20041498 Ver 1_COMPLETE FILE_20070831

MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Tom van Arsdale
Project Number 04 1498
Recvd From DCM
Received Date 9/8/04 Recvd By Region
Project Type
County New Hanover
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

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 O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to this project as proposed. A 401 Water Quality Certification is not
rewired. 9/29/04 NML
cc: Regional Office
Central Office Page Number 1
IMA
e A
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
September 3, 2004
MEMORANDUM:
041498
TO: John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
WE7ANDS/401 GROUP
SEP. 0 S 2004
WATER WAi' ITy SECTOV
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Tom van Arsdale
Project Location: 8520 Bald Eagle Lane adjacent to AIWW and Middle Sound , Wilmington,
New Hanover County.
Proposed Project: Proposes to construct a private pier
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 27, 2004. If you have any questions regarding the proposed project, please 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
Form DCM-MP-1
I
APPLIC
(To be completed by all
I. APPLICANT

a. Landowner: number
," .
,e d.
Name ?? ?- S u s La .t a ? 1 /rsc?4
Address
City State -LLC .
Zip a / cd _
Day Phone ,-2 SG - S l s9
/
Fax
b,' Authorized Agent:
Name -1-4 ,-7 'Le
Address K '2 r cl r e t/r C,/ C, rr ?(P V C'
r
City
G.,. /? / /

??1^?

State
041498
Is proposed work within city limits or planning
jurisdiction? Yes No
Name of body of water nearest project (e.g. river,
creek, sound, bay) e
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
exca anon and/or lling activities.
74
C ?
Is the Proposed activity maintenance of an existing
project, new work, or both? !V a c-_,
zip S? ?O Day Phone /O -G °'6; 3? b.
Fax Z O
c. Project name (if any) A)
MOM' Permit will h e uswd in Hams of l?atdoxner jsJ, m?dlor
pr+ojea >rame. .
Z, 'LOCATION OF PROPOSED
PROJECT
a. County
c' J G,? a
a., will the Frojebe for ublic, private or commercial
use?
d. Give a brief description of purpose, use, methods of
coastruaion and daily operations of proposed
project. If more space is needed, please attach
additional pages.
1

Re ified um
c.. Street address or second ad '
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract / . 02 a c.-
b. Size of individual lot(s) -/, ;? a r.
C. Approximate elevation ofI tract above MHW or
NWL 9 0 (o-1 oyc- i"1L ,>
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract j a mod) ,5 co n e d e. rrd
f. Man-made features now on tract tt m u s e.
g. What is the CAMA Land Use Plan land
classification of the site? (Comnlt the local land use plan.)
Conservation Transitional
Developed ?Commuaity
Rural Other
h. How is the tract zo?n e,d by local government?
reS rJ,-.??(: % l
L Is the proposed project consistent with the applicable
zoning? Yes No
(Attach zoning co-pliance certificate, ijappUcable)
j. Has a professional archaeological assessment been
done for the tract? Yes e---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 eli ible property?
Yes No
1. Are there wetlands on the site? ? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? A_
(Attach dm-sentation, if a-ilable)
7 7 7
\V 9. IR
1 r
?? ? ?l, 9 IY': ! I
m. Describe fisting! e?vater ea?ent facilities.
JL/
rr'Nc-? ;a Af\I-Ar•?=N AF3\lT
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.).
-- I' e 5 ! (ie'1 l r'C ( -'J('i n Lt, e s
o. Describe existing drinking water supply source.
f..' P U
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of 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 tide, 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 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• 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.
Name
Address
Phone
Name
Address
Phone
Name 4
Address
Phone
° A lest of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
7 7,77 L J-1 V )
6. CEit
TIFF`; TION,v A1vD PER
TMENTER -MbA2,0 A ENT
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 N 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 fad,
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.
205 .
I further certify that the information provided in this
application is truthful to the best of my knowledge.
? ? O o c/
This is the day of?
Print Name h4o -L4-3 9?+//, ?Sq,? ?¢r2 y?•f-?t
Signature zZ= --
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.
landowner or Audwrized 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 MPS Bridges and Culverts
DCM MP-6 Marina Development -
• A statement of compliance with the N.C.
Environmental Policy Ad (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
Form D0VI-;'vIP`4
STRUCT -'S
URE
(Constructior, within Public Trust Areas)
Attach this form to Joint Application for LAMA -Major
Pei7nit, 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 / CU {: ! {? o
(4) Width
(5) Finger Piers c- yes 2:. No
(i) Number /
(ii) Length
(iii) Width
(6) Plarform(s) ?yes No
(i) Number /
(ii) Length / L/
(iii) Width c?
(7) Number of slips proposed - Z/
(8) Proximity of structure to adjacent riparian
property lines '30
(9) Width of water body 0r? `
(10) Water depth at waterward end of pier at
MLW or NWL ";/
b. Boath ouse (including covered lifts)
J
(1). . Comm rcial /
L,4 Private
6-
(2) LeC-
(3). Width
c. Groin (e.g. wood, sheep ile, etc.)
(1) Number
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length U ,4
(2) Average distance from MHW, NWL or
wetlands _? Q¢
(3) Maximum distanc e and MHW, NWL, or
wetlands N
DIVI'Z'3i;C'N OF
COASTAL KIANAGEMPNT
e. Mooring uoys _
(1) ti Commercial Community
private
(2) N tuber
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f Mooring/? tructure (boatlift, mooring pilings, etc.)
(1) /v%4-Commercial Community private
(2) Number
(3) Length
(4) Width
g• Other (Give comp/ere iescripIi0n)
rU ??-
Applicant or Project Name
signature
/z7 /a y
Date
Revised 03/95

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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT 041498
1.
2
3.
4
APPLICANT'S NAME: Tom van Arsdale
LOCATION OF PROJECT SITE: 8520 Bald Eagle Lane adjacent to the Atlantic Intracoastal
Waterway and Middle Sound, in Wilmington, New Hanover County.
Photo Index- 2000: 22-279, M, N-14 1995:22-262,M-15 1989:4-175-13,T-7
State Plane Coordinates - X: 2378628 Y:200250
INVESTIGATION TYPE: CAMA
ROVER FILE # - 0-082415B
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8-24-04
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 7-29-04
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water)
(B) AEC(s) Involved: PT, EW, OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic System
Planned - N/A
(F) Type of Structures: Existing - Single Family Home (to be relocated), damaged pier and pilings
Planned - Pier (6'x 216), 1 gazebo (14'x 14'), 2 Boatlifts (14' x 15'),
(6'x 8'), and 1 floating dock (6'x 33')
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7.
8.
HABITAT DESCRIPTION: [AREA]
TAR FTX'Tm FTT.T .F.D OTHF,R
(A) Vegetated Wetlands (Low Marsh) 1296 sq. ft.
(Shaded)
(B) Non-Vegetated Wetlands
(Open water) incorporated
399 sq. ft.

(C) Other
(D) Total Area Disturbed: 1695 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
PROJECT SUMMARY: The applicant proposes'the construction of a private pier that would
terminate in a gazebo with (1) floating dock and (2) boat lifts.
van Arsdale
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 8520 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway and
Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highwayl7),
turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn left onto Bald
Eagle Lane and travel north approximately 0.3 miles. The property of interest would be located on the
right at 8520 Bald Eagle Lane. The lot is approximately 1.2 acres with 100' of shoreline frontage and
averages 20 feet above mean sea level. The applicant's property consists of an abandoned single-family
residence, which is currently being relocated off the property to another site. Upland vegetation, consists
of hardwood species which include Oak, Dogwood, Pecan, Pine and Cedar. Other present upland
vegetation consists of Pampas grass and lawn grasses in an area of approximately 50 feet wide, which
transitions into the high marsh of mixed coastal wetland and "404 type" vegetation including Marsh
Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), Cattail (Typha spp.), Wax Myrtle
(Myrica cerifera L.), Sea Ox-eye (Borrichia frutescens), Marsh Pennywort (Hydrocotyle umbellata L.)
and Salt Meadow Grass (Spartina patens). Low marsh consists primarily of Smooth Cordgrass
(Spartina alterniflora), which covers an area approximately 112 feet wide to the AIWW and Middle
Sound.
The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent
high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle
Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary.
Nursery Area by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a private pier system at a distance 216 feet towards the AIWW. The
pier would extend approximately 120 feet waterward of the outer edge of coastal wetlands and would
terminate in a gazebo (14' x 14') over open water with (1) (6' x 33') floating dock and ramp placed on the
southern side of the pier perpendicular to the AIWW. In between the northern side of the floating dock
and the southern side of the gazebo would be placed (1) (14'x 15) boat lift. An additional boat lift (6'x
8') would be placed landward of the ramp leading to the floating dock, which would be attached to the
southern side of the pier. The structure would provide docking space for up to three (3) vessels.
10. ANTICIPATED IMPACTS
The proposed pier system construction would incorporate 399 sq. ft. of Estuarine Waters and Pubic Trust
Area. Minor increases in turbidity should be expected during construction. The proposed pier would
extend approximately 120 feet into a waterbody which measures approximately 600 feet across. This
distance would conform with the 1 /4 width rule and the established pier lengths. As proposed, the
applicant's proposal would not encroach into the 80 foot setback from the AIWW.
Submitted by: R.Mairs Date: 8/31/2004 Office: Wilmington