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HomeMy WebLinkAbout124-96 Island Development GroupPermit Number 124-96 STATE OF NORTH CAROLINA Department of Environment; Health & Natural Resources and Coastal Resources Commission for, X Major Development in an Area of Environmental Concern pursuant toNCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Island Development Group, Inc., P. O Box 949, Conway, SC 29526 authorizing development in Onslow County at Alligator Bay. Norman's Cr - Macon Cr.. off SR 1568, N. Topsail Beach , as requested in the permittee's application dated 4/30/96 including. attached workplan drawings for "Cape Island" sheets 2 & 3 of 10 dated 2/22/96 & sheet 10 of 10 dated 3/1/96. This permit, issued on ffPl 4M 16, 1996 , 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. Project Completion and Wastewater Treatment 1) (a) Inasmuch as North Topsail Water and Sewer was authorized by the Division of Water Quality (DWQ) on May 3, 1996 to provide domestic wastewater service for 24 three bedroom homes in Cape Island Subdivision, this CAMA permit authorizes residential development on 24 of the proposed 61 units until such time that further allocation of sewer connections is approved by DWQ. (b) This CAMA permit must be amended to reflect further sewer connections beyond 24. Contact the Division of Coastal Management (DCM) at 910/395-3900. attached sheets for Additional This pennit 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. Roger . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Island Development Group, Inc. ADDITIONAL CONDITIONS Permit #124-96 Page 2 of 5 (c) CAMA Minor Permits are required from the Town for each of the 24 residential units. Additional issuance of Minor Permits must be in strict compliance with items 1(a) and l(b) of this condition. Archaeological Resource Protection 2) The permittee shall undertake and complete the Scope of Work outlined in the Garrow & Associates, Inc., Cape Island Agreement covered by an August 2, 1996 letter from Attorney Gary K. Joyner; and, prior to any construction activities other than the road work and the associated installation of utilities, carry out the Phase III Work fieldwork defined in the agreement. Stormwater Management and Sedimentation Control 3) The Division of Water Quality issued Low Density Subdivision Storaiwater Permit No. SW8960319 on May 9, 1996 for this project. Any violation of the SWMP will be considered a violation of this CAMA permit. 4) The "Earthen Berm" described in the application must remain in place and managed in perpetuity. Such berm must be maintained in a continuous, unbroken line around the perimeter of the island and not be breached by site preparation or individual lot owners during the life of the project. The full intent of this condition must become a part of the restrictive covenants on all deeds for the proposed 61 lots, and an example of such covenant be submitted to the Division of Coastal Management prior to construction. NOTE: The Division of Water Quality approved certain aspects of the project under General Water Quality Certification No. 3025. Such Certification contains important environmental safeguards which must be closely adhered to throughout the life of the project. Wetland Protection 5) Deed restrictions shall be placed on all lots with remaining jurisdictional wetlands to prevent future fill. Additionally, the restrictive covenants will state that Nationwide Permits shall not be available or applied for from the U.S. Army Corps of Engineers nor will any state authorization be available for wetland fill. An example of this covenant shall be submitted to the Division of Coastal Management prior to construction. 6) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters other than the material placed within the footprint of the road crossing. Island Development Group, Inc. Permit #124-96 Page 3 of 5 ADDITIONAL CONDITIONS NOTE: The Division of Land Quality has approved a Sedimentation and Erosion Control Plan for this project. In order to protect the high quality water surrounding the site, the Plan must be closely adhered to, especially during early construction stages. 7) In order to protect water quality, runoff from construction must not visually increase the amount of suspended sediments in adjacent waters. Boat Access Area Development and Community Pier 8) The proposed boatramp and piers on either side of the ramp will extend no more than 1/3 of the way across the Norman's Creek or a maximum distance of 25' waterward of mean high water. 9) Wet cement in contact with water is toxic to aquatic organisms; therefore, the cement slabs for the boatramp shall be poured on an upland site and pushed into place once hardened. 10) The authorized structures and associated activity must not cause an unacceptable interference with navigation. 11) This permit authorizes only the pier, and boatramp, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may be installed without permit modification. No non - water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 12) No sewage, whether treated or untreated, shall be discharged at any time from boats using the ramp facility. Any sewage discharge at the boatramp facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 13) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. Beach Access Parking 14) (a) In accordance with 15A NCAC 71-1.0308(a), no seawall or riprap revetments will be allowed in the future should any portion of the beach access parking lot or entrance road into the subdivision become threatened from erosion. (b) The proposed beach access parking lot, walkways, dune crossovers, and other areas requiring lights shall be illuminated with light fixtures located close to the ground to minimize casting direct light on the beach and dunes. (This is to protect hatching loggerhead sea turtles.) Island Development Group, Inc. ADDITIONAL CONDITIONS Bulkheading and Riprap Installation Permit #124-96 Page 4 of 5 15) The alignment of the proposed bulkhead must be staked by a field representative of the Division of Coastal Management within a maximum of thirty days prior to the start of construction. ' Failure to initiate construction within thirty days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by the Division just prior to construction. 16) The bulkhead must be constructed prior to any backfilling activities. 17) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 18) 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, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 19) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. The fill material will be clean and free of any pollutants, except in trace quantities. 20) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 21) No marsh grass will be excavated and/or filled for the bulkhead and riprap installation. Work In Highway Right -Of -Way 22) Work involving the SR1568 right-of-way must be reviewed and approved through the D.O.T. District Office in New Bern. General 23) The authorization of piers constructed by lot owners will be considered under the Division of Coastal Management's General Permit program. No authorization will be available for more than two (2) slips at each pier. Exemptions for individual piers are expressly prohibited at the Cape Island Subdivision and will not be available from Local Permit Officers (LPO's). This special management of piers is due to the high quality water and potential for cumulative adverse impacts must also be written into the restrictive deed covenants for each lot, and an example of such covenant shall be submitted to the Division of Coastal Management. Island Development Group, Inc. ADDITIONAL CONDITIONS Permit #124-96 Page 5 of 5 24) 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 at 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. 25) The permittee or their agent shall request to meet with a representative of the Division of Coastal Management prior to project initiation. Form DCM-MP-I APPLICATION (To be completed by all applicants) town, community or landmark 1. APPLICANT j j� North Topsail Beach I41A 71996 Jfeet address or secondary road number NCSR 1568 a. 17 Landowner: DIVISION OF COASTAL MANAGEVE�lproposed Name Island Development Group. Inc. jurisdiction? Address P. 0. Box 949 City Conway State South Carolina Zip 29526 Day Phone (803) 248-4332 Fax (803) 248-5104 .1 Authorized Agent: Name Parker & Associates. Inc. Gordon R. McAdams, P.E. Address P. 0. Box 976 City Jacksonville State North Carolina Zip 28541 Day Phone (910) 455-2414 Fax (910) 455-3441 c. Project name (if any) Cape Tcl and NOT£.• Pern l *0 be isjwd in name of /ordo r(s), and/or project bme. 2. LOCATION OF PROPOSED PROJECT a. County Onslow work within city limits or planning x Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Norman's Creek, Mason Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Streets, water mains and sewer mains, community pier, and boat ramp with bulkhead. b. Is the proposed activity maintenance of an existing project, new work, or both? New work. c. Will the project be for public, private or commercial use? Private. 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. Construction operations to build Revised 03/95 .. Form DCM-MP-1 1, in. Describe existing wastewater treatment facilities. 4. LAND AND WATER11 North Topsail Water and Sewer Central CHARACTERISTICS MAY 0 7 1996 -System along NCSR 1568 ION OF CGASTAI_ MANA a. Size of entire tract 49.0 f Acres cribs location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individuallot(s) 20,066 S.F.Minimum Lot wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Surface Runoff of Stormwater NWL, 0 to 7 ft. above mean sea level d. Soiltype(s) and texture(s) of tract e. Vegetation on tract Live Oaks, Cedar Trees , and Small Pines f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach Zoning cotpliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X 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 X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other X If yes, has a delineation been conducted? X (Attach documentation, if available) o. Describe existing drinking water supply source. Onslow County Central Water Main along NCSR 1568 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims tide 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 8 112" by 11" white paper. (Refer to Coastal Resources Commission Rule 7.1.0203 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 Form DCM-MP-I -1TuTr77 77TT� site. Include highway or secondary "d—(* numbers, landmarks, and the like., 6. CERTIFICATION AND PERMISSION MAY 0 7 1991bENTER ON LAND • A Stormwater Certification, if one is necessarbIVISION OF • A list of the names and complete addresseAs ofAtheMANA�Qrsactd 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 have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed activity complies with the State on the proposed project to the Division of Coastal North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Prroo gram and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name Carolina Telephone and Telegram, I certify that I am authorized to grant, and do in fact, Address 122 East James Street: Tarboro.NC 27886grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Sea Dunes Village Corp.' permit application and follow-up monitoring of the Address 1200 North Federal Hwy. Boca Raton FL project, Phone N0,7 3(001 33432 I further certify that the information provided in this Name Villa Capriani Homeowners Association application is truthful to the best of my knowledge. Address 1 North Tops il Shores; Sneads Ferry NC Phone I 910) 3,p8' -1(700 28460 This is the 30 day of AMIL- , 19 1 6. • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Cordon R. McAdams, P.E. permittee, and issuing dates. Signature f /V E KWAulho.ized Agent • 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. Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development _L 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 03195 Form DCNI-MP-2 EXCAVATION R7CJZ117ZD AND FILL MAY 0 7 1996 DIVISION OF (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Del" Depth 15' 1 12' 2.5'+/- 2.5'+/- S � COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? NIA Yes _ No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? _ Yes If yes, where? be available for future No Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area 500' x 20' x 1' (Average) (3) Purpose of fill Construct Cape Lane b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? x `, No Tf yes a. Type of shoreline stabilization (1) Dimensions of fill area x Bulkhead Riprap MAY 0 7 199 b. Length 110' DIVISION OF Purpose of fill ALMANAGEME c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHV or NWL 0 e. Shoreline erosion during preceding 12 months 0 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt Fences (source ofinformarion) Parker & Associates Survey and Visual Observation. f. Type of bulkhead or riprap material ' Treated wood. b. g. Amount of fill in cubic yards to be placed below water level ; (1) Riprap mono (2) Bulkhead backfill None It. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? x Yes No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, Motor Grader c. Will wetlands be cr: ssed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Silt Fences paralleling Road Crossing. Cape Tsland Applicant or Project Name Signature Gordon R. McAdams, P.E. - Agent 4130 A Date Reviled 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area 500' x 20' x 1' (Average) (3) Purpose of fill Construct Cape Lane b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? n� tf ,es IRE a. Type of shoreline stabilization I I In (1) ensions of fill area X Bulkhead Riprap MAY 0 7 199 X No () Purpose of fill b. Length 110, DIVISION OF c ALMANAGEME c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHV or NWL e. Shoreline erosion during preceding 12 months 0 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt Fences (source of information) Parker & Associates Survey and Visual Observation. f. Type of bulkhead or riprap material Treated Wood. b. g. Amount of fill in cubic yards to be placed below water level : (1) Riprap Nnna (2) Bulkhead backfill None h. Type of fill material N/A i. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?. Backhoe, Motor Grader c. Will wetlands be cr3ssed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Silt Fences paralleling Road Crossing. AppReant or Project Name QCAape Ts�l/and,y, Signature Gordon R. McAdams, P.E. - Agent 4)JoAL Date Revised 03195 Form I)CDt-Nll'-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to joint Application for CAMA Major h. Permit, Form DCM-MP-I. Be sure to complete all other sections of the joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Community pier and boat ramp; Homes to be constructed by individual i, lot owners. b. Number of lots or parcels 61 .1 c. Density (give the number of residential units and the units per acre) 61 Residential units. 1.24 Units/ Acre d. Size of area to be graded, filled 'or disturbed including roads, ditches, etc. 7.0 Acres e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted March 14, 1996 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt roads; gravel access to pump station and boat ramp Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 6.1% for roads and recreation areas to be built by developer R20=11 MAY 0 7 1996 DIVISION OF COASTAL MANAGEMENT Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted March 14, 1996 Describe proposed method of sewage disposal. Central sewer to be connected to North Topsail Water & Sewer Corp. System j. Have the facilities described in Item i. above received state or local approval? pending (Aanch appropnae documentafion) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). surface runoff Describe proposed drinking water supply source (e.swell, communit7, public system, etc.) nslow County ater System in. Will water be impounded? If yes, how many acres? - Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Cape Tsland Applicant or Project Name ,( Signature �jordo R. McAdams, P.E. - Agent t} / 1a 7q (" Date Revised 03/95 Form DCM-NIP4 11713 STRUCTURES i ,,, 0 ,,,,D (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial X Community _ Private (2) Number 1 (3) Length 100, (4) Width 6' (5) Finger Piers —Yes x No (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes No (i) Number 1 (ii) Length 10 feet (iii) Width 10 feet (7) Number of slips proposed None (8) Proximity of structure to adjacent riparian property lines 950 feet +/- to closest line (9) Width of water body > 300 feet (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands DIVISION OF COASTAL MANAGEMENT e. Mooring buoys N/A (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boadift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length N/A (4) Width g. Other (Give coigkte description) Cape Island Applicant or Project Name Signature Gordon R. McAdams - Agent i I Jo It(. Date Revised 03/95 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 15, 1996 Regulatory Branch Action ID No. 199603660 and State Permit No. 124-96 Island Development Group, inc. Post Office Box 949 Conway, South Carolina 29526 Dear Sirs: Reference your application for a Department of the Army permit to develop a 61-lot residential subdivision, involving the placement of fill in about 0.17 acres of vegetated and non -vegetated wetlands and shading approximately 700 square feet of water for a pier, in Norman's and Mason Creeks, on Stump Sound, at the Cape Island subdivision, across from Villa Capriani, in North Topsail Beach, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the 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, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure WC221996 t5i+t'� ,r 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 Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner 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. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 'RACT ;ail Beach Ef)' -13 10 ;r -- Pf, r----.�., FF 7 O6dq� 57.94' . In �'• • _ 60 70 Cn a (. N Q1 � N so • R. 1568 R//t Ir—S62'35'4 12 8.17' --*N6 2947 I 2D' DUdcA rn Win w w. 'I�= A NN N "'ENCROA:N .:m gp' o m N 60 9 m�5 4'50" E E. J 'A � 10 N oN 4I A J 190' CAMA SETBACK 9.4510" W J NISI O mO O l O IT S MONUMENT ASHE-2" ACK SIGHT — 2000 FEET) OP OF DUNE) N 29'44'16" 238.79' u \O --Parr>F9F^.tER D COMMON DRIVE S 29'45'10" E 95.13' O ECM c64.86' ZONE A4 :lam 6 (EL. 8) N y�b MONITORING WELL 70 m y I.21'. oa^ ZONE A4 (El. 10) o 0 A ZONE V12 (EL 12) ZONE V12 �`,' ,a• MONITORING WELL (EL 14) N FIRST LINE OF VEGETATION ZONE V12 AUGUST 1994 (EL, 16) `APPROX. MEAN HIGH WATER LINE S 60'15'20" W 187.01" 10' PUBLIC BEACH ACCESS EASEMENT WITH WALK APPROXIMATE WYNDY DUNESSUBDIVISION LOW TIDE MARK -•. •. .. .. -- Q, Seine devalnncr4 by Tclnnd nn..ol.,... --- !•�,..._ r__ i4 pc: J Memorandum Page 2 October 9, 1996 I direct your attention to condition numbers 4, 5 and 6. If, upon reviewing the attached permit you have questions or thoughts on this action, please let me know. I:ii . 1TMIi[1 _4 A' WETLANDS LINE �--I J 20' WETLANDS LINE \ I — ..PLANDS — I / I( - WETLANDS - I I - WETLANDS- N. C. S. 1568 6 p' Raw A - EXHIBIT MAP IS INTENDED TO RO Y•'J ilOe. A CLEARER PICTURE OF THE D RE_ATiGNSHIP OF THE WETLANDS TO =='E LANE AT THE PROJECT ENTRANCE. • MAY 0 7 1996 DIVISION OF EXHIBIT MAP COASTAL MANAGEMENT MAJOR CAi" fA PERMIT GAPE ICJ. LAND FIELD BOOK: N/A DISK NAME: ACAD 259E j SCALE: I =40' FILENAME: CI_EMCP.DWG KHW ------ ---- _ JOB NO.: 1636B Parker & Associates, Inc. Consulting Engineers P.O. Bay 976 Land Surveyors - Land Planners J&ckmuvillt. North Candima 20"1-ei76 Pndw (910) /66-2414 - hs (010) 466-0N1 State of North Carolina Department of Environment, ,Health and Natural Resources 4 4 a Division of Coastal Management woo"a James B. Hunt, Jr., Governor -EL Jonathan B. Howes, Secretary E)E H N FR Roger N. Schecter, Director MEMORANDUM TO: Bruce FrekSub FROM: Roger Sch SUBJECT: Cape Islaion, Alligator Bay in Onslow County DATE: October 9, 1996 On September 16 my staff took final action on a request by the Island Development Group, Inc. of Conway, S. C. and issued the required CAMA and dredge and fill permit authorizing the subject 61 lot subdivision. I wanted to brief you personally on this matter because of your Division's position on the development as proposed. The project was reviewed jointly with the Corps of Engineers. The federal review was favorable as was that of several state agencies. The Wildlife Resources Commission and the Division of Environmental Health expressed concerns, and your staff submitted the primary objection to the proposal. This position is well understood and we share your concerns. Our statue requires me to make specific "findings" before a permit can be denied. Findings are of a factual nature and we must be prepared to support and defend those findings when an applicant appeals a denial. General observations, such as "will have a negative impact", without supporting documentation do not meet the test required in making a finding sufficient for denial. When a project can be modified by specific conditions to address areas of concern, the permit should be issued with those conditions. In an effort to respond to your concerns and others in the review group and uphold this Division's responsibilities, this permit was drafted to contain some innovative conditions as well as strong standard conditions. Wetlands protection, berm maintenance in perpetuity and an attempt at pier proliferation management are a few of the special provisions. Additionally, a storm water management permit, and 401 Certification requirements by DWQ, sedimentation plan from DLR and COE monitoring on wetlands protection are directed toward protecting the ORW. P.O. Box 27687, ��FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �C An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 • 0 Division of Coastal Management James B. Hunt, Jr., Governor � R A� Jonathan B. Howes, Secretary 1:3 E H N R Roger N. Schecter, Director September 17, 1996 Island Development Group, Inc. P. O. Box 949 Conway, SC 29526 Dear Sir 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, Jo R. Parker, r. Major Permits Processing Co rdinator JRP.jr/amw Enclosure • P.O. Box 27687, JWr. FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NI� C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 � 50% recycled/l0% 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 September 17, 1996 Ms. Tracey M. DeBow 194 Fannie Creek Lane Sneads Ferry, NC 28460 Dear Ms. DeBow: ti..r IDEHNFR This will respond to your September 4 letter to Janet Russell of the Division's Wilmington office concerning the proposed Cape Island Subdivision. Because it is the policy of this Division to notify interested parties of the final action on an application, this also is to inform you that a permit has been issued for the development. A copy of the permit is enclosed for your review. I call your attention to the numerous conditions that will help safeguard water quality, wetland and help prevent other environmental impacts. Should there be any question on the Division's action in this matter, do not hesitate to contact this office. Very sincerely, John .Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: Janet Russell Enclosure P.O. Box 27687. N VAC FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N An Equal Opportunity/Affirmative Action Employer Voice 919-733-229350% recycled/10% post -consumer paper I ar/C.e,V 194 Fannie Creek Lane Sneads Ferry, NC 28460 August 27, 1996 DENHR< ATTN: Ms. Russell AUG 2 7 1996 ........................... Dear Ms. Russell, I protest the approval of the Application for Building in the case of Project: Cape Island Subdivision because the applicants propose to place too many residential units on and adjacent to Areas if Environmental Concern without adequate protection of/ consideration for public trust wetlands and waterways. As yoiA noted in your investigation, if this project is approved there is good likelihood of severe stress on wildlife habitat, shellfish survival, water quality for fishery nurseries. The project has the potential for 35-40 private docks, each causing disturbance to both wetlands and setuaries. The de4velopers should protect their shorelines by outlawing such destruction within their corporate limits before you approve their plan. No adequate plan was submitted for stormwater runoff. While this is intended to be a "low -density" development the Project has not accounted for short- and long- term runoff from building/ construction disturbances or the addition of 61 residences on 49 acres of ephemeral barrier island. In good faith, the project should include adequate stormwater drainage detention ponds and plans to control runoff associated with disturbing the entire tract during construction. Also should be included plans to control runoff associated with the increased public utilization of the "community pier", boat launch and potential boating activities. The boat ramp and catwalk- encroaching on defined wetlands- will result in longterm degradation of Norman's Creek. An environmental impact study should be performed to address the long-term impact of this part of the project. I concur thyat the developer should submit plans for sedimentation/erosion control devices before approval of this application as siltation from upstream will quickly be diverted due to this construction; impacting nurseries and shellfish beds at the creek's mouth and beyond. This land was classified by North Topsail Beach for CONSERVATION of AEC, allowing LIMITED transition ONLY. I believe the applicants must take more care in conserving the Outstanding Resources than shown in their application before approval. The project should NOT be approved without WRITTEN DOCUMENTATION from the North Water and Sewer Company GUARANTEEING acceptable sewage management for every residential.unit` approved- and ONLY for the lots which can be fully supported by the sewer, `ECEAG company. -I AUG 281996 ',� MANAGEMENT Retaining walls and riprap placement should be set back sufficiently landward to allow for the 3 foot per year erosion as indicated. Without these added measures being guaranteed the application should be disapproved in my estimation. Please forward my comments to appropriate authorities. Thank you for your support in this effort. Sincerely, AUG 2 7 1996 4Traceyy M. eBow .................... � O c N �' 1 N Cyr C•S.R FP R/W 562'35'4 w ' 564'37'07"W 29.13 16pCb —R� .64 „- - 0644 r 57.94' 60.79 64'3PK 30.49'17" f 12 18.17' 677 '1¢"E 71.02 _ 84.33 " 1 20' DU&A w �I I 10 ESMT .. W N j o N62'39'S5 w I ,. cAn Tn i . N is 31_23_ , Ocean Acce s ,I�� Un u N� cN ^� Parking 11 to 0rn .I . Area rn5 gP m N 60 4-50" E 16' m ho END COMMON DRIVE P Isl n TENCROACHMENT 5FQ .::5: ( gg S 29'4510" E 30, g 64.86' ECM 95.13' NDU&A in O ZONE A4 E. _ N (ET_ a) �� MONITORING WELL ma 90' CAMA SETBACK J I IU o 0 0 0 0 O mO m O m O rn 28.21' o°'y ZONE A4 o (EL 10) 29'45'10" W NIS O 177.58' p ti u ZONE VI (EL 12) N. E-333.96' ^'o ;o ZONE V12 ANDONED) MONITORING WELL (EL 14) S. MONUMENT ^' 'ASHE-2" BACK SIGHT !o -.106 FIRST LINE OF VEGETATION 2000 FEET) ZONE V12 TOP OF DUNE) + 0° �� AUGUST 1994 (EL 18) 'ry o00 N 29'44'16" W q 238.79' 6.03�n \—APPROX. MEAN HIGH WATER LINE S 60'15'20" W 187.01' 10' PUBLIC BEACH ACCESS EASEMENT WITH WALK APPROXIMATE WYNDY DUNES SUBDIVISION LOW TIDE MARK Being developed by Island Development Group, Inc. PFR D R 1194_ PG. i 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Island Development Group PROJECT NAME: CAPE ISLAND SUBDIVISION 2. LOCATION OF PROJECT SITE: Highway 1568, North Topsail Beach, NC Photo Index - 19951 28-374 GR Q, 9-14 1989: 4 167 12 N,O, 14-21 State Plane Coordinates - X: 2 481 000 Y: 278 000 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 15, 1996 Was Applicant Present - Agent Was Present 5. PROCESSING PROCEDURE: Application Received - May 7, 1996 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town Of North Topsail Beach Land Classification From LUP - Limited Transition/Conservation AEC (B) AEC(s) Involved: PT, ES (ORW), EW (C) Water Dependent: NO (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None Planned - (Pending - North Topsail Water & Sewer) (F) Type of Structures: Existing - None Planned - Streets, Utilities, Community Pier & Boat Ramp, Oceanfront Parking (G) Estimated Annual Rate of Erosion: 3 Feet/Year Source - Erosion Rate Maps 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) 7.0 Acres High Ground (B) Coastal Wetlands and 180 Sq. Ft. Non -Vegetated Wetlands Boat Ramp Federal Wetlands .16 Acres (C) Public Trust Waters Shaded 700 Sq. Ft. (D) Total Area Disturbed: 7.0 Acres (E) Primary Nursery Area: Yes (F) Water Classification: SA ORW Open: Yes 8. PROJECT SUMMARY: The applicants propose a 61-lot residential subdivision with amenities. Streets, utility installation and amenities would be covered under this permit. CAPE ISLAND SUBDIVISION Page 2 9. PROJECT DESCRIPTION The proposed Cape Island Subdivision is located within the jurisdictional boundaries of the Town Of North Topsail Beach, off of Highway 1568 in Onslow County. The property is located across the Highway from Villa Capriani. The property borders water on three sides, Mason Creek, Alligator Bay, and Norman's Creek. The consulting engineer has indicated on the application that there is 49.0 acres of land in the tract. The tract is composed of high ground, federal wetlands and coastal wetlands. There are no existing, structures on the property. A total of 61 residential lots are proposed in the subdivision. The permit being applied for would authorize street construction, utility installation, an ocean access parking area, a community boat ramp, pier and bulkhead. The Division of Environmental Management has classified the surrounding waters as SA Outstanding Resource Water (ORW). The Coastal Management Area Of Environmental Concern extends 575 feet from mean high water landward into the property on the estuarine side. The Division of Marine F;.sheries has designated the surrounding water as Primary Nursery Area and the Shellfish Sanitation Section has determined that this area is open to the taking of shellfish. A small portion of the proposed project falls within Coastal Management's Ocean Hazard Area Of Environmental Concern. In this area the erosion rate is an average of 3 feet per year as determined by the erosion rate maps of 1986. The area is classified as Limited Transition by the Town Of North Topsail Beach's Land Use Plan. The applicant's consultants have submitted plans for a 61-lot residential subdivision. The minimum lot size is 20,000 square feet. Sheet 2 of 10 of the project plans shows the building envelope overlay plan. Each lot is buildable without filling federal or coastal wetlands. The applicants have applied for and been granted a Nationwide 14 Permit for a road crossing from the U. S. Army Corps of Engineers. The area of the proposed fill is at the access road leading into the site off of Highway 1568. The permit that has been issued is for 0.16 acres of jurisdictional federal wetlands. An enlarged drawing of this area is included with the permit package. Consistency with the Coastal Area Management Act will be decided through this permitting process and is required prior to the commencement of any fill activity. The proposed project has undergone stormwater review by the Division of Environmental Management and been approved as a low -density development. Retaining walls are proposed along portions of the entrance road as indicated on the Grading plans. The purpose of these retaining walls is to keep fill material from spilling over into the wetlands. A 110 foot long bulkhead is proposed along the estuarine shoreline at the boat ramp/recreation area. The exact location of this bulkhead will be staked by Coastal Management staff prior to construction. The feature �= y 4;, w be landward of all wetlands/above mean high water. Rip -rap is proposed at the base of the bulkhead. The riprap'will also be landward of all wetlands. The proposed community boat ramp, 15 feet long by 12 feet wide, would have a 3 foot wide wooden walkway on each side to facilitate boat access. This structure will be located in a recreation area between lots 50 and 51, at the end of Sailview Drive. It will enter into the waters of Norman's Creek. A small coastal marsh fringe of Spartina alterniflora exists in the general vicinity of the proposed ramp. Some portion of the Spartina marsh would be filled to install this ramp. However, the exact amount appears to be less than the 180 square feet that we have calculated as "impacted". Sheet 10 of 10 shows the specifics on the boatiamp, 3' catwalks, and bulkhead. Our recommendation is for the boatramp and catwalk not to exceed 1/3 the width of Norman's Creek (25' waterward of the bulkhead) so as to allow for navigation. CAPE ISLAND SUBDIVISION Page 3 The applicants also propose a community pier that would be located within a 10 foot wide public access easement between lots 32 and 33. This pier is proposed to be approximately 100 feet long by 6 feet wide. An additional 50 foot section would be called a "walkway" and would span across wetlands landward the mean high water mark. This pier would extend into the waters of Alligator Bay. At the waterward end of the pier a 10 by 10 covered dock is planned (referred to on the plans as a gazebo). This "community" pier was requested or required by the Town Of North Topsail Beach as an estuarine public access spot. Anyone would be able to use it for fishing, crabbing, etc. Use would not be restricted to residents of the subdivision (theoretically). There are no boat slips being proposed in conjunction with, this pier, although it would be impossible to prevent someone from tying a boat to the support pilings. The length of the proposed pier, 100 feet, seems to be an arbitrary choice, with nothing perceptible gained between 50 and 100 feet. Recommendations regarding this structure and future permitting of individual piers, docks, boathouses and ramps on lots with water access are made under the "Anticipated Impacts" and "Recommendations" section of this report. Sailview Drive and Cape Lane will be private streets maintained by the home owner's association. There are approximately 3,000 linear feet of street proposed at 50-60 feet wide (average) plus shoulders and medians in some areas. Utilities to be installed include water and sewer. The water will be provided by Onslow County. The sewer service approval is pending. North Topsail Water & Sewer, a private company, provides sewer service to this area, but their facility is at capacity. At the time of this writing, it is our understanding that sewer capacity for 24 lots has been granted to the developer for this subdivision. The proposed ocean front parking area will be approximately 100' by 200' in size. It will provide parking for the residents of Cape Island. An existing dune crossover/beach access for the Wyndy Dunes Subdivision will be shared with the Cape Island Residents. A xerox copy of the Wyndy Dunes plan is included with the permit package. This plans indicates that the proposed ocean access parking area is well landward of the 90' CAMA Oceanfront Setback for this area. There are no frontal or primary dunes in the area where the parking is planned. The Town Of North Topsail Beach Land Use Plan provides a map from the National Register of Historic Places. That map designates this property as a recorded archaeological site which means that this area has high probability for containing significant archaeological remains. Historically significant land is sometimes characterized by extensive concentrations of discarded shells or shell midden found at the site. The North Carolina Division of Archives and History will be asked to comment on this development plan and provide recommendations for preservation of historically significant artifacts. 10. ANTICIPATED IMPACTS Potential impacts associated with this project include fill of federal and coastal wetlands, shading of wetlands and public trust waters, increased runoff caused by installation of impervious surfaces and associated stresses on wildlife habitat created by increased human activity. Sedimentation/erosion control devices will be needed in order to avoid siltation and inadvertent filling caused by the proposed land disturbances. Potential impacts to an archeological resource should be thoroughly evaluated by the appropriate authority and follow-up made accordingly. The Division supports their recommendations. CAPE ISLAND SUBDIVISION Page 4 The Cape Island project has 61 lots with a potential for 35-40 private piers, docks and boathouses plus the community pier and dock -should it be authorized under this permit. Since no apparent use is gained by making this community pier 100' long, it will be this writer's recommendation that the structure be shortened to 50'. As the rules are currently written, potential boat slips number at least 160, plus a small number that could'tie up to the community dock. A marked increase in runoff, boating use and construction in the water may result in negative water quality impacts. The developer of this subdivision, Island Development Group, Ins. has no plans to restrict the individual lot owners from building piers, docks, ramps, boathouses, etc. Currently, the Division allows each lot waterfront owner to build a pier, a 500 square foot dock, a 500 square foot boathouse, a boatramp, and maintain mooring slips for four boats.. However, based on the exceptional quality of the surrounding waters, my recommendation is for minimization of size and type of structures and number of boats moored in the public trust areas surrounding this development. Anticipated impacts to the oceanfront ecosystem from the proposed parking area should be minimal. Janet M. Russell/ June $ 1996/ Wilmington Form DCM-MP-1 a. APPLICATION (To be completed by all applicants) (r'T ,11 aea town, community or landmark rth To sail Beach 1. APPLICANT 7 1996 address or secondary road number NCSR 1568 Landowner: DIVISION OF COASTAL MANAGEPEVI Proposed Name Island Development Group. Inc. jurisdiction? Address P. 0. Box 949 City Conway State South Carolina Zip 29526 Day Phone (803) 248-4332 Fax (803) 248-5104 I b. Authorized Agent: Name Parker & Associates. Inc. Gordon R. McAdams, P.E. Address P. 0. Box 976 City Jacksonville State North Carolina Zip 28541 Day Phone (910) 455-2414 Fax (910) 455-3441 c. Project name (if any) Cara Tal and N07E: Permit %Q be issued in name of lando r(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Onslow work within city limits or planning X yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Norman's Creek, Mason Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Streets, water mains and sewer mains, community pier, and boat ramp with bulkhead. b. Is the proposed activity maintenance of an existing project, new work, or both? New work. c. Will the project be for public, private or commercial use? Private. 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. Construction operations to build - Revised 03/95 Form DCM-MP-1 Vm. � e existing wastewater treatment facilities. 4. LAND AND WATER INb th Topsail Water and Sewer Central CHARACTERISTICS MAY 0 7 1996 1__ jstem along NCSR 1568 fl,MTSION OF a. Size of entire tract 49.0 f Acres of MANA(jF1\S9&ibe Iodation and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 20,066 S.F.Minimum Lot wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Surface Runoff of Stormwater NWL 0 to 7 ft. above mean sea level d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract Live Oaks, Cedar Trees , and Small Pines f. Man-made features now on tract _1 None g. What is the CAMA Land Use Plan land classification of the site? (Conaah the local land we plat.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? CU-R8 L Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j• s Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X _ No Are there wetlands on the site? X Yes —No Coastal (marsh) X Other X If yes, has a delineation been conducted? X (Aaach documentation, if available) o. Describe existing drinking water supply source. Onslow County Central Water Main along NCSR 1568 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to -scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 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 Form DCM-MP-1 site. Include highway or seconda numbers, landmarks, and the like. 6. C ry I� IFICATION AND PERMISSION MAY 0 7 199E NTER ON LAND • A Stormwater Certification, if one is necessarb,VISION • A list of the names and complete address, OAof theMANA�WQ=Td 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 have 30 days in which to 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 Carolina Telephone and TeLgrsph I certify that I am authorized to grant, and do in fact, Address 122 East James Street, Tarboro.NC 27886grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Sea Dunes Village corn'.' permit application and follow-up monitoring of the Address 1200 North Federal Hwy. Boca Raton FL project. Phone NO'I 36, S— .3(_,o f 33432 Name �iiia Capriani Homeowners AsI further certify that the information provided in this soc; ation application is truthful to the best of my knowledge. Address 1 North Topsail Shores; Sneads Ferry NC Phone 910) 39 9 — l grD(,) 28460 • 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 ,r. : (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 30 day of AeAXL , i9' 6. Print Name Gordon R. McAdams, P.E. Signature /A EdGrMi2fib"?CAurhorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development �l DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM W-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. ooa.oa nvoc Form DCM-MP 2 EXCAVATION 27�w������, AND FILL " (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 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) Fi Average nal Eristing Project Length Width Delih Depth 15' 12' 2.5'+/- 2.5'+/- MAY 0 7 1=0 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? N/A Yes ._ No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED rvumm4L N/A a. Location of disposal area b. Dimensions of disposal area c. Do you 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? _ Yes No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area 500' x 20' x 1' (Average) (3) Purpose of fill Construct Cape Lane b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? �T7- q:NNo x U a. Type of shoreline stabilization (I) J ensions of fill area x Bulkhead Riprap I��J MAY 0 7 199 ( ) Purpose of fill b. Length 110, DIVISION OF UU AL EN I c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 0 e. Shoreline erosion during preceding 12 months 0 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt Fences (Source of information) Parker & Associates Survey and Visual Observation. f. Type of bulkhead or riprap material Treated Wood. b. g. Amount of fill in cubic yards to be placed below water level ; (1) Riprap nnrp (2) Bulkhead backfill None h. Type of fill material Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? x Yes No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, Motor Grader c. Will wetlands be cr; ssed in transporting equipment to project site? x Yes No If yes, explain steps that will be taken to lessen environmental impacts. Silt Fences paralleling Road Crossing. Cane Tsland Applicant or Project Name Signature Gordon R. McAdams, P.E. — Agent 41.70 AG Date Revised 03/95 'Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area 500' x 20' x 1' (Average) (3) Purpose of fill Construct Cape Lane b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? �r� x V �'.�n r_H� r� No U tf y , a. Type of shoreline stabilization I I In (1) ensions of fill area X Bulkhead Riprap r - MAY 0 7 199 () Purpose of fill b. Length 110' DIVISION OF AL 1v1ANAGE11iE i c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHV or NWL e. Shoreline erosion during preceding 12 months 0 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt Fences (Source ofinyor don) Parker & Associates Survey and Visual Observation. f. Type of bulkhead or riprap material ' Treated Wood. b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap min. (2) Bulkhead backfill Non h. Type of fill material _4 Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?_ Backhoe, Motor Grader c. Will wetlands be cr,ssed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Silt Fences paralleling Road Crossing. Cape Tsland Applicpant�2or Project Name / ` V Signature Gordon R. McAdams, P.E. — Agent 4 ) Jo A Date Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this .proposed project. a. Type and number of buildings, facilities, units or structures proposed Community pier and boat ramp; Homes to be constructed by individual lot owners. b. Number of lots or parcels 61 c. Density (give the number of residential units and the units per acre) 61 Residential units. 1.24 Units/ Acre d. Size of area to be graded, filled 'or disturbed including roads, ditches, etc. 7.0 Acres e. if the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No amIf yes, date submitted March 14, 1996 y/ f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt roads; gravel access to pump - station and boat ramp g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an. Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 6.1% for roads and recreation areas to be built by developer RECF'IVh�� DIVISION OF COASTAL MANAGEMENT It. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review?, X - Yes No If yes, date submitted March 14, 1996 i. Describe proposed method of sewage disposal. Central sewer to be connected to North Topsail Water & Sewer Corp. System j. Have the facilities described in Item I. above received state or local approval? pending (Anach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). surface runoff Describe proposed drinking water supply source (e.. well, community, public system, etc.) nslow County ater System m. Will water be impounded? If yes, how many acres? _ _ Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Cape Island Applicant or Project Name t•A- /t . /A i6/ Signature Gordon R. McAdams, P.E. - Agent ?. , L Date Revised 03/95 Cq N C. ,4 4 6+0 /,r W, S62.35'4 --__ FP 29.13 16 �. '37'07"W r�'' �~ M.B.L Oop� IDp —2.64' V.. _- _ P" 06d/1 •. 57.94' " 60.79' 64'39'17" PK " H` 12 I 8.17' 30.45 N67'S '10"E 84.33 f I. . cn 29 n7 4 \ N 70.89' -=^► . N 20' DU&A K• ESM7 I• w �I �� m I 10 �� m N62'39'S5"\_ 31_23_ I' y W I 4. • Ocean Acce Parking s N L O :� IO 'OO 7 O Area . 11 rn m 00 END COMMON DRIVE S.8P' ^ N 60 4'S0" E 16' m c Cape Isl n T ENCROACHMENT 65.00 50.00 S 29'45' 10" E 30, 5 O 64.86' 95.13' ECM ;3 n D E& ° n N O ZONE A4 JLn QJj Nb 0� (EL 8) ^' I m N N� °� N�'_ co �Itn O^ ID MONITORING WELL o 90' CAMA SETBACK N o o oh `29'45'10" 1 O II mO 2 m O m 4 O3 ^ 28.21' m �h ZONE A4 — o (EL 10) W NIS N 00 .177.58' ' N h ZONE V12 (0. 12) 136 E-333.96' 40 ZONE V12 ryh ANDO) ry' MONITORING WELL (EL 14) I ry .5. MONUMENT Ln tASHE-2" BACK SIGHT N L4 LA 1� 11 FIRST LINE OF VEGETATION ZONE V12 N 2000 FEET) TOP OF DUNE) � m • �� AUGUST 1994 (EL 16) ry Oh -. .ry Op N 29'44'16" W r� 238.79' 6.03' rs no' APPROX. MEAN HIGH WATER LINE S 60'15'20" W 187.01" 10' PUBLIC BEACH ' ACCESS EASEMENT WITH WALK APPROXIMATE WYNDY DUNES SUBDIVISION LOW 710E MARK Being eve ope y s and Development Group, Inc. Form DCM-MP4 STRUCTURES MAY , 1996IC) (Construction within Public Trust Areas) DIVISION OF COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial X Community _ Private (2) Number (3) Length 1001 (4) Width of water body (4) Width 61 (5) Distance buoy(s) to be placed beyond (5) Finger Piers —Yes X No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial _Community _ Private (6) Platform(s) X Yes _ No (2) Number (i) Number 1 (3) Length N/A (ii) Length 10 feet (4) Width (iii) Width 10 feet (7) Number of slips proposed None g. Other (Give coWkle deraipffon) (8) Proximity of structure to adjacent riparian property lines 950 feet +/- to closest line (9) Width of water body > 300 feet (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length Cape Island (3) Width AppGrant or Projectr y s` ,Groin (e.g. wood, sheetpile, etc.) N/A Signature Gordon R. McAdams - Agent (1) Number if 130 /q.t, (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 Prepared t-y: MURCHISON, TAYLOR, KENbRICK 01 � GIBSON & DAVENPORT, L.L 16 North Fifth nnuee Wi.P. � A�v�7e}lmington, NC 28401 NORTH � J Nq E CARO LINA 1� 1 ONSLOW COUNTY T� i PI 1 w E Tax Parcel No. CGAS,,L Iv„ rJwENT r_ THIS DLEG, made this day of J u� between The Daiwa Bank — —' 19�, by and Limited, a Japanese banking corporation, with an office at One Peachtree Center Avenue, Suite 4420, 303 Peachtree Street, Atlanta, Georgia 30308, herein, whether one or more, called GRANTORS, and Island Development Group Inc., a orth _ Carolina corporation, whose mailing address is #338, Route 1, Box Ringgold,n Virginia ? , herein, whether one or more, called GRANTEES. W I T The GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEES, their heirs, successors and assigns forever, all that certain real property located in onslow County, North Carolina, described in Exhibit A attached hereto and - _,Icorporated herein by reference. TO HAVE AND TO HOLD the above granted and described property, toget1er with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, `I or in anywiso appertaining unto the GRANTEES, their heirs, successors and fi s-l.s, in i si:.: le, torev-er, 3 1( i� N STATE OF GEORGIA COUNTY OF SPALDING I, ,n...( tt�I_il, IIy (- , a Notary Public in and theJS—ta—te and County aforesaid, do certify that 'V1r)MaPj I'M lIL', and Dfa P_ R4imdeS , personally came before me this day and acknowledged that they are Vice President and Manager, and b=tiveOfficer' , respectively, of The Daiwa Bank, Limited, a Japanese banking corporation (successor by assignment from Lloyds Sank Plc, an English banking company), with an office in Fulton County, Georgia, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by them as Vice President and Manager, and 1N3ariw.Offi=, , respectively. WITNESS. m.' hand and official seal this 1L day of 1994. My -Commission Expires: Nauvy ". cWb County, Georcht tdY oomm "M UP caa March 30,1097 NORTH CAROLINA ONSLOW COUNTY �d111E. !JNo ary Public CORPORATE SFAL NO'P RDaUIR.E D The foregoing certificate of , Notary Public, is certified to be correct. This day of 19 REGISTER OF DEEDS OF ONSLOW COUNTY ^.s„f by: Deputy D MAR 19 1996 DIVISION Or COASTAL MANAGEMENT PDQ/ iaa6.167 3 EXHIBIT A -TRACT 1 BEGINNING at a cedar post in the West side of the old Stump Sound Channel at the old M. C. lopp corner as shown on Plat of the M. C. Yopp Heirs Property recorded in Map Book 19, Page 21, Onslow County Registry, which said cedar post is the Easternmost corner of the R. A. Jeffreys heirs land as shown on a map prepared by William J. Outlaw, Registered Land Surveyor, Mount olive, North Carolina, during April, May, and June of 1968, and runs thence with the old M. C. Yopp line, south 06 degrees 07 minutes 00 seconds West 1046.21 feet to a railroad spike located in the centerline of S.R. 1568; thence South 05 degrees 07 minutes 00 seconds West 276.68 feet to a point located in the ow tide mark he_Atlantic Ocean; thence with the low tide mark of the Atlantic ocean South66 degrees 30 minutes 00 seconds West 1500 feet to a point; thence leaving the Atlantic Ocean North 23 degrees 30 minutes 00 seconds West 231.37 feet to a railroad spike located in the centerline of existing S.R. 1568; :.hence North 23 degrees 30 minutes 00 seconds West 423.73 feet to a point; thence North 23 degrees 30 minutes 00 seconds West 602.39 feet to a point; thence north 77 degrees 27 minutes 21 seconds West 378.69 feet to a point; thence South 89 degrees 38 minutes 50 seconds West 146.77 feet to a point; thence North 07 degrees 18 minutes 24 seconds East 161.04 feet to a point; thence North 27 degrees 50 minutes 27 seconds East 287.39 feet to a point; thence North 85 degrees 27 minutes 25 seconds East 209.63 feet to a point; thence South 23 degrees 56 min u te s25 secQnds East 103.40 feet to an iron stake at the ad e Ali afar Ba hence with the southern edge of Alligator Bay fo l:s3j�j COASTAL MANAGEMENT North 57 degrees 13 minutes 37 seconds East 132.77 feet; thence North 73 degrees 00 minutes 39 seconds East 264.92 feet; thence North 66 degrees 39 minutes 51 seconds East 323.10 feet; thence North 38 degrees 24 minutes 18 seconds East 313.61 feet; thence North 04 degrees 56 minutes 28 seconds East 107.47 feet; thence North 16 degrees 24 minutes 00 seconds East 413.84 feet; thence North 70 degrees 55 minutes 02 seconds East 70.65 feet; thence South 70 degrees 07 minutes 41 seconds East 293.03 feet; thence North 33 degrees 20 minutes 52 seconds East 145.93 feet; thence South 68 degrees 04 minutes 06 seconds East 362.35 feet; thence South 37 degrees 05 minutes 04 seconds East 339.14 feet; thence South 65 degrees 14 minutes 54 seconds East 70.44 feet; thence North 85 degrees 04 minutes 01 seconds East 79.31 feet; thence South 55 degrees 17 minutes 37 seconds East 73.87 feet; thence South 44 degrees 48 minutes 35 seconds East 82.83 feet; thence South 04 degrees 37 minutes 41 seconds East 149.21 feet; thence South 39 degrees 18 minutes 51 seconds West 59.93 feet to an iron pipe set at a cedar post, the point of beginning. Being all of Tract 1 and Tract 2 as shown on plat entitled "survey for M. F. I Bostic and Roger Page, Jr., Jeffreys Tract No. 2, Stump Sound =Township, Onslow County, North Carolina, Date of Survey: May, 1984, Scale: 1' inch = 200 feet", prepared by Cow D e��s�/ •, Registered Land Surveyors, Burgaw, North Caro MAR 19 1996 DIVISION OF LESS AND EXCEPTING from the above@��f��2AN/6Pfy 33.92 acres heretofore conveyed to CONSOLIDATED EQUITIES OF VIRGINIA, INC. as recorded in Dead Book 821, at Page 104 of the 0 Onslow county Registry. EASEMENT i TOGETHER with an unobstructed and non-exclusive easement for purposes of ingress and egress described as follows: Beginning at a point in the Center of the new proposed S.R. No. 1568 which said point is located from the centerline intersection point of S.R. 1568 with N.C. Highway No. 210 when measured along the center of S.R. 1568 South 74 degrees 34 minutes 44 seconds East 979.03 feet, South 76 degrees 32 minutes 44 seconds East 134.50 feet, South 79 degrees 35 minutes 44 seconds East 100.00 feet, south 82 degrees 51 minutes 39 seconds East 100:00 feet, South 87 degrees 13 minutes 39 seconds East 100.00 feet, North 89 degrees 11 minutes 51 seconds East 100.00 feet, North 85 degrees 15 minutes 21 seconds East 100.00 feet, North 81 degrees 50 minutes 14 seconds East 65.10 feet, North 78 degrees 30 minutes 02 seconds East 100.00 feet, North 74 degrees 35 minutes 02 seconds East 100.00 feet, North 70 degrees 17 minutes 37 seconds East 100.00 feet, North 66 degrees 20 minutes 32 seconds East 100.00 96et, North 63 degrees 57 minutes 25 seconds East 161.06 feet, North 62 degrees 22 minutes 25 seconds East 1200.00 feet, North 65 degrees 08 minutes 25 seconds East 166.58; North 70 degrees 36 minutes 25 seconds East 171.48 feat, North 71 degrees 44 minutes 05 seconds East 101.40 feet, North 70 degrees 30 minuut7es 33 seconds East 207.44 feet, North 66 degrees rD(3 � �4✓s East 216.28 feet, North 64 degrees 37 minu9 seconds E 900.46 MAR 19 1996 DIVISION OF COASTAL MANAGEMENT feet, North 66 degrees 23 minutes 39 seconds East 242.84 feet, North 67 degrees 42 minutes 49 seconds East 612.76 Peet, North 67.- degrees 03 minutes 44 seconds East 265.48 feet and north 66 degrees 12 minutes 16 seconds East 1315.30 feet to a railroad spike in the.. centerline of the pavement of S.R. 1568 (the beginning corner of ' the San Marlo Tract A); thence along the roadway S.R. 1568 North 66 degrees 10 minutes 45 seconds East 1022.60 feet to a point in said pavement; thence leaving said S.R. 1568 North 23 degrees 36 minutes 48 seconds West 444.46 feet to the point of beginning. Said beginning point being so located runs thence as follows: 1. Along the center of the New Proposed S.R. 1568 as it curves a chord of South 63 degrees 05 minutes 53 seconds West 30.05 feet to a point; thence, 2. Along the Western margin of.a 60.00 foot wide right-of- way North 23 degrees 36 minutes 48 seconds West 335.52 feet to a . point in the Northern Property line of San Marlo Tract A; thence 3. With said property line North 71 degrees 20 minutes 00 — J�saconds East 60.22 feet to a point; thence, 4. With the Eastern margin of said 60.00 foot wide right-of- way South 23 degrees 36 minutes 48 second I (021 o a point in the center of the new proposed S. 1566; thence, I�IUIf� MAR 19 1996 DIVISIOiv JF 5. With said centerline as it c"U(9AS-PALOAWAGS FA 34 degrees 19 minutes 16 seconds West 35.40 feet to the point of beginning. The above described lot or tract of land contains 0.45 Acres to be the same more or less. FBG/rh/os6.252 MAR 19 1996 DIVISION OF COASTAL MANAGEMENT EXHIBIT A - TRACT 2 STUMP SOUND TOWNSHIP, ONSL0W COUNTY, NORTH CAROLINA Beginning at a railroad spike in the center of the pavement of the existing S.R. 1568 which said railroad spike is located from the centerline intersection point of S.R. 1568 with N.C. Highway No. 210 when measured along the center of S.R. 1568 South 74 degrees 34 minutes 44 seconds East 979.03 feet, South 76 degrees 32 minutes 44 seconds'East 134.50 feet, South 79 degrees 35 minutes 44 seconds East 100.00 feet, South 82 degrees 51 minutes 39 seconds East 100.00 feet, South 87 degrees 13 minutes 39 seconds East 100.00 feet, North 89 degrees 11 minutes 51 seconds East 100.00 feet, North 85 degrees 15 minutes 21 seconds East 100.00 feet, North 81 degrees 50 minutes 14 seconds East 65.10 feet, North 78 degrees 30 minutes 02 seconds East 100.00 feet, North 74 degrees 35 minutes 02 seconds East 100.00 feet, North 70 degrees 17 minutes 37 seconds East 100.00 feet, North 66 degrees 20 minutes 32 seconds East 100.00 feet, North 63 degrees 57 minutes 25 seconds East 161.06 feet, North 62 degrees 22 minutes 25 seconds East 1200.00 feet, North 65 deg es 08 _minutes 25 seconds East 166.58 feet, North 70 degrees 36 minutes 25 seconds East 171.48 feet, North 71 degrees 44 minutes 05 seconds East 101.40 feet, north 70 degrees 30 minutes 33 seconds East 207.44 feet; North 66 degrees 52 minutes 54 seconds East 216.28 feet; North 64 degrees 37 minutes 49 seconds East 900.46 feet; North 66 degrees 23 minutes 39 seconds East 242.84 feet; North 67 degrees 42 minutes ZQZHEzSW 1 .76 feet; North 67 degrees 08 minutes 44 secon ast 2655.4 a Land MAR 19�9t North 66 degrees 12 minutes 16 seconds East 136�A9009'rt to the COASTAL MANAGEMENT point of beginning. Said beginning point being so located runs thence as follows; 1. With the ne.: division line of JeffreyIs Property North 23 degrees 30 minutes 00 seconds West 447.54 feet to an iron stake; thence, 2. With the flagged CAMA Line as approved in November 1986 - South 84 degrees 11 minutes 00 seconds East 59.04 feet; North 61 degrees 59 minutes 00 seconds East 166.46 feet; South 36 degrees 31 minutes 00 seconds East 107.99 feet; South 79 degrees 23 minutes 00 seconds East 57.76 feet; North 62 degrees 43 minutes 20 seconds East 116.76 feet; North 75 degrees 42 minutes 00 seconds East 47.41 feet; North 23 degrees 52 minutes 15 seconds West 53.35 feet; North 59 degrees 06 minutes 35 seconds West 54.39 feet; North 41 degrees 40 minutes 00 seconds West 72.45 feet; North 71 degrees 49 minutes 00 seconds West 330.93 feet; North 15 degrees 07 minutes 00 seconds West 34.59 feet; South 68 degrees 50 minutes 00 seconds East 190.60 feet; South 61 degrees 33 minutes 00 seconds East 93.89 feet; North 50 degrees 49 minutes 00 seconds East 10.40 feet; sue' South 74 degrees 50 minutes 40 seconds East 260.20 feet; North 26 degrees 11 minutes 15 seconds East 23:71 feet; North 73 degrees 36 minutes 03 seconds West 193.19 feet; :Borth 12 degrees 40 minutes 29 seconds West 62.1 eV�� North 30 degrees 41 minutes 00 seconds East 138.8 eet; North 56 degrees 24 minutes 00 seconds East 159.7 eetMAR 191996 North 22 degrees 51 minutes 00 seconds East 59.39 feetDIVISION OF COASTAL MANAGEMENT on that North 52 degrees 18 minutes 00 seconds East 147.36 feet; prepared North 71 degrees 20 minutes 00 seconds East 115.33 feet; Carolina North 52 degrees 10 minutes 00 seconds East 162.95 feet; and last North 76 degrees 40 minutes 00 seconds East 139.43 feet; i by this South 61 degrees 00 minutes 00 seconds East 118.82 feet; North 70 degrees 08 minutes 00 seconds East 142.37 feet; in that South 19 degrees 45 minutes 00 seconds East 88.33 feet; o Resort South 11 degrees 22 minutes 00 seconds East 129.41 feet; 388, and South 85 degrees 39 minutes 00 seconds East 124.80 feet; egistry, North 12 degrees 17 minutes 00 seconds East 170.62 feet; North 83 degrees 38 minutes 00 seconds East 80.29 feet; North 01 degrees 59 minutes 00 seconds West 109.65 feet; and South 85 degrees 53 minutes 00 seconds East 111.20 feet to an iron stake; thence, 3. With the old Northern Division line of the Jeffrey's Property South 06 degrees 07 minutes 00 seconds West 914.49 feet (passing over an inline iron stake at the center of the pavement of the existing S.R. 1568 at 637.81 feet) to a point at the approximate mean high water line of the Atlantic Ocean; thence, 4. With said mean high water line south 66 degrees 30 minutes 00 seconds West 1500.00 feet to a point; thence, 5. With the line of beginning North 23 degree seconds West 231.37 feet to the point of beginning. The above described tract of land contains 33.92 acr�JRtlo9gg H 9 1996 (VISION ,>F )N OF the same more or less and is a portion of the land J�S RL TVIN/ C",EMENT MAGEMENT Jeffreys and a Deed for R. A. Jeffrey's Estate which said Deeds are recorded in Deed Book 202, Page 590 and Deed Book, 198, Page 298 WETLANDS LINE i WETLANDS LINE I - JPLANDS - I J a, I - WETLANDS - . I I - WETLANDS- I PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street - P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 - Fax: (910) 455-3441 LETTER OF TRANSMITTAL TO: P.A. Wojciechowski Wvisinn of Marine Fisheries Z441 Arendell Street Morehead City North Carolina 28557 Shaping Horiz.4. JUL 2 3 W6 I DATE: July 19, 19WMF•PUB. TR./SUBII REF: Survey for M.F. Bostic and Roger Page, Jr. Jeffreys Tract No. 2 (Cape Island) WE ARE SENDING YOU: One (1) map for the above referenced project. DELIVERY VIA: Lk REGULAR NAIL ❑ HAND ❑ UPS OVERNIGHT ❑ UPS GROUND THESE ARE TRANSMITTED AS CHECKED BELOW. ❑ FOR APPROVAL A AS REQUESTED ❑ FOR YOUR USE ❑ FOR BIDS DUE ❑ OTHER COMMENTS: ❑ FEDERAL EXPRESS ❑ OTHER ❑ FOR REVIEW AND COMMENT Please find enclosed the above map per your request of Gordon R. McAdams. Secretary COPIES To: CF (P) I` /TR RNT�Tl1SRCOc aov vim ac v.....v.. vvvniv vrn.r ov vn am ......... I i t. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Island Development Group PROJECT NAME: CAPE ISLAND SUBDIVISION 2. LOCATION OF PROJECT SITE: Highway 1568, North Topsail Beach, NC Photo Index - 1995: 28-374 GR Q, 9-14 1989: 4 167 12 N,O, 14-21 State Plane Coordinates - X: 2 481 000 Y: 278 000 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 15, 1996 Was Applicant Present - Agent Was Present 5. PROCESSING PROCEDURE: Application Received - May 7, 1996 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town Of North Topsail Beach Land Classification From LUP - Limited Transition/Conservation AEC (B) AEC(s) Involved: PT, ES (ORW), EW (C) Water Dependent: NO (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None Planned - (Pending - North Topsail Water & Sewer) (F) Type of Structures: Existing - None Planned - Streets, Utilities, Community Pier & Boat Ramp, Oceanfront Parking (G) Estimated Annual Rate of Erosion: 3 Feet/Year Source - Erosion Rate Maps 7. HABITAT DESCRIPTION: L �, [AREA] DREDGED FILLED OTHER (A) 7.0 Acres High Ground (B) Coastal Wetlands and 180 Sq. Ft. Non -Vegetated Wetlands Boat Ramp Federal Wetlands .16 Acres (C) Public Trust Waters Shaded 700 Sq. Ft. (D) Total Area Disturbed: 7.0 Acres (E) Primary Nursery Area: Yes (F) Water Classification: SA ORW Open: Yes PROJECT SUMMARY: The applicants propose a 61-lot residential subdivision with amenities. Streets, utility installation and amenities would be covered under this permit. CAPE ISLAND SUBDIVISION Page 2 9. PROJECT DESCRIPTION The proposed Cape Island Subdivision is located within the jurisdictional boundaries of the Town Of North Topsail Beach, off of Highway 1568 in Onslow County. The property is located across the Highway from Villa Capriani. The property borders water on three sides, Mason Creek, Alligator Bay, and Norman's Creek. The consulting engineer has indicated on the application that there is 49.0 acres of land in the tract. The tract is composed of high ground, federal wetlands and coastal wetlands. There are no existing structures on the property. A total of 61 residential lots are proposed in the subdivision. The permit being applied for would authorize street construction, utility installation, an ocean access parking area, a community boat ramp, pier and bulkhead. The Division of Environmental Management has classified the surrounding waters as SA Outstanding Resource Water (ORW). The Coastal Management Area Of Environmental Concern extends 575 feet from mean high water landward into the property on the estuarine side. The Division of Marine F;sheries has designated the surrounding water as Primary Nursery Area and the Shellfish Sanitation Section has determined that this area is open to the taking of shellfish. A small portion of the proposed project falls within Coastal Management's Ocean Hazard Area Of Environmental Concern. In this area the erosion rate is an average of 3 feet per year as determined by the erosion rate maps of 1986. The area is classified as Limited Transition by the Town Of North Topsail Beach's Land Use Plan. The applicant's consultants have submitted plans for a 61-lot residential subdivision. The minimum lot size is 20,000 square feet. Sheet 2 of 10 of the project plans shows the building envelope overlay plan. Each lot is buildable without filling federal or coastal wetlands. The applicants have applied for and been granted a Nationwide 14 Permit for a road crossing from the U. S. Army Corps of Engineers. The area of the proposed fill is at the access road leading into the site off of Highway 1568. The permit that has been issued is for 0.16 acres of jurisdictional federal wetlands. An enlarged drawing of this area is included with the permit package. Consistency with the Coastal Area Management Act will be decided through this permitting process and is required prior to the commencement of any fill activity. The proposed project has undergone stormwater review by the Division of Environmental Management and been approved as a low -density development. Retaining walls are proposed along portions of the entrance road as indicated on the Grading plans. The purpose of these retaining walls is to keep fill material from spilling over into the wetlands. A 110 foot long bulkhead is proposed along the estuarine shoreline at the boat ramp/recreation area. The exact location of this bulkhead will be staked by Coastal Management staff prior to construction. The feature will be landward of all wetlands/above mean high water. Rip -rap is proposed at the base of the bulkhead. The riprap will also be landward of all wetlands. The proposed community boat ramp, 15 feet long by 12 feet wide, would have a 3 foot wide wooden walkway on each side to facilitate boat access. This structure will be located in a recreation area between lots 50 and 51, at the end of Sailview Drive. It will enter into the waters of Norman's Creek. A small coastal marsh fringe of Spartina alterniflora exists in the general vicinity of the proposed ramp. Some portion of the Spartina marsh would be filled to install this ramp. However, the exact amount appears to be less than the 180 square feet that we have calculated as "impacted". Sheet 10 of 10 shows the specifics on the boatramp, 3' catwalks, and bulkhead. Our recommendation is for the boatramp and catwalk not to exceed 1/3 the width of Norman's Creek (25' waterward of the bulkhead) so as to allow for navigation. A ' CAPE ISLAND SUBDIVISION Page 3 The applicants also propose a community pier that would be located within a 10 foot wide public access easement between lots 32 and 33. This pier is proposed to be approximately 100 feet long by 6 feet wide. An additional 50 foot section would be called a "walkway" and would span across wetlands landward the mean high water mark. This pier would extend into the waters of Alligator Bay. At the waterward end of the pier a 10 by 10 covered dock is planned (referred to on the plans as a gazebo). This "community" pier was requested or required by the Town Of North Topsail Beach as an estuarine public access spot. Anyone would be able to use it for fishing, crabbing, etc. Use would not be restricted to residents of the subdivision (theoretically). There are no boat slips being proposed in conjunction with, this pier, although it would be impossible to prevent someone from tying a boat to the support pilings. The length of the proposed pier, 100 feet, seems to be an arbitrary choice, with nothing perceptible gained between 50 and 100 feet. Recommendations regarding this structure and future permitting of individual piers, docks, boathouses and ramps on lots with water access are made under the "Anticipated Impacts" and "Recommendations" section of this report. Sailview Drive and Cape Lane will be private streets maintained by the home owner's association. There are approximately 3,000 linear feet of street proposed at 50-60 feet wide (average) plus shoulders and medians in some areas. Utilities to be installed include water and sewer. The water will be provided by Onslow County. The sewer service approval is pending. North Topsail Water & Sewer, a private company, provides sewer service to this area, but their facility is at capacity. At the time of this writing, it is our understanding that sewer capacity for 24 lots has been granted to the developer for this subdivision. The proposed ocean front parking area will be approximately 100' by 200' in size. It will provide parking for the residents of Cape Island. An existing dune crossover/beach access for the Wyndy Dunes Subdivision will be shared with the Cape Island Residents. A xerox copy of the Wyndy Dunes plan is included with the permit package. This plans indicates that the proposed ocean access parking area is well landward of the 90' CAMA Oceanfront Setback for this area. There are no frontal or primary dunes in the area where the parking is planned. The Town Of North Topsail Beach Land Use Plan provides a map from the National Register of Historic Places. That map designates this property as a recorded archaeological site which means that this area has high probability for containing significant archaeological remains. Historically significant land is sometimes characterized by extensive concentrations of discarded shells or shell midden found at the site. The North Carolina Division of Archives and History will be asked to comment on this development plan and provide recommendations for preservation of historically significant artifacts. 10. ANTICIPATED IMPACTS Potential impacts associated with this project include fill of federal and coastal wetlands, shading of wetlands and public trust waters, increased runoff caused by installation of impervious surfaces and associated stresses on wildlife habitat created by increased human activity. Sedimentation/erosion control devices will be needed in order to avoid siltation and inadvertent filling caused by the proposed land disturbances. Potential impacts to an archeological resource should be thoroughly evaluated by the appropriate authority and follow-up made accordingly. The Division supports their recommendations. CAPE ISLAND SUBDIVISION Page 4 The Cape Island project has 61 lots with a potential for 35-40 private piers, docks and boathouses plus the community pier and dock -should it be authorized under this permit. Since no apparent use is gained by making this community pier 100' long, it will be this writer's recommendation that the structure be shortened to 50'. As the rules are currently written, potential boat slips number at least 160, plus a small number that could tie up to the community dock. A marked increase in runoff, boating use and construction in the water may result in negative water quality impacts. The developer of this subdivision, Island Development Group, Ins. has no plans to restrict the individual lot owners from building piers, docks, ramps, boathouses, etc. Currently, the Division allows each lot waterfront owner to build a pier, a 500 square foot dock, a 500 square foot boathouse, a boatramp, and maintain mooring slips for four boats. However, based on the exceptional quality of the surrounding waters, my recommendation is for minimization of size and type of structures and number of boats moored in the,public trust areas surrounding this development. Anticipated impacts to the oceanfront ecosystem from the proposed parking area should be minimal. Janet M. Russell/ June 4; 1996/ Wilmington ARICE R• i J o: QS OCIATE> PARKER TEL:1-919-455-3441 ASSOCIATES, INC. tonsulling Engineers - Land Surveyors - Land Planners 306 New Bridge Street - P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 - Fax: (910) 455-3441 :'At;SIMZiE '1RR1RT ZSSZOk COVER H$ EET FRO RE: REMARKS: Rug 19t95 15:4- Ido.J03 F.G1 FAX if (910) 455-3441 Number of Pages (ino,luding this sheet): Original to Follow by Mail: Yes No y Confirmation of Receipt Requested: Yes No The information contained in this facsimile is -privileged and confidential, intended only for the use of the addressee. If the reader is not the intended recipient, you are hereby notified that any use is strictly prohibited. if •-a"l have received this telecopy in error, please immediately notify the aendar oy telephone and return the original telecopy to the sender at the above addresa. Thank you. WP-P\FAXCOVER ItNVIRONM1IENTAI,FNC,INF:ERINC 9 STORMWATERAIANACF.M1IRNT WA9TF2 AND 1YAS1'fdAA'AT1?R Sl'STEiA15 ur:AhLorM1f1NTCONSLII:I'1NL; B FFASIi111,11'YREPORTS 10 M'NYIItONM1lEN"rAl.$CIF;NCB' D ('OyS'1'khC"I'lO\I'L,AN5 rHKRLK 6 H•;-;U�_iHits ItL 1-'_+1Sa-455-aa441 ALi9-'15+,96- 15-,44 NiD.06i F,���, CAROLINA IELLi'HUNL & TELEGRAPH COMPANY D.B. U, PG. 43A LOT 1 M.B. it PG. 21 M.C. YOPP HEIRS PROPERTY ZONE A8 (EL. 7) EARt101 KR U 4' (k970d.) 12' WIN. GENERAL GRADING DRAINAGE & EROSION STUMP SOUND TkP., ONSLOW GO.. NORTH CAROLlNA ISLAND DEVELOPMENT GROUP, INC. P.O. Soy 949 a1. CONWAY, SOUTH CA RC1a.MA 20526 QRAPHI . S .Ji E, f-m= r DATE:2--22-96 �Q•: �� � 0 50 �oy� . _ o SCALE: 1 "=100° _ p+k Parker Asimociatea, I.O. �"a°,+� � I� �- CbwultngftffAm@Grz - faatmd euttweqoss - �/�y ��}/ P.O. E40X 07'6 .. 3�e' �� �, North 4'.>d.F.�f zs G �`! INSTALUknoN OF SIREETS, ynlITIES, ANill AND D OTHER r REOUtRED IMPROVEMENTS CD CD I W-REBY CERTIFY THAT ALL STREETS. UTILITIES AND OTHER REQUIRED 1UPROVEMENTS HAVE SEEN INSTALLED IN A MAWER APPROVED BY THE APPROPRIATE STATE OR LOCAL 't' AUTHORITY AND ACCORDING TO CITY SPECIFICATIONS AND STANDARDS IN THE CAPE Ia Mp u OR THAT GUARANTEES — THE INSTALLATION OF SUBDMS+0r1 IIEPROVEMENFS IN AN PI.10UN7 AND Ad THE REQUIRED THE TOWN OF NORTH TOPSAIL MANNER SATISFACTORY TO THAT THE FILING FEE FOR THIS PLAT, IN HHAS EEM �1T VOF ' '� $75.00 HAS BEEN PAID. c - L USES ARE RESTRICTED TO ONLY THOSE ALLOYED `7 IN THE R20 ZONE i� 2 MINIMUM SETBACKS. u, FRONT YARD — 30' SIDE YARD — 10, i REAR YARD — 10' ' } SIDE STREET — 20' REAR YARD FOR WATER LOTS — BUILDINGS AND NON —WATER DEPENDENT STRUCTURES 40 FEET FRO14 ANY MEAN HIGH WATER LINE ALL LOTS SHALL HAVE AN AVERAGE OF AT LEAST 15.000 SQUARE FEET OF HIGH GROUND (NON 404 L OR COASTAL %E7LAMS) 4: UPON STREET AND 1NFRASTRUC7URE DEVELOPMENT AN EARTHEN BERM HAVING A MMMU HEIGHT OF 12 INCHES SHALL 13E COtlSTRUCTED CN THE WATER — WARD SIDE OF ALL LOTS THE M"TIAL LOCATION Lu SHALL BE GENERALLY ALONG THE EIOS M WOODS LMfE. UPON INDIVIDUAL LOT DEVELOPtEENT THE BOW LOCATION MAY BE ADJUSTED BUT DUST `D MAINTAIN A CONTINUOUS LW SE7VjEEM HOMES AND THE WATER. LOT OW4ERS SHALL NOT REMOW, @RFM THROUGH OR LOWER THE TOP BELOW THE HEIGHT OF cl: t2 INCHES. 5. UVWG VEGETA7ION VATH A DIAMETER OF 3 INCHES AND a LARGER SHALL NOT BE CLEARED OR REMOVED EXCEPT AHERE L NECESSARY TO ALLOW FOR PLACEMENT OF STRUCTURES OR MAINTENANCE- LZ am n 6. ALL STREETS ARE TO 3E PRIVATE, 7. ALL LOT CORNERS ARE NEW IRON STAKES UNLESS OTHERV4SE NOTED. 8- ALL DiSTANCfS ARE HORIZONTAL GROUND, UNLESS O 9. ALL AREAS ARE CALCULATED BY COORDINATES. NO717?_ t �C t0. PAVEMENT HADTH: 20' \\\ !v v 11. PURCHASERS ATTENTIM IS CALLED TO THE LOCATION OF CAi1A SEMAM CR&4TER LDS, AI.[DARE feLR AG D. i!HERE PRACTICAL, TO LOCATE STRUCTURES AT A ISTA?iLf FRQ THE ATLANTIC OCEAN. 12. FLOOD ZOW fWORWAT10H TAKEN FROM F.I.R.M. PAka&. CAN 370496 0004 A (NORTH TOPSAIL BEACH) (EFFECTIVE) DATE NOVEMB R 4 1992T ALL LOTS ARE W FLOOD ZOO A8 (EL 7) 13 TFVFtOPkENY IS LOUTED WTI'M AN AREA S85 DEUBJECT TO RESMiCT$G"S 8Y THE COASTAL BARRIERS EN TO S ACT �(C>3RA) AND IS NOT 14 ALL EASEURANCE ASSISTANCE. MENTS ARE 20' DRAINAGE kk UTWjTy EASEIlMTS UNLESS OTH€R1aBSE NOTED. 15. PROPERTY LYING B♦<YONp STREETS RIGHTS_C*r_WAY AND WITHW BOUNDS PFLD avA-tA: N A OF SKGHT TRIANGLES SHALL REMAIN AS PROPERTY OF HOWOWWgZS. BUT D1SK Nesit: aLo 239E SHALL HAD DRIVERS TAU_ SkRUBBERy, BUILDINGS OR FENCES M41CH ImLL `LENAME C3F—I.DwG R'cSTPlCT DRIVERS NSIrf,1. JOB qO,:-C9J0719—Gt6368_— WF` PARKER ASSOCIATES TEL:1-919-455-3441 "`— RIDa 19,96 15:44 No.003 P.03 e APPl{N AX t, PE'l'1TION FOR (711ANor 1N VON1N(1 NORTH TOPSAIL, DEACII, NORTH CAROLINA 1)atu:.December 9, 1994 "TO THE PLANNING HOARD AND 'rHE BOARD OF ALDERMEN OF THE 'TOWN OF NORTH TOPSAIL BEACH. "I Me) the undersigned, do hereby respectfully make application and petition the Board of Aldermen to amend the Zoning Ordirianco and to change the Zoning Map of the 'town of North Topsail Beach as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Villa Capr.iani between NC 210 Street and * Street on the North side of the street and known as lots) No, It has a frontage of ? 200 feet and depth of 450 t. feet, Island Devalopme evidence �tc. "2. The property sought to be- rezoned is ov red by. __ -- s evidence y deed from Daiwa sank recorded in Book 1194 page 82 Registry of Onslow County. "3. A seventy-five dollar ($75.00) fee was paid oil Navembe� x 2 , 1994 "4. It is desired and requested that the foregoing property be rezoned. From the RA �tothe CU-" Di,trlct.(8ee Conditions on Pg. 2) 116. The, Town of North Topsail Beach is under no obligation to make any changes. Amending the Zoning Ordinance (text-hind/or map) is a legislative procedure within the discretion of the governing body. In support of this petition the applicant submits the following: "a. Applicant should submit evidence that the change is supported by the Land IJe Plan and that the supply of land in the new classification is deficient. "b. Applicant should submit information which describes the impact of the.. now classification on the surrounding neighborhood. :E "c. The applicant should deGnc what. the chaut;e will mean in additional municipal 'TACHMENT service cost and wh}• it, is appropriate for the Town m• whoever to pay for these additional cost. "d. The applicant should list all the permitted uses in the new classification not,lust the specific use the applicant in requesting and demunstrate .vhy th"e • +ta^s are appropriate, for the for(;,Wng property. "G In acc•ordanc'a with G.S. VWA•881, vthenevat (here k a',:uning chv> l aliwl :uli m invnlving o parcel of land, I he owlwr of that panel ul' ).n:d A:.:.hnwn Olt dw („pint; 1 4R•t * Unnamed Street In Blue Horizon Subdivision F'HKKEK & HSSOCIHTES TEL:1-919-455-3441 '"ffircl'19,56" 15:44 No.003 P.94 ATPI'ENllf\ A--;'ON1N(; App C Tax Listing, and the owners of all parcels of laud abutting; that parcel of !full as shown on the County Tile Listing, shnll be mailed a notice of the proposed classil'i_ cation by first class mail at the last addresses listed fur such owners on the county tax abstracts." The applicant shall be responsible for providing; the name of the owner ulihat parcel and a list of all property owners of land abutting( that parcel of land. In addition, the applicant ,hull provide a stamped addressed envelope in order to mail to the owner and all nhutting propurly owners the notice of the proposed coning; classification action. The town as determined by (the) board of aldermen shall provide the notice setting the time, date and place of public hearing. The applicant mailing such notices shall certify to the board of aldermen that fact, and such certificate shall be deemed conclusive in the absence of frauh-"\ �i rr It/ store Parkerp for and Development Group, Inc, Date: November 23, 1994 I// l� Revised December 9, 1994 Y/Cot�di ions s 1. Uses are restricted to only those allowed in the R20 Zone. 2. Minimum lot dimensions, minimum setbacks and minimum lot sizes shall be the same as those required by the R20 Zone. 3. Upon presentation of a Development Plan, lots must have an average of at least 15,000 Square Feet of high ground (Non 404 or Coastal Wetlands.) 4. Upon street and infrastructure development an earthern beam having a minimum height of 12 inches shall be constructed on the waterab.rd side of all lots. The initial location shall be generally along the existing woods line. Upon individual lot development the berm location may be adjusted but must maintain a continuous line between homes and the water. Lot owners shall not remove, break through or lower the top below a height of 12 inches. 5. Living vegetation with a diameter of 3 inches and larger shall not be cleared or removed except where necessary to allow for placement of structures or maintenance. 6. Buildings and non -water dependent structures shall be set back not I3ss than 40 feet from the Mean High Water Line. !The neat pi�g;u ih 15A71 14h; k - DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) ' APPLICANT: Island Develop. Group/Cape Island S/D COUNTY: Onslow A LOCATION OF PROJECT: Hwy 1568, North Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 05/07/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A F]JANk REPRESENTATIVE: Janet Russell 11� ICE- Wilmington DISTRICT MANAGER I '� �� APPLICATIONB) DATE PUBLIC NOTICE REC'D: WW OF NOTICE TE: ADJ. RIP. PROP NOTICES REC'D: v < 'D APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: / 150 DAY DEADLINE: y (� MAIL OUT DATE: jI r�/ 'S cI_ �G� / STATE DUE DATE: 7 FEDERAL DUE DATE: /� FED. COMMENTS REC'.D: -1 q PERMIT FINAL ACTION: ISSUE DENY DRAFT ON-2o-g 6 � AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section W Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health 0 q Div. of Highways _ wildlife Resources Commission Div. of Water Resources _ G Div. of Marine Fisheries 1 •Recommendations for State Permit - CAPE ISLAND SUBDIVISION The Wilmington District Office, Division of Coastal Management, offers the following recommendations with regard to this permit application: �" A. No permit should be issued until sewer or septic is available to treat the wastewater from all 61 lots. B. No permit should be issued until Archives and History is satisfied that any archeological resource present is protected. C. No permit should be issued without the concurrence from the Division of Marine Fisheries, Shellfish Sanitation and the Division of Environmental Management. Provided A, B and C as stated above are met, the District Office recommends that permit be issued with the following stipulations and conditions: 1. The proposed "community pier" as shown on the development plan shall be limited to a maximum of 50' long as measured from mean high water. Boat cleats or other mechanisms for tying or mooring boats are prohibited. 2. The proposed boat ramp and piers on either side of the ramp will extend no more than 1/3 of the way across the Norman's Creek channel or a maximum distance of 25' waterward of mean high water. 3. Private piers and docks within this subdivision will be limited in size, length, and number of boat Z sups to minimize public trust usage and water quality impacts. Specific limitations will be imposed at the time of permit application. 4. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 5. 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. 6. This permit authorizes only the pier, bulkhead, boat ramp and other structures and uses located in 1 { %p-or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may be installed without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2 7. No sewage, whether treated or untreated, shall be discharged at any time from boats using the ramp facility. Any sewage discharge at the boat ramp facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the L1 entire existence of the permitted structures. \v 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by t`P U.S. Coast Guard, through regulations or otherwise, on authorized facilities. ' 4K 9.. In accordance with 15A NCAC 7H.0308 (a), no seawall or riprap revetments will be allowed in the future should any portion of the beach access parking lot or entrance road into the subdivision become threatened from erosion. CAPE ISLAND SUBDIVISION - RECOXIMENDATIONS Page 2 ,..146 10. The proposed beach access parking lot, walkways, dune crossovers, and other areas requiring lights 64.4, should be illuminated with light fixtures located close to the ground to minimize casting direct light on �. the beach and dunes. (This is to protect hatching loggerhead sea turtles.) 11. In order to protect water quality, runoff from the construction must not visibly increase the amount b of suspended sediments in adjacent waters. stih -}2. The Division of Environmental Management approved this project under stormwater management rules of the Environmental Management Commission on May 9, 1996. Any violation of or deviation from the plan approved by DEM will be considered a violation of this CAMA permit. 13. The alignment of the proposed bulkhead must be staked by a, Field Representative of the Division )� 3 of Coastal Management within a maximum of thirty days prior to the start of construction. Failure to initiate construction within thirty days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by the Division just prior to construction. 1� 9 14. The bulkhead must be constructed prior to any backfilling activities. / 7 15. The bulkhead must be structurally tight so as to prevent seepage of backfrll materials through the structure. �3 16. 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, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 9 17. All backfrll material will be obtained from a highground source and confined behind the permitted bulkhead. 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. Z b 18. No marsh grass will be excavated and or filled for the bulkhead and riprap installation. J-D 19. The riprap material must be free from loose dirt or any other pollutant. It must be of a size Q�� sufficient to prevent its movement from the site by wave or current action. 20. The riprap material must consist of clean rock or masonry materials such as, but not limited to, 14W granite. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material are not considered riprap. 21. The project site is located in an area having a high probability of containing cultural resources such as artifacts, human remains, etc. If such materials are encountered, the permittee must immediately stop work and notify the District Engineer, Wilmington Corps Of Engineers at 910 251-4629 and the North Carolina Division of Coastal Management at 910 395-3900. CAPE ISLAND SUBDIVISION - RECOMMENDATIONS ,Page, 3 22. An archaeological investigation sufficient to determine the nature, extent, condition, and significance of resources which might be adversely affected by the proposed construction shall be conducted subject to the approval of the Division of Archives and History, through the Division of Coastal Management. 23. No land disturbing activities will be initiated prior to evaluation of the archaeological investigation by the Division of Archives and History. Upon the approval of Archives and History, through Coastal Management, construction may proceed in a progressive fashion. 24. A scope of work for the necessary archaeological investigations must be prepared by the Division of Archives and History in conjunction with the permittee. In order to initiate development of this document, the permittee must contact a representative of the Division at 919 733-7342 or by writing the State Historic Preservation Office, 109 Fast Jones Street, Raleigh, NC 27611. 25. In the event that significant archaeological resources are present within the boundaries of the proposed permit area, the permittee shall develop a cultural resources management plan in consultation with the Division of Archives and History for the effective long-term management of such resources. C1� 26. The permittee or their agent i&mqum'wod to meet with a representative of the Division of Coastal Management prior to project initiation. State of North Carolina ' Department of 2Nivironment, 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: Proposed Project: June 5, 1996 Zo8 D. Bruner, District Planner Division of Coastal Management A74� �EHNFi John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review 1 1Zi I r i . ;4 Island Development Group/Cape Island Subdivision `o REZEIVEO Hwy 1568, North Topsail Beach to duN oP N6 4&SV,AE A 61 lot residential subdivision with amenities f9 Please indicate below your office's position or viewpoint on the proposed project and return this form by June 26, 1996. 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. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. _7 I This office objects to the project for reasons described in the attached comments. 127 Ca"Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer �EHNR MEMORANDUM TO: John R. Parker Major Permits Processing Coordinator FROM: Zo6 D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Island Development Group/Cape Island Subdivision, NTB Onslow DATE: June 19, 1996 This permit consistency opinion is based on my review of the Island Development Cape Island Subdivision permit application, the Field Investigation Report (J.Russell, 6/5/96), and my understanding and interpretation of the policies presented in the Town of North Topsail Beach Land Use Plan Update. The applicant proposes a 61-lot residential subdivision with amenities. Streets, utility installation and amenities including oceanside parking would be covered under this permit. The adjacent 1 waters are classified Outstanding Resource Waters, primary nursery area and Open to the taking `• of shellfish. The site is within both the Estuarine Shoreline AEC and Ocean Hazard AEC (very small portion.) LAND USE CLASSIFICATION:Limited Transition/Conservation CLASSIFICATION DESCRIPTION: Limited Transition: ...These lands should not include areas which meet the definition of Conservation Land. Conservation: In North Topsail Beach's jurisdiction, the environmentally sensitive areas identified as areas of environmental concern [and therefore in the conservation class] ..include coastal wetlands, ocean hazard AEC's estuarine waters, estuarine shorelinespublic trust areas and outstanding Resource Water ... the complete "conservation" class is not attempted to be graphically portrayed on the Land Classification Map. Examples of other areas which will also be considered "conservation" include major 404 wetlands... areas that are unique, fragile, or hazardous for development..;and lands that provide necessary habitat conditions, or primary nursery areas. (emphasis added)... specific allowable uses in the Conservation Class shall include: 2. Water oriented uses such as private piers, and docks, only if consistent with Resource and Protection and Production Management policies and are shown not to cause detriment to the estuarine waters, ORW's or other Conservation areas... 3. Necessary utility service lines, such as water, sewer, electrical, natural gas, etc., when it is demonstrated that the ecological system of the Conservation area will not be significantly altered.As noted in item 1 above, development of and\or extension of necessary utilities and services will not be done merely as a stimulus for additional growth and development, only to the extent needed to meet an existing or expected health problem where new development is allowed or to serve existing development. Page Two Island Development/ Cape Island June 18, 1996 RELATED POLICIES AND IMPLEMENTATION MEASURES: Please see Attachment A COMMENTS: The Policies and Land Classification presented in the Town of North Topsail Beach 1991 Land Use Plan strive to protect the Outstanding Resource Waters and other areas classified "Conservation" in North Topsail Beach. The intent of the policies is, in part, to enhance and protect the quality of the waters and to preserve their function as marine and wildlife habitat. The Town is aware that development may negatively impact the natural resources, and has specific policies which address their concerns. Land Use Plan policies also protect the dunes and related vegetation and encourages re - vegetation as needed. The Plan also requires dune "crossovers" or walkways be built to prevent wear on the dune vegetation. Finally, Land Use Plan policy supports the protection of the Town's cultural (archaeological) resources. This project will be consistent with the Land Use Plan if the following conditions are met (please read Attachment A, Policies to understand the importance of these resources to the Town): 1. All suggestions/concerns from review agencies and CAMA representative must be considered in the conditions section of this permit; 2. all conditions placed on this permit shall be followed; 3. the potential of 35-40 piers/docks (maximum 320 boats docked and 40,000 square feet of pier/boathouse construction) at full build -out of the development in combination with the requested community piers/docks of this application and the associated boat traffic shall not have a detrimental effect on the ORW, nursery areas or shell fish population; 4. construction within the AEC (basically, the entire site) be carefully monitored for sedimentation and erosion control, trash containment (windblown garbage to be prohibited), and toxic dumping prohibited; 5. access to the ocean beach from the parking lot be clearly directed using a dune crossover to discourage foot traffic over the dune; and 6. Division of Archives and History notified of the location of this site. The potential for pollution of the ORW by this and similar construction projects is high. Every effort should be made to mitigate for these impacts. Ideally, individual piers and docks would be limited to no covered areas and only one boat slip, and the community pier eliminated or shortened following the suggestions of the Field Investigation Report. cc: A. Vause P. Pate C.R.Stroud, Jr./file J. Russell Page Three AMENDMENT A , ... RELATED POLICIES AND IMPLEMENTATION MEASURES: A-1. Areas of Environmental Concern: North Topsail Beach's overall policy and management objective for the Estuarine System, consistent with the State 7-11" standards, is "to give the highest priority to the protection and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources... for development within the Estuarine System. (p.48) a. Coastal Wetlands (p. 49): 1. It shall be the policy of North Topsail Beach that the first priority for uses of land in these areas should be the allowance of uses which promote "conservation" of the sensitive areas, with conservation meaning the lack of imposition of irreversible damage to the wetlands. b. Estuarine Waters and Estuarine Shorelines (p.49): ...the Town is very much aware that protection of the estuarine waters and adjacent estuarine shorelines is of paramount importance to maintaining the delicate balance necessary for the healthy proliferation of marine life and waterfowl... As one of its toR priorities, North Topsail Beach wants to protect the existing relative pristine nature of these waters. 1. In order to promote the quality of the estuarine waters as well as minimize the likelihood of significant property loss due to erosion or flooding, North Topsail Beach will permit only those uses which are compatible with both the dynamic nature of the estuarine shorelines and the values of the estuarine system. Residential —use may be permitted within the estuarine shoreline (75' inward to the mean high waterline of the estuarine waters; 575' from the mean high waterline of estuarine ORW's), provided that: a. A substantial chance of pollution occurring from the development does not exist; b. Natural barriers to erosion are preserved and not substantially weakened or eliminated; c. A vegetated 40' buffer is maintained wherein removal of any vegetation 3" or greater at the base is prohibited, unless such provision prohibits a permitted use. Removal of such vegetation shall be minimized; e. Standards of the NC Sedimentation and Pollution Control Act 1978 and as amended 1990, are met; f. Development does not have a significant adverse impact on estuarine resources; 3. The top priority of North Topsail Beach is for the AEC estuarine shoreline to be maintained in a manner consistent with state and local development standards. d. Outstanding Resource Waters Estuarine Shoreline 1. The density and types of development in the 575' ORW impact area should be regulated in order to protect the quality of the waters. At a minimum, State imposed standards should be adhered to. (see page 56, items 5 Development within Impact Areas) ' 2. Commercial or recreational marinas abutting ORW's are considered to be an undesirable use of land and waters in the ORW area. A-2. Areas of Environmental Concern: Ocean Hazards Areas 4. The Town of North Topsail Beach recognizes the importance of its frontal dunes and related vegetation, which add stability and natural protection to the barrier island. As a general policy, the Town does not want to see any development which will destroy these dunes. S. The Town of North Topsail Beach believes that only constructed "walkways" or cross walks, should be used to cover over the dunes. 6. For existing and previously disturbed dunes, North Topsail Beach believes that efforts to replant or re -vegetate these vital ocean front landforms, should take place. Implementation 3. Oceanside developers, by ordinance (subdivision and/or zoning) will be encouraged to provide appropriately constructed dune crossovers. (p.55) A-3. Physical Constraints to Development: c. Cultural Resources: The significant cultural and archaeological resources of North Topsail Beach,... have been documented. The Town recognizes that these are valuable resources which need to be protected. In order to ensure proper identification and preservation of significant archaeological resources, North Topsail Beach will notify the NC Division of Archives prior to the development of previously undisturbed areas... d. Development in Proximity to ORW's (p. 56): (1) ...North Topsail Beach, by all means desires to see the integrity of (the Stump Sound ORW) waters enhanced and maintained. (4) All development within the ORW impact area shall be setback according the requirements established by the State of North Carolina and shall maintain consistency with previously stated buffer requirements. (5) Maximum lot coverage within the ORW impact area shall be 25%. B-5. Impacts of Any Development on Resources(p.61): All permitted development, according to the Town's Zoning Ordinance, shall strictly comply with State CAMA use standards (7H), so as not to cause adverse impacts upon any AEC or other fragile resource identified in this plan. Both residential and commercial development may be permitted within the estuarine system (including ORW), as long as they comply with other Resource Protection policies of North Topsail Beach. C-1. Community Attitude Toward Growth(p.62): a. Generally, North Topsail Beach believes in managing and directing the Town's growth and development in balance with environmental protection and enhancement... b. That population growth and land development should be based on: 1) the suitability of land to accommodate the use ... 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 1� rr �� 41 7c:�n Forko-- Mr. Charles L. Watson May 9, 1996 C A MA Island Development Group, Inc. Post Office Box 949 Conway, South Carolina 29526 Subject: Permit No. SW8 960319 Cape Island Subdivision Low Density Subdivision Stormwater Project Dear Mr. Watson: Onslow County The Wilmington Regional Office received the Stormwater Application for Cape Island Subdivision on March 18, 1996, with final information on May 9, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 960319 dated May 9, 1996, to Island Development Group, Inc.. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Greg Stuffs or me at (910) 395-3900. Sincerely, C-),i'c(- S l--\t'./c F O k�,L, Dave Adkins C*4AGEA1jNT Regional Water Quality SupeDA/ges: S:\WQS\STORMWAT\PERUM960319.MAY cc: Gordon R. McAdams, P.E., Parker & Associates James Gurganus, Onslow County Inspections �Vihrungton. Regional Office w�Central Files Greg Stuffs Division of Coastal Management P.O. Box.29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesB. Hunt,Jr., Governor Jonathan B. 1-bweSsec rate ry A. Presto n Ho w a rd, Jr., P.E., D irec to r July 11, 1996 Onslow County DWQ Project # 960080 COE# 199603660 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Island Development Group, Inc. P.O. Box 949 Conway, SC 29526 Dear Sirs: You have our approval to place fill material or shade in 0.18 acres of wetlands or waters for the se of constructing a residential development purpo road crossing and boat ramp at Cape Island subdivision, as you described in your application dated 12 June 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you thi change your project, you must notify us and you may be required to send as a new application. For s approval to be valid, you must follow the conditions listed in the attached certifkcation. Deed restrictions —� shall be placed in all lots with remaining jurisdictional wetlands to prevent future fill. The CAMA permit federal, state or local permits before you go ahead with your project th no more than three bedrooms until should contain conditions to only allow the construction of 24 lots wi the North Topsail Water and Sewer Plant has additional capacity. In addition, you should get any other If you do not accept any 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 Norh Carolina General Statures to the g, send f Administrative Hearings, P.O. Box 27r a h 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 Water Quality under Section 401 of the Clean Water Act If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office 1vfr. John Domey Central Files John Parker, DCM Gordon McAdams; Parker and Associates Sincerely, l ton Hr1P.E. Division of Water Quality ' Environmental Sciences nch 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/10*/< post consumer paper y State of North Carolina ,D6partment of Environment. Health and Natural Resources Division of Environmertal Management James 6. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P E., Director Mr. Bennie J. Tripp, Vice President North Topsail Water and Sewer 1168 New River Inlet Drive North Topsail Beach, Nurth Carolina 28460 Dear. lvtr. Tripp May 3, 199!; = -- f i Subiecr. Permit No. WQ0012128 North Topsail Water ;,nd Sewer Sewer Extension Onslow County In accordance with your application received February 29, 1996, we are fon.arding here-,;er Permit No. WQ), n)?211-8, dated May 3, 1996, to North Topsail W'aier and Sewer foe the construcoor: and -�peraticn cl-b- suoje.' wastewater coiiection extension This permit shall be effective from the date of issuance until rescinded and shall be subje,1 to the conditions ae,d li:tutations as specified therein. If any parts. requirements, or limitations contained in teas permit are una.cev—,a_:" .,u h .a I :: right to request an adfudicatory hearing upon written request wiu in thirty (30i days f_ 1.2,. rg re:xita of this permit. This request must be in the form of a written petition, conforming to C`: p er 1 5uB of the North Carolina General Statutes, and filed with the Office of Adtrui.:strative Hearin,, P f) l:r: re: 27447, Raleigh. NC 27611-7447, Unless such demands are made this perntit shall tw lvial grid bi:,dut= One set of approved plans and specifications is being forwarded -,o you if yr:: oce;l addiic',tia; information concerning this muter, please contact Rick Moore at (919) 733-ub: ext ^:sac^ 527. Sincerely, A Prestcf Fica:ard -, P.E` cc: Orslow Count} Health Department Wilmington Rebrional Office, Nk aier Quality St -:::ion Parker and Associates, Inc. Post -It' FaX Note ; 671 Dale $�.-5._� !�}► _ To J/ From ) !: apt P.0 5cx <^8535. Pale,)M. P+C T• Cal,- -. _ .. •-i53° A r ;:.ai opix -r tr AY rma: tie A. i M H-- v NORTH CAROLINA ENVIRONMENTAI. MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH RASTEWATER COLLECTION PERNIIT In accordance with the provision; o Article 21 of Chapter 14 Genera? Statutes of North Carolina a; amended. and _:-her applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO 'forth Topsail Water and Sewer Onsiow Countti FOR THE constrvet r;a ar, , of approximately 2,478 linear feet of 8 inch gravity sewer, an 80 GPNI pump station gh water alarms, power reliability and approximately 1,575 linear feet of 4 inch fa:, ree bedroom homes in Cape Island Subdivision and the discharge of 8,640 GPD of coiiectc ��J-;Itewater into the North Topsail Water and Sewer's existing sewerage system, punuanr u.< .- :,.,:.;on received February 29, 1996, and in conformity with the project plan, specifications, and outer' supporting data subsequently filed and approved by the Department of Emirunment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shad be subject to the following specified conditions and limitations: 2. This permit shall become voidable unless the facilities are constructed in accordance with the eondil- r;, .)f :his permit, the approved plans and specifications. and other supporting data 2. This permit is effective only with respect to the nature and volume of wastes described in the apph,ation and other supporting data. The facilities must be properly maimain�S a:,d oper::ted at all tones. The sewage and wastewater collectc,i r . this stem :hail be treated in the North Topsail Water and Sew;:; 1A astewater Treatment Fa. ih;. pncr to being land applied by spray irrigation. This ;tirrr-it is not transferable In the event there is a dcs-rc for the facilities to change ownership, or there t< a name change of the Pcr[, +tree, a formal permit request must be submitted to the Division of Ern ironmental Management accompanied by an application fee, documentation from the parties in,olved. and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and rrtay or may nrt•be approved, 6. CVnCiruction of [he sewers pump station(sl and force main shall be scheduled so as not to interrupt ser.[ : by the exist:ng utilities nor result in an overflo%> or r,pass discharge of w;l<te`.,a'.r :i, ti1C �xla,:e of the State. ILIliIv5T0ia kEaIOld � OFU- 7. Upon completion of construction and prior to operation of this pennfaed facility, a certification must be received from a professional engineer certifying that the penntned facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials Mail the Certification to the hater Quality Permits and Engineering Urut, P.O. Box 29535, Rtdeigh. NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of constructio:,. 9. Failure to abide by the conditions and Limitations contained in this pen it may subject the Pertnrttee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-2115.6(c). 10. The issuance cf this permit does not preclude the Permittee from complying with any and all statutes. rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so -that 2-R pumping cycles may be achieved per hour in the PUMP station, b. An air relief valve located at ail high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained. f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Perntinee shall take immediate correeuve action. including those as nray be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Wilmington Regional Ofnce, telephone number (910)395-3900 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or .Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility Persons reporting such occurrences by telephone shall also file a «rit;en report in lctrer form sithrn five (5) days follo%N ing first knowledge of the occurrence. This report mi,t onlline the actions tAen or proposed to be taken to ensure that the problem doea not iccur. 1, 14. No flour in excess of the quantiry permitted herein shall ti�e made tributary to the subi--::t se.: er system until an application for pc:rntrt mod!ticanon for an increase in ito%k }tap !;gen 5:i 'i!i:P. t., and approved by the Division of Environmental Management. 15. If future plans modify the alignment of this approved sewer elxtem.iori, including but not hm *ed to the redirection of the flow to the existing Villa Capriani Reso^ pump stat!or!, or if the pump capaciry changes, a modification of this pe.^.nit shall be. required 16. A stormNater management plan must be submitted to and approved by t"e Wilrrungton Region I Office in accordance with 15 NCAC 2H .1000. Permit issued ties the 3rd day of May, 1996. NORTH CAROLUNA ENVIRONNIEN+TAL Iv ANAGE,%E TCO:f..NIISSi0N i' A. Preston lloward. Jr., P.E., Director/ / I Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0012I28 i io: jonn Lorney Envibnmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON WQ SUPERVISOR: ADKINS Pt DATE: July 3, 19% WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: % PERMIT NO.: 960M COUNTY: Onslow PROJECT NAME: Island Development Group / Cape Island Subdivision PROJECT TYPE: Subdivision PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: June 6, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030502 *STREAM OR ADJACENT WATER BODY: Mason Creek, Alligator Bay and Norman's Creek CLASS: SA ORW STREAM INDEX #: 19-39-3 *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: OTH, SM WL REQUESTED: 0.16, 0.004 WL ACR EST: yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: May 9, 1996 PROJECT DESCRIPTION: The applicant proposes the development of a 61 lot residential subdivision. Amenities include a boat ramp facility and community pier. The construction of the entrance road will impact approximately 0.16 acres of 404 wetlands and has been applied for under a separate NWP 14 request. The construction of the boat ramp will result in the filling of approximately 180 sq. ft. of Spartina alterniflora marsh. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL /,'/ TYPE OF DISPOSAL PROPOSED: Proposed connection to North Topsail Water and Sewer,1 ZY �? TO BE PERMITTED BY: DWQ DD IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: See note below WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 7,149 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOS r,%4 z OF RESOURCE? N/A �F IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A ybq��9 6 V0004U.JU1 ;1 Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: Sewer service for the proposed subdivision will be provided by North Topsail Water & Sewer. Currently, the developer only has approval for sewer connections to 24 of the 61 total lots. The developer also has approval for the constriction of dry sewers to serve the remaining 37 lots once North Topsail Water & Sewer gains additional capacity. The 24 lots that were approved for sewer connections were only approved for three bedroom dwellings. rIt is recommended that the CAMA Permit contain specific conditions that only 24 lots may be developed and that each lot may have no more than three bedrooms. EIt is also recommended that deed restrictions be placed on the lots to prevent any further wetland disturbance within the subdivision. cc: Central Files Wilmington Regional Office Files DCM-Janet Russell John Parker North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary August 2, 1996 lu F4 uS:d►DI TO: ✓John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer Army Corps of E sneers,, Wilmington istrict FROM: David Brook �(Vl/-iC� Deputy State Historic Preservation Officer SUBJECT: Cape Island Subdivision, Onslow County ER 96-9149 Division of Archives and History Jeffrey J. Crow, Director We have reviewed the permit application by Island Development Group for the Cape Island Subdivision in Onslow County and entered into protracted discussions with the applicant due to the presence of archaeological site 31ON190. Site 31ON190 is believed to encompass the entire high ground portion of the tract and is considered potentially eligible for listing in the National Register of Historic Places. Consultations with the applicant have resulted in their developing with Garrow and Associates, Inc., an archaeological consulting firm, an agreement to cover the needed testing and evaluation of the site, plus data recovery and mitigation activities if warranted. Based on our consultations with the applicant, we recommend that the following condition be made part of any permit issued for the project: The permittee shall undertake and complete the Scope egffflork outlined, -4- Garrow & Associates, Inc., Cape Island Agreement atta h;;'and, prior to any construction activities other than the road work and the associated installation J of utilities, carry out the Phase III Work fieldwork defined in the agreement. 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. These comments are being provided via facsimile and will be followed with a hard copy via regular interoffice mail. DB:slw RECEjVEO Attachment w AUG 6 1996 CUAS1NL cc: Gary Joyner, Petree Stockton, L.L.P. �p MANAGEMENT 109 East Jones Street • Raleigh, North Carolina 27601-2807 `� State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM A01 AC I)EHNF=?L 13_ August 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: Bruce Freeman, Director Division of Marine Fisheries SUBJ: CAMA/Dredge & Fill Permit Application for Island Development Group (Cape Island Subdivision) I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur with their recommendation(s). (initial) tom. THE Director Deputy Director Planning & Analysis Supervisor P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources AJ Division of Marine Fisheries James B. Hunt, Jr., Governor p E H N F1 Jonathan B. Howes, Secretary Bruce L. Freeman, Director 13 August 1996 MEMORANDUM TO: John Parker Major Permits Processing Coordinator THROUGH: Mike Street/ FROM: P.A. Wojciechowsk SUBJECT: CAMA/DREDGE AND FILL PERMIT APPLICATION Island Development Group (Cape Island Subdivision) The Division of Marine Fisheries offers the following comments on the subject application as provided in General Statute 113-131, The project area borders on three Primary Nursery Areas (and very productive shellfish areas), Mason Creek, Alligator Bay, and Norman's Creek). The Alligator Bay area is one of the most productive estuarine areas in coastal North Carolina. These waters carry the highest water quality designation: PNA, SA, ORW. This project is only one of many projects affecting these sensitive areas. The proliferation of developments along these water bodies will have a long-term effect on the production of shellfish and other species which thrive in these Primary Nursery Areas, as well as on water quality. The preservation of the fisheries is a public trust responsibility of the State. All coastal resources managers have the authority and responsibility to not only take in account the State's fisheries resources, but to also consider the ecological system sustaining the fisheries resource whenever public trust lands or waters are at issue. It is our very strong view that these developments are being permitted without adequately considering the cumulative impacts that they present. Many unanswered questions must be addressed prior to approval of this permit or any future development in this area: What will be the effect of the extensive land clearing? Will run-off from these cleared lands result in degradation of the waters? Will these developments cause shellfish closures? What is the impact of the multitude of piers and potential piers on water quality, public trust resources, and navigation? What impact will the filling of the wetlands have on the nutrient flow? Over the last several years we have raised serious questions about the cumulative impacts of several developments in the AlligatorBay/Mason Creek area. Nonetheless, permits have been issued. It is our professional opinion that cumulative impacts will result in degradation of water quality and habitat. In order to properly consider the cumulative impact of this project it is strongly recommended that an Environmental Impact Statement be prepared prior to any further action on this proposed project. If an EIS can not be prepared to address this Divisions concerns, we must insist that this project be denied. PAW/bc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina .Departlment of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Fl?ger N. Schecter, Director MEMORANDUM: TO: I2;ZI] J IA June 5, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Island Development Group/Cape Island Subdivision Project Location: Hwy 1568, North Topsail Beach Proposed Project: A 61 lot residential subdivision with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form L• June 26, 1996. 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 1 = 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 June 12, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator Allvr [DEHNR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Cape Island Subdivision/Island Development Group PROJECT LOCATION: Hwy. 1568, N. Topsail Beach, Onslow Co. PROPOSED PROJECT: Proposing a 61-lot residential subdivision with amenities. Please indicate below your agency's position or findings on the proposed project as it relates to 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 intra-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. mot/ It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. QMAf' S-u,a.. r?- o /r ,4•r .tvy"VO-/ �torr/'1 �� •,s...� Ga,EJ TG �. �...- u..3/. Signed Date ��9G aiy C—iti C1i°Y c-i S-acs✓fy p� nT/Lriv i/✓ l7.C,ErJ y q,1-✓xy war /c.^�r /jcs9i crr� :O,A�7 /l /y19y I?f'Y P.O. Box 27687, N7� 4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, r An Equal Opportunity/Affirmative Action Emr Voice919-733-2293 M1 50% recycled/ 10% post -consumer pap A 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 June 12, 1996 TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator 1DEHNR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Ccape Island Subdivision/Island Development Group PROJECT LOCATION: Hwy. 1568, N. Topsail Beach, Onslow Co. PROPOSED PROJECT: Proposing a 61-lot residential subdivision with Rr0a J ANOASTALT Please indicate below your agency's position or findings on the proposed project as it relates to 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 intra-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. e_ It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. MAP S2c ari/ri it �r kiYniO! OC�NR/ ;� ems. ,a Go er To Lv, a s� /1fAr,` OL dC(iiv, Signed Date R/LGomMGa a%d Crib Csr°y' r/i iu.zv(y MYr�i�DNio �/✓ OdGb Stitt✓,cy wrr /-ter /�r�ic��',d+Gst i',�y/Trl /y//ly �9�f/ P.O. Box 27687, Nif � FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North C Deportment of Health and Nat Division of Coastal James B. Hunt, Jr., G Ve o Jonathan B. Howes, S etc Roger N. Schecter, Director nt, ,t • ,ces )nt �FEE HNFR June 12, 1996 I. ,.. E, MEMORANDUM JUN _ u Icab TO: Ms. Linda Sewall, Director Division of Environmental Health DIV. OF ENVIR9NMENTAL HE47N FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICAN Island Development Group/Cape Island Subdivision ROJECT LOCATI IN: Hwy. 1568, North Topsail Beach, Onslow Co. PROPOSED PROJECT: To construct a 61- lot residential subdivision with amenities. RECEIVED JUL 101996 p1lAiviv"t'dENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 3,1996 "If ybu 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. l� Date �7 1 a,4A�,�,, fWerl- OC,) wl P.O. Box 27687. " FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nif An Equal Opportunity/AfllrmatNe Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper r MEMORANDUM TO: Linda Sewall FROM: Pat Fowler DATE: June 25, 1996 SUBJECT: CAMA Permit Application Review - Island Development Group / Cape Island Subdivision - Onslow County 104-e-4 This area is a popular shellfishing area and is open to harvesting. The project description section of the Field Investigation Report indicates that a possible 160 boat slips could be constructed without major CAMA development permits. Addition of residential piers on the lots affronting Alligator. Bay, Mason Creek and Norman's Creek would require reevaluation if a recommended closure is required. If developement continues in this area this could at a later date jeopardize the open status of the adjacent waters. Nb/Y011yyb 1Z'.0 1''31"4bb9bb RENN TAFF PAGE 02 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 June 12, 1996 MEMORANDUM 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 Reviews 886 COASTAL APPT.TCAN-r: Island Development Group/Cape Island Subdivision MANAGEMENT - t PROJECT LOCATION: I lwy. 1568, North Topsail Beach, Onslow Co. C PROPOSED PROJECT: To construct a 61-lot residential subdivision with amenities. Please indicate below your agency's position or viewpoint on the proposed and return this form by July 3, 1996. If you have any questiucm 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. r y . This agency has no comment on the proposed project. JLX— Thin agency approves of the project, only if the recommended changes are incorporated. Ste attached. '� "Mis agency objects to the project for reasons described in the attached comments. Signed t�5�Date � v2 S P.O. Box 27687. FAX 919-733-1495 Rdu!U i, North Cexolina 27611-7667 An Equoi OpporturNty/AftlrtnCMve Action Employer Voice 919-733-2293 5c% recycied/10% post -Consumer pcper ® North Carolina Wildlife Resources Commission KN 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: Franklin T. McBride, Manager Habitat Conservation Program DATE: June 25, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Island Development Group/Cape Island Subdivision, Town of Topsail Beach, between Alligator Bay, Mason Creek and Norman's Creek, Onslow County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. A site visit was conducted on June 20, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-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 construct a 61-lot subdivision with amenities. The proposed amenities include a boat ramp with docks, 110 ft. bulkhead, and 100 ft. x 6 ft. pier with a 10 ft. x 10 ft. gazebo at the waterward end. Utilities to be installed include water and sewer. The water will be provided by Onslow County. The sewer service approval is pending. North Topsail Water & Sewer, a private company, provides sewer service to this area, but their facility is at capacity. Waters at the site are classified as SA-ORW and are open to shellfish harvest. The waters are also designated as primary nursery area by Division of Marine Fisheries. Mason Creek has shellfish leases and is said to be a highly productive area. We are very concerned that the high quality resources of Alligator Bay and Mason Creek will be significantly degraded by primary and secondary impacts associated with development. Land surrounding Mason Creek is beginning to undergo intensive development from this subdivision and a proposed 38-lot Crystal Shores Subdivision. Prior to the construction of these two subdivisions, steps should be taken to minimize the impacts to the primary nurseries, open Cape Island Subdivision 2 June 25, 1996 shellfish areas and the shellfish leases. The Town of North Topsail Beach Land Use Plan Map designates this property as a recorded archaeological site which means that this area has high probability for containing significant archaeological remains. The developer of this subdivision, Island Development Group, has no plans to restrict the individual lot owners from building piers, docks, ramps, boathouses, etc. The Cape Island project has 61 lots with a potential for 35 to 40 private piers, docks and boathouses plus the community pier and boat ramp should it be authorized under this permit. Each private pier can conceivably have 4 boat slips. The potential private boat slips for this development number at least 160, plus a small number that could tie up to the community dock. Increase in runoff, boating use and construction in the water will likely result in negative water quality impacts in waters designated as SA-ORW, primary nursery, open to shellfish harvest and contain leased shellfish areas. We realize that a permit will be issued for this project; therefore, we recommend the permit be conditioned as follows: 1. We recommend that only community boat docks be allowed and that deed restrictions be placed on all lots prohibiting the construction of private piers and docks. � o ` 2. To protect the wetland buffers between the uplands and the surface waters we recommend that subdivision covenants prohibit individual lot owners from filling wetlands. 3. To minimize turbidity impacts in a primary nursery and an area open to shellfish harvest we recommend that water dependent construction be prohibited between April 1 and September 30. G 4. Wet cement in contact with water is toxic tt tic organisms; thereforel� O Teeommne"the cement slabs for the boat ram tie poured on an upland site and pushed into place once hardened. 5. Since the waters are designated as SA-ORW, primary nursery, open to shellfish 1 harvest and contain leased shellfish areas, the permit should clearly state that no dredging will be allowed for this project or for future projects. 6. In order to fully document the quality of the surface waters and productivity of the primary nursery and shellfish areas, we request the applicant or their consultant sample the areas of Alligator Bay, Mason Creek and Norman's Creek adjacent to the project. Sampling should occur prior to any additional impacts. For correct sampling procedures contact DEM Water Quality Section and the Division of Marine Fisheries. We appreciate the opportunity to review and comment of this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. acme or imur1.r1 t arum a '—Zepartment of Environment, Health and Natural Resources Wilmington Regional Office Diyision of Coastal Management .tames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director TO: FROM: June 5, 1996 Mr. Charles Gardner, Director Division of Land Resources TR;IWFA E)EHNR John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review 1, A I Applicant: d Development Group/Cape Island Subdivision O ? WFIVEQ Project Location: Hwy 1568, North Topsail Beach JUN 11—A ._ Proposed Project: A 61 lot residential subdivision with amenitiesY1Hi� Please indicate below your agency's position or viewpoint on the proposed project AVZ t n'this form by June 26, 1996. 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. �MUJCAT.r.1 L ezostors CcrJT 2tt. toMe APPEaML vM,%T 'Be oBrnicVeD Fog Tits 'Mc ECT er+�y'iC� ! MoQ ToGQ,IDrA�G This agency objects to the project for reasons described in the attached comments. SIGNED DATE 199L 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 June 12, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: QIsland Development Group/Cape Island Subdivision PROJECT LOCATION: Hwy. 1568, North Topsail Beach, Carteret Co. PROPOSED PROJECT: To construct a 61-lot subdivision with amenities. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 3, 1996. If you have any questions regarding the proposed project, please contact John Parr at 733- 2293. When appropriate, in-depth comments with supporting data are requested. 12 / �UN�jE9 REPLY ` This agency has no objection to the project as proposed. � 2.1 1996 MANAGEMENT This agency has no comment on the proposed project. kn Z4 This agency approves of the project, only if the incorporated. See attached. This agency *cc the project for reasons described in the attached comments. Signed ��/ � Date - &V6AI< /AJV04-✓.,✓o- Sly /.5,eF- /o-ra-fr-r-oe=-u�Ay „^Jsr 3 � Rivkweo s+.�e R/�rw��n trF/zevo-.� t�/sTAKT dFGete t Ar N Lw R-ta.a/. �y P.O. Box 27687, Nif . FAX 919-733-1495 Raleig Carplina 27611-7687 An Equal Opportunity/Atflrmative Action Employer Voice 919-733-2293 -� 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: FROM: June 5, 1996 Mr. William A. McNeil, Director Division of Community Assistance Q�� EDFEE HNR John R. Parker Major Permits Processing Coordinator SUBJECT: DREDGE &FILL Permit Application Review Applicant: Island Development Group/Cape Island Subdivision Project Location- 68, North Topsail Beach Proposed Project: A 61 lot residential subdivision with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 26, 1996. If you have any questions regarding the proposed project, please contact Janet kussell 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. T/ 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 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer r North Carolina Department of Commerce James B. Hunt, Jr., Governor MEMORANDUM TO: John R. Parker111nnnIIl FROM: Tom Cassell DATE: June 7, 1996 a SUBJECT: Island Dev. Group/Cape Island S/D North Topsail Beach S. Davis Phillips, Secretary Due to the resources and the high quality waters surrounding this project, would it not be appropriate to require community access piers in place of individual lot access piers? JO�11 N�GEM��T Division of Community Assistance 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone 910-350-2002 • Fax 910-350-2004 E-Mail: cassefl@wiro.ehnr.state.nc.us 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 June 12, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator A4 EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: sland Development Group/Cape Island Subdivision PROJECT LOCATION: Hwy 98, North Topsail Beach, Onslow Co. PROPOSED PROJECT: To construct a 61-lot residential subdivision with amenities. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 3, 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. r�IJG Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 r N�`�CAn FAX 919-733-1 Equal Opportunity/AfflrmatNe A foyer Voice 919-733-2293 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 1�r 1DEHNFR June 12, 1996 MEMORANDUMto 9� y� TO: Mr. Joe Henderson, Acting Directo State Property Office & Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Island Development Group/Cape Island Subdivision PROJECT LOCATION Hwy 1568, North Topsail Beach, Onslow Co. PROPOSED PROJECT: 9�01�1213 74 7570 JUN 1996 0 It lieceived N State ry s 1erty Off ��F ti�ti \628ZLZ92c' J Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 3, 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. REPL�'✓ This agency has no objection to the project as proposed. a lol — �$' '-•�Q �ub.d�.n.,d..�ac��-+� o'v`s„�i..., , This ag cy has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. j�This agency objects to the project for reasons described in the attached comments. Signed Date I L 9L P.O. Box 27687, Z, FAX 919-733-1495 N Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50% recycled/10% post -consumer paper Wate 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 June 5, 1996 MEMORANDUM: TO: Susan Daughtry, LPO Town of North Topsail Beach 1 :ROM: John R. Parker Major Permits Processing Coordinator Si<TMCM CAMA/DREDGE & FILL Permit Application R JU �� Applicant: Island Development Group/Cape Island Subdivisi D JUN 1 1 1996 Project Location: Hwy 1568, North Topsail Beach DIVISION OF Proposed Project: A 61 lot residential subdivision with amenities COASTAL MANAGEMENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 26, 1996. 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. REPL�� ✓ This agency has no objection to the project as proposed. RECENEO JUN 11`996 This agency has no comment on the proposed project. Mkta44GCM9 MT This agency approves of the project only if the recommenXill hanges incorporated. See attached. 9 This agency objects to the project for reasons described in the attached comments. �heLcn ��Q t VAC bc� 7ivn 00 aPt-L Ali /99(0, SIGNED OO i DATE 127 Cardinal Drive Extension, Wilmin on, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ,.. c DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF July 29, 1996 Regulatory Branch Action ID No. 199603660 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 Island Development Group, Inc. for a Department of the Army permit to develop a 61-lot residential subdivision, involving the placement of fill in approximately 0.17 acres of vegetated and non -vegetated wetlands and shading approximately 700 square feet of water for a pier, in Norman's and Mason Creeks, on Stump Sound, at the Cape Island subdivision, across from Villa Capriani, in North Topsail Beach, Onslow, County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No excavated or fill materials will be placed at any time in any ' 9vegetated wetlands or waters other than the material placed within the footprint of the road crossing. 3. No vegetated wetlands will be excavated. 4. The permittee's scheme of development, of which the authorized work is a part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for Q the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. v 5. 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 Uni3AIANAONeNT States. A I . >--10 6. 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. ^ %3 7. 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. 8. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 9. This permit does not grant any property rights or exclusive �- privileges. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, p 41��— . 1� effrey H. Richter Project Manager Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner 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 IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Blind Copy Furnished: CESAW-CO-RS/Ramel Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 - Y64J-4j United States Department of the Jeffrey H. Richter Regulatory Branch U.S. Army Corps of P.O. Box 1890 Wilmington, North Dear Mr. Richter: FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 11, 1996 Engineers Carolina 28402-1890 REd JUL 1996 MASrAL MANAGEMENT This is the report of the U.S. Fish and Wildlife Service (Service) on Public Notice (PN) ID #199603660, dated June 12, 1996. Island Development Group has applied for a Department of the Army (DOA) permit to develop a 61-lot subdivision with streets, utility installation, and amenities. The proposed development is within the jurisdictional limits of the Town of North Topsail Beach, Onslow County, North Carolina. This report is submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be used in your determination of compliance with the Environmental Protection Agency's 404(b)(1) Guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. According to the field investigation report by the North Carolina Division of Coastal Management (NCDCM), the direct impacts of the proposed development would be limited. The project would fill approximately 0.16 acres of wetlands for construction of an access road, 180 ft2 of a Spartina alterniflora coastal fringe marsh for a community boat ramp, and seven acres of uplands for other amenities. The report notes that each lot would be buildable without filling Federal or coastal wetlands. However, the report states that the subdivision has the potential for 35- 40 private piers, docks, and boathouses in addition to the community pier and dock. These additional facilities are due to the fact that the NCDCM currently allows each owner of a waterfront lot to build a pier, a 500 ft2 dock, a 500 ftz boathouse, a boat ramp, and maintain mooring slips for four boats. The field report states that wetlands in the project area have been designated a primary nursery area by the North Carolina Division of Marine Fisheries. A primary nursery area is an estuarine area where fish may undergo initial post -larval development. The report also states that surrounding waters have been classified as Outstanding Resource Waters (ORW) by the North Carolina Division of Water Quality. The Service has reviewed the National Wetland Inventory (NWI) Map and an aerial photograph of the project site. The NWI indicates that portions of the project shoreline contain estuarine, intertidal wetlands with persistent emergent vegetation. Tidal inundation is shown as both regular and irregular. These data are consistent with the plant community known as a coastal marsh which was mentioned in the field report. Service policy regarding mitigation of damage to habitats considers both the value of those habitats to fish and wildlife and their relative scarcity. The Service considers coastal marshes to be very productive ecosystems and to provide both direct and indirect support for many species of fish and wildlife. During low tide intertidal flats are important foraging areas for many species of shorebirds and long-legged wading birds. Estuarine fish in North Carolina are dominated by species residing in the estuary as larvae or juveniles, using the estuary as nursery or feeding habitat, but spawning offshore in the Atlantic Ocean. Abundant species in the "nursery use" category include Atlantic menhaden (Brevoortia tyrannus), Atlantic croaker (Micropogon undulatus), spot (Leiostomus xanthurus), star drum (Stellifer lanceolatus), mullet (Mugil spp.), and weakfish (Cynoscion regalis). Species that are estuarine endemics, or permanent residents, are also abundant. Species in this group include bay anchovies (Anchoa mitchilli), killifishes (Fundulus spp.), and silversides (Menidia spp.). Anadromous species, such as blueback herring (Alosa aestivalis), American shad (Alosa sapidissima) hickory shad (Alosa mediocris), alewife (Alosa pseudoharenaus) striped bass (Morone saxatilis), and Atlantic sturgeon (Acipenser oxyrhynchus), use estuaries as transportation routes to freshwater spawning and nursery areas. As noted, the direct losses of wetlands for the proposed development would be relatively minor. However, the Service is concerned that the. resent application does not su icien - �- --- address the likely indirect or -secondary impacts of this residepment. Secondary impacts are environmental effects that are caused by or will result from the proposed action. While secondary impacts happen later in time, they are reasonably certain to occur. Within the proposed project each waterfront landowner is authorized to build a pier, a dock, a boat ramp, a boathouse, maintain mooring slips. The combined impact of these facilities could result in the permanent loss or degradation of over 1,000 ftz of estuarine wetlands per lot. If the maximum number of waterfront lots remains at 40, as stated in the DCM field report, the proposed development could ultimately impact approximately 40,000 ft2 (0.92 acre) of estuarine wetlands. The Service believes that the loss or degradation of almost one acre of estuarine wetlands in the project area would adversely affect fish and wildlife resources in the Alligator Bay area. The direct loss of estuarine wetlands would reduce primary production in the area and eliminate the food source and habitat for many invertebrates which are the base of the food chain for important species of fish, birds, and coastal mammals. The Service maintains that it is more appropriate to consider the environmental impacts of a coastal subdivision as a single unit rather than a host of very small individual impacts. Our evaluation of the permit application suggests that some future wetland impacts are likely after the subdivision is constructed. While the precise amount of wetland losses cannot be determined, it is likely that future landowners will eventually avail themselves of legal opportunities to add facilities to their property. It is conceivable that future impacts could occur at a rate of only one to two thousand square feet per year for the next 20-40 years. It is unlikely that any of these small, individual applications would be questioned or require any type of compensatory mitigation. Therefore, the Service believes that the best opportunity to preserve valuable coastal wetlands is to address the issues of avoidance, minimization, and/or compensation at the largest possible scale of development. The Service requests that the Corps evaluate the likely secondary impacts of this project in their consideration of the current permit. The Corps should thoroughly assess whether the applicant has taken all feasible measures to avoid or minimize both direct and indirect impacts. The Service recommends that the Corps consider s ecial conditions on the permit to minimize secondary impacts. One such condition would require the applicant to provide Aft appropriate number of community boating facilities and place deed restrictions on individual landowners. These deed restrictions would prohibit the construction of individual piers, boat ramps, or docks. FlUother condition to mitigate the impacts of the project would be a compensatory mitigation plan for unavoidable wetland losses. The Service has identified no endangered or threatened species, nor critical habitats that would be adversely affected by the proposed project. Therefore, the requirements of Section 7 of the Endangered Species Act are fulfilled. However, obligations under Section 7 of that Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner which was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. In summary, the Service recommends that a DOA permit be issued for the proposed project provided the Corps includes special conditions which ensure that future wetland impacts, which are likely to occur as a result of the permit, are fully avoided, minimized, or replaced by compensatory mitigation. The Service recommends that the permit be conditioned on deed restrictions which prohibit individual landowners from constructing piers, docks, or boat ramps. If the applicant determines that these restrictions will necessitate additional community boating facilities, the permit could be amended to include a maximum area of wetlands which could be impacted. The Service appreciates the opportunity to comment on this public notice. Please advise us of any action taken by the Wilmington District, Corps of Engineers on this permit application. If you have any questions regarding our recommendations, you may contact Howard Hall at 919-856-4520, ext.27. Sincerely, 4tz�r(J Tom Augspurger Acting Supervisor FWS/R4:HHall:7/11/96:WP:A:is1 deve.796 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROUNA28402-1890 REPLY to ATTMM OF Regulatory Branch 1 Action ID. ''''_ a�o_3�b0 Applicant ype work ro(' Waterway ^``J County01S`O wT;2 "S(7; Mr. Larry Hardy National Marine Fisheries Service, NOAA Fivers Island Beaufort, North Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 i 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. John Parker management Division of Coastal North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 �'\m�� � Regional Office Division Coastal Management North Carolina Department of Environment, Health and Natural.Resources Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to J 1, -V. , Field Office, telephone Regulatory Branch, " Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Enclosure \\ l Y 17 _ t"La JUN `19 1996 COASTAL MA14AGEMENI DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY 70 ATrENTX)+OF June 12, 1996 Regulatory Branch Action ID No. 199603660 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 Island Development Group, Inc. for Department of the Army authorization and a State Water Quality Certification to develop a 61-lot residential subdivision, involving the placement of fill in about 0.17 acres of vegetated and non -vegetated wetlands and shading approximately 700 square feet of water for a pier, in Norman's and Mason Creeks, on Stump Sound, at the Cape Island subdivision, across from Villa Capriani, in North Topsail Beach, Onslow County, North Carolina. 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 August 11, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copy 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 SEC NEB JUN 18 1996 CURSIAL MANAGEMENT