20061009 Ver 1_Complete File_20060621

?5v e---D
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
?D?( /
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 2, 2006
Mr. David Timpy
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
D
0 C T 9 2006
L7EPv;<- WATER QUALITY
MTL:114DS.-FAD 5TQRMWATER BRANCH
Subject: Action ID: SAW-2006-32822-065, GWC Properties, LLC, New Hanover County, North
Carolina
Dear Mr. Timpy:
The U.S. Fish and Wildlife Service (Service) has reviewed the subject Public Notice (PN), dated
July 26, 2006, with regard to the effects the proposed actions may have on federal trust
resources. The applicant, GWC Properties, LLC, Portrait Homes, has applied for a Department
of the Army (DA) permit to excavate and enlarge an existing boat basin, construct a new
bulkhead and retaining wall, and install facilities for a seven-slip community boating facility at
the Vineyards at Pages Creek Subdivision. These comments are submitted in accordance with
the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-
667d). Comments related to the FWCA are to be used in your determination of compliance with
404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation
to the protection of fish and wildlife resources. Additional comments are provided regarding the
District Engineer's determination of project impacts pursuant to section 7 of the Endangered
Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
The project area, proposed work, and anticipated impacts are discussed in the Field Investigation
Report (FIR) of the North Carolina Division of Coastal Management (NCDCM), dated June 19,
2006. The applicant proposes to create the docking facility on Pages Creek which flows into the
Atlantic Intracoastal Waterway (AIWW). The waters of the project area are not designated as a
Primary Nursery Area. The applicant would remove approximately 1,290 cubic yards of
material by a barge mounted excavator. Approximately 8,632 square feet of shallow bottoms
would be impacted. Existing depths in the basin range from two feet to zero at normal low
water. New bulkheads would be installed two feet landward of the existing bulkhead. A 120-
foot floating dock would be installed along the eastern side of the access channel. Expansion of
the existing basin would be achieved by highground excavation.
The Service has reviewed available information on federally-threatened or endangered species
known to occur in New Hanover County. We have also reviewed information from the North
Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the
I
2
special status species, both federal and state. This database can be accessed by topographic
quadrangle (quad) of the U. S. Geological Survey (USGS). The project area is located in the
Scotts Hill quad.
Based our review and information in the PN and FIR, the Service would concur with a
determination by the District Engineer that the action is not likely to adversely affect species
designated as threatened, endangered, or their designated critical habitat. The prohibition on
excavation and filling during the period from April 1 through September 30 recommended by the
NCDCM (Condition 9) would avoid most of the period when the federally endangered West
Indian manatee (Trichechus manatus) could be in the project area. The Corps' requirements
pursuant to section 7 of the ESA would be fulfilled. However, the Corps must reconsider its
obligations under section 7 if: (1) new information reveals impacts of this identified action that
may affect listed species or critical habitat in a manner not previously considered; (2) this action
is subsequently modified in a manner which was not considered in this review; or, (3) a new
species is listed or critical habitat determined that may be affected by the identified action.
Based on the information provided in the PN and FIR, the Service does not believe the proposed
work would result in irreversible or significant adverse impacts on fish and wildlife resources
under our jurisdiction. Therefore, the Service has no objection to issuance of a DA permit for
the actions described in the PN. However, we reserve the right to provide additional comments
within the time period given in the PN if we become aware of significant new information
regarding the availability of less damaging alternatives; project designs, or construction
techniques; the functions and values of the abiotic resources to be impacts; and/or the fish and
wildlife resources that would be impacted by the proposed actions. The Service also reserves the
right to request an extension for providing additional comments if new information requires time
for thorough analysis or a site visit if it is deemed necessary to protect federal trust resources.
The Service appreciates the opportunity to comment on this PN. Please advise us of any action
taken by the Wilmington District, Corps of Engineers. If you have questions regarding these
comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at <
howard halla,fws.gov_ >.
cc:
John Domey, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC
I 55J?,o
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 27, 2006
Regulatory Division
Action ID No. SAW-2006-32822-065 and State Permit No. 137-06
Al Capps
GCW Properties, LLC
5908 Tamannary Drive
Greensboro, NC 27455
Dear Mr. Capps:

r ? RIP
OCT 1 6 2006
Mn=0ITMOAT A
Reference your application for a Department of the Army permit to excavate and enlarge
an existing basin, new bulkhead and retaining wall, access walkway, floating dock, finger pier,
and four boathfls to accommodate a maximum of seven slips at The Vineyards located adjacent
to Pages Creek on 1647 and 1653 Canady Road, Ogden, New Hanover County, North Carolina
as described in the CAMA permit dated September 18, 2006 and received by this office on
September 21, 2006.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291 (enclosed). Therefore, you may commence
construction activity in strict accordance with applicable State authorization, the approved plan
(enclosed), and the special conditions (enclosed). Failure to comply with the State authorization
or conditions of the general permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, at telephone [phone].
ncerely,
Aave PY? roj ct Manager
. Wilmington Regulatory Field Office
Enclosures
Copies Furnished without enclosure:
tics. Cyndi Karoly
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. INiikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
%forehead City, North Carolina 28557
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
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NUTS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jim Gregson
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
2
OF WATER Michael F. Easley, Governor
\O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co
> Alan W. Klimek P.E., Director
p Division W Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 1, 2006
Mr. Al Capps, General Partner
GWC Properties
5908 Tamannary Drive
Greensboro, NC 27455 @ L?? V R
Subject: General 401 Water Quality Certification #3490 0 U
1647 and 1653 Canady Road AU G 0 7 2006
DWQ Project #061009
New Hanover County pENR. WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Dear Mr. Capps:
The Wilmington Regional Office received your application for a CAMA Major Permit from the Division
of Coastal Management on June 19, 2006. The open water impacts proposed are for the purpose of
dredging 8,632 square feet of an existing boat basin. Other activities proposed include expanding the
basin into highground, constructing a new bulkhead and retaining wall in highground, and building a
access walkway, floating dock, and finger piers to accommodate seven boat slips. You are authorized to
proceed with your project as proposed under General Water Quality Certification (WQC) # 3490
(enclosed). 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.
If at anytime during construction of your project you determine 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.
I
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: C. Robert Stroud Jr., 4815 Carolina Beach Road, Wilmington, NC 28412
Ian McMillian, 401 Oversight Unit
Dave Timpy, USACE Wilmington
Doug Huggett, DCM Morehead City
Robb Mairs, DCM WiRO
Central Files
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NO Carolina
Awmally
WQC #3490
CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND WRITTEN DIVISION OF WATER
QUALITY CONCURRENCE FOR SPECIFIED BOAT RAMPS, BULKHEADS, SHADING,
PIERS, MAINTENANCE 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 fiiling 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

r'
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;
5. 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
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
20061009
June 19, 2006
MEMORANDUM:
JUN ` X 2006
D 'rt D' W111- i CUAL iTY
r'r'clL?"t.s STORM,,'iA Ef2BR? cR
TO: Cyndi Karoly, Supervisor
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection ER 0W
FROM: Doug Huggett, Major Permits Coordinator JUN 2 12006
SUBJECT: CAMA / Dredge & Fill Permit Application Review UENR-WATER QUALITY
1°r?TLt?? ?S hS STC° ? 41TE7 ERkN-CH
Applicant: GWC Properties, LLC / The Vineyards at Pages Creek c/o Al Capps
Project Location: 1647 & 1653 Canady Road, adjacent to Pages Creek, New Hanover Co.
Proposed Project: to excavate and enlarge basin, construct bulkhead, wall, walkway, dock,
pier and boatlift for 7 slips.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 13, 2006. If you have any questions regarding the proposed project, please
contact Robb Mairs at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
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:GWC Properties, LLC The Vineyards at Pages Creek, c/o Al Capps
2. LOCATION OF PROJECT SITE: 1647 and 1653 Canady Road adjacent to Pages Creek, in New Hanover
County.
Photo Index - 2000: 22-277, D-11,12 1989: 4-175-14, M,N-13 1984: 18-231, E-9,10
State Plane Coordinates - X: 2369910 Y: 192384
3. INVESTIGATION TYPE: CAMA/D & F ROVER FILE # - 0-051116A
4
5
6.
7
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5-11-06
Was Applicant Present - No
PROCESSING PROCEDURE: Application Received - 6-12-06 (Completed)
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County sewer system
Planned - N/A
(F) Type of Structures: Existing - Single family home, boat basin, access channel, bulkhead/retaining wall,
floating dock
Planned - Maintenance dredging and enlargement of existing basin with highground
excavation, bulkhead, access walkway, finger pier, boatlifts, and floating
dock to accommodate 7 vessels.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
[AREA]
DREDGED Flf,i,F.D OTHER
(A) Vegetated Wetlands (coastal wetlands) 128 sq. ft
(shaded)
(13) Non-Vegetated Wetlands 8,632 sq. ft. incorporated
(Open water) 1,348 s q. ft.
(C) Other (Highground) 1,720 sq. ft 24,360 sq. ft.
(D) Total Area Disturbed: 36,188 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant requests authorization of excavation and enlargement of an existing basin,
new bulkhead and retaining wall, access walkway, floating dock, finger pier and boatlifts to accommodate 7 slips
associated with The Vineyards at Pages Creek Subdivision.
GWC Properties, LLC- The Vinevards at Pages Creek c/o Al Capps
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 1647 and 1653 Canady Road, adjacent to Pages Creek, in New Hanover County. To
locate the propem from 'Market Street (NC High«ay17), turn onto Middle Sound Loop Road and travel east past
Ogden Elementary School approximately 2 miles. Turn left on Mason Landing Road and travel approximately 0.2
miles just until it reaches Canady Road. Turn left onto Canady Road and the properties of interest will be located
on the risltt_ There is an existing driveway to access both properties and project site. There are approximately 3.49
acres of highground, which averages approximately 28' above mean sea level. There is approximately 250' of
shoreline on the site that overlooks Pages Creek. There is an existing abandoned single-family residence located on
the southwest portion of this tract. There appears to be an existing boat basin features within Pages Creek adjacent
to the N%estem side of this tract. Dimensions of the basin are approximately 86' in length by 32' in width. The
access channel to the basin measures approximately 104' in length by 40' in width. Existing water depths within
the basin ranee from approximately -i-2' @ Normal Low Water (NLW) to approximately 0.0 @ NLW. The access
channel depths range from approximately - 2.2' to -6.0' at NLW. The basin is stabilized by a deteriorating
bulkhead and retaining wall on the north, west and south sides. Within the basin is an existing floating dock, 40'
in length by 6' in width. which is accessed by a walkway that leads up the bluff to the highground. There is also an
existing walkway east of the basin, which leads down the bluff to the marsh. Existing high ground vegetation on
this tract consists of lawn grasses, hardwood and other species including Oak, Dogwood, Hickory, Magnolia, and
Pine trees. Water-ward of the highground towards Pages Creek, the elevation of the property drops off substantially.
The vegetation on the eastern side of the tract transitions to an area of high marsh consisting of mixed coastal
wetlands and "404 t}pe" vegetation, which include: Marsh Elder (Ivafrutescens), Grounsel-bush (Baccharus
%alim folia) and Salt Meadow Grass (Sparthia patetrs). The high marsh then transitions to an area of low marsh,
approximately 75' in width, consisting primarily of Smooth Cordgrass (Spartina alterniflora). There also exists an
isolated narrow band of Smooth Cordgrass (Spartina aherniflora) approximately 100' in length by 30' in width
located on the eastern side of the existing basin and floating dock. Surrounding the low marsh areas are several
oyster reefs risible in the mud flat at low eater. North of the bulkhead located on the northern side of the existing
basin is an area of low marsh approximately 30' in width, which consists primarily of Smooth Cordgrass (Spartina
alteriiiflora)
(See Sheet 2 of 6).
The application states that a Special Use Permit has been obtained from New Hanover County for the boating
access associated with this project. The application also states that New Hanover Comity approval for the
highground development and sedimentation and erosion control is pending. A state Express Stormwater Permit
through the N.C. Division of Water Quality has been issued (SW8 060429).
The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground
portion of the project area as Resource Protection. The waters of the Pages Creek are classified SA by the Division
of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries
and they are Conditionally Approved-CLOSED to the harvest of shellfish by the N.C. Division of Environmental
Health.
PROPOSED PROJECT:
The applicant requests authorization of excavation and enlargement of an existing basin, new bulkhead and
retaining vyall, access walkway, floating dock, finger pier and boatlifts to accommodate 7 slips associated with The
'vineyards at Panes Creek Subdivision- The application states that all proposed highground development would be
located landward of the 75' Estuarine Shoreline Area of Environmental Concern (AEC). The 3.49 acre tract is
approximately 600' in depth from Canady Road to Pages Creek and averages approximately 240'in width, which
would be subdivided into 7 lots averaging approximately 0.5 acres each. There would be a 15' pedestrian access
easement located on Lot 3-C, which would be located on the northwest end of the property facing Pages Creek.
GWC Properties, LLC- The Vineyards at Pages Creek c/o Al Capps
Page 3
The new basin would include excavation of the existing basin approximately 86' in length by 32' in width. The
expansion of the basin would involve highground excavation with new dimensions of 86' in length by 20'in width.
Final water depths for the maintenance and expansion of the basin would range from - 4' to -6' @ NLW. The
access channel would be maintained with dimensions of 104' in length by 40' in width to a final project depth of -
6' @ NLW (See Sheet 3 of 6). The application states that the excavation would be accomplished mechanically by a
barge mounted excavator. Approximately 1,290 cubic yards of shallow bottom material and approximately 510
cubic yards of highground material would be removed for the excavation of existing basin and expansion. The
disposal site for the excavated material would be located on a highground area of the property. Dimensions of the
disposal area would be 172' in length by 93' in width with 6' in height berms. The application states the material
would be dewatered and then utilized on site for the proposed subdivision.
The northern and western side of the basin would be stabilized by a new bulkhead 34' in length and 52' in length,
respectively. These new bulkheads would be located approximately 2' landward of existing bulkhead, which
would then tie into to a bulkhead 86' in length located on the southern side of the expanded basin. The bulkhead
would then turn 90 degrees in a northerly direction a distance of 18' in length, which would stabilize the new basin
and the adjacent highground to the east. The applicant also proposes a new finger pier, 26' in length by 2' in
width, which would be installed midpoint within the basin. A highground retaining wall would be constructed
along the 1653 Canady Road shoreline a distance of 112' in length, which would then have a wing wall 16' in
length towards the highground. Another highground retaining wall would be constructed adjacent to the expanded
basin a distance of 132' in length (See Sheet 3 of 6).
The applicant proposes to install four boatlifts, 12' in length by 12' in width, within the new basin. Two boatlifts
would be installed on the northern side of the new finger pier and two would be located on the southern side. The
outer two boatlifts would be accessed from an access walkway, 32' in length by 4' in width, located on the
northern side of the basin, and the other boatlift would be accessed along the southern shoreline of the basin. A
floating dock, 120' in length by 6' in width, would be installed along the eastern side of the access channel, which
would be accessed by a gangway ramp of highground community area. The application states that the floating
dock would be designated for three 40' slips, which would provide at total of (7) vessels for the proposed docking
facility (See Sheet 3 of 6).
10. ANTICIPATED IMPACTS:
The proposed upland development for the subdivision would not be located within the Estuarine Shoreline AEC. The
proposed bulkhead and retaining walls would result in the disturbance of approximately 8,360 sq. ft. of highground area
as a result of the bulkhead and retaining wall back fill and installation of the tie-back/anchor system. The proposed
excavation of the existing basin would result in the removal of approximately 8,632 sq. feet of shallow bottom and
approximately 1,720 sq. ft. of highground for the expansion. Approximately 16,000 sq. ft. of highground area would be
disturbed for the spoil site area preparation, which would contain approximately 1,800 cubic yards of material
excavated for the expansion and maintenance of the basin and access channel. The proposed floating dock, finger pier
and boatlifts would incorporate approximately 1,348 sq. ft. of Estuarine Waters and Public Trust Area within the newly
expanded basin. The floating dock would extend approximately 70 feet into a waterbody measuring approximately 383
feet across, which would conform with the 1 /4 width rule and the established pier lengths. Minor increases in turbidity
should be expected during construction.
Submitted by: Robb Mairs Date: 6/19/2006 Office: Wilmington
PROTECT NARRATIVE
The Vineyards at Pages Creek Basin and Docks
May 18, 2006
The Vineyards at Pages Creek is a new development being proposed in the
northeastern portion of New Hanover County on the southwest shoreline of Pages
Creek. The project site can be reached by traveling on North Market Street [US 17]
to Middle Sound Loop Road. Turning on Middle Sound Loop Road travel east to
Ogden Elementary School and then take the north portion of Middle Sound Loop
Road. Follow this for approximately 2 miles. Then turn left on Mason Landing Road
until it reaches Canady Road. Turn left on Canady and the project is at the end of
the fourth or fifth drive on the right after passing Denise Drive. This is a common
access drive into both tracts of the project site.
At present the project site consists of two tracts of land that are identified as 1647
and 1653 Canady Road. There are approximately 3.49 acres of highground in these
tracts. They are subdivided into lots of the Williams Lands as described in the
enclosed Warranty Deeds. One tract (11647 Canady - Lots 10 and 11 of the
Williams land) has had up to four residences constructed on it. The other tract (1653
Canady - lots 8 and 9 of the Williams Land) has a single residence. There is an
existing moderately high bluff along the shoreline of the site. There are existing
basin features in the waters of Pages Creek adjacent to the highground tracts. The
basin connected to 1647 is the more definitive of the two. The dimensions of the
existing basin are approximately 86 feet long by 32 feet wide. The access channel
serving the basin measures approximately 104 feet long by 40 feet wide. Depths in
the basin vary from approximately +2.0 feet at Normal Low Water (NLW) to
approximately 0.0 feet NLW. The access channel depths range from approximately -
2.2 feet to -6.0 feet. This basin has three bulkhead/retaining walls on the north,
west and south sides. They are in a poor state of repair to the point of partial to
complete failure. There is an existing access pathway that leads down from the
existing bluff portion of the property to the northern side of the basin. The other
basin feature appears to be a relic of former dredging and measures approximately
80 feet wide by 140 feet long. Existing water depths of this feature are unknown.
The total water body width in the project location is approximately 1242 feet. The
project shoreline is approximately 250 linear feet.
The highground portion of the project located outside of the Estuarine Shoreline
Area of Enviromental Concern is being divided into a total of 7 lots with a R-20S
zoning classification. A special use permit has been obtained from New Hanover
County for the boating access associated with this project. County approval for the
highground development is pending. Also an Express Stormwater Permit has been
issued (SW8 060429). County approval for sedimentation and erosion control
authorization is also pending.
This application requests the authorization of maintenance excavation and
enlargement of the existing basin associated with 1647 Canady Road. Also
requested is the creation of seven (7) slips or docking spaces. In addition to the
basin work the application also requests the modification of the existing sh6relines of,o-

both tracts to stabilize the face of the existing bluff. The community access located
at the north side of the project basin will be improved as the bluff face is stabilized.
The north wall of the existing basin will be lengthened to 52 feet. The access
channel will be maintained at 40 feet wide by 110 feet long to connect with the
existing low water run of Page's Creek. Water depths in the basin.will range from -
4.0 feet NLW in depth at the walls of the basin increasing gradually to -6.0 feet NLW
at the confluence with the run of the creek. A total of four boat lifts, each 12 feet
by 12 feet, will be installed along the north (52 feet) side of the basin. Along the
south side of the basin and channel a floating dock (120 feet by 6 feet) will be
installed creating three 40 feet docking spaces. To gain access to the boat lifts a 4
feet by 32 feet walkway will be constructed along the east side of the basin and a 2
feet by 26 feet finger dock will be constructed at the middle point of the north side.
To gain access to the floating dock a set of steps and pathway will be constructed.
The existing bluff will be partially terraced to create a more stable configuration.
This will also provide for a more usable access to the basin and docks for the
residents of the property. Plans are to replace the existing bulkhead/retaining wall
that is around the existing basin with a new structure which will enclose three sides
of the new basin and that will extend along the shoreline of the two tracts.
Approximately 52 feet of bulkhead will be along the north side of the new basin and
this will connect to 86 feet of new bulkhead along the west side of the new basin.
At this point the structure will become a retaining wall and 112 feet of retaining wall
will be aligned along the toe of the highground along the shoreline of the southern
tract. Silt fencing aligned above all wetlands will be utilized to avoid negative
wetland imparts. The terraced area landward of the bulkhead/retaining wall(s) will
vary in width. At the north side of the new basin there will be a pad approximately
25 feet by 25 feet which will taper to the west until it reaches a width of 6 feet
which parallels the east side of the basin. Just before reaching the access ramp to
the floating dock the feature widens gradually to reach a maximum width of 16 feet
along the shoreline of the south tract. Adjacent to the southwest corner of the
property a set of steps will be constructed along with a platform to provide
residential access to the fill area.
The waters of Pages Creek are classified as SA by the NC Division of Water Quality.
NC Division of Marine Fisheries has not designated these waters as a primary
nursery area. NC Division of Shellfish Sanitation has closed these waters to the
taking of shellfish.
The project as proposed is consistent with all current applicable rules and
regulations.

A 1)
t , ...
Form DCM-3tip-1
APPLICATION
2 0 0 6 1 Q 0 s (ro be rnmpleW by all applicants)
b. City, town, community or landmark
o 6- i.) EN A t2-e- A
1. APPLICANT .
a. Landowner:
we, Pao ftn r % &s
Name A L. CAP V5, , G-EM&q4L, PAA-rNFA?-
Address 5 qo 8 V)6%MA14NAny DXIV&
City GTQ "-'11-%3p 4tev State N c
Zip 27Day Phone 33 (o - 272.9112
A 2 -A7
Fax
c. Street address or secondary road number
_. I (D 64%4 10 5 3 CA r i Atrl ? o A D
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) RAGQ.S C. 0-f-- a w_
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent: egUl Ra 1 pJ Fa a rrAT1ZrJ
Name e-• P-O be-ryr S i L eo-t> ' Y
Address Li 815 CAn cx4IUA P, "ems p
City "" ?LyVS1NC1nN
State &`-1 r
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
MA 1 (4TEr+A Ncr- LxGAV AT, o"_ AN _o LMC.g n Cg 4W
cc Fx N T iNv cb o^T - 4 pspAT w r-m
s%p4To VC;C K - T) iVtfi-p Ciyc tc+?E?.p
Anb RATAimwPw4kLy %-
H. 9 W-794 - `t53/,
Zip Z?S`? 1 Z Day Phone 6-910 • f zo •'t2'12 b. Is the proposed activity maintenance of an existing
project, new work, or both? gc''1'N
Fax Qiv•?et9•?S3I?
c. Will the project be for public, private or commercial
use? P o... y a z-a`- ?o uw.?nn Qv-+ %'t?c-r
c. Project name (if any) _ 1 ? ? IN ?V ?- D C'
A3' P ArbF?S CAL F (-_ d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
1 vm. pernit „Q be iss+,od in n~ of lawkn ffft), aidlor project. If more space is needed, please attach
additional pages. s ?e V1 c?YYai-? v?
2. LOCATION OF PROPOSED
PROJECT
a. County -t-4w A AwoyE (Z
t
Rerised 9s
i
Form DCM-MP-1
4. LAND AND WATER
{ CHARACTERISTICS
a! Size of entire tract 3 - + 9 de v*,e- s
b. Size of individual. lot(s) -ti 'L-oI mdo s
c. Approximate elevation of tract above MHW or
NWL 1
d.I Soil type(s) and texture(s) of tract
Sannd 4 Lip. W1
e. Vegetation on tract m% ea V1tArr1w.5 c s
o-w% 41 1 awe GP %r aSS rs
f. Man-made features now on tract _Aaw,0 U ?Led
vvinu & +ex um•?sws .
g. What is the CAMA Land Use Plan land
classification of the site? (cross u Ae kcd knd use ptmi.)
Conservation Transitional
Developed Community
Rural Y- Other
Vu >v ttxslned t?2Swrra prc?CC,{?,a+?+
h' How is the tract zoned by local government?
i. ? Is the proposed project consistent with the applicable
zoning? vl- Yes No
(Amch zoning WPPZtann «mfcu, ifirp4aW)
Has a professional archaeological
done for the tract? Yes
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 A No
1. Are there wetlands on the site? n Yes No
Coastal (marsh) ._ Other
If yes, has a delineation been conducted? hb _
(AaaA doa-wmadm. r-aitabk)
m. Describe existing wastewater treatment facilities.
o-00W- t S>gw&L AU A %L#%0' £
--
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industriallcommercial effluent, "wash
down" and residential discharges.) n (aL
o. Describe existing drinking water supply source.
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A Dopy 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 S 1/2" by I1" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Pkaw 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

assessment been
No
Reybed 0319$
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the life.
• A Stormr'atet Certification, if one is necessary.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• 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.
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.
Name Mr?f&s. ??•G Ia+c„q Jv I certify that I am authorized to grant, and do in fact,
Address %C-0 KE W a""-" Ra -c J.h arc A P -1* 4?qg t permission to representatives of state and federal
Phone 9 1 15 2 S 3 - re Z °t review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name %Ar Mrs tZ F--\ay% permit application and follow-up monitoring of the
Address Ca+n ?d-Wi1v?• `r'te project.
Phone - Lk b l L4
Name
Address
Phone
A list of previous state or federal permits issued for
work on the project tract. Include permit members,
permittee, and issuing dates.
SWq? O(n©4?A
• 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 - I to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documeming compliance with the North Carolina
Environmental Policy Act
I further certify that the information provided in this
application is truthful to the best of my knowledge.
??? 20OG
This is the S? day of 1-- ?9---
Print Name G (?a ?"4 ?r ou G` V 1'
S ignatur
Lmd.. wed Arw
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 artaclunent in the
space provided at the bortom of each form.
r'; _

Rtvssed 63/93
06-09-2006 20:03 ECB STRO'UD 910 799 4536
Form DCM-MP-Z
EXCAVATION
AND FILL
Attach this form to Joint Application for CAMA Major
permit, Form DCM-MP-1. Be we to aomplato all
other sections of the Joint Application that relate to this
proposed project-
Describe below the purpose of proposed excavation or
fill activities. All ralues to be given In ripe.
Access
channel
(MLW) ``/
Cana)
Rost n ?Y,,
baa?n
Boat
ramp
Rock
groin
Rock
breakwater
Other 9 1A
(Eu
.hordinc
•abdisatiop)
Rcviwd 03P"
A""r not
adeft P"Jod
twa*b Wmb tawa D""
t

4

..3.?

°
~#

PAGE4
1. EXCAVATION
•. Amount of material to be excavated ttom blow
WIW or NWL in cubic yards 122!101-4.1
b. Type of material to be excavated 1hud k v+d
c. Does the area to be excavated include caastal
wetlands (marsh), submersed aquatic vw"tion
(SAVs) or outer wetlands? Yes X- No
d. Highground excavation in cubic yards 5 I 'C ?:
2. DISPOSAL OF EXCAVATED
MATERIAL
a. l.ocalion of disposal arga
b. DiMensionc nr Alaww.q arwa A90, 9 J' X 1 ?L X ?o r '?C
. t,v% de- a"?'f
c. Do you claint tide to disposal area?
Yes No
if ao, attach a latter granting pw=leaion ft m the
owner.
d. Will a disposal area be available for future
mainicnance) _L_ Yea No
if yes, where? J .".t, TV-v N C 'C'A.JK.?1L
L)a tfie (C
1 L.?

Form DCRi-1*0-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes K No
f. Dons the disposal include any area in the water?
Yes _,. No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
_ , c Bulkhead Riprap
b. Length t 7-
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
yz 12L
r__ Of 4--d-)
If Yes.
(1) Amount of material to be placed in the
water d W ?0_s
(2) Dimensions of fill area
(3) Purpose of fill rE ?p %" t,arvvwr41LP
pK %xIL Edo / l a m We- wA,- L.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area ti ??-
(2) Purpose of fill
S. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? 5% i'
Iw1kw - rQ.??w•.ut we.tl - so.l
ba.rr?. S
f. Type of bulkhead or riprap material sti'?-}
rV% ( wood eY f2?'C ? b.
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap D C_ti •(JC
(2) Bulkhead backfill C2 r ct v? S
M4?r?ti I>?
h. Type of fill material 14 t tpAi [grin 021 - , A
Do.V so%TA3b%- iZ SQb« s.
i. Source of fill material y L2`'0-t *-Cp Vn0M
V+Awt 6A00ND sou4.CE ? Sim t_s FYth" pC03ecT
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
(3aY4e Wwuv.W eXCavo?-fir
C)-J%V,e frVc.1::5 - k*' ? kecs
Will wetlands be cr5ssed in transporting equipment
to project site? Yes 1% No
If yes, explain steps that will be taken to lessen
environmental impacts.
a. Will fill material be brought to site?
_r- Yes No
-M.e V t%AeU2LrAs at- PaCles er&ek
Applksnt or Project Fume
61
Date
;J _ U l [,
Re.ixa ON9S
06-C9-2006 20:03 BOB STROUD 910 799 4535
Form DCbt-MP-4
STRUCTURES
(Construction within Public Trvd Arm)
Attach this form to Joint Application for CAMA Mayor
Permit, Fom DCM-MP-1. Be sure to c fete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) Commercial „Community ____ Private
(2) Number I,,.,7
(3) Length 1 a.o
(4) Width
(5) Finger Piers x Yes No
(i) Number i
(it) Length '1(?
(iii) Width Jt r
(b) Platform(s) Yes if, No
(1) Number art,
(ii) Length
(iii) Width
(7) Number of slips propoaad 7
(8) Prnlimity of structure to 44eent riparian
property lines -.- t5
(9) Width of water body 11 sta.'
(10) Water depth at waserward sand of pier at
MLW or? , c `
b. Boathouse (including covered lifts) vOt.
(1) - Commercial Private
(2) Ungth
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) haw
(1) Number
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.) yt(O.
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
i
Revised 0 %
PPGE3
e. Mooring buoys h(x
(1) Connnerciai _Comi utnity - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (bostlift, mooring pilings, etc.)
(1) Co nmercial _2?Communiry _ Private
(2) Number ..l:F
(3) Length Or-
(4) Width t X
S. Other (cew mRF4* dno,poAWT)
!??s s uux?k ? o r--- bout i??? r7t: rC8
The yt he fA& .} ?d q+o•,s +ee
APPOMM or Poled P&M
swum"
S2cc
Dots

v
BOAT BASIN MA MENANCE AND DEVEUN AiENT
BY. AL CAPPS ` n
1647 CANADY ROAD
OGDE N. N.C.
u r NEW HANOVER COUNTY
Scale #. = too cs[l?Lli?ikrtt'ftr c i ',I t? ?0,f,_; a'utJE. 7E ? oPC,
0o-09-2006 20:02
6
1
gn'h',•1
M
/ A

r?

y =ix
Erg OTROUD 910 TSG 45 6
Pi;GE2
m
CC
'0=)
a OL)
z3 ?
0 v?
>(D
7m M
n
i2 U! N!

i?l \ O
P
17 \ 0
i Qty \ Cq.'<. ` "? "`4?q•w U
?1?1?? `•?P :; s4 P c: °?i? ?,??oE?o o " ?S"!? ??cgEE ?I ?.'^-T'`??, / /"?U?,`_•
D`?n"''??\EEK??,I, r _.
,
--" t -_ _ ? '?' "te/ -? ? "'INCA=? • oNCae p ?y "0?'r? ?
i? c e Ebop ?,? c s e vkre r I. ,
Q Itc
-+- .? i.:/ ?? / 2 r ? 9 q ???+7 O ,t'?- 91C?i? OC I•" Z ? p / ? ? `1
P
r
f 7 _- ti=EN CgE?F
C
L k - 'r C?' - 7 S- o " :cy ? 1 J
yew vPw7e 1 RD
C..X, ?_T i - `gyp E3 m?Y:N 1/??LPrIEP .yt/?3?: (?-
a r ?? F comrxsME«
PLANTATIONAND
j.?5 ?f ?_C?' \' -_`' /- / > ? .. ? i:.o ?.. COIIYEAY CLUB
?\ ` V t/} jp?.G40?P9_? f u°Ef PC 4? `' \\Cq_I
c ? t c `-? r ?`+\N I I I
IA-
\
SITE LOCATION yr l ,I .' \?a eq,,?
?_...3-••;? ?' ` v_/ - - pa q 4}i"q ?Y o ?.? .M Gg _I I -.1 / i
Es 4
,g5':''y``[`?
4"
i?J3`a
? r
?t 4'tx r\ ??-/ r / r ?sq •f ?5,. E> y - _ - r35°/ /
?w?
cr ? e
?? < Y -•.7 pS y j. 4E9
K `?. `?.[.ti R C+? . t: t^ - Rm ?iy _. mat e'., //•'/ / .
SITE LOCATION MAP
0 0.5 1
I I I I I BOAT BASIN IMAIMTEMANCE AND DEVELOPIAEMT
Miles BY. AL CAPPS
1697 CANARY ROAD
OGDEN. N.C.
NEW HANOVER COUNTY
DRAWN BY Wm. H. WARREN, JR.
AUGUST-2ffi& SHEET I OF 6
?,VoM %TT;;? A\#N-1 2'2 7,00v
W
PRENOUS CHANNEL I
(TO -6.0)
I I I r,.ARSHSS/
I
I
1
1
NOW OR FORMERLY
GEORGE G. RUING, .RI
I

I
voi le
114 V I r-
THIS FIGURE BASED ON SURVEY BY:
THE CLARK GROUP SURVEYING DIVISION
PO BOX 10136
WILMINGTON, N.C.
DATED: 18 APRIL 2005
DRAWN BY Wm. H. WARREN, JR.
AUGUST 2005 SHEET 0-OF
aeQlS*D MAy2Z/7-c)d&
BOAT BASIN MAINTENANCE AND DEVELOPMENT
BY. AL CAPPS
1647 CANADY ROAD
OGDEN, N.C.
NEW HANOVER COUNTY
I
1
i
NCR OR FOF6 E Y
GECRGE G. IT^G. R i
_ i
1 I

ITV IL_
THIS FIGURE BASED ON SURVEY BY.
THE CLARK GROUP SURVEYING DIVISION
PO BOX 10136
I MINGTON, N.C.
DATED: 18 APRIL 2005

s - i--1
I? -
-
i ?? ?- ? i? ?YA71TETlANC£ 1 `Y
%0E.
4,
i i SUP 7 MARSH GRASS/
1 1 cio?AT i

BOAT BASIN MAINTENANCE AND DEVELOPMENT
By. AL CAPPS C V,4/9 AtPS A7#-
1647 CANADY ROAD
OGDEN, N.C.
NEW HANOVER COUNTY
DRAWN BY Wm. H. WARREN, JR.
APRIL 2006 SHEETS OF
R EV(SErD J'uNiE 7. 20&
GRASSED STABILIZED
SLOPE VARIES
tBACKFILL VARIES 15'1 VARIES 15'1
4"x6"
TOP OF WALL=+7.0
#4 ROD
GALV.) M I SILT FENCE
' AS REQUIRED
FILTER HW=+4.0
6"x6" ON CLOTH
5'-0" CTRS.
DEPTH PER BLDG. CODE 2"x8" 6ON
T&G 5'-0" CTRS.
DEPTH PER BLDG. CODE
TYPICAL SECTION 'A' THRU RETAINING WALL
NOT TO SCALE
GRASSED STABILIZED
SLOPE VARIES
mm.
#4 ROD
GALV.)
H
a
COMMUNITY ACCESS
FILTER BACKFILL 6't x6"
CLOTH TOP OF BASIN WALL=+7.0
2"x8
T&G
j ?
-H W=+4.0
6"x6" ON ?y
5'-0" CTRS.
DEPTH PER BLDG. CODE
(TYPICAL)
FILTER .0'
CLOTH-
T&G
LW=0.0
----------------
/ATION VARIES FROM
TO -6.0 AT EXISTING CREEK DEPTH
6"x6" ON
5'-0" CTRS.
DEPTH PER BLDG. CODE
TYPICAL SECTION W THRU RETAWING WALLS
NOT TO SGYE
rE; j`:`( w L 1, ll f
BOAT BASIN MAINTENANCE AND DEVELOPMENT
BY. AL CAPPS
1647 CANADY ROAD
OGDEN, N.C.
NEW HANOVER COUNTY
DRAWN BY Wm. H. WARREN, JR.
AUGUST 2005 SHEET 4 OF
?JQM L (CC-Q m A y ?2 2?0
F
?o
o?
0
z
N
W
J
d

LL.

? -W
Z ? N p
U z 3
°Q o =

1: U
0

E Un

N
z o
U
Z
?, 30

m
IZ
UZ=
Q
G
^ W
'03.-
Z
m
?Q?OZ IO
?Q
O
0 m

1 r t

z t= L3
oUm
Ir
x?w
a
w
0
i
I
r x
0 ?.
i
I b
I

I
I

I
I I
I
I

O cr) 1 Z
1 I
D D ? ( I
(-4Z

D
CJ1 I
O (D Z I
z I

m • x
l
mDm;
I
Z O vF<
?NX: I

m r- m
m N l
f
rl
I I
4
I I

O I
1
I I
i m I I
A
A I
'

I
` o

?? of
'? is
?

A
D
N
N
a, g
v Z0?D

U ? P . AA
mvPr c-,?
I
` Zz
D

D
V >
3 )
0>
X
0
1
V
D
S O
-Z?I v
?
j

m
N m ? y
Z
p

N
C- p
?
No
8?
? 4

A
O
O
x
D
z
2
m
r
D
2
Z
D
0
m

D

_ I
1
I
I
1
I
I
I

I
I I

I
I
I

I
I

I

' I
I
'
I
D
rnD
1 I
0I-j
Dz ; I
?
m I

I Ix
?
I
m F
I A +

?
la I+'
o
EN
O 0
I

.O
AOx ? I
W n ,,? ? I
I
I
I
pcnz
0
m
I
I

(
2
o
.-I
NO
O =0
0 >
CD 1c:
N O 1
z
D
F- r
N 3?
+
v
0
A
D
O
?m
O D
,co
N
1N A?
rr
C) 00

N
I"O
Ox
•p?
A ?
z
N
O
v
?icno
'
. .
I
M .,'

a,Oo
Z
r-
N

8 Ip
m +
la
I

L? n
I j
L; a
C-
U
r>>
Creek
P ages

I 1
A 1
1 1
A Q ? 1

A IS)
1 I {-' v
1
1 I c a
Z) LL 1
A

A C
?

A p
Q
p•'' 1

A
O
L U a
O A
CO A
I
I
A
I I
0
L?
rn
L s
v .°
L 1 C
c \ C
ui

om I
U

?7 C 6 1 ?

V
°I m
a

O
I
?I
°
?°
F
?.. I

L
I )
s
c N rnv o
c 6>
in
fn J
N
L m
N ?
l7
m
0
J
•lLAJS3 -I!ln ;,!Ignd oE
L
a-+

L C
N
fi? I
Q)m N m
L
co
?
n
V
0
(M/d ?!Ignd ,09)

O
-LA:--3 ss2;-)V OE

w
w
In o
p
C1 ?
U V

v u

o °

C d
0 0

U
v
0
L
.. v
o
z r
co m
°
r
d'r'op +1
. N Ln
`??r o o OL
0

N V ?
U6
U-T to o
I V V
i
L
q)
> ooo
(3
L L

o .
Z u
.? c
TT ' b
3mmm L c
0
N
Z

I-

N

J
C
ri

0
J
I
0
N?
1
O
w
U
v
V
U
Q
v
a
L
IL
N
pp®?q ApouoD
u
o
,J) 8
C LL L _
C
C co o %
04
O J
'u
n? m
U?
C ?
C Lo
lr1 CC C N
rA)
N O JU DC
N
(N4
?m
0

a
II?^
V/
u_
t
n
C O
L m
0
I'D

0
6
V
m
s
Q)
r
v
t"
v
L
Q
L
v
n
0
L
Q-
c
v°
o
L
v c
s p
o OL
v?-4-)
V
0
CL
3 N
v
z U)
?
-? n 6
n
v?
LL
°
U ?
J ?
J co
(n U
? X
O
CO
QO
O ?
Lo?
v
N
O ?? V O
? T
m Z
C
y v 3
a o 0
O u'? L L
J g?
W NN
Z Z N
LL1 C O
W
>?
Q N E
E
LO u
D: (? c
W o
Z?
06Z
Q N o
¦
Ul J
;
It 0
LL a' n
w ? N
w
I W
Z = N
(L? ? 3 0
= Z rn
W o
CG -1009
Wi-0-0{'-0-0•h'd-0Q{{-04QtiC-0ti`?4`-}?4C?1-0?G0-Y/A4}:q?{.WC?.WTC{.K.p.}}pp48 +M{.O•YYiv?h'-YM-.'-0•h'-. {-: .?7h`•i:i .{{-}?SC4Y.?}?
Permit Class Permit Number
NEW 137-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
rmtt a GC?C?
Q ego
for D
X Major Development in an Area of Environmental Con¢ 2 2006
pursuant to NCGS 113A-118 06NR • WATER QUALITY
WETLANDS Ate StommTER BRANCH
X Excavation and/or filling pursuant to NCGS 113-229
Issued to GCW Properties, c/o Al Capps, 5908 Tamannary Dr., Greensboro, NC 27455
Authorizing development in New Hanover County at adj. to Pages Creek, 1647 and 1653 Canady
Rd. Ogden , as requested in the permittee's application dated 5/22/06 . inc. att. drawings (7).
2 of 6 dated "rev'd" 5/22/06, 3 of 6 dated "rev d" 6/7/06, 4-through 6 of 6 dated "submitted" 5/22/06, 1 dated 2/2106, t dated 6/9/06.
This permit, issued on September 18, 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.
Excavation
1) Unless specifically altered herein, all excavation shall be limited to the areas indicated in the attached
permit application and workplan drawings. Any proposal to change the area to be dredged shall require
permit modification.
2) The depth of excavation shall not exceed -4 feet below the normal low water level for the basin, and -6
ft. below the normal low water level for the access channel. In no case shall the depth of excavation
exceed the depth of connecting waters.
(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
i
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.
Cha es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

GWC Properties Permit # 137-06
Page 2 of 4
ADDITIONAL CONDITIONS
3) A turbidity curtain be installed between the area to be excavated in the upland basin and Pages Creek,
and a 24-hour period after completion of excavation shall elapse prior to removal of the turbidity curtain
to prevent unnecessary siltation into the adjacent water body.
4) No excavation shall take place within 10 feet of any coastal wetlands.
5) - The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
x
authorized. k
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
-- to discuss operations and appropriate lighting, markers-etc for all dredge equipment.
Spoil Disposal
6) All excavated materials shall be confined to the area indicated on the attached workplan drawing dated
6/9/06 and behind the retention berm, all as expressly and specifically set forth in the attached permit
application. The spoil material shall be given adequate time to de-water prior to being placed behind the
authorized bulkhead. Any proposal to change the dimensions or location of the disposal site may
require a modification of this permit.
Shoreline Stabilization
The alignment of the permitted bulkhead and retaining walls shall be staked by the permittee or the
p=ttee's authorized agent and approved by a representative of the Division of Coastal Management
within a maximum of 30 days prior to the start of any construction.
8) The bulkhead and retaining walls shall be constructed prior to any backfilling activities
9) The bulkhead and retaining walls shall be structurally tight so as to prevent seepage of backfill materials
throuvh the structures.
10) The bulkhead and retaining walls shall be solid and constructed of treated wood, concrete slabs, metal
sheet piles or other suitable materials approved by department personnel.
11) The backfill material shall be clean and free of any pollutants except in trace quantities.
12) All backfill material shall be confined behind the permitted bulkhead.
Docking Facilitv
13) Unless specifically altered herein, this permit authorizes the 32 ft. x 4 ft. access walkway, the 26 ft. x 2
ft. finger pier, the four 12 ft. x 12 ft. boat lifts, and the 120 ft. x 6 ft. floating dock and the access
,, ngway, all as 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.
S ?
GWC Properties
ADDITIONAL CONDITIONS
Permit # 137-06
Page 3 of 4
14) 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
j permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure. 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.
15) All portions of the access pier located over coastal wetlands shall be elevated a minimum of 3 feet above
the coastal wetland substrate as measured from the bottom of the decking.
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) 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.
18) j This permit authorizes a maximum of 7 boat slips.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources. Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
19) 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 and retaining wall- cap-immediately-following --completion of_ backfilling_
activities.
20) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Stormwater Management
21) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8060429 on 5/16/06. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
f
.rt
G`E'C Properties
ADDITIONAL CONDITIONS
Shellfishina Closure
Permit # 137-06
Page 4 of 4
23) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission 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.
General
24) 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.
25) No vegetated wetlands shall be excavated or filled.
26) New Hanover County Planning Department has issued Special Use Permit "Rezoning Case S-554" on
4/4/06. Any violation of the permit approved by New Hanover County shall be considered a violation of
this CAMA permit.
27) The `Vest Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has
been reported in the tidal waters of New Hanover County. In order to protect the West Indian manatee
all work should be done during the period from November 1 to May 31. If work must be done during
the period from June through October the enclosed guidelines, entitled "Precautions for General
Construction in Areas ?`y`hich %lav Be Used by the Nest Indian Manatee in North Carolina" shall be
followed.
X
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
{
l
NOTE: Future development of the permittee's property may require a modification of this permit.
r 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
.r dependent activities are not authorized within 30 feet of the normal high water level.
r
s \OTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3490 (DWQ Project No. 061009), which «as issued on 8/1/06.
NOTE: The U.S. Arm% Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2006-32522-065.
a