20051629 Ver 1_Complete File_20050825

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
DZV V
Action ID No. 200501148
October 11, 2005
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
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Reference the application of Gene Merritt for a Department of the Army permit to
construct a community dock with ten (10) boat slips and elevated wooden boardwalk to be
located on the east bank of the Cape Fear River, adjacent to the south side of Nun Street, in
downtown Wilmington, in New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety.
7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
8. No portion of the authorized docking facility may extend waterward of the U.S. Army
Corps of Engineers Harbor Line.
9. An as-built survey will be performed after the structure is completed and sent to the',
Wilmington Regulatory Field Office for verification that the structure does not extend waterward
of the U.S. Army Corps of Engineers Harbor Line.
10. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
11. Approval of the structure was based on determinations that there would be no
obstruction to navigation. The structure may be damaged by wave wash from passing vessels.
Issuance of this permit should not be construed, as relieving the permittee of taking proper steps
to insure the structure and moored boats will not be damaged by wave wash.
2
12. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
. 13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
14. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
15. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
16. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.
17. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
18. The Permittee will 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.
19. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species, has been reported in the waters in New Hanover County. In order to protect
the West Indian manatee all work should be done during the period from November 1 to May 31.
If work must be done during the period from June through October the enclosed guidelines,
entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina" must be followed.
Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field
Office, Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Ms. Cyndi Karoly Commanding Officer
Division of Water Quality U.S. Coast Guard Marine Safety Office
North Carolina Department of Environment 721 Medical Center Drive, Suite 100
and Natural Resources Wilmington, North Carolina 28401-4895
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Driven Extension
Wilmington, North Carolina 28405
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United States Department of the Interior
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FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 3, 2005
Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
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O C T 1 7 2005
E. -'MATER QUALITY
agE[1,ANCS r'.!:D STOMAWATER BFW;CH
Subject: Action ID # 200501148, Gene Merritt, Governor's Landing, New Hanover County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated September 1, 2005. The applicant, Gene Merritt, has applied for a
Department of the Army (DA) permit to construct a 10-slip community dock and elevated
wooden boardwalk. The proposed work is being considered under Regional General Permit
#198000291, a pennit/processing agreement for work that has been approved pursuant to the
North Carolina Coastal Area Management Act (CAMA). These comments are submitted in
accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16
U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of
compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR
320.4) in relation to the protection of fish and wildlife resources. Additional comments are
provided regarding the District Engineer's determination of project impacts pursuant to section 7
of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
Proposed Activities and Anticipated Impacts
The project area, proposed work, and anticipated impacts are given in the Field Investigation
Report (FIR) of the North Carolina Division of Coastal Management (NCDCM) dated August
22, 2005. The PN also includes the permit application to the NCDCM.
The project area is a nine-unit condominium development on the eastern bank of the Cape Fear
River in Wilmington. The FIR states that condominium building and the dock were permitted in
1999, but the dock was not constructed. The Cape Fear River at the project site is not designated
as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries.
The applicant proposes to construct a 10-slip community dock in the Cape Fear River. A
floating dock (140 feet long by 8 feet wide) would be constructed parallel to the shoreline. Two
mooring pilings would be installed north and south of the floating dock to complete the end boat
slips. Additional mooring pilings would be installed between the finger piers to create the ten

7
slips. Landward of a new bulkhead the applicant would build a wooden boardwalk (200 feet
long by 12 feet wide). The boardwalk would be subsequently dedicated to the City of
Wilmington. The boardwalk would be elevated over the shoreline described as "unvegetated" in
the FIR. The FIR states that the proposed work would incorporate 4,476 square feet (ft) of
estuarine waters and public trust area.
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species
known to occur in New Hanover County. We have also reviewed information from the North
Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the
special status species, both federal and state. This database can be accessed by topographic
quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the
most project-specific information on species which should be considered in permitting this
project. The project area is located in the Wilmington quad. The occurrence data of special
status species within this quad can be obtained on the internet at <
http://www.ncsparks.net/nhp/quad.litmi >.
Our review indicates that the only federally listed species likely to occur in the project area is the
West Indian manatee (Trichechus manattts), a federally-endangered mammal. There is a current
record for this species in the Wilmington quad and the NCNHP database shows a recorded
occurrence in the Cape Fear River south of the project area. The estuarine waters of the project
area may provide suitable habitat for manatees that move along the Atlantic Coast and into
coastal rivers during summer months and are seasonal transients in North Carolina, primarily
from June through October. Manatees feed in water one to two meters (3.3 -6.6 feet) deep that
may support submerged aquatic vegetation. The species moves extensively when in North
Carolina waters and past occurrence records cannot be used to precisely determine the likelihood
that it will be presence at a particular construction site.
Existing water depths appear to be sufficient for manatee use. The jetting and/or driving of piles
for the dock may pose a risk to manatees. To protect manatees in North Carolina, the Service
developed guidelines entitled "Precautions for General Construction in Areas Which May Be
Used by the West Indian Manatee in North Carolina." These guidelines address all types of in-
water construction, except blasting, and should produce little, if any, additional expense. The
guidelines are intended mainly to ensure that construction personnel are informed that manatees
may occur in the work area, that work should cease if a manatee approaches the work area, work
should not resume until the manatee leaves the work area, and procedures for reporting the death
or injury of a manatee. These guidelines are available on our web site at < http://nc-
es.fxvs.<,ov/mammal/manatee <!uidelines.pdf>. The risk to manatees could be reduced to an
acceptable level by the implementation of the Service's guidelines. The risk would be further
reduced by performing the work during the period of November through May.
With the inclusion of our manatee guidelines, the Service would concur with a determination by
the District Engineer that the action is not likely to adversely affect species designated as
threatened, endangered, or their designated critical habitat. The Corps' requirements pursuant to
section 7 of the ESA would be fulfilled. However, the Corps must reconsider its obligations
under section 7 if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner which was not considered in this review; or, (3) a new
species is listed or critical habitat determined that may be affected by the identified action.
Service Concerns and Recommendations
Considering the limited impact to riverine habitats and the absence of impacts to wetlands and
submerged aquatic vegetation, the Service does not oppose the issuance of a DA permit for the
work described in the FIR and permit application. We do recommend that prudent measures to
protect manatees be utilized during the work. We appreciate the opportunity to comment on this
permit application. If you have questions regarding these comments or wish to discuss the
development of the coordinated federal position, please contact Howard Hall at 919-856-4520,
ext. 27 or by e-mail at < [e-mail] >. Please provide this office with a copy of the
coordinated federal position, if one is developed.
Si
Peter 13 amin
Ecological Services Supervisor
cc:
Ron Sechler, NOAA Fisheries, Beaufort, NC
Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
401 Certs
Subject: 401 Certs
From: Joanne Steenhuis <[e-mail]>
Date: Fri, 23 Sep 2005 09:52:08 -0400
To: Doug Huggett <[e-mail]>, Ian McMillan <[e-mail]>, Henry
Wicker <[e-mail]>, Mark Hardeman
<[e-mail]>, Robb Mairs <[e-mail]>, Jon Giles
<[e-mail]>, Ed Beck <[e-mail]>
The following CAMA Applications do Not require a 401 Certification:
Connie Lynn Ford (DWQ # 05 1630) Carteret 146 Hoop Hole Creek Dr
Governor's Landing (DWQ # 05 -1629) New Hanover End of Nun St
Daniel Deacon Development Co (DWQ # 05 1710) onslow
1 of 1 9/23/2005 9:58 AM
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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 23, 2005 CEIVED 0
AUG 2 3 2005
MEMORANDUM: ?OV
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TO: Cyndi aroly e, oFY4. ?405
Supervisor 401 Oversight and Express Permits Unit s aWUgt/TY
Division of Water Quality-Surface Water Protection 4?UZWcN
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA & Dredge and Fill Permit Application Review
Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing
Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington,
New Hanover County.
Proposed Project: The Applicant proposes to construct a community dock with ten (10) boat slips and
elevated wooden boardwalk.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 15, 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 110% Post Consumer Paper
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Gene Merritt (Governor's Landing)
2. LOCATION OF PROJECT SITE: East bank of the Cape Fear River, south of Nun St., in downtown Wilmington -New
Hanover County .
Photo Index - 2000: 204-211 N, 17-18 1989: 179-37:S,T-12,13 1944: 15-187:J-13
State Plane Coordinates - X: 2317514 Y: 176287
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/22/05
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 8/16/05
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington-New Hanover
Land Classification From LUP - Developed and Conservation (AFC's)
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - City of Wilmington
(F) Type of Structures: Existing - Nine unit condominiums, driveway and bulkhead
Planned- 10-slip community docking facility and elevated boardwalk
(G) Estimated Annual Rate of Erosion: n/a Source - n/a
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
Office - Wilmington
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 4,476 sq. ft.
(open water)
(C) Other
(high ground disturbance)
(D)Total Area Disturbed: 4,476 sq. ft.
(E)Primary Nursery Area: yes
(F)Water Classification: SC Open: no shellfish resources
8. PROJECT SUMMARY: The applicant is proposing to construct a community dock with ten (10) boat slips and elevated
wooden boardwalk.
Gene Merritt (Governor's Landing)
Page 2
9. PROJECT DESCRIPTION:
The project is located on the east bank of the Cape Fear River, adjacent to the south side of Nun Street, in downtown
Wilmington, in New Hanover County. The property is a .85 acre tract, with approximately 220 feet of river frontage and
measuring approximately 175 feet in depth. The property has an average elevation of +20 feet above mean sea level.
A nine unit condominium building with associated gravel driveway and parking are currently under construction at the project
site. A new 185 linear foot bulkhead and an approximately 80 linear foot brick wall stabilize the shoreline of the property. The
new bulkhead terminates about 80 feet from the southern property line, at a sandy estuarine beach area. Highground vegetation
consists of ornamental vegetation and several mature hardwood trees. Waterward of the bulkhead are patches of mixed
coastal/404 type wetland vegetation, including: Carex spp., Giant Cordgrass (Spartina cynocoroides), and Smooth Cordgrass
(Spartina alterniora). The Cape Fear River is approximately 1000 feet wide at the project site.
CAMA Major Permit No. 98-99 was originally issued on 10/13/99 for a nine unit condominium building, a ten slip community
dock and elevated boardwalk. The permit was amended on 10/21/99 for additional shoreline stabilization. Construction of the
185 linear foot wooden bulkhead was completed, however, the construction of the condominium building and elevated
boardwalk was initiated, but not completed. Construction of the community dock was never initiated. CAMA Major Permit No.
98-99 expired on 12/31/02.
Waters of the Cape Fear River are classified as SC, by the NC Division of Water-Quality. There are no shellfish resources in the
project area. At the project site, the Cape Fear River is designated as a Primary Nursery Area (PNA), by the NC Division of
Marine Fisheries. The highground portion of the project is classified as "Developed" by the Wilmington-New Hanover Land
Use Plan. The CAMA Areas of Environmental Concern and any area located in the 100-year flood plain are classified as
"Conservation".
PROPOSED PROJECT:
The applicant proposes to construct a ten-slip community docking facility and an elevated wooden boardwalk. The new
community dock would serve the existing nine-unit condominium complex on the property. Landward of the new
bulkhead, the applicant would construct and subsequently dedicate to the City, a wooden boardwalk, 12 feet wide by 200
feet long, which would be consistent with the City of Wilmington's 1984 Riverwalk Improvements Plan. The public
boardwalk would be elevated over the unvegetated shoreline. The applicant also proposes to construct a dock with a boat
slip for each of the existing nine units within the condominium building and one additional slip for owners guest use. A
24foot long by 4foot wide access ramp would be constructed from the new bulkhead to a 10 feet wide by 8 feet long ramp
landing. The landing would then terminate in a proposed floating dock, which would be located parallel to the shoreline.
The floating dock would be 140 feet long and 8 feet wide, with five perpendicular finger piers, each 30 feet long and 4 feet
wide, located 35 feet on center, on the waterward (west) side of the main dock. Two mooring pilings would be installed
north and south of the floating dock to complete the end boat slips. Additional mooring pilings would be installed between
each finger pier to create the proposed ten boat slips. The structure would be located landward of the harbor line of the
adjacent federal channel. The applicant is processing this major permit application for the 10-slip community dock due to
an oversight, which ultimately led to the expiration of the previous permit.
Gene Merritt "Governor's Landing"
Page 3
10. ANTICIPATED IMPACTS;
The proposed community pier would incorporate approximately 4,476 sq. ft. of estuarine waters and public trust area. River
bottom disturbance and temporary turbidity increases would be associated with the construction. The project would provide
boating access to the condominium owners, as well as, expand the City of Wilmington's Riverwalk project, by the dedication of
the public walkway.
Submitted by: Robb Mairs Date: 8/22/05 Office: Wilmington
Form DCM-MP-I Q?'ibP,cJ l/
Itrll?,/G ? 0i D
AT'311LICATiffrON a ?? X 6 200 ' Nc
(To be completed by all applicants)
1. APPLICANT
** a. Landowner: Gene Merritt
Name GMC Real Estate Inc.
Address P.O. Box 2226
City Wilmington State N.C.
28402-2226 910.343.8083
Zip Day Phone
Fax
b. Authorized Agent:
Ronald W. Sparks, PE
Name SparkG F.ngi nPPri nq, PT,T.C•
Address 206 North 13Th St.
Citv Wilmington
State N.C.
Zip 28401 -431 bay Phone [phone]
Fax [phone]
b. City, town, community or landmark
Wilmington, NC 28401
c. Street address or secondary road number
10 Nun Street
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Cape Fear River
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.
River walk
Mention. 10 boat slips.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public private or commercial
use? 'Private & Public (city)
c. Project name (if any) Governor's Landing
NOTE: Perrydr will be issued in name of landowner(s), and/or
project nano.
2. LOCATION OF PROPOSED
PROJECT
a. County New Hanover
d. 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. Residential units, Inter
parking, 1 boat slip per unit+
1 visitor slip(10-total). River
Walk extention to match City
River Walk. All structural:systems
are timber.
** Please see Permit # 98-99 Issued 10.21.99
Revised 03195
Form DCM-N P-1
RECEIVED
OC11 WILMINGTON, NC
r U G 1 0 2005
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract .853 Acres
b. Size of individual lot(s)
9 lots @ 75'x21'
c. Approximate elevation of tract above MHW or
NWL 1W A pr=
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract Palm Trees, Grass,
Box hedges
L Man-made features now on tract Project is
complete except for boat Slips
River walk.
g. What is the CAMA Land Use Plan land
classification of the site? (Consull the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
Historic District -Residential
i. Is Lhe proposed project consistent with the applicable
zoning? X Yes No
(Ar=ch zoning conTliance ceraificare, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
m. Describe existing wastewater treatment facilities
.NA- City Sewer
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.)
Surface Runoff
o. Describe existing drinking water supply source.
City ?water.:main _insta e
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
u A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
X Yes No p.D. Certificate
Issued on 10.8.1998
1. Are there wetlands on the site? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(A=-h doaanenrarion, if available)
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
Revised 03195
FRECEJV ED
DCM WILMINGTON, NC
Form DCM-M1P-1
AU G 1 6 2005
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
° A Stormwater Certification, if one is necessary.
° A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name **
Address
Phone
Name **
Address
Phone
Name **
Address
Phone
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CAMMA Permint 98-99
issued 10.21.99
° A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
° A signed AEC hazard notice for projects in
oceanfront and inlet areas.
° A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
** See Attached Sheet
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in 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 information provided in this
application is truthful to the best of my knowledge.
This is the 10thday of August; -69C 2005
Sparks Engineering,PLLC
Print Name Rona la w- Sparks, PE
Signature
Landowner or Authorized A
Please indicate attachments pertaining to your proposed
project.
- DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE. Please sign and dare each attach mew in the
space provided at the bottom of each form.
Revised 03/95

Owner
Ferst for St Marys Inc
2321 Ocean Point Drive
Wilmington, NC 28405-5284
Property Address:
400 South Front Street
PID 05308013008000
PIN 3117-12-8326
?J
McClain Peter W Mary H
410 South Front Street
Wilmington, NC 28401-5012
Poperty Address
410 South Front Street
PID 05308013007000
PIN 3117-12-8229
River Enterprises Inc
2 Ann Street
Wilmington, NC 28401-4471
Property Address
2 Ann Street
PID 05308012001000
PIN 3117-12-6519
04can
Wightman John W Christine B
1 Church Street
Wilmington, NC 28401-5005
Property Aciciress
1 Church Street
PID 05308013002000
PIN 3117-12-6132
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Note:
Although this project is designed to match the
existing City of Wilmington River Walk the
connection to the River Walk will not take place
at this time.
Deck &
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Permit Class
AMENDED
Permit Number
_ Major Development in an Area of Environmental Concern =
pursuant to NCGS 113A-118
STATE OF NORTH CAROLINA 98-99
Department of Environment and Natural Resources
and
Coastal Resources Commission
V, NC
X for ?11? i? ?I =t C 'a
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Governor's Landing, LLC., 225 S. Water Street, Wilmington, NC 28401
authorizing development in New Hanover County at Cape Fear River, Wilmington waterfront at Nun
Street

drawings, 13-14 and 23-24 of 28, all dated 3/2/99.
This permit, issued on l oA2 1/ °l , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) The alignment of the authorized bulkhead must be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction. Failure to
initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
2) The alignment of the new bulkhead shall approximate that of the old, deteriorated bulkhead.
3) The bulkhead must be constructed prior to any backfilling activities.
4) The bulkhead must be structurally tight so as to prevent seepage of backf H materials through the
structure. (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 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 Departmental approval.
All work must cease when theppermit expires on
December 31 20(?Z
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
, as requested in the pennittee's application dated 3/2/99 including attached workplan
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Dbfina D.Mofiitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
y:
Governor's Landing
Permit #98-99
Page 3 of 5
'ADDITIONAL CONDITIONS IDCl 'l twjC Q21% 1
14) The pier and associated structures shall have a minimum setback distance of 15 feet between any
parts of the structure grid 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.
15) No attempt will 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 must not cause an unacceptable interference with navigation. .
16) 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.
17) The permittee must 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.
18) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee shall not
hold the United States liable for any such damage.
19) The permittee will 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.
20) 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.
Sedimentation and Erosion Control
21) In order to protect water quality, runoff from construction must not visibly increase the amount
of suspended sediments in adjacent waters.
a?oxoXo•aoKoxo,.oxo,
Governor's Landing Permit #98-99
Page 5 of 5
ADDITIONAL CONDITIONS.
.28) The proposed project must receive approval from the Wilmington District Historic Commission
prior to the commencement of the permitted activities. S
4
General 4
4
NOTE: The permittee is encouraged to contact the New Hanover Mosquito Control Office at 4
[phone] to discuss mosquito control measures. 4
NOTE: The N.C. Division of Water quality has assigned the proposed project DWQ Project No
990676.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199900954.
?O L
•l
Per,nit Class Permit Number
NEW ell
STATE OF NORTH CAROLINA OCR, G114-tit C/ VC 98-99
Department of Environment and Natural ResourceA/,- r v s
NC s
and ??Qi?,• __ S
Coastal Resources Commission ,.... Y''! Tfi; r' h
8 1999 ?-
X for DIV!8KON OF
_ Major Development in an Area of Environmental Concern ; PA1P.G F M c N
pursuant to NCGS 113A-118
X
Excavation and/or filling.pursuant to NCGS 113-229
Issued to Governor's Landing, C/o Wright Chemical Corp., 102 Orange St., Wilmington, NC 28401
authorizing development in New Hanover County at Cape Fear River, Wilmington waterfront at Nun
Street
, as requested in the permittee's application dated 3/2/99 including attached work-plan
drawings, 13-14 and 23-24 of 28, all dated 3/2/99.
This permit, issued on t o//2 / 9 q , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) The alignment of the authorized bulkhead must be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction. Failure to
initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
2) The alignment of the new bulkhead shall approximate that of the old, deteriorated bulkhead.
3) The bulkhead must be constructed prior to any backfilling activities.
4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure. (See attached sheets for Additional Conditions)
This permiCaction 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 Departmental approval.
All work rust cease when a unit expires on
llecember 31 ?0(>?
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
o-
Dor rf D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature o I f Permittee
3 Governor's Landing
3

Permit #98-99
Page 2 of 5
ADDITIONAL CONDITIONS
5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet p4es or
other suitable materials approved by department personnel.. This permit does not authorize any
excavation waterward of the approved alignment.
6) The back fill material will be clean and free of any pollutants except in trace quantities.
7) All back fill material will be obtained from a highground source and confined behind the
permitted bulkhead.
8) The temporary placement or double handling of excavated or fill material within waters or
vegetated wetlands is not authorized.
Gn ? ZZ
Docking Facility .`
9) This permit authorizes a maximum of ten boat slips.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility
will require that the docking facility be classified as a marina, and will therefore require a
review under the N.C. Environmental Policy Act (NCEPA).
10) No portion of the authorized docking facility may extend waterward of the U.S. Army Corps of
Engineers Harbor Line.
11) The docking facility will display a sign showing the location of the nearest pumpout facility,
including other appropriate waste disposal information, at the entrance and exit from the main
piers.
12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using
the docking facility. Any sewage discharge at the docking facility shall be considered a violation
of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
13) 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,-may 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.
7
`?, OCT 1,83 1999
0: j\jP?JAGEMEN7.
Governor's Landing Permit #98-99
DCR?C? 1 VE Page 3 of
• ?'l?!?111??G ? ?N NC
ADDITIONAL CONDITIONS 6 2005
14) 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.
15) No attempt will 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 must not cause an unacceptable interference with navigation.
16) 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.
17) The permittee must 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.
18) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee shall not
hold the United States liable for any such damage.
19) The permittee will 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.
20) 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.
Sedimentation and Erosion Control
1) In order to protect water quality, runoff from construction mV not visibly -increasee amount
of suspended sediments in adjacent waters.
i
Div!S;C)iV _
G0ASTAL MA;`AGEME?1?
Governor's Landing Permit #98-99
Page 4 of S
ADDITIONAL CONDITIONS.
22) ' All disturbed areas shall be properly graded and provided, a ground cover sufficient to restrain
erosion within thirty days of project completion.
.NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land disturbing
activity: Submit this plan to the New Hanover County Sedimentation and Erosion
Control Program.
Stormwater Management C
23) The Division of Water Quality approved this project under storinwater management rules of the
Environmental- Management Commission on 9/9/99. Any violation of or deviation from the
permit approved by the D.W.Q. will be considered a violation of this CAMA permit
Cultural Resources Protection
24) The authorized condominium buildings must be constructed in accordance with the 9/2/99
building plan revisions submitted to the Division of Archives and History (DAH), which were
approved by DAB on 9/3/99..
25) If the permittee discovers any previously unknown historic or archaeological remains, including
but not limited to shipwrecks, while accomplishing the authorized work, he will immediately
notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-
4511, who will initiate the required State and Federal coordination.
26) At least one week prior to initiation of construction, the permittee shall contact the N.C. Division
of Archives and History (DAH) at [phone], and provide this agency the opportunity to
monitor construction. If significant archaeological features are exposed, the DAH will be
allowed reasonable time to record and/or recover features prior to the continuation of
construction activities.
27) Prior to the commencement of any permitted activities on the property, the permittee shall
compile an account of the waterfront usage from documentary research to determine the historic
uses of the property, and specifically link the existing old pilings with past waterfront structures.
The old pilings must also be photo-documented before their removal. All findings and photo
documentation must be submitted to the State Historic Preservation Office (SHPO) at 109 East
Jones Street, Raleigh, NC 27601-2807. SHPO concurrence must7,, r( e mYtdTriq??9Jhe:,
commencement of the permitted activities.
;1i ._!
I
G0 T 18 ?o,cc =
C!V!Sioi:\i ?j;=
Governor's Landing
Permit #98-99
Page 5 of
ADDITIONAL CONDITIONS
28) The proposed project must receive approval from the Wilmington District Historic Commission
prior to the commencement of the permitted activities.
Genera
NOTE: The permittee is encouraged to contact the New Hanover Mosquito Control Office at
[phone] to discuss mosquito control measures.
NOTE. The N.C. Division of Water quality has assigned the proposed project DWQ Project No.
990676.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199900954.

!77r??7
1.
OCT l s 1999
DIVISION OF
00-` STAL (tMA;AGEMEN
4
G
4
4
4
4
ALTT4 ,l1
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
October 13, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Governors Landing
c/o Mr. Gene Merritt
P.O. Box 2226
Wilmington, NC 28402
Dear Mr. Merritt:
1?u ? D
N
l1 V 4 - 2005
DE/Vfi . A.I. .
?MDSl LRQUALITY
ftWATER BR IVc,
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (LAMA), in which authorization was requested to construct a 10-slip
community docking facility on the Cape Fear River and an elevated wooden boardwalk along the
adjacent Wilmington waterfront in New Hanover County. Processing of the application, which
was received as complete by the Division of Coastal Management's Wilmington Regional Office
on August 16, 2005, is now complete. Based on the state's review, the Division of Coastal
Management has made the following findings:
1) The joint State and Federal review of the project was generally favorable.
2) The proposed project is located within a Primary Nursery Area (PNA) as designated
by the North Carolina Marine Fisheries Commission.
3) The 1999 Wilmington-New Hanover County Land Use Plan (page 90) defines
marinas as "commercial marinas, rental slips, community boating facilities, and
residential piers renting more than two slips." Furthermore, community boating
facilities are further defined as, "a private non-profit boating facility including a
dock, pier, and/or launching ramp on property which has water frontage, the use of
which is intended to serve 5 or more residential lots or units. The right to use such
facility must be conferred by an easement appurtenant to the residential lot it is
intended to serve. No commercial activities of any kind shall be allowed within the
confines of the facility." Therefore, with your request for a 10-slip community
docking facility, this project must be considered a marina for the purposes of review
under the 1999 Wilmington-New Hanover County Land Use Plan.
4) Under Section 4 Areas of Environmental Concern of the Wilmington-New Hanover
County Land Use Plan, Policy 4.8 (as amended April 2, 2001), bullet one, reads,
"Marinas shall not be allowed in Primary Nursery Areas (PNA), Outstanding
Resource Waters (ORW), or open Shellfishing Waters (SA)."
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 500o Recycled \ 10% Post Consumer Paper
Governors Landing
October 12, 2005
Page 2
Given the preceding findings, it is necessary that your request for issuance of a CAMA
Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant
to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state
guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of a written petition, complying with the requirements of
§150B of the General Statutes of North Carolina, and must be filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty
(20) days from the date of this letter. A copy of this petition should be filed with this office.
Members of my staff are available to assist you should you desire to modify your
proposal in the future. If you have any questions concerning this matter, please contact Mr.
Doug Haggett at [phone], extension 212.
Sincerely,
Charles S. Jones
cc: Henry Wicker, ACOE
DCM - Morehead City
DCM - Wilmington
It
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Sparks Engineering, PLLC
106 North 13th SL
Wilmington. NC 18401.4312
910.132.41781910.761.1646 fox

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Turning Your Visions Into Realities
[e-mail] sparksengineeringpllc.cont

Note:
The purposed of this project is to build Riverview walkway and dock access for the
Governors Landing Townhouse project.
Construction quality and detailing is the match the existing City of Wilmington River
walk project,
The existing deck next the Cape Fear River has settled and will be removed to make
way for this project The existing bulkheads and retaining walls will remain and the
new structure will be installed over the existing bulkheads.
Absolutely no excavation or fill is authorized water ward of the Mean High Water
line as per CAMA regulations.
Contractor is caution about the possibility of underground utilities at or near this
project. Contractor shall verify the presence of such utilities prior to construction.
All construction is to comply with all code agencies.
Contractor is responsible for the installation and maintenance of all temporary erosion
and sediment control measures throughout the extent of the contract period All
measures will comply the manual for erosion and sediment control in NC.
Contractor is responsible for any unforeseen below-grade structures foundations or
any feature that may interfere with construction activities
Proposed deck is to match the existing river walk elevations
Contractor shall respond to difficult pile driving conditions, should they be
encountered. Contractor will utilize spud beam or other appropriate measures to
respond to inpenctratable conditions. Information contained in these drawing makes
no assurances as the channel bed or existing deck sub surface characteristics.
Electrical connection for the park lighting is to coordinated with the City of
Wilmington and is not addressed in this design.
Dock electrical and water connections were installed and stubbed out during the
construction of the existing deck.
Plantings shown on plan will conform to the City of Wilmington standards
Scale 111=20'
Existing
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Note:
The purposed of this project is to build Riverview walkway and dock access for the
Governors Landing Townhouse project
Construction quality and detailing is the match the existing City of Wilmington River
Walk project
The existing deck next the Cape Fear River has settled and will be removed to make
way for this project The existing bulkheads and retaining walls will remain and the
new structure will be installed over the existing bulkheads.
Absolutely no excavation or fill is authorized water ward of the Mean High Water
line as per CAMA regulations.
Contractor is caution about the possibility of underground utilities at or near this
project Contractor shall verify the presence of such utilities prior to construction.
All construction is to comply with all code agencies.
Contractor is responsible for the installation and maintenance of all temporary erosion
and sediment control measures throughout the extent of the contract period All
measures will comply the manual for erosion and sediment control in NC.
Contractor is responsible for any unforeseen below-grade structures foundations or
any feature that may interfere with construction activities
Proposed deck is to match the existing river walk elevations
Contractor shall respond to difficult pile driving conditions, should they be
encountered Contractor will utilize spud beam or other appropriate measures to
respond to inpenctratable conditions. Information contained in these drawing makes
no assurances as the charnel bed or existing deck sub surface characteristics.
Electrical connection for the park lighting is to coordinated with the City of
Wilmington ands not addressed in this design.
Dock electrical and water connections were installed and stubbed out during the
construction of the existing deck.
Plantings shown on plan will conform to the City of Wilmington standards.
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Structural Notes:
Floating dock 20PSF 1 1
Timber Deck IOOPSF
Wind load I IOMPH
Seismic Design Criteria:
Av=0.075 As 0.075
Seismic Hazard Exposure Group I
Seismic Performance Category B
Soil Profile type S2
1. Timber piling shall conform to ASTNI D-25.73 and be pressure treated with CCA
to 2.5 Lb/CF Net retention per ASBP MP-4.
. Dock piles shall be Class B (12" to 14" Butt dia. With minimum penetration of 35'
and bearing capacity of 15kips.
2. Steel piling shall be HP 12x53, ASTM A36, coated with coal tar epoxy coating.
Minimum penetration shall be 40' drive to minimum bearing capacity of 20kips.
3. Jetting may be used provided piling is driven the last 3fL
4. Framing lumber. S.Y. Pine No. 2 or better pressure treated with CCA to 2.5lb/cf.
5. Deck and railing: S.Y. Pine No. 2 or better pressure treated with CCA to 2.51hlcf.
6. All hardware and nails shall be hot dipped galvanized Unless noted otherwise use
cut washers under all bolt heads and nuts.
7. Drill undersized holes for nails in small members as necessary to prevent splitting.
8. Nail saes and umbers are not shown but sufficient tailing will be requited in all
cases to develop fu11 joint strength. Use only common domestic galvanized ails.
9. Place ISlb felt between joist and floor decking. Use galvteco split rings (4") For all
connections.
10. Structural steel shall be A36, use r/" thick H.S. ASTM A325 Bolts or E70 series
Welds.
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Sparks Englneenn& PLLC
106 North 131h St.
Wibnington, NC28401.4312
910.131.4118910.162.1646 fizz

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118 PORTWATCH WAY * Wilmington NC., 28408 • 910-395-9345
ADJUST LANDING POSRION
9 SYSTEM PILINGS 10' STEEL PIPE
4 MOORING PILINGS 10-12' TIMBER
REVISION:
5/3/00
5/4/00
5/18/00
5/26/00
6/5/00
DATE: I Ref. G. LANDING
3/10/04
2/4/05 Drawn By: T.S.GARRETT
Scale: NOT TO SCALE
CHECKED BY:
GOVERNOR'S LANDING
DOCK LAYOUT
CL? ?7-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
December 6, 2005
Action ID No. 200501148 and State Permit No. 182-05
GMC Real Estate Inc.
Attn: Gene Merritt
Post Office Box 2226
Wilmington, North Carolina 28402
Dear Mr. Merritt:
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2005
DEC $
DEpSPJv4p, TER Qupa-?
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Reference your application for a Department of the Army permit to construct a
community dock with ten (10) boat slips and elevated wooden boardwalk to be located on the
east bank of the Cape Fear River, adjacent to the south side of Nun Street, in downtown
Wilmington, in New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process for construction activities that
receive authorization from the State of North Carolina. Therefore, you may commence
construction activity in strict accordance with applicable State authorization and the approved
plan. Failure to comply with the State authorization or conditions of the Federal permit could
result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished wit ut enclosure:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jim Gregson, District Manager
Wilmington City Regional Office
North Carolina Division of Coastal
Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405