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10-13 Benson, John
Permit Class NEW Permit Number 10-13 STATE OF NORTH CAROLINA RECEWD Department of Environment and Natural Resources and ,AN 24 2013 Coastal Resources Commission �err�it DCM-MHD CITY for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to John L. Benson, 2709 Deerfield Ln. Wilson, NC 27893 Authorizing development in Pender County at adj. to Topsail Sound. at 133 Borvk Ave. in Topsail Beach , as requested in the permittee's application dated 10/2/12, including the attached workplan drawings (3). all dated 10/2/12 This permit, issued on January 14, 2013 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e subject to nnes, imprisonment or civil action; or may cause me permit to be null and void. Dockina Facility 1) Unless specifically altered herein, this permit authorizes only the additional finger pier with associated jet -ski lifts to the existing docking facility and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. m&'f. Z-n.&Yt, Signature of Permittee John L. Benson ADDITIONAL CONDITIONS Permit # 10-13 Page 2 of 2 2) No attempt sbWLbe made by the permittee to prevent the full and free use by the public of all navigable waters at if dgce%t to the authorized work 3) The permi 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. 4) 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. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes two additional boat slips for a maximum of four formalized boat slips. General 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW-2012-01882. Perrrlit Clas§ NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit or.'p"41 for X Major Development in an Area o pursuant to NCGS I I3A-118 Excavation and/or filling pursuan Issued to John L. Benson, 2709 Deerfield Ln, Wilson, NC 27893 Authorizing development in Pender County at s Topsail Beach as requested in the permittee's ap attached woftlan drawings (3), all dated 10/2/12 This permit, issued on January 14.2013 , is subject to con with the permit), all applicable regulations, special conditions and notes set hGw f (0V. bi Permit Number 10-13 MST S -y AV 1 ✓{is,#�\ I -�.............o.. .,....a u.uy uc auuJUcL w 111lcs, 1111pnsamnem or cwu acuun; or may cause me permn ro oe nau ana voia. Docking Facility 1) Unless specifically altered herein, this permit authorizes only the additional finger pier with associated jet -ski lifts to the existing docking facility and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John L. Benson Permit # 16-13 Page 2 of 2 ADDITIONAL CONDITIONS 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) 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. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes two additional boat slips for a maximum of four formalized boat slips. General 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW-2012-01882. M WA UpUCATI911for Major Development Permit (last revised 12f27/06) L' RECEIVED NOV p g P01 DCM-MHD cj r North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if ) l33 t4of k S i %r i s Applicant 1: First Name Z MI last Name Applicant 2: First Name MI Last Name B additional applicants, pisase attach an additional page(.) vAM names killed. Mailing Address 02 0 beer e4 � PO Box Crly WI��JCM Saw /V� ZIP a78g3 Country Phone No. a5a -aM -6log sit FAX No. Street Address (d iiiBerent from above) City State ZIP Email 2. Agent/Contractor Information Business Name 416ap 11)?Iqr;17e Crinfi-��tars LLG Agent/ Contractor 1: First Name A / MI Lad Name F04 (ema n Agent/ Contractor 2: First Name MI Last Mailing Address (� "4 rD los 6f PO Boot City S State ZIP @� j�12 .? 8q { J Phone No. 1 p l ic)- 367- �1SI ei& Phone No. 2 ext. FAX No. i p a 7a 337q contractor: 6D 5 g a - Street Address (d dNerent from above) Cdy Sew ZIP Email �r, ( —RMc P l arfer. nef RE E <Fonn continues on back> OCT 2 2 2012 DcM WILMINGTON, NC Form DCM MP-1 ;Page Z of 4) APPLICATION for Major Development Permit lk RECEIVED 3. Project Location County (can be mu+tiple) Pe4er Street Address /33 &rk Ave Rd. Subdivision Name i— I & - /1k rie -0 -7 5 o �z, Phone No. Lot No.(s) (if many, attach eddi trial page with lisp - - ext. I I I, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Ca R e Icear M11A-Ma 4t 64 74i t ,BainK5 C4a ( a Is the water 6xly identified in (b) above, natural or manmade? d. Name the closest major water body this proposed project site. ❑Natural jgManmade ❑Unknown 4114AI7 G QGea^ e. Is proposed work within city limits or planning judsdiction? f. If applicable, list the planning jurisdiction or city 6nit the proposed [)LYes ❑No work falls within. low^ or 0 aet 13eAC4 4. Site Descilption a. Total length of shoreline on the tract (fL) b. Size of entire tract (sq.fL) 9sa o a3o c. Sae of individual lots) S x' �a d. Approximate elevation of tract above NHW (normal high water) or MML (ramnal water level) (If many lot sires, please attach additional page with a r#4 3. ONHW or ❑NWL e. vegetation on tract Jf�SS f. Man-made features and uses now on pact 5(Al(e 4rA1ly dwelL",J l docy, 6b;af ('4 g. Identify and describe the existing land uses adb the proposed project site. resVerLfia( 511fe &^((I JV0011ry� h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes RINo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ,9W ❑NA If yes, by whom'? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []NO National Register listed or eligible property? <Form continues on next page> OCT 2 2 2012 NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. 0) Ate there wetlands on the site? []Yes vuNo (ii) Are there coastal wetlands on the site?❑Yes 14No If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No N(iii) -(Attach JU�D documentation, if available) n. Describe existing wastewater treatment facilities. Seffiic DC rr o. Descr be existing drinking water supply source. /vlvn lV P A p. Describe existing storm water management or treatment systems. olv Wig an; 2 nch J(-Cq" i 5. Activities and Impacts a. Will the project Be Tor commercial, public, or private use? ❑Commercial ❑PubllNGovemment r$PrivatatCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. PriVnle ofock Jror- the Sole v5e of 'rhe. fr°Psfy owner. a Describe the proposed construction methodology. types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. - 5.-4, It I7f Uet baqG a'/ b�st�t c �ti�ler worl� bv«t d. List all development activities you propose. Can515 Xf tixZS- [irt e, zr r%�S¢al( a. Are the proposed activities maintenance of an existing project, new wok, or both? n e fn) Work al a/k CK 1 n ie5f d�nCe f. What is the approximate total disturbed land area resulting from the Project? N/ ^ ❑SQ.Ft «❑Acres g. Will the proposed project encroach on any public easement, public accesswray or other area ❑Yes ($No LIMA that the public tias established use of? h. Describe location and type of existing and proposed discharges to waters of the state. iv 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes ° OtgA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA J. Is there any mitigation proposed? ❑Yes ]No ,®NA it yes, attach a mitigation proposal. <Form continues on back> OCT 2 2 2012 norm UCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnfonnation In addition to this completed application form, (MP-f) the following items below, if applicable, must be submitted in order for the applica, package to be complete. Items (a) — M are always applicable to any major development application. Please consult the application instruction booklet cn brow to properly prepare the required items below. a. A project narrath`e. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please 9hre Present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or odw instrurnow t under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 17U11are, % V e /toe e. t Phone No. Address 61OOX Legacy Cirele MLrt0fP-,A(6 a8970 _ Name obar'/ (�- ai/yialc0 Phone No. Address /So /Van Z ef'f'A fi)& C ewn wi ll e t Ate- 2 70 Z 3 Name Phone No. Address g. A list of previous state or federal pp r for k�� the project trail. Include de Perms er, numbers, p, and issuing dates. 9 h. Signed consultant or agent authorization form, N applicable. I. Wetland delineation, d necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperly onmer) k. A statement of compliance with the N.C. Environmental Poky Ad (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I arr, authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is/truthful to the best of my knowledge. Date Print Name ffa( %o5�e•nalt Signature Pleasse indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED 51pCM MP-4 Structures Information OCT 2 2 2012 — LMINGTON, NC Form CICM MF-4 RECEMD STRUCTURES Nov 08 2012 (Construction within Public Trust Areas) DCM-WM CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial []PubliclGovemment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length _ (iv) Width _ (v) Floating ❑Yes ©No e. (i) Are Platforms included? [DYes ONO If yes: (ii) Number (iii) Length ion, ao (iv) Width 10 ro (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing 1. Check the proposed type of siting: ❑ land cut and access channel []Open water, dredging for basin and/or channel [DOpen water, no dredging required []Other; please describe: ' 3 k. Typical boat length: 12 `1P, !ski m. (i) Will the facility have tie pilings? ❑Yes ONO (ii) If yes number of tie pilings? ❑This section riot applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number J_ (iii) Length (iv) wk" 4 (v) Floating ❑Yes ElNo f. (i) Are Boatift included? ®Yes ❑No If yes: (ii) Number (iii) Length 8 (tv) Width 8 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('beet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). — olje. r nu b o,f- I. (Q WIN the facility be open to the general public? ❑Yea ❑No See Ito ottvVI D OCT 12 2012 NC I 2. DOCKING FACILITY/MARINA OPERATIONS KIThfs section rat applicable 1 a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ office Toilets ❑ Toilets for patrons; Number: _; Location: ETVELP ❑ Showers NOV O 8 ❑ Boathokiing tank. pumpout; Give type and location: LU 12 b. Describe treatment type and disposal location for all sanitary wastewater. DM Mm CITV c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of Wo Sewage Discharge signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and liv aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECt' V t on. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No M 2 2 2012 t'i'. V ' — � 1{ECEIVED f` 1 NOV 0 8 2012 n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No `��Mh'IflDrm o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the Proximity to the lease. 3. BOATHOUSE (induding covered lilts) a. (i) Is the boathous=_ structure(s): ❑Commercial ❑PubliciGovemment ❑Prlvate/Community (ii) Number (iii) Length (iv) Width Nofe: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood. sbeetpile, etc. If a rod* groin, use MP-2, Excavation and Fill.) a. (i) Number (tt) Length (iii) Width ®This section riot applicable MThis section not applicable 5. BREAKWATER (e.g., wood, sheefpille, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL orwedands b. Average distance from NHW, NAIL, orwedands 6. MOORING PI,UNGS and BUOYS (0 This section riot applicable a. Is the. structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline NoteThis should be measured from marsh edge, if present. e. Arc of the swing _ U. Nurry ' d. Description of buoy (color, inscription, size, anchor, etc.) OCT 2 2 2012 7. GENERAL 0CIW WILMINGTON, NC Faun DC'M MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s)to adjacent riparian pmpeft lines 60' Note: For buoy or rromft call % use arc of SwhV including length ofvessel. c. Width of water body 137, e. (i) Will navigational aids be required as a result of the project9 []Yes MNo I_JNA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. D 0 Vni/ J. Water depth at watenvard end of structure at NLW or NWL rg 2012 �t;m-Mr�n crry 8. OTHER ❑This section not applicable a. Give complete description: . n 5-fa it illy. 7'6 i9-a-i.I- Dare /3 3 60ril< J of 5k; (; {t5 Pipjad Hanle Hu ( f-o�/� Applicant Name Applicant Signature (a) bxe iei-sKi !r'f-ts RECEIVED OCT 2 2 2012 DCM WILMINGTON, NC v c fy Map J;Ile pot bow Ia O k H 133 1;u311.j BoryK MrSt t— /��(+rc 3 s ' I I ' I ^� o I U ® Z Uj Z O N Lu N Z / N SLR 0 3 U Ex;s*hj Cv^A:lAi$ /33 Ltry K Ave "rcP5^, r 3e�c'\ Nc scale; Sheet I": toot11 of 3 f G W n 'II� b y i�R f�(eman co F--f s-X Nla1KWr+r f UF{y 133 Bor k ,4ve o Sar eac G SCafe ; Aa+e : od Drawn : 9A I Fo (eiman 5 heef of 3 X x 1 YI i.1 ., x- Cc�nrtil F—a�;hth r3� U ® Z LU z N O N Z N CJ LU CD I � 3 x DpoAs —gip• h�- tfod5e he�lt ZExS°i. I own Casa( w Typ,ct,! eress 5ecf«- 33 acryK Tel 514; ro 5a� l Bead /J� Scale'• Da+e I" : lDI Psi �,xo�a brow• 6 : Old A 6letf 343 —3'mLvJ �rHr.J va /N LW -3 �� a 1Ul U z w Z o i 3 U ?rapovg( of 5pL; If44 oroposep f_^ Ic r IR NOV 0 8 2012 o ncm-m mctr, RECEIVED OCT 2 2 2012 OCM WJLM1NOTON, NC acoft Project Narrative B John L. Benson — Major Permit !wv 0 8 2012 DC!Nf_MFIDCITy The project site is located at 133 Boryk Avenue in Topsail Beach, NC. The lot is approximately Y, acre in size. The owner is proposing a 4' x 25' walkway along the bulkhead that will provide access to 2 jetski lifts. These lifts will each pick up one jetski, and will bring the total number of slips to 4. p��y� R E (-; E.V� c L✓ DW VMMIS7vON, W OCT 3 0 2012 DCM Coordinator: ID C��,/ov Permit #: MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Joey White (WARO) Marine Fisheries: Anne Deaton e-- NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler -- State Property: June Michaux �-- Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Amy Adams Al Hodge Kyle Barnes Wilmington: Joanne Steenhuis-401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: LPO: Maria Dunn (WARD) Molly Ellwood (WIRO) Fax Distribution: Permitee #: / Agent #: Pat McCrory Governor John L. Benson 2709 Deerfield Lane Wilson, N.C. 27893 Dear Sir or Madam: 0T-A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director January 14, 2013 John E. Skvada, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808.2808 i FAX: 252-247-3330 Internet: www.nccoastalmanagement.net M Equal opportunity 1 Aftmiatve Acton Employer 14 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Benson 2. LOCATION OF PROJECT SITE: 133 Boryk Avenue, Topsail Beach, Pender County Photo Index —2006: 25-6589, L-13 2000: 25-328, M-12 1995: 25-305, M-9 State Plane Coordinates - X: 733866 Y: 67685 GPS — NI 10111A Lat:34°21'09.08" Long:77°38'57.33" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-11/01/2012 RECEIVED Was Applicant Present — No f NOV pg 5. PROCESSING PROCEDURE: Application Received Complete — 10/30/2012 20]2 Office - Wilmington 6. SITE DESCRIPTION: DCbf-MMCnV (A) Local Land Use Plan - Pender Co. Land Classification from LUP — Conservation/Resource Protection (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - None (F) Type of Structures: Existing - Residence, bulkhead and docking system. Planned — Proposed boatlifts (two) and finger pier. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FULLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 196 sq. ft. (Incorporated) (C) Other (D) Total Area Disturbed: 196 sq.ft. (<0.001 ac) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to expand the existing docking facility by installing a fixed finger pier and two (2) jet ski lifts. f RECEIVED John Benson Page Two NOV 0 8 2012 9. PROJECT DESCRIPTION: The project site is located at 133 Boryk Avenue, adjacent to Topsail Sound, in TopsailNr County. To get to the site from the Wilmington Regional Office, take US Hwy 17 N to NC Hwy 210 (approximately 15 miles) and turn right. Continue approximately 2 miles along NC Hwy 210 and turn right at the intersection of NC Hwy 210 and Rowland Ave. Travel approximately 1.9 miles along Rowland Avenue and turn right onto S. Shore Drive. Continue along S. Shore Drive for approximately 7.75 miles (through Topsail Beach) and turn right onto Boryk Avenue. The subject property will be located at the terminal end of Boryk Avenue, on the left hand side of the road. The applicant currently maintains a single-family residence on the property. Existing man-made features include a residence, concrete driveway, access pier, bulkhead and docking facility. The high ground on which the residence is situated contains a moderate amount of elevated, uncovered decking, most of which is located within the 30' Coastal Shoreline Buffer. The house was constructed prior to the effective date of the Buffer Rules and therefore the applicant was allowed to exceed 200 sq. ft. of slatted, elevated, uncovered decking within the Buffer. The property is situated on a peninsula that is bordered to the west and south by Banks Channel and a man-made canal, while the northern and eastern side are bordered by residential properties. The entire shoreline (+/- 250 linear feet) is stabilized by a vinyl bulkhead. Site elevations at the property average approximately 3.5' above the normal high water (NHW) level. Vegetation on the tract consists of lawn grasses and ornamental landscaping. There are no Coastal or "404" type wetlands, on, or adjacent to the subject property. A platform (10' x 20'), fixed "step down" dock (10' x 201) and boatlift extend out into the adjacent canal, located along the southern property line. Currently, the applicant maintains two (2) slips, one wet slip and one dry slip (i.e. boatlift). Water depths in the vicinity of the existing water dependent structures range from -2.5' to -3.0', relative to normal low water (NLW). The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the Banks Channel and Topsail Sound, in the vicinity of the project area are classified as SA by the Division of Water Quality. The waters ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing to install a 4' x 25' fixed elevated finger pier immediately adjacent to the existing bulkhead, just west of the existing docking facility. As proposed, the finger pier would originate from the existing 10' x 20' platform and would extend toward the west, running parallel and immediately adjacent to the existing bulkhead. Two (2) jet -ski lifts (each measuring 6' x 8') would be installed immediately waterward of the proposed finger pier, and would extend out toward the center of the canal, approximately I V from the bulkhead. Once completed, the entire docking facility would provide dockage for up to four (4) vessels (three lifts and one wet -slip). As proposed, the additional development would be located within %4 of the width of the waterbody, within the established pier -head alignment and within the applicant's area of riparian access. According to the site plans, and due to the extensive amount of shoreline, the applicant does not intend to encroach into the adjacent 15' riparian corridor setback. Water depths in the vicinity of the proposed finger pier and jet -ski lifts average —2.5' below MLW. The width of the waterbody in the immediate vicinity of the proposed structures measures approximately 137'. 10. ANTICIPATED IMPACTS: As proposed, the planned development would incorporate approximately 196 sq. ft. of public trust and estuarine waters. The applicant has approximately 250 linear feet of shoreline allowing 2,000 sq. ft. of platform or docking space. As constructed, the existing facility totals approximately 400 sq. ft. of platform/docking space. No impacts to Coastal or "404" wetlands would occur as a result of construction. The planned development would be located within the applicant's area of riparian access, landward of the channel edge and pier -head and within'/4 of the width of the waterbody. Submitted by: Jason Dail Date: November 1, 2012 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: John Benson COUNTY: Pender PROJECT NAME: n/a a LOCATION OF PROJECT: 133 BorykAve., adjacent to Topsail Sound, in Topsail Beach NOV U 8 2012 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-30-12 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a DCM-MMC1Ty CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILNIINGTON DISTRICT MANAGER REVIEW: Z B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250.00 PUBLIC NOTICE RECD:11-8-12 END OF NOTICE DATE: 11-29-12 ADJ. RIP. PROP NOTICES RECD: DEED RECD: YES I Vy/ y APPLICATION ASSIGNED T : W^ ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: 11-6-12 STATE DUE DATE: 11-29-12 FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance t/ Land Quality Section — 1/ Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health ( Zo Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries 'meers Co ms of Engineers J�Z✓ — 7�/�Z--O/�2-- Project Name Assigned to 6V V49/1 Assigned on ACTIONS Prepare for signature following review b other Assistant Major Permits Coordinator p g g Y 1 Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other 6r,d d -Fa Fxioed* Written approval from DWQ is is n required for this project. Recommendations for State Permit — John Benson The total square footage of both existing and proposed structures were calculated as follows: Shoreline length = 250 ft. x 8 sq. ft = 2,000 sq. ft. allowable. RECEIVED Existine: Proposed: NOV 0 8 2012 Platform = 200 sq. ft Finger Pier = 4' x 25' =100 sq. ft. — Step down platform 10' x 20' = 200 sq. ft. Proposed jet ski lifts (2) = 6' x 8' = 96 sq. ft Existing boatlift = 12' x 12' = 144 sq. ft. Total = 196 sq. ft. DCM'mHD Cn y Total = 400 sq. ft. (existing and proposed) Combined total of existing and proposed = 596 sq. ft The applicant's proposal to install a finger pier and two (2) jet -ski lifts, resulting in a total of four (4) slips, appears to be CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, and Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is staffs recommendation that the proposed docking facility is CONSISTENT with the Rules in 15 NCAC 7H.0208 (b) (6) Use Standards for Docks and Piers. Based on these factors, it is recommended that a permit be issued to install a finger pier and two (2) jet -ski lifts adjacent to the subject property. This office has no objections to the proposed project. Any permit issued should also include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier head line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. The proposed structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing aline parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 0el, ���� NOV Q.8 2012 RUDER DME-HggITATPROTECTION North Carolina Department of Environment and Natural Resources Division of Coastal Management !EA1LE®Beverly Eaves Perdue Braxton C. DavisGovernor Director �1 Mcretary November 6, 2012 MEMORANDUM: TO: Jessi Baker Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: John Benson Project Location: 133 Bo rOk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached v comments. _ J l SIGNED � 'v�"�— .DATE 6 —e-�- 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.necoastalmana.gement.net An Equal OppodunitylANrtnative Acilm Employer .One Carolina turally NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chades Wakild, P E Dee Freeman Governor Director Secretary November 15, 2012 John L. Benson 2709 Deerfield Lane RECEWW Wilson, NC 27893 Subject: EXEMPTION NOV 2 0 2012 Stormwater Project No. SW8121112 Benson Jet Ski Lifts Project Pander County DC%1-MHD CITY Dear Mr. Benson: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for the subject project on November 6, 2012. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincerely, For Charles VAkild, P.E., Director Division of Water Quality GDS/art : S:IWQSIStormwaterFermits & Projects120121121112 Exemption1201211 permit 121112 cc: Allied Marine Correctors, LLC Pander County Building Inspections DCM Field Rep/Shaun Simpson Doug Huggett, DCM Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Caromet Dave Extension, Wilmington, North Carolina 28405 Phone: 91V96r72151 FAX 910,150-2004 Internet.w rimaterquality org An Equal Opportunity 1 Affirmative Action Employer t4a Carolina mnilly NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Director 99 Jl���' Governor 12 11 og 1 �co6 November 6, 2012 OV 2012 MEMORANDUM: TO: Marian 1�9�SZb2£Z22�o F WIRO NC Wildlife Resources Commission Dee Freeman Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review RECEtVEe- Applicant: John Benson NOV 13 2012 Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach Pendpr County ;,: ,,t •. ,!,,e r. Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /V Ian. I nn DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal opportunity \ Affirmative Action Employer 1-9-1Z- one NhCarolina AMM7llr, Beverly Eaves Perdue Governor - November 6, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: 0 = NOV 0 8 201' NC®ENR 2 North Carolina Department of Environment and Natural Reseurces; Division of Coastal Management - ---, Braxton C. Davis Director Dee Freeman Secretary Renee Gledhill -Early A-11 v NC Dept. of Cultural Resources ll, IL, Archives & History Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review �uu tllaLlta- John Benson Project Location: '133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. K 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 C(L tl— � 1lLL�"l l�A DATE j I ' ZW .jZ 127 Cardinal Drive Ext., Wilmington, NO 26405 Phone: 910-796.7215 \ FAX: 910-395-3964 Intemet: www.nccoastaimanaclement.net An Equal OpponuNy lAlliimalive Action Employar q Nov 0 V2012 NorthCarolina Ad rallry Beverly Eaves Perdue Governor November 6, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: LTIWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director NOV 0 9 2012 Debra Benoy Public Water Supply Disihi6t'tU1khdger RECEIVED Nov 062012 Dee Freeman Secretary Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review John Benson 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Fender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Haggett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. r/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 com ents. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.necoastaimanagement.net An Equal opportunity \ Aflinnafive Acum Empoyer / / - b__O Nne orthCarofina Naturally 11-06-'12 15:27 FROM-DENR Wilmington 910-350-2004 T-513 P0002/0003 F-774 WENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor November 6, 2012 MEMORANDUM: Division of Coastal Management Braxton C. Davis Director TO: Mark Zeigler WiRO Division of Community Assistance Dee Freeman Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: John Benson Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: XThis agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-798-7215 t In 910-395-3964 Internet: www.nccoastalmanagement.net An Frnwl nNnrinNN 1 Alfinative Acfion Emtlaer rr /C. jiz.. T oMhCarolina NaNral`y Q A, o,/, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor ! RECEMutor �h6169707,7 November 6, 2012 NOV 14 2012 .tiL`g14� � MEMORANDUM: Fi �� 2012 d 0 DCMMADf711' TO: Tim Walton NC Dept. of Administration State Property Office aZ Dee Freeman Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: John Benson Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Huaaett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: 7is agency has no objection to the project as proposed V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nocoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer No aturall� Carolina �r The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES Fn Fhex Deed Book: i i895 Page: 0157.jpg Zoomin ZoomOut Previous Next • I1® Parellal With Camel 02 being 122.o feet in length and on the northern side and parallel with Banks Channel being 93.85 feet in length end this doaorlption is to include ell the beech area containnd betwean the corner (northwest) of Lot 35, Block 49 as aforeeaid to the high water mark contained within this radius, .9 it turns between Canal f2 and Banks Channel. These two tracts being the identical property conveyed to Hurray B. Brisson, Jr. and wife, Nary N. Brlason, am .John L. Benson and wifeAnnB. Benson, by deed dated February"6T53a ann recOrdedT Boeok 470—,pege 46, pander County Registry. TO HhVB AHD To HOW a one-half undivided interest in and to the above land. and all privileges and appurtenances thereto belonging to the GRANTEE and his heirs and assign -in fam simple forever. The GRANT , for herself, her beiru and personal rapre- =totiies, ouvaunnts to and with the l3tANTEE his heirs and assigns, that she is eai.ed of a ens -half undivided interest in and to the said premiums in fee and bee full right to convey the ease in Lea simple, that there are no enrnuhrances and that she does warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TROPINOHY NRBRBOF, the said GHANTOR be. hereunto set her aam and adopted the word (amel) as her personal goal the day sad year first above written. (GRAL) NARY RRIS1� 9oR; antor4 NORTH CAROLIHA Ma clod kill, l COONTY! d6, 1, JSrry✓[,F Rio AfAil the County and state aLoresaid, do hsratery Pupmraonal3Y appeared before me NARY w. Rp CBOthe due execution of the fregoingdeed'ofg 1` Witness'my hard end Notarial seal this a day of � i , 1993. rC MS2 GIL Notary Mr,.!Public my CO0 nion zes_ rf D5lRdd (tj r) 6imi6nb b7As kg 2% 1IR RECEIVED NOV 14 2012 DCM-MHD CITY OCT 2 2 2012 ';i�'1'i� vJi[.iVii4V��lCahlld}1(r20129:1OPM The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 0895 Page: 0756.jpg Zoomin. Zoomout Previous Next NORM CAROLING ---• --• •� U 47 • r.n. 5 P%MER COUNTYmRECIB Elq. F DEEDS �I �d�1 PERDER COVNTr. K THIS DEW wnda thin yp� day Of eprll, 1993, by NedB B. HAIBSONI Widow, the GR11MR of Nadclenbung County, to JOHN L. BERSON, CR7aNTRB, whose nailing addrms is 2709. Deerfield Lane, Nilson, NC 27893. • wwwx.livarvna .Inn xnwivow •:.ma�v.u,mn.w .77P9�1 4! I df2 w I T N R R S N T B: In consideration of Ton Dollars (610.00)'and other valu- able ao:mldaratior. FadB to the G=MR by the CP.adRR2, the receipt or Mich Is hereby acknowledged, the GPaNTOR has ber- -gained and Sold, end by these Promote does hereby bargain, sell and convey to the aMMEe, his hairs and assigns, s one -halt undivided interest in and tb that certain pazcoI of land lying and being Situate in, Topsail Town,hiP PmPar County, land ly Carolina, and more particulath rly describW es follow,: TMCT RO.'l: Lot 35 in Black 49 of a Subdivision known as New ToPhall Beach, North, Carolina, Shown an a nap recorded in Plat Book 10, Pages 2e .i 25 of the Registry of Pender County, the land herein conveyeP.dbeinga portion of a treat of landconvoYe' others by by ecorded 1aaand Bank 22j� Page J.17 G. Anderson and Pender Caen Page 1tra Registry of ty, &Bea h Portion of the ease Anderson, conveyed DY Floridad in Back Basch Co.: 69, eg J.nt r0. Mderson. Jr. and recorded en Book icon Page by RG. Andy of Pener County, baivg of t64 recorded tract conveyed by Pa.age G. Aluderaea, e Ponder N. k. Regis recorded in Book ad Page _, of the apg County PPonderrCCounty Registryand am alAO . � � � Book 401 at Page 9 0! the TMCf NO, 2: Being all the beach arm m the Weeks= side oY Lot 035, Block e9 of the Sth-subdivisim of New Topsail Beach as shown on Bap wook 10, Fa gns 24 'i 15 of the Pender cm by Registry, which beach area extendo free the -interaectdon of CanaL 02 with Banks Channel smtheastarly to n line Mat ertande B. 50 deg. 50 Sin. N. from the dividing corner between Lots 35 6 35 to the high rater nark and the beach area on.the northern Sid of the 6aa0 lot Which extends from the intersections of Banks channel with Canal 12 to a line extending N. 39 deg. 09 min. 30 sea.-W. free a dividing comer between lets /35 a 34 to the high voter nark• said beach area an the western side and 1 � ' 10/1/2012 9:09 PM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Benson 2. LOCATION OF PROJECT SITE: 133 Boryk Avenue, Topsail Beach, Pender County Photo Index— 2006: 25-6589, L-13 2000: 25-328, M-12 1995: 25-305, M-9 State Plane Coordinates - X: 733866 Y: 67685 GPS — N110111A Lat:34°21'09.08" Long:77°38'57.33" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/0 1/2012 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received Complete—10/30/2012 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender Co. Land Classification from LUP — Conservation/Resource Protection (B) AEC(s) Involved: EW, PT (C) Water Dependent ®s---" (D) Intend se: Private (E) Wastewa ent: Existing —N/A Planned - None (F) Type of Structures: Existing - Residence, bulkhead and docking system. Planned — Promised boatlifts (two) and finger pier. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 196 sq. ft. Inco orated (C) Other (D) Total Area Disturbed: 196 sq.ft. (<0.001 ac) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to expand the existing docking facility by installing a fixed forger pier and two (2) jet ski lifts. John Benson Page Two 9. PROJECT DESCRIPTION: The project site is located at 133 Boryk Avenue, adjacent to Topsail Sound, in Topsail Beach, Pender County. To get to the site from the Wilmington Regional Office, take US Hwy 17 N to NC Hwy 210 (approximately 15 miles) and turn right. Continue approximately 2 miles along NC Hwy 210 and turn right at the intersection of NC Hwy 210 and Rowland Ave. Travel approximately 1.9 miles along Rowland Avenue and turn right onto S. Shore Drive. Continue along S. Shore Drive for approximately 7.75 miles (through Topsail Beach) and turn right onto Boryk Avenue. The subject property will be located at the terminal end of Boryk Avenue, on the left hand side of the road. The applicant currently maintains a single-family residence on the property. Existing man-made features include a residence, concrete driveway, access pier, bulkhead and docking facility. The high ground on which the residence is situated contains a moderate amount of elevated, uncovered decking, most of which is located within the 30' Coastal Shoreline Buffer. The house was constructed prior to the effective date of the Buffer Rules and therefore the applicant was allowed to exceed 200 sq. ft. of slatted, elevated, uncovered decking within the Buffer. The property is situated on a peninsula that is bordered to the west and south by Banks Channel and a man-made canal, while the northern and eastern side are bordered by residential properties. The entire shoreline (+/- 250 linear feet) is stabilized by a vinyl bulkhead. Site elevations at the property average approximately 3.5' above the normal high water (NHW) level. Vegetation on the tract consists of lawn grasses and ornamental landscaping. There are no Coastal or "404" type wetlands, on, or adjacent to the subject property. A platform (10' x 20'), fixed "step down" dock (10' x 20') and boatlift extend out into the adjacent canal, located along the southern property line. Currently, the applicant maintains two (2) slips, one wet slip and one dry slip (i.e. boatlift). Water depths in the vicinity of the existing water dependent structures range from -2.5' to -3.0', relative to normal low water (NLW). The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the Banks Channel and Topsail Sound, in the vicinity of the project area are classified as SA by the Division of Water Quality. The waters ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing to install a 4' x 25' fixed elevated finger pier immediately adjacent to the existing bulkhead, just west of the existing docking facility. As proposed, the forger pier would originate from the existing 10' x 20' platform and would extend toward the west, Winning parallel and immediately adjacent to the existing bulkhead. Two (2) jet -ski lifts (each measuring 6' x 8') would be installed immediately waterward of the proposed forger pier, and would extend out toward the center of the canal, ap arieaete the bulkhead. Once completed, the entire docking facility would provide dockage fo to four (4) vesse � lifts and one wet -slip). As proposed, the additional development would be located wr f the waterbody, within the established pier -head alignment and within the applicant's area of riparian access. According to the site plans, and due to the extensive amount of shoreline, the applicant does not intend to encroach into the adjacent 15' riparian corridor setback. Water depths in the vicinity of the proposed finger pier and jet -ski lifts average —2.5' below MLW. The width of the waterbody in the immediate vicinity of the proposed structures measures approximately 137'. 10. ANTICIPATED IMPACTS: As proposed, the planned development would incorporate approximately 196 sq. ft. of public trust and estuarine waters. The applicant has approximately 250 linear feet of shoreline allowing 2,000 sq. ft. of platform or docking space. As constructed, the existing facility totals approximately 400 sq. ft. of platform/docking space. No impacts to Coastal or "404" wetlands would occur as a result of construction. The planned development would be located within the applicant's area of riparian access, landward of the channel edge and pier -head and within ''/< of the width of the waterbody. Submitted by: Jason Dail Date: November 1, 2012 Office: Wilmington APPLIUEIN %r major neveiopment Permit (last revised 12f27/O6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) 133 R6 A .l SK; Ir s Applicant 1: First Name �� MI last Name 8e-750 Applicant 2: First Name MI Last Name If additional apphcants, please attach an additional pages) with names listed. Mailing Address d !O I heel' �`e�d PO Box City) State ZIP a7sg3 Country Phone No- a5a -Mt 69os ext. FAX No. Street Address (if ddfarent from above) City State ZIP Email 2. Agent/Contractorintor madon NOV 14 2012 Business Name 416e,40 /17a ri o e 61thr.• ears GLG DCM-MHD crrY Agent/ Contractor 1: First Name ffa l MI Last Name Fa<(ena.r Agent/ Contractor 2: First Name Mf Last Mailing Address ^c t? PO Box City tet State Svc ZIP Phone No. 1 f(io- 367- dl,5-1 eL Phone No. 2 ext. FAX No. io a7a 337q Contractor# 6©9gx Street Address (if dff iamnt from above) City State ZIP Email ��. I —G��tc � Gl�af-fer• �tef �"� " <Form continues on back> OCT 2 2 2012 )('IVI WRA)IINIC3TON. NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # P e,r 133 &r 1l- AVe Subdivision Name 6ty_ State At- Zip ;? 8-Ngs` I o ar 2u Phone No. Lot No.(s) (d many, atach addiional page with frost) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 6L e, reefs /'+tan-mrje a / I &^P-5 C64 ei c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural CgManmade ❑Unknown &AAhL QGLRn e. Is proposed work within city limits or,planning jurisdiction? f. If applicable, list the planning jurisdiction or city land the proposed j�Yes ❑No work falls within. TOof % �P � I Dorn Dr 4. Site Description a. Total length of shoreline on the tract (fL) b. Size of entire tract (sq.n.) 9Sa o a3© c. Size of individual lot(s) g{S' )< j �� d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterleveo (If many lot sizes, please attach additional page with a fist) 3,S CNH1N or ❑NWL e. Vegetation on tract. �j r�SS f. Man-made features and uses now on tract , �slmily dfaef(�ry / aeoc�cf �It triF} g. Identify and desoibe the existing land uses adjacent to the proposed project site. fesi�e��fiaf si��(� �it�neYly e�Pvvelrl�5 h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) JNYes ❑No ❑NA J. Is the proposed activity part of an urban waterhont redevelopment proposal? ❑Yes RNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ,9No DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes National Register listed or eligible property? l'j) DNo 'P- ijw r' v...,• t,.. 4 i h 3 .. <Form continues on next page> OCT 2 2 2012 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit ❑Yes b4No m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? ❑Yes tZNo (iii) tl yes to either (i) or (ii) above, has a delineation been conducted? ❑ Yes []No (Attach documentation, if available) n. Describe existing wastewater treatmentfacilities. SepiliC- o. Describe existing drinking water supply source. Mon ( P h ( pp p. Describe existing storm water management or treatment systems. o1 V f kt5 pt.er dl 2 n-dr :` rn r:✓L 5. Activities and Impacts p p ❑Commercial ❑Publid/Govemment a. Will the project be for commercial, ublic, or rivets use. j"gprivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. pj-itfafr aJo(,1< For the_ 5ole v5eoF `the- frbpirfy owner. c. Describe the proposed conshuction methodology, types of corubucbon equipment to be used during consbutliorr, the number of each type of equipment and where @ is to be stored. -$mall RrllBt 6aqG sd/ 6.6ty, eshAler worKbr«t d. List all development activities you propose. Gon5fyr f 14XZy f,,ueryp, 2r � ritSfa/f CZ) J e-f 5(kr h%ffs. e. Are the proposed activities maintenance of an existing/ project, new work, or both? /JBcJ Work QI auj r°K l'n iC5ld-e' Ce f. What is the approximate total disturbed land area resulting from the propolM project? All ❑Sq.R or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes RNo ❑NA that the public has established use oY? It. Describe location and type of existing and proposed discharges to waters of the state. /V /+ i. Will wastewater or stortnwater be discharged into a wetland? ❑Yes DINo WbA If yes, will this discharged water be of the same salinity as the receiving "ter? []Yes []No P§NA J. Is there any mlligation proposed? []Yes[]No®NA RECEIVED If yes, attach a mitigation proposal. I on back:,-OCT 2 2 2012 . DCM-MHDCTTY corn DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnfonnation In addition to this completed apprx3tion form, (MP-1) the following items below, IF applicable, must be submitted in ordertor the application package to be complete. items (a) — M are always applicable to any ma)ordevalopmerd application. Please consult the application instruction booklet on how to pmpedy prepare the required items below. a. A project narrative. b. An accurate, dated work plat (inciudtrhg plan view and cross- sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? if previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency, personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name / agetr' f V e /I isc e-i Phone No. Address 6igX Le•gy 6i`rc/e eA.rlotk,Arc- dS97o _ Name Rt76er�6YbTAareo Phone No. Address /<;p A(arlZeff-k 1" lewi'iyile f Ax 27(z3 Name Phone No. Address g. A list of previous state or federal permits issued for work on the projecttrad. Include permit numbers, pennittee, and issuing dates. f W O �a as h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmemal Policy Act(N.C.G.S. 113A 1-10), if necessary. If the project invohrr_s expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I understand that any permit issued in response to this application will allow only the development descnoed in me appncanon. The project will be subject to the conditions and restrictions contained in the permit I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is//tr!ruthful to the best of my knowledge. Date /�'�`1? Print Name ryaleMetn Signature Please indicate application attachments pertaining to your proposed projectL ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development %DCM MP-4 Structures Information OCT 2 2 2012 .1t,i:7 `)N; NC Form EOCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACUITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/madna: ❑Commercial ❑PubliciGovemment ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (1) Are Finger Piers included? ®Yes ❑No (t) Number If yes: (iii) Length =R.. (ii) Number I (iv) WKRh I'll (iii) Length 15 (v) Floating ❑Yes ®No (iv) Width W (v) Floating []Yes ©No e. () Are Platforms included? WYes []No f. (i) Are BoatlFRs inducted? ®Yes []No If Yes: F'(' g.ft „" If yes: (it) Number a 4 (ii) Number (iii) Length /moo (iii) Length 3 IN) Width 10 1 la (iv) Width 8 (v) Floating ❑Yes ®No Note: Roofed areas are calculated from do ine dimensions. g. (i) Number of slips proposed In. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips/ only, number of slips: _ ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel [Open water; no dredging required ❑Other; please describe: k. Typical boat length: a F, !ski RECEIVED m. (I) Will the facility have tie plings? OYes IJNo NOV 14 2012 (i) If yes number of tie pilings? DCM-MAD CITY I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). ope.t ru,,G60,t I. (i) Will the facility be open to the general public? ❑Yes ❑No Sep l �,5 f e� ife'y o(bjA',y rw OCT 2 2 2012 tow INC Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. o. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. () Give the location and number of 'No Sewage Discharge' signs proposed. (ii) Give the location and number of °Pumpout Available signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake signs proposed. 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No _s. OCT 2 2 2012 f.. Bill 11V t l N N B d— n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the madnaldocking facility proposed within or adjacent to coastal xetlandshnarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (Ill If any boxes are clicked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) MThis section not applicable a. (I) Is the boathouse structure(s): []Commercial ❑PublictGovemment ❑Private/Community (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and FIB.) JoThis section not applicable a. (1) Number (if) Length — (it) Wift 5. BREAKWATER (e.g., wood, sheelpile, etc.) jpJThis section not applicable a, Length b. Average distance from NHW, NWL, or wetlands c. Maximum distano_ beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS 10This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline — Note. This shouhi be measured from marsh edge, if present. e. Arc of the swing _ D. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED NOV 14 2012 Xhf-MHD CITY OCT 2 2 2012 7. GENERAL �)Cirit WiLMI(+GTON, NC. F43d;mt 0(J:,&`$ fife'-4 (structuaes, Page 4 o: 4) a. Proximity of structuFe(s) to adjacent riparian property lines & r Note: For buoy or mooring piling, use arc of swing intruding length of vessel. c. Width of water body /37, e. () Will navigational aids be required as a result of the project? ❑Yes MNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facili ies. 800 d. Water depth at waterwanl end of structure at NLW or NWL a,.s feci 8. OTHER ❑This section not applicable a. Give complete description: 3n5'ftait 14KZ5 kr'r Pr'e.T 6YJg iej SKi Ir'fts Date 133 Borg , of 5k; ris Project Name Ha /C'.vr.a 17 Applicant Name Applicant Signature fl •.vn ii r�F� �'. �x:Jl OCT 2 2 2012 L5C?)� 411o9..irld((t�'jfiaj?„ S,9C; Project Narrative John L. Benson — Major Permit The project site is located at 133 Boryk Avenue in Topsail Beach, NC. The lot is approximately Y. acre in size. The owner is proposing a 4' x 25' walkway along the bulkhead that will provide access to 2 jetski lifts. These lifts will each pick up one jetski, and will bring the total number of slips to 4. REGEOvr—L. DIN Vd"9MMTON, NC OCT 3 0 2012 RECEIVED 101 14 2012 DCM•MHD CITY vic" A;f•f map �r Wt. OS Il J Dille Me. 7oP say l Is l a�-Q 7 n C J o� '4- a Q ism L&2 t - > 3 A' s Ex�s'/h Con S,r6 )33 9�./K Ave _ 10251,l 8e fth He Scn le ; 5hee t loo'II of 3 \\("; rI warr<°Jay ru<r3 7os��' 3 Bc, k 4ve "o say' eac c Seale (11Z. rD` oct.a,2oiz Drawl^ , HA t Fo (eman Sheef z of 3 -X Whs a,( MI-W ro-z- ra X It +;- Esalot rex x 0 o _ (°.0 10 �I 4 E'..-� rryr •••S k—rJi,f-fA � C n 11,Ox 551 ,aroro `f� rixt5 J —�Q• �ma Ex�s+�h�, Ex9. rfnJSe �x,5-any O�liCn ene 'hw5c r Br,.,V-s GtiOL^^G( n= o 0 18 lv / U N O � m S Qp o A rvwn-Ovu CAlet ( 7�0+(n( Cresc lietf'uti /33 abrm T 4 59; �o Sai(Bea�l. lVL Scale', ba+e' I" = lo' Ocd 2 ,2o,a 343 in . �' R+ c F4 _:F �roro5e��ef51�� I�'F+5 r�PoSe�� T;n�¢r e.v http://gis.pendercounrync.gov/newgis/s ite/Pr intTemplates/PrintOut.aspx u G o Ck cz w Nov, 19. 2012 2:47PM NC Dept of Transportation '1 No.4930 P. 1/1 ryo IMIDA T Iq W � *A jt t9-IZ rvF'r �IN DISTRICT 1 NCDEE R 0� �NOV t 41olz North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman November 6, 2012 Secretary MEMORANDUM: TO: Robert Vause NC DOT Pender County FROM: Doud Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557. (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: John Benson Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hume at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. /�j This agency objects to the project for reasons described in the attached s. SIGNED "' m �tSTf ' DATE < < 19 I?1• 127 Cardinal Drive Ext., Wilmington, NO 2M Phone; 910-796-72151 FAX; 914395,39641ntemel: wwancea talmana emerd.net An Equal OpporlururylAKrmaWe Mon Employer N0 e CaToha Adyn 1b, L:5� ��A G NCD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary November 6, 2012 RECEIVED MEMORANDUM: NOV 2 0 2012 TO: Shannon Jenkins NC DEH Shellfish Sanitation Section DCMMADCITI FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: John Benson Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Huagett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE f-oC"-) Lu, 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net An Egwl OppoMniry 1 Affirmative Acton Employer it- I- 1Z Nne orthCarolina Nahmallil e�� o� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue gECEPM Braxton C. Davis Governor Director E � E 1 V E Secretary De Freeman November 6, 2012 NOV 19 2012 C� NOV 0 6 2012 MEMORANDUM: pCM_MtiDC1TY 13Y,------- TO: Linda Lewis Stormwater Section Division of Water Quality -WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: John Benson Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hw-aett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY:X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project comments. SIGNED41�" DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641ntemet www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Acban Employer for reasons described in the attached No thCarolina Naturally Beverly Eaves Perdue Governor November 6, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton Davis IF RECMM [rector NOV 19 2012 DCM-MBD cffy Dan Sams Division of Land Resources N01� a � Zur2 Dee Freeman Secretary Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review John Benson Project Location: 133 Boyrk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: expand existing docking facility by installing a fixed finger pier and 2 jet -ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 29, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1 t ? �Z-of Z Ext., Wilmington, NC 28405 9' 1215\FAX:910.395.3964Internet: www.nccoastalmanaaement.net Affirmahe Action Employer One NorthCarolina Naturally To: Daniel Govoni From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, John Benson, Topsail Beach, Pender County Date: November 14, 2012 Consistency Determination: This project is consistent and not in conflict with the. Topsail Beach Land Use Plan update. The applicant is proposing to expand the existing docking facility by installing a fixed finger pier and two (2) jet ski lifts. The project is located at 133 Boryk Avenue in Topsail Beach, Pender County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PT. Waters at the site are classified as SA and are not open to shell fishing. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation/Resource Protection. In general, the Topsail Beach Land Use Plan allows development in Conservation/Resource Protection classified AECs which is consistent with the State's minimum use standards. The Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the Topsail Beach Land Use Plan Update. Cc: File Govoni, Daniel From: Timpy, David L SAW (David.L.Timpy@usace.army.mil] Sent: Monday, November 26, 2012 10:00 AM To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Subject: John Benson, SAW-2012-01882, LAMA Major App, GP56 Attachments: GP78-0056signed.pdf Reference the application submitted by John Benson to expand an existing docking facility by installing a fixed pier and 2 ]et Ski lifts at 133 Boyrk Avenue, Topsail Beach, Pender County, North Carolina. Based on the referenced application, the proposed dock expansion meets the terms and conditions of GP197800056 (Docks and Walkways, GP56) provided the applicant obtains the required CAMA permit and complies with the terms and conditions of the CWA Section 401 Water Quality Certification for this general permit and obtains a CAMA permit for this activity. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2012-01882. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://pert.nwp.usace.armV.mil/survey.html to complete the survey online. 1 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received on October 30, 2012. According to said application, John Benson proposes to expand the existing docking facility at 133 Boryk Ave., adjacent to Topsail Sound, in Topsail Beach, Pender County. A copy of this entire application may be examined or copied at the office of Jason Dail, N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, November 29, 2012, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal opponuniy \ Afiirmalive Action Employer Naurally eCarolina Aja NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary November 6, 2012 �CEr1rED Wilmhigton.classified@stamewsonline.com FAX: 343-2229 V 0 8 2 Pages 2012 Star News Dcv.mmcrily Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Benson Major Public Notice Kyle/Heather: Please publish the attached Notice in the Thursday, November 8, 2012 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Div. of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910- 796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. / Sinra k Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: File Copy Doug Huggett Dave Timpy 127 cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910.395.3964 Internet: www.ncoDastaimanagament.net An Equal Opportunity 1 Alfinnalrve Achon Employer o e Carolina N�Natura!!rff MAJOR PERMIT FEE SCHEDULE 3 John L. Benson / PN Co / $ DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does --- not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 Nov o a Zo�z MM,icrry The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES __---.-a____ -- _c u_ ;_4...+,..�},-- e.n..-.n�el Deed Book 0895 Page0157.jpg Zoomin Zoomout Previous NeM 11 110 parallel w1M Camel 02 being 122.o feet in length and m the northern aide and parallel with Banks Channel being 93.85 feet in lengM ennd this description is to include all the beach area contained between the corner (northwest) of lot 25. Block 49 as aforesaid to the high water am* contained within this radium, as it turns between Canal 42 and Banke Channel. These two tracts being the identical property conveyed to Murray B. eriaeon, Jr. and wife, Mary W. Brleson, and John L. Benson and vif, l_ Ann B. Benson, by deed dated FebruaryB-W4 and recorded'in Book 470,"Page 46, Pender County Registry. TO RAVE AND TO HOLD a one-half undivided interest in and to the above lands and all privileges and appurtenances thereto belonging to the GRANTEE and his heirs and assigns in fee simple forever. The GRANTOR, for herself, her heirs and personal repre- eentativm, rev enante to and with the GRANTER, his heirs end asslgna, Met she is seized of a one-half undivided interest in and to the said presiaes in fee and has full right to convey the sane in fee simple) that there are no encuebrences and that She does warrant and will forever defend the title to the same against the lawful claims of all persons whoneoever. IN TYSTINONf NRERROF, the Said GRANTOR has hereunto set her hand and adopted the word (seal) as her personal seal the day and year first above written. MMY 1 . BRISSON, Gran[or NORTH CAROLINA 1 f CoONTYdl„ /i the Caun JS�I L��tlal�>C •-a No[ery PUDl align ty end State aLoraeeid, do hereby certif peraonally appeared before m NARY N. MICSON and, the due execution of the foregoing deadofconveyan AStnesa MY hand end Notarial Seal Mia day of , AFt-: I 1991. tf O518dd(tjr) Notary public my Comieslon Expires: H7 Cmuh" [s:t:s 117 % 1W RECEIVED OCT 2 2 2012 ,e2 DCM WILMINGTON1aDIk20129:10PM The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 0895 Page: 0156.jpg Zoomin Zoomout Previous Next 19 40 )t 2 -----• -- sa.�_3-1. fo ll y7 NORTH CAROLINA P�1 s1ZDOl'CE N, SNICECOOD %LNNDER COUNTY 12 S . ORECISTER OF DEEDS Ti A- PEROER COUNTY, N.G v n THIS Widow wade this � day of April, 1991, by MANY L. BERSON, Ridov, the GRANTOR Of Mecklenburg 709county, to DJOHN eerfield n Wilson, GRANTEE, whose mailing address is 2709 Oeerfleld Lene, Wilson, NC 27893. N I T N R S S E T H: In consideration of Tan Dollars ($16,o0) and other valu- able co„sideratior. pa13 to the GRAXTCR by the GRAtH'BL, tho receipt of which is hereby scknovledged, the GRAMN he, her_ gained and sold, and by these present, dues hereby bargain, Sell and convey to the GRANTEN, his heirs and assigns, a one-half undivided interest In and to that certain parcel of land lying and being situate in it Township, Ponder County, North Carolina, and sore particularly described es follows: TRACT NO. 1: tOt 35 in Block 49 of a Subdivision known as Nov Topsail Beach, North Carolina, shown on a sap recorded in Plat Book to, Pages 24 6 25 of the Registry of Ponder Countyl the land herein conveyed being a portion of a tract of land Conveyed by Evelyn P. 81000 and others to J. G. Anderson and others by dead recorded In Book 227, Page 171, Registry of Pander County, being,a Portion of the ease tract conveyed by Florida -Carolina Seacl, Ca.) Inc. to J. G. Anderson, Jr. and recorded in Book 167, Page 069, Registry of Pander County, being of the saw tract conveyed by J. G. Anderson, Jr., to N. A. Baryk, recorded in Book 167, Page _, of the Pander County Registry and ,ea also dead recorded in Book 401 at page 9 of the Pander County Registry. TRACT NO. 2: Being all the beach area on the western aide of Lot 135, Blank 49 of the Sth Subdivision of New Topsail Beach as shown on map book 10, Fa966 e2 i 15 of the Pudar Ceurty P.egletry, which beach area extends true the intersection of Canal 12 with Banks Channel Southeasterly to a line that extends S. 50 dog. 50 sin. N. frue the dividing corner between Lots 35 6 36 to the high water mark and the beach area on the northern side of the ease lot which extend. true the intersections of Banks channel with Canal 12 to a line extending N. 39 deg. 09 .in. 20 Sec. N. fro, :,dividing corn,_^ between Lob 115 6 la to the high voter mark, asid beach area on the western aide and NOV 0 g 2012 flC1f.Xf4DCrr' IVED OCT 2 2 2012 DCM WILMINGTON, NC 1011 /2012 9:09 PM m li NCDEE R North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Allied Marine Contractors. LLC Attn: Hal Fogleman 92 Harold Ct. Hampstead, NC 28443 Dear Mr. Fogleman: Division of Coastal Management Braxton C. Davis Director November 5, 2012 Dee Freeman Secretary fkECg�D No Novo �UJID The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of John Benson, for State approval of a dock expansion (pier and two (2) jet ski lifts) located at 133 Boryk Avenue, adjacent to Topsail Sound, in Topsail Beach, Pnder County. It was received as complete on October 30, 2012, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 15, 2013. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 30, 2012, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. incerely��`1 J on Dail ield Representative — N.C. Division of Coastal Management cc: DCM - MHC WiRO — file COE — Dave Timpy John Benson (owner) — 2709 Deerfield Lane, Wilson, NC 27893 127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845 Ile Phone: 910-796-7215 1 FAX: 910-395-39641Internet wwwriccoastalmenagementnet N�orthCarofina An Equal Opportunity I Affirmative Action Employer- 50°A Recycled 110% Post Consumer Paper VahaQl [ J/ N0T1(0'$1?gA LAMA PERM1Tiw7.,"* APPLIE F R N PROJECT: Applicant proposes to expand the existing - .,a installing fin. doe ty by wfox�d ind jet ski lifts at 1.33 13ovrkAve., adjacent o Banks Channel, in Topsail Beaeh, Pender County - COMMENTS ACCEPTED THROUGH November29, 2012 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Allied Marine Contractors, LLC NC Div. of Coastal Management Hal Fogleman 127 Cardinal Dr. Ext. 99 Harold Court Wilmington, NC 28405 Hampstead, NG 2844a Jason Dail, Field Representative 910-796-7215 For: John Benson OCT-03-2012 WED 03:17 PM Benson Rentals FAX NO. 12522432610 P. 01/01 �Mqflx& HCBM North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gragson, Director Dee Freeman, Secretary Date / 0 — 3 —1°Z &I[tp NOV 0 8 2012 Name of Property Owner Applying for Permit: i° Mailing Address: W4&-, N�- ,;-i gi 3 I certify that I have authorized (agent) /7� 1 ecQ M ar rl -c At te-W6 bract on my behalf, for the purpose of applying for and obtaining all CA Permits necessary to install or construct (activity) at (my property located at) i tX - i33 boruk This certification is valid thru (date) Signature Date 400 Commerce Avenue, Morehead City, North Carolina 28557 Ptl -. nCn ono nano I r • v. nrn nA. 090n 1 L.L....,.1. ......, ...w....L1............nu ( y ~�� E I V E—D OCT 2 2 20f2 <ICM WILMINGTON, NC 1 9 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IN Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ankle Addressed to: So nfan z e- f fi;IL Q,t77 Lew'3Vt/is AIC 270_23 A. Signature nmft Nov 0 8 2012 went B. ecelvetl Printed Name C. Date of - o. i�a, /0 - if D. Is delivery address different from Rem 19 ❑ Yes If YES, enter delivery address below: ❑ No RECEIVED DCM WILMINGTON, NC 3. Service Types V I v' " -4v� JUXertifled Mail Q Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (aft Fee) 0 Y 99 2. Article Number (transfer from service It 7012 1640 0000 1120 8481 PS Form 3811, February 2004 Domestic Return Receipt — _._ 102595-02 M-1540 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mrs - -1� �roZ L �.Y Gfr�lc h (!A R f /a ArC Aa; 70 , r 0 Agent by (Printed Name) I C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ h' RECEIVED M WILMINGTON, NC 3.'Avice Type .Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merch. ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery? pft Fee) ❑ Ye. 2. Article Number (nansferfrom service fat 7012 1640 0000 1120 8498 PS Form 3811, February 2004 Domestic Return Receipt 102595-C Dail, Jason From: Dail, Jason Sent: Tuesday, October 30, 2012 10:26 AM To: 'Hal Fogleman' Subject: Incomplete application - Additional information needed - John Benson - 133 Borky, Topsail Beach - CAMA MAjor dtFCEIVED RE: CAMA Major Permit Application John Benson NOV 0 8 2012 133 Boryk Ave., Topsail Beach, Pender Co. DC! f_AMDCITY Dear Mr. Fogleman: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of John Benson, for development activities adjacent to property located at 133 Boryk Ave., Topsail Beach, Pender County. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. • Please provide a project narrative detailing the proposed development. • Please provide a check in the amount of $250.00, made payable to: NCDENR. This fee is required to cover permit processing. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7221. Sincerely, Electronic signature 10/30/12 Jason Dail Field Representative FM. 1t l ► Jason Dail Field Representative N'.C.Division of Coastal Managertrent 127Catdinal Drive Extensio» Wilmington, NC28405 ' M.(910)796-72�I Fac:(910)395 3964 ` '-�"" ; - Email: Jason.dailft7ncdrnr.gov �, " 01414'.n CfOa aalmanagetn e7lt Jt et \otHt CmAina Department of .::: q... t r'. otnierut .md Jatural, e&ouaees « RECER ED NOV 0 8 2012 D C17'V *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Pubic records Law and may be disclosed to third parties.* z NC Division of Coastal Management Major Permit Application Computer Sheet AEC Fee Schedule CDAITS Applicant: John L. Benson 10-22-12 Agent/Contractor: Allied Marine Contractors, LLC / Hal Fogleman Project Site County : Pender Staff: Dail District: Wilmington Project Name: Residential docking facility Rover File: N10 16- N ail Date application "received as complete" in the Field office n/7 D .'U SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Ye No PNA: ❑Yes No Photos Taken: Yes Setback Required (riparian): ❑Yes o Critical Habitat: ❑Yes o ❑Not Sure 15 foot waiver obtained: ❑Yes VNo Hazard Notification Returned: ❑YesANo SAV: Yes NO ❑Not Sure Shell Bottom: Yes Oo ❑ Not Temporary Impacts: Yes Sure �o Sandbags: Yes No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ❑Ye5_]I]No ❑Yes,,QNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑YG&4No ❑NA ❑Yesls No []NA Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- � <O O A SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) VVC I LAND5 IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jarnaice El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) . cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - ❑ ll. Public or commercial/no dredge $100 and/or fill - $400 IZ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Applicant: Benson Date: 10/22/12 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace '�- Maint ❑ Y N New Wo Replace f /p Maint ❑ Y �Q New Wo Re lace ,— I 1 Maint ❑ ❑ Y New Work Re ace Maint ❑ ❑ Y ❑ N New Work Replace Main! ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Oth Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888.4RCOAST:: www.necoastaimananoment.net revised: 10/12/06