19970203 Ver 1_COMPLETE FILE_19970401

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: Fishing Pier, Inc., c/o Betty Jo Phelps
2. LOCATION OF PROJECT SITE: Adjacent to the Atlantic Ocean at% i60
Avenue North on Pleasure Island in New Hanover County.
Photo Index - 1995: None 1989: 177-19, grids J-19,20,21,22
State Plane Coordinates - X: 2339000-2339800 Y: 112800-113200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/06/96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 2/24/97
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carolina Beach
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: OH
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal
Planned - Same
Beach
1984: None
(F) Type of Structures: Existing - None
Planned Replacement of ocean pier and associated
pierhouse/restaurant destroyed by Hurricane Fran.
(G) Estimated Annual Rate of Erosion: Current - 7'/yr; New (April 1) - 2'/yr
Source - LTAER
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED INCORP
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
High Ground 1749 sf 4036 sf
Open Water 16,400 sf
Beach 3600 sf
(D) Total Area Disturbed: .6 acre
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes
8. PROJECT SUMMARY: Applicant proposes the replacement and lengthening of the ocean pier
destroyed in Hurricane Fran; also the replacement and enlargement of the pierhouse/restaurant,
relocated to meet the CAMA Ocean Hazard Area setback requirements.

Fishing Pier, Inc./Betty J0 Phelps
Page 2
9. PROJECT DESCRIPTION 3/07/97
The project site is a 1.5 acre tract located at the north end of Carolina Beach, at 1600 -Carolina Beach
Avenue North. The site ranges from 7.5' to 9.5' in elevation, and is protected by the US Army
COE/Town of Carolina Beach rock revetment project. The tract is largely unvegetated, and has a marl
parking area. Prior to Hurricane Fran, there was an ocean pier, extending approximately 770' from
the mid-point of the revetment, with an 1800 square foot pierhouse approximately 220' waterward of
this same point. The structures were destroyed.
This site is classified Developed/Conservation in the Carolina Beach Land Use Plan; the Division of
Marine Fisheries does not designate the Atlantic Ocean as a Primary Nursery Area; the waters are open
to the taking of shellfish for consumption; and the Division of Water Quality has classified the ocean
waters as SB. The property is serviced by municipal water and sewer.
The applicant is proposing to replace the pierhouse in its previous location. He has stated on the plat
that the proposed length of 1000' from the centerline of the rocks (this point has been used for setback
and other purposes to serve the function of the "first line of stable, natural, vegetation", and the
waterward edge of this structure approximates the mean high water line in the area) is the same as the
length of the pre-existing structure, but the aerial photography shows otherwise. The 1995 photography
does not show the project, and the 1984 does not show it in its entirety. The 1989 photography shows
the length of the pier existing at that time to be approximately 770' beyond the centerline of the rocks.
There has been no authorization for, nor the construction of, any pier beyond that shown on the 1989
photography. When asked about the discrepancy, the applicant acknowledged that he took the previous
length from the original plans of the project, and has no knowledge as to whether the structure was ever
constructed to this length. The photography, however, indicates the structure as it would have been
"grandfathered", and as it existed prior to this summer's hurricanes. Based on this, the proposed length
of 1000' represents an expansion of 230'. According to the Planning Director for the Town, there is
a Special Use Permit existing on this project which will allow for expansion. There is no intent at this
time to disturb the existing marl and sand parking area.
The pierhouse previously located on the pier, addressed above, was lost to the storms as well. The
proposal is to expand this pierhouse/restaurant facility to 2 stories, with a total enclosed floor space of
3498 square feet. The facility will have a 960 square foot handicap ramp, a 124 square foot
entranceway, a 340 square foot north side deck, an 1100 square foot emergency vehicular access ramp,
and a 412 square foot deck on the oceanside of the structure connecting to the proposed pier. There
will be a deck on the second floor of the oceanside that mimics the 412 square foot structure beneath
it. The total footprint of the enclosed portion of the building is 1749 square feet. With the exception
of the oceanside decks - 412 square foot stacked - all of these structures will be located behind the new
LTAER setback of 60', measured from the centerline of the rock revetment. This erosion rate of
2'/year will become effective April 1, 1997. The existing erosion rate for the area is 7'/year. Aerial
photography shows the shoreline in this specific area to be somewhat stable, probably as a result of the
revetment. While the shoreline did overwash during Hurricane Fran, the rocks remained in place.
The proposed pier emerges from the pierhouse at the oceanside deck, and extends approximately 1055'
from here, or 1000' from the centerline of the rocks. The proposed width is 20'. There are no
structures located on the pier itself. Pilings are anticipated to extend a minimum of 18' below substrate
level. The pier extends to a distance that provides a waterdepth of -28' at mean low water, at which
point the decking of the pier will be approximately 26' above the mean high water level.
?. i
10. ANTICIPATED IMPACTS
The pier and pierhouse, as proposed, will incorporate approximately 5785 square feet of sandy high
ground area landward of the rock revetment. Because the mean high water line approximates the
revetment in this area, the pier will extend across the public beach from the rocks to the mean low
water line, or 180', for a public beach impact of 3600 square feet. The open water to be incorporated
by the pier is approximately 16,400 square feet. The project is to be constructed entirely with private
funds. The pier will serve as a tourist attraction, as well as providing fishing and recreational access
to locals.
Submitted by: T. Barrett Date: 3/07/97 Office: Wilmington
! • R
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b.
ty, town, comet pity or Iandm???rrk
1. APPLICANT N?
a. Landowner:
addr s or secondary ad num er
c. MI
0
Name vr
axe 614.2&4a)
Address '/lo ?D C'a t H& >.j c2 dzk) /V,
City &4A_6& ? =4 State
Ale-
d- Is proposed work within city limits or planning
jurisdiction? Yes No
e. Name of body of weer pearest pro (e.g. river,
ccreek, sound, bay) L-`?!d Rio rLIQdyu
Zip 2 Day Phone q%9 _ H V
Fax 3. CREMON AND PLANNED USE
Z FEB 2 4 1997 tROPOSED PROJECT
b. Authorized Agent: D I V I S I U d\
COASTAL MANAGEMENT
Name a. List all development activities you propose (e.g.
I building a home, motel, marina, bulkhead, pier, and
Address / q anon and/or filling,activities.
Z1,00AJILVIJ
City M&j &rL6A State JV?__
Zip 242? Day Phone q/0 -4?'9-2159.
Fax c. Project name (if any) 36 6 IA--,, ?a, o

NOTE.• Pengdt will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
b. Is the proposed activity mainte ance of an existing
pr
oject, new work, or both? nirx?x J
PAL)
c. Will the project be for public, private or commercial
use? MUAtit" q_. Aj A, ?- LG?1
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
dpages. ,y,2S«?,.re„
PROJECT
a. Count -/I W_tr1 &42k)44-1
N
Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER ; 2J?eP.a? CY,rJ?c,L,tl,??
CHARACTERISTICS '

a. Size of entire tract dtloi ± n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) V4 wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevatio of tract ve MHW Qr
NWL -:?..5- ? 9.5 Utl?f-t z? )
d. Soil type(s) and texture(s) of tract . Describe.existing'drinking water ply source.
o
S n o.
HV

e. Vegetation on tract `
-77
2 41997
DIVISI 1%, OF
f. Map-made features now on tract 14AGEM
,2/)t,d
9 5. ADDITIONAL INFORMATION
g. 4
What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site. (co=uiz the 1acui land use pka.) following items must be submitted:
Conservation Transitional
Developed Community •
A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned b local government? claiming to be the owner of said property, then
A - forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? ? Yes No
(Attach zoning compliance certificate, ifapplia:ale) J • An accurate, dated work plat (including plan view
a= X6X- and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by I V white paper. (Refer to
done for the tract? Yes '-No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or ell ible property?
Yes No
1. Are there wetlands on the site? Yes ZNo
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach doaanentadon, if available)
Please 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
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
I
• A list of the names and complete addresses of the I understand that any permit 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. The 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 my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has b conducted in a manner consistent with such program.
10, kew that I am authorized to grant, and do in fact, .
Name
Address 'ssion to representatives of state and federal
Phone 2419 agencies to enter on the aforementioned lands in
DIVISION O F connection with evaluating information related to this
Name 'X-nAgT-A?--*AliAGWM"Tapplication and follow-up monitoring of the
Address project.
Phone
Name /
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
.
''this is the day ofA&L1? 199-1
"Tint Name
--Signature
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
0
or Ampto$.-Id Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and dare each attachment in the
space provided at the bottom of each form.
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h.
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed t d 'ice 4tz v
b. Number of lots or parcels
Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes ? No
If yes, date submitted
Describe, proposed method of sewage disposal.
Zciixr
22
? a facilities described in Item i. above
c. Density (give the number of residential aand rec v state or local approval?
L
units per acre) e ?j .
FB 24 1997
Descnbe location and type ofproposed discharges to
d. Size of area to be graded, filled ?r e MAt JAGEWof the state (for 'example, `surface runoff,
including roads, ditches, etc. zz, sanitary wastewater, industrial/commercial effluent,
'wash down" and residential discharges).
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.)
control plan been submitted to the Division of Land ti? l af,
Resources? Yes No
If yes, date submitted m. Will .water be impounded? Yes _L/No
if yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.. n. If the project is a oceanfront development, when
Mael_ was the lot(s) platted and recorded? Aa. 64"
g. Give the percentage of the tract within 75 feat of
IviHW or N`WL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
vehicular driveways or parking. 2A7 rant or Pragct Name
pavement, buildings, rooftops, or ",e
sed for
S-q1pm_atUW_
2 -'
Date
Revised 03195
Form DCM-MP4
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 ier
(1) ?Commercial -Community _ Private
(2) Number I
e. Mooring buoys
(1) Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(3) Length 10on' 711Gt-cL Width of water body
(4) Width 2D' 71" D , Distance 'buoy(s) to be placed beyond
(5) Finger Piers Yes shoreline
(i) Number F E B 2 419q 7
(ii) Length Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width DIVISION OF ,}. Commercial -Community _ Private
(b) Platform(s) Yes CW&STAL MANAGEME, Number
(i) Number (3) Length
(ii) Length (4) Width
(iii) Width
(7) Number of slips proposed
(8) Proximity of s cture to adjacent riparian
property lines t, Ql![ay "i 2,2
(9) Width of water body C?tl?r ?? Die a ylJ
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.j. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond
wetlands
MHW, NWL or
g. er (Give complete description)
North Pier House and Fishing Pier
Owner: Fishing Piers, Inc. (Ms. Betty 7o Phelps)
Agent: A. L. West, 519 Harper Avenue, Carolina Beach, NC 28428
Telephone Numbers: [phone] (Home), [phone] (Work)
Development Narrative
The owners (Fishing Pier, Inc.) wish to reconstruct the north pier house
and fishing pier which was destroyed during the two (2) recent storms
("Bertha" and "Fran"). The proposed location is north of, adjacent to, and
parallel to the previous pier house/fishing pier location and is the same
length as the previous pier. The proposed location is necessary to comply
with local zoning district standards relative to setbacks and parking
arrangements. The use is permitted as a pre-existing non-conforming use
within a RA-6A Zoning District as allowed by the town's Zoning
Ordinance. The pier house previously located on the fishing pier over the
water has been relocated landward of the 60 foot CAMA setback (from the
centerline of the northern beach rock formation) as recommended in
discussions with regional CAMA representatives. The utilities (water and
sewer) are municipal water and sewer services presently on-site and which
served the previous pier house/fishing pier.
Attachments
(1) The pre-existing situation by plans and phot -4
(2) The proposal plans/profiles
(3) Water depths
D
(4) Other supportive information F E B 2 4. 1997
DIVIS!c•, ??
COASTAL MA14AGEMENT

?_SITE?__=
ROCKS

.- N
1980 AERIAL PHOTO - NORTHERN PIER - CAROLINA BEACH, NC
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C0'wASTAL'MAi4F
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7

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AL A'ANAGE
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1994/95 PLANIMETRIC MAP NORTHERN PIER - SCALE 1" = 100'
TF
F EB 2 41997
)IVISI()i\ OF
AL MANAGEMENT
E 2338500
of North Carolina
Partment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Fishing Pier, Inc.
c/o Betty Jo Phelps
1600 Carolina Beach Avenue North
Carolina Beach, North Carolina 28428
Dear Ms. Phelps:
?EHNF1
March 7, 1997
g1
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located at the north end of Carolina Beach at 1600 Carolina
Beach Avenue North. It was received on February 24, 1997, and appears to be adequate for processing
at this time. The projected deadline for making a decision is May 09, 1997. 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,
T. Barrett
Field Representative
TJB
Enclosure
cc: John Parker
Bob Stroud
Harry Oakes, LPO
Jeff Richter, COE-

127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Managemen D M@?MT7EO
James B. Hunt, Jr., Governor MAR 1 u 1997
Jonathan B. Howes, Secretary
Roger N. Schecter, Director ..................... ..
March 7, 1997
MEMORANDUM:
? G
?EHNR
TO: Mr. A. Preston Howard, P.E., Director %,
Division of Water Quality i
FROM: John R. Parker
o
Mayor Permits Processing Coordinator d"n
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Fishing Pier, Inc./Betty Jo Phelps
Project Location: Adj to Atlantic Ocean at 1600 Carolina Beach Ave North on Pleasure Island, in
New Hanover County
Proposed Project: Replacement and lengthening of the ocean pier destroyed by Hurricane Fran; also
the replacement and enlargement of the pierhouse/restaurant, relocated to meet
the CAMA Ocean Hazard Area setback requirements
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by March 28, 1997. If you have any questions regarding the proposed project, please contact Tere
Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested.
cq 31311`-1
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 I-D- C l I' . r s c- DATE 1--t -- l -- G
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
on- An Equal Opportunity Affirmative Action Employer
? /1 IN