20060006 Ver 1_Complete File_20051228

401 Projects
Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Wed, 11 Jan 2006 09:24:10 -0500
To: Ian McMillan<[e-mail]>, Cyndi Karoly <[e-mail]>, Glenda
Stokes <[e-mail]>, [e-mail]
The following project requires no 401 permit:
Terri, Keith & Dan Braswell' DWQ#: 2006 0006, Pender County
The following projects were issued 401 permits:
Audubon Point Blair Farm, Section V DWQ#: 2005 2091, Carteret County
Bryson and Associates, DWQ#: 2005 2235, Pender County
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
1 oft 1/11/2006 9:25 AM
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Q 2 0 0 6 0 0 0
RUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 22, 2005 p? ?]
?" "
MEMORANDUM:
TO: Cyndi Karoly, Supervisor op ZOdS
401 Oversight and Express Permits Unit' ?'ti7 y
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA & Dredge and Fill Permit Application Review
Applicant: Terri, Keith & Dan Braswell
Project Location: 105 Trumpet Street, adjacent to Becky's Creek and the Atlantic Intracoastal
Waterway, near Surf City, Pender County.
Proposed Project: The Applicant proposes to add a third boat slip/lift to an existing pier platform
structure. The existing structure consists of the pier, platform with a step-down,
slip/floating dock structure and slip/john boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 17, 2006. If you have any questions regarding the proposed project, please contact Gale
Stenberg at [phone], 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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
Terri, Keith & Dan Braswell
December 20, 2005
Page Two
9. PROJECT DESCRIPTION:
The applicant's proposed project is located at 105 Trumpet St., adjacent to Becky's Creek and the AIWW, near Surf City,
Pender County. The project is located within Surf City's extraterritorial zoning jurisdiction (ETJ). To get to the project
site from the intersection of US Hwy 50 and Little Kinston Rd., go south on Little Kinston Rd. and take the first right onto
Driftwood Dr. On Driftwood Dr. you go west and take the first left onto Cockle St. On Cockle St. you then go south and
take the next left onto Trumpet St. 105 Trumpet St. is the center house located in the Cul-de-sac at the streets end.
The project site is owned by Mr. & Mrs. Dan Braswell. Becky's Creek is a tributary to the AIWW and is located adjacent
to the project site area. The size of the entire track of land is 2 acres with an approximate elevation of 5 ft. above Mean
High Water (MHW). Vegetation associated with the high ground portion consists primarily of lawn grasses. The marsh
area measured from high ground to Becky's Creek is approximately 125 ft. in width and is vegetated with Salt Meadow Hay
(Spartina patens), Black Needlerush (Juncus roemerianus), Smooth Cordgrass (Spartina alterniflora). An existing 127 ft.
long by 4 ft. wide pier extends from the high ground area on the applicants lot, out across the marsh area and 2 ft. into
Becky's Creek where it connects to the existing platform, slip/floating dock structure and slip/john boat ramp. The total
length of the existing structure is 151 ft. From the waters edge at the project site area, it is approximately 600 ft. to the
marsh area located on the far side of Becky's Creek, which is vegetated with Black Needlerush (Juncus roemerianus) and
Smooth Cordgrass (Spartina alterniflora). The property has approximately 162 ft. of shoreline.
The waters of Becky's Creek and AIWW adjacent to the project site are classified "SA" by the North Carolina Division of
Water Quality. Becky's Creek is closed to the Harvest of Shellfish and is designated as a Primary Nursery Area by the NC
Division of Marine Fisheries. The AIWW area adjacent to the project site is closed to the Harvest of Shellfish and is not
designated as a Primary Nursery Area by the NC Division of Marine Fisheries.
10. PROPOSED PROJECT:
The applicant proposes to add a third boat slip/boat lift to their existing pier structure. The existing pier structure contains a
127 ft. long by 4 ft. wide pier, a platform with step-down, a slip/floating dock structure and a slip/john boat ramp. The
proposed 10.5 ft x 20 ft. third boat slip/lift would be located on the north west corner of the structure and would extend an
additional 8 ft. out into Becky's Creek. The total length of this pier would then measure approximately 159 ft. measured
from the high ground area on the applicants lot the end of the structure in Becky's Creek. The portion of the pier that
would extend from the marsh area into Becky's Creek is 34 ft. Water depths under the proposed boat slip/lift range from
1.5 ft. below MLW at a point nearest to the shoreline, to a depth of 2 ft. below MLW at a point furthest from the shoreline.
This pier would serve a single-family residential lot. The area located both east and west of the proposed project consists of
single-family residential properties, some of which also have private piers.
11. ANTICIPATED IMPACTS:
The proposed slip/boat lift would incorporate approximately 210 sq. ft. of estuarine waters and public trust area. The
project could increase turbidity levels during construction, however, no long-term adverse impacts are anticipated. This
project meets the 1/ width rule, and riparian setback requirements.
Submitted by: Gale Stenberg Date: December 20, 2005 Office: Wilmington
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1.
2.
3.
4.
5.
APPLICANT'S NAME: Terri, Keith & Dan Braswell
LOCATION OF PROJECT SITE: Proposed site is at 105 Trumpet St., adjacent to Becky's Creek and the Atlantic
Intracoastal Waterway (AIWW), near Surf City, Pender County.
Photo Index - 2000: 26-345, grid D-E 13 1995: 26-329, rid F-G 17-18 1989: 4 172 14, grid R-S 10
-> State Plane Coordinates - X: 2430246 Y: 252244 Rover File: Q072618A
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/26/05, 11/8/05
Was Applicant Present - Yes
PROCESSING PROCEDURE: Application Received - 11/21/05
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Surf City
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 - N/A
(F) Type of Structures:. Existing - Pier, Platform, Slip/Floating Dock Structure and Slip/John Boat Ramp
Planned - Slip/Boat Lift
(G) Estimated Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
TIRFTI(:RTI RTT T 1`Tl nrru1CD
(A) Vegetated Wetlands N/A N/A N/A
(Coastal)
(B) Non-Vegetated Wetlands N/A N/A 210 sq. ft.
(Open Water) (incorporated)

(C) Other N/A N/A N/A
High ground
(D) Total Area Disturbed: 210 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to add a third boat slip/lift to an existing pier platform structure.
The existing structure consists of the pier, platform with step-down, slip/floating dock structure and slip/john
boat ramp.
b. Ci , town, communi or land mark
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Is proposed work within city l m] or planning
a jurisdiction? - Yes No
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F 3 DESCRIPTION AND PLANNED USE
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b. Authorized Agent:
Name a. List all development activities you propose (e.g.
--?-'- building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
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c., Will the project be for public, private or commercial
use?
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed please attach
additional p es. ?' ?? =
er?g
project naive.
4
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2. LOCATION OF PROPOSED
PROJECT

a.
'v
County .
Revised 03195
Form DCM-MP-1
I
-r-"- m. Describe existing wastewater treatment facilities.
4 LAND AND WATER vii e.. Igrn e.- ii s es -1!fg 'E ?-
.
CHARACTERISTICS
a Size of entire tract 'Z r'1-c"2c.-3 zu#; ?4 pgo n.. Describe location and type of discharges to waters
. of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 4ae-.- '16 2 ` c,.e wastewater, industrial/commercial effluent, "wash
ow, down" and residential discharges.)
C. Approximate elevation of tract above MHW or
NWL /
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
ve// ow
e. Vegetation on tract
f. Man-made features now on tract
S. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (cow Me local land use p1m.) following items must be submitted:
Conservation Transitional
` • A copy of the deed. (with state application only) or
Community
Developed
Other
other instrument under which the applicant claims tide
Rural to the affected properties. If the applicant is not
b. How is the tract zoned by local government? claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry our the project.
zoning? Yes No
(Anach zoning &vn l mce cerfificate, if ypplicable)
0 An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
s No adequate number of quality copies are provided by
Ye applicant. (Contact the U.S. Army . Corps of
1 Are there wetlands on the site? Yes No Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
Coastal (marsh) Other
has a delineation been conducted?
If yes requirements and it must be sufficiently detailed to
,
(Aaack doaumntodon, if amailabu) guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMMION
TO ENTER ON LAND
L
• A Stormwater Certification, if one is necessary. --
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained in the permit.
have received a copy of the application and plats
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the `proposed project to the Division of Coastal approved Coastal Management: Program and will be
Management. Upon signing this form, the. applicant
` conducted in a manner consistent with such program.
provided.
further certifies that such notice has been
)
T I certify that I am authorized to grant, and do in fad,
Am e-
Name I
Address ICI VZ4,Al i Z -J_ 8rat permission to representatives of state and federal
Phone- 11 2- ° " C3 6 3 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this

,7fs
Name
permit application and follow-up monitoring of the
Address M-7 ?? ` ..._
- project.
G'--£s 414,
Phone
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone ?a$
Ibis is, the /? day of-MA-44 Q
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name % e&ell 0. 4
permittee, and issuing dates.
C
Signature
Lmsdoweer or AwthoHzed Agent
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed

Environment,' Health, and Natural Resources
'
project
(DEHNR) to coven the costs of processing the DCM MP-2 Excavation and Fill` Information
application. DCM MP-3 Upland Development
W4 Structures Information
DCM
• -A signed AEC hazard ;notice for projects in DCM MP-S Bridges and, Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the
Environmental Policy Ad (N.C.G.S. 113A - 1 to space provided at the bottom ofeach farm.
10) If the project involves the expenditure of public
funds or use of ' public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 031%
Form DCM-MP4
STRU CTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-I. Be sure' to complete all (1) _ Commercial -Community _ Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) `_. Commercial !Community ` Private
(2) Number
(3) Length (4) Width of water body
(4) Width (5) Distance buoy(s) to be : placed ' beyond
(5) ;Finger Piers' Yes No shoreline
(i) _ Number
(ii) Length f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width (1) ____ Commercial Community ..'. Private
(6)'Platform(s) Yes No (2) Number
(i) Number (3) Length I2
(ii) Length (4)- Width 11
(iii) Width
(7) Number of slips proposed g. Other (Give compteie description)
(8) 'Proximity of structure.to adjacent: riparian
property lines'
(9) ' Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL 2 '12-
b. b. Boathouse (including covered lifts)
(l) Commercial Private
(2) Length
(3) Width Applicant?Project N
c. > Groin (e.g. wood, sheetpile, etc.) Signature
(1) Number --2.r
(2) Length(s)
Date
d. `Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03/95
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100 -iN;
Permit Class `?Sl?t ?G(j0(0 Permit Number
NEW U. ??e? 21-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission FF
113 B
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11 , o
t ?D
ermt W , QU f?Q S ?
for &%c,9
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229 R,
Issued to Dan Braswell and Terri Keith, 105 Trumpet St., Holly Ridge, NC 27445
Authorizing development in Pender County at Becky's Creek, 105 Trumpet St., in the
community of Holly Ridge , as requested in the permittee's application dated 7/18/05, including the
attached workplan drawings (3), 2 dated 11/21/05,1 dated "received" 8/18/05.
This permit, issued on February 21, 2006 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void,
Boat Lift
1) Unless specifically altered herein, this permit authorizes only the 10.5 ft x 20 ft. boatlift, all as expressly
and specifically set forth in the attached permit application and attached workplan drawings. 'No other
structure, whether floating or stationary, shall become a permanent part of this expanded docking
facility without permit modification. No non-water dependent uses of structures shall be conducted on,
in or over public trust waters without permit modification.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to° Department 4Ch personn el when the project is inspected for compliance. Any maintenance work or project modification not covered es S. ones; Director'
vision of Coastal Management
hereunder requires further Division approval.
Lthat work shall cease when the permit expires on This permit and its conditions are hereby accepted.
cember 31, 2009
issuing this permit, the State of North Carolina agrees
our project is consistent with the North Carolina Coastal
gement Program. Signature of Permittee
r};.°}6=4r:w:+Qti.!S.C?}C4?w0:i+}? }?b6C4:.rP'.IFS=4-0+}+P=Q=QNP?...}}4+MC?G3Co}P'Q?"^h4v,•}#fiMO.}h?Q?P?W.M.k:..:ti.,
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Dan Braswell and Terri Keith Permit# 21-06,
Page 2 of 3
ADDITIONAL CONDITIONS
2) No attempt,shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
3) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted. activity without having it transferred to a third party.
4) This permit does not authorize the interference with any existing or proposed Federal project, and the`'
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury'
that may be caused from existing or future operations undertaken by the United States in the public r
interest.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. .
Coast Guard, through regulation or otherwise, on the 'authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather:
6) This permit authorizes a maximum of 3 boat slips, which includes the -2 slips previously authorized. At
no time shall more than 3 vessels be moored or docked at the facility without permit modification. The
restriction on the number of vessels shall apply to all marine vessel types, including but not limited to
motorboats, sailing vessels and personal watercraft.
General
7) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H;0208 of the rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging of any manner, including "kicking" with boat propellers is
not. authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure
8)_ No vegetated wetlands or open water- areas. shall be. excavated of filled-
9) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall, be made against the United States or the state of North Carolina on account of any such
removal or alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Dan Braswell and Terri Keith Permit # 21-06
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within; 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
060006.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200600367) which was issued on 1/24/06.
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