20061305 Ver 1_COMPLETE FILE_20060811

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Permit Class Permit Number
NEW 203-06
STATE OF NORTH CAROLINA
Department of Environment. and Natural lesources OCT F
and
Coastal Resources Commission
d 06 1305
for
,.?nANMsLiW?t?aBRpNCH X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pu,rsuarit to NCGS 113-229
Issued to Tidewater Landing, LLC, c/o Nat Smith, 1130 Mallard .Bay Drs Wilmington, NC 28443
Authorizing development in Pender County at _Virginia Creek, off of Watts Landing, Surf
City , as requested in the permittee's application dated 7/26/06 (MP-1 & MP-
and 5/3/06 (MP-4) including attached workplan drawings (12), as referenced in condition No. 1 of this permit.
This permit, issued on December 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in compliance with the attached
list-of workplan drawings: sheets 5 through 7 of 9 dated 4/10/06, sheets 8 and 8a of 9 dated 4/20/06,
sheet 9 of 9 dated 4/26/06, drawing no. H05-5082 dated 11/15/05, sheets Append 1 and Append 3 dated
7/14/06, sheet Append 2 dated 6/29/06, and the project narrative dated "received Wilmington 7/31/06".
2) In accordance with commitments made by the permittee in the project narrative dated "received
Wilmington" 7/31/06, and in order to comply with 15 NCAC 07H.0209(10) which states that no `.`non-
water dependent" development shall take place within 30 feet of the normal high water level, the "Tot
Lot", which includes any fence or mulch material used in the creation of the "Tot Lot", shall be located
entirely landward of the 30-foot setback. Any reference to the "Tot Lot" in the attached workplan
drawings delineating the "Tot Lot" waterward of the 30-foot set back is hereby null and void.
(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 shall 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 shall cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Chas S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
,
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Tidewater Landing, LLC, c/o Nat Smith Permit It 203-06
Page 2 of 4
ADDITIONAL CONDITIONS
Upland Development
3) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the property located adjacent to Virginia Creek, off of Watts
Landing in Surf City, including the paving of the existing dirt roads and the installation of utilities
within the subdivision, the 55 ft. x 25 ft. "Tot Lot", the 20 ft. x 20 ft., gazebo located a minimum of 30
feet from the normal high water level, the 6 ft. x 70 ft. wooden walkway which includes the bridge
elevated 'a minimum of 3 feet above the coastal wetland substrate, and the. 10 ft. wide walking path, all
as expressly and specifically set.forth in the attached permit application forms and drawings. Any
additional land disturbing activities and/or construction may require a modification of -this permit.
Contact a Division of.Coastal Management representative at (910) 796-72.15 for this determination.
Docking Facility
4) Unless specifically altered herein, this permit authorizes the 6 ft. x 40 ft. access walkway extending from
the authorized gazebo, the 6 ft. x 125 ft. fixed pier, the 6 ft. x 157 ft. floating dock, the four 4.25 ft. x 20
ft. finger piers, and the 8 boat lifts and associated mooring pilings, all expressly and specifically set forth
in the permit application and attached workplan drawings. 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.
5) hi order to prevent any unauthorized docking, a handrail shall be constructed on the east end of the
floating pier and on the east side of slip # 8.
6) 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.
7) All portions of the pier located over coastal wetlands shall not exceed a width of 6 feet and shall be
elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking.
8) 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.
9) 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.
10) 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
interest.
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Tidewater Landing, LLC, c/o Nat Smith Permit it 203-06
} Page 3 of 4
f
ADDI'T'IONAL CONDITIONS
11) The perinit.tee shall install and maintain at his expense. ally signal lights or signals prescrit-)ed 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.
12) - This permit authorizes a maximum of eight boat slips.
Sedimentation and Erosion Control
13) The N.C. Division of land Quality approved this project under Permit No. Pende--2006--402 on 5/9/06.
Any violation of the permit approved by the DL,Q shall be considered a violation of this CAMA permit.
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) 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.).
Stormwater Management
16) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8060428 on 8/18/06. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Deed Restrictions
17) In accordance with commitments made by the permittee, a deed restriction shall be placed on lot 3
dedicating the entire shoreline of this lot to the proposed community access facility. The deed
restriction shall further state that no piers or docking facilities shall be constructed off of Lot 3 in the
future, for as long as the permitted access facility is in place. This deed restriction shall be recorded
with the Pender County Register of Deeds, and copies of the recorded deeds provided to the Division of
Coastal Management, prior to the initiation of construction of the docking facility facility.
Shellfishiniz Closure
18) The waters adjacent to the permitted project are classified as "Conditionally Approved-Closed." The
construction and/or operation of the authorized facilities shall not directly result in a permanent closure
of these conditionally approved waters. Any such permanent closure directly attributable to the
authorized facility shall require that the permittee undertake remedial actions to remedy the situation.
Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative
measures to reduce or eliminate the cause(s) of the closure.

Tidewater Landing, LLC, c/o Nat Smith
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Permit # 203-06
Page 4 oi' 4
ADDITIONAL CONDITIONS
General

19) 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.
20) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
21) 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any access permits
required by the NC Department of Transportation.
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.
061305.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE ORM No. SAW-
2006-40447-071.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. SAW-2006-40447-071
October 26, 2006
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
NOV a nob
ENR -r tLm QUALITY
00 MA Ifbl+lAryymTRq j?
Oho - 1 3c)S
01--f F
Reference the application of Mr. Nat Smith of Tidewater Landing, LLC dated Juy26, 2006
and received by this office on August 11, 2006, for Department of the Army (DA) authorization
to construct an 8-slip docking facility with boatlifts, four finger piers, an access pier, gazebo, and
fenced play area for the Tidewater Landing development located off Watts Landing Road,
adjacent to Virginia Creek, in Surf City, Pender County, NC.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
3. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
4. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety.
5. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
6. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
7. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
9. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre-project condition.
10. Violations of these conditions or violations of Section 404 of the Clean Water Actor
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
2
I
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
i6?rjj
David L. Timpy, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Cyyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895
Mr. Jim Gregson
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
NC Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
3
NCDENR
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
August 8, 2006 g??lo
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location
Joanne Steenhuis
Division of Water Quality
Doug Huggett, Major Permits Coordinator
CAMA Permit Application Review
Tidewater Landing, LLC
Off Watts Landing, adjacent to Virginia Creek, in Surf City, Pender Co.
fir'
tit,' D
Sf= P 1 12006
a)E+Vl; - zUl;iE.Fl QUALITY
? ;ANUS gpri S r(?kMWATER BRANCH
Proposed Project: To construct an 8-slip docking facility
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by August 31, 2006. If you have any questions regarding the proposed project,
please contact Heather Coats at [phone], when appropriate, in-depth comments with
supporting data is requested.
00 illoI
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project. 01
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.nccoaslalmanagemenl net
An Fqua; O )Po ?',,r':!y 1 ur^ Hi've / cJor limp Cyer -;0°, Rec?cded 1 1C% Fesl Consumer Parer
projects issued
Subject: projects issued
From: Joanne Steenhuis <[e-mail]>
Date: Tue, 05 Sep 2006 18:00:45 -0400
To: Ian McMillan <[e-mail]>, Doug Huggett <[e-mail]>, Rich
Weaver <[e-mail]>, Jonathan Howell <[e-mail]>, "David L.
Timpy" <David.L.Timpy@sa,,y02.usace.army.mil>, Ryan Davenport <[e-mail]>,
Heather Coats <[e-mail]>
The following projects do not require a 401
1) Tidewater Landing - Pender County DWQ # 06 1305 - CAMA
2) Charles Rumbley - Carteret County DWQ # 06 1383 - CAMA
1 of 1 9/8/2006 8:13 AM
if t
AkT;;-XKaWA
NCDENR
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
MEMORANDUM
TO: Doug Huggett and interested review agencies
FROM: Heather Coats
Field Representative, Wilmington
DATE: August 11, 2006
SUBJECT: Modification to Bio Report
Tidewater Landing
Pender County
Please find attached a copy of revised pages 1 and 3 of my Bio report. There was an error with the stated
impacts, as the "Tot Lot" and walking path were omitted from the calculations.
I apologize for my egregious error and any inconvenience it may cause.
Sincerely,
.1-4- Q
Heather oAUG 1 5 2006
cc: Wilmington Files
Ted Tyndall (DCM)
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ! Telephone [phone] ! Fax [phone]
An Equal Opportunity Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Tidewater Landing, LLC
2. LOCATION OF PROJECT SITE: The project site is located off Watts Landing, adjacent to Virginia Creek, in
Surf City, Pender County.
Photo Index - 2000: Out of ranlle 1998: Out of range 1995: 27-348, O: 5-6
State Plane Coordinates - X: 2422014 Y:248680 GPS File: P050920A
Latitude: 34°25'30.35719 Longitude: 77°36'02.15122
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/09/06
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - Complete on July 31, 2006
Office - Wilmington
6. SITE DESCRIPTION
(A) Local Land Use Plan -Town of Surf City
Classification From LUP - Conservation
(B) AEC(s) Involved: F.W, PT, CW, ES
(C) Water Dependent: Dock-Yes-, 1-lighground Development-No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - N/A
(F) Type of Structures: Existing - Gazebo
Planned - 8-Slip docking facility with boatlifts, 4 finger piers, access pier, a
gazebo and a fenced play area.
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DRF.DGF.D FILL Ft) nTHFR
(A) Vegetated Wetlands (coastal wetlands)
90 sq ft.
(shaded)
(B) Non-Vegetated Wetlands - open water incorporated
2682 sq ft.

(C) Other (Highground) 3007 sq ft.
disturbed
(D) Total Area Disturbed: 5779 sq ft. (0.133 acre)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to construct an 8-slip docking facility with boatlifts, 4 Finger
piers, access pier, a gazebo and fenced play area for the Tidewater Landing development.
I.
Tidewater Landing
Page Three
ANTICIPATED IMPACTS:
The project would disturb approximately 3007 square feet of high ground area for the "Tot Lot" and the
walking path. The areas proposed to be paved for subdivision roads would be in areas of existing dirt roads.
The proposed dock and pier would incorporate approximately 2682 sq ft. of Estuarine Waters and Public Trust
Area and would result in the shading of approximately 90 sq. ft. of Coastal Wetlands. The projecl is likely to
increase turbidity levels during construction, but no long-term adverse impacts are anticipated. Due to shallow
water depths, some bottom disturbance, or "kicking", may result at low tide from prop-wash. The proposed
docking facility would extend approximately 250 feet into the waterbody, which measures approximately 2000
feet across. This distance conforms to the '/4 width rule. As proposed, the facility would not encroach into the
channel of Virginia Creek.
Submitted by: Heather Coats Date: August 4, 2006 Office: Wilmington
Triage Check List
Date: 8/16/06
Project Name: Tidewater Landing
DWQ#: 06-1305
County: Pender
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 8/11/06 to 10/09/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Triage Check List
Date: 8/16/06
Project Name: Tidewater Landing
DWQ#: 06-1305
County: Pender
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 8/11/06 to 10/09/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
t
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
ALTT4
----?- 2 0 0 6 1 3 0 5
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
August 8, 2006
MEMORANDUM:
QR(K.' r? adFD
D
AUG 1 1 2006
UENR - WATER QUALITY
WETLANDS AND STORMWATER 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 Permit Application Review
Applicant: Tidewater Landing, LLC
Project Location: Off Watts Landing, adjacent to Virginia Creek, in Surf City, Pender Co.
Proposed Project: To construct an 8-slip docking facility
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by August 31, 2006. If you have any questions regarding the proposed project,
please contact Heather Coats 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.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Tidewater Landing, LLC
2. LOCATION OF PROJECT SITE: The project site is located off Watts Landing, adjacent to Virginia Creek, in
Surf City, Pender County.
Photo Index - 2000: Out of ranee 1998: Out of ranee 1995: 27-348, 0:5-6
State Plane Coordinates - X: 2422014 Y:248680 GPS File: P050920A
Latitude: 34°25'30.35719 Longitude: 77°36'02.15122
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/09/06
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - Complete on July 31, 2006
Office- Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Surf City
Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT,CW, ES
(C) Water Dependent: Dock-Yes; Highground Development-No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - N/A
(F) Type of Structures: Existing - Gazebo
Planned - 8-Slip docking facility with boatlifts, 4 finger piers, access pier, a
gazebo and a fenced play area.
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DRF,F)CrM FILLRD OTHER
(A) Vegetated Wetlands (coastal wetlands)
90 sq ft.
(shaded)
(B) Non-Vegetated Wetlands - open water incorporated
2682 sq ft.
(C) Other (Highground) 400 sq ft.
disturbed
(D) Total Area Disturbed: 3172 sq ft. (0.073 acre)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to construct an 8-slip docking facility with boatlifts, 4 finger
piers, access pier, a gazebo and fenced play area for the Tidewater Landing development.
Tidewater Landing
Page Two
9. PROJECT DESCRIPTION:

The project site is located adjacent to Virginia Creek, at the end of Timber Creek Lane, in Pender County. To
get to the site from Wilmington take US Highway 17 N to NC Highway 210 East. Travel about 1 mile to Watts
Landing Rd. Drive about 1 mile down Watts Landing Rd. until you reach Howe Hill Rd. on the right. Travel
approximately 2 miles down Howe Hill Rd. to Kingfisher Lane on the right. You will find the property of
interest at the end of Kingfisher Lane on the right.
The planned Tidewater Landing development would cover approximately 16 acres, consisting of 23 single-
family lots. The applicant states the shoreline of Lot 3, extending 10' landward of Normal High Water, would
be deeded to the common area, and therefore would not have riparian rights (see Narrative and Note 1 on Sheet
5a of 9). The total shoreline frontage of the common area is about 463' and averages approximately 10-25'
above mean sea level. A gazebo is presently the only structure on site, and the site has been cleared to prepare
for development. Highground vegetation on this tract consists of grasses and shrubbery, including Giant Cane
(Arundinaria gigantea) and Southern Wax-Myrtle (Myrica cerifera). Other upland vegetation includes
hardwood species: Shagbark Hickory (Carya ovata), Live Oak (Quercus virginiana), Yaupon (Ilex vomitoria),
Water Oak (Quercus nigra.) and Sweet Gum (Liquidambar styraciflua). There are also Loblolly Pines (Pines
taeda) and Cypress (Taxodium sp) on the property. There are coastal wetlands present on the site. There is a
fringe approximately 10-15' wide consisting of Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis
spicata), Saw Grass (Cladium jamaicense) and Bulrush (Scirpus sp.) following the erosion escarpment, which
transitions waterward to Salt Marsh Cordgrass (Spartina alterniflora) and Black Needlerush (Juncus
roemarianusl. A §404 Wetlands delineation has been completed and was approved on March 3, 2006 by the
U.S. Army Corps of Engineers (USACOE). Waterward of the low marsh are two marsh islands vegetated with
S. alterniflora. The first is located west of the southern shore and the second is located along the western
riparian corridor.
The Town of Surf City Land Use Plan classifies the upland areas of this project as Conservation. The waters of
Virginia Creek are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries
has designated Virginia Creek as a Primary Nursery Area, and the adjoining waters are closed to the
harvesting of shellfish.
PROPOSED PROJECT:
The proposed dock consists of a fixed pier 125' in length and 6' in width, extending out into Virginia Creek in a
westerly direction. A floating dock, 157' in length and 6' in width, would be placed perpendicularly to the pier
as an L-head, extending southerly into Virginia Creek. The water depth at the floating dock would be
approximately -2.0' to -2.7' @ Normal Low Water (NLW). Four (4) finger piers, measuring 20' in length by
4.25' in width, are proposed to extend westerly, perpendicular to the floating dock. This is intended to create 8
boatslips on the west side of the pier, each with a boatlift measuring 14'in length by 12.5' in width. The finger
piers would each be spaced 32' apart. The applicant proposes a handrail on the remainder of the floating dock to
prevent unauthorized dockage. The water depth at the finger piers would be approximately -2.6' @ NLW.
The proposed upland development consists of constructing a 20' by 20' gazebo, which would be located on the
edge of the Estuarine Shoreline 30' buffer. A fenced children's play area ("Tot Lot"), measuring approximately
55' in width and 25' in length, and which would be located partially inside the 30' buffer, would only contain a
chipped bark ground cover, and no impervious cover. Additionally, a wooden walkway, approximately 240' in
length by 6' in width, is proposed to provide access to the gazebo and dock. A 10' wide walking path would join
the wooden walkway approximately 30' upland of the gazebo, outside of the 30' buffer, and would run parallel
with the shoreline.
F
Tidewater Landing
Page Three
ANTICIPATED IMPACTS:
The proposed dock and pier would incorporate approximately 2682 sq ft. of Estuarine Waters and Public Trust
Area and would result in the shading of approximately 90 sq. ft. of Coastal Wetlands. The project is likely to
increase turbidity levels during construction, but no long-term adverse impacts are anticipated. Due to shallow
water depths, some bottom disturbance, or "kicking", may result at low tide from prop-wash. The proposed
docking facility would extend approximately 250 feet into the waterbody, which measures approximately 2000
feet across. This distance conforms to the '/4 width rule. As proposed, the facility would not encroach into the
channel of Virginia Creek.
Submitted by: Heather Coats Date: August 4, 2006 Office: Wilmington
I
Project Narrative
CAMA Major Permit
Construction of Eight Boat Slips and Gazebo
Tidewater Landing, Pender County
Oc,
Tidewater Landing LLC, requests a CAMA Major permit for construction of a
residential, community dock and associated upland amenities. The planned Tidewater
Landing subdivision is located off Watts Landing Road in Pender County, abuts Virginia
Creek, and totals 15-acres in size. The property is located within the planning
jurisdiction of the Town of Surf City. The subdivision will contain 23 single-family lots
and a common area. Lots 1-3 and the common area are situated on Virginia Creek. All
subdivision roads and grading will be located outside the 75' Coastal Shoreline AEC.
Proposed work within CAMA AECs is limited to amenities within the common area.
Waters of Virginia Creek at this location have been classified SA by the NC
Environmental Management Commission, PNA by the NC Marine Fisheries
Commission, and are presently closed to shellfishing.
The community dock would be located within the riparian corridor of the common area.
It is noted that lot 3 will not have riparian rights, and the shoreline along lot 3 will be
deeded to the common area. A total of eight slips with lifts are proposed. All slips
would serve future residents of the subdivision. Water depths within the proposed slips
average -2.5' at normal low water and no dredging is proposed.
Proposed upland development on the common area consists of a wooden boardwalk,
gazebo, children's play area, and walking path.. A 20' x 20' gazebo will be located
outside of the 30' Coastal Shoreline buffer, and a 6' wide boardwalk will provide access
to the gazebo and dock. The boardwalk will be elevated over an approximately 20' wide
area of coastal and "404" wetlands, so that lots to the east of the common area can access
the dock. Wetland fill will not be required for either structure. A 10' wide walking path
will be provided, extending approximately 236' from the road to the elevated boardwalk.
The path will be left at existing grade and covered with mulch. An area for younger
children to play, the tot lot, would be located outside the 30' CAMA buffer area. The tot
lot will be a fenced play area with chipped bark ground cover. A swing set, slide and
possible sand box will be located within this area.

I
Form DCM-MP-1 R` C E I V E D
JINGTi'),v1.
APPLICATION"""," (To be completed b
y all applicants)
b. City, town, community or landmark
Surf City
1. APPLICANT
a. Landowner:
Name Tidewater Landing LLC; do Nat Smith
Address 1130 Mallard Bay Drive
City Wilmington State NC
Zip 28443 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Land Management Group
Address P.O. Box 2522
City Wilmington State NC
Zip 28401
Day Phone [phone]
Fax [phone]
C. Project name (if any) Tidewater Landing
MOTE. Perm& %W be irra ed in name of landowner(s), and/or
project manse.
2. LOCATION OF PROPOSED
PROJECT
a. County Pender
Revised 03/95
c. Street address or secondary road number
off of Watts Landing
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
(Town of Surf City)
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Virginia Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a.
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
'1). A 6'-wide fixed pier extending to a 6'x157' Iona floatina
dock with 4 finger docks creating eight slips (2).20' gazebo
with an associated elevated boardwalk and path(3)
installation of road and utilities associated with subdivision
b.
development
Is the proposed activity maintenance of an existing
project, new work, or both? New
c. Will the project be for public, private or commercial
use? Private
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 pages.
area to include 8 boat slips with boat lifts a gazebo. and
access path and boardwalk for use by residents of the
planned Tidewater Landing subdivision. Daily operations
will be consistent with a private boat dock. Standard and
goo construction practices will a Ei ize or the
Installation OT all sTruclures.
o c?c?c?aar??
Q
plir, ? l '10U6
uE,gK • & FER QUALITY
WETLANDS AND STORMWATER BRANCH
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 15.64 acres total
b. Size of individual lot(s) avg. 0.46 acres (0.36-0.58
acres)
c. Approximate elevation of tract above MHW or
NVyL -10-25'
d. Soil type(s) and texture(s) of tract
Bohicket silty clay loam Autrvy'lle fine sand marvyn cram
loamy sand, and Onslow loamy fine sand
e. Vegetation on tract loblolly pine, cypress, sweet
gum
f. Man-made features now on tract Dirt/gravel roads,
12'x 15 5' aazebo aR roux on planned Int 'i
g. What is the CAMA Land Use Plan land
classification of the site? (conJair the local knd use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
PD FA
L Is the proposed project consistent with the applicable
zoning? X Yes No
(*Zach zoning compliance eertificwe, if appUmble)
(=?Cw1 VVILN11f`dGTO???-. i`??,I? 3 2CQC
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes + No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? YES
(Anach 4A~ad-, {f a-ilable)
.t
m. Describe existing wastewater treatment facilities.
None at pier site future lots will have on-cite
wastewater treatment
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
well
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
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
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Pl ase 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
adequate number of quality copies 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 personnel unfamiliar with the area to the
RevWd 03/95
Form DCM-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 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Sidbury Annie Laurie Executrix et. al
Address 1672 Watts Landing Road Harn p,,tead Nr 28x33
Phone
Name Newberry Randall W Trustee
Address 3723 Sand Trap Ct Wilmington NC 28412
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
ACOE Action Id.:200600285 (Jurisdictional Determination)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
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.
6. CERTIFICATION AND PERMISMION
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 conditions
and restrictions contained in the permit.
I certify 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.
./f, p700 !o
This is the!5 day of
Print Name CA41 S (1,JA1,4 DAY el'e MA Ah476 E,V_C_N T-
96 JP)
Signaturor AvthohW Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
_ DCM MP4 Structures Information
_ DCM MP-5 Bridges and Culverts
x DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.

Revised 03195
Form DCM-MP-3
UPLAND
DEVELOPMENT
RcCLi`?iF?s:---

(Construction and/or land disturbing activities)
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.
a. Type and number of huildines. facilities. units or
structures proposed -
(1) 20x20 Gazebo with associated path and elevated
boardwalk
23 lots in subdivision
b. Number of lots or parcels
c. Density (give the number of residential units and the
units per acre) 23 residential (with ava 5 acres
Der lot 1.47 units/acre)-
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. _20x2o fnr na=ah0
Dirt roads already graded will be paved lots will be graded/
filled per individual homeowners
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? X Yes No
If yes, date submitted to b s ihmittd by eject
engineer
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
No aved surfaces within AEC, subdivision road to be
asphalt
Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 9%
Total AEC area: 32,650; Impervious area: 3,007
Revisedg ing mulch covered TOT lot, mulch covered
wa ing path and gazebo)
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
X Yes No
If yes, date submitted approved
i. Describe proposed method of sewage disposal.
None at pier site, future lots will have on-site wastewater
treatment
Have the facilities described in Item i. above
nrnved
received state or local approval? 391-90
(Anach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
N/A
Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
well
m. Will water be impounded? Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded. N/A
Tidewater Landing
Applicant or Prof 11111M
nature
Date
Form DCM-MP4
RECEIVED
DCM WILMINGTON, NC
MA" 0 3 2006
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 which relate to
this proposed project.
e. Mooring buoys
(1) _ Commercial -Community _ Private
(2) Number N/A
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
Dock(s) and/or Pier(s)
(1) _ Commercial -Community X Private
(2) Number 1 floating dock, 1 pier
(3) Length 157'.125'
(4) Width 6'
(5) Finger Piers X Yes No
(i) Number 4'
(ii) Length 20'
(iii) Width 4.25'
(6) Platform(s) Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed 8 w/ lifts
(8) Proximity of structure to adjacent riparian
property lines >250'
(9) Width of water body >1,500'
(10) Water depth at waterward end of pier at
MLW or NWL ~2.7' MLW
b. Boathouse (including covered lifts)
(1) N/A Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number N/A
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length N/A
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community X Private
(2) Number 8 boat lifts with associated pilings
(3) Length 19s,
(4) Width 14'
g. Other (Give complete description)
Apptteant or Pro ect Name
fisgmt -
S 4
Date
Revised 03/95
DCM WILMINGTON, NC
MA.Y 0 3 2006 02-05-603c 500 250 0 500 Feet
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RECEIVED
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,MAY 0 3
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nnwwm?
Tidewater Landing Land Management Group, Inc.
Environmental Consultants Figure 1
Ponder County, NC Wi
02-05-603C lmington, N.C. Vicinity Map
April, 2006
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NIX( 0
Tidewater Landing Land Management Group, Inc,
Pender County, NC Environmental Consultants
02-05-603C Wilmington, N.C.
April, 2006
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, Ii 0 3 2006
*Boundaries are approximate and are
not meant to be absolute. ?° SITE
Map Source: NRCS Soils Map.
Tidewater Landing Land Management Group, Inc.
Ponder County, NC Environmental Consultants
02-05-603C Wilmington, N.C.
April, 2006
SCALE 1" = 200'
Figure 3
Soils Map
NOTE: This map is for preliminary planning purposes only.
Lines depicted on the map are approximate based upon
preliminary field sketches and do not represent distinct boundaries.
US Army Corps of Engineers review and approval is recommended
prior to specific site planning.
Map Source: 1998 NAPP aerial photography
MAY 0 90 2006
Tidewater Landing Land Management Group, Inc.
Ponder County, NC Environmental Consultants
02-05-603C Wilmington, N.C.
April, 2006
SCALE 1" = 200'
Figure 4
Wetland Map
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ELEVATED BOARDWALK
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WOOD PLANK ABOVE COASTAL MARSH
41 DECKING VEGETATION AND
EXTEND PAST LATERAL
LIMITS ?F THE
9 VEGETATION
ACTUAL DESIGN PER
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REFERENCE FOR S 5 ?? P5YP
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STATE OF NORTH CAROLINA PCNDGrIc COUNTY RENEW OFFICER'S'CERTIFICATE
STATE OF NORTH CAROLINA CERTIFICATE OF REGIS7RA710N BY REGISTER OF DEEDS
LPAIW600 'S SoNE5 certify that this map was drawn
under my supervision from an actual survey made under my supervision (deed COUNTY OF Pander
State of North. Corollna Ponder County
recorded in took 7
description that the e boundaries _ 46 ?"GG • etc.) (other
that not surveyed are olegFiy1lHellsrpage ? as drown from Information
I Revlew Officer of Pander County,

Is
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