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HomeMy WebLinkAbout20040268 Ver 1_COMPLETE FILE_20040223Dy-oZ(a y NT OR Ty?ym United States Department of the Interior 0 FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 M4ACN Raleigh, North Carolina 276363726 April 7, 2004 Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 WETLANDS / 401 C r, ,l APR 1 3 2004 WATER QUALITYSF.-rp Subject: Action ID # 200400426, Middle Oaks Homeowners Association, Myrtle Grove, New Hanover County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated March 15, 2004. The applicant, Middle Oaks Homeowners Association, has applied for a Department of the Army (DA) permit to impact approximately 2,730 square feet of open water to extend an existing pier approximately 262 feet eastward into Myrtle Sound. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Proposed Activities The applicant proposes to extend an existing pier into Myrtle Sound. At the end of the extended pier, the applicant proposes to construct seven elevated/fixed finger piers and nine boats lifts. The Field Investigation Report (FIR) of the North Carolina Division of Coastal Management (DCM) states that water depths at the terminal end of the docking system average -3.0 to -4.0 feet at normal low water. The waterward edge of construction would be approximately 150 feet from the Atlantic Intracoastal Waterway (AIWW) which is maintained at a depth of -12 feet. The November 19, 2003, letter of Mr. Charles Hollis to the DCM states that piles will be jetted and/or driven into the substrate. The FIR states that no dredging or filling of wetlands is proposed. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in New Hanover County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific information on species which should be considered in permitting this project. The project area is located near the boundary of the Wrightsville Beach and Carolina Beach quads. The occurrence data of special status species within these quads can be obtained on the internet at < http://www.ncsparks.net/nhp/quad.html >. Our review indicates that the only federally listed species likely to occur in the project area is the West Indian manatee (Trichechus manatus), a federally-endangered mammal. The species is known to occur in New Hanover County and the NCNHP database indicates several reported occurrences in the coastal water of the county. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatees feed in water one to two meters (3.3 -6.6 feet) deep that may support submerged aquatic vegetation. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. The jetting or pile driving during construction poses a risk to manatees. To protect manatees in North Carolina, the Service developed guidelines entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina." These guidelines address all types of in-water construction, except blasting, and should produce little, if any, additional expense. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area, work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. These guidelines are available on our web site at < http://nc- es.fws.gov/mammal/manatee guidelines pdf>. The risk to manatees could be reduced to an acceptable level by the implementation of the Service's guidelines. The risk would be further reduced by performing the work during the period of November through May. Service Recommendations While the FIR indicates that there are concerns regarding the length of the proposed construction, i.e., the work would exceed one-fourth of the width of the water body, this condition and other navigational aspects of the project do not affect fish and wildlife resources under our jurisdiction. 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. Based on the available information, we do not believe that the proposed activity will have significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. Therefore, with prudent measures to protect manatees the Service has no objection, from the standpoint of fish and wildlife, to the issuance of a DA permit for the proposed work. The Service appreciates the opportunity to comment on this permit application. Please advise us of any action taken by the Wilmington Corps District. If you have questions regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e- mail at < howard_hall@fws.gov >. Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA Ron Sechler, NOAA Fisheries, Beaufort, NC Bennett Wynne, NC Wildlife Resources Commission, Kinston, NC Jim Gregson, NC Division of Coastal Management, Wilmington, NC John Dorney, NC Division of Water Quality, Raleigh, NC 1 ?0C DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 13, 2004 Regulatory Division Action ID No. 200400426 and State Permit No. 59-04 Middle Oaks Subdivision HOA 137 Middle Oaks Drive Wilmington, North Carolina 28409 Dear Madam or Sir: G C? 2 C?8 "MINDS / 401;r,RQUP Reference your application for a Department of the Army permit to extend the existing pier waterward 6'x 262', and construct seven (7) elevated/fixed finger piers ((1) 6'x 67', (1) 6'x 82' and five (5) which are 3' x 20') and nine (9) boatlifts off Middle Oaks Drive between Myrtle Grove Road and Myrtle Grove Sound, in 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 applicable State authorization and the approved plan (enclosed). Failure to comply with the 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 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue 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 NUTS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Jim Gregson, District Manager Wilmington City Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 2 MEMORANDUM TO: John Dorney Regional Contact: Noelle Lutheran Non-Discharge Branch WQ Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Middle Oaks Home Owners Assoc. Project Number 04 0268 Recvd From DCM Received Date 2/23/04 Recvd By Region Project Type community Pier two fixed piers County New Hanover County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME CAMA Waters O YO N F 18-87-31 SA HQW 30,624. 0.06 F_F- F_O Y _0N F_ F_ F-r- F_ F_ F_ F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y (9N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: Q Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no objection to the eject as proposed provided that boats are limited to 21' in lenahg weth no heads. A 401 Water Ouaility Certification is not reauired. NL 04/05/04 cc: Regional Office Central Office Page Number 1 40?R_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 17, 2004 MEMORANDUM TO: Mr. John R. Dorney WETLANDS / Division of Water Quality 401 GROUP FROM: Doug Huggett FEB 2 3 2004 Major Permits Processing Coordinator "ATE R QUALITY SECTION SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Middle Oaks Home Owners Association Project Location: Middle Oaks Road, Middle Oaks Subdivision, Wilmington, New Hanover County Proposed Project: To construct a community pier (6'x262"), two fixed piers (6'x67' & 6'x82'), five finger piers (3'x20') and nine boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 10, 2004. If you have any questions regarding the proposed project, please contact Jason Dail at 910-395-3900. 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 Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Middle Oaks Home Owners Association 2. LOCATION OF PROJECT SITE: Off Myrtle Grove Rd., at Middle Oaks Road, in Middle Oaks Subdivision, adjacent to the Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County. Photo Index - 2000: 21-262, G-P, 11,12 1995: 21-244, G-Q, 6,7 1989: 4 178 19, A-G, 11,12 State Plane Coordinates - X: 2339362 Y:133726 Rover file: 0-120315B INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/30/2003, 12/3/2003 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 11/20/2004 Completed on 2/11/2004 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Conservation / Resource Protection (B) AEC(s) Involved: PT, EW, OR (C) Water Dependent: Yes (D) Intended Use: Community residential (E) Wastewater Treatment: Existing - Individual septic Planned - None (F) Type of Structures: Existing - Pier from subdivision to community area, pier from community area to AIWW with a 15' x 15' gazebo at the terminal end and a 6' x 7' floating dock to the north of the pier Planned - Proposed 6' x 262' pier extending waterward from terminal end of existing pier, seven (7) elevated/fixed finger piers ((1) 6' x 67', (1) 6' x 82' and five (5) which are 3' x 20') and nine (9) boatlifts. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED O (A) Vegetated Wetlands - Shaded THER (B) Non-Vegetated Wetlands - Open water 2,730 s .ft. 11 (C) Other - High round disturbance (D) Total Area Disturbed: 2,730 sq. ft. (E) Primary Nursery Area: *Yes (1) Water Classification: ORW Open: No 8. PROJECT SUMMARY: Proposed 6' x 262' pier extending waterward from terminal end of existing pier, seven (7) elevated/fixed finger piers ((1) 6' x 67', (1) 6' x 82' and five (5) which are 3' x 20') and nine (9) boatlifts. The proposed construction is for the use and enjoyment of the homeowners within the Middle Oaks Subdivision. Middle Oaks HOA Page Two 9. PROJECT DESCRIPTION: The project site encompasses approximately 22 acres and is located off Middle Oaks Drive between Myrtle Grove Road and Myrtle Grove Sound, in Wilmington, New Hanover County. The proposed project is located in the Middle Oaks Subdivision at the eastern end of the main entrance (Middle Oaks Drive). To the east lies the Atlantic Intracoastal Waterway (AIWW) and Myrtle Grove Sound. Residential properties border the site to the south, north and west The project site contains multiple single family residences, all of which would have access to the proposed pier. The approximate elevation at the site ranges from 6' to 10' above Normal High Water (NHW). High ground vegetation at the site includes mature Loblolly and Long-leaf Pine, Oak, Sweet Gum, Red Maple, Magnolia and Red Cedar. Under-story consist primarily of ornamental landscaping, marsh elder (Iva frutescens), wax myrtle (Myrica cerifera) and groundsel (Baccharis hamilifolia). The existing pier begins along the eastern side of the Middle Oaks Drive, near the end of the cul-de-sac, between lots 12 and 13. There is a 20' access easement, on which the pier is located, that is shared by all residents of the subdivision. The pier extends from the high-ground, eastward over a section of coastal marsh (roughly 175' wide) to a small island that has been designated as a recreational/common area. From the island, the pier continues in an easterly direction over another area of coastal marsh (roughly 450' wide) before terminating at the western edge of the AIWW. There is a gazebo (15' x 15') located on the southern side of the existing pier and a 6' x 8' floating dock located on the northern side. The marsh vegetation surrounding the project area is primarily Smooth Cordgrass (Spartina alterniflora) and Glasswort (Salicornia, spp.). The marsh transition toward highground exhibits high coastal marsh vegetation, including, Black Needle Rush (Juncus roemarianus), Spike Grass (Distichlis spicata), Sea Lavender Limonium, spp.), and Salt Meadow Grass (Spartina patens). The width of the ICWW in the area of the project site is approximately 940' from marsh edge to marsh edge extrapolation. The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The waters of the AIWW in the vicinity of the project site are classified as Outstanding Resource Waters (ORW) by the NC Division of Water Quality. The area is designated as a Primary Nursery Area by the NC Division of Marine Fisheries, and is CLOSED to the taking of shellfish. PROPOSED PROJECT: The applicant proposes to construct a 6' x 262' pier extending waterward from terminal end of existing pier, seven (7) elevated/fixed finger piers ((1) 6' x 67', (1) 6' x 82' and five (5) which are 3' x 20') and nine (9) boatlifts. The applicant is proposing to begin the pier at the far eastern end of the existing gazebo that runs from the island to the AIWW. The new pier would extend eastward approximately 262' from the existing gazebo. The applicant has proposed the construction of two (2) finger piers/platforms at the terminal end of the pier that would run parallel to the shoreline, or north to south. As proposed, five (5) 3' x 20' finger piers would extend eastward from the platform. The finger piers would give access to the nine (9) boatlifts (14' x 14') that would be located between the five (5) finger piers. The terminal end of the most water ward finger pier would be approximately 75' from of the U.S. Army Corp of Engineers (USACOE) 80' setback for the AIWW. Although the pier, finger piers and boatlifts would NOT extend beypnd the 80' setback, they WOULD exceed 1/4 the width of the water body. The distance across the AIWW, from marsh edge to marsh edge, is approximately 950'. The applicant has proposed a 262' pier (300' from edge of marsh), 16' long ramp and five (5) 3' x 20' finger piers, totaling approximately 320 linear feet from the waterward edge of the marsh on the property side of the AIWW. The applicants proposal has exceeded 1/4 the width of the water body by 83', and has exceeded 1/3 the width of the water body by 4'. Water depths at the terminal end of the docking system average -3.0' to -4.0' at Normal Low Water. 10. ANTICIPATED IMPACTS The construction of the proposed community pier, finger piers, and boat lifts would incorporate approximately 2,730 square feet of Estuarine Waters and Public Trust Areas. The pier, finger piers and boatlifts would exceed 1/4 the width of the AIWW, as measured from waterward side of the western most marsh bank to the western side of the eastern most marsh bank. Submitted by: J. Dail Date: 2/17/2004 Office: Wilmington IVED CHARLIE HOLLIS NOV 2 0 2003 Regulatory Consultant 138 Green Forest Drive BY: Wilmington, NC 28409 Phone/FAX 910-392-6833 November 19, 2003 Project: Request for Major CAMA Permit Access Pier for Middle Oaks Subdivision 1 P` ; j 7 7 l? D Myrtle Grove Sound; New Hanover County, N.C. D ' ?l Mr. Jim Gregson, Regional Office Manager NOV 2 0 20103 N. C. Office of Coastal Management D 1 C? ?? 127 Cardinal Drive Extension Wilmington, NC 28405-3845 COASTAL IVIANAGEMEN T Dear Mr. Gregson: I have been assisting Mr. Billy Ezzell who is representing the Middle Oaks Homeowners Association (MOHA) with an application for a Major CAMA Permit to authorize the construction of a access pier with 10 boat lifts for the residents of Middle Oaks. Earlier, a request was begun and an Environmental Assessment submitted addressing the MOHA's request for a pier facility that would accommodate 16 boats. Upon receipt of Department comments and upon meeting with you a few weeks ago, it was determined that NCDWQ's ORW rules would disallow that request. With your assistance, we researched the previous permits for this site and found that the most recent permit (144-91 as modified) authorized docking space for 10 boats. Accordingly, the enclosed application requests a 10-boat facility to be constructed within the footprint and set-back of the previously destroyed structure. All of the dock spaces will be in the form of boat-lifts. The new Access Pier will originate from the eastern end of the existing structure and extend eastward to the same set-back from the AIWW. The proposed structure will include a 137' long tee platform from which six 20' long finger-piers will extend, 4 eastward and 2 westward. Boat lift units will be located on each side of each finger-pier for a total of 10 boat lift units. These units will be used by the residents of Middle Oaks for boats typically 18' long, but no larger than 23' in length. A 6' x 18' floating platform will extend 28' eastward from the center of the tee section and will serve as a point of loading and unloading of boats entering or departing the lift structures. Docking for a period of greater than one hour will be prohibited by the Homeowners Association. These boats will have no cabins or heads. The pier will have no "wet slips". The pier will be a wood structure comprised of treated piling supporting wood decking. The floating platform will also be of wood decking supported by floatation cells. The lift structures will be pile supported. Piles will be jetted and/or driven into the substrate and the remaining timbers bolted and/or nailed in the conventional manner. Page 1 This project is located east of the Middle Oaks Subdivision at the east end of Middle Oaks Drive in New Hanover County and adjacent to the Atlantic Intracoastal Waterway (AIWW). Middle Oaks is an established subdivision developed in the early 1980's. This area is zoned R-15 by New Hanover County and is designated as "Resource Protection" on the New Hanover County Land Use Plan (the tidal marsh and water is designated "Conservation"). Other piers and docks are located within the waters of Myrtle Grove Sound both to the north and south of this project and this proposed pier is located within the footprint of the previous destroyed Middle Oaks pier. Adjacent land use is residential. Please contact me if there are any questions. Y. harlie Hollis Encl: Application NJ 0 t? `J L 0 2QU3 DIVISION OF. COASTAL MANAGENAENT 0- Page 2 Billy Ezzell 133 Middle Oaks Drive Wilmington, NC 28409 Jim Gregson Department of Natural Resources and Community Development 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Dear Mr. Gregson: I request that a permit be issued to authorize the work described in the attached plans. I represent the property owners on which the work is located and/or which is adjacent to the water area affected by the work. The adjacent property owners to this project have been furnished copies of this application and related plans by registered mail. Sincerely, 4B?illyzell Enclosures NOV 2 0 2003 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-1 APPLICATION' (To be completed by all applicants) 1. APPLICANT b. City, town, community or landmark Mro? o,?? ?v?Dt?llscOtl a. Landowner: IVIII)ME CIU-5 r.?LJI?5f VK.71o1J Home Name P ZMEIcy- GL!RI?F (PI7f' .? Address 13 ?7 N! f D DL.C OdKS Dtz City W1 LM I UQ22V,? State "C, Zip 2A4--12!J, Day Phone Fax b. Authorized Agent: c. Street address or secondary road number GD _ aef A C'?tJEIZ IZ AtJt? ?F 1'3 d. Is proposed work within city limits or planning jurisdiction? Yes V-- No e. Name of body of water nearest project (e.g. river, creek, sound, bay) A.I V. W dT EU F"fTLj 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name 8 (L-L-Y V-/. E-ZzE (,., (,._ a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address ISS M (DDL E Q,d?Lj D? excavation and/or filling activities. V F- Lt41 LD /SCCEx P IEZZ wl-1714 to t T I ? t? ,?,ND City\41ILMIrJb-rok1 State 1A I" LAtOVyat7 r-LO6:,r Zip Day Phone l 11 If ;i 1 .?.? b Fthe posed activity maintenance of an existing ,? ew work, orboth? SoTl? Fax 2u03 ^ OF c. Will the project be for public, private or commercial c. Proj ect IISi ? q CA . ? QP'N-&'Tt= 1=012.S0BQNI?I0 name ? f any) ?l;g C EMEi? d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE- Pernet will be issued in name of lrndowner(r), and/or project. _ If more space is needed, please attach pmjed name. 2. LOCATION OF PROPOSED- PROJECT a. County QP-W ??`11 ?1? Revised 03/95 Form DCM-AIP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. INDIVIDIJ ?•!._. SEpTIs? SYST<rt-h5 A-7 14nmEs - 1Jot?E X15TiLya ce Phi SeA t='otZ P¢aSE?-T a. Size of entire tract 'L'L Acae5 b. Size of individual lot(s) 1. 15 AC_ L c. Approximate elevation of tract above MHW or NWL * $!:?j 1 d. Soil type(s) and texture(s) of tract e. Vegetation on tract L?.X30(: CdPlro 5U131Jh1 lZ[ DN f. Man-made features now on tract6UBEXQ 10N 40h01ES, BODE -rp DFr E Ttot? g. What is the CAMA Land Use Plan land classification of the site? (consuu ae local knd use piwL) n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) QA o. Describe existing drinking water supply source. 11001 LIDLl&L WELL &7- MES 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? 51 tiraLE ?G?1-?t ? t_?/ TZESI f I ?Tt dL- i. Is the proposed roject consistent with the applicable zoning? Yes No ? (Auod, z-dng avnpti-- or tijicau, if gppUwbk) • j. Has a professional archaeological assessment been done for the tract? Yes JC No If yes, by whom? A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat ('including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) k. Is the project located in a National Registered r/ Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes _v"- No +e- adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Are there wetlands on the site? Yes _ No eery regarding that agency's use of larger Coastal (marsh) Other \\`?I 1 'dn)h gs.) A site or location map is a part of plat If yes, has a delineation been cord n , v -reWirements and it must be sufficiently detailed to (Arend, dodmwmadm, if arilabk) guide agency personnel unfamiliar with the area to the NJ OF Revised 03195 G(? Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. t3A • 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 a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name P&L LI G E. BEW, lWrT Address 6P&Ol WL"rLE r-%V VF= PsD. Phone W1 LbdI t`1&Me2bJ., MC. ZaA:e l Name -THOMAS E. OVZOW14 Address 211 Fdl'MA IZoC{G 00, Phone VIZA" 1LL( W VILLEA MC 27Q-2$ Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NEUw1ZC44 18-80 1981 ullOpt.? rJQIL.S I4-4-91 • GL-?/??c /- a:ogo - N-ate- 0Z`1 I • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. t? • A signed AEC hazard notice for projects in oceanfront and inlet areas. N A • A statement of compliance witff - the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal - review agencies to eater on the aforementioned lands in connection with evaluating information related to this permit application and follow up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day Print Name BI.LL`- ` Z ELL Signaturg? c :e - or ,!!! o Aaew Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts ?DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of e l•? ho V 0 2003 DIVISIO"'OF COASTAL 1\!ttfj iv ,OE%iENT rori"a vL-1•z-iNw-4 STRUCTURES (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 I- 171 EQ (3) Lengm _ 2 541 (4) Width Co i (5) Finger Piers ? Yes No (i) Number (ii) Length Zo (iii) Width 3 (6) Platform(s) ? Yes No (-f- Nr-At;? (i) Number (ii) Length !37' (iii) Width fa (7) Number of slips proposed lG (8) Proximity of structure to adjacent riparian property lines t 4.4o'S t 3onn r tJ (9) Width of water body _ 't 9 80 t (10) Water depth at waterward end of pier at MLW or NWL -3.0 ± ?. Boathouse (including cov ed lifts) WA (1) Comm cial Private (2) Length (3) Width Groin (e.g. wood; (1) Number _ (2) Length(s) _ Breakwater (e.g. wood, (1) Length (2) Average distanc wetlands (3) Maximum dis c wetlands etc.). WA `? iV? #pile, etc.) from MHW, NWL or beyond MHW; NWL or e. Mooring b (1) (2) Nun (3) Desi M4 -Community ,_, Private btion of buoy , inscription, size, anci,ur, etc.) (4) W idih of water body ce ' buoy(s) to be placed beyond (5) Diteline sh f. Mooring structur (boadift, ooring pilings, tc.) (1) Commerci _.__Community Private (2) Number to (3) Length 14' `t- (4) Width 14' : g. Other (Give complete descriprion) -6411 , PROJECT i ucLV S BO &'T LI FTC A11D otJE 6th I~ LodTtkM WCK To SE L,66D otJLY To LoAD- -- UIJLD!>D P&6-? _?? tI2E (??TS IJ.tZE L I F"T? D oQ 1..01 Ems) Z Z F__' L.L_ f?QV 2 3 2333 'L,) DIVISION OF COASTAL MANAGEMENT =vised 03/95 Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach thib rorm to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that r9iate to this proposed project. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public ?Residential b. Will the marina be open to the general public? Yes/No 7'7 '117 717 "A 01VIS,i0i"? OF 1 g. Typical boat length. FB h. Maximum boat length 251 i. Are any floating structures planned? YES If so, describe ?h)E,L1? fo'XIA? t-G?L?1 YS ????11.?SD1' _QOGK I-NOt7Q.l15E ENFORCED t3Y NoME?.tNee? ,SSOC, 2. MARINA OPERATIONS a. c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? __ M1D0 _E AIC? S 1 DIV1S16 1 I Cp DEVELOI [D L-0-re-m,T4TLL1_. d. Check all of the types of services to be provided. 111 _ Full service, including travel lift and/or rail WA Dockage, fuel; and marine supplies- WA Dockage ("wet slips") only Number of slips to _ L.? Dry storage (o N (_ t FTy) Number of boats /O .Pa Boat ramp(s) _ MA, Other (describe) Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel _V Open water, no dredging required -- Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats.,, pi14 boats; mixed types). Q2P_Q GZJ 1 Q Esni 7? Check each of the following sanitary facilities that will be included in the proposed project.. 0_ Office toilets to A Toilets for patrons Number - KIA Location bJ A 1QA_ Showers _I h?, Boat holding tank pumpout Type and location: N A b. Describe treatment type and disposal location for all sanitary wastewater., I.Id. c. Describe the disposal of solid waste, fish offal and trash disposal. YeA644 P1Ck'QP BY NOM--QVJt %EP Ae,e,o d. How will overboard discharge of sewage from boats be controlled? KI& 13o&V> "0pO evMALL. 1=o2- e. Give the location and number of "No Sewage Discharge" signs proposed. Nl& Revised 03195 ,t r Z 7 O u 'trrfO .ur ?r Y PROJECT VICINITY MAP ? • 1 t 1 • Y / r. 0 N I 2 2333 i J J L I? ?.N COAST.! REBUILD ACCESS PIER WITH BOAT LIFTS A COMMUNITY PROJECT BY MIDDLE OAKS SUBDIVISION HOMEOWNERS ASSOCIATION REQUESTED BY. BILLY W. EZZELL (AGENT) 133 MIDDLE OAKS DRIVE WILMINGTON, NEW HANOVER CO., N.C. DRAWN BY: Wm. H. WARREN, JR. JUNE 2003 SHEET I OF <p !LY r s r ?'1 l iii/ ? 'VI ln I. 1 .. ., ' ?'?? YI-1 ? h.?I.J ?1.J it 111'1 N V .2 0 2033 1? Llu + D1N,,'!SiOiN CF PROJECT LOCATION MAP NOT TO SCALE REBUILD ACCESS PIER WITH BOAT LIFTS A COMMUNITY PROJECT BY MIDDLE OAKS SUBDIVISION HOMEOWNERS ASSOCIATION REQUESTED BY: BILLY W. EZZELL (AGENT) 133 MIDDLE OAKS DRIVE WILMINGTON, NEW HANOVER CO., N.C. DRAWN BY: Wm. H. WARREN, JR. JUNE 2003 SHEET -Z OF (o SLOnCY FEAR MIDDLE OAKS DOCKFACILITY YAS6NUM TOW45W ww MAMOAOI CTIUNIY NCRT11 CARMNA _ O11E: SUM 14 1002 HICKORY KNOLL / II If II I I j I I I II II i PROP. OF THOMAS E. BROWN ArtR>? GROVE SOUND 211 FAITH ROCK RD. ?? I '- • 1 ' FRANKLINVILLE, N.C. S? ?? t •I :`f 0 to ----=-------- • Mri1S.f?Y -yr 1 l : • 'I ; ' •'" l I 1 \ 9? ncrl°I " i END FEssmC O I I I 1 1 +? +•++ ? ?\ MGM WATER cnyEl 1 . 14 .• ' •• •+ CRASS LINE I .• I I f I ? ? 1 11 `? O • •'i i PROP. OF DALLIE BENNETT 6601 MYRTLE GROVE ROAD NOTES 1. AREA COMPUTED BY COOROINATE A"100 2 ALL DISTANCES ARE HORIZONTAL 3. FUR REFETENCE SEE AS NOTED 4. SEMYEYED AUGUST 2002 S. 04TRACOASTAL WATE)MAY RIGHT OF WAY ESTABU9iED FROM U.S. ARMY CORPS OF DYGMA ERS DRAWING 1 OF 4 SEGKkr 1 AND N.C. GM COOROOMTES BASED ON RECORD l~Al' M IDDLE OAKS SUBOINSION LEGEND ' E.I.P. EXlSIR40 ARGW F7PE ? I •.F. EL EXISTM IRON EOM.. EAISTAND CGVCRETE ANXN1NENr A, RIW pCiIT OF WAY C1^ CP. = OOWUTED POINT J J 4r 0 %? lI -4 FAX- 36.-tva 1 ? asw aw ??"- _ I 1 I ? r 3 1 I? I? I I? 300 150 0 300 SCALE IN FEET 1"=300' I I I? I? I? I I? I? I? I lO IG I I I I I I I I I 1 1 I I II i I I I 'I II II ,I I 1 1 I I I 1 1 1 I I I I I / I r I 1 1 I 1 + a 1 I I '+ .' I Tj • i I N-1 x4 • E-$341.80129 A 1 + I + ' k JZ • i ' i 34E ? E:Z3/1,5i + REBUILD ACCESS PIER WITH BOAT LIFTS A COMMUNITY PROJECT BY MIDDLE OAKS SUBDIVISION HOMEOWNERS ASSOCIATION REQUESTED BY. BILLY W. EZZEI I (AGENT) 133 MIDDLE OAKS DRIVE WILMINGTON, NEW HANOVER CO., N.C. DRAWN BY: Wrn. H. WARREN, JR. JUNE 2003 SHEET 5 OF <o `V -1v lop -IV -IV -IV "V y 6' VAN Evsmc 'f (REBUS T ACI ACCESS PIER 0 V S 759 is EXISIWG P v? f?asrWG ` DOSTWG GAZEBO I 282' ?V I I I I J/ W II I -IV ?I - - 11 10 ?APF OF l -IV I All, *? NOTE: ? ELEVA DONS AND SOUNDINGS ARE IN FEET AND ARE BASED ON LOW WATER = 0.0 I I ' I 120' 85' 45 "I AIIYN' CLEAR LANE 7O I °' I 'ry 2 I I I 6' NODE RXEU PLAWOW A ° I I f M1y ? I _? I ' (?T CE.S) I I , ,ry° ti? ,,° I I t Y? t ENT) I ( I ?y0 •? }0 FlXED FWGER (5-PLACES) i ENl i OF EXSRNG PHES I C ° '? Ez? -? ED I ,ti5 6' WE )(ED PLATFORM I FEB p 9 2004 10 SIN I I I ? p }° I I I" I I I 85' I I REBUILD ACCESS PIER AIN ' CLEAR UNE NTH BOAT LIFTS A COMMUNITY PROJECT BY MIDDLE OAKS ACC ESS PIER AND BOATLIFT PLAN I I SUBDIVISION HOMEOWNERS ASSOCIATION REOUESIED BY. 50 25 0 50 I I BILLY W. EZZELL (AGENT) I I 133 MIDDLE OAKS DRIVE SCALE IN FEET WILMINGTON, NEW HANOVER CO., N.C. I I I DRAWN BY: Wm. H. WARREN, JR. I I FEBRUARY 2004 SHEET 4 OF I EXISTING GAZEBO WITH ROOF OVER 262' (NEW 6' MADE I NOT TO SCALE 6' WIDE PLA BOA1 LIFT I DECK EL +10.0 220' fr AIWW CHANNEL NOT TO SCALE 2 45 I C J 5_ W Q Z I 0 I W ----dl+4J2---? BOAT LIFT AND PIER PROFILE SECTION 'C' 30 15 0 30 SCALE IN FEET n? FEB a 9 12064 tv. REBUILD ACCESS PIER WITH BOAT LIFTS A COMMUNITY PROJECT BY MIDDLE OAKS SUBDIVISION HOMEOWNERS ASSOCIATION REQUESTED BY. BILLY W. EZZELL (AGENT) 133 MIDDLE OAKS DRIVE WILMINGTON, NEW HANOVER CO., N.C. RR DRAWN BY. Wm. H. WARR No FEBRUARY 2004 SHEET fI 3' 155' -IXED PLATFORM ELEV. +10.0 x?- RAIL CAP 2'x8' RALNG 2'x8' RAILING 2'x6' DECK BOARDS (0.40 RETENTION) 2'x10' SIRWGERS (0.40 RETENTION) 2'x10' CAPBOARDS (DOUBLE) BORED MAIN 5/9 DIAL GALVANIZED HARDWARE BOAT LIFT AND PIER ACCESS PLAN SCALE: 1"=20' FEET 20 10 0 20 Im- SCALE IN FEET 14' 1' 14' ' 3' WALKWAY 3' WALKWAY ELEVATOR ELEVATOR ELEVATOR ELEVATOR , CRADLE CRADLE CRADLE CRADLE DECK EL +10.0 HW--+4.0 --- ------ ----- ------ ----- --------- EXISTING BOTTOM VARIES II III IIII III NIA RII Il B' MIN. BELOW n nI oil nn III In n III III FIRM BOTTOM it III IIII IIII II II Iln IIII IUI NIA III II II III 1111 1111 III xll II SECTION 'B' SCALE: 10=20' FEET 20 10 0 20 SCALE IN FEET NOT TO SCALE 6-x 6-x (AIL) TREATED PILE FIRM BOTTOM VARIES W MN. PENETRATION BELOW FIRM BOTTOM RECEIVEI? FEB Zl-)04 BY: REBUILD ACCESS PIER WITH BOAT UFTS A COMMUNITY PROECT BY MIDDLE OAKS SUBDIVISION HOMEOWNERS ASSOCIATION REQUESTED BY: BILLY W. F77R I (AGENT) 133 MIDDLE OAKS DRIVE WILIANGTON. NEW HANOVER CO„ N.C. DRAYM BY. WYn. H. WARREN,..R, FEBRUARY 2004 n"" 3' WIDE x 20' LONG FIXED LIFT ACCESS 15' 1' TYP.) C (TYPICAL 5-PLACES ELEV. +10) 15, (TYP) NOTE: ALL WOOD TREATED (0.40 RE1E11710N) ALL HARDWARE HOT DP GALVANIZED ALL PILES MATED (25f FOR SALT WATER) (ARL) REFERS TO AS REOIIRED LENGTH TYPICAL PIER SECTION "A