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HomeMy WebLinkAbout86-05 MM 03/2008 .�•. } .4}Orr ✓Y:.}O-J-:�J.YJ.:-0•GtrvW-}0644t4}�.J904M?" O�W }6{� Permit Class Permit Number MODIFICATION/MAJOR 86-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ihrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Historical Society of Topsail Island,PO Box 2645, Surf City,NC �LPj45- a to Authorizing development in Pender County at adj. to Banks Channel, at 720 Carolina Blvd., in Topsail Beach , as requested in the permittee's application dated 12/8/07 (MP-1) and 12/1/07 (MP-4), including the attached workplan drawings (2), 1 dated 12/1/07 and 1 dated 1/21/05 This permit, issued on March 14, 2008 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes only the extension of previously authorized docking facility and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be.This permit must be accessible on-site to Department (/ personnel when the project is inspected for compliance. -son, Director . Gre Any maintenance work or project modification not covered Ja hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2011 In issuing this permit, the State of North Carolina agrees L ur project is consistent with the North Carolina Coastal gement Program. Signature of Permittee Historical Society of Topsail Island Permit# 86-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes a maximum of five boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. XXXXXX), which was issued on XX/XX/XX. � Historical Society of Topsail Island Permit# 86-05 Page 2 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. SAW-2008-00407-071) which was issued on 2/6/08. NIMA A4*A WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary March 17,2008 Historical Society of Topsail Island PO Box 2645 Surf City NC 28445-2645 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site. To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.necoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Y L � DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME:Historical Society of Topsail Beach 2. LOCATION OF PROJECT SITE: The property is located at 720 Carolina Blvd,adjacent to Banks Channel/ Topsail Sound, in Topsail Beach,Pender County. Photo Index-2006: 25-6587: M-(1-2) 2000: 25-324:L,M-(5) 1995: 25-307: K,L-(16) State Plane Coordinates-X: 2,413,491 Y: 227,630 GPS File: P-030914A Long: 77037'47.33987"W Lat: 34022'03.33885"N 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01-03-08 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received—Complete on 12-11-07 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Topsail Beach Classification From LUP-Developed (B) AEC(s)Involved: EW,PT (C) Water Dependent:Yes (D) Intended Use: Private/Commercial (E) Wastewater Treatment: Existing—Septic System Planned -None (F) Type of Structures: Existing —Dock,Bulkhead,Commercial Structure and gravel parking lot(highground) Planned—Extend existing dock waterward 16' (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands Incorporation Non-Vegetated Wetlands-open water 2,578 ft.' (C)Other Total Area Disturbed: 2,578 ft.' Primary Nursery Area:NO Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to extend existing dock waterward 16'. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 Fax: 910-395-3964\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper Historical Society of Topsail Island Page Two 9.PROJECT DESCRIPTION: The project site is located at 720 Channel Blvd.,adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender County.According to the permit application this property is 200' x 138' or 27,600 ft.2. There is an existing commercial structure on this property,know as the Assembly Building,with a 7,200 ft.2gravel parking lot. There is an existing bulkhead that runs the length of the shoreline at the project site.There is an existing floating dock and pier located at this site. The pier is 6' x 35' that connects to a ramp which is approximately 12' connecting to a 125' long floating dock the northern 30' section of the floating dock is 10' wide. The remaining 95' is 6' wide. The normal high water at this site is located at the base of the existing bulkhead. Banks Channel is approximately 1800' wide at this location. Banks Channel provides access to properties to the north and south of the project site. The vegetation on the high ground area includes bermuda grass and other ornamental plants.There are no coastal wetlands located in the project site. This area of Banks Channel has two defined channels separated by a sand bar.There is the federally maintained section that is located on the western side of the sandbar and the other channel is located on the eastern side of the sandbar. The project site is located adjacent to the eastern channel. CAMA Major Permit# 86-05 was issued on June 1,2005.This permit authorized the replacement of the existing then 6' x 72' floating dock with a 125' long floating dock the northern 30' section of the floating dock would be 10' wide.The remaining 95' would be 6' wide with six 3-piling clusters for mooring,and one single mooring piling.The dock is authorized to moor two commercial head boats moored at this location and the remaining 5 slips are for the use of the members of the Topsail Island Historical Cultural Arts Council. In its current location the water depths measure approximately—6' @ NLW on the landward side of the floating dock and—7' @ NLW on the waterward side of the structure. The Topsail Beach Land Use Plan classifies this area as developed. In the project area,the NC Division of Water Quality classifies the waters of the Banks Channel/AIWW and Topsail Sound,as SA.This area of Topsail Sound is not designated as primary nursery area by the NC Division of Marine Fisheries and is open to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to extend the pier and relocate the dock 16' into Bank's Channel.The proposed relocation of the structure would have the structure terminating approximately 67' waterward of the bulkhead.The water depths at the end of the proposed pier would range from—7.5' normal low water(NLW)to—9.5'NLW.Judging by the water depths provided by the applicant the deepest water is only 20' waterward of the end of the proposed dock.In addition,the pier would be inline with the pier to the north however,the shoreline makes a shift inland to the south of this pier and there is a similar shift in the established pier headline.Banks Channel is approximately 1800' wide from edge of bulkhead to edge of marsh at this location.The proposed dock would have two commercial head boats moored at this location and the remaining slips would be for the use of the members of the Topsail Island Historical Cultural Arts Council. 10.ANTICIPATED EMPACTS The proposed development would incorporate 2,578 ft.2 of estuarine waters and public trust area. The applicant is not proposing any new development above NHW. Submitted by: J. W. Giles Date: January 8,2008 Office: Wilmington 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper L I - Recommendations for State Permit—Historical Society of Topsail Island There is concern that the extension of this structure 26' into Banks Channel could encroach into the channel portion of the waterbody. This area of Banks Channel has two defined channels separated by a sand bar.There is the federally maintained section that is located on the western side of the sandbar and the other channel is located on the eastern side of the sandbar. The project site is located adjacent to the eastern channel.Judging by the water depths provided by the applicant the deepest water is only 20' waterward of the end of the proposed dock.In addition,the pier would be in line with the pier to the north however,the shoreline makes a shift inland to the south of this pier and there is a similar shift in the established pier heads. Therefore,the end of this structure may extend beyond the established pier head line. In its current location the water depths measure approximately—6' @ NLW on the landward side of the floating dock and-7' @ NLW on the waterward side of the structure. Considering the orientation of this dock is parallel to the shoreline and two large commercial head boats are moored on the outer edge of the floating dock,there may be potential impacts to navigation. 15A NCAC 07H .0208 (b)(6)(J)(i)states that piers shall not extending beyond the established pier length along the same shoreline for similar use;(This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); 15A NCAC 07H.0208(b)(6)(J)(ii)states that piers shall not extending into the channel portion of the water body. Considering the potential impacts to navigation and the existing water depths on either side of the existing floating dock this office would recommend approval of this permit,provided the US Coast Guard and US Army Corps of Engineers have no concerns about navigational hazards. If approved the following conditions should be applied: 1) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. 2) The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 3) This permit authorizes only the dock,finger piers,boat lifts and associated pilings necessary for the docking facility located in or over the waters that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary,may become a permanent part of the structure without a permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without a permit modification. 4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners riparian access corridor,which is determined by drawing a line parallel to the channel,then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. This requirement shall be void provided that a written waiver of the 15 feet setback is obtained from the affected adjacent riparian property owner. 5) The permitee must install and maintain,at his expense,any signal lights and signals prescribed by the US Coast Guard through regulations or otherwise,on authorized activities. 6) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 7) No excavation of shallow water bottom or any wetlands is authorized by this permit. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 Fax: 910-395-3964\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper L. � ' Historical Society of Topsail Island -Conditions Page 2 8) This permit authorizes a maximum of five(5)boat slips. At no time shall more than 5 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9) No sewage,whether treated or untreated,shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10)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. 11) This permit does not authorize the interference with any existing or proposed Federal project,and,the permittee will not be entitled to compensation for damage to the authorized structure or work,or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: The permittee and/or his contractor is urged to meet with a DCM Representative prior to project initiation. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at 910-796-7215 prior to commencement of any such activity for this determination. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper �CIIM!-1 RECEIVED APPLICATION for DEC 1 12007 MaJor Development Permit (last revs"12rA7/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant Landowner Information Business Name Project Name(if applicable) Historical Society Of Topsail Island Assembly Building Dock Extension Applicant 1: First Name MI Last Name Cecile Broadhurst Applicant 2: First Name MI Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO BOX 2645 PO Box City State SURF CITY, NC 28445 2645 Surf City NC ZIP Country Phone No. FAX No. 28445 usa 910-328-4221 ext. - - Street Address(if different from above) City State ZIP 720 Channel Blvd Topsail Beach NC 28445- Email ceed2223@aol.com 2. AgentContractor Information Business Name Agent/Contractor 1: First Name MI Last Name Edward S Parrish Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3344 Topsail Beach NC ZIP Phone No. 1 Phone No. 2 28445 9831 910-328-5974 ext. 910—512-0192 ext. FAX No. Contractor# 910 328 5974 Street Address(if different from above) City State ZIP 1405 Carolina Blvd Topsail Beach NC 28445- Email ed.pardsh@comspeco.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Lr Form U(;M MN-1 (Page- 1 APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Pender 720 Channel Blvd Subdivision Name City State Zip Topsail Beach NC 28445- Phone No. Lot No.(s) (if many,attach additional page with list) ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Banks Channel c. Is the water body identified in(b)above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural ❑Manmade ❑Unknown Banks Channel e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed NYes ❑No work falls within. Topsail Beach 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 195 40,000 app c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 195x138, I I NWL(normal water level) (If many lot sizes,please attach additional page with a list) 6 ❑NHW or NNWL e. Vegetation on tract N/A f. Man-made features and uses now on tract Historical Museum&meeting facility with Pier and Floating Dock g. Identify and describe the existing land uses adjacent to the proposed project site. Single family residential on each side h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Commercial (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes,attach a copy. ❑Yes NNo ❑NA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a NYes ❑No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC DEC 1 12007 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form UCM MN-1 (Page-4 3 a � APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii)Are there coastal wetlands on the site? ❑Yes ®No (iii)If yes to either(i)or(ii)above,has a delineation been conducted? ❑Yes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ®Commercial ®PublictGovernment ®Private/Community b. Give a brief description of purpose, use,and daily operations of the project when complete. The Historical Society dock is leased to commercial fishing operations, is used by the public for temporary moorage, and, when modified per this request,will provide a fueling station for the USACE dredge boats used to maintain Topsail Inlet and the navigable channels in Topsail Creek and Banks Channel c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type of equipment and where it is to be stored. Water pumps to jet down new pilings d. List all development activities you propose. The request, as shown on enclosed sketches, is to move an existing floating dock from extending 40'6"from the bulkhead to 67'0"from the bulkhead. This stay inside the space presently permitted for pier, dock, and tie dolphins, and will line the most seaward side of the dock with the neighbor(Wallace)on the east side, and will allow the neighbor on west side (Sundeland)to install a pier and dock without conflicting with the established use of the current pier and dock. e. Are the proposed activities maintenance of an existing project,new work,or both? both f. What is the approximate total disturbed land area resulting from the proposed project? N/a ❑Sq.Ft or❑Acres g. Will the proposed project encroach on any public easement,public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ®NA If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes,attach a mitigation proposal. RECEIVE M WILMINGTON, NC <Form continues on back> DEC 1 j 2007 252 1-888-4RCOAS7 . www.nccoastaImanagement.net i otrn ui;ivi ivir-i Fray o f ' ` AVtoL1%,A I IU14 Tot Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1)the following items below,if applicable, must be submitted in order for the application package to be complete. Items(a)—(t)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. . a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Al Wallace Phone No.919-735-4067 Address PO Box 10744,Goldsboro, NC 27532 Name Gary Sunderland Phone No.910-328-2253 Address PO Box 2452,Surf City,NC 28445 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. Modification to CAMA permit#86-05 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify hat t e information provided in this application is t thfuult]o_the best of my�nowledge. Date ` � �Print Name LA >//7t d �• ,i �/S l f C Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development DCM WILMINGTON, NC EDCM MP-4 Structures Information DEC 1 12007 :52-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ®Commercial ❑Public/Government ®Private/Community ®Yes ❑No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ❑Yes ®No u Number 1 If es: O Y (iii)Length 35'existing, proposed (ii)Number (iv)Width 6' (iii)Length (v)Floating ❑Yes ®No (iv)Width (v)Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii)Number 1 -existing (ii)Number (iii)Length 125' (iii)Length (iv)Width 6' (iv)Width (v)Floating ®Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. No additions ❑Full service,including travel lift and/or rail, repair or (ii)Number of slips existing maintenance service 5 ❑ Dockage,fuel,and marine supplies ®Dockage(beet slips")only,number of slips: 5 ❑ Dry storage, number of boats: ❑ Boat ramp(s);number of boat ramps: ❑Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ❑Open water,dredging for basin and/or channel Mixed Types ❑Open water; no dredging required r ❑Other;please describe: OCi w/LA V VED DEC �, r GT°N� NC 2007 k- Typical boat length: 40'-70' I. (i)Will the facility be open to the general public? ®Yes []No M. (i)Will the facility have tie pilings? ❑Yes ®No (ii)If yes number of tie pilings? —2-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.rs c revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑Toilets for patrons;Number: ; Location: ❑Showers ❑ Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design, if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and"No Wake'signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? RECE'VED ACM WILMINGZglu Y Y m. Is the marina/docking facility proposed within a primary or secondary nursery area? DEC 2007 ❑Yes ❑No 252-808-2808 :: 1-888-41IRCOAS7 .. rhrv".accoas Lail Mal IaWCinentalet revised: 12/27/06 - w Form DCM MP-4 (Structures, Page 3 of 4) DAM MINGT DF� r °N, Nc n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? 12007 ❑Yes [:]No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom (SIB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dnpline dimensions. 4. GRO/N(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a• (i) Number (ii)Length (iii)Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW,NWL, or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ❑Private/Community c Distance to be placed beyond shoreline d. Description of buoy(color, inscription,size,anchor,etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL 252-808-2808 :: 1-888-4RCOAST::www.nccoastaimanagement.net revised: 12/27,06 •Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. Floating dock will 25'west of the east property line and 45' Apprrox 30'from the Wallace pier on the east. east of the west property line Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 220' 9' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii)If yes,explain what type and how they will be implemented. 8. OTHER ®This section not applicable a. Give complete description: 12/01/2007 Date Historical Society of Topsail Island Project Name Edward Parrish,Agent Applicant N me) �C w�c��VE Applic LM�NCT D C ONV NC DE r 1240? 252-808-2808:: 1-888.4RCOAST::www.nccoastaimananement.net revised: 12/27/06 �1 I �wy � jj �Flo- ►/s- o/b - �I reoAl d,7wd7 vd H { M w n fg= OW w t � v C COS/ 14,14hQd om / L ' tj TI, _ nod . OCM w cFl V�� DE CMI NGTCN NC Historical Society of Topsail Island z 12007 CAMA Request to Extend Commercial Dock Project Narrative The Historical Society of Topsail Island owns sound-front property at 720 Channel Blvd in the Town of Topsail Beach, NC. The property has an existing pier and dock that is leased to commercial fishing operations, and is used by the public for temporary moorage when visiting the local business community. An adjoining property owner, Gary Sunderland, has filed an application to install a dock and pier on the west side of the Historical Society property that would materially interfere with the Society's ability to maintain existing established use of the present dock. The Historical Society has an existing permit for a 125' wide floating dock attached to a 35' long fixed pier(application # 86-05). The existing permit allows the floating dock to project 41 feet from shore, and also allows dolphins to be placed 67 feet from shore. We are requesting permission to eliminate the seaward dolphins and move the floating dock seaward to the line previously established by the seaward dolphins. This would place the floating dock in line with the most seaward reaches of the Wallace pier in the east, and would provide room for the Sunderland property to install their proposed pier and dock on the west without interfering with the operation of the Society's pier. There are no dolphins proposed seaward of those anchoring the floating dock. In addition, the proposed location would allow the Town of Topsail Beach to arrange for the USACE to use the Society's dock as a refueling location for dredges that used to maintain Topsail Inlet, Topsail Creek, and Banks Channel. Presently the dredges have to travel to Sneads Ferry to refuel, which significantly reduces operating time to maintain the navigable channel. In times past the Corps refueled at the New Topsail Sound Pier, which has been converted to private use and is no longer available. The Society believes that this project is essential to help preserve the commercial fishing operation that bolsters the economy of Topsail Beach, and to offer the opportunity for the USACE to save precious dredge dollars that would to channel maintenance in lieu of costly and time consuming refueling trips. RECEIVED DCM WILMINGTON, NC DEC 1 1 2007 Resolution Whereas The Historical Society of Topsail Island does own and operate a commercial dock that supports an important commercial fishing operation and is used by citizens and transients for temporary moorage when visiting the Town's business center; and Whereas the Topsail Island Historical Society wishes to modify and improve it's commercial dock by moving it 27 feet further seaward into Banks Channel; and Whereas the modification of the dock will allow a neighboring property owner to install a private pier without that pier interfering with the operation of the Historical Society's dock; and Whereas the modified dock will create a dock that can be used by the US Army Corps of Engineers to refuel dredges such The Merritt that, are used from time to time to maintain Topsail Inlet; and Whereas allowing the Corps to occasionally refuel at the modified dock will eliminate lost dredge time and the wasting of precious dredging funds by having to stop dredging operations and travel to Sneads Ferry when refueling; and Whereas the modified dock will contribute to the continued viability of a commercial fishing operation that is important to the Town, to Pender County, and to the State of North Carolina; Be it therefore resolved that the Town of Topsail Beach does hereby endorse and support the requested modification and does encourage the NC Division of Coastal Management to approve it. Mayor Attest: Towd Clerk Date: 10-I0- O f RECEIVED DCM WILMINGTON NC NCDENR DEC 112007 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H.Gregson, Director William G. Ross Jr., Secretary Authorized Agent Consent Agreement pG✓/I'`p s. 1 `f/`2i S a is hereby authorized to act on my behalf (Printed Name of Agent) in order to obtain any CAMA permit(s) required for the property listed below. The authorization is limited to the specific activities described in the attached sketch. LOCATION OF PROJECT: (f gRNWez a Z✓d E--v F��� ll 11 PROPERTY OWNER MAILING ADDRESS: 7 -,OPP 131X Sc//?/47' 01/1 tVC >ee yJ PHONE NO. AUTHORIZED AGENT MAILING ADDRESS: Po six 3 y4e�4 7-0 P, �Ic. ,MCP/L kc, >-eyy. 7- PHONE NO. Signature of Property Owner: 1 Signature of Authorized Agent: oe Date: / Y00 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Historical Society of Topsail Beach County: Pender LOCATION OF PROJECT: 720 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound, in Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-11-07lyct . FIELD RECOMMENDATION: Attached: YES To Be Forwarded: CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES JAN 1 1 ZOOS FIELD REPRESENTATIVE: Giles DISTRICT OFFI(M ftk4INGT N 9/,orDISTRICT MA14AGER REVIEW: / ' eaDem B) DATE RECEIVED BY MAJOR PERMITS T: FEE REC'D: $400.00(100%) PUBLIC NOTICE REC'D: 1-12-08 END OF NOTICE DATE: 2-9-08 ADJ. RIP.PROP NOTICES REC'D: DEED REC'D: ✓ APPLICATION ASSIGNED T ON: 3 J C) 75 DAY DEADLINE: . 150 DAY DEADLINE: 45 ag1 MAIL OUT DATE: 1-9-08 STATE DUE DATE: 2-2-08 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative �// ®� Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Z 3 Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health 1 _4 q1 ob Division of Highways Z U Qt) Wildlife Resources Commission Local Permit Office Division of Marine Fisheries /rzy of— Corps of Engineers T WA rI3-110f' Permit# � -(/ J DCM Coordinator: MAILING DISTRIBUTION Permitee: /. d�� S fG. �.f//� ki Agent: j��[,l��j� i!'��ll�l• DCM Field Offices: Elizabeth City Morehead City Washington i rrungton US ACOE Offices: Washington: Raleigh Bland Scott Jones William Westcott(NC DOT) Bill Biddlecome(NC DOT) Wilmington Dave Timpy ultural Reso Renee Gledhill-Early ublic Water ebra Benoy(WIRO) Fred Hill(WARD) arine Fisheries: Anne Deaton NC DO Ken Pace Shellfish Sanitation: atti Fowler Pro erty: June Michaux Water Quality: 1 John Hennessy DOT) Washington: Vivian Christy ' gton: Ed Beck Wildlife Resources: Maria Dunn(WARO) Molly Elwood(WIRO) LPO: Fax Distribution: Permitee# Agent#: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary March 3, 2008 Historical Society of Topsail Island Assembly Building Dock Extension c/o Cecile Broadhurst PO Box 2645 Surf City NC 28445 Dear Ms. Broadhurst: This letter is with reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property in Pender County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A- 122(c) which would make May 9, 2008, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, v Doug Huggett Major Permits and Consistency Coordinator cc: District Office 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper MAR-06-40008 12:44 From: To:2522473330 P.2f3 S o�War IQ1 Miohael F f:asley,6avembr �O G William G Musa Jr,Seacialy Nath Carolina Dapar11 mil of ilnvironinant and Natural Rfrrnlurods Coleco I I Sullins,Diroacir 17iviSirnl nf Wntur Quulity �rrr February 4,2008 ;Pander County DWQ Project##: 08 0079 'Historical Society of Topsail.ftach Attn: Cecile`Broadhurst PO Box 2545, MWM Surf.City,NC 28445110 Subject Property: 720 Caroli tfl . c prulm NO WRITTEN CONCURRENCE N1F 'pear Ms. Broadhurst: You.have our approval, in accordance with the attached conditions, to extend an existing pier and relocate tho dock waterward 16 feet, as described in your CAMA Major application dated January 9, 2008. After reviewing your application.,we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Nulnber M87 (GC3687) is met, This certification may also be viewed on our website at http://h.20,enr,wt€I,te,nc,uk ncwetlands. This Certification allows you to use the ;Regional General t# 198700056.Perm.it when issued by the US Andy Co.q)s of Engineers. This approval is only valid for the purpose and design that is described in your application. If you change your project,you must notify us and you may be required to send t.ls a,new application. 'if the property is sold, the now owner must be given it copy ofthis Certification and approval letter and is thereby responsible for complying with ali 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)(6) tend (7). This approval shall expire when the corresponding Nationwide;Perni t expires or as otherwise provided in the General Certification, For this approval to be valid, you must follow the conditions listed in the attached cartificat.tion and any additional conditions listed below. Conditions of Certification: 1) Upon completion ofthe project, the applicant shall complete and return the enclosed "Certification of Completi.on'orm" to notify'DWQ that all the work included in the 401. Certification has been completed. The responsible party shall complete the attached form and return it to the 401./Wetlands Unit of the Division of Water Quality, Violations of any condition herein set forth.nay result in revocation oft his Certification and may result in c.rimi.nal a,ndior civil penalties. I�'iihCaw' nu ��atrrrfr��y North Clfoliflw Nyiwi,>M of WRIer Quatily 1617 Mall sarvioa Cana Ilulaisk,NC V699.1 e17 Phone(919)703-7015 Co01011mr Sorvwo infarngr. 1Y.1k11.IglYbICNl1nlirv.�ln la'rCalon 512 N Salisbury St Rulaigh,NC 27604 Fax (919)71,1-Z496 1,877,623.6740 An Equal QpportunlIvAIMMOve AGlan Cmplpovr-50%RacVdadilh Potl Corfnumer Popar MAR-06-2008 12:44 From: To:2522473330 P.3/3 Page TWO Historical Society of Topsail Beach Aun; Cecile B.roadhtirst DWQ Project 9: 08 0079 February 4, 2008 Iryou do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You trust act within 60 days of the date that you receive this letter.. To ask for a hearing, send a written petition, which conforms to Chapter 15013 of the North Carolina General Statutes to the Of:kicc 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 Division of Water Quality tinder Section 401 of the Clean Water Act. 'If you have any questions,please telephone Ian McMillan at 919.733.1.786 or Joanne Steenhuis at our Wilmington Regional Office at 910,796,7215, S:i..ncerely, Joanne Steenhuis SeniorEnvi.ronmental Specialist Enclosures GC 3687 Certification of Completion cc: Edward Parrish—Contractor Ian McMillan-:DWQ 401 Oversight Unit David Timpy- Corps of Engineers Wilrnington :Doug Huggett• DCM Morehead City Jon Giles w ACM Wilmington, Central Files WiRO I ' p Al- MCDENR JAN 17 2008 North Carolina Department of Environment and Natural Res ur es ---� Division of Coastal Management DMF- HABITAT PitiO c!-!ii�'V' Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 9, 2008 MEMORANDUM: TO: Fritz Rohde Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his 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 A ULL DATE l 1 D 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper NCDENR ". 200� North Carolina Department of Environment and Natural Resources` Division of Coastal Management , Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary " re 0 January 9, 2008 tic MEMORANDUM: JA N 2 3 2008 TO: Dan Sams Morehead For James Simons CI �I ( Division of Land Resources FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the. proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ( \ SIGNED DATE 17 2o64Z�- ir 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR JAN 2 4 2008 North Carolina Department of Environment and Natura�ces Division of Coastal Management ead Ci ry C'W Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secreta January 9, 2008 JAN Lb MEMORANDUM: SHELLFWf UNITATION TO: Shannon Jenkins NCDENR-Division of Environmental Health Shellfish Sanitation Section FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1 Kr�0� 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post consumer Paper r� NCDENR JAN 2008 North Carolina Department of Environment and Natural Res Division of Coastal Management �MWft*Vt Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 9 2008 �t MEMORANDUM: JAN 3 0 2008 �Z og- 0 3.n.= t TO: Renee Gledhill-Early Morehead City DCM _ "ZZa NC Dept. of Cultural Resources AA Archives & History FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) 1I3blol SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co.. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED - DATE AP61 0 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper JAN-24-2008 12:45 JACKSONVILLE DISTRICT 910-7469030 P.01i01 D1SCt21 C, ' ,�►�,� aaK 11 zao� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor James H.Gregson, director Wiliam G. Ross Jr., Secretary January 9, 2008 MEMORANDUM: JAN 2 8 zuud TO: Robert vause Morehead City pCM NC DOT New Hanover Co. FROM, Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave_, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached commN,,,, . SIGNED t� DATE IF-3 d 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone, 910-796-72151 FAX: 910-395-39641 Internet: www riccoastalmanagement.not An Equal Opportunity',Affirmative Action Employer-60%Recycled l 10%Post Consumer Paper TOTAL P.01 LPIAA c r ✓ rrr. MCDENR ?006 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary URI� Al January 9, 2008 JAN 3 1 2008 MEMORANDUM: Morehead City DCM TO: Debra Benoy Public Water Supply District Manager FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE " 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 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 James H. Gregson, Director William G. Ross Jr., Secretary January 9, 2008 l I—V MEMORANDUM: � RIJAN 14 2-008 TO: Jimmy Canady I-PO Morehead City DCM Pender Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: v'J 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 Z__ 6)8 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper NCDENR JAN 1 5 �Vg North Carolina Department of Environment and Natural Reso rces Division of Coastal Management 10orenead City ,iJ ,m Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 9, 2008 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 1- 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 /—// 08 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper � 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 9, 2008 MEMORANDUM: JAN 1 0 2008 TO: June W. Michaux NC Dept. of Administration State Property Office FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Historical Society of Topsail Beach Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: to extend existing dock waterward 16' Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 2, 2008. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �. \\"O 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private,non-commercial development that does not involve the filling or excavation of any wetlands or open water areas $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C, or D below applies: III(A). Private, non-commercial development,if General Water Quality Certification No.3490 (See attached)can be applied: $250 100% ($250) 0% ($0) III(B).Public or commercial development,if General Water Quality Certification No.3490 (See attached)can be applied $400 100% ($400) 0% ($0) lll(C). If General Water Quality Certification No.3490(see attached)could be applied,but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D).If General Water Quality Certification No. 3490(see attached)cannot be applied $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) U z NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H.Gregson,Director William G.Ross Jr., Secretary January 9, 2008 Wilmington.classified@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington,North Carolina 28402 Re: Historical Society of Topsail Beach Kyle: Please publish the attached Notice in the Saturday, January 12, 2008 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit of the published notice to Melissa Sabastian,400 Commerce Avenue,Morehead City,N.C.28557,(252)808-2808. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson,Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington,NC 28405, 910-796-7226. Paying by Credit Card(number on file with Elsa Lawrence, Ref acct# 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions,please contact me at our Wilmington office. Sincerely, Shaun Simpson DCM Administrative Assistant Enclosure cc: File Copy Doug Huggett 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 December 11,2007. According to said application, the Historical Society of Topsail Beach proposes to extend existing dock at 720 Carolina Blvd., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, in Pender County. A copy of the entire application may be examined or copied at the office of Jon Giles, N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to James H. Gregson, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 12, 2008 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. � Via NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 9, 2008 Topsail Island Historical Cultural Arts Council Attn: Edward Parrish,Authorized Agent P.O.Box 3344 Topsail Beach,N.C.28445 Dear Mr.Parrish: The Division of Coastal Management hereby acknowledges that on December 11,2007,we received your completed application for State approval for the development of property located at 720 Channel Blvd, adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender County. The projected deadline for making a decision on your permit application is February 26,2008.An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances,this letter will serve as your notice of an extended review. However,an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 11,2007,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner,developer,and project designer/consultant. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. Sincerely, q ,,.—,,3 Jon W. Giles Jr. Field Representative cc: Steven H. Everhart,PhD, DCM District Manager Doug Huggett,DCM Ted Tyndall, DCM Dave Timpy,COE Jimmy Canady,LPO 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 Fax: 910-395-3964\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 1 `I ( r I) 1 (00* ] ,A 1 IV AMA PERMIT APPLIED FOR PROJECT: —A;;licant-proposes to extend existing dock s •, Banks Channel 1 TopsailSound, in Topsail Beach, in P_ender County. COMMENTS ACCEPTED THROUGH February 2, 2008 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1NO Dov. of Goastal Management Topsail Is. Historic Cultral Arts Council ,� ,,., r,,,,.,,,;„,,, n.. c.,+e.,s�,,., C/o Edward Parish :A:ol.,-,:.-,r.+r,r� AID'`7Rdfl�i PU Box 3344 ,ion-males 910 796 721 S DCM WILMINGTON, NC JAN 1 1 2008 1 --,..-. ,.,, .,r'. -wVol I JAN 1 6 2008 cr • . Y Lmn r • • MoMnetAo Qt L)CM fU 0 C' . 3 o / d m + :$ Ln .� or aw 'ocsc� Postal CERTIFIED Y RECEIPT .A fl1 fL OOFFICIAL UgE poop • - 31 $p'tL a�q� 0 o�ac�°° 0Q S^� Q axenp Pasunw� r� a (Em, tR" JAN o a0 2008 rq Rom= 1 # M Ta/W PoWapr d Fe" / GSA AAi7 Ln 0 �✓ PO afar t� d �- 3 2i �{a/2-37 -If6-57v-6 �ao� 37' &Y60-V0 OK3252PG258 FLED 07 JUU 15 AM 10:32 JOYCE H.SWICEGOOD REGISIER OF DEEDS PENDER COUNTY,NC The attorney preparing this instrument has made no record search or title examination as to the property herein described,unless the same is shown by his written and signed Recorded and Verified Joyce M.Swice,10.3 Register of Deeds L/ Exc a Ta Recording Time,Book and Page Fender County,N Tax Parc Rer No.: Return to: Mail after recordb -How I This instrumen repared by: Biberstein&Nunalee,Attorneys at Law,P.O.Box 428,Burgaw,NC 28425, Brief Desc.for the Index Lots 15,16,17 18,Block 5&lots 9,10,11 Block 9 New Topsail Beach NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this !�day of�,iq,•i 2007,by and between: GRANTOR GRANTEE Topsail Beach Economic Development Council,Inc. The Historical Society of Topsail Island,North Carolina %0, The designation Grantor and sed herein shall include said parties,their heirs,successors and assigns,and shall 'singular,plural, ig 4�r e er as required by context th a Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby and by theseVOW64"JAk bargain,sell and convey unto the Grantee in fee simple,all that certain lot or Opkrcelland' �pJim ip,Pender County,North Carolina and more particularly described as follows: d n RECE'VED ACM WILMINGTON, NC DEC 1 1 2007 DK3252PG259 Being idl of hots 15,16,17 and IS in Block 5 and lots% atvj 11 in Block 9 ofthe Subdivision know as New Topsail Beach, North Carolina,as shop on a map recorded itt{Na 36 of the Registry of Pander County. Save and except the property previously con Ga t es f ows:BeginningatapointbeingthesoutheastcornerofLot19 and Channel Boulcvar 1 9r r degrees 30 minutes West92.52 feet to a point along the sea wall ofTopsail Sound;thence a o 1 degrees 2R"y!F.�0 feet to an existing nail on the sea wait;thence South 40 degrees 30 minlit .72 fee ewe along Channel Boulevard,South 49 degrees 30 minutes West 10 feet to the point and place oflleginning according a= t�forTopsail Beach Economic Development Council",dated May 11, 1995,and drawn by Daniel Horace Thompson,Registere Surveyor,which plat is hereby referenced for a more particular description of same. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1059,Page 180. 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. 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,thattitle is marketable and free and clear of all encumbrances,and thatGrantor will warrantand defend the tide against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Tide to the property hereinabove described is subject to tiie following exceptions: 1. Restrictions of record. 2. Ad valorem taxes fur die year 2007. 3. Routine utility easements and highway rights of way. IN WITNESS WIIEREOF,the Grantor has hereunto set his hand and seal,or ifcorporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Topsail Beach Economic Development Council,Inc. Barry N s ie,Di or and Executive Board Member t _ By: B ilisonDirector and Executive Board Member By: ison,Dire r and ecutive Board Member By: IIV_ a oth r ard4 � By l n s u l i Ex tiv �(we °� B r Butch Parrisk,Director and E ecu've Boar er By: �n Ill - Allan/i�bby,Dire or and xecutive Board Armb r B <Y/� Gary owland,Drc for and Executive Board Member RECEIVED DCM WILMINGTON, NC DEC 1 1 2007