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HomeMy WebLinkAbout30-96 Spivey, JerryPermit Class Permit Number STATE OF NORTH CAROLINA Department of Environrriem,'Health & Natural Resources Coastal Resources Commission : Prmtt ,_ for X Major Development in an'Area.of Environmental Concern pursuant to NCGS 113A"118 - Excavation and/or filling pursuant to NCGS 113-229 Issued to JerrySpiygy, 820 Santa Maria Ave Wilmington NC 28405 30-96 authorizing development in New Hanover County at Page's Creek, in the Porter's Neck area of New Hanover County requested in the permittee's application dated 11/25/95 including attached workplan drawings, 1 dated 2/16/96 and 2 dated received 12/11/95 This permit, issued on MARCH B. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. DOCKING FACILITY 1. The portion of the pier parallel to the existing bulkhead shall be positioned waterward of the outer edge of coastal wetlands. 2. The alignment of the proposed pier shall be staked by a representative of the Division of Coastal Management prior to initiation of construction. All structures over coastal wetlands must have a minimum clearance of 48 inches above the substrate. All structures over coastal wetlands must have a maximum width of 6 feet. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. \ate\Stir�iQc �Itoge . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pertnittee Jerry Spivey Permit # 30-96 ADDITIONAL CONDITIONS Page 2 of 2 5. No sewage, whether treated or untreated, shall be. discharged at any time from boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6. The piers and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. 7. 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. 8. This permit authorizes only the docks, piers and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 9. No vegetated wetlands will be excavated or filled. 10. 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. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 395-3900 prior to commencement of any such activity for this determination. NOTE: The Division of Environmental Management has assigned the proposed project DEM Project No. 951298. :,orm'DCM-MP-1 APPLICATION (To be completed by all applicants) b. Cr�yy, town, wmmunity, or landmark 1. APPLICANT J�on�tns Nc-ck c. Street address or secondary road number a. Landowner: t 8� b fA" �' rn art rA /�uC i I 1 Name/ S�JUE/ (I1;,•{J. proposed work within city I' its or planning L 1 " 1995 ]urisdiction? Yes V No Address 8.20 SFilyiici 1"Potm AU>=.r ! OF e. Name of body of wat r nearest project (e.g. river, / ),lm,n6TIM 4L MANAuEMEilk sound ba City IV State"IV � 6reeY) - fi6CS L')teEK Zip 2 ids Day Phone �63- yGr6 Fax.? `3- 316`i 3. DESCRIPTION AND PLANNED USE Authorized Agent: 1 Name rc2/'C�1Vn/ �l/� S %J1li✓Glnr ) Address Pa IJ( ,Ba City StateUC Zip G �iJy Day Phone S6' 3UG Fax c. Project name (if any) N07E: Permit %W be issued in name of lmLdm ner(s), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County RP.J I PAJO OEM OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and rvation and/or filling activities. a MIWwioC6x-nj9n ,7uVx`61L1' Awn Iwo l3tx261 GLdA,%N6 M,I1wlef b. Is the proposed activity maintenance of an existing project, new work, or both? Mc-W Womt( c. Will the project be for public, private or commercial use? 172rv1>-5 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. I-r6 P120016C DNC fl a aT S1. 1P 4f i9cn boa 17hi 'S1t1CehI L. LaT3 PLZIS oMC 6lLEJT SLI P �oipcoF i-aunluPs 'VD OIic-06JIU1, /S 1Ze0umL-0 IrorL ��itJM&Mpvt Revised 03195 Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER _ _ �Fpfl (_ .zi. CHARACTERISTICS a. Size of entire tract 42.Ot ' SH«t:3 n. Describe location and type of discharges to waters of lie -state. (For example, surface runoff, sanitary b. Size of individual lot(s) 3" , lx&c . t)it! i (D� u �;�wt w�r, industrial/commercial effluent, "wash n( down fan residential discharges.) c. AApppproximate/elevation of tract above orDEC 11 1y55U� SUIL�GL 2UV�DCF i DIV1S1Oi1 OF d. Soil type(s) and texture(s) of tract OOASTAL MARL F�k�_,q-Fxisting drinking water supply source. s�lrVD7 .fol L W�LI e. Vegetation on tract �2rrS A-J)V %7'2t3( /J�6trfi'I+m1 f. Man-made features now on tract IVUNt 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the ioLnt land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the propose,dyrroject consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological ass ment been done for the tract? Yes No If yes, by whom? In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District o does it involve a National only high quality copies will be accepted. Blue -line Register listed or igible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands o)f the site? I Yes _ No Engineers regarding that agency's use of larger oastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Attach documentation, tf available) guide agency personnel unfamiliar with the area to the 014Z7S,A11`Lt1NR -41o2q y/R%1EtLW/m.:-fF L'Ytsi,gb112YLOfVT Re.ised 03195 'Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND. • A list of the names and complete addr � f lie, O RK#n�t? d that any permit issued in response to this adjacent waterfront li tqniwill allow only J (riparian) landowners and aPP} y the development described in signed return receipts as proof that st"h�wngg�- the application. The project will be subject to conditions have received a copy of the application and pl$ 1' 1 1 atB�es>ritxions contained i-i the permit. by certified mail. Such landowners must be advisetUiSiON OF . that they have 30 days in which to submift�.mtlti;it4- MAN to the best of my knowledge, the proposed on the proposed project to the Division of Coastal roi�'6oinpiies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name MS. Lees-51r K.onEt SON Address _ &36 SANrg m9ang 4yg. Phone (,y1Ln.•A6-rtm,NL.2dY65- Name Alit. RdElv �✓f!([oc�< Address 946 SAnti19 Phone V11--1n6T".W1-.2.YO5 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Ibis is the a day of MAL)• 19 95, Print Name �W,/�j� 7h/r✓ l Signature Im,daw„er or Authorized Agent < Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _/DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP4 ti S�R�UC'TL (Construction c :Attach this-lonn to Joint APP'lic -'Peiiit'Toira DCMWD-1Be si othersections a Al DEC 11 1995 'Divi"10, -nOASTM AL ANA GEMONT e -Mo oring buoys Mete all k (1) Cormnercial —CommunityPrivate" tch relate to (2) Number M ti - ionofbuoy P i i"c (Cojor, imscription, size, anchbr, etc �Width'of water body � wa IV 00 ft��-u-n--lMv Fd end It' of jpr. ts Apolkint or t^ balk ice/ 0T ex (e.-g:l-,Wb6'd,,s'heet p"ile,-etc.)Yz.-; signs, (2) s ,Breakwater e.g ywood, `-4 'V- j(2)�Average-dist :4 Weilmds r (3) tMax'-'imum distance beyond MHW -NWL or wetlafids /'/ a JEIt��SPi►�� I I ! � ! , ' ! ! I AftA Air /')) Ij I; � IIIII IIII tl-i kAd IUILM�n67lhf �1G 28Y�i I! ,, I I �!! I I! t I ! j L—J � 1%a ! p I I rn I!11 I Q I il�iIIIII ��+�74 �rI Zg 'IIIII !lilll;'��?^�511' m-7Tlllll! II I I i d s� � w-•i I I I I I ��III li�l UII i a i I I i 90 ;ill Iliiillliljll i I , I C04u Don. I I 1. S! � II�ali'; I I I II III rill, l-II'�II e Ii!I�1 Ii Itl' II I 1 'I "Ijj� Ilii Ill. 1, • limb Ili. 69� poJ i i i I ill ;IIIII it il II� •�D3�e73 1 � I l l i i I t I I l l 1 1 1 itit �i 11'I� lil li'�!t I ' F & S Marine Contractors, Inc. I !!III B0. Box 868 Wrightsville Beach, NC 28480 j (910) 256.3062 I I', I III; Illiil�l lil iil' I I: IIII II Illlli;i 11'Ill li!! (IIII III � Illlll�liillllltii!I : 1 II l i I'!II!! IIII II I I ; II Milli II I IIII !I�Illi:I' IIII ! I IIII IColl j!II lit II II I Illllililli iii ! tlil't!I! t �.Af�+a D••r I IIII III I 6+�$I�ANIiNi I I l j I it IIC-�n I III I Milli! II II III ✓ it I IIIII :i I � :� ! !lil: , 1 1 -.. , I,11 I I >D Ifl I 14 In'��ILL JOB�99d !iIII II I! !II II'III� / li il;ll IIIII I !!; I '��U II 1 !ap" � SIP . f ' d�i I .. • �i10�;�;e e r' Fill I EVEi7ETr•G .� CREE}C L s /ywt_ n DEC 11 19"` E)IV1-0101%4 0 T,t— MANAG j � I f ';jilnha)Yi;7{�obI-£.- C—� 2' rill LO C31ui a 0) LL -Q '—i C�=15-5 Q < J 0 UN6 iElFO 16 F & S Marine Contractors, Inc. RO, Box 868 Wrightsville Beach, NC 28480 (910) 256-3062 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 11, 1996 Mr. Jerry Spivey 820 Santa Maria Avenue Wilmington, NC 28405 Dear Sir: /\ •: If C)EHNF1 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. _ Very sincerely, -x John. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jerry Spivey 2. LOCATION OF PROJECT SITE: Adjacent to Page's Creek at 820 Santa Maria Avenue, in the Porter's Neck area of New Hanover County. Photo Index - 1989: 174-14; gr. Q-10 1 84: 18-231; gr. H-6 State Plane Coordinates - X: 2371275 Y: 210350 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/17/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 12/11/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) ' AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - Septic Planned -None (F) Type of Structures: Existing - Residence, Private Pier Planned - Community Pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED INCORP (A) Vegetated Wetlands Spggt na alterniflora 180 sf (B) Non -Vegetated Wetlands (C) Other Open Water 440 sf High Ground 96 sf (D) Total Area Disturbed: 716 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant plans to construct a community docking facility on his property in anticipation of subdividing his tract. Spivey Page 2 9. 12/21/95 820 Santa Maria Avenue is located on the north side of Page's Creek approximately 1600' west of the mouth of the creek. This is a very low density residential area accessed only by unimproved roads. Santa Maria Avenue cuts off of Edgewater Club Road just before the Figure 8 Island Bridge. The tract is approximately 3 acres, subdivided into 4 lots. Only one lot is built -upon, and is the only riparian lot, with approximately 128' on page's Creek. The property averages 12'in elevation. The New Hanover County Land Use Plan classifies the area as Conservation. The Division of Environmental Management classifies the waters of Page's Creek as SA. The Division of Marine Fisheries has designated the area as Primary Nursery Area, and this portion of the creek is open to the taking of shellfish. The property is stabilized by a bulkhead at the shoreline. Page's Creek is approximately 1000' across at the site. A marsh island approximately 400' across the creek defines the body of water. There is a single family residence existing on the property, with a private pier and dock into the creek. The residence is serviced by a private well and septic tank. The owner has decided to sell the 3 vacant lots on the tract. There are to be no improvements to the subdivision. New owners will utilize the existing road, and will be responsible for driveways into their own residences. The buyers will also be responsible for obtaining all permits for any residence, well, or septic tank. There are no wetlands within the lots to be sold. The applicant has deeded an 8' wide easement to the water for access by the homeowners. He proposes the construction of a pier and docking system for these non -riparian property owners. Proposed is a 15' x 6' set of steps leading down the hill to the pier. The pier will begin at the bulkhead within the easement, and extend for 10', with a width of 6' A fixed dock will extend 40' in a westward direction. Extending from this dock will be two floating docks, each measuring 8' x 20'. The floats will be 26' apart. Mooring will be available to either side of the floats for a total of 4 slips. The project will extend approximately 48' into the creek. The pier and approximately 1/2 of the fixed dock are to be elevated over Spartina alterniflora. The remainder will incorporate open water. The project will extend approximately 32' into the body of water, terminating at the -5' mean low water contour. On the east side the project is proposed to be 3' from the adjacent riparian corridor. The applicant has received a waiver from this property owner., As well, because the project is to be used for non -riparian property owners, the applicant has submitted for the file authorization for the project to be constructed within his corridor. The project is intended for use by the 3 property owners to build on the landlocked lots. There is one extra boat slip for visitors. Including the applicant's private pier, there will be a total of 5 mooring spaces available from this riparian property. There is no dredging associated with this project. The applicant is seeking a major CAMA permit because the project is to serve a community that is of yet not built. As well, the existing dock on the property precludes the availability of a General Permit for a second dock on the same property. 10. ANTICIPATED EMPACTS The project as proposed will incorporate approximately 180 square feet of Snartina alterniflora marsh and 440 square feet of Public Trust Waters. The steps leading to the project will disturb and change to "built -upon" approximately 90 square feet of high ground. Turbidity increases are to be expected during construction. The project will allow for water access by three non -riparian property owners. Submitted by: T. Barrett Date: 12/21/95 Office: Wilmington . y orm DCM-MP-1 APPLICATION (To be completed by all applicants) b. C}'.y, town, cummunity or landmark 1. APPLICANT I onRgrts Ncck c. .Street address or secondary road number PD � H'7]3B.2 b f�� n, lYl am"AAra. Landowner: Name 2., _ga��►UE`/ i proposed work within city 1' its or planning ' 1995 jurisdiction? Yes V No Address I ��y S!1 M� l►1RRlq /�Ur.,...,, _, ,nl OF e. -Name of body of watp�r nearest project (e.g. river, City ►V'rm�n6?t111 StateJ�'L PviA[�AGcMEidcreek, sound, bay) - l'f76CS L'YIeEK Zip 2 3 Y05 Day Phone 963- y616 Fax 3 t! 3- MY 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: / h Name �.Q!"lyNn) i•�, 441AO Address I'D g�q( 6a City tdin ujva&r 1i Stateuc Zip 2 � 100 Day Phone J S�' I oG 1 Fax _J 54- 34)G2- c. Project name (if any) NOTE., Permit will be issued in name oflwdow er(r), =d)or project now. 2. LOCATION OF PROPOSED PROJECT a. County RP,) /4,4A/6V LM a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. r„ ',�nsmitG'[.hoc Fix�o 'x` b L ArrD Iwo f3rx2Ar 6ZZR-r/N6 ofZ16J b. Is the proposed activity maintenance of an existing project, new work, or both? A/t--W Ido)L1c c. Will the project be for public, private or commercial use? &1dArE d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. �pRoa10C-DNCtioAr ScrPCACA1,uOIZ 7h7eT /LC-S10L'n7ro,L Lam PLas owC 6uerr SLIP 1ToTAr.oFu Atops AID 01tc-Obin1/, IS tMVL1ia.e0 f!OYL �1C rrwf Kflcr Revised 03195 Form DCM-MP-1 i 4. LAND AND WATER CHARACTERISTICS in. Describe existing wastewater treatment facilities. a. Size of entire tract / o r/ 1, 5 --Rr3 n. Describe location and type of discharges to waters le -state. (For example, surface runoff, sanitary -� iU�-I n\ b. Size of individual lot(s) ',.wastewater, industrial/commercial effluent, "wash down I an residential discharges.) c. Approximate elevation of tract above orCEC 11 jy55 Ul SVnFtb�L 2Uno F NWL a /] DIVISION OF d. Soil type(s) and texture(s) of tract COASTAL MAR:ArD` F.ribq-pxisting drinking water supply source. �o7.yolL LJ�LI e. Vegetation on tract �(a 6n A-)Affli&A-/ lJ��'ctR'1+m1 f. Man-made features now on tract A/DNE g. What is the CAMA Land Use Plan land classification of the site? Conservation Developed Rural (ConsuG the local land use plan.) Transitional Community Other h. How is the tract zoned by local government? PE_51VOUrtji.. i. Is the proposed roject consistent with the applicable zoning? Yes No (Attach zoning compliance cernficate, if applicable) j• Has a professional done for the tract? If yes, by whom? _ archaeological ass ment been Yes No k. Is the project located in a National Historic District o does it involve Register listed or igible property? Yes No Registered a National Are there wetlands oyf the site? I Yes oastal (marsh) Other - If yes, has a delineation been conducted? _ (Attach documentation, if available) O/V I7 S, ,11' as NArIWLA 1dRi1=2W me_ _ No 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by II" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 "Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses o the E Y��� d that any permit issued in response t this adjacent waterfront (riparian) landow Ors and aPPlicat►9ni�i11 allow only the development described in signed return resx3pts as proof that sdclt�, wneffr++,s,-. the application. The project will be subject to conditions have received a copy of the application and pia 11 "Fmsi 6ions contained in the permit. by certified mail. Such landowners must be advised; I810N QF . t the best of my knowledge, the proposed ve 30 projeays to MAN i tithe pro onatthe proposed Divich ct t ision off Coastal P P project mplies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name %YIS. L�CCCS1r %on�ILsoN I certify that I am authorized to grant, and do in fact, Address 36SAN1,g mg2,A / zee• grant permission to representatives of state and federal Phone NiLn..n,rruh� NG. 2dYos review agencies to enter on the aforementioned lands in Name /%%2, /�//Elv G/r!([oc i s connection with evaluating information related to this Address gPo6 .SRtjrA l 0t-1,n AU6. permit application and follow-up monitoring of the project. Phone Name I further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. This is the a f day of Nov , 19 %r Print— Ed f� yrj 1 Signature7�4 1' ---- ,down !;er or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information CM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP4 i 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community 2private (2) Number Om5 (3) Length /o' (4) Width 6' DEC 11 1995 DIViSIO j OF COASTAL MANAGEMENT e. Mooring buoys )VIA •(1) _Commercial _Community —Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (5) Finger Piers Yes _ No(RcA9Ia6QocK1) (i) Number 1Wo (ii) Length .e' f. (iii) Width 91 (6) Platform(s) Yes —No (i) Number ONE (ii) Length No' (iii) Width 6' (7) Number of slips proposed 14 g. (8) Proximity of structure to adjacent riparian property lines3 t el eu4t:rrfbT(wrt'k WpivenrKov. (9) Width of water body 4300 oww4m) (10) Water depth at waterward end of pier at MLW or NWL-S'nhtu) b. Boathouse (including covered lifts) 141n (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number I/A (2) Length(s) Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands wood, sheetpile, etc.) distance from MHW, 141)? NWL or distance beyond MHW, NWL or (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length N/p (4) Width Other (Give compkte description) i Envy S1ol M roject-Name (.4661"A Signaturg .ZMN). /995 Date Revised 03/95 1 511 Man. I �1�1 1 � i' I: 1 : �II � . . I - ' I ,III.' ... : IpI,�,r a � scrtoll I �!6 f loiol,�,e A 1 ill ,�� . oil 511 4 EVERSTT'G CREFK 1�= �IJ .�..� JCG � �'b` i •ti l'J �� f �1 �- � -r• dAST MANAGE. NT sa W aw Pf vas d fa0 I I I U � I I •� I (NJ -1 @r/ H �s) @r/ H �s) 7t 1FntZysp,LAC, 326 S,e*llk Afivn 41 f)Jlwn&77)j '"(' OVYOi 8'1111Y 62, f & 3 Marine Contractors, Inc. R0, Box 868 Wrightsville Beach, NC 28480 (910) 256.3062 �0� U. I 41il 99r oP/ I'�PS`J I h. �'� � „ =f � %� �', � f�� r, .�.t .� V � p IYI }yl t "• ° (i' i' n�• n� a . � � t._ :a'.. �� :,,>� F t�J' Cksfita ' PNAO l� O IL ILI a !' G CO l—J C) flya Ax av /6 i N6f - 8 ,x.20F/nnfia6 Qa -ks iSA[ua f & 3 Marine Contractors, Inc. P.O. Box 868 Wrl0htsville Beach, NC 28480 (910) 256-3062 41 Ed Flnn rsl frZor 56-3062 P. O. Box 868 Durwood Sykes Wrightsville Beach, N. C. 28480 256-2103, ,r T ('n,tajYlor DEC 111995 f,ln„�,GrL�, IVL, DIVISION OF J - - -- - - ---- - --- COASTAL MANAGEMENT --- 0 �� o ��Ic"2 'r do, !<,tnrrr�WYvvi, Rr 0Ad 10b,,rn /710,2A 41,1±-1 pity,14to,1 M.C. M7 POn firi HtW 1�245R A o 90Yti In6 Roe -le. (�+,5t?djlillcc % heAC pk,-?v.S(n) -rb Ah RI)p 1zIf.Tn /k-eFSs fisu ts: Piers + 'Bulkheads • Floating docks • Pilings • Repairs • Commercial nivinn TOTAL F.0 f DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Jerry Spivey COUNTY: New Hanover LOCATION OF PROJECT: Adj to Page's Creek, at 820 Santa Maria Ave, in Porter's Neck area in Wilmington, NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/11/95 4' FIELD RECOM1viENDATION: Attached - Yes To Be Forwarded - No cc- OR, 27.95 495 CONSISTENCY DETERMINATION: Attached - N/A To Be Forw kMENi FffiA REPRESENTATIVE: Tere Barrett D FFICE: Wilmin DISTRICT MANAGER REVIEW B) DATE APPLICATION RECEIVED EC 27 - P95 E REC'D: $ ?sv tv PUBLIC NOTICE REC'D: `) C 2 - I y - 96 ADJ. RIP. PROP NOTICES REC'D: D \ 'D: 5 APPLICATION ASSIGNED TO: ? ON: C) 75 DAY DEADLINE: 3/tom 150 DAY DEADLINE: MAIL OUT DATE: — 0 STATE DUE DATE: a y lD FEDERAL DUE DATE: FED. CONDAEN 'S REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 3 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section '� Div. of Env. Management I _ Z.S�-yG State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission 3 - 5� "yL Div. of Water Resources ? -G -44 Div. of Marine Fisheries a-tc-qG ✓� �e �� Recommendations for State Permit - Jerry Spivey 1) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) 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 this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 3) 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. 4) All portions of the structure are to be elevated a minimum of 4' above substrate. MEMORANDUM TO: DOUG HUGGETT FROM: T. BARRETT RE: SPIVEY APPLICATION 2/16/96 Please find enclosed a request from Ed Flynn, acting as agent for Jerry Spivey, to modify Mr Spivey's pier request currently on hold. This change was generated by the withdrawal of the 15' riparian corridor setback waiver previously submitted by the adjacent property owner. The plan has been modified to reduce the size of Mr. Spivey's existing dock in such a manner as to be able to relocate the proposed structures 15' from the riparian corridor line. Enclosed is the request, a modified plat, and a corrected page DCM MP4. Please re -activate the file based on this information. cc: Jeff Richter, COE Ann Hines, LPO awkState of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director & FI.WA 4; tO AW E:)EHNR December 22, 1995 MEMORANDUM: TO: Zoe D ner, District Planner vision of Coastal Management FROM: SUBJECT: Applicant: r-oject Location: Proposed Project: John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Jerry Spivey JAh 6 bo MAIWnu.mud Adj to Page's Creek at 820 Santa Maria Ave, in Porter's Neck area of Wilmington in New Hanover County The construction of a community docking facility on his property in anticipation of subdividing his tract Please indicate below your office's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIG DATE 127 C r 6 nal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer MEMORANDUM TO: John R. Parker Major Permits Processing Coordinator FROM: Zo6 D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILI. Permit Application Review Jerry Spivey, Porters Neck, NHC DATE: January 4, 1996 This permit consistency opinion is based on my review of Jerry Spivey's permit application, the Field Investigation Report (T.Barrett, 12/21/95), and my understanding and interpretation of the policies presented in the Wilmington/New Hanover County 1993 Land Use Plan. The applicant proposes construction of a 4-slip community docking facility on his property in anticipation of subdividing his tract of land. There is an existing dock on the property. There is no dredging associated with this project. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Conservation RELATED POLICIES AND IIVIPLEN1ENTATION MEASURES: 1.1(8) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISHING IN ALL SA WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. 1.2(1) ESTUARINE WATERS, ESTUARINE SHORELVES AND PUBLIC TRUST AREAS SHALL BE PROHIBITED FROM USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT INSIGNIFICANT ADVERSE IMPACT TO THE NATURAL FUNCTION OF THESE AREAS. 1.2(9) THE CITY AND COUNTY SHALL ALLOW USES OF ESTUARINE AND PUBLIC TRUST WATERS THAT PROVIDE BENEFITS TO THE PUBLIC AND WHICH SATISFY RIPARIAN ACCESS NEEDS OF PRIVATE PROPERTY OWNERS. 1.2(10) THE CITY AND COUNTY SHALL SUPPORT STRICT ENFORCEMENT OF STATE REGULATIONS FOR DREDGING IN PRIMARY NURSERY AREAS. 1.2(11) NO MOWING OR CLEARCUTTING OF COASTAL WETLAND VEGETATION SHALL BE ALLOWED WITHIN ANY COASTAL WETLAND AEC EXCEPT WHERE SUPPORTED BY SOUND SCIENTIFIC AND TECHNICAL KNOWLEDGE. 2.4 FISHERIES RESOURCES POLICY 2.4(1) THE CONTINUED PRODUCTIVITY OF COMMERCIAL AND RECREATIONAL FISHERIES SHALL BE ENHANCED THROUGH THE PROTECTION OF THE UNIQUE COASTAL ECOSYSTEMS, INCLUDING PRIMARY NURSERY AREAS, SHELLFISH WATERS AND COASTAL MARSHES, UPON WHICH THEY DEPEND. 2.4(2) PROTECTION, PRESERVATION, AND RESTORATION OF SHELLFISHING IN ALL SA WATERS SHALL BE ENCOURAGED AND PURSUED. CONSISTENCY OPINION: New Hanover County looks to State and federal regulation to protect its natural resources. The County also believes in the protection of public. trust rights in estuarine areas, and agrees that this right is balanced with the riparian access needs of Zrivate owners. This project will "With the Wilming on/New Hanover County Land Use Plan when all conditions placed on the permit by review agencies are met. cc: CR Stroud, Jr. T Barrett 0... k.pivey �.� State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 19, 1996 MEMORANDUM TO: P. A. "Ski" A'5�' 74J;* Ar �EHNR RECEIVE® FM 2 21996 9?M QE MAWNE FJSWERIES FROM: John Parker y0 4 f Major Permits Processing Coordinator RECEIVED � FEB 26 1996 c�.:,• SUBJECT: CAMA/Dredge and Fill Permit Application Review � MAEVAGEA9ENT Cu APPLICANT:. Jerry Spivey 9 5 PROJECT LOCATION: 820 Santa, Maria Ave., the Porter's Neck area, ew anover Co. PROPOSED PROJECT: To construct a community docking facility on property. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. Z, It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Tfi/ Or/�o /7iScic ilJ�J 7— IS LOGAT/D a/� Go% /7 SC! Rho G//✓LI �/✓ ��r. r/riGoTo �J Signed Date G \ Z^1i Olee./ Llfiii�//O. 5✓pp l: o .l Y9 w.Imtnf/� a 1 3's-96 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper FkJ11 ..# kured Resourcee ,.1lrnington 91ONal Office Division of C1041 Management James S. Hunt, r•' pvernor Jonathan B. Mo e$, pecretery Roger N. Schect r; Nrector 1 ttr .V.'0 t ►t . k� FL' � SUWECT: Applicant:, Project LocR(,lon: Proposed Project: - 1 05. 11. 1991 23: 90 December 22, 1995 Mr. Bruce Freeman, Director Division of Marine Fisheries John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review VIA Jerry Spivey Adj to Page's Creek at 820 Santa Maria 'Ave, in Porter's Neck area of Wilmington in New HaftOW County The construction of a community docking facility on his property in anticipation of subdividing his tract Please indica 1e b o�v your agency's position or viewpoint on the proposed project and return this form by January 1 ,l96. %f you have any questions regarding the proposed project, please contact Tere Barrett at er etlsipn 246. When appropriate, in comments vAth supporting data is requested. ,EPLY: This agency has no objection to the project qs proposed. `"—This agency has no comment on the proposedt 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. llAT'E . �" _ SIGNED �. I¢ Itpl 127 CgrdIval t)llve Extenslon, A1mingEquon, N.C. 2iB Affirmative ActioniEmplo0c398-3900 ®Fax 910 360 2DOh i State of North Carolina Department of Environment, Health and Natural Resources ". Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5, 1996 Q�� E)EHNR MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Jerry Spivey PROJECT LOCATION: 820 Santa Maria Ave., Porter's Neck area, New Hanover Co. ROPOSED PROJECT: To construct a community docking facility. Please indicate below your agency's position or viewpoint on the proposed and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the 6"', attached comments. Signed 0� Date (- z(A-16 'QxSicl Coos;"� 6', NC.WiLL May 21, 1993 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer paper ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: �� William Wescott, Coastal Coordinator Habitat Conservation Program DATE: January 26, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Jerry Spivey, 820 Santa Maria Ave., Porter's Neck Area, New Hanover County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fishery resources in the area. A site visit was conducted on January 25, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128). The applicant proposes to construct a dock to accommodate 4 boat slips. The project will extend approximately 48 ft. into Page's Creek, terminating at tpe -5 ft. mean low water contour. The project as proposed will incorporate approximately 180 ft of Snartina alterniflora marsh and 440 ft of Public Trust Waters. Waters at the project site are classified as SA, Primary Nursery Area and are opened to shellfishing. An adverse impact anticipated to result from the project is turbidity associated with construction of new docks. Elevated turbidity could reduce water quality and stress marine organisms in the area, particularly during warm weather. Excessive turbidity could be detrimental ' t <<psa. to larva development of marine organisms. Therefore, we recommend that no construction be ~ 1 performed between April I and September 30. iO� P-r". Thank you for the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. .AMMOUR FEB 16 'Sc 10:;_ 11 P.e, State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary �-R g J SpbgbS Director Eo `` January y 1996 141�)ag6 pk• DIV. CTLQ.RM�A NDrU-AIeAl - <-:-- tom`"d •..\ TO: Ms. Linda Sewall '`� Director LIV. Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CtOIA/DREDGE sec DILL Permit Application Review APPLICANT: Jerry Spivey PROJECT LOCATION: 820 Santa Maria Ave., Porter's Neck area, New Hanover Co. PROPOSED PROJECT: To construct a community docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project. please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of The project, only if the recommended / changes are incorporated. See attached. �i7?Cayyr� e he f t�t�,%i his agency object to tlae project for reaso Td scribed in the attached couunents. Signed C� LGGG'n J1Z'l _ Datc z/iy/yG f P.O. Box 27687, Rale;gn North Cc�olno 27611-7087 Tolophone 919-733.2293 FAX 919-733-1496 An Equcl OP.—or_n,) t;!wmat. �a Aa'ton Er-'ploye• Wt; •ocydod/ i(I`f, po;Fc�nv�mar pacer FEB 16 '96 10:43A9 p,9 DATE: -ro; SUBJE( lc. rcl 5 E. J.AiN Div. a ;":... ......:; i' 'ALM _. r._ the From':\ % � i �.c. t.�•�- • ��-•�- 0 3 � -,,North Carolina Department of Environment, -�- Health and Natural Resources n�<, 7 C>l7 r,:,ai.,, R.rycne awo, tate of North Carolina epartment of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: X!;WA g51-)_9$ DEC 2 7 1995 .......................... 11DEHNF1 December 22, 1995 Mr. A. Preston Howard, P.E., Director Division of Environmental Management John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Jerry Spivey Adj to Page's Creek at 820 Santa Maria Ave, in Porter's Neck area of Wilmington in New Hanover County The construction of a community docking facility on his property in anticipation of subdividing his tract Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. / �W� REPLY: 1 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. I� SIGNED—� DATE 7 127 ardinal Drive Extension, Wilmington, N.C. 28405-3845 9 Telephone 910-395-3900 • Fax 910-350-2004 C�'c �i An Equal Opportunity Affirmative Action Employer _ ----� — ..v. a.. vat V1111d i Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 22, 1995 TO: Mr. Charles Gardner, Director Division of Land Resources CDEN' FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application ReviewApplicant: Je�yrey Project Location: Adj to Page's Creek at 820 Santa Maria Ave, in Porter's Neck area of Wilmington in New Hanover County Proposed Project: The construction of a community docking facility on his property in anticipation of subdividing his tract Please indicate below your agency's position or viewpoint on the proposed project and return this form by Janaury 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *0"" —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 DATE 1 2 �955 127 Cardinal Drive Exte ,Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Im State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5 MEMORANDUM TO: Mr. John Sutherland, C Water Planning Section Division of Water Reso A096WA IT V 4;*)A C)EHNR RECEIVED FEB 6.1.496 COASTAL MANAGEMENT FROM: John Parker, Jr. Major Permits Processing Coordinator JAN 2s ;96 DIV G;ON O'c r'A T"c lR 1ReSOURCES SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Jerry Spivey PROJECT LOCATION: 820 Santa Maria Ave., Porter's Neck area, New Hanover Co.. PROPOSED PROJECT: To construct a community docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. X This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date �'�� P.O. Box 27687, Weigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources " Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History /t •�• rl� � C) FEE HNf1 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Jerry Spivey PROJECT LOCATION: 820 Santa Maria Ave., Porter's Neck area, New Hanover Co. PROPOSED PROJECT: To construct a community docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed J C�%� Date I Z [� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ I o% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 7MrA A E:>EHNF1 December 22, 1995 TO: Mr. William A. McNeil, Director CJ4N`uuvtU Division of Community Assistance 11.996 41ANAGEMENi FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: JejML.$pivey Project Location: Adj to Page's Creek at 820 Santa Maria Ave, in Porter's Neck area of Wilmington in New Hanover County Proposed Project: The construction of a community docking facility on his property in anticipation of subdividing his tract Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. --L`/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 Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5, 1995 TO: Mr. Larry R. Goode, Phd., P.E. Highway. Administrator Division of Highways &LTI'MNWA 4; tO*A [DFEE HNR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT- CAMA/DREDGE & FILL Permit Application Review APPLICANT: Jerry Spivey PROJECT LOCATION: 820 Santa Maria Ave., Porter's Neck area, New Hanover Co. PROPOSED PROJECT: To construct a community docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. zThis 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 aattached. comments. Signed U Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 19, 1996 �EHNR RECEIVED JAIN 2 9 1996 Ms. Ann Hines, LPO --------C-ounty-of-New-Hanover — 414 Chestnut Street Wilmington, NC 28401 Dear Ms Hines: The attached application request for permits under the Coastal Area Management Act, and/or other State/Federal authorization is forwarded for your review and comment. We ask that written comments be submitted within three weeks of receipt of this submittal. This is the same review period allowed for State agencies. Necessary time extensions will be considered upon request. If we do not hear from you by the action date, we will assume that your office does not wish to comment. The Division of Coastal Management feels it is very important to have a given application record reflect the position of the local government. Under Rules of the Coastal Resources Commission, the Division must not approve applications if the project is inconsistent with local regulations or land use plans. Should you have questions on the content of this mailing, do not hesitate to contact me or the area field consultant for this project. Very sincerely Joer, Major Permits Processing Coordinator 671� JRP:jr/aw-ypp�.���-pe� Attachment P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jerry Spivey 2. LOCATION OF PROJECT SITE: Adjacent to Page's Creek at 820 Santa Maria Avenue, in the Porter's Neck area of New Hanover County. Photo Index - 1989: 174-14; gr. Q-10 ) 4: 18-231; gr. H-6 State Plane Coordinates - %: 2371275 Y: 210350 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/17/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 12/11/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - Septic Planned -None (F) Type of Structures: Existing - Residence, Private Pier Planned - Community Pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A WA HABITAT DESCRIPTION: [AREA] DREDGED FILLED INCORP (A) Vegetated Wetlands artina alterniflora 180 sf (B) Non -Vegetated Wetlands (C) Other Open Water 440 sf High Ground 96 sf (D) Total Area Disturbed: 716 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant plans to construct a community docking facility on his property in anticipation of subdividing his tract. '4K 'State of North Department o, Health and Nc Divislon of Coastal James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM FEB 281996 M JOVAL E11AW W ED FE F-R January 5, 1996 TO- Mr. Joe Henderson, Acting Director �2�e State Property Office s`a Department of Administration ZLL1016 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Jerry Spivey PROJECT LOCATION: 820 Santa Maria Ave., Porter's Neck area, New Hanover Co. PROPOSED PROJECT: To construct a community docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY / This agency has no objection to the project as proposed. 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 attcomments. Signed__! ��a d Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jerry Spivey 2. LOCATION OF PROJECT SITE: Adjacent to Page's Creek at 820 Santa Maria Avenue, in the Porter's Neck area of New Hanover County. Photo Index - IM: 174-14; gr. Q-10 12BA: 18-231; gr. H-6 State Plane Coordinates - %: 2371275 Y: 210350 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/17/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 12/11/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - Septic Planned - None (F) Type of Structures: Existing - Residence, Private Pier Planned - Community Pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED INCORP (A) Vegetated Wetlands Spartina altemifloU 180 sf (B) Non -Vegetated Wetlands (C) Other Open Water 440 sf High Ground 96 sf (D) Total Area Disturbed: 716 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant plans to construct a community docking facility on his property in anticipation of subdividing his tract. Spivey Page 2 9. PROJECT DESCRIPTION 12/21/95 820 Santa Maria Avenue is located on the north side of Page's Creek approximately 1600' west of the mouth of the creek. This is a very low density residential area accessed only by unimproved roads. Santa Maria Avenue cuts off of Edgewater Club Road just before the Figure 8 Island Bridge. The tract is approximately 3 acres, subdivided into 4 lots. Only one lot is built -upon, and is the only riparian lot, with approximately 128' on page's Creek. The property averages 12' in elevation. The New Hanover County Land Use Plan classifies the area as Conservation. The Division of Environmental Management classifies the waters of Page's Creek as SA. The Division of Marine Fisheries has designated the area as Primary Nursery Area, and this portion of the creek is open to the taking of shellfish. The property is stabilized by a bulkhead at the shoreline. Page's Creek is approximately 1000' across at the site. A marsh island approximately 400' across the creek defines the body of water. There is a single family residence existing on the property, with a private pier and dock into the creek. The residence is serviced by a private well and septic tank. The owner has decided to sell the 3 vacant lots on the tract. There are to be no improvements to the subdivision. New owners will utilize the existing road, and will be responsible for driveways into their own residences. The buyers will also be responsible for obtaining all permits for any residence, well, or septic tank. There are no wetlands within the lots to be sold. The applicant has deeded an 8' wide easement to the water for access by the homeowners. He proposes the construction of a pier and docking system for these non -riparian property owners. Proposed is a 15' x 6' set of steps leading down the hill to the pier. The pier will begin at the bulkhead within the easement, and extend for 10', with a width of 6' A fixed dock will extend 40' in a westward direction. Extending from this dock will be two floating docks, each measuring 8' x 20'. The floats will be 26' apart. Mooring will be available to either side of the floats for a total of 4 slips. The project will extend approximately 48' into the creek. The pier and approximately 1/2 of the fixed dock are to be elevated over Ana alterniflora. The remainder will incorporate open water. The project will extend approximately 32' into the body of water, terminating at the -5' mean low water contour. On the east side the project is proposed to be 3' from the adjacent riparian corridor. The applicant has received a waiver from this property owner., As well, because the project is to be used for non -riparian property owners, the applicant has submitted for the file authorization for the project to be constructed within his corridor. The project is intended for use by the 3 property owners to build on the landlocked lots. There is one extra boat slip for visitors. Including the applicant's private pier, there will be a total of 5 mooring spaces .available from this riparian property. There is no dredging associated with this project. The applicant is seeking a major CAMA permit because the project is to serve a community that is of yet not built. As well, the existing dock on the property precludes the availability of a General Permit for a second dock on the same property. 10. ANTICIPATED IMPACTS The project as proposed will incorporate approximately 180 square feet of Spartina alterniflora marsh and 440 square feet of Public Trust Waters. The steps leading to the project will disturb and change to "built -upon" approximately 90 square feet of high ground. Turbidity increases are to be expected during construction. The project will allow for water access by three non -riparian property owners. Submitted by: T. Barrett Date: 12/21/95 Office: Wilmington r orm'DiCM-MP-1 APPLICATION (To be completed by all applicants) b. Cr�yy, town, wmmunity or landmark I. APPLICANT J�oa.Tt-�l� Ncck c. Street address or secondary road number a. Landowner: D �'(y. 7'v 7 Ba D fi�µn, /n prit 1UG d.oi. proposed work within city 1' its or planning Name �Q2. 1C�/ 5�71 VE / `t1995 Jurisdiction? Yes V No Address II _ 3Z0 SANiq h1R21g ia�llgr.:-.. 1 G',F e. am of body of watpgr nearest project (e.g. river, City /yt�min67UY1 Sfate'N CAL MHNAGEMEiI�k, sound, bay) _ {'f16CS �'YleEK Zip 2 45 Day Phone 963- y6 i 6 Fax 3 43- 316y 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: Name -1 1" C yNn1 ( r-*S A4r41oa' Address P Ug a City W 'I�e 3U1DC RoM44 Staten - Zip Gb �11�0 Day Phone Js6'.3o6I Fax c. Project name (if any) NOTE: Perna will be issued in twine of lmidowner(rJ, mid/or project twtne. 2. LOCATION OF PROPOSED PROJECT a. County .VF?J 14AXIO V t X OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Mation and/or filling activities. tnl,G'[.hot< 6xt:n Dig tiv 6ex`f6' L" Aivii lwo 1-31x261 rzon-j/N6 Voct6f b. Is the proposed activity maintenance of an existing project, new work, or both? Aiew Idomic c. Will the project be for public, private or commercial use? P2td»-E Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 'IO PRODIOEON6 ti6AT S[tP [: qcN 'ro R. 17ft!C Stoc'nTP,L JETS PLIAs ouC G11&rr5*LIP 1trwt.OFr-OU&SL Ps ND QQYA1NA /s Rt-(dtlt2ero Fo12 �4i.ynyyfpVc Revised 03195 Form DCM-MP-1 4. LAND AND WATER in. Des cribe existing wastewater treatment facilities. - CHARACTERISTICS a. Size of entire tract &.0noy >', 5,He2E3 n. Describe location and type of discharges to waters oflhestate. (For example, surface runoff, sanitary 'ram �V i industrial/commercial effluent, wash b. Size of individual lot(s) .3" „SHcI�E ��pt I �� �,�. �, �rwaste�vante " down an residential discharges.) NWL c. Approximate elevation of tract above 46 orDEC 11 lyy5� U SUIDGt fiUt�DPF a /� DIVISION OF d. Soil type(s) and texture(s) of tract COASTAL Ni'r•,4LALD�L q-Fxisting drinking water supply source. 5/mt 7 Soil e. Vegetation on tract �2 2-r8S A-9lVli f Lt2A-1 f. Man-made features now on tract /VUNi 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? Conservation Developed Rural (Consult the local land use plan.) Transitional Community Other h. How is the tract zoned by local government? QFS�Okhlff)L i. Is the proposed roject consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological ass ment been Yes No k. Is the project located in a National Registered Historic District o does it involve a National Register listed or igible property? Yes No 1. Are there wetlands oJ the site? I Yes _ _ No oastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) Q)vc- S, AHGlydR• /URA (dR�R.W/IKn lt' L"fn; In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 'Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND rl� �n �—. • A list of the names and complete addresses of e—r L H I�tnde tin that any permit issued in response to this adjacent waterfront (riparian) lando�%tiers and appli n� ill allow only the development described in signed return receipts as proof that such 4 n the apPl n. The project will be subject to conditions have received a copy of the application and pl 0 11 art` 6 ons contained in the permit. by certified mail. Such landowners must be advisecb 13 1 Oi 1 OF . t the best of my knowledge, the proposed that they have 30 days in which to submirt��$pt5_ MAN ac,�f m lies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name As. L'ECCsir 266,-12S0y I certify that I am authorized to grant, and do in fact, Address a36SAiviiq /APalt1 Aug. grant permission to representatives of state and federal Phone Wit r..nerim, N6. 2dYAs review agencies to enter on the aforementioned lands in Name /%l2. A/(EN'i✓t!(C�c L< connection with evaluating information related to this permit application and follow-up monitoring of the Address gc?4i SA,vikt Mfirl-,P Ay6. project. Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the �2 5 day of / /)IJ o 95, Print Name EQ �)k^W� l Signature 2 %� Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development �J DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM W-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP4 C STRUCTURESRD ���C���n EC11 1995 --J (Construction within Public Trust Areas) DIVISION OF COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.) (1) _ Commercial _Community private (2) Number ONE (3) Length /o' (4) Width of water body (4) Width 6' 1 (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes _ No (RoAn.6 Dacus shoreline (i) Number 1WO (ii) Length .20' f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial _Community _ Private (6) Platform(s) Yes _No (2) Number (i) Number ONE (3) Length /V% (ii) Length 5r0' (4) Width / (iii) Width 6' (7) Number of slips proposed q g. Other (Give canpkre description) (8) Proximity of structure to adjacent riparian property lines31 el CeorterrPb1AT(bltild bialm'tFnrM (9) Width of water body 4300owu�m) (10) Water depth at waterward end of pier at MLW or NWL —S'nmtu) b. Boathouse (including covered lifts) /V/p (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number p (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length �/X} (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands i �122Y So AP t or Project -Name i.. (.466),'T Signaturf z wod. /7'75 Date Revised 03/95 P i go Br IMA a 1 •hh � ; � �� . ;�f � � ...+Ifs . o•its 1 4' 1010 yl V DEC 1 i 995 diviSiG�d O � t °_: �. dOASTvo- MANAGc 1T s a Se 117X JDZl2yJP/lAtj 826,f^ib /j9nut /4&v- 0114+in6T+rj Aff, 28Yui a Jgoo, C?022i0oM1. 8'%1J f[ne1 I: r,,, 6, ,_: crf 1oa>7 U , O� i� i Lu1 e'so -,dj FLonY 17 j-/ 62'uawrlEr� F & 3 Marine Contractors, Inc. PA. Box 868 IN% Wrightsville Beach, NC 28480 in , (910) 266.3062 CO2M1,OaL OP ILL /I.DFc. /991' E 'vai �, p�'� _ _:i•-_: ` �.J t. r `�'f .,,, , _ s,,� v_�,.Y,.: �. Y �' . h.. �y I /•I%f'I }I i l i 1 } fl �V � �. )LI .� Vl ��) l I Oki nbu h j l.r !y. Cl) LL lIJ r-j Zz5 -4 -. C, C —� C) [p O rn r ? J Cn n XED 'Y6 F & 3 Marine Contractors, Inc. P.O, Box 868 Wrightsville Beach, NC 28490 (910) 256-3062 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director February 23, 1996 Mr. Jerry Spivey 820 Santa Maria Ave Wilmington, NC 28405 Dear Sirs: E)EHNF1 The Division of Coastal Management hereby acknowledges receipt of your request to re- activate processing of your application for approval under the Coastal Area Management Act to develop portions of your property adjacent to Page's Creek the Porter's Neck area of New Hanover County. This request was received by this office on February 21, 1996, and the processing clock will re -start as of that date. The new projected deadline for making a decision on your application is now March 25, 1996, although final action on the permit application is expected prior to this date. matter. Please feel free to contact me at (919) 733-2293 if you have any questions concerning this Sincerely, �uUgggHtt ~D Assistant Major Permits Coordinator cc: Tere Barrett, DCM-Wilmington DCM-Morehead City Ed Flynn, F&S Marine Contractors P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Few S /Vfar&w Cordtr"tors, Ire. P. O. Box 868 Wrightsville Beach, N. C. 28480 /S fee1996 p•C-. AN 2. Ja q cfiyz�o,,zffi 62, �)d-m i n 677hj N.e. 2L'7vt Ed Flynn 256-3062 Durwood Sykes 256-2103 P, o Ohm pi al" - PLUJ /h'1°Lc&Ti iaN fVYL /YlA..lzu� Ypnk) /-"1 826 Sn•�x /H t7rtta•. �LL J %%1M.hgivtJ Ali • Z�'Yerf %mot. /Y1a 1 L-nn., Sp»L-� �iLnka� /-L4'v� PtA-J'7r. ?,e*m I pzcau 42: 2CSumCD 01-M 2Cc<tp7 o'F We TID) 012rowi.+S jncY1t[ P�'�►bJcb D06es W)*;H Jr,--i VX- IS"/Zip'ft►,Tr cL'arlodn sr-rtm-ck, �Y FEB 16 1996 ,17- A:�1.14Jj A DIVISIOiv OF COASTAL MANAGEMENT Piers 9 Bulkheads 0 Floating Docks 9 Pilings • Repairs • Commercial Diving State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary February 2, 1996 Mr. Jerry Spivey 820 Santa Maria Ave, Wilmington, N.C. 28405 Dear Mr. Spivey; The Division of Coastal Management acknowledges your request date January 22, 1996 to place on hold processing of your application for authorization under the Coastal Area Management Act to develop your property adjacent to Page's Creek in the Porter's Neck area of Wilmington, North Carolina. This request was to allow time to resolve an issue with an adjacent property owner relating to the waiver of his 15' riparian cooridor rights. Based on your request, processing of your application will be terminated until the Division is requested in writing to resume processing. As required by T15A.07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Following receipt of your request to resume processing, processing will begin at the point where it was suspended. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: DCM-Wilmington DCM-Morehead City Ed Flynn, F&S Marine Contractors P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper tI - -- - -- _ TIIE It :I - F M Fe., ' r-i,,R 1 hE 1-:u,1: Ri4C. ipF:8. F,102563062 . /u[¢r-" contraoro r,Ine_ P. O. Box 668 UJ.:�I,lsalla DsaaK. 04. O. C0400 F.01 w Ed Flynn , ran-�u►�c Durwood Syke:5 256-2103 ir,� 61? i�wfif"J-r lltj)- CN=i7ft Fey, Mt-- 1 itrt) S�ivz:' Ri'L'2o i fd/L JIN))APA, WL phf8r, Hni t, 6(rol, WA1l,En �obificn Wr�� /YUj�9c� pl�Vp6�1cil enAJ �3L ��3acdcn. �rzr�r�� Ij r"es f+1�L�/►1nz,czlaR� ru6P•6 r en i 1v1c � C.l!�--- IV, — _ Poat-it® Fax Note 7671 Date pages �._..� From, _ p ( V. Co./DePt. To ¢iQ. Y�tir,r14 ry �,�.\O►Y.�-=__ t..0u+vl�t `I�N.Q,S�4. CA - Phone k 1 �] qT \�c�� 1►V Phone k Fax Fax k State of North Carolina Department of Environment, Health and Natural Resources ' Wilmington Regional Office Division of Coastal Management ���i• James B. Hunt, Jr., Governor p E H N F 1 Jonathan B. Howes, Secretary Roger N. Schecter, Director December 21, 1995 82 anta Maria Ave. Wilmington, NC 28405 Dear Mr. Spivey: The Division of Coastal Management hereby areceipt of your application for State approval for development of your property located at 820 Santa Maria Avenue. It was received on 12/11/95, and appears to be adequate for processing at this time. The projected deadline for making a decision is 2/24/9x.6 An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, J T. Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Matt Flint, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer S /Cane �or�tra��prs, Ins. 6-30s2 Durwood Sykes P. 0. Box 08 250-2103 Wrightsville Beach, N. C. 28480 � OJ. /g9Sr 2. ,D 7 e1.)x6jA&1 Piz DEC 11 1995 M,H,+► bm) A/L, DIVISION OF COASTAL MANAGEMENT �Eo �iEa An Qco< jrr4i.4 ,,, of &26It%rA11104r; ttrza 1A�✓�� Frro� M7 P�/Unt331eN �n fi vtw Ata *-O ,inarnl�tt�llo�� JCrnS �,�,+csc:� 7o C7r2wn ii�o �nfi R,pr<z��Rr /kr�ss �,t..c�. Piers • $u!kheads • Floating Docks • Pilings • Repairs • Cornrnerclat Mvinn 1 TOTAL P.03-- 11o,.-CJo-1 Jv.J lc•urr� rMulI I CJo.]✓Joc r.CJc kUZACE?iT_ 1t2PARI.pi1 _YR�)PLR`i Oft:ER_�OTXFy7CATIOT fl�hlVE �QR�! Name of Individual Appiyinq Adbrese Of Property: 6;0" For Permit: / IL' Ja Sin %A 1U24.1 �✓ �` N.L. (Lot or Street.+Y�reet or Road, City a& Countyi I hereby certify that I own property adjacent to the above - referenced property. The individual applying for this permit has described to ne as shown on the attached dra•+1in the development t:ey are proposing. A description or drawin D should be provided with this letter. g. IR ✓ I have no•ob'ections to this ro osa D — � p p � DEC 11 1995 DIVISiON OF WAIVZR yS_ECT,JoN I understand that a pier, dock, mooring pilings, hreakwater, boat house, lift or sandbags must be set back a mirirum distance of 15, from my area of riparian access unless waived by me. (if you wish to waive the setback, -you m.-st initial tt& appropriate blank below.) _ I do wish to waive the 15'setback requirement. do nct wish to waive the 15'setback requirement. �1a';teC��u^xn'. a �ffj nSl stare Dat � t SIt o62tr�n^1 �r Pr-n�lName� T Telephone Number With Area Code f & 3 Marine Contractors, Inc. 1 ?eM� r 46V �"'a fie' U i TP , P.O. Box 868 mght5v lie Beach, NC 2VA ,910) 296.3062 UNITED STATES POSTAL SERV�g D L f M 1 FHa"77FElJ L4u 1.1, Official Business ,, P_C US TT P T 935 Print your name, address and ZIP Code here f & 3 Marine Contractors, Inc, P.O. Box M8 WIlghtwille Beach, NC 28480 (910) 2,%U2 SENDER: 'a • Complete items 1 and/or 2 for additional services. e a Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can e return this card to you. D • Attach'this form to the front of the meilpiece, or on the back if space D , does not permit.���=�� �§ e • Write "FYa[um flecel�MYsted" on the mailpiace below the article number • The Return Receipt will show to whom the article was delivered and the date pdelivered. a 3. Article Addressed to: U AIL) All _.�/�%•.wctwJ N.G. r 5. n re l ddr el Q I = 6. Signature (Agent) 7 O � PS Farm 3811.December 1 ZgYot also wish to the r Wna services B extra Address 2. ❑ Restricted Delivery Insult postmaster for fee. aa. Mlncre r�ur mar Z 41W G y 83 $ 4b. Service Type ❑ --stored ❑ Insured L7Certified ' ❑ COD ❑ Express Mail ❑ Return Receipt for /7 Addressee's Address (Only if requested and fee is paid) k *U.S. GPO:1993-352-714 DOMESTIC RETURN MEMO DATE. SUBJEC 9 10 JAN :aa�Nt From:��� p ""' rwnq North Carolina Department of Environment, �. Health and Natural Resources �' I �� PrinleG on ReMlea Paper R 0 to [ecvive the on eAticl 0 zerv;ces ltor *'I VIC lessee lof 5 J"To so pdd of %,;a �—`g colPtCle t -3 ,d 115 1,, revels"'-ka space ;I te itom, , ddfe'3 "'a �'Y' bal Best[ieted 0'. Come. e Jr 0 UMbef too. l3o�j 1 VoCr 0,0,,, yo,I. "�Ilallvx S'tof 1.0 b- Cal to, irg"t,P m P05 In to .. i * dew to, Ile a ArUC N-164A eapt"u� Sho%4 10 41411 7, r d',W�- "'Td-i�dless - 41D Article Ad I 0 3. A ClrC64 Wale'J 0 GOD t tat ftet'im A Mailwelcba n6so VeEY DateDet" AL. SY e s �"Od ss to',,, md'osses oidl lee is "oulf, U.5 sntl 2.714 DeroTb. 1991 0 1 EHNE• IIILM RE'-, UFF1,._E 'G .,�+ :G:`E' F�_� G'.t�`_• -z:.r fP ., ..a., SENDER:11, :A•-' t etb,'or 2 tot erttg" su.tc.n, � I' also wkh to receive the I # L pnplt ti�t ma rcoirowieI=3.a.t44sab. g following,servlcea (for an eKve ER �. ••w,rPttM.V.JF wt9!Jndad7rau an 'n'J.re. a tre. rv,m ao tnat ... c.. feel: +CE[ a..Spt6in ihii m�ov !�, I• " p f�? • Att.sh twmYa t ttont 61 ail0laoa, a on r, . two R apses t, ❑ Addressee's Address y � ' = daa not, • Wnta"Ra1umA.cNv. Regt+asxaQ"antla m.nr>teee t»tow dw Mkw.wwNw 2. 0 Restrieted DelNery, •m � •tilt•Ra �fiKNPt w.7t show to whv>ffW W60M wu dV111.yewderdaU ; e deli+atad.^ � rip Consult Postmaster fo.• fee. o + 0 Addressed to, 4e. Article Nbet t= AIItN , lGOs 4b. rnq Type ¢ � $,S .a 'p21 �j S'r x... l7 msteted ❑ Insured P Certified D.-COD S ' )i{ .-,t_ RoulrnRaceiptfor (V i.. a �( ❑ Exwess Mail 0 Merchandise o ' � v;VA 414 7. Date oft'T91V 8.�ynaturetA e.'" - s. add,essep's'AOtlrese'fOnfv�t+eques:ed.,t{' and fee Is peldl y 1 1 �':Pi`'G°�'tber• aJ! 4�M't! s fSbDOMESTIC RETURN RECEIPT 1 UNITED STATES POSTAL SERVICE f . v Otfkial business• 4 .a .. PFih^kr R?R PRIVATE .1 ' •..USE TO AWW PAYMEM } i•.: OF POSTAGE, i30p . Print 2` s Your name, address and ZIP Code here f & S Marfnetantractors, Inc. PAWN N WrOtMOOd NC 2W (910 266+4062 r I InR -.1 1110 IC-J'r 1-I rMull ,N l U ZJbZUbG NEW MAX 7vV :t Co. NG NAB 3 4 17 M r82 x2an Tax TuLot No.. ... ...... ... ......... ................ ..1.... —... 9eriaedby............................................................. by... ......................................1......I................... ... ... ... I.... Parcel identifier Na. County on the ................ der of ... Boot Mao after recording to ...... JERRY L. SPIVBY, P.O, Box .I761, Wilmington. N. C. 28402 ................................................................................................................................................................................._..................................:...... This lostrument teas prepared by ..... ..F... r?FJr. AttXt.r...P.Oz..Bprl761t._ t..17C....28402 . Britt description for the Index cuwita tea fthdivision (762-2466) NORTH CAROLTN'A GENISRAL WARRANTY'DEED TBLS DEED made this ..t3.. !r� day of ..... .......... .MAR,C.'B_,................. ............. 19-Ag..... by -'and between '. GRANTOR I GRANTEE WILLIAM L. BEERY, JR. (divorced) 101 Seapath Estates Wrightsville Beach, NC 22480 43 JERRr''. SPIVEY P. 0. Box 1761 Wilmington, N. C. 29402 [star In asllnrrtW Week tw each path: war. sddn aad, a approp*tt, that," tf dW, e4 ewpo+tW w WISW& . The designation Grantor and Crantet at used herein shall Include acid Parties, their holm successors, and $"Ages, and shall include sinrelar, plural, muoullnt, ltmiviat or Reuter as required by eoetext, 14FITNli49ET1i, )hat the Ceshtor, for a valuable consideration paid by the Omni". the rectipt of which k hereby ackrewledstd. how and by those presents dose grant, bargain, sell and convey onto the Grantee in fee Rfmpie, an that certain lot or parcel of land situated in the City of .................. ... FIARHETT ...... ................ .. . ..................... ................ TleerwhiD. ............................NEW ........OVER .......... County, North Car^tina and more particularly dacrlbed m Mlmrs: BPG>Z MiG at a point in the swUlatmizoat Link Of Santa Maria Avessa as rhMM On a atop Of Mid SubdivittiOn adlich is zec=ded in MM Book 4 at Page 28 of the Nw M m w Owmty 1"istrY, wad point mavkirg the intersectiem of the z=U*m= t firm of smft raria Average and the wertern line of Lot 17 of avid Suhdiviefvn: rwlaj tg tine fz®e.said B9gisgsing point tt31y with tatd slag the apnthezutoat 7i:x etE Santa itaria At rmtat 100.7 Legit, gtt7LE to less, to a point marking Lt10 ineerse>=titon of tits eaatesrs line of apid Iat 17 and the uutirna ]ins of paid Santa Hazia AV9Ate; t3seatoa Scotb 41 dagzees 00 Miiirtw west with eugd a7ux1 the eastPlrn line of said Lot 17 336.22 feet toy a paint Sn the ansterrt Iitm of said Lot 17s theme North 52 degrees la mirattss 30 seo><ds Saes.. 99.43 to a peotril: in fire eletgtBrre ]late of said Lvt ors 43smtoe norttmastaszdlp edth amd slag tfge tarst>pari lies of aaaid Lot 17 m a btierisg o4 Ntatb 41 degrees OBmirxrtea East 358.98 feet,<amrect leas• ro fire point of Begisatirtg. 8..ing a portion of fet 17 of tea yenta tteria 8nig[4ivisivs fortes at a ml� o° said Strtdivi�at sus lasted is 2tap Bocit 4 at Page 28 of Hoe tin► Esroo� Oa:msy 4 r n.. Mw t.1.. M.. I PR., kl, .N ,etl. MAR-01-1996 12:31PM FRDI TO 2563062 P.03 Me I The properij hersinabove described was acquired by Grantor by instrument recorded in .......................... ....... ...... ...... — .................... I ................. ...... . ......... .......... ..... . I.— ------- . ........................ ..... A map showing the above described property Is recorded In Plat Book .................................... pagit ........ TO HAVR AND TO HOLD the aforeadd lot or pireol of 1=4 and all privileges And anatienneft thereto hakWur to am Crsutes in fee simple. And the Grantor comants with the Crftnleis, that Grantor Is seized of the prendsts in foe al mots, hu the right to convey the same in fee simple, that title is marketable and fees and clear of all ancumbrances, and that Cmkr will W"Mt no defend the title against the lawful claims of all persons whomsoever except for the ge"plJong hereinafter stated, IW9 to the property berelpabove deocribod is subject to the following aneptlons-, VC w"WMAX wVZMF. Ube Gh" ft".= S7 � son, "MMUZ eme� ses to W no t. by M." Of Dwe"OH4 W "Y (CWRKW X"*) W .......... — --------------- — — — - — — ------------------------ Ur.............. . 0 .... . ..... .. . . .... . . ............. . ..... W ....................... . . . ....... AVZImr; U ................... ................. ---------- — — - ....... . .............. &"twty to. w sun . 1 ;2 ................. .......... arbaKamm Bra Af. 1, . 2r. "NOW me &M em" 4" SUN Incense,-'04 MO •f--- i*01 L. HEak. (dIVOTCed-.— MunpuBLAC I 44 F, P*M-Mnr asetenA Wh" W am say me I pek"Meaged as- asse"" W am twersim INUMM My arse We �W we" W "AL *b . .2AM my GROU ?k_ _ xawr ft** X61210 CASOURA. --......._—C,6017. 1. - NAM pauh de U. C—W =4 stwe "W"IM wMer asti W-.QR' W "to. . ON 07 nd uge, ' —�Jg a . onfusya & XWC6 enques "awse-Q. -4 MW vy Moserey any reeftelffit k� wss 00" assic W MI - — ---------- — Pxw.-.k maw Was, No eMI Ma -04 amok" by IS a wfts v 7aM "A -ffkW My to& -Wan Now . ........ sway BrIM gut ft"*e.e C-ranakho et .......... . ......... C*Wd El"4 ------------- EXCISION or MW4;Le . ..... M C. w. A. yew X.. 11. IM, Mww.e 1117.