HomeMy WebLinkAbout20070841 Ver 1_CAMA Application_20070515~..
_.__~_
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
EXPRESS PERMIT
May 14, 1007
MEMORANDUM:
TO: Cyndi Karoly
Supervisor
401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Jason Dail
Express Permits Coordinator
SUBJECT' CAMA Permit Application Review
Applicant: Dubek Land Company, LLC
Project Location: 1324 Harbor Watch, adjacent to the AIWW, in Sunset Beach, Brunswick
County.
Proposed Project: To construct a private access pier, gazebo, floating dock and two boatlifts.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 6/6/07. If you have any questions regarding the proposed project, please contact
Jason Dail at (910) 796-7215, 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 ~ ~h-Car -
Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
EXPRESS MAJOR
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Dubek Land Company, LLC
2. LOCATION OF PROJECT SITE: 1324 Harbor Watch, adjacent to the AIWW, in Sunset Beach, Brunswick
County.
Photo Index - 2006: 2-6208, D, E, F, G-21 2000: 2-14, R, S, T, U-5 1995:
State Plane Coordinates - X: 44525 Y: 2135319
Lat: 33°52' 17.384" Long: 78°33' 15.478"
3. INVESTIGATION TYPE: CAMA ROVER FILE # V-042411A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/24/07
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - Completed 5/11/07
Office -Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Calabash
Land Classification From LUP -Conservation (water area) and Developed (upland area)
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -Municipal
Planned -None
(F) Type of Structures: Existing -none, vacant lot
Planned -access pier, gazebo, floating dock and two (2) boatlifts.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED nTHER
(A) Vegetated Wetlands -Coastal and "404 2,828 sq. ft.
type Wetlands (shaded)
(B) Non-Vegetated Wetlands-Open Water 3,270 sq. feet
(Inco orated)
(C) Other -High Ground 480 sq. ft.
(disturbed)
(D) Total Area Disturbed: 6,578 sq. ft.
(E) Primary Nursery Area: Yes
(F`) Water Classification: SA Open: No
8. PROJECT SUNIMARY: The applicant proposes to construct a private access pier, gazebo, floating dock and two
boatlifts on the subject property.
Dubek Land Company, LLC
Page 2
PROJECT DESCRIPTION:
The applicant has requested that the subject CAMA Major Permit application be processed under the Express
Review Permitting Program. The project site is located at 1324 Harbor Watch Drive, adjacent to the Atlantic
Intracoastal Waterway (AIWW), in Sunset Beach, Brunswick County. The undeveloped property is approximately
0.62 acre with roughly 101' of shoreline frontage, and averages 1-33'above mean high water in elevation. High
ground vegetation on the site consists of Live Oak, Pecan, Black Walnut and Maples. Under growth vegetation
consists of Wax Myrtle, Baccharus, Yaupon and Cedar. A steep embankment is located along the southern
property line/shoreline that drops directly off into "404" wetlands. The area of "404" wetland transitions
approximately 50-55' towards the south where the upper limits of Coastal Wetlands begin. Coastal marsh species
include: Cattails (Typha sp), Black Needle Rush (Juncos roemarianus), Spike Grass (Distichlis spicata), Sea
Lavender (Limonium, spp.), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina Alterniflora).
The Sunset Beach Land Use Plan classifies the adjacent waters as Conservation, and the Calabash Land Use Plan
classifies the adjacent high ground portion as Developed. The waters of the AIWW, in the vicinity of the project
area, are classified SA by the N.C. Division of Water Quality. They are designated as a Primary Nursery Area by
the N.C. Division of Marine Fisheries and they are Closed to the harvest of shellfish.
PROPOSED PROJECT: The applicant proposes to construct a 6' x 677' access pier (176' of which is noted in
this field report as "approach access"), a 12' x 12' gazebo, 6' x 20' floating dock and two 12' x 13' boatlifts. The
approach access would originate from high ground along the southern property line. From its origin, the approach
access would descend the steep embankment by "zig-zagging" in an east to west direction before terminating into a
10' x 10' platform. The platform would be positioned within "404" wetlands, but inland of the upper coastal
wetlands line. The access pier (6' x 501') would originate from the terminal end of the 10' x 10' platform and also
span in a southerly direction, crossing approximately 390' linear feet of coastal marsh. The access pier would
terminate into a 12' x 12' "L-head" shaped platform that would elbow towards the west. A 6' x 20' floating dock
would be constructed at the end of the platform, in alignment with the access pier, and two 12' x 13' boatlifts
would be constructed on each side (east and west) of the proposed dock. Water depths in the vicinity of the
proposed floating dock and boatlifts range from -5' to ~' below Mean Low. Water (MLW). According to the
application and work plan drawings, the proposed pier, gazebo, floating dock and boatlifts would be located just
landward of the pier-head line, which was established by the two adjacent docking facilities.
According to the work plat drawings provided by the applicant's agent, the proposed structure would be located
within Y4 of the width of the waterbody, within the established pier-head alignment and outside of the U.S. Army
Corp of Engineers channel setback. Additionally, the applicant can avoid any impacts to the adjacent property
owners by working within his/her established riparian corridor.
10. ANTICIPATED IMPACTS
The proposed pier, platforms, floating dock and boatlifts would result in the shading of approximately 2,828 sq. ft.
of "404" and coastal wetlands and would incorporate approximately 3,270 sq. ft. of estuarine waters and public
trust areas. Additionally, the proposed access approach would temporarily disturb approximately 480 sq. ft. of high
ground. Minor increases in turbidity can be expected during construction.
Submitted by: J.Dail Date: 5/14/07 Office: Wilmington
C., c~r't, c+~..
DCM MP-1 ~~ ~ 1 - D $ ~ ~
APPLICATION for --
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Dubek Land Company Llc. Project Name (if applicable)
1324 Harbour Watch
Applicant 1: First Name
Karl MI
H Last Name
Smith
Applicant 2: First Name
NA MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
7246 Beach Drive, Suite 2 PO Box City
Ocean Isle Beach State
NC
ZIP
28469 Country
US Phone No.
910 - 575 - 4511 ext. FAX No.
910 - 575 - 4551
Street Address (rf different from above) City State ZIP
Email
2. Agent/Contractorlnformation
Business Name
Land Management Group Inc.
Agent/ Contractor 1: First Name MI Last Name
Chris Canaday
Agent/ Contractor 2: First Name MI Last Name
NA
Mailing Address PO Box City State
PO BOX 2522 Wilmington NC
ZIP Phone No. 1 Phone No. 2
28402 910 - 452 -000 1 ext. - - ext.
FAX No. Contractor #
910 452 0060 NA
Street Address (~f different from above) City State ZIP
3805 Wrightsville Ave Wilmington NC 8 -
Email
ccanaday@Imgrou p. net
<Form continues on back>
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COAS A'LIM ~ AGOEM
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Brunswick 1324 Harbour Watch NA
Subdivision Name City State Zip
Harbour Watch Sunset Beach NC 28468 -
Phone No. Lot No.(s) (~fmany, attach additional page with list)
NA - - ext. Lot 4, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Luw,6~r /~t've~ Alww
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 AIWW
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 falls within.
Calabash ETJ
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
101 FT 27,319 sq. ft.
c. Size of individual lot(s) d. -Approximate elevation of trail above NHW (normal high water) or
27,319 sq. ft. , NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 0-33' ^NHW or ®NWL
e. Vegetation on trail
Upland area is largely cleared. Coastal marsh includes Spartina Altemiflora
f. Man-made features and uses now on trail
Cleared lot.
APR 2 32007
g. Identify and describe the existing land uses adjacent to the proposed project site. p ~ V ~ S~ O N (~ F
Private residential COASTAL MANAGEMENT
h. How does local government zone the trail? i. Is the proposed project consistent with the applicable zoning?
CA-R-15 (Attach zoning compliance certifipte, if applicable)
®Yes ^No ^NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No
k. Has a professional archaeological assessment been done for the trail? If yes, attach a copy. ^Yes ®No ^NA
If yes, by whom?
I. 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?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ^No
(ii) Are there coastal wetlands on the site? ®Yes ^No
(iii) ff yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ^No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Community ~ ~ ~ ~~
O
o. Describe existing drinking water supply source.
Public
IVISION OF
p. Describe existing storm water management or treatment systems. COASTAL MANAGEM
NA
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ^Commercial ^PubliGGovemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Provide residents and guest of 1324 Harbour Watch SW with a private pier and boat lifts
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.
Piling rig, logging mats will be used over coastal marsh. Good standard marine construction practices will be used.
d. List all development activities you propose.
Construction of 501' by 6' pier, 176' by 6' elevated boardwalk, 20' by 6' floating dock, three upland wooden plank platforms
within the AEC, and installation of eight pilings to support two boat lifts
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? Minimal for piling installation only
^Sq.Ft or ^Acres
g. Will the proposed project encroach on any public 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.
Limited surface runoff. Proposed work would construct all pervious surtaces and decking.
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>
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional -niformation
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in orc/er for the application
package to be complete. Items (a) - (t) are ahvays applicable to any major development application. Please cor-su-t the application
instruction booklet on how to properly prepare the required items 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 Gerard and EIIen Reynolds Phone No.
Address 12 Fox Run, Danville, NJ 07834
Name Lerch Ralph Et Venda Phone No.
Address 926 Appalachian Dr. Boone, NC 28607
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.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.G.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. 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 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 fe deral 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 th t the information provided in this application is truthful to the best of my knowledge.
G`c
Date 5 U7 Print Name ~-
~
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Ghris C~~
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Signature ~'
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Please indicate application attachments pertaining to your proposed project. _
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r:a
^DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts D O
z ~''' a
°
^DCM MP-3 Upland Development D ~
®DCM MP-4 Structures Information +~ ~
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Form DCM MP-3
UPLAND DEVELOPMENT APR 2 32007 i
(Construction and/or land disturbing activities) D {VISION O F
COASTAL MANAGEMENT
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 that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
176' by 6' boardwalk extending to NHW, three upland
platforms: 12' by 12', 12' by 12', and 10' by 10'
c. Density (give the number of residential units and the units per
acre).
1 residential unit, 1.6 units/acre
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 plan at least 30 days before land~iisturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
^Yes ^No ®NA
(ii) If yes, list the date submitted: NA
b. Number of lots or parcels.
1
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
Lot is currently cleared. A minimal amount of land will be
disturbed to install pilings, boardwalk, and platforms.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
No impervious surfaces proposed
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
0%
Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
0% proposed.
j. Describe proposed method of sewage disposal.
Community
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriaU
commercial effluent, "wash down" and residential discharges).
none.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Cert~cation.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
^Yes ®No ^NA
(ii) If yes, list the date submitted: _NA
k. Have the facilities described in Item (i) received state or local
approval?
^Yes ^No ®NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
^Yes ^No ®NA
If yes, attach appropriate documentation.
_~.. .,. :; ;.... _.. .. ;._. ,., .:.:.J ;' WW'vY.:1C:.Cci ~:.3ii':7~~~c"352T2i3 i.1@i
~flrm ~iCN~ i!s~'P-3 {Upland Development, Qag~ 2 of 2j
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
public system
n. (i) Will water be impounded? ^Yes ®No ^NA
(ii) If yes, how many acres? NA
o. When was the lot(s) platted and recorded?
NA- not ocean front development
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
^Yes ^No ®NA
S 07
Date
1324 Harbour Watch
Project Name ~ ~ ~~ ~
~rlri~s ~rrac/a~ CGa~o~/`/a~a9Ph'IP~I~_/,r~r/~
Applicant Name
scant ature
~~1le~1 V ~'e
APR 131007
COAS A~~~M NAGEMENT
_ _.- ~ ~~
~.. ,:. ~'.: .~' _ -_.. ~. .: v~.. ~,: (Y `N HIV 71. .~. v.. u11i~J ~J~- ".~ ~ ~ .P.. ...
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
~~~~~~
APR 2 32001
DIVISION OF
COASTAL MANAGEMENT
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 that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
^Commercial ^Public/Government ®Private/Community
d. (i) Are Finger
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating
b. (i) Will the facility be open to the general public?
^Yes ®No
c. (i) Dock(s) and/or pier(s)
(ii) Number 1
(iii) Length 501'
(iv) Width 6
(v) Floating ^Yes ®No
e. (i) Are Platforms included? ®Yes ^No
If yes:
(ii) Number 1
(iii) Length 12
(iv) Width 12
(v) Floating ^Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
2
(ii) Number of slips existing
0
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
^Other; please describe:
k. Typical boat length: 27
m. (i) Will the facility have tie pilings?
®Yes ^No
(ii) If yes number of tie pilings?
8 (for use with boat lift)
^This section not applicable
?iers included? ^Yes ^No
1
20
®Yes ^No
f. (i) Are Boatlifts included? ®Yes ^No
If yes:
(ii) Number 2
(iii) Length 11.5
(iv) Width 12.5
h. Check all the types of services to be provided.
^ Full service, including travel lift and/or rail, repair or
maintenance service
^ Dockage, fuel, and marine supplies
^ Dockage ("wet slips") only, number of slips:
^ Dry storage; number of boats:
^ Boat ramp(s); number of boat ramps:
® Other, please describe:
2 boat lifts
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
omen runabout
I. (i) Will the facility be open to the general public?
^Yes ®No
- r
,.
,.>,
Form ACM ilt1P-~ (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
^Yes ^No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (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 ^SAV ^SB
^WL ^None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ^Yes ^No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
^Commercial ^PubliGGovernment ^Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
~ 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
~ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable ~
a• Length
b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOOR/NG PILINGS and BUOYS ^This section not applicable
a. Is the structure(s):
^Commercial ^PubliGGovernment ®Private/Community
c. Distance to be placed beyond shoreline 124'
Note: This should be measured from marsh edge, if present.
e. Arc of the swing NA
7. GENERAL
b. Number 8 (for use with boattift)
d. Description of buoy (color, inscription, size, anchor, etc.)
NA
~~~~~~o
APR 2 3 20W
DIVISION OF
COASTAL MANAGEMENT
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a. Proximity of structure(s) to adjacent riparian property fines b. Proximity of structure(s) to adjacent docking facilities.
33' to the NE and 36' to the SW -217'
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
605'
d. Water depth at waterward end of structure at NLW or NWL
-3' NLW
e. (i) Witl navigational aids be required as a resuk of the project?
®Yes ^No ^NA
(ii) If yes, explain what type and how they will be implemented.
Reflectors to be placed on outer most pilings.
8. OTHER ®This section not applicable
a. Give complete description:
56
Date
1324 Harbour Watch
Project Name / /~ / ~'
Y ' a 0' ~ /'/ f (7/'ov
Applicant Name
A scant gn re
D ~ C~~~~~
APR ~2 3 2007
COASTAL'M ~NAGEMENT
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Project Narrative
CAMA Major Permit
Construction of Pier, Dock, and Gazebo
1324 Harbor Watch, Brunswick County
Dubek Land Company, LLC , requests a CAMA Major permit for construction of a
private residential dock and gazebo. The lot is located in Ocean Harbor Estates off NC
Route 179 in Brunswick County. Access to the lot/community is restricted by locked
gates. The lot abuts the Atlantic Intracoastal Waterway (AIWW) and totals
approximately 0.62 acre in size. For access to the lot please contact the authorized agent.
Waters of the AIWW at this location have been classified SA by the NC Environmental
Management Commission, PNA by the NC Marine Fisheries Commission, and are
presently closed to shellfishing.
The proposed pier extending to the gazebo and floating dock will need to be
approximately 501' long, as measured from normal high water, to cross the coastal marsh
located in front of the property and to access waters approximately three feet deep at
mean low water. The pier will be used to access a 6' by 20' floating dock where boat lifts
will be installed on either side for a total of two slips. A 12' by 12' gazebo is also
proposed to be located at the end of the pier. Due to the steep topography of the property,
Mr. Wiseman also proposes a 6' wide 176' long elevated boardwalk with three platforms
to extend from the high ground portion of the property down to NHW and the start of the
pier.
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