HomeMy WebLinkAbout33-13 Barnhill, RobertM
ennut Class Permit%NumberV
NEW 3
7 ",'STATE -'OF N RTCAROLINA
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Department of Environmcht-afid,Natural Resources
and
0 �C "astal R:esources Cotnffiissioi In
ltduit
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Miii'�f Development f-�nvironrne ta,CiJncem` k' X pment in an Area o n
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Tursdant.to NCGS 11 3A i1,8'
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xcavation-and/or filling pius6ant to,NCGS 1,13-229
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Issued Robert -Barnhill, 50 I'Shady. Circle Drive, RockVFM06nt,l NC 27803"
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'Authonztng development in"" New Hanover^County Channel. 51`Ptners Neck Road; `
Figure Eight I pd ,,ag requested in thes)ermittee"9 iipp'lication,dai:4 •'M WIT 'including the
..'attached workpiai drawings fQ; all dated*l/,10/13
This permiti, issued oniFphrual� , ", .is. I subject Ito compliance withthe aPpica.i6h'('whe'r'e''cohsigtdnt
+'wiih ii6.permit),I11 apolicibie7regulitions, specialC-Onditionsand notes set forth below: Any violation ofthese-terms may
,Fbe subject to.firics,imprisonment 'or-ci*vi'l-ac'tion;'or'm'ay'cause.the permit to be riull,ancl void.
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_Doikini! Facility*
a 1), Uriless specifidally.altered'he.rein;'this perm'it.a'uthorizes ifie construciion ofthe docks; piers ,�'n .other,
';.structures. and, uses 'that are expressly and specifically set -forth' in the permit application: No other
k structure,, whethdr floating or:stationary; "shh .become a permanent part of 'this 4ekin'g"faci'lity
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without permit modification. No non-wdter''d'e'pe'rident uses of §fructures'shdll'be'c'onduc't6d,6n, .1nor-
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overpublic,trust waters withoutperIm. it modification.'
F.,
No'sewage, Whether.tre'ated or 'untrcated,'-shMl"b6 discharged `at any time ftofti, any, boats using the
docking facility.'. Any"scwagcdischailge, at; l the.dockin' Tity a6illi (in- , g shall be:considered a,violati' of thii
L
ponsible. This prohibition shall be,,appliIiIJ and�'-enforced"
permit for -which the permittee is responsible.
'
rou cr,M rlir th ghout, the entire existence of p iticd� structure:
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.(See attached sheetsfor. Additional Conditions)
. '
the authorityof the Secretary of'DENR and the
'hits permit action may '-be'appealedjby,.th&' permitteeor -Signed by'the
'ISS
other qualified pcisons within twemry`:(20) days of the 'Xhairnarof the Coastal Resources Commission., k .
Ulng"L'..L
date. Anappedl requires resolution prior to,work-initiation or
0
continuanceas ihe" case may"be."
I Department 11 This permit,must,lbe accessible on -site', 0u
personnel, when the",project,,isums inspected f6 compliance: - e.
r 's1
1pect.
Br on G Davis, Director
0 Any maintenance work or projectlmodification'not cov`dr'ed,..,.�,:-, ivisil'ori ofCoastallMitn'agerh6rit.
hercunder.requirei further!Divisidin approval.
i. I J . , . , , - , . iT I
All "work must cease w'fiede'permit expires on This and its conditions are hereby acccpicd.-
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December 31, 2016
;,,,'In; issuing this, pennit;:,the'State of"North"Carohnia agrees - r%`�ir'. '
that! hat! our project is consistent'with,the North'Carolini toastal
Signaritre'of Permittee
Management Pr6gram
k . . . . . .
-----------
V
Permit Class
NEW
Permit Number
33-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Robert Barnhill, 501 Shady Circle Drive, Rocky Mount, NC 27803
Authorizing development in New Hanover County at Banks Channel, 51 Pipers Neck Road,
Fire Eight island as requested in the permittee's application dated 1 /10/13, including the
attached workplan drawings (5), all dated 1/10/13
This permit, issued on February 2H, 2013 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to 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 the construction of the docks, piers and other
structures and uses 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
persomiel 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, 2016
In issuing this permit, the State of North Carolina agrees
'that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
l' Brai oil C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Robert Barnhill
Permit #33-13
Page 2 of 3
ADDITIONAL. CONDITIONS
3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
5) The 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.
6) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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 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.
8) All debris resulting from the removal of the existing structure shall be disposed of in an approved upland
disposal area.
9) This permit authorizes (2) two new formalized boatslip for a total . of (4) four formalized boatslips
associated with this docking facility.
General
10) 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 will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the 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.
11) 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.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
Robert Barnhill
Permit #33-13
Page 3 of 3
NOTE:
NOTE:
NOTE:
NOTE:
ADDITIONAL CONDITIONS
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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.
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
13-0088.
The, U.S. Army Corps of ,Engineers authorized the proposed project under COE Action Id. No.
SAW- 2013-00240, which was issued on_2/5/13.
0CM MP-1
APPLICATION for
major nevoiopment Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name MI Last Name
�ZobI VIhm1ill
Applicant 2: First Name
MI
Last Name
It additional applicants, please attach an additional page(s) with names listed.
Mailing Address
,r -Aff07
PO Box
City
State
ZIP }�
��D�3
Co''ufn6
VIS�
Phone No.
r�Sd ext.
FAX No.
Street Address (it different from above)
City
State
ZIP
Email
2. Agent/Contractor Information
Business Name -
Agent/ Contractor 1: First Name `
Last Name i
,IA)
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
8�g
City
,udµisr� f��
State
/tiC
ZIP
' �"' i'�— .•'.`:
Phhonnee N,00..<1
Il`�.V4��i
11
aKt
_ „ ,:.
Phone No. 2 _
axt.
FAX No.
Contractor #
Street Address (it different from above)
City
Slate
ZIP -
Email '
efly eh„illcam
nEGEIVEB
DCM WILMINGTON, NC
<Form continues on back>
JAN 1 4 20113
� Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. K
IWOlw�f►z.
Sl i
�tk
Subdivision Name
Clty
G/�!►�t�►
�►►
State
C
Zip
SYl/
-14
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
a. In which NC river asm is the project located?
b. Name of bod of water nearest to proposed project
c. Is th water b y i entified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
atural aria ❑UnknownL
VG
e. Is p osed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
ea ❑No
work falls within.
,1mIJin,N�
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
c. Size of individual lolls) d. Approximate elevatiot of tract above NHW (normal high water) or
NWL (normal water ver) 4�
(If many lot sizes, please attach additional page with a list) NHW or ❑NWL
e. Vegetation on tract
I. Man-made features and uses now on tract
g. Identify and describe the existing land uses adiacent to the proposed project site.
h. How does local government zone the tract?
i. Is the roposed project consistent with the applicable zoning?
n _
(Art h zoning compliance certificate, it appll ble)
Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes o
k. Has a professional archaeological assessment been done. for the tract? If yes, attach a copy. ❑Yes -- o ❑NA
If yes, by whom?.
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑YesCRNo ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
D13MULMINGTON, NC
t
Major Development Permit
m. (1) Are there wetlands on the site? Zes
[]No(if) Are there coastal wetlands on the site? ❑NNoo
(iff) If yes to either (1) or (if) above, has a delineation been conducted? ❑Yes p o
(Attach documentation, it available)
n. Describe existing wastewater treatment facilities.
S� 5��� sysl�►t
o. Describe existing drinking water supply source.
1K AIL
p. Describe existing storm water management or treatment systems.
h IJPr
15. Activities and Impacts
b. Give a brief description of purpose . use, and daiily pperalions of the project when complete.
�/itiu�►� Pax fiz)ltr� Fvh J�nfl�1 rltr /1�J3/h1
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
ofequipmentand where it is to be stared.
d. LiSt all development activities you propose.Rev Ad
An jl 'll uC /�lv Ad ' %i
11Fd
( lsrh5 �j«L
e. Are the proposed activities maintenance of an existing project, new work. or both?
Y '' �l/ AiNi
I. What Is the approximate local disturbed land area resulting from the proposed project? ..— D .._
❑Sq.FI or ❑Acres
g. Will the proposed project
encroach on any public easement. public accessway or other area ❑Yes CWNo
❑NA
that the public has established
use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NoN�
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 ❑N
❑NA
' rs there any mitigation -r " - _ .. . ... . .: ...... .. ..., .
1. y g Poposedl.. Yes NNo.'❑NA
It yes, attach a mitigation proposal. -
- - -
RECEIVED
<Form continues on back> DCM WILMINGTON, NC
JAN-3 0 H9 JAN 1 4 20.13
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-i) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (@ are always applicable to any major development application. Please consult the application
instruction booklet on how to properly 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
"oeraeerl•wdrw dorn(nlndrraMpraposdu.
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 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.
I. 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 �. l�L Phone No-311_ p})r/_r7Vr)q
Address(, , I%jQL�Mi,/�C� , �Mil►lys ti �o7i� 7 a 4l /.!
Name �/oLC1(�K�( C/re Phone No.
Address / J Itm i�l(mlyl(,' VI I L ✓ i�
Name tt�' -�— 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. Weiland delineation, if necessary.
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 1
of publiclunds or use of public lands. attach a statement documentingcompliance with the North Carolina Environmental Policy Act, - 1
7. Certification 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.
1 certify that 1 am authorized to grant, and do in tact 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,.
inoniloringof the projeck
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date /,Q J/pr'l • a71-3 Print Name
A4Nd/A/
Signature C----2 T
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑.,CgCM MP-3 Upland Development RECEIVED
CM MP-4 Structures Information DCM WILMINGTON, NC
ic�C EiVED
JAN 1 4 2013
i! '-, E? 7r11?
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this forth 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 facilawmarina: / b.
m ❑Commercial ❑PubliclGovement nvatelCarnmunity
c. (i) Dock(s) and/or piers) d.
(ti) Number
(IVh
) Width
( r.%WI SrIYI�I
(v) Floating ❑Yes No
e. (i) Are Platforms included? U/Yes ONO
If yes
(if) Number I&4Z m
(i) Length k
(iv)Width LEryliy
(v) Floating ❑Yes NN � Note: Pooled areas are calculated from driplins dimensions.
g. (i) Number of slips proposed
_q
(it) Number of slips existing
i. Check the proposed type of siting:
❑ Land cut and access channel
00,4en water; dredging for basin and/or channel
pen water; no dredging required
❑Other; please describe:
k. Typical boat length: rW
m. (i) Will the fa fly have tie pilings?
(Dyes No
(it) If yes number of be pilings?
❑This section not applica
(i) Will the faci y be open to the general public?
(Dyeso
(i) Are Finger Piers included es ONO
If yes:
/
(it) Number
—�
(iii) Length
(iv) Width(v)
Vas
Floating
ONO
(I) Are Boatlilts
included? aes ONO
If yes:
(ii) Number
(iii) Length
(iv) Width
��,/
IV
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: _
❑ at tamp(s): number or boat ramps: _
Other, please describe:
ffibwd
j. Describe the typical boats lobe served (e.g., open runabout.
charter boats, sail boats, mixed types).
T 11> t n►9 JottT
I. (1) Will file faci4l open to the general public?
❑Yes o
RECEIVED
JAN 3 0 2913
RECEIVED
DCM WILMINGTON, NC
JAN 1 4 2013
2. DOCKING FACILITY/MARINA OPERATIONS r /)4 Vhis section not appficabh
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons: Number: _; Location:
0 Showers
❑ Boatholding tank pumpouf 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 Dischargesigns proposed.
(n) Give the location and number of'Pumpout Available' signs proposed,
I. 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 ol?
h. Give the number of channel markers and 'No Wake' signs proposed.
1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
I. what wall be the marina policy on overnight and live -aboard dockage?
-k. Describe design measures that promote boat basin hushing?
RECEIVED
I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM WILMINGTON, NC
_ r
613
RECEIVED
ON 20 2q)�
m. Is ttie marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ONO
o. Is the marinefdocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SS). 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 madnaldocking facility located within or within close proximity to any shellfish leases? ❑Yes . ❑No
If yes. give the name and address of the lesseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts) I '7)1� This section not applicabr
a. (i) Is the boathouse structure(s):
❑Commercial ❑PublidGovernment ❑Private/Community
(ii) Number
(in) Length `
(iv) Width ^_
Note: Roofed areas are calculated from dapline dimensions.
14, GROIN (e.g., wood, sheetpite, etc. if a rock groin, use MP-2, Excavation and Fill.) w ZR Whis section not applicabr
a (,) Number _
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood. sheetpile, etc.) 17 (his section not applicabr
a Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW. NAIL, or wetlands
6. MOORING PILINGS and BUOYS r /A VThis section not applicabl
a. Is the structure(s):
oCommercial ❑PubliciGovernment ❑PrivaterCommunity
c. Distance to be placed beyond shoreline _—
Note: This should be measured from marsh edge. if present.
b. Number
d. Description of buoy (color, inscription, size, anchor. etc.)
e. .Arc of the swing DCM WILMINGTON, NC
RECEIVED JAN 14 2013
1AN 3 0 2013
"4i-?f.:-ID CITY
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
td s'
Note: for buoy or mooring piling, use are of swing including length
ofvesset.
c, Width of water body
fi 33d'
e. (i) Will naviga nal aids be required as a result of the project?
OYes No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
t d50Y
d. Water depth at waterward end of structure at NLW or NWL
8. OTHER _ ❑ This section not applicabl
a. Give complete descriplior
1�0 tknj /dj y)jj,
5( Si�*'rp�vj-03 ,
Date
Project Name
Ed LLyv4J
ApPjc�yri e r�w`'N�'/1]
Applicant Sigl0ature
RECEIVED
o � ?f113
RECEIVED
DCM WILMINGTON, NC
JAN 1 4 2013
fi 33a 04-11n I�ooy
A
RECEIVED
DCM WILMINGTON, NC
AN 14 2013
i&)u /Iflk4iW
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F&S Marine Contractors, Int.
Complete Marine Construction Services
For Over 37 years!
CAPT. ED FLYNN — }- DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 email: e"msn.com
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RECEIVED
JAN 3 0 29`
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F&S Marine Contractors, Inc.
Complete Marine Construction Services
For Over 37 years!
CAPT. ED FLYNN DURWOOD SYKES
Piers, Floating Docks, Pilings, Piiillings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 email: efly@msn.com
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DCM WILMINGTON, NC
JAN 1 4 90113
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ACK LINE
J,
w LOCATION MAP
m NOT TO SCALE
5URVEY REFERENCE
MAP BOOK 41 PAGE 235
DEED BOOK 4964 PAGE 2045
NOTE: TH15 LOT 15 LOCATED
IN ZONES AE (14) F VE (15)
COMMUNITY ID # 375347
MAP # 37203 17800 j
DATED: APR1L 3, 2006
BOAT BASIN
NNW LINE TABLE
LINE
LENGTH
BEARING
L I
57.90
51 1 °2412911E
L2
71.22
504° 1 7' 1 2"E
L3
34.09
503037-03"W
14
44 4.4 1
Sl19°d I �qC"IAl
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LJW57
RECEIVED
DCM WILMINGTON, NC /6T _
JAN 1 4 2013 G
F&S Morfoe Coofroetoro, Inc.
Complete Marine Construction Services
For Over 37 yearsl
RECEIVED
CAPT. ED FLYNN DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 email: e8y®msn.com
>o
DCM Coordinator: O ot- .[( Permit #:
MAILING DISTRIBUTION SHEET
Permitee:_e ol,),4-
DCM Field Offices
Elizabeth City ork plan drawings)
Morehead City r
Wason�
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
ave Tim
Cultural Resources:
Renee Gledhill -Early or vironmental.review@ncdcr.gov
Public Water Supply:
ebra Beno WIR
Jo A ite (WARD)
Marine Fisheries:
r/
anne H ✓
NC DOT:
end
Shellfish Sanitation:
attilP Fowler
State Property: im Walt ��
P �Y�
Water Quality: Hi ins (Raleigh)
John Hennessy
Washington: Amy Adams
Wilmington: Joann is - 401 ✓
�Cobum - 401
Linda Lewis - Stormwater
Wildlife Resources: aria Dunn (WARD) ✓
Coastal Management: Ronda Bennett
LPO:
Fax Distribution: Permitee #:
Agent #:
NEW
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
Robert Barnhill
501 Shady Circle Drive
Rocky Mount, N.C. 27803
Dear Sir or Madam:
Braxton C. Davis
Director
February 28, 2013
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 permit form. 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.
P i Sincerely,
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 Opporlunity IAf mnatve Action Employer
v
J
F car S Marine Contractors Inc.
P. 0 Box 868
Wrightsville Beach, N.C. 28480
Phone/fax 910-256-3062
10 Tan. 2013
NCDENR
Wilmington, N.C.
Capt. Ed Flynn
Durwood Sykes
email: efly@msn. com
The enclosed CAMA Major Permit application for Mr. Rob Barnhill, 51 Pipers
Neck Rd., Wilmington, N.C. 28411 is to redeck an existing fixed pier, install a
new 10'x40' floating dock and new boatlift. The proposed facility will
accommodate four vessels and is for the applicants' family use.
The new structure is within the 15' corridor line setbacks and is 10' closer
to shore than the current dock.
RECEIVED
RECEIVED DCM WILMINGTON, NC
JAN 14 2013
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Robert Barnhill
2. LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle
Sound, on Figure Eight Island, New Hanover County.
Photo Index— 2006: 24-7408, N, 5 2000: 24-311, J, 21 1995: 24-292, L-13
State Plane Coordinates - X: 2373946 Y: 185551
Latitude: 34015'12.27531"N Longitude: 77045'45.29724"W
3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-011613A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01/16/2013
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 01/14/2013 (Completed)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington -New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — None
Planned — NA
(F) Type of Structures: Existing — Single-family house, new timber bulkhead, private pier,
floating dock and boatlift.
Planned — New floating dock and boatlift
Source — N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nRFnrFn FII I Fn OTHFR
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
596 sq. ft.
(Incorporated)
(C) Other (Highground)
(D) Total Area Disturbed: 596 sq. ft. (0.013 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to allow for reconfiguration of an existing docking
facility into Banks Channel.
RECEIVED
,JAN 3 0 2013
DCM-MHD CITY
Robert Barnhill
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel
and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of
Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW)
and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right
on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and
then take a left onto Pipers Neck Road and continue until you reach the property of interest which will
be located on the right at the end of the cul-de-sac.
The property borders a man-made bay located on the southern end of the island, which connects to
Banks Channel and Middle Sound. The applicant is currently in the process of construction of a new
two story single-family residence on the property, which the applicant received CAMA Minor Permit
No. 12-28 on 08/6/2012 through the New Hanover County Planning and Inspections Department for
the authorization. The lot is approximately 0.568 acres in size and averages 9' above normal high
water (NHW). Upland vegetation on the property currently consists of wild grasses and ornamental
landscaping. The approximately 249linearfeet of shoreline frontage is currently stabilized by a new
timber bulkhead, recently authorized under CAMA General Permit No.60671 on 8/15/2012. Located
at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands
consisting primarily of smooth cordgrass (Spartina altemrflora), measuring approximately 30' in width.
Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is
approximately 15' in width.
The applicant also currently maintains an existing private docking facility within the bay. An existing
access pier extends into the bay, measuring approximately 28' in length by 6' in width, which then
terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16'
in width. An access ramp leads from the platform onto a floating dock, measuring approximately 20'
in length by 8' in width, which runs perpendicular to the shoreline. There is an existing boatlift,
measuring approximately 13' in length by 13' in width located on the southern side of the existing
floating dock. The existing docking facility currently accommodates up to two (2) vessels (See Sheets
1 through 5 of 5).
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high
ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are
classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery
Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel.
The existing floating dock and boatlift would be entirely removed and replaced with a new floating
dock, measuring approximately 40' in length by 10' in width, which would now run parallel to the
shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on
the most southern side of the proposed floating dock. The proposed new floating dock and boatlift
would provide docking space for up to four (4) vessels. The application states that the existing water
depth in the area of the proposed docking structures would be approximately -6.0' at normal low
water (NLW) (See Sheets 1 through 5 of 5).
RECEIVED
Robert Barnhill
Page 3
10. ANTICIPATED IMPACTS:
The proposed structures would incorporate approximately 596 sq. ft. of Estuarine Waters and Pubic
Trust Area, essentially within an area currently usurped by the existing docking structures. The
proposed structure would extend approximately 66' into a waterbody, which measures approximately
330' across. This distance would conform to both the 1/4 rule and the established pier lengths. The
proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area
requirement. Minor increases in turbidity should be expected during construction.
Submitted by: Robb Mairs Date: 01/24/2013 Office: Wilmington
DIVLSION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Robert Barnhill COUNTY: New Hanover
PROJECT NAME: Barnhill Dock Redesign
LOCATION OF PROJECT: 51 Pipers Neck Rd., adjacent to Banks Channel, on Figure 8 Island
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-14-13
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Mairs
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE RECD: 1-28-13
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO: H y-a
C) 75 DAY DEADLINE: I��
MAIL OUT DATE:1-25-13
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: n/a
To Be Forwarded: n/a
f 7I.`yY 7 Cal Ii�7 ii � (�1 �11:�1I �u I I►CtSf ��7►1
FEE RECD: $250.00
END OF NOTICE DATE: 2-18-13
DEED RECD: YES 7
ON: JX1117
150 DAY DEADLINE:
STATE DUE DATE: 2-18-13
FED COMMENTS RECD:
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO/
NOTES
Coastal Management - Regional Representative
- S 13
✓
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section
Division of Water Quality
1 -1 Q,-t3
Storm Water Management (DWQ)
State Property Office
-14 - 13
✓
Division of Archives & History
] S- 13
Division of Environmental Health
/
Division of Highways
Wildlife Resources Commission
-'� - 13
✓
Local Permit Office
Division of Marine Fisheries
Corps of Engineers
p,,,� ;-1�-13
Project Name
Assigned to 6,k-? ( I
44"/f
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
1 rJ IV
T.
Written approval from DWQ iss n required for this project.
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director _ Secretary
January 25, 2013 �ti oV
MEMORANDUM: ti R�"�v�.E�;on
TO: Maria Dunn
For WIRO
INC Wildlife Resources Commission �61n, n\j
FROM: Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
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 February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs 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 1, DATE 2- 5-j30t3
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215\ FAX: 910-395-39641nternet www.nccoastalmanagement.net
An Equal Opponunily \ Alfirm five Achw Employer
J 'RECEIVED JAN 3 0 2013
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
January 25, 2013
MEMORANDUM:
TO: Christine Bouffard
LPO
New Hanover Co.
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
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 February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs 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
comme
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, NO 28405
Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer
A&
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
January 25, 2013
MEMORANDUM: S�airsh ' J f �a
TO: Shannon Jenkins
NH DEH �Sacro`°ation�
Shellfish Sanitation Section
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
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 February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs 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.
FcY
SIGNED khy"d 7 DATE /- Z$--13
RECEIVED
127 Cardinal Drive Ext., Wilmington, NC 28405 ' -, 0 5 2013
Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
DCM-I,MDC;TP
'1
f
Pat McCro
Governor
Aly"AwJ�/
NCDNR
North Carolina Department of Environment and Natural R
Division of Coastal Management
Braxton C. Davis
Director
J4..+ x I Z013
John E. Skvarla, III
Secretary
January 25, 20130245
t3 -
MEMORANDUM:
TO: Renee Gledhill -Early A
Dept. of Cultural Resources
Archives & History
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Huggetf at the address above by February 18, 2013, If you have
any questions regarding the proposed project, contact Robb Mairs 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 2, LL DATE
127 Ca VW Drive Ext., W iminglon, NC 2W
Pt ", 910-796-72151 FAIN 910-3953W Intemet WWW nccoastalmanaaement.net
An EwW 0PWUW0y` A@rt No Aam Errcs ,
FEB 0 1 2013
W A j rj DISTRICT 3
a JAN 3 0 2013
CCDENR
North Carolina Department of Environment and Natural Resources RECEIVED
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 25, 2013
MEMORANDUM:
TO: Anthony Law
NC DOT
New Hanover Co.
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Dow Huggett at the address above by February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when
appropriate, in-depth comments with supporting data is requested.
REPLY: 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
xecc;ivtt7
127 Cardinal Drive Ext., Wilmington, INC 28405 FEB 0 8 2013
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanaaement.net
An Equal OpportunitylAflirmative Action Employer r`A -A ,_, CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Robert Barnhill
2. LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle
Sound, on Figure Eight Island, New Hanover County.
Photo Index-2006: 24-7408, N, 5 2000: 24-311, J, 21 1995: 24-292, L-13
State Plane Coordinates - X: 2373946 Y: 185551
Latitude:34°15'12.27531"N Longitude:77°45'45.29724"W
3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-011613A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01/16/2013
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 01/14/2013 (Completed)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington -New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — None
Planned — NA
(F) Type of Structures: Existing — Single-family house, new timber bulkhead, private pier,
floating dock and boatlift.
Planned — New floating dock and boatlift
Source — N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
`3
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
596 sq. ft.
(Incorporated)
(C) Other (Highground)
(D) Total Area Disturbed: 596 sq. ft. (0.013 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to allow for reconfiguration of an existing docking
facility into Banks Channel.
ktsCLiv6D
FEB 0 S 2013
T)CM4011D CITY
Robert Barnhill
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel
and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of
Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW)
and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right
on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and
then take a left onto Pipers Neck Road and continue until you reach the property of interest which will
be located on the right at the end of the cul-de-sac.
The property borders a man-made bay located on the southern end of the island, which connects to
Banks Channel and Middle Sound. The applicant is currently in the process of construction of a new
two story single-family residence on the property, which the applicant received CAMA Minor Permit
No. 12-28 on 08/6/2012 through the New Hanover County Planning and Inspections Department for
the authorization. The lot is approximately 0.568 acres in size and averages 9' above normal high
water (NHW). Upland vegetation on the property currently consists of wild grasses and ornamental
landscaping. The approximately 249 linear feet of shoreline frontage is currently stabilized by a new
timber bulkhead, recently authorized under CAMA General Permit No.60671 on 8/15/2012. Located
at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands
consisting primarily of smooth cordgrass (Spartina altemiflora), measuring approximately 30' in width.
Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is
approximately 15' in width.
The applicant also currently maintains an existing private docking facility within the bay. An existing
access pier extends into the bay, measuring approximately 28' in length by 6' in width, which then
terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16'
in width. An access ramp leads from the platform onto a floating dock, measuring approximately 20'
in length by 8' in width, which runs perpendicular to the shoreline. There is an existing boatlift,
measuring approximately 13' in length by 13' in width located on the southern side of the existing
floating dock. The existing docking facility currently accommodates up to two (2) vessels (See Sheets
1 through 5 of 5).
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high
ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are
classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery
Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel.
The existing floating dock and boatlift would be entirely removed and replaced with a new floating
dock, measuring approximately 40' in length by 10' in width, which would now run parallel to the
shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on
the most southern side of the proposed floating dock. The proposed new floating dock and boatlift
would provide docking space for up to four (4) vessels. The application states that the existing water
depth in the area of the proposed docking structures would be approximately -6.0' at normal low
water (NLW) (See Sheets 1 through 5 of 5).
Robert Barnhill
Page 3
10. ANTICIPATED IMPACTS:
The proposed structures would incorporate approximately 596 sq. ft. of Estuarine Waters and Pubic
Trust Area, essentially within an area currently usurped by the existing docking structures. The
proposed structure would extend approximately 66' into a waterbody, which measures approximately
330' across. This distance would conform to both the 1/4 rule and the established pier lengths. The
proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area
requirement. Minor increases in turbidity should be expected during construction.
Submitted by: Robb Mairs Date: 01/24/2013 Office: Wilmington
1. Primary Applicant) Landowner Information
Business Name _ - -
Project Name (if applicable) - - -
Applicant 1: First Name MI Last Name/I/)�.y
0 vlhu^/ /I
l
Applicant 2: First Name
MI
Last Name
It additional applicants, please attach an additional pages) with names listed.
Mailing Address 1, /
j(� SiISOY! CIUl1'. D&-
PO Box
City
1(q &wr
State
M6,
ZIP ✓fin �/
III�J
Co'utn6y
V1fN
Phone No.
- ext. 0
1,101f
FAX No.
-
Street Address (it different from above)
City -
State
ZIP
Email -
Z. Agent/Contractor Information
Business Name -
-5 C.U►tglMetTUhS G.
Agend Contractor 1: -First Name/
Last Name
Agent) Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
Re
City
A9b1`1301U9INV4
State
�C
ZIP _ .
,:
Phone No t
<.
, ,_ :.
y /
ext.
Phone No. _2_. -
ezt.
FAX No.
`?ID- -Id 3v1
Contractor #
Street Address (if different froabove)
City
-
State
71Pm
Email
<Form continues on back>
DCM WILMINGTON, NC
JAN 1 4 2013
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit '
3. Project Location
County (ran be multiple)
Street Address
State Rd. It
N 1
:5716 pae
t
Subdivision Name
City
Slate
Zip
14
l✓Y1w►iri qah
C_
B�lll
Phone No.
lot No.(s) (it many, attach additional page with list)
ext.
a. In which NC river basin is the project located?
b. Nam d of water nearest to proposed project -
y I entified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
ads OUnknown
Ifffm -L GG
work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the. proposed
NO
work fails within..
lli111 /`l
4. Site Description
a. Total length of shoreline on the tract (ft.) ^
b. Size Of entire tract Isq.ft.)
Li/
$6 8
a Size of individual lolls)
S6� ,r _ _ d. Approximate elev atiot of tract above NHW (normal high water) or
NWL (normal water vel) 4�
'
(If many lot sizes, please attach additional page with a list) NWW or QNWL /
e. vegetation on tract
I. Man-%madefeatures and uses now on tract
o5vf311Gt5
g. identify and describe the existing land uses a i cent to the proposed project site.
�L'jli9G'rV1/rl
h. How does local government zone the tract?
I. Iythe oposed project consistent with the applicable zoning?
(oning compliance certificate. if appli ble)
(:]No []NA
J. Is theproposedactivity part of an urban waterfront redevelopment proposal? ❑Yes o
k. Has a professional archaeological assessment been donefor the tract? If yes, attach a copy. QYes o. (]NA
If yes, by whom?:
s the oposed project located in a National Registered Historic District or does it involve. a ❑Yes o ONA .
rNationpall
Register listed or eligible property?
cForm continues on next page>, . RECEIVED
DCMWILMINGTON, NC
i RIJ 1 4 9913
Major Development permit
m. (1) Are therewetlands on the site? es []No
(it) Are there coastal wetlands on the site? _ •OOJY/es ❑NNoo
(ill) If yes to either (1) or (it) above, has a delineation been conducted? - ❑Yes p7NO -
(Attach documentation, if available) -
n. Describe existing wastewater treatment facilities. -
o. Describe' existing drinking water supply source.
4'0*MU*1EJ
p. Describe existing storm water management or treatment systems.
„ vl
5. Activities and Impacts
a W 1F'tNayfdje " be for cammercrai, putilicror private lose? "OoMmeroir = PubllrJGovernmenl`'' "'
- - _ rivatel6ewerwrtiFq
b. Give a brief description of purpose use, and dailyoperalions of the protect when complete.,
of
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equtpmenl and where it is to be stored. -
�h'1.Cumrrvn� #i )4n - U, 161 3'AVell vz7 slti�.
St a
RECEIVED
TON NO
0orin continues on back> AGM WILMIN -
IAN 1 4 2D13
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 fe) -. (!J are always applicable to any major development aptillcatfdn. 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
`oatwee,ntvdrn taorrt(aetdu'arkrpiroposdu.
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 only) or other instrument under which the applicant claims title to the affected properties,
a. The appropriate application fee. Check or money order made payable to DENR.
E 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 bycenifiedmail. 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 N. m—zpio Phone No. nyl_ qjV-,7 �VJ11
Address / kw r&A li I*I K,:gv)
!C6�C—`— PhoneName
AddressIJUIX06L1 4/)"21tt".
Name No.QI I� yC�1/7
Phone No.
Address - J
g. A list of previous stale or federal permits issued for work on the project tract. include permit numbers. permittee, and issuing dates.
44-MA �P do671 �sulttil S/�/ta �irwl�l�✓%)iu I
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
t.:_ AAIm1ed AFG. hazard nnl¢afjvnmiork in
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1d0), if necessaryif the project involves expenditure
of public funds or use of public lands, adach,a statement -documenting :compbance with the Norlh Carolina Environmental Policy Act,
I understand that any permit issued in response to this application will allow only the development described to the application.
The project will be subject to the conditions and restrictions contained in the permit.
1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter tan the aforementioned lands in connection with evaluating information related to this permit application and follow -pp
mdnitoiing of the grdject.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date Print Name f=cl�Nyr✓
Signature iW
Please indicate application attachments pertaining to:your proposed project: .
❑DCM MP-2 Excavation and fill Information ❑DCM MP-6 Bridges and Culvert
09CM MP-3 Upland Development RECEIVED
N(DCM MP-4 Structures Information DCM W!LMINGTON, (\IC
JAN142013
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 FACILITYJMARINA CHARACTERISTICS
a. (i) is the docking facilitylmadna:
❑commercial ❑Public/Govemment rivatelGowmuMtp
a. (1) Oock(s) and/or piers)
(if) Number 99V
LU
(iii) Length
(iv) Width
(v) Floating Dyes MNo
e. (i) Are Platforms included? Wes ONO
If yes
(ii) Number
(iv) Length / ' j rfJ( l IG�
(iv)Width 1S�ft7�j
(v) Floating Dyes N
Note: Rooted areas are Calculated from dnpline dimensions.
g. (i) Number of slips proposed
I
(ii) Numtier of slips existing
❑This section not epplica,
b. (i) Will the faci'
y be open
to the general public?
Dyes
o
d. (i) Are Finger Piers included? es ONO
If yes:
(it) Number
(iii) Length
(iv) Width
(v) Floating
es
ONO
t. (i) Are Boatlifts
included?
as ONO
If yes:
(ii)Number.
(iii)Length
�V
E
(iv) Width
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:
❑ at tamp(s): number of boat ramps:
Other, pleaase describe:
69
i. Check the proposed type of siting:. j.. Describe the typical boats to be served (e.g., open runabout.
❑ Land cut and access channel charter boats, sail boats. mixed types).
❑ Q n water: dredging for basin and/or channel ' f gYqob-
n water: no dredging required
❑Other, please describe;
k. Typical boat length: W
m, (i) Will the la ity have tie pilings?
❑Yes No
(it) It yes number of de pilings?
L (i) Will the faciloe
open tothe general public?
Dyes
RECEIVED
DCNI WILMINGTON, NC
JAN 1 4 2013
All
�2 DOCKING FACItITYIMARINA OPERATIONS
a. Check each of the following sanitary facilities that will be included in the prop
j] office Toilets
[]Toilets for patrons: Number: ; Location:
0 Showers
❑ Boatholdjng tank pumpout Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater
c. Describe the disposaf of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
a. (i) Give the location and number of 'No Sewage Discharge's signs proposed.
(it) Give the location and number of'Pumpout Available' signs proposed.
project.
section not appficabli
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 Bushing?
RECEIVED
I. if this project is an expansion of an existing marina. what types of services are currently provided? DGM WILMINGTON, _NC
m.Is the madnaldocking facility proposed within a primary or secondary nursery area?
OYes ONo
n. Is the marinafdocking facility proposed within or adjacent to any shellfish harvesting area?
Oyes ONo
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SR). or other wetlands (W L)? if any boxes are checked, provide the number of square feet affected.
OCW _ _ OSAV Oss
OWL ONone
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? OYes . ONo
if yes. give the name and address of the leaseholder(s), and give the proximity to the lease. -
3. BOATHOUSE (including covered lifts) Vrhis section not applicabr
a. (i) Is the boathouse structure(s):
OCommercial ❑Public/Government OPrivate/Community
(if) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from daphne dimensions. ,
i q, uR0/N (e.g., wood. sheetpile, etc. if a rock groin, use MP•2. Excavation and Fill.l Whis section not applicabr
a. (i) Number.
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood. sheetpile, etc.) &this section not applicabr
a- Length _ —� b. Average distance from NHW. NWL. or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS r 11W This section not applicabl
a. Is the structure(s):
oCommercial ❑Public/Government OPnvateiCommunity
C. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present
e. .Arc of the swing
rRf UIVc"D
FEB-0 8 mil
b. Number
d. Description of buoy (color, inscription. size, anchor. eta)
I}CM WILMINGTON, NC
JAN 1 4,2013
7. GENERAL
a. Proximity ofslruclure(s) to adjacent riparian property lines
-ta 5-/
Note: for buoy or mooring piling, use arc of swing including length
of vessel.
c. Width
33a water body
e. O Will nawga net aids be required as a result or the project?
.OYes No [jNA
(ii) If yes, explain what type and how they will be implemented.
a.
ID �00
Date
Projectt Name -
Ed
Pppjaj�r+r a
Applicant Sig eture
b. Proximity of structure(s) to adjacent docking facilities.
70'- as6
d. Water depth at waterward end of structure at NLW or NWL
slhbi
❑This section not applicabl
IIAL RECEMD
FEB 0 8-2013
a;
))CM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
JAN 1 4 2013
{ I/
F & S Marine Contractors Inc.
P. 0 Box 868
Wrightsville Beach, N. C. 28480
Phone/Fax 910-256-3062
10 Tan. 2013
NCDENR
Wilmington, N.C.
Capt. Ed Flynn
Durwood Sykes
email: efly@msn. com
The enclosed CAMA Major Permit application for Mr. Rob Barnhill, 51 Pipers
Neck Rd., Wilmington, N.C. 28411 is to redeck an existing fixed pier, install a
new 10540' floating dock and new boatlift. The proposed facility will
accommodate four vessels and is for the applicants' family use.
The new structure is within the 15' corridor line setbacks and is 10' closer
to shore than the current dock.
BECEIVEI)
FEB 0 8 2913
RECEIVED
DCM WILMINGTON, NC
JAN 14 2013
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs
1&)U11#40
sI Rpiw, yak
�.%1mtn�ilM/ l�L
zByN
�sPfOL
FsS Marine Contractors, Inc.
Complete Marine Construction Services '
For Over
jr3337('yearsl
CAPT. ED FLYNN -{- DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
/ - Boat Lifts, House Pilings, Repairs
(��J7 P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 email: efly®msn.com
I
Use
r 33o, W4-)Isx B0
3'
RECEIVED
DCM tNILMINGTON, NC
J JAN 14 20Q
/o J^ 13
L=w
LittFaar�a �b►4
SI �� �1
wy1►j4j9fI7&1) 9161
Z/-
-T,
d
�M
C)
4�
-G
w
VV) i
F&S Marine Contractors, Inc.
Complete Marine Construction Services
For O`vjerrr 337(lyears!
CAPT. ED FLYNN —}— DURWOOD SYKES
Piers, Floating Docks, Pipings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 email: eflyOmsn.com
Jb1� 90'Y/tiX7
4 � .�
NICOa
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n
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a N� LA t>uar u�oz
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' uidT vie OV3MA1t1B 6� f$i1 ]n ai10Z
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�.� •�� Mtn =�� {p q+
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9V L S-•N t W' T A � M� p`e` qaq
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ill
RECEIVED
RECEIVED
DCM WII.MINfTnN, NC
JAM 1 4 %0i3
Y 5UPERVI51ON:
WFUTER
:OM
Of
.SIGNATURE,
e�
N
00,
WOODEN
WALKWAY
9
'ATION AT
W
4CK LINE
A99
o
w LOCATION MAP
NOT TO 5CAUE
5URVEY REFERENCE
MAP 500K 41 PAGE 238
DEED BOOK 49G4 PAGE 2045
NOTE: TH15 LOT 15 LOCATED
IN ZONE5 AE (14) 4 VE (15)
COMMUNITY ID d 375347
MAP N 37203178X j
DATED: AML 3, 200r
BOAT BASIN
NHW LINE TABLE
LINE
LENGTH
BEARING
L 1
57.90
51 1 °24'29"E
L2
71.2 2
SO4° f 7' 12"E
L3
34.09
503°37'03 W
14
44 44 I
Snq°d 1 -Rr_Nei
to j /AT 13
y'rT'
Le
RECEIVED
FEB 0 8 2013
DCM-MHD C7TY
7
RECEIVED
dCM WIl MfNGTCN, NC %b T
JAN 1 4 2013 L-
FSS Marion Contractors, Inc.
Complete Marine Construction Services
For Over 37 years!
CAPT. ED FLYNN DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NO 28480 small: efly®msn.com
01-25-'13 14:08 FROM -DENS Wilmington 910-350-2004
T-603 P0002/0003 F-959
Pat McCrory
Governor
January 25, 2013
N IE R
North Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
TO: Mark Zeigler
WiRO
Division of Community Assistance
J'H
Resources
John E. Skvarla, III
Secretary
FROM: Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave,, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to DoW HM_ge at the address above by February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when
appropriate, in-depth comments with supporting data is requested.
REPLY: x . _ 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 M AV44 � DATE i / Z S / /,?
127 Cardinal Drive Ext., WInnington, NC 28405
Plane: 910-796-72151 FAX: 9104954W Internet: www.naoastalmana0ement.net
An Equal oWoduniry 1 Afircna6ve Acton Employer
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
January 25, 2013
,,r' RECL-iVED �L-8$..i,f�f y • y.-
MEMORANDUM: x%
FEB 04 W3 AN
TO: TO: Dan Sams
District Manager
Division of Land Resources nc�t-MHncTr�'
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
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 February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs 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 L� — 1 : 1 / DATE J..o z5 )zp 13
127 Cardinal Drive Ext., Wilmington, INC 28405
Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net
An Equal Oppommaly t Affirmative Action Employer
A� l
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
January 25, 2013
MEMORANDUM: ✓ *ZS VED
TO: Debra Benoy ? f ?413 v
District Manager
Public Water Supply
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
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 February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs 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. % 1
SIGNE04 � 1GX ( Giiri !% DATE /o�� �3
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-39641nternet: www.nccoastalmana.gement.net
An Equal Opportunity \ Affirmative Action Employer
AMA �t
��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Braxton C. Davis John E. Skvada, III
Governor
Director y93031,7 ? Secretary
January 25, 2013
v
s
MEMORANDUM:
e4V:1AM 13
TO:
Tim Walton
Dept of Administration 0,
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 Major Permit Application Review
Applicant:
Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
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 February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when
appropriate, in-depth comments with supporting data is requested.
REPLY: T s 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, NC 28405
Phone: 910-796.7215 \ FAX: 910395-3964 Internet: www riocoastalmanacement net
An Equal Opponuniry \ AKrmative Achm Employer
Iloilo
2012010161
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H NACNEISH
NEW HANOVER COUNTY. NC
2512 MRR 29 01.35:50 PM
BK:5629 PG 29-32 FEE $26.00
K REV STPMP:$3,070.00
INSiRU1EN11 K110161
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 3 l U-) d 1111C S ,
Parcel #R05207-002-029-000
Prepared by: W. A. Raney, Jr., Attorney at Law, P.O. Box 1049, Wilmington, NC 28402. The
preparer has not examined the title to the property described hereinbelow.
RETURN TO
Return to: $48L&&JtH0DENHINER
Brief description for the Index: Lot 51R, Block B, Section 11, Figure Eight island
NORTH CAROLINA
NEW HANOVER COUNTY
RECEIVED
DATE: March, 2012 CCM WILMINGTON, NC
GRANTOR: FRANK D. GORHAM, M and wife, RAMSAY GORHAM JAN 14 2U 13
ADDRESS: 142 Beach Road South, Wilmington, NC 28411
GRANTEE: PIPERS NECK, LLC, a North Carolina Limited Liability Company
ADDRESS: 501 Shady Circle Drive, Rocky Mount, NC 27803
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
rR�t;ii1VED
'FEB 14 2013
RETURN TO
SIWEL & RHODENHISFR
WITNE.SSETH:
THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple all of that certain lot or parcel of land situated in Hamett Township, New
Hanover County, North Carolina, and being more particularly described as follows:
BEING all of Lot 51R, Block 'B", Section 11, of the property of
The Figure Eight Island Company as shown by map thereof recorded
in Map Book 41 at Page 238 of the New Hanover County Registry.
TOGETHER WITH a right-of-way in common with others over,
through or upon streets and walks shown on the above referenced
trap, and any and all existing streets and walks providing access to
this tract.
SUBJECT TO all the terms and conditions contained in Restrictive
Covenants recorded by The Figure Fight Island Company in Book
933, at Page 286 of the New Hanover County Registry, reference to
which as well as the map hereinabove referred to is hereby made.
The property hereinabove described was acquired by Grantor by instrument
recorded in Book 4964 at Page 2045, New Hanover County Registry.
All or a portion of the property herein conveyed _ includes or X does not
include the primary residence of a Grantor.
A map showing the above described property is recorded in Map Book 41 at Page
238, New Hanover County Registry.
TO HAVE AND TO HOLD the aforesaid hx or parcel of land and all privileges
and appurtenances thereto belonging to the Grantee in fee simple.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises
in fee simple, has the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that Grantor will wan -ant and defend the title against the lawful
claims of all persons whomsoever, other than the following exceptions: the lien of applicable ad
valorem taxes for the current year and subsequent years; easements and restrictions of record; and
any low, county, state, or federal laws, ordinances, or regulations relating to zoning, environment,
subdivision, occupancy, use, construction, or development of the subject property, including
existing violations of said laws, ordinances, or regulations; and any public rights to use of the dry
sand area of the ocean beach. except that the Grantor does not warrant any portion of the
property lying below the mean high water line of tidal waters.
RECEIVED
DCM WILMINGTON. NC
JAN 14 �0'i3
,
W WITNESS WHEREOF, the Grantor has duly executed the foregoing a, of the
day and year first above written.
i e<* n f' G~j rrM (SEAL)
Frank D. Gorham, III
j
~/lazl lk�f2 (SEAL)
Ramsay GOTOM
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, the undersigacd Notary Public of the County of We( onl n-h
and State aforesaid, certify that FRANK D. GORHAM, IQ and wife, RAMSAY ORHAM
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and Notarial stamp or seal, this ) ! day of March, 2012.
Ja me i
J Notary Public
Not s Printed or Typed Name
wARXRFAMoRRo5 -vs-NMI
km
RECOVED
RLUI V D DCM WILMINGTON, NC
JAN 14 N113
13
2.
3.
5.
7
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Robert Barnhill
LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle
Sound, on Figure Eight Island, New Hanover County.
Photo Index — 2006: 24-7408, N, 5 2000: 24-311, J, 21 1995: 24-292, L-13
State Plane Coordinates - X: 2373946 Y: 185551
Latitude: 34015'12.27531"N Longitude: 77045'45.29724"W
INVESTIGATION TYPE: CAMA ROVER FILE # - 0-011613A
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01 /16/2013
Was Applicant Present — No
PROCESSING PROCEDURE: Application Received — 01/14/2013 (Completed)
Office — Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington -New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Depende
(D) Intended e: Private
(E) Wastewater reatment: Existing — None
Planned — NA
(F) Type of Structures: Existing — Single-family house, new timber bulkhead, private pier,
floating dock and boatlift. -�,
Planned — New floating dock and boatl+ft�
Sour a -NIA
(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
596 sq. ft.
Incor orated
(C) Other (Highground)
A Total Area Disturbed: 596 sq. ft. (0.013 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to allow for reconfiguration of an existing docking
facility into Banks Channel
Robert Barnhill
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel
and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of
Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW)
and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right
on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and
then take a left onto Pipers Neck Road and continue until you reach the property of interestwhich will
be located on the right at the end of the cul-de-sac.
The property borders a man-made bay located on the southern end of the island, which connects to
Banks Channel and Middle Sound. The applicant is currently in the process of construction of a new
two story single-family residence on the property, which the applicant received CAMA Minor Permit
No. 12-28 on 08/6/2012 through the New Hanover County Planning and Inspections Department for
the authorization. The lot is approximately 0.568 acres in size and averages 9' above normal high
water (NHW). Upland vegetation on the property currently consists of wild grasses and ornamental
landscaping. The approximately 249 linear feet of shoreline frontage is currently stabilized by a new
timber bulkhead, recently authorized under CAMA General Permit No.60671 on 8/15/2012. Located
at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands
consisting primarily of smooth cordgrass (Spartina altern fora), measuring approximately 30' in width.
Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is
approximately 15' in width.
The applicant also currently maintains an existing private docking facility within the bay. An existing
access pier extends into the bay, measuring approximately 28' in length by 6' in width, which then
terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16'
in width. An access ramp leads from the platform onto a floating dock, measuring approximately 20'
in length by 8' in width, which runs perpendicular to the shoreline. There is an existing boatlift,
measuring approximately 13' in length by 13' in width located on the southern side of the existing
floating dock. The existing docking facility currently accommodates up to two (2) vessels (See Sheets
1 through 5 of 5).
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high
ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are
classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery
Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel.
The existing floating dock and boatlift would be entirely removed and replaced with a new floating
dock, measuring approximately 40' in length by 10' in width, which would now run parallel to the
shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on
the most southern side of the prop mg oc . Th proposed new floating dock and boatlift
FF �L would provide docking space for four (4) vessels. Th application states that the existing water
1�1 depth in the area of the proposed ructures Id be approximately -6.0' at normal low
water (NLW) (See Sheets 1 through 5 of 5).
Robert Barnhill
Page 3
10. ANTICIPATED IMPACTS:
The proposed structures would incorporate approximately 596 sq. ft. of Estuarine Waters and Pubic
Trust Area, essentially within an area currently usurped by the existing docking structures. The
proposed structure would extend approximately 66' into a waterbody, which measures approximately
330' across. This distance would conform to both the 1/4 rule and the established pier lengths. The
proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area
requirement. Minor increases in turbidity should be expected during construction.
Submitted by: Robb Mairs Date: 01/24/2013 Office: Wilmington
DCM MP-1
APPLICATION for
Major Deaeloint Permit
(last rovised 12/27J06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant! Landowner Information
Business Name -
Project Name (if applicable) - - - -
Applicant 1: First Name MI Last Name
;id 6 Vihll;Il
Applicant 2: First Name
MI
Last Name
if additional applicants. please attach an additional page(s) with names listed.
Mailing Address
Sal5-Anv7 Ciuld Da.
PC Box
City
aak,INnu,�T
State
X/yC,
ZIP
Of I D�3
Country
WR
Phone No.
p�S� ext.
FAX No_
Street Address (it different from above)
City
State
ZIP
Email
2. Agent/Contractor Information
Business Name
Agent/ Contractor 1: First Name
tA
Last Name
Agentl Contractor 2: First Name
MI
Last Name
Mailing Address
PO Boxg
I/l7v/
City 1�
N'ro�
State
SAT/'
ZIP _ -.
-
Phone _No.lf)
Phone No, 2 -. .
FAX No.
qiD-as��3�1
Contractor p
Street Address (if different from above)
City -
State
ZIP --
Email '
effyeNA'
REGE-iF11-n
DCM WILMWGTQN. NC
<Form continues on back>
JA.N 14 1013
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
_
State Rd. It
N� lam-
sl , Leta
t�
Subdivision Name
�j6
Ciry
G/,lw►rn
�,
Stale
C
Zip
S'fl/
Phone No.
Lot No.(s) (itmany, attach additional page with list)
ext.
a. In which NC river basin is the project located?
b. Name of bod of water nearest to proposed project -
C. Is twwater y i entiried in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
atural ade ❑unknown
e. Is sed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
es [:)No
r
worrk1k falls within.
IrL/,
lintlY1C' I ' j
4. Site Description
a. Total length of shoreline on the tract (ft.) ^
b. Size of entire tract (sq.ft.)
G_T/
s(i O &Ad(J
c. Size of individual lot(s) t d. Approximate elevatiop of tract above NHW (normal high water) or
NWL (normal water vel) 4J#
(It many lot sizes, please attach additional page with a list) NHW or ❑NW L
e. Vegetation
�on�tract
s t' */
I. Man-made features and uses now on tract
5 1� 16tiliI 205405WL5
g. Identify and describe the existing land uses adjacent to the proposed project site.
%2L'f/d�19�
h. How as local government zone the tract? i.
Is the roposed project consistent with the applicable zoning?
(Alt In zoning compliance certificate. its ble)
Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o
k. Hasa professional archaeological assessment been donefor the tract? 11 yes, attach a copy. ❑Yes - o (]NA
If yes, by whom? -
I. Is the project located in a National Registered Historic District or does It involve a ❑Yes o ❑NA
National Register listed or eligible property?
<Form continues on next page>.. RECENED
DCMWILMINGTCN, NC
���1 4 `1013
E
Major Development Permit
On. (1) Are there wetlands on the site? ❑No
(11) Are there coastal wetlands on the site? _ Yes ,❑NNOO
(ill) If yes to either (1) or (II) above, has a delineation been conducted? (:)yesp o
(Attach documentation, It available)
n. Describe existing wastewater treatment facilities.
S►y sL��sysr�
o. Describe existing drinking water supply source.
o lie iK
p. Describe existing storm water management or treatment systems.
noAte h OrF
S. Activities and Impacts
"a.`. rN'tlfe pibf6 -6e for coitime vial; puFiffcrUr•(iHvaTe use?` °- ' - inmerciaG ' Publir'JGovernment
.. rivatel6ern01%W." -
b. Give a brief description oflpurpos� use, and daiI pera(ions of the project when complete.
� r� AM " �J �oL/tr� �G�l/r� {v,L f�nf/L> �NrwYly 12tn/nt�
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.
rwt.!,GuKn'r Gnvn #tint 14 J 076-, 7b oe 7A"eT
d. LW all development activities you propose.. - - -
TZc Ac �'7onple Pm AvX,,ie�V NL /b
Ad
- -
a. Are the proposed activities maintenance of an existing project, new work. or both?.
t ,"
Ivew
I. What is the approximate total disturbed land area resulting from the proposed project? O —
❑Sq.FI or OAcres
g. Will the proposed project
that the public has established
encroach on any public easement, public accessway or other area ❑Yes WNo
use of?
ONA
h. Describe location and type of existing and proposed discharges to waters of the state.
Nbu�
I. Will wastewater or stormwater be discharged Into a wetland?
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes LJFNo
❑Yes ❑N
❑NA -
❑NA
I. -It thatis any mill4stion proposed?'
- If yes, attach a mitigation proposal. - -
--
RECEIVED
<Form continues on back> DGM WILMINGTON, NC
JAN 1 4 2013 .
Major Development Permit
6. Additional Information
In addition to this canpleted application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (Q are always applicable to any ma/or development application. Please consult.the application - -
instruction booklet on flow to properly 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
"obtaaerradrn corn{neMrrarkrproposdu.
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 only) or other instrument under which the applicant claims floe to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. 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 /� )O ZA/ / �Ls�, �j/ Phone No. irk pJIV-17V I q
Address(l'7 'P)P )1W . LO I/*J { � ;7gyj J G 7 3 q .J
Name L�LL�f C�dr/<�/,��f /9- f—t,'F� PhoneNo.q/n_G./-'b//
Address l/15'Ul�'l�dLjlr'r - Vdi'21% w LL+_,{!�/L / CJ O
Name - �/y Phone No.
Address
g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers. pennitlee, and issuing dates.
eifi iq &P ad64`71 -1-sufy ahria-6Wµ1'XP4UO1i;D
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
i._.Atinngd AFr:.ha>arn:r»drwfnr. nminrtc in nrcan[rnnr.arirtitIp! ?:aac.e!! .---•-----.r=-^- - -^-
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project involves expenditure
of puW funds or use of. public lands. attadi a statement,documenting compliance ygth the.Norlh Gazolma Environmemal Policy
7: Cart/ficationand Perrnission to inter 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 & :�irrt. 01013 {
Print Name ��ut/r✓
Signature
Please indicate application attachments pertaining to yourproposed project:
❑DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts
YM MP-3 Upland Development RECEIVED
M MP-4 Structures Information DCM WILMINGTON, NC
JAN 1 4 2013 -
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 facilitylmarinw
❑Commercial ❑Public/Govemment V dvatelCowmually
c. (1) Dock(s) and/or pier(s)
(A) Number
(iii)Length /
(iv) Width 461
J/
(v) Floating ❑Yes O/No /
e. (I) Are Platforms included? Wes ONO
If yes:
(if) Number n
(iii) Length I/�•
(iv)Width L Cyls>r�
(v) Floating OYes
Note: Rooted areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
(it) Number of slips existing
is Check the proposed type of siting:
❑ Land cut and access Channel
❑ water; dredging for basin and/or channel
n water; no dredging required
❑Other, please describe:
k. Typical boat length:
in. (I) Will the fa ity have tie pilings?
❑Yes No
(ii) If yes number of be pilings?
❑This section not applicar
b. (i) Will the faci'
y be open to the general public?
❑Yes
o
d. (i) Are Finger Piers
included? Ves ONO
If yes:
(ii) Number
_T
(fii) Length
(iv) Width
tos
(v) Floating
❑NO
f. (i) Are Boatlills
included?
p�'es ONO
If yes:
(ii) Number
r
V
(iii) Length
-1
Qv) Width
11—
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 rwet slips) only, number of slips: _
❑ Dry storage; number of boats:
❑ at tamp(s): number of boat ramps:
Other, please describe:
fO d
j. Describe the typical boats to be served (e.g., open runabout.
charter boats. sail) boats... mixed types).
OAM et
I. (i) Will the facikl a open to the general public?
❑Yes o
RECEIVED
DCM WILMINGTON, NC
JAN 14 2013
Z DOCKING FACILITY/MARINA OPERATIONS ' L / J IVAis section not applicabit
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons: Number. ._ location:
❑ Showers
❑ 9oatholding 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.
(Il) Give the location and number of 'Pumpoul 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 safely measures planned to protect area water quality.
j. What will be the marina policy. on overnight and live -aboard dockage?
Jr. Describe design measures that promote boat basin flushing 1
RECEIVED
I. If this project is an expansion of an existing marina. what types of services are currently provided? DCM WILMINGTON,.NC
m. is the marinaldocking facility proposed within a primary or secondary nursery area?
OYes ONo
M. is the mannaidocking facility proposed within or adjacent to any shellfish harvesting area?
Oyes ONO
o. is the marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(Sit), or other wetlands (W L)? If any boxes ere checked, provide the number of square feet affected.
OCW OSAV OSS _
OWL QNone
p. Is the proposed marinatdoclung facility located within at within close proximity to any shellfish leases? OYes ONO
it yes,.give the name and address of the leaseholder(s), and givethe proximity to the tease.
3. BOATHOUSE (including covered lifts)
a. (i) Is the boathouse structure(s):
OCommercial ❑PubliciGovernment OPrivatelCommunity
(ii). Number
fill)Length
(w) Width
Note: Roofed areas are calculated from dnpline dimensions.
4. GROIN (e.g., wood, sheelpile, etc. if a rock groin, use MP 2, Excavation and Fill.)
a. (i) Number T
(ii) length
(iii) Width
3. BREAKWATER (e.g., wood, sheetpile, etc
a. Length b. Average distance from NHW. NWL, or wetlands
C. Maximum distance beyond NHW. NWL or wetlands
section not applicabr
section not applicabr
YThis section not applicabr
6 MOORING PILINGS and BUOYS IZThis section not applicabr
a. IS the structure(s): b. Number
[]Commercial OPubliciGovemment ❑PnvatelCommunity
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
RECEIVED
e. .ArcotthesMng DCM WILMINGTON,.NC
JAN 1.4 2013
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
fa J /
Note: For buoy or mooring piling.use arc of swing including length
of vessel
c. � 3 of water yater body
e. (i) Will naviga net aids be required as a result of the project?
❑Yes J ONA
(ii) If yes, explain what type and how they will be implemented.
ID ;b1J_
Date
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at waterward end of structure at NLW or NWL
❑This section not applicabl
RECEIVED
DCM WILMINGTON, NC
1AN 1 4 2013
{
F d .5 Marine Contractors, Inc.
P. O Box 868
Wrightsville Beach, N.C. 28480
Phone/Fax 910-Z56-3062
10 Tan. 2013
NCDENR
Wilmington, N.C.
Capt. Ed Flynn
Durwood Sykes
email: eflytDmsn. com
The enclosed CAMA Major Permit application for Mr. Rob Barnhill, 51 Pipers
Neck Rd., Wilmington, N.C. 28411 is to redeck an existing fixed pier, install a
new 10'x40' floating dock and new boatlift. The proposed facility will
accommodate four vessels and is for the applicants' family use.
The new structure is within the 15' corridor line setbacks and is 10, closer
to shore than the current dock.
RECEIVED
DCM WILMINGTON, NC
JAN 14 2013
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs
sI f 16 IVA
(�i1min�rl7rhl g %l�jL
I q]
sc�P z
SGPc
�$p°aL
FaS Marine Contractors, Inc.
Complete Marine Construction Services
For Over
337(`years!
CAPT. ED FLYNN —}- DURWOOD SYKES
Piers, Floating Docks, Pipings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 email: e8y®msn.com
r 6 1
sUP� Nlw -lv*Faow'
11141 0#f6Fr
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A
/.1' RECEIVED
DCM WILMINGTON, NC
)AN 1 4 2013
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FB,S Marine Contraetors, Inc.
Complete Marine Construction Services
For Over 37 years!
CAPT. ED FLYNN DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box $68 Phone/Fax: (910) 256-3D62
Wrightsville Beach, NC 28480 email: efly@msn.com
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UO MAP BOOK 4 I PAGE 238
�i tiS DEED BOOK 4964 PAGE 2045
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j \ COMMUNITY ID 375347
f MAP / 37203178W800 j
DATED: APR1L 3, 2006
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RECEIVED
DCM WILMINGTON, NC /b-f1
JAN 14 10i3 G /3
F&S Marine Contractors, Inc.
Complete Marine Construction Services
For Over 37 years)
CAPT. ED FLYNN DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NC 28480 small: efiy®msn.com
Recommendations for State Permit — Robert Barnhill
The total area of floating dock and platform was calculated as follows:
Shoreline length = 249' x 8 sq. ft. = 1,992.4 sq. ft. allowable
Proposed floating dock = 40' x10'= 400 sq. ft.
Existing uncovered platform = 16' x 16' = 256 sq. ft.
Total = 666 sq. ft.
01 /24/213
The reconfiguration would continue to provide docking space for the total up to four (4) vessels at this location.
It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including
the %width rule, the eight square foot rule and the pier width rule. The proposed structures would be located
entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is
recommended that any permit issued should include the following conditions:
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 pierhead line.
4. The permiftee 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.
5. In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
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.
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.
8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be
moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel
types, including but not limited to motorboats, sailing vessels and personal watercraft.
9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorization which 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. RECEIVED
JAN 3 0 2013
DCtYi-MIM C'.TY
Howell, Jonathan
From: Timpy, David L SAW [David.L.Timpy@usace.army.mill
Sent: Tuesday, February 05, 2013 3:40 PM
To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan;
Spencer, Thekla M SAW
Subject: Robert Barnill, SAW-2013-00240, CAMA Major App, GP56
Reference the application submitted by Robert Barnhill to reconfigure an existing
private docking facility at 51 Pipers Neck Rd, adjacent to Banks Channel, Figure 8 Island, in
New Hanover County, North Carolina.
Based on the referenced application, the proposed docking facility reconfiguration
meets the terms and conditions of GP197800056 (Docks and Walkways, GP56) provided the
applicant obtains the required CAMA permit and complies with the terms and conditions of the
CWA Section 401 Water Quality Certification for this general permit and obtains a CAMA permit
for this activity. Thus, we have no objections to the project as proposed. The assigned
Action ID for this project is SAW-2013-00240.
Dave Timpy
Project Manager
Regulatory Division
US Army Corps of Engineers, Wilmington District
69 Darlington, Avenue
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Cell: 910-617-3254
Fax: 910-251-4025
Email:david.L.Timpy@usace.army.mil
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of support to the public.
To help us ensure we continue to do so, please complete the Customer Satisfaction Survey
located at our website at http://pert.nwp.usace.army.mil/survey.html to complete the survey
online.
1
�1
�d1 j_o08i�i�i/.s J �/ JAN 2 "13
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
January 25, 2013
MEMORANDUM:
TO: Chad Coburn
401 Wetlands
DWQ - Wilmington
r<r_CC1vFo
-.i 1 8 2013
FROM: Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New Hanover County
Proposed Project: to reconfigure the existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Hu_ggett at the address above by February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when
appropriate, in-depth comments with supporting data is requested.
ec lgkC t r em r:�� //5//3 c,c_C_
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
SIGNED F, DATE oZ Z_�,2O% 3
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.noroastaimanaaement.net
An Equal Opporamily 1 Aflinnative Action Employer
North Carolina
Pat McCrory
Governor
Mr. Robert Barnhill
501 Shady Circle Drive
Rocky Mount NC 27803
do;A
OWEEN
Department of Environment and
Division of Water Quality
Charles Wakild, P. E.
Director
February 13, 2013
Natural Resources
John E. Skvaria, III
Secretary
DWQ Project # 13-0088
New Hanover County
RECEIVED
Subject Property: 51 Pipers Neck Road — Figure Eight Island F E 18 Z013
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Barnhill,
You have our approval, in accordance with the attached conditions and those listed below, to
reconfigure an existing docking facility as described within your application received by the DWQ on
January 30, 2013. After reviewing your application, we have decided these impacts are below the
threshold for written authorization as long as all conditions of General Water Quality Certification
Numbers 3883 (GC3883) are met. These certifications may also be viewed on our website at
http://portal.ncdenr.org/web/wg/swp/ws/401/certs4adMrmits. This Certification allows you to use the
Regional General # 197800056 Permit when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If 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 Nationwide 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.
Conditions of Certification:
1. 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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
Wetlands, Buffers, Stormwater— Compliance and Permitting (Webscape) Unit VoCarolinaOne
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 5 -8 N. Salisbury St. R9-807- North Carolina r S604 uNallpPlane:919$07�3001FAX:919�07-64941CustomerService:l$77$23-6740
Internet: w .ncwaterquality.org
2
Robert Barnhill
New Hanover County
2013-0088
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
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 letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins at (919) 807-6300 or
myself at our Wilmington Regional Office at (910) 796-7215.
Sincerelya,z
ae'—
Chad Coburn
Senior Environmental Specialist
gg1 F�
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9 .f f a.e
�b
Enclosures: GC 3883
Certificate of Completion
cc: Ed Flynn — F&S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480
Dave Timpy — USACE Wilmington Field Office
Doug Huggett — DCM Morehead City
Robb Mairs — DCM Wilmington
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
p Quality Rules, the approved plans and specifications,
compliance and intent of the 401 Water uah Certification and Buffer ,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
Water Quality Certification No. 3883
Water Quality Certification Number 3883 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 02H .0500 and 15 NCAC 02B .0200 for
the discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 71 19, 20, 22, 25, 30, 32, and 36) and
Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer
Rules) in 15A NCAC 026 .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division" ):
a. Impacts equal to or greater than 40 linear feet of additional permanent stream impact
(including stream relocations) at an existing stream impact location; or
b. Temporary or permanent impacts equal to or greater than one -tenth (1110) of an acre of
wetlands, or
c. Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200), or
d Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as "EXEMPT' from these rules or a Buffer
Authorization Certificate is issued through N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Water Quality Certification No 3883
Water Quality Certification No. 3883
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
Water Quality Certification No. 3883
Water Quality Certification No. 3883
4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
htti)://Portal.ncdenr.or-q/web/wo/ws/su/npdessw#tab .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
Water Quality Certification No. 3883
Water Quality Certification No. 3883
8. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Installation of culverts in wetlands must ensure continuity of water movement and be
_ designed to.adequately_accommodate high water or flood conditions. _Additionally, -when
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
10. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Water Quality Certification No. 3883
Water Quality Certification No. 3883
11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
12. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
13. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
14, All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
16. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
17, A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
Water Quality Certification No. 3883
Water Quality Certification No. 3883
18. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
19. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
20. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
21. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
22. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
23. Additional site -specific conditions, including monitoring. and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
24. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3883
Water Quality Certification No. 3883
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
X-2? e 4,/-
Charles Wakild, P.E.
Director
History Note: Water Quality Certification (WQC) Number 3883 issued March 19, 2012 replaces
WQC Number 3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC
Number 3494 issued December 31, 2004; and WQC Number 3376 issued March 18, 2002. This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3883 7
4� fMIRK
North Carolina Department of Environment and Na ural
Division of Coastal Management
at McCrory Braxton C. Davis
Governor Director
January 25, 2013
MEMORANDUM:
TO: Jessi Baker
COD
Division of Marine Fisheries
JAN 3 0 2013
John E. Skvarla, III
Secretary
FEB L8 2013
FROM: Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Major Permit Application Review E-MAILED
Cflllq
Applicant: Robert Barnhill
Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island,
New. Hanover -County
Proposed Project: to reconfigure the existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doua Huaaett at the address above by -February 18, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs 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 9()�CQ t✓ DATE
127 Cardinal Drive EA., Wilmington, NC 26405
Phone: 910.796.72151 FAX: 910.395-3964Internet: vnvw.neocastalmanaaement.net
An Equal opportunity\ Alfim,aliva Action Empla/er
V
MAJOR PERMIT FEE SCHEDULE 3
Rob Barnhill / $250 / New Hanover Co.
DCM %
DWQ %
Development Type
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
of involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
11. Public or commercial development that does
-17771
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
Ill. 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,
r 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.
490 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water qualityor aquatic life:
$400
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
90 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
xcavation of more than one acre of wetlands
nd or o en water areas:
$475
60%
$285
40%
$190
RECEIVED
JAN 3 0 2013
DCM-MHD CITY
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 an application for development permit in an Area of Environmental Concern as designated
under the CAMA was received complete on January 14, 2013.
According to said application, Robert Barnhill proposes to modify the existing docking facility at 51
Pipers Neck Rd., adjacent to Banks Channel, on Figure 8 Island, New Hanover County. A copy of this
entire application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment and
Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North
Carolina 28405, (910-796-74215) 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 February 18, 2013, will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in this matter will be provided upon written request.
RECEIVED
JAN 3 0 M3
A&
I�CDE�IR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory, Braxton C. Davis
Governor Director
January 25, 2013
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Barnhill Major Public Notice
John E. Skvarla, III
Secretary
Kyle & Heather: Please publish the attached Notice in the Monday, January 28, 2013 issue.
The State Office of Budget & 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 the NC Divison 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
Dave Timpy
Michele Walker
RECEIVED
.IAN 3 0 2013
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastaimanagement.net
DP!b1-?v111D CITY
An Equai Opportunity\ At !native Acton Employer
N 1F R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
January 24, 2013
Ed Flynn
c/o F & S Marine Contractors, Inc.
P.O. Box 868
Wrightsville Beach, North Carolina 28480
Dear Mr. Flynn:
John E. Skvarla, III
Secretary
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Robert
Barnhill, for State approval for proposed development located at 51 Pipers Neck Road, adjacent to Banks Channel, in
New Hanover County. It was received as complete on January 14, 2013, and appears to be adequate for processing at this
time. The projected deadline for making a decision is March 30, 2013. 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 75th day.
If this agency does not render a permit decision within 70 days from January 14, 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.
A field report has been prepared and is in the process of being circulated to the various state and federal review agencies
for their comments. If additional information is required based on this review, the agencies may contact you directly.
Sin—
�i
Robb L. Mairs
Field Representative
cc: Doug Huggett, DCM
Dave Timpy, USACE
Christine Bouffard, LPO
RECEIVED
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151FAX: 910-395-39641ntemet: www.nccoastalmanagement.net JAN 3 0 2013
DCM-MHD CITY
An Equal opportunity 1 Affirmative Action Employer
NOTI(ol$170A
Allo- 4LYY'1 iS,u
£lol 0 9 or
GaMm
LAMA PERMIT
APPLIES FOR
PROJECT:
1
COMMENTS ACCEPTED THROUGH _Februa 1& 2013
APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Robb Mairs, Field Representative
910-796-7215
1111111111111
2012010161
FOR REGISTRATION REG15TER OF GEES
JENNrFER H eACNEISH
NEW HA14OVER COUNTY, NC
2012 MR 29 01:35.50 PM
BK 5629 PG 29-32 FEE $26.00
IC REV STPO ..070.00
INS PMEN1 I NINIAI
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 3101 Q , B CIC S I
Parcel#R05207-002-029-000
Prepared by: W. A. Raney, Jr-, Attorney at Law, P.O. Box 1049, Wilmington, NC 28402. The
preparer has not examined the ti a to the property described hereinbelow.
RETUTO
Return to: 0lIW I.&RHODENHISER
Brief description for the Index: Lot 51R, Block B. Section 11, Figure Eight Leland
NORTH CAROLINA
NEW HANOVER COUNTY
DATE: March, 2012 RECEIVED
DCM WILMINGTON, NC
GRANTOR: FRANK D. GORHAM, [Hand wife, RAMSAY GORHAM JAN 14 203
ADDRESS: 142 Beach Road South, Wilmington, NC 29411
GRANTEE: PIPERS NECK, LLC, a North Carolina Limited Liability Company
ADDRESS: 501 Shady Circle Drive, Rocky Mount, NC 27803
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
RZTTM TO
SIEGEL & RHODENHISER
JAN 9 0 2013
DCM-MHD CITY
�' C ,:
WITNESSETH:
THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple all of that certain lot or parcel of land situated in Hamett Township, New
Hanover County, North Carolina, and being more particularly described as follows:
BEING all of Lot 51R, Block 'B", Section 11, of the property of
The Figure Eight Island Company as shown by map thereof recorded
in Map Book 41 at Page 238 of the New Hanover County Registry.
TOGETHER WITH a right-of-way in common with others over.
through or upon streets and walks shown on the above referenced
reap, and any and all existing streets and walks providing access to
this tract.
SUBJECT TO all the temts and conditions contained in Restrictive
Covenants recorded by The Figure Fight Island Company in Book
933, at Page 286 of the New Hanover County Registry, reference to
which as well as the map hereinabove referred to is hereby made.
The property hereinabove described was acquired by Grantor by instrument
recorded in Book 4964 at Page 2045, New Ilanover County Registry.
All or a portion of the property herein conveyed _ includes or Y dots not
include the primary residence of a Grantor. _
A map showing the above described property is recorded in Map Book 41 at Page
238, New Hanover County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges
and appurtenances thereto belonging to the Grantee in fee simple.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises
in fee simple, has the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever, other than the following exceptions: the lien of applicable ad
valorem taxes for the current year and subsequent years; easements and restrictions of record: and
any lam, county, state, or federal laws, ordinances, or regulations relating to zoning, environment,
subdivision, occupancy, use, construction, or development of the subject property, including
existing violations of said laws, ordinandsand area of the ocean beach; except ances, or regulations; aany public rights to use of the dry
that the Grantor does not warrant any portion of the
property lying below the mean high water line of tidal waters.
RECEIVED
RECEIVED DCM WILMINGTON, NC
6 0 2013 JAN 14 2613
DCM-MHD CITY
cjd
CoArl is
I"
I,:UP
:It
tj".
I INQ VITZ:
611.
Am: 1 1
�l A
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the
day and year first above written.
(SEAL)
Frank D. Gorharn, 111
(SEAL)
Ramsay G
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, the widersigncd Notary Public of the County of _ Wf [ 1 it A
and State aforesaid, certify that FRANK D. GORHAM, ID and wife, RAMS" 4tiORHAM
personally appeared before me this day and acknowledged the duc execution of the foregoing
instrument for the purposes therein expressed.
h1y
WITNESS my hand and Notarial stamp or seal, this � a day of March, 2012.
_.
' NotaryPublic
� y,`Tt°4 kJ111(4 FEE-
NotsOls Printed or Typed Name
RECEIVED
JAN 3 0 2013
D' M-YIID CITY
wNtetenusanluaw-cos-t(xi
KM
RECEIVED
DCM WILMINGTON, NC
JAN 14 2i 113
f'
•l�
�, � f..
?���v.
'
�
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x.
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APR-14-2010 M52 Fram: To:9102563062 P.1 1
!aC lt- R
North Carolina opartfnent of Environment and Natural Resources
Division of Coastal Management pee Freeman
James H. Gregw secretary
Beverly Eaves Perdue Director
Govemor
?.O EN7_OR17ATION FORM
Data,
��. 2U/a
Namof Propoll /owner Applying for Permit.
Owner's Maillry Addrass
5-'01
�Ijhlu
Phone Number
Nam of Authorized Agent for this project
2P
Agent's MallingAddreaw
-' P.O.flootQbfi
Phone Number
I certify that I have authorized tha agent listed above to act on my beha;f, for the purpose of applying
for a0g ot4ainA ail CAMA Permits necessary to install or construct the following OcUvllyl
(my Property tocalod) at
This certification is valid thru (dale)
property owner Signature
Rafe
RECEIVED
.IAN 3 0 2013
1Z7 Udnd D61i F,n., Wilmington, NG ?go vww d)W 'r4
pry,e gtp•79e 7176%FA% 9*39$364 ln"*
..._. �.aH t urrnfl.o h4Wn a,aeor«
RECEIVED
DCM WILMINGTON, NC
JAN 14 2013
W 11 aurally
r
J�
F & S Marine Contractors, Inc.
P. O Box 868
Wrightsville Beach, N.C. 28480
Phone/Fax 910-256-3062
SENDER: COMPLETE THIS SECTION
COMPLETE THrS
■ Complete items 1, 2, and 3. Also complete
Item 4 if Restrict■ Print your name andDaddressson the i�'verse
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:
YI)
�✓y1�l�fT� n� a8yl�
2. Article Number
(transfer from service label) o'q
PS Form 3811, February 200,1111111111111111111111111
1bL,ic Return
Receipt
■ Complete items 1, 2, and 3. Also complete
Item 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. Artiale.Addressed to:
1�N�n6� X�P;
2 �
? Article Number 0
(transfer lrom seMce labs
r PS Form 3811, February 2004
l
RECT F E B 2 0 2013
Capt. Ed Flynn
Durwood Sykes
email: eflyemsn, com
A. Sig9 re
X ` ❑ Agent
Address
B. elvetl by (Pdmed ame) C. Date of DelNsry
D. Is delivery address diflerem�fmm tm 1
If YES, enter delivery addr. below: ❑ No
v = D
DCM WILMINGTON, NC
q
3. eryG Type
Certified Mail ❑ Express Mail
11 Registered 0 Return Receipt for Memhendo
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) 0 yes
I&I 41�lo
102595-02-M-15J0
A.SI 'Lt(�fkiLJ ❑ Ag ent
X
❑ Addre
B. �lecelvetl by (Pd led Name)
V'�LICtE �1(Q\�
C. ate of Dell
rI Ly
D. Is delivery
aedrdd asaq,..di((eftt 6iiph -0 yes
40", N�No
6)•
�cy�
RECEIVED
FEB 2 6 2013
DC.rt-f-D,fIID CITY
may
FEB 2 0 2013 Years
Repairs
3. ce Type
Cerlfled Mall ❑ Express Mail
❑ Registered 0 turn Receipt ra Madre dbe -, 'V E D
❑Insured Mall ❑C.O.D, -)CM WILMINGTON, NC
4. Restricted ;;ery?
(Extra Fee) ❑ Yes
�a FEB 2 0 203
Domestic Return Receipt
1e2595-02•M•1510