19890240 Ver 1_Complete File_19890101

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
April 25, 1989
M E M O R A N D U M
TO: John Parker
FROM: Bill Mills
SUBJECT: Revised Application CAMA Major
Maritime Way (Lewis Orr)
Pender County
The modified application has been reviewed. Our
original comments remain unchanged.
BM/dbp
cc: Preston Howard

DIVISION OF ENVIRONMENTAL MANAGEMENT
C E I V Date: April 21, 1989
To: Bill Mills APR 2 4 '1989
Operations Branch
bIVI"Itk QUALITY SECi10111
From: James H. Gregson J YcG Qt?t=1?I? r?u, ,1 S Wilmington Regional Office
Through: Donald Saf it
Wilmington Regional office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8902-B
Lewis Orr / Maritime Way
Pender County
PROJECT DESCRIPTION: Modification to CAMA permit
application.
The project will not require a 401 certification.
The proposed modifications do not change earlier
comments dated February 13, 1989.
JHG:trw
cc: DCM -
WiRO, CF
';P- w
MEMORANDUM
To: Wilmington Regiona -Office CAMA Permit RevieNv Agencies
From: Bob Stroud
Date: April 13, 1989
Subject: Modification to Permit Application Maritime Way (Lewis Orr)

The attached plats represent a change in position of the pier and docks
being proposed for the subject application.
This alignment moves the structure associated with boat docking to a more
landward position than that previously presented.
If there are any questions, please advise.

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SURVEY NOTES:
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TIQC RAN6E DOR11,16 SI,WV Sy -I INCH TO + 2 INGNBl.
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MARATIME WAY NEW TOPSAIL BEACH NC LOUIS OAR JR. ET AL OWNERS
- -lYE:-SUNOEaCANP.'-ARCHITECT. NCil 360511- SCAM r,I? ?IIFr DATLr.Aoc-rIgM DWG NA ?( __or-4

- DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from
(r
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
,`This office has no objection to the issuance of the permit(s) for the proposed
i"project with the following conditions:
_ That the activity be conducted in such a manner as to prevent significant
' increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by mor..e than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed project is certified
under Gen eral Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.

-WfT k )QUALITY S CTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
February 13, 1989
Bill Mills
Operations Branch
James H. Gregson
Wilmington Regional Office
A. Preston Howard J?°?
Wilmington Regional Office
RECEIVE[
FFR 1 51989
WATER CUAUTY SECTION
OPE4,AT!ONS 9RANCIP
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Lewis Orr
Pender County
Project Description: The applicant proposes to develop a 7.8
acre parcel of land. A dune cross-over and a pier/dock will be
constructed to serve the 26 single family building lots.
ADJACENT WATER BODY: Topsail Sound
CLASSIFICATION: SA STATUS: Open
The project has been reviewed to determine impacts to water
quality. The following comments below have been checked:
(X) The project will not require a 401 Water Quality
Certification.
(X) The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 25 NTU.
(X) Stormwater management plan was approved on 10-12-88.
This office has no objection to the project as proposed.
JHG:cwc
cc: WiRO, CF
DCM - C. Robert Stroud, Jr.
a
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Lewis Orr Jr.
2. Location of project site Topsail Beach between Banks Channel, (Topsail Sound),
the Atlantic Ocean -Davis Ave. and Haywood Ave. - Pender Co. New Photo 23-293,
Grid M, N, 0, P, Q-13
3. Investigation type: Dredge & Fill No CAMA yes
4. Investigative procedure: (A) Dates of site visit 9/23/88 1/10/89
(B) Was applicant present yes yes
5. Processing procedure: Application received complete Office WiRO
6. Site description: (A) Local Land Use Plan Topsail Beach
Land Classification from LUP Cons-marsh, Cons. Pub.
Access, Developed-Future Service developed
F.S./constraints
Development constraints identified in LUP Cons. marsh
- water dependent structures, Cons-public access - preserve public rights of
access, Future Service -None provided that zoning allows, F.S./constraint - for
development within Ocean Hazard must comply with CAMA reps and local zoning.
(B) AEC(s) involved: Ocean Hazard x Estuarine Shoreline X
Coastal Wetlands x Public Trust Waters X
Estuarine Waters x Other
(C) Water dependent: Yes No Other Both
(D) Intended use: Public Private X Commercial X
(E) Type of waste water treatment: Existing none
Planned Septic tanks and partially centralized system
(F) Type of structures: Existing none
Planned single family residences and recreational pool w/pier and docks
and dune cross over.
(G) Estimated annual rate of erosion 2'/yr+ Source CAMA erosion rate
i n-fnrmnti nn
7. Habitat description:
(A) Vegetated wetlands:
SDartina alterniflora-
mixed "404" (pier
crossing)
(B) Non-vegetated wetlands:
open water (shaded by
pier)
(C) Other:
Highground disturbance
(D) Total Area Disturbed:
AREA
Dredged Filled
graded
apex. 7.8 ac.
appx. 7.8 ac.
Other
appx. 75 s.f.
appx. 3960 s.f.
appx. 4035 s.f.
8. Project Summary The applicant proposes to develop an 7.8 acre parcel of land
by dividing it into 26 single family building lots and 1 common area for a
pool A dune cross-over and pier/dock with 8 slips will also be provided.
Lewis Orr, Jr.
Page 2
9. Project description - The project site consists of a parcel of land
approximately 7.8 acres in size located within the Town limits of Topsail
Beach. The site is bounded on the east by the Atlantic Ocean, on the west by
Topsail Sound (Banks Channel), on the north by Haywood Avenue and on the south
by Davis Avenue. The north and south boundaries are actually approximately 4
lots removed from the project property lines. The project crosses NC 50 and
Bridges Avenue. Along the Atlantic Ocean there is a primary dune system which
reaches a height of approximately 23' MSL. This dune appears to have been
altered by pushing the sand oceanward in the past. Landward of this dune the
property extends approximately 240' westerly to NC 50. From the west side of
NC 50 to Bridges Avenue is approximately 385'. From the west side of Bridges
Ave. to the approximately high water contour is approximately 310'. The tract
averages just under 355' wide. The area between NC 50 and Bridges Avenue is
technically outside any of the AEC's but is reviewed as part of this Division's
fill disclosure policy. The shoreline along Topsail Sound (Banks Channel) is
vegetated by a border of smooth cordgrass marsh (Spartina alterniflora) which
varies from 15' to 50' wide. Landward of this is a 15'-20' wide border of
mixed coastal and/or "404" type wetlands. The water depths in the project area
range from -2' mlw to -6.25 mlw. The waters are classified as SA open and are
not a designated primary nursery area.
The property will be divided into 26 single family lots. Each will be
approximately 0.3 acres in size. A common area will be located in the center
of the western property line (along the shoreline). This measures
approximately 160' x 80' except that a 20' x 135' strip extends along the mean
high water (mlw) contour. In order to accommodate the waste water from the 8
lots located between Bridges Avenue and the water, a common septic tank
disposal field will be located on the east side of Bridges Avenue in the
northwest corner of this tract. The other lots will be on individual septic
tanks. Water will be provided by the Town of Topsail Beach. Ten houses will
be located between NC 50 and Bridges Avenue. Eight houses will be located
between NC 50 and the Atlantic Ocean. Four of these houses will be first row
construction (see blueline). They will be located approximately 105'+ landward
of the first line of stable vegetation/ erosion escarpment. In order to allow
for septic tank repair areas the applicant is requesting to remove
approximately 12'-14' of the back toe of the primary dune. A retaining wall
will be installed along this cut line to prevent the further loss of sand
landward of the primary dune. Each of the first row units will have a 500 s.
f. deck on the first line level. There will also be a 6' wide dune crossover
to serve the interior lots. The access walkway will have a 500 s. f. deck at
the oceanward end. The total length of the accessway is shown as approximately
170' on the plan view and approximately 105' on the cross section. The latter
appears to be the most probable dimension. The pier will extend from the
common area which is located adjacent to Banks Channel. The dimension of the
pier will be approximately 5' wide x 25' (from mlw) connecting to a 15' down
ramp. The ramp connects to a 120' x 6' wide long floating dock. This
structure has four fingers each approximately 12' long. The central area has a
28' x 14 platform for common use. In addition to the finger piers there is a
series of eight mooring pilings set approximately 32' from the landward edge of
the floating dock. Eight slips are shown but 10 boats can utilize the
structure. A 30' buffer is provided along the estuarine shoreline except for
the wooden deck (40' x 65') leading to the pier.
Lewis Orr, Jr.
Page 3
10. Anticipated impacts - The pier portion of the project does not appear to be
consistent with the 27 s. f. of open water per linear foot of shoreline
requirement. The 135 linear feet of common area would allow for approximately
3645..s. f. of open water. The area shown on the plan is approximately 3810 s.
f. The pier must be redesigned to accommodate this discrepancy. The pier does
meet the one-third the water body rule and the 15' to riparian access corridor
has been waved for the lots to either side of the pier. The area of
disturbance landward of the dune is necessary in part due to the requirement
from the health department for a repair area for all septic tanks. This dune
was created in the past (post Hurricane Hazel) by pushing sand oceanward.
Provided the retaining wall is installed and the cut stabilized prior to any
other construction no significant impacts will occur. The local zoning allows
for the density which is being proposed. The project appears to be consistent
with the land use plan. Sedimentation/erosion control and stormwater approvals
have been obtained from the appropriate agencies.
Submitted by: 'C. Robert Stroud, Jr. Date: January 26, 1989
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
s1'APPLTC T s
a. Name Lewis Orr, Jr.
70-rr Realty, Inc. P.O.Box 3020
City To sai c State NC
X hone 919-328-0385
Zip Day p
Landowner or Authorized agent
b. Project name (if any) Maritime Way
d. Describe.the planned use of the project.
Subdivision
4 '?I fiTD_ ? ? ? r
7.8 acres
a. Size of entire tract
b. Size of individual lot(s) 0.3 acres average
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 6.0' average
d. Soil type(s) and texture(s) of tract
sandy loam
e. Vegetation on tract
maritime thicket
f. Man-made features now on tract none
c. If the applicant is not the landow,asa dive tx,?,
the owner's name and address. g What is the CAMA Land Use Plan Classifica-
N/qg'r tY= it „t
tion of the site? (Consult the local land use
.f.?, 0
J plan.)
X-Devel DeveloTransitional
ped Community
t7 r.LO ?I?`T?lON OL'.Pl\V-^ E ??f nC?IV?V t?`-
Tc, i -,- Rural Other
h. ow is the tract zoned by local government?
?_ ?- - B-1
a. Street address or secondary road number
Between Hwv 50 and Channel Blvd.
b. City, town, community, or landmark
Topsail Beach, NC
c. County Pender
d. Is proposed work within city limits or planning
jurisdiction? yes
e. Name of body of water nearest project
Atlantic cean and Topsail Sound
"3 DESCRI AND Puk"NNED
USE OPT 0M
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Single family units and community
pier.
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? New work
Will the project be for community, private, or
commercial use?
Private
i. How are adjacent waters classified? SA
j. Has a professional archaeological survey been
carried out for the tract? es
If so, by whom? David Brook with Division
of Archives & History
5 UPLAND
Complete this section if the project includes any
upland development.
a. Type and number of buildings facilities or
structures proposed 26 s i ng) e family
dwelli6a and 1 common pool area
b. Number of lots or parcels 27
c. Density (Give the number of residential units
and the units per acre.) 26 units or
approximately 0.3 units per acre
d. Size of area to be graded or disturbed 7.8 acres
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
ves and is approved
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. 1 .89%
g. List the materials, such as marl, paver stone,
asphalt, or a s c?i tq t a nd cod for paved
surfaces. p
h. If applicable, has a stormwater management
plan been submitted. to the Divisio of En-
vironmental Management? yes annd approved
i. Describe proposed sewage dis osal and/or waste
water treatment facilities. Septic tanks and
community collection and disposal
aci i y.
j. Have these facilities received state or local
approval? No, but have been submitted.
k. Describe existing treatment facilities.
None
1. Describe location and type of discharges to
waters of the state (for example surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down"). None
M. Water supply source Town of Topsail Beach
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access. None
o.
If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND. FILL
INFORMATION1.1
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, ter
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
155, 5' N/A
b. Amount of material to be excavated. from
below water level in cubic yards N / A
c. Type of material N/A
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? N/A
e. High ground excavation, in cubic yards N/A
f. Dimensions of spoil disposal area N/A
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N A
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where? N/A
j. Does the disposal area include any marshland,
swamplland,'or water areas? N/A
k. Will the fill material be placed below mean
high water? N/A
1. Amount of fill in cubic yards N/A
m. Type of fill material N / A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? N/A
p. Dimensions of the wetland to be filled N/A
q. How will excavated or fill material be kept on
site and erosion controlled? N/A
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? N/ A
s. Will wetlands be crossed in transporting equip-
ment to the project site? No If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
r _, SHQRELINE STABXLIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water
or normal water level N/A
c. Shoreline erosion during preceding 12 months,
in feet N/A
d. Type of bulkhead material N/A
C. Amount of fill, in cubic yards, to be placed
below mean high water N/A
f. Type of fill material N/A
`=; Y A`DDI'I IONA, INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
N/A
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Please note that original drawings are preferred and 9 CERTIFICATION AND PER-
MIS--only high quality copies will be accepted. Blue-line - `
?S:ION TO -ENTER SON: LAND
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
.
(Contact the U.S. Army Corps of Engineers regard :%y permit issued in response to this application
;Y
ing that agency's use of larger A allow only the development described in the
location map is a part of plat requiremen%-1 " ' as lication. The project will be subject to condi-
must b unfamiliarlwith tthe guie
sonn cler- ude,
,.., tions and restrictions contained in the permit.
,
county road (SR) numbers, landmarks, and the like. h11?t3i? that to the best of my knowledge, the pro-
?; t Alpg?e??activity complies with the State of North
r: o1
A stormwater management plan, if appli,;,?hl`e at-• :,\0
' , Carolin4:§-approved Coastal Management Program
may have been developed in consultation wi.MON.", and will be conducted in a manner consistent with
Division of Environmental Management. such program.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-lip monitor' of project.
This is he day of
19 b /
Name Norman Bellamy
Address 514 Lawndale
Garner NC 27529
Name Wilson Lewis
Address 604 W Steele St
Mount Olive, NC 28365
Name Marlid Corp. c/o Linwood Cherry
Address 1106 Hillandale Dr.
Durham, NC 27705
Name Edward Dougher N.A
: L?Z_'
or Authorized aw
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
McDonald
Address 1313 Foy Nne P.O. Box 36
Raleigh, N 27609 Raeford, NC 28376
. r??.Oie p;b
.r,.'.?•nccfrouq
ico of the COM- BdI13
nouth. :'i,gW.10. of ,?jr/l
p; of En;pncer4 (`?', ?? L
SITE LOCATION PLAN
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opths and If.? d o a0. 'P c ji'
27
n. _ .s.? ?? ( '.SLOG r ?? oyNO v' TANK,
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the use of °26 /
to marina 35
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Mapping C '-i:? !}r J t n• 1 (, f f ' /
Center ^'{(?1 t tblr??
40
41
cornme'r- 2 - 38
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36 42
35 39 39i
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36 ?.. 40 /
y?l?r. 0 11 26/ i 43
TOPSAIL I EIACH ; 72
5? 38 i 39 43
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(a Lfh -,a depth 291f)
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MARATIME WAY NEW TOPSAIL-,'BEACH NC LOUIS ORR JR ET AL OWNERS
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