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86-02 Wright, Thomas & Donna
Permit Class NEW Permit Number 86-02 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commissi n; Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Thomas & Donna Wright, PO Box 204, Wilmington, NC 28402 Authorizing development in New Hanover County at adi: Bradley Creek, off Shandy Lane Camp Wright S/D , as requested in the pemiittee's application dated 3/22/02. including attached workplan drawings (11), stated in Condition 1 of this Dermit. This permit, issued on July 1. 2002 , 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 oe suolect to lines, rmpnsonmerir or civil action; or may cause me permit to oe unit anti voiti. 1) The workplan drawings applicable to this permit are as follows: 1 labeled DCM Staff Drawing dated revised 6/11/02,=1 dated 2/14102, 6 dated 3/21/02, 1 dated 2/8/02, 1 dated revised 4/8/02 and 1 dated revised 2/11/02. Communitv Dockine Facili 2) In order to reduce any potential impacts to navigation and to be consistent with the rules of the Coastal Resources Commission, the entire floating dock, including finger piers and mooring pilings, shall be relocated as depicted on the attached workplan drawing labeled DCM Staff Drawing dated revised 6/11/02. In addition, the landward limits of the area of excavation shall be moved landward and shall be even with the landward edge of the 16 ft. x 16 ft. platform. The most waterward limits of the excavated area shall remain the same. (See attached sheets for Additional Conditions) This permit action may be appealed by the pemiittee 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 must 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 must cease when the permit expires on December 31, 2005 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. nha D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Thomas & Donna Wright ADDITIONAL CONDITIONS Permit #86-02 Page 2 of 6 3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit; application except as modified by Condition 2 of this permit. No other structure, whether floating or'stationary, may become a permanent part of this community docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 4) In order for the' project to remain consistent with T15A:07H.0208(b)(6)(D), which allocates the proposed structure:a maximum of four. square.feef of platform space per linear foot of shoreline, and in keeping with commitments made by the permittee, all waterfront lots are hereby dedicated for the purposes of determining, -space allocation: -Therefore, other, than .the community. docking facility authorized. by this permit, no additional piers or docking facilities will be allowed off any of the waterfront lots, either now or in the future. 5)' 'To ensure compliance with Condition' Nol 4'of this permit, the permittee shall place, deed restrictions on all waterfront'lots referencing the dedication referenced in'C' dition No. 4 of this permif.The deed restrictions shall be recorded with the New Hanover County Register of Deeds and a copy of the recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any activities authorized by this permit._ ; 6) -, :;;: No. sewage, -whether treated or untreated,,shall.,be discharged. at. any, time from any boats using the community, -docking; facility " Any. sewage' discharge; at the., community:; docking:. facility. shall- be considered a.violation of this perinit for whichthe permittee is responsible:,, This' prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) In; accordance with commitments made by the permittee, the main pier shall be elevated -a minimum of 8 feet- above mean high water for"a minimum'sbadd.20 feet -over the most navigable portion of the mud fl ,8);,, ,. The location of the elevated structure shall be, approved on site by a representative of, the Division of Coastal Management. prior to the commencement of any activities authorized by this permit. 9) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as. measured from the bottom'of the decking.'." ' 10) The pier 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. 11)_- ' No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States: 12) The authorized structure and associated activity must not cause an unacceptable interference with navigation. . 13) The permittee must 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. Thomas &Donna Wright Permit #86-02 T Page 3 of 6. ADDITIONAL CONDITIONS 14) The docking facility will be designed to accommodate no more than 5 vessels.- At no time shall more than 5 vessels be moored or docked at the facility. •• The restriction of the number of vessels shall apply to all, marine vessel' types; including but not. limited to motorboats; sailing, vessels. and personal r. ,watercraft:;. 15) It is possible that the authorized structure may be damaged by wave wash from passing vessels. 'The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and 'the safety of moored boats: The permittee will not hold the United States or State of NortlCarolina liable for any,such damage: 16) ..,The permittee will. 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. •-. _ Excavation 17) No excavation or filling will be'permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 18) Excavation willnot exceed,-5, feet below the meanlow.,water, level In no case shall the.; depth -of. excavation exceed the depth of connecting waters. e :19) . The inner edge of the basin cut shall be dredged to a.2:1, or shallower, slope,to prevent, sloughing of the coastal"wetlands or PrimaryNursery Area (PNA) ` 20) No_excavation shall be condncted.wrthin 16 feet of the edge Of anyarea of coastal wetlands. 21) n.No excavated or fill materials' will be placed at any -time in any vegetated wetlands or waters. 22) No vegetated wetlands will be excavated or filled. 23) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not.. authorized. 24) The permittee shall comply with the attached list of U.S. Coast Guard Regulations. Spoil Disposal 25) The: spoil disposal area must lie inspected_ and, approved by'a representative of the Division of Coastal Management at least two weeks prior to the commencement of any dredging activities. .26) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other, retaining structures to prevent spillover of solids into any "k arsh•or 'surrounding waters t c Thomas & Donna Wright Permit #86-02 Page 4 of 6 ADDITIONAL CONDITIONS i 27) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 28) The disposal area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. NOTE: This permit does not authorize the use of a hydraulic dredge. Subdivision Development 29) This permit authorizes only the land disturbing activities associated with establishment of the Camp. Wright Subdivision that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional landdisturbing activities and/or construction on individual lots shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 30) The construction of the access road, bridge an utilities shall be done in compliance with all local state and federal regulations. 31) No land disturbing activities are authorized within 30 feet of the mean high water. level. 32) No excavated or fill material will be placed in any location or in any, manner .so as to impair surface water flow into or out of any wetland area. Wooden Access Bridge 33) The wooden access bridge shall be built as depicted on the attached.workplan drawings. 34) The wooden• access bridge must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 35) The fill material for creating the bridge access ramps will be clean and free of any pollutants except in trace quantities. 36) All fill material for creating the bridge access ramps will be obtained from a high ground source and confined behind the permitted bridge abutments. 37) The bridge abutments shall be located landward of all wetlands. Sedimentation and Erosion Control 38) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 39) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain -erosion within thirty days of project completion. Thomas &Donna Wright Permit #86-02 Page 5 of 6 ADDITIONAL CONDITIONS 40) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands; watercourses and property (e.g. silt fence, diversion .,swales or berms, sand fence, etc.). Water Ouality 41) The N.C. Division of Water Quality (DWQ) has authorized the proposed project under General Water Quality Certification No. 3371 (DWQ Project No. 020664),'which was issued on 5/21/02. Any violation of the certification approved by the DWQ will be considered a violation of this. CAMA permit. 42) In accordance with the General Water Quality Certification issued by DWQ, any remaining wetlands. and. waters on. the property need to be placed in a deed notification or similar mechanism to notify the s:state in order to assure compliance for future wetlands and/or waters impacts. These mechanisms shall i'be put in place within 30 days of the date of the General Water Quality Certification or the issuance of the 404 permit whichever is later. 43) When working on the pier and docks and dredging, turbidity controls must be maintained throughout construction, so that turbidity does not exceed 25 NTUs outside the project area. Stormwater Management, 44) The N C _Division of.Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8020317 on 6/19/02. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 45) At no time shall building materials or construction debris be stored, stockpiled or left in the coastal .."-.',..wetlands. 46) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 47) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account 'of any such removal or alteration. x NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. i. Thomas & Donna Wright Permit #86-02 Page 6 of 6 ADDITIONAL CONDITIONS NOTE: The permittee is advised that this is a mosquito breeding area. Construction plans and operations should include an awareness of this. The-permittee is urged to contact the Public Health Pest Management at (252) 726-8970 and New Hanover County Mosquito - Control at (910) 252- 2505to arrange for a site visit or to obtain information to help prevent the creation of more mosquito habitat. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division'at (910)'395-3900 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 permittee and/or his contractor is urged to, meet with a representative of the Division prior to project initiation: NOTE:: The U.S. Army Corps of Engineers has assigned the proposed project COE"Action Id. No. 200200724. COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington zone. This list is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff, in order to be provided amplifying information or answers to any questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's Voluntary Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG staff at (910) 8154895, extension.108, to coordinate a meeting or dockside exam. 1. Lights on dredge pipelines (33 CFR 88.15) 2. Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) - 5. Special Marks (33 CFR 62.31) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8. - UTV. Marine Radar Requirement (33 CFR;164.01(b) & 164.72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1) I L Dredge or.UTV Advance Notice of Transfers (33 CFR 156.118) / I / Division of Coastal Management Application Processing Notes Applicant: Thomas & Donna Wright Application Type: NEW MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: Field Representative: Ed Brooks Deadline: 75 day: Date/Time 4/10/02 6/24/02 150 day: (if applicable) Message Application accepted as complete in Wilmington. 4/26/02 Application package received in Raleigh, assigned, reviewed and ready for distribution to the review agencies. This project is located.near the previously issued David Sims project, and the length of the proposed pier should be compared to the Sims pier with respect to navigation. 5/3/02 I sent an email to James Rosich advising him that his comments are pending for this project. 5/6/02 I emailed Henry Wicker reminding him that I needed his comments for this project. 5/29/02 I sent Henry Wicker another email reminding him that I need his comments for this project. 5/30/02 Henry Wicker called to tell me that he is working on the federal comments for this project and has comments in from all federal review agencies except USF&W, but does not anticipate any problems. He will try to get comments to me very soon. 6/11/02 Based on Ed Brooks's concern about potential impacts to navigation and the need to compare this to the permit issued earlier to David Sims, I prepared a revised drawing moving the floating dock portion of the proposed facility to the right side of the proposed "L" head. In doing this, the dockage would be pulled back ±30 ft. from the channel. This would open up the area to navigation but would also increase the amount of area to be dredged. 6/12/02 I ran this by Doug, and he recommended that I discuss with the field rep. I called Ed Brooks and he was agreeable as well. 6/13/02 I called Chris Connaway, agent, to discuss my recommended changes. He was agreeable, and would run them by his clients for their comments. Mr. Connaway called to say that he had spoken with Mrs. Wright, and she agreed to the changes I made. 6/21/02 I received comments from Henry Wicker, USACE. CAMA Major 86-02 drafted and to Doug for review. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: September 4, 2003 Regulatory Division Action ID No. 200200724 and State Permit No. 86-02 , Thomas and Donna Wright Post Office Box 204 Wilmington, North Carolina 28409 Dear Mr. and Mrs. Wright: REetwormoD SEP 15 J003 J�V,OF�pRri� pGEMENI Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify your State Permit. The Department of the Army (DA) permit issued on July 22, 2002, authorized the construction of Camp Wright, a 2 acre Subdivision, consisting of a bridge over wetlands, a small boat basin and community pier/dock, with five boat slips, on Shandy Lane, adjacent to Bradley Creek, in Wilmington, New Hanover County North Carolina. The modification request consists of the deposition of spoil material on the property owned by Lawrence B. Lee, President of Shore Acres. The disposal site is located just north of Shinn Creek, in Wrightsville Beach, between Banks Channel and the Atlantic Intracoastal Waterway. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable and that the expiration date is December 31, 2005. If you have any questions or comments you may call me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Copies Furnished: Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 20910-3282 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. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 2, 2002 Thomas and Donna Wright PO Box 204 Wilmington, NC 28402 Dear Mr. and Mrs. Wright The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. DH/jrs Enclosure Very sincerely, Douglas V. Huggett Major Permits/Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary FAX TRANSMISSION Date: July 2, 2002 To: Chris Connaway Ed Brooks, Coastal Management, Wilmington Coastal Management, Morehead City Henry Wicker, USACE, Wilmington Fax No.: 910.350.0440 (Connaway) 910.350.2004 (Brooks) 252.247.3330 (DCM Morehead) 910.251.4025 (Wicker) From: Jeff Schaffer, Coastal Management Subject: CAMA Major Permit for Thomas & Donna Wright Number of pages including cover sheet: K 9 Comments: Hard copy to follow via US mail. Also attached is a copy of the DCM Staff Drawing revised 6/11/02 that is referenced in the permit. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Permit Class NEW Permit Number 86-02 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Thomas & Donna Wright, PO Box 204, Wilmington, NC 28402 Authorizing development in New Hanover County at adi: Bradley Creek, off Shandy Lane Camp Wright S/D , as requested in the permittee's application dated 3/22/02. including attached workplan drawings (11), stated in Condition 1 of this permit. This permit, issued on July 1.2002 , is subject to compliancewith 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. 1) The workplan drawings applicable to this permit are as follows: 1 labeled DCM Staff Drawing dated revised 6/11/02, 1 dated 2/14/02, 6 dated 3/21/02, 1 dated 2/8/02, 1 dated revised 4/8/02 and 1 dated revised 2/11/02. Communitv Docking Facilit 2) In order to reduce any potential impacts to navigation and to be consistent with the rules of the Coastal Resources Commission, the entire floating "dock, including finger piers and mooring pilings, shall be relocated as depicted on the attached workplan drawing labeled DCM Staff Drawing dated revised 6/11/02. In addition, the landward limits of the area of excavation shall be moved landward and shall be even with the landward edge of the 16 ft. x 16 ft. platform. The most waterward limits of the excavated area shall remain the same. (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 must 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 must cease when the permit expires on December 31, 2005 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. nria D. Moffitt; Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Thomas & Donna Wright Permit #86-02 Page 2 of 6 ADDITIONAL CONDITIONS 3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application except as modified by Condition 2 of this permit. No other structure, whether floating or stationary, may become a permanent part of this community docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 4) In order for the project to remain consistent with T15A:07H.0208(b)(6)(D), which allocates, the proposed structure a maximum of four square feet of platform space per linear foot of shoreline, and in keeping with commitments made by the permittee, all waterfront lots are hereby dedicated -for the purposes of determining space allocation. - Therefore, other than the community docking facility authorized by this permit, no additional piers or docking facilities will be allowed off any of the waterfront lots, either now or in the future. 5) To ensure compliance with Condition No. 4 of this permit, the permittee shall place deed restrictions on all waterfront lots referencing the dedication referenced in Condition No. 4 of this permit.' The deed restrictions shall be recorded with the New Hanover County Register of Deeds and a copy of the recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any activities authorized by this permit. 6) No sewage,. whether treated or untreated, shall be discharged at any time from any boats using the community docking facility.. : Any sewage discharge at the community.. 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) In accordance with commitments made by the permittee, the main pier shall be elevated a minimum of 8. feet above mean high water for minimum,span of 20 feet over the most navigable_ portion of the mud' flat 8) The location of the elevated structure shall be approved on site by a representative of the Division of Coastal Management prior to the commencement of any activities authorized by this permit. 9) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as. measured from the bottom of the decking. 10) The pier 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. 11) No attempt -will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 12) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 13) The permittee must 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. Thomas & Donna Wright ADDITIONAL CONDITIONS Permit #86-02 Page 3 of 6 14) The docking facility will be designed to accommodate no more than 5 vessels. At no time shall more than 5 vessels be moored or docked at the facility.:. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal : .watercraft..,.. , - _ .. - • 15) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States or State of North Carolina liable for any such damage. 16) The permittee will. 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:if transferred to a third party. Excavation 17) No excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. -Excavation: wi not exceed -5 • feet below the mean low,; water level. In no case shall the depth of wexcavation exceed the depth.of,connecting waters-. ,19). The.inner edge of the basin cut shall be dredged to a 2:1, or shallower, slope to prevent sloughing of the coastal wetlands or -Primary NurseryArea (PNA).' 20) No excavation shall be conducted within 16 feet'of the edge of any'area of coastal wetlands. 21) "-,No excavated or fill materials will be placed at any'time in any vegetated wetlands or waters. 22) No vegetated wetlands will be excavated or filled. 23) The temporary placement or double handling of fill materials- within waters or vegetated wetlands is not. authorized. 24) The permittee shall comply with the attached list of U.S. Coast Guard Regulations. '..Spoil Disposal 25) The spoil disposal area must be inspected- and, approved by a representative of the Division of Coastal Management at least two weeks prior to the commencement of any dredging activities. 26) All 'excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any �:;',-marsh"or surrounding waters Thomas & Donna Wright Permit #86-02 Page 4 of 6 ADDITIONAL CONDITIONS 27) , The disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 28) The disposal area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. NOTE: This permit does not authorize the use of a hydraulic dredge. Subdivision Development 29) This permit authorizes only the land disturbing activities associated with establishment of the Camp Wright Subdivision that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional landdisturbing activities and/or construction on individual lots shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 30) The construction of the access road, bridge an utilities shall be done in compliance with all local state and federal regulations. 31) No land disturbing activities are authorized within 30 feet of the mean high water level. 32) No excavated or fill material will be placed in any location or in any manner so as to impair surface, water flow into or out of any wetland area. Wooden Access Bridge 33) The wooden access bridgeahall be built as depicted on the attached workplan drawings. 34) The wooden access bridge must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 35) The fill material for creating the bridge access ramps will be clean and free of any pollutants except in trace quantities. 36) All fill material for creating the bridge access ramps will be obtained from a high ground source and confined behind the permitted bridge abutments. 37) The bridge abutments shall be located landward of all wetlands Sedimentation and Erosion Control 38) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 39) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. ,14 Thomas & Donna Wright Permit #86-02 Page 5 of 6 ADDITIONAL CONDITIONS 40) , Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do, not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversionswales or berms, sand fence, etc.). , Water Ouatity 41) The N.C. Division of Water. Quality (DWQ) has authorized the proposed project under General Water Quality Certification No. 3371 (DWQ Project No. 020664), which was issued on 5/21/02. Any violation of the certification approved by the DWQ will be,considered a violation of.this CAMA permit. 42) In accordance with the General Water Quality Certification issued by DWQ, any remaining wetlands and waters ;on, the property need to be placed, in a deed notification or similar mechanism to notify the state in order to assure compliance for future wetlands and/or waters impacts. These mechanisms shall be put in place within 30 days of the date of the General Water Quality Certification or the issuance of the 404 permit, whichever is later. 43) When working on the pier and docks and dredging, turbidity controls must be maintained throughout construction, so that turbidity does not exceed 25 NTUs outside the project area. Stormwater Management ,.44). :.,The N.C. Division of Water Qualityapproved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8020317 on 6/19/02. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 45) At no time shall, building materials or construction debris be stored, stockpiled or left in the coastal wetlands. 46)..: This'perrnit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 47) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable,_ waters, the permittee will be required, upon due notice from the Corps of Engineers,'to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the -United Statesor the state of North Carolina on account of any such removal or alteration. NOTE: This permif'does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Thomas & Donna Wright Permit #86-02 Page 6 of 6 ADDITIONAL CONDITIONS NOTE: The permittee is advised that this is a mosquito breeding area. Construction plans and operations should include an awareness of this.- The permittee is urged to contact the Public Health Pest Management at (252) 726-8970 and New Hanover County Mosquito Control at (910) 252- 2505to arrange for a site visit or to obtain information to help prevent the creation of more mosquito habitat. NOTE: Future development of the permittee's property may require a modification of',this permit. Contact a representative of the Division at (910) 395-3900 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The,U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200200724. COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS Below is a list of regulations which are applicable to dredge_operations in the COTP Wilmington zone. This list is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff, in order to be. provided amplifying information or answers to any questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's Voluntary Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG staff at (910) 8154895, extension 108, to coordinate a meeting or dockside exam. 1. Lights on dredge pipelines (33 CFR 88.15) 2. - Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) 5. Special Marks (33 CFR 62.31) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8.- - UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10 .UTV'Ma' n*ne Casualty Reporting Criteria (46 CFR 4.05,1) . 's11 Dredge or UTV Advance Nonce of Transfers (33 CFR `156.118) r 7 hr,e�s t- / PRAIVN fir covAfk v .. U1.T__ _ M A.pWN 7/ 7,111-7 a fu NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director June 18, 2003 Thomas and Donna Wright PO Box 204 Wilmington, NC 28409 Dear Mr. Wright: Resources William G. Ross Jr., Secretary RGCGlV. JUN 2 3 2003 pry,0F.00 9TALLMA AGEMENT RALM This is with reference to the request submitted by your agent, Mike Conard, to modify State Permit #86- 02, which was issued on 7/l/02 and expires on 12/31/05. The action proposed in your submittal consists of the deposition of spoil material on the property owned by Lawrence B. Lee, President of Shore Acres. The spoil disposal site is located just north of Shinn Creek in Wrightsville Beach between Banks Channel and the Atlantic Intracoastal Waterway. The dredged area will be confined to the area previously approved by the Division. Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal Management Permitting Section, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #86-02, as described in your transmittal letter and plans dated 6/3/03, which was received in our office on 6/10/2003. By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have any questions concerning the above or if I can be of any other assistance, please advise. a Gregson anager cc: WIRO file, DCM Henry Wicker, COE Doug Huggett, DCM Charles Jones, DCM 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 Telephone 910-395-3900 Fax 910-350-2004 An Equ I Opp rtunity Affirm tive Acti n Empl yer DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Thomas & Donna Wright Camp Wright Subdivision & Community Pier County: New Hanover LOCATION OF PROJECT: Shandy Lane, adjacent to Bradley Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 10, 2002 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brooks DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: ✓ FEE REC'D:$ 4cJo END OF NOTICE DATE: 5-/2o/o2 DEED REC'D: L- APPLICATION ASSIGNED TO: Sc h.v.�14. ON: 412,001 C) 75 DAY DEADLINE: 124lo2. 150 DAY DEADLINE: MAIL OUT DATE: 1- a Q - a -a STATE DUE DATE: �E5 - 13 - D a FEDERAL DUE DATE: 4 / ► o /u1 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE t dL DENY DRAFT ON 21 oz AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 4126 /v2 Coastal Management - LUP Consistency $/w/ut ✓ Division of Community Assistance S�t /oy ✓ Land Quality Section 4 29 /02 ✓ Division of Water Quality JS 12-3 /oZ Storm Water Management (DWQ) d 1 l01'- State Property Office 5 it, hit- ✓ Division of Archives & History Division of Environmental Health C'K Division of Highways 5 /� /oy V/ Wildlife Resources Commission 4 3 ry / Division. of Water Resources Division of Marine Fisheries 51 A�uv Submerged Lands DMF lf0-w, Recommendations for State Permit -Camp Wright Subdivision & Community Pier 4/23/02 This project is similar to the Barker project, State Permit #132-00, and the Thorpe project, State Permit //22- 01, in that, the location of the Bradley Creek entrance channel and the PNA lines (per Fritz Rhode and Morris Allison with DMF) were established during those project reviews. This project is also in close proximity (just east) to the pending David Sims project and the proposed pier lengths should be reviewed in conjunction with one another with respect to navigation. The shoreline of the common area (5') is not sufficient to allow the proposed square footage of the docking facilities. The Wrights have submitted a copy of their proposed Declaration of Covenants, Conditions and Restrictions which prohibits additional piers by individual Lot owners. An executed copy should be required by condition or prior to any permit issuance. Provided the shoreline/riparian corridor/common area issues are resolved, and the Federal authorization and State 401 Certification approval are obtained for the dredging, I would have no objection to the issuance of a permit subject to the following conditions: 1. In order to protect juvenile shrimp, fmfish, and crabs populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3. No marsh grass will be excavated and/or filled. Excavation shall be limited to -5 ft. at MLW. ✓4. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. / 5. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill- over of solids into any marsh or surrounding waters. .//6. The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. vl 7. The applicant must call the Wilmington Regional Office for a disposal area inspection prior to beginning work. It is recommended that the applicant contact the appropriate Field Representative at least two weeks prior to the expected start date. 8. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the pier without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 1/9. No attempt will 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. 10. The authorized structure and associated activity must not cause an unacceptable interference with navigation. Recommendations for State Permit - Camp Wright Subdivision & Community Pier 4/23/02 Page 2 ✓11. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. ✓12. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. ,/13. The permittee will 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 project without having the permit transferred to a third -party. v14. The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property owner's areas of riparian access. ✓15. The pier facility shall accommodate no more than 5 vessels, 4 owners, 1 guest). At no time shall more than 5 vessels be moored, docked or located at the facility. The restriction on the number of vessels shall apply to all marine vessel types, including, but not limited to motor boats, sailing vessels and personal watercraft. V116. Boat slips are for the sole use of the subdivision lot owners, slips shall not be rented, leased, sold, or otherwise used by any party. 17. The construction of the access road, bridge and utilities shall be in compliance with all local, State and federal regulations, and associated permit conditions. fu101u1177Aa1110,1 TO: Doug Huggett Major Permits Processing Coordinator FROM James E. Rosich, AICP Wilmington District Planner SUBJECT: Land Use Plan Consistency Determination: Thomas & Donna Wright -- Camp Wright Subdivision and Community Pier — Shandy Lane, New Hanover County DATE: May 8, 2002 The applicant is proposing to subdivide a two (2) acre parcel into a four (4) lot residential subdivision. Development would include: subdivision infrastructure, bridge installation, excavation of a small boat basin and construction of a community pier/dock with five (5) boatslips to serve the (future) property owners of Camp Wright subdivision. The project site is located off of Shandy Lane, adjacent to Bradley Creek within the unincorporated portion of New Hanover County. According to the Division's Field Investigation Report the following Areas of Environmental Concern (AECs) will be impacted: Coastal Wetlands, Estuarine Waters and Public Trust Area. Additionally, federally -regulated "404" wetlands, as designated by the U.S. Army Corps of Engineers are present at the site. Waters at the site are classified SC(#), and are closed to shellfishing. Waters at the site are not designated as a Primary Nursery Area (PNA). This development proposal has been reviewed for consistency with the Wilmington — New Hanover County CAMA 1997-2010 Land Use Plan Update and Comprehensive Plan as amended. The land classifications for this site are Resource Protection (upland portion of site) and Conservation (above listed AECs). The purpose of the Resource Protection classification is to provide for preservation and protection of natural, historic, scenic, wildlife and recreational resources. Generally, residential densities must be less than 2.5 units per acre in this land classification. The purpose of the Conservation classification is to provide for effective long-term management and protection of significant natural resources. Allowable uses within this classification include water -dependent uses, such as docks and bulkheads. LUP Policy 3.4 states ensure the protection of coastal and federally regulated wetlands that have important functional significance through early identification in the development process. Review of development proposals should seek to achieve the hierarchical goals of avoidance, minimization and/or compensation. LUP Policy 4.9 states that estuarine and public trust waters maybe used to provide riparian access needs of property owners. This project appears to be consistent with LUP provided all local, state and federal regulations are met. cc: Bob Stroud, DCM Charles Jones, DCM Ed Brooks, DCM Dexter Hayes, New Hanover County Ann Hines, New Hanover County North Carolina Michael F. Easley, Governor 1811;15[81 � 1 JI TO: FROM: SUBJECT: Applicant: Project Location: * NCDENR Department of Environment and Natural Resources Division of Coastal Management Donna D. Moffitt, Director William G. Ross Jr., Secretary April 24, 2002 Mr. James Rosich, Community Planner DCM/WiRO Doug Huggett Major Permits Processing Coordinator MAY 1 0 Dllr 20p2 OF COASTAL CAMA/DREDGE & FILL Permit Application Review Thomas and Donna Wright Camp Wright Subdivision and Community Pier Shandy Lane, adjacent to Bradley Creek, New Hanover County Proposed Project: Subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: X 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 r - 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 IVY„�F9Q Michael F. Easley, Governor William G. Ross Jr., Secretary \c North Carolina Department of Environment and Natural Resources rGregory J. Thorpe, Ph.D. =1 Acting Director O Y Division of Water Quality May 21, 2002 Camp Wright Subdivision Mr. & Mrs. Thomas Wright P.O. Box 204 Wilmington, NC 28402 SUBJECT: Approval of 401 Water Quality and Additional Conditions Camp Wright Subdivision DWQ Project # 020664 New Hanover County Dear Mr. & Mrs. Wright: You have our approval, in accordance with the attached conditions (WQC # 3371) to conduct the following activity at your property located off Shandy Lane, Wilmington in New Hanover County. This approval allows you to: 1). Excavate a small 80 ft X 55 ft boat basin to a depth of-5 ft MLW (outside the PNA with at least a 2:1 slope as to not cause headcutting/sloughing into the PNA); 2). Construct a 476 ft X 6 ft pier terminating in a 16 ft X 16 ft I.head platform with finger piers and pilings to create five boat slips; 3). Impact a utility corridor in wetlands for a water line (55 Feet X 40 feet); 4). Build an elevated bridge across wetlands to access the site (55 feet X 12 feet). This approval is only valid for the purpose and design that you described in your CAMA application dated March 22, 2002 received by the Division of Water Quality (DWQ). After reviewing your application, we have determined that General Water Quality Certification Number 3371 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanxing CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your CAMA application dated March 22, 2002. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1). When working on the pier and docks and dredging, turbidity controls must be maintained throughout construction, so that turbidity does not exceed 25 NTUs outside the project area. 2). When dredging the basin a 2:1 slope will be necessary to prevent headcutting/sloughing back into the PNA. 3). To restore the wetlands to the original grade in the utility crossing. A NW 12 has been issued by the Corps of Engineers (see DWQ attached conditions WQC # 3374); Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer Page Two Mr. & Mrs. Thomas Wright May 21, 2002 4). Any remaining wetlands and waters on the property need to be placed in a deed notification or similar mechanism to notify the state in order to;assure compliance for future wetlands and/or waters impacts. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 permit (whichever is later). A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands Please provide this Office a copy of the recorded plat 5). The attached Certificate of Compl construction of the site. zubmitted to the Division upon final �Eii.. gg 99 Please notify this Office at the number liNAle-L 4 irony probl arises during the construction of the project that may affect water quality. ��c fp9.1.w'WSm If you do not accept any of the conditions of of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #020664 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900. Sincerely, ✓1 , yi Gregory J. Thorpe, Ph.D. Y� Acting Director, Division of Water Quality Attachments: GC # 3371 & 3374 Certificate of Completion cc: Corps of Engineers Wilmington Field Office — Henry Wicker 40f/Wetland Unit, Central Office — Cyndi Karoly CAMA Wilmington —Ed Brooks OAAMA Raleigh — Doug Huggett Chris Connaway - Agent Central Files WiRO- JUN.19.2002 10:46RM NCDENR WIRO NO.331 P.2 `O�QC W ArFR9G Mlchael F. Easley, Governor William G. Ross, Jr. Secretary 7 North Carolina Departme0tof Environment and Natural hesources > Alan W. Klimek P.E., Director O Y Division o♦ Water Quality Wilmington Regional Office Mr. Thomas H. Wright III, Owner PO Box 204 Wilmington, NC 28402 Dear Mr. Wright: June 19, 2002 Subject: Permit No. SW8 020317 Camp Wright Low Density Subdivision Stormwater Permit New Hanover County The Wilmington Regional Office received a complete Stormwater Management Permit Application for Camp Wright on June 17, 2002. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No, SW8 020317, dated June 19, 2002, for the construction of the project Camp Wright, This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions acid limitations as specified therein, and does not supercede any other agency permit that may be required,, If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional informgtion concerning this matter, please contact either Noelle Lutheran or me at (910) 395-3900. Sincerely, Rick Sliver Water Quality Regional Supervisor RSS =1 S:\WQS\STORMWAT\PERMIT\020317.JUN. cc: Jeff Malpass New Hanover County Inspections Beth E. Wetherill David Thomas, NCDOT District Engineer, Division 3, District 3 Noelle Lutlteran Division of Coastal Management Wilmington Regional Office Central Files N.C. Dlvlslap of water Quality 127 Cardinal Drive Extension Wilmingto0, N.C• Z11405 (910) 395.3900 Fax (910) 350.2004 Customer Saryloe 800-623-774B 7UN.19.2002 10:46AM NCDENR WIRO NO.331 P.3 State Stormwater Management Systems Penn'tNo W8020317 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS IJEREBY GRANTED TO Mr. Thomas H. Wright III, Owner Camp Wright New Hanover County FOR THE construction, operation and maintenance of a 30% low density' subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the ",vtormwater rules'D and the approved stonriwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Camp Wright. h„ The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations; I. DESIGN STANDARDS 1, Each of the 4 lots�is limited to a maximum of lot 91 @ 5,384 square feet, lot #2 @ 4,504 square feet, lot #3 @ 6,327 square feet, and lot #4 @ 4,829 square feet of built -upon area, as indicated in the approved plans. LAMA regulations may reduce the allowable built.upon area for those lots within the AEC, 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules, 3. Approved plans and specifications for projects covered by this permit ate incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. S. The only ninoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H!V) as defined in the stormwater riles and approved by the Division. h:. 6. All roof drains must terminate at least 30' from the mean high water mark. wct,, JUN.19.2002 10:47RM NCDENR WIRO NO.331 PA State Stormwater Management Systems f { Permit No.S S 020317 II,. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed intheir entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction erosion shall be kept to a minimum and any eroded areas of the Swales or other vegetated conveyances will be repaired immediately. 3. The permittee' shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal, c. Mowing, and revegetating of the side slopes, d, Immediate repair of eroded areas, e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number 020317, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to naintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is lot # 1 @ 503 84 square feet, lot #2 @ 4,504 square feet, lot #3 @ 6,327 square feet, and lot #4 @ 4,829 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons, h, Lots within CAMA's Area of Environmental Concern may have the permitted built - upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30' wide vegetated buffer.between all impervious areas and surface waters. j. All roof drains shall terminate at least 30' from the mean high water mark: JUN.19.2002 10:47RM NCDENR WIRO NO.331 P.5 State'Stormwater Management Systems PermitNO,SWB 020317 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording, 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request, 7. No piping shall be allowed except: a, Thatminimumamount necessarytodirectrunoffbeneathan impervious surface such as a road. b, That minimum amount needed under driveways to provide access to lots. S. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built,upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built,upon area limit is transferred to the individual property owner. 10, if the permittee sets up an Architectural Review Corninittee (ARC) to review plans for compliance with the restrictions, the plans reviewed must i4clude all proposed built -upon area (BUA), Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11, Within 30 days of completion of the project, the penmittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13, The permittee shall submit to the Director and shall have received approval for revised plans, i. specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on' the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b, project name change, c. Transfer of ownership, d. Redesign or addition to the approved amount, of built -upon area or to the drainage area. e. further subdivision, acquisition, or selling of the project area. f Filling in, altering or piping any vegetative conveyance shown on the approved plan. 14, The Director may determine that other revisions to the project should require a modification to the permit. JUN.19.2002 10:47RM NCDENR WIRO NO.331 P.6 State Stormwater Management Systems Permit NO.SW8 020317 15. Stormwater conveyances will be located in either dedicated right.of-way(public orprivate), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 4• ' 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215,6C. 2, The permit issued shall continue in force and effect'uritil revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause, The filing o� a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director, The Director may require modification or revocation and reissuance of the permit to change &, name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the e permit transfer re Division approves thquest. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the pentuttee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Perrnittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in r revisions to the plans, a permit modification must be submitted. S. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The pernittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 19th day of June, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -------•------ Alan W. Klimek, P.E,, Director V Division of Water Quality e By Authority of the Environmental Management Commission Permit Number SW8 020317 JUN.19.2002 10:46AM NCDENR WIRO NO.331 F.1 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G, Ross Jr,, ,secretary Date: To: CO: FAX MARKS: FAX COVER SKEET No. Of Pa es: From: CO: 1FAX#: 0-350 7. nd 127 Oorginl Drivc r,Atehsloh, Wilmington, U.25405aga5 Telephone (91o) 395a900 Fax (910) 3s0.2004 An Equol Opportunity AMrmIfive Action Employer r NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross, Jr., Secretary MEMORANDUM Preston P. Pate, Jr., Director kl!�-t'LL10166 MAY 2 4 2002 c�,:.c:i: ;t TO: Doug Huggett Major Permits Processing Coordinator FROM: Mike Street.,—%z/ DATE: May 23, 2002 SUBJECT: CAMA/DREDGE AND FILL PERMIT Thomas and Donna Wright Camp Wright Subdivision and Community Pier New Hanover County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MS/sw 3441 Arendell St., P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252-726-7021 1 FAX: 252-727-51271 Internet: www. ncdmf . net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCDENR ` North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 24, 2002 Il IaLVAMIll x 111US TO: Fritz Rohde Mr. Preston P. Pate, Jr., DirectorMAY G 4 2002 Division of Marine Fisheries LMAY �Iv FROM: Doug Huggett n'2 12002 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review HABITAT Applicant: Thomas and Donna Wright Camp Wright Subdivision and Community Pier Project Location: Shandy Lane, adjacent to Bradley Creek, New Hanover County Proposed Project: Subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 1(iu DATE S-- k )a -0 Z. 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 r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 29, 2002 MEMORANDUM TO: Mr. Bennett Wynne 2002 Wildlife Resources Commission JUN 0 3 ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW APPLICANT: THOMAS & DONNA WRIGHT/CAMP WRIGHT SUBDIVISION & COMMUNITY PIER PROJECT LOCATION: SHANDY LANE, ADJACENT TO BRADLEY CREEK, NEW HANOVER COUNTY PROPOSED PROJECT: SUBDIVIDE A 2 ACRE TRACT INTO A 4 LOT SUBDIVISION AND DEVELOP: BRIDGE, BOAT BASIN AND PIER WITH 5 BOAT SLIPS Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. —b,.,, his agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED %� G✓ti DATE 1638 Mail Service Center, Raleigh, North Carolina 28699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://dem2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10%< Post Consumer Paper ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne" Habitat Conservation Program DATE: May 30, 2002 SUBJECT: CAMA Dredge & Fill Permit Application for Thomas & Donna Wright/Camp Wright Subdivision & Community Pier, Bradley Creek, New Hanover County, North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. We regret that time constraints delayed our response. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to subdivide a 2-acre tract into 4 lots and develop a bridge, boat basin, and 5-slip pier on Bradley Creek. The bridge would cross a 404 wetland drain to access 2 of the lots. Proposed dredging for the boat basin would involve 0.1 acre of shallow bottom. The pier would be elevated over mud flats that may be navigable at high tide. A paved access road is also proposed. A broad expanse of coastal wetlands borders the creek. Such wetlands typically provide excellent habitat for raccoon, opossum, muskrat, wading birds, waterfowl, juvenile estuarine fishes and invertebrates. Bradley Creek is classified SC and parts of the stream are designated Primary Nursery Area (PNA). The subject site is located just outside (north) of the designated PNA. As proposed, approximately 0.15 acre of wetlands and shallow waters would be shaded by the project on a sensitive estuarine system that has already been heavily impacted by water dependent structure development. Turbidity associated with dredging could cause mortality of sensitive early life stages of estuarine organisms, especially if the work is done during warm weather. Dredging would also result in additional loss of productive shallow water habitat in an Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 � 1 y Camp Wright Subdivision 2 5/30/02 area where significant losses of this habitat type have already occurred. Also, impervious surfaces would be added to the watershed by the paved access road (0.08 acre) and subsequent home construction. Based on these concerns, we recommend the following permit conditions. 1. Reduce the scope of the dock and boat basin construction to provide I slip per lot for a total of 4 slips instead of 5. This will reduce shading and excavation impacts. 2. Dredging will avoid the April 1 to September 30 period of peak biological activity. Dredging activity shall also be contained within a turbidity curtain to afford greater protection to the adjacent PNA. 3. Gravel or pervious paving materials will be used for the access road to minimize potential for stormwater runoff next to a PNA. 4. The bridge and pier will be elevated a minimum of 4 ft. off the wetland soil surface to reduce shading effects on underlying wetland vegetation. Thank you for the opportunity to comment on this project. If you have questions regarding these comments, please call me at (252) 522-9736. MMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 24, 2002 MEMORANDUM TO: Dan Sams for: Mr. Charles Gardner, Director Division of Land Quality FROM: Doug Huggett q p Major Permits Processing Coordinator R 2 2C^I SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Thomas and Donna Wright Camp Wright Subdivision and Community Pier Project Location: Shandy Lane, adjacent to Bradley Creek, New Hanover County Proposed Project: Subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: V 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. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED y vu Y C [.v DATE Al — 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 � NCDENR APR 2 5 2V''` North Carolina Department of Environment and Natural RVM ces Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 24, 2002 MEMORANDUM TO: Mr. Charles F. Stehman, P.G., Ph.D. Division of Water Quality/Groundwater Section FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APR 2 9 2002 Applicant: Thomas and Donna Wright ➢1V 0 Camp Wright Subdivision and Community Pier Project Location: , Shandy Lane, adjacent to Bradley Creek, New Hanover County Proposed Project: Subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as pr posed. \reIC40-&-to yvaj.4der ✓ This agency has no co ent on the pro osed pro ct. Aaj I� 4"J � P''ti Iv�Yt� dl$ �'�.ff. _of¢rti'a s will [�2. 3`h-es ill This agency approves of"tYte pro e4cto- y ii"t{�ier%elmmended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 127 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 NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director April 29, 2002 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator Resources�IlaToI Ilk M4Y 1 2002 William G. Ross Jr., SMON OF WATER RESOURCES JUN Z 4 20p? a, SUBJECT: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW APPLICANT: THOMAS & DONNA WRIGHT/CAMP WRIGHT SUBDIVISION & COMMUNITY PIER PROJECT LOCATION: SHANDY LANE, ADJACENT TO BRADLEY CREEK, NEW HANOVER COUNTY PROPOSED PROJECT: SUBDIVIDE A 2 ACRE TRACT INTO A 4 LOT SUBDMSION AND DEVELOP: BRIDGE, BOAT BASIN AND PIER WITH 5 BOAT SLIPS Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. x This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE k"O' 1638 Mail Service Center, Raleigh, North Carolina 28699-1638 Phone: 919-733.2293 \ FAX: 919.733-1495 \ Internet: http://dcm2.enr.state.ne.us An Equal Opportunity \Affirmative Action Employer — 500/6 Recycled \ 100/6 Post Consumer Paper Mar 04 02 10:50a Development Services (910) 341-3264 p.2 AJ WILMINGTON city of wlmington North Carolina March 4, 2002 Ed Brooks, NCDENR Cardinal Dr. Wilmington, NC Mr. Brooks: Development Services 305 Chestnut Street PO Box 1810 Wilmington, NC 28402-1810 (9 10) 341-7873 Idd In reference to the proposed CAMA permit for 5 boat slips at the 4 lot subdivision known as Camp Wright, applicant Donna. and/or Thomas Wright, the City of Wilmington has no objection to the issuance of said permit. At the present time, there is no City ordinance that would prohibit this use or require a further review. Sincerely, John W Fullerton, Zoning Administrator ECK P MAR 2 6 2002 OF COASTAL DIV)SION MANAGEMENT Community Development Planning Engineering Development Management (910) 341-7836 telephone (910) 341-3258 telephone (910) 341-7807 telephone (910) 254-0900 telephone (910) 341-7802 facsimile (910) 341-7801 facsimile (910) 341-5881 facsimile (910) 341-3264 facsimile Received 03-04-02 10:48ao Fror910 341 3264 To-WRIGHT CORPORATION Page 02 r NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: April 24, 2002 Ms. Melba Laney for: Mr. William A. McNeil, Director Division of Community Assistance Resources William G. Ross Jr., Secretary RECL-w Vi!t& MAY 0 12002 Doug Huggett DIV tA�CDASiAI !A1dAtQ Major Permits Processing Coordinator 6 ;tcM.A CAMA/DREDGE & FILL Permit Application Review Thomas and Donna Wright Camp Wright Subdivision and Community Pier Shandy Lane, adjacent to Bradley Creek, New Hanover County Proposed Project: Subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. U/ 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 �, Ink 2eDATE z L 1 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.en r. state. no. us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director April 24, 2002 MEMORANDUM TO: Ann Hines, LPO New Hanover County FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Thomas and Donna Wright Camp Wright Subdivision and Community Pier Project Location: Shandy Lane, adjacent to Bradley Creek, New Hanover County ' RECEIVED APR N 9 2002 MAY 0 3 2002 ON OFCOASTA^ "o RALE; - j 'WG84EWT Proposed Project: Subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at 910-395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: JCThis 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 !/� r�- c DATE Tr oZ 127 Cardinal Drive Extension, Wilmington, North Carolina28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity \ Affrmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 29, 2002 MEMORANDUM TO: Mr. Joseph H. Henderson, Director MAY 0 6 2002 State Property Office Department of Administration F)MOFCOAF�T ` "" "7 7� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW APPLICANT: THOMAS & DONNA WRIGHT/CAMP WRIGHT SUBDIVISION & COMMUNITY PIER PROJECT LOCATION: SHANDY LANE, ADJACENT TO BRADLEY CREEK, NEW HANOVER COUNTY PROPOSED PROJECT: SUBDIVIDE A 2 ACRE TRACT INTO A 4 LOT SUBDIVISION AND DEVELOP: BRIDGE, BOAT BASIN AND PIER WITH 5 BOAT SLIPS Please indicate below your Vency's position or viewpoint on the proposed project and return this form by May 13, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY rCtl.Cl'V tL! _his agency has no objection to the project as proposed. MAY pi 2w This agency has no comment on the proposed project. State Property Office This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED 444 ;i-D 1, "ATE S L 1638 Mail Service Center, Raleigh, North Carolina 2499-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 500% Recycled \ 109k Post consumer Paper NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director Aprilea,?�Q�,per MEMORANDUM MAY 1 1 1011 (D, TO: Linda Sewall, Director DIV. OF COASTAL MANAG Ltf Division of Environmental Health R.^LEM FROM: Doug Huggett Major Permits Processing Coordinator Resources William G. Ross Jr., Secretary MAY - SHELLFISH SANITATION SUBJECT: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW APPLICANT: THOMAS & DONNA WRIGHT/CAMP WRIGHT SUBDIVISION & COMMUNITY PIER PROJECT LOCATION: SHANDY LANE, ADJACENT TO BRADLEY CREEK, NEW HANOVER COUNTY PROPOSED PROJECT: SUBDIVIDE A 2 ACRE TRACT INTO A 4 LOT SUBDMSION AND DEVELOP: BRIDGE, BOAT BASIN AND PIER WITH 5 BOAT SLIPS Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 2002. If you have any questions regarding the proposed project. please contact Doug Huggett at 733-2293. When appropriate. in-depth comments with supporting data are requested. 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. This agency objects to the project for reasons described in the attached comments. SIGNED &0JQ1t-a DATE 5/7 (OZ- 1638 Mail Service Center, Raleigh, North Carolina 28699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Intemet: httpJ/dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper GENERAL COMMENTS Applicant: %z%� The applicant should be advised that plans and specifications for all water system Improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C 0.0300 et. seq.). For information, contact the Public Water Supply Section, (919)733- 2460. This project will be classified as a non -community public water supply and must comply with state and federal drinking water monitoring requirements. -For more information, the applicant should contact the Public Water Supply Section, (919)783-2321. If this project is constructed as proposed,' we will recommend closure of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Soniranen Section, (252)726-6827. Cumulative impacts from this type of.project could cause deterioration in water quality. The proposed prcyr would increase impervious surfaces and alter natural drainage patterns. There would be a loss of nar rcl vegetation causing an increase in stormwater runoff which could jeopardize the open status of ad)acenr warners. For more information, the applicant should contact the Shellfish Sanitation Section of (252)726-6827. The subject project is located in an area open to shellfish harvesting. The 10-siip dock as pr000sec. woutc nor cause closure in accordance with 15A NCAC 18A MARINAS: DOCKING FACILITIES: Oi-ER MOORING AREAS. however, dockage at the facility could exceed 10 boats. If this was to occur, closure wcule be reccmme-.cea ,- accordance with DEH rules. For information regarding shellfish sanitation, the cccliccnr snculc ccnrcc:-e Sanitation Section at (252)726-6827. Proliferation of these type facilities coure cause aetenoradon in waver duelity cnc cc; seaLen-v of sroallfishing waters. For more informerion, the corAccnr steuld connect the Shellftti Scnlrcrcr. _ -c.. - / (2521726-6827. _-, The moil disposal areas) pr000sea fcr ,, as preiecr may arccuce c r:cscuric creeanc crcclerr _c_ - _ . ccnceminc coorepnare mescLTc crele-inc measure, he cccliccnr scuc --- c- -e =•-ccc iIACr-:aaerTr@^ eCilO (2°2?725-;C7� Ine CCCIIcarS snook asc CCniCC: % cr, ci ,n z canr✓ c V 7,^.rs :s o Mamma creealnc ar-_ C S scacr GCCs a...- _.--Gi;cns ,.,.._ cC.___ _celicarr snauc cortcct the F is =ec Pes; Menec_=-7-:enr -_-. --- _ - e , c. _ --c— --- - -=_ Greve-nt the cre-a or. of mare mcscurc recce. _ e ccciicarr snculc ccnrcc: *, f !csc sc =r-= - c1sti c 'r.e cccliccnr should be eevrsec mc -s ar ,s _ mcscLutc infese -.Gana. '4csc via cc. c, .... _e c c Ire acallcant should be acrosea mar Cr;cr to Tie removci cr aemcihicn of cflccicateC rcee: , control program may be nece-wry in croer to prever. t ttte macrarien cf rca hr tc caccerT lnfcrmal on concerning rodent contro. confect the local health aecc rmenr cr the -=Hc r._ ,T: Seccn, (919)733-6407. -r_ =Oicom snould be dav:sec re Cauca, Te iccci heath ceadr--env r ccrcinc -nerr �c insc la ohs (as requir C LTCe SG. 1CAC ; 5A .19G0 etsec.;. -cr inferrr�cr. ccnc� arc se_zc _ r c-a ::Ter orr5ite wasle disposal rne•-rrzC--:. =MCC m= Ong-Sde Waziewaler SerriCn -T iC' =1733-ZE The =Oilcan should be aavlsec fa ccr—.,CCT The local hectti; aecc iI i , :em recCalnC ,, ,& is project. The applicant should work with the local health department to assure that plans for the _ are ap/pr/11 roovv�eed Irt.prior to ction. ,,0,j /�f Reviewer: / i�-ez& c (/ ^' 'n" Date: State of North Carolina Department of Environment and Natural Resources Division of Environmental Health Michael F. Easley., Governor William G. Ross, Jr., Secretary Linda C. Sewall, Director IU__ U_ 1 4 01 1/ TO: Doug Huggett FROM: Gina Brooks A4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MAY 10 2002 DIV. OF COASTAL MANAGEMENT W.LEIGH SUBJECT: CAMA Permit Application Review - Thomas & Donna Wright/Camp Wright Subdivision & Community Pier, New Hanover County DATE: May 7, 2002 The subject project is located in an area which is closed to shellfish harvesting; however, the dredge disposal area is located in an open area. The applicant is advised to notify the Shellfish Sanitation Section prior to dredging from a closed shellfishing area with effluent disposal to an open area so that a temporary shellfish closure can be made. Should you have any questions or concerns, please contact me at (252)726-6827. Shellftsk San mf= Semon, P. O. Box 769, Morehead City, NC 2M57-M69 Telq&= 252-726-&-n / FAX 252-726-8475 / IlMMET: www. dL=.m .=m/ehcUffi / An Equa oppo mmry Af%mive Amon Rmpluyer 50% Reyded / 10`b Pam-C� Pp= r_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 29, 2002 1000Z4._• 1 1Ll TO: Mr. L. A. Sanderson, P. E. Highway Administrator Division of Highways MAY 0 7 2002 DIV. OF COASTAL MANAGEMENT W LE:3H FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW 31� APPLICANT: THOMAS & DONNA WRIGHT/CAMP WRIGHT SUBDIVISION & COMMUNITY PIER PROJECT LOCATION: SHANDY LANE, ADJACENT TO BRADLEY CREEK, NEW HANOVER COUNTY PROPOSED PROJECT: SUBDIVIDE A 2 ACRE TRACT INTO A 4 LOT SUBDIVISION AND DEVELOP: BRIDGE, BOAT BASIN AND PIER WITH 5 BOAT SLIPS Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. INDIW1151 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. This agency objects to the project for reasons described in the attached comments. SIGNED bi Q�n� DATE O Z, 1638 Mail Service Center, Raleigh, North Carolina 28699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 500/6 Recycled \ 10% Post Consumer Paper U.S. ARMY CORPS OF ENGINEERS' v WILMINGTON DISTRICT MAR 2 12112 Action Id. "IObaDDIaa County /Vew nKoVer COl�i,ad��it7✓rr�l Vr/� I�ekct NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property owner Address W"IftI 40 P% t^ "Agw-) UTM or LAT/LONG ill 3N8 Y5aa I 2-� -:�3g59a zone b Size and Location of project (waterbody, road name/number, town, etc.) Description of`IActivity AIM rinJ a -�e Ouer UJe tnw'c � 4.CCZ S Cl ✓O'�O P. Y`lf.. No I �II-MI S Iwo' I I1 1( �:CllI eI QA10f- AN I T 4 lanj /IW Your work as described above does not require Department of the Army authorization for the following reason(s): There are no jurisdictional waters or wetlands within the boundaries of the project as described above. This determination is effective for five years from the date of this document. _The proposed project does not have a regulated impact on jurisdictional waters or wetlands. The proposed project is exempt from Department of the Army ulations. (Specify i�nu r-" I (I he a r mwr.lna.ti i t r 1"N' r Ya t^inr I L- `kf'an,�N C r Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers prior to commencement. Please contact the Regulatory Official specified below. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management at telephone (919) 733-2293 to discuss any required State permit authorization. This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other required Federal, State, or local approvals/permits. Date 3-2-0 LC�" Corps Regulatory Official Telephone SURVEY PLATS, FIELD SKETCH, WET ND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FIL COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. SAW Form 654 February 1999 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: June 25, 2002 Regulatory Division Action ID No. 200200724 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: p AIN l 7 20�2 �OrC©�Tt� rrr,. Reference the application of Thomas and Donna Wright for a Department of the Army permit to construct Camp Wright, a 2 acre Subdivision, consisting of a bridge over wetlands, a small boat basin and community pier/dock, with five boat slips, on Shandy Lane, adjacent to Bradley Creek, in Wilmington, New Hanover County North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 3. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands. 4. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 6. No vegetated wetlands will be excavated or filled. 7. Excavation will not exceed 5 feet below the elevation of mean low water (MLW). 8. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 9. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 10. No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 11. The permittee shall comply with the attached list of United States Coast Guard Regulations. 12. It is possible that the authorized structure may be damaged by 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 permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 13. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 14. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 17. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the 2 opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4930. Sincerely, ^) 44" vv Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Water Quality Section North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland 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, NOAA Pivers Island Beaufort, North Carolina 28516 G! Mr. David Rackley National Marine Fisheries Service, NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 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. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office Wilmington 1502 North 23`d Street Wilmington, North Carolina 28405 COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS Below is a list of regulations, which are applicable to dredge operations in the COTP Wilmington zone. This list is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff, in order to be provided amplifying information or answers to any questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's UTV Voluntary Commercial Dockside Examination program. Please contact BM1 Dan McDonald of the USCG staff at (910) 722-2226, extension 108, to coordinate a meeting or dockside exam. 1. Lights on dredge pipelines (33 CFR 88.15) 2. Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) 5. Special Marks (33 CFR 62.31) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1) 11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118) 5 June 21, 2002 Regulatory Division Action ID No. 200200724 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Thomas and Donna Wright for a Department of the Army permit to construct Camp Wright, a 2 acre Subdivision, consisting of a bridge over wetlands, a small boat basin and community pier/dock, with five boat slips, on Shandy Lane, adjacent to Bradley Creek, in Wilmington, New Hanover County North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 3. All excavated materials will be confined landward of the mean high water (Maw) elevation contour and any regularly or irregularly flooded vegetated wetlands. 4. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 6. No vegetated wetlands will be excavated or filled. 7. Excavation will not exceed 5 feet below the elevation of mean low water (MLW). 8. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 9. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 10. No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 11. The permittee shall comply with the attached list of United States Coast Guard Regulations. 12. It is possible that the authorized structure may be damaged by 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 permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 13. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 14. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. a 17. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. Should you have any questions or comments, please contact the undersigned at telephone (910)251-4930. Sincerely, Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Water Quality Section North Carolina Department of Environment and Natural Resources 1650 Mail Service Center 3 16 Raleigh, North Carolina 27699-1621 Dr. Garland 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, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 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. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office Wilmington 1502 North 23`d Street Wilmington, North Carolina 28405 E1 J COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington zone. This list is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff, in order to be provided amplifying information or answers to any questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's UTV Voluntary Commercial Dockside Examination program. Please contact BM1 Dan McDonald of the USCG staff at (910) 722-2226, extension 108, to coordinate a meeting or dockside exam. 1. Lights on dredge pipelines (33 CFR 88.15) 2. Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) 5. Special Marks (33 CFR 6231) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1) 11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118) 5 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 21, 2002 Regulatory Division Action ID No. 200200724 Thomas and Donna Wright Post Office Box 204 Wilmington, North Carolina 28402 Dear Mr. and Mrs. Wright: JUN 0 7 2002 Oh July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 29, 2002, for Department of the Army authorization to construct Camp Wright, a 2 acre Subdivision, consisting of a bridge over wetlands, a small boat basin and community pier/dock, with five boat slips, on Shandy Lane, adjacent to Bradley Creek, in Wilmington, New Hanover County North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its fiuther management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act, has been assigned Action ID No. 200200724 and will be coordinated by the undersigned in the Wilmington Regulatory Field Office. I am available at telephone (910) 251-4930. Enclosure Copies Furnished (without enclosure): 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. John Domey Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office 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. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Regulatory IjrviSlOn REFER TO S _0 _C 7� MAY 2 2 2002 INb.O'COIiSTk� f i^Pe -La w Action ID. 200-QDC/) 7g) Applicant: I _ {' MAs 6n✓1 LI)PIC rt_ Waterway: /9 1• ( County: 66 ej— Type Work: tr c Mr. Ron Sechler Commander, Aoww National Marine Fisheries Coast Guard, Atlantic Area Service, NOAA 431 Crawford Street Pivers Island Portsmouth, Virginia 23704 Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Section — IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Garland Pardue, Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Commanding Officer United States Coast Guard Marine Safety Office 1502 North Front Street Wilmington, NC 28405 Gentlemen: Without enclosures Mr. Doug Huggett Division of Coastal Management NC Dept of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Pohl S�� Regional Office Division of Coastal Management NC Department of Enviornment, Health and N tural esource L 1c r lv. Mr. David Rackley National Marine Fisheries Service, NOAA 219 Forth Johnson Road Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before (P -/(% — 0 Z Questions or comments may be addressed to the undersigned, available at telephone (910)251-4930. Sincer rly, Henry Wi ker, Project Manager Wilmington Regulatory Field Office Enclosure REDEVIED JUN 2 7 20002 NCDENR DtY.0FCOASTALMAk.Wrollna Department of Environment and Natural Resources R ILIGH Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 29, 2002 MEMORANDUM TO: Ms. Renee Gledhill -Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW APPLICANT: THOMAS & DONNA WRIGHT/CAMP WRIGHT SUBDIVISION & COMMUNITY PIER PROJECT LOCATION: SHANDY LANE, ADJACENT TO BRADLEY CREEK, NEW HANOVER COUNTY PROPOSED PROJECT: SUBDIVIDE A 2 ACRE TRACT INTO A 4 LOT SUBDIVISION AND DEVELOP: BRIDGE, BOAT BASIN AND PIER WITH 5 BOAT SLIPS Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. VThis agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This ency objects to the project for reasons described in the attached comments. SIGNED (It Ali DATE 1638 Mail Service Center, Ra ' h, North Carolina 28699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\ Affirmative Action Employer —50%Recycled \10%Post Consumer Paper MAY 0 6 2002 y U.S. ARMY CORPS OF ENGINEERS MAY t 6 2002 � Wilmington District DIVISION OF j COASTAL MANAGEMENT Action ID: �DQXQ-27 6 County: /� � 'I- A'V oa� Notification of Jurisdictional Determination Property owner/Authorized Agent Address Telephone Number n(Q) a �56 — 3 Y Z Size and Location of Property(waterbody, Highway name/number, town, etc.) Indicate Which of the following apply: • There e wetlands oV the above describe# property wwe strongly s est should delineated and curve The suryed wetland lines "t be verifi our staff b ore the Corwin makda final juris ictional dete oration on your pr erty. • Becaus of the size of Jour property an our present wor oad, our identi ation and de ' ation of yo r wetla cannot be a mplishW in timely manner. ou may wish to mploy a cons ant to obta' a mor timely delinea on of the well Once your ultant has fla ed a wetland ' on the pro rty, Co s staff will r it, and, if it ' accurate, we str gly zecomme that you have a line sury for 1 approval by a Corps. The rps will not ma a final jurisdi Iona] determin ion on your property thout an appr ed survey. • The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three ears from the date of this notification. • There are no wet, nds present on a above d cribed property hich are bject to the ermit requ' ments of S tion 404 of the can Water t (33 USC 1344) (7nless the is a change t e law or o published r gulations, this termination ay be relied upo or a perio of to exceed ee years fro the date of ' notificatio • The project is located in one of the20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. �%D} 395 -,3 960 Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Property Agent Project Manager Signature Date 5— / k - O off— Expiration Date SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TP THE YELLOW (FILE) COPY OF THIS FORM. 04Bis 6'�(� rw.ikps .[j j�.�t W�,����j/ �iy� .- j � � /y� �(� CCSAW F.3" 1� I N iQ,. I TD L _ r1 ""� V4&4 '..1.- `i_ `*10, .S a4lt 1 OLT 91 6 V -7RW,�'EM OTMCAXIOOY�ADAMNTSTRA, TIVE APEEAL OPTIONS;AND PROCESS'AN6 REQUEST FOR APPEAL - Applicant: A-31auno + 00 ri Pa r: File Number: Date: Attached is: 13 See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) I A PROFFERED PERMIT (Standard Permit or -Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace:army.rnil/inet/functions/ew/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sip the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. N C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by.#iedivision... engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or ap'p-eiil-ffie approved JD'& — provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps Engineers of Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, o u s u JPTV E #09tol approved JD (which maybe appealed), by contacting the Corps districtI for further in on. so you may provide new information for further consideration by the Corps to reevaluate the JD.MAY 16 2002 nil DIVISION OF COASTAL MANAGEMENT SECTION II- REQUEST UEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to aninitial proffered pennit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) v ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR UESTIONS' OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process may you process you may contact: also contact: Mr. Henry Wicker, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer -W93ilt++„or F'eleiit2 CESAD-ET-CO-R gem. QMQ a ; e@ O. Q I i(�6 x U.S. Army Corps of Engineers, South Atlantic Division „ tj.C4WOL 60Forsyth Street, Room 9M15 252 975-1616, ext. 25 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations ofthe during project site the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or a ent. DIVISION ENGINEER: Commander' U.S. Army Engineer Division,, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta,.Georgia 30303-3490 r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 25, 2002 Thomas and Donna Wright PO Box 204 Wilmington, NC28402 Dear Mr. and Mrs. Wright: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to develop Camp Wright Subdivision, construct a community pier and undertake excavation of a basin in Bradley Creek in New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 7, 2002 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, W �� Jeff Schaffer Asst. Major Permits/Consistency Coordinator cc: Ed Brooks — DCM, Wilmington DCM, Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 100/6 Post Consumer Paper DIVISION OF COASTAL AIANAGEM ENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thomas & Donna Wright/ Camp Wright Subdivision & Community Pier 2. LOCATION OF PROJECT SITE: Shandy Lane, adjacent to Bradley Creek, New Hanover County. Photo Index - 2444: 22-272: E,F:7-10 1M: 22-254: E,F:7-10 1M: 174-5:M,N:20-23 State Plane Coordinates - X: 2354735 Y: 169037 Rover file # O- 040416A ' 3. 4. 5. 6. VA 0 INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE Dates of Site Visit - 4/4/02 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 4/10/02 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover. Land Classification From LUP - Water/Marsh - Conservation Uplands - Resource Protection (B) AEC(s) Involved: CW, EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - New Hanover Co. Sewer Planned - N/A (F) Type of Structures: Existing - None Planned - Small subdivision (4 lots), vehicular bridge, community pier and boat basin. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTRIER (A)Vegetated Wetlands (Shaded) 404 type 600 sqft. -Coastal 2,856 sqft. (B) Non -Vegetated Wetlands - open water 3,136 sqft. -shallow bottom (C) Other - (Highground spoil site) 5,000 sqft. i h round disturbance 8,760 sqft. (D) Total Area Disturbed: 24,752 sqft. (E) Primary Nursery Area: No (F) Water Classification: "SC#" Open: No PROJECT SUMMARY: The applicant proposes subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Thomas & Donna Wright/Camp Wright Subdivision and Community Pier Pace 2 9. PROJECT DESCRIPTION The project site is located on Shandy Lane, adjacent to the south side of Bradley Creek, approximately 1/2 mile upstream from the creek's confluence with Masonboro Sound, in New Hanover County. The 2 acre tract has been subdivided into four (4) lots, creating Camp Wright Subdivision. The highground property has an average elevation of approximately 10 - 12 feet above sea level. The understory vegetation on the highground area has been mowed. The remaining vegetation is primarily with Live Oak and Pine. The property has a shoreline length of approximately 480 linear feet. The tract exhibits a steep slope to coastal marsh along its northwest shoreline. The transition between uplands and marsh exhibits Grounsel-bush (Baccharus halim&QU), Marsh -elder (Iva frutescens), Wax Myrtle (Mydaa cerifera) and Yaupon (Ilex )omitoria) shrubs. A narrow border of Sea Oxeye (Forricbia fnitescens) and high coastal marsh vegetation, including, Black Needle Rush (Juncus roemarianus), Sawgrass (Cladium jamaicense), and Salt Meadow Grass (Snartina patens) transitions to a broad expanse of Smooth Cordgrass saltmarsh (Snartina alterniflora), approximately 450 feet wide to the open water area of Bradley Creek. Within the marsh border, there is a small open water tidal flat that could be considered semi -navigable at high tide. There are several areas of oyster reef visible in the mud flat at low water. Coastal wetland vegetation expands up a natural drainage. feature along the south side of the property, eventually bisecting the tract, between Lot 4A and Lot 4B. Above tidal influence, the vegetation transitions to freshwater wetland species, such as Cat -tails and sedges. These "404 type" wetlands have been delineated, and the delineation has been approved by the US Army Corps of Engineers, and is pending signature of the surveyed plat. The waters of Bradley Creek are Classified "SC#" by the NC Division of Water Quality. The estuary to the south of the maintained Bradley Creek channel is designated as a Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The applicant's proposed boat basin and docking structure are located just outside (north) of the Primary Nursery Area designation. Bradley Creek is closed to the harvesting of shellfish. The applicant is proposing the development of Camp Wright, a 4 lot, single-family, residential subdivision. Development will include the initial grading for access road construction and utility installation. Individual lots will range in size from 20,000 to 27,000 square feet in area. The applicant proposes to construct an elevated wooden bridge to span the wetland drainage area and access the lots from Shandy Lane. The bridge would be 55 feet long, 12 feet wide, and elevated 3-4 feet above the substrate. Utilities would be attached to the bridge framework. Wooden bulkhead abutments would be constructed on the highground, at both ends of the bridge to retain fill material needed for the road approach to the bridge. The paved access drive would be located within a 30 ft. wide access and utility easement along the eastern property line (220 LF) and turning into the center of the tract (72 LF). The applicant is proposing to construct a community pier to provide water access for the four (4) lot owners of the Camp Wright subdivision. The pier would be accessed from the access road by a common area pathway (5' wide) between Lots 4C and 4D. From mean high water OHM, the pier . would be 476 feet in length and 6 feet wide, terminating in a L-head platform (16 ft. X 16 ft.). The applicant is proposing to elevate a section of the pier in the mud flat area to provide for small boat navigation during high water. The elevated section would be approximately 20 feet long and would provide a clearance of 6-8 feet above MHW and a clear span of 14-16 feet between pilings in the most navigable area of the mud flat. Waterward of the L head platform, the pier would ramp to a floating dock. The dock would be roughly parallel to the channel, and would be 64 feet long and 6 feet wide. There would be three (3) perpendicular finger piers, 16 feet long and 4 feet wide, and ten (10) mooring pilings installed to create five (5) boat slips. Including the mooring pilings, total project Thomas & Donna Wright/Camp Wright Subdivision and Community Pier Page 3 length would be approximately 550 feet. The application shows existing water depths at the proposed docking location, range from -0.8' to -2.1' at mean low water (MLW). The applicant is proposing to excavate a small boat basin to provide adequate water depths around the proposed docks. The dimensions of the proposed basin would be 80 feet long and 55 feet wide, to a depth of —5 feet at mean low water (MLW). The dredging would be completed by a barge mounted excavator and would generate approximately 500 cubic yards of spoil material. The applicant has received permission from the property owner to deposit the material on an existing spoil disposal island, located outside of the US Army Corps of Engineer's Right of Way, on the east side of the Atlantic Intracoastal Waterway, approximately 1.25 miles southeast of the project. 10. ANTICIPATED IMPACTS The proposed road and utilities extension would create approximately 8,760 square feet of ground disturbance. The vehicular bridge would shade 600 square feet of "404 type" freshwater wetlands. The paved access road would create approximately 3,504 square feet of impervious surface. With subsequent construction of individual residences on the four (4) lots, there will be future ground disturbance and a corresponding increase of impervious surfaces and built upon area. The proposed pier would result in the shading of 2,856 square feet of Smooth Cordgrass marsh (Snartina alterniflora) and intertidal mud flats. The proposed T-head platform, floating docks and mooring pilings would incorporate 3,136 square feet of Estuarine Waters and Public Trust Area. The proposed dredging would result in the excavation of approximately 4,400 square feet of shallow bottom. Short term increases in turbidity can be expected during dredging and piling installation. Approximately 5,000 square feet of highground disturbance would occur during placement of dredged material at the disposal site. Submitted by: E. F. Brooks Date: 4/23/02 Office: Wilmington Form DCM-MP-1 �� � MAR i D i G s I..1pnICAN'r OASTAL a. Landowner: APPLICATION (To be completed by all applicants) Name Address t�0• tox 2-0 5/ p ! �L City �f�/nl�4is-/ State Zip 2 8'/0 Z Day Phone oZS(o-3Z V Z Fax b. Authorized Agent: Name CArtf �9-✓� Address 3803 (4l,r)- City State A/( - Zip Z 0'10 3 Day Phone 7?Y�- 8"O Fax 3.5"D — 0,/Vo c. Project name (if any) NOTE: Perndr wiR be us d in � oJla do (Y), and/or Project b . 2. LOCATION OF PROPOSED PROJECT a. County /0W /f o✓Or>t b. City, towncommunity or landmark c. Street address or secondary road number d. Is proposed work within city limits or planning jurisdiction? _X yes No e. Name of body of water nearest proj� (e.g. river, creek, sound, bay) r c✓ (..L� 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROTECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. e//e% WN'76, d v/6ewcs.�lr W.W L-f/r re/ .wr/ Fow%d cQ 3.9 i rer N 6/, u I pit 5 e *� 80' W,'dc x s_r' r� b. Is the proposed activity maintenance of an existing project, new work, or both? /Vi rl c. Will the project be for public, private or commercial use? Snuw4z d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. if more space is needed] please attach additional pa es. S �.r r� 'rods%�r 2L, 4 rp C e�%sG/ tcJ(i�/.Y+4jl�s�s, Revised 03195 Cl Cross -Sectional (Side -View) Drawing Your application must include a cross -sectional or side -view diagram(s) showing the following: O Depth and elevation of existing structures and the proposed work relative to the existing ground level. O Elevations of adjacent dunes (if applicable). O Mean low water and mean high water lines. O First floor elevations relative to mean sea level for any proposed buildings. OTHER REQUIRED INFORMATION O Project Narrative A narrative description of the proposed project should also be provided. This narrative should discuss the character and purpose of the proposed development, construction methodologies and any other special or relevant considerations. O Application Fee See attached fee schedule. Checks are to be made payable to the N.C. Department of Environment and Natural Resources. O Deed Your permit application package must include a copy of a deed, purchase agreement or other legal instrument under which the applicant claims the right to develop the property in question. O Consultant or Authorized Agent If an authorized agent has been retained to obtain your CAMA permit, you must provide a letter granting your agent the right to apply on your behalf. O Wetland Delineation Approval If applicable, documentation of U.S. Army Corps of Engineers wetland delineation approval should be provided: O Adjacent Property Owner Notification Certified letters (Return Receipt Requested) with the copies -of the permit application package (permit application forms and appropriate workplan drawings) must be sent to all adjacent property owners. The signed return receipt(s) must be provided with the permit application. This notification must also include instructions to the adjacent property owner that any objections or concerns they have about your proposed development should be provided in writing to the Division of Coastal Management. O Stormwater Management Plan Certification If your proposal will lead to an increase in built -upon area on your property, you may be required to submit a Stormwater management plan to the N.C. Division of Water Quality for review and approval. You are advised that the Division of Coastal Management can not issue a CAMA permit until this approval has been obtained. O. Ocean and Inlet Hazard Notices For projects within oceanfront and inlet areas, an Area of Environmental Concern (AEC) Hazard Notice Form must be signed. This form is available from your local CAMA permit representative. O Other Information At the discretion of the Division of Coastal Management, additional information may be requested. For More Information, refer to the North Carolina Administrative Code Section 7J.0200 - Application Process. Copies of this Section are available from the Division of Coastal Management. Form DCM-MP-1 Q E C E N E MAR in. Descri a existing wastewater treatment facilities. 4. LAND AND RATER COAS CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) t S / 3 • YPft .lair/-.67La c. Approximate elevation of tract above MHW or NWL // — /3 , d. Soil type(s) and tecture(s) of tract e. Vegetation on tract Yrs- cnrss f. Man-made features now on tract Na-Jf g. What is the CAMA Land Use Plan land classification of the site? (Connor o r tact land we plan.) _ Conservation _ Transitional Developed _ Community Rural �' _ Other 7r50rtt),Ar/,b.t h. Flow is the tract zoned by local government? �Ea cp[^ CAI l�-70 i. Is the proposed project consistent with the applicable zoning? : Yes _ No (Anach zadng-nrptiance arrrificau, tfappUceibk) j• Has a professional done for the tract? If yes, by whom? - archaeological assesspent been Yes /_ No 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 _ No Coastal (marsh) mil_ Other X If yes, has a delineation been conducted? (Anal docwwwatim, if availabk) 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.) ,ra, ,cr o. Describ�ee� existing drinking//water supply source. 5. ADDITIONAL 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 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.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-I site. Include highway or secondary numbers, landmarks, and the like. F.AR 2 � ?M2 road (SR), J I COASTAL P,1.6. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of 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 W,0 9, e., /Y %tr,/ Address ZSbt 644-1tDY An at Phone Name i/4A/W /H/WO/4. Address A✓rwv/-i Z3fr Phone .thumb k—r oZyB 0 1 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. • A check for$rff 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. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I 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. 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 enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information provided in this application is truthful to the best of my knowledge. This is the Z 2- day of Y)j�, 19?0-z- Print Name Signature tandowner or Authorized Ag Please indicate attachments pertaining to your proposed project. r% 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 each form. Reviwd 03195 Form DCM-MP-2 EXCAVATION MAR 26 2002 DIVISION DEMENT AND FILL COASTAL MAN (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final LdSting Project Length Width Depth Depth sst �� 'Z'2.3� Sihll� r�Hr a EsPo,`I �A 125 135' 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards � WA b. Type of material to be excavated -51# ofu c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _Yes _X__ No d. Highground excavation in cubic yards " 2. DISPOSAL OF EXCAVATED NIATERIAL a. Location of disposal area 50 %1's/�vJ b. Dimensions of disposal area /Ls`x 13s c. Do you claim title to disposal area? Yes X_ No If no, attach a le/tter granting permission from the owner. aft /t/irk d. Will a disposal area be available for future maintenance? x Yes No If yes, where? SA-+t lb4mhit l Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coas=!'s,/ E17fP , (marsh), SAVs or other wetlands? - (1)4ount of material to be placed in the Yes X No L jj, MAR 2 6 2002 water l`7 (2) Dimensions of fill area f. Does the disposal include any area in the water? DIVISION OF Yes No i;TAL MANAGEW Purpose of fill 3. SHORELINE STABILIZATION /(/g r a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of informadon) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material (Excluding ShoreLne Stabilization) a. Will fill material b� brought to site? Yes }(- No 4 Will fill material be placed in coastal (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL wetlands a. How will excavated or fill material be kept on site and / d/ erosion controlled? Mtiirrl./ AhI/i 6f ,j/ ,Ij 5 �7 b. What type of construction equipment will be used (forexample, dragline, backhoe, or hydraulic red FM�Kg�/L01 0'j O�wr �Rrr.1 c. Will wetlands be cr:,ssed in transporting equipment to project site? eK— Yes No If yes, explain steps that will pe taken to lessen environmental impacts. i f E-J 7n- Jcl RA✓e * A,-4 RzvLed 03/95 Form DCM-MP-3 D ECEIVE UPLAND MAR 2 6 P002 DEVELOPMENT COASTAL DIVISIONMANAOF GEMENT (Construction and/or land disturbing activities) 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 that relate to this proposed project. a. Type and number of bui dings, facilities, units or structures proposed _�11 Z'fX +41 Marrs w g C. D•N?ru„�.�i f � b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) - Z urt ds rx, Acrc r d. Size of area to be graded, filled or disturbed including roads, ditches, etc. ltss A.� / &tn e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? Yes No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. .ya cr%L g. Give the percentage of the tract within 75 feet of MHW or NVL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? _<_ Yes No If yes, date submitted i. Describe proposed method of sewage disposal. �o..Jit� ✓tY j. Have the facilities described in Item i. above received state or local approval? dpr br c.+/Y+r /*4 ( =6t appropriate domnwntation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down" and residential discharges). Sur�,xt �-u.�d Ci Describe proposed drinking water supply source (e.g. weld, community, public system, etc.) MU,4se A� in. Will water be impounded? _ Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? 4;Z9 Revised 03/95 Form DCM-MP-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 Z (3) Length 12k GV' (4) Width (5) Finger Piers X Yes _ No (i) Number 3 (ii) Length /b ' (iii) Width S/' (6) Platform(s) Y Yes _ No (i) Number 1 (ii) Length (iii) Width /4 (7) Number of slips proposed .r (ii) Proximity of structure to adjacent riparian property lines 20 ' r 2 VQ ' (9) Width of water body &)o' (10) Water depth at water -ward end of pier at MLW or NWL �y�oox ell b. Boathouse (including covered lifts) N/ (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands MAR 2 6 2002 COASTAL MANA-Ef6,CI�I. e. Mooring buoys .<'/ (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift(moors to etc.) (1) _ Commercial Community _ Private (2) Number _ ip (3) Length 30 3S' (4) Width g. Other (Give romplete description) r APPli®n Jett Name 11 sigva // 3/Z Lzv Date Revised 03195 Form DCM-MP-S BRIDGES AND CULVERTS 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 that relate to this proposed project. 1. BRIDGES a. Public Private b. Type of Widge (construction material) /00fty c. Water body to/be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL A11A e. Will proposed bridge replace an existing bridge? Yes X No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or W VL ZO1v'D4 MAR 2 6 2002 COAS DI Mq AGE�C-NI. (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge S S h. Width of proposed bridge / 7 Height of proposed bridge above wetlands Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearan a underneath proposed bridge '60A 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes X No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? X_ Yes No If yes, explain 14Fpa So' of vo✓ 00 1-4Jdt 1 'Oa U00^ SLlofrold GIdOel h�H_ n. Have you contacted the U.S. Coast Guard concerning their approval? Yes X No If yes, please provide record of their action. Revised 03/95 Form DCM-M -5 f` 2. CULVERTS a. Water body in which culvert is to be placed b. Number of culverts proposed c. Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert g. Width of proposed culvert. h. Height of the top of the proposed culvert above the MHW or NWL i. Will the proposed culvert affect existing water flow? Yes No If yes, explain Will the proposed culvert affect existing navigation, potential? Yes No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavVon below the MHW or NWL? Yes i� No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: _ Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highground excavation? Yes No If yes, (1) Length of area to be excavated _ (2) Width of area to be excavated _ (3) Amount of material to be excavated yards in cubic d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area (2) Dimensions of spoil disposal area (3) Do you claim title to the disposal area? Yes No If no, attach a letter granting permission from the owner. Revised 03/95 i Form DCM-MP-5 MAR 2 6 2002 DIVISION OF COASTAL MANAC' ;EN-1 (4) Will the disposal area be available for future maintenance? Yes No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes _ No If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be laced below MHW or NWL? Yes No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: _ Coastal Wetlands _ SAVs _ Other Wetlands If yes, , (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? C Yes No If yes, m/J F.4,4 E'd (1) Length of area to be filled /o-/z' (2) Width of area to be filled /S' (3) Purpose //of fill ,1 a 6r -nA or row uri✓ N prr}Y�Ft £ I%A��� 4. GENERAL a. Will the proposed ject involve any mitigation? Yes No If yes, explain in detail b. Will the proposed project require any existing utility lines? If yes, explain in detail the relocation of Yes A- No c. Will the proposed project require the construction of any temporary detour structures? Yes No If yes, explain rn detail d. Will the proposed project require any work channels? Yes _,Z_ No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? 6: //- Fewc < f. What type of construction equipment will be used (for example, dragline, backhoe or hydr�ulic dredge)? // ,4ckkiyq,./ � erL iro � i4d-y c�tirr/ IQLf OrnLr1- g. Will wetlands be crossed in transporting equipment to project site? ,>C Yes No If yes, explain steps that will be taken to lessen environmental impacts. , ..rs rh h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes _,a' No If yes, explain in detail Revised 03/95 400 copies of this public document were printed at a total cost of $29.40 or $ .07 per copy. SCHEDULE A Camp Wright Statement of Maximum Built -Upon Area Lot Number Maidmum Built -Upon Area 4,082 square feet 2 4,255 square feet 3 4,328 square feet 4 3,329 square feet w LU LLw r� g z Q N z dQ N (n P� Q > J L F- a O U _14 _ PIL 6 9, PEA! T �iCAL B Ri�G� S� CTiO�t/ bEShsN: CotiOOK II1A1,v65 CONS7-�?Uo-laxi 2- /4-02z 1 SCALE ia" = 11 -7r p o o O p 0 i ej T ° 4' 1' 12� rD o 6' t2' 16 16' MAR 2 6 2002 DIVISICN OF COASTAL MANAGEMEN" C�/1%� GtJ �h'/" �O.rr,GT ,�E•M,+�,ti Z�, z�Z i1/oi IiJ Sc�s-� ��/�css �c4 �As ✓ brew kr �onw�Y F� �'�a W3 oFG zOOZn AVW �ZOq rY�i�l pis/mid q yNry/� 2wz'iZ N�X�W /s.Yv� �a �yr�lvNNo� �g /ym-v q -7 w ,g co Mt+w W az a � I 2" x 6" routed /- LU LLW O 00 2" x 4" knee rail N Zz %d cn CC N in G O: > J Z (� 4'I x 4" post 2" x 6" x 6' deckina I� (�1\�r� 0 Wall ss bolt or h 2" x 8" header 8" rnd 2.6cca pile WEEMM I TyQical Pier Section 6' wide Drawings b Christopher B. Connawa Desian by Connawav Marine Construction I<GNoRE 1� 4/L1104S 1 not to rr-.alp I 'PAIPe Sor(o bumper guard foam billet mi rafi cloth 2'x6' decking 2'x6' substructure 71 2'x10' band board �o N Q 6 ft. Typical Floating Dock Section z u LLw 00 zQ C Q f- 0 U G,4M kAr6#7- P*03�CT `bRiIN )3r Co*Aw,ar b*-r,5 MAW WI-1 z GCX SE�OA, 011h NO/ 70 564AC_ I Nai5 & o'C67 7 MEHVED DRAFT MAR 2 6 2002 copy 'CIO F OF COVENAN19, 1i§l2ICTIONS CAMP WRIGHT MIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of February, 2002 by CAMP WRIGHT, LLC (a North Carolina limited liability company) hereinafter referred to as 'Declarant". STATEMENT OF PURPOSE Declarant is the owner of certain property in New Hanover County, North Carolina, which is more particularly described on a map recorded in Map Book , Page , in the New Hanover County, North Carolina, Public Registry, reference to which is hereby made. Declarant desires to create thereon an exclusive residential community of single-family residences, together with a boat docking facility, to be named CAMP WRIGHT. Declarant desires to insure the attractiveness of CAMP WRIGHT and to prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the values and amenities of all properties within CAMP WRIGHT and to provide for the maintenance and upkeep of all common areas in CAMP WRIGHT. To this end the Declarant desires to subject the real property described herein, together with such additions as may hereafter be made thereto, to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof. Declarant further desires to create an organization to which will be delegated and assigned the powers of owning, maintaining and administering the common areas in CAMP WRIGHT, administering and enforcing the covenants and restrictions contained herein, and collecting and 01 disbursing the assessments and charges hereinafter created in order to efficiently preserve, protect and enhance the values and amenities in CAMP WRIGHT, to insure the residents' enjoyment of the specific rights, privileges and easements in the common area, and to provide for the maintenance and upkeep of the common area. To that end the Declarant has or will cause to be incorporated under North Carolina law, CAMP WRIGHT OWNERS ASSOCIATION, INC., as a non-profit corporation for the purpose of exercising and performing the aforesaid functions. NOW, THEREFORE, Declarant, by this Declaration of Covenants, Conditions and Restrictions, does declare that all of the property described herein, and such additions thereto as may be hereafter made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration which shall run with the real property and be binding on all parties owning any right, title or interest in said real property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to CAMP WRIGHT OWNERS ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and assigns. Section 2. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is any area labeled as "Common Area" on the map and all private roads and streets shown thereon. Section 3. "Declarant shall mean and refer to CAMP WRIGHT, LLC (a North Carolina limited liability company). Section 4. 'Development" shall mean and refer to CAMP WRIGHT, a single-family residential development as shown on the map referred to and may include future development of lots. Section 5. "Lot" shall mean and refer to any numbered plot of land, with delineated boundary lines, appearing on the Map. Section 6. "Map" shall mean and refer to the maps of the Existing Property as recorded in Map Book , Page , in the New Hanover County, North Carolina, Public Registry. Section 7. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 8. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot including the Declarant if it owns any Lots and including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 9. "Properties" shall mean and refer to the 'Existing Property" described in Article H, Section 1 hereof, and such additions thereto as may hereafter be made subject to this Declaration and brought within the jurisdiction of the Association. Section 10. "Boat Docking Facility" shall mean and refer to that certain facility, including all pilings, piers, docks and appurtenances thereto, for the docking of pleasure boats and crafts, located or to be located in the navigable waters of Bradley Creek immediately adjacent to certain high land comprising a portion of the Existing Property as shown on the Map. 3 Section 11. "Boat Slip" shall mean and refer to space in the above water adjacent to Bradley Creek for the docking of a pleasure boat or craft, and being a portion of the Boat Docking Facility as indicated on the, Map... . ARTICLE H PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF CAMP WRIGHT OWNERS ASSOCIATION, INC. Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, and within the jurisdiction of the Association is located in New Hanover County, North Carolina, and is more particularly described on the Map_ Section 2. Additions to Existing Property. (a) Additional land which is contiguous to the Existing Property, or any land previously added to the Existing Property, may be brought within the scheme of this Declaration and the jurisdiction of the Association by the Declarant, in future stages of development, without the consent of the Association. (b) The additions authorized under subsection (a) above shall be made by filing Supplementary Declarations of Covenants, Conditions and Restrictions with respect to the additional properties in the New Hanover County, North Carolina, Public Registry which shall extend the scheme of this Declaration and the jurisdiction of the Association to such properties and thereby subject such additions to the benefits, agreements, restrictions and obligations set forth herein, including, but not limited to, assessments as herein determined. Provided, however, that the Declarant specifically reserves the right to amend or modify any portion or portions of these 2 covenants, conditions, and restrictions as the same may be made applicable to such additional properties. ARTICLE III PROPERTY RIGHTS Section 1. Ownership of Common Areas. Declarant shall convey the Common Areas to the Association. Notwithstanding the recordation of any Map or any other action by Declarant or the Association, all Common Areas (including the Common Area streets and roads) shall remain private property and shall not be considered as dedicated to the use and enjoyment of the public. Section 2. Owner's Rights to Use and Enjoy Common Areas. Each Owner shall have the right to use and enjoy the Common Area, which right shall be appurtenant to and shall pass with the title to his Lot, subject to the following: (a) the right of the Association to promulgate and enforce reasonable regulations governing the use of the Common Area to insure the safety and rights of all Owners; (b) the right of the Association to suspend the voting rights in the Association and right to use the Common Areas by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty days for any infraction of its published Hiles and regulations; and (c) the right of the Declarant or the Association to grant utility, drainage and other easements of the type and for the purposes set forth in Article VIII across the Common Areas. Section 3. Owner's Easements for Ingress and Egress. Every Lot shall be conveyed with a perpetual, non-exclusive right to use any roadway or easement and conveyed to the Association as part of the Common Area for the purpose of providing access to and from each Lot. 5 Section 4. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws of the Association, the right of enjoyment to the Common Area and facilities to the members of his family, his guests, his tenants, or contract purchasers who reside on the Lot. Section 5. Boat Docking Facility. Each Owner of a Lot as defined herein shall have the right to the use and enjoyment of the Boat Docking Facility in common with all other owners. Further, a specific Boat Slip shall be assigned to each Lot. The Owner of such Lot shall have the exclusive rights to the use and enjoyment of such assigned Boat Slip to the exclusion of all others. All rights to the use and enjoyment of said Boat Slip and Boat Docking Facility shall be deemed appurtenant to said Lot and may not thereafter be sold, transferred, or conveyed except as an appurtenance to said Lot. The Boat Docking Facility is located upon navigable waters and exists solely in accordance with the terms of such permits as have been issued, and remain in effect, by agencies of the United States of America and the State of North Carolina. All rights in and to said Boat Docking Facility and all improvements related thereto are subject to the terms and conditions of such permits, compliance with such terms and conditions, and the continued existence, effectiveness, and renewal (if required) of such permits. Each Owner, by acceptance of a deed conveying title to a Lot, acknowledges these disclosures by Declarant and agrees to accept title subject thereto. Section 6. Limitation on Use of Riparian Rights. The Development includes a Boat Docking Facility as referred to hereinabove. Said facility is for the use and enjoyment of all of the Lot Owners. As a condition of the issuance of the permits under which the Boat Docking Facility exists, no Lot Owner in the Development is allowed to construct, locate, or establish on any Lot and/or on any riparian area adjacent to any Lot a pier, boat dock, boat slip, ramp, or any 9 similar structure. Thus, the location, construction, or establishment of any pier, boat dock, boat slip, ramp, or any similar structure upon any Lot or in any riparian area adjacent to any Lot is hereby specifically prohibited. By acceptance of a Deed to any Lot, the Lot Owner thereby agrees to be subject to such limitation on the use of the Lot Owner's riparian rights and to comply with such limitation at all times. ARTICLE IV MEMBERSHIP, VOTING RIGHTS AND CONTROL OF THE ASSOCIATION Section 1. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Classes of Lots. The voting rights of the Membership shall be appurtenant to the ownership of Lots. There shall be two classes of Lots with respect to voting rights: (a) Class A Lots. Class A Lots shall be all Lots not owned by the Declarant which have appurtenant thereto the right to the use and enjoyment in common with other Class A owners of the Boat Docking- Facility and the assignment of the exclusive right to the use and enjoyment of one (1) Boat Slip in said Boat Docking Facility. Each Class A Lot shall entitle the Owner(s) of said Lot to one (1) vote. When more than one person owns an interest (other than a leasehold or security interest) in any Class A Lot, all such persons shall be Members and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any Class A Lot. (c) Class B Lots. Class B Lots shall be all Lots owned by Declarant which have not been conveyed to purchasers. Each such Lot shall have appurtenant thereto the right to the use 7 and enjoyment of one (1) Boat Slip in said Boat Docking Facility. The Declarant shall be entitled to four (4) votes for each Class B Lot owned by it. E-11IR 1CIOWWA COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association regular assessments or charges and special assessments for capital improvements established and collected as hereinafter provided. Any such assessment or charge, together with interest costs, and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment or charge is made. Each such assessment or charge, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments or charges shall not pass to an Owner's successors in title unless expressly assumed by them. Provided, that the Declarant shall have no obligation to pay any such assessments except as specifically set forth in Section 7 of this Article V. Section 2. Purpose of Regular Assessments. The regular assessments levied by the Association shall be used as follows: (a) to maintain all private roads constructed within the Common Areas to the standard of maintenance which would be required by the State of North Carolina before it would accept such roads for maintenance, provided that this provision does not require that the width of the road rights -of -way be the width required as set forth before such roads would be accepted by the State of North Carolina for maintenance; E-' (b) to maintain all access easements and footbridges in the Common Areas in an easily passable condition, free from fallen trees, undergrowth, and other obstructions; and to keep all dead, diseased or decaying trees, shrubs and bushes removed from such areas and to replace such items with new trees, shrubs and bushes; flooding; (c) to pay all costs required to maintain all easements; (d) to maintain all drainage easements in the Common Areas to prevent (e) to keep the drainage easements free of pollution and natural debris; (1) to keep all amenities in the Common Areas clean and free from debris and to maintain all amenities in an orderly condition, and to maintain the landscaping therein in accordance with the highest standards for private residential community including any necessary removal and replacement of landscaping; (g) to provide such security services as may be deemed reasonably necessary for the protection of the Common Areas from theft, vandalism, fire and damage from animals; (h) to maintain the Boat Docking Facility and all pilings, piers, docks, Boat Slips, and other appurtenances thereto in good condition and repair; (i) to pay all ad valorem taxes levied against the Common Areas and any r. property owned by the Association; 0) to pay the premiums on all hazard insurance carried by the Association on the Common Areas and all public liability insurance carried by the Association pursuant to the Bylaws; (k) to pay all legal, accounting and other professional fees incurred by the 91 Association in carrying out its duties as set forth herein or in the Bylaws; (1) to provide a mandatory grounds maintenance program for all lots, to include all routine mowing, trimming, fertilizing, and general yard care and upkeep, but excluding any garden areas located on any lot; (m) to accumulate and subsequently maintain a contingency reserve equal to 10% of the sum of the amounts described in subsections (a) through (1) above in order to fund unanticipated expenses of the Association. Section 3. Maximum Regular Assessment. (a) Until January 1 of the calendar year following the conveyance of the first Lot by the Declarant to another Owner, the maximum regular assessment shall be $3,600.00 per year, payable in equal monthly installments. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, said maximum regular assessments may be increased without limitation if such increase is approved by a majority vote of the Owners. Such voting may be represented in person or by proxy at a meeting duly called for this purpose. The Owners, by majority vote, shall fix the regular assessments at amounts not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, and the common roadways serving the Development provided that any such assessment requires the same majority vote of the out Membership as provided in Section 3(b) of this Article. Section 5. Assessment Rate. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 6. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to each Lot on the date of the conveyance of the first Lot to an Owner other than the Declarant. The Declarant shall pay assessments on unsold lots beginning upon the date of such conveyance to an Owner other than the Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Owners shall, by majority vote, fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner. The due dates shall be established by the Owners and approved by majority vote. The Association shall, upon demand, and for a reasonable charge, famish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. In addition to such interest charge, the delinquent Owner shall also pay such late charge as may have been theretofore established by the Board of Directors of the Association to defray the costs arising because of late payment. The Association may bring an action at law against the delinquent Owner or foreclose the lien against the Lot, and interest, late payment charge, costs and reasonable attorney's fees of such action or 11 foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by not using the Common Area or abandoning his Lot. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust on a Lot or any mortgage or deed of trust to the Declarant. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer; provided, however, that the Board of Directors may in its sole discretion, determine such unpaid assessments to be an annual or a special assessment, as applicable, collectable pro rats from all Owners including the foreclosure sale purchaser. Such pro rata portions are payable by all Owners notwithstanding the fact that such pro rata portions may cause the annual assessment to be in excess of the maximum permitted under Section 3. No sale or transfer shall relieve the purchaser of such Lot from liability for any assessments thereafter becoming. due or from the lien thereof, but the lien provided for herein shall continue to be subordinate to the lien of any mortgage or deed of trust as above provided. ARTICLE VI DESIGN AND ARCHITECTURAL CONTROL Section 1. Architectural Committee. For purposes of this Article VI, the Declarant shall function as the Architectural Committee (the "Committee") so long as Declarant is a Class B Member of the Association. After ternvnation of the Declarant's Class B Membership, the Board of Directors of the Association shallappoint the members of the Committee to carry out the 12 . functions set forth in this article. Section 2. Definitions. For purposes of this Article VI, the following terms shall have the following meanings unless the context clearly requires a different meaning: (a) "accessory building" means every detached garage, carport, tool shed, storage or utility building, pool house, guest quarters, detached servants' quarters or other similar building which is not a dwelling; (b) "buildings" means dwellings; (c) "dwelling" means a building constructed for single-family residential use but excluding servants' quarters and guest quarters; and (d) "improvements" or "structures" mean buildings and all walls, fences, bulkheads, decks, patios, planters, terraces, mail receptacles, swimming pools, tennis courts or anything else constructed or placed on a Lot. Section 3. General Guidelines. (a) Reservations: The Association reserves the right to change, alter, or redesignate all roads, utility and drainage facilities, and such other present and proposed amenities or facilities as may, in the sole judgment of the Association, be necessary or desirable. All such changes must be made with the due advice of competent and qualified surveyors and/or consultants and comply fully with all applicable local, county, state, and federal laws and ordinances, including all CAMA requirements. (b) Variances: The Committee shall be empowered to allow adjustments of the conditions and restrictions stated herein in order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations contained herein, provided, however, 13 that such is done in conformity to the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustments of height and size requirements may be granted hereunder. (c) Development Concept: It is the express intention of the Declarant to maintain in this residential community a uniform plan of development that will blend with and not detract from the natural environment with respect to design, type and general appearance of the structures to be erected on the lots. Property owners are encouraged to have their architects contact the Committee prior to any costly design work for conceptual guidelines pertaining to the residential community. (d) Approval of Plans: The proposed Site and Grading Plans, Building Plans and Specifications, Exterior Colors and Finishes, Construction Schedule and Landscaping Plan must be approved by the Committee. One (1) copy of all plans and related data shall be furnished to the Committee for its records. Until all of the above listed prerequisite plans are approved no improvements or structures shall be erected, placed, or altered on any residential lot. The material used, as well as the design, shall be subject to the prior written approval of the Committee. Written "Architectural Review Guidelines" are available to each Owner upon request to the Committee. Upon the written request of a lot Owner for approval of plans, the Committee shall endeavor in good faith to approve or disapprove such plans within sixty (60) days. In the event that the Committee shall be unable to meet that schedule, the Committee shall have a reasonable time in which to make its decision. In no event shall any plans be approved unless the design of proposed building is in harmony with the existing structures in this area. If the Committee approves the 14 construction of such improvements, it shall issue a certificate evidencing such approval. Refusal or approval of any such plans or specifications may be based by the Committee upon grounds, including purely aesthetic and environmental considerations, that in the sole and absolute discretion of the Committee shall seem sufficient. Without the prior written consent of the committee, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any Lot shall be made without like approval by the Committee. Upon completion of approved construction, the Committee shall inspect the construction to insure that the approved Plans and samples were complied with by the Owner. No structure may be occupied or used until the issuance by the Committee of a certificate of compliance. The certificate of compliance shall be issued by the Committee without fee; provided, however, that in the event that the Committee's first inspection of the construction reveals deviations or deficiencies from the approved Plans and samples, the Committee may charge a fee of $50 for every subsequent inspection which is necessary to insure compliance with the approved Plans and samples. Any such fee must be paid before the issuance of the compliance certificate. If the finished building or other structure does not comply with the submitted plans and specifications, the Committee retains the right to make the necessary changes at owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. (e) Subdividina: No Lot shall be subdivided, or its boundary lines changed. However, the Declarant hereby expressly reserves to itself, its successors or assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision in order to create a modified 061 building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include but not to be limited to the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. Section 4. Site Improvements: (a) Building Setback Guidelines and Requirements: Since the establishment of inflexible building setback lines for location of dwellings upon lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect; the site and location of any house or dwelling or other structure upon any lot shall he controlled and must be approved absolutely by the Committee. Furthermore, any house or dwelling constructed on any lot must comply with all governmental regulations and restrictions applicable to building setback and location, including but not limited to the following: 1) Zoning ordinances, building codes, and other ordinances of New Hanover County; and 2) The Coastal Area Management Act and all regulations issued pursuant thereto. (b) Stormwater Management (i) The maximum built -upon area for each lot is as indicated on SCHEDULE A attached hereto and incorporated by reference. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of right-of-way 16 between the front line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (ii) The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. However, the Declarant reserves the right, without the joinder or consent or any Owner or any other party, to amend this Declaration for the sole purpose of modifying these covenants pertaining to stormwater management so as to conform with and reflect any and all amendments or changes in the applicable governmental permits. (iii) Alteration of the drainage shown on the approval plan may not take place without the concurrence of the State. (iv) Lots within CAMA's Area of Environmental Concern maybe subject to a reduction in their allowable built -upon area due to CAMA regulations. The allocations specified hereinabove include consideration of the CAMA setbacks and 401 wetland setbacks. The allowable footage was calculated with all zoning, city, county, CAMA, and Corps of Engineers regulations applied. No lot or homeowner shall violate the CAMA or Conservation Overlay (COD) setbacks as sited 75 feet from mean high tide. (v) All runoff on the lots must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lots to drain toward the street, or grading perimeter swales and directing them into a pond or street. Lots that naturally drain into the system are not required to provide these measures. An approved drainage system designed in collaboration with Division of Water Quality for the Camp Wright project is established in the architectural guidelines and is required for each dwelling built. 17 (vi) The permittee is responsible for verifying that the proposed built - upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built - upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. (vii) Each Owner, upon receiving improvements plan approval from the Architectural Review Committee, but prior to the commencement of construction, shall apply to the Division of Water Quality for a permit modification in the form of a name change and shall go on record as the new permittee. (viii) Any approval given by the Arcbitectual Review Committee shall not relieve the Owner of the responsibility to maintain compliance with the permitted built -upon area limit. (ix) The stormwater management system shall be constructed in its entirety, vegetated, and operational for its intended use prior to the construction of any built -upon surface. (x) In the event that any Owner shall exceed the allowable impervious surface are for such lot, violate any buffer or setback requirement, or otherwise violate any of the stormwater management provisions set forth herein, such Owner is hereby required, upon any notice from the Association or from the duly authorized governmental agency, to remove any improvement causing such violation and to bring the lot into immediate compliance with all applicable stormwater requirements, at the sole cost and expense of such Owner. (c) Use of Fill and Changes in Elevation: No changes in the elevations of the M land shall be made on any lot, nor any fill placed within the common easement areas or within the regulatory setback lines; nor shall any Lot be increased in size by filling in the waters on which it abuts without prior written approval of the Committee plus state and federal agencies. (d) Adequate Drainage Requirement: It shall be the obligation of the Lot Owner to provide adequate drainage of his or her Lot to the end that the property or properties adjacent to said Lot shall not be subjected to other than the natural flow of drainage presently existing. It shall also be the obligation of the Lot Owners to provide, install and maintain adequate culvert or drainage pipe beneath his or her driveway as it crosses the street right-of-way in order that the natural flow of drainage will not at any time be blocked along the street right-of-way. The size of such drainage pipe shall be subject to prior review and approval by the Committee. (e) Off Street Parking: Each Lot Owner shall provide space on his Lot for off street guest parking prior to the occupancy of any single family dwelling constructed on said lot. No boat trailers, trucks, boats or other vehicles may be parked on the lot except in an enclosed garage and not visible from the street. No vehicles shall be permitted to be parked in any street, road, or other common area. Said parking areas and driveways thereto shall be in accordance with reasonable standards and shall be constructed of concrete, asphalt, crushed stone, crushed shells, or any other material approved by the Committee in writing as provided for in Section 3(d) hereinabove. (f) Underground Utility Requirements: All electric transmission or service lines within the perimeter bounds of any Lot or common easement shall be installed beneath the surface of the ground. (g) Water Supply Systems: All water to be used on any lot shall be obtained by 07E a suitable well complying with all applicable governmental laws and regulations, until such time as water is available from a community system or municipality. A lawn irrigation system or a water to air heat system may be installed so long as the same is in compliance with all applicable governmental regulations and all permits have been obtained. Any such irrigation system shall have an appropriate pumphouse which meets all architectural requirements set forth herein and is approved by the Committee. (h) Driveway and Mailbox Locations: The Committee has the right to decide in its. sole and absolute discretion the precise site and location of any driveway and mailbox location placed upon any right-of-way; provided, however, that the owner shall be given the opportunity to recommend a specific site for such improvements. Further, the style, design, size, materials, and color of the mailbox shall be determined solely by the Declarant, which shall furnish an approved mailbox to each Owner at the time of construction of a dwelling on the Owner's lot. No other mailbox or receptacle shall be allowed upon any lot or at any other location in the development. Section 5. Structural Improvements. (a) Residential Use: No structure shall be erected, altered, placed or permitted to remain on any residential Lot other than one detached single family dwelling. No accessory building shall be located, placed, erected, constructed, altered, or permitted to remain on any Lot at any time. No building, or part thereof, at any time situated on any such residential lot shall be used as a professional office, charitable or religious institution, business or manufacturing purpose, or for any use whatsoever other than residential and dwelling purposes as aforesaid. No duplex residence or apartment house shall be erected or placed on or allowed to occupy any such residential lot, and no building shall be altered or converted into a duplex residence or apartment unit thereon. 20 (b) Building Materials: All dwellings constructed or placed on any Lot shall be built of substantially new materials. Any dwelling erected on any lot shall be substantially of wood shakes or shingles, with approved lapwood accents and wood rails and trim required. Chimneys may be , as approved by the Committee. All roofs of any structures constructed or placed on any lot shall be of metal, as specified in the Architectural Review Guidelines established by the Committee. Even though the building or roof materials may be as designated herein, the Committee shall have absolute discretion to determine whether the materials are in conformity to the aesthetics of the development. (c) Enclosed Garage: All homes are required to have at least two (2) enclosed vehicle parking spaces in a garage located within or attached to the main house structure or in a detached garage, if such a garage shall be approved by the Architectural Review Committee. The orientation of all such garage doors shall be subject to the Architectural Review Guidelines and approval of the Committee. All such garage doors shall remain closed except during actual entry and exit. (d) Screening of Refuse Receptacles: Each Lot owner shall provide receptacles for ashes, trash, rubbish, or garbage on his Lot in a screened area not visible from the road, other lots, or from common easement areas, or provide underground receptacles (or similar facility) in accordance with reasonable standards established by the Committee. (e) Mailboxes and Newspaper Receptacles: No mail box, paper box, or other receptacle of any purpose shall be erected or located in the road right-of-way or on any building lot unless said box or receptacle shall have been furnished by the Declarant in accordance with Section 4(h) of this Article VI. 21 (t) Fuel Tanks and Similar Storage Receptacles: No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles must be buried underground. (g) Clotheslines or Drying Yards: No clotheslines or drying yards shall be located on any Lot. Further, no drying clothing, towels, rugs, carpet, or other textile materials shall be exposed to view on any Lot. (h) Fences and Walls: No fence, bulkhead, or wall for any purpose shall be erected or located on any building lot, easement, or common area unless and until the plans and specifications showing the nature, shape, height, materials, and location for said fence or wall shall have been approved by the Committee in accordance with Section 3(d) herein. ARTICLE VII HABITABILITY PROVISIONS Section 1. Maintenance Standards. (a) Preservation of Well -kept Buildings and Grounds: Each Lot Owner shall prevent the development of any unclean, unsightly or unkempt conditions of any buildings or grounds on his Lot which would tend to substantially decrease the beauty of any of the property or diminish or destroy the enjoyment of other Lots by the owners thereof. This restriction includes, but is not limited to, a prohibition against storage on any Lot of anything unclean, unsightly or unkempt- (b) Grounds Maintenance Proeram: Each Lot Owner shall participate in a mandatory grounds maintenance program provided by the Association for all lots. Said program shall include all routine mowing, trimming, fertilizing, and general yard care and upkeep. However, each Lot Owner shall have the right to have and maintain on each lot garden areas, and 22 such garden areas shall be excluded from the grounds maintenance program. The cost of the grounds maintenance program shall be included in the annual budget of the association and billed to the Lot Owners as a part of the regular assessments. (c) Reconstruction. Any building on any Lot which is destroyed in whole or in part by fire, windstorm, flood or other Act of God must with reasonable promptness be rebuilt or all debris from such destruction removed and the Lot restored to the condition it was in prior to commencement of construction of such building. Any such reconstruction must be commenced within three (3) months from the date of such destruction. All debris must be removed and the Lot restored to its prior condition within thirty (30) days of such destruction. (d) Mobile or Modular Homes and Temporary Structures: No mobile home, modular home, or other structure of a temporary character shall be placed or stored upon any Lot or common easement area at any time, provided, however, that this prohibition shall not apply to shelters on the building lot used by the contractor during the construction of the main dwelling house when permission for the same has been granted by the Committee. It being clearly understood that these latter temporary shelters may not at any time be used as residences or permitted to remain on the Lot after completion of construction. All dwellings must be constructed on site, and no dwelling constructed elsewhere may be located on a lot. (e) Exterior Antennae and Aerials: Exterior radio and television antennae and aerials and satellite receiving dishes for reception of commercial broadcasts, other aerials (for example, without limitation, amateur short wave or ship to shore) shall not be permitted in the Subdivision without prior permission of the Committee, or assigns, as to design, appearance and location. 23 (1) Signs: No permanent sign of any character shall be displayed upon any part of the property except a sign bearing the name of the owner and/or the street address without permission of the Committee. All signs must be approved in writing by the Architectural Review Committee as to size, color, style, material, content, appearance, location, and all other aspects prior to installation on any Lot. Temporary signs such as builders' signs, realty signs, etc., are hereby prohibited. (g) Lam. No building on any Lot may be leased or rented except in accordance with rules and regulations promulgated by the Association. (h) Interval Ownership. No Owner may lease, deed, sell, convey, or otherwise transfer his Lot under any time-sharing or interval ownership arrangement. (i) Hazardous Activities. Nothing shall be done or kept on any Lot or in the Common Area which shall increase the rate of insurance on the Common Area or any other Lot without the prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept on his Lot or in the Common Area which would result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any law. 0) Sales and Commerce. No yard sales, retail sales, business enterprises, or commerce of any kind or type shall be conducted or engaged in on any Lot at any time. (k) Outdoor Music or Broadcast. Any live or amplified music or speech, radio broadcast, television broadcast, or recorded music or speech shall be played or broadcast outdoors on any Lot only in accordance with this subsection. If any other Lot Owner in the development shall complain to Lot Owner, or other user or occupant of the Lot Owner's property, upon whose Lot the music or broadcast occurs, then the volume of the music or broadcast must be reduced to a *1t level that is agreeable with the Lot Owner who registers the complaint. Upon a second or subsequent complaint, the Association shall levy a fine of $100.00 per event against the offending Lot Owner. Further, the Association shall have and retain at all times authority to deny and prohibit a Lot Owner who has been so fined from all Ri ther outdoor music or broadcasts. I:l WCOM��/ U1I COMMON AREAS AND COMMON EASEMENTS Section 1. Easements Reserved by Declarant. Declarant reserves easements for the installation and maintenance of driveways, walkways, parking areas, water lines, telephone and electric power lines, cable television lines, sanitary sewer and storm drainage facilities, pumping and lift stations, drainage ditches and for other utility installations over the Properties as provided in Article III, Section 2(c) of this Declaration. Each Owner, by his acceptance of a deed to a Lot, acknowledges such reservation and the right of the Association to transfer such easements to other Associations or to such utility companies as Association may choose. The easements reserved by the Association include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or take any similar action reasonably necessary to provide economical utility installation and to maintain the overall appearance of the Development. Section 2. Dedication to Public Use. Nothing in these Restrictions, nor in the recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public use any of the streets, bridges, common lands or other ground within the subdivision. Section 3. Use of Common Area. The Common Area shall not be used in any manner except as shall be approved or specifically permitted by the Association. The Association shall, in its sole discretion, retain the right to establish rules and regulations for the use and enjoyment of all 25 such property. ARTICLE IX CONSTRUCTION GUIDELINES Section 1. Period of Construction. The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. Permissible hours of construction shall be as follows: Monday through Friday, inclusive — 8:00 A.M. through 6:00 P.M. Saturday and Sunday —10:00 A. M. through 5:00 P. M. No construction activities shall be undertaken or accomplished at any other times. Further, no construction activities whatsoever shall be allowed on any legal holiday. Section 2. Conduct of Construction Vehicles. During construction all vehicles involved, including those delivering supplies, must enter the building lot on the driveway only as approved by the Committee so as not to damage unnecessarily trees, shoulders and street paving. No use may be made of any other. lot. Section 3. Removal of Construction Debris. During construction the builder must keep the home, garage, and building site clean. All building debris, stumps, trees, etc., must be removed from each building lot by builder as often as necessary to keep the house and Lot attrac- tive. Such debris will not be dumped in any area on the subdivision. Section 4. Screening and Storage of Construction Materials. Construction material storage must be setback from the Lot property lines in accordance with the same restrictions as 0XI stated for Building Setback Guidelines (Article VI, Section 4). All construction equipment, including portable toilet facilities, and all construction debris must be adequately screened in the sole discretion of the Committee. No construction equipment whatsoever shall remain on the construction site except during the permissible hours of construction set forth in Section 1 of this Article. No such equipment shall remain on the site overnight, on any weekend, or on any legal holiday. ARTICLE X INSURANCE Each Owner shall secure and maintain in full force and effect at such Owner's expense, one or more insurance policies insuring Owner's Lot and the improvements thereon for the full replacement value thereof against loss or damage from all hazards and risks normally covered by a standard "Extended Coverage" insurance policy, including fire and lightning, vandalism and malicious mischief. Each Owner, at Owner's expense, shall secure and maintain in full force and effect comprehensive personal liability insurance for damage to person or property of others occurring on Owner's Lot, any other Lot, or upon the Common Area, in an amount not less than the amount designated by the Association. Owner shall provide the Association with satisfactory evidence that such insurance as herein required is in full force and effect, and the Association will be given thirty (30) days' notice prior to the expiration or cancellation of any Owner's insurance coverage. In the event Owner fails or refuses to maintain such insurance coverage as herein required, the Association may, but shall not be obligated to, through its agent or representative, secure and maintain such insurance coverage for Owner's benefit. The cost or expense thereof shall be deemed 27 a special assessment levied by the Association against Owner and Owners' Lot in accordance with the other provisions of this Declaration, and Owner covenants and agrees to pay to the Association such special assessment upon demand. This Insurance provision may be modified or amended to substitute one comprehensive insurance policy covering all Lots provided the approval of a majority of the Owners is obtained and approval by 75% of the owners and holders of first deeds of trust on the Lots is obtained. Such approvals shall be in writing but need not be acknowledged and shall be attached to an amendment to this Declaration, which amendment shall be executed only by the Association and recorded in the new Hanover County Public Registry. ARTICLE XI RIGHTS OF MORTGAGEES Section 1. Approval of Owners and Holders of First Deeds of Trust. Unless at least seventy-five percent (75%) of the owners and holders of first deeds of trust on Lots located within the Property then subject to the full application of this Declaration have given their prior written approval, the Association shall not: (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer any real estate or improvements thereon which are owned, directly or indirectly, by the Association (the granting of easements for utilities or other purposes shall not be deemed a transfer within the meaning of this clause); (b) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; (c) by act or omission change, waive or abandon any plan of regulation, or `3 enforcement thereof, pertaining to the architectural design or the exterior appearance of residences located on Lots, the maintenance of party walls or common fences and driveways, or the upkeep of lawns and plantings in the subdivision; (d) fail to maintain fire and extended coverage insurance on insurable improvements in the Common Area on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value; or (e) use the proceeds of any hazard insurance policy covering losses to any part of the Common Area for other than the repair, replacement or reconstruction of the damaged improvements. Section 2. Books and Records. Any owner and holder of a first deed of trust on any Lot will have the right to examine the books and records of the Association during any reasonable business hours upon reasonable advance notice. Section 3. Payment of Taxes and Insurance Premiums. The owners and holders of first deeds of trust on Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge or lien against the common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for property owned by the Association, and the persons, firms or corporations making such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE X11 CONDEMNATION Section 1. Partial Taking Without Direct Effect on Lots. If part of the properties 29 shall be taken or condemned by any authority having the power of eminent domain, such that no Lot is taken, all compensation and damages for and on account of the taking of the Common Area, exclusive of compensation for consequential damages to certain affected Lots, shall be paid to the Board of Directors of the Association in trust for all Owners and their mortgagees according to the loss or damages to their respective interests in such Common Area. The Association, acting through the Board of Directors, shall have the right to act on behalf of the Owners with respect to the negotiation and litigation of the issues with respect to the taking and compensation affecting the Common Area, without limitation on the right of the Owners to represent their own interests. Such proceeds shall be used to restore the Common Area with the excess, if any, paid to the Owners pro rata. Nothing herein is to prevent Owners whose Lots are specifically affected by the taking or condemnation from joining in the condemnation proceedings and petitioning on their own behalf for consequential damages relating to loss of value of the affected Lots, or personal improvements therein, exclusive of damages relating to Common Area. In the event that the condemnation award does not allocate consequential damages to specific Owners, but by its terms includes an award for reduction in value of Lots without such allocation, the award shall be divided between affected Owners and the Board of Directors, as their interests may appear, by arbitration in accordance with the rules of the American Arbitration Association. Section 2. Partial or Total Taking Directly Affecting Lots. If part or all of the Properties shall be taken or condemned by any authority having the power of eminent domain, such that any Lot or a part thereof (including specific easements assigned to any Lot) is taken, the Association shall have the right to act on behalf of the Owners with respect to Common Area as provided in Section 1 of this Article and the proceeds shall be payable as outlined therein. The 30 Owners directly affected by such taking shall represent and negotiate for themselves with respect to the damages affecting their respective Lots. All compensation and damages for and on account of the taking of any one or more of the Lots, or personal improvements therein, shall be paid to the Owners of the affected Lots and their mortgagees, as their interests may appear. Section 3. Notice to Mortgagee. A notice of any eminent domain or condemnation proceeding shall be sent to holders of all first mortgages. ARTICLE XIII GENERAL PROVISIONS Section 1. Ems. The Committee reserves for itself, its successors and assigns, and its agents the right to enter upon any residential Lot for the purpose of building or repairing any land contour or other earthwork which, in the opinion of the Committee, detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entry shall not be deemed a trespass. The Committee and its agents may likewise enter upon any Lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not be construed as an obligation on the part of the Committee to undertake any of the foregoing. Section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 3. Severability. Invalidation of any one of these covenants or restrictions by 31 judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 4. Amendment. The covenants and restrictions of this Declaration, shall run with and bind the land until January 1, 2022, after which they shall be automatically extended for successive periods of ten (10) years each. This Declaration except as specifically set forth to the contrary elsewhere herein, may be amended by an instrument signed by Owners of Lots constituting a majority vote of the Owners. Section 5. Additions to Covenants. The Declarant may include in any contract or deed hereafter made any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restrictions set forth herein. Section 6. Modifications. The Declarant specifically reserves the right to amend any part or all of the restrictions, covenants, and conditions herein set out by filing in the Office of the Register of Deeds of New Hanover County a declaration of amended restrictive covenants. Such amendments, modifications, or additions to the restrictive covenants contained in this Declaration shall be made applicable to the conveyance of Lots made subsequent to the recording of such declaration of amended restrictive covenants. Section 7. Remedies Against Violations. The covenants and restrictions herein shall be deemed to be covenants running with the land. If any person claiming under the Declarant shall violate or attempt to violate any of such restrictions or covenants, it shall be lawful for the Declarant, or any person or persons owning any residential Lot in said development: (a) to prosecute proceedings at law for the recov0ry of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or 32 (b) to maintain a proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restriction for the purpose of preventing such violation, provided however, that the remedies in this paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing provisions of this paragraph, enforcement of these covenants and restrictions shall be made by the Association, of which every record owner of a fee or undivided fee interest in any Lot shall be a Member. Invalidation of any provision of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the covenants and restrictions which shall remain in full force and effect. Section 8. All Lots Subject to Covenants. The Declarant hereby covenants and agrees that every contract of sale or deed made by the Declarant wherein is described any residential Lot of said land shall include or be subject to, by reference or otherwise, each and every covenant and restriction herein written, or the substance thereof, and, subject to the reservations herein, the Declarant shall conform with and abide by the foregoing covenants as to all of said land. Section 9. Regulations. Reasonable regulations governing the use of the Common Area and external appearance of all structures erected on the Lots may be made and amended from time to time by the Board of Directors of the Association; provided, however, that all such regulations and amendments thereto shall be approved by a majority vote of the Owners before the same shall become effective. Copies of such regulations and amendments thereto shall be furnished to each Member by the Association upon request. IN WITNESS WHEREOF, CAMP WRIGHT, LLC, the Declarant, has caused this instrument to be signed in its name by its duly authorized manager, who has hereunto set his hand 33 and seal, the day and year first above written. CAMP WRIGI317, LLC 0 (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Manager I, a Notary Public of the county and state aforesaid, do certify that personally appeared before me and acknowledged that he is the Manager of Camp Wright, LLC (a North Carolina limited liability company), and that by authority duly given and as the act of the company, the foregoing instrument was signed and sealed in its name by him as Manager. Witness my hand and office stamp or seal, this day of February, 2002. Notary Public My commission expires: 34 North Carolina Michael F. Easley, Governor Thomas and Donna Wright P. O. Box 204 Wilmington, North Carolina 29402 Dear W. & Mrs. Wright: NC®ENR Department of Environment and Natural Division of Coastal Management Donna D. Moffitt, Director April 23, 2002 Resources William G. Ross Jr., Secretary The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed development at your property located on Shandy Lane, adjacent to Bradley Creek, in New Hanover County. It. was received as complete on April 10, 2002, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 24, 2002. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. S' cer , E. F. Brooks Field Representative cc: Doug Huggett, DCM Bob Stroud, DCM Charles Jones, DCM Ann Hines, LPO Henry Wicker, COE John Fullerton, City Zoning 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-20041Internet: http://dcm2.enr.state.ne.us An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110°% Post Consumer Paper SHORE ACRES COMPANY DEVELOPERS OF HARBOR ISLAND IN WRIGHTSVILLE SOUND February 25, 2002 Mr.Tom Watters Coastal Earthworks Inc. 1955 Middle Sound Loop Road Wilmington, NC 28405 Re: Shore Acres Company - Sand Spoil Thomas Wright Project Dear Mr. Watters: Permission is hereby given for you to deposit spoilage on the Shore Acres property more fully described in your fax correspondence to me dated February 25, 2002. You have indicated that the project will involve approximately 500 cubic yards. I would appreciate it if you would send me a copy of the CAMA permit for the project when you receive it. Let me know if I can be of further assistance. Sincerely, wrence B. Lee` \ Enclosure SHORE ACRES COMPANY 516 TATTNALL STREET, SAVANNAH, GEORGIA 31401 TELE: 912 / 236-5644 - FAX 912/ 231-1594 I, Thomas H. Wright III, authorize Christopher B. Connaway, dba, Connaway Marine Construction, to act as my agent in the application for C.A.M.A. permits for the property known as Camp Wright. Signature sworn to and subscribed before me, thiLday of relo . , 206� �!N� No aUt% U 1 ry PublQic My Commission Expires: MYCOMMbftEPON4430,20W06 W/S ""/' NOTAW�j ytl PURL. G K COJy§N �E(OE'vp MAR 2 6 2002 DIVISION OF COASTAL MANAGEMENT * * * COMMUNICATION RESULT REPORT ( APR.24.2002 1:08PM ) * * * P. 1 FILE MODE 045 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 9-3432229 TTI NCDENR WIRO RESULT PAGE OK P. 2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management William G. Ross 3r., Secretary Donna D. Moffitt, Director Michael F. Easley, Governor April 24, 2002 FAX: 343-2729 2 rages Star News Diane Blake Legal Advertisement Section post Office Box 840 Wilroington, Nordr Carolina 28402 Re: Public Notice - Thomas & Domia Wright/Camp Wright Subdivision & Cornmumty pier Dear Ms. Blake: bl'1sh the attached Notice in the Saturday, April 27, 2002, issue. Please pu fR„Aaet and Management requires an original Affidavit of Pub'ic�at+o PP nd anpory final e NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Donna D. Moffitt, Director April 24, 2002 William G. Ross Jr., Secretary Re: Public Notice - Thomas & Donna Wright/Camp Wright Subdivision & Community Pier Dear Ms. Blake: Please publish the attached Notice in the Saturday, April 27, 2002, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. JSincerely, 1A-�k W,e_�O )i Tracie R. Wilson Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope File Copy 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 Development Type r_E DCN. , DWD% (143D0160143510002316256253) f24300ISM 43510DDg52341) I. Private, non-mmmeroal development that does not involve the filling or excavation of any S250 10D% (S250) 0% (b0) wetlands or open wafer areas: II. Public or commercmi development that does not involve the filling or excavation of any wetlands or open S400 1D0%(S4DD) water areas: 0% (SO) III. Forcievelopment that involves the filling and/or excavation of up 101 acre of wetlands and/or open water areas, determine 8A. B. C, or belowapplim III(A). For Private, non rnrnercal developnhenl if General water Quality Certification NOM01 (see attached) S250 100-A (S250) can be applied IRBY Forpublicormmmercal deveopment, if Gerwral water Quality Certification No.3301(see attached) 54DO 10D%-(S4D0) D%(SD) can be applied 111(4 If General Water Qmfdy Certification No. 33D1 (see attached) mild be applied, but DCM staff detemhined thatadcitiorW review and S4D0 60%(5240) written DWQ mncrmence is needed 40% (5160) became of mncams related to water gmliy oragmfi-Ice: III(D} If General Water Quality Cedmcation No. 33D1 (see attached S400 60% (5240) can not be applied - 40%(S760) IV. For developrnentthat involves the filling and/w excavation of more = - than wheaceofwetlands and/or :S475 _ 6r°A(SMS) 40%(S1g0) - open waterareas. �yod N� NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 10, 2002. According to said application, Thomas and Donna Wright/Camp Wright Subdivision & Community Pier, located at Shandy Lane, adjacent to Bradley Creek, New Hanover County, proposes to subdivision a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetland, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to May 20, 2002, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. I + f;p fr —�tp N K Q <�' `ZOO xloxQ�u> •& �I Z P If ze Gyelc%r lk)A?t9� Fc7-- L Ak;oA r-/f)/17IA16. Ia- Ke.S PRAI✓N der CooAgwip 4un a r, 7 a I �— � / I I� •� / I I uq AO *rr x n. E. o �< W, C %� Nx> �(93 �nunlyn/ By coNNAwaY M.4Rl_Nfi' Covsr�,urnav A7 h' M AIPr1) % I 7 An7 'Fe 1 % K' 1" //+n I �`-l" IS El .7 / / ti �* E I � / J/ t •. /4 r i iCh 1 + `g 1 t§ 7PRAWN Br Coop.4w iv MARINE !.e.5 il1�F.G.??J4.try AA?'F_ MAi'�N 7/ �AI97 .Sf. ,eb ?re x� u Po L AZAh .09 = „� I Zowz 'lz #4y1w 31+4 E 7i, g -- ! / + + + g% d 4 y 4Li a l I / !yl N Of k._� Z^3 C ZT I J n 1 1;0--7 C /I } B£x $Y 4-27-02 ' Mrs. Elizabeth Wright McMillan D KEEVE APR 2 6 2002 DIVISION OF COASTAL MANAGEMENT �ar%iC25 �2�� � pl RECEIVED j let, A, R 9 f '.002 W. OF W%LEICiHMAk/� EMENT RpLE This letter is to inform you of the upcoming development project located next to your property on Shandy Lane, in Wilmington, NC. The project will include the construction of a small bridge connecting the public road to the property, a community pier that will provide 5 slips for the homeowners, and standard construction for the utilities and houses. Please feel free to contact me at anytime with any questions or comments. My phone #'s are 910-794-8500 office, or 910-264-9599 mobile. Our local permitting officers name is Ed Brooks with the CAMA office here in Wilmington. He may be reached at 395-3900. Es l�? 7 opher B. nnawa Connaway Mann struction Christopher B. Connaway / P.O. Box 378 / Wrightsville Beach, NC 28480 / (910) 794-8500 ro rR S ru m O O O 0 .D O ru 0 0 r r Ln -0 .D rq S RJ m 0 0 O 0 S 0 ru O N O F F I C I U S El Postage $ i rl _ - S fu ru S Cartllled Fee Rrsem t Fee Postmark Here � T M(Endorsementnt Required) O G Restricted Delivery Fee O O (Endwsement Requiredi 0 o Total Postage & Fees o -0 0 -0 Sont TO oO O L� �1 f d ✓�YS•..f. ..................__............ nJ fU Sfnef. Apt. No.; or PO Sor No. 25U( ... .. .....� // a�`...... 0 o city, of v., - --------------- -------- G By0 r r rn :rr rr to Lnn V F F ' C I A L U :i Postage F ru N Certified Fee -0 -0 PoeOmark Room Receipt FeeHare MM (Endorsement Required) 0 o Restricted Delivery Fee E3 p (Endorsement Required) O O Total P..Ww & Fees o 0 .D .D e9t TO 0 0 LRw<Cr�...... iCAAL .......... Stmef, Ape. No.; µA- C3 M or POflo+N0. lf7rA •f'- O O Clfy, Sfero, Zl ./ ZOgV M1 M1 :rr t APR- 2 6 2002 DIVISION OF COA�TALMANAGEMENT A v 1 I UNITED STATES POSTAL SERVICE I II I PSPS Iarm ermitNo ass Mail G-10 Fees Paid • Sender: Please print your name, address, and ZIP+4 in this box CO m-WCc y ✓iita r1he, C(inlh-U ClVan CA r.Sl7f2 ,f4. UNITED STATES POSTAL SERVICE I I First -Class Mail Postage 8 Fees Paid I PUSPS ermit No. G 10 7Sender: ease print your name, address, and ZIP+4 in this box 3 -7g? 7y/;7 APR 2 e 2002 -DIVISION OF COASTAL MANAGEMENT ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: �l .�jruult Sfi� ,Alatpulti V4 - z 0zQ&f0 A. Signature X ❑ Agent ❑ Addressee B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? O Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Tre fsr from service law Ps Form 3811, August 2001 Domestic Return Recelpt 102595.01-M-2509 I ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1. 4ftle Addressed to: I tl�i-. a,�✓s ,,2o�.f Ta�fo,� .2 i 2. Article Number (transfer from service label) Ps Form 3811, August 2001 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Nome) C. Date of Delivery - D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p yes Domestic Return Receipt IL!jI V APR 2 12002 DIVISION OF COASfTAL MANAGEMENT 10259541-M.2509 4R. t b00t. f`A!?E $age 1 q , 11� RECOPDFC AHD J YEP.R IEv U RfpEC^q h. T�.ICK1 REGISH P OF Dt:c STATE OF NORTH CAROLINA, D` MAY 13 3 38 PM'86 DEED W�T. 1%i,-A LiviL COUNTY OF NEW HANOVER. THIS INDENTURE, made this 30th day of APRIL, 1986, by and between THOMAS H. WRIGHT, JR. AND WIFE, ELIZABETH L. WRIGHT, of New Hanover County, North Carolina, parties of the first part; and THOMAS H. WRIGHT, III, SINGLE, of 400 S. Front Street, Wilmington, New Hanover County, North Carolina, 28401, MARGARET T. WRIGHT, SINGLE, of New York City, New York, ELEANOR G. WRIGHT, SINGLE, of Wilmington, N.C., and ELIZABETH D. WRIGHT, SINGLE, of Wilmington, N.C., as Joint Tenants with Right of Survivorship and not as Tenants in Common, parties of the second part; W I T N E S S E T H 84 THAT the said parties of the first part, for and in consideration of their love and affection for the parties of the second part and no other consideration, have given, granted, bargained, and sold, aliened and conveyed, and by these presents do hereby give, grant, bargain and sell, alien, convey and confirm unto the said parties of the second part, as joint tenants with the rights of survivorship and not as tenants in common, that certain parcel or tract of land, lying and being in the City of Wilmington, New Hanover County, North Carolina and being more particularly described as follows: BEGINNING at an old iron pipe in the southern edge of Bradley Creek in the line between Lots 9 and 10 as shown on map, "Property of the Estate of Junius Davis", prepared by J. L. Becton, April 1924, said Beginning Point located from the stone marked "M" at the southeast corner of the formerly Metts Property on Greenville Sound by the courses of North 07 deg. 10 min. West 200.5 feet, North 67 deg. 55 min. West 196.13 feet, and North 41 deg. 29 min. 15 sec. East 183.79 feet; running thence from said Beginning with said line between Lots 9 and 10, South 41 deg. 29 min. 15 sec. West 183.79 feet to an old iron pipe in the lin of the second call of the deed from Eleanor G. Wright to Thomas H. Wright, Jr. recorded in Book 655 at Page 264, New Hanover County Registry; thence with said line North 67 deg. 55 min. West 119.87 feet to the terminus of said second call; thence South 25 deg. 16 min. 45 sec. West 176.93 feet to an old iron pipe in the northern line of S. R. 1512 (formerly the drive leading to Metts and other Greenville Sound lots); thence with said northern line of S.R. 1512 North 68 deg. 14 min. 30 sec. West 398.81 feet to the stub of an old iron gate post; thence North 69 deg. 15 min. 55 sec. West 478.01 feet to an old iron pipe on the eastern edge of a creek emptying into Bradley Creek; thence continuing North 69 deg. 15 min. 55 sec. West 173.4 feet; thence North 33 deg. 54 min. 05 sec. East 792 feet to a point in Bradley Creek; thence Eastwardly with Bradley Creek to a point in a line which bears North 41 deg. 29 min. 15 sec. East from the point of BEGINNING; thence South 41 deg. 29 min. 15 sec. r, Page 1 STATE OF NORTH CAROLINA, Frvj j ?8 rt ,0f, DEED OF GIFT- U COUNTY OF NEW HANOVER. THIS INDENTURE, made this 30th day of APRIL, 1986, by and between THOMAS H. WRIGHT, JR. AND WIFE, ELIZABETH L. WRIGHT, of New Hanover County, North Carolina, parties of the first part; and THOMAS H. WRIGHT, III, SINGLE, of 400 S. Front Street, Wilmington, New Hanover County, North Carolina, 28401, MARGARET T. WRIGHT, SINGLE, of New York City, New York, ELEANOR G. WRIGHT, SINGLE, of Wilmington, N.C., and ELIZABETH D. WRIGHT, SINGLE, of Wilmington, N.C., as Joint Tenants with Right of Survivorship and not as Tenants in Common, parties of the second part; W I T N E S S E T H: '4 THAT the said parties of the first part, for and in consideration of their love and affection for the parties of the second part and no other consideration, have given, granted, bargained, and sold, aliened and conveyed, and by these presents do hereby give, grant, bargain and sell, alien, convey and confirm unto the said parties of the second part, as joint tenants with the rights of survivorship and not as tenants in common, that certain.parcel or tract of land, lying and being in the City of Wilmington, New Hanover County, North Carolina and being more particularly described as follows: BEGINNING at an old iron pipe in the southern edge of Bradley Creek in the line between Lots 9 and 10 as shown on map, "Property of the Estate of Junius Davis", prepared by J. L. Becton, April 1924, said Beginning Point located from the stone marked "M" at the southeast corner of the formerly Metts Property on Greenville Sound by the courses of North 07 deg. 10 min. West 200.5 feet, North 67 deg. 55 min. West 196.13 feet, and North 41 deg. 29 min. 15 sec. East 183.79 feet; running thence from said Beginning with said line between Lots 9 and 10, South 41 deg. 29 min. 15 sec. West 183.79 feet to an old iron pipe in the lin=.a of the second call of the deed from Eleanor G. Wright to Thomas H. Wright, Jr. recorded in Book 655 at Page 264, New Hanover County Registry; thence with said line North 67 deg. 55 min. West 119.87 feet to the terminus of said second call; thence South 25 deg. 16 min. 45 sec. west 176.93 feet to an old iron pipe in the northern line of S. R. 1512 (formerly the drive leading to Metts and other Greenville Sound lots); thence with said northern line of S.R. 1512 North 68 deg..,14 min. 30 sec. West 398.81 feet to the stub of an old iron gate post; thence North 69 deg. 15 min. 55 sec. West 478.01 feet to an old iron pipe on the eastern edge of a creek emptying into Bradley Creek.; thence continuing North 69 deg. 15 min. 55 sec. West 173.4 feet;"thence North 33 deg. 54 min. 05 sec. East 792 feet to a point in Bradley Creek; thence Eastwardly with Bradley Creek to a point in a line which bears North 41 deg. 29 min. 15 sec. East from the point of BEGINNING; thence South 41 deg. 29 min. 15 sec. :•!,r.; Page 2 (3/l (lu` West to the point of BEGINNING. The area of land above the high water line of this tract is 8.13 acres. Being all of the property shown as Lots 1, 2, 3, 4, 5., 6:, 7, 8, and 9 on survey of Camp Wright Road Tract by Henry von Oesen & Associates dated March 1986 and recorded in Map Book 2(. at Page 11 of the New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the parties of second part, their heirs and assigns in fee simple. And the parties of the first part, for themselves, their heirs and assigns, do covenant with the parties of the second part, that they are seised of the premises in fee simple and have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the parties of the first part will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinabove stated. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals, the day and year first hereinabove written. ' (SEAL) (SEAL) STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. PERSONALLY appeared before me, / p 11 . KjAAJI R -, a Notary Public in and for the said County and State, THOMAS H. WRIGHT, JR. AND WIFE, ELIZABETH L. WRIGHT, who acknowledged the due execution of the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and notarial seal, this aD day of APRIL, 1986. NOTARY PUBLIC STATE OF is certified to1)r/corr This the. day of CAROLINA Cate of Re �c,aP. Tucker, R^yyyegister1of Deeds BY g0 tF. rhSE 1321 1105 Page 2 West to the point of BEGINNING. The area of land above the high water line of this tract is 8.13 acres. Being all of the property shown as Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 on survey of Camp Wright Road Tract by Henry von Oesen & Associates dated March 1986 and recorded in Map Book 2(. at Page 11 of the New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the parties of second part, their heirs and assigns in fee simple. And the parties of the first part, for themselves, their heirs and assigns, do covenant with the parties of the second part, that they are seised of the premises in fee simple and have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the parties of the first part will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinabove stated. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals, the day and year first hereinabove written. (SEAL) (SEAL) STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. PERSONALLY appeared before me, 1z:X1)ZU IT1. Nl.lkA4- , a Notary Public in and for the said County and State, THOMAS H. WRIGHT, JR. AND WIFE, ELIZABETH L. WRIGHT, who acknowledged the due execution of the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and notarial seal, this a6 day of APRIL, 1986. J),. NOTARY PUBLIC S: STATE OF NORTH CAROLINA Co"'�'sL New Hanover County The Foregoing Certificate of _ is cc tified to i correct. This the /. day of_M � 19 16? Re}--ca P. Tucker, Register of Deeds By---1114-C ------ ,t2�vy To: Henry Wicker US Army Corps of Engineers Re: Camp Wright on Shandy Lane 2/05/02 Dear Henry: Per your visit to the Camp Wright site, all wetlands have been delineated by Land Management Group, staked by Goslee and Associates, and delineated on maps by our architect and landscape architect. The developer knows where the 404 wetlands are located and has no intention of filling those areas, nor using mechanized clearing. Engineered drawings are in process to bridge the entire 404 wetland area rather than filling it in order to construct a road. Please send a tear sheet to me indicating that we have involved the Corps. and do not require a permit at this time. Thank you for your cooperation in this matter. My mailing address is: Donna Wright POBox 204 Wilmington, NC 28402 My email is: thoswd@bellsouth.net Directions to Camp Wright: From Oleander, get on Greenville Loop Road; left onto Greenville Sound Road; Road dead ends, left onto Shandy Lane; Shandy curves around and Camp Wright is on the left. The 404 wetland area is the first low area as you enter the property on the right and is delineated with pink and blue flags. ,'v E MAR 2 6 2002 DIVISION OF COASfALMANAGEMENT DIVISION OF COASTAL• MANAOEM EN7 FIELD IlVVESTIGATION REPORT 1. APPLICANT'S NAME: Thomas & Donna Wright/ Camp Wright Subdivision & Community Pier 2. LOCATION OF PROJECT SITE: Shandy Lane, adjacent to Bradley Creek, New Hanover County. Photo Index - 2000: 22-272: E,F:7-10 1291: 22-254: E,F:7-10 1989: 174-5:M,N:20-23 State Plane Coordinates - X: 2354735 Y: 169037 Rover file # O- 040416A 3. , INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/4/02 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 4/10/02 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wihnington/New Hanover Land Classification From LUP - Water/Marsh - Conservation Uplands - Resource Protection (B) AEC(s) Involved: CW, EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - New Hanover Co. Sewer Planned - N/A (F) Type of Structures: Existing - None Planned - Small subdivision (4 lots), vehicular bridge, community pier and boat basin. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED EalED OTHER (A)Vegetated Wetlands (Shaded) 404 type 600 sqft. -Coastal 2,856 s ft. (B) Non -Vegetated Wetlands - open water 3,136 sgft. -shallow bottom 4 (C) Other - (Highground spoil site) 5,000 sgft. (Hi h round disturbance 8,760 s ft. (D) Total Area Disturbed: 24,752 sgft. (E) Primary Nursery Area: No (F) Water Classification: "SC#" Open: No 8. PROJECT SUMMARY: The applicant proposes subdivide a 2 acre tract into a 4 lot subdivision. Development would include subdivision infrastructure, the construction of a bridge, elevated over wetlands, the excavation of a small boat basin and the construction of a community pier/dock, with five (5) boat slips, to serve the property owners of the Camp Wright Subdivision. Thomas & Donna Wright/Camp Wright Subdivision and Community Pier r Page 2 PROJECT DESCRIPTION The project site is located on Shandy Lane, adjacent to the south side of Bradley Creek, approximately 1/2 mile upstream from the creek's confluence with Masonboro Sound, in New Hanover County. The 2 acre tract has been subdivided into four (4) lots, creating Camp Wright Subdivision. The highground property has an average elevation of approximately 10 - 12 feet above sea level. The understory vegetation on the highground area has been mowed. The remaining vegetation is primarily with Live Oak and Pine. The property has a shoreline length of approximately 480 linear feet. The tract exhibits a steep slope to coastal marsh along its northwest shoreline. The transition between uplands and marsh exhibits Grounsel-bush (Bacchams halimifolia), Marsh -elder (Iva frutescens), Wax Myrtle (Myrica ceri&m) and Yaupon (Ilex vomitori) shrubs. A narrow border of Sea Oxeye (Borrichia fmtescens) and high coastal marsh vegetation, including, Black Needle Rush (Juncus roemarianus), Sawgrass (Cladium jamaicensel, and Salt Meadow Grass (Spartina pa nc) transitions to a broad expanse of Smooth Cordgrass saltmarsh (Sgartina altemiflora), approximately 450 feet wide to the open water area of Bradley Creek. Within the marsh border, there is a small open water tidal flat that could be considered semi -navigable at high tide. There are several areas of oyster reef visible in the mud flat at low water. Coastal wetland vegetation expands up a natural drainage feature along the south side of the property, eventually bisecting the tract, between Lot 4A and Lot 4B. Above tidal influence, the vegetation transitions to freshwater wetland species, such as Cat -tails and sedges. These "404 type" wetlands have been delineated, and the delineation has been approved by the US Army Corps of Engineers, and is pending signature of the surveyed plat. The waters of Bradley Creek are Classified "SC#" by the NC Division of Water Quality. The estuary to the south of the maintained Bradley Creek channel is designated as a Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The applicant's proposed boat basin and docking structure are located just outside (north) of the Primary Nursery Area designation. Bradley Creek is closed to the harvesting of shellfish. The applicant is proposing the development of Camp Wright, a 4 lot, single-family, residential subdivision. Development will include the initial grading for access road construction and utility installation. Individual lots will range in size from 20,000 to 27,000 square feet in area. The applicant proposes to construct an elevated wooden bridge to span the wetland drainage area and access the lots from Shandy Lane. The bridge would be 55 feet long, 12 feet wide, and elevated 3-4 feet above the substrate. Utilities would be attached to the bridge framework. Wooden bulkhead abutments would be constructed on the highground, at both ends of the bridge to retain fill material needed for the road approach to the bridge. The paved access drive would be located within a 30 ft. wide access and utility easement along the eastern property line (220 LF) and turning into the center of .the tract (72 LF). The applicant is proposing to construct a community pier to provide water access for the four (4) lot owners of the Camp Wright subdivision. The pier would be accessed from the access road by a common area pathway (5' wide) between Lots 4C and 4D. From mean high water (1fM, the pier . would be 476 feet in length and 6 feet wide, terminating in a L-head platform (16 ft. X 16 ft.). The applicant is proposing to elevate a section of the pier in the mud flat area to provide for small boat navigation during high water. The elevated section would be approximately 20 feet long and would provide a clearance of 6-8 feet above MHW and a clear span of 14-16 feet between pilings in the most navigable area of the mud flat. Waterward of the L-head platform, the pier would ramp to -a floating dock. The dock would be roughly parallel to the channel, and would be 64 feet long and 6 feet wide. There would be three (3) perpendicular finger piers, 16 feet long and 4 feet wide, and ten (10) mooring pilings installed to create five (5) boat slips. Including the mooring pilings, total project Thomas & Donna Wright/Camp Wright Subdivision and Community Pier length would be approximately 550 feet. The application shows existing water depths at the proposed docking location, range from -0.8' to -2.1' at mean low water (MLW). The applicant is proposing to excavate a small boat basin to provide adequate water depths around the proposed docks. The dimensions of the proposed basin would be 80 feet long and 55 feet wide, to a depth of —5 feet at mean low water (MLW). The dredging would be completed by a barge mounted excavator and would generate approximately 500 cubic yards of spoil material. The applicant has received permission from the property owner to deposit the material on an existing spoil disposal island, located outside of the US Army Corps of Engineer's Right of Way, on the east side of the Atlantic Intracoastal Waterway, approximately 1.25 miles southeast of the project. 10. ANTICIPATED i1VIPACTS The proposed road and utilities extension would create approximately 8,760 square feet of ground disturbance. The vehicular bridge would shade 600 square feet of "404 type" freshwater wetlands. The paved access road would create approximately 3,504 square feet of impervious surface. With subsequent construction of individual residences on the four (4) lots, there will be future ground disturbance and a corresponding increase of impervious surfaces and built upon area. The proposed pier would result in the shading of 2,856 square feet of Smooth Cordgrass marsh (Soartina alterniflota) and intertidal mud flats. The proposed T-head platform, floating docks and mooring pilings would incorporate 3,136 square feet of Estuarine Waters and Public Trust Area. The proposed dredging would result in the excavation of approximately 4,400 square feet of shallow bottom. Short term increases in turbidity can be expected during dredging and piling installation. Approximately 5.,000 square feet of highground disturbance would occur during placement of dredged material at the disposal site. Submitted by: E. F. Brooks Date: 4/23/02 Office: Wilmington 404 5' DOCK ACCESS FOR LOTS 1 h 2 N N LOT 3 20,000 sq.ft. 0.459 ACRES S 62T11'32'E 102.00' N N � N o � � 1 N z t S 62'04'04'E ® / 20.04' LOT 4 27,0779 sq.ft. 0.622 ACRES / / N �9 ' p / S 62'01'32 " 1 ®/ i ,.,• 46.3T L z 15.0' F� W ern LOT 2 20,000 aG ft. a cWJ 0.459 ACRES U b a ✓t � ®/ �ApA W APPX. MHWL AS LOCATED BY LAND MANAGEMENT GROUP LEGEND: 0 IRON PIPE • IRON STAKE 0 CONCRETE MONUMENT Mqy rT lru,COURSE SSIO q iss -s SEAL �? _ BOe,M ' ..... 1111\ I, Bob M. ,once. Jr.. certify that this plot was drawn under my supervleian from on xtud survey made under my superdeion hrn information fond in the New o Hanover Conty Registry. that the error of precision Is 1:10.000+, that the boundaries not survwysd are shown as broken lines. C Witness my hand and sed this S dayy oofff I 2002. J (ORF VJD MAY 1 6 2002 DIVISION OF COASTAL MANAGEMENT THIS PUT IDENTIFIES AS WETLANDS ALL AREAS OF WEMNDS REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATEF ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM tole niter tole ncrFFtuINATION WAS MADE UTIU7JNG THE OF LOT 1 20,000 sq.ft. 4GNED DATE 0.459 ACRES l3 _ l4i___ 404 WETLANDS z 17i N SURVEY / �t 4 b N N 1 IOC NET CARA1P" I " U8D1VISION ', J n era WALMINOTON TOWNSHIP 21, 1�.33_ 10' PRIVATE UTILITY EASEMENT "W._ NEW HANOVER COUNTY CONTROL MONUMENT N 68'14'30'W 190.00' CONTROL MONUMENT ���0 ON NORTH CAROLINA DATE: APRIL 30, 2002 - _ _ _ _ SHANDY LANE _ _ 50 0 50 100 150 C\L SHANDY LANE EXTENDED GRAPHIC SCALE: 1"=50' (TIE) 404 WETLANDS LINES BEARING DISTANCE 1 N 76'09'24"W 23.71' 2 N 49'59'48"W 24.01' 3 N 79'42'59"W 29.00' 4 N 69'49'56"W 34.98' 5 N 86'53'44"W 51.87' 6 S 27'52'13"W 60.87' 7 S 78'26'42"W 17.24' 8 N 61'47'00"E 21.17' 9 S 26'19'55"W 53.03' 10 S 82" O'28"E 22.72' 11 S 63'23'15"E 26.11' 12 S 79'41'04"E 3.81' 13 S 79'41'04"E 17.37' 14 N 86'26'48"E 37.79' 15 S 86'37'15"E 30.85' 16 S 83'31'32"E 26.88' 17 N 79'55'56"E 64.63' 18 N 56'27'06"E 15.29' 19 N 39'49'02"E 1.88' 20 S 39'49'02"W 32.96' 21 S 43'51'35"W 40.70' 22 S 47'26'49"W 36.86' 23 N 09'15'41"E 21.57' 24 N 02'00'46"W 10.06' 25 S 65'39'46"E 20.13' 26 S 58'02'36"W 7.64' 27 S 53'53'00"E 29.62' 28 S 45'58'04"E 17.58' 29 S 46'25'10"W 22.93' 30 S 47'42'55"E 17.04' 31 S 73'00'56"E 32.01' 32 S 79'27'32"E 37.07' 33 S 66'52'17"E 32.17' 34 S 53'49'53"E 7.39' 35 N 53'49'53"W 16.38' 36 N 50'56'24"W 31.13' 37 N 44'20'44"W 32.05' 38 N 57'31'04"W 44.84' 39 S 84*12'14"E 19.68' s o' +T I I o a o 0 0 0 T J 5 a o 30' 0 o 6 ,x 76 _ q6' I; Cam.-,.Sir.L ,.......-.�._..._. /:/:04�" bock '414d Rlft,r✓ bra gr! 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