20020729 Ver 1_COMPLETE FILE_20020509

MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: BShiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jeffrey Simmons County Brunswick
Project Number 02 0729 County2
Recvd From DCM
Received Date 5/9/02
Recvd By Region
Region Wilmington
Project Type floating docks
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ma
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA Waters F7 O N 18-87 SA 30,624. 0.02 ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y O N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q 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:
A 401 Gertification is not required for this pro j,et; however, this office strongly opposes this p ro -ect
as proposed and recommends that the CAMA Major Permit should not be issued. The site is
currently in violation for constructing a portion of the proposed project without a permit: Review of
aerial photographs dating back to 1989 reveal that Mr. Simmon has constructed walkways, piers, and
floating docks without the ILNppermits on numerous occasions. Based on correspondence from
Shellfish Sanitation, the proposed eject would cause the closure of shellfish beds. In addition the
floating docks that have recently been constructed without a permit will cause a closure if they are
not removed immediately. The number of docking spaces cannot exceed 10 within 100 feet. This
includes adjacent neighbors' docking spaces that are existing or imposed for the future. After
reviewing the most recent plan, it appears that at a minimum (not yet taking into account the adjacent
neighbors), the two stand alone floating _docks must be removed
cc: Regional Office
Central Office Page Number 1
Facility Name Jeffrey Simmons County Brunswick

Project Number 02 ` 0729 Regional Contact: Noelle Lutheran
Date: 10/30/2002
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
\o?pF vvH?F9oG
O
June 27, 2002
rmicnaei r. rasiey, governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL: 7002 0460 0000 4340 3962
RETURN RECEIPT REQUESTED
Mr. Jeffery Simmons
1315 Cedar Landing Road SW
Supply, NC 28462
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Bellamy's Seafood
PROJECT # 020729
Brunswick County
Dear Mr. Simmons:
This Office is placing your project on hold until we receive the following additional
information:
1) A plan that better depicts the layout of the proposed boat docks.
Please respond within three weeks of the date of this letter by sending a copy of the
information to myself and to Cyndi Karoly, Raleigh Wetlands Unit [phone]. If we do not
hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn. If you have any questions, please feel free to call
me at [phone].
S
Joanne Steenhuis
Environmental Specialist III
-cc: yndi!Xaroly -Wetlands Group
Henry Wicker - US Corps of Engineers
WiRO
Ex127 Cardinal Drive L, Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

,,,. v, uw uaw iiig anu iaruy INMICe, 6126/U2
Subjecti Re: WiRO Tracking and Tardy Notice, 6/26/02
Date: Wed, 26 Jun 2002 17:36:33 -0400
From: Joanne Steenhuis <[e-mail]>
To: Cyndi Karoly <[e-mail]>
CP&L 02-0846 permit going out tommorrow (6/27/02)
Oak Pointe - 02-0775 placed on hold... talked to consultant, they were having
to resubmit info for COE and did not notify us (6/26/02)
Village of Bald Head - 02-0809 no 401 is needed
Todd Woodard - 02-0731 permit written (5/20/02)
Jeffery Simmons - 02-0729 waiting for a shellfish closure call...
Cyndi Karoly wrote:
> Hi Joanne and Noelle.
> Below is this week's 401 Tracking Notice for the Wilmington Regional
> Office. The Central Office has not received your recommendations for
> these projects as of June 26, 2002. If you have not received any
> application, please let me know and I will fax it to you. Please take
> note of the date received in the Central Office and the 60-day clock
> projection. If we do not have your comments by two weeks before the
> clock expires, we may have to prepare the 401 without incorporating your
> comments, in order to avoid waiving the 401. Two weeks from today, the
> application will be forwarded to the appropriate Central Office staff
> member (Danny Smith) if we do not have Regional Office comments by
> then. The CO staff will then consult you if time allows and make a
> recommendation on the 401 to John Dorney.
> TRACKING:
> 401 Applications:
> DWQ No. Project County Permit Type Received Expires
> 02-0846 Carolina Power and Light Company, New Hanover Co.,
> CAMA, 5129102 7/27/02
> 02-0775 Oak Pointe, c/o Miriam Speicher, Brunswick Co., NW
> 18 5120102 7/18/02
> 02-0809 Village of Bald Head Island, Brunswick Co., CAMA
> 5120102 7118102
> Please use the staff recommendation sheet in Filemaker Pro, and then
> notify me that the report has been filed. My e-mail address is
> [e-mail] or you can call me at 919-733-9721.
> There are two tardy projects for your region this week, listed on the
> attachment. I've passed these files along to Danny Smith, so you'll be
> hearing from him soon.
> Thanks very much for your attention.
> ------------------------------------------------------------------------
> Name: Tardy Projects.doc
> . Tardy Projects.doc Type: Winword File (application/msword)
> Encoding: base64
> Download Status: Not downloaded with message
Joanne Steenhuis <[e-mail]>
I of 2 6/27/02 10:06 AM
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
May 6, 2002
W E 1
MEMORANDUM _l
®Z (?'? 2 MAY 92002 ;
TO: Mr. John R. Dorney ,.
Division of Water Quality WETAMS GROUP
,m,.- WA7E? QUALITY SECTION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jeffrey N. Simmons
Project Location: 1315 Cedar Landing Road NW, North side of AIWW and west of Holden Beach Bridge,
Brunswick County
Proposed Project: Proposes to add three floating access docks to the existing facility in order to provide
better service for clients.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 28, 2002. If you have any questions regarding the proposed project, please contact Bob Stroud at
910-395-3900. 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 Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50%a Recycled \10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANTS NAME: Jeffrey Neal Simmons
2. LOCATION OF PROJECT SITE: North side of AIWW and west of Holden Beach Bridge, Brunswick
County
Photo Index - 2000: 4-40 gr P-Q, 11-12 1995:4-39 gr P-Q, 11-12 1989: 1 184 29 gr J-K, 12-13
State Plane Coordinates - X: 2224100 Y: 61900
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 9, 2002
Was Applicant Present - yes
5. PROCESSING PROCEDURE: Application Received - cc: April 16, 2002
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Conservation/Transition
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: To ensure existing facility is in compliance with regulations.
(E) Wastewater Treatment:Existing on site septic
Planned - n/a
(F) Type of Structures: -Existing - 2 two bedroom houses; 1 icehouse; 1 workshop; 1 storage
shed; fuel tanks and an over water fish house.
Planned - Add three floating access docks.
(G) Estimated Annual Rate of Erosion: n/a
Source - n/a
7. -HABITAT DESCRIPTION: -[AREA]
nQ?nr_?n GTI i 9=n n-ruco
,(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands(open
water) shaded
Appx 972 s f
(C) .Other ,
(D) Total Area Disturbed: Approximately _972 s. f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT` SUMMARY: The applicant proposes to add three floating access docks to the existing
facility in order to provide better service for clients.
FIELD INVESTIGATION REPORT:
Jeffrey Deal Simmons
PAGE #2
---------------------------
9. NARRATIVE DESCRIPTION: The project is located on the north side of the AIWW west of the Holden
Beach bridge. It can be reached by turning right on the service road just before the bridge approach.
A Bellamy's Seafood sign identifies the property. The property has been used for seafood sales and
.commercial boat docking for many years. When Mr. Simmons acquired the property he added
unauthorized piers and included jet ski rentals in the services offered at the facility. Mr. Simmons
received a notice of violation for the unauthorized docks and piers and he cooperated fully in the
removal of the non-conforming structures. He has now applied for a major permit in order to
reconfigure the docking in order to be in compliance. At present there are two primary water access
;:piers located on the property. At the west end there is an existing pier that accesses an "L" fixed dock.
The pier is approximately 83'x 6' and the dock is approximately 7'x 75'. Toward the center of the
property is located an over the water fish house. This structure is "L" shaped and the long arm
measures approximately 62' x 20' and the shorter arm which parallels the AIWW measures
approximately 57' x 30'. This structure is surrounded by decking/piers that provide access to the
waterside of the structure from both sides. A set of crab shedders are also associated with the fish
house and are located at the landward side as well as a fueling station. There is also a large deck
located on the waterside of the building identified as the shop which measures approximately 39'x 38'.
The shoreline of the property has been bulkheaded in the past.. The width of the AIWW at the project
site is approximately 324. The adjacent waters are classified as SA by the NCDWQ and are open to the
taking of shellfish. The waters are not designated as a primary nursery area. The depth of the waters
vary but are approximately -7' mlw at the ends of the proposed piers. The applicant proposes to
construct new piers that will provide boat and .service access to.his facility. Between the west side pier
and the fish house the applicant proposes to add a floating pier measuring approximately 48'x 6' to
provide docking access. On the east side of the fish house the applicant proposes to add two floating
access piers each measuring approximately 48'x 6'. One of these will serve as a fueling dock and the
other will provide docking :access. 'These two piers are connected by an approximately 18' x 6'
structure. This structure will be blocked from access from the water and will only allow foot traffic from
one -pier to the other. -The applicant has indicated that a total of 8 slips will be provided by the existing
and proposed development. The applicant initially indicated that he would convert a portion of the high
ground of his property to a recreational facility but he has indicated that he now wishes to delay that
development.
10. ANTICIPATED IMPACTS: The applicant is proposing to bring his facility into compliance with the
existing regulations. He-removed all non-authorized structures and is now requesting -to construct three
floating access docks in order that he may operate his existing facility more .efficiently. These
structures -are all perpendicular to the water and, are limited to 6' in width. The addition of the
connector access between the eastern two docks will have limited -access _and is not 'included in the
square footage allowance of the facility. There is no increase in the -square footage for the facility
beyond the existing structures. The existing structures are encroaching within 80' of.the near edge of
the AIWW channel. This line is depicted on the plan view as -the diagonal line running from east to
west. One of the proposed piers will be landward of the 80' and the other two piers are equal to the
encroachment of the existing fish house and associated piers. Although there does not appear to be
an impact on public navigation a statement from the U S Army Corps of Engineers navigation section
must be obtained prior to final -authorization.
PROJECT NARRATIVE
Project consists of placing three floating docks for the purpose of riparian access.
Docks to be constructed of pressure treated wood. Size of docks to be 6'x48' each.
Eighteen hole mini-golf course to be constructed from all natural materials, including
the actual putting surface. Sod, shrubs and a few palm trees will be the materials needed.
Jeffery Neal Simmons
3/20/02
?LL
r, 7
: _ [[ rye.:; 'Cl?T
?. i
Form L#CM-MP-1
I' 7? :.
?

_
rt ''i ? v L i {
APPLICATIO
'
"??
,
..
,
EE.t r. n piar, 7
,
(To be completed by all applicants)

b. City, town, community or landmarE
1. APPLICANT
c. Street address or secondary road numper
a. Landowner: -
T-
Name Se?!Fe ru NeA( S;MrnnNS d. Is proposed work within city limits or planning
jurisdiction? Yes No
Address l 3? 5 Ce&tt L,wd,j+q Rd 50
e. Name of body of water nearest project (e.g. river,
city State N C creek, sound, bay) Z C W
Zip C? Bytez Day Phone 910
FaAonw-W33 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name a. List all development activities you propose (e
g
.
.
building a home, motel, marina, bulkhead, pier, and

Address excavation and/or filling activities.
•
ACL4 3 F
{Fiya Aee55 Docks'
City State 18 4-Eo 1 e INI i u; l Ccxt,u C
Zip. Day Phone
Tax
C. :Project name (if-any)
b. Is the proposed,activity maintenance of an existing
project, new work, or both? :-F>a_{:L
c. Will the project be for public, private or commercial
.use?ub??G
NOM Permit will be isured in nam of landowner(s), and/or
project narne.
2. ,LOCATION-OF PROPOSED
PROJECT
a. County _9ru N Sw, ck
=d. Givea brief description ofpurpose, Luse, methods of
construction .and -:daily operations of proposed
project. If more s ace Is needed, please attach
-additional pages* LOCI IV o t N
o
DCk? C' Ute- -Qor• Aoc?eK oV
il" + 2-mik 44d -PAQ,11 e.C .
+
-?
Sl,.u.6s, e?/c Dar,.v ?r se?csw a/.o_?v.__,
Revised 031,95

Form DCM-MP-1
?1 { e I? ? ?, 7 11 1 h
is ? qq r. ? nn net ti ((
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract < < 3 7 Arne
b. Size of individual lot(s) < , J 1 Acre
c. Approximate elevation of tract above MHW or
NWL
d. Soil type(s) and texture(s) of tract
mlu LOAM,
e. Vegetation on tract VP_k Trees
f. Man-made features now on tra 4- AW ?4.0 ?1 /?auru
.ice ?rulc ?LvblYEs?iciO ?(??
g. What is the CAMA Land Use Plan land
classification of the site? (cmmu &e loca laid use plan.)
_ Conservation Transitional
_-.Developed Community
Rural Other
h'. -How -is -the tract .zoned by local government?
Cain w.erc?a
i. _Is?thepropos prolectconsistentwith the applicable
.mooning? Yes :No
(A=ch zwdn8.mmp14m a.tt,f-ae, if appli=bk)
j. Has 'a -professional :archaeological assessment been
done for:the'.tract? Yes -,_X_,No
'If yes, by-Whom?
k. -Is the project located din -a National Registered
Historic -District or does -it :involve -a National
Register listed: or eligibleproperty?
Yes _, , _ No
1. Are-there wetlands on the site? Yes No
Coastal (marsh), Other
If yes, has a delineation been conducted?
(Anad, donowntadon, if available)
m. Describe existing wastewater treatment facilities.
oN s/ re sEPrrc
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.)
o. Describe existing drinking water supply source.
cau ury PuBL/ 5klogy
5. 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 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 lo scaledn black
-ink on :an 8 1/2" by 11'" white Paper..:(Refer to
Coastal Resources -Commission 'Rule 7LO203 for :a
detailed .description.)
-Please note that original drawings:arepreferred -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 03/45

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
4ave 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
mrther certifies that such notice has been provided.
Name ree u?
Address 3 3 S ,4 -e/+ d,4 Dr.
Phone 0- g-e lelle A IC - o2ea17
Name --Teri, - J--r 5eAW Z, WAi *
Address ?o 8-0x & 9 9
Phone C,4,e?l , Ale .275-//
Name
Address
Phone
• A 'Est.of previous state or federal permits issued for .
work on the project tract. Include permit numbers,
permittee, and :issuing. dates.
• A check for SM madepayable to the Department:of
Environment, Realth, 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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 0319S
6. 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 conditions
and restrictions contained in 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 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.
ih ZOO-2-
This is the. ZD day of. A2C? , g
Print.Name -Te
Signature
7mid ,- . du&oriza.,lg=u
Please indicate attachments pertaining to your.proposed
project.
DCM -MP-2 Excavation and F lI Information
`DCM'MP 3 Upland Development
DCM.MP-4 Structures:Iaformation
: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.
J I
i? A -7 /1?61 iyl1 ;? 7,,
y {
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0 .f"iS E r ii l' E"? ?'?? IV, .rte. (ft?
'. i.- 4lu 1'i F V : t=' E I ?r
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-I. 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 3 F1r u;,r b?cks (,' X Hg '
b. Number of lots or parcels
c. Density (giethe number of residential units and the
units per acre) Z , Z Lt PA
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. SUC78 s
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 planat
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, -or concrete) to :be used for paved surfaces:
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious :and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. /4moo
Lv?2 i ? .
1% C
ti;F.?s t: riN/,rSEIvIl N
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.
/?N S/TE SEf?T?C
j. Have the facilities described in Item i. above
received state or local approval? UeS
(Attach appropriate docuffsentadon)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
? I. Describe proposed drinking water supply source
(e.g. -well, community public system, etc.)
co
:m. Will water be impounded? Yes X No
If yes, how many acres?.
n. If the project is a oceanfront development, hen
was the lot(s) platted and recorded?
"Revised 03/95 400 copies of this public document were printed at a total cost of $7.00 or $.02 per copy.
Form DCM ?kiP-4
Sr"UCT
tAIES
(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) -X Commercial _Community _ Private
(2) Number 3
(3) Length - K g
(4) Width
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(6). Platform(s) Yes X_ No
(i) Number
(ii) Length
Oil) 'width
(7) Number of slips proposed
.(8) Proximity of structure to adjacent riparian
property lines Z©+
(9) `Width .of -water body - 3 2
(10) Water depth .at waterward end of _pier at
3ALW or.NWL 7e
b. Boathouse (mcluding covered -lifts)
(1) :Commercial Private
(2) --eapth
"(3) Width
c- -'Groin (e-g. -wood, zlieerpile, etc.)
(1) Number
(2) Length(s).
d Breakwater (e.g. wood, :sheetljde, .etc.)
(1) Length
(2) Average distance from :MI3W, NWL or
-wetlands
(3) Maximum distance beyond MJiW, NWT or
wetlands
'i
U fu-2
(-: --t (. .-.• ?.?. ; i ( ism. V f G E
e. Mooring buoys
(1) Commercial -Community _ private
(2) Number
(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 structure (boatlik mooring pilings, etc.)
(1) Commercial -Community _ Private
(2) Number
(3) Length
(4) . Width
g. Other (Give tot. PL, desrriptinn)
Revised 03/95
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