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HomeMy WebLinkAbout95-96 Allen's LandingPermit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission Veyma for X Major Develo a Area of Environmental Concern pursuant to N jA - 11E ^ Excavation and/or Issued to authorizing development in New T-Tannver County Wilmine nn , as requested in the permittee's NCGS 113-229 This permit, issued on — G is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility onstruction 1) No portion of the proposed piers or docks may extend into the channel portion of the waterbody. In order to ensure that the proposed structures will not extend into the channel, the channel limits must be staked by a representative of the Division of Coastal Management within 60 days of the start of construction. If necessary, the length of the proposed structure(s) must be reduced by a distance necessary to prevent encroachment into the channel. 2) The portion of the deck extension waterward of the existing bulkhead on the docking facili e west must be either relocated to high ground or deleted from the proposed project. osed, floats at this facility may be shifted if necessary to accommodate this redesign. vG� �F This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31.1999 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 Chairman of the Coastal Resources Co lei oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Ag&L_ Signature of Permittee ... . � - - � e. - . . Allen's Landing Permit #95-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) The proposed floats on the docking facility to the west shall extend no farther into the waterbody than the waterward end of the existing float. 4) The proposed gazebo on the structure oie east must be relocated landward of the delineated 404' wetland line, as indicated o e /15/96 delineation plat. 5) All proposed structures over coasthilwet s l h minimum clearance of feet above the marsh substrate. 6) All proposed structures over coastal wetlands s al av a width of 6 feet NOTE: Permanent reflectors should be attached to the s n order to make it more visible during hours of darkness or inclement weather. Docking Facility Operation 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facilities. Any sewage discharge at the docking facilities 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. 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction must not visibly increase the. amount of suspended sediments in adjacent waters. 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 11) Silt fencing or other sedimentation and erosion control devices must be placed between any ground disturbing activity and the adjacent wetlands or waters, and shall remain in place until all land disturbing activities have been completed. ,�, ..... � _� ,t _ -_ .... . _._ -, .. .. , r ..� . .; Allen's Landing Permit #95-96 Page 3 of 3 Stormwater Management 12) The Division of Environmental Manageme proved this project under the stormwater management rules of the Environmen gement Commission on 5/31/96. Any violation of or deviation from the plan approv a DEM be considered a violation of this CAMA permit. O General 13) No vegetated wetlands will be excavated or filled. 14) The temporary placement or double handling of fill materials wi Pinwaters or vegetated wetlands is not authorized: 15) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. "16) 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. 17) It is possible that the authorized structures may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper, steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 18) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. NOTE: The permittee is advised that the State of North Carolina claims title to all lands falling below the mean high water line. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960378. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199603310. Permit Class PermitNumber NEW STATE O&NORTH CAROLINA Department of Envionmerit; Health & Natural Resources and : l 6astall2esources Commission , rPrn�it, f, for.. X Major Developm ntin an Area of Environmental Concern pursuant to NCGS 113A=118 _ tt 'f 4UAM `;r Excavation and/or filling pursuant to NCGS 113-229 authorizing development in NewT-Tannver County at Paoe'c (`reek at RM at Banta Aifsria AVPniip in Wilmington , as requested in the permittee's application dated 1109196 including atmrbed workp lan drawing-, 2 dated 2/15/96 and 2 dated 4/16/96 This permit, issued on la�C is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Construction 1) No portion of the proposed piers or docks may extend into the channel portion of the waterbody. In order to ensure that the proposed structures will not extend into the channel, the channel limits must be staked by a representative of the Division of Coastal Management within 60 days of the start of construction. If necessary, the length of the proposed structure(s) must be reduced by a distance necessary to prevent encroachment into the channel. 2) The portion of the deck extension waterward of the existing bulkhead on the docking facility to the west must be either relocated to high ground or deleted from the proposed project. The proposed floats at this facility may be shifted if necessary to accommodate this redesign. attached sheets for Additional This permiLaction may be appealed by the perminee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. D -A-594 � >oi oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Allen's Landing ADDITIONAL CONDITIONS Permit #95-96 Page 2 of 3 3) The proposed floats on the docking facility to the west shall extend no farther into the waterbody than the waterward end of the existing float. 4) The proposed gazebo on the structure to the east must be relocated landward of the delineated `404' wetland line, as indicated on the 2/15/96 delineation plat. 5) All proposed structures over coastal wetlands shall have a minimum clearance of 4 feet above the marsh substrate. 6) All proposed structures over coastal wetlands shall have a maximum width of 6 feet NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Docking Facility Operation 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facilities. Any sewage discharge at the docking facilities 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. 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 11) Silt fencing or other sedimentation and erosion control devices must be placed between any ground disturbing activity and the adjacent wetlands or waters, and shall remain in place until all land disturbing activities have been completed. Allen's Landing Stormwater Management Permit #95-96 Page 3 of 3 12) The Division of Environmental Management approved this project under the stormwater management rules of the Environmental Management Commission on 5/31/96. Any violation of or deviation from the planapproved by the DEM will be considered a violation of this CAMA permit. General 13) No vegetated wetlands will be excavated or filled. 14) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 15) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 16) 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. 17) It is possible that the authorized structures may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats., The permittee will not hold the United States liable for any such damage. 18) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. NOTE: The permittee is advised that the State of North Carolina claims title to all lands falling below the mean high water line. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960378. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199603310. Permit Class Permit Number NEW STATE ORNORTH:_CAROLINA Department of Environme"ri4 :iith &,Natural Resources X Major Developi nt ih an -A ea of-Envtmnmental Concem pursuant to NCGS. 113A ,118 '"µ u Excavation and/or filling puisuant to NCGS 113-229 1 • , , 1 , , 1W1 ir-MV W.Vir authorizing development in New Ilanaver County at Page.'c ('reel- at R?6 at Ranter Maria AVPn11P in Wilmin rtnn as requested in the permittee's application dated 1 /0?/46 inrrinrling attarhell mmftlan drawings 2 dated 2/1 S/96 and 2 dated 4/16/96_ This permit, issued on G is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Construction 1) No portion of the proposed piers or docks may extend into the channel portion of the waterbody. In order to ensure that the proposed structures will not extend into the channel, the channel limits must be staked by a representative of the Division of Coastal Management within 60 days of the start of construction. If necessary, the length of the proposed structure(s) must be reduced by a distance necessary to prevent encroachment into the channel. 2) The portion of the deck extension waterward of the existing bulkhead on the docking facility to the west must be either relocated to high ground or deleted from the proposed project. The proposed floats at this facility may be shifted if necessary to accommodate this redesign. This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. >n� oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Allen's Landing Permit #95-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) The proposed floats on the docking facility to the west shall extend no farther into the waterbody than the waterward end of the existing float. 4) The proposed gazebo on the structure to the east must be relocated landward of the delineated `404' wetland line, as indicated on the 2/15/96 delineation plat. 5) All proposed structures over coastal wetlands shall have a minimum clearance of 4 feet above the marsh substrate. 6) All proposed structures over coastal wetlands shall have a maximum width of 6 feet NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Docking Facility Operation 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facilities. Any sewage discharge at the docking facilities 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. 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 11) Silt fencing or other sedimentation and erosion control devices must be placed between any ground disturbing activity and the adjacent wetlands or waters, and shall remain in place until all land disturbing activities have been completed. r Allen's Landing Stormwater Management Permit #95-96 Page 3 of 3 12) The Division of Environmental Management approved this project under the stormwater management rules of the Environmental Management Commission on 5/31/96. Any violation of or deviation from the plan approved by the DEM will be considered a violation of this CAMA permit. General 13) No vegetated wetlands will be excavated or filled. 14) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 15) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the pemntted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 16) 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. 17) It is possible that the authorized structures may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 18) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. NOTE: The permittee is advised that the State of North Carolina claims title to all lands falling below the mean high water line. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960378. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199603310. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF June 19, 1996 Regulatory Branch Action ID No. 199603310 and State Permit No. 95-96 Mr. Allen J. Willcocks 50 North Street Bedford, Nova Scotia B4A2N4 Canada Dear Mr. Willcocks: vG2 ?C'n 996 y1 Reference your application for a Department of the Army permit to construct a gazebo with pier and float, and expand an existing deck and add two floats, adjacent to Pages Creek, at 826 Santa Maria Avenue, north of Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies furnished with enclosure: Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., RM 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management /North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 -� m U- w o Co O z¢ z YJ a Npy3 91738 dybbtY se)' �� R� ,p4xby�N C �V �i �C to f •'� P G d 9a�og 36o c`♦x °OYito�� ,�tt:. � �' � � �8 � by k P ... 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I Ili I it I i Vtjoi I � II I�I,!I I!!I!I �I�!i, I!lil� ill :I �• qbq iI.1 I ,!lilll! i�St I ii i I i , i .�� I i 1it11 iii \ \ \ •� • I ' l i p i I 1 i I i I , ICE, W Hca� Sr?)Irb Lift r ! F & S Marine Contractors, Inc. PO, Box 868 Ughtsv!Ile Beacli NC 28480 ?� De-k 5lc��, k;� (910)2563062 ! i ' III 11 II I,II o !II�IIiII'II�IIIIjII!I'II �IIIII Iiijlllili'I I liilii i�ill I!I I�III �I I I'pprn pIIIIIIII!I i�iil - � �c ' 1,' i I I /i I! I I 'I I I 1 I I I I • dA,. U 99 61 �Iiii ill�a�x'ilil IiI I� I�!ii'Ili1!i�i!' I i �. pQR pN nF ENS I!II!'Ii !1;iillji{lili!Iilji ii I!iI'Ilii iI'li ! 1 ,I ���\S�PNpG�M �'':ill!I!1IiIl IIIIIII!Illllill I ji I I `) !�I! 111 illil II ilii' i G PS L l i t I I I I I I i I I II li it III II I I I �ilII I II � III I I !II � I,!i!I!Ill 1/ I, , I II Iii .. 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TkIS DET A5RM/N_ ��N 0� S cTioN 40¢ �TLlRlSP/CT/ON IWAY BF. ��- ,�IED UPON p'o.R A P5RIco No-r 7-40 FIVE (S) YEARS ERp1v, TH/S DATE This DErE�2Ml�laT�oN t�/AS I -r L1TiL I Z/NG T/�G /987 G o qPs o� EniG/n/EFRS -VETLAND 4%5L-I.lFA-rlO.4 A ,4,VU.AL. oki e a F E;V G 1NIEE-ER � - yPy4)c olvgv 244, sl m 0 CA - \Z I � —ACCESS irAscm.L& T N39 O MAR 0 8 1996 DIVISION OF COASTAL MANAGEMENT 17 Lor 0 0� N I /���r1.1N111L1�'S e- ioo VR- ffLoo n ue e an 1.: ►S �R A n� 19 &, is J FasEMEuT / pE St_GOND TRAcT 144 z APPROYJMA77E x�o oK 1 i 4,(p 1-7 ems— cT�R R\/ L, SvJVEY A60 - �ERT/FlC4TE C)F.=D/C//ncJiDC - n/Gxii::clenin%Jc0 ii.,ici-fv r, __ _ Ir�Vt j 11EPE8Y. CERTIFY.7-/-1Ar. PRJoR TO 1/TF1;2/N6 Amy A6R�6fimee"r OR ANY &o'AivEYA,,,/C,d5. a/TN A PRoSPEcT/V.E ,aayEk , (W E� SA.IA" LL PREPARE Ati/D S/GAI, AnIO THE /3UyER OF THE Sc/3TEe7 REA L . ESTATE SNA•LL REC,6/ VE At4D := S/Gti/i --A STATE M EA/7- W N /GN )l:C(LLY ANO A CG L/RATELY DUCL0SE-S- 7-14A7- 7HE :SU,9,TEcT R�4L `ESTATE / OR . A PORT/Okl Gf r�3E "sJ1I3SE�T REAL FS7-AT,5 - /s LEGATED �V/THIN A LLDOD NAzA21�',AREA /AND TNA7'.THE6L1YE2 MLI-r7-SA7-.S>'Y -rMS RE - Qv/REMEN7- oF-TH-E NEW/ YANCVER;:CpiJNTY >✓LOoD PLAN MAA/AC-£M�-AJ fZ G[J r -7?A/+ T E �ArioNs P210R ;'1'O TffF ZSS 11AA/CE - Or C6NS'7,QLIC7-/41c/ -• P�Aq/TJ. - �- 1 7 7- DATE - .SIGAJA'TURE 0,c 0 \.VIV,ER S l7 MAR 0 8 1996-%� MAP NOT SUBJECT TO NEW HANOVER DIVISION OF COUNTY SUBDIVISON ORDINANCE COASTAL MANAGEMENT DATE PiANN D RECTOR ('t-' DTi l P A•T'�" nC ii I r i -- AI IP �- AwM. J. J out 70YAS �Q a 6 at to EA AUK M SAID OF PC D 0 NoIZTN MDMEo\.N/ 1T/OAIS , IsTRA?/c AT /N DE-E Z(ws) AcKuowLEDU6 TNAr NEJTIIER 7f1E STar:= n/OR THE Coav7Y SHALL a�-RESPon/SIHLE FOR MA/NTE/vAA/[E n= AAJY SrcFFrr r;cr��c - - ° QD p,N Dr'�„-' ~ NlP ASF ME /j T �� O l�. e 46.¢4' -MIR `pa`Q 29.0I pE p �rq,5� — N 35 53 Wiz• C 02 p� CERT/<icATioN PLAT A S VETL_,ANDS I Al- AREAS ETLANQS R56 qL-A7-ED PURSUANT To SECT/p/./ oF THE CLE.dN 1VATER ,44-T AS DETER/WNED ay THE UND6RS/l,A/ED OLV 7)4/S GATE. -r S ,D�TeRM//J- AToN O SEcTio�v ¢a¢ <TURlSDIeTiaN MAY B)^ R,c- Y16A upon/ roQ A l� Rioo NO-T To ,EXGE.ED F /VE � YEARS ERpiv1 T.�//s DATE TH�s �E�-�RM/NaTioN 1V(S) /+'IAD� L1T/L /Z/NG THG /987 G oRPS a� En/G/NEARS t1/ETLANv DAL/NFl�T/ON MANUAL, 244, Sol Ybi�;�rLAr�Os Zj' v.•t! c a+p I -ACCE S r'-A MEh T N39°S9' /41IL-,�1),, &1,41 MAR 0 8 1996 DIVISION OF COASTAL MANAGEMENT 11 = U 1SAra LOT O Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. C�i/, town, community or landmark G/l�n.r~,snr, 1. APPLICANT a. Landowner: Name /9�%C1Y J, lN,�() CoCKS Address Sr City &Di bao State JA otiA c. Street dress or secondary road number _ 8r 5"g ov myMA d. Is proposed work within city 1%mits or planning jurisdiction? Yes ���/// No e. Name of body of wa r nearest project (e.g. river, creek, sound, bay) VA6Z etklk Zip � aN Day Phone _ n ^ ? 6Y87 D' •1 `DESCRIPTION AND PLANNED USE Fax 7dd- �ia� I _� ; 1v_ PF PROPOSED PROJECT Authorized Agent: JAN 16 1996 Name & / CiNj DIVISION OF a. List all development activities you propose (e.g. COASTAL MANAGEMENT building a home, motel, marina, bulkhead, pier, and �6&y excavation and/or filling activities. Address 1'fall PIER, 6A7eno ptn,) rlaA)'Ir4 160L��2 0 IOrA( Cityi3cl9tk! State /V( EiviA266 Msy')N6OECrAvo5ymfilW-r1W hd0O1kKoa 4boATs[r, GenL6T? ��4, S. G"DC Apo AA0.i A,7 s QORD AWJD A-:WS{a,6A1'fW i:^vi zip �tlYa Day Phone ash-3�� b. Is the proposed activity maintenance of an existing project, new work, or both? N[WWD/LK Fax a� 36G c. Project name (if any) I ENS /iV'JIi,lr NOTE: Permit will be issued in name of lardo ner(s), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. County Mai HhNodlsYYL c. Will the project be for public, private or commercial use? nhlml- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. OP109 Ahatk WIN 176KJ"o 'Ca/L LaT++I WAitaIs A rr+,tnrn,on-, lol-. a P1UVJc0 A PEVd51rWnrg &Zf5t 44M6 7NL- 4%t dFLoT d! ANo A OFegAi,?N oNE SLIP EAth Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 3; 8 ✓ute. s b. Size of individual lot(s) f� l/a-y I tlYftt E c. Approximate elevation of tract above MHW or NWL 1—flla/ f ' m. Describe existing wastewater treatment facilities. S�5,11/C -fkNIL n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) ryit6ni-i 20na* d. "Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. S/J a7 fyi t Al6tC. e. Vegetation on tract lei A"'0 ppN f. Man-made features now on tract 1n6GcftT A005E f3�.n � ��i`eL of rtr+ LOT it I 310i\4 O FS. ADDITIONAL INFORMATION COASTAL MANAG g. What is the CAMA Land Use Plan land classi nation of the site? Conservation Developed Rural (Comull the local land use plan.) Transitional Community Other h. How is the tract zoned by local government? f2L5/0&) fA'L i. Is the proposvproject consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, fappliaable j. Has a professional archaeological s sment been done for the tract? Yes No If yes, by whom? k. Is the project locat m a National Registered Historic District or does it involve a National Register listed or a gible property? Yes No 1. Are there wetlands on�the site? ) Yes _ No Coastal (marsh) ✓ Other If yes, has a delineation been conducted? l /_S (Attach documentation, if available) In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2' by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal _review ncies to enter on the aforementioned lands in T. � ''c z with evaluating information related to this permit Ip�lication and follow-up monitoring of the 0 i N16�19r6ect:=' DIVISION bOrther certify that the information provided in this COAST,MANAW W's truthful to the best of my knowledge. • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. This is the 0 ' delay of W . Print Name Signature Landowner oV Authorized Agent Please indicate attachments pertaining to your proposed project. CM MP-2 Excavation and Fill Information DCM MP-3 Upland Development • A signed AEC hazard notice for projects in gm� DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Norm DC:tii-,tiiP-4 STRUCTURES (Construction within Public Trust Areas) F 2 �0rlFl Attach this form to Joint Application for CAMA Major e. Mooring buoys )Vltq Permit, Form DCM-MP-1. Be su R3) ) Commercial Community Private other sections of the Joint Applicati ��) Number this proposed project. Description of buoy JAN � 16 1996 (Color, inscription, size, anchor, etc.) a.Dock(s) and/or Pier(s) (1) _ Commercial _Community _DjVt6 *N OF (2) Number / _COASTAL MANAGEMENT (3) Length 2gi (4) Width of water bod) (4) Width (5) Distance ' buoy(s) (5) Finger Piers Yes No (FL elt,eQOck) shoreline (i) Number / (ii) Length _e?D) (iii) Width A (6) Platform(s) _� Yes —No, (i) Number l (ii) Length J.2 (iii) Width JG1 (7) Number of slips proposed j (8) Proximity of structure to adjacent riparian property lines 42tri* CEMT aaf.log (9) Width of water body + eo' (10) Water depth at waterward end of pier at MLW or NWL -AW` rn Lw Boathouse (including covered li ) Al A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number A (2) Length(s) Breakwater (e.g, wood, sheetpile, etc.) � f (1) Length H (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands to be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial ,Community _ Private (2) Number (3) Length (4) Width _ g. Other (Give complete description) E'lAZYNAI %aEc r Ml or Project Name Signature 'Q TAn 9� Farm DCAI-SIP-4 STRUCTURES (Construction %%thin Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community 1Private (2) Number (3) Length oGMUVMD JAN 161996 DIVISION OF COASTAL MANAGEMENT e. Mooring buoys (1) _ Commercial _Community — Private (2) Number (3) Description of buoy N/)9 (Color, inscription, size, anchor, etc.) (4) Width (5) Finger Piers Yes _ No (r/A'Atr14t. DaXJ) (4) (5) Width of water body _ Distance ' buoy(s) to shoreline be placed beyond (i) Number (ii) Length O u1;IW(J f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width LYJSi%N4 (1) _ Commercial _Community _ Private (6) Platform(s) �` Yes _ No (jgS1� (2) Number (i) (ii) Number I Length o1 /Iroc'b ib&Yfbin6 (3) Length (4) Width �//7 (lii) Width 2'YS�CNL�GK (7) Number of slips proposed Y g. Other (Give complete deicription) (8) Proximity of structure to adjacent riparian property lines +3C`fv(1=1/nt nfCOlu2s0�fY: — (9) Width of water body +.M ' _(10) Water depth at waterward end of pier at MLW or NWL—3.8'rnt_w b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Leagth(s) ��13 Date d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or N/� wetlands (3) Maximum distance beyond MHW, NWL or wetlands Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater �"flnL Other RPM 4 (Excluding shoreline stabilisation) I Average Final Existing Project trn¢th Width Denth Depth r 59o' )d' IS' /SS' Ib' GL�L MAR 0 8 D 1996 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION MHW b. Type of material to be excavated from below NL in cubic yards to be excavated c. Does the area to\beexcavated include coastal wetlands (marsh),ed aquatic vegetation (SAVs) or other w— Yes No d. Highground excavbic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location oftdisposal area b. Dimensions of �tsposal area c. Do you claim title tip Yes _ If no, attach a letter owner. disposal area? d. Will a disposal area maintenance? _ Yes If yes, where? permission from the available for future No Revised 03/95 Form DCM-MP-2 e. Does the dis osal area include any coastal wetlands (marsh), SAV or other wetlands? Yes V No f. Does the disposal i clude any area in the water? Yes No 3. SHORELINE STABILIZATION a. l3 r0 of shoreline stabilization _ Bulkhead Riprap distance waterward of MHW or NWL d. Maximum histance waterward of MHW or NWL e. Shoreline erosidlt during preceding 12 months (Source of f. Type of bulkhead or i prap material g. Amount of fill in cubic water level (1) Riprap (2) Bulkhead backfill . h. Type of fill material i. Source of fill material to be placed below 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. WiI material be brought to site? Yes No /�I] /nA/LI /02 f366ES5 24n7 '4 "9 l'��FSi2iAN 60SL- tvr / p6cE5I fZoAh, 30 . P66ffalT ER5r».tk;'1n/o x1sS' If yes, (1) Amount of material to be placed in the water NONE (2) Dimensions of fill area _ (3) Purpose of fill 5*1_061 e /'zc Aec'-.Is O'byTo /rhoL-wseh-kTMC b. Will fill material be/placed in coastal wetlands (marsh), SAVs or otty8r wetlands? Yes Ii No If yes, (1) Dimensions f fill area (2) Purpose of fill 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? fm3fa,Enrr�.e+; uN�^o W) tit 2a." tm. oc+uri•j/e m, s j1713,2c 51AC" AdVO cov�?O"ft /N ,gcc'-Xr /twao. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? �A�kNe� DD2EQ c. Will wetlands be crssed in translorting equipment to project site? _ Yes No If yes, explain -steps that will betaken—to lessen environmental impacts. i R DIVISION OF p AIL. ;� A.NAGEMFP�-f %INKS '' MApt or ject - Signature 1kwqw, i Revised 03/95 Za l / &c 56e-126n 6)haJ f & 3 Marine Contractors, Inc. P.O. Box 868 Wdghlsvflle Beach, NC 28480 (910) 256-3062 "?o C/ca.md park /6y4?A-1q6 Am e j �Lm !f/I�itGc�J o?(, f f),TA li yAjor /,/K.-mrrnj A)-L., 1pee,� (jpxNEAo i F ✓k 3 Marine Contractors, Inc. P.O. Box 868 Wrightsville Beach, NC 28480 (910) 256-3062 U ,yam 1n o oeR 50, P PC,,;�00'1 GO ,P� Sa�� n ��1r►z•,r� i• - - - ------------- --------------- - f s -4 .1 00 ,S '33 ;1- I Val 1 / drP7o' to /h tm��a _. - ND FpRfMEt aw'i TbFd �Yi giw'f��. ��. - d" -- C=f I ip 1 t J / _ AoTr Set Pert-- - Cond--bvl -- -- — oac eyls MAR 0 81996 - t� o�,,�t - ✓ / ✓__ —awIsiON OF_.. -- —cA, w A/orr COASTAL MANAGEMENT I �--- Net- rNvaorq,.d. I ✓ See PC rm.t (°nol'{ drl gran ^20' ..:�f!'�w: :: R.�;- 9i^. ._ �r-ee:,� � -!r f:`.:_ 'a'+. V -.}w ceir-__.♦yM��j_ �t Nu"Y'S {Q weJy �b 1 r+ t� � � E�LANpS__•- nuaEAS�M�N No 0 Q �• 404 - - „� NIG T(ZIAN N3S°53'18 _ = I"t:o�sr►t�oti CASr�nC� Lo-f O RT/FiGAT/D/J 1 1 ,il AS A41- ARgAS EG LlLA1'ED P4IRSLAN-r -To SEcT•io%/ gy 7P� UNDERS14NEDlON7�:lS�OA7TE, Tf9 SE,DET RM N AToN oi= 5,�EC7-101.t ¢0¢ jLLIRISDIcTionl AIAY Bl: A2,, - L1Eb L-IPaA/ 1'o.R A PERIao Now To EXCEED /VE (S) YEARS FRpA/l THIS DATE; TN/S DETE12WNAT-ioA/ u/ALS uT/L- I ZSIv* THC /987 G ORPS a)gf EnIG/n/EERS Ll/ETLANt� D- LINR-A-00t4 MANUAL_, _ACCESS �ASErI�N, alv 39 11S9' 17 /1/, I� �� n� c emvd ­j,� o v� o � Lor O G ,9 DFEnIGIN�E,Qs DAr DIVISION OF COASTAL MANAGEMENT ISC,e 17'14 State of North Carolina Department of Environment, Health and Natural. Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Allen's Landing (Allen J. Willcocks) PROJECT LOCATION: Adj. Page's Creek at 826 Santa Maria Ave., New Hanover Co. PROPOSED PROJECT: To construct a gazebo with pier and float to serve his residence and various other projects. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as propos d//41 /` This agency has no comment on the proposed project. �Afdq MJ9ys This agency approves of the project, only if the reco. incorporated.- See -attached. QA This agency objects to the project for reasons described/in the attached comments. Signed !�" Date P.O. Box 27687, Nif ® FAX 919-733-1495 Raleigh, North Carolina 27611-7687 `$6) An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF June 7, 1996 Regulatory Branch Action ID No. 199603310 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Allen J. Willcocks for a Department of the Army permit to construct a gazebo with pier and float, and expand an existing deck and add two new floats in Pages Creek, off Santa Maria Drive, in Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 3. 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 or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 4. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. S. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 6. The permittee will maintain the authorized work in good cet ion and in conformance with the terms and conditions of this permit permittee is not relieved of this requirement if he abandons t activity without having it transferred to a third party. O ^ ° 4f 90 n 7. If possible, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. 8. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 9. This permit does not grant any property rights or exclusive privileges. 10. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, j Te r y H. i hter lProj ct Mana er Wilmington Regulatory Field Office 2 Copies Furnished: Mr. John Dorney Water Quality Section North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U..S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 11, 1996 Lenox Cooper, Jr. 3839 Sweetbriar Rd. Wilmington, N.C. 28405 Dear Mr. Cooper: 1' .�' IDEHNR Please reference your February 13, 1996 letter to the Division of Coastal Management concerning your objections to the proposal by Mr. Allen Willcocks to construct two docking facilities adjacent to your property on Page's Creek in New Hanover County. The Division appreciates your concerns about the proposed development, and has looked closely at the potential adverse impacts the proposal may have on navigation in the project area. Based on your comments, the applicant has revised his proposal in a manner that should adequately address your concerns. The revised proposal has been determined to comply with the Rules of the Coastal Resources Commission, and State and Federal review of the project was favorable. Subsequently, the Division has issued a CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your information. Please take note of the conditions placed on this permit which should guarantee that existing navigational usage of Page's Creek is not adversely impacted. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: Tere Barrett, DCM-Wilmington DCM-Morehead City Mr. Allen Willcocks P.O. Box 27687. N��y. FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, �An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 }� 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 11, 1996 Arjean Homeowners Association c/o Roy L. Hawkins 708 Arjean Dr. Wilmington, N.C. 28405 Dear Mr. Hawkins: IDEHNFR Please reference your January 29, 1996 letter to the Division of Coastal Management concerning your objections to the proposal by Mr. Allen Willcocks to construct two docking facilities adjacent to your property on Page's Creek in New Hanover County. The Division appreciates your concerns about the proposed development, and has looked closely at the potential adverse impacts the proposal may have on navigation in the project area. Based on your comments, the applicant has revised his proposal in a manner that should adequately address your, concerns. The, revised proposal has been determined to comply with the Rules of the Coastal Resources Commission, and State and Federal review of the project was favorable. Subsequently, the Division has issued a CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your information. Please take note of the conditions placed on this permit which should guarantee that existing navigational usage of Page's Creek is not adversely impacted. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293. Sincerely, �. tg Huggett Assistant Major Permits Coordinator cc: Tere Barrett, DCM-Wilmington DCM-Morehead City Mr. Allen Willcocks P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%Awl �C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAUPROCESSING RECORD A) APPLICANT: Allen Willcocks/Alien's Landing COUNTY: New Hanover LOCATION OF PROJECT: Adj to Pages Creek at 826 Santa Maria Ave, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 04/17/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: Tere BarrettgDOW/1E: Wihmington DISTRICT MANAGER REVIEW Rrma B) DATE APPLICATION RECEIVED IN RALREC'D: $ 2s° PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: 'D; APPLICATION ASSIGNED TO: _y ON: y b C) 75 DAY DEADLINE: 7'/-yt 150 DAY DEADLINE: q MAIL OUT DATE: S - STATE DUE DATE: i Y'y � FEDERAL DUE DATE: -5-aH"!t" COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 6 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance /^ i Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History l - f LY a Div. of Env. Health Div. of Highways Wildlife Resources Commission I OC / Div. of Water Resources Div. of Marine Fisheries State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 11, 1996 Allen's Landing c/o Allen J. Wilcocks 50 North Street Bedford, Nova Scotia B4A 2N4 Dear Sir: IDE'EHNFR 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, P.O. Drawer 11666, Raleigh, NC 27611, (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 require 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. JRP:jr/amw Enclosure Very sincerely, In R. azker, Jr. Major Permits Processing Coordinator P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer 5001 recycled/10°k post -consumer paper Recommendations for State Permit - AllensJsocks There have been concerns expressed from those property owners using the access channel to the west. These concerns have been that the proposed project may block their access channel. The applicant addressed this concern by utilizing the floats to accomplish the required span area on the docks to the west, establishing that the structures will not extend beyond the dock that has existed in this basin. The deck extension on the facility to the west does not meet the rules in that it extends greater than 6' over the wetland area. As well, the non -conforming, grandfathered portion of this deck has shaded an unnecessary amount of wetlands. This structure is not at the waterward end of a pier as required in T15A 07H.0208(b)(6)(B), but along the shoreline where it can serve its function as well over high ground. Division policy has been that docks adjacent to the shoreline can only extend over the marsh if there is water sufficient for mooring adjacent to them. That is not the case with this structure. I recommend the project be approved subject to the following conditions: 1) Within 60 days prior to construction, the channel must be staked by a representative of this Division for the dock to the east. If necessary, the structure must be reduced in length by a distance necessary to prevent encroachment into the channel. 2) The proposed gazebo on the structure to the east must be relocated landward of the delineated 404 wetland line. 3) The portion of the deck extension waterward of the bulkhead (on the facility to the west ) must be deleted or relocated to high ground. The floats can be shifted along this dock if necessary to accommodate this reduction. 4) Silt fencing or other sedimentation/erosion control barrier must be placed between any ground disturbing activity and the adjacent wetlands or water. 51 The authorized structure and associated activity must not cause an unacceptable interference with navigation. State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 17, 1996 MEMORANDUM. Zo8 D. Brut nct Planner Div' of Coastal Management �EHNFi �KOM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Allen_ J. Wij-coc� Project Location: Adj to Pages Creek at 826 Santa Maria Ave, off of Porters Neck Rd and Edgewater Club Rd in New Hanover County, Wilmington, NC Proposed Project: To construct a gazebo with pier and float to serve his residence, while subdividing 4 other lots and providing them with water access by expanding a deck and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system. Please indicate below your office's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at 910/395-3900. When appropriate, in-depth comments with supporting data is reques 1111 its .Ir 6 °cv REPLY: This office has no objection to the project as proposed. 00 *Wfj4� f�� '996 This office has no comment on the proposed project. 9 GI?This office approves of the project only if the recommended c � incorporated. See attached. This office objects to the project for reasons described in the attached comments. 127 Card ir�41 [)live Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 Fax 910-350-2004 7 An Equal Opportunity Affirmative Action Employer A�.a AN� 1DEHNFz1 MEMORANDUM TO: John R. Parker Major Permits Processing Coordinator FROM: Zo6 D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Allen J. Willcocks, Allen's Landing, Pages Creek, Porter's Neck DATE: May 2, 1996 This permit consistency opinion is based on my review of Allen Willcocks's permit application, the Field Investigation Report (T.Barrett, 4/17/96), and my understanding and interpretation of the policies presented in the Wilminaton/New Hanover County 1993 Land Use Plan. The applicant proposes construction of a gazebo with pier and float to serve his waterfront residence, while realigning 4 other lots for development and providing them with water access by expanding a deck (on his property) and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system by an easement on his property. There are delineated 404 wetlands along the west and south sides of the site. There is local citizen concern about the proximity of the proposed floating docks to the dredged channel, especially at low tide. The channel is narrow and the concern is that the docks might protrude into the channel. LAND USE CLASSIFICATION: Conservation RELATED POLICIES AND IMPLEMENTATION MEASURES: 1.0(1) PRESERVE, PROTECT AND AUGMENT THE AREA'S IMPORTANT NATURAL RESOURCES, WHICH INCLUDE THE AIR, LAND AND SEA ENVIRONMENTS. 1.1(3) DEVELOPMENT ACTIVITIES WITHIN THE 100 YEAR FLOODPLAIN SHALL BE CAREFULLY CONTROLLED TO MINIMIZE DEVELOPMENT, ENCOURAGE LOW INTENSITY USES SUCH AS OPEN SPACE AND RECREATION, AND ENSURE STRICT COMPLIANCE WITH STATE AND FEDERAL REGULATIONS CONCERNING WETLAND PROTECTION. 1.1(7) TO THE EXTENT THAT THE CUMULATIVE IMPACTS OF LAND UTILIZATION AND THE ECOLOGICAL CARRYING CAPACITY OF COASTAL ECOSYSTEMS ARE DETERMINED THROUGH STUDY AND ANALYSIS, SUCH INFORMATION SHALL BE CONSIDERED IN THE FUTURE DEVELOPMENT OR REVISION OF LOCAL PLANS, CAPITAL FACILITIES, SERVICES AND ORDINANCES. 1.1(8) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISHING IN ALL SA WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. 1.2(1) ESTUARINE WATERS, ESTUARINE SHORELINES AND PUBLIC TRUST AREAS SHALL BE PROHIBITED FROM USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT IN SIGNIFICANT ADVERSE IMPACT TO THE NATURAL FUNCTION OF THESE AREAS. 1.2(9) THE CITY AND COUNTY SHALL ALLOW USES OF ESTUARINE AND PUBLIC TRUST WATERS THAT PROVIDE BENEFITS TO THE PUBLIC AND WHICH SATISFY RIPARIAN ACCESS NEEDS OF PRIVATE PROPERTY OWNERS. 1.2(10) THE CITY AND COUNTY SHALL SUPPORT STRICT ENFORCEMENT OF STATE REGULATIONS FOR DREDGING IN PRIMARY NURSERY AREAS. 1.2(11) NO MOWING OR CLEARCUTTING OF COASTAL WETLAND VEGETATION SHALL BE ALLOWED WITHIN ANY COASTAL WETLAND AEC EXCEPT WHERE SUPPORTED BY SOUND SCIENTIFIC AND TECHNICAL KNOWLEDGE. A =J. W1Ucmk0AfienJs Lm 2.4 FISHERIES RESOURCES POLICY 2.4(1) THE CONTINUED PRODUCTIVITY OF COMMERCIAL AND RECREATIONAL FISHERIES SHALL BE ENHANCED THROUGH THE PROTECTION OF THE UNIQUE COASTAL ECOSYSTEMS, INCLUDING PRIMARY NURSERY AREAS, SHELLFISH WATERS AND COASTAL MARSHES, UPON WHICH THEY DEPEND. 2.4(2) PROTECTION, PRESERVATION, AND RESTORATION OF SHELLFISHING IN ALL SA WATERS SHALL BE ENCOURAGED AND PURSUED. CONSISTENCY OPINION: New Hanover County looks to State and federal regulation to protect its natural resources. The County also believes in the protection of public trust rights in estuarine areas, and agrees that this right is balanced with the riparian access needs of private owners. Neighborhood concerns about intrusion into the existing channel should be addressed and solutions clarified o the satisfaction of all parties before the permit is granted and construction commences. The coastal and 404 wetlands on this site are valuable habitats and serve to protect adjoining estuarine water quality. Care should be taken to keep disturbance of coastal marsh and adjoining delineated 404 wetlands on the southern and western boarders to a minimum. These areas should be protected during construction of the docks and easement pathways. Also, although not under the purview of this permit, extreme care should be taken during new construction to eliminate litter and dumping of toxic wastes (such as petroleum paint products) into the wetlands and waters. This project will be eonssttnt with the Wilmington/New Hanover County Land Use Plan when all conditions placed on the permit by review agencies are met. c: D. Hayes, NHC Planning P. Pate CR Stroud, Jr. T Barrett an ... \aiucoa A m 1. W cw s A s Lon ding ` ^State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management �r James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary E'----� R Roger N, Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director CMANAGEAMENT Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Aljjjog (Allen J. Willcocks) PROJECT LOCATION: Adjacent Page's Creek at 826 Santa Maria Ave., New Hanover Co. PROPOSED PROJECT: To construct a gazebo with pier and float to serve his resident and various other projects, Please indicate below your agency's position or viewpoint on the proposed and return this form by May 239 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are 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 ge cy objects to the project for reasons described in the attached comments, Signed.�:�"�,,6 P.O. Box 27687, AW FAX 919-733-1495 Raleigh, North Carolina 27611.7687 Nwv*C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 rwsq 50% recycled/lob post -consumer paper 4 N' 9 North Carolina Wildlife Resources Commission 0i 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing FROM: Bennett Wynne VIrli Habitat Conservation Program DATE: May 22, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Allen's Landing * ks), 826 Santa Maria Ave. on Pages Creek, ew anover County, North Carolina. The Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on May 16, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant's proposed package includes construction of a marl roadway and walkway for a planned 5 lot subdivision, expansion of an existing deck and dock for the new lots, and construction of a gazebo and pier for an existing residence. A margin of coastal wetlands borders Pages Creek, which is classified SA, designated a Primary Nursery Area, and open to shellfishing. The marl roadway and walkway were already completed at the time of our site visit. Approximately 338 sq. ft. of wetlands would be shaded by project structures and about 432 sq. ft. of public trust waters would be incorporated. Eventual septic tank construction for the new lots could degrade and contaminate the extremely sensitive and valuable r z waters of Pages Creek if done within the estuarine Area of Environmental Concern. Therefore, we recommend the following conditions to permit issuance. -Poe 1. Construct pier decking a minimum of 4 ft. above the marsh floor to allow penetration of sunlight to underlying wetland vegetation. 2. Require that all septic tanks for the new lots be ?,yqro 6if 40**�' located on highground outside the estuarine Area of comfy .ppi.✓,i Environmental Concern. ShVV Mk4 am Thank you for the opportunity to comment on this '*h'�s• project. If you need to discuss these comments or need P""tl additional assistance, please call me at (919) 522-9736. P set.°ks� -50+•c srsk� s cc: William Wescott, WRC Coastal HabCon Coordinator s:\boatfish\habcon\coast\d2 (allens.doc) State,of NQrth Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: FW�A APR 181996 JA ........................ID E H N f1 April 17, 1996 TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILI, Permit Application Review Applicant: 4&n J. Wilcocks/Alien's ld@&g Project Location: Adj to Pages Creek at 826 Santa Maria Ave, off of Porters Neck Rd and Edgewater Club Rd in New Hanover Countv, Wilmington, NC Proposed Project: To construct a gazebo with pier and float to serve his residence, while subdividing 4 other lots and providing them with water access by expanding a deck and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: aw -This agency has no objection to the project as proposed. — &I Q,r)Lm•T is 4aVVIta-0 /erg C wxii /yf4Jsic This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. �MNbotIAf_ W 2O Fk Iej This agency objects to the project for reasonsdescribed in the attached comments. SIG f DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 0 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Allen J. Willcocks 1444 Dresden Row Post Office Box 36007 Halifax, Nova Scotia Dear Mr. Willcocks: May 31, 1996 B313S9 CANADA Subject: Q�i� C)EHNR Permit No. SW8 960511 Aliens Landing Subdivision Low Density Subdivision Stormwater Project New Hanover County The Wilmington Regional Office received the Stormwater Application for Aliens Landing Subdivision on May 10, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 960511 dated May 31, 1996, to you. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 395-3900. Sincerely, ave Adkins Regional Water Quality DA/arl: S:\WQS\STORMWAT\PERMIT\960511.MAY cc: Alan Golden, New Hanover County Inspections Tere Barrett, DCM John Parker, DCM Wilmington Regional Office Central Files Linda Lewis RENO JUN 4;1996 CGiStl\l. 0%iG AVO P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer Slate Stormwater Management Systems Permit No.SW8 460511 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Allen J. Willcocks Allens Landing Subdivision New Hanover, County FOR THE construction, operation and maintenance of a 25 % low density development in compliance with the provisions of 15A NCAC 211 .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Environmental Management and considered a part of this permit for Aliens Landing Subdivision. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. The maximum built -upon area per lot is 6,250 square feet, based on 4 lots. CAMA regulations may reduce the built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. These levels are summarized below (more stringent levels may apply in accordance with the rules): State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 15, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries IDEHNR ° "I'll D 6 1996 DMF-PUB. TUSUBLANDS FROM: John Parker `' Major Permits Processing Coordinator �� RECEIVED MAY 21 1996 SUBJECT: CAMA/Dredge and Fill Permit Application Review C) COAStAL MANAGEMENT APPLICANT: Alill. Willcocks/Allen's Landing PROJECT LOCATION: 826 Santa Maria Ave., adj. Page's Creek, New Hanover 9 9 PROPOSED PROJECT: To construct a gazebo and float to serve his residence, etc. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public bust conflicts with the project location or design. �I ere appear to be public trust conflicts that require additional investigation. Approximately 0 days additional review time is needed. �L�is /s ,rj GG�-✓ w.6i/�- ti/�B�/r .O�-''�� f�oiot�TY G�i�.c'1 2 u N It is r6Z en` ee1Qt cfWges be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed �GL �` Date P.O. Box 27687, N'• Raleigh, North Carolina 27611-7687 1, r An Equal Opportunity/AHlrmative Action Employer Voice 919-733-229350% recycled/ 10% post -consumer paper St11te of North Carolina Department of Environment, `' --+ Zlth and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: April 17, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries 1� �EHNF1 John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review M/Alien's Landing Adj to Pages Creek at 826 Santa Maria Ave, off of Porters Neck Rd and Edgewater Club Rd in New Hanover County, Wilmington, NC Proposed Project: To construct a gazebo with pier and float to serve his residence, while subdividing 4 other lots and providing them with water access by expanding a deck and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: t-- �This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � DATE ` Z Z `1 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing Coordinator FROM: P.A. Wojciechowski'109Z - SUBJECT: CAMA/DREDGE & FILL Permit Application Allen J. Wilcocks/Allen's Landing �EHNF=?L 25 April 1996 Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc RECEIVED APR 29 1996 COAsrAL MANAGEMENT P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of Departrr Health a Division of C Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director luI0I,i[107:7►i M31 RFC EAV ED �� MAY3S '•� ,,, lD,wwwwx- tin F-::� H N F--,-,:, May 1, 1996 Ms. Linda Sewall, Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator 12i l/ SUBJECT: CAMA/DREDGE & FILL Permit Application Review o RECEIVES "� 251596 APPLICANT: Allen's LandingAllen J. WHOM") MAY ROJECT LOCATION: 826 Santa Manna Ave., adj. Page's Creek, New Hano o. PROPOSED PROJECT: To construct a gazebo with pier and float to serve his other projects. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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. Signeddo Date / �F6 /z a AF P.O. Box 27687,2 NiRaleigh, North Carolina 27611-7687 Il� ��/ FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer State of North Carolina Depai*fffient of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: April 17, 1996 Mr. Charles Gardner, Director Division of Land Resources IDFEE HNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review �1's Landing Adj to Pages Creek at 826 Santa Maria Ave, off of Porters Neck Rd and Edgewater Club Rd in New Hanover County, Wilmington, NC Proposed Project: To construct a gazebo with pier and float to serve his residence, while subdividing 4 other lots and providing them with water access by expanding a deck and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact ett at extension 246. When appropriate, in-depth comments with supporting data is REPLY: This agency has no objection t1.o the project as proposed. - VP 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 APk1L ZZ,, 194G 127 Cardinal Drive Extension, ilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of Awarolina Departmdff,W Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: 0"%.00ftftwo 4*0 C)EHNR April 17, 1996 Mr. William A. McNeil, Director 1z '* � Division of Community Assistance Prctl fl 0 APR 25 1996 John R. Parker X4NAGE14ENT Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Adj to Pages Creek at 826 Santa Maria Ave, off of Porters Neck Rd and Edgewater Club Rd in New Hanover County, Wilmington, NC Proposed Project: To construct a gazebo with pier and float to serve his residence, while subdividing 4 other lots and providing them with water access by expanding a deck and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. 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. SIG DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Oelephn, *9103915�;-'31qoO • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 lu f�l► CiT.7_�►1 tlflu I TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator A , ems. ED E H N F;Z SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Allen's Lan PROJECT LOCATION: Adj. Page's Creek at 826 Santa Maria Ave., New Hanover Co. PROPOSED PROJECT: To construct a gazebo with pier and float to serve his residence and various other projects. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.] RECE� N*6 REPLY This agency has no objection to the project as propo � Mp�cos��EMEr�z V/ This agency has no comment on the proposed project. This agency approves of the project, only if the recommen incorporated. See attached. This age y o e to the project for reasons described in the attached comments. Signed Date 7 P.O. Box 27687, ��W FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 60% recycled/ 10% post -consumer paper State of North Carolina - Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator NNW 1DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review ,APPLICANT: Allen"s Landing (Allen J. Willcocks) PROJECT LOCATION: Adj. Page's Creek at 826 Samta Maria Ave., New Hanover Co. PROPOSED PROJECT: To construct a gazebo with pier and float to serve his residence and varous other projects. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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 V 1/ Dates-- f p q jp P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%`- �� CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 7! , 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: May 1, 1996 Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History John Parker, Jr. Major Permits Processing Coordinator AM!!WAA 0--ft ...v A ®E�HNFZ CAMA/DREDGE & FILL Permit Application Review �>-Rfc�ED MAY 221996 CGASIAL MANAGEMENT APPLICANT: Allen's Landing (Allen J. Willcocks) PROJECT LOCATION: Adj. Page's Creek at 826 Santa Maria Ave., New Hanover Co. PROPOSED PROJECT: To construct a gazebo with pier and float to serve his residence and various other projects. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. f 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. I Signed. Date S P.O. Box 27687. ® FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 ,r a 500% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT •-T. FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Allen J. Willcocks/Alien's Landing 2. LOCATION OF PROJECT SITE: Adjacent to Page's Creek at 826 Santa Maria Avenue (off of Porter's Neck Rd. and Edgewater Club Rd.) in New Hanover County. Photo Index - 1989: 174-14, gr. 10-P,Q 1984: 18-231, gr. 6-G,H State Plane Coordinates - X: 2371200 Y: 192350 3. INVESTIGATION TYPE: LAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/17/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 4/17/96 6. SITE DESCRIPTION: Office - Wilmington (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - Septic Planned - None under this permit; eventually, septic tanks. M Type of Structures: Existing - Residence, Deck, Dock, Bulkhead Planned - Gazebo, Pier, Dock, Floats for community use, access road. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FU T.FT) TNrnun (A) Vegetated Wetlands Spar ina alternitlora 72 s.f. Delineated 404 wetlands - (Hex 158 s.f. vomitoria, Myrica ge era, Smilax sue.) (13) Non -Vegetated Wetlands Regularly flooded shallow bottom area adjacent to S,_partmL alterniflora, but 108 s.f. influenced by shading (C) Other High Ground 19700 s.f. 100 s.f. Open water 432 s.f. W; 1 V LAl AL GA LI LU cu. /.W ill ayuareree[ (E) Primary Nursery Area: Yes M Water Classification: SA Open: Yes 8. PROJECT SUANMARY: Applicant proposes to construct a gazebo with pier and float to serve his residence, while subdividing 4 other lots and providing them with water access by expanding a deck and adding two floats for 4 mooring spaces. Community improvements will also include grading and placing marl on an access road to the lots, and a pedestrian access to the docking system. rage PROTECT DESCRIPTION 04/17/96 The project site is located at 826 Santa Maria Avenue adjacent to the north side of Page's Creek, at the conflux of a man-made channel extending along this shoreline that serves neighboring communities. The tract is approximately 3.8 acres in size, averaging.l2'-15' in elevation. The vegetation is typical landscaping, with a ravine of delineated 404 wetlands along the extreme west side, as well as 404 wetlands transitioning to coastal wetlands at the border of Page's Creek to the south. There is an existing residence served by a well and septic tank on the property. There is an existing basin cut through wetlands on the west side of the property stabilized with a bulkhead, containing a deck and floating dock. There is an existing 30' wide utility easement extending along the west side of the property. The applicant has subdivided his tract into 5 residential lots, 1/2 to 1 1/4 acre in size. The New Hanover County Land Use Plan classifies the area as Conservation; the Division of Environmental Management classifies the waters of Page's Creek as SA; the Division of Marine Fisheries has designated the area as Primary Nursery; this portion of the creek is open to the taking of shellfish for consumption. While Page's Creek is approximately 950' across at this point, a marsh island defines the open body of water approximately 400' from the near marsh edge. The navigation channel begins approximately 25' from the waterward edge of the marsh. The applicant is proposing to utilize the existing utility easement to grade and place marl on a roadway for vehicular access to the lots. This road is proposed at a width of 30' and a length of 570'. At the junction with lot 1 this access will become exclusively for pedestrian use. It is proposed at a width of 15' for the first 70', narrowing to 10' for the 155' remainder to the water's edge. The roadway and pedestrian access will be covered in marl using landscape timbers to hold the marl in place. No fill will be placed in the wetlands. LOT 1 The property faces south. At the water's edge on the east side, the applicant is proposing to construct a 12' x 16' gazebo, with 8' x 16' over the delineated 404 wetlands alex vomitoria, M rica cerifera, Smilax spp-.A, and 4' x 16' over high ground. A 28' x 6' pier will extend for 5' over this same wetland area, across 12' of Spartina alterniflora, and 12' into open water. A 3' wide ramp will span 12' to a 20' x 6' floating dock. This structure terminates in -1.5' mean low water, approximately 25' from the riparian corridor to the east. This docking structure extends approximately 30' into the body of water, and is intended to provide one slip for the present owner of the property. LOTS 2. 3 & 4 There is an existing basin on the west side of the property, with a 12' x 40' deck overhanging the shoreline. The shoreline to both sides of the deck are vegetated with Spartina alterniflora. The area under the deck appears to receive too little sunlight to allow for the colonization of the marsh. There is an existing floating dock extending from the center of this deck. This structure is to be removed. The applicant proposes to extend the deck westward to the end of the bulkhead, or 12' x 12'. This additional decking would extend partly over Spa alterniflora. There are two proposed floating docks attached to this deck, each 6' x 20', terminating in -3.5' mean low water. The orientation of the floating docks allow for some flexibility regarding the ramp span. In response to neighboring concerns about blocking the access channel serving the shoreline to the west, the applicant has reduced the ramp span to 7', and will extend the ramp into the float to reduce the relief at low tide. Consequently, neither structure will extend waterward of the dock presently in this basin. The deck and floats do not extend closer than 40' to the neighboring riparian corridor to the west. A` eu'uiv 1S mEenaea to provide four docking spaces for the four additional lots created by the subdivision of this property. 10. ANTICIPATED EMPACTS Subdivision of any area increases the density of the development. The 3.8 acre tract will become 5 residential lots. Though the roadway and docking facilities are the only amenities to be provided for the future lot owners, it can be expected that there will be four additional single family residences, with driveways, wells, and septic tanks. The grading and filling for the roadway and pedestrian access will disturb and create a partially impervious surface on approximately 19,700 square feet of high ground. Portions of the gazebo, pier, and deck will incorporate another 100 square feet of high ground. The gazebo and pier will shade approximately 158 square feet of delineated 404 wetlands. The proposed pier will shade approximately 72 square feet of regularly flooded marsh. The deck expansion will shade approximately 108 square feet of unvegetated wetlands and stressed regularly flooded marsh. The pier and three docks will incorporate 432 square feet of public trust waters. Turbidity increases can be expected during construction Submitted by: T. Barrett I Date: 04/17/96 Office: Wilmington SENT BY:Wilmington_District 6— 5-96 ; 14:H USACE—Reg, Branchy A& ;# 2 May 29, 1996 Regulatory Branch Action SD No, 199603310 Mr. John Parker Division of coastal Management North Carolina Department of Environment, Health, and Natural Resources Poet Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker, Reference the application o Aller. J. Willcoc for a bepartmsrit of the Army permit to construct a gazebo bit3r-mo d at, and expand an existing deck and add two new floats in pages creek, off Santa Maria Drive, in Wilmington, New Hanover County, North Carolina, 7-.4 Federal agencies have completed review of the proposal as presented by_theapplication and your field investigation report. We recommend that the following condition(s) be included in the state authorization: I. All work authorized by this permit must be performed in strict compliance with the permit plane. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 3. This permit does not authorize the intorfererco with any existing or .p 'opowed Federal project, and the permittee will not be entitled to ompensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. / 4, No attempt will be made by the permittee ,to prevent the full and ,free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the publics right to free navigation on all navigable caters of the United States, 5. It is possible that the authorized structure may be damaged by ah from passing vessels. The ia3uance of this permit does not ealievs rmittse from taking all proper steps to ensure the integrity of tha ted structure and the safety of moored boats, The permittee will not 'is United States liable for any such damage, 6. The permittee will maintain the authorized work in good condition, nd in conformance with the terms and conditions of this permit, The permittes is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party, SENT BY:A'ilmington District 6— 5-96 ; 14:39 USACE—Reg, Branch" ;# 3 A, 7. if poasibla, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. 1�x S. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. a- 9. This permit dose not grant any property rights or exclusive Privileges. i7„d'hu2rrr dv —i?'rnr.l.�e -rl,. s v. 0. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpormitted activities or from natural causes. b. Damages to the permitted project or uaea thereof as a result of current or future Federal activities initiated on behalf of the general public. c, Damages to other permitted or unparmitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or ravocati-7 of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 25.1-4636. sincerely,. Copies Furnishadc Mr, John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Ready Creek Road Raleigh, North Carolina 27607 Mr. John Hefner 2 Jeffrey H. Richter Project Manager Wilmington Regulatory Field office r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402.1890 REPLY TO ATfENnON OF April 29, 1996 Regulatory Branch Action ID No. 199603310 Mr. Allen J. Willcocks 50 North Street Bedford, Nova Scotia 84A 2N4 Dear Mr. Willcocks: On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 22, 1996, for Department of the Army (DA) authorization to construct a gazebo, pier and floating dock and to enlarge a deck, remove a floating dock and install two floating docks on Pages Creek, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199603310. It will be coordinated by Mr. Jeffery Richter in our Wilmington Field Office. He is available at telephone (910) 251-4636. Enclosure Sincerely, Ernest Jahnke Field Office Manager Wilmington Field Office Regulatory Branch Mgy�lF�Fi�iF c� O 44 1 �996 -2- Copies Furnished (without enclosure): Mr. John Parker / Division of Coastal Management (/ North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA 28402-1890 Regulatory Branch Action ID,_/w/Z0S_q/0 Applicant sj L , i i y / Mr. Larry Hardy National Marine Fisheries Service, NOAA - Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Fost Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Regional Office Division A Coastal Management North Carolina Department of Environment, Health and Natura Resp ircea Z ` Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enc osed. Your co" M s and/or recommendations would be appreciated on or beforen Questions or comments may be addressed to LI Regulatory Branch, Field Office, telephone (q�0) .2J�� 4lo3ly Sincerely, ViRegulat e WrighCBranc F Enclosure MAY i£/UEO �� MANAGEBIEh 96 3839 Sweetbriar Rd. Wilmington, NC 28403 February 13, 1996 NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Allen J. Willcocks Application for Permit to Develop 826 Santa Maria Ave. (Page's Creek) As owner of the waterfront property immediately to the west of the Willocks tract, I am concerned about the piers described in the development application dated January 2, 1996. I did not re- ceive the required copy of said application until the 17th. The application is misleading in that it indicates that the relevant body of water is 300' wide, when, in fact, the channel into which the applicant proposes extending the piers is only about 50, wide at low tide. There is a pronounced oyster bar in front of the existing pier and an exposed sand bar in front of "Lot #1". At Lot # 1, the proposal stipulates a 12' wide deck/platform above the high water line, followed by a 28' walkway, a 4' access ramp, and a 6' wide floating pier. This is a total of 50', making the precise location of the the 12, deck vital to determining how much the total structures protrude into the channel of the same approximate width. Because of this, I urge that a survey and staking of the exact location of the proposed 121x 161deck be re- quired before any decision is reached on the application. Without such, there will be no control over the structure's location. My concern about the project at "Lots # 2,3,4,5" is similar to that regarding Lot # 1. Although the two proposed new floating docks will be 20' long, as is the existing floating dock which they will replace, they could protrude into the navigable chan- nel if they are positioned too far from the existing fixed dock. As the existing 20' floating pier is approximately 5' from the fixed dock, I suggest that, should a permit be granted, it stipulate that the floating piers must be positioned within 5' of.the fixed pier. Your consideration of the above concerns will be greatly appre- ciated, as would your response. r 01`4 D FEB 15 1996 DIVISION OF COASTAL MANAGEMENT Sincerely *LnofG. January 29,1996 NC Department of Environmental Health and Natural Resources 127 Cardinal Drive Wilmington, NC 28405 Subject: Permit Application for Docks on Pages Creek by Allen J. Willcocks The subject application has come to the attention of the Arjean Homeowner, Association in that it appears that some of the proposed floating docks may intrude on the boat channel which was created by and maintained by, our association and other property owners upstream from the sight This Association has a strong interest in maintaining an unobstructed channel. Our members were each assessed a considerable amount of money to pay for having the channel dredged in 1986. We currently assess our members a yearly sum for future dredging of the channel. The boat channel was dredged to be a maximum of only 30 feet wide tapering down to 4 feet below MLW at the center. The channel is used extensively by most of the 38 members of our association who launch and retrieve their boats from our community ramp at the west end of the channel. The application indicates the "width of water body" as being 300 feet from each of the proposed docks. Although this may be true at high tide, the channel is very close to the shore line and, as shown on one of the enclosed photos, an oyster bar is approximately 50 feet from the end of the existing dock. Likewise very shallow water is less than 50 feet from the proposed single dock for lot number one. The existing 20 foot floating dock is approximately 5 feet from the existing fixed dock and the water level is approximately 8 feet below the fixed dock at low tide. An access ramp as shown in the application would be quite steep (see enclosed photo) unless the dock is located further into the channel or the ramp is moved toward the center of the floating dock The proposed single dock location for lot number one is at a part of the boat channel that is very narrow. Since the drawings do not identify its exact location, it may also cause intrusion into the boat channel. We suggest an on site examination at low tide so you may be made aware of our concerns. We look forward to hearing from you. Arjeau Homeowners Ass iation Board of Directors, F10,11VI D P sident, R L. Hawkins FEB 01 1996 708 Arjean Dr. Wilmington NC. 28405 Home: 686-7542 Work: 395-7281 DIVISION OF COASTAL MANAGEMENT State of North Carolina . Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 17, 1996 Allen J. Willcocks 50 North St. Bedford, Nova Scotia 84A 2N4 Dear Mr. Willcocks: 1, A C)EHNF I The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 826 Santa Maria Avenue. It was received completed on April 17, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is 4%do&96. 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. 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. Sincereelly, r�j. V T. Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Jeff Richter, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer UNITED STATES POSTAL SERVICE >' a � o rr H j # S _ - PENAL O USE TO AVOID PAVME OF POSTAGE, $30O Print your name, address and ZIP Code here f & 8 Marine contractors, Inc. PA. Box 868 Wdghtsv�910) acK N62 WO Il�i�ll��l��l��ll„I,Iill�li��ll�ll,�11��11�1��11,�1,�11�11111 i SENDER: 'p • Complete items 1 and/or 2 for additional services. 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Adores $ oC R1d Ddle O _I I b1, �co 9'S`i U37`4 Willcocks Page 2 of 2 DIVISION OF COASTAL MANAGEMENT 50 feet from the northeast corner of Lot 20 of Santa Maria, running thence southeastwardly with said southern right of way line 15 feet to a point; thence South 41 degrees 10 minutes West 695 feet, more or less, to the northern edge of Everetts Creek; thence northwestwardly with the northern edge of Everetts Creek 15 feet, more or less to a point, said point being the southeastern comer of the first tract of land conveyed to James B Mintz by R.F. Hamme, Jr., et ux, in 1967; thence with Mintz eastern line North 41 degrees 10 minutes East 695 feet, more or less, to the beginning, being a part of the western portion of Lot 19 of Santa Maria and being Tract it I in deed from R.F. Hamme, Jr., et ux, to James B. Mintz, et ux, recorded in Book 909 at Page 751 of the New Hanover County Registry. FlFrH TRACT-, BEGINNING at a stone, in the northern edge of Everetts Creek, said stone being 300 feet North of a stone marked "P.R." in the dividing line of Lots 16 and 17 of Santa Maria as shown on a map thereof recorded in Map Book 4 at Page 28, New Hanover County Registry; running thence North 41 degrees 10 minutes East 697 feet to an iron pipe in the southern right of way line of Santa Maria Avenue as shown on said map, said iron pipe being 25 feet southeastwardly from the northeast corner' of Lot 20 of Santa Maria; thence southeastwardly with said southern right of way line 25 feet to a point; thence South 41 degrees 10 minutes West 695 feet to the northern edge of Everetts Creek; thence northwardly with the northern edge of Everetts Creek 25 tbet, more or less, to the beginning, being part of the western portion of Lot 19 of Santa Maria, and containing .39 acres, more or less. Being Tract # i in deed from R.F. Hamme, Jr., et ux, to James B. Mintz, recorded in Book 909 at Page 567 of the New Hanover County Registry, TOTAL P.O5 BOOK P A 0 E 1959 0373 W illcocks JAN 16 1996 DIVISION OF EXHIBIT A COASTAL MANAGEMENT F1RST TRACT: BEGINNING at the intersection of the western line of Lot 20 as shown on the map of Santa Maria recorded in Map Book 4 at Page 28 of the New Hanover County Registry, with the southern line of Santa Maria Avenue as shown on said map; running thence along the southern line of Santa Maria Avenue South 38 degrees 57 minutes East 125 feet; thence South 41 degrees 10 minutes West and parallel with the dividing line between Lots 18 and 19 as shown on said map, 750 feet, more or less, to the low water mark of Everetts Creek; thence northwardly along the low water mark of Everetts Creek, following the meanders thereof, to the intersection of the low water mark of Everetts Creek and the western line of Lot 20 of said Santa Maria Subdivision if the said western line were extended southwardly to the low water mark of Everetts Creek; thence North 41 degrees 10 minutes East along the western line of said Lot 20 extended, 700 feet, more or less, to the point of Beginning in Santa Maria Avenue; the same being all of Lot 20 and the western 25 feet of Lot 19 as shown on the said map of Santa Maria recorded in Map Book 4 at Page 28, together with the marsh land between the eastern and western boundary line of the said tract above described extended southwardly to intersect the low water mark of Everetts Creek and together with all riparian rights appertaining to said Tract, and being the same property conveyed in Deed duly recorded in Book 645 at Page 403 of the New Hanover County Registry and being the second Tract in Deed recorded in Book 819 at Page 794 of the New Hanover County Registry. SECOND TRACT: BEGINNING at a point in the southern line of Santa Maria Avenue that is the northeastern corner of Lot 21 of Santa Maria Subdivision as the same is shown on the Map thereof recorded in Map Book 4 at Page 28 in the Office of the Register of Deeds of New Hanover County and running thence along said southern line of Santa Maria Avenue North 38 degrees 57 minutes West 25 feet to a point in said right of way line; thence southwestwardly and parallel to the eastern line of said Lot 21 to the low water line of Everetts Creek (now Pages Creek ); thence along the low water line of Everetts Creek (now Pages Creek) to a point where said low water line is intersected by the eastern property line of Lot 21; thence North 41 degrees 10 minutes East along the said eastern property line to the Beginning. The same being the eastern 25 feet of Lot 21 of Santa Maria Subdivision as aforesaid. Being the same property described in Deed recorded in Book 989 at Page 273 of the New Hanover County Registry, THIRD TRACT: BEGINNING at a point in the southern right of way line of Santa Maria Avenue as shown on the map of Santa Maria as recorded in Map Book 4. at Page 28, New Hanover County Registry, said beginning point being South 39 degrees 10 minutes East 65 feet from the northeast corner of Lot 20 of Santa Maria, running thence southeastwardly with said southern right of way line 30 feet to a point; thence South 41 degrees 10 minutes West 695 feet, more or less, to the northern edge of Everetts Creek; thence northwestwardly with the northern edge of Everetts Creek 30 feet, more or less, to a point, said point being the southeastern corner of Tract I conveyed to grantors on the 27th day of May, 1971; thence with the Mintz eastern line North 41 degrees 10 minutes East 695 feet, more or less, to the beginning, being a part of Lot 19, Santa Maria, bearings being taken from said map which is dated July 1926. Being Tract I in deed recorded in Book 1035 at Page 131 of the New Hanover County Registry. FOURTH TRACT• BEGINNING at a point in the southern right of way line of Santa Maria Avenue as shown on the map of Santa Maria as recorded in Map Book 4 at Page 28 of the New Hanover County Registry, said beginning point being South 39 degrees 10 minutes East 1700;� D JAN181996 DIVISION OF COASTAL MANAGEMENT %e property hereinabove described was acquired by Grantor by instrument recorded in.............................................................. ..... Deed ... Bo.ok..1.33.1-Rag.e... ....................................................... k map showing the above described CO HAVE ANATOHOL➢theaforesaid lot or parcel of 1 nd and all privileges a' page thereto belonging to 28 property id appurtenances he 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 :he same, in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and 9efend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: THE PROVISIONS OF ALL APPLICABLE ZONING AND LAND USE ORDINANCES, STATUTES AND REGULATIONS; 1995 AD VALOREM TAXES AND ALL APPLICABLE RESTRICTIVE COVENANTS AND UTILITY EASEMENTS OF RECORD, 1N WITNESS WHEREOF. the Grantor has hereunto set his hand an scai, or if corporal has ca ER this Instrument to be signed in its Corporate name by Its dalY a4th0rlaed Officers and its scat to be hereunto a fixed AY authority/ its H t 6 Dlie t day an o Yeir lUlt abaee written. -------------------- r :. r'-.-'. ............... .~............ ......------_...($BAL) ALL (Corporate Name) � JAME5 M. KE`N�D/J FRANCES L. KENDALL ............................P=esldent �. J ATTEST: ................................... m _• ..............,._...............................(SEAL) ---------- ............. .---- Secretary (Corporate Sean rn ........... :.......(SEAW . :7 ......................... ..............'... SVAL-STAMP `rD'R44r'6.3ilAtrtfiA• -: `--�•s=� ['_".1.Y_C9-'r.^_-_-County, lilU?(EL P. METZs s otary Pablle of the County and Stale aforesaid, certify that _..•---••------------•••..............' MY=Af VNICCMOBT9-- AM£S_M,_.KEI�DALL_AND,WYFE,•FRANCES_L:•-KENQALL_--_, ........orantp=; awres sepanOtr ss. MaMi)feethtrY PI Me lald�h/lMt+ ally appeared before me this da and acknowle(d�g�edCthe rxecuhon of Lae foregoing instrument. wltne5! mY p hand and officlal stamp or seal, this •.l kC.I•- day of .J.)!_4 C!�! �!�z. ..................r 19. r�. 1.�C•4n5't T0.KCr•�Qra. V bry commission expires; ....... NoWy Pub)te SEAL -STAMP NORTH CAROLINAI--------------- ----------- •....... County. 1, a Notary Public of the county and State aforesaid, certify that ... ---- ............... ................... r, m personally came before me this day and Acknowledged that...-_ he it ........................... $soretaty 64 S .-_ -.- __.•-•_____ ________________________•-- a North Carolina Corporation, and that by authority duly 4 given and as the act of the corporation, the foregoing instrument was signed in Its name by its ............... .. N President, sealed with Its cprpotate seal and attested by ...:._._... as its ........--•................ Secretary. D Witness my hand and vlllclat stamp at seat, this ...--..daY of ........................... 19......... My commission expires: ................... .......... ........................................ Notary Pu➢ue o,r,r - war n u w r it The (oreieing Certilleate(s) of ............ .•�`-- --�-p •••{� ''}------ •••• - h .............. •------------ ............... _1S C;C �,R�C/..... ���l�f �,L�t� ,.-------•---.-.-. Hare certified toy 40[[ c`. Tht� ♦° nd this certificate are duly registered at thr date and time and In the Book and Page Shown on the first page hereor. MAR It iJ� l'' U� 1 /\fit ) rill-`'�JJTt . . ....... ... _ _____RFCI$TR,ft OF DFFpS FOR____ ��.���.....��:�..r....-_.._.COUNTY ...... t________ - T_.____�_`.•By :Deputy(•Rerister of Deeds N. C. Ear Assoc. Form No.1 Q 1976. Revised tO 1977 - Jsmn wnepmr a Co., Ik., vo. +[r, Ywa i, asr. N.C. 27e55 Maid C. wp•wm.,n wiln llV N. c. ep. Amer -IN' �J $ 1954 HEU HANOVER CO 539 PACE 0371 STATE OF rH OUNA ' CIR TaxI.o..._............................................. 11-21-95 $1 j 00. 00 Real Estate Excise Tax AND YERIFI.ED Sd�iil' S'J� DOTS r,EGISTER OF DEEDS NE1tl!NANOVER CO. NO '95 NOV 21 PM z .7 1 190127719D JAN 16 1996 DIVISIOL� OhrF�{.1i1C�r�n�� ^r A i RA A P'F'1cPCihRfirTI.TF gook and Page ..................................... Parcel Identifier No:...RU4506-00. -04, ,-000... ,....... ......... .... ,. Verifiedby ..................................................... _ ............... County on the ............ day of ... ......... .......... ..... ......................... :.., 19............ by................................................................................................,.............,............................,,..,.........,,,....,.,......................................................- Mail after recording to .....AI,1,en.,J,,,,W 11.co.ck.S,,.826„Sant,a Maria...A„venue,.,Wit,mS.p,gton,.. ..,.28405,,,,,,,,,,,,,,,,,,, ........... ................... .............................. ........................... This instrument was prepared by ..... ....... ................. ..... ... .......... ................. ..-......... ................................................................ Brief description for the Index pT 19, 20 and 21 Santa Maria S/D NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ...3.(...., day of . 19... 95. , by and between GRANTOR James M. Kendall, and Wife, FF'ances L. Kendall GRANTEE ALLEN J. WILLCOCKS Enter In appropriate block for each party: name, address, and, If appropriate, character of entity, e.q. corporation or partnership. 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. WITNESSETH, that the Grantor, for a valuable considE:ration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .. ...... . . ..................... .................... Township, -�EW.HANOVER.................. County, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR REFERENCE. N. C. BYr Auoe. Fo.m No. 3 '.0 1970, Rr.iscd D 1977 C., 1-1- e., 177, 1pk% . H,. n. c.1"05