20051599 Ver 1_Complete File_20050819

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STATE'OFNORTHCAR9L1NA .'
Department of Environmeritand Natural Resources
Coastal Reso':;: Co~ssion ~~@rnlUW~ ~

t).ermtt . MAR 3 0 2006

for dsR~:l~~i~
~ Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

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"Issued to WrighfSmith db3JWD-42, LLC, 6800 Wiights'ville'Av'enue Suite 10, Wilmington, NC 28403"

Permit Class '
MODIFICATION/MINOR

, ;

Authorizing development in
Drive. Wilmington

New Hanover County at adi. Myrtle Grove Sound, 272 Shalmon
, as requested in the permittee's letter dated 2/7/06, including the

attached workolan drawing (1), dated 3/21/05.
!
This'permit, issued on March 2R, 200li , 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.

Upland Development

1) Unless altered herein, this modification authorizes only the land disturbing activities associated with'
the demolition of an existing three car garage and the development of a new 50 ft. x 32 ft. single
family residence, all as expressly and specifically set forth in the attached letter and workplan .
drawing. Any additional land disturbing activities and/or construction shall require a modification of
this permit.

Note:

This modification does not alleviate the permittee from the requirement that all aspects of this
project comply with New Hanover County Zoning requirements. Should New Hanover
County determine that this modification does not comply with local zoning requirements, this
modification shall become null and void. .

~

(See attached sheet 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.

Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

,
I
Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

7c--/ vt;~

/ L Charles S. Jones, Director
r Division of Coastal Management

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

This permit and its conditions are hereby accepted.

December 31, 2008

In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.

Signature of Permittee

, .
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'Vright Smith dbafWD-42, LLC

Permit #162-05
Page 2 of2

NOTE:

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ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

A revised 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

Appropriate s~dimentat~on. and er~siqn control, devi~~ll1easuie,sorstructures' sh~l b~in1pl~mente.d. to :J
. ensure that eroded lllatenais dO'n6~ enter adjaccni\vetlands,.watercoUrsesand property(e~'g:'siltJence,>':;"
diversion swales or berms, etc.) . . ,"

Stormwater Management

The N.C. Division of \Vater Quality approved this modification under the stormwater management rules
of the Environmental Management Commission by way of Stormwater Permit No. SW8050616
Modification on 3/21/06. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.

General

This modification shall be attached to the original of Permit No. 162-05, which was issued on 10/26/06,
and copies of all documents, including any subsequent refinements, shall be readily available on site
when Division personnel inspect the project for compliance.

All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.

I
~

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projects

1 of 1

Subject: projects
From: Joanne Steenhuis <[e-mail]>
Date: Mon, 26 Sep 2005 10:24:09 -0400
To: Ian McMillan <[e-mail]>, Doug Huggett <[e-mail]>, Robb
Mairs <[e-mail]>, Ryan Davenport <[e-mail]>, Henry Wicker
<Henry.M. [e-mail]>

The following projects have been issued a 401 Cert on 9/26/05:

Raymond Pysher DWQ # 05 1556 Carteret County
Inlet point Harbor DWQ # 05 1610 New Hanover County

The following project does not require a 401
Shannon pointe DWQ# 051599 New Hanover County

9/28/2005 2:33 PM

~~ 20051599

NCDENR

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary

August 16, 2005

~~@~nw~~

AUG 1 9 ZOOS

TO:

Cyndi Karoly
Supervisor 401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection

DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH

MEMORANDUM:

FROM:

Doug Huggett, Major Permits Coordinator

SUBJECT:

CAMA & Dredge and Fill Permit Application Review

Applicant:

Wright Smith dba WD-42, LLC, Shannon Pointe

Project Location:

272 Shannon Drive, adjacent to the AIWW, in Myrtle Grove Sound, New Hanover
County.

Proposed Project:

The Applicant proposes to recombine property to create a small subdivision with
construction of three (3) condominium units, elevated platform (pergola) and to
convert an existing pier facility into a 6 vessel community dock.

Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 9, 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.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: Wright Smith (Shannon Pointe)

2. LOCATION OF PROJECT SITE: 272 Shannon Dr., adjacent to the AIWW, in Myrtle Grove Sound, in New
Hanover County.
Photo Index - 2000: 21-263: P-R, 16 1989: 4-178-21: G-I,16 1978: 16-262 : K- M, 11
State Plane Coordinates - X: 2342132 Y: 137500 GPS - 0-081113A

3. INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/11/05
Was Applicant Present - Yes (agent)

5. PROCESSING PROCEDURE: Application Received - 8/3/05
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover Co.
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: OR, EW, ES,PT
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - None
(F) Type of Structures: Existing - Residence with detached garage, private pier, floater and boatlift
Planned - Additional boatlifts, platform, finger piers, boatlifts, pergola and three
(3) condominiums
(G) Estimated Annual Rate of Erosion: NIA
Source - N/A

7.; HABITAT DESCRIPTION:

---.-- ~.._._- ---
---
(A) Vegetated Wetlands (Shaded)
(B) Non-Vegetated Wetlands (Open water) 1,538 sq. ft.
(Incorporated)
(C) Other (Highground) 12,451.7 sq. ft.

[AREA]
DREDGED FILLED

OTHER

(D) Total Area Disturbed: 13,990 sq. ft. (.32 aeres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes

8. PROJECT SUMMARY: The applicant proposes to recombine property to create a small subdivision with
construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility
into a 6 vessel community dock.

Smith
Page 2

9. PROJECT DESCRIPTION:

The project site is located at 172 Shannon Dr., adjacent to the AIWW/Masonboro Sound, in New Hanover County. To
locate the property traveling south from US HWY 421, turn left onto Piner Road and continue for approximately 1
mile until you come to Myrtle Grove Road. Turn right on Myrtle Grove Road and continue heading south
approximately 1.5 miles. Turn left onto Shannon Dr. and head east approximately 1.3 miles until the road dead ends.
The property of interest will be on the right. There is a hard surface road located on the northern boundary of the
property and an existing unimproved private road along the southern boundary. The 1.14 acre (approximately 49,767
sq. ft.) lot averages 6 feet above mean sea level and the linear dimension of the shoreline is approximately 115 feet. At
present there is an existing residence with pier loeated on the property and also a detached 3-car garage. The applicant
has recently relocated a two story dwelling off of the property to an adjacent property through a CAMA Minor
Development Permit with New Hanover County. The dimensions of the existing residence is approximately 81' x 40'
and the detached garage is approximately 30' x 40' (1297.8 sq.ft.). The existing fIxed pier is approximately 150' in
length and has an approximately 20' x 20' platform at the terminus. There is a floating dock on the south side of the
platform and a boatlift on the north side of the fIxed pier. Two boat slips are provided by these two features. Upland
vegetation is primarily Oak Trees with lawn grasses and landscape shrubs. Waterward of the upland vegetation, the
property transitions into an area of high marsh, vegetated predominately with Spike Grass (Distichlis spicata) on the
south end of the property. Further waterward the marsh becomes intermixed with other high marsh species including
Sea Oxeye (Borrichia frutescens), Salt Meadow Grass (Spartina patens), Black Needle Rush (Juncus roemarianus),
Marsh Elder (lva frutescens) and Fragmites spp. The high marsh transitions into low marsh primarily consisting of
Smooth Cordgrass (Spartina alterniflora), in a band approximately 50 feet in width.

In the project area, the waters are classifIed as SA-ORW (Outstanding Resource Waters), by the NC Division of Water
Quality, and they are OPEN to the harvest of shellfIsh. These waters are designated as Primary Nursery Area (PNA),
by the NC Division of Marine Fisheries. New Hanover County also requires a 75' Conservation Overlay District
(COD) for this property.

PROPOSED PROJECT:

The applicant proposes to recombine the property into a small subdivision with construction of three (3) single family
elevated condominiums units, elevated platform (pergola) and to covert an existing pier facility into a 6 vessel
community dock into the AIWW IMasonboro Sound. The applicant proposes to construct three single family, single
story, elevated new condominiums: Building 3 (Unit A) and Buildings 1 and 2 (Units "c" and "B"). Unit "An would
be constructed on the existing footprint of the house that was recently relocated off the property, located approximately
250' landward of Normal High Water (NHW). Units "c" and "B" would be constructed between Unit "A" and the
75' Conservation Overlay setback on the eastern boundary of the property, approximately 100' landward of Normal
High Water (NHW). Unit "A" dimensions would be approximately 50' x 60' (3015.37 sq. ft.). Units "B" and "C"
dimensions would each be approximately 32' x 50' (1797.6 sq. ft.). The three proposed buildings would not exceed
the New Hanover Co~nty Zoning 35' height limitation. Associated parking for the three units would be provided
adjace'nt to each of the units. Unit "A" would have a parking pad dimension of approximately 20' x 45'
(900 sq. ft.). Units "B" and "C" would have parking pad dimensions of approximately 20' x 20' (400 sq. ft.) each.
Driveways to these proposed parking pads would accessed from Shannon Dr. on the north and from the existing
unimproved private road along the southern boundary. Additional parking would also be provided underneath the
proposed units. The applieant states that the existing 3-car garage would remain as is. The area to be disturbed for the
three units and the associated driveways and parking pads would be 12,451.7 sq. ft., according to the applicant's
stormwater plan through the N.C. Division of Water Quality. The total built upon area within 575' Coastal Shoreline
Outstanding Resource Water Area of Environmental Concern (AEC) would be 24.3 %.

Smith
Page 3

The applicant states that the proposed units would tie into the existing county's sewer disposal system. Water would be
provided by individual wells. A proposed elevated 20' x 20' pergola (uncovered deck) would be constructed
approximately 80' waterward of Units "B" and "C", which 10' x 20' (200 sq. ft.) of the structure would encroach into the
Coastal Shoreline 30' setback.

The applicant also proposes to convert the existing pier from a 2-slip water access facility to a 6-slip facility with boatlifts.
The existing 20' x 20' L-head platform and floating dock with access ramp would be removed from the pier facility. The
150' access pier would remain and access would be connected to each of 6 boatlifts by a series of an access pier and finger
piers. The proposed 5' x 60' access pier would be located on the south side of the existing access pier, approximately 24'
landward of the terminus end of the pier. The access pier would run parallel to the shoreline. Two (2) 3' x 24' finger piers
would extend in an eastern direction from the access pier, which would be constructed 26.5' apart. These finger piers
would accommodate five (5) boatlifts, two (2) between each finger pier and one (1) on the outside of the most southern
finger pier. The applicant states that the existing boatlift (13.5' x 13.5') on the northern end of fixed pier would remain in
place, creating a total of 6 boat slips for the proposed facility.

10. ANTICIPATED IMPACTS

The proposed condominiums with associated structures built upon area would be approximately 12,451.7 sq. ft. (.28 acres)
of high ground. Total impervious surface coverage within the 575' Estuarine Shoreline AEC would be 24.3 %. The
proposed dock would incorporate approximately 1,538 square feet of Estuarine Waters and Public Trust Area. The
applicant has received a State Stormwater Permit #SW8050616, from the Division of Water Quality for the proposed
upland development. Minor increases in turbidity should be expected during construction. The waterward end of these
structures would be slightly landward of the alignment of the existing platform. This proposed distance would conform to
the 114 width rule. As proposed, the applicant's proposal would not encroach into the 80 foot setback from the AlWW.

Submitted by: Robb Mairs Date: 8/15/05 Office: Wilmington

Form DCM-MP-l

APPLICATION'

(To be completed by all applicants)

c. ' Street address or secondary road number
_ ''2,. 'l2- c:::; ~ A ~ No t...,) "'D Q., ,,~

d. Is proposed work within city limits or planning
jurisdiction? Yes ~ No
Address "aOD w'f\'6HTSVI(L~ Av~ ~'rr-IO ..
c. Name of body of water nearest project (e.g. fiver,
C' u.) '(.oM I N6rur.-J S ,'\I c- creek, sound, bay) ~ \ v\J VI 0.0
Ity tate MV~:n..,c ~f}.C"~ SOu,u'l:>
Zip ~ Day Phone q Ie) ZSft:, - 2B~2.

Fax~(o 1.5~ "'c'S2.h

1. APPLICANT

a. Landoc:r: W ~ (GM-( 51'1\ ITli
Nam1 'IV 0 - 4 1., L LC

b. Authorized Agent:
Name C. 1<.0 ~(::-t'\..T ~fl'\Ou..O. \Jr-
.

Address 4 e J S C A-flaU~ ~lAlIf 12D

City uJ 1l..1Vl IN OTf)rJ State N C-

Zip LlfB (2 Day Phone ~ 10 ,qq -L/S~
~ q,O 5 W...7z...72-

c. Project name (if any) S"~tJtJOO Vo, kJre:-

NOTE:

PemSl will be iuMed iII_ oflDltdownnfl). tlIttlIor
projea Nmte.

2. LOCATION OF PROPOSED
PROJECT

a. County

AN () "f::--11-

:J' -.

--b""City, town, community or landm3.{~ - , ~ N. I
" W, L M I 'fV~7U~ ..~ v8h Vo'

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
~~N\olle ~NO J2.~p""Ac:.~ 'EJ<\~nl\.J(o
c;a..tS.l~~c:.E - ~oo ,we Ncv..J
~~It>~C.S CaJ.J"fe~ Plf;/L 7b
,.. " ~A-T (.. 'f-r FAc 1l...'T"l.!

b. Is the proposed activity maintenance of an existing
project, new work, or both? ES co-n-f

c. Will ~e project be for public, private or commereial
use? -PP-lU~~
J'~~~;,~ '
, "'~~~~)~Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. .
. 5 Q,e l'D'lQ.'(' 'f\o.'f'f~~

Ke'rised 03195

JUL 2 0 2005
DIVISION OF
COASTAL MANAGEMENT

.1 . I'~ i) ':- .- n '
-1.J ~ 1.1 }~~ LJU5

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
'~::I.:t, Are there wetlands on the site? ~ Yes _ No Engineers regarding that agency's use of larger
'Coastal (marsh) f. Other drawings.) A site or location map is a pan of plat
If yes, has a delineation been conducted? "0 requirements and it must be sufficiently detailed to

- - ((-....) 0 JE C E tV ~ ersoonel_ ~iliarWI~ tbe~.. Ultbe
R JUL 2 0 2005

Form DCM-MP-l

4. LAND AND WATER
CHARACTERISTICS

a. Size of entire tract t . I 4- a.c..r-~.$
b. Size of individuallot~ \,' L\ ac reo>

c. Approximate elevation of tract above MHW or
NWL (,,'::.

d. Soil type(s) and texture{s) of tract
~ 'f'rN 'Di l,..C Pr rv\

e. Vegetation on tract V. p,. w '" 0 \J i: C2-
tHt.ol-tG~ollc-Jo - C~~"OIr~ U)€TUt NC>J'
~\..ON(~ S~\cOlll!-\""'Na
f. Man-made features now on tract ,\t7J.
... '> , PQ..C. u-e1> ~

.:J ..::~~...,.. .
. g.;~Wha~ IS. the CA~ Land Use Plan land
. ~class1ficauon of the site? (Consub I1ae IocallaNluse plan.)

~ Conservation
_ Developed
_ Rural

_ Transitional
_ Community
_ Other

h. How is the tract zoned by local government?
~ - \5

i. Is the proposed project consistent with the applicable
zoning? ~ Yes _No
(Auada zoning cornplimlce cntifialle. if applicabk)

j. Has a professional archaeological assessment been
done for the tract? _ Yes --L No
If yes, by whom? '(\ I-:a-
f

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
_ Yes --2L No

Revised 03/95

m. Describe existing wastewater treatment facilities.
C IOU ...l'n1_ s a. VJ e ~

D.. Describe location and type of discharges to waters
.. of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent. .wash
down- and r~idential discharges.) f\ fa-

o. Describe existing drinking water supply source.
,tJ &. l,...c-

5. ADDITIONAL INFORMATION

In addition to the completed application form, the
following items must be submitted:

· A aJpy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is DOt
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 OWDer to carry out the project.

· An accurate, elated work plat (mcluding plan view
and cross-sectional drawings) drawD to scale in black
ink on an 8 1/r by 11. white paper. (Refer to
Coastal Resources Cl'mmission Rule 7J .0203 for a
detailed description.)

:..J

'. ''':::;~

DIVISION OF
COASTAL MANAGEMENT

Form DCM-MP-l

",^o ct \ 1 \ ~ J

~ t - 8/1 (LOC.)

if ~ ]. ~-~\ Describe existing ,wastewater treatment facilities.
&r,,\"'~
; v'

AUG 0 3 2005

DIVISION OF .. .
('OA~TAI ~4Ar--IAGEME~nDescrlbe locatIon and type of dIscharges to waters
'. of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent. .wash
downR and r~ide~tial discharges.)
L\.-......~

4. LAND AND WATER
CHARACTERISTICS

a. Size of entire tract

b. Size of individual lot(8)

c. Approximate elevation of tract above MHW or
NWL

d. Soil type(s) and texture(s) of tract

,

0~

Vegetation on tract

.I

~ f. Man.made features now on tract

g. What is the CAMA Land Use Plan land
classification of the site? (ConnJI the local land we plon.)

~
~
V1

i
_ Conservation
_ Developed
_ Rural

_ Transitional
_ Community
_ Other

h. How is the tract zoned by local government?

i. Is the proposed project consistent with the applicable
zoning? _ Yes _ No
(Anach zoning co"f'limlct ctrtijiC4le, if appUCDbk)
I
I

j. Has a professional archaeological assessment been
done for the tract? _ Yes _ 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 _No

1. Are there wetlands on the site? Yes -;... No
Coastal (marsh) ,/6 Other - -
If yes, bas a delineation been conducted? ~
:(Anadt diJCJIIfferIlQlior, if avaiJobk) sur ve.i'& c..~IOj5

I

o. Describe existing drinking water supply source.
M lA' ,,^-~
U

S. ADDITIONAL INFORMATION

In addition to the completed application form, the
following items must be submitted:

· A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is DOt
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 (mcluding plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 lIr by 11. wbite paper. (Refer to
Coastal Resources Cl'mmission 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 Dumber 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 ilnramiliar witfitbe area to the
" -- , "._'( '.j.1 :\iG

.J: iC i) :: ,.
.,; " of ~OO~

Fonn DCM-MP-l

site. Include highway or secondary road (SR)
numbers, landmarks, and the like.

. A Stonnwater Certification, if one is necessary.

6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained i"l the permit.

. A list of the names and complete addresses or 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 I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved ~astal Manag~ent Pf?gram and will be
further certifies that such notiee has been provided. conducted m a manner COnsistent With such program.

Name ~ rl /rno.~ t..i.~ G- HA t2.11-.s I tl I cenify that I am authorized to grant, and do in fact,
Address Z 7"3 S ha."V\cSTt1 Ot. UJI(.lwu~nd III lS-iDi'grant permission to representatives of state and federal .
Phone c:=t , o. 7 ~ ( ~ ~ 3 ~4 . review agencies to enter OD the aforementioned lands in
connection with evaluating information related to this
Name ~ 0 T \o4c)MA-S "R S M ,~ permit application and follow-up monitoring of the
Address ,C:> Grll,.mAroN Dr. 'BtltJ~~ V'f..(1 NYI010Bproject.
Phone q , 4 q" I ell "'4 '

· A list of previous state or federal permits issued for
work on the project tract. Inelude permit numbers, Print Name WI'tII~1 S/1I17~
permittee, and issuing dates. Signature ~/?7 P:;/
~~ ~
C~H\ Ii \"rI \ VI b ~ 0 ~ - 03 'i '. re.v<'!J- .If(y- :. ~ , ~~-z.:.~--)c. /3" /2 ~,,-

. A check for $250 made payable to the Department of'~,... PI~e indicate attact!ments perta1nUlg to your proposed
Environment, Health, and Natural Resources....P{OJect.
(DEHNR) to cover the costs of processing the
application.

Name
Address
Phone

· A signed AEC hazard notice for projects in
oCeanfront and inlet areas.

i
· A statanent oC 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 publ ic lands, attach a statement
documenting complian~ with the North Carolina
~nvironmental Policy Act.

I
ReTised 03/95

I further certify that the information provided in this
application is truthful to the best of my knowledge.

.,J
This is the -z .... day of 'Ji/;wI'd ,:t9o ~.

_ DCM MP-2 Excavation and Fllllnformation
~ DCM MP-3 Upland Development
.J!!!5:: DCM MP-4 Structures Information
_ DCM MP-S Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign and dale tach attachmeru In the
space provided at the bottom of each form.

R EJ~~~~ED
DIVISION OF
COASTAL MANAGEMENT

- _I.

") -
- : I)

. ", "" ~
',.i....
"" "-'I.,

Form DCM-MP-l

o ECEIVE~

site. Include highway or s '!IY ~cmJ (1:~2005 ; .
numbers, landmarks, and lbe ml, 6 . ERTIFlCATION AND PERMISSION
DIVISION OF .TO ENTER ON LAND
. A$tormwater Certification, ifaDcQ~~ANAGEMEf\rl-

. A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
. by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.

Name ~ O'f"\~
-
Address
Phone

Name
Address
Phone

~ Cl"'~

Name
Address
Phone

· A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

· 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 Ad (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 understand that any permit issued in response to this
app~ication will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained i'l the permit.

. .
I certify that to the best of my knowledge, the proposed
activity complies with the State of Nonh Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.

I cenify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal .
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.

I further certify that the infonnation provided in this
application is truthful to the best of my knowledge.

"20 oS;-
This is the I day of J+lJoV~T ,-a_.

Print Name C-" R. Q \x:~x 'r 5+'<" () lA (\ ,]r

Signature (' --- ~/7St=-J) n
lANlowner or blhorized Agent ~

Please indfcate ~tt:achments pertaining to your proposed
project.

_ DCM MP-2 Excavation and Fill Information
~ DCM MP-3 Upland Development \ .\ 0 (!
..6.. DCM MP-4 Structures Information t\\Cl:7\..~ 8" I <.C
_ DCM MP-S Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign and dole em:h tlltachmem in the
space provided at the bottom of each form.

-.--"
- .....,.

::;:: .^! -
J'I '.' ,.,'"'L1h

Form DCM-MP-3

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up.. LAND '1'- (\ ;:, Ino~
_ )~; \..~ \; ~J' ~u J

DEVELOPMENT

(Construction and/or land disturbing activities)

.' Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-L . Be sure to complete all
other sectiQ~ of the Joint Application that relate.to this
propose<! Pf9ject.

a. Type and number of buildings, facilities, units or
structures proposed "3 c. 0 V\ c\ 0 ~ \ '^ \\1 ""'.s.
-flu ~ e,c 'S+''''~l'd 9Z1'(o.ee.
I
b. Number of lots or parcels \.

.~:;~~Density (give the number of residential units and the
':dunits per acre) ~ / ACP-c. 't
.

REJ~~~~ED
O"VISION OF
COASTAL MANAGEMENT

h. Projects that require a CAMA Major Development
Permit may also require a Storm water Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
)(.. Yes No ~ _
If yes, date submitted :r u.w \~ 7 ~ ~ ~ L.
I ~sued ~u l V I-a. ,2:'c S-
i. Describe proposed method of sewage disposal.
C.Ou ~ S~uJ <;'11:-

j. Have the facilities described in Item i. above
received state or local approval? ,Ie. S
(Anach appropriare doCU11leTlJalion) f

d. Size of area to be graded, filled
including roads, ditches, etc.

Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
.wash ~~ and residential discharges).

e. If the proposed project will disturb more than one
acre of land, the Division of Land Resourees must
reeeive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan b~@bmitted to the Division of Land
Resources? Yes - No ..
If yes, date submitted _

f. List the materials (sueh as marl, paver stone,
asphalt, or concr~e) to be used for paved surfaces.
e>- s ~~v't - C.Olt'\t..V"~;t~ e-fe.

g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. ~4. "3,Vo

Revised 03/95

L Describe proposed drinking water supply souree
(e.g. well, community, public system, etc.)
W~U.S

m. Will water be impounded? _ Yes ~ No
If yes, how many acres?

n. If the project is a oceanfront developmen when
was the lot(s) planed and recorded? V\
~"~N .....O~ P oqvrc-
ND...41 L.LC - WRlb*7 SM,""
App~~~...~. '~Name
~/~
S"lgDatK
J\lNk . D '2ee~
Date t
rvJ1;J ""-vl y 20, 2.-04 ~

Form DCM-MP-4

I

STRUCTURES

(Construction within Public Trust Areas)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Ioint Application which relate to
this proposed project.

a. Dock(s) and/or Pier(s)
(1) _ Commercial_Community -L Private
(2) Number I
(3) Length \ 50 t I
(4) Width fo I
(5) Finger Piers ~ Yes No
(i) Number 2-
(ii) Length "'2.4 '
(iii) Width 3 /
(6) Platform(s) ~ Yes _ No
(i) Number ,
(ii) Length 00 I 1:
i (iii) Width 5 I
(7) Number of slips proposed ~
(8) Proximity of structure to adjacent riparian
property lines N ':-> \ 5" : S L I 5 /
(9) Width of water body ..,:;~~ c'C'j"",-;.J
(10) Water depth at waterward end of pier at
I MLW or NWL ~ Of \~",^-oJ

b. Boathouse (including covered lifts) (\!'}{
(1) Y\/ Commercial Private
(2) Length
(3) Width

c. Groin (e.g. wood, sheetpile, etc.) 'fit! 7..
(1) Number
(2) Length(s)
i
d. Breakwater (e.g. wood, sheetpile, etc.) 1'\ (2-
(1) Length
(2) Average distanee from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands

fv'\ODIF-IE:.P MP-4
a~;(?) l1);(:Y;~);(e)

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e. Mooring buoys V\ ( z....
(I) _ 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, ete.)
(1) _ Commercial_Community 1<., Private
(2) Number "
(3) Length 14. 0 '
(4) Width \ 3 . 5 '

g. Other (Give complete de:scriptiOlt)

WD-42 u..c.
~.t{~tJrNol\J P01NTt ~VVR.16 tJf \~ I TH

AP6r::Qj~~U-
SlgDature
~U6\JYf I, 'Loa ~
.
Date

REA~~~:ED
DIVISION OF
COASTAL MANAGEMENT

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PIER AND DOCK SECTION

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SCALE I N FEET

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NOTE:
ELEVATIONS AND SOUNDINGS ARE BASED ON LOW WATER = 0.0

PIER AND BOAT UFT PROJECT
FOR: WRIGHT SMITH
272 SHANNON DRIVE
WILMINGTON, N.C.
DRAWN BY. WM. H WARREN,JR.
JUNEyZ005 SHEET~OF:>
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PIER AND BOAT UFT PROJECT
FOR: WRIGHT SMITH
272 SHANNON DRIVE
WILMINGTON, N.C.
DRAWN BY. WM. H WARREN. JR.
JULY 2005 A SHEET.(. OF 5
MOO F~e:..p u~, c"U/!)$

;.j{.

PROP OF:
TOM SMITH
10 GRAMATAN, C,
BRONXVlLLE. I'L 'f,
10708

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ELEVA nONS AND DEPTHS
BASED ON LOW WATER = 0.0

20
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SCALE IN FEET

20
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.~
t:""''''~~V>X<X<<''>>}-:-'':';-':'':-:-..c-<<....:o{<<-vv:'':'-:--;''':'?oX<<~'
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O-T F= ( ~ Permit Number
DS - \ S'1 q 162-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission

~trmit

for
~ Major Development in an Area of Environl1meM~~rAANCH
pursuant to NCGS 113A-118 ~

~~@~O\Yl~ ~

NOV 1-_ 2005

_ Excavation and/or filling pursuant to NCGS 113-229

Issued to Wright Smith dba/WD-42, LLC, 6800 Wrightsville Avenue Suite 10, '''Bmington, NC 28403
I
Authorizing development in New Hanover County at adj. Mvrtle Grove Sound, 272 Shannon

Drive, Wilmington , as requested in the permittee's application datedS/1/05 (MP-I & MP-4) &

7120105 (MP-3), including the attached workplan drawings (5), 2 dated 8/2/05, 2 dated revised 8/1/05, and 1 dated 6130105

This permit, issued on Odoher 26, 200~ , is subject to compliance with the application (where consistent
withthe 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) All material resulting from the removal of the existing piers shall be placed in an approved upland
disposal site.

(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.

Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

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.

cP~v/;~

af- arles S. Jones, Director
Division of Coastal Management

All work must cease when the permit expires on

This permit and its conditions are hereby accepted.

December 31, 2008

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

;.' ..... ......... ';.~.N,.... .;. '.- . - .'<- - ;"':-;-.-.-.-'- NN.-'_'.';_".J';';';_'_._"<_'_;'~>; ...-.-;->><-.-".~....~~,.'.-;-'~-X-:~,,..,.'_;.,,,, .-.-.-.'^'. .-,' -X-....^~,y.....,.X'-:..,.~r,.,~"':-:.;..,;..:<< -xv<< :->M-'h,<<-:~"'J';'N"''''''''''^'''';''*;'''. '~'l

~ \Yright Smith dba/\VD-42, LLC Permit #162-05 J.' '\

: ADDITIONAL CONDITIONS Page 2 of 4 I .

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No sc\',:age, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the cntire 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.

The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.

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.

This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will 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.

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.

Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.

10)

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 to the north. Should the
adjacent property to the south be sold prior to the initiation of construction~ the~-permittee shall be
required to obtain a signed riparian corridor waiver from the new property owner prior to the placement
of any structures within the 15-foot riparian corridor.

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.

The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the
authorized facility may require that the permittee undertake remedial actions to remedy the situation.
Such actions may include, but are not limited to, the removal of any unauthorized slips or mitigative
measures to reduce or eliminate the cause(s) of the closure.

This permit authorizes a ma"Cimum of (6) six boat slips.

"

, ., '~-o!>X-"^"X.{~'7:--x--..V""";V'-':'';~'''''':'<>~-:''':'V-X~,..y~,;~:,.;.,:.~~.<'>}{..:..~.~.:- :....:-v-x>7X?X>{.*~~...:-{--:<..~";...:-.:--:-<<4>:..(~>>:-y.}9-'...:--:w.<-vvy..v.:-.:-.:.-:'-X">-X..,;.: -;....;~~?;.,:',g...:..:--;...:..:-.:'>-:J,-'NN,~:-~;- -'-;..'.,....;":-v.;..;.--}7.v<<-..:-....:-~-.y..;V:<~...~

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I

Wright Smith dbalWD.42, LLC

Pennit #162-05
Page 3 of 4

ADDITIONAL CONDITIONS

IIighground Deck

i

14) No more than 200 square feet of the permitted high ground deck shall be located within 30 feet of the
normal high water line (NHWL). Those portions of lhe deck that are located within 30 feet of the
NHWL shall be slatted, wooden, elevated and um-oofed.

15) No portion of the authorized 20' X 20' highground deck shall be constructed over any vegetated
wetlands.

Sedimentation and Erosion Control

NOTE:

An Erosion and Sedimentation Control Plan shall 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

16) 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.)

Upland Development

17) This permit authorizes only the land disturbing activities associated with the development of the (3)
three condominium units, all as expressly and specifically set forth in the attached permit application
and workplan drawings. Any additional land disturbing activities and/or construction shall require a
modification of this permit.

Stormwater Management

18) i The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8050616 on 7/13/05. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.

General

19) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.

20) 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.

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It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.

This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are 110t authorized within 30 feet of the normal high water level.

The permittee andior his contractor is urged to meet with a representative of the Division prior to
project initiation.

The N.C. Division of \Vater Quality has assigned the proposed project DWQ Project No.
051599.

The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200501142) which was issued on 8/25/05.