HomeMy WebLinkAbout20070685 Ver 2_CAMA Permit Application_20071113~~~
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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Ms. Cyndi Karoly
Env. Biological Supervisor
Division of Water Quality, Wetlands Unit
FROM: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 8 November 2007
SUBJECT: CAMA Application Review
APPLICANT: Swanquarter Landing, LLC c/o Don Faulkner
Respond to Doug Huggett
Morehead City Office
N~~V' ~ ~ ~fi07
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PROJECT LOCATION: Adjacent manmade canal offFodrey Creek on SR 1136 (Landing Road)
in Swanquarter in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 58 slips for a private marina as an
amenity to the previously permitted condominium project.
Please indicate below your position or viewpoint on the proposed project and return this form by 29
November 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the
proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY
Signed
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Date
N°ne Carolina
tura!!y
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252.946-6481 1 FAX: 252-948-0478 1 Internet www.ncCOastalmanagementnetl
An Equal Opportunity I Affimuative Action Employer -5096 Recycled l 1096 Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Express Permit Review Program
1.
2.
APPLICANT'S NAME: Swan Quarter Landing, LLC C/0 Don Faulkner (Major Mod to Permit #75-07)
LOCATION OF PROJECT SITE: On SR 1136 (Landing Road) in Swan Quarter on a manmade canal off
Fodrey Creek in Hyde County, North Carolina
Photo Index - 2006: 113-8591; G-11,12, H,I-11,12,13 2000: 113-1202; G-11,12, H,I-11,12,13
State Plane Coordinates - X: 2,794,400 Y: 613,000 GPS Rover File: U041209B
Swan Quarter (Lower left corner)
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit -10/17/07 04/12/07
Was Applicant Present - No No
PROCESSING PROCEDURE: Application Received - 11/07/2007
Office -Washington
3.
4.
5.
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Hyde County
Land Classification From LUP -Conservation
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: YES
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned -Swan Quarter Municipal Sewer System
(F) Type of Structures: Permitted - 5 condominium buildings (45 units), clubhouse, pool, paved
parking, bulkhead, boat ramp with launch docks, dock, and boardwalk
Planned - 58 slip marina
(G) Estimated Annual Rate of Erosion: None
Source -Applicant
7. HABITAT DESCRIPTION: [AREA]
T1RFTIC'TF.II FTT.i.F.T) OTHER
(A) Vegetated Wetlands
X382.5 ft2
(B)Non-Vegetated Wetlands shaded finger piers
canal bottom
(C) Other
Highground
(D) Total Area Disturbed: X0.01 acres (382.5 sq. ft.)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA (adjacent ORW) Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 58 slips for a private marina as an amenity
to the previously permitted condominium project.
Major Modification -CAMA Major. Permit No. 75-07
Swan Quarter Landing, LLC
C/O Don Faulkner
Hyde County
Project setting
Sam Jarvis with Jarvis Consulting, Inc., on behalf of Swan Quarter Landing, LLC
(C/O Don Faulkner), has requested the attached application be processed as a Major
Modification to CAMA Express Major Permit No. 75-07 for a 58-slip marina associated with
the development of Swan Quarter Landing.
The project site is located adjacent SR 1136 (Landing Road) within the Town of
Swan Quarter on a manmade canal system off Fodrey Creek which empties into Swan
Quarter Bay in Hyde County, North Carolina. The proposed project site comprises 112.57
acres with 14,653' of shoreline, and is the site of the old Jarvis Motel and Restaurant. The
developed portion of the site is bordered on three sides by the canal system forming a
peninsula. The canal adjacent the north side of this peninsula is 140' wide and the canal
adjacent the west end of the peninsula is ±30' wide. The section of canal adjacent the
southern side of the peninsula that connects into the entrance canal is ±100' wide by ±450'
long and can best be described as a basin.
The Swan Quarter Landing condominium project was authorized via CAMA Permit
No. 75-07 issued on 24 May 2007. The permit authorized the redevelopment of the old
Jarvis Motel site with 45 condominium units in 5 three-story buildings, paved access and
parking areas, bulkheading a portion of the canal area around the new condominiums, a
short section of dock, installation of a boat ramp with two launch docks, and the
construction of a boardwalk adjacent the new bulkhead. To date, the site has been cleared
of all previous development in preparation for the installation of the permitted bulkhead and
construction of the condominiums.
The manmade canal leading into the site from Fodrey Creek is ±75' wide and
flanked on both sides by old spoil berms. Steve Trowell, Field Representative with the
Division of Coastal Management issued General Permit No. 47697-B on 28 February 2007
for maintenance excavation of the canal. The spoil berms have been cleared of vegetation
in preparation for spoil deposition authorized by the General Permit. The spoil berm along
the western side of the canal has been cleared of vegetation with the exception of several
large pine trees. The larger spoil berm along the east side of the canal has also been
cleared of vegetation and a ±36' wide by ±750' long area on the berm has been graded
with raised side slopes in preparation of spoil deposition. The General Permit contained a
dredging moratorium date of 1 April 2007, and the maintenance excavation was not
undertaken, and the permit has expired.
The western boundary of the property as well as the area along the eastern side of the
entrance canal have been delineated as Coastal Wetlands by Steve Trowell. These
Coastal Wetland areas are dominated by Juncus roemerianus, with some Spartina
alterniflora, S. patens, and Distichlis spicata. The upland portion of the site around the old
motel and restaurant was vegetated with upland grasses, with some pines, cedar, wax
myrtle, bay, and other herbaceous shrubs.
Major Modification - CAMA Major Permit No. 75-07
Swan Quarter Landing, LLC
C/O Don Faulkner
Hyde County
Page Two
The project site is bordered by Coastal Wetlands to the north, west, and south, and
by commercial fish houses adjacent Swan Quarter canal to the east.
The unnamed canal flows into Fodrey Creek which is classified as SA-ORW by the
Environmental Management Commission. It is important to note that the Division of Water
Quality has determined that the upper limit of the Outstanding Resource Water (ORW)
designation ends at the upper limit of the natural potion of Fodrey Creek. Because of this,
the project site is located outside the 575' ORW shoreline Area of Environmental Concern
(AEC) but is within the 75' Coastal Shoreline AEC. The Division of Marine Fisheries has
designated this area as a Primary Nursery Area. The site is 13.0' above the NWL. Water
depth in the canal system averages 5.5' below the NWL.
Project description
The applicant proposes to construct a 58-slip marina in the manmade canal and
basin system by installing slips adjacent to the previously permitted bulkhead and
boardwalk. The marina design calls for 27 side-to mooring slips, and 31 traditional
perpendicular slips with access via 17 finger piers: The finger piers are 3' wide at the
landside and taper to zero at 15' offshore. A total of 78 tie pilings are proposed to define
the area of the slips. The size of the proposed slips are as follows: 20 @ 12' wide by 30'
long, 8 @ 15' by 25', 21 @ 15' by 30', 6 @ 15' by 40', and 3 @ 15' by 50'.
Anticipated impacts
The installation of the finger piers will result in the shading of (382.5 ft2 of canal
bottom. The total area of existing manmade canal and basin encompassed by the marina
will be 127,093.44 ft. The project as proposed will result in localized turbidity as a result of
the construction activities.
David W. Moye - 7 November 2007
SWAN QUARTER LANDING
NARRATIVE
This is a request to modify existing permit # 75-07 which permitted to construct bulk
heading, docks, piers, a boat ramp, and upland development. The project proposed is
located in Hyde County, North Carolina in Swan Quarter Township. At the end of
Landing Road (S.R. 1136) on the site of the old Jarvis Restaurant, Motel and Crab house.
The total tract acreage is 12.57 acres and contains 4,653 linear feet of shoreline,
109,056.86 square feet of wetlands, 30,1363.77 square feet of AEC. We propose to
construct on this site: 58 Boat Slips, ranging in sizes of 20-12'x30', 8-15'x25',
21-15'x30', 6-15'x40', 3-15'x50' consisting of 17 Finger Piers and 78 Tie-up Pilings.
Finger piers and boat slips are to be accessed from the previously permitted wooden
walkway.
With this proposed project we intend to create boat slips for the homeowners in Swan
Quarter Landing. The project is in the Tar-Pamlico river basin and is in a manmade canal
off Fodrey Creek Canal and Directly off of the Swan Quarter Bay. Adjacent properties
uses are a Commercial Fishing Dock, Crab Houses, and Marinas.
Finger Piers
- --~oposed-finger-piers will be constructed-of-pressure-treated~umber~ -fastened to treated
pilings driven into the earth at 2 ft. for every 1 ft above. Lumber will be fastened using
hot dipped galvanized bolts and nails. All finger piers will be 15 ft. in length and 3 ft
where connected to the bulkhead and attached to 1 piling at the water ward end. Piers to
be covered with 2" x 6" deck boards. We propose to construct 17 finger piers.
Tie-up Pilings
Proposed tie-up pilings are 8"-10" treated pilings at lengths of 20'-25'. All pilings are to
be driven small end down to a depth of 2 ft. to every 1 ft. above ground or to a blow
count 14 blows per foot with standard weight drop. We propose to drive 78 tie-up pilings
in total.
oCM M! 1
APPLICATION for
Ma1or De~elo~ment Permit
(last nvissd 12/Z7/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
7. Primary Applicant/ Landowner lnformafion
Business Name
Swan Quarter Landing, Llc Project Name (if applicable)
Swan Quarter Landing
Applicant 1: First Name
Don MI
G Last Name
Faulkner, Jr.
Applicant 2: First Name MI Last Nama
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box
1322 City
Henderson State
NC
ZIP Country
27536 USA Phone No.
252-438-0482 ext. FAX No,
919-719-1819
Street Address (~f different from above)
490 Faulkner Town Road City
Henderson State
NC ZIP
27537-
mail _ _ .._ . _.
dfaulkner@colejeneststone.com
2. Agent/Contractor Information
Business Name
Jarvis Consulting, Inc.
Agent/ Contractor 1: First Name MI Last Name
Ralph S Jarvis
Agent! Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
223 N Respess Street Washington NC
ZIP Phone No. 1 Phone No. 2
27889 252 - 974 - 7794 ext. - - ext.
FAX No. Contractor #
252 974 7795
Street Address (If different from above) City State ZIP
S/A -
Email
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Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Projecf Location
County (can be multiple) Street Address State Rd. #
Hyde Landing Road 1136
Subdivision Name City State Zip
Swan Quarter Landing Swan Quarter NC 27885 -
Phone No. Lot No.(s) (If many, attach additional page with Ilst)
- - ext. ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
'"~~. - ~~~~tc, Fodrey Creek to Swan Quarter Bay
c. Is the water body identified in (b) above, natural or manmade? d. Name the dosest major water body to the proposed project site.
^Natural ®Manmade ^Unknown Pamlico Sound
e. Is proposed work within dty limits or planning jurisdiction? f. if applicable, list the planning jurisdiction or dty limit the proposed
®Yes ^No work falls within.
Hyde County Planning
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
4,653 LF 12.57 ac (101,145.18 SF)
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A, NWL (normal water level)
(!f many lot sizes, please attach addltlonai page with a list) 3.0" ^NHW or ®NWL
e. Vegetation on tract
Natural marsh lands, grassed, natural volunteer weeds, brush
f. Man-made features and uses now on tract
Vacant site
g. Identify and describe the existing land uses ~'ai cent to the proposed project site.
Commercial fishingdock, crab house, marina
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
N/A (Attach zoning compliance certificate, 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 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?
<FotTrt continues on next page>
m. (i) Are there wetlands on the site? Yes No
(ii) Are there coastal wetlands on the site? ®Yes ^No
(iii) If yes to either (i) or (ii) above, has a delineatlon been conducted? ®Yes ^No
(Attach documentation, Kavallable)
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Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
n. Describe existing wastewater treatment facilities.
The Swan Quarter Sewer District has an existing wastewater treatment system and this project will connect to it.
o. Describe existing drinking water supply source.
Hyde County Water System (Public)
p. Describe existing storm water management or treatment systems.
As permitted via Stormwater permit # SW7070412
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? Commercial Public/Govemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
private marina
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.
Backhoe, pile driver, and barge
d. List all development activities you propose.
Construct finger piers attached to existing permitted bulkhead and install tie pilings for boat docks.
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 ftom the proposed project? 0 ^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.
As permitted via Stormwater permit # SW7070412
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>
6. Additionallnformation
In addition to this completed application form, (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 properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (inGuding 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.
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Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
d. A copy of the deed (with state application only) or other instrument under which the applicant Gaims 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
Phone No.
Address
Name Ralph E. Jarvis
Phone No. 252-926-5351
Address P O Box 248, Swan Quarter, North Caroliuna 27885
Name Lee Bland and Madge J. Williams
Phone No. 252-926-1227
Address 4270 Loop Road, Scranton, North Carolina 27875
g.~4_list.of_previous state or federal permits issued forwork on_the-project-tract.-include permit numbers, permittee, and issuing dates..._._.__~
None known of
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.
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 October 04, 2007 Print Name Don G. Faulkner, Jr. j~
Signat~~re ~ ~ , / ~~
~:
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
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Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
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FoIITn 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 FACILITY/MARINA 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. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) length _
(fv) Width _
(v) Floating ^Yes ^No
d. (i) Are Finger Piers inGuded? ®Yes ^No
If yes:
(ii) Number 17
(iii) Length 15'
(iv) Width 2.0, Ayo.
(v) Floating ^Yes ®No
e. (i) Are Platforms included? ^Yes ®No f. (i) Are Boatlifts incuded? ^Yes
If yes: If yes:
(li) Number (ii) Number
(iii) Length (iii) Length
-(fV "Width _
(v) Floating ^Yes ^No
Note: Roofed areas are calculated from drlpiine dimensions.
g. (i) Number of slips proposed
s~$
(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:
Permitted via Maior Permit #75-07
k. Typical boat length: 22'
m. (i) Wiil the facility have Ue pilings?
®Yes ^No
(ii) If yes number of tie pilings?
7$
®No
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: 58
^ Dry storage; number of boats:
® Boat ramp(s); number of boat ramps: 1-Permitted via Major
Permit #75-07
^ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Mixed
I. (i) Wili the faci~lity be open to the general public?
^Yes ®No
2. DOCKING FACILITY/MARINA OPERATIONS ^This section not applicable
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Foirlrn DCM MP-4 (Struc#ures, 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: NIA
^ Showers
^ Boatholding tank pumpout; Give type and location: N/A
b. Describe treatment type and disposal location for all sanitary wastewater.
Gravity collection, pump station to Swan quarter sanitary sewer system.
c. Describe the disposal of solid waste, fish offal and trash.
Hyde County solid waste contract
d. How will overboard discharge of sewage from boats be controlled?
Not permitted, dock master observation
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
9 signs @ 200' +/- spacing
(ii) Give the location and number of "Pumpout Available" signs proposed.
9 signs @ 200' +/- spacing
----- _._
__.
f. Describe the special design if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
No maintenance permitted on site
g. Where will residue from vessel maintenance be disposed of?
Water wash down only activity allowed
h. Give the number of channel markers and "No Wake" signs proposed. 2 No wake signs
i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
N/A
j. What will be the marina policy on overnight and live-aboard dockage?
No live aboard dockage allowed
k. Describe design measures that promote boat basin flushing?
existing basin with tidal flush
if this project is an expansion of an existing marina, what types of services are currently provided?
N/A
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
®Yes ^No
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 Q ^SAV ^SB
^WL ^None
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Form DCM MP-4 (Structures, Page 3 of 4j
p. Is the proposed marina/docking facility located within or within Gose 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
(il) 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 FiIL) ®This section not applicable
a• (i) Number
(ii) Length
(iii) Width
__
5. REAKWATER (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 PlL/NGS and BUOYS ®This section not applicable
a. Is the structure(s): b. Number
^Commercial ^PubliGGovemment ^Private/Community
c• Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: Th/s should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
70' typically
Note: For buoy or mooring piling, use arc of swing Including Length
of vessel.
c. Width of water body
40' - 10Q
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.
b. Proximity of structure(s) to adjacent docking facilities.
1400+/-
d. Water depth at watennrard end of structure at NLW or NWL
5.5'
8. OTHER ®This section not applicable
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Forrn DCM MP-4 (Structures, Page 4 of 4)
a. Give complete description:
October 04, 2007
Date
Swan quarter Landing
Project Name
Don GFaulkner, Jr.
np
pliant Name
P
pliant Signature
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