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HomeMy WebLinkAbout26-05 Moore, Robert r Permit Class Permit Number NEW 6 26-05 • � , - -. - STATE OF NORTH CAROLINA Depa ment of Environment and Natural Resources and MAR 7 BUGS Coastal Resources Commission 40PY ikrmtt Morehead City UCM for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued tg*ikabert Moore, 2907 Cambridge Dr., Wilmington, NC 28403 Authorizing development in New Hanover County at Banks Channel at 18 Channel Avenue, Wrightsville Beach , as requested in the permittee's application dated 9/15/04, including the attached workWan drawings (2), both dated 9/15/04 This permit, issued on February 22, 2005 , 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 fines imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any 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) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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. Ch Any maintenance work or project modification not covered . Jones, Director hereunder requires further Division approval. Division Of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees 7that your project is consistent with the North Carolina Coastal 6L Management Program. Signature of Permittee 1 �,�ob�ertoore Permit #26-05 Page 2 df 3 ADDITIONAL CONDITIONS 3) :t au only the docks, piers, and other structures and uses located in or over the water th are . p specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust E waters without permit modification. 4) This permit does.not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 5) The authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Wrightsville Beach pier head line. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent eastern property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. NOTE: Should the adjacent property to the west be sold prior to the commencement of the authorized docking facility, the permittee shall obtain a written agreement from the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 7) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. 8) The roof of the gazebo shall not be designed for second story use. 9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Robert Moore Permit#26-05 ' Page 3 of 3 ADDITIONAL CONDITIONS Y General i, r 11) No.vegetated wetlands or open water areas shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 041703. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200500095), which was issued on 11/2/04. a 9J- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 23, 2005 River Bend Marina C/o Ms.Berit Peck 108 Outrigger Road New Bern,NC 28562 Dear Ms.Peck: 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. Please sign both the original (buff- colored form) and the copy. 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.Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this.permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance 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 is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert Moore 2. LOCATION OF PROJECT SITE: 18 Channel Ave. adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach, New Hanover County. Photo Index - 2000: 24-307, M-8-9 1998: 11-218, M-N-7 1995: 24-288, Q-11 State Plane Coordinates - X: 2364043 Y: 169229 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-071415A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10-12-04 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 9-22-04 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wrightsville Beach Land Classification From LUP - Conservation (Open Water Area), Developed (Highground) (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Vacant lot, new bulkhead Planned - Pier (6' x 100'), (1) gazebo (14' x 14'), (1) Boatlift (14' x 14') and (1) floating docks (6' x 40') (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands incorporated (O en water) 1232 sq.ft. (C) Other (D) Total Area Disturbed: 1232 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No 8. PROJECT SUMMARY: The applicant proposes the construction of a private pier that would terminate in a gazebo, (1) floating dock and (1) boatlift into Banks Channel. Moore Page 2 9. PROJECT DESCRIPTION: The project site is located at 18 Channel Ave., adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property travel east from Military Cut-Off Road (N.C. Highway 17) approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N.C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks Channel. Continue through the light and take the first left onto Sweeney Street. The next immediate left will be Channel Ave. The property of interest will be located on the right. The lot is approximately 0.09 acres with 50' of shoreline frontage. The lot averages 6 feet above mean sea level. The lot remains vacant and was recently graded with excess material from the installation of a bulkhead and tie-back/anchor system, which was authorized under CAMA General Permit 15ANCAC 07H.1100. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Banks Channel, which are included in the Wrightsville Recreational Area, are classified SB#by the Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish PROPOSED PROJECT: The applicant is proposing the construction of a private residential pier which would extend from the bulkhead into Banks Channel. The pier structure would consists of a 6' wide by 100' long elevated walkway which would terminate in a 14' x 14' gazebo. Extending from the gazebo via an access ramp the applicant is proposing a 6' wide by 40' long floating dock which would extend waterward of the gazebo in the same alignment as the access pier (northwest). On the south side of the floating dock the applicant is proposing a 14' x 14' uncovered boatlift. The proposed structure would provide docking space for up to (4) vessels. Moore Page 3 10. ANTICIPATED IMPACTS The proposed pier system construction would incorporate 1232 sq. ft. of Estuarine Waters and Pubic Trust Area. Minor increases in turbidity should be expected during construction. The proposed pier, gazebo and floating dock would extend approximately 160 feet into a waterbody which measures approximately 800 feet across. This distance would conform with both the 1/4 rule and the established pier lengths . As proposed, the applicant's proposal would not extend beyond the Wrightsville Beach Pierhead Line. Recommendations for State Permit -Moore 10/19/2004 The total square footage of platform and docks was calculated as follows: � M, Shoreline length = 50 ft. x 4 sq. ft = 200 sq. ft. allowable. Gazebos = 196 sq. ft OCT 2 2 2004 Floating dock- not counted due to width and alignment. Total = 196 sq. ft. Morehead City DCM The construction would provide docking space for the total up to four (4) vessels. I have no objections to the proposed project. Any permit issued should include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the A water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 8. This permit authorizes a maximum of(4) boat slips. At no time shall more than (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. C, O C T 2 2 2004 Form DCM-MP-1 M APPLICATIO SEP 2 2 2004 (To be completed by all applicants) DIVISION OF �OA�STAL MANAGEMENT b. C' . town, comnu or andmark 114PSS'Jtl� > dick; IJL 1. APPLICANT c. Street address or secondary road number a. Landowner: Name 2obL--V6'.#bd1b d_ Is proposed work within city Iimits or Manning q n 1 jurisdiction? Yes No Address ! ! �IJ�1�L� OR e. Name of body of w� r nearest j�roject (/.g, river, City V'�1 I�`` State N ate, sound, bay) fX►��S �L+yM n C Zip ��b3 Day Zoin)e JJZ"3 CA�e"h+) Fax J1 D'J5HaJ- 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: NameE�Fl7ld(�� "Mri"ClnlwlUfC�iIN.S C a. List all development activities you propose (e.g. r� building a home, motel, marina, bulkhead,pier,and PD•D gt7� vation and/or filling activities. Address )W'1_ W1 ?'N &14103b Of" //I CityWf"►a'6U1)k�'� l State �C�r Zip?�l Day Phonenf 1��a5� b. Is the proposed activity maintenance of an existing project, new work, or both? /V�IJ ldd Itk Fax 1 q�0- 0�,56".1 c. WHI the project be for public,private or commercial use? ' f)2! UA 1� c. Project name Cif any) d. Give a brief description of purpose,use,methods of construction and daily operations of proposed Now: Peru,mU be asmed in nww of r(tl,andlor project. If more space is needed, please attach additio pages_ project nave. - /L=k /6T 771.2 Wr-50 lof �s ►� 13r- ��;�r�tc-� ���' Owner Uu� uS� 2. LOCATION OF PROPOSED A AM VL-IVc ►" , - oerk/NO f4 ov% PROJECT ��� Dwn�'Yt t-uyC.. 91#r- 7i4-NIt7� a. County &--W I�UL�YL Revised 03M OCT 2 2 2004 D Form DCM-MP-1 Morehead City D.. SEp 2 2 2004 m. Describe exist' VpgW40WC9q=tment facilities. 4. LAND AND WATER L MA�111a CEAI-r t CHARACTERISTICS lx r a. Size of entire trace n.. Describe location and type of discharges to waters 1 of the state. (For example, surface nmoff, sanitary b. Size of individual lot(s) .SU X 8� waste'ater, industrialicommercial effluent, 'wash down" and residential discharges.) c. Approximate elevation of tract above MHW or S�t r Z1'Fk� 1�i1 n t rG NWL M SL a. :.oil type(s) and texture(s) of tract o D:..s-:ribe existing drinking water supply source. 01 L_ L 17T e. Vegetation on tract /1lUA1C f. Man-made features n w on tract 1 jA1&n-I- Ly, 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Con uk the local land We plme.) following items must be submitted: Conservation Trawitional Community • A copy of the deed (with state application only) or Developed Community Rural other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How isJh a tract zonAA by local government? c1aiming to be the owner of said property, then ILI,Sj� ► forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed,¢roject consistent with the applicable from the owner to carry out the project. zoning? ��// Yes No ot=c+zming crrrif-te, tf qT i-ble) • An accurate, dated work plat ('including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological sment been ink on an 8 12" by 11" white paper. (Refer to done for the tract? Yes V No Coastal Resources Commission Rule 7.1.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic .District or does it involve a National only high quality copies will be accepted. -Blue-line Register listed or gible property? prints or other larger plats are acceptable only if an Yes V No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? —Yes INO Engines regarding that agency's use of larger Coastal (mom) 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 (Ands dom"mmdon, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 � CEHVE Form DCM-MP-I OCT 2 2 2004 SEp 2 2 2004 MiDrehead City DQ DIVISION OTAL NOFMFNT 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 of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. 'Me project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days iu which to submit comments I certify that to the b= if my knowledge,the proposed on the proposal projec► to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signimg this form, the applicant approved Coastal Menagem-,p% Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name //I ft( a .S Lac!1�) I certify that I am authorized to grant, and do in fact, Address - n1--WA,(,, , grant permission to representatives of state and federal Phone a' ZbYYP review agencies to enter on the aforementioned lands in D2 'nL connection with evaluating information related to this Name � /J permit application and follow-up monitoring of the Address ►o-r % e-, project. Phone Name Kim q Dlw I further certify that the information provided in this Address CGS 1 is �, dNd /UC application is truthful to the best of my knowledge. Pl,u„c 1 7 1 40k This is the /S day of • A list of previous state or federal permits issued for f� �l 1 work on the project tract. Include permit numbers, Print Name b F`-�y'yd C✓�5 r} perp XV mittee, and issuing dates. ILI b i 0,3691 S 0 L'-n �3! b q -rnL Signature 1'' Imd romwr o A„tl,orized Agent -V, Z<5�Wle • A check for$250 made payable to the Department of please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project' (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in � DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment In the Environmental Policy Ad (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. Revised 03/95 Form DCM-MP-4 D STRUCTURESSEP 2 2 zo (Construction within Public Trust Areas) DIVISION OF COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys )V)A 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 (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial C mmunity_Private bN (2) Number l (3) Length f d 0 (4) Width of water body (4) Width G % (5) Distance ' buoy(s) to be placed beyond (5) Finger Piers Yes V No shoreline _ (i) Number (ii) Length f. Mooring structure (boatlift� (iii) Width (1) _ Commercial �!.: Community _Private (6) Platform(s) V Yes No (2) Number r (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed g. Other (Give ki deimpti'n) / (8) Proximity of s ctu y�to adjacp iparian , roH1/N6 0 o � X�� property lines G ?�'11� (9) Width of water body +A700 GJAwprt (10) Water depth at waterward end of pier at MLW or NWL G htt1J b. Boathouse (including covered lifts) N� (1) Commercial Private (2) Length (3) Width o Project Name c. Groin (e.g. wood, sheetpile, etc.) �//� skmiture (1) Number ` J6 � (2) Length(s) - Date d. Breakwater (e.g,wood, sheetpile, etc.) (1) Length G n (2) Average distance from MHW, NWL or s' r" WED wetlands (3) Maximum distance beyond MHW, NWL or 0 C T 2 2 2004 wetlands Morehead City DCM 400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy. Revised 03/95 ,.;' dl1Q. Complete Marine Construction Service kl)beVLI II1 vow For Over 27 Years UJ 2 CAPT. ED FLYNN DURWOOD SYKES � c Salto AL 00 Z Z Piers, Floating Docks, Pilings, Bulkheads, O Q Boat Lifts, House Pilings, Repairs _C$)� P.O. Box 868 Phone/Fax: (910) 256-3062 _�J Wrightsville Beach, N.C.28480 email:efly@msn.com CA-� .._ c C) c o ICU o s a) O I / T)QT L it -- -- — -- — -- --- -- �D '`hot 114.. — L —- � a a 6r- 'FROM = CHARLIE HOLLIS REGULATORY CONS PHONE NO. 9103926833 Jul. 23 2004 09:53AM PO N MAP7 ( 140T 1'0 SCALE ) r. \ str Bi1LKHEAD ALIGNMENT �f IN, o Staked 71U/04 by Rob Miens(NCI)CM) CONCR> (015,iN� , � LOT 72 \ \ P!E'R PX. NAIL 0 � <�Qy C1=N7ERLfNE 0 �G�•p�y H'000 8 LKHFAD C �� ' 000 OULr<NEAU�� 4355 SF 8�g sr N, WOOD 0, 100 Ac FENCE s , cwUPSTrR o I p ��' O• n,� FAD C.B. II PG. TOT SEP 2 2 2604 DIVISION OF COASTAL MANAGEMENT qer-y /SSA"ovo NO TES: 1 �1 DOrLI 1. AREA COMPUTED 8Y COORDJNATE 1WHOD 8 CHANNEL A 2. ALL =TANCES ARE NORTYONTA! BEACH,, NG 28i8D J. FOR R£f£R£NG£ SEE AS NOTED .wf BEA1 , cm RS PLAT REPRESENTS AN ACTUAL SURVEY THAT INSETS OR EXCEEDS lam $ 111E REQUOa4ENTS OF A CLASS B SUZ Y 1N ACCOROAMCC KfTH rl r S7AMARDS OF PRACTICE' FOR LAND SURV6vI7NQ IN NORTH CAROLINA. COPM(GHr A HANO" DESIGN SER,0M, P.A., ALL RICH Ts,RESCRY£D. RCPRWUC110N OR USE OF THE CONTENTS OF THIS DOCUMENT;.OR ADDITIONS F y ON UEL£TIONS TO 1NIS DOCUL(cmT. IN �WOLC OR PART, mmouT TN£ W)T7EI1f CONSENT OF ME LAND SURVEYOR IS PROr181t£p. DNLY C!?AIF.0 fVAu P 0.Box 868 �s n��A, WthtsvMe Beach,NC 28480 "t� 14101 �k�L�fJ I1�� / (910)2U 062 , t 4b U �I r Cp p/ 200 q S Tq��is/o 4 l� MgNN OF q0���� In T GatEna IS /nog 50 /n gnu p S�`,j-�a.�►J� I ^� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200500095 County: New Hanover GENERAL PERMIT (REGIONAL AND NATIONWIDE) C.AA 11ON Property Owner: Robert Moore vZo Address: 2907 Cambridge Drive Wilmington,North Carolina 28403 NOV 1 5 2004 Telephone No.: 9 Size and location of project(water body,road name/number, town, etc.): ThMe si ar i'�IlKW4V Qy DC M Channel Avenue, adjacent to Banks Channel,Wrightsville Beach . Description of activity: Construct a 6' x 100' long elevated pier,terminating into a 14' x 14' gazebo with a_ramp leading to a 6' x 40' long floating dock. A 14' x 14' uncovered boatlift will be constructed on the south side of the floating dock.. Applicable Law: _ Section 404 (Clean Water Act, 33 USC 1344) X Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 19780000,% Nationwide Permit Number: Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 of the Clean Water Act(as indicated above),before beginning work you must receive a Section 401 water quality certification from the N.C. Division of Water Quality(telephone (919) 733-1786). For any activity within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington,NC, at(910)395-3900. Please read and comply with the attached conditions. Any violation of these conditions may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, lease contactrenricker at(910)251-4930. Corps Regulatory Official Date: 11/02/04 Expiration Date of Verification: /02/04 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. SEP-07,-04 TUE 08 : 17 AM F&S MARINE CONTRACTORS 9102563062 P. 01 F d .5 Marius Car" ractyr ARG- P,0 Bvx 868 Capt. Ed Flynn Wrightsville Beach, N_C. 28480 Durwood Sykes PhonelFa* 910-256-306Z email.efly msn.cotn EC ""IN 3 Sept, 2004 SEP 2 2 2004 OCT 2 2 2004 NCOENR COAST DIVISION ISIONAOEMENT Wilmington, N.C. M�r�tr��d City pCM Z Robert Moore authorize Ed Fly?n to act as my agent to apply for a CAIS+MA MQ%or Permit to construct a pier, floating dock and boatlift on my property at 018 Channel Ave., Wrightsville Beach, A/C Al� s �f . • ' . .'.y: fjt- ni:''t�; .'.I•I y,.. 'tom Complete Marine Construction Service For Over 28 Years Piers N Bulkheads Floating Docks M Boatlifts - Pilings - Repairs DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Robert Moore County: New Hanover LOCATION OF PROJECT: 18 Channel Ave., adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach,New Hanover County. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 09-22-04 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No O C T 2 2 2004 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:YMorehead City DCM FIELD REPRESENTATIVE: Robb Mairs DISTRICT OFFICE: Wilmington , DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 45-0. ' PUBLIC NOTICE REC'D: JOIL116V END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 1G 66crr ON: /Z1Zz/c5< C) 75 DAY DEADLINE: /26 ,/6 c,L 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMNIENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative (�/2�/�`' Coastal Management-LUP Consistency Division of Community Assistance ( 0410y Land Quality Section v� Division of Water Quality (� Storm Water Management(DWQ) State Property Office Division of Archives&History {(A Division of Environmental Health I Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries !/2 3 Submerged Lands(DMF) Permit# DCM Coordinator: MAILING DISTRIBUTION: / 1�� ✓ �—� fir+he DCM Field Offices: Q v� �66 r Elizabeth Cityhty Opt'� lQ.✓ w�.9h�3:� l/e Q�.,U� ,� �t� = WashingtonAmiedwj'V US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicke4,.-' Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Terry PiercV Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowle� / State Property Office: Joseph Henderson/ / Water Quality: Cyndi Karoly(for non-DOT}/ John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: Maria Tripp Y#Mett Wynn David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAM,k Major Permit Process Manual Page 70 of 70 AGA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 26, 2005 Robert Moore 2907 Cambridge Dr. Wilmington,NC 28403 Dear Mr. Moore: This is with reference to the request submitted by your agent, Miles MacQueen, to modify State Permit #26-05, which was issued on 2/22/05 and expires on 12/31/08. The action proposed in your submittal consists of modifying the pier and floating dock within it's permitted footprint, located at your property, 18 Channel Dr., Wrightsville Beach, N.C. Modifications would include allowing for the installation of a 6 feet in width by 50 feet in length floating dock to replace the permitted 6 feet in width by 40 feet in length floating dock. The permitted 6 feet in width by 114 feet in length fixed pier would be reduced to a 104 feet in length to allow for the 10 foot increase of the floating dock and maintain the permitted footprint, not exceeding the established pier head line. The number of slips would not be increased and remain to accommodate 4 vessels. Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal Management Permitting Section, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #26-05, as described in your transmittal letter and plans dated 4/29/05, which was received in our office on 7/26/05. Sincerely, 9zfrJanes H. Gregson Distyict Manager 1. , cc: Doug Huggett, DCM 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-350-2004\Internet: http://www.coastaImanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper MARINA INSTALLATIONS GROUP, LLC Robb Mairs 127 Cardinal Drive Ext. Wilmington, NC 28405 April 29, 2005 Robb, Please refine the permit for Robert Moore (18 Channel Ave, Wrightsville Beach, NC 28480) to allow for a 6' x 50' floating dock. The larger floating dock will remain in the same alignment as shown on the permit, and will not affect any of the established setbacks. The fixed pier will be shortened by 10' to allow for this change so as not to exceed the established pier head line. The fixed pier will be shortened from 114' to 104' in overall length. Thank-you, DCM UY{Li ING E ON, lVV Miles MacQueen 5 (agent for Robert Moore) s�t)I.. 2 200� 118 Portwatch Way • Wilmington, NC 28412 Phone: (910) 233-6265 • Fax: (866) 847-5277 I P.O.Eox 868 �SCh ►n��/ Wthtsvife Beach,NC28480 �1N'3v►!��� Ivy- (910)256,3062 6M�w PAU?c I fl � I 0 (DqS 3 i//S CI Lis DCM WILMINGTON, NC c���Elt�T JUL 262005 ML. a xv /cc I I ►� ,C3�' 14%�l,�ir ,,��t IfhG.I 9CnHnAE7A�, `; J_ -� �IU II�I! l" I..I;I II II, ! ,'11.01111 IIUII !-,f IVIC,• KohoI of Uver 2 7 Y'e.0 s A w r DURWOOD SYKE, {=`- CAPT. ED FLYNNFLYNfJ 1v,#1I i45ly o17p] �L Qu Piers, Floating Docks, Pilings, Bulkheads, c-Ij Boat Lifts, House Pilings, Repairs f ,I cv P.O. Box 868 Phone/Fax: (910) 256-306, LLJ _�—J Wrightsville Beach, N.C. 28480 email:elly(l)Insn.cm y—=—i V) Ply/ 6owso, r , -!n 1�� — — p.�r ♦O SO � , L r 1 - -- - \ r4o - 0 Robert Moore CAMA Major permit application,AID 200500095 Subject: Robert Moore CAMA Major permit application,AID 200500095 From: "Wicker,Henry M JR SAW"<Henry.M.Wicker.JR@saw02.usace.army.niil> Date:Tue,2 Nov 2004 13:33:16-0600 To: "'Tere.Barrett@ncmail.net"'<Tere.Barrett@ncmail.net>,"'Doug.Huggett@ncmail.net"'<Doug.Huggett@ncmail.net> Tere and Doug, I authorized Robert Moore CAMA Major permit application,AID 200500095 under GP 197800056. See Ya Henry 1 of 1 11/2/2004 2:40 PM A, 1200b `_ 0 0- DISTRICT 3 NCDENR . North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 RECEIVED MEMORANDUM: NOV 0 3 2004 TO: Ken Pace DIV.OF COASTAL MANAGEMENT RALEIGH NCDOT State Construction/Materials Branch '' ' FROM: Doug Huggett Py�V 0 5 2004 Major Permits Processing Coordinator /Woreh gad ��tY I) CM CAMA/DREDGE& FILL Permit Application Review CM Applicant: Robert Moore Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and(1)boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 395-3900. 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 rx LDATE tkYb� 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX:.. 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity lAffirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 MEMORANDUM: RDFMF TO: Fritz Rohde 7 2�04 For Preston P. Pate, Jr., DirectorDivision of Marine FisheriesABIT AT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave. adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and (1) boatlift into Banks Channel. ,. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE k/( (127 dy arm rive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-390 FAX:.. 91 0-350-2004 1 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR � North Carolina Department of Environment and Natu�al Resources ' J Division of Coastal Management Qp � pp Michael F.Easley, Governor Charles S. Jones, Director William G. I�ost Jr.0S9cretary L.•,;li October 19, 2004 MEMORANDUM: C TO: Linda Lewis �✓� ��ll Joanne Steenhuis �V 4- ' Z4 Noelle Lutheran RECEIVED Division of Water Quality O C T 2 0 2004 FROM: Doug Huggett Major Permits Processing Coordinator BY: SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating,, dock and (1) boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons describe in the attached comments. �h 0 SW ECM lr C,^ rJBn � 1ta6 al �27 Cardinal Drive SIGNED Ext., Wilmington, North Uft" 28405-3845 Phone: 910-395-39001 FAX:. 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 MEMORANDUM: TO: Dan Sams For James Simmons Division of Land Resources NOV 0 1 2004 FROM: Doug Huggett Morehead Major Permits Processing Coordinator ad City DOM SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave. adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and (1) boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This age:cy approves of the project only if the recommended chances are incorporated. See attached. V This agency objects to the project for reasons described in the attached comments. SIGNED e&l _eDATE Qc.T 2127 Cardinal nve Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX:. 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Pacer Qa AMU North Carolina Department Q epartment of Enviro nment and Natu ources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOV 1 2 2004 William G. Ross Jr., Secretary Morehead City DCM October 19, 2004 MEMORANDUM: TO: Patty Fowler NCDENR-Division of Environmental Health ' 2 � Shellfish Sanitation Section !n SHELLFISH SANITATION FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and(1)boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. A H x /I­0, Vier SIGNED DATE / (161 114-1 Ext., VVilmington, North Carolina 910-395-39001 FAXe910-350-20041 Intet: www.nccottalmana ement.nete An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 7X501K&e�s7� =�- NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 MEMORANDUM: Fa TO: Linda Lewis Joanne Steenhuis F9NOV 1 6 2004 Noelle Lutheran Division of Water Quality Morehead City DCM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave. adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating,, dock and (1) boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: AL This agency has no o jection to e 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 127 Cardinal Drive Ext., Wilmington, North QMM 28405-3845 Phone: 910-395-39001 FAX:. 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper IL NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 SIVED MEMORANDUM: NOV 1 6 2004 TO: Melba Laney Morehead City DCM Ruth Leggett Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave. adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and (1) boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: is agency has no objection to the project as proposed. ,-,,"/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � -�--- �� DATE /V 2 -9 U12( r Uardinal Drive Ext., WilKifngton, North Carolina 28405-3845 Phone: 910-395-39001 FAX:.. 910-350-20041 Internet: www.nccoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper luom -� 456 �► &�9 ! "- 20 04 : h0v zoos NCbENR seRE�CENED North Carolina Department of Environment and Natural Resources 0 AA5� 60 " Division of Coastal Management .�� Michael F.; ey, Governor Charles S. Jones, Director William G. Ross Jr., Secretary �!Z Ot October 19, 2004 Y_0q, 2861 MEMORANDUM: NOV 1 8 2004 _ rt ehead City DCM rt �d �b TO: Renee Gledhill�a�ly y NC Dept. of Cultural Resources Archives&History* G FROM: Doug Huggett Major Permits Processing Coordinator ZU04 5 SUBJECT: CAMA/DREDGE&FILL Permit Application Review NOV :1 DIV.OF COASTAL MANAGEMENT' Applicant: Robert Moore RALEI04i Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and(1)boatlift into Banks Channel. ,. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 121 Cardinal Drive Ext., Wilmington, ort Carolina 28405-3845 Phone: 910-395-39001 FAX:_ 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper OCT 2 .7 2004 NCDENRa: North Carolina Department of Environment and Natural Resource' Division of Coastal Management ` Q Michael F. Easley, Governor ales S ;10Y10§, f ector William G."Ro JC; Secretary . p /r � October 19, 2004 1 $ 2004 RECEIVED MEMORANDUM: oCehead City ()CM NOV 15 2004 M DN.of COASTAL MMAGEMENT TO: New Hanover Co. RAWGH Ann Hires FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach, New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and (1) boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. n � SIGNED ,9�—` / — _L — DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX:- 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper An-WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 ;. MEMORANDUM: OCT 2 7 2004 ® E C E W, E DC TO: Joe Henderson Morehead City OCT 2 0 2004 NC Dept. of Administration State Property Office DOA STATE PROPERTY OFFICE FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1) floating dock and (1) boatlift into Banks Channel. ,. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ATE MW127 O final Drive Exi., Wilmington, North Carolina 28405-3 45 Phone: 910-395 9001 FAX:._ 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper WOENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Director William G.Ross Jr.,secretary LE TH October 19, 2004 ?p MEMORANDUM: OCT 2 5 2004 TO: Bennett Wynne Morehead City DCM NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Robert Moore Project Location: 18 Channel Ave.adjacent to Banks Channel and Greenville Sound,in Wrightsville Beach,New Hanover County Proposed Project: Proposes to construct a private pier that would terminate in a gazebo, (1)floating dock and (1)boatlift into Banks Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 2004. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as,.,/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Fnt ial nnnnfimity t Affirmative Action Emolover-50%Recvcled 110%Post Consumer Paper DuvGicp monlTypo FEE DCti1 DWI) 1143CU 1601435100093 1625 62531 (243C016024351000952341) I. PdvJLl,nCn•�Am+nGICiJI iuv:ticjtrnont that does not invclvu 250 100 (`r250) Iilfing or ezr rvotion of any �C T v,If,ntd:or open walor areas: J. E ublic or commer-.iat development hal clot:;not Involve tha filling or 5700 100°b(S400) o;;(SC) i�:+lien of any walland:;or open .alar al't:d•^•: fil. F'or d::vulopmenl Lhat imolvas utu 5111:C ani!/er uxeavation of up to 1 aua of wuUands andlar open wn!Ar jrn98,delarminu if A,B.C,or D biar,w applir.:: III(A). Far Private,non•cornmercial drvnlnpmOnl,l1 Gown?water Oual&j C%(SC) Canifcaicn No.3301(see Qwiched) be:nnpliC11: I11(?): For pubGC or comma:Ci,Il :c:eicprcnl,IfOnrio,ulwa:•rrC�uafty ° GO 10U;o(�:GC) G (SC) Cc;tifiu!:ien No.2501 (Cue attached) .::rt be:lpplicd: III(C). If Gene:y Water t]u>lily C_rt cation No.3301(see attached) _cold be ippkd,but DCNI s-.-aT detcrrnirn-d tliatadJitional review and S"0 eC;s(S.'.;C) 4C i{St57) wri!l::n DWQ cnncurrenca is nt-eded t.w=uca of cbnccros ralated to water ciu:Gihj or acluntic No: Ill(D}. II Gan^_r3i Walr!r gva:ily lC?rliflC.'lil+ln No.3201(3.:e oi:ochcd) S.✓7 6U"6(5240) 40%(5160) cr.:t not b.!applied: IV. For rdcvelopmenl tI'tl invoNcs the filling end/or excavation of more S t7 GD°ro(5295) 40%($190) ene:,cru orwelland;anVor opan w.der area,,: O C T 2 2 2004 Morehead City :,i. .t A� ia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 FAX: 343-2229 ' 2 Pages Star News O C T 2 2 2004 Diane Blake Legal Advertisement Section Morehead City DCM Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Robert Moore Dear Ms. Blake: Please publish the attached Notice in the October 22, 2004, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, everly Rive r Coastal Man gement Secretary Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR O C T 2 2 2004 DEVELOPMENT PERMIT Morehead City DCM The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on September 22, 2004. According to said application, Robert Moore, proposes the construction of a private pier that would terminate in a gazebo, (1) floating dock and (1)boatlift into Banks Channel, located at 18 Channel Avenue, adjacent to Banks Channel and Greenville Sound, Wrightsville Beach, New Hanover County. A copy of the entire application may be examined or copied at the office Robb Mairs of The N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to November 11, 2004, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. O C T 2 2 2004 NCDENR Morehead City DCM North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 19, 2004 Robert Moore 2907 Cambridge Drive Wilmington, NC 28403 Dear Mr. Moore: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the construction of a shared private pier structure between your properties adjacent to the Atlantic Intracoastal Waterway and Middle Sound. The subject property is located at 18 Channel Ave., in Wrightsville Beach, in New Hanover County. It was received as complete on September 22, 2004 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 6, 2004. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day If this agency does not render a permit decision within 70 days from September 22, 2004,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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. / T Robb Mairs cc: Doug Huggett, DCM Field Representative Jim Gregson, DCM Jon Giles, LPO Henry Wicker, COE Ed Flynn, Agent 127 Cardinal Drive Extension,Wilmington, North Carolina 28405-3845 Phone:910-395-3900\Fax:910-350-2004\Internet: http://www.coastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper If _v I Ij AMA PE MIT w--% L I APr FOR PROJECT: C.M (_ A. &4L,& 1j f o COMMENTS ACGEPTED THHOUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: -& A,&/ a-r C." .}sue C► oS as 41 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION &WAIVER FORM Name of indiv 4* s�ppfyi permI �06 Mao�e.� . s Address of pr A& I hereby certify that I own property adjacent to the above refierenwd property. The Individual ,applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dknensions should be prorkled with this letter of notificatign. P ase initial below if you have no ejections; li�• �1Pl�tFY �3�si�� F& I have no objections to this proposal. If you have objections to what is being Proposed, please write the Division of-CoastW ManagemeK 12?Cardinal Drive Extension,Wilmington, N. C. 28M or call 910- 395 3900 within 10 days of receipt of this notice. No meponsle is considered the same as no objection if you have been notified U CerMW Mall. , WAIVER SECTION l understand that a pier,dock, mooring pbir", breakwater,boat house,lift or sandbags must beset back a minimum of 15'from my area of riparian access unless waived by me.tlf you wish to waive the setback, you must initial the app blank below.) 100 wish to waive the 15' setback require nt. I DO NOT wish to waive the 15'setback OCT u 4 2004 DIVISION OF COASTAL MANAGEMENT M s. �� ignature & Date �t L Not-,- �_ ^ OCT 2 2 2004 Print Name Morehead City ACM Tetaphone Number wf Area Code �----> PLEASE SIGN AND RETURN TO;F&S Ma&* ContradorS Inc, P.O. Box 868 tsvfe Beach, N.C 2"o PlhorwFax 910 25 I SEkIDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete i ature, item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. Received LA C. D to of Deli ■ Attach this card to the back of the mailpiece, or on the front if space permits. ? ❑Yes 1. Article Addressed to: b ❑No �yJ �A Oc'Y1 A') f tl✓�r 6 3. Se e&d1 Qt4prQQaM J ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number �bb3 alb bOb l` v�G'8 6 YO V (transfer from service label) U T ` PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 i ■ Complete items 1,2,and 3.Also complete A. ig re �� item 4 if Restricted Delivery is desired. X ` ❑Agent ■ Print your name and address on the reverse I IJ ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, E 1_�, _ 2-0• . or on the front if space permits. ? ❑Yes 1. Article Addressed tto:i� ❑ No 0 2 2 2004 3- Se /V/P 1'I�/f� to y1 l press ail v� !� �il� /� /�r /J C_.. ❑Registered ❑Return Receipt for Merchandise 2 G,9.f�� ❑ Insured Mail El C.O.D. l 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) V 7 I PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 ■ Complete items 1,2,and 3.Also complete A. Si ature item 4 if Restricted Delivery is desired. ,7 ElAgent ' ■ Print your name and address on the reverse. ❑Addressee so that we can return the card to you. B. eceived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, -x- or on the front if space permits. i ❑Yes 1. Article Addressed to: // del' ❑ No nn C.�C C/r` N M�p. a- - N n OCT 00% Z,,,+ L9 h-YL� se T c i H ai t� ❑Registered ❑Return Receipt for Merchandise sL�lr�b►�) C l v ❑Insured Mail ❑C.O.D. 4, Restricted Delivery?(Extra Fee) ❑Yes f 102595-02-M-1540 � 1181 Ifill Ifill IIIII1111111I11111 ififl IIIII Ilif{llll illl fin FOR REGISTRATION REGISTER OF DEEDS DSEP 2 2 2004 NEWBECCA HANOVER COUNTY, NC 2004 JUN 10 03:53:49 PM DIVISION OF BK:4363 PC:370-373 FEE:$20.00 COASTAL MANA r • NC REV STAMP:$900.00 INSTRUMENT # 200403W OCT 2 2 2004 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Morehead City DCMWARRANTY DEED ******************************************************************************* Drawn by: James Oliver Carter, Carter & Huffine, P. A., Attorneys at Law, 408 Market Street, Wilmington,North Carolina, 28401 (910-763-3626)(without certification of title) Returned to: Clark, Nemd=, Evans T.T.P Tax Map No. _R06308-017-008-000 ******************************************************************************* THIS WARRANTY DEED, made this the day of June, 2004, by and between the Grantors and Grantees named herein. (The terms "Grantors" and "Grantees" as used herein shall include the singular and plural, the masculine, feminine and corporate, as the context may require, and the heirs, successors and assigns of the Grantor(s) and Grantee(s); GRANTORS: BENJAMIN C. HEDGPETH and wife, SARAH N. HEDGPETH GRANTEES: ROBERT B. MOORE, (whose address for tax purposes is: 2907 Cambridge Drive, Wilmington,North Carolina,28403.) WITNESSETH: The Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the receipt of which is hereby acknowledged, have bargained, sold and by these presents do hereby bargain, sell and convey unto the Grantees, their heirs, successors and assigns forever, all of that certain lot or parcel of land located in the New Hanover County, North Carolina, and being more particularly described as follows: R AGZL Eul) ag Z V.E ` OCT 2 2 2004 �+ tt���� ((�� ��°° sEP 2 2 2004 BEGINNING in Block 100 Qr 9 eQltlestw9 y '6 N OF line of Lumina Avenue and 325 feet southwardly from the S"ou ��ZNAAGEMENT Columbia Avenue,the same being the Northeast corner of Lot No. 11, and the Southeast corner of Lot No. 12, runs thence westwardly and parallel with Columbia Avenue 100 feet; thence South 23degrees 12 minutes West 51 feet to the north line of Lot No. 10; thence EastwardIy and parallel with Columbia Avenue 90 feet, same being the Northeast corner of Lot No. 10, and the Southeast comer of Lot No. 11; thence Northwardly and parallel with Lumina Avenue 50 feet to the point of beginning, same being Lot No. 11, Block 100, of the subdivision of the Oceanic Hotel area, Station 1, Wrightsville Beach, according to map prepared by J. L. Becton, C.E., in the Register of Deeds office of New Hanover County, in Map Book 3,Page 7. Excepting and reserving a perpetual right of way and easement for the use of the public for ingress and egress through, over and upon that portion of the lands and premises hereinabove described and conveyed,which said easement and right of way is more particularly described as follows: BEGINNING in Block 100 at a point 80 feet Westwardly from the Western line of Lumina Avenue, and 325 feet Southwardly from the Southern line of Columbia Avenue, same being the Northeast Comer of Lot No. 11 on said plan and the Southeast comer of Lot No. 12, and runs thence Westwardly along the dividing line between Lots No. 11 and No. 12, and parallel with Columbia Avenue, 5 feet; runs thence Southwardly at right angles to said dividing line and parallel with Lumina Avenue 50 feet to a point in the dividing line of Lot No. 10 and Lot No. 11, in said Block; runs thence eastwardly along the dividing line between Lots No. 10 and No. 11, and parallel with Columbia Avenue, 5 feet to the northeast corner of Lot No. 10 in said block, and the Southeast corner of Lot No. 11, runs thence Northwardly at right angles to the dividing line between Lots Nos. 10 and 11, in said Block and parallel with Lumina Avenue 50 feet to the point of beginning. AND BEING the same property conveyed to Katharine E. Whitehead by deed dated July 24, 1934, and recorded in the Registry of New Hanover County, in Book 241, at Page 361. TO HAVE AND TO HOLD the above granted and described premises, together with all and singular the rights,privileges, easements, tenements, and appurtenances thereunto belonging or anywise appertaining unto the Grantees,their heirs, successors and assigns,in fee simple forever. FURTHER, the Grantors do covenant to and with the Grantees that they are seized in fee of the above described premises, that they have good right to sell and convey the same in fee simple, that the same are free and clear from any and all encumbrances except those mentioned below, and that they will warrant and defend the title against the lawful claims of all persons whomsoever, except for the following matters: OCT 2 2 2004 F 'rV E��✓�� i. Ad valorem taxes for the cur ead Qty SEP 2 2 2d�4 2. Restrictions and easements of record, if any. � DIVISION OF 3. Zoning and other land use restrictions,regulations, or&q.&JkJd WAG E M E N T IN WITNESS WHEREOF, the Grantors, have hereunto set their hands and affixed their seals by adopting the word "Seal" beside each of their names as of the day and year first above written. (SEAL) Benj C. Hedgpeth (SEAL) Sarah N. Hedgpeth STATE OF NORTH CAROLINA COUNTY,)OF NEW HANOVER I, 'ZJ a Notary Public for the aforesaid county and state do hereby certify that Benjamin C. Hedgpeth and Sarah N. Hedgpeth personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this the day of 2004. U'a-t , c� —A Notary Public My commission expires: &-(Q '� � Record of Poor Quality Due To Condition of Original Document b GS 161-14