20091349 Ver 1_Other Agency Comments_20100512

5
Permit Class Permit Number
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
36-10
Issued to Ann Shuler, PO Box 56, Swansboro, NC 28584
Authorizing development in Onslow County at White Oak River, 167 Front Street,
Swansboro , as requested in the permittee's application dated 11/23/09, including the
attached workplan drawings (5) all dated 11/5/09
This permit, issued on May 12, 2010 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non-water dependent uses of structures shall
be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
August 21, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Ann Shuler Permit #36-10
Page 2 of 3
ADDITIONAL CONDITIONS
3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor to the North.
4) Should the waterfront lot to the South be sold prior to the initiation of construction of the docking
facility, the permittee shall obtain a written agreement from the new owner(s) agreeing to allow the
construction of the permitted docking facility within the riparian corridor of that property, and a copy of
the new agreement shall be submitted to the Division of Coastal Management prior to initiating
construction of the docking facility.
5) No attempt shall 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.
6) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
7) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) This permit authorizes seven (7) formalized boat slips.
General
10) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused
thereby, without expense to the United States or the state of North Carolina. No claim shall be made
against the United States or the state of North Carolina on account of any such removal or alteration.
11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
12) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
13) This permit does not authorize any upland development without permit modification.
Ann Shuler
ADDITIONAL CONDITIONS
Permit #36-10
Page 3 of 3
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-1349.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-00060 which was issued on 1/11/10.
Bawl
Armunum
I(last rrvised 12127/06)

North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Appikan>d Landowner Inftm don
Business Name Project Name (it applicable) t
N/A N/A a
Applicant 1: First Name MI Last Name DkC 12009
Ann C. Shuler
Applicant 2: First Name MI Last Name
1 "?
ea QtV L)L
?
N/A WA N/A •
If additional applicants, please attach an addWonal page(s) with names listed.
Mailing Address PO Box City State
56 Swansboro N.C.
ZIP Country Phone No. FAX No.
28584 United States 910 - 391 -9999 ext. N/A - -
Street Address (if different flvm above) City State ZIP
137 Front Street Swansboro N.C. -28584
Email
N/A
2. AgenlbCon&W for In>harn"on
Business Name
Charles A Rawls & Associates, Pa
Agent/ Contractor 1: First Name MI Last Name
Charles A Rawls
Agent/ Contractor 2: First Name MI Last Name
DeWittt TC Cleve
Mating Address
PO Box
City
State
1117 Hamock Beach Road 1127 Swansboro N.C.
ZIP Phone No. 1 Phone No. 2
28584 910 - 326 -1408 ext. 910 - 389 -2126 ext.
FAX No. Contractor fi
910 326 1400 N/A
Street Address (d different from above) City State ZIP
WA N/A WA N/A -
Email
[e-mail]
<Fonn continues on back>
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Projwt Location
County (can be multiple) Street Address
d
Onslow i
137 Front Street t
Subdivision Name City State Zip rr
?
N/A Swansboro N.C.
?`284A 22 On on 9
Phone No. Lot No.(s) (if many, attach ad ' list
910 -326 -3583 ext. N/A, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
White Oak White Oak River
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?Unknown Bogue Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work fags within.
Swansboro
4. Si1te Descrijtaioi?i
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
61.85' 4763.60 sq. ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A, NWL (normal water level)
(6
(if many lot sizes, please attach additional page with a Nst) 4' CKNHW or I NWL
t2lqM
e. Vegetation on tract
Marsh grass as shown on attached map.
f. Man-made features and uses now on tract
One story building which is used for retail buisness.
g. Identify and describe the existing land uses a oac em to the proposed project site.
The property to the south is a vacant lot, beside that lot is a retail business. The property to the north is retail business.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
B2 (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No ®NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ®Yes ?No ?NA
National Register listed or eligible property?
P
M
<Forrn continues on next page>
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes ?No
(Ii) Are there coastal wetlands on the site? ®Yes ? No
(iii) If yes to either (i) or (1) above, has a delineation been conducted?

(Attach documentation, if even7abie)
VAN
t
n. Describe existing wastewater treatment facilities. Wil
A
Public sewer
i '1009
o. Describe existing drinldng water supply source. ore og I
Public water supply
p. Describe existing storm water management or treatment systems.
There is no storm water on site. The town has strom water within the town streets.
& Acffvhies and /nitpacts
a. Will the project be for commercial, public, or private use? ®Commercial ?Public/Govemment
? Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
This pier will be used for private dockage as well as boats not belonging to the owner. Owner may have tour boat using the
end slip. Parking for this dock will be on Front Street, public parking.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
This application is for the construction of a dock for 7 boat slips. The equipment used will be a floating barge with a backhoe
and pumps in order to drive piles for the construction of the dock. All equipment will be on site.
d. List all development activities you propose.
Building of a dock with a platform and finger piers.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land area resulting from the proposed project? WA ?Sq.Ft or ?Acres
g. Will the proposed project encroach on any pubic easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
There will be no discharge from this construction.
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
Form DCM MP-1 (Page 4 of 4)
PPLICATION for
evelopment Permit
DEC Z 2009
& Addidonei /nformailon
In add bon to fts completed applkatlon Awn (W1) the f 1 wfng term beJmv, ibr Me appicawn
package to be complete. Mars (a) - (Q are always applicable to any m*r development a .1p16 ' a n
induction booldet on how to property prepare Me ragWred Mems below
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Name Thomas E. Hawkins Phone No. 252-566.9497
Address 409 Fire Tower Road, Lagrange, N.C. 28M
Name Marjory S. Conder Phone No. 910-326-5383
Address P.O. Box 56, Swansboro, N.C. 28584
Name Phone No.
Address
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
46781, Ann C. Shuler, 10/18/06
h. Signed consultant or agent authorization form, if applicable.
L Wetland delineation, if necessary.
j; A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. C&tMk ftr and Pa-INSSlon to iFi17W on caner
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 the conditions and restrictions contained in the permit
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.
Date ??? Print Name Arm e.
f
Signature
Please indicate application attachments pertaining to your proposed project.
?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
?DCM MP-3 Upland Development
®DCM MP-4 Structures Information
Form DCM MP-4
STRUCTURES
3.2009
(Construction within Public Trust Arras)
ftehogtd City DCM
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to ce all r section of the Joint
Application that relate to this proposed project Please include all supplemental information.
1. DOCKING FACUTYAWAR/NA CNARACT'ERISTICS
a. (1) Is the docking facility/marina:
OCommercial ?Public/Govermert ?Pdvate/Community
? This section not applicable
b. Q) Will the facility be open to the general public?
?Yes ONO
c. (1) Dock(s) and/or pier(s) d. (1) Are Finger Piers included? Oyes ONO
(ii) Number 1 If yes:
(iii) Length 120' (ii) Number '3
(iv) Width 6' (Iii) Length 12.5'& 20'
(v) Floating ?Yes ONO (Iv) Width L'
(v) Floating ?Yes ONO
e. (i) Are Platforms included? ®Yes ?No f. (i) Are Boatlifts included? ?Yes ONO
If yes: If yes:
(ii) Number 1 (H) Number
(IN) Length 3' (IN) Length
(IV) Width 10' (iv) wxidm
(v) Floating ?Yes ONO
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed h. Check all the types of services to be provided.
7 ? Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing maintenance service
? Dockage, fuel, and marine supplies
0 ® Dockage ("wet slips") only, number of slips: 7
? Dry storage; number of boats:
? Boat ramp(s); number of boat ramps:
? Other, please describe:
i. Check the proposed type of siting:
? Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water; no dredging required
?0ther; please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Mixed tvaes
k. Typical boat length: 18145'
m. (i) Will the facility have be pilings?
®Yes ?No
(N) if yes number of tie pilings?
10
1. (1) Will the facility be open to the general public?
?Yes NO
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITYI NARINA OPERA77ONS ? rnis section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
? Office Toilets
? Toilets for patrons; Number: Location: N/A
? Showers
b.
? Boatholding tank pumpout; Give type and location: N/A
c. Describe the disposal of solid waste, fish offal and trash. e1?I®reh®m41 ?i City DCAA
C- C)a C4a-,%C +- Ti t1., o;c,k u lin? 'T' n, I-Wq605 y
d. How will overboard discharge of sewage from boats be controlled?
s1 91.c,cle- - ao Ci Lj,kt% it e. (i) Give the location and number of *No Sewage Discharge" signs proposed.
2 signs, One on the platform area and one half way between slips.
(ii) Give the location and number of'Pumpout Available' signs proposed.
N/A
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
WA
h. Give the number of channel markers and 'No Wake" signs proposed. N/A
I. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
N/A
j. What will be the marina policy on overnight and five-aboard dockage?
There will be no ovemight stay or live-aboard dockage.
k. Describe design measures that promote boat basin flushing?
WA
1. If this project is an expansion of an existing marina, what types of services are currently provided?
No, None
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
?Yes MNo
Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docidng facility proposed within or adjacent to any shellfish harvesting area?
?Yes MNo
o. Is the marina/docking facility proposed within or adjacent to coastal wellandstmarsh (CW), sUbMerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
®CW 966sf ?SAV ?SB
?WL ?None
p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ?Yes NNo DEC 1 2009
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
Morehead Clit J ®C,M
3. BOATHOUSE rffxkm" covered h ts) 0This section not appilicable
a. (I) Is the boathouse structure(s):
?Commercial ?Public/Govemment ?Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e. g., wood, shsetple, etc. If a rock quin, use MP-2, Excavation and FN) ® This section not applicable
a. (i) Number
(ii) Length
(iii) Width
& BREAKWATER (e.g., wood, shestple, eta) 0 This section not. appdcabla
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PIUNGS and BUOYS ® This section not appkable
a. Is the structure(s):
?Commercial ?Pubiic/Govemment ?Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
7. GENERAL
Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
isa ff1c. iz'"'1°Y
Note: For buoy or mooring pding, use arc of swing including length
of vessel.
b. Proximity of structure(s) to adjacent docidng facilities.
q s,* 45` C73 '24q 107
c. Width of water body
e. (i) Will navigational aids be required as a result of the project?
?Yes ?iW ?NA -0-0 MI'ltog
(ii) If yes, explain what type and how they will be implemented.
d. 'Water depth at waterward end-of structure at NLW or NWL
DEC 12009
MOMhead City CCA4
l & OTHER ® This section not arppNaable
l a. Give complete description:
q kslo
Date
I A,
Project Name
PLANNING • MAPPING
SUMMING Charles A. Rawls & Associate
4

h
P.O. Box 1126
1117 Hammocks Beach Rd. 910-326-1408 Phone
Swansboro, N.C. 28584 910-326-1400 Fax

E-mail. CRARMASSO(@ec.rr.com

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Date: 5 eg

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