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HomeMy WebLinkAbout81-03 Clapp, John t� Permit Class Permit Number NEW 81-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources r WT and L Coastal Resources Commission JUL 0 7 2003ermit 0W.0FOA OAST�MIU�A for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to John Clapp, 121 Boryk, Topsail Beach,NC 28445 Authorizing development in Pender County at Man-made canal to Banks Channel , as requested in the permittee's application dated 8/26/02(MP-D, 3/13/03 (MP- 4),inc. att. workplan drawings(3),Pages 1 &2 of 3 dated 5/1/03,Page 3 of 3 dated 3/13/03,Ocean Hazard Notice signed 12/30/02. This permit, issued on J»ne 18, 2003 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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. Any maintenance work or project modification not covered VKAa D. Moffitt, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee s 4 John Clapp Permit#81-03 Page 2 of 3 ADDITIONAL CONDITIONS a 3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 5) 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. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee must 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. 8) This permit authorizes a maximum of three boat slips. NOTE: Should the adjacent property located northwest of the subject property be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. General 9) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. .t6 John Clapp Permit#81-03 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 030554. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200300868) which was issued on 6/12/03. a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary June 19, 2003 Mr. John Clapp 121 Boryk Topsail Beach,NC 28445 Dear Mr. Clapp: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS I I3A-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 would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Aov Douglas V.Huggett Major Permifs a aVlhsistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Clapp 2. LOCATION OF PROJECT SITE: 121 Boryk avenue, Topsail Beach,Adjacent to man-made canals toBanks Channel/Topsail Sound, Pender County Photo Index-2000: 25-323 N-12 1995: 25-305 N-9 1989: 173-29 I-19 State Plane Coordinates-X: 2407855.814 Y: 221772.636 GPS File: Q031320A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-03/13/03 Was Applicant Present-Yes 5. PROCESSING PROCEDURE: Application Received -05/1/03 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Topsail Beach Land Classification From LUP -Developed/Conservation (B) AEC(s) Involved: EW PT OH (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -Septic Tank Planned -N/A (F) Type of Structures: Existing - Single family residence ,Pier, dock and boatlift Planned -additional boatlift and floating dock (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands mixed high marsh (B)Non-Vegetated Wetlands 284 sq. ft. Open Water incorporated (C)Other (D) Total Area Disturbed: 284 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to remove a damaged dock section and add a second boatlift and a floating dock to his existing pier. John Clapp Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 121 Boryk Avenue,in the Town of Topsail Beach, in Pender County. The property is located adjacent to the man-made canals on the south end of Topsail Island adjacent to Banks Channel/Topsail Sound. 121 Boryk Avenue is near the intersection of Ocean Blvd. and Boryk Avenue, approximately 7.0 miles south of the intersection of NC Highway 50 and NC Highway 210 (Surf City stop light). The highground property consists of a single-family-residential lot measuring approximately 85'deep and approximately 60'wide. The elevation of the property is approximately 5 feet above normal high water. The property shoreline (southern side)is stabilized with approximately 60'of vertical wooden bulkhead. The width of canal in front of the applicant's property is approximately 120'. In this area of the southern canals,the bulkhead is also the normal high water line. The applicant has a 3' wide walkway parallel to the bulkhead on the highground for the length of his shoreline. An existing 6' by 16' platform extends waterward parallel to the bulkhead. An additional 5' by 16' platform is waterward and lower to the water than the first platform. On the eastern end of the platform a 3' by 27' pier extends out into the canal. On the eastern side of this pier, approximately 14' waterward of the bulkhead,is an existing 12.5' by 12.5' boatlift. Currently,this structure could provide docking space for up to three vessels. The waters adjacent to the project are classified"SA"by the Division of Water Quality. The area is not designated a Primary Nursery Area and is open to the taking of shellfish. The applicant is proposing to remove the more waterward 5' by 16' platform. Along with this the applicant is proposing to add a second 12.5' by 12.5' boatlift and an 8' by 16' floating dock. The second lift would be located on the western side of the pier and the floating dock would be to the west of the second lift with an access ramp coming from the remaining 6'by 16' existing platform adjacent to the bulkhead. The second boatlift would extend an additional 3.5' into the canal. The project as proposed would provide docking space for up to three vessels. The proposed floating dock would have approximately 3.5'of water depth at low tide. 10. ANTICIPATED IMPACTS The proposed boatlift and floating dock additions would result in the incorporation of an additional 284 square feet of public trust area. Minor increases in turbidity can be expected during construction Submitted by: Joanne Steenhuis Date: May 2, 2003 Office: Wilmington Recommendations for State Permit—John Clapp It is recommended that a permit be issued to authorize the boatlift and floating dock with the following conditions: 1. This permit authorizes only the addition of the 12.5 by 12.5' boatlift and an 8' by 16' floating dock (contingent on the removal of the existing 5' by 16' platform)that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary, may become a permanent part of the structure without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 395-3900 prior to commencement of any such activity for this determination. 7. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 8. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 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 ' r r APP LICATION (To be completed by all applicants) b. City , community or landmark 1. APPLICANT 1 a. Landowner: c. Street address r see o road number - _ Z Name d. Is proposed work within city limits or 2 jurisdiction? �_ Planning es Addrs �Z SC�lotre Yes ��,Q�/> - No �- CONK ! A) e. Name of body of water nearest City 3 , (� State creek, sound, bay) pi pr°sect (e.g, river, Zip �t Day Phone ( D- _7 /-� ?� V Fax 7 3. DESCRIPTION AND PLA_�t_NED.USE OF PROPOSED E b. Authorized Agent: �'PROJECT Name a List allbuilding� ou yv-„lopm= activities home., mote. propose (e.g. Address l O , ��, bulkhead,pier, and . P. ) ezcav on and%r nllina iX'l• a aCtlVltieS. fl FIn E City l A D Dne_ 717u,,j iPe p/oc a C t� State � a aaA— L /AJ6QdC / ZiD5 Day Phone - 3L b. s the . _XODOSed a•-tivit,, rainte Ilan= Of an e~yStlno Fax ��Q proie,•-t, n� work, or both? c. Will the Zaa=!7!= r - C. proje�''- name (if,any) Ilse? ateor commercialGivef deS�ption OfDurpose, Me,mods of C0� n and y o�ations III�r� $�a �DQS��'1D�/ec,ar„c. a. diti Q is , plr2se a`t ach p��_ T7&rA AAt,gTZ,OCAf.1ON OF PROII'OS=D �rr e ofPRQ,�yC�' A D a Pf(?4 T�v al S �I a. County MAR 14 2003 DIVISION OF COASTAL MANAGEMENT 'n!!yisee- 03,9:� - Form DCM-NIP-1 4. IlA-ND � � WATER m. Describe existing wastewater treatment facilities. S�Prtc_ CH_A,P ACTERISTICS a. Size of entire tract_G(�n)_O n. Describe Location and type of discharges to waters b. Size of individual lot(s)_�f Ik- of the sate. (For example, surface" runoff, sanitary wastewater, industrial/commercial effluent, "wash C. Approximate elevation of tract above Mh'W or down" and residential discharges.) NWL d. Soil type(s) and texture(s) of tract o. D � i.1p Bribe existing drinking water supply source. e. Vegetation on tract( QS f. Man-made features now on tract S ���t Fn„�,w t�o►at (a s�n �. ADDInOhTAI,III' ORM4TION What is the CAMA Land Use Plan land classification of the site? (Coruylr brsl ims��c In addition_. to the com lets followin items must ust F be submitted;application form, the Conservation Transi`,ional g Developed Community A copy of the d� with state Rural ( application only) or Other other instrument under which the applicant claims title h. How is_the tract zoned b local -ove .� to the affected properties. If the applicant is not y :nmeut. claiming to be the owner of said property, then fon;ard a copy or the deed or other instrument under which the owner claims title, pIus i. Is the proposed prof, consistent with o e WrltEen I Mission �'�` from the owner to cap. A the apDiicabl ry out the Droie,^t. zoning? � y� No (fuac.wrung rnrrm::...,.. mzinr..tc, i=c�nii�oec j 6 An Re=rEte, da ted work; plat (including plan view j. H2s 2 professional archaeological 2s and ess-sertior.2l drawings) drawn to scahe in blac: sment been ine on 2n 8 IP_" b " o done for the tract? y y 11 whit,. (Refer to No Coz,..al Resour c; Paper. If yes, by whom? Commission Rule 71.020, -for a detail✓;.' description.)I:. 1j the project, locatedin a National Registered PI�....se note that o.i� Historic Distri= or does it involve a _ _ tiraWIn 5 are . g n preferred and National only blab ouai.t<� copies will be 2:;,meted. 3iue-line Rap-i$t� I?s' ells l� or ib property? pints or other la l e No adeauat Dias are ac:stable only h.an e number or quality coDies are Provided OY I. Axe applicant. (Cnntat< the U-S. Army CorDs of a there wetlands on the,. site? Yes No Engines rezardine Coastal (marsh) 0� � that agency's use of larger L-'ves, has a delineation beenrMAR.1 A site or Location maD is 2 part of.-ondu �TV e plat (.5:.ac.= dncvrz:_:c.:or., ]mry:bicj ns a1-!d it must be sufficientiy detailed to gold cy Pe.,onnei un:�miiiar with * o 4 2003 `�`�`�to�✓DIVSION OF Revised COASTAL MANAGEMENT Form DCNf-?vfP-1 site. Include highway or se,ndary road (SR) numbers, Landmarks, and the like. 6. CER TIRCATION AND PERINUSSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND • A Iist of the names and complete addresses of the I understand that-any p__"t issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. Tne project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of m on the proposed project to the Division of Coastal activity Complies with the y knowled State of Norge, the proposed Management. Upon signing this form, the applicant approved Coastal M o th Carolina's further certifies that such notice has been provided. conducted in a manner consistent with such program. Name � '5 c I c�:tiry that I am authoriz�I - Address o to grant, and do in fact, ? Phone ! ant Permission to r=resentatives of state and federal review agencies to enter on the aforementioned Lands in Name To F_ f pAT RvG FRS connection with evaluating information related to this Address 52Z I Al Pit application and follow-up g monitorin Phone Ulik Z7�6G project. a of the Name I further certify that the information provided in this P Address aP licatiOn is truthful to the t of my imowledoe. Phone ' • A list of previous state or federal This is tfederalpermits issued for day of u Iq work on the proje,^t tract Include permit numbers Pelmittee, and issuing dates. -fit Name O A e3,07 Si na ure a'Aa woe,r�.fren • A rho for$250 made payable to the DeD27M nt of Please indicat. e'', l e Z==h nenu pe- C Environment, Health, and Natural Resources 'a�� to your pro�s� _ proi�-. (D=HNR) to cover the costs of processin, the 2ruiicatian. DCW1 hg-2 =_=ovation and Fill Inizu—marion DCM lvg-3 UDiand DevedOt)ment • A signed AEC hazard notice for Proie,^ts in /JLf1F `= SUL-ru'zures .information ocea noon- and inlet. are ;. Dr- h�-� P o� � DCI,� h�= `1°` and CulveK.s -5 h:�-ira :lwelopnent • A statement of compliance --W ronmental DoiicF A� fTt'.C.0 S tie N.C. N07a Plecsr sir. .� o t�S y ta7 C �. QQr �• l 10) If the proiw^t involve; the e�Pendirure of pubi, °fie`° Dr � o a funds or use of public :ands, ar�a�r. a statement documenting COmDiiance wit-, the Igor-,h Carol* �nvironmentaJl Poi.--v z _ MAR 14 2003 DIVISION OF COASTAL MANAGEMENT Rue. cz,9S Form DCM-.MF 4 STRUCTURES (Construction, within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys N' l rI Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial _Community_private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) N ' r� (1) Commercial _Community Private (2) Number - (3) Length 4 (4) Width (4) Width of water body , (5) Distance buoy(s) to be placed i�e3+ond (5) Finger Piers Yes No shoreline t (i) Number ; Y (ii) Length f. Moor, F u�g structure(boatlift, �worIagi�gs,etc(iu..) Widthf (1) Cocamercia! =Coir unity private _` t �L oA T (6) Platform(s) Yes No (2) Number / ri (i) Number 1 (3) Length ►Z � ������� = (ii) Length _ /C� (4) Width (iii) Width f (7) Number of slips proposed 3 g. Other (Give<onrplete descripran) (8) Proximity of structure to adjacent riparian property lines J ' (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse ('mcluding covered Iifts) N Jt9 (1) Commercial Private (2) Length (3) Width Applicant or Project Name c. Groin (e.g. wood, sheetpile, etc.) , N Signature (1) Number (2) Length(s) 3 �i Date d. Breakwater (e.g..wood, sheetpile, etc.) N JIq (1) Length 1L'd � J1d (2) Average distance from MHW, NWL or VE wetlands (3) Maximum distance beyond MHW, NWL or MAR 14 2003 wetlands DIVISION OF COASTAL. MANAGEMENT Revised 03195 ^vim 1WC1&V Akv btWYK Alr vc Z, j ThLiC. ��K `9 V .4rLA417,C ,o OCFAN V TOWN OF 7ORT4,e BEACH CANAL w2 ,Wr 70 SCALE I 6wr P46,F 25 L- - - - 70 L641W,,S Ch'AAN L --► R -R CrAc-FETE PAR !!Q'XJEN 6M,OrhEAO 6t�4RONkOL K -==-_-- _ N.3T"5830"W 60.UO' 1N3W3SV (500J JO NOI N b l S b w,�v Arw NOV RoarSI/�ICI Q COOZ +� �dW L0r 41 moOfaw � fA�rH.SLQ9LYt AFA V G�j AE/�1A�'S4,C BEACH M4P 6MW/0 P4GE 25 PE/ZER GY%W rJV REG/STRr O./24B ACRES 5,4.f4.2 50 Fr lOr q q MOCA'49 q T LO 40 BLOGY 49 � h � h h Z Q b S 39YJ930"E 630..Pt�' ,9ai,p . - — J S JR10930-E 60.00' GYO AVOW P IC A1Wr •E 5 4lliq.y A(CC..2 AIGNfSACW 75WM /999 nOj ro•R,GHr Or/Wr 90RYK AIiENUE ^ COLDWELL BANKER POSITION STATEMENT COLDWELL BANKER RESIDENTIAL CROUP'S POSITION Coldwell Banker will represent the seller as an agent for the seller when the seller lists a home with Coldwell Banker and another broker has been selected by the buyer. Coldwell Banker will represent the buyer as an agent for the buyer when the buyer has selected Coldwell Banker to assist in finding and purchasing a home listed by another broker; Coldwell Banker will represent both the seller and the buyer as a disclosed dual agent when a Coldwell Banker listing is presented, shown, negotiated or purchased by a buyer being represented by Coldwell Banker, unless the seller and the buyer have consented to enter into a Designated Agent Agreement, whereby both parties wish to maintain undivided loyalty from their respective agents as single agents, while the Broker continues to be a dual agent representing both the seller and the buyer with fairness and honesty. Simply said,we will represent the seller exclusively and represent the buyer exclusively, unless we are selling a Coldwell Banker listing, at which point we will disclose our dual agency or designated agent situation. For Over 90 Years. * Support You Can Count On. An Independently Owned and Operated Member of Coldwell Banker Real Estate Corporation MAP AXW/0 I 6tvr DOGE z5 PAR GiahY.RETE PL'R !KJMEN 6M A9WAO 6g4RONr/4L A'. —' — - N J7"5830"w (5.GO/ (5.00/ Af'W Jr�'YV PM°L�- i1FW A kW. PA°E LOT 4/ MOCA'4y FA°rH SUWKSAW OF ACW 7OR34t AF40/ MAP 6t t;W/0 M6E25 Q PENW OY wrr REO'/STRY Q 0./246 ACRES p� 5,-(34.2 SO. FT. 6YOCrh I L0T 40 B/_OrX 49 8 � W h I � h h 1N3 � ►, O NOISIA b1Sb'p0 � 1a �o �� 4' 6 ..R�• �_^moo.�y P,p�s- Li S 9940930"E 60..00, a0 ApavRo"£ AjGHT C�NWy 5 q I�y AlGC,.S, AIG11M.filR�NT X+ 'YA"'/95LA O FO'Rr,HT Or Nl9Y f�ORYK AVENUE ,71R%EY OFAROPFRTY IXW ✓�'/�`il`CLAF,�'and W//e C4r11Y CLAPP /Or 4e MOr.A'49 F/f TH SU90/l1/S.rJVV OF NFAV 7L;P.54.0 6 1 ACN 7041AI OF 7(7P34,C BFAC.'/ 7I "!Vt 7VA(W567,' PEAVFR OYXINTy AArWrH C4RCL'X4 SC4LE / 2t7' ✓AA"RY/7, 2001 GRAPfAC SC41E .A.'#WA. AFNSOAf.R PROrESSA':1WZ LAAV SeRPF W /56.70 a S /dCHAWr17 HAAO''STEAO, AlW711 C4AUZ N4 .?R447 _ y To: Coldwell Banker George T. Decker Client Re: Coldwell Banker Online, Realtor.com, Pre connects.com an Bi ghamton MLS Coldwell Banker ONLINE, a publicly accessible Internet Servic e World Wide Web; Pressconnects, Realtor.com, and Binghamton MLS - Internet Service Providers under agreement with the Broome County Board Of Realtors has been explained to me by my Coldwell Banker agent, noI give Coldwell'Sanker George T. Decker Real Estate my Property owners) permission to submit information on my property located at initials to Coldwell Banker ONLINE and coldwellbankergtd.com for advertising on the Internet. I understand the complete address of my property, color photo, and full description will appear. I give Coldwell Banker George T. Decker Real Estate my Property owner(s) permission to place the information about my property through the initials Broome County Board of Realtors MLS, PressConnects.com& Realtor.com. 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County ,- GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner Z37p�� GIII��p Address �� DrY K ��1Pv►uP To,�Sa;113ea�_l,, nl G �8y�.s Telephone No. ' Size and Location of project (water body, road name/number, town, etc.)_ 54r I1� LCX n C u ��l7/�M 461 M V1r�P cn y� 'S 'ON h TD D4o I �S I fA� �V , t ,i r►co U b4ry �a t tvtP I -To1gSQ i ( I� t. Description of Activity aZEI'Dw Applicable Law: Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) _Section 10(River and Harbor Act of 1899). Authorization:GP L91 OO6�Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State,or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 6 - /;� -03 Corps Regulatory Official Telephone No. 4 S U Expiration Date of Verification SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW(FILE)COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: John Clapp County: Pender LOCATION OF PROJECT: 121 Boryk Avenue, Topsail Beach,NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: May 1, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Steenhuis DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 2'50-W PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: S�ol$lo'�j ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: C�I,500% ON: 5 '�(-03 C) 75 DAY DEADLINE: -11151-S 150 DAY DEADLINE: MAIL OUT DATE: 1--7 STATE DUE DATE: S FEDERAL DUE DATE: FED COMMENTS REC'D: a I11�o3 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative (i Coastal Management-LUP Consistency 5 $� Division of Community Assistance q`J3 ✓ Land Quality Section Division of Water Quality 5 4�p3 ✓ Storm Water Management(DWQ) State Property Office V Division of Archives&History 5 a 3lD'3 Division of Environmental Health Division of Highways ' 3�j i ✓A Wildlife Resources Commission 5 19 Division. of Water Resources r Division of Marine Fisheries Submerged Lands(DMF) AEC, ua Nv+, (Ad s► 1 -(�(o� Permit# —03 DCM Coordinator: S+l MAILING DISTRIBUTII�ON: Permitee: l LVP Agent: DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: John Dorney John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) FAXING DISTRIBUTION: Permitee at N Agent at N A DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker Updated as 2128/03 ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne Habitat Conservation Program DATE: May 16, 2003 SUBJECT: CAMA/Dredge& Fill Permit application for John Clapp, 121 Boryk Ave., Topsail Beach, Onslow County, North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on May 13, 2003. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to remove a damaged section of dock and add a second boatlift and a floating dock to his existing pier near the mouth of a canal leading to Banks Channel and Topsail Sound. Area waters are classified SA and open to shellfish harvest. The project would incorporate an additional 284 sq. ft. of public trust estuarine waters. We are unsure as to whether the increased dockage space will contribute to a shellfish closure. Also, elevated turbidity is expected during construction. Based on these concerns, we recommend the following conditions to permit issuance. 1. The increased dockage space shall not cause a shellfish closure. 2. Work will avoid the April 1 to September 30 period of peak biological activity or be contained within a turbidity curtain. Thank you for the opportunity to comment If you have questions, please call me at (252) 522-9736. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 9 Fax: (919) 715-7643 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 5, 2003 RECEIVED MEMORANDUM MAY n 7 2003 TO: Mr. Charles F. Stehman, P.G., Ph.D. Division of Water Quality/Groundwater Section DKOFCOASTALMANAGDAENT RALEW FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Clapp Project Location: 121 Boryk Avenue, Topsail Beach, NC, Pender County Proposed Project: To remove a damaged dock section and add a second boatlift and a floating dock to his existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254 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 6 -6- 11 127 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 I( f . 10-2 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 5, 2003 MEMORANDUM � r L; TO: Dan Sams for: Mr. James Simons, Director MAY 1 5 2003 Division of Land Quality 01V.OFGOASTALMANAGEMrENT RALE1QH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Clapp Project Location: 121 Boryk Avenue, Topsail Beach, NC, Pender County Proposed Project: To remove a damaged dock section and add a second boatlift and a floating dock to his existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254 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. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. -)p - SIGNED DATE MAY9 Zoa3 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 i y [\\ Lp 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 7,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office MAY 2 7 2003 Department of Administration ."V.CFCpASI` MANAGEMENT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN CLAPP PROJECT LOCATION: 121 BORYK AVENUE, TOPSAIL BEACH, NORTH CAROLINA. PROPOSED PROJECT: REMOVE DAMAGED DOCK SECTION AND ADD A SECOND BOATLIFT AND A FLOATING DOCK TO HIS EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE S 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MAY-30-2003 07:20 JACKSONVILLE DISTRICT 910346eO30 P.02 019 1 MAY 1 4 2003 *AA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael E, Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary .May 7, 2003 MEMORANDUM TO: 'Mr. Roberto Cilnales State Construction/Materials branch ]division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: LAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN' CLAPP PROJECT.LOCATION: 121 BORYK AVENUE, TOPSAIL BEACH, NORTH CAROLINA. PROPOSED PROJECT: REMOVE DAMAGED DOCIC SECTION AND ADD A SECOND BOATLIFT AND A FLOATING DOCK TO HIS EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. Whe.ii appropriate, in-depth comments with supporting data is requested. REPLY 'Ehis agency has no of jection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the reconi,nended changes are incorporated. Th' agen y objects t the project for reasons described in tth attached comments, SIGNED �� ♦ DATE a �3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone- 919-733-2293\FAX: 919-733-14951 Internet: http://dcm2,enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Tf1T(ll D r1.'7 MAY j NCDENR 2003 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 5, 2003 MEMORANDUM RECEIVED TO: Ms. Noelle Lutheran JUN 0 3 2003 for: Mr. Alan W. Klimek, P.E., Director Division of Water Quality DtV.OFCOASTAL MMW29W FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Clapp Project Location: 121 Boryk Avenue, Topsail Beach, NC, Pender County Proposed Project: To remove a damaged dock section and add a second boatlift and a floating dock to his existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254 When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed.4- 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 f,)_A, r DATE A -2-0�3 127 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 RECEIVED MAY 2 3 2003 NCDENR North Carolina Department of Environment and Natural ResouNsPFCOASTAL T Division of Coastal Management FU►LL9QH Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 7,2003 W03-- 1342 MEMORANDUM 10 TO: Ms. Renee Gledhill-Early, Director MAY 8 2003 Division of Cultural Resources Archives & History Building MTOPJCPREEMAT{tN OM ;,ya FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW w f APPLICANT: JOHN CLAPP PROJECT LOCATION: 121 BORYK AVENUE, TOPSAIL BEACH, NORTH CAROLINA. PROPOSED PROJECT: REMOVE DAMAGED DOCK SECTION AND ADD A SECOND BOATLIFT AND A FLOATING DOCK TO HIS EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. agency ob'ects to the project for reasons described in the attached comments. SIGNED f DATE d3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us MAY 20 4 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper L C�03 D EOVE A 10M Al- NCDENR North Carolina Department of Environment and Natural Res t. ws-_HABITAT PROTECTION Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 5, 2003 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Clapp Project Location: 121 Boryk Avenue, Topsail Beach, NC, Pender County Proposed Project: To remove a damaged dock section and add a second boatlift and a floating dock to his existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254 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 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 A14 ,rA ( S-3L) WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 7, 2003 MEMORANDUM RECEIVED TO: Bennett Wynne MAY 1 g Z0UJ Wildlife Resources Commission ATTN: Habitat Conservation Program DIV.Or.COASTAL MANAGEMENT RALF-ICIH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN CLAPP PROJECT LOCATION: 121 BORYK AVENUE, TOPSAIL BEACH, NORTH CAROLINA. PROPOSED PROJECT:REMOVE DAMAGED DOCK SECTION AND ADD A SECOND BOATLIFT AND A FLOATING DOCK TO HIS EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. This agency objects to the project for reasons described in the attached comments. SIGNED � �"""" '-"'��.. DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http:lldcm2.enr.state.nc.us 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 Donna D. Moffitt, Director William G. Ross Jr., Secretary May 5, 2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Clapp Project Location: 121 Boryk Avenue, Topsail Beach, NC, Pender County Proposed Project: To remove a damaged dock section and add a second boadift and a floating dock to his existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254 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 'Z, DATE 5 5 2C�D3 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 V� _4b- :� 0 . 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 5, 2003 MEMORANDUM RECEIVED TO: Ms. Melba Laney MAY 0 4 2003 for: Mr. William A. McNeil, Director DIY.OF COASTAL MANAGEM WT Division of Community Assistance MEW FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Clapp Project Location: 121 Boryk Avenue, Topsail Beach, NC, Pender County Proposed Project: To remove a damaged dock section and add a second boatlift and a floating dock to his existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project,please contact Joanne Steenhuis at Ext. 254 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 6 �H o 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 WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 7, 2003 g D U [MAY 12 2003 r, MEMORANDUM TO: Linda Sewall, Director SHELLFISH SAN+TAT!nN Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN CLAPP PROJECT LOCATION: 121 BORYK AVENUE, TOPSAIL BEACH, NORTH CAROLINA. PROPOSED PROJECT: REMOVE DAMAGED DOCK SECTION AND ADD A SECOND BOATLIFT AND A FLOATING DOCK TO HIS EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY 2�.d3 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. This agency objects to the roject for reasons described in the attached comments. xv SIGNED DATE / O 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AL ,'a NCDENR MAY 7 2003 North Carolina Department of Environment and Natural Resources aNsOY OF Division of Coastal Management 'WATER MMRCES Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 7, 2003 MEMORANDUM TO: Mr. John Sutherland, Chief JUL 0 8 2003 Water Planning Section a e�� I Division of Water Resources RA FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN CLAPP S I-(D3 PROJECT LOCATION: 121 BORYK AVENUE, TOPSAIL BEACH, NORTH CAROLINA. PROPOSED PROJECT: REMOVE DAMAGED DOCK SECTION AND ADD A SECOND BOATLIFT AND A FLOATING DOCK TO HIS EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 28, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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 recoinrnended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ✓�16)3, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper RECEIVED MEMORANDUM MAY 0 8 1Uuj TO: Doug Huggett DIV.IF COASTAL ftAONENT Major Permits Processing Coordinator RALB&I FROM: James E. Rosich, AICP Wilmington District Planner SUBJECT: CAMA Major Permit Application Consistency Determination: John Clapp—Town of Topsail Beach, Pender County DATE: May 5, 2003 The applicant is proposing to remove a damaged dock section, and add a second boatlift and floating dock. The project site is located at 121 Boryk Avenue, and fronts a manmade canal adjacent to Banks Channel/Topsail Sound. According to the Division's Field Investigation Report, the following Areas of Environmental Concern (AECs) will be impacted: Public Trust Area, Estuarine Waters and Ocean Hazard Area. Waters at the site are classified SA, and are open to shellfishing. Waters at the site are not designated as a Primary Nursery Area (PNA). This development proposal has been reviewed for consistency with the Town of Topsail Beach Land Use Plan 1990 Update. The land classifications for this site are Developed —Constrained Low-Density Residential/Supporting Services (upland portion of site) and Conservation — Marshlands (above listed AECs). The purpose of the Developed classification is to provide for continued development and redevelopment. The purpose of the Conservation classification is to provide for the effective long-term management and protection of significant, limited or irreplaceable areas. The Conservation-Marshlands sub-classification, which includes Estuarine System AECs, is intended to implement the LUP's Estuarine System policies. Although the project is located within the Inlet Hazard Area of New Topsail Inlet, none of the Ocean Hazard AEC policies are applicable. The following LUP policies are applicable to this project: Estuarine Waters--Appropriate uses may include simple access channels, structures which prevent erosion, navigational channels, boat docks, marinas, piers and mooring pilings. Public Trust Area—Uses that may be allowed in Public Trust Areas shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Examples of such uses include the development of navigational channels or drainage ditches, the use of bulkheads and groins to prevent erosion, the building of piers, docks or marinas. This project appears to be consistent with the LUP provided all local, state and federal regulations are met. cc: Charles Jones, DCM Joanne Steenhuis, DCM Peter Mack, Topsail Beach File �OF W ATFRQ Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary 6 North Carolina Department of Environment and Natural Resources r > =1 Alan W. Klimek, P.E., Director p Division of Water Quality Wilmington Regional Office April 15 , 2003 Mr. John Clapp APR 2 5 2003 121 Boryk Topsail Beach,NC 28445 DIVAFWWAM IIt T Subject: EXEMPTION Stormwater Project No. SW8030408 John Clapp Boat Lift & Dock Pender County Dear Mr. Clapp: The Wilmington Regional Office received a copy of the CAMA Major Permit Application to construct a boat lift and dock on April 1, 2003. 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. Linda Lewis at(910) 395-3900, Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\CAMA\030408.Apr. cc: Jim Gregson, DCM Jimmy Canady, Pender County Inspections Doug Huggett, DCM Wilmington Regional Office Central Files .h 9 DENR N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 (910)395-3900 Fax(910)350-2004 Customer Service 800-623-7748 fppe--� c DCM% DWQ o0 (14300160143510D09316256253) (2430016024351000952341) 1. Private,non-commercial h � development that does not involve y� the filling or excavation of any S250 100,0(S250) 0%($0) wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or open 5400 100%($400) 0%(SO) water areas: Ill. 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: 111K For Private,non-commercial development,if General water Quality Certification No.3301(see attached) S2oD 10D%(5250) can be applied: D%($0) 11103): For public or commercial development,rf General water Quality Certification No.3301(see attached) S4D0 10D%(S400) can be applied: III(C). If General Water Quafity Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S400 60%(5240) written DWQ concurrence is needed 40%(S160) because of concerns related to water quality or aquatic life: Ill(D). If General Water Quality Certification No.33D1(see attached) $400 60;;(S240) can not be applied: 40%($160) IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or S475 6D%(S285) 4D,o(St9D) open water areas: Q GA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 2, 2003 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice -John K. Clapp Dear Ms. Blake: Please publish the attached Notice in the Wednesday May 7, 2003, 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 Chris Pope,Division of Coastal Management, 1638 Mail Service Center,Raleigh,North Carolina 27699- 1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, ana B. Nash Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope 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 e 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 March 14, 2003. According to said application, John K. Clapp, 121 Boyrk Avenue, Topsail Beach, NC, 28445, adjacent to man-made canals, propses to remove a damaged dock section and add a second boatlift and floating dock to his piea. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director,Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to May 28, 2003, 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. AA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 2,2003 Mr. John Clapp 121 Boryk Avenue Topsail Beach,NC 28445 Dear Mr. Clapp: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at 121 Boryk Avenue, Topsail Beach, adjacent to the man-made canals to Banks Channel/Topsail Sound,Pender County. It was received as complete on May 1, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 15, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. Sincerely, Joanne Steenhuis Enclosure Field Representative pXCEIVED cc: Doug Huggett MAY 0 6 2003 Jim Gregson Henry Wicker, COE .�Cp�7A1.MANAGEINT Form to Be Used if Sending by US Postal Certified Mailing ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to is nn (Name of prope owner.) property, located at a o�X�l yl� (Legal description and/o street address.) on kemlS l , in Topsail Beach,N.C. (Affected waterbody.) I have reviewed the site plan/survey and/or descriptive drawing(s) for the project being proposed, at the above noted location, and have no objections to this proposal. (Signature) (Mailing Address) JoS (Print or Type Name) (Address) (Telephone Number) Attachments; Current site ularJsur<,,ey or drawing of proposed project& copy of permit. ECEIVE MAR 14 2003 DIVISION OF COASTAL MANAGEMENT Page 1 of 1 SENDER: COMPLETE THIS SVTION+ COMPLETE THIS SECTION nNDELIVERY ■ Complete items 1,2, and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. XPVa El Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. a e� ( r e ame) e of Delivery ■ Attach this card to the back of the mail piece, or on the front if space permits. D. Is delivery address differe om item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No -5�- Ps/t, ;b3 c..-U1-y GI ab Qd, 3. uice Type ��st�LP 6ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Art' 7001 1140 0003 9139 3370 ��� ((rs t PS Form 3$11,August 2001 Domestic Return Receipt 102595-01-M-0381 F ENT SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION . ■ Complete items 1, 2, and 3.Also complete A igna re item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse 19 Addressee so that we can return the card to you. B. Re iv by(Printed'Na 4) c. ate of Delivery is Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 633y c ytw--d H�� Dl- Wf 4y\ 1 N(/ 3. ,S��eervice Type zl�901 lcertified Mail ❑ Express Mail /❑ Aegistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7001 1140 0003 9139 3400 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-0381 Monday Tuesday, Wed. Thursday Friday March 31, April 1 April 2 April 3 April 4 Caroline Office Oak Office/feel Office/feel Office/fiel Bellis Island d d d Diana Office Office Office Office Office Nash Ed Brooks James Rosich Janet Office/in Office or Holden Office/in Office Russell late flying Beach late Jason Dail Office field dentist open for office am. Off field pm Jim Office Sneads Bruns. leave leave Gregson Ferry With Charles Joanne Steenhuis Y BK1656PG163 6/2001 FENDER COUNTY NC 01/1 $360.00 �� r'� OF D r.CiS STCTE nF �IORp�HNA 'r' Real Estate Excise Tax Excise Tax $360.00 Recording Time, Book and Page Tax Lot No. 7W2 56................................... . ... ............... .. ... _ ......... Parcel Parcel Identifier No. R1.2.1.049 041 .... ..... Verified by .. . .. ... ....................... ..... . .. ............... County on the . . day of by .. .. . .. .. ... . .. . 11 Mail after recording t .W.•.JAMES.BRAN.DON,,,I54.18,US HIGHWAY„17,HAMPSTEAD, NC.28443 ....................................................................................................................... ..........................................._.. ... . ...... .. . .._............._. ..__ ...... ...... This instrument was prepared by W...JAMES.BRANDON, 15418 US HIGHWAY 17, HAMPSTEAD,NC 28443 . . . . . . ... ......_ . Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .....1.6th.... day of . ....... . ..._ ..._ J,antia.ry,.,. _ 20Q1. .., by and between GRANTOR GRANTEE HERSHALL M. BROWN and wife, JOHN CLAPP and wife, BERTIE BROWN CATHERINE CLAPP 1296 WOLF SWAMP ROAD 62 SCHOFIELD ROAD JACKSONVILLE,NC 28546 CONKLIN,NY 13748 MAR 14 2003 DIVISION OF COASTAL MANAGEMENT Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. 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 and 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 BEACH. I Topsail ....... ... Township, ..... .''....., ,,PENDER., ......... . County, North Carolina and more particularly described as follows: Being all of Lot No.41 in Block 49 of the 5th Subdivision of New Topsail Beach as shown on a map recorded in Map Book 10 at Pages 24 and 25 of the Pender County Registry,reference to which is hereby made for a more particular description. UC�x'ca. f t( ,�0,C." N.C. Bar Assoc. Form No. L-7 t 1976, Revised 1977. NCBA001 ()ftl�l O� BKI656PG164 The property hereinabove described was acquired by Grantor by instrument recorded in .............................................................. Book...62.5....a.t...Pa.ge...268....of...the...Pender...Count.y....Regis.ry County...RPg.is.t.ry............................................................................. A map showing the above described property is recorded in Plat Book ......... ..10.................... pages....2.4 ­&...25 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, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for 2001 and subsequent years . General utility service easements and rights of way of record. Restrictions of record. ECENE MAR 14 2003 DIVISION OF IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has causeA�(�lg }p� pre9�"e *1%gWT corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of its Boar L tNVI/�b�Irtnw above written. J/ �f f/� � ------------------------------------------------ -------- IKY L G_- �d-�-� C- ` -- ---- (SEAL) (Corporate Name) x HER�HALL M. BROWN w J - r By: ----------------------------------------------------------- Wi M ! 1L-�L:� -- "- - --(SEAL) x BERTIE BROWN _________________President ~ ATTEST: U -_(SEAL) a --------------------------------------------------------------- as w ____________________________Secretary(Corporate Seal) r4o ] ---- - - -- - - - -------(SEAL) NORTH CAROLINA, ------------County- S `f at I, a Notary Public of the County and State aforesaid, certify that HERSHALL_M,_$R9YYI�J_aocLl�cifE,_____ �OTAA p BERTIE BROWN ------ ______________________________ Grantor, -------------------------------- ....�.. � personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my A G 16th Janua 2001 Ug�1 p hand and official stamp or seal, this -_---_-- day of -------------------- ry---------------- ------ C4_1 cou �`• My commission expires:� C,fx�l ��_� � ------ -S----- g-- --�---- -- ------------ Notary Public SEAL-STAMP NORTH CAROLINA- ----------------------------------County. I, a Notary Public of the County and State aforesaid, certify that __________________________________________ y personally came before me this day and acknowledged that ____ he is ___________________________ Secretary of is ,______________________________________________________ a North Carolina corporation, and that by authority duly V � given and as the act of the corporation, the foregoing instrument was sinned is its name by Its _______________ M President, sealed with its corporate seal and attested by ___________ as its ___________________________ Secretary. D Witness my hand and officiai stamp or seal, this -------day of --------------------------------------- My commission expires: ------------------------------ ---------------------------------------- Notary Public The foregoing Certificate(s) of --------- - -- ------- -- -------------- --- ---- -- --- -- - -- ---- -------------------------- is/are certified to be correct. This instrument and this certificate are duly registered at the date and time a in t Book and Page shown on the first page barest. 10YCE M. SWICEGn(� ----- ------- ------------------------------QQR --------- ----REGISTER OF DEEDS FOR --- -- - - -- ----COUNTY By ______ ___ _ __ _ _ - _ /Assistant-Register of Deeds N.C.Bar Assoc.Form No. L-3®1976,Revised©1977 NCBA 001