20130366 Ver 1_CAMA Permit Application_20130404

W IF 20130366
4 . .
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
April 4, 2013
MEMORANDUM:
TO: Karen Higgins
401 Oversight
DWQ - Surface Water Protection
FROM: Doug Huggett, NC DENR -DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09)
SUBJECT: CAMA Major Permit Application Review
Applicant: James & Diana York
Project Location: 126 McLeod Ave., adjacent to a canal off Topsail Sound, in Topsail Beach
Proposed Project: to construct a 5 -slip docking facility
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 April 27, 2013. If you have any
questions regarding the proposed project, 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.
SIGNED
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.
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX- 910 - 395 -3964 Internet: www.nocoastalmana-gement.net
An Equal Opportunity \ Affirmative Acton Employer

DMSION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James and Diana York
2. LOCATION OF PROJECT SITE: 126 McLeod Avenue, adjacent to a man-made canal and Topsail Sound
in Topsail Beach, Pender County
Photo Index — 2006: 25 -6589, K -11 2000: 25 -328, K -12 1995: 25 -305, L -8
State Plane Coordinates - X: 733837 Y:67550 GPS — N040211A
Lat:34 °21'04.72" Long: 77 138'58.55"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/02/13
Was Applicant Present — Yes
5. PROCESSING PROCEDURE: Application Received Complete — 4/02/13
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender Co.
Land Classification from LUP — Conservation/Resource Protection
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes -
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A
Planned - None
(F) Type of Structures: Existing - Residence, bulkhead and platform.
Planned — Proposed platform, floating dock and boatlift(s)
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non - Vegetated Wetlands
(Open water )
564 sq. ft.
(Incorp orated
(C) Other
(D) Total Area Disturbed: 564 sq.ft. ( <0.001 ac)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a five (5) slip docking facility by installing a
platform, floating dock, pier, boatlift and two (2) jet ski lifts.

James and Diana York
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 126 McLeod Avenue, adjacent to Topsail Sound, in Topsail Beach, Pender
County. To get to the site from the Wilmington Regional Office, take US Hwy 17 N to NC Hwy 210
(approximately 15 miles) and turn right. Continue approximately 2 miles along NC Hwy 210 and turn right
at the intersection of NC Hwy 210 and Rowland Ave. Travel approximately 1.9 miles along Rowland
Avenue and turn right onto S. Shore Drive. Continue along S. Shore Drive for approximately 7.75 miles
(through Topsail Beach) and turn right onto McLeod Avenue. The subject property will be located along
the right hand side (north side) of McLeod, approximately 0. 10 miles from the intersection of McLeod and
Ocean Drive.
The applicant currently maintains a single - family residence on the property. Existing man-made features
include a residence, driveway, pier platform and bulkhead. The high ground on which the residence is
situated contains a moderate amount of elevated, uncovered decking, most of which is located within the
30' Coastal Shoreline Buffer. The house was constructed prior to the effective date of the Buffer Rules and
therefore the applicant was allowed to exceed 200 sq. ft. of slatted, elevated, uncovered decking within the
Buffer. The entire shoreline ( +/- 56 linear feet) is stabilized by a timber bulkhead. Site elevations at the
property average approximately 3.5' above the normal high water (NHW) level. Vegetation on the tract
consists of lawn grasses and ornamental landscaping. There are no Coastal or "404" type wetlands, on, or
adjacent to the subject property. Currently, the applicant maintains a fixed 8' x 9' dilapidated platform that
extends out into the adjacent canal, along the northern property line. Water depths in the vicinity of the
existing water dependent structure ranges from -3.0' to -5.6', relative to normal low water (NLW).
The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the Banks
Channel and Topsail Sound, in the vicinity of the project area are classified as SA by the Division of Water
Quality. The waters ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries and are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant is proposing to install an 8' x 20' fixed elevated platform immediately water ward of the
existing bulkhead. As proposed, the platform would originate from the center of the parcel and extend
approximately 8' into the canal. A 5' x 15' fixed elevated finger pier would originate along the northern
side of the platform and would span towards the east into the canal. The finger pier would provide access
to the proposed 8' x 20' section of floating dock and the proposed 13' x 13' boatlift. According to the
applicant, the floating dock would be constructed just landward of the pier -head line (and the' /4 width line)
and would span lengthwise along the pier -head line, or parallel to the bulkhead along the western side of
the pier. The boatlift would be installed along the eastern side of the pier and it too would be located
within the pier -head line. Two (2) jet -ski lifts (each measuring 3' x 4') would be installed along the
northwest corner of the proposed platform. These structures would be affixed using single piles and would
incorporate a davit system for operation and/or storage. Once completed, the entire docking facility would
provide dockage for up to five (5) vessels (three lifts and two wet - slips). As proposed, the planned
development would be located within '/4 of the width of the waterbody and within the established pier -head
alignment. According to the site plans, the applicant proposes to encroach into both adjacent 15' riparian
corridor setbacks; however, signed and initialed waivers have been obtained from both adjoining property
owners allowing the encroachment. Water depths in the vicinity of the proposed floating dock and jet -ski
lifts range from —3.0' to -5.6', NLW. The width of the waterbody in the immediate vicinity of the proposed
structures measures approximately 135'.
10. ANTICIPATED EWPACTS:
As proposed, the planned development would incorporate approximately 564 sq. ft. of public trust and
estuarine waters. The applicant has approximately 56 linear feet of shoreline allowing 448 sq. ft. of
platform or docking space. No impacts to Coastal or "404" wetlands would occur as a result of
construction. The planned development would be located landward of the channel edge and pier -head and
within i/4 of the width of the waterbody.
Submitted by: Jason Dail Date: April 4, 2013 Office: Wilmington

=E4
WFLICATIONI'ler
Major Development Permft
Gast revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
A11A
Business Name
Project Name Cif applicable)
Agent/ Contractor 1: First Name
/1/`µ
126 McLeod Ave
APR 0 2013
Agent/ Contractor 2: First Name
Applicant 1: First Name
MI
Last Name
Mailing Address
James
C
York
ZIP
Applicant 2: First Name
MI
Last Name
FAX No.
Contractor #
Diana
L
York
City
State
Hadditional applicants, please attach an additional page(s) with names listed.
Email
Mailing Address
PO Box
City
State
6124 River Dr.
Mason Neck
VA
ZIP
Country
Phone No.
FAX No.
22079 4124
USA
703 - 927 -
7398 ext.
-
-
Street Address (if ditrent from above)
City
State
ZIP
126 McLeod Ave
Topsail Beach
NC
28445 -
Email
[e-mail]
Z Agent/Contractor Information
Business Name
A11A
R EC E Q V E D
DCM WILMIN
Agent/ Contractor 1: First Name
MI
Last Name
APR 0 2013
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
ZIP
Phone No.1
- - ext.
Phone No. 2
- - ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
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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. #
Pender County
126 McLeod Ave.
d. Approximate elevation of tract above NHW (normal high water) or
Subdivision Name
City
State
Zip
Fifth Subdivision of New Topsail Beach
Topsail Beach
NC
28445-
Phone No.
_L
Lot No.(s) (if many, attach additional page with list)
703 - 927 - 7398 ext.
66, 1 1 ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Banks Channel/Topsail Sound
Canal off of Topsail Sound
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
Topsail 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 falls within.
Topsail Township
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
60'
5641 Sq. Ft.
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
5641 Sq. Ft., ,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
4'4" ®NHW or ❑NWL
e. Vegetation on tract
Lawn & ornamental grasses
f. Man -made features and uses now on tract
Residence, retaining wall and pier dock
g. Identify and describe the existing land uses add to the proposed project site.
Both adjacent properties have existing SFD homes and private docking facilities
h. How does local government zone the tract?
L Is the proposed project consistent with the applicable zoning?
R -2
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
It. Hasa professional archaeological assessment been done for the tract? 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?
t- -S=i_'M1 V i=J
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APR 09, 10,13
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Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (J) Are there wetlands on the site? ❑Yes ®No
pi) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
on -site septic system
o. Describe existing drinking water supply source.
public
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
[]Commercial ❑PublkdGovemment
®Private /Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
private use of pleasure boats & watercraft
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.
Standard Marine Construction
d. List all development activities you propose.
fixed pier /platform, floating dock and piles for slip /boat lift
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 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.
none
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 [DNA
j. Is there any mitigation proposed?
❑Yes ®No []NA
If yes, attach a mitigation proposal.
. Q, _._.
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Form DCM MP -1 (Page 4 of 4)
APPUCATION for
Major Development Permit
& Addidonal Information
In addition to this completed application tbrm, (MP -1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to property 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 Edward Mennona Phone No. 910-328 -1562
Address 124 McLeod Ave Topsail Beach 28445
Name Christine Kirby Phone No. (919) 787 -1865
Address 128 McLeod Ave Topsail Beach 28445 mating: 608 Sarah Lawrence Ct. Raleigh, NC 27609 -6728
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.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
1 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 18 March 2013 Print Name Jam rk
Signature
Please indicate application attachments pertaining to your proposed project.
pDCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts
❑DCM MP -3 Upland Development r : ;; C 1 E D
®DCM MP-4 Structures Information ',�Cj Vffi ; ^
APR 0 2 2613
252-800 -2800 .- I- 808- 412COAST ._ ne nrw.ncc are•. �3an ae.�f�e,ra *.�varc.n� t

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.
1. DOCKING FACILITYAWINA CHARACTERISTICS ❑This section not applicable
a. (I) Is the docking facility/marina: b. (I) Will the facility be open to the general public?
[]Commercial ❑Public/Govemment ®Private/Community ❑Yes ®No
c. p) Dock(s) and/or pier(s)
(i) Number 1
(ii) Length 15'
(iv) Width 5'
(v) Floating ®Yes ❑No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number 1
(ii) Length 8'
Ov) Width 20'
(v) Floating []Yes []No
Note.' Rooted areas are calculated from dhpline dimensions.
g. (i) Number of slips proposed
5
(i) Number of slips existing
1
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:
existing canal
k. Typical boat length: 21
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
d. (i) Are Finger Piers included? ❑Yes ®No
If yes:
(i) Number
(iii) Length
(w) Width
(v) Floating ❑Yes ❑No
f. (J) Are BoatIft included? ®Yes []No
If yes:
(i) Number 1 + 2 PWC
(ii) Length 12
(w) Width 12
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: 5
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
J. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mb(ed types).
open runabouts and PWC
I. (1) Will the facility be open to the general public?
[]Yes ®No
RECE7a'
DCM kAfl L Mii1l4CI ' �I`v, NC
APR 0 2 2613
252- 808 -7808 :: 1- 888- 4RCOAST .: www.ncr.oa ,�t.t"ii nag4Nmnnt.n4.t r4avA` od: 17/77/06

Form DCM MP -4 (Structures, Page 2 of 4)
2, DOCKING FACIUTYMMAR/NA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facifities 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.
(n) 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.
i. 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?
Il
m. - Is the marina/docking facility proposed within a primary or secondary nursery area? D C M iA H ` .1!i' 1 f ' . 1' 0 c
❑Yes []No 4 P R G 2 LJ 13
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Form DCM MP -4 (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 wetiands/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. 0i Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(it) Number
(fli) Length
@4) Width
Note: Roofed areas are calculated from dripiine 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
(i) Length
(iii) Width
& BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a• Length b. Average distance from NM, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
8. MOORING PIUNGS and BUOYS ®This section not applicable
a. Is the structure(s):
[]Commercial ❑Public/Govemment ❑Prtvate/Community
c• Distance to be placed beyond shoreline
Note This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DU11 NC
,APR G ?, 2`013
252. 808 -2808 :: 1- 888- 4RCOAST :: www.necoastaimanagement.net revised: 12/27106

Form CCM MP -4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
10' from adjacent property to the West side and T from 25' from adjacent docking facilities to the West side and IT
adjacent property to the East side from adjacent docking facilities to the East side
Note: For buoy or moonng piling, use arc of swing including length
of vessel.
c. Width of water body
135'
e. @ 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
NLW 5'6"
8. OTHER This section not applicable
a. Give complete description:
3/18/2013
Date
126 McLeod Ave
Project Name
James York
Applican me
scant Signature
RECEIVED
DDA VjUNCTON, NC
APR 0 !- 21!013
252 -808 -2808 :: 1- 888- 4RCOAST :: www.nccoastalmanagement.net revised: 12127106

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CAMA Major Development Dock Project Narrative
Project: 126 McLeod Ave. Topsail Beach
Owner: James & Diana York
Lot 66 at 126 McLeod Ave. is a 60' wide canal -front lot with an existing dock structure of approximately
8'x10' which will be removed and replaced with docking facilities consistent with other nearby
properties. The design will have a 20' wide by 8' deep platform constructed adjacent to the bulkhead at
a height not more than 5" above the top of the bulkhead. This will adjoin a 5' wide walkway constructed
at the same height running parallel to the platform as well as 4' wide leading back to the house and the
new stairway from the deck. The platform portion of the dock will be located inside the 15' set -back
from adjacent property boundaries. Pilings supporting the platform, as well as the pier will be cutoff
below the decking. The platform is designed to support the installation of two PWC lifts, one on the 8'
West side and one along the portion facing the floating dock. From the Northeast corner there will be
two steps down to a 5' wide pier which will extend an additional 15'. There will be a boat slip (which
will facilitate the installation of a boat lift) on the East side. Near the end of the pier on the West side
there will be a gangway which leads to a floating dock anchored between three pilings. The floating
dock will be 8' by 20' positioned with the long side parallel to the bulk- headed shoreline. The floating
dock would allow for a boat to be tied up to both of the 20' sides.
The single Western piling anchoring the floating dock will be approximately 10' from the adjacent
property line with Lot 67 owned by Christine & Henry Kirby. The two pilings on the Eastern side of the
boat slip /lift will be approximately 7' from the property line with Lot 65 owned by Edward Mennona.
The total capacity of the project would allow for two boat slips alongside the floating dock, two PWC lifts
and one boat slip /lift.
R. CE1VED
XM NILMINCT-ON, NC
APR 0 9, 2613