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
<I'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.