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HomeMy WebLinkAbout59-14 Batal, JohnP.ertiit Class Permit Number . NEW 59-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission i for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to John M. Batal, PO Box 7069, Fairfax Station, VA 22039 Authorizing development in Onslow County at adl. a manmade canal of Stump Sound, Lots I and 5,Barton Bay Court, North Topsail Beach, as requested in the permittee's application dated 3/26/14 ( MP-D and 4%15/14{MP-4), including the attached workplan drawing (1), dated revised 4/7/14 and AEC Hazard.Notice dated 1/21/14 `thi p"er`mit, issued on July 3_2014 is subject to compliance with the application (where consistent 1 with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may lie subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1),.Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other '.' ;:' structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part n of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification.. . 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced {}� ? throughout the entire existence of the permitted structure. s (See attached sheets for Additional Conditions) Thu permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date An appeal requires resolution prior, to work initiation or contmuance as the case may be. F _ This permit must be accessible on -site to Department personnel when the project is inspected for compliance. l Braxt& Davis, Director wAny maintenance work or project modification not covered Division of Coastal Management v .hereunder'requires further Division approval. All.workmust cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2017 this permit, the State of North Carolina agrees ject is consistent with the North Carolina Coastal Signature of Permittee Permit #59-14' Page 2 of 3 ADDITIONAL CONDITIONS Should the adjacent waterfront lot to the South be sold prior to the initiation of construction of the aooatlift, the permittee shall obtain a signed riparian corridor waiver from the new owner(s) agreeing to • `.allow the construction of the permitted boatlift within the riparian corridor of that property, and a copy ;of the new riparian corridor waiver shall be submitted to the Division of Coastal Management prior to .initiating construction of the docking facility. rtion of the authorized docking facility shall extend more than one quarter of the width of the body. Y No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. `The permittee shall maintain the authorized work in good condition and in conformance with the terms iarid.,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. z 8 1) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public permittee shall install and maintain at his expense any signal lights or signals, prescribed by the U.S. st Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent actors shall be attached to the structure in order to make it more visible during hours of darkness or. ;went weather. permit authorizes a total of (6) six formalized boat slips in association with this docking facility. General permittee understands and agrees that, if future operations by the United States requires the oval, relocation, or other alteration of the structure or work authorized by this permit, or if in the don of the Secretary of the Army or his authorized representative, said structure or work shall cause asonable obstruction to free navigation of the navigable waters, the permittee will be required, upon notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions ;ed thereby, without expense .to.the.United States or the state of North Carolina. No claim shall be le against the United States or the state of North Carolina on account of any such removal or vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. permittee and/or his or her contractor shall meet with a representative of the Division prior to ,ct initiation. Batal Permit #59-14 Page 3 of 3 ADDITIONAL CONDITIONS This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future, development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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. The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 00-0859 v2. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2000-01438, which was issued on 5/1/14. CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-29s1 502 NEW BRIDGE STREET James A. Lewis, P.L.S. L-4562. S.C.# 27741 P.O. Box 1570 Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA Corporate License (C-730) TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: riggsland .bizec.rr.com tAP RECEIVED R 2 5 2014 DW-MotftWn office: 101 Scotts Hill Loop Road 28541 Wilmington, N.C. 28411 (910)681.7444 NARRATIVE FOR BARTON BAY YACHT CLUB BOATSLIPS Mr. John M. Batal purchased Lots 1, 2, 3, 4, 5 & 8, Barton Bay Yacht Club in June and August of 2003 as recorded in Deed Book 2059, Page 736 and Deed Book 2090, Page 944 of the Onslow County Registry, copies enclosed. These single family residential lots were approved by the Town of North Topsail Beach Board of Alderman and recorded in Map Book 39, Page 134 of the Onslow County Registry, copy enclosed. Of these lots, Lot I and Lot 5 adjoin the existing canal which leads to the Atlantic Intracoastal Waterway. This canal has been dredged on at least three occasions and has a minimum of 3.2 feet of water depth at low tide. Barton Bay Yacht Club was developed with the intent all lots within the subdivision would have access to the existing canal. This intent was partially completed with the construction of the private boat ramp lying between Lots 5 & Lot 6. To complete the intent of the subdivision, Mr. Batal requests six boat slips, one slip for each of the remaining lots within the subdivision. Mr. Bata] intends to construct 4' x 13' Landing/Steps, 99' of 4' dock and 31.5 of 3' dock along and parallel to the existing bulkhead. He also intends to construct five finger piers, 4 of the piers having a width of 3' and a length of 16.5' and the remaining pier to have a width of 3' and a length of 12". These boatslips have widths ranging from 15' to 16.7' The 3' x 31.5' dock does rest within the western riparian corridor, however does not impede the adjoiner's use of his existing boat lift. It should be also noted that boatslip designated as 1 has a width of 16.7' and a maximum length of 31.5' from the proposed 4' dock to the riparian property line. The adjoiner, Mr. Wood, who has just recently purchased his property, has an existing boat lift lying immediately adjacent to the riparian property line. Access to these boat slips would be through dedicated access easements along the northern property lines of Lots 1 — 4 and the western line of Lot 5. These areas will be grassed or sodded. It is understood these boatslips will have electric and water service. All adjoiners have been forwarded the complete application package and G %i'Q mail. Copies of the correspondence is enclosed. t✓ G ae �� O •• £8ay •!� C Oy-.y I_ REAL 7�: _7 l 298t _ 4/� `rrllllllt -66CD 15ww< 9 `oe Z7 IN MP-1 APPLICATION for r APR 2 5 2014 Major novolopmont Pormlt (last revised 12'27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) John M. Batal Barton Bay Yacht Club Boat Slips Applicant 1: First Name MI Last Name John M. Batal Last Name Applicant 2: First Name MI N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City N/A 7069 Fairfax Station 7State ZIP Country Phone No. FAX No. 22039 USA 703 — 944 - 4979 ext. N/A NA- - Street Address (d different from above) City State ZIP N/A N/A N/A N/A - Email N/A 2. Agent/Contractor Information Business Name Charles F. Riggs & Associates, Inc. Agent/ Contractor 1: First Name MI Last Name Charles F. Riggs Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State 502 New Bridge Street 1570 Jacksonville NC ZIP Phone No. 1 Phone No. 2 28541 910 - 455 - 0877 ext. 21 910 — 548 - 2811 ext. N/A FAX No. Contractor # 910 455 9033 N/A Street Address (d ddferent from above) City State ZIP N/A N/A N/A N/A - Email rggsland@bizec.m RECEIVED.com DCMWILMINGTON N <Form continues on back> MAR 2 S 2014 252-808-2808 .. I-66b-41RCOAST .. www.nccoastaimanagement.net 4cer Form DCM MP-1 (Page 2 of 4) APPLICATION for i VIment Permit 3. Project Location 3. County (can be multiple) Street Address State Rd. # Onslow Barton Bay Court D ?'1568 Subdivision Name City State Zip Barton Bay Yacht Club North Topsail Beach NC 28460 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. N/A, , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Stump Sound - Atlantic Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Stump Sound- Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. North Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 155 75,746 square feet (six residential lots) C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 4 @ 10,301sq.ft., 20,157 sq.ft„ 14,385 sq.ft, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5' ®NHW or ❑NWL e. Vegetation on tract Grass f. Man-made features and uses now on tract Asphalt subdivision street, bulkhead along canal, Presently vacant single family residential lots g. Identify and describe the existing land uses adjacent to the proposed project site. Existing residences to the west and the north, vacant commercial property to the east and N.C.S.R. 1568 and the Atlantic Ocean to the south h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-10 (Attach zoning compliance certificate, it applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> MAR 2 S ?014 252.808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net S�iw 2 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes SNo (ii) Are there coastal wetlands on the site? ❑Yes SNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo �CV% rA (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All lots have sewer permits from the local sewer company, Pluris, LLC (formerly Utilities, Inc..) DCM-MC" o. Describe existing drinking water supply source. Water supplied by ONWASA. p. Describe existing storm water management or treatment systems. Existing Low Density Stormwater permit for the subdivision - SW8 991103. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Creation of six boat slips for dockage for existing recorded lots 1,2,3,4,5 & 8 of Barton Bay Yacht Club. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction of fixed wood dock and finger piers to commence utilizing standard construction methods. Piles to be washed into place. All materials to be salt treated with galvanized nails and bolts. All structures to comply with North Carolina Building Code. Materials for dock and boat slips to be stored in storage area. Backhoe to be stored in proposed storage area. Construction barge will be utilized for construction of dockage and boat slips and to be moored on eastern side of canal adjacent to property. d. List all development activities you propose. Construction of wood dock or walkway and five finger piers. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 2,500 SSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Stormwater presently sheet flows across the property. Proposed activities will not increase stormwater sheetflow. i. Will wastewater or stonmwater be discharged into a wetland? ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? ❑Yes SNo ❑N ADCM WILMINGTO If yes, attach a mitigation proposal. MAR 2 S 2014 <Form continues on back> NC 252-808-2808 .. 1-8eb-4Kk;uAST .. www. nccoastal management. net 6ll� 3 o f 2'I Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 8EC8 O & Additional Information f In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitteR),15a,lWi9tion package to be complete. Items (a) — (t) are always applicable to any major development application. Please capplication instruction booklet on how to property prepare the required items below. a. A project narrative. . -D(XVHD CITY b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Doug Padgett, Padgett Properties, Inc. Phone No. Address P.O. Box 309, Jacksonville, North Carolina 28540 Name Elizabeth M. Johnson Phone No. Address 631 Timberlake Road, Chapin, South Carolina 29036 Name Edwards Waiters Phone No. Address 5836 Morning Forest Drive, Raleigh, North Carolina 27609 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrmittee, and issuing dates. STORMWATER SW8991103 EROSION CONTROL 980725ON h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land 1 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 the conditions and restrictions contained in the permit. 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. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 03/26/14 Print Name Charles F. Riggs, P.L.S. Signature Please indicate application attachments pertaining to your [-]DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www. nccoastalmanagement. net RECEIVED Form DCM MP-4 STRUCTURES rAPR 25 2014 (Construction within Public Trust Areas) a DCM•MSDl 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. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facilely/marina: ❑Commercial ❑PubliclGovemment ®Private/Community, { -�ffllh -section b. (i) Will the facility be open to the general public? ❑Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yea []No (it) Number 1 If yes: (iii) Length 4' x 99' & 3' x 31.5' & 4' x 13' Landina/Steps (ii) Number 5 (iv) Width 4 (!it) Length 4016.6. 10 12' (v) Floating ❑Yes ONO IN) Width 3' (v) Floating ❑Yes ONO e. (1) Are Platforms included? []Yes ONO f. (i) Are Boadifts included? []Yes ONO If yes: If yes: IN) Number (it) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full service, including travel lift and/or rail, repair or (it) Number of slips existing maintenance service 4 ❑ Dockage, fuel, and marine supplies ® Dockage (wat slipsl only, number of slips: 6 ❑ Dry storage; number of boats: __. ® Boat ramble); number of boat ramps: existing private ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water, no dredging required ❑Other, please describe. k. Typical boat length: 24' to 32' m. (I) Will the facility have tie pilings? []Yes ®No (it) If yes number of tie pilings? I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). runabout to vacht 0 0� �\OpO(M(��\1",4�14 (i) Will the facility be open to the general pj)btic7 []Yes ONO 26 06• t08:: 1•r/68dRCOA4T :: www.nccoastalmanagement.net revised: 12127)00 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: RECEWW ❑ Showers ❑ Boatholding tank pumpout; Give type and location: APR 8 6 2014 b. Describe treatment type and disposal location for all sanitary wastewater. DICU-MITY C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED NC MAR 2 8 2014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 5066T 6 1 27 Form pCM MP-4 (structures, Page 3 of 4) Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? RECEIVED ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetatiog (S I the)(611 (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. H i� (� U [(J I4 ❑CW ❑SAV ❑SB OWL []None DCM-MHDC11'Y p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Dyes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Are of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 54w-T -1 0 f 27 Form 0CM MP-4 (Structures, Page! 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Proposed Landing/Steps are 16 from northern riparian property line and Y x 31.5' dockage rest adjacent to the western riparian property line and within the 15' riparian setback as shown. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 86 e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) 8 yes, explain what type and how they will be implemented. RECEIVED F: b. Proximity of structure(s) to adjacent ring facilities. Proposed structures are adjacenjitoA?IR ri?JeMod eastern docking facilities. y DCM-MM CITY d. Water depth at waterward end of structure at NLW or NWL -3.6to -5.5' a. Give complete description: Construct 4' x 13' Landing/Steps and 99' of 4' dock and 31.5' of 3' dock along and parallel to existing bulkhead. Construct five finger piers, 4 @ Y x 16.6 and 1 @ 3' x 12'. Creation of six boat slips for six single family residential lots. Dockage area to be accessed by common easements through the subdivision. t04115/14 � �'� Barton Bay Yacht Club Boat Slips Project Name 14G P� 252408-2808 :: dA88-4pCOAiT :: www.ncenastalm�rtpQ4rnent.net �¢ /Q r revised: 12i27M t ; 5kir6 �e 2? t� INN, E "E CEIVED IL MINGTON, NC J Disclaimer— Onslow County provides this GIS data as a public service. NO WARRANTY for the availability or accuracy is provided. Printed:Mar 26, 2014 s ate( 1-1 cr -Z-f Project is in an Property Owner: Property Address OCEAN HAZARD AEC NOTICE Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Date Lot Was Platted: I" /4 t 2 000 This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area. which is subject to natural hazards such as storms. erosion and currents. The rules of the Coastal Resources Commission require that you receive an .AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards. teeantrom setbacks and dune alterations are designed to minimize. but not eliminate. property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures he reheated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two Of years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the ( oastal Resources Commission• indicates that the annual long -teen average ocean erosion rate for the area where your property is located is feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as feet landward in a major storm. the flood waters in a major storm are predicted to he about feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. A ithom the proper signature• the application will not be complete. Pr rty Owner Signature O e SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site. the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement. the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be re -measured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate re -measurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing. permit renewal can be authorized. It is unlawful to continue work after permit expiration. For inure information, twntuet: Jam,,) BOLL Local Permit Officer NC DIV. OF COASTAL MANAGEMENT A IEMINGTON, NC 28405 Locality qLb--mG-��a-� Phone Number rRECEM APR 2 5 2014 DCM-Y—HEIC" RECEIVED DCM WILMINGTON, NC Revised May 2010 SJ. la or 2l MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Barton Bay Yacht Club, North Topsail Beach — Onslow County Date: July 7, 2014 Consistency Determination: This project appears to be consistent with the North Topsail Beach Land Use Plan. The applicant proposes to construct a six (6) slip community docking facility. The project is located off Barton Bay Court, adjacent to a man-made canal off Stump Sound in North Topsail Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PT and OEA. Waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of North Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation. In general, North Topsail Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of North Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of North Topsail Beach Land Use Plan. Cc: File MA ENR -. _: _ ........ __- _.. ,.:.. _ ,..... North Carolina -Department of-Ertviroiimei,rand Natural Resources Pat McCrory Governor July 3, 2014 John Batal - P.O. Box 7069 Fairfax Station, VA 22039 Dear Sir or Madam: John E. Skvarla, III Secretary 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 requires. 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. Enclosure Sincerely; y, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone 252 808-2808 \ FAX 252-247-333011nternet: www.nccoastalmariagement;net • An Equal Opportunity I Affirmative Acton Employer DCM Coordinator:-I'Permit MAILING DISTRIBUTION SHEET Permitee• Agents: DCM Field Offices Elizabeth City Morehead City Washington ✓sS mingto % M (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland Wilmington: R e Smit Cultural Resources: Renee Gledhill -Early or (en ' •onmental.review nncdcr.gov Public Water Supply: ane Williams ) Joey White (WARO) NC DOT: Shellfish Sanitation: Pa ' owler State Property: im Walton 4�. Water Resources: ) John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Jo 's — 01 Chad o urn - 401 Linda Lewis - Stormwater Wildlife Resources: M is Dunn (WARO LPO: Fax Distribution: Permitee #: Agent #:_ DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD INVESTIGATION REPORT APR 2 5 2014 1. APPLICANT'S NAME: John M. Batal for Barton Bay Yacht Club 2. LOCATION OF PROJECT SITE: The property is located off of Barton Bay Court, adjacARMATXiade canal off of Stump Sound/AIW W, in North Topsail Beach, Onslow County. Photo Index - 2006: 28-6496, V-16 2000: 28-389, U-V,16 1995: 28-376, U-V, 7-8 State Plane Coordinates - X: 3053216 Y: 1568532 GPS File: N-041613A Lat: 34°30'59.782"N Long:77°22'06.935"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — April 16, 2014 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Received complete 4/16/14 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Classification From LUP-AEC areas are classified Conservation and Resource Protection (B) AEC(s) Involved: EW, PT, OEA (C) Water Dependent: Yes (D) Intended Use: Private Community Docking Facility (E) Wastewater Treatment: Existing — Municipal Sewer Planned -None (F) Type of Structures: Existing — Infrastructure, bulkhead, vacant single family residential lots Planned — Residential lots/subdivision (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands — Coastal (B) Non -Vegetated Wetlands - open water 724.5 sq. ft. (incorporated) (C) Other(Highground) (D) Total Area Disturbed: 724.5 sq. ft. (.01 ac.) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a six (6) slip community docking facility. VSZEWED Barton Bay Yacht Club Page Two APR 6 2014 9. PROJECT DESCRIPTION: The project site is located adjacent to Lots 1 and 5 on Barton Bay Court, adjacent to a man-made canal off of Stump Sound/AIW W, in North Topsail Beach, Onslow County. To get to the site from Wilmington, take NC Highway 17 north toward Jacksonville. Turn right onto Old Folkstone Road (SR 1518 approximately 28 miles from Wilmington) and turn right on NC 210. Continue over the bridge to North Topsail Beach. Turn left on to New River Inlet Road (SR 1568) and travel approximately 3.6 miles. Turn left onto Barton Bay Court. The property will be located on the left hand side of the road immediately before the cul-de-sac and is currently undeveloped. The entire tract is approximately 1.7 acres and consists of six undeveloped lots. Lots 1 and 5 have a combined shoreline length of approximately 155 linear feet along the canal. Currently, the property is void of any man-made structures with exception of the asphalt street, utilities and an existing bulkhead. This area is being developed as a residential subdivision. Vegetation on the property consists of lawn grasses. The site elevation is approximately 5 ft. above Normal High Water (NHW). The existing bulkhead extends the entire shoreline of Lots 1 and 5 and connects to the 15 ft. wide existing boat ramp adjacent to Lot 5. The NC Division of Water Quality has classified the canal's waters, in the vicinity of the project, as SA. The NC Division of Marine Fisheries has designated this area of Stump Sound as Primary Nursery Area (PNA) and the waters adjacent to the proposed project are CLOSED to the harvesting of shell fishing. According to the Onslow County Land Use Plan (LUP), the high ground portion of this property is classified as Developed and the waters and marsh are classified as Conservation. PROPOSED PROJECT: The applicant is requesting authorization to construct a community docking facility for Barton Bay Subdivision. According to the application package, the proposed project would provide a slip for each of the six remaining lots in the subdivision. As proposed, a fixed dock (measuring approximately 99 ft. in length by 4 ft. in width) would extend from the existing boat ramp along the length of the existing bulkhead in front of Lot 5 and Lot 1. The proposed dock would then continue west along Lot 1 measuring approximately 31.5 ft. in length by 3 ft in width. The applicant has proposed five (5) fixed finger piers, four measuring approximately 16.5 ft. in length by 3 ft. in width and one measuring approximately 12 ft. in length by 3 ft. in length. According to the applicant, the boat slips would have widths ranging from 15 ft. to 16.7 ft. The docking facility does encroach into the adjacent riparian property area to the south, however the applicant has obtained a waiver for the 15 ft. setback requirement. As designed, the finger piers would be fixed and located approximately 3 above the elevation of NHW. The application states that the proposed new docking configuration would provide docking space for up to six (6) vessels. Existing surveyed water depths range from -3.5 ft. to --5.5 ft. relative to MLW (See drawing dated received 4/9/14). To date, the applicant has received authorization and/or permits for development activities on the subject property from the Division of Mining and Land Resources Stormwater Section (SW8991103) and Erosion Control 980725ON. 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 724.5 sq. ft. of Estuarine Waters and Public Trust Area. The application states that the proposed finger piers would extend approximately 16.5 ft. into the canal which measures approximately 86 ft. across. The structures would be located in an area where water depths orange from -3.5 ft. to -5.5 ft. (MLW). As proposed the project would conform to the 1.4 width rule according to the riparian survey. The applicant has received a waiver from the property owner to the south (Wood) for the encroachment of the proposed docking facility. Submitted by: Tara MacPherson Date: April 22, 2014 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Barton Bay Yacht Club c% John M. Batal COUNTY: Onslow PROJECT NAME: Barton Bay Yacht Club Community Docking Facility RBCEM d LOCATION OF PROJECT: end of Barton Bay Ct., adjacent to Stump Sound, in rth Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-16-14 APR 2 5 2014 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Macpherson DISTRICT MANAGER REVIEW: t%,,e_ ;?-:� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 4-24-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: e( C) 75 DAY DEADLINE: L MAIL OUT DATE: 4-23-14 FEDERAL DUE DATE: To Be To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $250 END OF NOTICE DATE: 5-15-14 DEED 'D: YES ON: 2 150 DAY DEADLINE: STATE DUE DATE: 5-15-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative //// q- Z S' 1 i Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) 5 6vt Division of Water Resources (401) ✓ 60-08S4 VZ Storm Water Management (DEMLR) State Property Office — 12-1 y Division of Archives & History (5- ( k Division of Environmental Health S- d - 14 y Division of Highways S let-(y ✓ Wildlife Resources Commission ! ^. ) 6 - ILA ✓ Local Permit Office Division of Marine Fisheries / DCM y ZS' �y Corps of Engineers P ,0-s S - 4- )N E3 NCDENR 1 No tt,Qarolina Departmktof Eovironment and Natural Re�oqrc PalMcCrory Ap(11'23,,.2014 0`79 'Division of, doastal, Managemen MEMORANDUR. , Renee Gledhill- Early5ryry 9— Dept, of CjItbfal'RdsoUrces, 1> Archiveis & kistory FRPAI: Jonathan I-IdWell, NG DEN R-DWAssistant Major Permits, Coordinator 460tommerce Ave., Moreheao'Cltyj NC,28557f oarierllmM'09) $U11jiEPT CAMA Majpr,Permit Application Pdview, 4PI166nt: -Baitbh Bay Yacht,,Cltib c16 John -K,`BatdI P-rojqqfLoe6ejon:, , god iof:113�arton bav�bc; a I S' , lq'Niorth Topsail , Beach, �O -'N"- C0 dj4c6nt ta. Sound -- Pro posed, P- rqject*'.to=cbnstr,Lic.tti,6,"§I,ipdomrnunityo6cR!n,g'fAcility below your agency's -position or vlevvo6intbn the, pro' osed projectand p a46 don4tliih Ho;w6;11'atthe,,,dddeEi�3§raboy,e'b,.y'AlaY 1.5, 2014. 'if you havb ig4rdirjgjhe. proposedol pr "e contact a l�herson ot,t ,c n" cf�t ra,,Mac REIPILY;This agency has no oojectio'n lo'the p'roj'Oct* as proposed. is Thi agency has noocomrnent:on'the proposed project. fils — agency approves ,of the 'projeci only, If the recommended'. 6 . hanges,are incot,p&at&d.,%ek attached, This agency,objects,loAhe project-forlreasons,,describedi , OJhe-attached cornments. SIGNET) DATE 127 Cad NI, Drive E4 , Wilmington,�C' 2,6405 Phone: 910-196J2I 5 N W.-, 0 T0*5-jw An E?4--i APR" I R 29114 Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Thursday, May 01, 2014 2:25 PM To: Howell, Jonathan; MacPherson, Tara Cc: Steenhuis, Joanne Subject: Barton Bay Yacht Club, docking facility (UNCLASSIFIED) Attachments: GP56.pdf Classification: UNCLASSIFIED Caveats: NONE The Corps received the application for the'Barton Bay Yacht Club docking facility on March 24, 2014. The project qualifies for a GP 56 and the conditions are attached. The AID number for this project is SAW-2000-01438. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smithOusace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE 1 Q= w � NCDENR North Carolina Department of Environment and Pat McCrory Governor May 23, 2014 Barton Bay Yacht Club Attn: John Batal PO Box 7069 Fairfax Station, VA 22039 Natural Resources John E. Skvada, III Secretary DWR Project #: 2000 0859 V2 Onslow County Subject Property: Barton Bay Yacht Club Boat Slips, North Topsail Beach NO WRITTEN CONCURRENCE NEEDED Dear Mr. Batak You have our approval, in accordance with the attached conditions; to construct a 6-slip community docking facility, as described in your CAMA application dated April 23, 2014, received by the Division of Water Resources (DWR) Wilmington Regional Office (WiRO) on April 23, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as the conditions of the General Water Quality Certification Number 3883 (GC3883) are met. This Certification allows you to use the Regional General Permit # 198700056 when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is only valid for the purpose and design that is described in your application. If the property is sold, the new owner must be given a copy of this 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 may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding General Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions., ltECF1VED 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910-796-72151Internet: www.ncdenr.gov MAY 2 8 2014 An Equal Oppodunity 1 Affirmative Action Employer— Made in part by recycled paper DCM-MHD CITY Barton Bay Yacht Club Attn:John Batal DWR Project # 2000 0859 V2 May 23, 2014 Page 2 of 3 2) Any construction that may cause turbidity in the water shall require a boom or turbidity curtain to minimize the impacts. 3) 4) Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the enclosed certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Barton Bay Yacht Club Attn:John Batal DWR Project # 2000 0859 V2 May 23, 2014 Page 3 of 3 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 0500. Please contact me at 910.796.7306 or via e-mail at Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns. Enclosures GC 3883 Certification of Completion Sinc ly, anne Steen uis Senior Environmental Specialist cc: Charles Riggs— Charles F. Riggs and Associates. — electronic copy Jennifer Burdette - DWQ 401 Oversight Unit Tara MacPherson — DCM Wilmington Ronnie Smith - Corps of Engineers Wilmington Jonathan Howell - DCM Morehead City WiRO RECEM MAY 2 8 2014 DCM-Y!IDCITY AILIA". NCDENR North Carolina Department of Environment and Natural Pat McCrory Governor April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Resources John E. Skvarla, III APR 2 3 20% � ice---- ��3 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLY:—OILThis 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 reasonsdescribed in the attached comments. SIGNED DATE L/!/'�t5 2-4)/� 127 Cardinal Drive Ext., Wilmington, NC 28405 TECEjM Phone: 910.796-72151 FAX: 910395.3964 Internet: www.nocoastalmanaoement.net An Eq" Opporwity \ Afiim five Actim Em oyer MAY 21 2914 DCM-MHDWY May, 19, 2014 11:42AM NC Dept of Transportation f§ IrApmr-I0100.5612 rm 4-za-14 NCDMR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Robert Vause NC DOT Onslow County P. 2 t`llsml f A APO 2 N 7011 John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co, Proposed Project: to construct a 6-slip community docking facility Please indicate bolo our agency's pos' 'on or viewpoint on the proposed project and return this form ro Jonathan Howell at fhe address above by May 15, 2014. If you have any questions regX(diaa the propos oject, contact Tara MacPherson at (910) 796-7425, when appropriate, in en s with supporting data is requested. REPLY: This agency has no objection to the project as proposed. JThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This age cy�obbjjects to the roject for realXnsdcribed in the attached comments. SIGNED j`�l i' DATE J 127 Cardinal Drive Fxt., W Iminglon, NO 29405 Phone: 910-796.7215 \ FAX: 910,395.3964 Internal: www.nccoaslalmanaaemenl.nel An Equal OppodUnily\AIA(maoYeAcdon Employer F� w NCDENR North Carolina Department of Environment and Natural Resources Pat McGr Governo April 23, 2014 Division of Coastal Management MEMORANDUM: :APR TO: Dan Sams - District Manager DEMLR - WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, 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 o jects to the project for reasons described in the attached comments. 1 SIGNED DATE Z3 - 2Q0 .r"'co D MAY 6 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net .4 - An Equal Opportunity 1 Affirmative Aclim Employer DC111-WD (ITY MA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Debra Benoy District Manager Public Water Supply John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /✓� /� Wrr� ear O IV )A>A 127 Cardinal Drive Ext., Wilmington, INC 28405 1 MAY 6 2014 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer licm-f4 mCITY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE g �Cn ��� it1 GENE) 127 Cardinal Drive Ext., Wilmington, NC 28405 � MAY 6 2014 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www ncooastalmanaaement.net An Equal opportunity \ Aflinnabve Action Employer DCM-MHD CITY NCDENR North Carolina Department of Environment and Natural Pat McCrory Governor April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management Resources John E. Skvarla, III Secretary RECEIVER APR 2 5 2014 OCR -MEN= FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 0, 127 Cardinal Drive Ext., Wlmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanaaement.net An Equal opportunity \ Affirmative Action Employer ®A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED APR 2 4 2014 DOA STATE PROPERTY OFFICE John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLY: Thi ency has no objection to the project as proposed. -ta � $,�3k C"`�" This agency has no comment on the proposed project. �a This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE—'T RECEIVED 127 Cardinal Drive Ext., Wilmington, INC 28405 F' MAY ] e Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.nocoastalmanacement.net An Equal opportunity \ Affirmative Acdon Employer DCM:tj1D CTIw I� Ir.y r r m2O59 U736 M-WIM IS THCAl0LMQZaWLWAF&4Xr 2I= ukbd asol�@aWe9-E9r lM4H�4PAHsTll49daCSNC 2i1N Ni17lD89XAlatlAtlON 8111f�gyY�yr`Tn116 LTIA'flIL2.gh4&A3�pSYYAGWRp,�, • '1�k1D®�6�rY�dga! J�a Oyp�9 ��ypm` • .�.....�. GRANffi L4JaEsos�l�M.A®�BJole�a dduff m. um FAK W MW4b%Mmdw*DawWmb= •y • nma 709m H. 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ANIRI I �I _ A spxau Evow xAu® ARu As /114YPM115 N2 SEOMN ROOx IM165 i oerz0 ➢Y Mc OvrslYIXr xAr0 Cp011Pp1Y µEL MINBER D PBo DEVELCPYEHL Pm OIHEAWSE NOVA w �o I I 'e 1. of l� I Ilow I I� 31 I� I I I§ I I w�ODuom1prz° G JO 9N, a, W: mn11, p'e iR. . BARTON B Y COURT (PMVA e m I r r 10' AC395 x14YDYi a- °I ID.MM I!i `(lppD EDNE •pC r I I�i 60S 6D• 4 flf A[c \ME AS OEtE o ➢r z dAPMs Jd]s ux eae Pmaro N «�i 1 Mll roD'w I sv,rW E t. a2csax a c. d. z SMO FOR MC UA RG AP T W vnoea. I ' I Eo.(DS' l xim. I I ME xdM cAMEd 9Ar cxu AM' anJPx rAc ws Nu ra wNtm 41 i tl I \aJ I I I� � I I I I i M! Emi.. A MR Ad Y TAsnlurd axflv I I I I i I �S LESNO U I l oa IxaS. P. ]u Ix]s, P. i01- 6Li'TwY uIXlYYwi - aNac udwwr (rmro) `aal I I Y8 H. a. la2 R DW - p1511H0 Rd Rm RCV V) P I I EP - fMIS Wd1 RPE 6dP'0) I I I qy m k.E TABLE R/V Wdi D! NAY Q - fF111WP1E I I OME LGSM RµNS 01fND 09ECIKx N/T -NOW CR GW RM CI I ]I93 .l(tm EOJ9 'aT18'E mT {5 r - D]SrWG MIutlP _ IJ I Cx aE.Z[ a BV40P5 3'IBNMS MARWA WAY - 50' R�1Y Gl Ca ♦ OJ M ]ST 0p aa69 O- uAV91/r.EIWDS Ij GRAPHIC SCALE 1 I FINAL PLAT FOR BARTON BAY YACHT CLUB " z 5. 2000 DATE' RY: UARY 3B DDRAMATE: BY. RE BDOKD— PAGE 4.958 ACRE TRACT ON NCSR 1565 CHECKED BY: COMPUTER: au nw. STUMP SOUND TOWNSHIP. ONSLOW COUNTY, NORM CAROUNA PROJECT NUMBER: 95-04_2t TOWN OF NORM TOPSAIL BEACH B0DP:09 P090:194 Pxg01011 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John M. Batal for Barton Bay Yacht Club 2. LOCATION OF PROJECT SITE: The property is off of Barton Bay Court, adjacent to a man-made canal off of Stump Sound/AIW W, in North Topsail Beach, Onslow County. Photo Index - 2006: 28-6496, V-16 2000: 28-389, U-V,16 1995: 28-376, U-V, 7-8 `State Plane Coordinates - X: 3053216 Y: 1568532 GPS File: N.041613A Lat: 34°30'59.782"N Long:77°22'06.935"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — April 16, 2014 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Received complete 4/16/14 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Classification From LUP-AEC areas are classified Conservation and Resource Protection (B) AEC(s) Involved: EW, PT, OEA (C) Water Depend *• ve (D) Intended se: Private Community Docking Facility (E) Wastewater rea me 7. 8. Planned -None (F) Type of Structures: Existing — Infrastructure, bulkhead, vacant single family residential lots Planned — Residential lots/subdiaiision (G) Estimated Annual Rate of Erosion: NIA ---s Source - N/A HABITAT DESCRIPTION: (A) Vegetated Wetlands — Coastal (B) Non -Vegetated Wetlands - open water 724.5 sq. ft. (incorporated) (C) Other(Highground) (D) Total Area Disturbed: 724.5 sq. ft. (.01 ac.) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: NO PROJECT SUMMARY: The applicant proposes to construc a six (6) slip community docking facility. Barton Bay Yacht Club Page Two 9. PROJECT DESCRIPTION: The project site is located adjacent to Lots 1 and 5 on Barton Bay Court, adjacent to a man-made canal off of Stump Sound/AIW W, in North Topsail Beach, Onslow County. To get to the site from Wilmington, take NC Highway 17 north toward Jacksonville. Turn right onto Old Folkstone Road (SR 1518 approximately 28 miles from Wilmington) and turn right on NC 210. Continue over the bridge to North Topsail Beach. Turn left on to New River Inlet Road (SR 1568) and travel approximately 3.6 miles. Turn left onto Barton Bay Court. The property will be located on the left hand side of the road immediately before the cul-de-sac and is currently undeveloped. The entire tract is approximately 1.7 acres and consists of six undeveloped lots. Lots 1 and 5 have a combined shoreline length of approximately 155 linear feet along the canal. Currently, the property is void of any man-made structures with exception of the asphalt street, utilities and an existing bulkhead. This area is being developed as a residential subdivision. Vegetation on the property consists of lawn grasses. The site elevation is approximately 5 ft. above Normal High Water (NHW). The existing bulkhead extends the entire shoreline of Lots 1 and 5 and connects to the 15 ft. wide existing boat ramp adjacent to Lot 5. The NC Division of Water Quality has classified the canal's waters, in the vicinity of the project, as SA. The NC Division of Marine Fisheries has designated this area of Stump Sound as Primary Nursery Area (PNA) and the waters adjacent to the proposed project are CLOSED to the harvesting of shell fishing. According to the Onslow County Land Use Plan (LUP), the high ground portion of this property is classified as Developed and the waters and marsh are classified as Conservation. PROPOSED PROJECT: The applicant is requesting authorization to-camstmet a community docking facif for 3ay Subdivision. According to the application package, the proposed project wou _ prove a s ip for each o e re mg in the subdivision. As proposed, a fixed dock (measuring approximately 99 ft. in length by 4 ft. in wi wou extend from the existing boat ramp along the length of the existing bulkhead in front of Lot 5 and Lot 1. The proposed dock would then continue west along Lot 1 measuring approximately 31.5 ft. in length by 3 ft in width. The applicant has proposed five (5) fixed forger piers, four measuring approximately 16.5 ft. in length by 3 ft. in width and one measuring approximately 12 ft. in length by 3 ft. in length. According to the applicant, the boat slips would have widths ranging from 15 ft, to 16.7 ft. The docking facility does encroach into the adjacent riparian property area to the south, however the applicant has obtained a waiver for the 15 ft. setback requirement. As designed, the finger piers would be fixed and located appro e e e eva . The application states that the proposed new docking configuration would provideldockinQn space for ctp c 6 vessels xisting surveyed water depths range from -3.5 ft. to --5.5 ft. relative to MLW (See drawing dated received 4/9/14). To date, the applicant has received authorization and/or permits for development activities on the subject property from the Division of Mining and Land Resources Stormwater Section (SW8991103) and Erosion Control 980725ON. 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 724.5 sq. ft. of Estuarine Waters and Public Trust Area. The application states that the proposed forger piers would extend approximately 16.5 ft. into the canal which measures approximately 86 ft. across. The structures would be located in an area where water depths orange from -3.5 ft. to -5.5 ft. (MI.W). As proposed the project would conform to the 1.4 width rule according to the riparian survey. The applicant has received a waiver from the property owner to the south (Wood) for the encroachment of the proposed docking facility. Submitted by: Tara MacPherson Date: April 22, 2014 Office: Wilmington CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-2981 502 NEW BRIDGE STREET James A. Lewis, P.L.S. L-4562, S.C.# 27741 P.O. Box 1570 Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA Corporate License (c-73o) TELEPHONE: (910) 455-0877 FACSRAILE: (910) 455-9033 E-MAIL: riggsland@bizee.rr.com Wilmington Office: 101 Scotts Hill Loop Road 28541 Wilmington,N.C. 28411 (910)681-7444 NARRATIVE FOR BARTON BAY YACHT CLUB BOATSLIPS Mr. John M. Batal purchased Lots 1, 2, 3, 4, 5 & 8, Barton Bay Yacht Club in June and August of 2003 as recorded in Deed Book 2059, Page 736 and Deed Book 2090, Page 944 of the Onslow County Registry, copies enclosed. These single family residential lots were approved by the Town of North Topsail Beach Board of Alderman and recorded in Map Book 39, Page 134 of the Onslow County Registry, copy enclosed. Of these lots, Lot 1 and Lot 5 adjoin the existing canal which leads to the Atlantic Intracoastal Waterway. This canal has been dredged on at least three occasions and has a minimum of 3.2 feet of water depth at low tide. Barton Bay Yacht Club was developed with the intent all lots within the subdivision would have access to the existing canal. This intent was partially completed with the construction of the private boat ramp lying between Lots 5 & Lot 6. To complete the intent of the subdivision, Mr. Batal requests six boat slips, one slip for each of the remaining lots within the subdivision. Mr. Batal intends to construct 4' x 13' Landing/Steps, 99' of 4' dock and 31.5 of 3' dock along and parallel to the existing bulkhead. He also intends to construct five finger piers, 4 of the piers having a width of 3' and a length of 16.5' and the remaining pier to have a width of 3' and a length of 12". These boatslips have widths ranging from 15' to 16.7' The 3' x 31.5' dock does rest within the western riparian corridor, however does not impede the adjoiner's use of his existing boat lift. It should be also noted that boatslip designated as 1 has a width of 16.7' and a maximum length of 31.5' from the proposed 4' dock to the riparian property line. The adjoiner, Mr. Wood, who has just recently purchased his property, has an existing boat lift lying immediately adjacent to the riparian property line. Access to these boat slips would be through dedicated access easements along the northern property lines of Lots 1 — 4 and the western line of Lot 5. These areas will be grassed or sodded. It is understood these boatslips will have electric and water. service. All adjoiners have been forwarded the complete application package and maps' g ti'641 mail. Copies of the correspondence is enclosed. ��� O�i�' AQ �,�F1tiCR0�i/i p `�1111111\11 ,,K�'VrScrj -lh4.r 9 aF o-1 hem Mr-1 APPLICATION for Major Development Permit (last revised 12i27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) John M. Batal Barton Bay Yacht Club Boat Slips Applicant 1: First Name MI Last Name John M. a s - -"— — Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State N/A 7069 Fairfax Station VA ZIP Country Phone No. FAX No. 22039 USA 703 - 944 - 4979 ext. N/A NA- - Street Address (ifdiHerent from above) State ZIP N/A A[N/A N/A N/A - Email N/A 2. Agent/Contractor Information Business Name Charles F. Riggs & Associates, Inc. Agent/ Contractor 1: First Name MI Last Name Charles F. Riggs Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State 502 New Bridge Street 1570 Jacksonville NC ZIP Phone No. i Phone No. 2 28541 910 - 455 - 0877 ext. 21 910 - 548 - 2811 ext. N/A FAX No. Contractor Ar 910 455 9033 N/A Street Address (rf different from above) City State ZIP N/A N/A N/A N/A - Email riggsland@bizec.rr.com RECEIVED DCM WILMINGTON N <Form continues on back> MAR 2 8 N14 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net 5jc�T I -F 11 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow Barton Bay Court N.C.S.R. 1568 Subdivision Name City State Zip Barton Bay Yacht Club North Topsail Beach NC 28460 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. N/A, , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Stump Sound - Atlantic Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Stump Sound- Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. North Topsail Beach 4. Site "Description a. Total length of shoreline on the tract (R) b. Size of entire tract (sq.ft.) 155 75,746 square feet (six residential lots) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 4 @ 10,301 sq.ft., 20,157 sq.ft,, 14,385 sq.ft., NWL (normal water level) (if many lot sizes, please attach additional page with a list) 5' ®NHW or ❑NWL e. Vegetation on tract Grass f. Man-made features and uses now on tract Asphalt subdivision street, bulkhead along canal, Presently vacant single family residential lots g. Identify and describe the existing land uses adlacent to the proposed project site. Existing residences to the west and the north, vacant commercial property to the east and N.C.S.R. 1568 and the Atlantic Ocean to the south h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-10 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED UUM VVILIVIIIVV 1 VIo, 1v <Form continues on next page> MAR 2 8 2014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.nlet SrtE'r 2 -to 2 7 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All lots have sewer permits from the local sewer company, Pluris, LLC (formerly Utilities, Inc..) o. Describe existing drinking water supply source. Water supplied by ONWASA. p. Describe existing storm water management or treatment systems. Existing Low Density Stormwater permit for the subdivision SW8 991103. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Creation of six boat slips for dockage for existing recorded lots 1,2,3,4,5 & 8 of Barton Bay Yacht Club. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction of fixed wood dock and finger piers to commence utilizing standard construction methods. Piles to be washed into place. All materials to be salt treated with galvanized nails and bolts. All structures to comply with North Carolina Building Code. Materials for dock and boat slips to be stored in storage area. Backhoe to be stored in proposed storage area. Construction barge will be utilized for construction of dockage and boat slips and to be moored on eastern side of canal adjacent to property. d. List all development activities you propose. Construction of wood dock or walkway and five finger piers. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 2,500 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Stormwater presently sheet flows across the property. Proposed activities will not increase stormwater sheetflow. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NADCM WILrEIVED If yes, attach a mitigation proposal. MAR 2 8 2014 <Form continues on back> ,NC 252-808-2808 :: 1-888-4RCOAST :: www. nccoastalmanagement. net SNa, r 3 of 2N Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition. to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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. Name Doug Padgett, Padgett Properties, Inc. Phone No. Address P.O. Box 309, Jacksonville, North Carolina 28540 Name Elizabeth M. Johnson Phone No. Address 631 Timberlake Road, Chapin, South Carolina 29036 Name Edwards Walters Phone No. Address 5836 Morning Forest. Drive, Raleigh, North Carolina 27609 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. STORMWATER SW8991103 EROSION CONTROL 9807250N h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 03/26/14 Print Name Charles F. Riggs, P.L.S. Signature Please indicate application attachments pertaining to your proposed pray ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 ❑DCM MP-3 Upland Development EDCM MP-4 Structures Information and Culverts RECEIVED DCM WILMINGTON, NC MAR 2 8 2014 252-808.2808 :: 1-888-4RCOAST :: www. nccoasta l management. net t,.L— 4--0 29 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form OCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. .. ,SiI 4p is F A004ICH/kRACTERISTICS A ' ' tSsection.o�ptile F,. a. (i) Is the docking facility/manna: b. () Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community []Yes ®No c. (i) Dock(s) and/or pier(s) d. (ii) Number 1 (iti) Length 4' x 99' & 3' x 31.5' & 4' x IS Landing/Steps (iv) Width 4 (v)Floating []Yes ®No e. (I) Are Platforms included? ❑Yes ®No If yes: (11) Number (ii) Length (ivl Width acing-QYes ONO Roofed areas ere calculated from ddpline dimensions. g- (i) Number of slips proposed 6 (ii) Number of slips existing 4 I. Zit r 6sed type of siting: ❑ Land cut and access channel []Open water, dredging for basin and/or channel ®Open water, no dredging required ❑Other; please describe: k- Typical boat length: 24' to 32' m. (i) Will the facility have tie pilings? []Yes ®No (it) If yes number of tie pilings? (i) Are Finger Piers included? ®Yea ONO If yes: (it) Number ¢ (III) Length 4016.6. 1 212' (iv) Width I (v) Floating []Yes ONO f. p) Are Boadits included? ❑Yes ®No It yes: (fi) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lit and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips) only, number of slips: 6 ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: existing private ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout charter boats, sail boats, mixed types). runabout to yacht 10 QGM��\pU(°� (i) Will the facility be open to the general pWtic7 ❑Yes ®No 252-SOW2808 ;: 1-MARGOAST U wWW.acaoas%tntm nt nO1 revised): 12!27!06 IFOrM ®C6'rfl MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No RECEIVED DGM NC MAR 2 8 2014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 <�a�� G -if `L7 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE: (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑ Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from drip/ine dimensions. 4. GROIN (a.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC MAR 2 8 2014 252-808-2808 :: 1-888-4RCOA57:: www.nccoastalmanaoement.net revised: 12/27/06 5U sr �1 at4 21 Form ®CFAI MP-4 (Struciums, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Yb. Proximity of structure(s) to adjacent docking facilities. Proposed Landing/Steps are 15' from northern riparian Proposed structures are adjacent to both northern and property line and 3' x 31.5' dockage rest adjacent to the eastern docking facilities. western riparian property line and within the 15' riparian setback as shown. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 86' 9. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (II) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -3.6to -5.5' a. Give complete description: Construct 4' x 13' Landing/Steps and 99' of 4' dock and 31.5' of3' dock along and parallel to existing bulkhead. Construct five finger piers, 4 @ Tx 16.5' and 1 @ 3' x 12'. Creation of six boat,slips for six single family residential lots. Dockage area to be accessed by common easements through the subdivision. 28$ BOOe2iE08 i 8®8 49iC pA 7 :: wwW ne Is meii4'nbt 1_pSi�� m b� l���j� ���� $ Wjsed 13127i00 �_3s W+l EIVED r It MINGTO 5 (Q! If Disclaimer— Onslow County provides this GIS data as a public service. NO WARRANTY for the availability or accuracy Is provided. , MAR ; a 2014 PrintedWar 26, 2014 NC 5 amt 0 or 2y Pat McCrory Governor r NCDENR North Carolina Department of Environment and Natural Resources G-1+D`f215. of April 23, 2014 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Barton Bay Yacht Club c% John M. Batal Project Location: end of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, ON Co. Proposed Project: to construct a 6-slip community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 15, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, 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 A DATE 5-13-201� tt, RECEIVER A 26 e' MAY 16 2014 0� iA 2014 Cardinal127 Drive Ext., Phone: 914796.72151 FAX:910 3953964 Internet: www.nccoastalmanaoement.net m RECV� C, DCMMHDCITY An Equal Opporluniq l Affirrna6ve AcfiM Employer (v`OAS14. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.miUWETLANDS/index.html General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1.2011 Expiration Date: December 31, 2016 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403- 1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with following standards in order to be authorized by this RGP. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2. Mooring piles, dolphins, jetties and breakwater structures may be constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize excavation or the discharge of excavated or fill material within Waters of the US, except for the placement of rip -rap material for groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions should be used for purposes of this regional general permit (RGP): a. Mean high water mark (MHWM) The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinary High Water Mark (OHWM). The line on the shore, in non -tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the Commander's Policy on Setbacks Along Federally Authorized Channels. You may review a copy of the policy at http://www.saw.usace.artny.mil/WETLANDS/library.html b. This general permit does not authorize construction across or into any natural or manmade channel or water body in any manner that may adversely affect navigation by the general public. c. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general permit may be extended or be located up to 400 feet waterward of the mean high water (MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWM) elevation contour (non -tidal areas) or one-third (1/3) the width of a natural water body, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. d. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. e. The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility authorized by this 2 General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. g. Boathouses, boatlifts, boat shelters and floating piers will not be constructed over Federally jurisdictional wetlands. h. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. i. Piers, docks, boat houses, and boat shelters shall not be constructed in seagrasses and other submerged aquatic vegetation. j. Wooden jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas) or the OHWM elevation contours. k. This general permit does not authorize the installation of fueling facilities on authorized structures. 1. Riprap groins shall not exceed abase width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. m. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. n. Riprap groins shall not be located within primary nursery areas, submerged aquatic vegetation, or areas identified as essential fish habitat. o. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations of water elevation, will be designed so that the structure will not rest on the bottom at any time and will be secured in such manner as to not break away. p. Breakwater structures will be no longer than 500 feet. They will have a minimum of one - inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. q. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. r. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. s. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the pemuttee 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. t. This general permit does not authorize habitable structures or any structure or associated facility for nonwater-related use. u. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W), will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers (USAGE) acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. v. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 711.0208(b)(5). w. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for a reason other than safety. f 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. g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. to Recommendations for State Permit — Barton Bay yacht Club RMCFIVFD:. The total area of the docking facility was calculated as follows: APR 2 6 2014 Shoreline length = 155 ft. x 8 sq. ft = 1,240 sq. ft. allowable. Fixed Dock = 99 ft. x 4 ft. (396 sq. ft.) and 31.5 ft. by 3 ft. (94.5 sq. ft.) = 490. ft. credit for access) Finger Piers = 16.5 ft. x 3 ft. = 49.5 x 4 = 198 sq. ft. Finger Pier = 12 ft. x 3 ft = 36 sq. ft. Total = 234 sq. ft. The community docking facility would provide docking space for the total up to six (6) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the '/< width rule and the eight square foot rule. The proposed structures would be located entirely over open water. This office has no objection to the proposed work provided that it is consistent with all other state and federal permitting requirements.. It is recommended that any permit issued should include the following conditions: 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 structure without permit modification. No non -water dependent uses of structures may be conducted on; in, or over public trust waters without permit modification. 2. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier line and 1/4 width of the water body. No attempt will be made by the permittee to prevent the full and flee use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 4. 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. 5. 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. 6. This permit authorizes six (6) boat slips. At no time shall more than six 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. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. We Barton Bay Yacht Club Recommendations Page Two 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alterations, 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED APR 2 5 2014 NU 194•,^Tfi� A�� NCDEWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 22, 2014 Charles F. Riggs & Associates, Inc. Attn: Charles F. Riggs 502 New Bridge Street Jacksonville, NC 28443 Dear Mr. Riggs: John E. Skvada,lll Secretary RECBIVEAr,' APR 2 5 2014 DCMMHDCITY The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Mr. John M. Batal, requesting State approval for development of property located at Barton Bay Court, adjacent to a canal off of Stump Sound/AIW W, in North Topsail Beach, Onslow County. Your application was received complete on April 16, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 1, 2014. 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. If this agency does not render a permit decision within 70 days from April 16, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Tara MacPherson Field Representative Cc: Jonathon Howell, DCM WiRO file, DCM Deb Hill, North Topsail Beach 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-39"964 Intemet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer \T(1'1'IC1: CAMA PERMIT APPLIED FOR Topsail Beach, Onslow County. � D COMMENTS ACCEPTED -TF-IR®IJGF-I Mav 5, 20�_ APPLICANT: Charles New WrFage 5T. PO Box 1570 FOR MORE DETAILS CONTAC O THE LOCAL PERMIT OFFICER ELOW: .-� NC Div. of Coastal Management 1�7 Cardinal Dr Ext. VNilmington, NC 28405 T. MacPherson, Field Rearesentative 910-796-7425 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date & l Z t A4' Name of Property (honer Applying for Permit: Mailing Address: PC) . So,. 74) V! RECEIVED APR 2 5 2014 DCUMHD0Y �aP�i.�7/ F e►��S I certify that I have authorized (agent) AWAs 1Pl td'act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (my property located at) This certification is valid thru (date) _es� 1 2 I S RECEIVED DCM WILMINGTON, NC MAR 2 8 2014 5r�r it 4l0 21 (➢.yw L of 2) �r N92059RA736 r„rorn c7:nvsr A�q,, 0�7ae.e3 0 ra MdM es1i 7--89'ds. oo 7bkkwk�wrpnea�y: Lr4 Nam R1LBa37^/nf4y6m2Bw momm WwAm7m Bdifda�lla BrvLYa LTLCiTB I-2 ]! 4 BAeTf3f BAYYAQiTCLir ffiB®aiiY:�Apd awa. .2dB]�br3rwr L G Jdrr r wW Aar. H JWi I B1BeM3kq, Bl rdwlB, Dor 7h3en ..). LaipK. COBan ad wtlk Dkr Clh*a GRAMM JABIf N. YTAL eYfII.T TMW. JOY tl. LTAL, T10) M ikeo:y..lrtrrrra.r.r�r.i�iisa.r.Y�rtho+o,wuwtm. rrHs�.rmrreid: �4ekvfl�au4BrYrrtlwkirwpkNbarst BEMro[Iwb 1,2.3r4dBo Bq YrY06r6oBdkaplt waadd i,Mq Beak]9.e&p1x Orlew cm7fir]bwkkA nI badetreapnBad1ra4i:w. Thal lb"Y Yc:bMwr¢drbJ'(iabeyYr4rlsr/dk.B� 1277 p 436 Ararrbtr.l.wroB.e7wewvi'.m.+.aiekeBo:k � pp U4 )+cBrA...rBreera Ja a vx:>t..rde vn, 3Ok2 T bM.•�:.d�eNCBrArrYlew-]f31 &&,Cqaolkb32]a3kea mw'RdWpyncr)M 0 �N L PXCsnEI; APR 2 5 2014 DCM.MHDc"Y RECEIVED DCM WILMINGTON, NC MAR 2 S 2014 B0bk:2069,3kptl:73t M2059 FIK737 roxnVa.vn ro))w.or..e,..,)1 aQa,mi wise m.n r:•61.m�pp.r.t� V,r e.Y� riOrMlYiiOla Atlidr:aw�bk dit1.m ,".j w.IwiMdeYki�uyb.lri �qie►bi��41yY�Y,Y�frW mk�mJ�Yti eioWreum YO+wv�Yl �.�m�rlW�itarlri��Myyr+r r�Y�nr.tir►riM,t{��1me �+�.rl wrYl.a II{7R01 www".,iOrrr r61a .mre rim• i iz�_ ueU� I 6' O _I AL) )on p°r� `�'�d wk�.� rrlmr:l.rlr rqa 1rI WjOb1�~ ODb ,`.:°°r�tl nr�rem.ria.gmm.rr4 w .. 1 111►m s►Y l9 m.t...►y j. �+am "*,,-A�awm:w.w mr�rmur� -1�aoob- -- r xrw a1Ua�Qk•a 10C...Y„r \+OTAO?L :'IJBIA-. PECEIW APR 2 5 2014 nc&f.mmcrry RECEIVED DCM WILMINGTON, NC B—k:2039,y490:736 sj16e- f 13 - r Z'! Daps 1 of 2) K2090 U944_ 2M3 kV6 20 PN 12. 55 .. � Dirt so/u/as ige.00 ® amww w oftleTim amd"Tm fto.00 Rewedbw rm%Hods and Pop NORTH CAROLINA GENERAL WARRANTY DEED This faminmat was pnpud by WARLXF, BULR= • DOMM BdddrtodpOn dtfislodn: Lsb!! Q,Ne1a Bq YarL(CYI, Oradsw Comb, IearO TapsaH BMea. NG Thb Dead Male 4614&4q ofAmowt2 W. by and bdwaoo Otmlormd(baobm - GRAlY M J.C. JOBNBON AND WU% APUM-M [L JOMaON "dod"Prommrfb MID IDDiK WALTRRB II AND WIM DONNA WALTM loa emopmu =.IIJ�I�'d' m A" I.AM'tY K. CLOTON MID WIF% DIMR CUr1'Ot4( JOHN BL BATAL Tnmhr of Owaorilpc Omtey f x a voluble 000"ofi d pdd by Giv as, the m0dpt of which b, hmeby mkwwb4nl.0mraya IoG tmle>endeVKto Pmpm(ydea- bdow: Oomu aogdnd mbpsputyby se bdmmmtrmadd faBwl 1273, Pago 436le 6e Onalm. OombRegimy. AmrpabowlaR dopopmtyis.sum leP1d Book 39.PW 134 In ea OndowCmdy Roalmy. The 6& dmdpbm of ow Pmpedy k HRMG NO of Left 3 dad 4, n down m a plot meMbd,'pdY PLt fur Barka Ow YmM Cob 4SM sm bad m NCBR IN% SbmW Bemd TowmAlp, Otdsw Cam More Cmelk , Tam of NWO Top" BI&W, old nap recorded is Book 3% Pop t34 IN dw Ondow Csmly Rq*by. Afldrremadlef adl lo: Tu Id No. PnodldmtlBrN*6 lft ar Vmi6dBy Oamiy Gnir r o.. v D-9.0'aq_ On dw dpwd —20 By RECEIVED APR 2 5 2014 ocm-mDcmr RECEIVED DCM WILMINGTON, NC MAR 2 S M4 8004:2090,Pag.:9E4 sl1�j 14 if 14-1 tv. x ox z) W2090 PAIE945 TO HAVE AM TO HOLD Me said Pmpwty sad all pdd@M ad "ppwu ' (dgbb) beb g g b Otmare, in fee dmple Prambsa by Gnmtm-. Otmtm pmodana (covwmh) WM On"ne. th9t Onoor hu thb to ma INWOMY in ie mho hsa ft rW m omv" the HUO in the abZW* that dW dtb b aptbmh A@ ad fiat and ajar of a0 bma ad ancumb a (im m ffoWm mod jodymmh). and QuAw wig warms ad daPoed the tide apbw ibo kwfal calm otod paoom, mcapt Ibr &a Popow6g mmelmlooc Subject to 2M Ad Vdm® Taxes STATE OF-40NM CAROUNA. C'OUW Y OP ONSLOw FlSA4 �cc� �n/M a Notuy Public of the CouM and BTAbII• State aktewid, 1-t* tress J. C. Jobamm n d Wm.;. Anm ft. R. Jabmem pmj wly -'appmvd bmfote me mb dry and mt3 wwWdgd the aft9dom of the hap btabmmm. r :.W bt aw harm mnd ot6cW th6 t of •�:� My m�la�iontsa: -ZSO� Fes- Notary Pabitc STATE OF NORTH CAROTJNA, COL*M OY ONffiAW SttA4 f. =gA9ECIA a Notary Pubic of the Comay ad �81'A11i0! l+a�, mm 21 rmid, avdff *m Hdtb Wakm M and wNe. Doom Waftm pvwmlly `•,,Tq say .-;ippYrd beline ma d6 dq ad adatowkdFd dicc a d tYe iamammt. . Nbamr my hmd ad omoW ma HY oomvdnion exp)rsa: COM" OF craww . HfAW amae afmanK cw* that Lam g• appm I 1 0ae me"dq am arltmwl •,�. :•-Vpitaa e9 iaad and aeasabdon expbm a Notary Publlo of the Comfy and m m■d WE*, D met cwka petadagy the of tbeJbteautpa iourvmmaC no- soI -OltdBcue(a)d EBBECCa T66m8 WM tamOW 10 be eom" TWA bmkuvA t ad dde oertlHcam ne dtdy tegiaand at ms date taad dt o ad m bee��,,Bwk ad FW abmm m dw"pia homE —1AU-d ^+ ^ -rQf ABMSTERROF DEWS FOR 011860Y ,,,,, By AaalaYal-Rtgblec of Dade. fWCEW W APR 2 5 2014 DCM•MHDCrrY RECEIVED DCM WILMINGTON, NC MAR 2 S ?P- Boo2:2090,pa":9la SVirear Is o F 21 I� J BeM:39 Ppe: 13I Psp 1 d 1 FINAL PLAT FOR i BARYON BAY YACHT CLUB 4.958 ACRE TRACT ON NCSR 1568 STUMP SOUND TOWNSHIP, ONSLOW COUNTY. NORTH CAROUNA TOWN OF NORTH TOPSAIL BEACH Ia�I I m.e-w rt DAIS EEBRDARY 3. 1000 DRAWN BY: .1. FIELD B0 - PAGE: CHEO(ED BY: W PUTDT CHARLES F. RIGGS & ASSOCIATES, INC. 502 NEW BRIDGE STREET P.O. BOX 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: riggsland@bizec.rr.com CA ADJACENT RIPARIAN PROPERT7 co co Ms. zab . Johnson 631 Ti lake Road Cha ' Sou Carolina 29036 Mr . u dgett Padge operties, Inc. P.O. ox 3 Jac sonville, North Carolina 28541 Mr. Eddie Keith Wood 2446 N.C. Highway 50 South Benson, North Carolina 27504 Mr. Edward Walters 5836 Morning Forest Drive Raleigh, North Carolina 27609 APR 2 5 2014 ■ Complete items 1, 2, and 3. Mac 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 rn ilplece, or on the front if space permits. 1. Article Addressed to: Irl�. F-,M;e IZel� I food o?'t�F6 N,C. +a wj StAk '&wsorl Nc -7SY- A. X W 2 A N N � 2 3 �g 8 -j O a LrT B. Recelved b (P' arre) - C. Da of Delivery or vz D. Is ❑Yes � if'11CIC 1TiK1C5`# e'4tIC 11'110 APR 032014 3. CIce Type e toad Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes RECEIVED DCM WILMINGTON, NC 2. Article Number (rranster from semlor Taboo 1i PS Form 3811, February 2004 18120 600(, (,-1,13 194 W Domestic Return Receipt 1 � 3-o74 102595024A-1540 + SF�c^T I (i a� 2l F yqQ [5�Iip y3�) ill � RF, qq jFiFt+�6 4FF + R>x E-0 6 11111 +B� iA; F� �+� A EEp sear. FF oiAeeee E s � r _1 a 1F 0, a . S c 6Ce�� $'•� 1. I RECEWE13 APR 2 5 2014 UCN►-WiDCY[F a If I o F n yip CST r haF R � lei I I \1V 1'\ rii li ill I fF o �a z � Qiiyg <�E �I GGV EY Wit, JJ N t ;,Vap RECEIVED tj DCM WILMINGTON, NC le, of 2' CHARLES F. RIGGS & ASSOCIATES. INC. 502 NEW BRIDGE STREET P.O. BOX 1570 JACKSONVILLE.. NORTH CAROLINA 28541 TELEPHONE.: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: risasland'a bizec.rncom March 20, 2014 Ms. Elizabeth M. Johnson 631 Timberlake Road Chapin, South Carolina 29036 Re: Mr. John M. Batal Barton Bay Yacht Club N.C.S.R. 1568 — New River Inlet Road Stump Sound Township, Onslow County. North Carolina Dear Ms. Johnson: Mr. John M. Batal proposes to construct dock/walkway and five finger piers creating six boat slips for his six lots within Barton Bay Yacht Club. I have enclosed the adjacent riparian property owner statement for the above referenced project. I appreciate your review of this plan and forwarding any comments or concerns to Mr. Jason Dail, CAMA Officer, Division of Coastal Management, NCDENR, 127 Cardinal Drive, Wilmington, North Carolina, 28405 in the enclosed stamped envelope. Respectfully Charl Encic RECBIVF.A APR 2 5 2014 k DCM-MHD CITY m a o^ m L USEP M1 M1 _` Postage $ _ "Ralo p Gamed Fee O p Return Receipt Fee (Endorsement Required) C3 R0'i 1.0ed Delivery Fee (Endorsement Required) a A Total Postage & Fees i2� w�V pryge�4 $0.00 $8.45 1 03/27/2014 to °t77s, &7I'Iza" John sou M1 Slraef,.tp[ fk.;'� ------------� ----j -------------------------- °,Po�rro. 31 —f nc erlal'e VZpc� PS Forin :rr2002 See Reverse for Instructions RECEIVED DCM WILMINGTON, NC MAR 2 8 Z014 SNgi Zo of 11 CHARLES F. RIGGS & ASSOCIATES, INC. 502 NEW BRIDGE STREET P.O. BOX 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: riaesland(a�bizecxncom March 20, 2014 Mr. Doug Padgett Padgett Properties, Inc. P.O. Box 309 Jacksonville, North Carolina 28541 Re: Mr. John M. Batal Barton Bay Yacht Club N.C.S.R. 1568 — New River Inlet Road Stump Sound Township, Onslow County, North Carolina Dear Mr. Padgett: Mr. John M. Batal proposes to construct dock/walkway and five finger piers creating six boat slips for his six lots within Barton Bay Yacht Club. I have enclosed the adjacent riparian property owner statement for the above referenced project. I appreciate your review of this plan and forwarding any comments or concerns to Mr. Jason Dail, CAMA Officer, Division of Coastal Management, NCDENR, 127 Cardinal Drive, Wilmington, North Carolina, 28405 in the enclosed stamped envelope. Respectfully, m -I- I U.S. Postal Service,,, CERTIFIED MAIL,, .. RECEIPT Charles F. eggs, L. . L-2981 r -° r` G Enclosu a .A Postage pCertified Fee O Return Rxequ Fee (EMorsement Required) Posk Here ti nJ 1J Restricted Delivery Fee (Endorsement Required) Toud O77ou Pees $8.45 03/27/2014 APR 2 5 2014 0 r` lnr e Saeed7wL '.. - - `-- q eke P cl e 1�ro �trs ----- . .......-_:_................ �,(7�,�j�� aPo901/ o.3a --3�1 Jack5onV1lle NC o2�4j TMIgag M. RECEIVED DCM WILMINGTON, NC MAR 2 8 Z014 sj"< zi of 2*1 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to John M. Batal 's (Name of Property Owner) property located at Barton Bay Court (Address, Lot, Block, Road, etc.) on Stump Sound in North Topsail Beach N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) Construction of dock/walkway and five finger piers creating six boat slips for his six lots within Barton Bay Yacht Club. 3' dock adjacent to lot 1 rest within 15' riparian corridor. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property ner Ir#Vrmationo(Adjacent Property Owner Information) Sign Signature Joh,KM. Batal Print or Type Name Print or Type Name P. O. Box 7069 Mailing Address Fairfax Station, VA 22039 Mailing Address RECEIVED DCM WILMINGTON, NC City/State/Zip (703) 250-5053 City/State/Zip 9 8 2014 Telephone umber AECI:IVFJ) Telephone Number Date APR 8 5 2014 Date (Revised 611812012) DIM- > MMY Si%e= Z 5" z 7 CHARLES F. RIGGS & ASSOCIATES, INC. 502 NEW BRIDGE STREET P.O. BOX 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: riggsland@bizec.rr.com ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify, I own property adjacent to Mr. John M. Batal, Barton Bay Yacht Club, Barton Bay Court, N.C.S.R. 1568, Town of North Topsail Beach, Stump Sound Township, Onslow County, North Carolina. Mr. Batal proposes to construct dock/walkway and five finger piers creating six boat slips. The State of North Carolina Division of Coastal Management does not require a response. The State does consider no response to be no objection. If you do wish to respond or if you have objections, please state them in the space below and return this form in the addressed, stamped envelope provided to Mr. Jason Dail, CAMA Officer, Division of Coastal Management, NCDENR, 127 Cardinal Drive, Wilmington, North Carolina 28405. Please check the appropriate space for your response. ( ) I have objections to the proposal. ( ) I have no objections to the proposal. Signature Print or Type Name Telephone Number RfiCGtvi;pr Date APR 2 b 2014 RECEIVED DCM WILMIINGTON, NC DmMi1Am MAR 2 8 2014 sr ( 19 or 2, CHARLES F. RIGGS & ASSOCIATES, INC. 502 NEW BRIDGE, STREET JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: rieasland a bizec.rr.com March 20, 2014 Mr. Eddie Keith Wood 2446 N.C. Highway 50 South Benson, North Carolina 27504 Re: Mr. John M. Batal Barton Bay Yacht Club N.C.S.R. 1568 — New River Inlet Road Stump Sound Township, Onslow County, North Carolina Dear Mr. Wood: Mr. John M. Batal proposes to construct dock/walkway and five finger piers creating six boat slips for his six lots within Barton Bay Yacht Club. I have enclosed the adjacent riparian property owner statement for the above referenced project which also includes the waiver for Mr. Batal's 3' dock to rest adjacent to your boat lift and lie within the 15' riparian corridor and not within your property. This dock would not impede access to your boat lift. I appreciate your review of this plan and if you have any questions, please telephone. If you are in agreement, please execute and initial the enclosed form and forward to Mr. Jason Dail, LAMA Officer, Division of Coastal Management, NCDENR, 127 Cardinal Drive, Wilmington, North Carolina, 28405 in the enclosed stamped envelope. Respectfully, F=WEP APR 2 6 2014 0 rr a n- m M1 M1 Postage 1 $ _n 2_ G Certified Fee C3Retum Receipt Fee P 2 e (EMorsement Required) NResbided Delivery Fee (Endorsemerrt Required) r9 Total Postage & Fees $ $8.45 03/27/2014 L j PCMdJIFiD=y o `rn r. 544 Le- Ve l& Woed M1 Sbeef,%7'vu.i...I.uu..�'..... ------- ...1..11...._............ or PO Box No.a44L NC."tfT( �0 IL"iVl ......I....... ......................... ................... cnr.snte,aP«�2✓ISDq NC o2�5Dt{- RECEIVED M WILMINGTON, NC MAR 2 8 2014 s,.� z4 Cr 2, ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to John M. Batal 's property located at Barton Bay Court (Name of Property Owner) (Address, Lot, Block, Road, etc.) on Stump Sound in North Topsail Beach N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location -f<U) I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Construction of dock/walkway and five finger piers creating six boat slips for his six lots within Barton Bay Yacht Club. 3' dock adjacent to lot 1 rest within 15' riparian corridor. -7' ##ve, d0 NrDGWeK- .ivt#, &'I- 4xk- I,fHceKt Zo � ntrn� � c c��fs In 7� W�� mQ qe-*try v�y i30A+ A/A >�►o, r r,�� - �,I's rn�^'4 fl o � � � � B� C3 0 •�{s Yms� a. 6 tC[Li n 6� (�e�-r^^ f Oka- F�� q eta �`' &L& �- PAY h i 'r of S tick r 6t&— pil•bt Ay WAIVER SE Q41 d �� 1-b,►�yl �s I understand that a pier, dock, mooring pilings, breakwater, boath'oiise, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) �kyt7 I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Mailing Address �.p.�ypivl IT I1Am PXCE Telephone Date (Adjacent Property Owner Inform /"r&e[.a lN�� s;F aiJT13� keim Wa Print or Type Name .9 i/t/ ilr S b S & -- �Ily/Jls1l relephone Number Date 3-51-/�f 0 (Revised H/ ao'12J 2014 NC CHARLES F. RIGGS & ASSOCIATES, INC. 502 NEW BRIDGE STREET P.O. BOX 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: ristaslandnbizec.rr.com March 20, 2014 Mr. Edward Walters 5836 Morning Forest Drive Raleigh, North Carolina 27609 Re: Mr. John M. Batal Barton Bay Yacht Club N.C.S.R. 1568 — New River Inlet Road Stump Sound Township, Onslow County. North Carolina Dear Mr. Walters: Mr. John M. Batal proposes to construct dock/walkway and five finger piers creating six boat slips for his six lots within Barton Bay Yacht Club. I have enclosed the adjacent riparian property owner statement for the above referenced project which also includes the waiver for Mr. Batal's boat slip finger to rest adjacent to the boat ramp and lie within the 15' riparian corridor. This is exactly the plan we have discussed multiple times in the past. I appreciate your review of this plan and please execute and initial the enclosed form and forward to Mr. Jason Dail, CAMA Officer, Division of Coastal Management, NCDENR, 127 Cardinal Drive, Wilmington, North Carolina, 28405 in the enclosed stamped envelope. I have also enclosed a copy of the plan for the dune crossover, open decking, covered decking with storage lockers. This permit � U.S. Postal ServiceT1.1 Respectfully, CERTIFIED MAIL,. RECEIPT -r (Domestic Mail Only; No insurance Coverage Provided) ICIAL U E71 ChMRi,L-29 r`Nu,V �Postage $ �- l{S aENI BR/6O-N p Certified Fee ✓ nEnC3 Retum Receipt Fee (Endorsement Required) �.'70 Postmark RECEIVED o FU Restdcte OMAZ Fee (Entlorsemem Required) l C �(dNF�7 gWCM WILMINGTON, NC \<JG APR 2 5 2014 ra Total Postage BFees 1 g $•yi¢N p0 gAM MAR 2 8 2014 Ln o Jrlr, ward I Ise nclvla4ulDerr f` Sfierit.- _t N.................,M... �°.. °'S83ro or PO Box No. ................................................. -�loI'H1 test, tvn lC 1 � N o;2-7 669 5 ('L L � f 2-t CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-298i 502 NEW BRIDGE STREET Wilmington office: James A. Lewis, P.L.S. L-4562, S.CJ 27741 P.O. Box 1570 101 Sootts Hill Loop Road Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA 28541 Wilmington, N.C. 28411 Corporate License (c-73o) TELEPHONE: (910) 455-0877 (910) 681-7444 FACSIMILE: (910) 455-9033 E-MAIL: riggsland .bizec.mcom April 15, 2014 Mr. Jason Dail Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina Re: Mr. John M. Batal Barton Bay Yacht Club Boat Slips Stump Sound Township, Onslow County, North Carolina Town of North Topsail Beach Dear Mr. Dail: In regards to the above referenced project, I offer the following: 1) Shifted Boat Slip "8" finger pier south to avoid the 15'riparian corridor. 2) Shifted the Landing and Steps south to avoid the 15' riparian corridor. 3) Removed the tie piles. 4) Revised MP-4, Sheets 5 of 27, 8 of 27 to properly reflect the revisions. 5) Revised Project Narrative to properly reflect the revisions, Sheet 9 of 27. 6) 26 prints of the revised plan have been previously submitted. Respectfully, V�` Gv N tJG p PQR 1 RECEIVED f APR 2 5 2014 DCMMHDCITY CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 James A. Lewis, P.L.S. L4562 Kenneth E. Johnson, P.L.S. L-0925 Corporate License (C-730) Date: April 9, 2014 Land Surveyors 502 NEW BRIDGE STREET P.O. Box 1570 JACKSONVILLE, NORTH CAROLINA TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: rieeslandlabizec.rr.com Wilmington Office: 101 Scotts Hill Loop Road 28541 Wilmington, N.C. 28411 (910)681-7444 To: Mr. Jason Dail Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Barton Bay Yacht Club Boat Slips Major CAMA Permit Application Dear Mr. Dail: Please find enclosed 26 copies of the revised CAMA Plan for the Barton Bay Yacht Club Boat Slips for your review. L. Riggs iXCr4WED APR 2 5 Z014 ncM-M1mCITY RECEIVED DCM WILMINGTON, NC APR 0 9 2014 CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 James A. Lewis, P.L.S. L4562, S.C.# 27741 Kenneth E. Johnson, P.L.S. L4925 Corporate License (C-730) April 3, 2014 Mr. Jason Dail Land Surveyors 502 NEW BRIDGE STREET P.O. Box 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: rieesland(a),bizec.rr.com Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina Re: Mr. John M. Batal Barton Bay Yacht Club Boat Slips Stump Sound Township, Onslow County, North Carolina Town of North Topsail Beach Dear Mr. Dail: Wilmington Office: 101 Scotts Hill Loop Road Wilmington, N.C. 29411 (910) 681-7444 In regard to the above referenced project and in response to your comments of March 31, 2014, I offer the following: 1) Water Depths have been shown within the boat slips. All elevations are relative to Normal Low Water. I have provided 26 Prints of the Plan. The 3' x 35' finger pier has been shortened to 12' The gravel pathway has been revised to a grassed or sodded pathway. 2) The adjoiners, Mr. Wood and Mr. Walters have confirmed by telephone, they have no objections to the project and will be forwarding the waiver to you directly. 3) Please find enclosed the green cards illustrating certified mail to the adjoiners. 4) Form MP-4 has been revised to reflect a 32' foot vessel rather than a 42' vessel. I have enclosed revised Sheets 5, 8 and 9, which properly reflect the revisions stated above. Respectfully, APR 2 6 Z014 DCMRWICMINGTON�NC APR o32014 Dail, Jason From: Dail, Jason Sent: Monday, March 31, 2014 4:31 PM To: 'chades.riggs@bizec.rr.com' Subject: CAMA Major permit application - Barton Bay Yacht Club - John Batal Good afternoon Charles: I received the CAMA major permit application package you submitted for development at the subject property of John Batal, located along Barton Bay Ct., North Topsail Beach, NC. However, in order for the Division of Coastal Management to process your request for development, there are some additional items that need to be addressed/added. They are as follows: 1) On the site plan drawing(s), we need to see the following: - Existing water depths within the designated boat slips and/or docking areas, relative to normal low water. Please provide spot elevations in each slip. - If the site plan drawings are larger than 11' x 17", please provide 26 copies, folded and signed/sealed. - Based on the site plan, the proposed 3' x 35' finger pier extends beyond ''/. of the width of the waterbody, and may extend out beyond the edge of the channel. Any/all structures proposed shall be limited to the near shore edge of the channel or no more than Y. of the width of the waterbody. Please revise... - Also, on the site plan, you show a +/- 6' x 93"'pervious gravel pathway" within the 30' coastal shoreline buffer. Please note that as of today, or Rules prohibit any gravel within the buffer. Any structure (i.e. platform) located within the buffer shall be limited to elevated, slatted wooden decking less than 200 sq. ft. in size. The plans will require a revision to address this issue. 2) Please provide the required waivers from the two adjacent riparian property owners. 3) Please provide the signed certified mail receipts. 4) On the MP-4 Form you note that a "42-foot yacht" will be docked at this facility; however, if a 42 foot vessel is moored at this docking facility, it is going to potentially restrict access to adjacent properties. I would recommend redesigning the proposed dock to accommodate a vessel of this size, without restricting access in/out of the channel. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. Respectfully, Jason Dail t RECEIVED APR 2 6 2014 DCM-MMICITY CHARLES F. RIGGS & ASSOCIATES, INC. 502 NEW BRIDGE STREET ae a?Ii>b*Li JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 FACSIMILE: (910) 455-9033 E-MAIL: riggsland@bizec.rr.com March 26, 2014 Mr. Jason Dail Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Mr. John M. Batal Barton Bay Yacht Club Boat Slips Stump Sound Township, Onslow County, North Carolina Town of North Topsail Beach Dear Mr. Dail: On behalf of Mr. John M. Batal, Charles F. Riggs & Associates, Inc. submits for your review, the Major CAMA Application for the above referenced project. Upon your final review and comments, I will submit the required number of prints. Respectfully,llly, el4 Charles F. R16 Enclosures 11 acavLD € APR 2 5 2014 DCM-y1MCny RECEIVED DCM WILMINGTON, NC MNrt 2 8 2014 �� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor April 23, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Division of Coastal Management Major Public Notice: • Roger Gendron • Barton Bay Yacht Club John E. Skvarla, III Secretary RECEIVED APR 2 5 Z014 DCM-MHDCrrY Kyle & Heather: Please publish the attached Notice in the Thursday, April 24, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, f `��^ 1 Shaun K. Simpson Permit Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE Michele Walker- DCM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity l Affirmative Action Emp dyer M kif APR 2 6 2014 NOTICE OF FILING OF APPLICATION FOR CAMA MAJORIVIApy DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in an Area of Environmental Concern as designated under the LAMA. According to said applications, On April 15, 2014, Roger Gendron proposed to construct a private docking facility at 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County; And on April 16, 2014, Barton Bay Yacht Club proposed to construct a community docking facility off of Barton Bay Ct., adjacent to Stump Sound, in North Topsail Beach, Onslow County. Copies of these applications may be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 15, 2014 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 these matters will be provided upon written request. y� MAJOR PERMIT FEE SCHEDULE Batal /$400 / New Hanover Co. RECEIVED DCM% ' APR 25&g% Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). if General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 I I I(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or of more than one acre of wetlands rxcavat'on n l/or open water areas: $475 60% $285 40% $190 Ttl5 6 ro (Y 111XAT ME 4Bdtt PWPEM, S LECI.IED x F.. zEAE'.'n .T A ... 1. A. ANEA AS EEIENYNEa BY ME iElIFPK E9JR.EE PICA. NLWT VN�i�YYOANEL NUEIPEN ]]a16P ]]1CP190WJ. NOYFMNEP 1 E. fEOFAK RtlA ARAB NZ NET V.WHF FER MR AREA, AS Li (Cir6R 1, Im R 5 IA,EOR Cm MAT All Lp3 MMIH BMRM BAY YANT ELUB W AtlTi M ME BOAT RAP AND ME ORNATE MEESS EASEMENT. r --------------- .. x_ 7 CANAL EASEMENTS -COX REM90N5: 3/31/1♦ UC D REBOOT SHOTS #THIN EACH BOAT SUP REDUCED BOAT SNP T- 35' FROM TO 20' REMONOTED D ESSTRA� PATHWAY NOTED REGARDING TO CC CRASSER /SODDED NOTE REGARDING ACCESS 4j//14 GBOAT SIUPS 2-5 TO WIDTH DIFTED FINGER PIER A END OFF EXISTING BOAT RAMP TO NE BETNEEN 3IP5 5 h 8 CHARLES F. RIGGS & ASSOCIATES, INC. (c-TSi LAND SURVEYING - CONVENTIONAL & GLOBAL POSITIONING SYSTEMS, LAND PLANNING & COMPUTER MAPPING 502 NEW BRIDGE STREET P.O. BON 1570 101 SCOTTS HILL LOOP ROAD JAd(SONNLIE. NC. 28541-1570 WAMINGTON, N.C. 38411 TELEPHONE: (910) CM-OB)) TELEPHONE, (910) 681-7444 FACSIMILE: (910) 455-NM E-MAIL: rigplandMIEBc.iTP E-MAIL: ri99Elo dMi,uX.n.. I 1 / / / g L_DM A�/�i' • MCWZAiI1 5CN£ CAMA PLAN FOR BARTON BAY YACHT CLUB BOAT SLIPS LOTS 1-5 & 8 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA MOM'rY 9(F1W l APR 2 6 2 14 / b ! I Ir \I tt I r AREA iOJU46 p J Sa�F1L I I 1.739 ACRES I 33 I BOg EDDIE KEITI -MQ"Q I ! I ! AGLSED PI REF-EE' A D.B. 4118. P. )92IRQI MJtlIA1 LOc wAiER ullE aE na' 2H8 NC HIGHWAY 5D SOUTH InRXAFA: xas NpluuExi'vAw 1 Az ux' BENBONC 2)504 r c 1855]5.P07 Er 14�]RA.sEo ! LOT SS L I E.]5' GANEp1 BAY I I Al. I on. . xM e] (1W1) ___________ I I OYNEBS I r T. I /II LNIr. M I L1 I I FMRFAM STAT . VA Mi II Dw xxra I M, 50Mff RAC I I Rt8i I EAR 'V I 1 oEa;m A. "I o.d 1]S P.AM _ _ _ _ 4B. _ _ MARINA WAY I 50' R/W (ASPHALT-PUBNC) I If�1 R,V— EE . CMM0. COPpA EE ss mwnrz ucMRlExr lFaroNrarlma Lc««EX�. EP EA151M6 PPE V - IPpI EW . IRA Cc=? D 1N, NAC V EYx - EASTNL NCB_P NK (FgM)`gMM0. CANEP� CNICN FPK Eg PIgKER-RN.A xI1 DgMOJ(0.W1R0. 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N.C. 28541-1570 WILIAINGTON,'N.C. 26411' TELEPHONE: (910) 455-0977 TELEPHONE' (910) 681-7444 FACSIMRE (910) 455-90M E—MAIL rig9slandMIDa .M+ m E—MAIL tl9gslaaBG86<c.m.cam tH .��.., NTa11Gt svLE V'/ _ ty L-M91 HOWS(HTK XG i .2— ,TSv CAMA PLAN FOR BARTON BAY YACHT CLUB BOAT SLIPS LOTS 1-5 & 8 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROUNA MARINA WAY 50' R/W (ASPHALT -PUBLIC) �D I I x 2I3 MK "M BATIL P.B. BOx mo FM6AX STA9011 VA 2209 Da. 2& as9. .1 Da. P. >Ba oe. 2Wo, P. au zWNm R—lo ,UDA I1V Ra = 9BE - 6 BS 0.R IRIS. P. IT] M. P. I]8 OR 205% 0.& 2ASA P. 75 0.9. 2090. P. aM fO CB NNTR0. COP1IDt EfY a EMSTNE EMEi BENNRiIf (iM9xMlR10. NLIF%i EIP - FXL41W4 WW1 %PE (iBMO) EIR +DlSN14 NW RW (iWNBJ pAN + EMRTNB NMiEi1E HM (f WNUJ FlMi1R0. CERIEAI m = E W PAP/FR-NYdI hN. B CENI1Nl CWELLII) HAS a EGSIINE NMWO AXE LVM M& . NINWVN BYOLWG NNE NNP - NM .—CKWD I., sv - SLAT' PE uawuuNlr (caxma cwnve) s-SET MARTEN NAIL (Mr.CMNER) 5w %(. SEi P0.9NFR-K/.IA'1 NM (fANT10L O]INER) -s4z = WOTT F]E�VAnW O - WT NUUBER /BOAT 9N NUM&'R GRAPHIC SCALE (IN FBB1 ) T Wvn=mn ACWAL FEB SURVEY DATE. MAY 29, 2013 MAPPING DATE: MARCH 26. 2014 DRAWN BY. J. HELMS CHECKED BY: C.P. RIGGS FEW BOOK: TO PAGE 67