20051946 Ver 1_Complete File_20051018

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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
November 23,2005

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NOV 3 0,.2005
, ,

Mr. IrIenry Wicker
U. S.; Army Corps of Engineers
WilQlington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

DENR - WATER OUAUTY
WETl.ANDs AND STORMWATER BRANCH

Subject: Action ID # 200600050, George Cameron, New Hanover County, NC

DeaF Mr. Wicker:

Thislletter provides the comments of the V. S. Fish and Wildlife Service (Service) on the subject Public
NotiK:e (PN), dated October 21, 2005. The applicant, Mr. George Cameron, has applied for a Department
of the Army (DA) permit to extend, and make other additions to, an existing pier. The proposed work is
being considered under Regional General Permit #198000291, a permit/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.
401J as amended; 16 V.S.C. 661-667d). Comments related to the FWCA are to be used in your
detdrmination 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 offish 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).

Project Area, Proposed Activities and Anticipated Impacts

The project area, proposed work, and anticipated impacts area discussed in the Field Investigation Report
(FIR), dated, October 17,2005, of the North Carolina Division of Coastal Management (NCDCM). The
project area is on the mainland of New Hanover County adjacent to the Atlantic Intracoastal Waterway
(AIWW). The waters are classified as Outstanding Resource Waters (ORW) by the North Carolina
Division of Water Quality. The area is not designated as a primary nursery area (PNA) by the North
Carolina Division of Marine Fisheries. The 5.45-acre lot of the applicant has a 6-foot-wide by 300-foot-
long pier extending into the AIWW. The FIR states that there is a strip (approximately 50 feet wide) of
high marsh adjacent to the uplands and a strip (approximately 225 feet wide) oflow marsh extending to
the: open waters of the AIWW. The permit application to the NCDCM states that the existing pier
te11JIlinates in the marsh approximately 60 feet from open water. There is a "natural oyster shell bank," 10
fee~ by 60 feet, just waterward of the L-head platform of the existing pier.

ThF applicant proposes to extend the existing pier an additional 230 feet. He also proposes to construct a
pla,tform, boathouse with a boat hoist, floating dock, and four mooring pilings. The extension would
all9w boats to be docked in water three feet deep at mean low water (ML W). The structure would
prQvide docking space for up to three vessels. The proposed work would incorporate 1,684 square feet
(ft1) of estuarine waters and public trust area. Approximately 180 if of coastal wetlands would be
. shaded.

'!-

2

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 special status species, both federal
~d s~e. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological
Surve~ (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 Scotts Hill quad. The
occurr~nce data of special status species within this quad can be obtained on the internet at <
http://www.ncnhp.org/Pages/heritagedata.html > under the Database Search section.

Our r~view indicates that the only federally protected species under Service jurisdiction that is likely to
occur in the project area is the West Indian manatee (Trichechus manatus), a federally-endangered
mam~al. While there are no current records for the manatee in the Scotts Hill quad, the species is known
to occur in the estuarine waters of New Hanover County. The shallow, estuarine waters of the AIWW
may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and
are s~sonal 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 determine the likelihood that it will be
present at a particular construction site.

It is ~ikely that the waterward portion of the proposed work, the area in which the boathouse and platform
would be constructed, could be used by manatee during portions of the tidal cycle. Pile driving in this
area poses a risk to manatees. To protect manatees in North Carolina, the Service developed guidelines
entitJed "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee
in North Carolina." These guidelines address all types ofin-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
proqedures for reporting the death or injury of a manatee. These guidelines are available on our web site
at <Ihttp://nc-es.fws.gov/mammal/manatee guidelines.pdt>. The risk to manatees could be reduced to an
acc~ptable 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.

If the Corps' public interest review should lead to the issuance of the DA permit, there should be
condition requiring the implementation our manatee guidelines. With such a permit condition, the
Service would concur with a determination by the District Engineer that the proposed actions are not
likc;:ly to adversely affect threatened or endangered species under our jurisdiction or their designated
critical habitat. The requirements of section 7 of the Endangered Species Act would be fulfilled.
However, section 7 would need to be reconsidered if: (1) new information reveals impacts ofthis
ide;ntified 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

The Service is concerned that the stated plan to create a slip for a 42-foot trawler poses a risk to estuarine
resources in the area. Project plan indicate that this slip would be landward from the three-foot water
d~pth at ML W. A brief review of vessels this size on the internet indicates that such a trawler is likely to
require a draft of over 4.5 feet. There is a concern that the vessel would rest on the bottom during low
tide. Street et al. (2005, p. 391) state that when docks are permitted in very shallow water, moored boats

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3

may actually sit on the bottom for a large portion of a tidal cycle. In such situations, these vessels cause
"considerable turbidity or prop wash when attempting to motor to deeper waters." This damage can
"significantly reduce primary or secondary productivity." In the present case, the natural oyster bank
immeqiately waterward of the existing L-head could be harmed. There is also likelihood that dredging
may b~ requested in the future to allow such a large vessel access to the AlWW throughout the tidal
cycle. i

In order to preserve water quality, protect fisheries resources, and improve safety for residents using the
dock, the Service recommends that the coordinated federal position (CFP) request the NCDCM to require
the applicant to limit the size of boat allowed at the dock. The NCDCM permit and any DA permit
should specify that the draft of boats using the enlarged dock must not exceed water depths at ML W.
Boats !should not be expected to rest on the bottom during the normal tidal cycle. Project permits should
state ~xplicitly that vessels using the permitted facility should be of appropriate size to avoid significant
turbidity produced by prop wash. Furthermore, the fact that moored vessels do rest on the bottom during
low water should not be used as justification for future requests for dredging between the boathouse and
the AIWW.

With adequate measures to protect manatees in the work area, the Service does not oppose issuance of a
conditional DA for the work described in the FIR. The coordinated federal position should request a
pe~t condition specifying that boats using the permitted dock should be of appropriate size to avoid
harmful prop wash when traveling to the AIWW and that docking of vessels which cannot access the
AlWW during lower water will not be considered as justification for dredging in the future.

The Service appreciates the opportunity to comment on this permit application. If you have questions
regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at <
howard _ [e-mail] >.

Sincerely,

fYl./u lJ~

~ Pete Benjamin
~t~ Ecological Services Supervisor

Literature cited:

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 <
http://www.ncfisheries.netlhabitatlchpp28.html >].

cc:

Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA
ROlfl Sechler, NOAA Fisheries, Beaufort, NC
Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC
FriF Rohde, NC Division of Marine Fisheries, Wilmington, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC

"

Micha~1 F. Easley, Governor
,

AVA
: ~CDE~R

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director

20051948

William G. Ross Jr, Secretary

Octo1l>er 18, 2005

ME~ORANDUM:

, TO: I
!

Cyndi Karoly, Supervisor
401.0versight and Express Permits Unit
Division of Water Quality-Surface Water Protection

m [g@[gOW[g ~

OCT 2 0 Z005

FROM:
,

Doug Huggett, Major Permits Coordinator

SUBJECT:

CAMA Permit Application Review

DENR - WATER QUALITY
WEllNilSANO STORMWATER BRANCH

Applicant:

George Cameron

Projrect Location:

1929 Middle Sound Loop' Rd., adjacent to the AIWW and Middle Sound in
Wilmington, New Hanover County.

Proposed Project:
I
I

Applicant proposes to extend an existing private fixed pier, construct a platform,
boathouse with a boat hoist, floating dock and four mooring pilings.

Ple~e indicate below your agency's position or viewpoint on the proposed project and return this form
by November 11,2005. 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:
I

_ This agency has no objection to the project as proposed.

_ This agency has no comment on the proposed project.

. _ This agency approves of the project only if the recommended changes are
incorporated. See attached.

_ This agency objects to the project for reasons described in the attached comments.

SIGNED

DATE

127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

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

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: George Cameron

2. LO<CATION OF PROJECT SITE: 1929 Middle Sound Loop Road adjacent to the Atlantic
Intracoastal Waterway and Middle Sound, in Wilmington, New Hanover County.

Photo Index - 2000: 22-277, M,L,-23 1995: 22-259, L,M-12 1989: 4-175-18, R,S-8
Sta~ Plane Coordinates - X: 2370308 Y: 188060

3.

I
INViESTIGATION TYPE: CAMA

ROVER FILE # - 0-101118A

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-l0-11-05
Applicant Present - Yes

5. PR0CESSING PROCEDURE: Application Received - 10-17-05
Office - Wilmington
6. srrn DESCRIPTION:
(A) : Local Land Use Plan - New Hanover County
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW, CW, OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E} Wastewater Treatment: Existing - Septic System
Planned - N/ A
(F)i Type of Structures: Existing - Single family home, pier (6' x 300') and L-head platform
Planned - Pier (6' x 230'), (1) platform (16' x 16'), (1) boathouse
(10' x 16'), (1) floating dock (8' x 16'), and (4) mooring pilings.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/ A

7.

HABITAT DESCRIPTION:

[AREA]
DREDGED FILLED

OTHER

(~) Vegetated Wetlands
(B) Non-Vegetated Wetlands (incorporated)
. (Open water) 1684 SQ. ft.
,
(C) Other (Low Marsh) 180 sq. ft.
(Shaded)

,
(D) Total Area Disturbed: 1864 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW

Open: Yes

8. PROJECT SUMMARY: The applicant proposes to extend an existing private fixed pier, construct a
platform, boathouse with a boat hoist, floating dock and four mooring pilings.
I

Cameron
Page 2

9. PROJECT DESCRIPTION:

The project site is located at 1929 Middle Sound Loop Road, adjacent to the Atlantic Intracoastal
Wat~rway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market
Street (NC Highwayl?), turn onto Middle Sound Loop Road and turn right at Ogden Elementary School.
Trav~l east approximately 2.5 miles and the property of interest will be located on the right. The lot is
apprpximately 5.45 acres with 180' of shoreline frontage. The lot averages 20 feet above mean sea level
and the shoreline is stabilized by vegetation. The applicant maintains a single story single-family
residence. There is an existing private elevated pier (6' x 300') that extends out towards the AIWW and
terminates in a "L-head" platform. The applicant states that the existing pier was built in the 1960's and
has been maintained throughout the years. Just waterward of the "L-head" platform is a natural oyster
shell bank measuring approximately 1 0' x 60'. Highground vegetation consists of lawn grasses and
I
om~entallandscaping. Upland vegetation includes Fig, Magnolia, Dogwood and Oak. trees.
Wa1erward of the upland vegetation is an area of high marsh approximately 50 feet wide consisting of
mb{jed coastal wetlands and "404 type" vegetation, including: Marsh Elder (Ivafrutescens), Grounsel-
bush (Baccharus halimifolia), Wax Myrtle (Myrica cerifera L.) and Salt Meadow Grass (Spartina
patens). The property transitions from high marsh low marsh in an area approximately 225 feet wide
extending to the AIWW, consisting primarily of Smooth Cordgrass (Spartina alterniflora) and Sea
La~ender (Limonium carolinium).

The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent
higjh ground portion of the project area as Resource Protection. The waters of the AIWW and Middle
Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary
Nursery Area by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.

paOPOSED PROJECT:

Tile applicant proposes to extend an existing private fixed pier measuring approximately 6 feet wide by
300 feet long a distance of230'. The applicant also proposes to construct a platform, boathouse with a
boat hoist, floating dock and four mooring pilings. The pier would extend approximately 230' beyond
Normal High Water (NHW) and the marsh in an easterly direction towards the AIWW. The pier would
t~ate in a platform (16' x 16') over open water and a boathouse (10' x 16') located on the north side
of the platform. The boathouse would have a boat hoist mounted from the ceiling. Both the platform
and boathouse would be covered under one roof with dimensions of 16' wide by 30' in length. A
flloating dock (8' x 16') would be located on the north side of the pier, and would be accessed by a ramp
I
f10m the landward side of the platform. The floating dock would be attached perpendicular to AIWW.
Flour mooring pilings would be installed on the south side of the pier and platform, (2) would be
installed adjacent to the pier and platform and (2) would be installed 16' south of the platform and fixed
pier. The applicant states that the mooring pilings would accommodate a 42' trawler. Additional
q.ockage is also proposed on the north side of the floating dock and within the boathouse. The structure
would provide docking space for up to (3) vessels.

Cameron
Page 3

10. AN1rICIPATED IMPACTS
I

The proposed pier system construction would incorporate 1684 sq. ft. of Estuarine Waters and Pubic
TruSt Area and 180 sq. feet of Coastal Wetlands due to shading. Minor increases in turbidity should be
expected during construction. The proposed pier would extend approximately 230 feet into a waterbody
which meastires approximately 674 feet across, which would conform with the 1/4 width rule and the
established pier lengths. The proposed structures would not encroach into the adjacent riparian corridor
15 foot setback and into the 80-foot setback from the AIWW.

Submitted by: R. Mairs Date: 10/17/2005 Office: Wilmington

Form DCM-MP-l

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A PP1:!r TfC~ IA 1T1TTO' ~~~
\\ ,. ' .:: . Li ~\ ~\\1' 11 fl.} l\'>

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(To be completed by all foppHcs.nts)

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1. f4>PLICM,JT

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,..!. l..4ndOV,,'GE:-:

Name 6€oR~ ~ CA-M 6Rot--l

Address \~t~ "",~1>L:Q cs.ovtJD
L..OOP r<.oA"D
dty IN I 'L """'ItJ"" 0 ~ State N C

zb _?~ill_ Day Fhone S" 4 6 ~,,'117

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b. l~uL:iJrizeG /. ge~lt:

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State

Zip .___ N.~ D,~y Phonr. ___~_

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c. Project name (if ;my)

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t~-.,._~~..,,,..~~.~...,,,.=~~",,"ol:";,,""'::';'o!:--'~~~......::I!t::".\:-~~.-=-~.~,~

;t. L,CCAtfK(;',.; OF PRCFOSED

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8.. Connty ~t2v--1 H. ~NOV e~

t~e...-is'26 03/95

b. Ciry, town, community or Iwdmark
06vet-J

c. Str~et addres:; or :;e~ondary road number
1. ~2~ M It)pt..e 50\JtJP LOOP R~

d. Is proposed work within city limits or planning
jurisdiction? ~_ Yes _ No

e. Nzme of body of water nearest project (e.g. river,
creek, sound, bay) J: c. v../

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3. D2SCRIPTION AND PL..A.l,-{I\t:D USE
OF PROPOSED PROJECT

t..::-"...;;aar;.~.~."",~.~......::-~.'1;=~~__..-.--::,;:.o<;:...~"".,~...._. ,"

a. List all de....elopment activities ymJ l':GpOSC (;:~.Z.
building a home, motel, marina, buH:he.:d, pier, and
e;:cavation and/or fiiliog activities.
?tE~ t='krENSJP_~_
-C,2 F.,.. OVE'R_M--AR-oH-
'ib \V P II: R
.lb~ ~T oVt::e l.AJAlr;R
10 .P\1SR l4GAD L.l N€
b. Is the proposed activity maintenance or an existing
prcject, new wor!:, or boG"!? fJE'Y'V' E.x.::LIE:N~1 C
OF fii"XI StT)t-J ~ P1SR.
c. \Villll?e project be for public, private or coITh'11ercial
use? r:'a , V A-I G

d. Give a brief description of pUfP'ose, use, methods of
c.onstnlction cuid daily operations of proposed
project. If more space is needed, please ati:2.ch
l:i.dditional p"..&es. eX,::1T 1tJ 6i .--.f' G~
e~'P ~ INI 'T14t:; MQRSH-
__GO' 'F~ ~t-J\ Opr=:; tJ w~eR..
__S ~""'~N ~J~~I ~r1-l- A Lt..OL
1=' It M 11.. "f -r 0 .,. \ 15" U P 60A'1
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Form DCM-MP-l

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4. ~AND AND WATER
fHARACTEPJSTICS

T .,-- ~--1II

m. Describe existing wastewater treatment facilities_
CV~~G;~Tt.."""" S~~""(:..
TANK Be ~IE''-'D

a. Size of entire tract ;; . 4- 5 f\ C.~€~ n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individu:<llot(s) i l oj - \ '? 6')( \ 0 l2 ' wastewater, industrial/commercial efrluent, Mwash
f\c... i'V~t.t:1 "L" 5:>1; A"PE'. S E:.e- A,iA-GH-raP down" and r~idential discharges.) tJ D tJ ~ .
c. f.pproximate elevation of tract aboye MHW or A~IAt,
N\VL~VE~A-6~5 20

Plt2.Se 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 a..Tl
adequate number of quality copies are provided by
appiicant. (Contact the U.S. Army Corps of
Are there wetlznds on the site? _ Yes ~ No Engineers regardh'1g that agency's use of larger
CO<lSt\1 (marsh) tV' Other drawings.) A site or location map is a part of plat
If yes, bas Q deli~ been conducted? ::: ,:"::: ."::: ~-' requirements and it must be sufficiently detailed to
(Anact. da=;;~J::.':liofi. if avcil.abk) C...= ;',: V:T ~'". ;: 7' -\, ,\;,-guide agency personnel unfamiliar with the area to the
-' -' -.-; '-'; \~. j ';l\...;

d. ~oil typ~(s) and te~ture(s) of tract
SA"-lD

e. \';:._-:-.~tntion on tract vv o~:;;J cs.

f. ,},{a!1-r.lade fe-:;,tures now on tract "5' tJ 6.1. ~
~MU...Y ~~\JSE-

,
\1h2.t is the CA1\-11-.. Land Use Plan land
cl2.'isirication of Ule site? (ConsulJ tite local land US~ p!ar.,)

'__'~_ Ccns::r-,':::.tio:1
;___ Deveicpf..d
1___ Rural

_ TransitioncJ
_ Community
Other

h. How is the tr<.ct zoned by local government?
1_ R-2o CS

1. Is Lle pwposed proje-Ct consistent with the applicable
wIling? ---L Yes _ No
(.~:Uich xc....);;:; ccr;zpi.i:.dJiC~ ct!nifiCGI~, if applicable)

J.

HG.S a professional archaeological as7sment been
done rOi the u-act? _ Yes No
If yes, by whom?

1"

Is Lie j.JfOject located in a National Registered
Histo;:ic District or does it involve a National
Register Iiste-d or eligible property?
_Yes _~No

L

~cc .,
..1 L! tJ

o 2005

::e\~ci .03/:;"":;

o. Describe exist~ drinking water supply source.
! vv en.. L.

5. ADDITIONft,.L INFORMATION

In addition to the c.ompleted application fonn, the
following items must be submitted:

o A CJPJ of the rleed (with state application only) or
oll]er 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
fonvard a copy of the deed or other instrument under
which tie owner ciaims title, plus written permission
from the owner to carry out the project.

o /.'-'1 Iiccurate, date{j work plat (including plan view
and cross-section?J drawings) drawn to scale in black
ink on an 8 lIr by 11 M white paper. (Refer to
Coastal Resources C(\mmission Rule 7J .0203 fora
det2.iIed description.)

o A list of the names and complete addresses of the
adj:1rent waterfront (riparian) lando't\-neTS and
signed return receipts as proof that such owna-s
hav~ received a copy or the applicstion and plats
b)" C-el-tified mail. Such landowners must be advised
that L1ey 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 .,... oH- H J ~ 11 AR I AtJ /\)~ LA~ I certify that I am authorized to grant, and do in fact,
Address '0 -4 C.OA~"'AL & L \) 1= Sa C.T. grant permission to representatives of state and federal .
Ptrtnre ~AHPSISFA'P C. 2 ~'3 reviewagenciestoenterontheaforementionedlandsin
7 &.lOlJ e; q, o~' 'l...1 ~ .;.. I O~' ~ ;"\ connection with evaluating information related to this
~ to VJ ~ P (~,:oP-Ei2, \ ""i To ~OR"'-l!.t permit application and follow-up monitoring of the
~s project.
pl. "T'"
FR ~k A__9c. .,..C;I2.'E'S,A :l""ANIE"L.S I further certify that the information provided in this
NaJ!r:e W~. Ie 0 ~ 04 . . .
Ad~~e.<:s Le, ~ N G 2.7. 0 _ i \8 application IS truthful to the best of my knowledge.

PhJne /~:J~t:pR~~~~~~~~V1lJ').
. (..: This is the 2. 9 day of~~rl_, U6~.
o A l~st of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name G~6iZtAl!' C~~O,.j
permittee, and issuing dates. ~ ~ .
N6Ne Signature ~
La:ndo or AuJhcnz.t!d Ag~J

F~rm DCM-MP-l

.~.

site. Include highway or se".A>ndary road (SR)
numbers, landmarks, and the like.

() A Stormwater Certification, if one is necessary.

e t. p'lz.cl{ for $250 made payable to the Department of
E~~iironment, Healt.;, and Natura! Resources
(DiEHNR) to cover the costs of processing the
application.

o A signed ARC h~rd notice for projects in
ocea.'1front and inlet areas.

6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

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

Please indi'cate attachments pertaining to your proposed
project.

_ DCM MP-2 Excavation and Fill Information
OCM MP-3 Upland Development
" OCM MP4 Structures Information
OCM MP-S Bridges and Culverts
DCM MP-6 Marina Development

{) A SU.1.terr-.e..'1t of compliance with the N.C. NOTE: Please sign and date each attachment in the
E$vironmental Policy Act (N.C.G.S. 113A - 1 to__ .,_ " _ spa..f~provided at the bottom of eachfonn.
10) If the project involves the expenditure of public .- ::.:. '.-, :::: :.:: U
funds or use of public lands, attach a statement:>:::\, ...\i;, -..: 7C:\, i\JC
documenting compliance with the North Carolina
Environmental Policy Act.
,

Rc;i.scd 03/95

CCD
)L

'1 ~ ""0'15
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. Form DCM-MP-4

STRUCTURES

(Constructiml within Public Trust Areas)

-

Attach this fQrm to Joint Application for CAMA Major
I .
Pennit, Fo~ DCM-MP-l. Be Sure to complete all
other sections of the Joint Application which relate to
.' L'1is proposed project.

a. Dock(s) and/or Pier(s)
(1) - Commercial-:.....Community V Private
(2) N~mber L ,
(3) L~n2T.h 300' E'Xl~T~~,2~O ~OfD5ep (4)
(4) Widili I.. E lC"Tllf 1..1 ~ IDlJ 1l\S5l
(5) Fing~r Piers _ Yes ~ NO(-r~J~:~ "E
(ij Number ~ J"\
(Ii) Len~.h f\) '~ f.
(iiij Width f\\ t\
(6) PI~orm(s) ~ Yes _ No
<D Number \
(Ii) Lengili ;1. '
(iiij Width', .fir ·
(I) Number of slips proposed 13
(8) Proximity oi SLrucrure to, adjacem riparian
prop=:-;:y lines 4b" I
(9) WidLb of war=:- body ~ 1 ~
(10) Ware:- depth at war::--;;ard end of pie:- at
?v1L W or ~'"VrL 3~ ""' f.. w

e. Mooring buoys
(1) "LIL Comrnercialwt\ COmmunitytfh.. Private
(2) Number I\l fT
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
tJ A

Width of water body N ~
Distance buoy(s) to be placed beyond
shoreline N A

Mooring structUre (boatIift, mooring pilings, etc.)
(1) ~~ Commerdalt!iLCommunirv IiA. Private
(2) Number 4___,.1'4 e,tlR II\)~ f'PLE~
(3) Le.ngr.h I ~ it tot I ~I!L
(4) Width -:l.~~:tf!
f30A'TLI F,. '~1?:.o ~TI-\OU~E
g. Other (G..,~ Cf.rr=:~u ~=c:-i::::ion) ...".,.
~X 'b FLOJ:i J 1t0G. :DOGK.

b. BoathOUSe [mcluding CJveree IifLS)
(1) , ./ COI:Jme:cial I
(Z) Le::1g-:.h .tG.
(3) Width It>

P;ivate

c.l2" OR(;G C #\1-1 e-ROlJ

;;t'lt~
S"ag!1a
10-' '=> -OS

C. Groin (e.g_ wood, 5l:r-"'trlile, etc.) ., ,
(1) Number f'\j A
(2) Len~.h(s) N f1

Da~

d. BreJ.kv.-ater (e.g. Woop, sh~ile, etc.)
(1) Len~.h N Pi
(Z) A vcrage dis-..ance from MEw, NWL or
wetlands rJ ft
(3) Maximum disL2!lce beyond MHw, NWL or
wetlands N A
I

RECEIVED
OCMWILMINGTON, NO
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..),.J J ... j 4....,:

Reyisc:d 0::!95'

NARRATIVE

~: Cameron pier extension

6eorge Camero.n
1929 Middle Sound Loop Road
Wilmingt{)1l, N. C. 28411
September 26, 2005

]'he application is for permission, t{). extend our existing pier out to- the pier head line. The
pier head line is formed by a line from the ends of the two adjacent existing piers. Our
existing- pier ends in- the marsh 60 feet sho.rt o.f the water. This water nearby isn't deep
enough most of the time to get boats in and out, so we would like to go- out to the pier
head line where the water is 1'" ft deep, at mean,lo.w water.

We would like to have a platform, a boathouse (a boat lift covered with the same roof
lover the platform} for an o.pen runabout, a slip for a 42' trawler, and a floating dock at the
end of the pier.

All of this is for private use.

The pier would be constructed of wood in accordance with the state building code,
similar to, the two., adjacent piers and typical o.f o.ther private piers in the area.

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PAGE- 4 of 4
AT6~ OG"T ;.I~ 200.5

RECEIVED
oeM WILMINGTON, NC
OCT 1 '7 2005

Permit Class I
NEW

;,0

O-TF ~ \0\3\\05

OS-\Q4-lt,

Permit Number
200-05

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STATE OF NORTH CAROLINA
Department of Environment and Natura~l' r:i~~.U~, ~ ~
and 1) \!:!a~\,5:1 ~
Coastal Resources Con;missio DE.G ~ 9 1.00~

~ettntt o&!I'~'-'

for ~
.-L Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

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

Issued to George Cameror~) 1929 Middle Sound Loop Road, Wilmington, NC, 28411

Authorizing development in

New Hanover

County at adj. to AIWW, 1929 Middle Sound Loop

Road. Ogden , as requested in the permittee's application dated 9/29/05 (MP-1). 12/12/05

(MP-4), including the attached workplan drawings (4), land 4 of 4 dated 10/16/05, 2 and 3 of 4 dated 12/12/05.

This permit, issued on December 21,2005 , is subjectto compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

Docking Facilitv

1) Unless altered herein, this permit authorizes only the 6 ft. x 230 ft. pier extension, the 8 ft. x 16 ft.
floating dock, the 10 ft. x 16 ft. boathouse and 16 ft. x 16 ft. platform both, of which will be covered
under one 16 ft. x 30 ft, roof, and the 16 ft. x 16 ft. boatlift located south of the platform, all as
expressly and specifically set forth in the permit application and attached workplan drawings. No
other structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.

(See attached sheets for Additional Conditions)

This permit action may be appealed by the permittee or
otherqualifi~ persons within twenty (20) days of the issuing
date. An apI/eal 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.

les S. Jones, Director
Division of Coastal Management

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

All work shall cease when the permit expires on

This permit and its conditions are hereby accepted.

December 31, 2008

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

Signature of Permittee

~ameron
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Permit # 200-05
Page 2 of 4

AD'DlilONJ\.1.1 CQNtfrrlONS

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The authorized structure shall not extend more than 1/, of the '.vidth or the waterbocly, as mc.asured from I
the waterward edge of the marsh on both sides of the AIVlW imrnedialeJy in front of the project site. ~

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The docking facility and associated structures shall have a minimum se,tback 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 charmel, 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.

No portion of any structure shall be located within 80 feet of the near bottom edge of the federally
maintained AIWW channel.

To ensure compliance with Condition Nos. 2, 3 and 4, an as-built survey shall be performed on the
docking facilities, and copies of the survey provided to the U.S. Army Corps of Engineers and Division
of Coastal Management, within 60 days of completion of construction of these portions of the project.

6) No sewage, whether treated or untreated, shall be discharged at ,;my 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.

7) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.

8) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.

9) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.

10) The roof of the covered platform shall not be designed for second story use.

11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.

12) 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.

13) 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.

14) 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.

~"::::::>M<:'::::~::"::':':::~::":::':-M<____~-M<<

. ! c;.,orge Cameron
:~
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Permit # 200-05
Page 3 of 4

ADDITIONAL CONDITIONS

:r: 15)

This permit authorizes a maximum of three boat slips.

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Due to proximity i,)f the AIWW, boats utilihlg the clocking facility shall be subject to I
frequent wave wasL f10m passing vessels. The issuance of this permit does not relieve the
r<:rmittcf from taking all proper steps to ensure the integrity of the structure and the safety of
r; :oored boats. The permittee shall not hold the State of North Carolina or the United States
Lable for any damage to the structure or moored boats.

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NOTE:

. Any proposal to modify the roof structure or the roof footprint may require modification of this
permit. Contact a DCM Representative at [phone] for this determination.

General

16) 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 shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.

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

18) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be. utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.

19) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has
been reported in the tidal waters of 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" shall be
followed.

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

NOTE:

NOTE:

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

,~~n."'-'
~~~
George Cameron

Permit # 200-05
Page 4 of 4

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f'i.nDITIONA'L CONDD'lONS

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The l'f.C. Division of 'Water Quality bas assigned the proposed pJ'Ojcct DWQ Project No. 05-
J 9!16,

The U.S. Army Corps of Engineers has assigned the proposed project COE Action ld. No.
200600050.

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DEPARTMENT OF THE ARMY ~
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLlNA28402-1890

10\ :3 (los

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IN REPLY REFER TO

January 12, 2006

Regu~atory Division
Action ill No. 200600050 and State Permit No. 200-05
I

m~@~DW~@

JAN 2 5 2006

George Cameron
19291 Middle Sound Loop Road
Wim;ungton, North Carolina 28411

WI:ft ~.~f< . WATER QUALITY
.'1011IlIU) AND STORMWATER BRANCH

Dear, Mr. Cameron:

Reference your application for a Department of the Army pennit to extend an existing
priv~te fixed pier, construct a platfonn, boathouse with a boat hoist, floating dock and four
mooring pilings at 1929 Middle Sound Loop Road, adjacent to the AIWW and Middle Sound,
Ne~ 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
con~tions 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
Nonth 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

E*losure

S-

Copies, Furnished (without enclosure):

~. Jo~ Dorney
Divisiqm ofEnvirorimentalManagement .
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Ralei~ North Carolina 27699-1650

Mr. Rpnald J. Mikulak, Chief
W etl~ds Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
At1an~a, Georgia 30303

Mr. qoug Huggett
Divis~on 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