20050156 Ver 1_Complete File_20070127

L
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Permit Number
35-05
Coastal Resources Commission
erm t
for
Y Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Michael Arnolt, 3833 N. Meridian St., Suite 37, Indianapolis, IN 46208
Authorizing development in New Hanover County at Banks Channel, #2 Water St., Wrightsville
Beach , as requested in the permittee's application dated 09/15/04, including the
attached workplan drawings (2), 1 dated revised 11/24/04 and 1 dated 09/15/04
This permit, issued on April 13. 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
2) 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.
(See attached sheets for Additional Conditions)
DS- OISto
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2008
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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
1
Michael Arnolt Page 2 of 3
Permit #35-05
ADDITIONAL CONDITIONS
3) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
4) 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.
5) 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
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) 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 should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
8) In order to ensure compliance with Condition No. 7 of this permit, and to ensure that the authorized
docking facility does not extend past the Wrightsville Beach Pier Head line, an as-built survey shall be
performed on the docking facility, and copies of the survey shall be provided to the U.S. Army Corp. of
Engineers and the Division of Coastal Management, within 60 days of completion of construction.
General
9) No vegetated wetlands or open water areas shall be excavated or filled.
10) 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 will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
+-
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
w TF
Regional Contact: J. Steenhuis
WQ Supervisor: Fd BPrk
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Michael Arnolt County New Hanover
Project Number 05 0156 County2
Recvd From DCM Region Wilmington
Received Date 1/27/05 Recvd By Region
Project Type pier extension
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA Waters PT O N r__18-87-24-3 SA HQW 30,624. 0.01 F
O T O N ????F ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y ON Recommendation: 0 Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
No 401 certification is required for this project as proposed. JHS 2/7/05
cc: Regional Office
Central Office Page Number 1
Facility Name Michael Arnolt County New Hanover
Project Number 05 0156
Regional Contact: J. Steenhuis
Date:
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
F 0
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
January 12, 2005
MEMORANDUM:
TO: Cyndi Karoly ? D
L9(9L9LI?I/ Q D
Supervisor
401 Oversight and Express Permits Unit JAN 2 7 2005
Division of Water Quality-Surface Water Protection
Vti?osMD STOPU° rS, cj
FROM: Doug'Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Michael Arnolt
Project Location: 2 Water Street, adjacent to Banks Channel and Greenville Sound in Wrightsville
Beach.
Proposed Project: The Applicant proposes to extend a private fixed pier and floating dock from an existing
private pier into Banks Channel. The Applicant also proposes to install three (3) mooring
pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 3, 2005. 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.nccoastaimanagement.net
An Equal Opportunity 1Affirmative Action Employer - 50'% Recycled 110°'a Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT ,
FIELD INVESTIGATION REPORT 00 0
APPLICANT'S NAME: Michael Arnolt
2.
LOCATION OF PROJECT SITE: 2 Water Street, adjacent to Banks Channel and Greenville Sound,
in Wrightsville Beach, New Hanover County.
Photo Index - 2000: 24-306, N-12 1998:11-215, L-8 1995: 24-287, R-16-17
State Plane Coordinates - X: 2364043 Y: 169229
INVESTIGATION TYPE: CAMA
3
4
ROVER FILE # - P-071518A
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7-15-04
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 9-22-04
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wrightsville Beach
Land Classification From LUP - Conservation (Open Water Area), Developed (Highground)
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned - N/A
(F) Type of Structures: Existing - Two story single family home, bulkhead and a private pier
Planned - Pier extension (6'x 25'), (1) floating docks (6'x 40'),
(3) mooring pilings.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nP Pn(;FTI FTT T ,FD OTT4FR
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(Open water)
incorporated
393 s .ft.

(C) Other
-]
E=-]
L-
(D) Total Area Disturbed: 393 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SB# Open: No
8. PROJECT SUMMARY: The applicant proposes to extend a private fixed pier and floating dock from
an existing private pier into Banks Channel. The applicant also proposes to install three (3) mooring
pilings.
Arnolt
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 42 Water Street, adjacent to Banks Channel, between the Atlantic Ocean
and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover
County. To locate the property travel east from Military Cut-Off Road (N.C. Highway 17)
approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on
Causeway Drive (N.C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks
Channel. Take the immediate right onto Waynick Blvd. (N.C. Highway 76) and travel south
approximately 1 mile until you come to South Lumina Ave. Take the immediate right onto South
Lumina and travel approximately 0.2 miles and take the second right onto Wright Street, which will
terminate onto Water Street. Turn right onto Water Street and the property of interest will be located on
the left. The lot is approximately 0.10 acres with 54' of shoreline frontage, which averages
approximately 6 feet above mean sea level. The applicant maintains a two-story private single family
duplex on pilings. Highground vegetation consists of lawn grasses and ornamental landscaping.
Waterward of the residence is an existing 16 feet wide by 33 feet long wooden deck area. The shoreline
is stabilized by an existing wooden bulkhead; waterward of the bulkhead is a strip of sand, which is
approximately 25 feet wide. Connected to the shoreline towards Banks Channel is an existing private
pier 6 feet in width by 88 feet in length. The pier terminates in a "L head" platform measuringl6 feet in
width by 20 feet in length. Waterward of the platform is an access ramp that leads to an 8 feet wide by
16 feet long floating dock, which runs perpendicular to Banks Channel.
The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent
high ground portion of the project area as Developed. The waters of Banks Channel, which are included
in the Wrightsville Recreational Area, are classified SB9 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
CLOSED to the harvest of shellfish
PROPOSED PROJECT:
The applicant proposes to extend the existing fixed pier 6 feet wide by 25 feet long and a floating dock 6
feet wide by 40 long from an existing "L head" platform towards Banks Channel. An access ramp would
lead from the proposed fixed pier to the floating dock measuring 6 feet wide by 40 feet long. The
floating dock would run in the same alignment as the existing and proposed fixed pier. Three mooring
pilings would be installed on the southern side of the floating dock. The mooring pilings would be
spaced approximately 13 feet wide by 20 feet long and would accommodate two vessels. The proposed
structures would provide docking space for up to four vessels.
Arnolt .
Page 3
10. ANTICIPATED IMPACTS
The proposed pier system construction would incorporate 393 sq. ft. of Estuarine Waters and Pubic Trust
Area. Minor increases in turbidity should be expected during construction. The proposed pier and
floating dock would extend approximately 175 feet into a waterbody which measures approximately 800
feet across, which would conform with the 1/4 width rule and the established pier lengths. As proposed,
the applicant's proposal would not encroach into the Town of Wrightsville Beach Pierhead Line.
Submitted by: R.Mairs Date: 1/10/2005 Office: Wilmington
Form DCM-MP-1
APIPLE-1A
b. %,town, co or andmark
RU,J1t? tr- ?J
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name / 6N??CI d'-
c. Strw zddr or secondary road number
#"r k/nilam S?'
d. Is proposed work thin city limits or planning
jurisdiction? _ Yes No
Address 33332! Mtrrz i 'o S S'u ? 3aq
e. Name of body of w er neareIrF project e.g. river,
State creek, sound, bay) NSC *PAL'f
tY '
Zip Day Phone 91b - a51-3 Oig &60r)
Fax l9o-Z, 3 bU- 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorrize?d Agent.
Named r iU? r List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
P?, gG? excavation aAd/or fill' activities. /
Adoress 0 - a?? 2_
City l)'U'hlfwell? . State a12? n s » o h y)
? , SCE Ps.
zip 2 ` f??> Day phone g1b'J5k3 91
FaxTD-39'3 D?l .
c. Project name (if any)
N07E Peruse u0 be issu in name of kndmw-r(i), a%Vbr
project name.
2. LOCATION OF PROPOSED
PROJECT
. a. County ho b VoZ.
b. Is the proposed activity maintenance of an existing
project, new work, or both? N8W WORK
c. Will the project be for public, private or commercial
use? n R t UATC
d. Give a brief description of purpose, =6 methods of
couusut ction and daily oprrcdons of proposed
project. If more spacp_ is needed, _please attach
064
N'CRIVE
s:P 2 2 2004
?ffa?A?EMEN.
u
Wld
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Form DCM-MP-1 Cj -EIV "E
D
qg 2 2 ?OOI ;
p 1V i S90PA Sbe exis?in wastewater treatment facilities.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tractt ?G ??? T )
e6l
b. Size of individual lot(s) t
xsy,
c. Approximate elevation of tract above MHW or
NWL -t.S 9f MS?-
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, 'wash
down' and rmidential discharges.)
SiFil-tg K k 4 a t'Y-
d. Soil type(s) and texture(s) of tract
S?J?f I; al?-
e. Vegetation on tract
?
f. Man-made features now on ?t ;act S 7b I
g. What is the CAMA Land Use Plan land
classification of the site? (c4na the local land =t pi=)
Co=ervation Tr=itioml
Developed Community
Rural Other
h. How is the tract zoned by local government?
2C-51?Can7tA?L
i. Is the propos project consistent with the applicable
zoning? Yes No
(4=Ch zpRing Wrr?iioia arnifuuu, t(gTU=blc)
J. Has a professional archaeological ass sment been
done for the tract? Yes No
If yes, by whom?
k. Is the project located in a National Registered
Historic District o does it involve a National
Register listed or igible property?
Yes No
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(A=ch dcamm=d r+, ijamilabla)
o. Describe exisiin drinking water supply source.
c1- N L
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 12' by II' 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 lager plans are acceptable only if an
equate 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
.,..__.a niror
IB S-ElyF
Form DCM MP-1 D
SEp 2 2 2004
•i
site. Include highway or secondary road (SR) DIV
numbers, landmarks, and the lire. COASTAL6111 _TFION AND PERMISSION
TO ENTER ON LAND
° A Stormwater Certification, if one is necessary.
° A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained to the permit.
by certified mail. Such landowners must be advised I certify that to, the best of my knowledge, the proposed
that they have 30 days in which to submit comments qty complies with the State of North Carolina's
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name n ??? S11?fJ I certify that I am authorized to grant, and do in fact,
Address yo U&API, 6144 1 1 lrmlO h? 264)3 grant Perm- ion to representatives of state and federal
Phone 91 b - X42-17-' review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address 5.11S nyr?mh)m L&AI,14' j /miy%e _m N/ 26YIproject.
Phone I
Name
Address
PI,uuc
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
° 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 halm d notice for projects in
oceanfront and inlet areas.
° A statement of compliance with the N.C.
Environmental PoIiicy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting 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.
This is the s day of _70 ?
Print Name &1 I- zylu A)404e-A 1
Signature ?f
Y70-
Z=do*9wr r AudariW Agar
Please indicate =cbmc= pertaining to your proposed
Pmjc-
DCM W-2 Excavation and Full Information
DCM MP-3
DCM MP-4 Upland Development
Structures Information
DCM MP -5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each anadunew to du
spare provided at the bottom of each form.
Revised 03M
Form DCM-NIP-4
?1CI18N(C7I'NI?En" 1
(Construction within kublic 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 2private
(2) Number
(3) Length S' L=Y?'yulu?n ra L'1 116 R
(4) Width
(5) Finger Piers Yes V No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes V No
(i) Number
(ii) Length
(iii) Width
(Ll
(7) Number of slips proposed -Mi tt
(8) Proximity of structure to adjacent riparian
property lines I-Nv5dwrW , a f a Nay ?u
(9) Width of water body 'f- 8vo'
(10) Water depth at waterward end of pier at
MLW or NWL -10' MLO
b. Boathouse (including covered lifts) Y14
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) f
(1) Number
(2) Length(s)
ECEIVE
Q
SEP 2 2 2004
DIVISION OF
COASTAL M N GEMENT
e. Mooring buoys )q
(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 gzOR mooring piling , etc.)
(1) _ Commercial -Community Private
(2) Number rnowunL hj',1 L * o FF d F
(3) Length/and Qv,
(4) Width
g. Other Give cotTlete desc"' don)
?X a '/d /4--1 A 10 a e?.a?r =
-4 7'D vif /L y 'l dA;r a Ps,
'k-dr? ww iq&n ?
P A R t r Projed Name
signature
Date
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length Nl)?
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy.
Revised 03/95
f ?- Ylffkrie, G'vrt?aotanp t o, ?0-1
P0. Box 868 CJI
Wdghtsv'ille Beach, NC 28480 t-? liN?
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Complete Marine Construction Service
For Over 27 Years
CAPT. ED FLYNN DURWOOD SYKES
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Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: [phone]
Wrightsville Beach, N.C. 28480 email: [e-mail]
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