20090886 Ver 1_CAMA Application_20090814

3
NCDENR °j
North Carolina Department of Environment and Natural Resou
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
August 7, 2009 09- 0 8 8 6
MEMORANDUM:
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 Major Permit Application Review
Applicant: Richard Pascal
Project Location: 206 Shoreline Drive East, adjacent to AIWW, in Sunset Beach, NC,
Brunswick Co.
Proposed Project: To construct a 3-slip private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 2, 2009. If you have any questions regarding the
proposed project contact Debra Wilson [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
400 Commerce Ave., Morehead City, NC 28557--3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
NorthC?t olina
Naturally
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Richard Pascal c/o Stephen Conway
2. LOCATION OF PROJECT SITE: 206 Shoreline Drive East, adjacent to the AIWW, in Sunset Beach,
Brunswick County
Photo Index - 2006:2-6205; J-M(13-14) 2000: 2-17; M-P(11-12) 1995: 2-17; M-P(16-17)
State Plane Coordinates - X: 2149569 Y: 49558
Lat:33°53'06.50652"N Long: 78°30'26.21331"W
3. INVESTIGATION TYPE: CAMA ROVER FILE # - N061113A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/11/09
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - Complete on 7/9/09
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Residential
(B) AEC(s) Involved: PTA, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing - Single-family residence.
Planned - Construction of a private docking facility.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nppnr:pn FTT T PT-1 nrrTffU
(A) Vegetated Wetlands (Coastal
Wetlands) 2,370 sq. ft.
(shaded)

(B) Non-Vegetated Wetlands
(Open water) 2,948 sq. ft.
(Incorporated)

(C) Other (High ground)
W) r Mai Area Listurnea: o,s 12S sq. Tt. (U.l"L"l acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 3-slip private docking facility.
Mr. Richard Pascal
'Page Two
9. PROJECT DESCRIPTION:
The project site is located at 206 Shoreline Drive East, adjacent to the AIWW, located on the mainland
side of Sunset Beach, Brunswick County. To find the project site travel south on US Highway 17 to NC
Highway 904. Turn left onto NC-904 and travel approximately 3.6 miles to Sunset Blvd N/NC-179.
Turn right onto Sunset Blvd N/NC-179 and travel approximately 1.8 miles to Shoreline Drive East. Turn
left onto Shoreline Drive East and travel approximately 0.2 miles and the subject property will be
located on the right.
The property consists of a lot, approximately 1 acre in area, with a single-family residence owned by
Mr. Pascal with an average approximate elevation of 13' above normal high water (NHW) and
approximately 99 lineal feet of shoreline adjacent to Jinks Creek. Vegetation on the high ground portion
of the lot consists of lawn grasses, pine (Pinus spp.), and Oak (Quercus spp.). The high ground on the
property then transitions to a band of Sea Oxeye (Borrichia frutescens) approximately 10' in width.
Smooth Cordgrass (Spartina alterniflora) extends from the high water line approximately 50' - 60' to
the south into Jinks Creek which runs from east to west (parallel to the AIWW) between Mary's Creek
and Turtle Creek. The open water of Jinks Creek measures approximately 230' in width at the project
location. Located in the center of Jinks Creek is a small channel measuring approximately 15' in width,
with a water depth of approximately 5" at normal low water (NLW). Another large expanse of Smooth
Cordgrass, measuring approximately 290' in width, then extends south between Jinks Creek and the
AIWW. The existing piers adjacent to the project site extend into Jinks Creek and do not extend into the
AIWW.
The Brunswick County Land Use Plan classifies the adjacent waters as Residential. The waters of the
AIWW are classified SA, HQW by the Division of Water Quality. The ARE designated as a Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of
shellfish.
PROPOSED PROJECT:
The applicant is requesting to construct a three-slip private docking facility. A pier, measuring
approximately 770' in length by 6' in width, is proposed originating from the high ground and would
extend to the AIWW and would include a proposed bridge over the existing small channel area of Jinks
Creek (see Sheet 2 of 5). As proposed, the bridge portion of the pier crossing the small channel would be
elevated to a height of 8' above mean high water (MHW) and would span approximately 20' in length to
allow for continued navigation of small vessels (see Sheet 3 of 5). The pier would lead to a 16' in length
by 16' in width fixed L-head which would extend into the AIWW. As proposed, the landward half of the
platform (16' by 8') would be covered and the waterward side of the platform (16' by 8') would be
uncovered (see Sheet 2 of 5). The applicant also proposes to install two boatlifts measuring
approximately 16' in length by 13' in width which, would be located adjacent to the proposed platform,
one on the east side and one on the west side (see Sheet 5 of 5). The applicant proposes to construct a
finger pier measuring approximately 20' in length by 6' in width extending in an easterly direction from
the main pier and located just landward of the proposed L-head platform (see Sheet 2 of 5). Located on
the southeast end of the proposed finger pier would be an access ramp measuring approximately 18' in
length by 3' in width, which would lead to a proposed floating dock measuring approximately 16' in
length by 8' in width. As proposed, the floating dock would extend into the AIWW perpendicular to the
shoreline and would be located adjacent to the proposed boatlift on the eastern side (see Sheet 5 of 5).
The water depth at the outer edge of the floating dock is approximately -2' at MLW.
Mr. Richard Pascal
Page Three
10. ANTICIPATED IMPACTS
The docking facility would incorporate approximately 2,948 sq. ft. of Estuarine Waters and Pubic Trust
Area. The pier would shade approximately 2,370 sq. ft. of coastal wetlands which consist of low marsh
(S. alterniflora). The docking facility as shown would not encroach into the adjacent 15' Riparian
Corridor Setbacks. The proposed docking facility would extend approximately 150' into the AIWW,
which measures approximately 603' across, thus conforming to the 1/ width rule and would not
encroach into the U.S. Army Corps of Engineers 80-foot setback from the AIWW. The pier would cross
over a small channel in Jinks Creek, which is navigable except at low tide. The pier, as proposed, would
be elevated to a height of 8' above the NHW in this area to allow for the continued navigation of small
vessels. Minor increases in turbidity should be expected during construction.
Submitted by: Debra Wilson Date: 7/31/2009 Office: Wilmington
ON MP-1
APPLICATION for Malor Development Permit'
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)

Applicant 1: First Name MI Last Name
4t BSI Wr' 1.
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
SIC
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ntry Phone No. FAX No.
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Street Address (if different from above) City State ZIP
Email
DW WILMINU I t 1N, NU
<Form continues on back> JUL 0 9 2009
i.
Major Development Permit
3. Project Location
County (can be multiple)
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- Lot No.(s) (if many, attach additional page with list)
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a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
C wW
c. Is the water body identified in (b) above, natural or manmade?
?Natural Manmade ?Unknown d. Name the closest major water body to the proposed project site. .
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e. Is proposed work within city limits or planning jurisdiction? f. If ap icable, list e planning jurisdiction or city limit the proposed
Fes ?No work falls within.
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4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
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c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or

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e. Vegetation on tract
G? 5 ? ? eeS ,
f. Man-made features and uses now on tract

g. Identify and describe the existing land uses adiacent to the proposed project site.

h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable).
-,Ves ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes No
k. Has a 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?
<Form continues on next page> RECEIVED
QCM WILMINGTON, NC
JUL 0 9 2009
Major Development Permit
m. (i) Are there wetlands on the site? XYes ?No
(ii) Are there coastal wetlands on the site? ff-?es ?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.

o. Descri e existing
dnnking
ater supply source.
g
w
p. Descri existing storm water management or treatment systems.
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5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
11
A- t vc?,? Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
4- t6??iK
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.
T
d. List all develop nt activities you propose.
e. Are the proposed activities maintenance of an exist ng project, new work, or both?
I. hat is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or [:]Acres
l
S1OG
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.
S? k2
i. Will wastewater or stormwater be discharged into a wetland? ?Yes JX\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 A
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
DCM WILMINGTON, NC
_it a- 0 9 2009
(35/26,1200`3 22:53 9107914319 STEPHEN xtJWA`!
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5. Addition t Information
la sdafion to i tbinpislod e000C811:06 brrn. WX I) the to awln0 items below, it oppiktible, must be sliba
Pecxaof to be c mpfore. Yams (e) - to are etways spW.a le to'ny major deveta trwn! epplkaiiort_ P"
fnatN6tron book+1 pit how to PWerfY Prepare the WV-'V# sera baiow.
a. A project nar, t I e.
b, AA it CUratc, ed ,,vo plat (ii Wind plan `/ie`" and t es-se`tlonaf orav ingst drawn to stale. Plessd
I proposed w ett, is any portion a ready comotele? If p viousiy authorized work. CIO 20Y imirala on rrv
hatween wo q mpletsd fsrld proposed,
~C A site or loo ?qn map that is sufrrcie dotaiied to qtd sgemy porsomsi %ontam,iiar with the area to 'J
d. A copy of to dead (with stale application only) or Other lnstrument under whiff tKo applicant cialms UtN
e. The appropf to application fee. Check or money orde made payable to D£NR.
t. A flat of th* Tee end complete addresses of the aaja nt watertr ml Inparian) laodownivt and 6igrtsd
owners hav f®ceived a copy of the application and pia by certified mail, 9udh landownoes must be a
wtcch to su it comments on rho proposed oroject to a Division e( Coast* Management,
Namc Phone
•tiC?? i
Address .,C2?Cf M4 '%e" 4leC- S? (r
Name phone
i Add rest
N,vne t ! l Phone
Address I t __
g. A Ifs1 of prr 4us state or federal pefmlls iRt;ued fir wtat On the project tract. Inc,ude permit numbers,
F'AGE 01
Major Development Porfflil
it
sd An order ky th0 aPOicahun
consuft Lie aptN7catiort
the preetint status 0, the
plats, ofawlneY tv distinguish
site.
the affected propeniea.
iin feCeipl5 13 proof that such
rd that they have 30 days in
go.
b9p ?>Y

and !63uing dales

1 h. 3i"a co
L_ _ 64ttent or agert outhonLatlcn form. i1 appl"
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wetland d ti e.tron, if necess8ry. _
j. A .rgned naZa;q nocce for project9 in ocearrron and ntel area:. ;Must be sigr*d by Property O'ne')
k. A 3tateme t f Compliance with the N.;,, Frrironmor a{ PN ty Act tsp. ?.G S. t!?A +•'01, i(necessa If the project inv03 S t edlilule;
of public 1 nit er use of pwic tends, attach o slot nt documenting compliance with the Norm Gar lina fm'iron-*antel Pollcy Act.

7. Crri/ff ffon arrd Permission to Enil r on Land i

I undarstar IIINat any permit issued in response t this applic8tion will llilow only the develop ent described in the applica"00,
The nroieict wjh be subieCt to the Conditions slid r ftrictions contained in the permil
I cefVy the I Tarn authorized to grant, and do in fart grant permission to representatives of st a and tederai review agencies ;o
enter an th Oforementioned lands in connection with evaluating rformalion related to ttli permit aDpljcat'on and foiloWLD
monitoring f the projf3Ct, i
I further ce?l i thrDl the intorr-tatior, provitieC in tMia applit aliC,p CufhfUt to the 6esI my kit Wedge.
Date Print Name ?'GN dt fr CSC 11?r •.
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Please inf4 4;te application attachments perlalni* to your proposed Droject

ODCM Nl

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.a Excavation and FU? Information ©DCM ena•5 Bridges
a
nd
I FCEIVED
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.1 Upland DeuetepfPent DC WILMINGTON, NC !
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?ocm tvtl 4, Structures inforrnation

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' JUL 0 9 2009
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ti 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 *ivate/Community
? This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes T No
c. (i) Dock(s) and/or s)
(ii) Number
(iii) Length :7?
(iv) Width
(v) Floating Yes Wo
e. (i) Are Platforms included? $es ?No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ,Yes ?No
Note: Roofed areas are calculated from dripfine dimensions.
g. (i) Number of slips proposed
(ii) Number of slips existing
i. Check the proposed type of siting:
? Land cut and access channel
[]Open water: dredging for basin and/or channel
Wpen water; no dredging required
[]Other; please describe:
k- Typical boat length:
m. (i) Will the facility have tie pilings?
!es bavo
(ii) If yes number of tie pilings?
0
d. (i) Are Finger Piers included? 'k Yes ?No
If yes:

(ii) Number. J-

r
(iii) Length © V
(iv) Width
(v) Floating ?es ?No

I. (i) Are Boatlifts included? X yes ?No
If yes:
(ii) Number

('iii) Length -
(iv) Width 1
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
>?_Qockage ("wet slips-) only, number of sli s: p
;`Dry storage: number of boats: - '?ORA C"
? Boat ramp(s): number of boat ramps:
? Other, please describe:
j: Describe the typical boats to be served (e.g., open runabout,
charter boats, sad b ats, mixed types).
-.
?
1. (i) Will the faci`lit?i be open to the general public?
[]Yes (?No
RECEIVED
DCM WILMINGTON, NC
JUL 0 9 2009
2. DOCKING FACILITY/MARINA OPERATIONS his 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..
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live-aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
JUL 0 9 2009
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
C]Yes []No
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 leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) )Wrhis section not applicable
a. (i) Is the boathouse structure(s):
?Commercial ?Public/Government ?Pdvate/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
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
J U L 0 9 2009
NERAL
a Proxim11it``y of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
0n -T? f-I1eS Side
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o or buoy or mooring piling, use a swing incl'rng eng h
of vessel.
c. Width of water body
G n?S -'o G f`aS5 C., 03 Fe?
e. ;i) Will navigational aids be required as a result of the project?
?Yes ro ?NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER
a. Give complete description:
Pte-. M_ ??
I
d. Water depth at waterward end of structure at NLW or NWL
PL !
?This section not applicable
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Date
Project Name
a., v)ct
Applicant Name
Applicant SigrAture
RECEIVED
DCM WILMINGTON, NC
JUL 0 9 2009
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