20081226 Ver 2_CAMA Permit Application_20130426

FWA
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20130442
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
April 23, 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: Etta Rooks
Project Location: 1911 Kings Landing Road., adjacent to the AIWW, in Hampstead, Pender Co.
Proposed Project: Expansion of docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Dou4 Hugpett at the address above by May 16, 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.
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
1•: ?�
127 Cardinal Drive Ext., Wilmington, NC 28405 APR 2 6 20'3
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer - 1VA t; "A ITy
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Etta Rooks
LOCATION OF PROJECT SITE: The property is located at 1911 Kings Landing Road, adjacent to a man-made
canal and the AIWW, in Topsail Sound, Hampstead, Pender County.
Photo Index - 2006: 26 -6635, P -6 2000: 26 -399, F -8,9 1995: 26 -321, Q -R, 4
State Plane Coordinates - X: 2968514 Y: 1506794 GPS File: N- 041614B
Lat: 34'22'04.051"N Long: 77 °39'47.947 "W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/26/2013 and 4/16/2013
Was Applicant Present — Yes (agent) and No, respectively
PROCESSING PROCEDURE: Application Received — Completed on 4/15/13
Office — Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — Pender County
Classification From LUP -AEC areas are classified Conservation and Resource Protection.
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing — Private
Planned -None
(F) Type of Structures: Existing — Residence, bulkhead and boat ramp.
Planned — expand docking facility by adding a boatlift, floating dock & three (3)
finger piers
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION:
I0 ._ I_ . _ • .I_
(A) Vegetated Wetlands
(B) Non - Vegetated Wetlands - open water
468 sq. ft.
(incorp orated
(C) Other (Highground)
(D) Total Area Disturbed: 468 sq. ft. of public trust impacts.
(E) Primary Nursery Area: No
(F) Water Classification: SA -ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to expand the previously approved docking facility by
installing another boat lift, a floating dock and three (3) finger piers.

Etta Rooks
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 1911 Kings Landing Road, adjacent to a man -made canal and the Atlantic Intracoastal
Waterway (AIWW), in Topsail Sound, Hampstead, Pender County. To get to the site from Wilmington, take US Hwy 17
N to Country Club Road (approximately 2.37 miles north of the intersection of Highway 17 and 210 in Hampstead). Turn
right onto Country Club Road and travel approximately 0.70 miles before turning right onto Olde Point Road. Travel
along Olde Point Road approximately 1.30 miles and turn left onto Kings Landing Road. Follow Kings Landing Road for
approximately 0.20 miles and the subject property will be located on the right hand side of the road, at house number
1911.
The subject property is approximately 0.50 acres and existing man-made features on the tract include a single- family
residence, boat ramp and bulkhead. The high ground portion is elevated approximately 12 -15 feet above the Normal High
Water (NHW) level. Vegetation on the tract consists primarily of lawn grasses and ornamental landscaping. There are no
Coastal Wetlands adjoining the property; however, there is an island (consisting of both high marsh and low marsh
species) that exists just across the man -made canal bordering the property (to the east) which is approximately 160' in
width. The Coastal Wetlands species located on the island include Spikegrass (Distichlis spicata), Salt Meadow Hay
(Spartina patens), Glasswort (Salicornia) and Smooth Cordgrass (Spartina Alterniora). The property has approximately
100 linear feet of shoreline, all of which is stabilized by a wooden bulkhead. Residential properties border the site to the
north, south and west and a man-made canal borders the site to the east.
It should be noted that aerial photography, and visual observations by DCM staff on 3/26/2013, confirmed the presence of
Submerged Aquatic Vegetation (SAV) in the vicinity of the island located east of the property. Based on the best available
information, it appears the proposed docking facility will be located waterward of the area(s) that contains the beds of
SAV.
The man-made canal, which borders the property to the east, is approximately 30' -35' in width and extends beyond the
property boundaries. Navigation in and out of this canal is limited to one access point due to the location and
configuration of an existing dock located just north of the subject property. Essentially, the adjoining property owner, Mr.
Phillip Hardee, has a pier and docking facility that extends from his high ground to the "high marsh" island and this
facility prohibits boat passage through the canal. Although the canal in question has been dredged historically, the
applicant is requesting approval to expand the docking facility to allow for additional dockage in the AIWW, rather than
continuously maintaining the adjacent canal.
The applicant received a CAMA General Permit (No. 61573) on March 28, 2013, which authorized construction of a 6' x
246' access pier (extends east from the bulkhead and elevated a minimum of 6' up and over the existing canal), 19' x 19'
covered gazebo (located to the south at the terminal end of the pier) and a 13' x 14' boat lift (also located at the terminal
end, but on the north side of the pier); however, to date, no construction activities associated with the approved facility
have taken place. The general permit authorized construction of one boat slip, located within the waterbody referenced as
the AIWW (i.e. permitted to extend above and beyond both the adjacent canal and marsh island located between the
subject property and the AIWW).
The waters of the AIWW and Topsail Sound (adjacent to the project site) are classified as SA -ORW by the North
Carolina Division of Water Quality. They ARE NOT designated as a Primary Nursery Area (PNA) by the North
Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to expand the previously approved docking facility by adding three new finger piers at the
terminal end as well as another 13' x 14' boatlift. In addition, the applicant proposes to install a 4' x 40' section of
floating dock immediately adjacent to the existing bulkhead, within the canal. As planned, access to the floating dock
would be provided from the elevated access pier. The floater would run parallel to the bulkhead, or in a north/south
orientation. According to the applicant, the floating dock would be used to safely load and unload passengers and gear.
Water depths in the vicinity of the proposed floating dock range from -2.0' to -3.0', relative to Meal Low Water (MLW)
within an area that has previously been dredged.

Ms. Etta Rooks
Page Three
Three additional elevated fixed finger piers would be installed along the northern side of the approved docking facility.
The main finger pier (4' x 35') would run parallel to the shoreline and would provide access to the other two finger piers
(4' x 24' and 4' x 18'). The 4' x 18' finger pier would be installed between the two boat lifts and the 4' x 24' finger pier
would be installed along the outer (northern) side of the boatlift designated as "slip 1 ". As proposed, the finger piers
would be necessary to provide access to both sides of the boats, once on the lifts. As indicated on the site plan drawings,
water depths in the vicinity of the proposed boat lifts range between -2.0' and -3.0', relative to MLW.
As proposed, the docking facility would be located within' /4 of the width of the waterbody, as well as within the existing
pier -head line. In addition, the proposed lift would be located landward of the edge of the federally maintained channel.
The proposed docking facility would extend into the 15' riparian corridor setback of both adjoining properties; however,
the applicant has obtained signed/initialed waivers allowing the encroachment on either side. As proposed, the docking
facility would provide dockage for up to four (4) vessels.
10. ANTICIPATED EMIPACTS
As proposed, the planned development would incorporate approximately 468 sq. ft. of Public Trust Waters. The applicant
has approximately 100 linear feet of shoreline allowing up to 800 sq. ft. of platform or docking space. As permitted under
the CAMA General Permit, the total square footage of the docking facility (platform and boatlift) would equal
approximately 361 sq. ft., bringing the total square footage of permitted and proposed to approximately 800 sq. ft. No
impacts to Coastal or "404" wetlands should occur as a result of construction, with the exception of piling installation. As
previously indicated, the planned development would be located within the 15' riparian corridor setback (waived by both
neighbors), within the pier -head line and within' /4 of the width of the waterbody. Additionally, the proposed structures
would be located outside of the Corp of Engineers 80' setback. Short term increases in turbidity could be expected due to
piling installation.
Submitted by: J. Dail Date: April 19, 2013 Office: Wilmington

Bawl
Business Name /
CD a ryas
Agent/ Contractor 1: First Name MI Last Name
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Agent( Contractor 2: First Name MI I Last Name
Mailing Address PO Box city I State
63 /Li S �ys 0 Ile 14 P t, ) I .,.,sq.., N e_
ZIP Phone No. 1 Phone No. 2
pz(D 3 g/O -9-3/ - Y!Wext. - ext.
FAX No. Contractor #
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Street Address (if different from above) I city State ZIP
Email
CM WILMINGTON, NC
<Form continues on bacb D
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Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
County (can be multiple) Street Address State Rd. #
e N rf I /(?I/ 1C L r
Subdivision Name ity State Zip
old �o,l..�°jt /Ja s�(�a o� N C ��13
Phone No. Lot No.(s) (rf many, attach additional page with list)
9/o- 36)- 1/ A(. ext.
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
eck e- P _eci leC--.?co
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 tgManmade []Unknown �TO pSoi t SOGciv 4l
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
oyes A1lo work falls within.
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.f .)
/DD r k qc r c
c. Size of individual lot(s) '
A e+' e
d. Approximate elevation of tract above NHW, normal high water) or
NWL (normal water level) f s
(If many lot sizes, please attach additional page with a list)
14NHW or ❑NWL
e. Vegetation on tract
L-ANC0SCAPeo� Y��� `j!`a55 Aees/ �ushes
f. Man -made features and uses now on tract
/
14oU I.00, Pir
g. Identify and describe the existing land uses adiacent to the proposed project site.
Pes�je- k i a I
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
r O�
A
(Attach zoning compliance certficate, ff applicable)
e s r QQe,.i
JgYes []No ❑NA
j. is the proposed activity part of an urban waterfront redevelopment proposal? Dyes 00
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes )gNo DNA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes Ao ❑NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
DCM VJI NIMNGTON. NC
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Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? B�bs [!No
(i) Are there coastal wetlands on the site? JBYes ❑No
(ii) If yes to either () or (ii) above, has a delineation been conducted? ❑Yes SNO
(Attach documentation, if available)
n. Describe epsting wastewater treatment facilities.
Se�e�
o. Describe eidsting drinking water supply source.
We- II
p. Describe e)dsting storm water management or treatment systems.
5(A r' 70Ct (u.aa7+
a. WiII the project be for commercial, public, or private use?
❑Commercial ❑Public/Govemment
JE;Private/Community
b. Give a brief description of purpose, use, and dairy operations of the project when oompl te. n'I
110 at (10 � s�e�;,,,s o�F boAS.S" sL►:.••S
10Gic I, PCiJ4l� �O�(�'1S_
c. Describe the proposed construction methodology, types of constriction equipment to be used during construction, the number of each type
of equipment and where it is to be stored u 1
fo a,,Se rr I�oiv� �oo�s olo eons irc.c� loses" �t W e 10 loe lctr�,
Ilae,1.0) C40 `jo(o east. o0oy.
d. List all development activities you propose. pr
R i e r -> kw, 100 a.Qi �. 'f p,f -S s e 7 `J l s
- �ONS,� uG�
e. Are the proposed activities maintenance of an e)dsting project, new work, or troth?
ti e—> t,a 01^ IC
I. What is the approiamate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres
j%,J0Ne
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes BNo ❑NA
that the public has established use of?
h. Describe location and type of epsting and proposed discharges to waters of the state.
5 ue-4Q0e J'U-00 'F
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes (Wo ❑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 MWo DNA
If yes, attach a mitigation proposal.
RECE EED
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Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major Development Permit
a. A project narrative.
b. An accurate, dated work plat (including plan view and crass - 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.
I. 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 'Pk,, I No,r of C,-.- i Phone No.
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. at
h. Signed consultant or agent authorization form, 'd applicable.
I L 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.
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 at tl a information provided in this application is truthful to the best of my ,knowledge.
Date PO /3 Print Name i M A4 O a/ 2- (05',Y)
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
DCV1 NC
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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.
a. (i) Is the docking facility /marina: b. () Will the facility be open to the general public?
❑Commercial ❑PublicfGovemment WrivatelCommunity jdlfes Alo
C. (i) Dock(s) and/or pier(s)
d (i) Are Finger Piers included? $(Yes ❑No
(i) Number . I
, / 4
If yes:
(iii) Length O V
(iv) Width /v q0'
(i) Number
(ii) Length S' /9- a� /
(v) Floating Yes ®No
(iv) Width q /
(v) Floating []Yes RVo
e (i) Are Platforms included ?4kYes ❑No
f () Are Boatlifts included? EKYes []No
If yes-
If yes:
(ii) Number
(ii) Number Z
(iii) Length 1 t'
(in) Length 1 T ,
(iv) Width
(iv) Width
(v) Floating ❑Yes IgNo
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
h Check all the types of services to be provided.
`l
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
.Modkage ('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
[]Other, please describe:
r
k. Typical boat length: c�7
m. (i) Will the facility have tie pilings?
❑Yes Oo
(ii) If yes number of be pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
ru QLoµ Is
I. (i) Will the facil' be open to the general public?
❑Yes JNNo
�
� 7VED
DCM V1/IU1di1;'\;G CN, NC
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Form ®CM MP -4 (Structures, Page 2 of 4)
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number. ; Location: ��tl
❑ Showers
❑ Boatholding tank pumpout; Give type and location: N/
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 °PumpoutAvailable' signs proposed.
A) //9
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products
/A
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?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
)ffYes ❑No
D C M V/,i_ G ; ON, NC
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.. Poem DCM MP -4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes JgNo
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 loxes are checked, provide the number of square feet affected
$CW O 19SAV Q_ ❑SB
❑WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes Flo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
a. (i) Is the boathouse structum(s):
❑Commercial ❑Publir/Govemment ❑Private/Communiity
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions
a (7 Number
(ii) Length
(iii) Width
a Length
c. Maximum distance beyond NHW, NWL or wetlands
a. Is the structure(s):
❑Commercial ❑Publir/Govemment ❑Private /Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Are of the swing
b. Average distance from NM, NWL, or wetlands
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
DOM WIL1. /1;111\11G fON, NC
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Form ®CMI MP -4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
q , � i
Note. For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
SooI
e. () Will navigational aids be required as a result of the project?
❑Yes 'SNo DNA
(i) If yes, explain what type and how they will be implemented.
a. Give complete description:
b. Proximity of structure(s) to adjacent docking facilities.
is' l -60'
d. Water depth at waterward end of structure at NLW or NWL
3
E " V '='--D
DCNI IA!ILM! IG T 0N, NIC
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