20011705 Ver 1_COMPLETE FILE_20011120

MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: R Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Oak Island County Brunswick
Project Number 01 1705 County2
Recvd From DCM Region Wilmington
Received Date 11/20/01 Recvd By Region
Project Type pier & dock
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA F_ P-770- N F__ IS-25 SA HQW 30,759. F F_ F__
?-
r r?rrr
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
No 401 needed.
cc: Regional Office
Central Office Page Number 1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
7.
1. APPLICANT'S NAME: Town of Oak Island

2. LOCATION OF PROJECT SITE: South end of 20th Street SW adjacent to Davis Canal on Oak
Island, Brunswick County
Photo Index - 2_M Photo 8-70 gr G,H,13,14 ,1M Photo 8-75 gr P,20
IM: Photo 4 185 10 gr B,15,16
State Plane Coordinates - X: 2248501 Y:63082
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -August 14, 2001
Was Applicant Present - Present at prior meeting
5. PROCESSING PROCEDURE: Application ReceivedComplete- October 31, 2001
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Oak Island 2000
Land Classification From LUP - Developed Residential
(B) AEC(s) Involved: PT,EW,ES,CW
(C) - Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A 7C
(F) Type of Structures: Existing - Old remnant boat ramp
Planned - Pier and floating dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands 120 sq. ft.
Coastal wetlands-Shaded
(B) Highground AEC 270 sq. ft.
(C) Other 312 sq. ft.
Open water-incorporated-
(D) Total Area Disturbed: 702 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 6 X 65 ft. elevated pier with a
12 X 16 ft. floating dock at the waterward end and a 6 X 20 ft ramp at the landward end.
Page 2
Cheryll Coleman, Town of Oak Island
9. PROJECT DESCRIPTION
The project site is located at the south end of 20th street SW adjacent to Davis Canal on Oak Island in
Brunswick County. The lot is actually a 60 foot wide street end owned by the Town of Oak Island with
an elevation of approximately four feet above mean high water. The only present structure on the lot is
an old remnant boat ramp that is currently overgrown with wetland vegetation. Coastal wetlands on the
lot consists of an approximately twenty-foot wide fringe of Spartina alterniflora and Spartina patens along
the waterward boundary of the lot. The lot also contains Sea Oxeye, Wax Myrtles, Wild Grape vines and
several other highground grasses and shrubs.
The Town of Oak Island Land Use Plan classifies the area as Developed Residential. The adjacent waters
of Davis Canal are classified as SA waters by the Division of Environmental Management. They are
classified as Primary Nursery Area by the Division of Marine Fisheries but are closed to the taking of
shellfish.
The applicant proposes to construct a 6 X 65 ft. pier elevated over the coastal marsh to open water. The
pier would begin on high ground approximately midway of the shoreline boundary but would angle to
the east at mean high water in order to remain within the riparian corridor and inside the fifteen foot
setbacks. The applicant is also requesting a 16 X 12 ft. floating dock at the waterward end of the pier
which will be accessed by a four foot wide ramp. The floating dock is proposed to provide docking for
three boats. All structures and pilings are proposed to extend no more than 1/4 the width of the
waterbody. The applicant is also proposing a 6 X 20 foot ramp extending from the elevated landward end
of the pier.
The project has already met with strong opposition from adjacent and nearby neighbors. The application
has been submitted and withdrawn, placed on hold, and/or revised several times due to controversial
issues involving the project. Because of the controversy associated with the project and the number of boat
slips requested, it has been deemed necessary to obtain a major permit. The applicant was required to
advertise the proposed project in the local newspaper in lieu of unobtained signed certified mail green
cards from adjacent neighbors.
10. ANTICIPATED IMPACTS
The proposed structure would incorporate approximately 270 square feet of highground estuarine
shoreline Area of Environmental Concern and 432 square feet of estuarine and public trust waters. The
pier would shade approximately 120 square feet of coastal wetlands, but if elevated sufficiently, should
not result in any long-term adverse impacts. The project as proposed meets the 1/4 rule, does not extend
further waterward than piers on nearby lots and totals only 192 square feet of dock space.
Although the project has met with heavy opposition from some nearby neighbors, it does not exceed the
dimensions nor scope of rules and regulations as set forth in 7H. 1200 for private non-commercial piers
with the exception of the request for*three boat slips. Of the objections submitted, the absence of a copy
of the deed appears to be the most potentially justifiable objection. However, the mayor of Oak Island
has submitted a letter which proclaims all street ends in the Town of Oak Island as public property as
provided by North Carolina General Statutes.
Submitted by: Jerry A. Parker Date: November 5, 2001 Office: Wilmington
' Form DCM-MP-1
APPLICATI ON
[,7'7i
(To be completed by all applicants)
1. APPLICANT

a. Landowner:
Name o W )?! Z>'p D f}iC S?a..
Address OAC -tS/6mr/ J7?.
City 0,4 - ?SLAt State ?• C.
rlYo-Z7$-
Zip Zg`??S Day Phone
Fax 91o - 278 - y 4 y/
b. Authorized /Agent: ?y
Name I!'1 t?.u // (moo 1t,bsdW
Address aX Z Z Z
City State A/. C,
J Av
b. City, town, community or landmark
1 At =11441VZD
c. Street address or secondary road, number
d. Is proposed work within -city limits or planning
jurisdiction? t? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) _2W !JIS C&AII_
i
3. DESCRIPTION AND PLANNED. USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. '
Zip 4-5 Day Phone 91D - 11y3 b. Is the proposed activity maintenance of an existing
project, new work, or both? Il tJ
F. 9/0 - zSd -30 $9P
c. Project name (if any) -0 S77
io n !7 04e
NOT: Peradt will be issued in mare of Lw%dawwr(x), =&1or
projecr name.
2. LOCATION OF PROPOSED
PROJECT
a. County i 4e4 CS /??
c. Will the pro. t be for public, private or commercial
use? ?L7,6L/C
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
projec;. If more s ace is needed, please attach
additional pages. ?G1G'0bSR_ pf"
Rl C-4 if F_1=A-1)Acs 7) o eve.'_
Z41 b ' VV4 .?6/.` c .4 c?rssa /vv ES Q
?.u ,a. ECS
C o ,c C<
c'7 C i o : ed
Al- '4'q Aei,
a S
Rer'sed 03/°5
Form DCM-MP-1
4. LAND AND RATER
CHARACTERISTICS
m. Describe existuig?tewater treatment facilities.
4? C> 11a. Size of entire tract Za .Slitexr

b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL ? y ' •
d. Soil t ypeand ?ezture(s) of tract
e. Vegetation on tract
!?Da s m h
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) IYOA!L
o. Describe existing drinking water supply source.
f. Man-made features nQow on tract 5. ADDITIONAL fNFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
In addition. to the- completed- application form, the
following items must be submitted:
Conservation Transitional
_ - Developed , Community
Rural Other
h. HoDw isst tract zoned by local government?
L Is the proposed project consistent with the applicable
zoning? _? Yes No
(Attach :onin:g compluaser crrrif?cate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes ,?_ No
If yes, by whom?
k. Is the project .located in a National Registered
Historic District or' does it involve a National
..Register listed or eligible property?
.Yes_ No
1. Are there wetlands on the. site? ,ZYes No
Coastal (marsh) __?Other ,
L„ If, yes, has s-a delineation been conduct 1
?
ij.
(. nadh documentadoi4 rf avm/able) E ?. L A \>
/
copy or the deed (with state application only) or
/ other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project. ,
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8. 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.) -
Plesse note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
rei:t ffements and. it must be sufficiently detailed to
guide ;o ?ncy personnel urifamiIiar with the area to the
J?J S 2001 I
i:: MSiON Or
COAS I AL MANAGEMENT

Form DCh1-;vIp-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• Stormwater Certification, if one is necessary.
• 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Ti{ldr2?Pr? `4?11iC?
Address Za T
Phone
Name /1 ewy ax aB/nCSa?
Address ?2 S'2 `7 S. ?AGF_ LU/1T?+e
Phone F'LL a 11? w ; [ l -P nC• C r
Name
Address
Phone
A ?Iist or previous state or federal permits issued for
work on the project tract. Include permit numbers,
permirtee, and issuing dates.
/C
A check for $250 made payable to the Department of
Environment, Health, and. Natural Resources
(DEHNR) to cover the costs ''of processing the
application.
XA signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement' of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Rrvitrd 01!0`7
6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. 'Ile project will be subject to conditions
and restrictions contained to the permit.
I certify that to the best of my knowledge,- the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program 'and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of
1??-°° r
Print Name ('-V Gv` C o `e %,n, g.?
Signature
Landowner or Aw r.;ed ,!gent
Please indicate attachments pertaining to your proposed
proj e^t.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP= Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-5 Marina Development
NOT t:: Please sign and dare each arrachment in the
space provided at the borrom of each form.
? or
C?ASTAL ?itlUGcfliiPNIT
Form DCM-M -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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) Commercial Community _ Private
(2) Number
(3) Length (o S
(4) Width lc
(5) Finger Piers Yes _ ZNo
(i) • Number
(ii) Length
(iii) Width N l+
•(6) Platform(s) Yes No
(i) Number l 17/04,NNz lWC/z--
.(ii) Length 1 Z' X l1
(iii) Width
(7) Number of slips proposed
(8) proximity of structure -t4 adjacent riparian
property lines
(9) 'Width of water body 2?0
••(10) Water depth at wat-rward end of pier at
. MLyV or NWL 5 "f-
-b. Boathouse 0 luding covered lifts)
(1) Commercial Private
(2) Length A) fk
-(3) Width
c. •Grom•(e.g. wood, sbe., il, eu.)
:(1) Number

• ••d. Breakwater (e.g. woo, swtpile, etc.)
(1) Length
(?) Average distance om MrIW, NWL or
d
l

(3) an
s
wet
Maximum distance b? and MHW. NVArL or
wetlands _tJ
e. Mooring buoys
(1) Commercial _Community _ Private
(2) Number -r) har
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body 01
(S) . Distance buoy(s) to • be placed beyond
shoreline 11 1?
T
f. Mooring stricture (boatlift, mooring pilings, etc.)
(1) Commercial C mmunity _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give eompleu description)
e D0,V- ?s
Appli or PYvj/ect T2ttme
Signature ,3 D o
Date
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SHOWING THE STREET END OF S.W. 20t6 STREET,
ELEVATIONS AND LOCATION OF MARSH LINE
-0.87 ACROSS DAVIS CANAL

EDGE OF • -0.45 OAK ISLAND NORTH CAROLINA
SMITHVILLE TOWNSHIP
`
MARSH
\ BRUNSWICK COUNTY
SCALE 1' - 50' OCTOBER 20th, 1999
JOB NO: 990350 FIELD BOOK: FILE
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