20060746 Ver 1_Complete File_20060503

Benny Brown
Subject: Benny Brown
From: Joanne Steenhuis <[e-mail]>
Date: Wed, 17 May 2006 15:24:09 -0400
To: Ian McMillan <[e-mail]>, Doug Huggett <[e-mail]>, Rich
Weaver <[e-mail]>, Jason Dail <[e-mail]>, Henry Wicker
<Henry.M.Wicker. [e-mail]. mil>, "David L. Timpy"
<[e-mail]>
This project does not require a 401
I of 1 5/17/2006 3:27 PM
C) Lo C)
Permit Class Permit Number
NEW 91-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources }
and
Coastal Resources Commission
ermit nnM
RD
for
X Major Development in an Area of Environmental ConcernJUN 1 2 2006
pursuant to NCGS 113A-118
DENR - WATER QUALITY
- ATER
Excavation and/or filling pursuant to NCGS 113.229 vr£t»wps?wD sTORt+ a?Axc
.
Issued to Benny Brown, 9047 W. 9th St., Surf City, NC 28445
Authorizing development in Onslow County at adi. to man-made canal, 9047 W. 9th St
Surf City , as requested in the permittee's application dated 3/13/06_ including the
attached workplan drawings (3) all dated 3/13/06
This permit, issued on June 8. 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.
Docking Facility
1 } In order to comply with 15A NCAC 07H.0208(6)(J)(iii) which states that a pier's length "shall not
extend more than'/4 the width of a natural water body, or human-made canal or basin," no portion of the
docking facility shall extend more than 34.5 ft. water-ward of the existing bulkhead.
2) In order to ensure compliance with Conditions No. 1 of this permit, an as-built survey showing the
distance across the water body and the length of the pier and all associated structures shall be performed
on the facility, and copies of the survey shall be provided to the Division of Coastal Management,
within 60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No. 2 may result in a violation of this
permit.
(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
In issuing this permit, the State of North Carolina agrees
that your project 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.
Char s . Jones, Director
tvision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
ADDITIONAL CONDITIONS
3) Unless specifically altered herein, this permit authorizes an access pier, "L-Head" and 12 ft. x 12 ft. boat
lift. 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.
4) 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.
5) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation.
NOTE: Should either adjacent property be sold prior to the initiation of construction, the permittee shall
be required to obtain a signed riparian corridor waiver from the new property owner prior to the
placement of any structures within the 15 foot riparian corridor.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
%vaters at or adjacent to the authorized work.
7) The permittee shall maintain the authorized work in good condition and in conformance with the tenns
and conditions of this permit. The pennittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
8) 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.
9) 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.
10) This permit authorizes a maximum of three boat slips.
General
11) 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.

Permit #
Page 3 of 3
NOTE:
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the pernuttee '
s property may require _a modification of this permit.
Contact a representati n of the Division at (910) 796-#15 prior `to` the 'commencement of any
`
:suchaachvtty for':this cletermuiation Tie permittee is further advised that many" non-waterer '
dependent actiAties are not authorized within 30 fief of the normal ?high water level '
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
060746.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2006-32096-067.
An-I7J 2 0 o 60 7 4 6
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
May 1, 2006
MEMORANDUM:
TO: Cyndi Karoly, Supervisor
401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Pr p ? r= r
FROM: Doug Huggett
?5 D
Major Permits Coordinator MAY 3 2006
SUBJECT: CAMA Permit Application Review WETLAND
EN - S ANDST?0RMWA1 Rt H
Applicant: Benny Brown
Project Location: 9047 W. 9th St., adjacent to a man-made tributary to Stump Sound, in
Surf City, in Onlsow County
Proposed Project: Applicant proposes removal of old dock and installation of a 6' x 28'
floating dock with a 7'x 30' L-head and one boat lift.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 24, 2006. If you have any questions regarding the proposed project, please
contact Jason Dail at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Benny Brown
2. LOCATION OF PROJECT SITE: The property is located at 9047 West 9th Street off NC Hwy 210 North,
adjacent to a man-made Canal that is a tributary to Stump Sound, in Surf City, Onslow County.
Photo Index - 2000: 25-332; 4,5(M) 1998: 14-313; 2,3(J) 1995: 28-366; 6,7(0)
State Plane Coordinates - X: 2447634 Y: 257854 GPS File: P042515B
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04-25-06
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - Complete on 03-15-06 -
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Surf City
Classification From LUP - Developed
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -Municipal
Planned -None
(F) Type of Structures: Existing -Single Family Dwelling
Planned - Installation of a 3 slip floating dock and a boat lift
(G) Estimated Annual Rate of Erosion:N/A Source - N/A
7. ; HABITAT DESCRIPTION:
[AREA]
(A) Vegetated Wetlands
8.
(B) Non-Vegetated Wetlands - open water
(C) Other (Highground)
547 ft.2
Incornora
(D) Total Area Disturbed: 547 ft.2
(E) Primary Nursery Area: NO
(F) Water Classification: SA Open: NO
PROJECT SUMMARY: Applicant is proposing remove old dock and install a 6' x 28' floating dock w/ a 7' x
30' L-head and one boat lift.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
Benny Brown
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 9047 West 9`h Street off NC Hwy 210 North, adjacent to a man-made Canal that is
a tributary to Stump Sound, in Surf City, Onslow County. To get to the property from the Surf City Swing
Bridge take a left on. NC Hwy 21 ON then take a left on 9`t' Street. 9`h Street will be on the left shortly after you
cross the Pender / Onslow County Line, in the area of Surf City known locally as Old Settler's Beach. The canal
is located on the southern side of 9 h Street and is approximately 138' across at this location. According to the
permit application, this lot measures approximately 55' x 200' or approximately 11,000 sf.2. There are currently
a single-family dwelling and a storage shed located on the lot. The vegetation on the lot consists mainly of lawn
grasses and ornamental plants. This lot is located on a man-made canal and most of the lots on this canal are
bulkheaded. There is an old dock extending into the canal, measuring approximately 18' x 20'. Also on the
property an existing 12' wide boat ramp and an old wooden bulkhead. There are small patches of regularly
flooded Smooth Cordgrass marsh (Spartina altemiflora) located at the eastern and western property lines.
The Surf City Land Use Plan classifies the upland areas of this project as developed. The waters of the project
site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has not
designated this area of Stump Sound as a Primary Nursery Area, and the waters adjacent to the proposed
project are closed to the harvesting of shellfish.
PROPOSED PROJECT:
The applicant is proposing to remove the existing dock and install a 6' x 28' floating dock w/ a 7' x 30' L-head.
The applicant is also proposing to install a boatlift measuring approximately 13' x 13' on the eastern side of the
6' x 28' floating dock. The water depth at the end of the proposed pier would be -10' @ NLW. The pier would
terminate in the canal approximately 41' waterward of the existing bulkhead. The canal at this location is
approximately 138' wide.
10. ANTICIPATED IMPACTS
_ The proposed pier and b9atlift would _incorporate approximately 54Zft.2 ofstun?V?atcrs and Public_Trust
Area.
Submitted by: J. W. Giles Date: March, 28, 2005 Office: Wilmington
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Form DCM-MP-1 P E E k / E I DD
0 ;+J1 V!i M1?!u ! 0N, I? U
APPLICATION, y,A 12006
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
a. Landowner:
Name 4 6-1tw 1_1 IMI) CU10
Address qd Lf 7 W. cl fit' 5 77-
City SUS r C ?! State N'. C
.L
Zip gZ d L 41, Day Phone el 10 .9-6
Fax '110 D4, 3v`f?
b. Authorized Agent: N)/`,-
Name
Address
City
State
Zip Day Phone
Fax
C! Project name (if any)
NOTE. Perndt will be issued in name of lmdowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County !0/yS L-':?
c. Street address or second road number
Ro Y °7 40, 9 ff S i
d. Is proposed work within city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)
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.
/Z c-,pro y t<r 5 i/.c14 A 1G244
v6s
b. Is the proposed activity maintenance of an existing
project, new work, or both? Qo 7-/-;,-
c. Will the project be for public, private or commercial
use?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more !ace is needed, please attach
additional pages. _ rG /'44A) 7_2' ,2E.r4a v6
,VLD P/?R i4N0 P14_/1Ve.S 14A-)r
,Bu14-0 AW 6
tf ro/0
Revised 03/95
f
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract i?a, i? ? "
b. Size of individual lot(s) 5.14
c. Approximate elevation of tract above MHW or
NWL 1?r /.
d. Soil type(s) and texture(s) of tract .
e. Vegetation on tract
f. Man-made features now on tract /f6' 0<&,
g. What is the CAMA Land Use Plan land
classification of the site? (Conmij tlu local land use plan.)
Conservation Transitional
Y_ Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? Yes No
Mach Zoning conph-ce arRificau, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes _L ___`lo
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 No
1. Are there wetlands on the site? _ Yes !/No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Aaach documentarian, if a?ilable)
GCN,,l VIJ1LMNG;ON, NC
m. Describe existing wastewater treatment facilities.
/ l c, l ?it-?
Al Q/
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.)
o. Describe existing drinking water supply source.
(>'C? G fJ i `( Gc> ; 4 r 2
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 1/2' by I1" white paper. (Refer to
Coastal Resources Commission Rule 7J.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
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
Reriseed 03/45
f-=.ECEI i--'
1)V1LM1',1C T ON, NC
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 L 6Opx) L , tt?},?' 6 201/ E
Address .397 HOBQTO/?' iYty y, eLi?% ac1Aer
Phone gto C-`i ). 5`.?-Y6
Name 5 /i/'l LOw,yS 136/ (f SIDC?)
Address
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.
i
• 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.
MAR 1 5 2006
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to 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 fad,
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.
n -,?- 100 4-
This is the day of W
Print Name
Signature
larsdowner or Authorized Agew
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
/DCM MP-4 Structures Information .
DCM MP-5 Bridges and Culverts
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-;NIP
STRUCTURES
(Constructior, within Public Trust Areas)
uCM INILNINGT0".!, ,
MAR 1 5 2006
A=ch this fort to Joint Appiication for CAMA Major e. Mooring buoys 11JA4
Pe.:,rit, Form DCM-N2-I. Be sure to comple:e all (1}
Cor..rie:dial
Conrn
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other sectiorz cf the Joint Application which reiate to _
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