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
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`APPROX. MEAN HIGH WATER LINE
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LOW TIDE MARK
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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 ....................
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\—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.
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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:
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JUN 1996 0
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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
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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