HomeMy WebLinkAbout29-96 R&Q Inc. & Queen's Grant DevelopmentPermit Class
Permit Number
Issued to
STATE
Department of Env
X
Major Development-v
410itfll6alth'& Natural Resources
Concern
i33ZII
pursuant toNCGS1dsA-'1is..-',
X Excavation and/or fillinglrusnant to NCGS 113-229
R & Q Inc., Queen's Grant Development, 536 Work Farm Rd., Warsaw, NC 28398
authorizing development in Pender County at
Beach
Topsail Sound adj. Highway 50 at Topsail
, as requested in the permittee's application dated
10/11/95 including attached
workplan drawings, 1 dated revised 1/3/96 and 1 dated received 10/31/95
This permit, issued on — (�) /� , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
EXCAVATION AND SPOIL DISPOSAL
1. In order to protect juvenile shrimp and finfish populations, no excavation or filling will
be permitted between April 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
2. Excavation shall not exceed 1 foot below the bottom elevations of the existing canals.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pemtittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31. 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
oger N. S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
R & Q Inc., Queen's Grant Development Permit # 29-96
Page 2 of 4
ADDITIONAL CONDITIONS
3. All excavated material shall be confined above the normal water level and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spillover of solids into any vegetated wetlands or surrounding waters.
4. The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the normal water level to prevent gully erosion and unnecessary siltation.
5. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters.
6. No vegetated wetlands will be excavated or filled.
7. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands is not authorized. J
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must be filed at least thirty (30) days prior to the
beginning of any land disturbing activity. This plan should be submitted
to the Department of Environment, Health and Natural Resources, Land
Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC
28405-3845.
NOTE: This project may create mosquito breeding habitat. For information
regarding appropriate mosquito control measures, the permittee may
contact the Public Health Pest Management Section at (919) 633-6407.
BULKHEAD CONSTRUCTION
8. The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at
any point along its alignment.
9. The bulkhead alignment must be staked by a representative of the Division of Coastal
Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the
shoreline by adverse weather conditions, will require the alignment to be re -staked by
DCM within a maximum of thirty (30) days prior to the new expected start of
construction.
10. The bulkhead must be constructed prior to any backfilling activities.
11. The bulkhead must be structurally tight so as to prevent seepage of backfill materials
through the structure.
R & Q Inc., Queen's Grant Development
Permit # 29-96
Page 3 of 4
12. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet
piles, or other suitable materials approved by Department personnel. No excavation is
permitted, except for that which may be required for the construction of the bulkhead
wall, deadmen cables, etc. This permit does not authorize any excavation waterward of
the approved alignment.
13. All backfill materials will be obtained from a highground source and confined landward
of the permitted bulkhead.
14. The fill material will be clean and free of any pollutants, except in trace quantities.
Metal products, organic material or unsightly debris will not be used.
15. A permanent ground cover sufficient to restrain erosion will be provided on all exposed
areas within 30 days following project completion.
GENERAL
16. No attempt will be made by the pennittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted
activity must not interfere with the public's right to free navigation on all navigable
waters of the United States.
17. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to
the authorized structure or work which may be caused from existing or future operations
undertaken by the United States in the public interest.
18. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats.
The permittee will not hold the United States liable for any such damage.
19. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are
not considered significant.
20. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the U.S. Army
Corps of Engineers, Wilmington District Engineer, who will initiate the required
State/Federal coordination.
R & Q Inc., Queen's Grant Development Permit # 29-96
Page 4 of 4
NOTE: The Division of Environmental Management has authorized the proposed
project under General Water Quality Certification No. 3025 (DEM Project
No. 951240), which was issued on 2/12/96.
NOTE: The U. S. Army Corps of Engineers has assigned the proposed project
COE Action ID No. 199602588.
Form DCM-MP-1
1. APPLICANT
a. Landowner:
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Topsn i 1 Rex c l.,
c. Street address or secondary road number
Name _� it d. Is proposed work within city limits or planning
jurisdiction? Yes No
Address .5,36 /.i.6FAr>n
e. Name of body of water nearest project (e g. river,
City ( )A r-6PLJ State n1C creek, sound, bay) %l�sR(l Sounn
Zip Day Phone 6!6 c9 33'35d'/�
Fax ('0110) c�1JJJ�
DESCRIPTION AND PLANNED USE
j OF PROPOSED PROJECT
b. Authorized Agent: OCT 31 1995
Name O-Arotlf _ nroy' 1 7 i1 { i:;NAOF
EMEI
Address t Lod 7J 03
City 1AJ;)MkC, State
Zip )M7> Day Phone (tyo)
763 - �C
Fax
c. Project name (if any) �nS O n)Ni-
N07£: Permit %W be issued in name of fmdowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County t�l=Nt� v-
Revised 03/95
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. I ,
'DrezSirl'j Aei5hbc)0'r O-V\ of el qr PeJ-/0/"5)
b. Is the proposed activity maintenance of an existing
project, new work, or both? ZoAn. 95r holk/ke,
rncaiA+en�, c, - 1'6r 'D�5;�5
c. Will the project be for public, private or commercial
use? FHti -4-
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
AMIA,. —
-Cew
13'V `t0rapo64 i'r 44C 4411h C141W
Jit2 �Oc� S�Nd U,c-�- 6� Ewa+eet�( oa
Form DCM-MP-I
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 964 UUO
b. Size of individual lot(s) WA
c. Approximate elevation of tract above NOW or
NWL N 4a-
in. Describe existing wastewater treatment facilities.
wc)nc
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Nont
d. Soil type(s) aqd texture(s) of tract "' 7R�7�aT�ecribesexisting drinking water supply source.
J�
Sr�nl„
e. Vegetation on tract - 4(1)55 1995
f. Man-made features now on tract fi1't MANAGEM
S. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land we plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned.by local government?
�Re_ i ,A n�tc&\
i. Is the propos roject consistent with the applicable
zoning? Yes No
(Attach zoning compliance certificate, if applicable)
j-
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
YesyL No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes —V—' No
1. Are there wetlands on the site? _ Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
In addition to the completed application form, the
following items must be submitted:
y• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained to the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
Name I certify that I am authorized to grant, and do in fact,
Address r b tea X —2 S97 to representatives of state and federal
Phone -��
-review agencies to eater on the aforementioned lands in
connection with evaluating information related to this
Name-TDA.✓ 4/1X- a permit application and follow-up monitoring of the
Address �I 1995project.
Phone BIL/IbIGN OF
Name COASTAL MANAGEf ftpher certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
This is the J ! day off, 19 2 S/
Print Name
Signature
toidowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
i/ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM W-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATIOP$�1010�1711
AND FILL IVI 311095
DIVISION
COASTAL MANAGEMENT
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in Feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabiliution)
Average Fival
Existing Project
Length Width Depth Depth
ki
5?r'.
El
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards A666 cL, vd5
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic wg5;ltion
(SAVs) or other wetlands? _ Yes V No
d. Highground excavation in cubic yards AL-ir.
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Lie/fi vim
b. Dimensions of disposal area `[CD �e 60D
c. Do yo claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Jkf Yes _ No
If yes, where? 4A.) tJNLicd6A/2 0 0
7�22e Az�
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes to
f. Does the disposal inclu a any area in the water?
Yes No U'��1��%I��3)
V
31 105 fill
3. SHORELINE STABILIZATION (marsh),
my ION OF
.,OASTAL MANAGEM"fs,
a. Type of -shoreline stabilization (1)
V Bulkhead Riprap
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
b. Length
c. Average distance waterward of MHW or NWL
3
d. Maximum distance waterward of MHW or NWL
2
e. Shoreline erosion during preceding 12 months
O
(Source of inform Lion)
f. Type of bulkhead or riprap material W 96O �N
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material S'/IoZ-)
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes _ — f o
Purpose of fill
material be placed in
SAVs or oth. eeetlands?
Yes No
Dimensions of fill area
(2) Purpose of fill
Ww"WMA1.11 /
coastal wetlands
a. How will excavated or fill material be kept on site
and erosion controlled? _
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
C.
Will wetlands be cr3ssed in transporting equipment
to project site? _
If yes, explain steps
environmental impacts
Yes t�No
that will be taken to lessen
Signature
/O—// —%�
Date
Revised 03/95
�z1N
E///7. LI
.91
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jp�///per
J..�/brJ�. yNff:sn&
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S/a u10' Tii. \?Ae Q
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1 L i
1995
y�o �JO,v+ Ge/ DL DIVISION OF
OOASTALMANAGEMENT
I II
F� 3OF
I LI
/jGaiE:Z IMP��>
�a
V
Permit Class
Permit Number
STATE
Department of Em
Natural Resources
and
Coastal;lkesodrees Commission
SY F
tt
X Major Development iit an Area of Envriorimental Concern
pursuant to NCGS
-
X Excavation and/or filling pursuant to NCGS 113-229
29-96
Issued to R & Q Inc., Queen's Grant Development, 536 Work Farm Rd., Warsaw, NC 28398
authorizing development in
Beach
Pender
County at
Topsail Sound adj. Highway 50 at Topsail
, as requested in the permittee's application dated 10/11/95 including attached
workplan drawings, 1 dated revised 1/3/96 and 1 dated received 10/31/95
This permit, issued on is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
EXCAVATION AND SPOIL DISPOSAL
In order to protect juvenile shrimp and finfish populations, no excavation or filling will
be permitted between April 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
2. Excavation shall not exceed 1 foot below the bottom elevations of the existing canals.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31. 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
r � _
oger . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
R & Q Inc., Queen's Grant Development Permit # 29-96
Page 2 of 4
ADDITIONAL CONDITIONS
3. All excavated material shall be confined above the normal water level and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spillover of solids into any vegetated wetlands or surrounding waters.
4. The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the normal water level to prevent gully erosion and unnecessary siltation.
5. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters.
6. No vegetated wetlands will be excavated or filled.
7. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands is not authorized.
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must be filed at least thirty (30) days prior to the
beginning of any land disturbing activity. This plan should be submitted
to the Department of Environment, Health and Natural Resources, Land
Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC
28405-3845.
NOTE: This project may create mosquito breeding habitat. For information
regarding appropriate mosquito control measures, the permittee may
contact the Public Health Pest Management Section at (919) 633-6407.
BULKHEAD CONSTRUCTION
8. The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at
any point along its alignment.
9. The bulkhead alignment must be staked by a representative of the Division of Coastal
Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the
shoreline by adverse weather conditions, will require the alignment to be re -staked by
DCM within a maximum of thirty (30) days prior to the new expected start of
construction.
10. The bulkhead must be constructed prior to any backfilling activities.
11. The bulkhead must be structurally tight so as to prevent seepage of backfill materials
through the structure.
R & Q Inc., Queen's Grant Development Permit # 29-96
Page 3 of 4
12. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet
piles, or other suitable materials approved by Department personnel. No excavation is
permitted, except for that which may be required for the construction of the bulkhead
wall, deadmen cables, etc. This permit does not authorize any excavation waterward of
the approved alignment.
13. All backfill materials will be obtained from a highground source and confined landward
of the permitted bulkhead.
14. The fill material will be clean and free of any pollutants, except in trace quantities.
Metal products, organic material or unsightly debris will not be used.
15. A permanent ground cover sufficient to restrain erosion will be provided on all exposed
areas within 30 days following project completion.
GENERAL
16. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted
activity must not interfere with the public's right to free navigation on all navigable
waters of the United States.
17. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to
the authorized structure or work which may be caused from existing or future operations
undertaken by the United States in the public interest.
18. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats.
The permittee will not hold the United States liable for any such damage.
19. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are
not considered significant.
20. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the U.S. Army
Corps of Engineers, Wilmington District Engineer, who will initiate the required
State/Federal coordination.
R & Q Inc., Queen's Grant Development Permit # 29-96
Page 4 of 4
NOTE: The Division of Environmental Management has authorized the proposed
project under General Water Quality Certification No. 3025 (DEM Project
No. 951240), which was issued on 2/12/96.
NOTE: The U. S. Army Corps of Engineers has assigned the proposed project
COE Action ID No. 199602588.
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
lalJSu i 1 Re-c.Lln
1. APPLICANT
a. Landowner:
Address �'�).36 &kl,S FArm 'Rd,
City (,1l} (-6RCAJ State 6C
c. Street address or secondary road number
d. Is proposed work within city limits or
e. Name of body of water nearest project (e g. river,
creek, sound, bay) Torasr+4 Sau;�
Zip .a:�S3q?r Day ?hone 40 0P33=3.
Fax ('41 - L(�5 �r
y 1 7 T DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent: OCT' 31 1995
/n�- t�Y� nI. l01N OF List all development activities you propose e
Name l.fift� (� 1 l 10.t�inL ���45'1's , ,. P Y P Po (•g•
?d�40EMEbuilding a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address lb Sox %O C Con51'rce.,)'/1Va M k�UhTjJ t' M.LTK, 6
City LAMIh State AL
Zip )M3, Day Phone (yle Gdo- M?fy
763 -WOO
Fax
c. Project name (if any) CI ', S a- ANi-
NOTE: Pemsit will be issued in Mme of kuu %er(s),-md/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County r-:Ao �(
"Dre j vv,� i1elSh3Ori J O'K"A f _r.,s per plans)
b. Is the proposed activity maintenance of an existing
project, new work, or both? 20A11. �r 3v11C1,c_
(ha?n irliG.nc c Qr 'Dns 5 /h5
c. Will the project be for public, private or commercial
use? PHUnti _
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. _
CR20.LlY/� !,Ylli/2i.✓� <'1�++� /5 /J7/�ir
be)� `jpsapo&4J -IC!' 44- oA,0)liln clenoc
iu AjorfL Cu.s pir/ /plans,
Revised 03/95
zs —f- �R�Et 1 Qr I�A�DEL- Ort2:tWC-7w5
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS n
a. Size of entire tract %, 000 fri i"f'
b. Size of individual lot(s)'
c. Approximate elevation of tract above MHW or
in. Describe existing wastewater treatment facilities.
lllcrne, .
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) No"_,
d. Soil type(s) a�d texture(s) of trac D 0 ��� escribe existing drinking water supply source.
e. Vegetation on tract ('ice n
MbIUN c)F
f. Man-made features now on tract Wk` kT6L MANAGEDi1
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (consuh the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Res PAej -fa
i. Is the propose
roject consistent with the applicable
zoning? Yes No
(Mach Zoning com Dance certificate, ifapplimb4)
j. Has a professional archaeological assessment been
done for the tract? Yes _� No
'If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? _ Yes _Z No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Arrach doeamenmdon, if available)
In addition to the completed application form, the
following'items must be submitted:
r• A copy of'the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by -11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
n.a..a nvoc
Form DCM-MP71
a
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERNMSION
TO ENTER ON LAND
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
--that they-have30-days-in-whichAo- submit -comments I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name
"Address
Phone
Name
Address
Phone
Name
Address
Phone
I certify that I am authorized to grant, and do in fact,
Jpermission to representatives of state and federal
agencies to enter on the aforementioned lands in
e ion with evaluating information related to this
application and follow-up monitoring of the
IA N OF
COASTAL MANAGEAf r4her certify that the information provided in this
application is truthful to the best of my knowledge.
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover -the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
This is the "_ day of 6_7, 19 g S/
Print Name x�e v,,�K
Signature t
LafaoMmer or Authorized Agent
Please indicate attachments pertaining to your proposed
project-
s/ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6- Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-NW-2
EXCAVATIOP
AND FILL IVI 311995
olvisioN
COASTAL MANAGEMENT
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all 1. EXCAVATION
�thesections-of_the-JointApplicatioa thatselateA skis
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
rt,
Length Width
Average Finat
Eristing Project
Depth Depth
raa`'
s�f `ems
a S'
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated S�,fj/_-:�
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic veg tion
(SAVs) or other wetlands? _ Yes _ No
d. Highground excavation in cubic yards A%OnL
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Lie/tiyi�
NEcu ada-izff
b. Dimensions of disposal area .—Z" �e 6co
c. Do yo claim title to disposal area?
Yes _ -:No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? JZYes _ No
If yes, where? ',4)A_J eJN'nzd4L�
r,a2e,t
Revised 03/95
Fo1rm'•DCM-M1P-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes l% T0
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
f. Does the disposal inclu a any area in the water?
Yes No D Tg(0TTI(.Vg 3)
OUT 31 105 fill
3. SHORELINE STABILIZATION (marsh),
niViRION OF
COASTAL MANAGEMMI$s,
Bulkhead Riprap
b. Length pow t —
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
2
e. Shoreline erosion during preceding 12 months
O
(Sourer of infonnabon)
f. Type of bulkhead or riprap material 11W dad v
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill-r/aZ.) Gu c S
h. Type of fill material S�lho0
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes _�Z No )
Purpose of fill
material be placed in coastal wetlands
SAVs or oth"elands?
_
Yes No
(2) Purpose of fill
5. GENERAL .
a. How will excavated or fill material be kept on site
and erosion congolled9.
Gd/,1-4
2 Corn .ic%
�A/4-L
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr3ssed in transpVmg equipment
to project site? Yes t/ No
If yes, explain steps that will be taken to lessen
environmental impacts.
Appcant or PrQl
ame. �_ n
Signature
/O—i/—
Date
Revised 03/95
L
s
3 OF 3
i
yiTL�; C/-C]lJ
L �1? 3 �lGo✓d'��.,���av 1
31 1995 ram r v
Po WIt- DIVISION OF
DI II
-,OAsTAL MANAGEMENT h
I
I I i II .eats -fin« i45�rv-l- 5 ,LdcaTErZ I'HPcf
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor March 6, 1996
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
R & Q, Inc.
Queen's Grant Development
536 Work Farm Road
Warsaw, NC 28398
Dear Sir:
IT
A&4
IDEHNR
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, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20)
days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work
initiation. The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must
be carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Very sincerely,
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 12, 1998
Regulatory Division
Action ID No. 199602588 and State Permit No. 26-96
R & Q Incorporated
536 Works Farm Road
Warsaw, North Carolina 28398
Dear Sirs:
Through coordination with the North Carolina Division of
Coastal Management, we have learned of your modification to use a
dragline operation to remove the dredge spoil. The original
Department of the Army permit issued on September 17, 1997,
authorized dredging material from non -vegetated shallow bottom
water, and replacement of a failing bulkhead and backfilling
approximately 3,330 square feet of open water, in two finger
canals off Topsail Sound, in the Queen's Grant condominium
complex, in Topsail Beach, Pender County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit
No. 198000291. The permit is hereby modified to include the use
of a dragline for work shown on the attached plan. It is
understood that all conditions of the original permit remain
applicable and that the expiration date is unchanged.
Questions or comments may be addressed to the undersigned at
telephone (910) 251-4636.
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Field Office
Enclosure
Copies Furnished (without encl):
Mr. John Parker
Nivision-of Coastal Management
orth Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. C. Robert Stroud, Jr., District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA 28402-1890
IN REPLY REFER TO September 17, 1997
Regulatory Branch
Action ID No. 199602588 and State Permit No. 29-96 R ECENED
EjF i :)-I
.7
R & Q Incorporated
536 Works Farm Road COASTAL MANAGEMENT
Warsaw, North Carolina 28398
Dear Sirs:
Reference your application for a Department of the Army permit to dredge
approximately 1,666 cubic yards of material from approximately 51,000 square
feet of non -vegetated shallow bottom water, and replace a failing bulkhead on
approximately 1,110 linear feet of shoreline, 3 feet waterward of the existing
bulkhead, backfilling approximately 3,330 square feet of open water, in two
finger canals off Topsail Sound, in the Queen's Grant condominium complex, in
Topsail Beach, Pender County, North Carolina. The proposed work will result in
impacts to approximately 1.25 acres of open water.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Regulatory
Branch, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished with enclosure:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
✓ Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516
Mr. C. Robert Stroud, Jr., District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
A
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- IV
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RI
A) APPLICANT: R & Q, Inc./Queen's Grant COUNTY: Pende FCFw —
LOCATION OF PROJECT: Highway 50, Topsail Beach, NC �� G ,��``��
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/31/95
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No < 9
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A
FIELD REPRESENTATIVE: Janet M. Russell DISTRICT OFFICE: Wilmington
fr3
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED i EIGH: FEE REC'D: $
<,
PUBLIC NOTICEU; REC'D: END OF NOTICE DATE: � - '
ADJ. RIP. PROP NOTICES REC'D: i" DEED REC'D:
zs�
APPLICATION ASSIGNED TO: ��go o ON:
C) 75 DAY DEADLINE:.2 -7�'/ 11/ i6 150 DAY DEADLINE:
MAIL OUT DATE: %� STATE DUE DATE: a"
,.
FEDERAL DUE DATE: — FED. COMMENTS REC'D:
DRAFT ON /- - ) E - 9C
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
Div. of Community Assistance
Land Quality Section
.Z
J
Div. of Env. Management
— 7 _ y L
State Property Office 1-4-111
1/
_�v. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
f - 3U -Gl�
Div. of Water Resources [ , e d
Nri�i 20 i�r�r-.r
Div. of Marine Fisheries
Recommendations for State Permit - QUEEN'S GRANT CONDOMINIUMS
The Wilmington Office has no objection to the proposed project so long as the following conditions are
placed on the permit and are adhered to:
1. In order to protect juvenile fish populations, no excavation or filling will be permitted between April
1 and September 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries.
2. The proposed bulkhead will not extend waterward more than 3' feet from the existing bulkhead
(mean high water) at any point along its alignment at the time of construction.
3. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet
piles, or other suitable materials approved by Department personnel.
4. The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
5. No marsh grass will be excavated or filled.
6. A permanent ground cover sufficient to restrain erosion will be provided on all exposed areas within
tiie shorter of 30 working or 120 calendar days after project completion.
^tata of North Carolina
-Department of Environment,
Haalth and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
vOB ECT.
Applicant:
Project Location:
Proposed Project:
[D F==
November 28, 1995
Zoe D. Bruner, District Planner
Division of Coastal Management
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review,
R & Q, Inc./Queen's Grunt Condominiums
Highway 50, Topsail Beach, NC in Pender County
'�RlZEINJ R
NOV 30 1995
µpNp6EMENj
RICE
NOV 30
The applicant is proposing to dredge F deep in two man-made canals, 1110 linear
feet of bulkhead replacement 3' waterward of the existing bulkhead.
Please indicate below your office's position or viewpoint on the proposed project and return this form
by December 20, 1995. If you have any questions regarding the proposed project, please contact Janet
Russell at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
1
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
� DATE
Drive Extension, Wilmington, N.C. 28405-38455 0 Telephone 910-395-3900 0 Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
[DFEE HNR
M E M O R A N D U M
TO: John R. Parker
Major Permits Processing Coordinator
FROM: Zoe D. Bruner, District Planner
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
DATE: November 29, 1995
This permit consistency opinion is based on my review of the R&Q
Incorporated, Queen's Grant permit application, the Field
Investigation Report (JM Russell, 11/28/95), and my understanding
and interpretation of the policies presented in the Town of Topsail
Beach Land Use Plan.
The applicant is applying to dredge one foot deep in two man-made
canals. Also being requested is 1110 linear feet of bulkhead
replacement, 3 feet waterward of the existing bulkhead. The
location and complete description of the project are in the Field
Investigation Report.
LAND USE CLASSIFICATION: Conservation/Developed (upland areas)
RELATED POLICIES AND IMPLEMENTATION MEASURES:
In general, permitted land uses in the coastal wetlands,
estuarine waters and public trust areas shall be those which
are water dependent. Examples of such uses may include:
utility easements, docks, wharfs, boat ramps, dredging,
...bulkheads... (p.38)
CONSISTENCY OPINION:
This project is
is not detrimental
physical/biological
requirements of 15A
cc: CR Stroud, Jr.
JM Russell
consistent with the Land Use Plan provided it
to public trust rights or overall estuarine
function. The project must meet all
NCAC 7H.
DUARrMW OF ENVIRONMEK
HEALTH. AND NATURAL RESOURCES
MEMORANDUM
FROM: Fritz Rohde
DATE: DECEMBER 13 1995
9 9L11 ►� :
Applicant
County
Attached is the response to the above application. If I can be of further assistance, please
let me know.
gm
/attachment(s)
_ State of North Carolina
Department of Environment,
Health and Natural Resources LTMR?FA
Wilmington Regional Office
Division of Coastal Management
Ad
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 28, 1995
MEMORANDUM:
TO: Mr. Bruce Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: R & Q, Inc./Queen's Grant Condominiums
Project Location: Highway 50, Topsail Beach, NC in Pender County
Proposed Project: The applicant is proposing to dredge 1' deep in two man-made canals, 1110 linear
feet of bulkhead replacement 3' waterward of the existing bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 20, 1995. If you have any questions regarding the proposed project, please contact Janet
Russell at extension 249. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE �-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
December 5, 1995
TO: John Parker
FROM: Fritz Rohde
SUBJECT: R&Q/Queen's Grant Condominiums
To avoid impacting the area during peak biological activity,
all dredging should be done before 1 April.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 23, 1996
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
A��
EDEHNR
RECEIVE®
F96 2 z 1996
DM @F MARINE FISHERIES
Major Permits Processing Coordinator. ��1LLll2i
SUBJECT: CAMA/Dredge and Fill Permit Application Review 1Q RfCEjVEp
(IFES 26 1596
APPLICANT: R & Q, Inc. ANABEP ENT
PROJECT LOCATION: Queen's Grant (Condominium Complex) le
PROPOSED PROJECT: To dredge 1' deep in two man-made canals.
Please indicate below your agency's position or findings on the proposed project as itrelatesto
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and infra -agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear .to be public trust conflicts that require additional
investigation. Approximately days additional review time is needed.
It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
�i✓�/f /f GRi/i✓ .YG cyN Y z2fzW
�f2 ,/�///✓G/G9Tia i /}�/s 7-*1gc7-r Add /Ncca p�/rc OQL o/f/Ni/en �oT
Signed Date
/%/L �/✓/N�l OGNO% 7' O.f.�T�PY LO/S - O006e- .vt AANO da•,.•
o.a /— eo0/'r •Z9 115; .-� /Je��J.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources -
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 19, 1996
_ MEMORANDUM
A&
E:)FEE HNIt'
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: R & Q Inc. (Queen's Grant Condominium Complex)
PROJECT LOCATION: Hwy. 50, Topsail Beach, Pender Co.
ROPOSED PROJECT: To dredge 2 canals and replace bulkhead.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by February 9, 1996. If you have any questions regarding the proposed project, please contact
John Parker at 733-2293. When appropriate, in-depth comments with supporting data are
requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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
f //'' attached comments.
Signed I�) W� Date t - Z U --`t
May 21, 1993
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 500krecycled/ 10% post -consumer paper
An adverse impact anticipated to result from the project is turbidity associated with
dredging. Elevated turbidity could reduce water quality and stress marine organisms in the area,
particularly during warm weather. Considering the ease of isolating this area, we will not request
a dredging moratorium for the canals or basin if a silt curtain/boom is positioned across the mouth
of the canal. The silt curtain/boom should be installed prior to dredging and remain in place for
72 hours after dredging is complete.
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: W William Wescott, Coastal Coordinator
Habitat Conservation Program
DATE: January 26, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Queen's Grant Condominium
Complex, Hwy. 50, Topsail Beach, Pender County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. In order to further assess
project impacts on fish and wildlife resources, an onsite inspection was conducted on January 25,
1996. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through I I3A-128), as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to increase the depth of the basin and two canals by one foot using
a hydraulic crane and hopper barge. The sand spoil will be placed on an upland site. Also
proposed is 1,110 linear feet of bulkhead replacement, 3 feet waterward of the existing bulkhead.
Waters at the site are classified as SA but are closed w shellfish harvest. a:kd to�
� arrdor�ir
fs,.M
kr fCle �rs�r.N
We appreciate the opportunity to review and comment on this project. If you need further
assistance or additional information, please contact William Wescott at (919) 927-4016.
`department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM.
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
November 28, 1995
Mr. Charles Gardner, Director
Division of Land Resources
John R. Parker
Major Permits Processing Coordinator
A w4�
74 J0 *
1
N�
CAMA/DREDGE & FILL Permit Application Review
: _.a whr nL*n yii yair,61l�iiIrs
Highway 50, Topsail Beach, NC in Pender County
Q�h
Proposed Project: The applicant is proposing to dredge 1' deep in two man-made canals, 1110 linear
feet of bulkhead replacement 3' waterward of the existing bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 20, 1995. If you have any questions regarding the proposed project, please contact Janet
Russell at extension 249. 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.
SEAimcJrA>o� jF/loSicJ60al7_,e&1_ ApJ eE06,JAA/D AGFL'ouA( f}QE K6001,2E[) &_Fo96 qq tJa(2,e aer',r%S
This agency objects to the project for reasons described in the attached comments.
r
SIGNED % - "�P DATE AID11 aO P955
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Kenneth Conrad
nc.
or s Farm Road
Warsaw, NC 28398
Dear Mr. Conrad:
\ 1FAA
.w
ID FEE F1
January 26, 1996
Pender County
DEM Project # 951240
You have our approval to dredge in 51,000 square feet of waters for the purpose of deepening
man made canals and replacing a bulkhead at Hwy 501, Topsail Beach (Queen's Grants), as you
described in your application dated 30 November 1995 . After reviewing your application, we have
decided that this fill is covered by General Water Quality Certificaticl%k"5.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal,.state or local permits before you go ahead with your
project.
If you do not accept aAy of the conditions of this certification, you may aSk for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina, General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
Oki
Pr n Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr, John Dorney
Central Files
JQ6Warker; DCM i
951240.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/1 0% post consumer paper
FEE 1E• '% 10:,1341
. ✓Depart Department North Environment,i
na
% Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonat n-B ktost Sdcret tr
Roger SCti6Ctpvfror,bir,6&or--
r"E5 t;
January 19, 1996
DiU. Of h`;`,RUf a Pr ,' fii vit;
W- MORANDUM
TO: Ms. Linda Sewall
Director
Division of Environmental Health
A F*
�EHNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: m. R & Q Incorporated (Queen's Grant Condo Complex)
PROJECT LOCATION: Hwy. 50, Topsail Beach,,Pender Co.
PROPOSED PROJECT: To dredge 2 canals and replace bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 9, 1996. If you have any questions regarding the proposed protect,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project
+'
This agency approves of the project, only if the re�pf�rtte:uiCd
Chan es are incorporated. See attached. &fir �u..
`1/0 alsq ' /, -A5 eoxeu,e-t aA�W� - a�c�.�a
Thi;, agency objects to the project for reasons described m ti}e
attached comments.
Signed �/�,qZZ Date
P.G Box 27687 - ev..' Norf r'a el r a - `-7687
Ar P:..d G�Pc,'uni'. H rr cr „� _ gyp' �: nr `w".%racycad, V4- C s _ar;.rmar DCaar
State of North Carolina
Department of Environment,
Health and Natural Resources '-
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 19, 1996
MEMORANDUM
A&
E:)EHNR
TO: Ms Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: R & Q, Inc. (Queen's Grant Condominium Complex)
PROJECT LOCATION: Hwy. 50, Topsail Beach, Pender Co.
PROPOSED PROJECT: To dredge 2 canals and replace bulkhead.
� � �
RECEivEO
FEB 15 1996
ti;tSi t
MAdIA EMEMT
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 9, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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.
66
Signed Date y
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
r 06��A.lr
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
February 13, 1996
MEMORANDUM
TO: John R. Parker Jr., Chief
Major Permits Processing Section
Division of Coastal Management , DEHNR
Colonel Robert J. Sperberg, District Engineer
Army Corps of Engineers, Wilmingtgn District
%r I�'
FROM: David Brook
rlc Deputy State is oreservation Officer
SUBJECT: R*& Q, Inc. (Queen's Grant Condominium
Complex), Hwy. 50, Topsail Beach, Pender County,
dredge two canals and replace bulkhead, ER 96-
8174
We have reviewed the permit application for the above project.
Division of Archives and History
Jeffrey J. Crow, Director
The "shell of an old missile building noted in the project description is the U.S.
Naval Ordnance Testing Facility Observation Tower #2. This tower was listed in
the National Register of Historic Places on September 14, 1993 (copy of certificate
enclosed). We have determined the tower is not within the project's area of
potential effect.
There are no known archaeological sites within the proposed project area. Based
on our present knowledge of the area, it is unlikely that any archaeological
resources which may be eligible for inclusion in the National Register of Historic
Places will be affected by the project construction.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill -Earley, environmental
review coordinator, at 919/733-4763.
DB:slw
Enclosure
cc: Richard Kimmel
109 East Jones Street • Raleigh, North Carolina 27601-2807 g�3
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
I PWA
0 A& ;tAi
IDFEE HNR
November 28, 1995 "
MEMORANDUM: p O
1
E�' EVE 5
TO: Mr. William A. McNeil, Director R 5 I99
Division of Community Assistance
FROM: John R. Parker
Major Permits Processing Coordinator <
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: R & Q, Inc./Queen's Grant Condominiums
Project Location: Highway 50, Topsail Beach, NC in Pender County
Proposed Project: The applicant is proposing to dredge F deep in two man-made canals, 1110 linear
feet of bulkhead replacement 3' waterward of the existing bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 20, 1995. If you have any questions regarding the proposed project, please contact Janet
Russell at extension 249. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
'This 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.
GNED DATE 4�
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 19, 1995
MEMORANDUM
I DFE
JAN 2 3 1995
m ----
TO: Mr. La R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
DIVISION OF WHWAYS
HYDRAULICS UNIT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: R & Q, Inc. (Queen's Grant Condominium Complex)
PROJECT LOCATION: Hwy. 50, Topsail Beach, Pender Co.
PROPOSED PROJECT: To dredge 2 canals and replace bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 9, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are requested.
REPLY This agency has no objection to the project as proposed.
/ This agency has no comment on the proposed project.
Signed
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
:s to the project for reasons described in the
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
E) FEE HNF=1
January 19, 1996 9€�t �jj t3 es
�as� a �j e
Z09"Ar
MEMORANDUM JAfN 23 1996
_--
TO: Wr. To 1�tt Sut�Tierland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr. !
Major Permits Processing Coordinator 11
SUBJECT: CAMA/DREDGE & FILL Permit Application Review REvEg�96
t:EB�Qp�IAi
APPLICANT: lip.& Q, .bw. (Queen's Grant Condominium Complex) d' MRNIIGE�ENS
PROJECT LOCATION: Hwy. 50, Topsail Beach, Pender Co.. i
PROPOSED PROJECT: To dredge 2 canals and replace bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 9, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are requested.
REPLY This agency has no objection to the project as proposed.
X, This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed
Date f b
P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Telephone 919-733-2293 FAX 919-733-1495
50%recycled/ 10%post-consumer paper
of North Carolina
tment of Environment,
ea th and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 28, 1995
MEMORANDUM:
TO: Jon Briggs, LPO
Town of Topsail Beach
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: R & Q, Inc./Queen's Grant Condominiums
Project Location: Highway 50, Topsail Beach, NC in Pender County
Proposed Project: The applicant is proposing to dredge 1' deep in two man-made canals, 1110 linear
feet of bulkhead replacement 3' waterward of the existing bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 20, 1995. If you have any questions regarding the proposed project, please contact Janet
Russell at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: ZThis agency has no objection to the project as proposed.
SIGNED
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.
DATE / hS
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
,
DMslon of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
RECEivEO N
FEB' 281996
1
COMIALIpL
MANAGEMENT
FE F1
January 19, 1996
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
CO
N
Al 19H
Received
P.P dY omee
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: R & Q, Inc. (Queen's Grant Condominium Complex)
PROJECT LOCATION: Hwy. 50, Topsail Beach, Pender Co.
PROPOSED PROJECT: To dredge 2 canals and replace bulkhead.
6s
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 9, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 50'
P.O. BOX 1890
W ILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
January 17, 1996
Regulatory Branch
Action ID No. 199602588
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of R&Q IncorgMEMMMilpfor a Department of the
Army permit to dredge approximately 1,666 cubic yards of material from
approximately 51,000 square feet of non -vegetated shallow bottom water, and
replace a failing bulkhead on approximately 1,110 linear feet of shoreline,
3 feet waterward of the existing bulkhead, backfilling approximately 3,330
square feet of open water, in two finger canals off Topsail Sound, in the
Queen's Grant condominium complex, in Topsail Beach, Pender County, North
Carolina. The proposed work will result in impacts to approximately 1.25 acres
of open water.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
All work authorized by this permit must be performed in strict
compliance with the permit plans.
The bulkhead will not be positioned farther waterward than 3 feet from
the existing bulkhead at any point along its alignment.
All excavated materials will be confined landward of the mean high water
(MHW) elevation contour and any regularly or irregularly flooded vegetated
wetlands within adequate dikes or other retaining structures to prevent
spillover of solids into any vegetated wetlands or surrounding waters.
If there is any flow from the diked retention area, it will be confined
by pipe, trough, or similar device to a point at or below the mean low water
(MLW) elevation contour to prevent gully erosion and siltation.
No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
No vegetated wetlands will be excavated or filled.
Excavation will not exceed 1 feet below the present elevation of the
existing canals, which are 4 feet and 8 feet deep, mean low water (MLW).
Pm4ee w ® Recyded Paw
The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest.
No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
It is possible that the authorized structure may be damaged by wavewash
from passing vessels. The issuance of this permit does not relieve the
permittee from taking all proper steps to ensure the integrity of the
permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
If the permittee discovers any previously unknown historic or
archeological remains while accomplishing the authorized work, he will
immediately notify the Wilmington District Engineer who will initiate the
required State/Federal coordination.
If possible, under applicable law, the permittee will incorporate this
permit as part of the documents reflecting title to or interest in the real
property affected.
This Department of the Army permit does not obviate the need to obtain
other Federal, State, or local authorizations required by law.
This permit does not grant any property rights or exclusive privileges.
, This permit does not authorize interference with any existing or
proposed Federal project.
In issuing this permit, the Federal Government does not assume any
liability for:
a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of
current or future Federal activities initiated on behalf of the general
public.
c. Damages to other permitted or unpermitted activities or structures
caused by the authorized activity.
d. Design and construction deficiencies associated with the permitted
work.
e. Damage claims associated with any future modification, suspension,
or revocation of this permit.
Approval of the structure was based on determination that there would be
no obstruction to navigation. Under conditions existing in the Atlantic
Intracoastal Waterway (AIWW), a possibility exists that the structure may be
damaged by wave wash from passing vessels. Unreasonable slowing down of
vessel traffic cannot be required because it would tend to nullify the
navigational benefits on which the AIWW was justified. Issuance of this
permit should not be construed as relieving the permittee of taking proper
steps to insure the structure and moored boats will not be damaged by wave
wash normally to be expected in the AIWW.
DREDGING:
The work authorized herein includes periodic maintenance which may be
performed for ten years from the date of issuance of this permit provided:
a. The permittee will advise the District Engineer in writing at least
two weeks before he intends to undertake any maintenance dredging.
b. The proposed area to be dredged, method of dredging and disposal of
dredged material will be in strict accordance with that authorized by this
permit.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
G. Wayne Wright
chief, Regulatory Branch
3
Copies Furnished:
Mr. Sohn Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries service
Pivers Island _
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region 1V
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY nAFEaro December 18, 1995
Regulatory Branch
Action ID No. 199602588
R and Q Incorporated
536 Works Farm Road
Warsaw, North Carolina 28398
Dear Sirs:
On February 11, 1991, we renewed general permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received November 30, 1995, for Department
of the Army authorization to replace 1,110 linear feet of bulkhead and dredge
two finger canals off Topsail Sound, in the Queen's Grant condominium complex,
off N.C. Highway 50 in Topsail Beach, Pender County, North Carolina, indicates
it to be a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. if
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MCA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
!PZ
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by January 10, 1996. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to section 401 of the
Clean Water,Act.
Your application, pursuant to Section 10 of the River and Harbor Act and
section 404 of the Clean Water Act, has been assigned Action ID No. 199602588
and will be coordinated by Mr. Jeff Richter in our Wilmington Field Office.
Mr. Richter may be contacted at telephone (910) 251-4636.
Sincerely,
Ernest Jahnke
Manager
Wilmington Regulatory Field office
Enclosure
-3-
Copies Furnished (without enclosure):
Y/-Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment,. Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region Iv
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud
Office Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890WILMINGTON, NORTH CAROROLINA 28402-1890
IN REPLY REFER TO
December 18, 1995
Regulatory Branch
Action ID No. 199602588
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of R and Q, Incorporated for Department of
the Army authorization and a State Water Quality Certification to dredge
approximately 1,666 cubic yards of material from approximately 51,000 square
feet of non -vegetated shallow bottom open water, and replace a failing
bulkhead on approximately 1,110 linear feet of shoreline, 3 feet waterward of
the existing bulkhead, backfilling approximately 3,330 square feet of open
water, in two finger canals off Topsail Sound, in the Queen's Grant
condominium complex, in Topsail Beach, Pender County, North Carolina. The
proposed work will result in impacts to approximately 1.25 acres of open
water. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by February 4, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
copies Furnished (without enclosure):
.Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-19W
Regulatory Branch
Action ID. Applicant `� Clnc� Q 1nC
Waterway "10}�Sa' County .Ln Type Work 17ted�'"5 Iklcu�
cc p 1qc-c,..o..t
Mr. Larry Hardy
Nacional Marine
Service, NOAA
?ivers Island
Beaufort, North
Fisheries
Carolina 23516
Ms. L. K. (`like) Ganct
Fish and 1dildlife Enhancement
U.S. Fish and fJildlife Service
Fosc Office Box 33726
Raleigh, North Carolina 27636-3726
Hr. Thomas Welborn, Chief
Wetlands Regulatory Seccion-Region IV
Weclands, Oceans and Wacersheds Branch
U.S. Environmencal ?rocection Agency
345 CourcLand Street
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh.
North Carolina 27611-7687
l
f (-. 1]Ob-'3+70uri
Lj,,1mH1Q4OJl Regional Office
Division of Coastal Management
North Carolina Department of
Environmenc, Health and
Nacur Resources
11 ,%.1 a c-cln�te+a
D.,S k05 - 3845
?ursuanc to Action ID No. L98000291, the CAMA-Corps general permic/processing
agreement, a Scace Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciaced on or before
^ �a� S lg�G�(o \
Questions or comments diay be addressed to
Regulatory Branch, M If-000n Field Office, telephone atG) 151 - L�6310 .
Sincerely,
e Wrigh
Chi , Regulac Branch
Enclosure
-State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
February 19, 1996
R & Q Inc.
536 Work Farm Rd.
Warsaw, NC 28398
Dear Sirs:
C)EHNR
This letter is with reference to your application for a Coastal Area Management Act Major
Development Permit to carry out dredging and bulkheading at your property adjacent to Topsail
Sound in Pender County. Although processing of the application is nearing completion,
additional time is needed for this office to complete the review and make a decision on your
request. Therefore, it is necessary that the standard review time be extended. An additional 75
days is provided by G.S. 113A-122(c) which would make May 3,1996 the new deadline for
reaching a decision on your request. However, we expect to take action prior to that time and
will do so as soon as possible. In the interim, if you have any question on the status of your
application, do not hesitate to contact this office at (919) 733-2293.
Sincerely,
Doug Huggettt
Assistant Major Permits Coordinator
cc: Janet Russell, DCM-Wilmington
DCM-Morehead City
Carolina Marine Construction
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment, MAI
Health and Natural Resources &4JA
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E PI
Roger N. Schecter, Director
January 5, 1996
Carolina Marine Construction
P.O. Box 7303
Wilmington, N.C. 28398
Dear Sirs:
The Division of Environmental Management hereby acknowledges receipt of the required
plat work concerning the proposed development of your property located at the Queens Grant
condominium complex, Topsail Beach, in Pender County. This information was received by this
office on this date, and is sufficient to allow for renewal of the processing of your application for a
Coastal Area Management Act (CAMA) permit. The projected deadline for making a decision is
now February 18, 1996.
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.
A field report has been prepared and is in the process of being circulated to the various
state and federal review agencies for their comments. If additional information is required based
on this review, the Division or other agencies may contact you directly. Please feel free to contact
me at (919) 733-2293 if you have any questions concerning this matter.
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: R&Q Inc.
DCM-Morehead City
DCM-Wilmington
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Doug Huggett
DCM Major Permits
FROM: Janet M. Russell
DCM/Wihnington 4at
ILP
,&lr
IDFEE HNR
SUBJECT: QUEEN'S GRANT MAJOR PERMIT APPLICATION
Topsail Beach, Pender County
DATE: January 4, 1996
Doug, enclosed is a copy of the revised drawing for the bulkhead replacement and dredging of the man-
made canals at the Queen's Grant Condominium Project in Topsail Beach. Please let me know if there
is anything else you need.
Also, if/when the permit is issued, could it state on the permit that the action being authorized is
replacement of 1100 linear feet of bulkhead reglaeemeaE, 3' waterward of the old, failing bulkhead and
maintenance dredging of the two man-made canals? I am still having contractors call me and ask what
exactly has been permitted. I know from our telephone conversation of this date that you probably are
not allowed to do this per Preston's guidance.
Thank you for all your help with these permits.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
December 1, 1995
Carolina Marine Construction
P.O. Box 7303
Wilmington, N.C. 28398
Dear Sirs:
&T4
*A
[DEHNFlat
Please reference your Coastal Area Management Act (CAMA) permit application on
behalf of R & Q Incorporated requesting authorization for proposed development of property
located at the Queens Grant condominium complex, Topsail Beach, in Pender County. The
application was accepted by the Division as complete on October 31, 1995. However, after
further review of your application package, it has been determined that additional information is
required to adequately review your proposed development. Specifically, the following items are
requested:
1) Detailed water depth information for both canals, as well as the adjacent open water
habitat, is required. Ideally, soundings should be taken along a transect beginning at the
landward edge of the canals and extending well into Topsail Sound. Depths should be
recorded every 50 feet. The location and depth of each sounding should be clearly
indicated on a plan (top -view) drawing.
2) The top -view drawings provided with the application package do not clearly depict the
boundaries of the proposed dredge and spoil disposal limits. These areas should be
outlined in dark ink and cross -hatched. The Division must have these drawings copied
and distributed to several review agencies, so clarity is essential.
Consequently, in accordance with NCAC T115A:077.0204(d), processing of your
application must be terminated until such time as the requested information is supplied to this
office. As required by T15A:077.0204(d), during the pendency of any termination of
processing, the permit processing period will not run. The permit processing period will resume
upon acceptance by this office of the requested information. If you have any questions
concerning this matter, please feel free to contact me at (919) 733-2293, P.O. Box 27687,
Raleigh, NC 27611.
Sincerely,
a,*
Doug uggett
Assistant Major Permits Coordinator
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
cc: R&Q Inc.
Janet Russell - DCM-Elizabeth City
DCM-Morehead City
Department of Environment,
Health and Natural Resources, ..
Wilmington Regional Office
Division of Coastal Management m-a
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 28, 1995
R & Q INCORPORATED
536 Works Farm Road
Warsaw, NC 28398
Dear Sirs:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval
for dredging and bulkhead replacement at Queen's Grant, Highway 50 in Topsail Beach. It was
received on October 31, 1995, and appears to be adequate for processing at this time. The projected
deadline for making a decision is January 13, 1996. An additional 75-day review period is provided
by law when such time is necessary to complete the review. If you have not been notified of a final
action by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
Queen's Grant site. You should post this notice at a conspicuous point on the property where it can be
observed from Highway 50. An example would be: Nailing the notice card to a telephone pole or stake
along the road right-of-way fronting your property. Failure to post this notice could result in an
incomplete application. A field report has been prepared and is in the process of being circulated to
the various state and federal review agencies for their comments. If additional information is required
based on this review, the agencies may contact you directly.
( Sincerely, rn
Janet M. Russell 1
Field Representative
Enclosure
cc: John Parker
Bob Stroud
Jon Briggs, LPO
Mickey Sugg, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
1^a/IsSTLL'"
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':;t,g�vi' �';7v1'dG'EWEL11
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E.C. THOMPSON, III, P.C. -
. LAW OFFICES
POST OFFICE BOX 901. 114 WEST HILL STREET '
WARSAW. NORTH CAROUNA.28398-0901
FILED 10 (.,• 5 i; ' 6 6
PREPARED BY: E. C. THOMPSON, III, P.C., ATTORNEY AT LAW, WARSAW,
NORTH CP4WA 9 Ili, 10 54
THE ATTOJ L-P12EPARING.THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR
TITLE E T R .dF T1iE.PROPERTY HEREIN DESCRIBED UNLESS THE SAME
IS SHOWN HtnS)`'W1iITTENAND SIGNED CE
PENDER IJC+JIiI N.C. �7� O
NORTH CAROLINA �+
C)- 40 wARRAN�l TDaED1995
�` D W 4S I Of�l-CG r
PENDER COUNTY COASTAbeANAGEMENT
THIS DEED, made and entered into this 3 day of May, A.D.
1995, by and between ISLAND DEVELOPMENT CORPORATION, a North'
CaroliA Corporation, formerly known as Island Mortgage Investors,
Inc., successor by merger to the former Island Development
Corporation and renamed as Island Development Corporation pursuant
to Articles of Merger effective February 21, 1990, party of the
first part, to I &=Q,7,'='INCORPORATED, a corporation duly organized
and existing under and by virtue of the laws of the State of North
Carolina, with its principal office and place of business located
at 526 Works Farm Road,. Warsaw, Duplin County, North Carolina,
party of the second part;
WITNESSETH:
That the said party of the first part for and in consideration
of the sum of One Hundred Dollars ($100.00) and other good and
valuable considerations to it in hand paid, the receipt of which is
hereby acknowledged, has bargained and sold and by these presents
does grant, bargain, sell and convey unto the said parties of the
second part and their heirs and assigns, a certain tract or parcel
of land lying and being in Topsail Township, Pender County, No
Carolina, and being more particularly described as follows:
DRAFTED BY:
' p�ec3• E.C. THOMPSON, 111, P.C.
Rchl�a.cr ' 2ty LAW OFFICES
L
P®nder CO y POST OFFICE BOX 901 114 WEST HILL STREET WARSAW, NORTH CAROLINA 28398-0901
TELEPHONE(910)29 312 Fm (910)293-7171
G4�
y
Ytl
Being all of Tract A and Tract B, ItC�1�d. Pier Lot
as set forth on that certain map entitled "Boundary Survey of
Queens Grant,,, as surveyed by Charles F. Riggs & Associates, Inc.,
located in Topsail Township, Pender County, North Carolina, and
recorded in Pender County Book of Maps 29, Page 119 on the 31st day
of March, 1995.
TO HAVE AND TO HOLD the aforesaid tracts or parcels of
and all privileges and appurtenances thereunto belonging to
second part, its successors and assigns forever.
And the said party of the first part does covenant that it is
seized of said premises in fee and it has the right to convey the
same in fee simple; that the same are free and clear from all
encumbrances and that it will warrant and defend the said title tc
the same against the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the said corporation has caused this
instrument to be, signed in its Corporate name by its President,
sealed with its corporate seal and attested by its Secretary, all
pursuant to authority of its Board of Directors, the day and year
first above written.
by:
CORPORATE SEAL
ISLAND DEVELOPMENT
W.
,
,a J. 1'9 J.':
"VIM
G ald H.�
Quinn, Secretary Z3
..I..,, OCT 31 1995
DIVISION OF
�pORA>FG` r COASTAL MANAGEMENT
DRAFTED BY:
"- E.C. THOMPSON, 111, P.C.
LAW OFFICES
POST OFFICE BOX 901 114 WEST HILL STREET WARSAW, NORTH CAROLINA 2639,S-OS01
TELEPHONE (910) 293n, . ........... ---
a
NORTH CAROLINA ��` I �' rG ? 6
DUPLIN COUNTY
I, o a Notary Public of Duplin
County, rth Ca olina, do hereby certify. that Gerald H. Quinn,
personalV appeared before me this day and acknowledged that he is
Secretary of ISLAND DEVELOPMENT -CORPORATION, the corporation named
herein, and by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its corporate
name by its President, sealed with its corporate seal, and attested
Witness my hand and notarial seal, this day of May,
otary Public
Expires:
North Carolina - Pender Connty
The foregoing (or annexed) certificate of
74 1(
is certified to be correct.
This_ --'/—day of�, A.D. 1991L.
JOYCE M." &jrUE€;OGO — Register of Deeds
By:
Deputy Assis� Register of. Zeeds .
r0 3311�1,riz
OCT 31 19S5 I J
DIVI� i tir
COASTAL MANAGEMENT
DRAFTED BY:
E.C. THOMPSON, III, P.C. -
LAW OFFICES
POST OFFICE BOX 901 114 WEST HILL STREET WARSAW, NORTH CAROLINA 283990901
TELEPHONE (910) 29 31 Y FAX (910) 293-7171
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