HomeMy WebLinkAbout9-14 Mitchell, RichardI>
Permit Class Permit Number
NEW 9-14
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission COPY
Vermit
for gECt weu
X Major Development in an Area of Environmental Cone
pursuant to NCGS 113A-118 ne Q 4 2014
Excavation and/or filling pursuant to NCGS 113-229 1DCM-WDCTM `"
Issued to Richard L. Mitchell,1761 Kings Landing Road, Hampstead, NC 28443
Authorizing development in Pender County at adi. to the AIWW at 1761 Kings Landing
Road Hampstead as requested in the permittee's application dated 10/30/13 including the
attached workplan drawings (2). both dated 10/30/13 and the letter dated 1/13/14
This permit, issued on 7anu= 22. 2014 , 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 terns may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the expansion of the existing docking
facility 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, shall become a
permanent part of this docking facility without permit modification. No non -water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
2) In accordance with commitments made by the permittee in the attached letter dated 1/13/14, the
proposed skiff lift shall be located 10' waterward of the proposed location in the attached workplan
drawings.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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 Division approval
All work must cease when the permit expires on
December 31, 2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Aza L
Signature of Pennittee
Richard L. Mitchell
Permit # 9-14
Page 2 of 3
!I
ADDITIONAL CONDITIONS
3) o� pt shall be made by the permittee to prevent the full and free use by the public of all navigable
t or adjacent to the authorized work
4) The permittee shall 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.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) This permit authorizes two additional boat slips for a maximum of four formalized boat slips.
General
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
9) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
11) The permittee and/or contractor shall meet with a representative of the Division prior to project
initiation.
Richard L. Mitchell Permit # 9-14
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
SAW- SAW-2013-02335.
RECEIVED
FEB 0 4 2014
` DCM•NIHI� CCiY
L
Qrill;rn
NCDENR
North Carolina Department of Environment and Natural Fesamt4p
Division of Water Resources
Pat McCrory
Governor
Rick►aeri #Aiicheµ :.
1761 Kings Landing Rd.
Hampstead, NC 28443
Water Quality Programs
Thomas A. Reeder
Director
January 17, 2014
Subject Property: 1761 Kings Landing Rd., Hampstead
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Mitchell:
1A1 210'Skvarla, III
Secretary
DCM-MRDCITY
Fender County
DWQ Project #: 2013 1234
You have our approval, in accordance with the attached conditions; to construct two additional
boat lift at your existing docking facility, as described in your CAMA application dated
November 22, 2013, received by the Division of Water Resources (DWR) on November 25, 2013
and subsequent information on January 16, 2014. After reviewing your application, we have
decided these impacts are below the threshold for written authorization as long as the
conditions of the General Water Quality Certification Number 3883 (GC3883) are met. This
Certification allows you to use the Regional General Permit # 198700056 when issued by the US
Army Corps of Engineers and your permit when issued by the Division of Coastal Management.
This approval is only valid for the purpose and design that is described in your application. If
the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. 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). This approval shall expire when the
corresponding General Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Nilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
'hone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877623-6748
Wernet w .ncwaterquality.org
1n Equal Opportunity 1 Affinnabve Action Employer
Richard Mitchell
A
DWR Project # 20131234
January 17, 2014
Page 2 of 3
Conditions of Certification:
1) This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General Certification and is
responsible for complying with all conditions.
2) SAVs
Please note that the area surrounding the docking facility contains submerged aquatic
vegetation (SAVs). No impacts to SAVs are authorized by this certification in the
project area.
2) Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by
this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
JI Richard Mitchell
DWR Project # 20131234
January 17, 2014
Page 3 of 3
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road RKEIVED
Raleigh, NC 27609-6285
JAN 2 2 2014
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel ACMT".IDCITY
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act
described in 15A NCAC 0500. Please contact me at 910.796.7306 or via e-mail at
Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns.
Enclosures
GC 3883
Certification of Completion
roanne Steenhuis
Senior Environmental Specialist
cc: Mark Clements — Clements Marine — electronic copy
Jennifer Burdette - DWQ401 Oversight Unit
Jason Dail — DCM Wilmington
Ronnie Smith - Corps of Engineers Wilmington
Jonathan Howell - DCM Morehead City
WiRO
North Carolina
Division
Tracy E. Davis, PE, CPM
Director
January 15, 2014
NCDENR
Department of Environment and Natural Resources
of Energy, Mineral, and Land Resources
Richardt, Mitchel ,'
1761 Kings Landing Road
Hampstead, NC 28443
Subject: EXEMPTION
Stormwater Project No. SW8131110
Mitchell Docking Facility Project
Ponder County
Dear Mr. Mitchell:
Pat McCrory, Governor
John E. Skvarla, III, Secretary
RECEIVED
JAN 21 2014
DCM-MHDCrrY
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the
CAMA Major Permit Application for the subject project on November 25, 2013. Staff review of the plans and
specifications has determined that the development activities proposed at this time 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, the stormwater rules. By copy of this letter, we are
informing you that this project will not require a stormwater management permit,
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910)
796-7215, or e-mail her at linda.leWs@nodenr.gov.
Sincerely, �\
Tracy E. avis, P.E., CPM
Division of Energy, Mineral, and Land Resources
GDSlarl: G:IWQIShared1StormwaterlPermits & Projects120131131110 Exemption12014 01 permit 131110
cc: Mark Clements; Clements Marine Construction, Inc.
Pander County Planning Department
Jason Dail/Shaun Simpson
Doug Huggett, DCM
Wilmington Regional Office Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-72151 Fax: (910) 350-2004
Clements Marine Construction Inc,
112 Circle Dr.
Hampstead NC 28443
clementsmarineco@bellsouth.net
910-270-9110 office 910-620-9505 cell
Richard Mitchell Jan, 13, 2014
1761 Kings landing Road
Hampstead, NC 28443
Att: Division of Coastal Management.
Dear Division of Coastal Management
We would like to revise our permit application for the proposed skiff lift to be moved
down the dock, towards the east 10'. This will allow us to have improved water depth at
this location. Thanks you for your time in this matter.
DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner informadon
Business Name
Project Name (if applicable)
Last Name
Applicant is First Name
MI
Richard
L.
Mitchell
Applicant 2: First Name
MI
Last Name
It additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
Cily
State
1761 Kings Landing Rd
Hampstead
nc
ZIP
Country
Phone No.
FAX No.
28443
pander
910-512-1206 ext
Street Address (if different from above)
City
State
ZIP
Hampstead
NC
28443-
Email
newriverpottery@ec.rr.com
2. Agent/Contractor Informadon
Business Name
Clements Marine Construction Inc,.
Agent/ Contractor 1: First Name
MI
Last Name
Mark
H
Clements
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
112 Circle Drive
Hampstead
NC
ZIP
Phone No. 1
o2
28443
910-620-9110
ext
JgtO70-9110
ext
FAX No.
Cadradar 1r
same
Street Address (d dillerenl from above)
City
State
ZIP
Email RECUM
clementsmarineco@bellsor het
EC E I V EC)
DEC 0 2 2013 DCM WILMiNU I vl�, -
t 7� tmr�tTy<Form continues on back> N�� 1 2 9Qj3
252.808.2 Oa-0MiT'AP& 9-4RCOAST :: www. nccoasta lma nagement. net
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pender
1761 Kings Landing Rd
US HWY 17
Subdivision Name
State
Zip
Kingslanding
rHampstead
NC
28443 -
Phone No.
Lot No. Is) (if many, attach additional page with list)
910 - 512 -1206 ext.
1, ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
0—Ape-
AicW
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade ❑Unknown
AICW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Hampstead
4. Site Description
a.
Total length of shoreline on the tract (ft)
b. Size of entire tract (sq.ft.)
115'
27025 sq.ft.
c.
Sae of individual lot(s)
d. Approximate elevation of tract above NHW (normal high wafer) or
116x235',
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
16 ®NHW or ❑NWL
e.
Vegetation on tract
lawn grass some oak trees
f.
Man-made features and uses now on tract
private home and pier
g.
Identify and describe the existing land uses adjacent to the proposed project site.
private residential homes
h.
How does local government zone the tract-?
I. Is the proposed project consistent with the applicable zoning?
r-20
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j.
Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No []NA
If yes, by whom?
I.
Is the proposed project looted in a National Registered Historic District or does it involve a []Yes ®No ❑NA
National Register listed r el ?
T�"
DEC 0 2 2013 `Form continues on next page> RECEIVED
I DCM WILMINGTON, NC
„ry.myr my Nov 1 2 2013
252-808-2808 .. 1-888.4R�oAST .. w:.w.nccoastalmanagement.net
Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ®No
(ii) Are there coastal wetlands on the site? 19Yes []No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
septic
o. Describe existing drinking water supply source.
well and or county
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Govemment
®Pmeate/Cornmunity,
b. Give a brief description of purpose, use, and daily operations of the project when complete.
adding a new boat lift to existing dock for owners new boat.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
We will install 4 pilings on the side of the end deck with a pile setting barge and install the new boatlift. no equipment will be
stored, this procees will only take a day to install.
d. List all development activities you propose.
install a new boatlift
e. Are the proposed activities maintenance of an existing project, new work, or both?
new
f. What is the approximate total disturbed land area resulting from the proposed project?
OSq.R or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use oft
h. Describe location and type of existing and proposed discharges to waters of the state.
surface runoff
I. Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes []No ❑NA
j. Is there any mitigation proposed?
[]Yes []No ❑NA
If yes, attach a mitga: _ prc*AAUVE1)
P"1 C t_+ C n v v
DEC U 2 2013 <Form continues on back> DCM WILMINGTON, NC
NOV 1 2 2013
ri wrm rmrcr
252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application onty) or other instrument under which the applicant claim title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Name Charles White Phone No.
Address po box 416 burgaw nc 28425
Name Durwood Bradshaw Phone No.
Address 1777 kingslanding rd Hampstead NC 28443
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, 'd necessary.
j. A signed AEC hazard notice for projects in oceanhont and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the projed involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only th
The project will be subject to the conditions and restrictions contained in the permit.
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.
Date 10/30/2013 Print Name Mark Clements
Signature
Please indicate application 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
RECEWM
RECEIVED
DEC 0 2 2013 DCM WILMINGTON, NC
Nov 1 2 2013
252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net
Form DCM MP-4
STRUCTURES
(Construction within Public Taut 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 that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PubliclGovemmenl ®Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number
(III) Length
(iv) Width _
(v) Floating ❑Yes ®No
e. (i) Are Platforms included? []Yes ®No
If yes:
(if) Number
(III) Length
(iv) Width
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from dripfine dimensions.
g. (i) Number of slips proposed
4
(ii) Number of slips existing
2
i. Check the proposed type of siting:
❑ Land cut and access channel
®Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 25'
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
RECEIVED
❑This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
d. (i) Are Finger Piers included? []Yes ®No
If yes:
(ii) Number
(III) Length
(iv) Width
(v) Floating ❑Yes [--]No
f. (i) Are Boatlifts included? ®Yes ❑No
If yes:
III) Number 2
(iii) Length 13
IN) Width 13
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips: _
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed
I. (i) Will the facility be open to the general public?
[]Yes ®No
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
NOV 1 2 2013
w C�✓11vuD UT 1
252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net
revised: 12/27/06
Form DCrM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of'Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of.?
h Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area? DEC 0 2 2013
❑Yes []No
RECEIVED
DCM WILMINGTON, NC
NOV 1 2 2013
DCM-MHD CITY
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106
Form DCfM MP-4 (structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed manna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered tilts) 0This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PublicrGovemment ❑Private/Community
(ii) Number _
(III) Length _
(iv) Width _
Note: Roofed areas are calculated from dnpline dimensions.
4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 0This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS 0This section not applicable
a. Is the structure(s):
❑Commercial ❑PubliclGovemment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
VP RECEIVED
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
Nov 1 2 2013
252-808-2.6ou.: r-sas--riu-)AST:: www.nccoastalmananement.nerevised: 12/27106
Farm DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
45' on south side and 30' on north
Note: For bray or mooring piling, use am of swing including length
of vessel.
c. Width of water body
526'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ONo ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
60' south and 45' north
d. Water depth at waterward end of structure at NLW or NWL
5' at nlw
8. OTHER This section not applicable
a. Give complete description:
we wish to install a new boat lift and a single pole skiff lift to the existing dock that currently has two slips.
10/30/2013
Date
Richard Mitchell
Project Name
mark clements
Appl=
Appli6ant Signature
t' EC IVED
RECOWD DCM UVILMINGTON, NC
DEC 0 2 2013 NOV 1 2 2013
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06
bure5 15'
1,Dh i�e,
RECEIVED
DEC 0 2 2013
Du_r1Dood
j3r-lha \ �
R EG E-VVED
DCM WILMINGTON, NC
NOV 1 2 2013
DCv:•'VFDCITY
&/e') �
Ft
ffi3jpi ii
r r
� �J.%ov
✓uJ
RECEIVED RECEIVED
DEC 0 2 2013 DCM WILMINGTON, NC
Nov 1 2 2013
DC 14-YHD CITY
PWAA
N® NR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management 1.
Pat McCrory
Governor
Richard L. Mitchell
1761 Kings Landing Rd.
Hampstead, N.C. 28443
Dear Sir or Madam:
Braxton C. Davis
Director
January 22, 2014
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below. .:,,
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permittorm. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
�.;4 V. ,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affinnatve Action Employer �'
a
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A
1)r APPLICANT: Richard L Mitchell COUNTY: Pender
PROJECT NAME: Mitchell Docking Facility Expansion
LOCATION OF PROJECT: 1761 Kings Landing Rd., adjacent to Topsail Sound and the AIWW, in Hampstead
DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-12-13
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Dail
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE RECD: 11-27-13
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED T :
C) 75 DAY DEADLINE:
MAIL OUT DATE:11-22-13
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE RECD: $250.00
END OF NOTICE DATE: 12-18-13
DEED REC : YFS
ON: W1 ML">
150 DAY DEADLINE:
STATE DUE DATE: 12-18-13
FED COMMENTS RECD:
WMI
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section (DEMLR)
Division of Water Resources (401)
Storm Water Management (DEMLR)
/
State Property Office
a
Division of Archives & History
Division of Environmental Health
2 —
Division of Highways
✓
Wildlife Resources Commission
Local Permit Office
— L
Division of Marine Fisheries / DCM
Corps of Engineers
...........; �:: r
Project Name R� Gi/ cllj
i
Assigned to Ud n
iz
Assigned on
ACTIONS
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator
Date reviewed by other Assistant Major Permits Coordinator
Prepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
Other
Written approval from DWQ h9 required for this project.
i
MEMORANDUM
To: Daniel Govoni
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination — Richard Mitchell - Hampstead, — Pender
County .
Date: January 10, 2014
Consistency Determination:
This project appears to be consistent with the 2006 Pender` County Land Use Plan Update.
The applicant proposes to expand the previously approved docking facility by installing
two additional boatlifts. The property is located at 1761 Kings Landing Road, adjacent to
Topsail Sound and the AIW W in Hampstead, Pender County.
I have reviewed this proposal for consistency with the 2006 Pender County CAMA Land
Use Plan and offer the following comments.
The general area of the project is classified as Conservation. Waters at the project site are
classified as SA-ORW and are open to the harvesting of shellfish. The area is not a
Primary Nursery Area. Areas of Environmental Concern (AFC's) are PT, and EW.
Pender County allows development in Conservation classified AECs, which is consistent
with the State's minimum use standards. The Pender County Land Use Plan contains
some policies, which exceed the State's minimum use standards. However, none of these
policies appear to be applicable to this project.
This project appears to be consistent with the 2006 Pender County Land Use Plan
Update
Cc: FILE
Govoni, Daniel
From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil]
Sent: Tuesday, January 21, 2014 10:00 AM
To: Govoni, Daniel
Cc: Steenhuis, Joanne; Dail, Jason
Subject: RE: test (UNCLASSIFIED)
Attachments: GP56.pdf.
Classification: UNCLASSIFIED
Caveats: NONE
The activity qualifies for GP 56 given that the skiff lift will be moved 10 feet to the east.
GP 56 conditions are attached. The Action ID for this project is SAW-2013-02335. Thanks.
-----original Message -----
From: Govoni, Daniel[mailto:daniel.govoni@ncdenr.gov]
Sent: Tuesday, January 21, 2014 9:52 AM
To: Smith, Ronnie D SAW
Subject: [EXTERNAL] FW: test
Daniel M. Govoni
Asst. Major Permits Coordinator
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
(252) 808-2808
(252) 247-3330 fax
daniel.eovonigncdenr.eov
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Dail, Jason
Sent: Tuesday, January 14, 2014 1:12 PM
To: Govoni, Daniel
Subject: FW: test
1
FYI, here's the letter indicating the skiff lift will be moved out 10' or so.
Thanks,
Jason
*Please note that e-mail correspondence to and from this address may be subject to the North
Carolina Public records Law and may be disclosed to third parties.*
From: mark clements [mailto:clementsmarineco@bellsouth.net]
Sent: Tuesday, January 14, 2014 1:10 PM
To: Dail, Jason
Subject: Re: test
From: "Dail, Jason" <jason.dail@ncdenr.gov>
To: mark clements <clementsmarineco@bellsouth.net>
Sent: Tuesday, January 14, 2014,12:59 PM
Subject: test
FYI
*Please note that e-mail correspondence to and from this address may be subject to the North
Carolina Public records Law and may be disclosed to third parties.*
Classification: UNCLASSIFIED
Caveats: NONE
2
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
hftp://www;saw.usace.army.miYV19TLANDS/index.html
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1.2011
Expiration Date: December 31, 2016
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary
of the Army by
District Commander
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403- 1343
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES,
GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with following standards in order to be authorized
by this RGP.
1. All piers, docks, boathouses and boat shelters will be pile -supported or floating
structures.
2. Mooring piles, dolphins, jetties and breakwater structures maybe constructed of
wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock
riprap.
3. Breakwater structures will be designed to provide for adequate water circulation
landward of the structures.
This RGP does not authorize excavation or the discharge of excavated or fill material within
Waters of the US, except for the placement of rip -rap material for groin construction. This RGP
does not authorize any work on Atlantic Ocean beaches.
The following definitions should be used for purposes of this regional general permit (RGP):
a. Mean high water mark (MHWMj_; The line on the shore, in tidal water, reached by the
plane of the mean (average) high water. The precise determination of the actual location of the
line can be established by survey with the reference to the available tidal datum, preferably
averaged over a period of 18.6 years. A less precise method, such as observation of the apparent
shoreline, which is determined by reference to physical markings, lines of vegetation, may be
used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non -tidal waters,
established by the fluctuations of water indicated by physical characteristics such as clear,
natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial
vegetation; the presence of litter and debris; or other appropriate means that consider the
characteristics of the surrounding areas.
Special Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the Commander's Policy on Setbacks Along Federally
Authorized Channels. You may review a copy of the policy at
http://www.saw.usace.arTny.mil/WETLANDS/library.html
b. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
c. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general
permit may be extended or be located up to 400 feet waterward of the mean high water
(MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWM) elevation
contour (non -tidal areas) or one-third (1/3) the width of a natural water body, whichever is closer
to the shoreline, except as otherwise governed by the presence of a Federally maintained
channel.
d. The width of any pier will not exceed six (6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to support a
water dependent use that cannot otherwise occur.
e. The total square footage of shaded impact for docks and mooring facilities (excluding the
pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square
feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the
total. The maximum size of any individual component of the docking facility authorized by this
General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a
greater width is necessary for safe use, to improve public access, or to support a water dependent
use that cannot otherwise occur.
f. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet.
Boatlifts will be open and will not exceed 400 square feet.
g. Boathouses, boatlifts, boat shelters and floating piers will not be constructed over
Federally jurisdictional wetlands.
h. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3
feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other
elements of the aquatic environment.
i. Piers, docks, boat houses, and boat shelters shall not be constructed in seagrasses and
other submerged aquatic vegetation.
j. Wooden jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas) or the OHWM elevation contours.
k. This general permit does not authorize the installation of fueling facilities on authorized
structures.
1. Riprap groins shall not exceed abase width of 10 feet or extend more than 25 feet
waterward of the mean high water or normal water level elevation contour.
in. Riprap groins must be constructed of clean rock or masonry material and be of sufficient
size to prevent displacement by wave or current action.
n. Riprap groins shall not be located within primary nursery areas, submerged aquatic
vegetation, or areas identified as essential fish habitat.
o. Floating structures will be supported by material that will not become waterlogged or
sink when punctured, will be installed to provide for fluctuations of water elevation, will be
designed so that the structure will not rest on the bottom at any time and will be secured in such
manner as to not break away.
p. Breakwater structures will be no longer than 500 feet. They will have a minimum of one -
inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot
wide opening for each 100 linear feet of structure.
q. Breakwater structures may not be constructed so as to prohibit access to estuarine waters
or public trust areas.
r. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
s. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
t. This general permit does not authorize habitable structures or any structure or associated
facility for nonwater-related use.
u. Structures and their attendant utilities, authorized by this general permit, located on lands
subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W), will be removed
at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of
Engineers (USACE) acting on behalf of the United States, the lands are needed at any time for
any purpose within the scope of the easement. Permanent buildings will not be constructed
within the easement.
v. This general permit does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
w. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the North
Carolina Division of Coastal Management before the onset of the proposed activity. Should a
Federal activity within any one of North Carolina's twenty coastal counties or which could affect
a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a
Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be
prepared and submitted by that Federal agency to the North Carolina Division of Coastal
Management before the onset of the proposed activity.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to this
general permit, no excavation, fill or mechanized land -clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This permit
does not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other federal,
state, or local authorizations.
4
c. All work authorized by this general permit must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or"similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the public's right
to free navigation on all navigable waters of the United States. 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 for a reason other than safety.
f The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States. No claim shall be
made against the United States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to inspect
the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
in. Authorization provided by this general permit may be modified, suspended or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
n. This general permit does not authorize any activity which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity which will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhp.org/PaL,es/heritagedata.htmI. or http://ne-es.fws.gov/es/es.htmi. Permittees
should notify the Corps if any listed species or designated critical habitat might be affected by
the proposed project and may not begin work until notified by the Corps that the requirements of
the Endangered Species Act have been satisfied and that the activity is authorized.
p. Penmittees are advised that development activities in or near a floodway may be subject to
the National Flood Insurance Program that prohibits any development, including fill, within a
0
floodway that results in any increase in base flood elevations. This general permit does not
authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325,
will be available.
t. Except as authorized by this general permit or any USACE approved modification to this
general permit, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will not be
used.
u. Except as authorized by this general permit or any USACE approved modification to this
general permit, all excavated material will be disposed of in approved upland disposal areas.
v. Activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit which were in
effect at the time the activity was completed continue to be authorized by the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
ferson cavage
Colonel, U.S. Army
District Engineer
Recommendations for State Permit — Richard Mitchell
The total area of the existing and proposed structures were calculated as follows:
Shoreline length =115 ft. x 8 sq. ft = 920 sq. ft. allowable.
Existine:
T-head = 13x13= 169 sq. ft
Floating dock = 6'x14' = 84 sq. ft
Proposed:
Proposed boatlift = 13' x 13' = 169 sq. ft.
Proposed skiff lift = 4' x 6' = 24 sq.ft.
Total = 253 sq. ft.
The applicant's proposal to install two boatlifts, resulting in a total four (4) slips, appears to be CONSISTENT with the
Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for
Estuarine Waters, and Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas.
It is staffs recommendation that the proposed docking facility is CONSISTENT with the Rules in 15 NCAC 7H.0208 (b)
(6) Use Standards for Docks and Piers.
Based on these factors, it is recommended that a permit be issued to install a second boatlift adjacent to the subject
property. This office has no objections to the proposed project. Any permit issued should also include the following
conditions:
1. 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 the structure without permit modification. No non -water dependent uses of
structures may be conducted on, in, or over public trust waters without permit modification.
2. 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.
3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and
shall not exceed the established pier head line.
4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast
Guard, through regulations or otherwise, on authorized facilities.
S. The proposed structures shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the
channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the
upland property line meets the water's edge.
6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee
will not be entitled to compensation for damage to the authorized structure or work, or injury which may be
caused from existing or future operations undertaken by the United States in the public interest.
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 project without
having the permit transferred to a third -party. to RECENED
8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than foµk(i3)ge�ss �s�e moored
or docked at the facility. The restriction of the number of vessels shall apply to all mari a ti , including
but not limited to motorboats, sailing vessels and personal watercraft.
DCM-MHD CITY
Pat McCrory
Governor
November 22, 2013
MEMORANDUM:
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
TO: Jessi Baker
Fisheries Resource Specialist
Division of Coastal Management
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doup Howe tt at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY:
SIGNED
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.
ley —All
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215 \ FAX: 910-395-39641ntemeC www.nccoastalmanaoement.net
An Equal Opportunity\Atfim bve Action Employer
RECEIVED
DEC 0 2 2013
DCM-MO CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Richard Mitchell
2. LOCATION OF PROJECT SITE: The property is located at 1761 Kings Landing Road, adjacent to the AIW W
and Topsail Sound, in Hampstead, Pender County.
Photo Index -2006: 26-6635, R-S, 9 2000: 26-399, R 8-9 12M 26-321, T-U, 9
State Plane Coordinates - X: 1507003 Y: 2969341 GPS File: R111215A
Lat:34°22'05.44"N Long:77°39'37.99"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/12/13
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — Completed on 11/12/13
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pender County
Classification From LUP-AEC areas are classified Conservation and Resource Protection.
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing — Private
Planned -None
8.
(F) Type of Structures: Existing — Residence, private pier and docking facility.
Planned —13' x 13' boatlift and 4' x 6' skiff lift
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands - open water
]193sq.
(C) Other(Highground)
(D) Total Area Disturbed: 169 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to expand the previously approved docking facility by
installing two additional boat lifts.
RECEIVED g
DEC 0 2 2013
11i'-M_N.."-1 Ci T L
Richard Mitchell
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 1761 Kings Landing Road, adjacent to the Atlantic Intracoastal Waterway (AIW W), in
Topsail Sound, Hampstead, Pender County. To get to the site from Wilmington, take US Hwy 17 N to Country Club Road
(approximately 2.37 miles north of the intersection of Highway 17 and 210 in Hampstead). Turn right onto Country Club
Road and travel approximately 0.70 miles before turning right onto Olde Point Road. Travel along Olde Point Road
approximately 1.30 miles and turn left onto Kings Landing Road. Follow Kings Landing Road for approximately 0.25
miles and the subject property will be located on the right hand side of the road, at house number 1761.
The subject property is approximately 0.50 acres and existing man-made features on the tract include a single-family
residence, dilapidated retaining wall (asbestos) and a two (2) slip docking facility. The high ground portion is elevated
approximately 10-12 feet above the Normal High Water (NHW) level. Vegetation on the tract consists primarily of lawn
grasses and ornamental landscaping. There is an area of Coastal Wetlands that border the subject property to the east. The
Coastal Wetlands species located in this area include Spikegrass (Distichlis spicata), Salt Meadow Hay (Spartina patens),
Glasswort (Salicornia) and Smooth Cordgrass (Spartina Alterniora). The property has approximately 115 linear feet of
shoreline, most of which is naturally stabilized. Residential properties border the site to the north, south and west and the
AIW W borders the site to the east.
The applicant received a CAMA General Permit (No. 60611) on July 11, 2012, which authorized construction of an
access pier, covered gazebo, floating dock and boat lift. All work associated with the previously approved docking facility
has been completed to date.
The waters of the AIW W and Topsail Sound (adjacent to the project site) are classified as SA-ORW by the North
Carolina Division of Water Quality. They ARE NOT designated as a Primary Nursery Area (PNA) by the North
Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a new 13' x 13' boatlift along the southern side of the existing platform. In addition,
the applicant is proposing to install a 4' x 6' skiff lift, along the inland side of the covered gazebo. The skiff lift would be
affixed to the existing pier and would be a pile supported structure. Water depths in this area range from -3.0' to -5.01
,
relative to NLW.
As proposed, the new lifts would be located within'/4 of the width of the waterbody, as well as within the existing pier -
head line. In addition, the proposed lifts would be located landward of the edge of the federally maintained channel. The
proposed docking facility would NOT extend into either of the adjacent 15' riparian corridor setbacks, therefore no
waivers are required. As proposed, the docking facility would provide dockage for up to four (4) vessels.
10. ANTICIPATED IMPACTS
As proposed, the planned development would incorporate approximately 193 sq. ft. of Public Trust Waters. The applicant
has approximately 115 linear feet of shoreline allowing up to 920 sq. ft. of platform or docking space. As constructed, the
total square footage of the existing facility (platform and floating dock) equals approximately 253 sq. ft. No impacts to
Coastal or "404" wetlands would occur as a result of construction. As previously indicated, the planned development
would be located within the applicant's area of riparian access and within 1/4 of the width of the waterbody. Short term
increases in turbidity could be expected due to piling installation.
Submitted by: J. Dail Date: November 21, 2013 ice: Wilmington
f
DEC 0 2 2013
DCM MHD CITY
NICE MF-1
APPLICATION for
major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Mast Name
Applicant 1: First Name
MI
Mitchell
Richard
L .
Applicant 2: First Name
MI
Last Name
If additional applicants please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
1761 Kings Landing Rd
Hampstead
nc
ZIP
Country
Phone No.
FAX No.
28443
ponder
910-512-1206 aid.
-
Street Address llfdifferenthum above)
City
State
ZIP
Hampstead
NC
28443-
Email
newriverpoffery@ec.rr.com
2. Agent/Contractor Information
Business Name
Clements Marine Construction Inc,.
Agent/ Contractor 1: First Name
MI
last Name
Mark
H
Clements
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
112 Circle Drive
Hampstead
NC
ZIP
Phone No. 1
Phone No. 2
28443
910 - 620 - 9110
aid.
910 - 270 - 9110 ext.
FAX No.
Contractor a
same
Street Address (if different from above)
City
State
ZIP
Email # RECEMED
dementsmarinecb@bellsouth.net
E 1 V 1~
EC
DEC 0 2 2013 DCM VjILM(Nu l
<Form continues on back> Nw 1 2 g
252-808.2808 .. sn - +.,.,5;- .. www.s, :,� ,., s iel in a n a g e m 0 n t. n et
Form DCM MP-1 (Page 3 of 5)
APPLICATION fct
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pander
1761 Kings Landing Rd
US HWY 17
Subdivision Name
City
State
Zip
Kingslanding
Hampstead
NC
28443 -
Phone No.
Lot No.(s) (d many, attach additional page with list)
910 - 512 -1206 ext.
1, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
0-Ape, -kmv-
AICW
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project ads.
®Natural ❑Manmade ❑Unknown
AICW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Hampstead
4. Site Description
a.
Total length of shoreline on the tract (R)
b. Size of entire tract (sq.R)
116
27025 scift
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
115')Q35'
NWL (rormal water level)
(If many lot sizes, please attach additional page with a list)
16 ®NHW or ❑NWL
e.
Vegetation on tract
lawn grass some oak trees
f.
Man-made features and uses now on tract
private home and pier
g.
Identify and describe the existing land uses adiacent to the proposed project site.
private residential homes
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
r-20
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No []NA
National Register listed or eligible property?
<Form continues on next Page> v= E" ' E i V E l)
DE U 2 2013 DCM WIMiNGTON, NC
Nov 1 2 2013
252-808-2808 .. 1.888-4Yt=., y ., wvv N.nccvas?ad ianagement.net
r:orm DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ®No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
septic
o. Describe existing drinking water supply source.
well and or county
p. Describe existing storm water management or treatment systems.
nta
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
[]Commercial ❑PublictGovemment
OPrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
adding a new boat lift to existing dock for owners new boat.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
We will install 4 pilings on the side of the end deck with a pile setting barge and install the new boatlift. no equipment will be
stored, this procees will only take a day to install.
d. List all development activities you propose.
install a new boatift
e. Are the proposed activities maintenance of an existing project, new work, or both?
new
f. What is the approximate total disturbed land area resulting from the proposed project?
®Sq.R or ❑Acres
g. Will the proposed project encroach on any public easement, public aocessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
surface runoff
1. Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No LIMA
j. Is thereany I igati I y?
❑Yes ❑No ❑NA
If yes, attacT a mitigation proposal
DEC 0 2 2013
<Form continues on back> DCM WILMINGTON, NC
DCM-MMcffy Nov 1 i 2013
252-808-2808 .. 1-888-4.. _. _. _. �,nanagement,net
Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
6. Additfonal Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — it) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detalled to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Name Charles White Phone No.
Address po box 416 burgm nc 28425
Name Durwood Bradshaw Phone No.
Address 1777 kingslanding rd Hampstead NC 28443
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certlffcat/on and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
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.
Date 10/30/2013 Print Name Mark Clements
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information RECEIVED
DCM WILMINGTON, NC
DEC 0 2 2013 NOV 12 9013
252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net
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 that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY)MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PubliclGovemment OPrivate/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes ONO
c. (i) Dock(s) and/or Pieria)
d. (i) Are Finger Piers included? []Yes ONO
(h) Number
If yes:
(iii) Length
(ii) Number
(iv) Width
(iii) Length
(v) Floating ❑Yes ONO
(iv) Width _
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? []Yes ONO
f. () Are Boatlifts included? ®Yes ONO
If yes:
If yes:
(t) Number
(ii) Number 2
(III) Length
(III) Length 13
(iv) Width
(iv) Width 13
(v) Floating ❑Yes ENO
Note: Roofed areas are calculated from dripline dimensions.
g. (1) Number of slips proposed
h. Check all the types of services to be provided.
4
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
2
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of twat ramps:
❑ Oth" please Describe:
I. Check the proposed type of siting:
❑ Land cut and access channel
®Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 25'
m. (i) Will the facility have tie pilings?
[]Yes ®No
(ii) If yes number of tie pilings?
RECEIVED
DFC 0 2 2013
DCM-MAD CITY
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed
(i) Will the facility be open to the general public?
❑Yes ONO
RECEIVED
DCM WILMINGTON, NC-
NOV 1 2 2013
252-848-280.8 s: -1-888-4RCOAST :: www.nccoastalmanagenaent.net revised: 12/27/06
Form DCM MP-4 (Structures, page 2 of 4)
c
2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe fhe disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []NO
DEC 0 2 2013
DCM-MAD CITY
RECEIVED
DCM WILMINGTON, NO
NOV 1 2 2013
252-808.2808 :: 1.888-4RCOAST :: w°�✓mv.nccoastaimapa_qement.net revised: 12/27/06
Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes []NO
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/mamh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts) ®This section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑PublictGovemment ❑Private/Community,
(ii) Number
(iii) Length
(iv) Width _
Note: Roofed areas are calculated from dripline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (1) Number _
(i) Length
(III) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW. NWL, or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s): b. Number _
[]Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL QED
RECEIVED
DEC 0 2 2013 DCM WILMINGTON, NC
DCM-MM= NOV 1 2 2013
25Y-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106
Forts DCM PAP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
45' on south side and 30' on north
Note: For buoy or mooring piling, use arc of swing including length
Of vessel.
c. Width of water body
526'
e. (i) Will navigational aids be required as a result of the project?
DYes ®No DNA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
60' south and 45' north
d. Water depth at waterward end of structure at NLW or NWL
5' at nlw
& OTHER DThis section not applicable I
a. Give complete description:
we wish to install a new twat lift and a single pole skiff lift to the existing dock that currently has two slips.
10/30/2013
Date
Richard Mitchell
Project Name
mark clements
Applican�4m /7
/�/.sY .L (/o
Appli6ant Signature
' Wr
DEC 0 2 2013
DCM MHD CITY
Fii=-C.EIVED
DISM Vk/il-MINGTON, NC
NOV 1 2 2013
252-808-2$G14::1.888-4RCOAST:: wvvw,nccoastalmanagement.net revised: '1212 O' ,
c�rl�s
V,D
lb
4r
1�
115'
dVA�
RECEIVED
DEC 0 2 2013
DCM-MHD CITY
�o a
N t+"l Orin f (tic 5ut6
RECEIVED
��. GCNt WiLMINGTON, NC
NOV 1 2 2013
Durwood
2 71
G7Il�M FM W, YA
r pr
vw
p RECEIVED
DEC 0 2 2013
DCU-MHDCrfY
Clements Marine Construction Inc,
112 Circle Dr.
Hampstead NC 28443
clementsmarineco@.bellsouth.net
910-270-9110 office 910-620-9505 cell
Richard Mitchell Jan, 13, 2014
1761 Kings landing Road
Hampstead, NC 28443
Att: Division of Coastal Management.
Dear Division of Coastal Management
We would like to revise our permit application for the proposed skiff lift to be moved
down the dock, towards the east 10'. This will allow us to have improved water depth at
this location. Thanks you for your time in this matter.
A' D�
W_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
November 22, 2013 REC61v6D
MEMORANDUM:
DEC 19 2013
TO: Georgette Scott
Stormwater Section DCMMHDCTTY
DEMLR - WiRO
FROM: Doug Huggett, NC DENR DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggtett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: / This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �Co DATE
F(-,FE1VET
127 Cardinal Drive Ext., Wilmington, NC 28405 Nov Z 5 2013
Phone: 910-796-72151 FAX: 910395-3964Internet: www.nccDastalmanaaement.net
An EQuel Opportunity 1 At nnafive Action Employer r3Y: —
Pat McCrory
Governor
NCDEh R
,florin uaroona Department of Environment and
Division of Coastal Management
Biaxton C. Davis
Director
Novembej 22, 2013 -
MEMORANDUM`.
TO: Renee Gledhill -Early
Dept: of Cultural. Resources
Archives &`History,
BEE GMRU
N STC;ZIG FRH; RNADON OFFIF
u fies -
Joln E`Skvaria, III
Secretary
a AX' pa
i2-
FROM: DoOg•Hudgett, NC DENR-DCM Major Permits -Co
40b Commerce Ave.i Morehead -City, NC 28557 (Courier 11-12-09)
SUBJECT; CAMA`PermitApplication Review
Applicant. RichardY. Mitchel!
Project Location: I1,78,1 !Kings Landing Rd., adjacent to Topsail Sound i AIWW., in Hampstead,
P.ender-County
Proposed. Project: to expand the. existing docking, facility by the addition of two boat lifts
Please indicate below: your-agency,s position,or viewpoint on the proposed project and -re turnthis
form to Doug Huggett.at the address above by December 1B, 2013. If you have any questions
regarding :the proposed project, contact Jason Dail at (91%,,796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY,: This ,agency has no objection to the project as_'proposed.
This;agency has;no comment on the proposed,project.
This, agency approves of the project` only if the, recommended changes are
incorporated. See attached.
{�T`hnis-agency objects tno.the.project for reasons -described -in the, attached comments.
SIGNED .�x.tan ii�.t(m t`t11 DATE I z ' IC' 13
.127G,rdinal Nv6 Eat; Mmingtc is NC'2840's
Phone; 910.796-72151 FAX: 910R395-3984 tninmet9www.rcco3stalinanao;;menl nel
.An H.ni (.Y q;S„—J;y,}.t'[nrtnv .cn Err'cyv
Nov Z 7 201
Govoni, Daniel
From:
Dail, Jason
Sent:
Monday, January 13, 2014 8:26 AM
To:
Smith, Ronnie D SAW
Cc:
Govoni, Daniel; Fritz Rohde - NOAA Federal (fritz.rohde@noaa.gov)
Subject:
RE: Richard Mitchell (UNCLASSIFIED)
Good morning gents. I have received several emails with reference to this particular project
and I just want you all to know that I have not requested any additional information from the
applicant or his agent. Prior to last weeks email from Ronnie, I was unaware of any issues
related to the proposed skiff lift, or that one of the resources agencies was asking that it
be relocated. So, just to be clear, at this point. I am not waiting on any revised drawings or
alterations from the applicant. Based on the water depths where the proposed skiff is planned
(-3.0 @ nlw), I can't imagine anyone would have any concerns about depth issues???
I-f I need to give guidance to the applicant or his agent, I would appreciate it if the
opposing resource agency would provide, or relay, their comments or concerns asap.,
Thank you,
Jason Dail
*Please note that e-mail correspondence to and from this address may be subject to the North
Carolina Public records Law and may be disclosed to third parties.*
-----Original Message -----
From: Smith, Ronnie D SAW[mailto:Ronnie.D.Smith@usace.army.mil]
Sent: Monday, January 13, 2014 8:14 AM
To: Dail, Jason
Subject: Richard Mitchell (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats:.NONE
I spoke with Fritz and he —stated —that DCM recommends that the skiff lift be moved water ward
by 8 feet. Is the applicant not able to do that?
Ronnie D. Smith
Project Manager
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Phone: (910) 251-4829
Fax: (910) 251-4025
Email: ronnie.d:smithDOusace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer
Service Survey is located at:
http://per2.nwp.usace.army.mil/survey.html,<http://pert.nwp.usace.army.mil/survey.html>
Thank you for taking the time to visit this site and complete the survey.
1
Classification: UNCLASSIFIED
Caveats: NONE
w
moo
AWWA I /
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Braxton C. Davis John E. Skvarla, III
Governor
Dire t�Qr _ Secretary
liehelvED
November 22, 2013
MEMORANDUM:
DEC 10 2013 EC E I V E
TO:
Debra Benoy DCrt'vytmcrrY
NOV 2 5 2013
District Manager
Public Water Supply Bv,_
FROM:
Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT:
CAMA Permit Application Review
Applicant:
Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Howe tt at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
Thi ency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nocoastalmanaQement.net
An Equal Opportunity 1 Affirmative Action Employer
m 9C
rrA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
November 22, 2013
;fir i� A ' "�
MEMORANDUM: NOV 2 5 2013
TO: Dan Sams DEC 10 2013
District Manager
DEMLR - WiRO DCM-M7iDCn7
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Hucigett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED z� DATE 1. " 25_� Z0/7
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796.72151 FAX: 91W95-3964 Intemet: www.nccoastaJmanagemAnt.net
An Equal Opportunity 1 Affinabve Aclim Employer
Pat McCrory
Governor
November 22, 2013
MEMORANDUM:
TO
FROM
SUBJECT:
Applicant:
NCDENR
North Carolina Department of Environment and
Ashley Frank
LPO
Pender Co.
0
Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
JAN 0 2 2014
DCMMriDCnV
John E. Skvada, III
Secretary
Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
CAMA Permit Application Review
Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
_X_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 12 - Z O I
127 Cardinal give EA, Wilmington, NC 28405
Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nocoastalmanagement.net
An Equal Opponunily \ Affirmative ACOm Empoyer
11-25-'13 16:04 FROM-
.
e.Y r
NCD RRI
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
November 22, 2013
MEMORANDUM:
TO: Mark Zeigler
WiRO
Division of Community Assistance
T-401 P0003/0003 F-706
Natural Resources
John E. 5kvarla, Ili
Secretary
FROM: Doug Huggett, NO DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NO 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Dow Hu4aett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: ._This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, NO 28405
Phone: 910a98-7215 \ FAX: 910-395-3964Internet: www rleomatalmanaaement.net
An Equal oppgtearylAffirmative action Employer
Dec. 3. 2013 9 : 0 1 A M NC Dept of Transportation
Pat McCrory
Governor
November 22, 2013
MEMORANDUM:
T0.
FROM:
SUBJECT:
Applicant:
No, 5385. P. 2
CDT NOV 2112813
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvatla, III
Director Secretary
Robert Vause
NC DOT
PeNbv2 County
Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
LAMA Permit Application Review
Rlchard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound/ AIWW, in Hampstead,
Ponder County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Hu ett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons lesctibed in the attached comments.
SIGNED LAW,% N7+ r DATE
127 Cardinal Drive EA, Wilmington, NC 29405
Phone; 910-796.72151FAX: 910-395-39641ntemel: manccoaslalmanaaemenl.nel
An Equal epponunlry l AMnsWe fton EmNoyer
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
November 22, 2013
MEMORANDUM: RECEMD
TO: Shannon Jenkins AC 0 4 2013
NH DEH
Shellfish Sanitation Section
;^CM-MHD CITY
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
e 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.
Foe Stia NN N ,Je 4
SIGNED DATE I I -
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796.72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net
An Equal Opportunity 1 Affirmative Action Employer
PI�r/uJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
November 22, 2013 P RECEWO
MEMORANDUM: DEC U 6 2013
TO: Tim Walton
Dept of Administration DCMWWCrTS'
State Property Office
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Douq Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
1D
_This agency has no comment on the proposed project.
` This agency approves of the project only if the recommended changes are
r� y d,,�;uI incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE -S
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net
An Equal Opportunity 1 Alfimuative Actlon Employer
Pat McCrory
Governor
November 22, 2013
MEMORANDUM:
TO
FROM
SUBJECT:
Applicant:
NIFWA
M-24
Al
MUM
North North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
RBCENED
DEC 0 9 2013
DCM.WM CITY
Maria Dunn
NCW RC
WaRO / WiRO
Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
CAMA Permit Application Review
Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
V/ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE ►Z'`I- 7�r3
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910.796-72151 FAX: 910-395-3964Internet: www nccoastalmanaaement.net
An Equal Opponuniry \ ARnative Action Empbyer
Pat McCrory
Governor
MEMORANDUM:
��-
NCDENR
North Carolina Department of Environment
Division of Coastal Managem,
Braxton C. Davis
Director
TO: Doug Huggett, DCM Major Permits Coordinator
FROM: Jessi Baker, DCM Fisheries Resource Specialist
SUBJECT: 1761 Kings Landing Road, Pender County, NC
DATE: January 2, 2014
DG
44N I/
fn E. Skvarla, III
Secretary
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The CAMA Major permit
application from Richard Mitchell proposes to add two boat lifts to an existing dock adjacent to the AIWW in
Topsail Sound. This area contains submerged aquatic vegetation (SAV).
SAV provides important nursery and foraging habitat for bay scallop, shrimp, blue crabs, hard clams, speckled
trout, and red drum. SAV is apparent in aerial photography of the site and was confirmed during a December
16th site visit.
Operating boats in shallow water depths often results in bottom disturbance due to "prop dredging". Because
of this, any boat slips or lifts should be in water depths of at least 2 feet at MLW. Although this depth may
exist adjacent to the existing pier, depths at the outside of the skiff lift footprint and a portion of the approach
to the slip are less than 2 feet at MLW.
In order to minimize impacts to SAV, the skiff lift should be moved at least 8 feet waterward along the existing
pier. Please feel free to contact Jessi Baker at (252) 808-2808 ext. 213 or jessi.baker@ncdenr.eov if you have
any further questions or concerns.
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Acton Employer
Govoni, Daniel
From:
Dail, Jason
Sent:
Monday, January 13, 2014 8:26 AM
To:
Smith, Ronnie D SAW
Cc:
Govoni, Daniel; Fritz Rohde - NOAA Federal (fritz.rohde@noaa.gov)
Subject:
RE: Richard Mitchell (UNCLASSIFIED)
Good morning gents. I have received several emails with reference to this particular project
and I just want you all to know that I have not requested any additional information from the
applicant or his agent. Prior to last weeks email from Ronnie, I was unaware of any issues
related to the proposed skiff lift, or that one of the resources agencies was asking that it
be relocated. So, just to be clear, at this point I am not waiting on any revised drawings or
alterations from the applicant. Based on the water depths where the proposed skiff is planned
(-3.0 @ nlw), I can't imagine anyone would have any concerns about depth issues???
If I need to give guidance to the applicant or his agent, I would appreciate it if the
opposing resource agency would provide, or relay, their comments or concerns asap.
Thank you,
Jason Dail
*Please note that e-mail correspondence to and from this address may be subject to the North
Carolina Public records Law and may be disclosed to third parties.*
-----Original Message -----
From: Smith, Ronnie D SAW [mailto:Ronnie.D.Smith@usace.army.mil]
Sent: Monday, January 13, 2014 8:14 AM
To: Dail, Jason
Subject: Richard Mitchell (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
I spoke with Fritz and he stated that DCM recommends that the skiff lift be moved water ward
by 8 feet. Is the applicant not able to do that?
Ronnie D. Smith
Project Manager
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Phone: (910) 251-4829
Fax: (910) 251-4025
Email: ronnie.d:smithidusace.armv.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer
Service Survey is located at:
http://oer2.nwp.usace.army.mil/survey.htmi <htto://Pert.nwp.usace.army.mil/survey.html>
Thank you for taking the time to visit this site and complete the survey.
1
Classification: UNCLASSIFIED
Caveats: NONE
�X
Major Permit Fee Schedule
^*Aa ll .�STI A) &
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas:
$250
100% ($250)
0% ($0)
II. Public or commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas:
$400
100% ($400)
0% ($0)
III. For development that involves
the filling and/or excavation of up
to 1 acre of wetlands and/or open
water areas, determine if A.B. C,
or D below applies:
III(A). Private, non-commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied:
$250
100% ($250)
0% ($0)
III(B). Public or commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 3490 (see
attached) could be applied, but
DCM staff determined that
additional review and written
DWQ concurrence is needed
because of concerns related to
water quality or aquatic life:
$400
1 60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 3490 (see
attached) cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the
filling and/or excavation of more
than one acre of wetlands and/or
open water areas:
$475
60% ($285)
40% ($190)
# RECEIVED
DEC 0 2 2013
DCM-MUD CITY
NCDEE R
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory, Braxton C. Davis
Governor Director
November 25, 2013
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Combo Public Notice for:
• Richard Mitchell in Pender County
• Mark Malpass in Onslow County
Natural Resources
John E. Skvarla, III
Secretary
Kyle/Headier: Please publish the attached Notice in the Wednesday, November 27, 2013 issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun
Simpson at Div. of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-
7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of
the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun K. Simpson
Permit Support Technician
Division of Coastal Management
Enclosure
cc: WiRO
Doug Huggett / Michele Walker REC1 I W
DEC 0 2 2013
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796.72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net
DCM.-NMDOTY
An Equal Opportunity 1 Affirmative Action Employer
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following have applied for development permits in Areas of Environmental Concern as
designated under the CAMA. According to said applications, On November 12, 2013, Richard Mitchell
proposes to expand an existing docking facility at 1761 Kings Landing Rd., adjacent to Topsail Sound
and the AIWW, in Hampstead, Pender County; And on November 21, 2013, Mark Malpass proposed to
construct a docking facility and dredge the adjacent area at 176 Flamingo Lane, adjacent to the AIWW,
in Sneads Ferry, Onslow County. Copies of these entire applications may be examined or copied at the office
of Jason Dail, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal
Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to December 18, 2013, will be considered in making the permit
decisions. Later comments will be accepted and considered up to the time of permit decisions. Project
modifications may occur based on review and comment by the public and state and federal agencies. Notice of
permit decisions in these matters will be provided upon written request.
RECEIVED
DEC 0 2 2013
DC.,V,YHDC!TY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Richard Mitchell
2. LOCATION OF PROJECT SITE: The property is located at 1761 Kings Landing Road, adjacent to the AIW W
and Topsail Sound, in Hampstead, Pender County.
Photo Index -2006: 26-6635, R-S, 9 2000: 26-399, R 8-9 1995: 26-321, T-U, 9
State Plane Coordinates - X: 1507003 Y: 2969341 GPS File: RI 11215A
Lat: 34°22'05.44"N Long:77°39'37.99"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/12/13
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — Completed on 11/12/13
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pender County
Classification From LUP-AEC areas are classified Conservation and Resource Protection.
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing — Private
Planned - None
(F) Type of Structures: Existing — Residence, private pier and docking facility.
Planned —13' x 13' boatlift and 4' x 6' skiff lift
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands - open water
193 sq.
ft.
(C) Other(Highground)
(D) Total Area Disturbed: 169 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to expand the previously approved docking facility by
installing two additional boat lifts.
" N �
DEC 0 2 2013
DC,V,1VmJCITY
Richard Mitchell
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 1761 Kings Landing Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in
Topsail Sound, Hampstead, Pender County. To get to the site from Wilmington, take US Hwy 17 N to Country Club Road
(approximately 2.37 miles north of the intersection of Highway 17 and 210 in Hampstead). Turn right onto Country Club
Road and travel approximately 0.70 miles before turning right onto Olde Point Road. Travel along Olde Point Road
approximately 1.30 miles and turn left onto Kings Landing Road. Follow Kings Landing Road for approximately 0.25
miles and the subject property will be located on the right hand side of the road, at house number 1761.
The subject property is approximately 0.50 acres and existing man-made features on the tract include a single-family
residence, dilapidated retaining wall (asbestos) and a two (2) slip docking facility. The high ground portion is elevated
approximately 10-12 feet above the Normal High Water (NHW) level. Vegetation on the tract consists primarily of lawn
grasses and ornamental landscaping. There is an area of Coastal Wetlands that border the subject property to the east. The
Coastal Wetlands species located in this area include Spikegrass (Distichlis spicata), Salt Meadow Hay (S artina patens),
Glasswort (Salicornia) and Smooth Cordgrass (Spartina Alterniflora). The property has approximately 115 linear feet of
shoreline, most of which is naturally stabilized. Residential properties border the site to the north, south and west and the
AIWW borders the site to the east.
The applicant received a CAMA General Permit (No. 60611) on July 11, 2012, which authorized construction of an
access pier, covered gazebo, floating dock and boat lift. All work associated with the previously approved docking facility
has been completed to date.
The waters of the AIWW and Topsail Sound (adjacent to the project site) are classified as SA-ORW by the North
Carolina Division of Water Quality. They ARE NOT designated as a Primary Nursery Area (PNA) by the North
Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a new 13' x 13' boatlift along the southern side of the existing platform. In addition,
the applicant is proposing to install a 4' x 6' skiff lift, along the inland side of the covered gazebo. The skiff lift would be
affixed to the existing pier and would be a pile supported structure. Water depths in this area range from -3.0' to -5.0',
relative to NLW.
As proposed, the new lifts would be located within'/4 of the width of the waterbody, as well as within the existing pier -
head line. In addition, the proposed lifts would be located landward of the edge of the federally maintained channel. The
proposed docking facility would NOT extend into either of the adjacent 15' riparian corridor setbacks, therefore no
waivers are required. As proposed, the docking facility would provide dockage for up to four (4) vessels.
10. ANTICIPATED IMPACTS
As proposed, the planned development would incorporate approximately 193 sq. ft. of Public Trust Waters. The applicant
has approximately I IS linear feet of shoreline allowing up to 920 sq. ft. of platform or docking space. As constructed, the
total square footage of the existing facility (platform and floating dock) equals approximately 253 sq. ft. No impacts to
Coastal or "404" wetlands would occur as a result of construction. As previously indicated, the planned development
would be located within the applicant's area of riparian access and within'/4 of the width of the waterbody. Short term
increases in turbidity could be expected due to piling installation.
ID
Submitted by: J. Dail Date: November 21, 2013 Office: Wilm gTon
DEC 0 2 2013
DCM-Mi1D CITY
Q
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Braxton C. Davis John E. Skavarla, III
Governor
Director Secretary
November 22, 2013
Richard Mitchell
1761 Kings Landing Road
Hampstead, NC 28443
Dear Mr. Mitchell:
The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval
for development of your property located at 1761 Kings Landing Road, adjacent to the Atlantic Intracoastal Waterway
and Topsail Sound, in Hampstead, Pender County. Your application was received complete on November 12, 2013, and
appears to be adequate for processing at this time. The projected deadline for making a decision is January 28, 2014. An
additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be
provided on or about the 75ei day.
If this agency does not render a permit decision within 70 days from November 12, 2013, you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project.
Such a meeting will be held within five working days from the receipt of your written request and shall include the
property owner, developer, and project designer/consultant.
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 property of your proposed
development. You should post this notice 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.
An onsite inspection may be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. 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.
Representative
Cc: WiRO file, DCM
Ashley Frank and Megan O'hare, Pender County LPO
V RECEIVER
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DEC 0 2 2013
An Equal Opportunity 1 Affirmative Acfion Employer DCU MO C1PY
10.
N(1'1'I(01*1:
CAMA PERMIT
APPLIED FOR
BE
1 1 VIM MOVE
lifts
COMMENTS ACCEPTED THROUGH December 18, 203
APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Jason Dail, Field Representative
910-796-7215
WAIVES
implied or otherwise, as to the correctness of the information contained herein.
ny warranty,
Deed Book:
4090r� 0025.jpg
�— Zoomin Zoom[fUt Previous
Next — --
IIoI o I�o tI I II Q.2i It rI If Deeds eas" Ip Zi'e°.'a�iea
OGN g �13
NOV 1
Fay. rneh•y Fr.vatte a.9r.t.r of Deed.
W-N-ierx W:3a: ta. sae Ponder Canty, M
tre T9M4E assess'. aa<a.M (Me4ae)
Fj T.y 640.00 nee.rdmgTim,, Realism! Page
P
Tex W No.: Peal Identifier No.: 4202-47-1809-0000
verified by: Cowry On the daY of
By: _—
Mare alter rcarding to Mltc6elb Ammemeot Corp
This more meat was prepared by: Mark A Pearson. Aftorncy At rr la h 6 Se u.PLLC
Brief daerlpdon for the ledex
i Lots 5 and 6 of Best View Development, Map Book 5,
Page I
NORTH CAROLINA SPECIAL WARRANTY DEED
.a F
THIS DEED made this 17th day of 3una. 20I2, by and between
Grantor
Grantee
Wells Fargo Bvdc, N.A.
Mitchells Amusement Corp.
Meiling Address:
Meiling Address:
oto Wells Fargo
3476 Stateview Blvd
Property Address:
Fort Mill, South Carolina 29715
1761 Kings Lending Road
Hempstead, NC 28443
Enerm eNod fro cur -dame marts[ uM a rWe cnusetaro emi e.. seed 1.
1 n al t 172 The M DWadmVI t odmory mi dance of the Orenmr.
The designation Grantor and Grande as used herein shell include said parties, their heirs,
successors, and assigns, and shell include singular; plural, masculine, feminine or neuter at
required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grants, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell end convey
into the Grantee in fee simple, all that certain lot or parcel of land situated in the City of
Hempstead, Township, Ponder County, North Carolina and
mom particularly described as follows:
o, RECEIVED
11-16633
DEC 0 2 2013
DC bf-MHD CITY
■ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
P%Ar►Jocal b r-0011 ►Rwi
1777 2c
P-fM1, 15
A. Signat,,re
\ �SSef
B. froelved by (Printed Name) C. to f ivery
c 7
D. Is deINxiw���Fer� P� 1? ❑Yes
If YES, nB terE�IMIM ow ZU No
DCM WILM NGNC
NOV 1 2 2013
3. Service Type
0�;ertRled Mail ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (E%tm Fee) ❑ Yes
Article
2. rfmberrom service label)
(Ironsfer?7012 1640 0000 1118 2477
tians
PS Form 3811, February 2004 Domestic Return Receipt 102595-02W-1540
■ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front R space permits.
1. Article Addressed to:
G'haYfs .r/�f�
,ijvr{t/ /lG
Received by �(P nI �I-� ) C. Date of Delivery
D. Is delivery address different frOMA 1? ❑ Yes
If YES, enter delivary addi ❑ No
L)UM WILMINGTON, NC
NOV 1 2 2013
3. Service Type
,,12<ertifled Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? Pars Fee) ❑ Yes
2. Article Number 7012 1640 0000 1118 2484
(transfer From service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-na1540
* RECMW
DEC 0 2 2013
DCN:?V-vD CITY
��A
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX 910395-3964 Intemek www,nccoastalmanagemen(.net
Dee Freeman
Secretary
RMIVED
r
DEC 0 2 2013
DCM-MHD C1TY
None Carolina
tMIM1111
An Equal Opportunity 1 Alfinnafive Action Employer
Permit application narrative.
Richard Mitchell
1761 Kings landing Road
Hampstead NC, 28443
Dear Committee,
I would like to request to install a new boat lift and skiff lift to our existing dock. We
currently have a boatlift for our bigger boat, but now have a smaller run a bout that we
would like to put on the proposed new boat lift. Our son would like to get a Jet Ski and
we wish to install a Jet Ski or skiff lift for this as well. The boat lift is a four pole lift and
the Jet Ski lift is a single pole lift that will go off the side of the dock. As you know the
boat traffic during the spring and fall on the intracoastal waterway really take a toll on
boats that are moored up to floating structures and can cause damages that can be costly.
So we hope that you will approve our request to protect our property at this time. Thank
you for your consideration is this matter and we will await your decision.
Best Regards,
sI _C lrit/ED
RECEIVED bw WILMINGTON, NC
DEC 0 2 2013 NOV 1 2 2013
DCM-MHD CITY
Letter of agent
1 /'� ►I�IT/�I L-- & Li have retained Mark Clements DBA, Clements
Marine Construction Inc, to make application for any and all permits needed to start
construction on the work requested for our property or properties.
By allowing Mr. Clements to make such applications I do understand that this will in no
way relieve me of any obligations to perform all work according to the building codes of
North Carolina, LAMA, DWQ or any other state and or county ordinances.
Pnnt
Signature 9 ) 0 — S'l !-- ) ? D L date )0/3J 1 I3
Contact information
PXCE"a
DEC 0 2 2013
RECEIVED
DGM OLMINGTON, NC
NoV 12 2013
DCM Coordinator:
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
US ACO E Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
NC DOT:
Shellfish Sanitation:
State Property:
Water Resources:
Washington:
Permit #•
(with revised work plan drawings)
Tracey Wheeler
—
William Westcott (NC DOT)
Bill Biddlecome (NC DOT) /
POFF' �rn;e5an_�l V
Renee Gledhill -Early or(environmental.review@ncdcr.gov)
Debra Benoy (WIRO)
Joey White (WARO)
Ken Pace
Patti Fowler
Tim Walton
Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Anthony Scarborough
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD)
LP®:
Fax Distribution: Permitee #:
Agent #: