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HomeMy WebLinkAbout20061096 Ver 1_COMPLETE FILE_20060705Permit Class NF.W Permit Number 157-06 STATE OF NORTH CAROLINA Department of Environment and Natural Resources a9 + D Coastal Resourand ces Commission !!I;z . 15 M6 ? t urru, wATER Qu^L11Y for f55 U ?? 1?'Eit.1?J183 ?ti? 9TF?!!?1l ?',R,A-rill X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Daniel and Moira Post, 5525 Peden Point Road, Wilmington, NC 28409, Authorizing development in New Hanover County at adj. a man-made canal in Myrtle Grove Sound 5525 Peden Point Rd., Wilm. as requested in the pennittee's application dated F/_ 2/06 (MP-1 and MP-4L- and 6/14/06 (MP-2) including the attached workplan drawings (4) all dated 6/2/06 This permit, issued on Oetnher 11, 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead shall not extend waterward more than an average of 3 feet from the normal high water level and at no point be more than 5 feet from the normal high water level at any point along its alignment at the time of construction. 3) The bulkhead shall be constructed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2009 In issuing this permit, the State of North Carolina agrees that your proiect is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Daniel and Moira Post ADDITIONAL CONDITIONS Permit 4157-06 Page 2 of 4 zl) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. . 6). The fill material shall be clean and free of any pollutants except in trace quantities. 7) All fill material placed above and below the normal high water level shall be. obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material shall be placed within 30 feet of the normal high water line, except that which will' be used to backfill the area behind the permitted bulkhead. 9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Docking Facility 11) 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 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. 12) 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, an as-built survey shall be performed on the docking facility, and copies of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. At a minimum, the survey shall include the location of the new bulkhead and pier, and the distance across the waterbody, as measured from the new bulkhead to the waterward edge of marsh on the other side of the canal. NOTE: Failure to provide the survey referenced in condition No. 12 may result in a violation of this permit. 13) The authorized floating dock shall be designed and constructed in such a manner as to ensure that no portion of the dock sits on the canal bottom during periods of low water. Daniel and Moira Post ADDITIONAL CONDITIONS Permit 4157-06 Page 3 of 4 14) 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. 15) . 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. 16) 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. 17) 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. 18) 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. 19) This permit authorizes a maximum of 1 boat slip. General 20) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structures 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. Daniel and Moira Post Permit #157-06 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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 authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 061096), which was issued on 7/28/06. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200633035) which was issued on 9/20/06. OF W ATF9 Michael F. Easley, Governor p William G. Ross Jr., Secretary ?O North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E., Director DLUal p .? Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 28, 2006 Daniel and Maria Post 5525 Peden Point Road Wilmington, NC 28409 Subject: General 401 Water Quality Certification #3490 5525 Peden Point Road DWQ Project #061096 New Hanover County Dear Mr. and Mrs. Post: J` r s r ? F S°° I? The Wilmington Regional Office received your application for a CAMA Major Permit from the Division of Coastal Management on June 29, 2006. The wetland impacts proposed are for the purpose of constructing a new bulkhead and a floating dock. You are authorized to proceed with your project as proposed under General Water Quality Certification (WQC) # 3490 (enclosed). This Certification can also be found on line at: littp://h2o.enr.state.nc.us/ncwetlands/ccrts.litm]. This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of the General Water Quality Certification. This Office strongly recommends that you receive your Non-Discharge Wastewater Permit, State Stormwater Permit and Sedimentation Erosion Control permit prior to any ground disturbance. If at anytime during construction of your project you detennine that you cannot meet these conditions or if there are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215. Sincerely,/ Noelle Lutheran Environmental Specialist III Enclosure: WQC #3490 cc: Jimmy North - 6314 Wrightsville Ave, Ian McMillian - 401 Oversight Unit Dave Timpy - USACE Wilmington Doug Huggett - DCM Morehead City Robb Mairs - DCM WiRO Central Piles WiRO Wilmington, NC 2§4(-&= AUG 0 1 2006 DENR - WAT'i ? ,LiTY V ETUJ:9S NND EFUNCH N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally WQC #3490 A. ERIl I f3f?. WATIIUR;JALITY CERTIFICATION AND WRITTEN DIVISION OF WATER ?kw? I O LIYj G C4 FOR SPECIFIED BOAT RAMPS, BULKHEADS, SHADING, _, =7 }3t+i lEi tS? M ?fM E>iV hl PE DREDGING, UTILITY LINES AND UPLAND DEVELOPMENT GENERAL 401 WATER QUALITY CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification and written concurrence is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3351 issued on March 18, 2002. This Water Quality Certification (WQC) is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of the Division of Water Quality (DWQ). The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification, the CAMA Permit and General Permit 198000291. If any condition in this Certification cannot be met, then the applicant is required to submit an application and receive written concurrence from DWQ prior to beginning work; 2. The following activities do not require written concurrence and do not require payment of the 401 Water Quality Certification fee - • Boat Ramps and associated access (i.e., roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet and except when associated with new marinas, subdivisions and commercial development); • Shoreline protection measures that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the water line more than 10 feet, provided that the activity will not involve the excavation or filling of any SAV or shellfish resources and impacts less than 500 square feet of vegetated wetlands or less than 100 square feet of coastal wetlands; • Piers and docks designed to accommodate fewer than 10 vessels and the water depth is greater than three feet; • Maintenance dredging of less than 0.5 acres of water or non-vegetated wetlands provided that the applicant can provide written documentation showing the historic dimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds are excavated or filled; • Projects that only involve shading of waters or wetlands; • Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary; • Upland development which involves no more than 1/10 of an acre of excavation or filling of non-coastal wetlands, with the exception that no more than 2,000 square feet of the non-coastal excavation or filling may take place within an Area WQC #3490 of Environmental Concern. For the purposes of this area calculation, the excavation or filling impacts of boat ramps, bulkheads or other shoreline stabilization measures must be considered. The applicant must comply with all applicable coastal stormwater rules; Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit. 3. Activities authorized by Coastal Area Management Act (CAMA) General permits do not require written concurrence from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 4. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies by the Division of Coastal Management; This certification does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. Specifically, the permitee shall contact the North Carolina Division of Water Quality to determine consistency with the Neuse or Tar-Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259) (or any other river basins with Buffer Rules in effect at the time of application). Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233 and .0259. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 6. Appropriate sediment and erosion control practices that equal or exceed those outlined in the most recent edition of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DENR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater classes, and all lakes and reservoirs); 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 9. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 10. This General Certification is not applicable to a project where the Director of the Division of Water Quality or the Director of the Division of Coastal Management have WQC #3490 determined, based on an initial review of the application, that written concurrence is needed because of concerns related to water quality or aquatic life. 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. If written concurrence is required for this activity, DWQ shall be sent a written notification within 30 days of completion of the wetland or stream impact or upon expiration of the 404 Permit or 401 Certification. Such notification shall be sent to the Central Office of the Division of Water Quality on the form provided with the . Certification, shall be accompanied by a map depicting the work completed, and shall be signed by the land owner or other responsible party; 13. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters. 15. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 16. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. WQC #3490 17. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparianareas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 18. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion controldevices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 31 December 2004 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3490 ?1 AUP01113k a NC®ENR 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 2 0 0 6 1 0 9 6 ???t1 V June 29, 2006 JUL 0 5 2006 MEMORANDUM: UENR - WATER QUALITY WTIV fDS AND STORNATER BRANCH' TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Daniel and Moira Post Project Location: 5525 Peden Point Rd., adjacent to a man-made ditch in Myrtle Grove Sound, New Hanover County Proposed Project: Construction of a new bulkhead and floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 23, 2006. If you have any questions regarding the proposed project, please contact Robb Mairs 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 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2 3 4. APPLICANT'S NAME: Daniel and Moira Post LOCATION OF PROJECT SITE: 5525 Peden Point Road, adjacent to a man made ditch in Myrtle Grove Sound, New Hanover County. Photo Index - 2000: 21-263, 0-7 1995:21-246,N,0-16,17 1989:4-178-22,F-16,17 State Plane Coordinates - X: 2342141 Y: 140202 INVESTIGATION TYPE: CAMA/D & F ROVER FILE # - 0-051615B INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/16/06 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 6/20/06 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: CW,ES, EW,PT, OR (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Single family residence, pool and private dock Planned - New bulkhead and floating dock Source - N/A 7. HABITAT DESCRIPTION: [AREA] T)RFT)GFD FTT T FT) (1TNFR (A) Vegetated Wetlands (Low Marsh) 100 sq. ft. (B) Non-Vegetated Wetlands (Open water) 84 sq. ft. (C) Other (Highground) 1,620 sq. ft. (D) Total Area Disturbed: 1,804 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead and a floating dock. Daniel and Moira Post Page 2 9. PROJECT DESCRIPTION: The project site is located at 5525 Peden Point Road, adjacent to a man made ditch or mosquito ditch, in Myrtle Grove Sound, in New Hanover County. To find the property, take College road south from Wilmington towards Carolina Beach. Turn left onto Piner road at the intersection of S. College Road and NC Hwy 421, and follow until you reach a stop sign at Myrtle Grove Road. Continue to head east after the stop sign onto Peden Point Road and take the first left onto Peden Point Road. The property of interest will be located on the left. The applicant's highground development includes a two story single- family residence, pool, and a small dock within the man made ditch or mosquito ditch. The lot is approximately 1/2 acre in size and averages 6 to 7 feet above mean sea level. Upland vegetation consists of ornamental shrubbery, lawn grass and pine trees along the approximately 90' of shoreline. Overall, the shoreline of the property is eroding, which exposes the root system of the pine trees along shoreline. Adjacent to the shoreline is a small private fixed dock, which extends into the ditch. Located on the northern end of the property is a small area of area of coastal wetlands averaging approximately 5 feet in width, consisting primarily of Salt Meadow Grass (Spartina patens). The New Hanover County Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. The waters of Myrtle Grove Sound are classified SA-ORW by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicants propose to construct a bulkhead and a floating dock. The application states that a new wooden bulkhead would be constructed to prevent further erosion to their property. The bulkhead would be aligned so as not to exceed an average of 3' waterward of Normal High Water (NHW) and at no point exceed 5' waterward of NHW. The application states that in order to straighten out the irregular shaped shoreline due to erosion, the new bulkhead would incorporate the coastal wetlands on the northern side of the property. Additionally, the applicant proposes a floating dock l2' in length by 7' in width adjacent to the new bulkhead within the ditch. The application states that water depths at this location are approximately +2' @ Normal Low Water (NLW). The applicants have designed the floating dock to remain fixed 12" above the exposed substrate @ NLW. The structure would float during higher times of the tidal cycle. 10. ANTICIPATED IMPACTS: The proposed new bulkhead would incorporate approximately 270 sq. ft. of Estuarine Waters and Public Trust Area and would result in the filling of approximately 100 sq. ft. of Coastal Wetlands, vegetated primarily with Salt Meadow Grass (Spartina patens). The project would result in the disturbance of approximately 1,620 sq. ft. of highground area as a result of the bulkhead back fill and installation of the tie- back/anchor system. The floating dock would incorporate approximately 84 sq. ft. of Estuarine Waters and Public Trust Area. The floating dock would extend approximately 7' into a waterbody, which measures a distance of approximately 28' across. This distance would conform with the '/4 width rule. Submitted by: Robb Mairs Date: 6/26/06 Office: Wilmington Form vCM-MP-I A -MP%. WIM Im. WIRM, WOW& T old A" r.rLaw-,oXti (To be c omplatod by all eppllcants) b, City, tow! co?ttnp* gr, landmuk 1. APPLICANT ?//?Y. c. Sircot}?dsrs or ccoadary mid, cumba- a. Lardcwner: S ?-d14-1.14o/ 1 N=* ' c a lye ; ,- a ???; s Address_S? ary State A) C Zip 8Day Facna _ '? 5 3 G %? y 3 Fax b. Authorized Agent: d. Is proposed work within city limlts or planning Jurisdictlon7 .,._' Yes No e. N=o of body of water nearest project (ex. rivar, creak, sound, bay) tLor mo -/e_-c 3. DESCItI MON AND PLANNED USE OF PROPOSED PROJECT Address ?- city State Zip Day Phone A/ Fax _9/0 S G - 6 3 ?'L C. proJa-t Dune (if any) prgjea unw. 2. LOCATION OF PROPOSED PROJECT a. county_ yJe? a.v?u Ar RECEIV la DCM WILMINGTON. NC JUN 2 0 2006 a. List all dovalopmont activities you propose (e.g. building a hoses, moral, mariea, bulkhead, pier, sad vatioa and/or fulia$ activioi . -r: _ a _ tou(_((c ra nl 4- b. Is the proposed activity maintananco of an :xistuag project, now work, or both? o,: -I? c. Will tbo pro be for?ublic, private or co=ercial uss7 on e d. Give n brief dacription of purpose, use, methods of cocitrvction sad daily opuations of proposed project. If moro space is ceaded, please Attach J 5 rteri;.ad Qd1 lj Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 5 acre- b. Size of Individual tot(s) S A rvmI?- c. Approximate elevation of tract above WWX or NWL_ 4.o' d. Soil type(s) and texrsre(s) of tract e. Vegetation or tract ---/r,?.?--r??? cc 4e-d f. Man-made features now on tract r1ov s c- g. What is the CAMA Land Use Plan land classification of the site? (Ccnrult w kasi rana wt plan.) f Conservation Developed Rural ?tansitionai Community Other h. How is the tract zoned by local government? f2 - !S i. Is the proposed project consistent with the applicable zoning? ? Yes No Wlach zoning cawpllanre cer7ocwt, if appU=blt) j. Has a professional archaeological assessment been done for the tract? ,,,.„.,_ Yes ? No If yes, by whom7 k. Is the project located in a National Registered Historic District or does it involve a National Register listed or ell ible property? Yes No 1. Are there wetlands on the site? / Yes ,- No Coastal (marsh) _,y,;::? -, Other .___... If yes, has a delineation been conducted! k-9,4 (AaacA doaawen=an, V available) m. Describe existing wastewater treatment facilities. -) U C yGti1? n.. Describa location and type of discharges to waters of the 6tate. (For example, surface runoff, sanitary wastewater, lndustrial/commercial effluent, "wash down" and residential dlscbarges') 5 (4/^ (0,c C. ru--J o. Describe existing drlnking water supply source. 1, ? r l / S. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: o A copy of the d=d (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is net clakning to be the owner of said property, then forward a copy of the dead or other instrument under which the owner claims title, plus written pemtission from the owner to carry out the project. © An &=rate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an S 111" by I1" white paper. (Refer to Coastal Resmurcas Commission Rule 71.0203 for a detailed description.) Pkase note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an edequate number of quality eoplcs are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map Is a part of plat requirements and it must be sufficiently detailed to guide agency perscanel unfamiliar with the area to the RECEIVED GCM WILMINGTON. NC JUN 2 0 20no Rerlud 03!33 Form DChi-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. A Stormwater Certification, if one is necessary. 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 certifled 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name o r Address 71 u 1; /r C P Phone `?ioSb - to Name l?r tro.? f2 S GrC Address 55 • l e 1Z ; roc " cL/ Phone q 1 0) 399- 26 Z5 Name Address Phone A list of previous state or federal permlts issued for work on the p.oje,-t tract. IrcIude permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Heath, and Narural Resources (DEHNR) to cover. the costs of pros-msing the appl Ication. 0 A signed AEC hazard notice for projects in oceaafront and inlet areas, 0 A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. II3A - I to 10) If the proje_--t involves the expenditure of public funds or use of public land's, attach a statement documentin, compliance with the North Carolina Envlronmentai Policy Act. 6. CERTIFICATION AND PER.NESSION TO ENTER ON LAND 1 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 conditions and restrictions contained in the permit. I cartlfy that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the _ day of 200 Print Name ,-? i r1? c ??L ??d Signature r or,( rized Agew Please indicate attachments pertaining to your proposed project. DCM MP-2 _aZ Excavation and Fill Information DCM MP-3 Upland Development ?.! DCM MP-4 Structures information DCM MP-s Rridgm and culverts +,. DCM W-6 Marina Development NOTE. Please sign and date each arracAment in the space provided at the borrom of each form. RECEIVED OCM WILMINGTON, NC !UN 2 0 2006 :erirAd 065 Porn 001-HP-4 "w"" sw or (Canstrttc'.lon withln ?Ubllc Trust Ami) Ars:h Vs fcrm to JOtnt App,iantioa for CAM,A Major Percftlc, Form DCM-MF-l, Be SIM to Wr-ple:o sil other atxtlons of ft Jeiat Appllmtic: wbirh r? scr. tc this PrOpnd projc: , zod*) ud/or Plot($, (%) . Corr=aralal .,..Co='sniry l?Privue (Z) Numbe wid;b (1 Fiai:. Plers Yew (!,I NL'Ct?E! (iq Lartgth (6) Plssfatz?ts) YU No (I) h'uaher (iiij Wide v - Number of silps propcsod (9) P; Oz: ;.iry of s mic:jr: w sd)a;s ot rpari?4 pr0p:T+:1.:m / ' 7? 2: (9) Wide cf wZ-- body (10) water depth V. wats.-Nud ead cf pier at b. Ecat);auu C;t:eiudi.c? wver? 11?s) (p) L (3) Width Qroia 0-I. v'oed, sb:e? ' c (1) Numbs: c. ?r4?S??'zter (Q,g, wood, s?r??e, t~:,) _ (:) Licit (=) Avar:;e disup a HE-w HW1. ar wa?izds 0) Muimum du'mu?TS-I?g? NrCtlt-di C. btooring buoys (1) _.- Commer:isl rvruriry I?:iv=ta Number (3 Daaarlpt!on of buo (Color, Imiliptfcn ttnchar, a::,) (;) Width w cx body . (8) Dcs'.anca buoy(s) to b o,:ed Sv aad aborolina __„ww f. ti!odring sttu.vrc (boa:llft, r.,oari^,? pi:inps ?::.; (I) ....., Corrmarcia! cT?tunlry," F:ivate (3) Number (3) Unpth (;) w'ldtis B Cs5cr r ' 1 CA 44 / damp, / Gr .4 ?Y I < S ?t P_ ,?N w o O e. r ,5 0,- r- lacy Nn?e t? _,..?. U G pay RECEIVED (ACM WILMINGTON, NC JUN 2 0 2006 Form DCbI-INIP-2 IE?YcCAVATIOl?T At IND FILL (Except bridges and culverts) 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. Describe below the purpose of proposed excavation or fail activities. All values to be given in feet. Ayers,-. Fiasi Existing Plmletz Ungth Width Depth Depth Access channel (MLW') or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shorcGne c'?hiIiutionl, Revised 03/95 x '? 1•'-rFfC --w 1. EXCAVATION a. Amount of material to be excavated om below M`HW or NWL in cubic yards 14 b. Type of material to be excavated iV ld c. Does the area to be excavated include coastal wetlands (marsh), submerges aquatic vegetation (SAVs) or other wets Ids? Yes No G/,-7 ?/OC d. Highground exca ation i,ii cubic yards 2. DISPOSAL OF EXCAVATED NIATER AL a. Location of disposal area A-IN b. Dimensions of disposal area c. Do you claim tide to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? N d Y No If yes, where? It-/? i RECEIVED OCM WILMINGTON, NC JUN 2.0 2006 Form DCM-N, P-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes 49- No f. Does the disposal i elude any area in the water? Yes No If yes, (1) Amount of material to be placed in the water -5 e) .- W 5 (2) Dimensions of fill area S',- 3, x gO (3) Purpose of fill 6cdk PcQ ( 3. SHORELLNE STABILIZATION a. Tyre of s reline stabilization Bulkhead Riprap b. Length fir' O c. Average distance waterward.of MHW or, NWL X d. Maximum distance water ward of MHW or NWL S' e. Shoreline erosion during preceding 12 months (Source ai ir(errr. 1n) ? f. Tvpe of bulkhead or r riprap material w c:n rJ' yJaf?L r',2 g. Amnount of fiii in cubic yards to be placed be'.ow water level (1) Riprap (2) Bulkhead backfiil S O S?- r' A h. Type of fill material So i. Source of fill material -5c?.v? n 41 1 7L 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill, material be brought to site? Yes No Will fill material be placed in coastal wetlands (m sh , SAVs or ether wetlands? V Yes No ?110? If yes, ((? l x ]) Dimensions of fill area 3x V o `l (2) Purpose of fiil Sec (c 5. GEtiERAI. a. How will excavated or fail material be kept on site and erosion controlledl i What type of constnu ion equipment will be used (for example, dragiine, backhoe, or hydraulic dry' Z!)? (..)cr. L ,?. e c. Will wetlands be cr;ssed to project site? Yes If yes, explain steps that environmental impacts. _ App ' /t or Project Name ?o S 7L s'?c Date in transporting equipment es No will be taken to lessen Revised 03195 pl, O I 1?G C S.(w C P. C-1v _ . ._._ Lti7G,?P ,-.. ?•?s-/' ? ?,• T ? ? G?;J f.,,.C ?? ?lt E= ? e! IIe .h -e°C?C% i s /v P?<???, %lec cys. c, c Cio c.1 c a S d ?a /l b r? to ?l ?J c lc S w l 1? ` &?`fir C_ RECEIVED DCM WILMINGTON. JUI?'v E &A ? o ? i ro o s ZI ^l 1 w •LC 1 (, ' L 1.0)4\ w RECEIVED DCM WILMINGTON. NC RJN. r a ? qZ i to 0? ?Y w n' C 0 41 W I? tr ' H JUN 2 0 M6 114 k \ °n 0 I t +_-J I ?I 0 RECEIVED GCM WILMINGTON NC IN 2 0 2006 J 1 d ? ? G W ? cV 4-1 o -lt 0 2 L? U ? n .3 ? ti 4 'h . . v i - 1 RECEIVED 177)?- NJ i ?j 4 i l