20052213 Ver 1_Complete File_20051215

401 Projects
Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Thu, 29 Dec 2005 11:12:48 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>, Doug
Huggett <[e-mail]>, [e-mail]
The following projects require no 401 permits:
Christopher Senior DWQ#: 2005 2224, New Hanover County
John Galarde, DWQ#: 20052213, New Hanover County
Thanks
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
of 1 1/2/2006 9:15 AM
r
A L"-FA 0052213
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
December 13, 2005 a
?
MEMORANDUM: ' "J
DEC 5 ?005
TO: Cyndi Karoly, Supervisor tr i? D,tENR tt s c t s n+ LITY tzcn
401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA
Applicant: John Galarde
Project Location: 812 Inlet View Drive, adjacent to Shinn Creek Canal, in Wilmington,
New Hanover County
Proposed Project: Applicant proposes to add an additional floating dock to an existing new private
docking facility.
Please indicate below your agency's position or viewpoint on the-proposed project and return this form
by December 29, 2005. If you have any questions regarding the proposed project, please contact Robb
Mairs at [phone], when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer-50% Recycled 110% Post Consumer Paper
'DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1.
2.
3.
4.
5.
6.
7.
8.
APPLICANT'S NAME: John Galarde
LOCATION OF PROJECT SITE: 812 Inlet View Dr., adjacent to Shinn Creek Canal, in Wilmington,
New Hanover County.
Photo Index - 2000: 22-271: 6, M 1995: 22-253: 10, M 1989: 4-175-28: 3, N
State Plane Coordinates - X: 2353803 Y: 163579
INVESTIGATION TYPE: CAMA
ROVER FILE # - 0-112916A
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-29-05
Was Applicant Present - No
PROCESSING PROCEDURE: Application Received - 12-09-05
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover County
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - City Sewer System
Planned - N/A
(F) Type of Structures: Existing - Single family house, pool, bulkhead, gazebo, deck, boatlift, and
floating dock.
Planned -Additional floating dock (6'x 22')
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
nPPnr;'M rTT T 1?7T% nrruL'U
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(Open water) 132 sq. ft.
(C) Other
(D) Total Area Disturbed: 132 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
PROJECT SUMMARY: The applicant proposes to add an additional floating dock to an existing new
private docking facility.
Galarde
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 812 Inlet View Dr. in Shinn Point Subdivision, adjacent to Shinn Creek
located in the City of Wilmington, New Hanover County. To locate the property from Oleander Dr. (NC
Highwayl7), turn onto Greenville Loop Road and travel approximately 0.6 miles. Turn left onto
Shinnwood Road and travel approximately 0.5 miles east. Turn right onto Inlet View Drive and the
property of interest would be the third house on the right. The lot is approximately 0.5 acres with
approximately 135' of shoreline frontage. The lots average 9 feet above mean sea level and a concrete
bulkhead stabilizes the shoreline. The applicant is currently constructing a three-story single family
home with a pool. Waterward of the bulkhead alignment is a new private pier facility that includes a 12'
x 16' gazebo, a 6' x 26' access pier, a 13' x 10' boatlift and a 6' x 30' floating dock, which runs just
waterward of the bulkhead alignment. Highground vegetation consists of lawn grasses and ornamental
landscaping. There are no coastal wetlands on the property or around the existing docking facility. The
applicant received a CAMA General Permit No. 40433-D on March 15, 2005 for the new docking
facility and has completed the work.
The Wilmington/New Hanover County Land Use Plan classifies adjacent waters as Conservation, and
the adjacent high ground portion of the project area as Resource Protection. The waters of Shinn Creek
Canal are classified SA by the Division of Water Quality. They are not designated as a Primary Nursery
Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes the construction of an additional floating dock to an existing new private
docking facility located on Shinn Creek Canal. The 22' in length by 6' wide floating dock would extend
from the existing 30' in length by 6' wide floating dock in a southerly direction along the same
alignment. The agent states that the additional floating dock would not encroach into the adjacent
riparian corridor 15' setback requirement. The additional floating dock would provide one additional
boat slip, which would bring the total number to three (3) slips for the docking facility.
10. ANTICIPATED IMPACTS
The proposed floating dock would incorporate 132 sq. ft. of Estuarine Waters and Pubic Trust Area.
Minor increases in turbidity should be expected during the construction.
Submitted by: R. L. Mairs Date: 12/12/2005 Office: Wilmington
rorm DC.41-'NIP-I
RECEIVED
APPLICATION 1;CM WILMINGTON, NC
DEC 0 9 2005
(To be completed by all applicants)
b. City, , community or landmark
1. APPLICANT
c. Street address or secondary road nu ber
a. Landowner:
Name ?/ ?r 0-.- 1.,11.1_._ d. Is proposed work within city limits or planning

Address
IF jurisdiction? ? Yes No
-
City ?- L
' e. Name of body of water nearest pro (e.g. river,
creek
sound
bay) ;
? .? ?
?
/
? State t ,
,
,
,
r

Zip Day Phone a moo
'//o A_WW
Fax 9?0 3• DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name r`
MH C a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address 3 % excavation and/or tilling activities.

City L? J if It S

J tate
Zip? ? 9403 Day Phone Y /C - ;2SG -G 3 S
Fax
_?'iio-5?- X372 -
.. Project name (if any) AD114-
NOM, Prn+rt will be issued in acme aflmidownrr(s), andior
P-jeca name.
Couny b. Is the proposed activity maintenance of an existing
'.. LOCATION OF PROPOSED
PROJECT
project, new work, or both? o ) c ? /,
c. Wi11 the project be for public, private or commercial
use? - (301 c
d. Give a brief description of purpose, use, methods of
constriction and daily operations of proposed
project. If more space is needed, please attach
additional pages rR'4111 .?n 5 e_
J ;
evised 03195
Form DCN1-'N1P-1
UCM WILMINGTON, NC
OEC 0 s 2005
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract S ac re
b. Size of individual lot(sQ S a Gr-e
c. Approximate elevation of tract above MHW or
NWL 9' 4 a sF'ct ?Ffix,
d. Soil types) and texture s) of tract
e. Vegetation on tract _ l G,vs c, , ? e"I
M. Describe existing wastewater treatment facilities
n. Describe location and type of discharges to,wat
of the state. (For example, surface runoff, sanitai
wastewater, industrial/commercial effluent, "w2
down" and residential discharges.)
o. Descr/c?e existing drinking water supply source.
f. Man-made features now on tract - I? o U s c=_
g. What is the CAMA Land Use Plan land
classification of the site? (Conautl the boat tand we pL=..$
Conservation Transitional
Developed / Community
Rural Other
h. How i? the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? Yes No
(A=rh Zoning =nplu-- =,nficwe, if appJ.=bl<)
j. Has a professional archaeological assessment been
_ done for the tract? Yes ?No
If yes, by whom?
k. Is the project located in a National Registered
Historic' District or does it involve a National
Register listed or eligible property?
Yes ? No
1. Are there wetlands on the site? Yes V' No
Coastal (marsh) Other
If yes, has a delineation been conducted?
. (Xaao$ dv="xnradon, 1 available)
5. ADDITIONAL INFORMATION
In addition to the completed application form, th
following items must be submitted;
• A copy of the deed (with state application only) a
other instrument under which the applicant claims titl
to the affected properties. If the applicant is nc
claiming to be the owner of said property, the.
forward a copy of the deed or other instrument unde
which the owner claims title, plus written permissio,
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in blad
ink on an S 112' by I1' white paper. (Refer tc
Coastal Resources Commission Rule 7).0203 for
detailed description.)
Please note that original drawings are preferred anc
only high quality copies will be accepted. Blue-lin,,
prints or other larger plats are acceptable only if a:
adequate number of quality copies are provided b,
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of large:
drawings.) A site or location map is a part of pla+
requirements and it must be sufficiently detailed tc
guide agency personnel unfamiliar with the area to the
Revised 03/95
r-. CZ ist.Li
Form DCili-AMP-1 DCM WILMINGTON, NC
DEC 0 9 2005
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PEK II.SSI
° A Stormwater Certification, if one is necessary.
° A list of the names and complete addresses or the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received it copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name lo
Address 2 0 r Pt.? l e Cf _l?
Phone LJ : G-c; '/o Z/n s
Name 5 0,? srt; ` .
Address _10'S Z,I elf Ut'
Phone fJ, /n ; "C;qo, 1..7 C 1
Name
Address
Phone
° A fist of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
ac 613 M131-c s)
° A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront -and inlet areas.
° k 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.
TO ENTER ON LAND
I understand that any permit issued in response to d
application will allow only the development described
the application. The project will be subject to conditio
and restrictions contained in the permit.
I certify that to the best of my knowledge, the propose
activity complies with the State of North Carolina'
approved Coastal Management Program and will b
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 federa
review agencies to enter on the aforementioned lands in
connection with evaluating information related to thi
permit application and follow-up monitoring of tht
project-
I further certify that the information provided in thb
application is truthful to the best of my knowledge.
?o0 5
This is the day of It 1? .
Print Name ?-14 {
1 A4
H y /?a
z==--
Signature
o Autfwr.?td ,lgcnt
Please indicate attachments pertaining to your proposed
proiect.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
?DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-5 Marina Development
NOTE: Please sign and dare each attachment in the
space provided at the bonom of each form.
400 copies of this public documdnt were printed at a total cost of $52.48 or S .13 per copy.
Reused 03195
Form DC.M.Nip-4
STRUCTU'RES
(Construction within Public Trust Areas)
Attach this form to joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)',
(1) Commercial _community ,/Private
(2) Number /
(3) Length
(4) Width
(5) Finger Piers Yes ?No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes NO
(i) Number
(ii) Length >1 W
{iii) Width
(7) Number of slips proposed
(8) Proximity of structure. to adjacent, riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NTWL 3 1
b. Boathouse (including covered lifts)
(1) 1 Commercial
(2) Length Private
(3) Width _A
c. Groin (e.g. wood, sbeetpile, etc.)
(1) Number
(?) Length(s) A
d. Breakwater (e.g. wood, she.. ile, etc.)
(1) Length
(2) Avera;e distance/ om MHW, NWL or
wetlands
(3) Maximum distanc eyo
ttd MHW
NWL or
,
wetlands
Revised 03193
RECEIVED
DCM WILMINGTON. NC
DEC 0 9 2005
e. Mooring buoYs I
. _
(1) Commercial, Community Private
(2) Number
(3) Description of uoy
(Color, imc i lion, size, anchor, etc.)
v ?•
(4) Width of water body
(5) Distance buoy(s) to be/ placed
L' beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) -_ Commercial .:Community !Private
(2) Number /
(3) Length
(4) Width
g. Other (Give caxplete d,:c, )
IS /IA.
%
Applicant or Pro
Signature
9-2,-7
Date

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RECEIVED
DCM WILMINGTON. NC
iJEC092

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CDC•?vl VIILMI^vtiTC) 1. NC

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RECEIVE
DCM WILMINGTON, JC
DEC 0 9 2005
a
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2

Permit Class
r-, SZZ? Permit Numbex

NEW
STATE OF NORTH CAROLINA New
Department of Environment and Natural Resources
and
Coastal Resources Commission
o
for
25-06
pv?r
11? R_?W
41euv"vs"''' 4ar? Zoos
O8"04WQq ' X14'
Cy
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to John Galarde, 812 Inlet View Dr., Wilmington,.NC 28405
Authorizing development in New Hanover County at Shinn Creek 812 Inlet View Dr.
Wilmington , as requested in the permittee's application dated 11/11105 (MP-1), and
9/27/05 (MP-4), including the attached workplan drawings (2), 1 of 2 dated 11/11/05 and 2 of 2 dated 1/3/05
This permit, issued on February 21, 2006 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the 6 ft. x 22 ft.. floating dock that is
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
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charl S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2009
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
x Bolin GaIarde
ADDITIONAL CONDITIONS
Permit # 25-06
Page 2 of 3
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
do-king facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the per-inittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
3) The floating dock and associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is
determined by drawing a line parallel to the channel, -or deep water, 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.
4) In order to ensure compliance with Condition No. 3 of this permit, an as-built survey shall be performed
on the docking facility, and copies of the survey shall be provided to the Division of Coastal
Management, within 60 days of completion of construction.
NOTE: Failure to provide such documentation may result in a violation of this permit.
5) 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.
6) 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.
7) 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
8) 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.
9) This permit authorizes a maximum of 3 boat slips, which includes the 2 slips previously authorized. At
no time shall more than 3 vessels be moored or docked at the facility without permit modification. The
restriction on the number of vessels shall apply to all marine vessel types, including but not limited to
motorboats, sailing vessels and personal watercraft.
NOTE: The p=ittee is cautioned that this permit does not authorize the placement of tie piles in
association with the floating dock addition. Boats utilizing the docking facility shall be subject
to frequent wavewash from passing vessels. The issuance of this permit does not relieve the
permittee from taking all proper steps to ensure the integrity of the structure and the safety of
moored boats. The permittee shall not hold the State of North Carolina or the United States
liable for any damage to the structure or moored boats.
John Galarde
ADDITIONAL, CONDITIONS
General
Permit # 25-06
Page 3 of 3
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 Anny 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.
11) No excavation or filling of any vegetated wetlands or surrounding waters is authorized at any time.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
052213.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200600365) which was issued on 1/24/06.