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HomeMy WebLinkAbout20060454 Ver 2_COMPLETE FILE_20060801),.. -4 Permit Class MODIFICATION/v1AJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ? 06 ern?tt SEP??20 for Permit Number 64-06 06 -C)V?S? ASK 50R" ERA Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Dan Deacon for Sounds Edge Village, 458 Eagle Drive, Chapel Hill, INC 27514 Authorizing development in Pender County at Yow's Channel adi. to AIWW, 201-207 North New Rivet- Rd., Surf City , as requested in the permittee's application dated 5/26/06, 'including the attached workplan drawings (4), 1 of 4 dated 5/26/06 2 through 4 of 4 dated 5/25/06. This permit, issued on September 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, Facilitv Reconfiguration 1) Unless specifically altered herein, this major modification authorizes the shift of the existing docking facility approximately 12 ft. to the east, the addition of a 6 ft. x 18 ft. section of floating dock, the five 2 ft. x 18 ft. finger piers, the eleven mooring pilings, and the access ramp, all as expressly and specifically set forth in the attached permit application and work-plan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (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 vhen 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 %Ianaeement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. `J ClV s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Dan Deacon ADDITIONAL CONDITIONS Permit #64-06 Page 2 of 4 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured 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. 3) The authorized structure shall not extend more than I/4 of the width of the ,vaterbody, as measured from the waterward edge of the Coastal Wetlands on both sides of the channel immediately in front of the project site. 4) In order to ensure compliance *with Condition No. 3 of this major modification, an as-built survey showing the edge of coastal wetlands on both side of the channel, the distance across the water body, and the reconfigured docking facility, 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. 4 may result in a violation of this permit. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this major modification. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) This major modification 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. 8) 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. 9) This major modification does not authorize the increase in the number of total slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility shall require that the docking facility be classified as a marina, and shall therefore require a review under the N.C. Environmental Policy Act (NCEPA). ?R Dan Deacon ADDITIONAL CONDITIONS Shellfishin2 Closure Permit #64-06 Page 3 of 4 10) 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. Easement 11) Prior to the occupancy of any boat slips authorized under this major modification, the permittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). General 12) 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 major modification, 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 clue notice from the Corps of Tnc_1ineers, 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. 13) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 14) 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. 15) This major modification shall be attached to the original of Permit No. 64-06, which was issued on 4/20/06, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force under this major modification, unless specifically altered herein. NOTE: This major modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. e ---t( Dan Deacon ADDITIONAL CONDITIONS Permit #64-06 Page 4 of 4 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. MOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060454. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COF ORM No. SAW- 2006-00795. PCDENR VZ)(-?U.J North Carolina Department of Environment and Natural Resources Division of Coastal Management J0 Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 28, 2006 MEMORANDUM: TO: Linda Lewis and Noelle Lutheran Division of Water Quality u AU G 3 0 2006 FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Major Permit Application Review *1LDSANDSIOR"MIRBRANCH Applicant: Dan Deacon for Sounds Edge Village Project Location: Off NC Highway 210, adjacent to Yow's Channel and Stump Sound. Surf City. Proposed Project: The Applicant proposes to relocate, reconfigure, and enlarge the existing 10-slip floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 23, 2006. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. v REPLY: This agency has no objection to the project as proposed., + This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity's Affirmative action Employer - 50°% Recycled 1 10% Post Consumer Paper y Permit Class MODIFICATION/MAJOR Permit Number 64-06 STATE OF NORTH CAROLINA Department of Environment and Natural Resources ??? ? and L9 -" o v' S 19 n Coastal Resources Commission D ?UUJJ r Q o6 nrmt SEP ? 4 2? for WSMD8WDSTM0a ERBRANC Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Dan Deacon for Sounds Edge Village, 458 Eagle Drive, Chapel Hill, NC 27514 Authorizing development in Pender County at Yow's Channel adj. to AIWW, 201-207 North New River Rd. Surf Cit , as requested in the permittee's application dated 5/26/06, 'including the attached workplan drawings (4) 1 of 4 dated 5/26/06, 2 through 4 of 4 dated 5/25/06. This permit, issued on September 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. Dockiny, Facility Reconfilzuration 1) Unless specifically altered herein, this major modification authorizes the shift of the existing docking facility approximately 12 ft. to the east, the addition of a 6 ft. x 18 ft. section of floating dock, the five 2 ft. x 18 ft. finger piers, the eleven mooring pilings, and the access ramp, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. C s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee OW Dan Deacon ADDITIONAL CONDITIONS Permit #64-06 Page 2 of 4 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured 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. 3) The authorized structure shall not extend more than '/a of the width of the waterbody, as measured from the waterward edge of the Coastal Wetlands on both sides of the channel immediately in front of the project site. 4) In order to ensure compliance "with Condition No. 3 of this major modification, an as-built survey showing the edge of coastal wetlands on both side of the channel, the distance across the water body, and the reconfigured docking facility, 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. 4 may result in a violation of this permit. 5') No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this major modification. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) This major modification 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. 8) 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. 9) This major modification does not authorize the increase in the number of total slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility shall require that the docking facility be classified as a marina, and shall therefore require a review under the N.C. Environmental Policy Act (NCEPA). Dan Deacon ADDITIONAL CONDITIONS Shellfishing Closure Permit #64-06 Page 3 of 4 10) 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. Easement 11) Prior to the occupancy of any boat slips authorized under this major modification, the permittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). General 12) 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 major modification, 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. 13) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 14) 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. 15) This major modification shall be attached to the original of Permit No. 64-06, which was issued on 4/20/06, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force under this major modification, unless specifically altered herein. NOTE: This major modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. f? Vz)r NCDENR North Carolina Department of Environment and Natural Resources y Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 28, 2006 MEMORANDUM: TO: Linda Lewis and Noelle Lutheran Division of Water Quality FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Major Permit Application Review Applicant: Dan Deacon for Sounds Edge Village a R@gVg D ms 3 0 2006 v,E> wKM ?DS AND sTo?e Project Location: Off NC Highway 210, adjacent to Yow's Channel and Stump Sound, Surf City. Proposed Project: The Applicant proposes to relocate, reconfigure, and enlarge the existing 10-slip floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 23, 2006. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. A,) 6, qC: ? / /Z REPLY: This agency has no objection to the project as proposed. 8 `,e .-U( This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Issued permits Subject: Issued permits From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> Date: Thu, 10 Aug 2006 16:57:44 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Doug Huggett <Doug.Huggett@ncmail.net>, "David L. Timpy" <David.L.Timpy@saw02.usace.army.mil>, Brad Shaver <Brad.E.Shaver@saw02.usace.army.mil>, Rich Weaver <Rich.Weaver@ncmail.net>, Jonathan Howell <Jonathan.Howell@ncmail.net>, Jason Dail <Jason.Dail@ncmail.net>, Jon Giles <Jon. Giles@ncmail.net> The following permit applications do NOT require a 401: 1) Sounds Edge Village (DWQ # 06-0454 ver 2) Pender County- CAMA 2) Lattier Landing (DWQ # 06-1234) Pender - CAMA Exp The following application was sent a general certification letter for a NW 12 (GC # 3374) 1) Town of Surf City (DWQ # 06-1167) Pender - 401 1 of 1 8/11/2006 9:10 AM A fflz._,?WA 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 July 28, 2006 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Major Permit Application Review Applicant: Dan Deacon for Sounds Edge Village F u a ? ? Do 4WAcLLIgT?Y J f ',i?l [ N7 i7 ?: gi???r4gW?t fJt?Ai?lC.ll Project Location: Off NC Highway 210, adjacent to Yow's Channel and Stump Sound, Surf City. Proposed Project: The Applicant proposes to relocate, reconfigure, and enlarge the existing 10-slip floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 23, 2006. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT - Major Modification 1. APPLICANT'S NAME: Dan Deacon for Sounds Edge Village 2. LOCATION OF PROJECT SITE: Off NC Highway 210, adjacent to Yow's Channel and Stump Sound, in Surf City, Pender County. Photo Index - 2000: 25-330 L, M 5-6 1995: 25-314, L, M 19-20 1989: 4 173 13, I, J 10-11 State Plane Coordinates - X: 2439287 Y: 250228 Rover File: P070618B 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 07/06/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - completed 6/06/06 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Surf City Land Classification From LUP - Developed, Urban Waterfront/Central Business District (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Residential/Commercial (E) Wastewater Treatment: Existing - Municipal water and sewer Planned -same (F) Type of Structures: Existing - One commercial building, parking area, bulkhead, concrete pads, platform and floating dock Planned - Reconfiguration and expansion of existing docking facility (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands Coastal (B) Non-Vegetated Wetlands (C) Other - High ground 282 ft.z (incorporated) (D) Total Area Disturbed: 282 ft.' (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant is proposing to relocate, reconfigure, and enlarge the existing 10-slip floating dock at the above referenced site. Dan Deacon for Sounds Edge Village Page Two 9. PROJECT DESCRIPTION: The applicant's project is located along N.C. State Highway 210, between Greensboro Street and Goldsboro Street, approximately 0.20 mile north of the intersection of N.C. Hwy 50 and N.C. Hwy 210, adjacent to Stump Sound, in Surf City, Pender County. To find the property, take Highway 17 North from Wilmington and turn right on N.C. State Highway 50 (approximately 30 miles from Wilmington). Head east on Hwy 50 and turn left onto Hwy 210 at the intersection of Hwy 210 and Hwy 50. The property is located on the western side of Hwy 210, approximately 0.20 mile from the intersection of Hwy 210 and Hwy 50. The applicant has submitted an Express CAMA Permit Application to develop approximately 1.58 acres, located between Highway 210 and the AIWW, adjacent to Yow's Channel and Stump Sound. The subject property is currently divided into two parcels, however, the applicant maintains ownership of both. The two parcels (later referred to as "the property") would ultimately be combined to form a single tract. The high ground portions of the property are currently being graded for construction authorized by CAMA Major Permit #64-06. Small stands of Southern Wax Myrtle (Merica cerifera) and Yaupon (Ilex vomitoria) exist on the water ward side of the property, along the property lines bordering Yow's Channel. The property has approximately 360 linear feet of shoreline bordering Yow's Channel. The high ground vegetation is bordered by transitional species including Sea Oxeye (Borrichiafrutescens) and Grounsel-bush (Baccharus halimifolia). High coastal marsh vegetation including Black Needle Rush (Juncus roemarianus), Spike Grass (Distichlis spicata) and Sea Lavender (Limonium, spp., exist in the inter-tidal zone. Salt Meadow Grass (Spartinapatens) complete the transition to the waters edge where Smooth Cordgrass Marsh (Spartina altern flora) is the predominant species. The northern shoreline is stabilized by a bulkhead, however, the southern shoreline is not. A 10' x 90' boardwalk exists adjacent to the concrete pads and provides access to a 6' x 112' section of floating dock. The boardwalk and floating dock run parallel to the shoreline, and span from west to east. The waterbody at this location is approximately 150' from edge of marsh to edge of marsh. A commercial building (Trading Company) is located in the southwest corner of the property. According to the applicant, the Trading Company would be left undisturbed. The existing floating dock was authorized under CAMA Major Permit # 128-93. This permit authorized the installation of a 6' x 112' floating dock that could accommodate no more than 10-slips. The waters of Yow's Channel and Stump Sound, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and according to maps provided by the Shellfish Sanitation Section, they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicants are requesting a Major Modification to their existing State Permit #64-06. The applicant is proposing to shift the existing dock approximately 12' to the east and add a 6' x 18' section of floating dock to the existing dock. The applicant is also proposing to install five (5) finger piers measuring approximately 2' in width and 18' in length with eleven (11) mooring pilings. The docking facility would have 10 boat slips. The water depth at the end of the docking facility would 'be approximately -6' @ Normal Low Water (NLW). 10. ANTICIPATED IlVIPACTS: The proposed installation of the floating dock addition, (5) finger piers and (11) mooring pilings would incorporate approximately 282 ft.2 of Estuarine Waters and Public Trust Area. Submitted by: Jon W Giles Date: July 28, 2006 Office: Wilmington NIP& 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 July 28, 2006 Wilmington. classified@stamewsonline. com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Dan Deacon for Sounds Edge Village Kyle: Please publish the attached Notice in the Wednesday, August 2, 2006 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit of the published notice to Dale Schmidt, 400 Commerce Avenue, Morehead City, N.C. 28557, (252) 808-2808. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson, Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7220. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, /Shaun Simpson Administrative Assistant Division of Coastal Management Enclosure cc: File Copy Doug Huggett Cathy Wood NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on June 6, 2006. According to said application, Dan Deacon for Sounds Edge Village, proposes to relocate, reconfigure, and enlarge the existing 10-slip floating dock, off NC Highway 210, adjacent to Yow's Channel and Stump Sound, in Surf City, Pender County. A copy of the entire application may be examined or copied at the office of Jon Giles, N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, 910-796-7215 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 23, 2006 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Form DCM-MP 1 APPLICATION, M A3 b(Z M O D I lGA-'C't 0?`-? (To be amnpleted by all applicants) b. City, town, community or landmark 1. APPLICANT a_ Landowner: ?u12F CITE/ Name ypko ofce zp Address /45 ?) E A& -E DOW Citycl RP i-?-L (4 l LA- State N C, Zip Z 7S 14 Day Phone Q 1 q - 14T l0 W Fax ?. ( ?4 b. Authorized Agent: GNU' o? IVFoYtmA'Ro?fJ CONSUl?7"tNl? Name I;ZD9-*IYLT c51 `10 4-Ir Address 4ek5 Gkr wyA &Aw Pv CA ,ltJ1t,1M??c?Ta? State N s 910• ?9?{ •'iS3ro Zip Day PhoneC 9 (0 520 - 7 Z :7 Z Fax q 1 0 • -7Q q ' NS 3ldt? ?v(,or +w^- "% }tk r%-I ) c. Project name (if any) NM. Pem* will be iured in nmee of jowkwner(s), and/or Probed none. 2. LOCATION OF PROPOSED PROJECT a. County PEN V I- Q- Bevind 0319S c. " Street address or secondary road number }?- - 2b1 - 207- Z1 N Or&W-DlUeg_Pasue d. Is proposed work within city limits or planning jurisdiction? 2_ Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) ?JQW C A N NE L- 40 f- T'W-- A I W , 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 excavatio and/or filling accivtries. % VV ed t .max ? f4, Gee'k S .,? % iN ve v?r42?r 1 Q r S- cc, •n s bdaNdi.Na.Q_G?. ?h '£`' he b. Is the proposed activity maintenance of an existing project, new work, or both? It atN- private or commercial c. Will the project be foF pub4CVLkL+& use? cc,>hnme-VC-k A d. RECEIVED DCM W11 MINGTON. iNIC JUN 0 6 2006 Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater 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. 9001T,1 -0054-- (q%ft-l??P.I %_ Le- Name 4 MAai` ?ov+ - VgW0%.0PMMEr? Address %qoo ?aStt+uoob Poo-d - S.? t-r& LI P h= W 1.. eV? ??.?t 8..? . ,p L 2. bl f ol- ptn." of 10 . 2SG . 94tfo Name ?'t'ti,M ¢ S 'C' Z A •-? Address E,h ?got 2?0?¢Fe?Tta,?iG2fs{yf Phone Cl to. 32$• 34°19 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing data. STRf'C. t0 pal ^R I Z$ q.5 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. 2oO !o This is the '1-<o day of ,,-i1}----: Print Name C CAof , Enx' OTVko V .TY V If p P # ro 4•-txo; SWS () 5 ?v 14 signatu/111-0 34 r o y .=u Ai-Q• G-10C.7-to4 • yev A00sV%% Sdowl .r? tf5'oe check for $250 ade payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources probed. (DEHNR) to cover the costs of processing the DCM MP -2 Excavation and Fill information application. DCM MP-3 U rand Devel asst • 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. p opm x DCM MP-4 Structures Information _ DCM MPS Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each foss. RECEIVEL) OCMWlLMING Oo J' Reeked 63195 .JUN 0 6 2006 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1.5 Q_olc !e4 1 0(0 4 s . b. Size of individual lot(s) yt L2L c. Approximate elevation of tract above MHW or NWL 7 " M _S l d. Soil type(s) and texture(s) of tract e. Vegetation on tract l aLv-nA qra S S f. Man-made features now on tract IA Lovu%w*-VZx J Sp ?.1?? an caw, 14 old w g. What is the CAMA Land Use Plan land classification of the site? (consnk &e tooat land use piam) A Conservation Transitional A Developed Community Rural G gg N %tJ _L_S_ plS?cC T Other h. How is the tract-zoned by?ov;""ne<nmento ? L Is the proposed project consistent with the applicable zoning? n Yes No (Attach zorins compliance certifiwie, if gppticnbte) j. 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 A No 1. Are there wetlands on the site? -2-4- Yes No Coastal (marsh) A Other If yes, has a delineation been conducted? (Anm* doem entatim, 1 amikbie) m. Describe existing wast water treatment facilities. Town C?S.sr? 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. S2!& ca-t,?j M,uh.rj+-A-! S?Tpw. S. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: oN F-%t w ?o4_oraEeP • copy of the d (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 Cincluding plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please 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 HECEIVEED GCM WILMINGTON, iWC Reed 03195 ,JUN 0 6 2006 , t, o s Cl, N _Jf J t r y c g a U. r . .....a ? . .. sue' f ry ? Q `•?" .: p e ? W i• _ 4 >: O W .. L Form DCM-MP4 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. a. Dock(s) and/or Pier(s) (1) _ Commercial -Community 7- Private (2) Number _ 1 (3) Length _ISbb 14 (4) Width co (5) Finger Piers y4 Yes No (i) Number 5 - te (ii) Length e (iii) Width Z (6) Platform(s) Yes K No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 16 (8) Proximity of structure to adjacent riparian property lines (9) Width of water body I (10) Water depth at waterward end of pier at MLW OZ'j?3b o r3014Lrg3 b. Boathouse (including covered lifts) rltt (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length (s) d. Breakwater (e.g. wood, sheetpile, etc.) r (? (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys 'hl f. (1) _ Commercial _Community _ 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 (boatlift, mooring pilings, etc.) (1) _ Commercial _Community X Private (2) Number 1l (3) Length (4) Width X2, .5 ?t?v\tevS. g. Other (Give complete dncHption) S0QNt7s >=pG? UIt.(.i~C Lkk/NG ?ACtt,t Applicant or 'ect Name Signature IM?-?l 2 G? , 2d© Date 1-"CAA WIU.IIIINJG i ON. NC Revised 03/95 JUN 0 s 2006 /60 /60 Ix EXISTING WATER ACCESS FLOOD 10, EBB i6 /lb ' 11'1 'ERTY LINE VTS) ® ® (PT1P) (9 0 3 4 05 6 7 9 lb, lb, li, If 10 ID 17.7' ` x1 ADDED a RIPARIAN OWNER: BEACH HOUSE MARINA, LLC SURF CITY, N.C. GRASS LAWN A 92' EXISTING 10't WIDE DECK MODIFIED DOCK PLAN 20 10 0 20 lm? SCALE IN FEET NEW WORK NOTE: THIS FIGURE BASED ON SURVEY BY: THE CLARK GROUP j PO BOX 10136 WILMINGTON, N.C DATED: 5/04/05 ELEVATIONS BASED ON NLW=0.0 ilb U N z Q 10 o i oo \ Q x LL N O ,tijy M w z N E- ,b av h N6535'S5"W x'?' 9g• 41' RIPARIAN OWNER: JIM ZANG LOT 7 NEW RIVER DRIVE MODIFIED EXISTING FLOATING DOCK AT. 207 AND 211 NEW RIVER DRIVE SURF CITY, N.C. BY: DAN DEACON 458 EAGLE DRIVE CHAPEL HILL, N.C. DRAWN BY. Wm. H. WARREN, JR. MAY 2006 SHEET 3 OF,4 REVISED MAY 25, 2006 TO PROPERTY LINE 112' 0 12 PILE RAMP L-L EXISTING 10't WIDE DECK EXISTING DOCK PLAN GRASS LAWN 20 10 0 20 SCALE IN FEET MODIFIED EXISTING FLOATING DOCK AT: SOUNDS EDGE VILLAGE SURF CITY, N.C. r - ; BY. DUNCAN MARINE CONTRACTORS, INC. - f 1908 EASTWOOD RD., SUITE 319 =° I I WILMINGTON, N.C. , c..! DRAWN BY. Wm. H. WARREN, JR. NOVEMBER 2005 SHEET 2„ OF 4 REVISED MAY 25, 2006 ?o CONCRETE PADS GRASS LAWN 1 ?? w z J^ N N z Qv E-' VEGETq SON NgS3S'SS..w .J 99.41' 1>0 4' WOOD LIGHT ENCLOSURE POLE