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30-05 David Greer for Sloop Boat Basin
DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: David Greer for Sloop Point Boat House 2. LOCATION OF PROJECT SITE:Off Lewis Road(SR1564),adjacent to the Atlantic Intracoastal Waterway,near Hampstead,in Pender County Photo Index-2000: 26-343 I, 21 1995: 26-326 M, 14 1989: 4 172 19 L,M 13, 14 State Plane Coordinates-X: 2420597 Y: 241700 GPS File: V-020112A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—02/01/05 Was Applicant Present—Yes,Agent 5. PROCESSING PROCEDURE: Application Received—02/01/05 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Pender County Land Classification From LUP—Conservation in the AEC and Limited Transition for uplands (B) AEC(s)Involved: ES,EW,PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—None Planned -None (F) Type of Structures: Existing—Boat Ramp,boat house,two piers,boardwalk,floating dock,bulkhead and tie-pilings Planned - Construction of three, elevated and fixed, finger piers and a covered gazebo. Additionally, the applicant proposes to widen and lengthen the existing boat ramp. (G) Estimated Annual Rate of Erosion:N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED QTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands 252 sq. ft. Open water incorporated(Finger Piers and (Incorporated) Gazebo) (C)Other—Shallow Bottom(Boat Ramp) 740 sq. ft. (shallow bottom) (D) Total Area Disturbed: 992 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY:The applicant is proposing to construct three elevated finger piers and a covered gazebo. Additionally,the applicant is proposing to widen and lengthen the existing boat ramp. David Greer/Sloop Point Boat House Page Two 9. PROJECT DESCRIPTION The project site is located at the end of Lewis Road(SR 1564),adjacent to the Atlantic Intracoastal Waterway (AIWW),near Hampstead,in Pender County.To access the project site,take Hwy 17 north from Wilmington and turn right onto Sloop Point Road just past Hilltop Grocery.Follow Sloop Point Loop Road for approximately 2.6 miles and turn left onto Lewis Road.The project site is located at the far end of Lewis Road on the left hand side. The project site consists of one property,which is adjacent to the AIWW on the east side of Lewis Road. The property has approximately 148' of shoreline and is approximately 250' in depth from the road right-of way.The property has an average elevation of 8 feet above MHW and the highground area consists primarily of lawn grasses.There are however, several large Live Oaks(Quercus sp.)located on the property.There is an existing concrete boat ramp on the property as well as a boathouse,boardwalk, floating dock,bulkhead,tie-pilings and two fixed piers. There are no coastal wetlands located on, or adjacent to the property.The shoreline is stabilized by a vinyl bulkhead. The project site has a CAMA permit history dating back to 1979(LAMA Permit#30-79). There are no records on file that show development prior to that time,however, a boathouse,marine railway and bulkhead were existing prior to the time that the first permit was issued.According to DCM files,the permittee at the time,Vernon Lewis, received a CAMA Major permit for the excavation of material from the area adjacent to the property.The permittee received another CAMA Permit(#89-88)for the construction of several tie-pilings as well as the addition of a floating dock.The permits were never renewed and all maintenance work has previously been approved under CAMA/D&F General Permits.The site currently provides dockage for up to nine vessels and includes one transient dock located within the boat launch area,just east of the boat ramp. The waters of the Atlantic Intracoastal Waterway,adjacent to the proposed project area,are classified SA,by the NC Division of Water Quality. This section of the waterway is NOT designated as a Primary Nursery Area(PNA), by the NC Division of Marine Fisheries. The area is OPEN to the harvest of shellfish. The applicant is proposing to construct three, 3' x 12' finger piers along the eastern side of the existing bulkhead, and construct a 12' x 12' covered gazebo at the terminal end of the existing pier.Additionally,the applicant is proposing to expand the existing boat ramp. As proposed,the boat ramp addition would extend 20' waterward of the existing ramp(or 19' below the Mean Low Water(MLW)contour)and would be 26' in width. Two other sections of ramp(5'6"x 1 l' each)would also be installed on both sides of the existing ramp to make the ramp uniform.The two 5'6"x I sections would span from the Mean High Water(MHW)line down to the MLW line. According to the site drawings,water depth measurements in the areas surrounding the proposed finger piers average-3.7' to—5.0' MHW.Water depth measurements in the area surrounding the proposed boat ramp range from 0' (MHW)to—5.0'. According to the applicant,the Sloop Point Boat House will be used as a launching and docking facility for the residents of the Pecan Grove Subdivision. 10. ANTICIPATED IMPACTS The construction of the proposed gazebo and finger piers would incorporate approximately 252 sq. ft. of Public Trust and Estuarine Waters.The proposed boat ramp would impact approximately 740 sq. ft. of previously dredged and/or disturbed bottom. Submitted by: J.Dail Date:February 7,2005 Office: Wilmington Form DCM-NW-1 APPLICATION- (TO be completed by all applicants) 1. APPLICANT �-i b. C' , to 5 mmupity or landmark C. Stre aaddress r s nd road number a. Landowner: _ Name_ NV4 arver— d. Is proposed work within city 1' its or planning Address jurisdiction? Yes �0 i30�X 158 t3 No I e. Name of body of water near t project (e.g. river, City State f0in _ creek, sound, bay) Zip AN23 Day Phone(Q 1gg3-4l a b Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: ��,1e� I Name �� �[:l�tCll�s Cl l�l�e hJ1h n a. List all development activities you propose (e.g, building a home, motel, marina, bulkhead,pier,and Address 1-0711 1 �C f�y p�j/� j� excavation andlor fill' activ' ' City EHtJ State� t r eJ^ X Zip 2E 7 7;3 Day Phone b. Is the�� are proposed ty mamte of an existing Fax �/o 2:1 D '7l project, new work, or both? \ �� llII C. Will the project b for public,private or commercial C. Project name (if any) �D!/1 adQ �! use? v 1 d. Give a brief description o - u e ethods of cans union andyy�o a o roposed NOTE Permit will be issued m name gflmidowner(r), and/or protect. I�e needed, a atta project name. addi ' V it A O r 2. LOCATION OF PROPOSED r e � � PROJECT Q 0C a. County R JAN 5 2005 U DIVISION OF Revised 03195 COASTAL MANAGEMENT Form DCM-MP-1 4. LAND AND WATER m. Describe existing wastewater treatment facilities. CHARACTERISTICS a. Size of entire tract "f01n _i 4�� 5-� n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) q� 115 wastewater, industrial/commercial effluent, "wash c. Approzi a down" and id tial disc ges r elevation of tract above MHW or Gi u(I NWL d. Soil type(s) 9d to�e(s) of tract o. Describe existing drinking water supply source. 5 � e. Vegetation on tract .01 5 � 7�r�C�15 f. Man-made features n w o tr 0 1 a . & \5. ADDITIONAL INFOR.MV ATION g. What is the CAMA Land Use PIan land classification of the site? (Consull ae local land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the, Tact zoned by local government? claiming to be the owner of said property, then IV t�Ne- 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 (Anach ton1ig cornpziance «mfcWe, tfappucabkJ An accurate, dated work plat (including plan view j. Has a professional archaeological assessment been and cross-sectional drawings)drawn to scale in black done for the tract? Yes � No ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.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 eli ible 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. Arm Co s of 1. Are there wetlands on the site? yes „�No Engineers reg din t a -en' ger Coastal (marsh) Other drawings.) A s e ?lo�atidiY!map` S (� o lat If yes, has a delineation been conducted? requirements it must be sufficiently d ' to (Anac+do—e�on, ;favaiLabk) guide agency pe onne JUn�"ilSar"the the DIVISION OF OASTAL MANAGEMENT Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CEI2TIIGA TION AND PERMISSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND • 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 t=a:,t plic:tion. 71-`;Act have re^dve3 Ov of the application and plats contained in will be subject to condition.,tA and restrictions contained the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certifythat to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies 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 5 I certify that I am authorized to Address grant permission to representatives s grant,state and federal and do in fact, Phone t L review agencies to enter on the aforementioned lands in Name X ea_ connection with evaluating information related to this Address / a/!.� Permit application and follow-up monitoring of the Phone project. 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 This is the_a_day of work on the project tract. Include permit numbers, At, CkMeNS permittee, and issuing dates. Print Name ierk/ Signature I-+dawner or.lucharized.lgaru . • 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 application. �L DCM MP-2 Excavation and FH1 Information DCM MP-3 Upland Development • A signed AEC hazard notice for projects in DCM MP_4 Structures Information ecz frort and isle: areas. — DCM MP-S Bridges and Culverts _ DCM MP-6 Marina Development • A statement of compliance with the N.C. Environmental Policy Act (N.GG.S. NOTE. Please sign and date each attachment in-the 113A - 1 to space provided at the butt 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. N 2 5 2M DIVISION OF Revised 03/95 COASTAL- MANAGEMENT Form DCM-MP4 STRUCTURES(Construction within Public Trust Areas) 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 Number other sections of the Joint Application which relate to (2) this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) — Commercial _Community✓Private (2) Number (3) Length _ (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No P ue� shoreline Number(i) ____._— I o1414 Mooring structure (boatlift, mooring pilings, etc.) (ii) Length Width > (1) Commercial Community—Private (w) ✓ yes No (2) Number (6) Platform(s) ( (i) Number 3) Length (ii) Length /;E-' (4) Width (iii) Width /a-' (7) Number of slips proposed #✓fig. Other (Give complett descripfion) (8) Proximity of structure to adjacent riparian property 1 ines 00 (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL 1 1� 6 H112✓ �? Boathouse(including covered lifts) L (1) Commercial Private (2) Length (3) Width Applicant or Pro)e Name /�� a L � ,,/ c. Groin (e.g. wood, sheetpile, etc.) S*Utm /Y/i4 (1) Number '�2 —/--Q (2) Length(s) Date N�d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or D 05 wetlands FEB 20 UIF GEMENT Revised 03195 e Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards fill activities. All values to be given in feet. 7 n r\ A b. Type of material to be excavated . -- Average Final Existing Project c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic velation Access (SAVs)or other wetlands? Yes �/ No channel (MLW) or(NWL) d. Highground excavation in cubic yards AWC, Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin ,yt m a. Location of disposal area Boat Alp i tc 3,v c-+o:5.0 ramp � ad t Duo 1.(o O+o b. Dimensions of disposal area Rock ><' groin :<;. �.'`.: c. Do you claim title to disposal area? ' Yes No Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? Yes No (Excluding If yes, where? shoreline stabilization) \\� FE ISION OF ENT Revised 03195 `v M AN AGEM G Q ASTA` Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water 1'.Cubic, (2) Dimensions of fill areal&'ft2o I I —" f. Does the disposal include any area in the water? Yes No (3) Purpose of fill Ca e 544 en ,rX. b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X No I If yes, i B � a. Type of shoreline stabilization (1) Dimensions of fill areaa kzo G //X20 Bulkhead Riprap (2) Purpose of fill 3 oa►1r !2MJ b. Length c. Average distance waterward of MEW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? GOACL&k, (Source of information) f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level �JV (1) Riprap (2) Bulkhead backfill c. Will wetlands be cr:,ssed in traps porting equipment h. Type of fill material to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES S 490 P Pe 1Appikant or]NvJM Kau w� g oaf" y r F (Excluding Shoreline Stabilization) Signature a. Will fill material be brought to site? „2——/—Q Yes No Date FEg 0 12005 pIVISION GEMENT Revised 03/95 C O ASTAL MAN A Letter of authorization From: David Greer 02/27/04 Sloop Point Plantation Project Hampstead NC 28443 To: Cama/NCDENR I David Greer do authorize Mark Clements/Clements Marine Construction to submit in my behalf request-for Cama major permits and all other Cama permits that pertain to work on my properties. David / wner 91 3 106 oP OP�MP G 1 i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: David Greer of 133 Gazebo Court, Wilmington,NC 28409 LOCATION OF PROJECT: Off Lewis Road(SR 1564), adjacent to the AIWW, near Hampstead, in Pender County 1 a DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02/01/05 f Ft:�- 2005 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes k1orehead City DCM FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED AT WIRO: FEE REC'D:$ 2,000.00 PUBLIC NOTICE REC'D: ,02p5/a5 END OF NOTICE DATE: ,031 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: l�Q; I ON: pZ1za./oS C) 30 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMNENrs OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries DWQ Groundwater Submerged Lands(DMF) 7F71 11 q' DEPARTMENT OF THE ARMY J% WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: March 29, 2005 r> Regulatory Division Action ID No. 200500440 APR 0 4 2005 forehead City DCM Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of avid Gre r for a Department of the Army permit to construct three elevated finger piers, a covered gazebo and widen and lengthen the existing boat ramp located at the end of Lewis Road, adjacent to the Atlantic Intracoastal Waterway, near Hampstead,Pender County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. 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. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 10. Approval of the structure was based on determinations that there would be no obstruction to navigation. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 11. The permittee shall advise the Corps in writing at least two weeks prior to beginning 2 the work authorized by this permit and again upon completion of the work authorized by this permit. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct,restore the water or wetland to its pre-proj ect condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 18. The West Indian manatee(Trichechus manatus),which is listed as a federally endangered species,has been reported in the waters in Brunswick County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 19. 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 3 requirement if he abandons the permitted activity without having it transferred to a third party. 20. The concrete boat ramp should be constructed on high ground and completely cured before final placement in waters at the site. Questions or comments maybe addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone(910)251-4930. Sincerely, L Henry Wicker Regulatory Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Cyndi Karoly Mr. David Rackley Division of Water Quality NMFS,Habitat Conservation Division North Carolina Department of Environment 219 Fort Johnson Road and Natural Resources Charleston, South Carolina 29412-9110 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Mr. Pete Benjamin Water Management Division U.S. Fish and Wildlife Service U.S. Environmental Protection Agency Fish and Wildlife Enhancement 61 Forsyth Street, SW Post Office Box 33726 Atlanta, Georgia 30303 Raleigh,North Carolina 27636-3726 Mr. Jim Gregson,District Manager Mr. Ron Sechler Wilmington Regional Office National Marine Fisheries Service North Carolina Division of Coastal Habitat Conservation Service Management Pivers Island 127 Cardinal Drive Extension Beaufort,North Carolina 28516 Wilmington,North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 4 Instructions to Word Processing: This is a card letter 31. March 25, 2005 Regulatory Division Action ID No. 200500440 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of David Greer for a Department of the Army permit to construct three elevated finger piers, a covered gazebo and widen and lengthen the existing boat ramp located at the end of Lewis Road, adjacent to the Atlantic Intracoastal Waterway, near Hampstead, Pender County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE w Chief Source Data,Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. 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. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 10. Approval of the structure was based on determinations that there would be no obstruction to navigation. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 11. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 18. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Brunswick County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 19. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 20. The concrete boat ramp should be constructed on high ground and completely cured before final placement in waters at the site. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 AUA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary MEMORANDUM TO: Patty Fowler Lees Sabo FROM: Jason D DCM-0iington THRU: Jim Gregson DCM-Wilmington DATE: March 15, 2005 RE: David Greer for Sloop Point Boathouse CAMA EXPRESS Permit Application Amendment The subject field investigation report was circulated on March 14, 2005. During initial review of the application, the Division of Environmental Health, Shellfish Sanitation Section,responded with comments to the Division of Coastal Management, concerning the proposed development at the subject property. The comments indicated that the proposed project would not directly cause a shellfish closure,however,the area would have to be closed due to cumulative impacts from-both the subject property and neighboring properties. Additionally, it was noted in the field investigation report,prepared by the Division of Coastal Management,that there are currently nine boat slips associated with the existing docking system on the property.However,after review of the initial permit, and in conversation with Patty Fowler, it was determined that six boat slips were originally permitted. Presently, the site contains dockage for up to seven vessels. The applicant has agreed to remove the existing tie-pilings that make up the seventh slip within the docking system.Additionally,the applicant has provided a copy of the revised site drawing(attached)that illustrates the location of the six boat slips. The drawing shows the elimination of the two outer tie-pilings to the south of the site, or adjacent to Mr. Seabolt's property. The Division hopes that these modifications will satisfy the comments and concerns received from the Div. of Environmental Health, Shellfish Sanitation Section. If you need any additional information,please do not hesitate to call me at(910) 395-3900. 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 �OF W ATF�Q Michael F. Easley, Governor O G William G. Ross, Jr., Secretary co 7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 8, 2005 SQnd Tu s ;- David Greer PO Box 15813 Wilmington,NC 28403 SUBJECT: Approval of 401 Water QuMbf6w ld6n—t Ly " L and Additional Conditions Sloop Point Boat House �;. nrJ DWQ Project#050386 Pender County DIVISK) a OF De4t(MA fAL MANAGEMENT You have our approval, in accordance with the attached conditions(WQC#3400)to conduct the following activity located off Lewis Road in Hampstead, Pender County. This approval allows you to: 1. Extend existing boat ramp 20' X 26' (520 square feet); 2. Expand both sides of the existing boat ramp by 5'6" X 20' (220 square feet); 3. Build associated docks,piers and gazebo. This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality(DWQ)on February 9, 2005. After reviewing your application,we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project,such as(but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations,NPDES and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your revised CAMA Major Permit application received by the Division of Coastal Management. If you change or modify your project, you must notify the Division(DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold,the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Servicel-877-623-6748 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Intemet: h2o.enr.state.nc.us O hCaro/l/ina An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Natwoull y Page Two David Greer Project#050386 March 8, 2005 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650; 2. No excavation and no spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur: 3. Measures shall betaken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#050386 under Section 401 of the Clean Water Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-395-3900. Sincerely, as Alan W. Klimek, P.E.,Director Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Consultant—Mark Clements Corps of Engineers Wilmington Field Office—Henry Wicker WiRO- 401 Oversite Unit, Raleigh—Cyndi Karoly CAMA Wilmington—Jason Dail CAMA Morehead—Doug Huggett WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS' GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the "Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; 1 WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC # 3400 3 DWQ Project No.: County: Applicant: Project Name: i� Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,NC,27699-1621. This form may be returned to DWQ by the applicant,the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, ,hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Agent's Certification I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Engineer's Certification Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(periodically, weekly, full time)the construction of the project,for the Permittee hereby state that, to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature Registration No. Date Mail to: 401 Wetlands Contact NC Dept.of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 W WA7-FR Michael F. Easley, Governor OG William G. Ross, Jr., Secretary r� North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E. Director Division of Water Quality March 2, 2005 David Greer Post Office Box 15813 Wilmington, NC 28403 Subject: EXEMPTION Stormwater Project No. SW8 050224 Sloop Point Boat House Pender County Dear Mr. Greer: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application to widen and lengthen an existing boat ramp on February 9, 2005 with additional information being received on March 2, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Rhonda Hall at (910) 395-3900. Sincere) Ed Beck Acting Regional Supervisor Surface Water Protection Section ENB/rbh: S:\WQS\STORMWAT\CAMA\050224.mar05 cc: Pender County Building Inspections Mark Clements; Clements Marine Jason Dail, CAMA Rhonda Hall Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Servicel-877-623-6748 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper ;V19turallry DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILDIINGTON.NORTH CAROLINA 28402-1890 YTO AAT[E MON OF: February 25, 2005 Regulatory Division Action ID No. 200500440 Q&v,xd Greer Post Office Box 15813 Wilmington,North Carolina 28403 Dear Mr. Greer: On January 1,2005,we renewed general permit No. 198000291 (copy enclosed),which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to construct three elevated finger piers, a covered gazebo and widen and lengthen the existing boat ramp located at the end of Lewis Road, adjacent to the Atlantic Intracoastal Waterway,near Hampstead, Pender County,North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly,the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in.-your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application,pursuant to Section 10 of the Rivers Harbors Act,has been assigned Action ID No. 200500440 will be coordinating your permit application with other Federal agencies. You may contact me at(910)251-4930. Sincerely, Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): . /4�Ir. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 151-B Highway 24 Hestron Plaza II Morehead City,North Carolina 28557 Mr. Jim Gregson,District Manager - Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 �QF W ATF9Q Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary co North Carolina Department of Environment and Natural Resources =i Alan W. Klimek, P.E. Director Division of Water Quality February 18, 2005 David Greer PO Box 15813 Wilmington, NC 28403 Subject: Request for Stormwater Management Permit Application Sloop Point Boat House Stormwater Project No. SW8 050224 Pender County Dear Mr. Greer: On February 9, 2005, the Wilmington Regional Office received a copy of a CAMA/DREDGE & FILL Permit Application Review for the subject project. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans,*completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than March 18, 2005. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-395-3900. Sincerely, V4" Linda Lewis Environmental Engineer ENB/arl: S:\WQS\STORMWAT\STORMSUB\050224.feb05 cc: Jimmy Canaday, Pender County Building Inspections Mark Clements; Clements Marine Wilmington Regional Office Jason Dail; CAMA Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: www.enr.state.nc.us One NorthCarollina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally "T°ptiF,�� United States Department of the Interior y o FISH AND WILDLIFE SERVICE � a Raleigh Field Office Post Office Box 33726 RCH 3 Raleigh,North Carolina 27636-3726 February 8, 2005 FEB 14 2005 C,0 AS Di ViSiON OF TA MANAGEMENTMr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington,North Carolina 28402-1890 Subject: Action ID #200500354, David Greer(Sloop Point Plantation), Pender County,NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated January 13, 2005. The applicant, David Greer,has applied for a Department of the Army (DA)permit to renovate two existing dock structures to create a 20-slip marina adjacent to the Atlantic Intracoastal Waterway (AIWW). Our comments are submitted in accordance with the Fish and Wildlife Coordination Act(FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review(33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA) of 1973, as amended(16 U.S.C. 1531-1543). By letter dated November 5, 2004, the Service provided comments to the North Carolina Intergovernmental Review Clearinghouse (NCIRC) on an Environmental Assessment(EA), dated July 2004, for the proposed work. You were provided a copy of these comments. The PN contains the Field Investigation Report (FIR), dated December 28, 2004, of the North Carolina Division of Coastal Management(NCDCM). The FIR and the EA state that the applicant proposes to renovate two, existing docks at Sloop Point Plantation. Both docks currently extend into the AIWW and are designated as Dock A and Dock B. The verbal descriptions of these docks do not appear to correspond to the designations given on project maps. For the purposes of these comments, the existing 119-foot Dock A is the northernmost structure and the existing 92-foot Dock B is the southernmost. These designations are consistent with project maps. Dock A would be extended waterward with a fixed dock and five walkways to create 10 boat slips. There would also be a landward extension of Dock A, but it appears that this construction would be along the edge of Wetland Area 1. It appears that no wetlands would be impacted by renovation of Dock A. 2 Dock B would be extended waterward in an identical manner to create 10 boat slips. This dock would be extended landward by constructing a boardwalk approximately 75 feet long by six feet wide across Wetland Area 6. Landward of the boardwalk, a walkway would be constructed on uplands to join a road within the development. No new dredging would be required for the renovations. However, the construction techniques to be used for the renovations are not given. The EA states that the boardwalk would cover approximately 450 square feet(ft) of vegetated wetlands under NCDCM jurisdiction. Based on project drawings and the EA, part of this area appears to be coastal fringe wetlands vegetated primarily with black needlerush (Juncus roemerianus). The EA notes that the boardwalk would be a minimum of three feet above the"ground surface." Sheet 6 of 6 of the EA indicates that the deck would be seven feet above the low water line. The FIR states that 3,152 ft2 of non- vegetated open water would be incorporated by the two docking facilities. As part of our review for the NCIRC the Service considered the federally threatened or endangered species under our jurisdiction. The listed species known to occur in Pender County can be found on our web site at<http://nc-es.fws.gov/es/entylist/pender.html>. Information for a more limited area around the project site is available from the North Carolina Natural Heritage Program(NCNHP)database. This database contains occurrence records for both state and federally protected species within each U. S. Geological Survey quadrangle (quad). The occurrence data of special status species within this quad can be obtained on the internet at< http://ncnhp.org/Pages/heritagedata.html>. The project is located within the Holly Ridge quad. The Carolina diamondback terrapin (Malaclemys terrapin centrata) is listed as a current record for the Holly Ridge quad and may occur in or near the project area. The species has a state status of Special Concern and is found in salt marshes and tidal channels. Our review indicates that the only federally listed species likely to occur in the project area is the West Indian manatee (Trichechus manatus), a federally-endangered mammal. Manatee occurrences are rare in North Carolina,but the species is known to occur in Pender County. However, it has not been reported within the Holly Ridge quad. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatees may travel in water as shallow as one to two meters (3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. The EA states (p. 9) that the AIWW provides potential habitat for the manatee. The EA notes (p. 9)that project construction and operation is not expected to have a detrimental effect on the manatee. However, the basis for this conclusion was not given. Our letter of November encouraged the applicant to provide the Corps with sufficient information to make a determination of project impacts on the manatee. Information useful in making this 3 determination would include water depths where construction would occur and the equipment which will be used. Pier construction which requires either jetting and/or pile driving for timber placement can create a risk to manatees. The FIR indicates (Sheet 6 of 6)that the area for dock construction has sufficient depth to be used by manatees. Protection of the species would be enhanced during in-water construction activities by implementing the AGuidelines for Avoiding Impacts to the West Indian Manatee - Precautionary Measures for Construction Activities in North Carolina Waters.@ These guidelines are available on our web site at< http:Hne-es.fws.gov/mammal/manatee guidelines pdfl. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area, work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. Protection of the manatee would further enhanced by scheduling construction from November 1 through May 31, a period when the species is least likely to be in North Carolina waters. The EA stated(p. 9) that the applicant"may wish to educate the final users of the docks about the possibility of encountering manatees during the warm summer months," and"signage may provide a means to educate the dock's users." The Service strongly supports such measures to protect this endangered species while it is North Carolina. The presence of this rare and unique species can enhance the enjoyment of coastal living and all efforts to reduce harm to the species will benefit all coastal residents. Service comments to the NCIRC expressed concern that structures built too low over coastal marsh could harm vegetation by blocking sunlight. The EA recognized (p. 7)that structures over wetlands can produce"detrimental shading effects." The Service recommended that the lowest part of any structure build over vegetated wetlands should be least four feet above the substrate. A minimum elevation of four feet is a special condition of the Corps' Regional General Permit#197800056. The NCDCM has recommended(Condition No. 6)that any portion of the pier or dock built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate. The Service continues to believe that the natural functioning of the important coastal marsh would be enhanced by elevating any covering structure at least four feet above the substrate. The Service seeks to minimize any adverse impact to submerged aquatic vegetation(SAV). The EA noted(p. 7)that no oyster beds or"other unique habitat" would be impacted by dock coverage over open water. The bottom within this area is described as consisting"primarily of sand with scattered shell debris and other organic matter." The EA did not mention any other habitat types and fails to specifically state that SAV is not present. Service recommended that the permit application contain a statement regarding the presence or absence of SAV both within and immediately adjacent to the construction areas. The current PN does provide additional information regarding the presence of SAV at or near the pier and docking facilities. 4 Overall, the Service does not oppose issuance of a DA permit for the work described in the FIR. If SAV would not be directly or indirectly impacted and coastal marsh under the proposed piers receives adequate sunlight, the work is not likely to produce irreversible or significant adverse impacts on fish and wildlife resources under our jurisdiction. With the inclusion of our manatee guidelines as a permit condition, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. However, the requirement of section 7 would need to be reconsidered if (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service appreciates the opportunity to provide these comments. If you have questions regarding these comments,please contact Howard Hall at 919-856-4520, ext. 27, at the address above, or by e-mail at<howard hall ,fws.gov>. Si er , Pete Be 'amin Ecological Services Supervisor cc: Ronald Mikulak US EPA, Atlanta, GA Ron Sechler,NMFS, Beaufort,NC Bennett Wynne,NCWRC,Kinston,NC John Dorney,NC Division of Water Quality, Raleigh,NC Jim Gregson,NC Division of Coastal Management, Wilmington,NC FEB-21-2005 15:03 JACKSONUILLE DISTRICT 9103468030 P.02 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 Express Permit DISTRICT 1 February 7, 2005 FEB 15 2005, MEMORANDUM: TO: ICen Pace NCDOT State Construction/Materials Branch FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA/DREDGE&DILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road (SR 1564), adjacent to the AIW W, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail 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 commen 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 — ,�'►, ►` CA ''`DATE 127 Cardinal Driv:'Ext.,Wilmington, North Carolina 28405-3845 Phone, 910.395-3900\FAX 910-350-2004\'^iernet: www.nccoast@lmanaaement.net 6n Pmml rinnnmin;hs\GFf..r+�h.,_n..�c.... ;r,.,,,.,.., cnoi. D..,.,�i�.�� •nf/ D....r....,.,.._,..n_.,.. TOTAL P.02 L'AX P .00 t 1i,JOUyil i 1 LL The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no continent. The Express Permitting Program does not allow for extensions during the comment period. ra..a-------_- ""'-'----i�vT�7i-vuTiSiTftCl-CTG�7L(I�TTT�TTCZ7TLllVTTVfnTTGlit'UTT�TVLTC3TLYi T - Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit February 7, 20 05 MAR 0 T 2005 MEMORANDUM: DIVISION OF TO: Bennett WyQQASTAL MANAGEMENT MAY NC Wildlife Resources Commission FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail- 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. t,/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 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 Express Permit - February 7, 2005 1� J5 1 ' MAR 0 9 MEMORANDUM: TO: Joe Hendersor�C ��41�(,gG F �ttD�i'ehei'ud City u'� �',j n MENT NC Dept. of Administratio State Property Office �� FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail 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 / C '�� DATE V_V_ 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 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 Express Permit February 7, 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries r t FROM: t'r Jason Dailit' I Express Permit Coordinator - SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Greer/, C)q- `1 O-Q S-Q- Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: �R s 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 \ O�, 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 1 10%Post Consumer Paper EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. • As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. -------------------- - �VVI 111 LYfrC11TY127-c7CpCnZIIIGIII Vl —N-...,---..._________________________ Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit February 7, 2005 MEMORANDUM: TO: Dan Sams For James Simmons Division of Land Resources FROM: Csonail Se~&I4 FEB 2 4 2W5 r Permi Lrdinator DIVISION OF SUBJECT: CAMA/DREDGE& FILL Permit Application Revt@ASTAL MANAGEMENT Applicant: David Greeir Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. I 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 E)12- DATE Feb i , Z co 5 127 Cardinal Drive Ext,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX 910-350-20041 Internet: vvww nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper Affl 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 Express Permit February 7, 2005 :( S— a MEMORANDUM: FEB �! TO: Renee Gledhill-Early NC Dept. of Cultural Resources Archives & History -_ FROM: Jason Dail / Express Permit Coordinator 3 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail 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. _V_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Eat ` DATE 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 F 1nQ] Phone: 910-395-39001 FAX: 910-350-200411nternet: www.nccoastalmanagement.ne An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%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 Express Permit f February 7, 2005 1 . '` elt�/�V''`� FEB 0 9 2005 tl� MEMORANDUM: / �. t TO: Linda Lewis _ � U Ci or Joanne Steenhuis Division of Water Quality (L FEB 2 3 > ,ti (2 2005 ; �. FROM: Jason Dail COA�, CIVISIpN UFV� Express Permit Coordinator `'rA MR NAG ENItNT CJp SUBJECT: CAMA/DREDGE& FILL Permit Application Review �``& Applicant: David Greer Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project, please contact Jason Dail 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. fVr^m t f SIGNEDC �'I u �� DATE 127 Cardinal Drive 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 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 Express Permit yr February 7, 2005 R 0 9 2005 MEMORANDUM: DIV�S�ON OF C 0 A �r�L �� Forehead Cis ul�ivi TO: Joe Henderso 4NAGEMENT NC Dept. of Administration State Property Office FROM: Jason Dail Express Permit Coordinator SUBJECT: FILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road(SR 1564), adjacent to the AIWW,near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project,please contact Jason Dail 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 / IADATE 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%a Post Consumer Paper EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. • As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensio '! during the comment period. wY"" ,. —""—"—i 7vI'u T�3c7TCJiTrrC1—tJG�7CI1 l7TlrfTC 177�11Y17VfY1TTGl7i1]TTClT�T7iCiTQi 7�vvvtii 3i+J"--- - �rc� Division of Coastal Management :1 Michael F.Easley,Governor Charles S.Jones, Director William G.Ross Jr.,Stary Express Permit 4 �r EC February 7, 2005 Q MAR 0 7 2005 MEMORANDUM: DIVISION OF TO: Bennett WyGQASTAL MANAGEMENT MAR 2 2005 NC Wildlife n Resources Commission --- --- Morehead QtY ACM FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road(SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project,please contact Jason Dail 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. t,/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /f 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanaaement.net EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. VVr ri r'Ci2?rCl►n-ITT_C7CPCn LI I ICI I L V I LJ IV II VI 11 I I%`I It ui i__—r'. - ----------------------- Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit February 7, 2005 Ad �/� V� 4 . ". f i 2 1 20G5 MEMORANDUM: W ad Cl TO: Dan Sams .. For James Simmons Division of Land Resources ECEEVE FROM: anon Dail S e ti4 '� FEB 2 4 20M r xpress Perm' oordinator DIVISION OF SUBJECT: CAMA/DREDGE &FILL Permit Application RevQ@ASTAL MANAGEMENT Applicant: David Greer Project Location: Off Lewis Road(SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12005 If you have any questions regarding the proposed project, please contact Jason Dail 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 Fib ,o,Zeo5 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 1 10%Posl Consumer Paper NCDENR ° North Carolina Department of Environment and Natural Resources 'fop a Division of Coastal Management 4� Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secret ,01 oy0- Express Permit February 7, 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries 0 FROM: Jason Dail ®�Fig l ITIT Express Permit Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: David Greerdd q- 0 aQ 5-,Z__ 5/0T QG'wrJf Project Location: Off Lewis Road (SR 1564), adjacent to the AIWW,near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project,please contact Jason Dail 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 \ C 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanaoement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r w ANA 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 Express Permit , February 7, 2005 1,! — 6 2 MEMORANDUM: DEB 9 2005 dR1w rlCki��, � TO: Renee Gledhill-Early NC Dept. of Cultural Resources Archives &History FROM: Jason Dail Express Permit Coordinator D � rr SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: David Greer APR 0 5 2005 Project Location: Off Lewis Road(SR 1564), adjacent to the AIWW, neaMW d City DCM in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project,please contact Jason Dail 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. _V_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.nefEB 1 0 2105 An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%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 Express Permit February 7, 2005 kEC EI V ED FEB 0 9 2005 55' �2 Z MEMORANDUM: �t7n TO: Linda Lewis p U I or Joanne Steenhuis Division of Water Quality - FEB23 �05 �,� o(� FROM: Jason Dail olvIS10N '�� Express Permit Coordinator COASTAL MANAGEV#Nv7. T SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: David Greer Project Location: Off Lewis Road(SR 1564), adjacent to the AIWW, near Hampstead, in Pender County Proposed Project: To construct three elevated finger piers and a covered gazebo, and to widen and lengthen the existing boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1 2005. If you have any questions regarding the proposed project,please contact Jason Dail 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. 7� This agency objects to the project for reasons described in the attached comments. N e�.d 2 G"ed-zt sW perm r+, SIGNED ,�c � �e� ' DATE 2—t a-0 S 127 Cardinal Drive 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 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 January 3,2004 David GreerTUT Sloop Point Plantation lkbDJ 133 Gazebo Ct. Wilmington,NC 28401 R1 BAN 0 7 2005 Dear Mr.Greer: Morehead City DCM The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the property located at NCSR 1561 (Sloop Point Road), adjacent to the Atlantic Intracoastal Waterway, in Pender County. Because your project is subject to review under the North Carolina Environmental Policy Act(NCEPA, G.S. 113A-1),your application can not be considered complete until a the appropriate environmental document has successfully completed the NCEPA review process. During the time the NCEPA review is occurring,we will circulate your permit application to state and federal review agencies for comment. However, the statutory time period that is required for considering CAMA permits will not be running. You will also be responsible for making and incorporating any NCEPA project changes to the CAMA permit application.Once the environmental review process is completed and a Record of Decision issued,a letter will be submitted to you stating that the application is now deemed complete and the projected deadline for making a permit decision is 75 days from the day ofNCEPA completeness.If you are not notified of a final action by the initial deadline,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 I I3A-119(b)requires that Notice of an application be posted at the location ofthe 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. If additional information is required,you will be contacted by the appropriate State or Federal agency.Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Gale Stenberg DCM Field Representative cc: Ted Tyndall,DCM Doug Huggett,DCM Henry Wicker,COE Tommy Garriss,LPO 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%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 February 7, 2005 FAX: 910-270-9315 2 Pages Topsail Voice Ms. Michelle Charles FEB 2 2005 Legal Advertisement Section US Hwy 17 Pylo'ohoad Crl y DiCiA Hampstead, North Carolina 28443 Re: Public Notice - David Greer for Sloop Point Boathouse Dear Ms. Charles: Please publish the attached Notice in the Wednesday, February 9, 2005 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. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun Z2� Simpson Simpson Coastal Management Admin. Assistant Enclosure cc: Doug Huggett Ted Tyndall File Copy 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 DEVELOPMENT PERMIT 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 February 1, 2005. According to said application, David Greer of David Greer Construction, Inc., 133 Gazebo Court, Wilmington, NC proposes to construct three elevated forger piers and a covered gazebo, and to widen and lengthen the existing boat ramp off Lewis Road (SR 1564), adjacent to the AIWW, near Hampstead in Pender County. A copy of the entire application may be examined or copied at the office of Jason Dail at 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 March 1, 2005, 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. A 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 7, 2005 Mr. David Greer David Greer Construction, Inc. 133 Gazebo Court Wilmington,North Carolina 28409 Dear Mr. Greer: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Mark Clements,for State approval for the development of the existing Sloop Point Boat House.It was received as complete on February 1,2005 and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected date for making a decision will be around March 3, 2005. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a joint review under the CAMA Major Permit/Corps of Engineers 291 General Permit process. Under most circumstances,the Federal review of these applications would be after March 3,2005. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made, the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, your project would most likely be processed as an individual permit by the US Army Corps of Engineers. Should you wish to place your project on hold before March 3, 2005,pending the receipt of the Federal decision,the Division of Coastal Management will render a decision once the Federal comments are received. 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 North Shore Drive. Some examples would be:Nailing the notice card to a telephone pole or stake along the road right- of-way fronting your property. Failure to post this notice could result in an incomplete application. Sincerely, anon it Express Permit Coordinator cc: Jim Gregson,DCM District Manager Doug Huggett,DCM Henry Wicker,COE Mark Clements,Agent Tommy Garris,Pender Co. LPO 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 AMA ERMIT APPLI F R PROJECT: Xz/. � e s'Anat- kite.. 6W-e J Xwjc/ .•� �,✓ a W•vir Ga z.`we. Adal: I.•.vul(�lf,� ,214 rn AAII do•rer j. COMMENTS ACCEPTED THROUGH r APPLICANT: FOR MORE DETAILS CONTACT � THE LOCAL PERMIT OFFICER BELOW:ALIG .&*✓. e o r;#L ox /�"�'/3 /,27 Cwd.V i- . & vim. gr k DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OR'NER NOTIFICATIONAVAIVER FOR'Nl Name of individual applying for permit: (,��� (� Address of propem: I hereby cerfiRr that I nwn property adjacent to the above-referenced 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 dimensions, should be provided Avith this letter.) 'Z I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management. 127 Cardinal Drive Extension, Wilmington, North Carolina_ 28405 or call (910) 395-3900 within 10 days of receipt of this notice. No response is considered the same at no objection if you have been notified by Certified Mail WAIVER SEMION (Does not apply to bulkheads or-rip mP) I understand that a pier, dock, mooring pilings, breakw-ater, boat house, lift or sandbags must be set back a minimum distance of IS'from my area of riparian access unless waived by me. (1f you wish to waive the setback,you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement I do not wish to«wive the 15' setback requirement. Iz Si_ ature Date Print Namc 'VIf - 27 41Y-// Telephone number with area code �J FE6 GG PSG F�- COMPLETE THIS SECTION ON DELIVERY 1 ■ Complete items 1,2,and 3.Also Complete A. item 4 if Restricted Delivery is desired. 9na r� ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, Rece' Addressee Print or on the front if space permits. . Date f Delivery 1. Article Addressed to: D. Is delivery ad Q� /�/A�f / s differentm @ 11 ❑Yes /i'/f4 C,P� If YES,enter Dv ad belgv; '❑No 3. Service Type O 77� ertified Mail mL�xpress Mail G ❑Registered Return Receipt f ❑ C Insured Mail p rohandise C. 4. Restricted Delive ra 2. Article Number Yes (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPILEM THIS SECTION ■ Complete items 1,2,and 3.Also Complete A. Signs re item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X Agent so that we can return the card to you. ddre.- ■ Attach this card to the back of the mailpiece, B. ec ive y(P'n e p� =0ve or on the front if space permits. 1. Article Addressed to:. D. Is delivery address erent from' ❑Yes If YES,enter delivery addrep belo No J!/Z /L v 5ff Z-7-1 3. Service Type 2 v � Certified Mail F&s Mail ❑Registered ❑ eceipt for ❑ Insured Mail ❑ D. 4. Restricted Delivery?(Extra�@e) es 2. Article Number (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ✓ r BK2392PG263 PEN '1 COUN1 NC FILED05/24/2004 5TuTE(T $1200.00 0411AY 24 PM 4: 03 pOLINA � + Real Estate GAS` 9! Excise Tax JI3AF H. :,PtifCEGOOu REGISTER OF DEEDS FENDER COUNTY, NC I PIH i NORTH CAROLINA GENERAL WARRANTY DEED Exc e Tax: $1200.6 0 Parcel tifier N ' Verified by County on the day of , 20 By: Mail/Box to: Robe C.Kenan,Jr.Post Office Box 957,Burgaw,NC 28425 This instrument wa prepared by: Robert C.Kenan,Jr. Brief description fog, the Index: THIS DEED made his 18`' day of May, 2004,by and between GRANTOR GRANTEE Teresa C. Lewis idow) David Greer Construction, Inc. Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs, successors,and assigns,and shall include singular,plural,masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has d by these presents does grant,bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of, Topsail Township, Pender County, North Carolina and more particularly described as follows: II Located in Topsail)Township,Pender County,North Carolina adjacent to and West of toe,Wesfori t f- Way line of Secondary Road No. 1564,adjacent to and North of Topsail Sound and ein�q9re ful ' described as follows,to wit: BEGINNING at a existing iron pipe m the Southwestern Right-of--Way line econ**7R%ad No. 1.5 , said iron pipe mars the Eastern dividing corner between Lots 1 and 4 of the Lewis X=t-thMce, a map of same dul recorded in Map book 15 at Page 80 of the Pender Coun egist� from the Begimmn , so located, O p`ST .Record Joyce ea ee s�r S�iaegood NC Bar Association AV Form No.3© 1976,Revised© 1977,2002 hides; �of �eed8 Printed by Agreement with the NC Bar Association— 1981 -Chicago Title Insurance Company un tip, i 3 (1) with the Southwestern Right-of-Way line of Secondary Road No. U6?!Ul1 -37` eg�ee§ 23 Minutes 00 Seconds East 254. 0 feet(passing over an existing in line iron stake in the Northern line of an old community roadway known a Lewis Road Southwest at 199.14 feet)to an existing iron stake that marks the Southwestern terminus point of Secondary Road No.1564 as per map the Eva Lewis Division map duly recorded in Map Book 15 at Page 80 of thi Pender County Registry; thence, (2)South 68 Degrees 09 Minutes 00 Seconds West 7.05 feet to an existing iron stake that marks the Northwestern corner of the Lea Properties,Inc. lands described in Deed Book 1323 at Page 281 of the Pender County Registry; thence, i (3)with said line South 26 Degrees 47 Minutes 19 Seconds East 140.38 feet(passing over an existing in line iron stake at 139.14 feet)to a steel nail on top of a bulkhead to Topsail Sound; thence, i (4)along said bulk�head and the high water line of Topsail Sound the following traverse courses and distances: South 76 Degrees 34 Minutes 27 Seconds West 8.58 feet, South 65 Degrees 55 Minutes 58 Seconds West 25.79 feet,South 66 Degrees 58 Minutes 54 Seconds West 42.23 feet and South 77 Degrees 50 Minutes 00 Seconds West 7';.76 feet to a point of the outside corner of said bulkhead; thence, (5)with the Western line of Tract No. 1 of the Eva Lewis Division North 20 Degrees 53 Minutes 00 Seconds West 355.16 feet(passing over an existing in line iron stake on the Northern edge of Lewis Road Southwest at 199.34 feet and an existing in line iron stake at 11.79 feet)to an existing iron pipe that marks the Northwestern corner of said Tract No. 1; thence, (6)with the North�rn line of said Tract No. 1 North 53 Degrees 12 Minutes 00 Seconds East 71.40 feet to the Beginning,containing 1.019 acres more or less and being a portion of Tract No. 1 of the above said Eva Lewis Division shown on la map duly recorded in Map Book 15 at Page 80 of the Pender County Registry. i The above described tract is `Subject to"an existing community roadway known as Lewis Road Southwest for ingress,egress and regress to and from other lands with said roadway lying adjacent to and South of existing iron stakesi called for in the above described boundaries. i i The property herei7bove described was acquired by Grantor by instrument recorded in Book,page. A map showing the bove described property is recorded in Map Book 15,Page 80. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. i And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title agaost the lawful claims of all persons whomsoever,other than the following exceptions: 1. 2004 Pender Co my ad valorem taxes and subsequent years. 2. Restrictions and easements of record,if any. 3. Pender County�oning ordinances. IN WTTNE S WHEREOF, the Grantor has duly executed the foregoin f the day,900� ove written. � p\ 1.Mp,N 6 G�PSC P NC Bar Association F' rm No. 3 © 1976,Revised© 1977,2002 Printed by Agreementpwith the NC Bar Association— 1981 -Chicago Title Insurance Company i 6K2392PG265 • EAL) Teresa C.Lewis x� cr AMP State Qf North aro ina—Coun ofQ I ° the undersigned Notary Public of the County and State a oresaid,certi that Teresa C.Lewis personally appeared before me this day and acknowledged the d e execution of the forego in rument for the purposes therein expressed.Witness my hand and Q otarial stamp or seal this ln�,tday of ctu ,2 y Commissio Expires: Notary c The foregoing Certi cate(s)of `P is/are certified to be rrect. This instrument and this c ificate are dul registered at the da e d time and in the Book and Page shown on the fi sta a hereof. JOY NE M. SOE Register of Deeds for p�I Ram County By: Q, Deputy/Awistwt-Register of Deeds rj i - 5 \dN GEM�N� Ow v�PNP Go PSZ P NC Bar Association F rm No. 3 © 1976,Revised© 1977,2002 Printed by Agreement ith the NC Bar Association— 1981 -Chicago Title Insurance Company