19990378 Ver 1_COMPLETE FILE_19990412

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Doug Huggett, DCM
FROM: John Dorney, DW 6
A
,1kTW 1 • A A •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 28, 1999
RE: Water Quality Comments
R. Adrian Holler
Carteret County
DWQ Project # 990378
DWQ has no objections to the project plans to construct a boatlift with access
dock in Spooner's Creek.
Please call me at 733-1786 if you have any questions.
cc: Wilmington DWQ Regional Office
John Dorney
Central Files
990378.dcm
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
R. Adrian Holler
Care of C.B. Bissette, Jr.
P.O. Box 650
Morehead City, NC, 28557
Dear Mr. Bissette:
1 ? •
MOM
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 21, 1999
Subject: Application for 401 Water Quality Certification
DWQ # 990378
Carteret County
On April 14, 1999, your application for a 401 Water Quality Certification for a
boat lift adjacent to Spooner's Creek in Carteret County was received by the N.C.
Division of Water Quality. The Division will begin to review the project for eventual
decision. However, please be aware that beginning January 1, 1999 that the N.C. General
Assembly passed legislation requiring payment of a fee of $200.00 for this project. The
401 Certification cannot be issued until this fee is paid. Until that time, your application
will remain on hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
ncerel ,
Jo R. Dorney
cc: Central Files
Wilmington DWQ Regional Office
Wilmington Field Office US Army Corps of Engineers
Cyndi Bell
Wetland File
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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J
CAMA
2s ?fie
April 13, 1999
MEMORA
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:

t
Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
John R. Parker, Jr.
Major Permits Processing Coordinator

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CAMA/DREDGE & FILL Permit Application Review
R. Adrian Holler
Carteret County. Adjacent to Spooner's Creek within the Spooner's Creek
development, off of Highway 24 in Morehead City, at 5221 Driftwood Lane.
Proposes to construct a boatlift with access dock which would provide for a total
of three mooring spaces at his private residence in Spooners Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 4, 1999. If you have any questions regarding the proposed project, please contact Tere Barrett
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.
SIGND rolina Department of _Environment and Natural Remnrces jameTAAti1. Governor . Wayne McDevittr WrPU4
Division of Coastal Management Donna D. Moffitt, Director
Morehead City Office . 15 1-B Ilwy. 24 / Ilestron Plua 11 Morehead City, NC 28557 • Phone [phone]
" NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
e??
NCDENR
MEMORANDUM:
TO: JOHN PARKER
DIVISION OF COASTAL MANAGEMENT
JAMES B. HUNTJR.
GOVERNOR
FROM: T. BARRETT
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT -
R. ADRIAN HOLLER, CARTERET COUNTY
WAYNE MCDEVITT DATE: April 12, 1999
SECRETARY
With reference to the above mentioned project, the following are my comments
and recommendations:
DONNA D. MOFFITT
DIRECTOR As proposed, the existing dock would add 208 square feet of decked space to a
system with 996 square feet existing. The total decked area would be 1204
square feet. With 340' linear feet of shoreline, the applicant is allowed 1360
square feet of Public Trust Area incorporation, based on T15A: 07H
.0208(b)(6)(D).
Additionally, the system would allow for a third docking space on a single
residential lot. This number is limited under the General Permit requirement to two
slips. With the width of the water body, and the proximity of the proposed dock to
other docks in the area, and the fact that the slip spaces are divided among two
different water bodies, I feel this proposal is consistent with the guidelines. As
such, I would recommend the authorization of the request contingent upon the
following conditions:
1) The docking facility and associated structures shall have a minimum setback
distance of 15' between any parts of the structure and the adjacent property lines
as extended perpendicular to the channel into the water at the points where they
intersect the shoreline.
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 structures, 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.
3) No more than three (3) vessels are to be moored at this facility.
4) 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.
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151 -8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I Oq POST-CONSUMER PAPER
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: R. Adrian Holler
2. LOCATION OF PROJECT SITE: Adjacent to Spooner's Creek within the Spooner's Creek development
off of Highway 24 in Morehead City, at 5221 Driftwood Lane.
Photo Index - 1995: 41-516, grid L-14 1989: 154-31, grid 11-H
State Plane Coordinates - X: 2660000 Y:362000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 07, 1999
Was Applicant Present - Yes - agent
5. PROCESSING PROCEDURE: Application Received - 4/12/99
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Morehead City
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned -None
(F) Type of Structures: Existing - Bulkhead, docks, gazebo
Planned - Dock and boatlift
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
\ C)
1
[AREA]
nRFT nPn PTY T Pn
U
I
TATOnD D
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Open Water
533 sf
(D) Total Area Disturbed: 533 sf \ GL
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a boatlift with access dock which would
provide for a total of three mooring spaces at his private residence in Spooner's Creek.
FIELD INVESTIGATION REPORT:
R. Adrian Holler
PAGE #2
9. NARRATIVE DESCRIPTION:
The project site is a .79 acre single family residential lot averaging ±6' msl, located within the
Spooner's Creek development of Morehead City. The property address is 5221 Driftwood Lane.
This development surrounds Spooner's Creek off of Highway 24, approximately .8 mile west of
the intersection with US 70. The property is vacant and cleared, vegetated with lawn grasses.
Although there is no residence on the site currently, the lot is serviced by municipal water and
sewer services. This property fronts water on two sides, with the southwest side facing the main
entrance channel, and the north side facing the first residential canal. The tract has
approximately 340' of water frontage.
The shoreline has been stabilized with a standard bulkhead. General Permit #018790 was issued
on August 08, 1997 for the construction of the bulkhead, a 52'x 6' dock and a 60' x 6' dock, with
7 mooring pilings and an 18' x 18' gazebo. The docking facility allows for the mooring of two
vessels. The square footage of the docks were not included in square footage calculations
allowable under 7H .0208(b)(6), as was policy prior to the pier rule changes in August of 1998.
Spooner's Creek is an artificially enhanced creek system supporting various canals for the
surrounding community. The creek connects to Bogue Sound. The waters of Spooner's Creek
are classified SA by the Division of Water Quality, are closed to the taking of shellfish by the
Division of Health Services, and the Creek is not a designated Primary Nursery Area. The
Morehead City Land Use Plan classifies Spooner's Creek as "Developed" with all areas within
CAMA Areas of Environmental Concern classified as "Conservation."
The applicant currently has mooring for two vessels through the use of the two docks stated
above. His total decked area amounts to 996 square feet, with mooring pilings to result in a total
Public Trust Area incorporation of approximately 2556 square feet. He is desiring to purchase a
new vessel, with the capability of placing the boat on a lift. The proposal is for a 26' x 125
boatlift, with an 8' x 26' access dock along the bulkhead. The project would extend
approximately 205 into the body of water. The applicant's contractor has stated that the body of
water is approximately 108' across at the project site; the aerial photography confirms that it is in
excess of 80'. The water depth at the project terminus is approximately -4' nlw. The location of
the proposed docking system is 15' inside of the northeast property line, and approximately 65'
east of the terminus of the existing dock.
10. ANTICIPATED IMPACTS:
The proposed dockage system would add 208 square feet of decked area to that existing, with the
boat lift to result in a Public Trust Area incorporation of 533 square feet. A third slip would be
available for mooring. The total decked area for the existing and proposed dockage would be
1204 square feet, with total Public Trust Area incorporation of 3089 square feet. The project
does not exceed the 1/4 rule, and poses no hazard to navigation. Due to the abundant linear
footage of shoreline, the proposed dock does not result in a "clustering" effect.
T. Barrett April 12,1999 Morehead City

Form DCM-MP-1
APPLICATION...
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT r Az-_ree?-r-
a. Landowner:
Name R,, P4?)2AAJ 40 (_Cg g
Address "?7 ?' Cl 90 o le? C_A44-
City ?lf-? i?oi2 f State Ai C---
Zip S , b Day Phone 2'?--7 7A_--6 U-J?,
y 5-ZS 3
Fax Z, Z 7-2 k 35 2
b. Authorized Agent:
Name C Q 2/ SS F i E i )2
Address P o 0CV 6 S b
City ltI a aLd E? cL!?L State iV e---
Zip a $,7576'7 Day Phone 7,2R' *l4/
Fax -72 `6tfl 9-zc. Project name (if any)

NOTE: Perndt will be issued in none of lad er(s), andlor
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
c. Street address or secondary road number
,_Z2 (, I) P J F?-IA? o -0 C-A.- "-J
d. Is proposed work within city limits or planning
jurisdiction? ? yes No
e. Name of body of water nearest project (e.
9. river,
creek, sound, bay) -?-_?Oc N6-+2S CR A<
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.
b. Is the proposed activity maintenance of an existing
project, new work, or both? N )r-_L-j -j o rZ K
c. Will the project be for public, private or commercial
use? f7l z I
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
Q9 vE 4 P/ LE S PL4c_i_? 41)=7-
/I
A .t i n Al A L_ O_ S
4 F, F
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) 34 30q- S F=
c. Approximate elevation of tract above MHW or
NWL + 4;
d. Soil type(s) and texture(s) of tract
S?4til?
e. Vegetation on tract /LA 5
f. Man-made features now on tract Pig?S A-.?
_C,4-2??
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
4--; iT) ty 1 -
L-i. Is the proposed project consistent with the applicable
zoning? Yes No
(Attach zoning compliance cenrificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes ? No
If yes, by whom?
Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes --- No
Are there wetlands on the site? Yes , / No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
Mu.li c-t F IA L
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.)
/yA
o. Describe existing drin/k?ing water supply source.
(T" u/A_7f?
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• 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 7J.0203 for a
detailed description.)
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
Revised 03195
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
• A 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.
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 conditions
and restrictions contained ;,i 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.
Naive l)IA ck 'L?A-ACFA I certify that I am authorized to grant, and do in fact,
Address 5--Z-2 7)P1 FV- O v. v rz4- ,) c(N Nc-grant permission to representatives of state and federal
Phone -2. S L - LG k ti review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name K,? ` Z y n %4i permit application and follow-up monitoring of the
Address < 13 E. (=A-i 2WA-`' 012. Nlc 2:', ?K-Ai) CX ? project.
Phone * - ?? - .2 y e . 1 3 ?Z
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
C 1$ 7g a Apa/Aw/ jgoA.ts,2 42E
• 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.
This is the _ 9 day of Aw- i L , 19 a.
Print Name I \ A?) /20A CLA--2
Signature
Undowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
7 DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
Revised 03/95
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 Pier(s)
(1) - Commercial -Community ? Private
(2) Number
(3) Length
(4) Width _
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) ? Yes No
(i) Number l
-
(ii) Length _t-a ?G ?ci
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines _> IS
(9) Width of water body _/01?
(10) Water depth at waterward end of pier at
MLW or NWL - L? /,
e. Mooring buoys
(1) - Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
Mooring structure (boatlift, mooring pilings, etc.)
(1) - Commercial -Community ?Private
(2) Number
(3) Length
(4) Width ?? .s'
g. Other (Give complete description)
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.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Appli or sect Name
Signature
-ci
Date
Revised 03/95
c,v r I
7 71
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