Coastal (marsh) v Other
If yes, has a delineation been conducted? AL#--.-Je—
(Armchdocunvnmrion,ifamilabie) Csae Jm— J
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2' by 11' white paper. (Refer to
Coastal Resources Commission Rule 7I.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 personnel unfamiliar with the area to the
Revised 03195

Form DCM-MP4
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) _ Commercial Community _ Private
other sections of the Joint Application, which relate to (2) Number
this proposed project. (3) Description of buoy '
(Collor, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial Community _ Private
(2) Number /I2
(3) Length (4) Width of'water body
(4) Width (5) Distance buoy(s) to be placed beyond
(5) Finger Piers _ Yes ✓ No shoreline
(i) Number
(ii) Length f. Mooring structure (boat]ift, mooring pilings, etc,)_
(iii) Width (1) _ Commercial ✓Community _ Private
(6) Platform(s) ✓ Yes _ No (2) Number N e,,
(i) Number d rtC (3) Length 30
(ii) Length ! 6 (4) Width 8"
(iii) Width /(o
(7) Number of slips proposed %Ct g.. Other (Give complete description)
(S) Proximity of structure to adj cent riparian ,
c u'T
property ]fines ZZ CNcr4 X.4 3c'
(9) Width of water body / CZ30
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private f- `Tv6ird
RaI4-
(2) Length '
(3) Width Applicant or Project Name
c. Groin (e.g. wood, sheetpile, etc.) Signature
(1) Number
(2) Length(s)
Date
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands D
(3) Maximum distance beyond MHW, NWL or
wetlands JAN 2 9 1997
DIVISION OF
COASTAL MANAGEMENT
Revised 03/95

ig3-7
i839 b 1,,.S,5b^ Ncz9Yo4
17cY IjC
zjqol
�pc 28ys9
/6 F , 5-v
1L
i lt4 tq �
ScA-L—C-1
f o �Idor
ltP�vc.,..5�,-, Ir 14a6
rol��IVIEID
JAN 2 9 1997
DIVISION OF
COASTAL MANAGEMENT

(Z, b 4 r- Tu PCr e
r
Pre -Fran "X
B
v D
nwri cC.Se(y �4�.�eJ7
oc- -
�i
SCE � n =2G•�
�(091vT13
JAN 2 9 1997
DIVISION OF
COASTAL MANAGEMENT
Docko 6XISlp
j+Lk/ w
M�

n
O
D
Vo
C— z
z�
Z en
mmn
m
v"tS,N�Ir,
32)b `bZ
/y�ld o-L
n

r-Z-4SU�
l.�rlw MS4a� N cY�`%
Segon Csl�
u-
z
�1
w
v;ew, rn
LLLU
0
�I m
z
CQ
Q
Q
_O
c�
s
U h
0
O
U
/b 09 LVA i er' t S-1 1 `11,
11�11•I�1�1>•li•Ili•I�II•i�i�i�l�l�l�i�l�ll�l�l�i
,,....,,�
s.�...

9�b� si -J�9�non/
, OZ 7—
><
1-2d0,�-

�r �i6�r. ND ��
3 8IN
Mmvr cr,
,NT AN�VER �tc� cr n c
ERNA7-jejAL'moo ro
r'
' - e
E YI
d a
_ T _
�, mmr roar n k M d
� R111111SNr R h M
V � ,
Orlp.�
_ ��E qK'h q N� M 'bM�gC N .:III •cc.'L' asi'
Oro A - B oo+aaEN.
LD IE\.� a mOOio.s.,.xNP
pG DJD
o.wrsr ....
4 'c1
s'
1p ecxivx �E4.� p : euma`im�
BUEN. v6TLN
[N .Y • � � �� h B LL,LTmv P�
Ob E
q*o _ 3
2° E BURNE.Y
Fn Yvw,r L MAP.Q�- v�Bu"nvin+mtmr°
o Nw I� raavar�at �;iLLc r d ze yff !IE Y•+ - eunuEBURNPYwmi:ae'
rN V"So®ASK rAmk 4R [ 3Q p SUURT n mR e '
rR <` SU11 NPMN'TE F Q• TkMm
.'mr p`r aCl ,yq H JDA rw. tnrt tr Iccrrw.w._-
hCID
worn [)Ey! R0 qp A i u0U.,.[EI
"13 O _ -L#'EC C `V Rm IuLE GI
GtNmu.lLn
uuEPiR
BEPir p.
uNEFu.m
.. _.AJ 129 CEFIrtAA ,� 11� q GNFPdR
_ �' rW BA-TLE FAr-K u..wNCNrR:
Yr.�c.ywFusx
A:]= 1 -'++L[ M1lrLL 4MID1 Noa
N. T GN.BEIYS q d ryC ,llBt P _,-f uy �
\\ i BIBb--�_�_cc -AP-
Y YEL R: VL' A Everett A uNuw
y[}E/Im 60_ =JRS. • RfSS ' L.NBFOvufCB
Cre k LI—ryJn II GNrERwwm
US 2J GNrn,u,m
1. �pD src o11 AR u.i i[.:o" JAN 1997 luR....
MICE. r fci ISI )N OF
CO AL ANAGEMENT iCAot«AEG.
ri_ qR,r GPouN.euu
E7 2N LRUEdeCr
r V M1 -
_ Po.Ors cn¢ Re JY� \/E a-'�:- ST HA=.F:". CAPS
'—MIC'
" ...•>,J '� P�-/pi[IM lu .1.:rE IumaLrRm
l i .l. V61FN6 GRPRPII GFE:N °a
G4°viT'Lf
G O p i4 21`. u C C.R..nR.ER..
fcy
u
?F,`• �` Q9 ,—t YER N61 IBf W �Gss EAv
vvR .
CRc K q (/ �ns:ui a`.
G 7 6.nRO [�E a \� p c.siiiN"".:�"Ni.:
a v CAn. N.TY L..
GSILENY.ER.
C' ,. RLmmv � Li usni «E�,i
Q' EOQAIryM W rdxr _ MIILFILFISI.EPL.
iC.S
:L.SILE 51
j{AypCy Rp GSILFN°'
ESm,Cr Flr O CAM'01,
ICLC yLF{(y yµr( �/ aT �eem.P
` ' CFB.P �UPmwli�
x :crm.. NRlra w
ii � �e � DILr II(�S A RA]1.Rm%ai U U� GI U.P tI
r
Q ci NIFM
RGKm c�NIrN"
M RLYIL/( l LFN .PrRr `r
tiiz `Carolina Bench In