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.
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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
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COUNTY SUBDIVISON ORDINANCE COASTAL MANAGEMENT
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MAR 0 8 1996
DIVISION OF
COASTAL MANAGEMENT
11
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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
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F ✓k 3 Marine Contractors, Inc.
P.O. Box 868
Wrightsville Beach, NC 28480
(910) 256-3062
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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
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I. If you want this receipt postmarked, stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window at hand it to
your rural carrier Inc extra charge).
2r It you do not want this receipt postmarked, stick the gummed stub to the right of the return
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3. If you want a return receipt, write the certified mail number and your name and address on a
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endorse RESTRICTED DELIVERY on the front of the article.
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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