20020963 Ver 1_COMPLETE FILE_20020617

MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhu0s
Non-Discharge Branch WQ Supervisor: B Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name William H. Cooper County New Hanover
Project Number 02 0963 County2
Recvd From DCM Region Wilmington
Received Date 6/17/02 Recvd By Region
Project Type pier construction
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA Waters O Y OO N 118-87-25.7 SA ORW 30,624. 0.03 I F_
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 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
No 401 is needed,
cc: Regional Office
Central Office Page Number 1
?
QNCDEN
R
N
orth Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
June 12, 2002
MEMORANDUM op 9 c
TO: Mr. John R. Dorney V
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William H. Cooper
Project Location: 6327 Old Military Road, New Hanover County
Proposed Project: Install a second pier on his property to provide water access to the Cedar Island Basin
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 3, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks 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% Recycled \10% Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT' S NAME: William H. Cooper
2. LOCATION OF PROJECT SITE: 6327 Old Military Road, off Greenville Loop Rd., adjacent to
Cedar Island Basin, in Masonboro Sound, New Hanover Co.
Photo Index - ZM: 22-271 L,M-11,12 199-5: 22-253 K,L-15,16 JM: 4-175-30 M,N 16,16
State Plane Coordinates - X: 2352679 Y: 162173 Rover File: 0051520A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/15/02
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 5/17/02
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover Co./Wilmington
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW,PT,CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned -None
(I) Type of Structures: Existing - Single-family residence, private pier
Planned - Additional pier
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
8
HABITAT DESCRIPTION: [AREA]
T)RRilr.Fr) 1PT7 7 TM nTUnn
(A) Vegetated Wetlands - Shaded 930 s ft.
(B) Non-Vegetated Wetlands - Open
water/mud bottom 270 sqft.
(C) Other -
W) i oiai area Dmurnea: t Luu sgtt.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: No
PROJECT SUMMARY: The applicant proposes to install a second pier on his property to provide
water access to the Cedar Island Basin.
William H. Cooper
Page Two
9. PROJECT DESCRIPTION
The project site is located at 6327 Old Military Road, off Greenville Loop Rd., adjacent to the Cedar
Island Basin, in Masonboro Sound, in New Hanover County. The property consists of a peninsula lot,
approximately 2 acres, where the applicant maintains his private residence. The average elevation of the
property is approximately 5 feet above mean high water. The highground is landscaped with shrubs and
maintained as a lawn, and there is an existing pier and floating dock extending from the northeast side of
the property into a shallow tidal bay. The existing pier is 123 ft. long X 6 ft. wide, terminating in an L-
shaped platform, 20 ft. long X 22 ft. wide (18' X 20' covered), an open deck (15' X 8'), a floating
dock (16 ft. long X 11 ft. wide), and an adjacent 2-boat boatlift. The southeast corner of the property
abuts the upper end of the Cedar Island basin/canal. The open water area is approximately 40 feet wide
and it extends approximately 65 feet north of the small bridge which provides access to the Cedar Island
residents. There are two (2) existing pilings on the west side of this water area and water depths are
about 12 inches at mean low water (MLW). There is an existing New Hanover County sewer line and
sewer easement on the north side of the open water area. There is a border of coastal wetlands along
three sides of the applicant's lot, ranging from 100 to 240 feet in width. It is predominantly Smooth
Cordgrass (Spartina alterniflora), but also includes Black Needle Rush (Juncus roemarianus), Spike Grass
(Distichlas sgicada), Sea Lavender (Lumonium, spp.), Saltwort (Salicornia, spp.), and Salt Meadow
Grass (Spartina patens) in the transition from regularly flooded saltmarsh to high saltmarsh. Sea Oxeye
(Borrichia frutescens) prevails in the higher marsh and shrub vegetation including; Marsh-elder (Iva
fii escens), Grounsel-bush (Baccharus halimifolia), and Wax Myrtle (Vyrica cerifera) are numerous
along the shoreline transition to highground. In addition, there are some larger pines and Red Cedar on
an island hummock in the southeastern area of the adjacent marsh border.
In the project area, the waters of the are classified as SA-ORW, by the NC Division of Water Quality,
and they are CLOSED to the harvest of shellfish. These waters are designated as Primary Nursery
Area (PNA), by the NC Division of Marine Fisheries.
The applicant proposes to construct a second pier on the southeast side of the property to access the
Cedar Island Basin. The applicant's wife is an avid sculler and is unable to utilize the existing pier, as
the shallow bay goes dry during low tide. The proposed second pier would be accessed from the yard
area by a mowed footpath across the New Hanover County sewer easement. The new structure would
consist of an elevated walkway (160 ft. long X 6 ft. wide), terminating in a L-shaped platform (12 ft.
long X 10 ft. wide). A floating dock (20 ft. long X 6 ft. wide) would be installed, between the two
existing pilings, on the south side of the pier.
10. ANTICIPATED VAPACTS
The construction of the second pier would incorporate 240 square feet of Estuarine Waters and Public
Trust Area. The proposed structure would shade approximately 1200 square feet of coastal wetlands
(930 sq.ft.) and shallow bottom (270 sq.ft.). The proposed floating dock would rest on the mud
bottom at low tide.
Submitted by: E.F. Brooks Date: 6/7/02 Office: Wilmington
Fdrm DCM-M -1 II
? M ' r 7002 j i
A D1VISi . -
cogsrri r?L N??,
? , r???.
PPLICATION JL
G
`MEe
cro be completed by all applicants)
b. City, town community or landmark
1. APPLICANT aroN
c. Street'address or secondary road numbe
a. Landowner: '2?3S l?tr? n1 ??-wn y p
Name t.t,? y, eooPE2
?-z
Address G t?A124 ?n _
City W IL?1t?NGToN State- _tC _
Zip I40-1 Day Phone
Fax
---------------
b. Authorized Agent:
Name GLI S
FGUC.wYo?y CaVSiUrAA4 r
Address (3f•3 ?,?o?ea., c--r_.,, _
City State
Zip 2JLq 01 Day Phone 31 b • GS33
Fax ?'rb • c}? - /.,fit 33
c. Project name (if any)
_.L.?f? D A R S LW N D? AS / ?,J p??_
NOTE; Perndt wiU be iuued to name of Lndowner(r), and/or
projccl name.
2. LOCATION OF PROPOSED
PROJECT
a. County' l o V E12
d. Is proposed work within 'city limits or planning
jurisdiction? __±L_ yes No
e. Name of body of water earest project (e.g. river,
creek, sound, bay) ` 1-
3. DESCRIPTION ANIJ 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.
?i7rttv?•r,r ?i?l'Z
-- ----------------
b. Is the proposed activity. maintenance of an existing
project, new work, or both? _ Na'SJ Lg ..
c. Will the project be for public, private or commercial
use?
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,
c
1AJ
._?S LgNQ 81QS//ll
------------------
Revised 03/95
ZW1 " V
AF's 91 c 2002
Form DCM-MP-1
DIVISION Or
COASTAL MANAGEMENT
4. LAND AND WATER m. Describe existing wastewater treatment facilities.
CHARACTERISTICS
a. Size of entire tract n. Describe location and type of discharges to waters
Of the state. (For cxample, surface runoff, sanitary
b. Size of individual lot(s) _ ,=fi4 wastewater, Industrial/commercial effluent, "wash
c. Approximate elevation of tract above MHW or down" and residential discharges.)
NWL -
.
d. Soil type(s) and texture(s) of tract o. ,Describe existing drinki
SAND water supply source.
e. Vegetation on tract /5!
f. Man-made features now on tract
{'Rtvp 2ENGe_ 5- ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (con.wA&s 1ood kwd use p1,n.) In addition to the completed :application form, the
1 following items must be submitted: .
Conservation _ Transitional
Developed . •Cpmmunity A.'copy o'f'the deed (with 'state application only) or
Rural Other - other instrument under which the applicant claims title
2SSOuPdIF Rtvrwc_r9A to the affected properties. If.the"applicant is not
h. How is the tract zoned by local government? claiming to be the owner of -said property, then
e-? g forward a copy of the deed or other instrument under
whIff the owner claims title, plus written permission
i. Is the proposed roject consistent with the applicable from the owner to carry out the project.
zoning?' ' V Yes No
(each zon4ng conpUanc` cerkicar, (Iapppcable) An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale In black
j. Has a professional atchaeological assessment been
done for the tract? ink on an $; lrl". by.:11" •v{hIte papef., (I;efer to
Yes ?. No Coastal : Resourdes Cori mlis' lon Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does . it involve a,-National only high quality copies will be accepted. Blue-line
Register -listed or edible property? prints or other larger plats are acceptable only If an
Yes t/ No ,. adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps, of
1. Are there wetlands on the site? Yes No Engineers regarding that agency's use of larger
Coastal (marsh) ? Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(Xnoch docuiwntunon, tfaiWlabU) guide agency personnel unfamiliar viith the area to the
Rerised 03/49
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 b n provided.
Name C C
Address
Phone
Name
Address
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.
• 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.
.!_L?11 U1J1CIV Z
a ??c
GOAS _A
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.
This is the GJ 4 day of 9MUL-. 4'9 j_pp Z
Print Nan
Signature
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 date each attachment in the
space provided at the bonom of each form.
Revised 03/95
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
J L.?
FID111C
L,
COASTAL NT
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 /40"
(4) Width 49 f
(5) Finger Piers Yes ? No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) ? Yes No
(i) Number I
(ii) Length / Z.
(iii) Width /O
(7) Number of slips proposed it
(8) Proximity of structure to adjacent riparian
property lines 20
(9) Width of water body 410'
(10) Water depth at waterward end of pier at
MLW -
b. Boathouse (including covered lifts)
(1) Commercial Private
l?l?A (2) Length
(3) Width
c. Groin (e.g. wood, sbeetpile, etc.)
(1) Number
N//A (2) Length(s) -
d. Breakwater (e.g. wood, sbeetpile, etc.)
(1) Length
A (2) Average distance from MHW, NWL or
IA wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _. Commercial
(2) Number -Community -Private
Nip (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 (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
'VIA (2) Number
/ (3) Length
(4) Width
g. Other Give cotq7iete description)
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APR 2 6 2002
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DIVISION OF
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CEDAR ISLAND BASIN
PROPOSED
CEDAR ISLAND BASIN PIER
Dr. William H. Cooper
6235 Old Military Road
Wilmington, NC 28409
April 25, 2002
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CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
April 25, 2002
Project: Application for CAMA Permit
Private Residential Pier for Dr. William H. Cooper
Cedar Island Basin; Wrightsville Sound
New Hanover County, N.C.
Mr. Ed Brooks
N.C. Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405-3845 ,
Dear Mr. Brooks:
S 2002 D
)!1/1C11O'\ OF
COASTAL MANAGEMENT
Enclosed is an application for a Major CAMA Permit for Dr, William H. Cooper at 6235 Old
Military Road, Wilmington, NC 28409 for authorization to construct a private pier from his property into
the waters of the Cedar Island basin north of the Old Military Road bridge at Wrightsville Sound in New
Hanover County, N.C. Dr. Cooper has an existing pier that extends northeastward from his property into a
shallow tidal creek that meanders to the AIWW just south of Shinn Point, but low tides render this pier
unusable for much of each day. The proposed pier will be used primarily by Mrs. Cooper who is an avid
and skilled sculler. Her scull is 27' long and cannot navigate the meandering northern tidal creek at even
partial tides. The mean low water depth at the Cedar Island location is slightly less than 1.0' but will
adequately accommodate the shallow-draft scull and allow access to open water under the bridge and
through the basin to the south. This second pier is located about 250' south of the existing one and extends
into a separate waterbody, however, I understand that because of the previous pier, this application will be
considered a Major CAMA action. Accordingly, I am enclosing a check in the amount of $250 for the
application fee.
The proposed pier is to be located alongside a Sewer Easement owned by New Hanover County.
New Hanover County Engineer, Mr. Wyatt Blanchard has reviewed these plans and advised that the
County had no objections to any work outside their easement and would not object to a filled pathway
extending from the Cooper driveway across the easement. Based on that advice, we are proposing 6 foot-
wide filled pathway to be located on high ground as shown on the plans.
Please contact me if you have questions or need additional information.
Si Y,
, 46r?
Charlie Hollis
Encls: Application
Check #3330
CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
May 3, 2002
Project: Change of Address
Application for CAMA Permit
Private Residential Pier for Dr. William H. Cooper
Cedar Island Basin; Wrightsville Sound
New Hanover County, N.C.
Mr. Ed Brooks
N.C. Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405-3845
Dear Mr. Brooks:
Please reference my letter of April 25, 2002 transmitting an application for the above-cited project.
I have learned today that the correct address for the applicant, Dr. William H. Cooper is 6327 Old Military
Road instead of 6235 Old Military Road as stated in the application. When this property was sub-divided a
few years ago, the lot numbers were changed. Please note this address change in your file, and please
forgive this inconvenience.
me
Charlie Hollis
Cy: Dr. Cooper
ECEHVE'
MAY C 6 2002
DIVISION OF
COASTAL MANAGEMENT

CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
May 17, 2002
Project: Revisions to Application for CAMA Permit
Private Residential Pier for Dr. William H. Cooper
Cedar Island Basin; Wrightsville Sound
New Hanover County, N.C.
Mr. Ed Brooks
N.C. Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405-3845
Dear Mr. Brooks:
6
J "C1?ZVE
MAY 17 2002.
DIVISION OF
COASTAL MANAGEMENT
Please reference your telephone discussion with me on May 16a' regarding the above-cited CAMA
permit application. You had the following questions or suggestions:
1. The fill area proposed for the walkway at the west end of the pier would have to be examined
by the Corps of Engineers to assure that it was not wetlands.
Response: The plans have been changed to show a "cleared and mowed path". The
"touch-down" point of that end will be extended as necessary to end at place where the path
can best be cleared. No future fill will be placed without prior approval of the Corps of
Engineers and NCDCM.
2. The 10' x 10' platform at the east end of the pier appears to be over marsh, and if so can only
be 6' wide.
Response: The elevations shown on the plan are Mean Low Water elevations and the edge of
marsh is at about +2' MLW. The platform as shown would begin at the edge of the marsh on
the north side of the basin.
3. The marsh symbol on the plan should extend to the north and east of the basin.
Response: The plan has been revised to add the marsh symbols.
I mentioned to you that the pier construction would be performed by F&S Marine (Mr. Ed Flynn).
When Mr. Flynn actually stakes the pier on the ground, you may rest assured that your concerns will be
remembered and avoided. Thank you for your call and for allowing me to quickly respond to these matters.
Z! rl??
Charlie Hollis
Encls: Revised Plans (2 sheets)
Cy: Dr. Cooper
Ed Flynn
CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
April 25, 2002
Project: CAMA Application for Pier
Dr. William Cooper
I am acting as an agent for Dr. William H. Cooper of 6235 Old Military Road, Wilmington, NC 28409 in
the preparation and submittal of an application for a permit from the North Carolina Division of Coastal
Management (CAMA) to construct a private pier in the waters of Cedar Island Basin adjacent to Dr.
Cooper's property. Although you received an earlier copy of a sketch of this project from Dr. Cooper, it is
necessary that you receive a copy of the complete application for review and any comment. Accordingly, I
am enclosing a copy of the application for the CAMA permit to construct a small pier and floating dock
into the waters of the Cedar Island Basin. You are invited to furnish any comments to the North Carolina
Division of Coastal Management, 127 North Cardinal Drive, Wilmington, NC 28405-3845.
Please contact me if you have a question or need additional information.
int y,
Charlie Hollis
Encl: Cy. CAMA Application
L^ I
AN, 2 c 2002
DIVISION OF
COASTAL MiANAGENAENT
FRAM CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833 Dec. 25 2001 10:22PM P03
TO WHOM IT MAY CONCERN:
This is to authoz;zo Charlie Hollis to act in my (our) behalf in preparing documents,
drawings, forms, and other items as may be necessary to secure Federal and/or state
permits for the project identified below.
Project Name:.. <k...-.(?t??1..1a!
Location:...... 4:?.Z....Q..? Q, .. /x!.4.4 y-y..
Signed%.... ?.'. ' ?
Date: .............
?. ?. ! 1,?.........................
1,.??9 ?
i pp R
I r. AFt 12 S, 20012
CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
April 25, 2002
Project: Application for CAMA Permit
Private Residential Pier for Dr. William H. Cooper
Cedar Island Basin; Wrightsville Sound
New Hanover County, N.C.
Mr. Wyatt Blanchard, County Engineer
New Hanover County Engineering Department
414 Chestnut Street
Wilmington, NC 28401
Dear Mr. Blanchard:

P R 2 2002
COASTAL ?vl C?r1GF_M ENT
This will confirm our discussion on April 24, 2002 regarding the proximity of the above-cited
proposed pier to the existing NHC Sewer Easement near the east end of Old Military Road. It is my
understanding that the County would not object to the proposed pier being located alongside (but not in) the
Sewer Easement owned by New Hanover County. It is also my understanding that the County had no
objections to a filled pathway extending across the easement. Based on that understanding, we are
proposing six-foot-wide filled pathway to be located on high ground as shown on the plans. The fill would
be less than one foot deep at its south end and the sides would be sloped at a 3/1 angle.
Please review these plans and contact me if you have questions or need additional information.
You may choose to comment to the NC Division of Coastal Management, 127 North Cardinal Drive,
Wilmington, NC 28405-3845.
inc y
Charlie Hollis
Encls: Application