20070951 Ver 1_CAMA Permit Application_20070530

2 0 0 7 0 9 5 1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 29, 2007
MEMORANDUM: Eppy ' iiU(
TO: Cyndi Karoly, Supervisor
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review (Major Mod.)
Applicant: Whiskey Creek Overlook, LLC c/o Charles Taylor
Project Location: 231 Trails End Rd., adjacent to Whiskey Creek, in New Hanover County
Proposed Project: construction of 10 condominiums, a docking facility and associated amenities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 21, 2007. If you have any questions regarding the proposed project, contact Robb
Mairs at [phone], 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: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Whiskey Creek Overlook, LLC c/o Charles Taylor
2. LOCATION OF PROJECT SITE: 231 Trails End Road, adjacent to Whiskey Creek, New Hanover County.
Photo Index - 2006: 22-7420, 21, I-J 2000: 21-265, 9-10,M 1995: 21-248 13-14, L-M
State Plane Coordinates - X: 2344051 Y: 150972
Latitude: 34°09'33.75678"N Longitude: 77°51'46.12378"W
3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-050915A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/9/06
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - completed 5/4/07
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - N/A
(F) Type of Structures: Existing - Vacant lots, private pier and floating dock
Planned - Expansion of authorized community dock to a 7-slip facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Low Marsh)
(B) Non-Vegetated Wetlands
(Open water) incorporated
834 s q. ft.
(C) Other (High Ground)
(D) Total Area Disturbed: 834 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is requesting a Major Modification to their existing State Permit
#199-06 to expand an authorized private community dock into Whiskey Creek, which would accommodate 7 new
lots within the Whiskey Creek Overlook subdivision.
Charles Taylor, Whiskey Creek Overlook, LLC
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 231 Trails End Road, adjacent to Whiskey Creek, in New Hanover County. To locate
the property traveling south on College Road, take a left onto Mohican Trail and travel approximately 1.3 miles.
Turn left onto Masonboro Loop Road and travel north approximately I mile. Turn right onto Trails End Road and
travel east for approximately 0.2 miles and until you reach the property of interest located on the left. Existing
structures on the property include a gravel driveway and an abandoned two story single-family house overlooking
Whiskey Creek. The property has approximately 600 feet of shoreline and averages approximately 15' above mean
sea level. Highground vegetation of this tract consists of grasses and shrubbery. Other upland vegetation includes
mixed hardwood and other species including: Oak, Dogwood and Pine. Waterward of the highground towards
Whiskey Creek, the elevation of the property drops off substantially. The vegetation at this elevation transitions
into an area approximately 10-15' in width consisting primarily of Smooth Cordgrass (Spartina alterniflora).
There also exists a narrow band of Smooth Cordgrass (Spartina alterniflora) approximately 40' in length by 10' in
depth located on the western side of the existing pier. Waterward and surrounding the low marsh are several areas
of oyster reefs visible in the mud flat at low water. An existing walkway runs down the steep bank and leads to an
existing private pier. The pier terminates into an "L-head" platform with floating docks located on the northern
side and eastern side of the platform.
The applicant received State Permit # 199-06 on 12/7/06 that was modified on 4/3/07 due to objections from
concerned residents on navigational issues for the proposed structure within Whiskey Creek. The objections were
withdrawn based on an agreement for the modified location of the community dock to not exceed the distance of
the existing private pier located on the property, adjacent to the established channel of Whiskey Creek. The
dismissal letters were dated received in the Morehead City Office on 2/22/07. Amended State Permit # 199-06
authorized a pier to extend into Whiskey Creek a distance of 84' in length by 6' in width. The access pier then
terminates in a platform 54' in length by 6' in width, which runs parallel to the shoreline and the established
channel of Whiskey Creek. Two finger piers 22' in length by 3' in width are authorized to extend from the
platform, approximately 25' apart with four boatlifts 12' in length by 12' in width installed, one on each side of the
finger piers. The amended location addressed the navigational concerns of the concerned residents of Whiskey
Creek by maintaining the location of the existing private dock on this property. State Permit # 199-06 authorized
up to four (4) vessels for the community docking facility.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high
ground portion of the project area as Resource Protection. In the project area, the waters of Whiskey Creek are
classified as SA by the NC Division of Water Quality, and they are CLOSED to the harvest of shellfish. These
waters are designated as a Primary Nursery Area (PNA), by the NC Division of Marine Fisheries.
PROPOSED PROJECT:
The applicant is requesting a Major Modification to their existing State Permit # 199-06 to expand an authorized
private community dock into Whiskey Creek, which would accommodate 7 new lots within the Whiskey Creek
Overlook Subdivision. The authorized "T-head" platform would be expanded a distance of 45' in length by 6' in
width in an easterly direction. Two additional finger piers 22' in length by 3' in width would extend from the new
platform towards Whiskey Creek approximately 25' apart with three boatlifts 12' in length by 12' in width
installed, one on each side of the finger piers. The application states that the boatlifts would be mechanically and
electrically configured as previously proposed for the authorized boatlifts to prevent the cradles from touching the
substrate (See Hydrographic Survey dated received 5/4/07).
The application states that the appropriate Special Use Permit through the New Hanover County Planning and
Zoning was approved for the expansion for the community dock.
Charles Taylor, Whiskey Creek Overlook Subdivision
Page 3
10. ANTICIPATED IMPACTS:
The proposed expansion of the authorized community dock would incorporate an additional 834 sq. ft. of Public
Trust Area and Estuarine Waters. Minor increases in turbidity should be expected during construction. The
proposed pier and platform would extend approximately 115' into a waterbody, which measures approximately 520
feet across on the eastern end of the property. This proposed distance would conform to the 1/4 width rule and
would not encroach into the 15' Setback Riparian Property requirement.
Submitted by: Robb L. Mairs Date: 5/24/2007 Office: Wilmington
231 trails end road, wilmington, ne 28409 - Google Maps
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DCM MP-1
APPLICATION for
Major Development Permit 0 7. 0 9 5 1
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant Landowner Information
Business Name
Whiskey Creek Overlook, Llc Project Name (if applicable)
Whiskey Creek Overlook
Applicant 1: First Name
Charles MI Last Name
Taylor
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
619 Caicos Court PO Box City
Wilmington State
NC
ZIP
28405 Country Phone No.
910 - 443 - 0567 ext. FAX No.
-
Street Address (if different from above) City State ZIP
Email
[e-mail]
2. AgentContractor Information
Business Name
Waterline Marine Construction And Consulting
Agent/ Contractor 1: First Name MI Last Name
Jim D Hundley
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
1646 Wrightsville Beach NC
ZIP Phone No. 1 Phone No. 2
28480 910 - 264 - 9977 ext. ext.
FAX No. Contractor #
910 792 0942 62058
Street Address (if different from above) City State ZIP
Email
[e-mail]
t..l 14
<Form continues on back>
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
New Hanover 231 & 235 Trails End Road
Subdivision Name City State Zip
Trails End Wilmington NC 28409-
Phone No. Lot No. (s) (if many, attach additional page with list)
- - ext.
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Whiskey Creek
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?Unknown AIWW
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes ®No work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
961 2.93
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 10 ®NHW or ?NWL
e. Vegetation on tract
Residential landscaping
f. Man-made features and uses now on tract
Old pier facility
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
R-15 (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
E. '`'EiV E n__
<Form continues on next page> 1., 4 . v'ILtNl1JN'(7101N) NG

Form DCM MP-1 (Page 3 of 4)
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.
County
o. Describe existing drinking water supply source.
County
p. Describe existing storm water management or treatment systems.
Surface Runoff
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose will be to provide safe access to Whiskey Creek for the future homeowners.
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.
Typical marine construction practices will be employed and material will be stored on site above MHW.
d. List all development activities you propose.
The proposed construction consists of the addition of 45' of access walkway leading to (2) additional finger piers to allow
access to (3) additional boat lifts.
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? 314 ®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.
Surface Runoff
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.
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<Form continues on back>
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
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) - (f) 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 Gregory Baccari Phone No.
Address 155 Trails End Road, Wilmington, NC 28409
Name REIS LLC Phone No.
Address 125 Hampton Pines Drive, Morrisville, NC 27560
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.
199-06
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 that the information provided in this application is truthful to the best of my knowledge.
Date 4/19/07
, LI?L
Print (Name Ji Hund ey
Signature
Please indicate application attachments pertaining to your proposed project.
MDCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
?DCM MP-3 Upland Development
®DCM MP-4 Structures Information

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.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
?Commercial ?Public/Government NPrivate/Community
?This section not applicable
b. (i) Will the facility be open to the general public?
?Yes NNo
c. (i) Dock(s) and/or pier(s)
(ii) Number 0
(iii) Length
(iv) Width
(v) Floating ?Yes ?No
e. (i) Are Platforms included? ?Yes ?No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ?Yes ?No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
3
(ii) Number of slips existing
4-permitted
i. Check the proposed type of siting:
? Land cut and access channel
?Open water; dredging for basin and/or channel
NOpen water; no dredging required
?Other; please describe:
k. Typical boat length: 18-20
m. (i) Will the facility have tie pilings?
?Yes NNo
(ii) If yes number of tie pilings?
d. (i) Are Finger Piers included? NYes ?No
If yes:
(ii) Number
(iii) Length 22, 22 ?S
(iv) Width 3 3 b
(v) Floating ?Yes NNo
f. (i) Are Boatlifts included? NYes ?No
If yes:
(ii) Number 3
(iii) Length 12
(iv) Width 12
h. Check all the types of services to be provided.
? Full service, including travel lift and/or rail, repair or
maintenance service
? Dockage, fuel, and marine supplies
? Dockage (beet slips") only, number of slips:
? Dry storage; number of boats:
? Boat ramp(s); number of boat ramps:
? Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open Runabout
1. (i) Will the facility be open to the general public?
?Yes NNo
R E C', E I V E

2. DOCKING FACILITY/MARINA OPERATIONS 0This 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?
1. If this project is an expansion of an existing marina, what types of services are currently provided?
R E C E I V F D
m. Is the marina/docking facility proposed within a primary or secondary nursery area? 0 C V'! VVIL.MING ( ,-' N. , !
??Yes ?No 0
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
?Yes ?No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
?CW ?SAV _ ?SB
?WL ?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 Ieaseholder(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 dripline dimensions.
4. GROIN (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):
?Commercial ?Public/Government ?Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
? CA1 `VV # !P-,.jGT0N.. NC

a. Proximity of structure(s) to adjacent riparian property lines
145' & 15'
b. Proximity of structure(s) to adjacent docking facilities.
175'
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
-2.5 NLW
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:
This is a modification to Major Permit #199-06. The third party appeal has been voluntarily withdrawn based on the attached
drawing. A total of (3) additional boat lifts will be installed. Timbers will be installed to prevent the launching of boats at low
tide and to protect the substrate.
4/19/07
Date
Charles Taylor-Whiskey Creek Overlook
Project Name
Jim Hundley
Applicant ame
AppliceA Signature
RECEIVED
? b VI ?l e?'Vp(IoIU?VIV, NG
t; n t ? n
NOTES: 13'
niis CONV HYDROGRAPHIC SURVEY z. HoRiz THIS MAP WAS NOT PREPARED FOR RECORDATION,
CONVEYANCES, OR SALES PURPOSES. X 1
HORIZONTAL DATUM IS RELATIVE TO NAD '83 "SUNOCO".
a. vERn WHI SKEY CREEK OVERL OOK 4. ALLE SHOR VER7iCAL DATUM !S RELATIVE TO MEAN LOW WATER
DETERMINED RELATIVE TO 7iDAl. BENCH MARK X865 8559 TIDAL 1 ~Z, Pig PILE
ALL LIFTS TO 8E EQUIPPED WITH LIMIT SWITCHES AND/OR ~rn,.~ rP.)
SHORTER CABLES TO PRE1lENT LAUNCHING BOATS AT MLW. CHANNEL - sHOR~vE~
~ 5. IN AD IN ADD~7i0N~ 4"xfi" TIMBERS 1MLL BE INSTALLED ON THE LIFT POST M~4RKER~ cAB~s
SO AS TO PROHIBIT THE LIFTS FROM LOWERING BELOW THE TOP FACE
MASONBORO TOWNSHIP \ ~ so a ~ of n NEW HANOVER COUNTY ~ ~ eE u NORTH CAROLINA '1~ ,06 ~1 ExoF OWNER: WHISKEY CREEK OVERLOOK LAC 1 0 OF THE 7iMBER. COUNTERSUNK BOLTS WITH MARRED HEADS WILL ~
BE USED TO INSTALL THE TIMBERS TO PREVENT THEIR REMOVAL ~ ~ ~ 1,_0~ ~O~ U~NG
~ i ~ MUD LINE BEAMS 4•x6. UMBER TIMBER STOP WITH
EXISTING PILING AT END ~ G ~ MARRED HE RED HEAD BOLTS
OF EXISTING FLOAT V MUD LINE
~R , CHANNEL ,
MARKER ~ TYPICAL BOAT LIFT DETAIL
619 CAICOS COURT ~ ~g cH WILMINGTON, NC. 28405 ~~n DATE: 11-21-06 goy /i ti~ CHANNEL ~ ~ NOT TO SCALE
MARKER f, .r `N •
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MARKER ~ ~ ~ ~ti'~ ~ ~ \ `
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MARKER ~ ~ CHANNEL iZ,. ~ ~ MARKER 2"x8 STRINGERS ON 2!-W CENTERS
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1 ~ GALV. BOLT W/WASHERS
END OF ~ ~ ~ PIER , i i , >-EXISTING PIER ` ~ AN 1 AND SPIKED
1 _ _ _ - MHYY~+4.Ot 6" ; ON 6" DIA.. TREATED PILE
i ~ ON 8'-0' CENTERS
i `A~? ~ ~ 1 BO 1 BOTTOM VARIES
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~ , / ~ - i REIS. LLC
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' , ~ ~ ~ ~ ~ , NOT TO SCALE
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~ 1 i 2 ~ ' : t ~ ~ PROPOSED PIERS AND DOCKS ADDED ADDED BY:
~ ~ NEW PIER PL / / ~ / ELEVA71INd5~ BASED ON ~ \ , / 2/ '.R P_ ~ WATERLINE MARINE CONSTRUCTION ION
~ 30 ~ . J i ~ =
=30' FEET ~ t ' ~ REPL.ACEMENT PIER PLAN c
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RECEIVE DCM WILMINGTO MAY 0 4 200 =1VED
iNGTON, NC
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