20120799 Ver 1_CAMA Permit Application_20120823

'1
20120799
JA AyJ;KW
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director Dee Freeman
Secretary
August 20, 2012
MEMORANDUM:
TO: Karen Higgins
401 Oversight
Division of Water Quality- Surface Water Protection
FROM: Doug Huggett, NC DENR -DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Edwin Pullen c/o Mark Clements
Project Location: within Old Topsail Creek, adjacent to the AIVVW in Topsail Sound, in Hampstead, Pender Co.
Proposed Project: installation of two (2) "No Wake Zone" signs
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by September 13, 2012. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796 -7221, 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
Lit
tJ
AIIG 2 3 2012
127 Cardinal Drive Ext., Wilmington, NC 28405 W�NR - WA77 =k
�(
Phone: 910 - 796 -72151 FAX' 910 - 395 -3964 Internet: wvuvu nccoastalmanag eUands & ement.net fee gra 17-Y m
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer
Nimanality

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Edwin Pullen
2. LOCATION OF PROJECT SITE: Old Topsail Creek, adjacent to the AIWW, in Hampstead, Pender
County.
Photo Index - 2006: 26 -6635, O, P -6,7 2000: 26 -339, H, I -17,18 1995: 26 -321, Q, R -2,3
State Plane Coordinates - X: 2403844 Y:227570 GPS File: P- 060614A
Lat: 34 °22'04.054 "N Long: 77 °39'42.357 "W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/06/12 & 8/16/2012
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — Complete 8/16/2012
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pender County
Land Classification from LUP — Conservation, Resource Protection
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private/Public
(E) Wastewater Treatment: Existing — N/A
Planned — N/A
(F) Type of Structures: Existing — N/A
Planned — Two No Wake Zone signs.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal
Wetlands)
(B) Non - Vegetated Wetlands
'Two (2) sq. ft.
(Open water)
(C) Other (High ground)
(D) Total Area Disturbed: Two (2) sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA and SA -ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to install two "No Wake Zone" signs within Old Topsail Creek
(also known as "Nixon Creek ").

Ed Pullen - No Wake Zone signs
Page Two
9. PROJECT DESCRIPTION:
The project site is located within Old Topsail Creek (also known as "Nixon Creek "), adjacent to the AIWW, in
Hampstead, Pender County. To find the project site, travel north (from Wilmington) on US Highway 17 to
Country Club Road, in Hampstead. Turn right onto Country Club road and travel approximately 1.0 miles before
bearing right on Olde Point Road. Continue traveling on Olde Point Road until you come to the intersection of
Olde Point Road and Kings Landing Road. Turn right onto Olde Point/Kings Landing Road and the channel in
question will be located between Olde Point Road and the AIWW (on the left hand side of the road).
Old Topsail Creek (or Nixon Creek) is a channelized waterbody which extends from the AIWW, north to the Olde
Point golf course. The primary run of the creek has been historically dredged (under CAMA Major 181 -04), with
permit authorization(s) dating back to the 1960's. The main channel is approximately 9,000 linear feet and runs
along the eastern side of Old Topsail Creek. The width of the channel varies, depending on location, but the
average width is approximately 100'. Access to the creek is provide by two entrance channels located along the
north eastern side of the creek, both running perpendicular to the main channel.
The area surrounding the creek is mostly developed. Eagle's Watch Subdivision borders the creek to the west and
Olde Point Subdivision borders the creek to the east. Olde Point gold course borders the site to the north and the
AIWW borders the creek to the south. The creek is bordered by Coastal Wetlands, which is vegetated primarily
with Smooth March Cordgrass (Spartina alterniora) and Black Neelderush (Juncus romarianus).
The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIWW and
Olde Topsail Creek are classified SA and SAORW by the Division of Water Quality. They ARE designated as a
Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of
shellfish.
PROPOSED PROJECT:
The applicant is requesting authorization to install two pilings for "No Wake Zone" signs. The first would be
located along the northern side of the southernmost entrance channel, adjacent to the AIWW at 34° 21' 47.20 "N,
770 40' 14.82 "W. This sign would be located outside of the channel, between the channel and a marsh island
situated just to the north. The second sign would be located approximately 2,100' linear feet toward the north and
east, at 33 021'57.48 "N, 77 °39'52.13 "W. As with the other sign, this sign would also be located outside of the
channel, between the main entrance channel and a small marsh island.
According to documentation provided by the applicant, this project was originally approved by Pender County in
1976 and later approved by the Wildlife Resources Commission (WRC). Over time, buoys have been installed
and removed due to damage, weathering, etc. The proposed plan would be to install two pilings with supporting
information, which would be paid for by the residents, but the signs would be generated through Pender County.
A copy of the WRC Ruling on this "No Wake Zone" area is provided as part of the permit application, but it can
also be found under WRC's Rules at 15A NCAC 10F .0321.
10. ANTICIPATED IMPACTS
The installation of the two "No Wake Zone" signs will not result in permanent significant impacts to Estuarine
Waters and Public Trust Area. Minor increases in turbidity should be expected. The proposed locations for the
two signs do not appear to pose a threat to navigation. As proposed, one of the signs (eastern most) would be
located approximately 200 feet from the federal channel and the western most sign would be located
approximately 450' from the channel.
Submitted by: Jason Dail Date: 8/20/12 Office: Wilmington

Gast revised 92127106)
v�
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (d applicable)
Applicant 1: First Nana;
Edwin
MI
L
last Name
Pullen
Clements Marine Constriction Inc,.
Applicant 2 First Name
MI
Nolen
Development
If additional appffcants� please attach an addFdonaf pages) with names fisted.
Last Name
Permit
PO Box
City
Hampstead
is
Gast revised 92127106)
v�
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (d applicable)
Applicant 1: First Nana;
Edwin
MI
L
last Name
Pullen
Clements Marine Constriction Inc,.
Applicant 2 First Name
MI
last Name
Agent/ Contractor 1: First Name
If additional appffcants� please attach an addFdonaf pages) with names fisted.
Last Name
Mailing Address
366 Olde Point Loop
PO Box
City
Hampstead
State
NC
ZIP
28443
Country
pender
Phone No.
910 - 270 - 2386 ext.
FAX No.
- -
Street Address ftf different from above)
City
State
NC
ZIP
-
Email
2. Agent/Conftctor information
Business Name
Clements Marine Constriction Inc,.
Agent/ Contractor 1: First Name
MI
Last Name
Mark
H
Clements
Agentf Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
112 Circle Drive
Hampstead
NC
ZIP
Phone No. 1
Phone No. 2
28443
910-620-9110
ext.
910 - 270 - 9110 ext.
FAX No.
Contractor #
same
Street Address (If different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back> DCM V'd'o MINGTON, NC
AUG 1 4 l0M

Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be muWgft)
Street Address
State Rd. #
Pender
366 Olde Point Loop
US HWY 17
Subdivision Name
City
State
Zip
Olde Point
Hampstead
NC
28443-
Phone No.
Lot No.(s) (d many, attach addtional page with Iiso
910 -620-9110 ext
nla, , ,
a. In which NC river basin is the project kx ted?
b. Name of body of water nearest to proposed project
f. Man -made features and uses now on tract
AICW
c. Is the water body identify in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
AICW -
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.
R
Hampstead
4. Site Description
a. Total length of shoreline on the tract (It)
b. Size of entire trad (sq.ft)
State Channel
Wa
c. Size of individual lot(s)
d. Approxdmate elevation of tract above NHW (normal high water) or
n/a,
NWL (normal water/eve#
(if many lot sizes, Please attach additional page W-M a list)
0-20' ®NHW or ❑NWL
e. Vegetation on tract
spartina
f. Man -made features and uses now on tract
no
g. Identify and describe the existing land uses adiace M to the proposed project site.
private residential homes
h. How does local government zone the tract?
L Is the proposed project consistent with the applicable zoning?
R
(Attach zoning compliance certificate, if applicable)
Wes []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?
L 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?
r-% = I--, = IV tr u
<Fotm continues on next page> DCM WI MINCTON, NC
AUG 1 4 2612

Form DCM MP -1 (Page 3 of 4)
APPUCATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? ®Yes (]No
(W) If yes to either (i) or (Q above, has a delirmoon been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe masting wastewater treatment facilities.
septic
o. Describe ebsting drinking water supply source.
well and or county
p. Describe e)asting storm water management or treatment systems.
n/a
5. Activities and Impacts
a_ Will the project be for commercial, public, or private use?
OCommercaal OPublidGovemment
Wrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
to install no wake signs
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.
To install pilings to support no wake signs. A barge and hand tools will be the only thing needed to complete this work.
d. List all development activities you propose.
to install no wake pilings (4)- to pilings for each.
e. Are the proposed activities maintenance of an e)asting project, new work, or both?
new
f. What is the approximate total disturbed land area resulting from the proposed project?
<50 ®Sq.Ft or OAcres
g. Will the proposed project encroach on any public easement, public accessway or other area
that the public has established use OP?
OYes ®No L]NA
h. Describe location and type of edsdng and proposed discharges to waters of the state.
surface runoff
i. Will wastewater or stormwater be discharged into a wetland?
❑Yes No 0 4A
If yes, will this discharged water be of the same salinity as the receiving water?
l]Yes ®No ONA
j. Is there any mitigation proposed?
Yes ®No []NA
yes, attach a mitigation proposal.
. 1"--.v17-1 V t- U
<Forfn continues on back> DCM WILMINGTON, NC
AUG 14 M2

Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Addifionallnformation
In addition to this completed applicabon form. (MP-1) the fo/dowing Hems below, if aW=able, must be submitted in order for the application
package to be Complete &= (a) — (fJ are always applxable to arty majer development appFcaka Please consult the applicatron
inshuclW booidet on how to property prepare the required Hems below.
a. A project narrative.
b. An accurate, dated worts plat (including plan view and aonal drawings) drawn to scale. Please give the present status of the
proposed project Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed-
c. A site or location map that is suffidenW 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 Managemerrt
Name Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiliee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary-
i. A signed AEC hazard nofice 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.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 Ad.
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 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 08/08/12 Print Name Mark Clements
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
?,;2- i3fr.?0i3 T
RECEIVED
DCM Vil;- INGTCN, NC
AUG 1 4 2012

Form DCM MP-4
STRUCTURES
(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 that relate to this proposed project. Please include all supplemental information.
I. DOCKING FACILITY /MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PublidGovemment OPrivate/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes ®No
e. (i) Are Platforms included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
none
(ii) Number of slips existing
none
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: n/a
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
[I This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes []No
d. () Are Finger Piers included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes []No
f. (i) Are Boatliifts included? ❑Yes ®No
If yes:
(i) Number
(iii) Length
(iv) Width
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 (owet slips) only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
® Other, please describe:
to install (4) no wake poles two for each sign
i. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
I. (i) Will the facility be open to the general public?
[]yes ONO
RECEIVED
DCM WILMINGTON, NC
AUG 1 4 2012

- -� F. v _
Z DOCKING FACILITY /MARINA OPERATIONS IN This 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:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of `No Sewage Discharge° signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake signs proposed.
L Give the location of fuel- handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live- aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
ER E7
DCM WILMINGTON, NC
Ill. Is the marina /docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
AUG 7 4 AM
0

n. Is the marinaidocking 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 marinaldocicing 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 ❑Public/Govemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas am calculated from dripline dimensions.
4. GROIN (e.g., wood, sheeVle, etc Ifa 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. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑PublictGovemment ❑Private/Community
c• Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, /f present
e. Arc of the swing
7. GENERAL
19 This section not applicable
b• Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
AUG 14 202

a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
n/a n/a
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
89
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
n/a
8. OTHER ❑This section not applicable I
a. Give complete description:
we will install four poles to support no wake signs.
08/08/12
Date
olde point no wake signs
Project Name
RECEIVED
DCM Vila MINGTON, NC
AUG 1 4 2012

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