20060726 Ver 1_COMPLETE FILE_20060428

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Permit Class
NEW Permit Number
107-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and -?
Coastal Resources Commission 01
f
® rani z
JuL_ ?tJ06 for
X Major Development in an Area of Environmental Concern
DENRgTLR c pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Erie Goldfarb, 334 Cabbage Inlet Lane, Wilmington, NC 28409 r
f
Authorizing development in New Hanover County r
at adi. Wiskey Creek/AIWW 334 Cabbage
Inlet Lane. Wilmington as requested in the permittee supplication dated 1/12/06. including the
attached-work lan drawings 3 1 of 3 dated 12/7105.2 of 3 dated 1/31/06 and 3 of 3 dated 2/24/06
This permit, issued on _Inly 112006 ? , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Anyvtolatuon of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) To 'ensure compliance with 15A NCAC 07H.0208(b)(6)(J)(iii), which prohibits docking facilities
from extending more than one quarter of the width of a waterbody as measured from edge of marsh
to edge of marsh, and to ensure compliance with the Army Corps of Engineers 80' minimum setback
for a federally maintained channel, an as-built survey shall be performed on the docking facility, and
r
copies of the survey shall be provided to the U.S. Army Corp;. of Engineers and the Division of
Coastal Management, within 60 days of `completion of construction.
8
NOTE: Failure: to provide the survey referenced in Condition No. 1 may result in a violation of this
permit.'
(See attached sheets for Additional Conditions) F
i
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.
dater An appeal requires resolution' prior to work initiation or {
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance;'
Any maintenance work or project modification' not covered Chad S Jones; Director
t
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal ti
Management Program.
Signature of Permittee ?
Permit 11107-06
Lr_icG-oldfarb Page 2of 3
,. f
ADDITIONAL CONDITIONS
2 The authorized project is located within a primary nursery area (PNA). TherefoTeainnaccordance with T15.E1:07H.0208 of the Rules of the Coastal Resources Commission, non g g
a
within the PNA shall be permitted. Dredging in 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.
3) No sewage whether treated or untreated, shall be discharged at any time from any boats using the
,
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this,
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4 This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in. the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this ;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.
f 5 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. i
e shall maintain the authorized work in good condition and in conformance with the terms
O The..permute
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.
t 7) This permit does not authorize the interference with any existing or proposed u edge or pr o kt oandd the
structure injury
permittee shall not be entitled to compensation for damage to the authorized
v which may be caused from existing or future operations undertaken by the United States in the public
interest.
8 The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. t
? ?anenC r
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, perm
' reflectorsshallbe attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) This permit authorizes a maximum of two (2) new boat slips resulting ina total `offour .(4) slips on-site,
all as referenced in the attached workplan drawing labeled 1 of 3 dated 12/7/05.
General the 10 The permittee understands and agrees that, if future operations by the Unithds S States ro Leif en the
removal, relocation, or other alteration of the structure or work authorized by
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
the permittee shall be required,
unreasonable obstruction to free navigation of the navigable waters,
upon date 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.
sca•x•o-x-°}•`?`o-*rtao-?oa.:<a?a=o-w°a?<scfi': sa,rra.a.>-:,xw•.a-rca.c-:a-:n-: o-xw-.,-:-rr^.-ia-.w?a•s+`^`ro.„ri'?o-v.-.w,:o-:-, u•.aa-x-.?a..•ao-.• -:a.:,iN•:-c•:?w,•, ?v-rxas•:-rr,•arp :.,
I'
Eric Goldfarb Permit ##107-06
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in
association with the docking facility. Furthermore, due to the proximity of the AIWW, boats
utilizing the docking facility will be subject to frequent wavewash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the -
integrity of the structure and the safety of moored boats. The permittee shall not hold the State .
of North Carolina'or the United States liable for any damage to the structure or moored boats.
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 cominencenment 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.
060726.
r NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200632071), which was issued on 5/22/06.
A
v-J^hC•?#QC^:ti?'}C?C• }PO!0.}0-h`.?M.W^}QO?:-0!4?C=QQ?K 1-X:h`ti^F?.`-Y,r}h'4.`.h`+h4'NCK?Q?P-0-h`i: }A^4vY7?: M?. }?4`4`P-}pn..ti =T:v`v`-},}0..?+Y}.'?}.'-7-0.Q'vW-I?Wrh.:-}t}C4{.CarY;^Y:•`ti^h
401 Projects
Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Wed, 17 May 2006 10:56:30 -0400
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>, Doug
Huggett <[e-mail]>, [e-mail]
The following CAMA projects did not require a 401 permit;
2006 0661, Daniel Flohr: Ramp, New Hanover County
2006 0726, Eric Goldfarb, New Hanover County
2006 0731, John McNeil, New Hanover County
2006 0732, Christopher Ward, New Hanover County
2006 0733, Frank Colonna, New Hanover County
2006 0769, Patrick Koballa,_New Hanover County
Thanks,
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 of 1 5/17/2006>11:38 AM
T ,
J
A ? 2
NCDENR 3
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
April 25, 2006 1
s;
MEMORANDUM:
TO: Cyndi Karoly u
Supervisor ;.
401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett
Major Permits Coordinator ; X006
pPR ? $
SUBJECT: CAMA Permit Application Reviewout'
M ..
`
Applicant: Eric Goldfarb
Project Location: 334 Cabbage Inlet Lane, adjacent to Whiskey Creek, in Myrtle Grove n
Sound, in. New Hanover County. k

Proposed Project: Applicant proposes to construct one finger pier at an existing docking :i
j
facility in Whiskey Creek/Myrtle Grove Sound.` 61

Please indicate below your agency's position or viewpoint on the proposed project and return '
this form by May 19, 2006. If you have any questions regarding the proposed project, please
contact Robb Mairs 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.
Ai
,
?
a
This agency objects to the project for reasons described in the attached
comments. q tr
SIGNED DATE 4 {
1
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
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Eric Goldfarb
2. LOCATION OF PROJECT SITE: 334 Cabbage Inlet Lane, adjacent to Whiskey Creek, in Myrtle Grove Sound,
in New. Hanover County.
Photo Index- 2000: 21-265: R, S=8, 9 1995: 21-248: Q, R-12,13 1989: 4-178-25: H, 1-6,7
State Plane Coordinates - X: 2345578 Y: 150843 GPS - 0-111519A
3. INVESTIGATION TYPE: ` CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/15/05
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - 4/21/06 (completed)
Office Wilmington
6 SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover Co.
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: EW, PT
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - None
(F) Type of Structures: Existing - Single-family residence, private pier, floating dock, finger pier and boatlift
Planned - One finger pier
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A'
7. HABITAT DESCRIPTION: [AREA]
(D) Total Area Disturbed: 84 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct one finger pier at an existing docking facility in
Whiskey Creek/Myrtle Grove Sound.
Eric Goldfarb
Page 2
9. _ PROJECT DESCRIPTION:
The project site is located at 334 Cabbage Inlet Lane, adjacent to Whiskey Creek/Masonboro Sound, in New Hanover
County. To locate the.property traveling south on College Road, take a left onto Mohican Trail and travel approximately
1.3 miles. Turn left onto Masonboro`Loop Road and travel north approximately l mile. Turn right onto Masonboro Sound
Road and travel east for approximately 0.3 miles until you come to Cabbage Inlet Lane. Turn right and travel south
approximately 0.4 miles until you come to a dirt driveway. Continue down the driveway until you reach the property of
interest directly ahead. The 2.6acre lot averages 15-20 feet above mean sea level and has approximately 500' of shoreline.
The applicant maintains a single story, single-family residence on the property. Upland vegetation consists of lawn grasses,
landscape shrubs and hardwood species including Oak and Dogwood trees. Other woody species include Pine trees.
Waterward of the highground area the vegetation transitions into a narrow strip of coastal wetlands approximately 30' in
width consisting primarily of Black Needle Rush (Juncus roemerianus),and Smooth Cordgrass (Spartina alterniflora).
There is an area that exhibits oyster reefs visible in the mud flat at low water. The applicant recently received a CAMA
General Permit No. 43390-D on 12/15/05 for a private docking facility. The new pier (100' in length by 6' in width)
extends into Whiskey Creek in a southerly direction and terminates into a "T-head" platform (14' in length by 12' in
width). There's an access ramp that leads from the platform into a floating dock (32' in length by 5' in width), which runs
parallel to the shoreline. A finger pier (24' in length by 3.5' in width) extends from the floating dock, which runs
perpendicular to the shoreline. The finger pier also runs in the same alignment as the access pier. A boatlift (12' in length
by 14' in width) exists on the eastern side of the finger pier. The application indicates that current water depths are -2'
relative to Mean Low Water (MLW) within the project area.
In the project area, the waters of Whiskey Creek are classified as SA by the NC Division of Water Quality, and they are
CLOSED to the harvest of shellfish. These waters. are designated as a Primary Nursery Area (PNA), by the NC Division of
Marine Fisheries.
PROPOSED PROJECT:
The applicant proposes to add one finger pier to the existing docking facility in Whiskey Creek/Myrtle Grove Sound. The
existing finger pier and boatlift would be relocatedto the eastern end of the existing floating dock. A new finger pier
measuring 24' in length by 3.5' in width would be installed on the western end of the floating dock. The result of this
configuration would be a "U-shape" docking facility that would be oriented with open end of the "U" facing towards the
south.
10. ANTICIPATED IMPACTS:
The proposed finger pier would incorporate an additional 84 sq. ft. of Estuarine Waters and Public Trust Area. Minor
increases in turbidity should be expected during construction. The proposed finger pier would extend approximately 117
feet into a waterbody which measures approximately 470 feet across, which would conform with the 1/4 width rule and the
established pier lengths. As proposed, the applicant's proposal would not encroach into the established channel of
Whiskey Creek.
Submitted by: Robb Mairs Date: 4/21/06 Office: Wilmington
Fon DCM-MP-1
i W.. y. .. '?.t L-.. i
TP I f°fl 1 1 1 t y I'L
P
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TI
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-
R 2
8 2006 (To be completed by all applicants)
ATr--R

b. City, town, community or landmark
1. APPLICANT ;a

c. Street address or seco dary road number
e
a. Landowner: ?. , ! c +-
-

Name ? t i ?, 0- ?UfL,?+? ?
?t? d. Is proposed work ithin city limits or planning
jurisdiction?
Yes No
_
Address 33 r4har, t L

cit
t
otl/?' - St e. Name of body of water nearest project (e.g./ river,
creek, sound, bay) w VN 6 Vr_V 0,t ctili / t uJ
y
a
e
Zip Day Phone -79 0 - 333

Fax - 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:

Name f , ;, jv j a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address 13 326 exeav tion and/or filling activities.
400 7A
. ,kdd,+rw P
City AZ LX State
'Vel ?? t'xrS 11?- yc l?.
Zip Day Phone 0140 _713-q1 'f b
Is
h
d
.
t
e propose
activity maintenance of an existing
Fax Llo)
?(? - ? project, new work, or both? A,16t- tl
c. Will the project be for public, private or commercial

c.
Project name f any)
(i use? Sri yA?-e
d. Give a brief descri
tion of p
rpo
e
,
eth
d
of
p
u
s
, use
m
o
s
construction and daily operations of proposed

NOTE: • Permit will be issued in name of 1m+alowncr(s), mid/or
project. If more , please attach
space is needed
project name. additional pages. -7, t. L2LL14QX& ,X
G tf 1Tl(.Y1
2. LOCATION OF PROPOSED of

PROJECT 19
i oc,?s
AA r)6 (i 4tt-
County Am er
Z'rn w? Lr` w on
be-
6A_ MI(
'103/95 r`GtUi D1? cam` We?' crJll?j A1C?(?
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JCCJ,f w j Ir t onY a [lows 9r-cl) U,-,5 'I
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Form DCM-MP-1

m. Describe existing wastewater treatment facilities.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 'a . l tar re < n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above M1-1W or SyrT"-CO e, J-VA) '.
NWL "/6- ` - t -;, o'
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
17D 0,;,oi

e. Vegetation on tract ??ntS ?4L_ c 4
1
5c,1'v?, -?-rr,c5

f. Man-made features now on tract 5,_i.
5. ADDITIONAL INFORMATION

g. What is the CAMA Land Use Plan land addition to the completed application form, the
classification of the site. (Co,uutr the local land use plan.) following items must be submitted:
i
C
T
a
i
l
i
onservat
on
r
ns
ona
t
Developed Community A copy ,of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
e_,-An forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the prop
roject consistent with the applicable from the owner to carry out the project.
zoning? No
=Yes
(Anach zoning conTliance certificate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological ass ent<been ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes 1 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 oes it involve a National only high quality copies wi11 be accepted.> Blue-line
Register listed or e ' ible property? prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by

Z applicant. (Contact the U.S. Army Corps of
1. Are there wetlands o e site?
Yes No Engineers regarding that agency's use of larger
Coastal' (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? A10 requirements and it must be sufficiently detailed to
'(Attach docunentadon, if available) guide agency personnel unfamiliar with the area to the
Revised 03/95
.
r A _A ?3 v i....
Four: DCM-MP-1 Du??,? Jig ?7i"yG i-?,); NC
JAN 1 2 2006
site
Include hi
h
da
`
.
g
way, or secon
ry
road (SR)
numbers,' landmarks, and the like. 6. CERTIFICATION AND PERNIISSION'

• A Stormwater Certification, if one is necessary. TO ENTER ON LAND

• 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
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30days in which to submit comments I certify that to the. best of my knowledge,. the proposed
on the proposed project to the Division of. Coastal activity complies with the State of North Carolina's
Management. Upon signing this form,
the applicant ` approved Coastal Management. Program and will be
.
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name t C??n l M &4AA1 I certify that I am authorized to grant, and do in fact,
Address grant permission to representatives of state and federal
Phone ?6'9ty) H5), -- 31 Y) ` review agencies to enter on the aforementioned lands in

Nam connection with evaluating information' related' to this
e r+?S
Address permit application and follow-up monitoring of the

Phone =i o) a i .7? - 03,1,-) project.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone

• A list of previous state or federal permits issued for ->vo6
This is the day of , +],
.
work on the project tract. Include permit numbers,
Print Name &I eo vj
permittee, and issuing dates.
-11
ltd °'.? f21151e: 5 Signature
Landowner or Authorized 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 cover the costs of processing the
application. DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
-Z DCM MP4 S
• A signed AEC hazard notice for projects in tructures Information
oceanfront and inlet areas. DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North' Carolina
Environmental Policy Act.
Revised 03195
JAN.30.2004 9:04AN NCDENR WTRO N0.642 P.2

FormDCM-MR4 DCvl VVW1. ; : ';, `
I-AN 1 ? COO"
STRUCTURES
WAnsuvction wUhin Pubic Tnot Arm)
Attach this form to Joint Application for CAMA Majorr e. Mooring buoys
Permit, Form DCM-Wi Be am to compleae all (1) _ Commercial _Commuaity - Private
other sections of the Joint Application which -relate to (2) Number -?-
Ws proposed project.

C ("a) Description of buoy
(Color, inscription, size, anchor, etc.)
s
a Dock(a) andlor Pier(s)
(1) Commercial _Ccmmanity I Private -1 7 77
(2) Number exsi? 6'x l c
h --
(3) L
X 3
`
0
engt
?x5h S (4) Width of water body
(4) Width -
(S) Finger Piers --- Yes NQ ?j po J (5) l)lstaace buoy(s) to be placed beyond
Moreiine
(i) Number
? ?l?
(ii) Length Z u ` P'
(iii) Width Mooring struetur atti mooring pUi , etc.}
i
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u
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ty ,
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(6) Platform(s) Yes No Jxtsbh

Q) Number --- (;Z) Number

(3) i ??c<S iW
Let*
iii) Length lam'
'
(4) Width /'V
(iii) Width
('7) Number of slips proposed tl ^, g. Other pw oa wim slucri H#N
(S) Proximity of at?uc turn to agacent: riparian
property lines _
(9) Width of water body o f IV 1 /7
(10) Water depth a waterward end of pier at
MLW or NWL ' Z' ML i.?1
b. Boathouse (mcluding wvered lifts)
(1) - CoAnnKcial Private 7
UL1
(2) Length o
6
(3) Width --? Applwt pfd ..

t Groin (e.g. wood. shegUe, etc.)
(1) Number

Date
d. Breakwater (eg. wood, sheetple. etc.)
(1) , Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands -

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