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'J ,.J \ \ \\\1 " lumina Station 1908 Eastwood Road Suite 319 Wilmington NC 28403 phone 910.256.6620 fax 910.256,0175 du ncanmarineinc.com f_ DUNCAN MARINE CONTRACTORS. INC A giant among our piers.' . Dredging . Piers . Marinas . Bulkheads . Repairs . Design . Floating docks . Pilings . House pilings . Boat lifts " ~..... Ed. ~.";r Marsh Cross - , . - '-" - , . - . , -0,0 +, +, +, +, ~.9' ~o. ~? ~.9. flOOD ~ . Cl ~. -'x -'-'- , H W= -+-4,.0 " ,. ~ +, ~ '0- ~ Cl ~. ._._.~x'_'- (NTS) ,":-_ .~ / / .- 'iLW- ~ .~. +, ~o. " ~ 6 <b ~ 6 " 10' <-). 10' <-). <-). 10' 10' ----~---~----~---~----~---~---~------- "0 6 6 " 6 6 i 6 I 10' 10' 10' 10' 10' 10' 10' <D _ _ _ - ~- - -~"'- - - -;:' - - - ~- - - --r - - - ~- - - -~ - - - - -1'- ~ PROPERTY UNE AND I . PROJECJ CENTERUNE I ~ ~ ~ ~ ~ ~ / ~ ~ ~ 26' 18' 14' 14' 25' 26' C HEHf..ETTS CREEK- , '0' ~ 'O~ -V I Y.!...ERH..s~lU.!:!E I I -1---- 1 I w -' ::J _ a:: o ...... ....... ",,?> ~ ",ry ~ Cl ~. -K.. I 1 I -;115' I.. 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BENSON, RLS 1 NORTH 6TH ST. WILMINGTON, N.C. DATED 1 MARCH 2005 ELEVATIONS BASED ON NLW=O.O Lumina Station 1908 Eastwood Road Suite 319 Wilmington NC 28403 phone 910.256.6620 fax 910.256.0175 d uncanmarineinc.com __ DUNCAN MARINE CONTRACTORS, INC A giant among our piers. . 0,0 '-o.~ -'-- ~ PROP. OF.' .lOSt?i'{fe~{O% . Piers . Marinas . Bulkheads . Repairs . Design . Floating docks . Pilings . House pilings . Boat lifts .--.... w z :J (/) (/) < 'O~ IDe.:> ~w o if) o a.. a.. o o I- ~ 3NIl SSVtj~ 11 LO ~ :>:: r-.: :J U + ~ ". o ...J ~ W w I g:>:: ~ ::; U w w a.. 1 0 .. :>:: vU ~w o a v 3NIl SSVtj~ w z :J ...:... >- I- ~ W a.. o ~ r W ...J < U (/) o l- I- o Z LO ~ LO 11 a N ~ ~ ~ ~ o l""i I : I I : I : I : I : I : I : I : ~I I : II I: I ~ I:; I ~ I ~ I I I ~ I I: I o I I vi +1 II I I ::;1 II I : I I I I I I I : II : I ~ I : i : I I I r ~ :.., ~ ~ ~ ...J < ~ ~ i-- :!'-- :: W ....J LL o 0::::0 0... 0:::: WLO -~ 0... o f') o f') . '" .~ N I- W W u.. z W ...J < U (/) U'l 0: w w J: :! 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OCTOBER 25, 2005 SHEET OF <il ~I tl 0:1 ~I ~I ~I J: Lumina Station 1908 Eastwood Road Suite 319 Wilmington NC 28403 phone 910.256.6620 fax 910.256.0175 z o F () w (/)~ -< u ~U'l ()~ W.- O~ du nCJnmarineinc.com -' .:( () ~ ft DUNCAN MARINE CONTRACTORS. INC A giant among our piers.' Jl .:( : z o F () Ww UP' u U'l 0::0 W.... a.~ -' .:( () ~ . Dredging . Piers . Marinas . Bulkheads . Repairs . Design . Floating docks . Pilings . House pilings . Boat lifts November 21, 2005 Mr. Robb Mairs Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Robb, In regards to the Bain/Sullivan Hollyholm Trace project, our clients propose the following changes to the original design, Rather than having a ramp leading to a floating dock, we are proposing to have a fixed ramp or steps leading to a fixed and elevated section that is slightly lower than the main fixed pier, The fixed and lowered sections will be 6' x 25' to provide an area for kayak storage, This will prevent the floating dock from resting on the substrate at low tide, In addition, our clients plan to limit access of boats to small aluminum skiffs and kayaks, The families simply want to have the opportunity to reach the water safely as they have small children and grandchildren, Duncan Marine Contractors continues its mission to be environmentally friendly, In this latest rendering, we feel as if we have accommodated the request of all parties and have a plan to suit. Please let me know if you have any other concerns, Regards, Jim Hundley Duncan Marine Contractors 1908 Eastwood Rd" Suite 321 Wilmington, NC 28403 (910) 256-6620 phone (910) 256-0175 fax 0...... \' ~ 'LD.J,L.LQ...d. United States Department of the Interior f)>-I~(2.. FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 23,2005 ~m@ma\YJm~ NOV 3,0 2005 \\mZ~~,~1~~ QUALITY vrvlWATER BFWJCH Mr. Hcnry Wicker U. S. Army Corps of Engincers Wilmington Regulatory Field Office p, O. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Action ID #200600010, Roy Bain and Michacl Sullivan, Pier on Hewletts Creek, Ncw Hanovcr County Dear Mr. Wicker: This lctter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated October 25, 2005. The applicants, Mr. Roy C. Bain and Mr. Michael Sullivan, have applicd for a Department ofthc Army (DA) permit to construct a privatc, shared picr across coastal wetlands to paired docking facilities in open water on Hewletts Creek. The proposcd work is bcing considcred under Regional General Permit # 198000291, a pcrmit/processing agreement for work that has been approvcd 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, 661-667 d), Comments related to the FWCA are to be used in your determination of compliance with 404(b)(I) guidclines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to thc protcction of fish and wildlife resources. Additional comments are providcd regarding the District Engineer's detcrmination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.c. 1531-1543), Project Area, Proposed Actions, and Anticipated Impacts The PN contains the Field Investigation Report (FIR) of the North Carolina Division of Coastal Managemcnt (NCDCM) and the permit application (P A) to the NCDCM, The FIR states that the applicants own adjacent lots in Hollyholm Subdivision with a combined frontage of 230 feet along Hewletts Crcek, a tidal creek flowing into the Atlantic Intracoastal Waterway (AIWW). There is an area of mixed wetlands waterward of the uplands on the site which transitions to a strip of high marsh approximately 600 feet wide. Waterward of the high marsh is a strip oflow marsh dominated by smooth cordgrass (Sparlina alterniflora) along the open water of the creek. Thc FIR states that several areas of oyster reefs are visible at low water in the mud flat waterward of the low marsh. Hewletts Creek has been designated as a primary nursery area (PNA) by the North Carolina Division of Marine Fisheries (NCDMF), but the area is currently closed to shellfish harvesting, 2 The applicants propose to construct a pier six feet wide and 561 feet long. From the waterward end of the pier, each applicant would construct a platform, gazebo (14 feet square), ramp, and floating dock (six feet by 25 feet), Each floating dock would provide space for two vessels, Plans submitted by the applicants indicate that water depths around the floating docks are 2.9 to 4,6 feet at mean low water (ML W). However, the FIR notes that the staff of the NCDCM and NCDMF determined during site visits during September 2005 that water depths from the docking area to the center of the creek were approximately 1.25 to 2.0 feet at ML W, The narrative project description in the FIR states that the proposed structure would incorporate 872 square feet (ft2) of Estuarine Waters and Public Trust Area. The structures would also shade approximately 3,090 ft2 of coastal wetlands, The FIR notes that due to the shallow depths at this location along Hewletts Creek, there would be a potential for bottom disturbance and displacement of the substrate due to "kicking" by the propellers of vessels moving to and from the main channel of the creek. 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, within each U. S, Geological Survey quadrangle (quad). The project is located in the WrightsviIle Beach quad, The occurrence data of special status species within this quad can be obtained on the internet under the Database Search section of < httn:llwww.ncnhn.oru/Parres/heritauedata.html>. The Service carefully considers potential impacts for all in-water construction on the West Indian manatee (Triclzeclllls mana/liS), a federally-endangered mammal. Manatees move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatees may occupy waters one to two meters (3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely detern1ine the likelihood that it will be presence at a particular construction site, The species has been reported from New Hanover County and there is a current record in the WrightsviIle Beach quad, There is a specific occurrence record in GreenviIle Sound cast of the project area, As noted, there is a degree of uncertainty associated with water depths in the project area, However, project drawings indicate a tidal range of four feet (from ML W to mean high water). This range would allow manatees to use Hewletts Creek during a portion of the tidal cycle. Pier construction which may require either jetting and/or pile driving for timber placement can create a risk to manatees, To minimize any risk to this endangered species, the Service developed "Guidelines for Avoiding Impacts to the West Indian Manatee - Precautionary Measures for Construction Activities in North Carolina Waters," These guidelines are available on our web site at < http://nc-es.fws.uov/mammallmanatee uuidelines,ndf>. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work 3 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. Protection of the manatee would further enhanced by scheduling construction during the period from November I through May 31 where the species is least likely to be in North Carolina waters. 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 under section 7(a)(2) of the Act would be fulfilled. However, section 7 consultation must be reconsidered 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 that 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 Conccrns and Recommcndations As a forn1 of coastal wetland, the salt marsh at the project site provides habitat for finfish and shellfish (Street et al. 2005, pp, 322-323). Along with the shallow soft bottoms, salt/brackish marshes along the North Carolina coast are probably the most recognized nursery habitat for estuarine-dependent species, The majority of Primary and Secondary Nursery Areas designated by the NCDMF are located in soft bottom areas surrounded by saltlbrackish marsh. Coastal salt marshes also serve as foraging areas, refuges, spawning areas, and travel corridors. Any impacts to intertidal and shallow subtidal habitats are a cause for concern. Both areas are important fish and wildlife habitat. The ecology of North Carolina intertidal flats has been has been described (Peterson and Peterson 1979). While intertidal flat may appear devoid of vegetation, microalgae are extremely abundant in and on the sediments of these areas (Peterson and Peterson 1979, p. 11). Intertidal flats contribute significantly to total phytoplankton production in estuarine systems because the area of net photosynthetic production is greatly increased when high tides create large areas of shallow water (Peterson and Peterson 1979, p. 13). Shorebirds forage in intertidal areas. Invertebrates inhabiting intertidal shoals are an important food source for shorebirds and fishes, The Service is concerned that the proposed pier may represent a precedent for pier length in the immediate project area on the north side of Hewletts Creek. The Service has review aerial photographs from Google Earth. These photographs, which are not dated, do show shorter, existing piers downstream from the project area, in the vicinity of Cedar Landing Road. However, upstream from Cedar Landing Road the marsh becomes much wider and no piers are visible from the north bank of the creek, State law requires that piers longer than 100 feet not extend beyond the "established pier length along the same shoreline for similar use." This established pier length, or pier head line, is not the same as the one-fourth rule requiring pier to be less than one-quarter of the width of a natural water body. Project drawings appear to equate the pier head line with the one-fourth rule, The Service requests that the coordinated federal 4 position require evidence that the proposed pier of over 560 feet would not establish a precedent for pier length from the northern edge of Hewletts Creek to the main creek channel. The issue of whether the proposed pier represents a significant extension of piers west of Cedar Landing Road should be clarified prior to the issuance of a DA permit. If the proposed pier and associated docking facilities would establish a new standard for additional structures across the marsh, the Corps' public interest review should consider the future environmental impacts of resulting from this action, Another concern related to the length of the pier is the amount of coastal marsh covered by the structure. Docks and piers can impact wetlands indirectly by blocking sunlight. Shading results in the loss of plant growth and vigor beneath the dock structures. A study in South Carolina compared stem densities of Sparlina under docks with stem densities five meters (16.4 feet) away from docks (Sanger and Holland 2002 as cited in Street et al. 2005, p, 350). This study indicated an average reduction in stem density of 71 % under the docks. The study concluded that although shading of Sparlin a by docks reduces stem density, the total impact on wetland habitat was minor, However, local effects in areas with many docks could be significant. Street et al. (2005, p. 390-391) also note that several studies indicate that concentrations of individual docks have the potential to alter soft bottom habitat, particularly shallow water habitat, in ways that can reduce productivity of the system as a whole. Benthic microalgae are an important component of primary production in soft bottom habitats such as mudflats. These microalgae are light dependent and thus adversely affected by shading, Street et al. (2005, p. 279) state that "total shading of the bottom by piers and docks is limited by a requirement that pier surface area associated with a given waterfront lot may not exceed a combined total of four square feet per linear foot of adjacent shoreline." Under this regulation, the two lots with combined shoreline of 230 feet would be allowed approximately 920 ft2 of structures, While this figure is in line with the open water to be covered, it is far less than the approximately 3,962 ft2 of both open water and coastal wetlands which would be covered. However, the wording of the law (15A NCAC 07H ,0208(b)(6)(D); available at < http://renorts.oah,state,nc,us/ncac.asn >, appears to exclude main piers of six feet or less in width, The square footage considered in the law applies to extension of a pier (a "T" structure or finger pier less than six feet in width) and structurcs greater than six feet wide (designatcd as platforms and decks rather than piers), The coverage produced by a pier of six feet or less in width appears is not specifically mentioned. Furthermore, the limit on the combined area of such structures can be permitted if necessary to "support a water dependent use that cannot otherwise exist. " The Service supports measures to minimize the adverse impacts of structures built over coastal wetlands and shallow, subtidal bottoms without emergent vegetation, Such measures fall into two broad categories, First, as indicated by the regulations mentioned above, coverage can be limited, If the proposal does conform to an established pier head linc for the shoreline on the north side of the creek, the Corps' public interest review should weigh the resource benefits associated with this fish nursery area against the goals of the applicants, In this regard, Street et al. (2005, p. 10) state that coastal North Carolina supports a vigorous commercial fishing 5 industry. Approximately S 100 million is paid annually to fishermen. The commercial fishing industry generates more than 27,000 jobs in North Carolina with an annual payroll exceeding S 116 million. The protection of fish habitat benefits not only fish but also that portion of the public which benefit, both commercially and recreationally, from the fish which depend on such habitat. The coordinated federal position should consider supporting the coverage limits of state regulations which would allow all structures to cover less than 1,000 ft2 for the two lots with a combined frontage of 230 feet. If the public interest review does not support the limitation of coverage, a second approach would be to elevate structures to a sufficient height to allow sunlight to support marsh vegetation. State regulations (15A NCAC 07H .0208(b)(6)(F)) require structures built over wetlands to be at least three feet over the wetland substrate measured from the bottom of the decking, While the Corps' Regional General Permit (RGP) 197800056, which became effective on March 16,2005, also requires (Special Condition i) a minimum elevation of three feet for docks and piers over wetlands, the RGP stipulates that these structures will be elevated sufficiently to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. Therefore, the amount of elevation is determined by the height necessary to prevent total shading. The required elevation will be dependent of the character of the wetlands covered and the stated minimal elevation may not be appropriate in all cases. Since smooth cordgrass may grow three to six feet high (Tiner 1993, p. 13) and grows in dense stands, the minimum height requirement may produce a zone of total shading under the structure. A healthy smooth cordgrass marsh may require structures to be placed above the top of the plants to prevent a zone of total shading, Shading can also be reduced by creating structures which allow the passage of sunlight. The use of a grated surface or extruded metal decking would allow sunlight to support marsh vegetation. There could be added benefits from not using solid decking for the long pier. The use of a grated surface with openings to allow storm waves to pass through the structure rather than striking a solid surface could reduce storm damage to the structure, In accordance with the protective measures contained in RGP 197800056, the Service recommends that the Coordinated Federal Position require supporting information that the structures over vegetated wetlands, specially the coastal marsh, would be elevated sufficiently to prevent total shading of the vegetation. The Service is also concemed about the potential harm resulting from vessel operating in the shallow waters at, and waterward, of the two docking facilities. The use of the proposed docks may result in turbidity and sedimentation due to prop wash. Street et al. (2005, p. 391) note that when docks are permitted in very shallow areas, moored boats may cause considerable turbidity or prop dredging when attempting to motor to deeper waters. Boat wakes can resuspend sediment and reduce light penetration through the water column (Street et al. 2005, p, 279), The increased turbidity can significantly reduce primary or secondary productivity. Boat wakes can erode the margins of coastal marshes and Street et al. (2005, p. 350) note that the most detrimental effect of boating on wetlands is probably the loss of vegetation from wave action. If boats of an inappropriate size are moored at the proposed facilities, safety issues could emerge 6 over time as groundings occur. Such safety issues could lead to request for dredging of a deeper channel to maintain access to Hewletts Creek, In order to fully consider these potential adverse impacts, the coordinated federal position should seek clarification on the size of vessels to be docked at the two facilities and specify that vessels should be of appropriate sizc to minimize prop wash and allow adequate access without the need for future dredging. The Servicc is also concerned that some construction methods for such a long pier could result in the placement of a significant amount of spoil material in the coastal marsh. Due to the lcngth of the pier a large number of pilings would be placed in the marsh. If the pilings are augered into place and the spoil dumped onto the marsh, there could be harmful burial of the surrounding marsh. The Service recommends that the Corps consider the total amount of fill to be placcd in the marsh in their public interest review and include measures it may deem necessary to minimize impacts such as containment and/or removal of any spoil not placed back into the piling hole. Overall, the Scrvice recommends that the coordinated federal position request several conditions that would benefit fish and wildlife rcsources in the project area. Considcring the high fish and wildlife habitat value of the salt marsh and soft, estuarine bottoms which would be affected and, more importantly, the potential for secondary impacts that could occur as a result of the proposed work, we recommend that any permit for the proposed action requirc that: I, The ovcrall picr length does not excecd thc established pier length along the north shoreline of Hewletts Creek in thc vicinity of the proposed action. This established pier lcngth is different from the requirement limiting length to less than one-fourth the width of open water. If the proposed pier would establish a longer precedent for similar structures, the future adversc environmental impacts should be fully assessed in the permitting process; 2. The amount of shading produced on coastal salt marsh and shallow estuarine waters should not diminish the productivity of the fish nursery area of Hewletts Creek. In order to limit the adverse shading effects, the area covered could be reduced, the structure elevated to a height which would allow sunlight to support primary production, and/or the structure could be madc of material allowing the penetration of sunlight; 3. There would be sufficicnt water depths between the proposed docking facilities and the deeper water of Hewletts Creek to ensure that boats using the dock would not create turbidity by prop agitation and that additional dredging would not be requircd in the future to ensure access to deeper water. Considering the level of detail presented in the design of the structure, the applicants could provide information on the size of vessels which would use the docking facilities; and, 4, Construction of the proposed structure would not result in the placement of a harnlful amount of spoil material on coastal wetlands, 7 The Service appreciates the opportunity to comment on this permit application and we will carefully review any information provided on the issues outlined above. 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 bye-mail at < howard_hall@fws,gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. Sincerely, JV{, ~ ()~[v- .A .. _ Pete Benjamin ~y Ecological Services Supervisor Literature cited: Peterson, C. H. and N, M. Peterson. 1979, The ecology of intertidal flats of North Carolina: a community profile, U. S, Fish and Wildlife Service, Office of Biological Services. FWS/OBS-79/39. 73pp. Sanger, D. M. and A.F. Holland. 2002, Evaluation of the impacts of dock structures on South Carolina estuarine environments, South Carolina Department of Natural Resources, Marine Resources Research Institute, Charleston, Sc. Tech, Rep. No. 99. 82p, Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries, Morehead City, NC. 656 pp, [available at < httn:/ /www.llcfishcrics.llct/habitatlchpn28.html> ]. Tiner, R, W. 1993. Field Guide to Coastal Wetland Plants of the Southeastem United States. The University of Massachusetts Press, Amherst, Massachusetts, 328 pp. cc: Ronald Mikulak, US EP A, Atlanta, GA Ron Sechler, NOAA Fisheries, Beaufort, NC Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC John Domey, NC Division of Water Quality, Raleigh, NC Jim Gregson, NC Division of Coastal Management, Wilmington, NC Mike Street, NC Division of Marine Fisheries, Morehead City, NC 2005-1872 New Hanover Subject: 2005-1872 New Hanover From: Joanne Stecnhuis <Joanne.Steenhuis@ncmail.net> Date: Tue, 22 Nov 2005 17: 15:59 -0500 To: Ian McMillan <Ian.McMillan@ncmail.nct> Ian, No 401 will be required for the Bain Sullivan project 05-1872. There is additional info and I have sent it to you for your files. 1 of I 11/23/2005 8:21 AM AWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William GRoss Jr, Secretary October 4,2005 MEMORANDUM: ~&@&llW&@ OCT 6 2 [}!J Cyndi Karoly, Supervisor 005 40 I Oversight and Express Permits Unit \',m.Z~R - WATER QUALITY Division of Water Quality-Surface Water Protection MDSTORI.{WA.7ERDRANCH TO: FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: Roy C. Bain and M. Sullivan Project Locat,ion: Lots 6 & 7 in Hollyholm Trace, adjacent to Hewletts Creek in Wilmington, New Hanover County. Proposed Project: Applicants propose to construct a private, shared pier between their properties that would terminate in 2 platforms with 2 gazebos and 2 floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 27,2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPL Y: _ 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 Ex!., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagemen!.net An Eq~al OPP2r1un'lj' \ Afflrm3:ive AC:lon Empiojer - 50% ReCj'ciej \ 10% Post Cons~mer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Roy Bain and Michael Sullivan 2. LOCATION OF PROJECT SITE: Lots 6 and 7 in Hollyholm Trace, adjacent to the Hewletts Creek, in Wilmington, New Hanover County. Photo Index - 2000: No coverage 1995: No Coverage 1989: No Coverage State Plane Coordinates - X: 2345449 Y: 163602 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-092916A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9-29-05 'Vas Applicant Prescnt - No 5. PROCESSING PROCEDURE: Application Receivcd - 9-27-05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - WilmingtonlNew Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, CW (C) 'Vater Depcndcnt: Yes (D) Intcnded Usc: Private (E) 'Vastewater Trcatment: Existing - City Sewer System Planncd - N/ A (F) Typc of Structures: Existing - Vacant Lots Planned - Pier (6' x 547'), (2) platform (6' x 15'), (2) gazebos (14' x 14') and (2) floating docks (6' x 25') (G) Estimated Annual Rate of Erosion: N/ A Sourcc - N/ A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER ---------- ~ --- - ~ ---- (A) Vegetated Wetlands (B) Non-Vegetated Wetlands incorporated (Open water) 872 sq. ft. (C) Other (High and Low Marsh) 3090 sq. ft. (Shaded) (D) Total Arca Disturbed: 3962 sq. ft. (.091 acres) (E) Primary Nursery Area: Yes (F) 'Vater Classification: SA Open: No 8. PROJECT SUMMARY: The applicants propose the construction of a private shared pier between their properties that would terminate in (2) platforms with (2) gazebos and (2) floating docks. Form DCM-MP-l APPLICATION' (fo be completed by all applicants) 1. APPLICANT ~downer7 ~ SEe -SLlt.LlVAN 8ELctU ~. Name 12"oy c.. B.b..l N Address 29 0 q M t.lZ\LGi -S-r. City \A/lLM \ !\.16TON State ~C Zip ~ Day Phone Fax b. Authorized Agent: Name Du~C~~ Mt12tt0E Ccl~C1Otz.?a. Address J !f08 ~..STvJOOD Ko., .sUfTf:: 3/"1 City \J{LMIN~-rOt0 State tVC Zip ~ Day Phone 2'5w-4>(DZe> Fax '2-5'" - ~ 7 I r; c. Project name (if any) \.JIl>- I NOTE: Pmnil wiU be iss~d in name ofL::wJc-,.,ner(s), and/or proj~ct name. 2. LOCATION OF PROPOSED PROJECT a. County ~811 ~bi-JO\JE.l2- *" MlC\-\ALE 5UL-\...1"~ 5917 HCX-.LYHoLM -rrzACE Wi c.. M l N{sffe> ~ I ,...:)t::~ ~3 Revised 03/95 b. City, toWD, community or landmark \J./\ LM \ ~ C9.-r6 to , U C. c. . Street address or secondary road n'umber ,j..!-crr -, I ~OLLY~OLNt -rCZACE:. ..-r.. LOt CD d. Is proposed work within city limits or planning jurisdiction? V""'" Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) (...\I:WL~TT~ ct2EE~ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. PI~C2.. WI-rH ~-rIN6. t:Z)~? b. Is the proposed activity maintenance of an existing project, new work, or both? t...!EW c. Will ~e project be for public, private or commercial use? P~("~T~ 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. pU(2p~E ClF ~lh PRDJec-r [4 -r~ Przt>..!tOe= 6~ v..I.tsrEf2... AccE~ . ?~DbQ.o PtE12.. c.ot.):?i12~ M~n-{O~ vJ{LL~o;ED '....t.~ ~~ '7 2.~JIJ~ Form DCM.MP-l 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ~J I:::. . f b. Size of individual lot(s) Jj2 .:t X 220'1:.. c. Approximate elevation of tract above MHW or NWL O-,t:;f d. Soil type(s) and texture(s) of tract t-.:::J/A e. Vegetation on tract t-.J/6... . f. Man-made features now on tract F?:::Not'" {AT 1 buD ~1"IJ-)('). t-\:oose au ~7 ~ g. What is the CAMA Land Use Plan land classification of the site? (Q)nsulJ W wcalland IUt plan,) ..L Conservation _ Developed _ Rural _ Transitional _ Community _ Other h. How is the tract zoned by local government? ~I~~L~ ~\-o1ILY \-\ot-J1E:~ i. Is the proposed project consistent with the applicable zoning? ~ Yes _ No (Arzada zoning complianu urtijicalt, if appliaJhle) 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 o~ble property? C)_Yes _No I. Are there wetlands on the site? Yes \/No Coastal (marsh) V Other- If yes, has a delineation been conducted? (Anada doOlJfln1lalion. if available) Revised 03/95 m. Describe existing wastewater treatment facilities. C. \ '1"''( CS e. W AG,E ~~ <;. n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, .wash down. and re'\idential discharges.) ~f..!)e o. Describe existing drinking water 0Ply source. Cll'( \dA-n=D s: ~ ~ 5. ADDITIONAL INFORMATION In addition to the completed application fonn, the following items must be submitted: o 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 pennission from the owner to carry out the project. o An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 lIr by 11" white paper. (Refer to Coastal Resources C{lmmission Rule 7].0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must _be~ufficient1y detailed to guide agency personnel unfamiliar with the area to the I) -: ^;'!c:: , - ~ - ~ Form DCM-MP-l site. Include highway or secondary road (SR) numbers, landmarks, and the like. o A Stormwater Certification, if one is necessary. o A list of the names and complete addresses of the adjacent waterfront (riparian) lando\mef'S and signed return receipts as proof that such O\mer8 have recdvcd 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. ~ Jo'5~ 13. FoX-nr. Sq I z. HDLkY~c:t...1>4 T~CE. \LI'LM'fJ6ir~~/l.)c. '26409 lZ.hLPI-! C::;Evr~t-J t? q 1'7 \-{or...r...y\-\Ot.M ,rz,O.Ce: \.Ll't.M t ~ ~ To f'.), tuC '2S4-a 9 Name Address Phone Name Address Phone Name Address Phone o A list of previous state or federal pef"mits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ~o~ o A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. o A signed AEC hazard notice for projects in oceanfront and inlet areas. o 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 lands, attach a statement . documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 6. CERTIFICA nON AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application wiJI 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 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. 28 9P. wfPJ Thisisthe~ dayof~ ,-w:~ Print Name ~tz.LE:-? D{))..Y'~N Signature W.!'jJ;~ 4-. {)J~ Umdawrur or Awhoriz.ed Agml fi)/2._.:Du .:c.A t-J Please indi'cate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ OCM MP-3 Upland Development vOCM MP-4 Structures Information _ OCM MP-5 Bridges and Culverts _ OCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each fonn. ~tP '2 I 2805 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Ioint 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 X Private (2) Number I I (3) Length '?4-7 (4) Width G:.I (5) Finger Piers v Yes No (i) Number Z. (ii) Length I B' (Hi) Width <D ' (6) Platform(s) ~ Yes _ No (i) Number '2.. (ij) Length 14 ' (iii) Width 14-' (7) Number of slips proposed 2- (8) Proximity of structure to adjacent riparian propeny lines 411 (9) Width of water body 'CpO I (10) Water depth at waterward end of pier at MLW or NWL -4.7 'to b. c. Groin (e.g. wood, sh (1) Number (2) Length(s) tJ/A d. eetpile, etc.) 't-Jj A from MHW, NWL or (3) Rnised 03/95 e. Mooring buoys 0/ A (1) _ Commercial (2) Number (3) Description of oy (Color, inscri tion, size, anchor, etc.) (4) Width 0 water body (5) Distan e buoy(s) to be placed beyond shore ne . f P~O~I.I f. Mooring structure ~ mooring pilings, etc.) (1) _ Commercial_Community _ Private (2) Number Z. (3) Length Z S ' (4) Width Ca' g. Other (Gi~ compute description) c.t\t1~S DtJt.JCAN APPllamt\M~ed Nfl ~ ' UJ.A ~. lU .r- FbIA. SlgnatW't 'Z.8. S E:P 0 G'" Date 1- _ . -.~ \~, - ~ ~: ~J fJ 5 a 2" ~Lu -1U a~ 00::: o~ GREEN .s: VI LL E LL LL ~ -.1 m ~ <( o N ............ ....... NOT TO SCALE SITE LOCATION MAP ACCESS PIER WITH FLOATING DOCK (A JOINT PROJECT AT LOTS 6 AND 7) FOR: MICHAEL SULUVAN 5917 HOLLYHOLM TRACE WILMINGTON. N.C. FOR: ROY C. BAIN 5915 HOLLYHOLM TRACE WILMINGTON. N.C. BY: DUNCAN MARINE CONTRACTORS 1908 EASTWOOD ROAD. SUITE 319 WILMINGTON. N.C. DRAWN BY: Wm. H. WARREN. JR. SEPTEMBER zs 2005 SHEET I OF;? ...9 , A n ~ X , _ , _ . ...9. _ HW=-r-r.v . - . - . - . . _ , _ , --+x. _ . - ,,'). ,,'). 120' (NTS) ,,'1 .::' ~ ~ Eo'< e of Morsh Cross ",,-- - , , -:t . . - +.' - , '+.- , , +: . , - +.' -0.0 'iLW- , , * . . - . , - \t ~ \t \t ~ ~ \t '0- '.9. '0- '?-' '.9. .~- '0. ~ " ~ <) ~ ~ <) " OQ' ~, OQ' ~. ~. OQ' OQ' ----~---~----~---~----~---~---~------- FlOOO ~~ <o~ <0<) "\ ~ <0 <) <o~ <o~ <o~ <o~ +" _+' ' ~- ~. ' ~' -~' ;!- ;:' C HEM.ETTS CREEK b <) <) " <) <) t\. <) I OQ' OQ' OQ' OQ' OQ' OQ' OQ' ~ ----~---~~---~---~----~---~----~-----I- ~ PROPERTY UNE AND I . PROJECJ CENTERUNF; I ~ J ~ ~ ~ ~ ~ ~ ~ ~ ~ 26' 25' 14' 18' 14' 14' 25' 26' I PIERHEAD UNE I I ----- ;-r- 1----- o~ I I ...... "- ..... ':'...~ ~ 6'x25' " flOATING DOCK "-GUIDE PILE ..,~ ~ ..,~ +" ..,~ ':'...~ +" +" of' AIUr.slr GirJ!:5' ' , I ...~ I " ~-----:---1 I : I I .. I 15' I-- 1 aLAR i ~I: ~ >- o a::: u ~I ~ ~II <. ~.. - 0.0 MLW I I I -i~I... ~ I w z z :J I :J ~ I ~ MARSH GRASS ~ .... . ~x~9 ~ I ~ ~ ~ - ~ u ~ -I ~ I'~ X +1.7 ~~eJ ~--. 0Z~ <( -. 0 ~ -. t- t-. ____ 0: -, . 1, - -'- ~ ~49'7J'2 . _. ll'l ~ - PROP. OF: LOT 0 - ~ .......... RALPH CEVlNSON ,v/CHAEL IJ. Sf/LL/VAN - 5917 HOLLYHOL,v TRACE X +1.7 X +1.7 x t-.~ :gz X +1,7 ACCESS PIER WITH FLOATING DOCK (A JOINT PROJECT AT LOTS 6 AND 7) FOR: MICHAEL SUWVAN 5917 HOLLYHOLM TRACE WILMINGTON, N.C. FOR: ROY C. BAlN 5915 HOLLYHOLM TRACE WILMINGTON, N.C. BY: DUNCAN MARINE CONTRACTORS 1908 EASTWOOD ROAD, SUITE 319 WILMINGTON, N.C. DRAWN BY: Wm. H. WARREN, JR. SEPTEMBER t.~ 2005 SHEET 2. OF '3 X +1,6 ;1. '1 I 40 I - 549'1'; X H.O HW ~'-. - --- -., 11 24' CUI ~ LOT 7 ROY C. GAIN 5915 HOLLYHOLAI TRACE 20 0 , . SCALE IN FEET :-- (!) (!) to .e i -o,~ -':---,. ~ PROP. OF.' .JOSEPH B. FO% 40 I ! NOTE: THIS fiGURE BASED ON SURVEY BY: STUART y, BENSON, RLS 1 NORTH 6TH ST, 'MLMINGTON, N,C, DATED 1 MARCH 2005 ELEVATIONS BASED ON MLW=O,O z-o 0_ -t(TJ 6;0 (f) ~(f) fTl(TJ o -I o Z ~ -0 o )> r ~ x . ~ . 'U 0 (f) -t U 0 I~ -0 I~ 3'-6- -- I=: (J) Ulrrl () l}>o }>o ;0 r Ir;:l N /'T1 I~ x . co z 0-0 1+ . ;0 I~ " /'T1 0 Iff ~ .." I r rrl 'U'U fTl/'T1 ;:oZ rn~ c;:O -}>o r-t 0- -0 ~z () o o fTl rn 00l OZ' =1 OlQ g I'~ o-t :;; · ;:0 ~ ()~ fTl fTl-t (f) ZfTl r;:lo BlJl r fTl )> en "T1 "T1 () f'TI ~ ~ 0 0_ () "U ___ .. ;U ;0 > fTl -i--- .... ~~ ~tOg ;;~~ ;;~~Q ~ Ww s::OZ ~.....-< ~.....()Z ~ -< _ OJ () _ 01 _ '-I;:: -i "U .-v.. Z >Z C1Z --- - r:-a c>~Z c>::I:' c>::I:f'TI"U fTl (p ~ d (J)s:: d f2~ df2: ~ ;U ~. ~:4>~~-_z~cfT1 <: o O~::I:Z ::I:rC1::: 01:r: zoz zo ZoC-i-i -cOOf'TIOr Or~>::r: -<:' . s:: . S::Z-i ~ ;0 C1 "T1 en;U 00 -i -i rr .....;u >z;U ;0 00 ......f'TI o-i > >-i f'TIZ -;0 (") C1 en)> ~- en~ f'TI f'TI ~ c.... C-i Ol z tJJ ::0 =i 0 )> G> ITI~ Z "" 0 C) '-10 "'-JO ^ o "T1 CD u1 }>OC) Z}>O 0;< (f) 'Urn -0 ^r 8-t ~ =: l; ::c fTl ;:0 (f) o M NON R X' ZX' ON~ M : 1- r -o~ g :~ II c ()z + rn MC) -..j M ~g u. '-' M (f) It- ;:0 (f) u o ~ :r : I :1 l ; I I ! I I I : I : I ~ : I ~ I :r: /'T1 I :: r I 1 II II l + + I I -!'- ;-J I 0 (Jl I : I H- I ~ I I I WI OJ I 9 I o I c;> I I, l I Oll . 1 I 01 1 I 1 I I I 1 I I I I 1 1 I 1 : I ~~ ~ ;;: ~ N 0 ~ t "U ;0 0 "U f'TI ;;0 -i -< ~ C Z f'TI ~ (Jl Z 0 -i -i 0 (J) () > r f'TI GRASS LINE ~ q 1-.- 0_ ~~. ^ --- --i o o "U "U o ~ o /'T1_ Ol ~q > (J) (J) C Z /'T1 '-' GRASS LINE' If' AWA 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 4, 2005 Please insert the enclosed sheets into your Roy C. Bain and M. Sullivan CAMA Permit Application Review packet. It was inadvertently omitted. Sorry for any confusion, Shaun Simpson Administrative Assistant \o)@@@~~@~ ~ OC:\ G 2GGS R QUt\LI\'i lCf\ OENR' W/>.i~~ltll~1t.R BR#. ,;,'8VJlQS N1D Si\J\\i 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\ FAX: 910-395-3964 \ 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: Roy Bain and Michael Sullivan 2. LOCATION OF PROJECT SITE: Lots 6 and 7 in Hollyholm Trace, adjacent to the Hewletts Creek, in Wilmington, New Hanover County. Photo Index - 2000: No coverage 1995: No Coverage 1989: No Coverage State Plane Coordinates - X: 2345449 Y: 163602 3, INVESTIGATION TYPE: CAMA ROVER FILE # - 0-092916A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9-29-05 'Vas Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 9-27-05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - WilmingtonlNew Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, CW (C) 'Vater Dependent: Yes (D) Intended Use: Private (E) 'Vastewater Treatment: Existing - City SeVv'er System Planned - N/ A (F) Type of Structures: Existing - Vacant Lots Planned - Pier (6' x 547'), (2) platform (6' x 15'), (2) gazebos (14' x 14') and (2) floating docks (6' x 25') (G) Estimated Annual Rate of Erosion: N/ A Source - N/ A 7. HABITAT DESCRIPTION: DREDGED [AREA] FILLEQ OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (Open \vater) (C) Other (High and Low Marsh) incorporated 872 sq. ft. 3090 sq. ft. (Shaded) (D) Total Area Disturbed: 3962 sq. ft. (.091 acres) (E) Primary Nursery Area: Yes (F) 'Vater Classification: SA Open: No 8. PROJECT SUMMARY: The applicants propose the construction of a private shared pier between their properties that would terminate in (2) platforms with (2) gazebos and (2) floating docks. Bain and Sullivan Page 2 9. PROJECT DESCRIPTION: The project site is located at Lot 6 and 7 in Hollyholm Trace Subdivision, adjacent to Hewletts Creek. The site is located in the City of Wilmington in New Hanover County. To locate the property from Oleander Dr. (NC HighwayI7), turn onto Greenville Loop Road and travel west past Bradley Creek Elementary School approximately 1.5 mile. Turn left on Hollyholm Trace Road and the road will terminate to the properties of interest. The lots are approximately 0,56 acres with approximately 115' of shoreline frontage each, The lots average 10-15 feet above mean sea level and the shorelines are stabilized by vegetation. Highground vegetation consists of lawn grasses and hardwood species including: Oak, Holly, Maple, and Pine trees, Waterward of the upland vegetation is an area of high marsh consisting of mixed coastal wetlands and "404 type" vegetation, which include Marsh Elder (lva frutescens), Grounsel-bush (Baccharus halimifolia), Wa:x Myrtle (lvfyrica cerifera L.), Spike Grass (Distichlis spicata) and an area approximately 600' wide towards Hewletts Creek consisting primarily of Black Needlerush (JZl/1CllS roemerianlls). The properties transition from high marsh to low marsh of an area approximately 60 feet wide towards Hewletts Creek, consisting primarily of Smooth Cordgrass (Spartina alterniflora), Waterward of the low marsh are several areas of oyster reefs visible in the mud flat at low water. The WilmingtonlNew Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjac.ent high ground portion of the project area as Resource Protection. The waters of Hewletts Creek are classified SA by the Division of Water Quality. They are designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish, PROPOSED PROJECT: The applicants propose to construct a private pier system at a distance of (6' x 561 ') bet\veen their two properties that would terminate in (2) platforms with (2) gazebos and (2) floating docks to\vards Hewletts Creek, The pier would extend approximately 100 feet beyond Normal High Water (NHW) and 40' beyond the marsh, The pier would terminate into (2) access platforms (6' x 15'), one to the west side and one to the east side of the pier, which would run parallel to the shoreline over open water. The platforms would then each terminate in (14' x 14') gazebos on the west and east side of the platforms. Ar1 access ramp would then lead to a (6' x 25') floating dock parallel to Hewletts Creek from each gazebo. The applicants propose to accommodate (2) slips for each floating dock, which would provide docking space for up to (4) vessels total. The applicant depicts in the top view plan and the side view plan of the attached application that the existing water depths from the shoreline to the proposed floating docks location range approximately -2.9' to -4.6' at mean low water (ML W). Based on site visits by staff members from the N.C. Division of Coastal Management and N,C. Division of Marine Fisheries on September 15th, 22nd and 29th, 2005, staff determinations of the water depths at this location of Hewletts Creek were approximately -1.25' to -2.0' (ML W) from the proposed dock location, to the center of the creek. Bain and Sullivan Page 3 10. ANTICIPATED IMPACTS The proposed pier system construction would incorporate 872 sq. ft. of Estuarine Waters and Pubic Trust Area and 3090 sq. ft. of Coastal Wetlands due to shading, Minor increases in turbidity should be expected during construction. The proposed pier would extend approximately 40 feet into a waterbody which measures approximately 160 feet across, \vhich would conform with the 1/4 width rule and the established pier lengths, Due to the limited amount of water, approximately -1.25' to -2.0' (ML W) located at this location of Hewletts Creek, there \vill be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of the creek. . ~~~i;;;N>>~~~~~~D~~:~\~<<1~;7'-M;~~x=~w~~~\~;\~;~~~P:;;it<N~:nb~;w~l l NEW 187 -05 :~ ~ STATE OF NORTH CAROLINA ~ f: Depmtment of Environment and Natural Resources ~ ~ and ~ :~ Coastal Resources Commission f I ~lfJtnHtt ~~@{gO\'!7(g~ i ~ for DE~ 2 9 2005 t l Major Development ill an Area of Environmental Concern ~ pursuant to NCGS 1131\-118 DENR.WATERQUALlTY ~ WETWIDSNlO STOt'lM\\'ATER BRAllCH ~ ~ _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Roy C. Bain and Michael Sullivan, 2909 Market Street, Wilmington, NC 28403 Authorizing development in New Hanover County at Hewletts Creek, Lot 6 & 7 Hollyholm Trace, Wilmington , as rcquestcd in the permittee's application dated 9/28/05, including the attached workplan drawings (2), 1 dated 10/25/05 and 1 dated corrected 12/12/05 This permit, issued on DecemlH'r 21, 200.'; , is subject to compliance with the application (wliere cons1ste with the permit), all applicable regulations, special conditions and notes set forth below, Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void, Docking Facility 1) No portion of the permitted docking facility shall extend more than 1,4 the width of Hewletts Creek, which is measured from the edge of the coastal wetlands on either side of the creek. 2) In order to ensure compliance with condition No. 1 of this permit, an as-built survey shall be performed on the docking facility, and a copy of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. 3) 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. (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, Any maintenance work or project modification not covered hereunder requires further Division approval. ~:;-\ ,4f J /~ f-:.;'. d V II _.r (7 A;: , es S. Jones, Director Division of Coastal Management This permit must be accessible on-site to Department personnel when the project is inspected for compliance. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 I In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permi: ~~:;~=:~:~~:;:::~~~~?~~~V~'~~~~~~~l~:=;s~-l f. Page 2 of3 ~ ' I * !: ADDITIONAL CONDITIONS ~ ~ ~ ~ * ,. " ~ :f. { } l ~ ~ ~ I .~: 4) :~ ,. $ :.; .,. { ~. ;; 5) :} . '( * ~ f * ); I. 6) 7) IS) 9) Any portion of the permitted access pier 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, This permit authorizes only the docks, piers, and othcr structures and uses located in or ovcr the water that are expressly and specifically set forth in the permit application, No other structure, whether floating or stationary, shall becomc a pcrmanent 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, No attempt shall be madc by the permittce to prevent thc full and free use by the public of all navigable waters at or adjacent to the authorized work. 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 shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration, 11) The authorized project is located within a Primary Nursery Area (PNA). Therefore, in accordance with TI5A: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. . f~'~:;~';::::=:~:~~~~~~~:~~<<<<v~~~~:,~~>>~x<<~~~<<<<~~<-*x;:::~~;~~~I ~ Page 3 of 3 ~ ~: ADDITIONAL CONDITIONS :~ ::: t ',' ~ :': 12) The \Vest Indian Manatee (TrichccllS }]/(/lZotllS), which is listed as a federally endangcred species, has ~ ~ been reported in North Carolina waters, In order to protcet the West Indian Innnatee all work should be ~,' * donc during the period from November 1 to May 31. If work Inust be done during the period from June ~ ::: through Octobcr the encloscd guidelines, cntitled "Precautions for Gencral Construction in Areas \Vhich *i ~ may Bc Used by the West Indian Manatce in North Carolina" shall be followed, :~ * t * NOTE: This permit does not eliminate the necd to obtain any additional state, federal or local permits, x ~ 7. ~ approvals or authorizations that may be required. f. i '( ::: NOTE: ~ ~ Future development of the permittcc's property may rcquire a modification of this permit. Contact a rcpresentative of the Division at (252) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependcnt activities are not authorized within 30 fect of the normal high watcr level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051872. ~ NOTE: The u.s. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200600010. ~::::::::::Q:::;..x:l:::::::X~X...x:;:::::::::~~~;;::;:::::::::::::::::::::::~~ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WilMINGTON, NORTH CAROLINA 28402-1890 CL"\ y:- .~ \\-22-05 [) S - \ g, ~ IN REPLY REFER TO January 17, 2006 Regulatory Division Action ill No. 200600010 and State Permit No. 187-05 Roy C. Bain and Michael Sullivan 2909 Market Street Wilmington, North Carolina 28403 ~~@~nw~~ JAN 2 5 2006 DENK' Ij;"1 toR QUAL'T'( IIWJU)~NlQ l;TQfVAWATER bRANCH Dear Messrs. Bain and Sullivan: Reference your application for a Department of the Army permit to construct a private shared pier between properties located at Lot 6 and 7, in Hollyholm Trace Subdivision, adjacent to Hewletts Creek, Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with the attached special conditions and the State authorization and the approved plan (enclosed). Failure to comply with the Federal and State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without 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 Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 2