HomeMy WebLinkAboutWTH-Ketelsleger,Eva'State of North Carolina
Department of Environment, (�
Health and Natural Resources ��•, b
Division of Coastal Management r
b
James B. Hunt, Jr., Governor FAN
Jonathan B, Howes, Secretary ®�
Roger N. Schecter, Director
July 11, 1995
919.00�leger
P. O. Box 56
Kenansville, NC 28349
Dear Ms. Ketelsleger:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to carry out construction on property located adjacent the Atlantic
Intracoastal Waterway, in New Hanover County. Although processing of the application is
nearing completion, zt i"ii#te is needed for this office to complete the review and make
a decision on your request. Therefore, it is necessary that the standard review time be extended.
An additional 75 days is provided by G.S. 113A-122(c) which would make September 24, 1995
the new deadline for reaching a decision on your request. However, we expect to take action
prior to that time and will do so as soon as possible. In the interim, if you have any question
on the status of your application, do not hesitate to contact this office.
Very sincerely, /✓
Doug Huggett
Asst. Major Permits Coordinator
DH/aw
cc: Tere Barrett
DCM--Wilmington
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
-State of North Carolina
'Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
June 26, 1995
Eva S. Ketelsleger
P.O. Box 56
Kenansville, N.C. 28349
Dear Ms. Ketelsleger:
Please reference my letter to you dated June 19, 1995. The third paragraph
of this letter stated that a "Notice of Permit Filing" postcard was attached which was
to be posted at the property of your proposed development. This statement was in
error. Because you have previously posted such a notice, and this notice is still on
site, no additional actions are required on your part. I apologize for this error.
If you have any questions on this or any other matter, please feel free to
contact me at (919) 733-2293.
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: Tere Barrett
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-715.4100
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 19, 1995
Ms. Eva S. Ketelsleger
P. O. Box 56
Kenansville, NC 28349
Dear Ms. Ketelsleger:
E)lFEE HNF1
The Division of Coastal Management hereby acknowledges receipt of your letter of June
7, 1995 providing additional information concerning the proposed development of your property
located on an island locally known as Goat's Island, located in the vicinity of channel marker
139 in the AIWW. The information is sufficient to allow the renewal of the processing of your
permit application. The projected deadline for making a decision is now JAW~5.
An additional 75-day review period is provided by law when such time is necessary to
complete the review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this letter
will serve as your notice of an extended review. However, an additional letter will be provided
on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various
state and federal review agencies for their comments. If additional information is required based
on this review, the agencies may contact you directly.
Sincerely,
(�y,7
Doug Huggett
Assistant Major Permits Coordinator
cc: Tere Barrett
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
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EVA S. KETELSLEGER
„ NCDL 129164E PH. 919-296-1078 966-25/633 1 415 RUTLEDGE DR.7 P.O. BOX 56juw��I
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KENANSVILLE, NC 28349 t i
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State of North Carolina'�A'
Department of Environment,
Health and Natural Resources AW4
Division of Coastal Management N
James B. Hunt, ,Secretary E) F
Jonathan B. Howes, Secrets C
Roger N. Schecter, Director
May 23, 1995
Ms. Eva S. Ketelsleger
P. O. Box 56
Kenansville, NC 28349
Dear Ms. Ketelsleger:
This letter is in response to your application request under the Coastal Area Management
Act (CAMA) to construct a vacation home and pier on the north end of Goat's Island in New
Hanover County. During the environmental agency review of your application, concerns are
raised over how construction equipment and materials will be brought to the project site. A
further examination of your application shows that detailed information concerning this aspect
of construction is not provided. Consequently, in accordance with NCAC T115A:07J.0204(d),
processing of your application must be terminated until such time as additional information is
provided to this office explaining how materials and equipment will reach the site. This
information should include specific details„ including appropriate mapping, on where and how
the construction site will be accessed, the temporary environmental impacts associated with this
access and construction and how these impacts to environmental resources will be avoided or
minimized.
As required by T15A:07J.0204(d), during the pendency of any termination of processing,
the permit processing period will not run. If the requested additional information does not result
in significant changes to your proposal, the permit processing period will begin at the point
where it was terminated. However, if the additional information results in a significant increase
in environmental impacts, the application will be considered new and the permit processing
period will begin to run from that date.
P.O. Box 27687, Raleigh, North Carolina 2761177687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper
Ms. Eva S. Ketelsleger
Page 2
May 23, 1995
If you have any questions concerning this matter, please feel free to contact me at (919)
733-2293, P. O. Box 27687, Raleigh, NC 27611.
DH/aw
Sincerely,
Doug Huggett
Asst. Major Permits Coordinator
cc: Tere Barrett
DCM--Wihnington
DCM--Morehead City
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 22, 1995
MEMO TO: Fritz Rohde.
l
FROM: Doug Huggett a
Assistant Major Permits Coordinator
e��
IL
E3FEE HNR
SUBJECT: CAMA permit review for Eva Ketelsleger
At your request, the Division asked the applicant to provide additional
information on construction access for the proposed development. Ms. Ketelsleger has
provided a letter that, although not clearly stated, indicates that construction
material and equipment will be transported to a small beach area (indicated on the
enclosed map) by way of a barge. From this beach area, some material will be moved
to the construction site by the use of a crane on the barge. The barge will only be in
place for as long as it takes to offload the equipment or materials. It is also possible
that some equipment will be transported on the ground to the site. which would
likely require the crossing of what the applicant describes as a "very small area of
marsh". This area would be protected through the use of construction matting.
I am providing copies of the letter and mapping from Ms: Ketelsleger. I hope
that this information will be sufficient to allow the Division of Marine Fisheries to
comment on the proposed project. If you have any questions concerning this matter,
please feel free to contact me at (919) 733-2293.
CC: Morehead City Office
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer . 50%recycled/ 10% post -consumer paper
Eva Kilpatrick Ketelsleger
P. O. Box 56
Kenansville, North Carolina 2
June 7, 1995
State of North Carolina
Department of Environment,
Health and Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
Attention: Mr. Doug Hugget
ASSt. Major Permits Coordinator
Dear Mr. Hugget:
y
RECEIVED
JUPI 141995
COAs1AL
MANACONO.il
This letter is in response to the letter of May 23, 1995,
concerning a permit on Goat Island in New Hanover County.
The pier will be at a little beach area. There will be very
little marsh involved, and none destroyed. The pier will come
from the water across the little beach and into the edge of the
trees.
The area from the pier to the hill is canopied with wax
myrtle, youpons, pines, and some poplars. I want to leave this
area as natural as,I can, maybe a boardwalk from the pier to the
house.
The building site has cactus, a little wire grass, and a few
weeds. Less than an acre will be disturbed. I have contacted
Rudy Lanier Construction Company of Sneads Ferry about building
the pier. Lanier has equipment to do this kind of work. He has
put in piers, docks, and marinas along the coast.
As for materials for the building, I am checking into it
being carried over on a barge, and then lifted by crane across
the vegetative area. The barge will be temporary.
Sincerely,
Eva Kilpatrick Ketelsleger
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V"G-0-1-1995 09:12 FROM EHNR WILM REG OFFICE TO CAMR COOPER BLD P.01
'PION R NOCATIOL PROTECTIVEDDESIGN
FEATURES SH SH. BE REQUIREAND THE PRESERVA-
1.1(2) BARRIER ISLANDS WHICH 14AvE THE FOLLOWING FIVE CHARACTERISTICS
SHALL BE DEVELOPED ONLY FOR WATER DEPENDENT USES SUCH AS PLEASURE
BOAT DOCKS AND LANDINGS; THEY SHALL NOT BE DEVELOPED FOR RESIDENTIAL
USE:
a The land is a barrier island or part of a barrier island with a density equal to or less than one
v residential unit per five acres.
�. The barrier island area has been assigned the most severe rank with regard to hurricane forces.
The barrier island area is not connected to the mainland by a permanent network of roads and
bridges that would allow safe and timely evacuation by land rather than by boat.
d. The battier island area does not qualify for the National Flood Insurance Pro;; 7"m as adminis-
tered by the Federal Emergency Management Agency.
ice- c The barrier island area is classified as Conservation in the Land Use Plan.
i_1(3) DEVELOPMENT ACTIVITIES Wt1H TEE 1� YEAR FLOODPLAIN SHALL
CAREFULLY CONTROLLED TO MINIMIZE DEVELOPMENT, ENCOURAGE LOW L.
-Sl
SITY USES SUCH AS OPEN SPACE AND RECREATION, AND ENSURE STRIC' OMPL:
ANCE WITH STATE AND FEDERAL REGULATIONS CONCERNIING WETLAN=-<OTEC-
TION.
1.1(4) SHORELINE EROSION CONTROL AND CHANNEL MAINTENANCE PRO' . ,-=TS
SHALL BE SUPPORTED ONLY WHERE:
a. No significant adverse impacts will occur on shoreline dynamics:
b. Significant economic or recreational benefits will occur for planning area residents: and
c. The public shoreline will be the primary beneficiary in erosion control projects.
1.1(5) DEVELOPMENT ON CLASS IV SOILS AS DEFINED IN THE 1981 TECHNICAL RE-
FOv -I TA
PORT, C IF F
ABRgY SHALL BE LIMITFD AND SEPTIC TANKS SHALL NOT BE ALLOWED.
1.1(6) DEVELOPMENT ACTIVITIES WITHIN THE ESTUARINE WATERSHEDS SHALL BE
CAREFULLY CONTROLLED TO PREVENT THE DEGRADATION OF WATER QUALITY IN
THE CREEKS AND SOUNDS, AND TO ENSURE THE PROTECTION OF THESE VITAL
NATURAL RESOURCES. AGRICULTURE USES, GOLF COURSE CONSTRUCTION AND
MAINTENANCE SHOUBE DD PESTICID LOADING THE C AND COUNTY SHALL D AND OPERATED TO MINIMIZE TO THE ,
REASONABLE, NUTRI
poSt•IP Fax Note �3 o°eoss�
TO�Y-iL%Ji From
W11G-03-i995 08:13 FROM EHNR UJILM REG OFFICE
TO CA1A COOPER BLD P.02
ISK IN HAZARD AREA
EXPOSURE
HAZAR
TO DAMAGING FORCES
of ity
Erosion/
Wave Action/
Flooding
High
= nk
Scour
Battering
Find
OCEAN ERODI
• • •
INLET FLAZA
•
• • •
ESTAliRINE S
• •
0G
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0
WETLAND AE
0
•
A -ZONE
,
REST OF COM`
I
posure Level:
Voderate • O Lo,+
Source: McElyea et al. 1982
TOTAL P.02
NO REVENUE STAMPS
BOOK PACE
1711 1299
RETU;tvcC 1.0
RECORDED c1,0 tRIF1E0
,.; ,%T
MAR,�
REGIc:TER OF DEEDS
NEW HANOVER CO. 140.
'93 OCT 22 PM 3 11
This document prepared by:
Clark, Newton, Hinson & McLean
509 Princess Street
Wilmington, NC 28401 JUi4 '1 1994
DIVISION OF
STATE OF NORTH CAROLINA COASTAL MANAGEMENT
GENERAL WARRANTY DEED
COUNTY OF NEW HANOVER
E.p`y 33 THIS DEED, is made this the �%� day of September, 1993, by
EVA S. KETELSLEGER and husband, LEMAR JOHN KETELSLEGER, GREGORY G.
KERR and wife, LISA KERR, JAMES CARL and wife, SUSAN CARL, DAVID
FERGUSON and wife, CHRISTINE FERGUSON, DONALD R. LATHAM and wife,
MACIE C. LATHAM, H. LAWRENCE SANDERSON and wife, GAYLE H. SANDERSON
and TERESA E. SANDERSON, unmarried, (hereinafter collectively
referred to as "GRANTORS:); to _EVA_-S.rKETELSLEGER, P.O. Box 56,
Kenansville, North Carolina 28349, (hereinafter referred to as
"GRANTEE");
That the said GRANTORS in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations to them paid by
the said GRANTEE, the receipt of which is hereby acknowledged, has
bargained and sold, and by these presents does bargain, sell, and
convey unto the said GRANTEE, her heirs and assigns, a tract or
parcel of land in the County of New Hanover, and State of North
Carolina, more particularly described on EXHIBIT A attached hereto
and incorporated herein by reference thereto.
BOOK PAGE
1711
1300
TO. HAVE AND TO HOLD the aforesaid tract or parcel of land and
all privileges and appurtenances thereunto belonging to the said
GRANTEE and her heirs and assigns forever.
AND the said GRANTORS do covenant that they are seized of the
said premises in fee and have the right to convey the same in fee
simple; that the same are free from encumbrances; and that they
will WARRANT and DEFEND the said title to the same against the
claims of all persons whatsoever.
IN TESTIMONY WHEREOF, the GRANTORS have hereunto set their
hands and seals the day and year first above written.
Lc A Glo (SEAL) p '04 Q g e f�EAL)
EVA S. KETELSL/EGE Z"n
N KETELSLEGE
PCB l� (SEAL) V L' (SEAL)
GREG Y . KERR uFuv 7�
EO /� ( SEAL) i )� IJU�)� ( i�j( ( SEAL )
SUSAN-CARE
(SEAL) l / ��(��s. �� 1C�M� (SEAL)
. LATHAM MACIE C. LATHAM
t_L�AF .V es� �r .1��•`� ( SEAL) ( SEAL )
H. LAWRENCE SANDERSON GAYLE' . SANDERSON
E. SANDERS
-9UXX�,:VA}ROLINA, NEW
�.:dState aforesaid,
;,:KETELSLEGER, perso
-acknowledged the ex(
SEAL
(SEAL)
F7ER� CbUNTY . .._�-
AA NIANAGEUIENtj
ti , a Notary Public of the County
:ify that EVA S. KETELSLEGER and LEMAR JOHN
r appeared before me this day and
on of the foregoing instrument.
Dui? `� i'a94 kA
CHRINE
1.711 1301
Witness my hand and official stamp or seal, this 19 day of
September, 1993.
ueull(k I LILL n -YJ
Notary Public
My Commission Expires:
10A -21
NORTH CAROLINA, NEW HANOVER COUNTY
I, Pat.riria Graanry , a Notary Public of the County
and State aforesaid, certify that GREGORY G. KERR and LISA KERR
persan'ally appeared before me this day and acknowledged the
execution of the foregoing instrument.
itness my hand and official stamp or seal, this 24th day of
;S;eptember, 1993:
Notary Public /
JUN `Z 1994 My Commission Expires:
'r•' DIVISION OF 12-28-94
OWASTAL MANAGEMEN
' :.FORTH CAROLINA, HANOVER COUNTY
C. n /LJ"Z , a Notary Public of the County
and State aforesaid, certify that JAMES CARL and wife, SUSAN CARL,
personally, appeared before me this day and acknowledged the
.execut'on•':of the foregoing instrument.
my hand and official stamp or seal, this 70 day of
Sgtefn]�� 93..
KZ
cPV� vA �% L l �.t ^:
z
NotarPublic
_.
uk>`
My Commission Ex •res:
"'/4mm�ro'•',
i LAW PUBLIC, State of Ne'ri York
NORTH CAROLINA,
A. —Counq
NEW HANOVER COUNTY Tem &pirek�4;k30, 19—L
2, , a Notary Public of the County
and State aforesaid, that DAVID FERGUSON and wife,
CHRISTINE FERGUSON ersonally app ed before me this day and
acknowledged execution of the foregoing instrument.
:N
1711
PAGE
130�
Witness my and and official stamp seal, this day of
September, 1993.
tary Public
My ission Expires:
NORTH CAROLINA, NEW HANOVER COUNTY
I, C f'« ctz , a Notary Public of the County and
State aforesaid,..certify hat DONALD R. LATHAM and wife, MACIE C.
LATHAM, personally appeared before me this day and acknowledged the
execution.of;:•the.'foregoing instrument.
Yyitness;any ,hand and official
stamp or seal, this 0*11A day of
pt`e2.=, 1993.
Notary Public
r�
My Commission Expires:
,NORTH CAROLINA, NEW HANOVER COUNTY
Notary Public of the County and
State aforesaid, certify that H. LAWRENCE SANDERSON and wife, GAYLE
H. SANDERSON an , personally appeared before me
this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal,
September, 1993.
'ItIN ''/ IS Notarytublic
DIVISION OF My Commission
COASTAL MANAGEMENT
this�day of.
BOOK PAGE
1711 1303
�tecxL�auz�-
NORTH CAROLINA, NEW-HANGVER COUNTY
1, G, ". e50w �J/cc /,t/,�cJ a Notary Public of the County
and State aforesaid, certify that Teresa E. Sanderson personally appeared
before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this day of
October, 1993.
~—+—+ OFFICIAL SEAT_ —�t✓��/
f` North Carolina • L1ecY.�enburg Ccunty Not ry Publ i c
} ; G. PATTESON WILLIPI,:S My Commission Expires:
S{ NOTARY PUBLIC
W CcmmW= Expires 12-25.95
STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER
I, Patricia Gregory, a Notary Public do hereby certify that GREG KERR,
Attorney -in -Fact for DAVID FERGUSON and CHRISTINE FERGUSON personally
appeared before me this day, and being by me duly sworn, says that he
executed the foregoing and annexed instrument for an in behalf of DAVID
FERGUSON and CHRISTINE FERGUSON, and that his authority to execute and
acknowledge said instrument is contained in an instrument duly executed and
acknowledged, and recorded in the Office of the Register of Deeds of New
Hanover County, North Carolina on the _ day of October, 1993, in Book _
at Page th, and that this instrument was executed under and by virtue of
that the .s
the authority-the
and by said instrument granting him power of attorney;
aid GREG KERR, acknowledged the due execution of the foregoing
instrument. fok:the purposes therein expressed for and in behalf of DAVID
ON
FERGUS`:and CHRISTINE FERGUSON.
STATE OF NORTH
hand and notarial seal, this the 5th day of October, 1993.
JUN 7 1994
DIVISION OF My Commission Expires: 12/28/94
-,,;COASTAL MANAGEMENT
County
NOTARY N TA I S B I (is) (are) certified to be correct_
This day of 1�2 2," A. D., 19 Z- . M j S�E OOTS, Register of Deeds
By `y`i �i i 54 /li 4 4�%L�
DEPU
BOOK PAGE
1711 1304
EXHIBIT A
A w.
Beginning at the intersection of the eastern right of way of the
Intracoastal Waterway and the high water line; said intersection
being North 18 degrees 56 minutes 56 seconds East 239.52 feet from
a concrete monument marked T2-35 as shown on a map of Tangent 2
Section IV prepared by William B. Blanchard under contract number
D.A. CW54-83-C-0038; said intersection being located South 19
degrees 56 minutes 39 seconds East 911.42 feet from Intracoastal
Waterway Marker # 139; running thence from the beginning with the
high water line in a southwardly direction to a point, said point
being located South 44 degrees 01 minutes 23 seconds East 79.22
feet, South 3 degrees 12 minutes 09 seconds West 131.32 feet, South
38 degrees 41 minutes 22 seconds West 125.60 feet, South 46 degrees
16 minutes 27 seconds East 148.58 feet, South 85 degrees 29 minutes
48 seconds East 43.10 feet, South 33 degrees 23 minutes 19 seconds
East 152.27 feet, South 13 degrees 27 minutes 02 seconds West 196.49
feet, South 24 degrees 34 minutes 09 seconds East 41.02 feet, South
12 degrees 01 minutes 56 seconds West 49.61 feet, South 12 degrees
34 minutes 07 seconds West 120.58 feet, South 10 degrees 49 minutes
03 seconds West 106.26 feet, South 40 degrees 48 minutes 25 seconds
West 170.58 feet, South 44 degrees 00 minutes 39 seconds West
133.97 feet from the preceding point; running thence South 86
degrees 20.minutes 45 seconds West 348.80 feet to a point in the
eastern right of way of the aforementioned Intracoastal Waterway
Right of Way; running thence South 61 degrees 00 minutes 33 seconds
West 547.11 feet to a point in the high water line; running thence
with the high water line in a northwardly direction to the point
of beginning; said point being North 14 degrees 47 minutes 18
seconds East 169.18 feet, North 7 degrees 39 minutes 15 seconds
East 155.51 feet, North 25 degrees 32 minutes 25 seconds East 141.08
North
North 4degr es 27g minutes 38nseconds East utes 39 seconds
feet, Northe12
degrees 23 minutes 21 seconds East 166.95 feet, North 39 degrees
42 minutes 02 seconds East 190.74 feet, North 73 degrees 21 minutes
28 seconds East 159.05 feet, North 79 degrees 15 minutes 04 seconds
East 149.76 feet, North 68 degrees 48 minutes 52 seconds East
28.04 feet, North 74 degrees 25 minutes 29 seconds East 151.45
feet, South 79 degrees 06 minutes 36 seconds East 43.09 feet, North
50 degrees 47 minutes 33 seconds West 178.48 feet, North 66 degrees
51 minutes 18 seconds West 246.45 feet, North 2 degrees 23 minutes
07 seconds West 84.93 feet, North 32 degrees 51 minutes 43 seconds
East 359.51 feet, North 81 degrees 37 minutes 56 seconds East 106.79
feet, South 19 degrees 52 minutes 29 seconds East 58.80 feet, North
80 degrees 09 minutes 05 seconds West 91.71 feet, South 20 degrees
13 minutes 58 seconds West 33.85 feet, South 36 degrees 36 minutes
16 seconds East 181.68 feet from the preceding point, containing
18.57 acres more or less and being subject to the right of way
of the Intracoastal Waterway.
`n �a•u L
D�l l+n�s�5 11
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DIVISION OF
COASTAL MANAGEMENT
Individuals Provided Copies of the
Goat Island/Ketelsleger
EA/FONSI
Ms. Marian McPhaul
Society for Masonboro Island
Mr. Marvin Moss
Provost and Vice Chancellor
University of North Carolina - Wilmington
Mr. Bill Raney
Mr. Smith Richardson
- Mr. Howard Seagle
Roundtree and Seagle
Attorneys at Law
- Mr. John Taggart
Masonboro Island National Estuarine Research Reserve
Mr. David Weaver
Ass. New Hanover County Manager
- New Hanover County Public Library
- University of North Carolina - Wilmington Library
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Eva S. Ketelsleger
2. LOCATION OF PROJECT SITE: Channel marker 139 in the A1WW, north end of Goat's
Island, New Hanover County.
Photo Index - 1989: 178-23 gr. 11 & 12, L thru N 1984: 17-217 gr. 8 & 9, P thru R
State Plane Coordinates - X: 2345000 Y: 143700
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/15/94
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 3/31/95
6. SITE DESCRIPTION: Office - Wilmington
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES, CW
(C) Water Dependent: Pier - yes; Home - no.
(D) Intended Use: Vacation home
(E) Wastewater Treatment: Existing - None
Planned - Septic system
(F) Type of Structures: Existing - None
Planned - Residence, Pier
(G) Estimated Annual Rate of Erosion: N/A
Source- N/A
7. HABITAT DESCRIPTION: [AREA]
nDFnr1r:n r= r r1
Vegetated W Hands
T--�
artina alterniflora
360Afxed
high marsh
P(B)Non-Vegetated
120
Wetlands
=0therd
5 ac1400
sf
980 sf
(D) Total Area Disturbed: .5 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a vacation home and pier on an
undeveloped island within the Masonboro Island Estuarine Research Reserve System.
Ketelsleger
Page 2
9. PROJECT DESCRIPTION 4/28/95
The project site is a private island lying within the boundaries (but is not a part of) the Masonboro
Island Estuarine Research Reserve System, in the vicinity of the AIWW channel marker 139. The
island is approximately 34 acres in size, and is divided into three tracts. The project tract is 18.57 acres
in size. This is an estuarine island that does not directly border the Atlantic Ocean. The island is
bordered by a wide expanse of regularly flooded marsh to the east, and the AIWW to the west. The
island is partially within the US Army Corps of Engineers right of way, and has been used previously
for spoil disposal. The perimeter of the island is wooded, and heavily vegetated with typical understory
vegetation such as wax myrtle and cat brier. The inner and largest portion of the island is sparsely
vegetated with vegetation showing early stages of succession. As would be expected on a spoil island
this area is largely void of vegetation, and has a very sandy substrate. The island averages 15' in
elevation.
New Hanover County classifies this island as Conservation. The Plan addresses development on barrier
islands and states that any development must be water dependent if five criteria are met. This island
meets only four of these criteria, and is questionably called a "barrier" island. In addressing estuarine
islands, the Plan requires that certain measures be taken, such as utilities provision, access on and off
the island, etc. The applicant has spent the past year trying to address and satisfy these requirements,
and feel she has done so. The County attorney has stated that the project is exempt from the
subdivision ordinance addressing infrastructure road systems. This interpretation is included.
The waters of Masonboro Sound are classified SA-ORW by the Division of Environmental
Management; this area is a designated Primary Nursery Area; and the waters are open to the taking
of shellfish. Federal flood insurance is not available for any development on this island. The New
Hanover County Health Department Sanitarian has visited the site, and determined that a septic system
permit is available. They have chosen not to issue this permit until the applicant can show permits for
the primary use, namely, the residence.
The location of this island within the Estuarine Research Reserve System has necessitated full review,
and a major CAMA permit.
The proposal is to construct a single family residence on the northern end of the island, with a pier
extending westward towards the AIWW. The home and deck proposed have a total footprint of 1368
square feet. There will be no associated patios, driveways, or other impervious surfaces. The home
will be serviced by a well and septic system, and will utilize a gasoline generator, transporting fuel to
IWW
the island during visits. The residence is to be constructed east of the Aright of way. At its
closest point, the home will be approximately 160' from mean high water. The applicant anticipates
approximately 1/2 acre will have to be graded for the construction of the home, and the installation of
the well and septic system.
A boardwalk is proposed to connect the home to the proposed pier to the west. The boardwalk would
be approximately 350' in length, and 4' wide. The proposed pier will be 6' wide, and extend for 160'
in length. Approximately 20' of this is above mean high water, 60' stretches over Spartina alterniflora,
and the remaining 80' extends into the open body of water. The pier connects to a 20' x 25' T-head,
terminating in -3.8' mean low water, approximately 200' from the AIWW.
For hurricane evacuation the applicant has proposed and been approved by the County to utilize a pier
on property they own on Topsail Island. Though the policy in the Land Use Plan requires a access to
the mainland, the New Hanover County Planning Department has determined that access onto an island
with a DOT maintained bridge satisfies this requirement.
10. ANTICIPATED IMPACTS
Approximately 1/2 acre of high ground will be graded and filled for home construction, and well and
septic tank installation. The project falls far below the percentage allowance for built -upon area within
the ORW Estuarine Shoreline. The boardwalk will be placed on 1400 square feet of high ground. The
pier will be elevated over approximately 120 square feet of mixed high marsh, approximately 360
square feet of S artina alterniflora, and will incorporate approximately 980 square feet of open water.
Wetlands will be crossed with equipment and supplies during construction. This must be accomplished
very carefully in order not to damage the wetland system.
Submitted by: T. Barrett Date: 4/28/95 Office: Wilmington
T,III
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SE1--rioN VIEW
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PROPOSED PIER
MASONBORO SOUND, NEW HANOVER COUNTY
For
EVA S. KETELSLEGER
P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994
SHEET 2 of 2
NURC/UNCW Fax:910-256-8856 Jul 25 '95 7:53 P.01/05
Nortli Carolina National Estuarine llcsearch Reserve
Center for Marine S'eience $esearclt
The Universityof.North Carolina at Wuriyington
72Ui Wrig;itsvillcAvcnuc
Wilmington, Nurth Carolina28403
910-256.3721 " i
T0:Du� i7 Gt��/:tom
'S'&b6�}21CTi�S
PAX Humbrers
Number of pages ,(including cover pa�e) :
Comments;
Signed:
Date:
_ Tito Nor"I Ca-,n
Unive.r.,ity of North C:v:
Naas•- '-,:.nnrcr ID;.
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John Tagga..rt
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LT9CW Center for Marine
Science Research,
7205 wrightmville Avenuo
Wilmington, NC 25403
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Telephone: (910)i256-3721
FAX Number: (910), 255--8856
1
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anal Esluariiw Rneamli llaercr i.< a cts,peratinr program Ixttr,rv•n tlw
Wilmington. The North Carolirsa lyvpartinent of CnOrmurcnt. 114'Ah6, vnJ
::omtal Management, and the National S ensue end Atrnrxphcrie AdminklrWIon
NURC/UNCW Fax:910-256-8856
Jul 25 '95 7:54 P.02/05
I
FINAL EVALUATION 1:1NDINgs FOR
i
Tim STATE or NO F .10OPIRKA'8
NATIONAL ESTUARINE I�SERRCH Imam
c " " United Statom t CA amoq "
j RyatimrAl OcQa io • a rgr ia' Ad a nl6trati
National
Nibv®r spri�ngri "nd
Office Off' Ocean grad coa ��
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NURC/UNCd Fax:910-256-8856 JUI 25 '95 7:55 P.03/05
HKEOLTIVE MOM
A.. OVERVIEW
?. Sections 312 and 315 of the., Coaistt>al zone Iianagomant Act of
19i2, as"amended, (cm), requires NO" to conduct periodic
d evaluations of Fade
designated National Estuarine Research
Rrmarvas"(NERR).• This rsaview.ex' ined`the operation and
management by the State of North Carolina of the North Carolina..
NERA 'for'the period of. Auguat 29p8,. through, May 1993.
The fundamental conclusion pf`thio ava.luation is that the
`• Korth Carolina National Estuarinqk R®sa4rch Reserve (90HERR).i®,.
;satiaafactorily:.adhering. to its programmatic Obligations as .
defined 'by 'the approvad final mahagemant plan; the terme of
Federal ginancial aegistance awards, and the HERR Regulations
under .al
315 of the CZKA. This document contsain& eight
i; ..
Pgcommendationwi one of which'is mandat'ory. Recommendations a9Gs
zpresented here in two format: (1) a72cese�ary cticzna address
programmatic requirements and ggo: be aarrioC4 out by any date(s).
E .indicated; and,.(2)'2X9gxam Sucae pan denote actionia that OCRF4:
:,believes the Stake should take .to improvo the program, but which.
are -not mandatory at this time. If no;dataa`are indicate, the
state is expected to have addreszed,the•recommmendaations b than
following 3312 program review.
�m l3IIk tARY or Acs'.'O"USa I� _ • . f
-.
During the review.pariod, ths,HCHEFR made commendable
progreaa in eight important areap, many of which had been issues
of long-standing concern within NOWOCRH (as addr®ss®d in
previous 9312.avaluation findings;). 'Areas of significant
impravamant include: (1) staffing levels; (2) land acquiaitioni
(3) designation of the Masonboro island component;'(4) sanagemant
..plan update;•(5)'facilities enhancemand (6) education pragrams9
(7) reaear.h and monitoring programs stand (8) recreational use
and public support. These achievtmenta are reviewed in detail in
Section IV.
: C. SIIKKARY RIP PJECOMMDA'dIL �
f
The evaluation teal also identified certain ares6 of Raelsaws
operations and administration in which jurther improvement® are
needed._. Specifically, than reco:pendatione contained herein
Address: "`' (1) communication between s;ttiffers at different
.:locationa; (2) volunteer program davolopment; (3) managomont at
the feral horses; (4) grants managamemt; (5) education/,
•{ .. w.o^m�a TI��^�. `.,"..""::I�iiR1..,- wildLrz]�k'u.-:_ _`_
NURC/UNCW Fax:910-256-8856 Jul 25 '95 7:56 P.04/05
interpretation program; (6) monitoring/research program_ site...,,
profila development; (7) support for the Cutrituck Banks
componontr and (8) completion of Masonbo *A $^g+�{' ♦trite
I' PROGRAM BUGGRSTXQH (A.) OCRM encouragea more frequent;
contact among NCNERR staff, especially betw4on Beaufort and:,
Wilmington. To this and, wookly or monthly jconference, calis
could be a wimple but critical link. for alllataff. (B.) OCRH
ancouragdo'thm state to fund the cduCation coordinator position- .
with' atate funds. (C.) OCRM encours geis the hiring of an
additional staff person assigned to the curi tuck Banks HEhR and
Buxton Woods Coastal Reserve components; (ea4k additional
recommsndationa.under Support for Currituck�Banks).
i
3, PROMLAIN SUGGESTION HCNER.R shoulc develop a volunteer_
program, including the addition of a volunteer coordinator'to the
Reserve staff. k
3. -PAOG9AM SUGGESTION NC Dapartma t of Environment, H•a;lth -and .
Natural Rce2ourcen (NC DEH&NR) should idev€elop a long-term planfor
` mana"miant of the feral horses at the Rachel Carson and curt:iiuck
Banks comppnints of the NCNERR to avoid damage to Recarve
resources, particularly habitat destrpctiono The plan should,'',
includA an appropriate schedule for'i'tsplamantation.
d. M=MW SUGGESTION HC DEH&NR should work with the 'Depmr'tmant
of Adminigtration to streamline and speed u� internal states
processing of payment.requeats and initial setup of Faderal
funding. f`
S. PRDORAN! SUGG3STION NCHERR should continuo to etrengthan the
implementation and enhancement of edticational and interpretive .
programs at all £our components. Existing coordination with
aquaria and museums should continue, -and increase if appropriate. '
Efforts to increase opportunities® with. Local school districts and
universities should be made, especially at the Zeke's Island,
Hasonboro Island, and Currituck Banks components. .
6. PROGRAX SUGGESTION A. NCHERR should include the Currituck
Banks component in its aito characterization and monitoring
program plane. B. NCNERR should develop a; strategy and a
timaline for completion of a NCNERR site profila, in coordination
With $RD.
7, mzczssARv
. ACTjom Nc DzHcjNR must examine ways to integrator
and increase the visibility of the Currituck Banks component of
they NCNERR. Attempts to increase edu(oational and r4zsoarch',uaa
should be lade, including ganarating formal agroamenta, asl.
necessary. r :I
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- I -
NURC/UNCW Fax:91U-25b-685b
Jul 25 '95 ( 58
P.05/05
8 FROG :SUGGESTION
NC'DEH&NR:steould continue �v
aet v�ly
i
pursuefunding for acquiring.thi remaining
parcels of
�ia1.aanboro
and „''aa:cletailed.in
the approved manag�m®nt
plan,
and pr®vioue
avaluaion findings.
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Fax:910-256-8856 Jul 25 '95 8:03
P.01/04
North Carolina National Estuarine Research Reserve
Center for Maine Science Researcli
The University of North Caiolina at Wilmington
7205 Wrightsville Avenue
Wilmington, NhortCarulina'2840
910-256.3721
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Number of Pages (including cover palge):
Comments: i
Signed:
hate:
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The Nortli Caroiino National EsWarin" hti tiv'Ch Iica n'r is a ctrylx•rafivC pnlgraln Ig'hetv•n tiv
University of North Carolina at Wilmington, Thy MQ I(I) Candina naq,aStuienl or En%ironnitmt, 11(40111, a wI
National R('wurmtDMsion nCCoew RI Managt'ment, and the Nntional OOonie and Atnimpllerie Aduilnlchalinn,
I
. it
John Taggart
UNCW Center for "arine
science Research!
7.205 Wrightsville -Avenue
Wilmington, NC 38403
Telephone: (910)I256-3721
FAX Number, (910)I 256-8856
1,_:. IgURC/UNCIJ
Fax:910-256-8856 Jul 25 '95 8:03
r
UNITED STATES
DEPARTMENT OF COMMERCE
FINAL MANAGEMENT PLAN
i
=,
NORTH CAROLINA NATIONAL ESTUA#UNE RESEARCH RESERVE
i
c Demmber 199,0 l
$repam'd by:
Ci
I..
U.S. �Depsrtntaat of Conunlrau
National Oceania and AtmoVherie
Adminiuttation
National Ooeatt Sarvioe
1925'Connccdcut Avonua, NW
Washington, DC 20235
State `of North Carolina
Depaitrwnt of Hnviroaarent, Iiealth',
and,`Natural Resource
Division of CoeaW Managepwat,
P,O.'Box 27687
Raleigh, NC 27611
i
MURC/UNCW Fax:910-256-8856 Jul 25 '95 8:05 P.03/04
d. Masonboro island
a
a* KGY Laud and Water Area (Cori).
The back -island sounds,!plue associated tidal creeks
and marshes comprise the Cora area (4,427 acroo/1,771 htt)
of this component (Figure 10). This non-riverine estuary,
is an important local.sourae of shellfish and serves Las a
nursery area for numerous finfisheo.
t
b. Buffer Are&
Maconboro Leland proper constitutes the buffer area
(619 acres/248 he) a4a consists of a narrow barrier of
low-lying dunes, mhruh thic)ck, maritime forest, and spoil
areas along the water�ay. the natural portion of upland
buffer area is frequented, by, local residenta,•particularly
the beach areas at thg north and south ends;pf the island;
The buffer area also 'includes 51 acree (20 ha) owned by
UNCW and located across the 'waterway from the island.;
c.Acquisition
Acquisition of this component ham been a glow and
complex process that bbgan ire 1985.. The island was divided
u, into 86 tracts with, each tract typically. in multiple
ownership. With the exception of a aingle:tract donation
by the New Hanover CoLnty, all other landownors wighad to
sell their properties,'. Most; propertied were purchased at
fair market value, but condemnation was used;to acquire the
largest tract (57 ac;ea / 23 ha) when no compromise on
price was reached following extensive negotiations. The
remaining tracts on the island will be purchama+d with
assistance from a local conservation group, the society for
Masonboro Island (SKI). The state currently owns
approximately sixty p®scent of the island's natural upland
area. The SMI will make local contacts with the numeroua:?
property owners and assign options to the state.,
Condemnation may be used to'acquire remaining tracts theti
are not donated or purchased, on a willing -seller basis. ?s
ry
K. Public cess
1. Policy
The state rose rve;use requirements (see Appendix G).'
specify public access End use standards. Th4 reeervf;. aA
generally open to public day uses that are compatible with th1
research and education foals and objective® of the prograt6
Enforcement of rules iA achieved by assistance froir th
pertinent law enforcement agencies.
102
NURC/UNCW Fax:910-256-8856 Jul 25 '95 8:06 P.04/04
North Carolina National.Estuarine
Research Reserve
/ or+ear a'olt
1 ,
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Cra+alrad +'
jd
96rae 491ekrt
t
o • 1
UN10,w9+It deee2
Pr part
seats
A Affgnfts
9�ae+
' - . � darlllWa Paeerl
/• _ '.rt.. Tidal flat,..
i �• 6+594ary .. - .
FA A
� 9 b
Figure 10, Boundary and Habitats of the W I1p
Maoonbore Island Component 1
' S f.
SLIL-20-1995 +7:0. POSTAL CENTER USA
9102569711 P.01
To: S� S
_ .Y
From:
Datc: -7 s
r6fI: ��
Fax #:
Pages including cover s
memo:
I
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r-�
Meet
JUL-2�9-1995 1'f:Ub F'USI-RL CENTEN USR 9102569711 P.05
PROPER LOCATION AND DESIGN OF SHORELbPM STRUCTr, - . � AND THE PRESERVA-
TION OF NATURAL PRO'MCTIVE FEATURES SHALL BE REQU D.
1'1(2) B?' TR ISLANDS WHICH HAVE THE FOLLOWING FIVE CHARACTERISTICS
SW :VEL,OPED ONLY FOR WATER JO PENDENT USES SUCH AS PLEASURE
BG -INi3 L ANTANGS; THEY SHALL NOT BE DEVELOPED FOR RESMENTIAL
a. is a bar island or part of a barrier island with a density equal to or less than one
IL _ .; unit R, a acres.
b. The barver island area: has I)= assigned the! most severe rank with regard to hurrirzne forces.
c T ,,- barrier island area is not connected to thc mainland by a permanent network of roads and
bridges that would allow safe and timety evacuation by land rather than by boat.
i
d. 'n e barrier island area does not qualiN for the National Flood Insurance Program as adminis-
tered by the Federal Emergency Managemegt Agency.
e. The barrier island area is classified as Conservation in the Land Use Plan,
1.1(3) I)EVET_OPNMNT ACTIVITIES WrrMN THE 100 YEAR FLOODPLA114 SPALL BE
CAp, rULLY CONTROLLED TO MIAlMZE DEVELOPMENT, ENCOURAGE LOWINI'EN-
SITY U5� SUCH AS OPFSy SPACE AND RECREATION, AND ENSURE STRICT COMPLi-
f>1_NCF, NV1TH STATE AND q-MERAL REGULATIONS COi3CERIdL13G WHIa AND FROTEC-
T:'ON.
SHORE E EROSION CONTROL AND CIIANhTEL MAINTENAlaCE PROJECTS
SiLkLL BE SUPPORTED ONLY WHERE.
^,. No significant adverse impacts will occur on reline dynamics;
b. Significant economic or recreational benefits will occur for planning area resid and
i
c. The public shoreline will be the primary beneficiary in erosion control projects.
1.1(5) DEVELOpWXNT 014 CLASS IV SOUS 4S DEM4ED INN THE 1981 TECHNICAL RE-
PORT, CLM�
rL L SHALL BE
LIMTMD AND SEPTIC
1.1(6) DEVELOPmErr ACTIV= WIC
CAREFULLY co i TROLLED TO PREVEI- T T
THE CL,MS AND SOU14DS, AND TO ENSU
NATURAL RESOURCES. AGRTCUL TURE US]
MAKITENANCE SHOULD] BE DESIGNED AN
-REASONABLE, LIU'MENT AND PE'STTLTDE
SHALL NOT BE ALLOWED.
gE ESTUARINEWATERSHEDS SHALL BE
i DEGRADATION OF WATER QUALITY IN
'T'IEy PROTECTION OF THESE VITAL
GOLF COURSE CONSTRUMON AND
OPERATED TO XvI I2E TO THE EXTENT
SADINGS.'1 LIE CITY AND COUNTY SIL&LL
4
TF-u-_ r . 0`:
22
sr �f z� ��
JUL-20-1995 17;05 POSTAL CENTER USA
9102569711 P.03
20=17 Subdivision: A "subdivision" shall 'include ail divisions of a tract or
parcel of land into ;two or more lots 'building sites, or other divisions for
the purpose, whether immediate or fu ure, of sale or building development,
and shall include all divisions of land involving the dedication of a new
street or a change in existing streetsl; provided, however, that the foilowina
shall 'not be 'included within this[, definition nor be subject to the
reoul-ations authorizbd by this ordinance:
i
(1) the combination or recombination of portions of previously subdivided
lots where the total number Of ipts is not increased and the resultant
lots are equal to or exceed the sitandards of the County as shown in its
Subdivision ordinance. i
(2} the division of land into parcels greater than ten (10) acres where no
street right-of-way dedication is [involved.
(3) the public acquisition by purchas4 of strips of land for the widening or
opening of streets;
(4) the division of a tract in singe ownership whose entire area is no
greater than two (2) acres into :iot more than. three (3) lots, where no
street right-of-way dedication is� involved and where the resultant io,s
are equal to or exceed the standards of the County as shown in its
I subdivision ordinance.
20Li8 5ubdiyisicn,_minar:• A minor subdivision is a subdivision
(i) involving not more than five lo�s, all of which front
approved street; and
(2) not involving dny new streets or prospectively requiring
for access to interior property; and
(3) not requiring drainage improvemenis or easements to serve
property or interior properties.
20-19 Surface Drainage: A drainage system
on an existinz
ally new street
the applicant's
of culverts and open ditches.
Barrier Islands: Any land formatiot composed of unconsolidated materir-_s
lying on the ocean side of the mainland. Estuaries or wetlands separate the
islands from the mainland.
20-21 100 Year Flood Area: The area of
Hanover county's official Flood ZI
20-22 100 Year coastal Hazard V Zone
inundation with high velocity wa
Hanover County's official Flood I'.
years flood inundation as shown on New
nce Maps, as amended.
The area of 100 year coastal flood
and hurricane action as shown on New
;ce Maps, as amended. `
Sectio21 Tease and_ Number i
(1) The present tense includes the future tense and the future tense includes
the present tense_
(2) The singular nmyLber includes the plural number and the plural number
includes the singular number. i
i
i
Section 22 Word interpretation ;
For the purpose of this ordinance. certain words shall be interpreted as
I follows: i
(1) The word "may" is permissive.
i
PPI 114 TTJ.FggFR1TF,
HF,n N11N3D 1H1SOd tO:GT S56T-oc'-7nf
Please t}pe or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stomtwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name_✓ra S. F<<felcj� 4 a/`
Address . n ,
CitYXA401 u c WaLr State W, G
Zip, Day phone
te:=_ardowner or :u hcrized tiger.
b. Project name (if any) Nod
c. If the applicant is not the landowner, also give the
owner's name and address.
Nb
2 LOCATION OF PROPOSE15-
PROJECT 1UN) 994
a. Street address or secondary road number D I/SION
N o No- MANAG
b. City, town, community, or landmark
mFlFK�r �(39
MASa Dra OWW5hiP
c. County ac r , 119{ly 0 c r•
d. 12i proposed work within city limits or planning D1V 1 ,'
jurisdiction?_ l Ie r s 4AMnrl
e. Name f body of water nearest project
t/.t4.l_
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existinew work, or both?
g project, n
ht&IA3 LI)19P.
c. Will the project be for community, private, or
commercial use? .
Vale, tirr
d. Describe the planned use of the project.
P r t i,gtc -Y+1 r 1gJZAa #,pm e,
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract /e (lei
Size of individual lot(s) Al A
st. vation of tract above mean sea level or
tional Geodetic Vertical Datum
d. Soil types) and textur(s) of tract
SAN.�
�. Yeletation on tract
Man-made features now on tract Ale Me
195
What is the CAMA Land Use Plan Classification of
the,,3iw? (Consu'.t the local land' cse pla.i.)
r
✓ Conservation _Transitional
Developed _ Community
Rural _ Other
h. How is the tract zoned by local government?
12- 2D
i. How are adjacent waters classified?
OR (.)
a. Describe all development activities you propose (for j. Hasa professional archaeological survey been
example, building a home, motel, marina, bulkh
or pier). ad, carried out for the tract? �! D If so, by whom?
n
--t
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, qqrr
structuresproposed 9Ne Y'� S td"V r R
116 a ,S fe
b. Number of lots or parcels O/d
c. Density (Give the number of residential units and the
units per acre.) n Ne. s c n?i'a /
eN <t Aer-s 21(--
d. Size of area to be graded or disturbed
—A p j2 r a lei ,Vi n*61�1 y q c/w--
e. if the proposed pegject will disturb rnore 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 s tted to the Division of Land
Resources? ,
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
�o M�
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
24Aif& 4 S u rXAee 5yPozasec�
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? !V 1 a
i. Describe proposed sewage disposal and/or waste
waters t P%ci]itie7A1Y'`
m. Water supply source N e14 ✓t -dull/ /J,, //
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
publibe h accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?.[16_— —
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7). edYNV eKC-"xV n ayLdnlelthis Tivchs
Depth
Access channel
MLWLW)or '�,.y�•Sl� V AR 3
c ATAA
Other
water JVN F N�
boat ramp,
rock jetty) Ow S P /
'(v0 1 tV`p
n
Fill placed itut—
wetiiand or below N"D
MHW
Hthese facilities received state or local approval? Upland fill
�' A7'areas
/�c+ �oM �Pn/diN�
k. Describe existing treatment facilities.
.N 1) Is('e
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). o li/e
,2
b. Amount of material to be excavated from below
water level in cubic yards >ti a u a,
c. Type of material 4
d. Does the area to be excavated inclt:de marshland,
swamps, or other w.V ds?
e. High ground excav tion, in cubic yards,
€'or Aoust flPPr0 X/AAfe 1Y
WAV 3/91
OF
AGEMI
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
It. Do you claim title to the disposal area? klk-—
If not, attach a letter granting permission from the
owner.
L Will a disposal area be available for future
maintenance?__ �/�
If so, where? d
c. Shoreline erosion during preceding 12 months, in
d. Type of bulkhead material #
e. Amount of fill, in cubic VArds, to be placed below
mean high water
_ Alro
f. Type of fill material
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
ingor water items must be submitted:
k. Will the fill rparerial be placed below mean high
water? .Y/d
1. Amount of fill in cubic yards
in. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh
wetlands? VO
p. Dimensipns of the wetland to be filled
q. How will excavated or fill material be
and erosion controlled?
A copy!)f the dv^d (with state application only) or other
instrument under which the applicant claims title to the
affected property. 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
s written permi sion from the owner to cant' out
ct. F/oer o,r
?/.p}ilc ✓I Cw is ee'Ciea�d
199*n accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
i t2 x 11 white paper. (Refer to Coastal Resources
iA on Rule 71.0203 for a detailed description.)
r. What type of construction equipment will be usMAR 31
(for example, dragline, backhoe, or hydraulic
dredge)? Nfn Na- �r ]
s. Will wetlands be crossed in transporting equipment
to project site? _ If yes, explain steps that will
be taken to lessen environmental impacrL-�`7.
U.sc Q lcr radd $nn►LiAJK
7 SHORELINE STABILIZATION
SNoK2rtE s�,rts,uvrn opasEv
a. Length of bulkheac.,d or riprap
b. Average distance waterward of mean high water or
normal water level
Xf I-r.5 perm.3awble, TI-4 7, 7 FG ild
Please note that original drawings are preferred and
only higliquality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 18 high
quality �gpis are provided by applicant. (Contact the
Dtp;q orps of Engineers regarding that agency's
of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
p gdc,ag cy personnel unfamiliar with the area to the
`1ncludcounty road (SR) numbers. landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
4 Li eLJXAG Lc1.nautip(-L<o<L 60a0dw4AC
3191 f-rnm -r h- hn.sa T'u7Ae (bier.. ihi3 6D L6N ,
br,0A ,tLJ/}If�w:ll ba t4pproX,msyt<ly 3 �
C5 ou?h )
Name -14, kAWreAlee_ $AA(Jcrsny
Address Tor e5.0 F 5AX4 crs 6JI
'�Iihn 99%4 1)A/ -Ak
1� 1A N K, N .c - 2 C33 N
Name
Address
Name Ka Ne 1")i7h N a000�
Address
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 pa} able to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
p.oved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the �_ day of / M A 19"..
x �„4,t_, . K do �
Landowner or Authorized agen
MAR 31 1995 J
DIVISION OF
COASTAL MANAGEMENT
3191
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LIGNELL W. HOOD Ill (BILLY)
REGISTERED LAND SLIRVEPOn
118 Friendly Lane
Wilmington, NC 28409
(910) 799.7104
FAX (910) 799-1555
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DIVISION OF
COASTAL MANAGEMENT
PROPOSED PIER
17
Is NASONBORO SOUND, NEW HANOVER COUNTY
For
EVA S. KETELSLEGER
P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994
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PROPOSED PIER
MASONBORO SOUND, NEW HANOVER COUNTY
For
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P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994
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458 SO. FT. DECK—42.36m'
1368 SO. FT. TOTAL—127.08m'
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14'-O"x 9'. 4"
4.27m x 2.85m
38'-O"x24'-0"
11.59m x 7.32m
I
"hUG-10-95 THU 02:17 PM KAREN GOTTOVI 910 350 0199 P.02 __,
it Carolina National Estuarine
Research Reserve
Masonboro Inlet
J
8.... I..., N
Figure 10. Boundary and Habitats of the
Masonboro Island Component
>E
AUG-10-95 THU 02:17 PM KHREN GOTTOVI
910 350 0199
P. 03
NorLh Carolina National Estuarine
Research Reserve
N
Figure 10. Boundary and Habitats of -the
Masonboro Island Component
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LIGNELL W. HOOD Ill (bIL1,Y)
REGISTERED LAND SURVEYOh
118 Friendly Lane
Wilmington. NC 28409
(910) 799-7104
FAX (910) 799-1555
jtly r .
DIVISION
COASTAL t11ANAGL: �
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PROPOSED PIER
tMASONBORO SOUND, NEW HANOVER COUNTY
For
EVA S. KETELSLEGER
P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994•
SHEET 1 of 2
Py +
REc�J,4-
1116 Martingale Lane
Wilmington, NC 28409
November 27, 1995
State Clearinghouse
116 West Jones Street
Raleigh, NC 27603
Dear Sirs:
I am writing to comment on the Environmental Assessment of
the proposed house and, pier at Goat Island in New Hanover
County, NC. I do not feel that the finding of "No
Significant Impact" is appropriate for this project.
Millions of dollars have been spent in the original study,
land acquisition and management plan for Masonboro Island to
become a component of the National Marine Estuarine Research
Reserve. Because of this effort and expenditure alone,
allowing development within its boundaries is unthinkable.
Of course development will pollute the reserve ecosystem,
make it harder to do research (the purpose of the reserve),
and create conflicts for local government, UNC-W Marine
Research scientists and the reserve management administration
to deal with.
I would like the record to include the newspaper article I am
enclosing with this letter. It shows that the person
requesting the permit, Eva Ketelsleger, is also building a
huge hog finishing operation in Duplin County where she
resides. It may be a possibility that Mrs. Ketelsleger is
trying to increase the value of her property on Goat Island
by having a building permit in hand when public monies are
expended to purchase it from her to preclude development.
Thank you for considering my comments.
Sincerely,
- F'.
Karen E. Gottovi
Hog population cbh,%entrated
Hog count # of farms % of total
1-99 5,000. 1%
100-499 550 1.5%
500-999 280 3.5%
1,000-2000 350 8.0%
2,000 or more 820 86.0%
N. �population: Human: 7.17 million ' P P Hog: 8.1 million
StfWCAROL COLLIER
l
OBITUARIES
9S SINCE JULY 1
Scores: of hog farms. sprout up
By RANDALL CHASE-: `.
Associated Puss
RALEIGH '-('Despite' public
outcry and several- demands for a
temporary stop 'to-newhog farms,
almost 100 new farms with 200 or
more swine have been certified
since July 1 in eastern North
Carolina.
That's an average of more than
one new farm every other day.
Duplin County, the biggest
swine -producing county in the na-
tion, has led the way, with 29 new
farmsreceiving the required certi-
fication for animal waste manage-
ment systems.
"It looks like we have about 95
in the state since July," said Lou
Polletta, an environmental special-
ist in the Water Quality Section of
the N.C. Division of Environmental
Management.
The growth comes despite calls
by environmentalists and others,
including U.S. Rep. Charlie Rose,
D-N.C., for a moratorium on new
hog farms. Those calls followed a
summer series of animal -waste
spills — including the rupture of a
lagoon at Oceanview Farms in
Onslow County that sent 25 million
gallons of hog waste into tributar-
ies of the New River.
As a result of the spills, Gov. Jim
Hunt ordered inspections of all
livestock operations in the state,
and lawmakers set up a commis-
sion to study agricultural waste.
Nevertheless, new hog farms
continue to come on line.
That doesn't surprise Don
Webb, head of the Alliance for Re-
sponsible Swine Industry, a group
opposed to the rapid expansion.
"To be honest with you, I thought
there would be more," he said.
"It's unbelievable that our gov-
ernor and our legislators did not
demand a moratorium,", Mr. Webb
said. "We have more feces and
urine in the eastern part of this
state than we can handle."
"The spills will get your atten-
tion; but there's a constant Dow of
feces and urine from the fields to
the ditches, and all the ditches lead
Please see HOGS on page 2B
Hogs
Continued from page IB
to our coast," Mr. Webb said.
Since Dec. 31, 1993, all new hog
farms Kith at least 250 head are
required to have a certified waste
management plan. By the end of
1997, all hog farms of that size
must receive certification.
'Roughly three-quarters of the
state's hog farms have not been
certified, Mr. Polletta said.
Most new farmers are contract
growers, said Don Ledford, a live-
stock statistician for the state De-
partment of Agriculture. That
means the hogs are under contract
to large producers, which can dic-
tate the way the animals are raised.
Candles With Flair
PLAZA EAST SHOPPING CENTER
'Kenny Rogers Roastersawas
CATERING
WaWhat Great Taste is All About
452-72oo0Ask For Anne
5622 Oleander Dr.. Wilmington
Hog population surpasses
humans in North Carolina
Associated Press
Hogs now outnumber people in
North Carolina.
As of Sept. 1, the state had 8.1
million hogs, up 23 percent from
the previous September.
That's about 1 million more
hogs than people in North
Carolina. The 1995 population es-
timate is 7.17 million.
The state's hog population has
grown by more than 1 million
since last December.
While North Carolina's hog
population grew by 23 percent in
one year, the U.S. figure was
down 2 percent, and the hog pop-
ulation in Iowa, the nation's lead -
ing hog -producing state, dropped
5 percent to about 14.8 million.
Last year, hogs could be found
at about 7,000 different locations•
in North Carolina, down from
42,000 in 1978. But 820 opera-:
tions of more than 2,000 head
each accounted for 86 percent of
the state's hog population.
Thanks to improvements in ani,
mal care and feeding,. every sow
that gives birth in North Carolina,
-Ainds up producing about a half'
pig more than the national aver-•
age, said Don Ledford, a livestock
statistician for the state Depart-
ment lof Agriculture.
Every year, the hog birth rate
increases between 20 percent and
30 percent, he said.
Fear River.
The company, now limited to 1.
million gallons daily, wants to'iri ,
crease. its slaughtering capacity:
from 24,000 hogs a day to 32,000: '
Though company officials say -
the expanded plant most likely:
won't require new hog farms in:
North Carolina, the state.on
Wednesday demanded that the
company document its claim.
If All You Want I
— . w •. D .rhea
Eva Ketelsleger and her hus-
band just started a farm in Duplin
County, raising hogs under con-
tract to Dogwood Farms in Clinton.
Ms. Ketelsleger says she and
her husband invested more than $1
million and endured two years of
paperwork to start Kilpatrick
Farms.
"When you go out there, it's not
just a whimsical thing you start
into," she said. "It's something
you've thought out.... When you
see a hog farm, he didn't just de-
cide over night, 'I'm going to put
me up a hog house.' "
The Ketelslegers' farm is a
finishing operation that gets hogs
weighing about 40 pounds and
cares for them for roughly 18
weeks until they weigh about 250
pounds — fat enough for slaughter.
The farm is big enough to house
8,640 hogs, typical of the trend to-
ward larger, corporate farms.
About 7,000 operations house
hogs in North Carolina, but 820
farms account for 86 percent of the
state's 8.1 million swine..
DIAMOND REMOUNTING '
WATCH A JE S£ YREPAIR
PEARLRESLRINGING '
BATTERIESREPLACED
D., West
4214 OLEANDER cM 392-OM
Many new farms have opened to
help meet demand at Carolina Food
Processors in Tar Heel near Fay-
etteville, said Walter Cherry, exec-
utive secretary for the N.C. Pork
Producers Association.
The Bladen County plant asked
state environmental officials on
Friday for permission to discharge
an additional 1.2 million gallons of
wastewater per day into the Cape
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
October 5, 1995
Mr. Smith Richardson, Jr.
6246 Head Road
Wilmington, North Carolina 28408
Dear Smith:
Thank you for your recent letter regarding Mrs. Eva Ketelsleger's proposed residence
on Goat Island. I appreciate your taking the time to express your concerns.
The permit application for this project is being reviewed by ten State and four federal
agencies, in addition to this Division. All of our "major" permit applications go through this
process to assure that any proposed development meets all state and federal requirements.
Because this proposal involves public trust lands and because of the concern expressed by
New Hanover County, UNC-W and the Society for Masonboro Island, we also are drafting an
Environmental Assessment for the project. The EA will be broadly distributed for comment,
and I'll be glad to send you a copy.
Thank you again for your time and interest.
Sincer y,
Rog checter
c
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-2293 FAX 91 1495
An Equal Opportunity Affirmative Acton Employer 50%recycled/ 10% post -consumer paper
SMITH RICHARDSON, JR.
6246 HEAD ROAD
WILMINGTON, NORTH CAROLINA 28409
September 25, 1995
Mr. Roger N. Schecter
Director, Division of Coastal Management
PO Box 27687
Raleigh, NC 27601
Dear Roger:
I'm very concerned about the pending CAMA major permit application of Mrs.
Eva Kettlesleger "to build a residence on a spoil island across from the UNCW
research site and within the boundary of the Masonboro component of the North
Carolina Estuarine Reserve System." (see attached)
I agree with Mrs. McPhaul that the approval of this application would set a
dangerous precedent for private use in the reserve area. I hope that you agree
and that you will lend your vital assistance to the opposition to this application by
New Hanover County; UNCW and other individuals and organizations, both in
North Carolina and in Washington.
I hope to see you in Beaufort.
Sincerely,
H. Smith Richardson, Jr.
SEP 281995
,. , �fayitvEMEIFf 1
.SMITH RICHARDSON, JR.
6246 HEAD ROAD
WILMINGTON, NORTH CAROLINA 28409
v
September 25, 1995 /
Mr. W. B. Fowler
7703 Emerald Drive
Emerald Isle. NC. 28594
Dear Will:
I'm very concerned about the pending CAMA major permit application of Mrs.
Eva Kettlesleger "to build a residence on a spoil island across from the UNCW
research site and within the boundary of the Masonboro component of the North
Carolina Estuarine Reserve System." (see attached)
I agree with Mrs. McPhaul that the approval of this application would set a
dangerous precedent for private use in the reserve area. I hope that you agree
and that you will lend your vital assistance to the opposition to this application by
New Hanover County; UNCW and other individuals and organizations, both in
North Carolina and in Washington.
I hope to see you in Beaufort.
Sincerely,
zxf
H. Smith Richardson, Jr.
r•
Society For Masonboro Island Inc.
Mr. H. Smith Richardson,Jr.
6246 Head Road
Wi lrnington, N. C. 281109
September 20,1995
Dear Mr. Richardson,
I am writing to inform you of the pending CAMR major permit
application of Mrs. Eva Kettlesleger to build a residence =r
a spoil island directly across from the UNCW research site
and within the boundary of the Masonboro component of the
North Carolina Estuarine Research Reserve System. (See maps
attached.)
This island is composed of sand and it is feared that her
proposed septic field would fail when the HS Army Carps of
Erigineers exercises its disposal easement. It is anticipated
that suct-i an event would flUsh excess nutrients arld other
pollutants into the reserve waters which are a primary
nursery habit and classified as DRW.
The spoil islands should immediately be acquired by the
State.In the reserve program management plan entered into by
the State and the Federal government,it was anticipated that
these islands and Masonbc-ro Island would be acquired by the
State. The Federal government will evaluate the N.C.
Estuarine Research Reserve program in Febrl_iary of 1996. It
is probable that if the Division of Coastal Management gra.ra s
this permit that it wil-1 negatively effect the evaluation.
To date, the Federal government has expended approximately
$2.5 million dollars on the Masonboro cornponc•nt of the
N.C. Reserve program.
h'Is.Kettlesleger claims title through a Board of Education
deed. fit present, the N. C. SUPreme Cvi.irt is del ibera't inq other
cases Concerning claims of title through Board of Education
deeds and public trust rights. The result of these cases ma,,
change the entire status of Mrs. Kettlesleger's claim of
title. Her application,if granted at this time would deny
public access to an area that may be found to be subject to
public trust rights.
P.O. Box 855 • Wrightsville Beach, N.C. 28480 • (919) 256-5777
t
This is the first application of its kind in this reserve
component. The precedent which will be set by this decision
will effect the future of this island/estuarine ecosystem.
This spoil island is approximately 32 acres in size. The
northernmost 18 acre portion is claimed by Ms.Kettlesleger.
The adjacent quarter of the island is owned by her brother.
The southernmost portion of the island is owned by Landfall
Properties Inc.,a corporation which was formed to acquire and
develop real estate. It is unknown at this time what plans
this corporation has for its property.
The members of the Society for Masonboro Island,Inc, have
worked since 1983 to protect this barrier island/estuarine
ecosystem. It is hoped that the State of North Carolina will
carefully scrutinize this application and deny the permit
requested in order to ensure that the Masonboro Island
reserve area is protected for future generations.Many of the
members of the Society have sent comments to the Division of
Coastal Management expressing their concerns about this
proposal.
I would appreciate it if you would review the supporting
documents which are attached. It would be my Pleasure to
discuss this matter with you at your convenience.
Sincerely,
Y_
Marian T. Mr-rhau'
Society For Masonboro Island
1 1 11'
August 9, 99
On behalf of the Board of Directors I am writing to give you an opportunity to
make comment on the application of Eva S. Ketelsleger to construct a vacation
residence and pier on an undeveloped island within the Masonboro Island
component of the North Carolina Estuarine Research Reserve System. This property
is located at channel marker number 139 in the Atlantic Intracoastal Waterway (AIW W),
at the north end of Goat Island, in New Hanover County.(SEE ENCLOSED MAPS.) This
site is directly across the AIW W from the UNC-W pier and research facility. The
applicant proposes to build a residence and deck, having a total footprint of 1368
square feet, install a well, a septic system, and utilize a gasoline generator for power
The Board of Directors is concerned that this type of development of a spoil
island may threaten the integrity of the Masonboro Island ecosystem. The danger of
pollution of these pristine waters would increase if the US Army Corps of Engineers
exercises its right to deposit salt water and sand on the deposit easement it holds on
the island.
At this time, it is anticipated that the North Carolina Division of Coastal
Management will grant the permit within days.
For your information I have attached my letter dated May 31, 1995, to
Roger N. Schecter, Director, Division of Coastal Management. If you would like to
make a comment, please do so at once as time is of the mence.You may direci your
comment to:
Roger N. Schecter
Director, Division of Coastal Management _
PO Box 27687
Raleigh, NC 27601
FAX (919) 733-1495
Thank you for taking the time to review these materials. Please call me at the
office (910) 256-5777 for further information.
Sincerely,
Marian T. McPhaul
Executive Director
P.O. Box 855 • Wrightsville Beach, N.C. 28480 9 (919) 256-5777
r
Society For Masonboro Island Inc.
('roger N. Schecter May 31, 1995
Director
Division of Coastal Management
PO Box 27E87
Raleigh, N. C. 27EO1
RE:Eva Kettlesleger- Application
for CAMA Major Development Permit
(N. H. County)
Dear Mr.Schecter
On behalf of the Board of Directors and the members of the
Society for Masonboro Island, Inc. I request that you
strenuously scrutinize this permit application.
Ms. Kettlesleger^ has requested a permit to build a residence
and a pier on a dredge spoil island directly across the
inland waterway from the UNCW Research facility and within
the boundaries of the Masonboro Island component of the North
Carolina Estuarine Research Reserve. She states that she will
build a septic system for waste,and drill a well on the
island for a water supply,she plans to power the residence
with a gasoline generator.
The New Hanover- County Land Use Plan designates this area as
a conservation area which should be preserved in its natural
state. It is an estuarine area of environmental concern. The
waters surrounding the island are outstanding resource waters
and a primary nursery habitat.
The New Hanover County Planning Department through a g"ant
provided by the Division of Coastal Management office in 1988
produced a document entitled Potential Development of
Estuarine Islands in New Hanover- County. The conclusions of
the staff were:
(1) That the spoil islands were inappropriate for residential
development because of the probable disruptive impacts of
disposal activities on septic fields and wells as a result of
changes in the water table. These activites would create a
hazard of pollution in the underlying ground water and
marshes.It is anticipated that the U.S. Army Corps of
Engineers will exercise its easement in the future and that
this island will be used for disposal activites.
(2)Further, this study found that "one major drawback to
residential development of these islands would be the
difficulties encountered in their evacuation in case of a
hurricane. The time required for evacuation would be
significantly extended because the first step would be
evacuation by boat which would be hampered by the adverse
water conditions that often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
P.O. Box 855 • Wrightsville Beach, N.C. 28480 • (919) 256-5777
Nater conditions that _often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
addition adequate docking facilites and parking would be
required on the mainland. It should be noted that the County
has adopted a stringent policy(1.1(2)) in its Land -Use Flan
that eliminates the use of barrier islands for residential
development if the island does not have an adequate
2vacuation network of roads and brid,g'=_.°(p.3,4)
Ms.Kettlesleger claims title through a Board of Education
deed. Is her claim of ownership of the island a valid claim
that complies with generally recognized standards of proof of
title against claims by the State of North Carolina? As you
know, the N.C. Supreme Court is currently deliberating cases
concerning similar Board of Education titles and public trust
rights.The result of these cases may change the entire status
of Ms.Ketelsleger's application. Her application,if granted
at this time, would deny public access to what may well be
found to be a public trust area.
The members of the Society for Masonboro Island,Inc. have
worked since 1983 to protect this barrier island/estuarine
ecosystem. The decision made on this permit application will
set a precedent for the future of the reserve area. In
closing,on behalf of the membership, for the reasons stated
above, I would ask you to carefully scrutinize this
application and deny the permit requested in order to ensure
that the Masonboro Island reserve area is protected for -
future generations.
S' ncere:l;:,
\ hA--- _OrA4l
Marian T. Mc^haul _
Executive Director
Nor Lli Carolina National Estuarine
Researe h Rese-rve
Figure 10. Boundary and Habitats of the
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LIGNELL W. HOOD Ill (blLLY)
REGISTERED LAND SURVLYOn
118 Friendly Lane
Wilmington. NC 26405
(910) 199-7104
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PROPOSED PIER
MASONBORO SOUND, NEW HANOVER COUNTY
For
EVA S. KETELSLEGER
P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994
SHEET 1 of 2
August 22, 1995
Mr. Roger N. Schecter, Director
Division of Coastal Management
Raleigh, NC 2761 1-27687
Re: Application for C:AMA Major Permit on Goat Island
Dear Mr. Sclnecter:
Thank you for our meeting of August 16, 1995. As we slated al thal`lime, the Society for
Masonboro Island Inc. and the University of North Carolina at Wilmington (UNCW) oppose
the issuance of life subject permit.
It is our position that the aclivilies embraced in the permit application threaten, degrade, and
are inconsistent with the mission of the North Carolina National Estuarine Research Reserve.
We also assert (flat the aclivilies embraced in the permit application violate, contravene, or
are inconsistent with numerous local, slate, and federal statutes, regulalions, and policies.
We cite the following:
While the proposed residence in the permit application is more thzn 10' fro:re
the estuarine shoreline AEC, the exemption for single family residences in
15A NCAC 7K.0208, by its plain language, does not include the proposed
septic lank and drain field. Their installation will clearly involve development,
as defined in CIS 113A-103(5)a., and requires a pernit since it is within the
575' AEC for the ORW shoreline. Allhough 7K.0208 may have been
interpreted to exempt the septic tank and drain field, we oppose such an
interpretation, which nmst be rejected as an unadopled rule that is
unenforceable and inconsistent with (he plain language of the adopted rule.
2. The proposed house and septic tank are within the ORW 575' estuarine
shoreline AEC. See 15A NCAC 711.0209(b). It appears from a review of the
pending file that the DCM has considered only Ifle 75' shoreline generally
applicable to all estuarine waters. I IOWever, we strongly urge reconsideration
of this matter. DCM's own Field Investigation Report notes (flat "the waters of
R. Scheeler: Goat Island Permit
August 22, 1995
page -2-
Masonboro Sound are classified SA-ORW by the Division of Environmental
Management; (his area is designated Primary Nursery Area; and the waters are
Open to (lie taking of shellfish." In addition, the DCM Field Investigation
Report notes: "AEC(s) Involved: PT, I?W, ES, CW".
3. The proposed pier in the permit application will be for private use of publicly
owned lands within SA-ORW waters and within the National Estuarine
Research Reserve, and shall not be permitted under the Coastal Reserve statute
or rules. See GS 113A-129.2(e), 15A NCAC 70.0202(2), and Friends of
Ilalteras Island v. CRC, 117 NC App. 556, 569-579 (1995). Thus the -pier
application should be denied under 15A NCAC 211.0601.
4. From the DCM permit file, it appears that the pier application was withdrawn
From the CAMA general permit and is being evaluated on' a case -by -case
standard under 15A NCAC 7.1 per 15A NCAC 71I.1204(Q. Therefore, a
NCEPA environmental analysis document is required. See GS 113A-12(2). If
the pier application has not been withdrawn for case by case consideration, we
assert that it should be so withdrawn due to the unique, highly sensitive, and
especially protected area into which it is to be placed and which it impacts.
Specific advantages of an EIS would be to address many of the issues found
most troublesome by (lie objecting parties: cumulative impacts; multiple
development; sewage disposal or treatment; solid waste disposal; fuel spills;
and county services (fire, rescue). It is our understanding that there is some
staff sentiment to the effect that even if the pier has been or is withdrawn
from general pennit for case by case consideration, that it is exempt from
SEPA review as long as it is eligible to be approved under general pennit
standards regardless of whether it is actually approved in a general pennit. We
strongly disagree with any such inlerprelalion, and assert .that such an
inlerprctation is inconsistent with the plain language of file rule. If (he pennit
is withdrawn from file general permit, as it either has been or should be, then
it is no longer under the rule for any purpose. Again, a contrary inlerprelalion
must be rejected as an unadopted rule, inconsistent with the plain language of
the adopted rule.
5. The effect of the legislation creating the North Carolina National Estuarine
Research Reserves is to de facto and de jurc designate them as AECs pursuant
to GS 113A-113(b)(4)(a) and Section 315 of the U.S. Coastal Zone
Management Act, IG U.S.C. 1461, pursuant to which file United Slates
officially designated the Masonboro Island Component of the North Carolina
R. Schecter. Goal Island Permit
August 22, 1995
Page -3-
Estuarine Research Reserve. The federal Designation (copy attached)
specifically noted that "Norih Carolina stale law provides long-lerm protection
for reserve resources to ensure a stable environment for research [and] (o
enhance public awareness and understanding of estuarine areas and provided
suitable opportunities for public education and inlerprelalion [and] North
Carolina has complied with the requirements of the regulations relating to
designation of a National Estuarine Research Reserve." Consequently, the
permit application should be denied pursuant to GS 113A-120(a)(4) as
incompatible with the purposes for which the reserve was created. The island
and the surrounding waters are clearly within the boundaries of the reserve.
15A NCAC 70.0105 requires the DCN1 to keep a "detailed boundary map for
each component." As only one such map exists (copy attached), it must he the
official boundary map. Ilowcvcr, even if the high lands of the island are
outside the reserve, [as argued by counsel for the applicant], the surrounding
waters are clearly within the reserve. Therefore, activities even on private
lands within the reserve which will violate current rules (discharges of
contaminated water and noise beyond the hounds of the private land) are
forbidden and are a basis of permit denial under 15A NCAC 711.0601.
6. The proposed development, and cumulative impacts of further development,
will have an adverse impact oil the uses and anticipated uses of (he coastal
reserve in violation of the antidcgradation provisions of the Stale and Federal
Clean Water Acts. See 15A 2B.0201, and'rillc 33, USC 1313(d)(4)(B). Thus,
the permit application should be denied under 15A NCAC 711.0601. The
development, if permitted, will undoubtedly be the first of several similar
developments on this island and other privately owned islands within the
coastal reserve. The cumulative impacts of the houses, their septic systems,
(heir access piers and docked boats will result in violations of the slate
standards protecting coastal reserves, ORWs used for university, research,
PNA9, and shellfish harvest..'rhus, (lie permit application should be denied
pursuant to GS 1 13A-120(a)(10).
7. The potential problems front [lie septic lank are greater than the problems
subject to regulalion solely as human health concerns by the county septic tank
permit procedure. The drain field will cause an increase in the nutrients
naturally occurring in the waters of the Coastal Reserve. Such discharge into
the reserve will violate 15A NCAC 7O.0202(8)(1)) [barring any activity which
will result in the discharge of liquids other than uncontaminated estuarine
water into a reserve] and the statutes requiring protection of coastal reserves.
R. Schecter. Goat Island Pennit
August 22, 1995
Page A -
The septic system will most likely fail and cause a discharge of untreated
sewage into the Coastal Reserve when the Army Corps of Engineers (COG)
exercises its right to deposit dredged materials and salt water on the island. We
are informed and believe that a permit application was denied in the Curriluck
Reserve for a reverse osmosis plant Ilia( would have discharged non -estuarine
waters into the reserve.
8. The generator proposed by the applicant to be used as a source of power to the
house oust be more fully analyzed. insufficient information has been
presented by the applicant on this proposed use. The generator, especially
when used intennillenlly as proposed, and also if exceeding certain noise
levels whether or not operated intermittently, can cause noise pollution
problems to nesting and feeding shore birds and poses an unacceptable risk of
fuel spill damage to the coastal reserve. See 15A NCAC 7O.0202(e) and
(8)(b)•
9. The pennit applicalion does not indicate how solid waste will be handled that
is generated by occupancy of the house. The risk -that it will be disposed of,
even inadvertently, in the reserve requires the application to be denied. See
15A NCAC 7O.0202(8)(a) (barring any activity which might result in the
deposition of solid materials not indigenous to the local coastal ecosystem].
10. For the reasons stated in the August 14, 1995 letter from the Assistant County
Manager of Nov I lanover County, and reiterated, stressed and extended by the
Assistant County Manager and the Counly Attorney in the meeting witll you
and Deputy Secretary Rimer on August 16, 1995, the permit application
contravenes, violates, and is inconsistent with the New I lanover County Land
Use Plan and should be denied pursuant to GS 113A-120(a)(8) and 15A
NCAC 711.0601.
For the foregoing reasons, we maintain that approval of the proposed development clearly
contravenes and violates key statutes, regulations, and policies of the federal, slate, and local
governments, and that such development also represents a major threat to the mission of the
North Carolina National Estuarine Research Reserve and the preservation of this vital
estuarine system.
R. Scheeler: Cioal Island Permit
Augusl22, 1995
Page -5-
'thank you very much for your considerntion. We will be glad to provide further infonnation
and assistance upon request.
Sincerely yours,
Marian McPhaul, Executive Director
Society for Masonboro Island
Marvin Moss
Provost and Vice Chancellor
for Academic Affairs
University of North Carolina at Wilmington
1
Copies Secretary Jonathan I lowes
Assistant Secretary Linda Rimer
llonorable Richardson Prcycr
Attachments: _
I. U.S. Designation of National Estuarine Research Reserve
2. 130undary Map, Masonboro Island Component
I
UNITEO STATES DEPARTMENT OF COMMERCC
The Under Secreteryfor
Oceenaand AtmoUphare
WasNngton.0 C 20230
DESICUATIO11 OF THE NORTH CAROLINA
NATIONAL ESTUARINE RESEARCH RESERVE
HASONOoRO ISLAND COMPONENT
Consistent with the provisions of Section 115 of the Coastal Zone
Management Act, 16 U.S.C. 1461, the State of North Carolina has
net the fol-lowing conditions to establish Hasonboro Island as a
component of the North Carolina National Estuarine Research
Reserve.
1) Hasonboro Island is a representative estuarine ecosystem
that is suitable for long-term research and contributes to the
biogeographical and topological balance of the National Estuarine
Research Reserve System.
2) North Carolina state law provides long-term protection
for reserve resources to ensure a stable environment for
research.
]) Designation of Masonboro Island as a reserve component
will 'serve to enhance public awareness and understanding of
estuarine areas and provide suitable opportunities for public
education and interpretation.
4) The State of North Carolina has complied with the
requirements of the regulations relating to designation of a
National Estuarine Research Reserve.
Accordingly, I hereby designate the area of Hasonboro Island as a
compone:t of the North Carolina National Estuarine Research
Reserve, the boundaries of which are specified in the Final
Management Plan.
Jo n A. Knauss
Un er Secretary for Oceans
and Atmosphere
THE AOMINISTRATOn
1
North Carolina National Esluarinc
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NEW HANOVER COUNTY ALLEN O'NEAL
OFFICE OF THE COUNTY MANAGER County Manager
320 CHESTNUT STREET, ROOM 502 DAVID F. WEAVER
WILMINGTON, NORTH CAROLINA 25401.4093 Assistant County Manager
9'ELEPHONE 9 414 Telephone
Street, 19)341 71 9
( l9) 341-71N4 Tcicphonc(y19)341.7139
FAX (919) 341 402 i Fax (919) 341.4035
August 24, 1995
Roger N. Schecter, Director
Division of Coastal Management
Department of Environment, Health and Natural Reaources
Raleigh, North Carolina 27611-7687
RE: Ketelsleger (Goat Island) Major Development Application
Dear Mr. Schecter:
In reference to your letter of August 18, I would like to
outline some measures the applicant could employ so that the
Proposed development may be consistent with the Land -Use Plan.
Please note, however, that these measures are County staff
recommendations and that the Board of County Commissioners has not
had time to act on these recommendations within the five (5) days
that you have given me to respond.
The policy in question states as follows:
1.2(2) Development of estuarine system islands shall be
Permitted only if proper measures are taken for hurricane
evacuations, utilities provision, access on and off the
island, pollution control: and other design considerations
that will ensure compatibility of the development with the
estuarine systems.
Specific measures that could be pursued include the following:
1) Proper measures for hurricane evacuation
- The construction of a permanent bridge and road
network would be the preferred measure of evacuation.
- No reasonable person can say that an approximately 25
mile boat ride is a proper measure for hurricane
evacuation. The determination of a proper trip, however,
depends on a number of factors including water conditions
during pre -hurricane situations and availability of
access. In this case, a proper evacuation could be
conducted if the mainland access point was located on the
section of mainland on the other side of the AIWW behind
and parallel to Masonboro Island, so that the evacuees
Roger N. Schecter
Page Number Two
August 24, 1995
would not have to cross turbulent waters associated with
Masonboro Inlet or Carolina Beach Inlet and would not
have to travel more than several miles. There are ample
Opportunities along this stretch of mainland for
acquisition of waterfront property and a slip.
- ownership of the mainland access point would have to
be permanently attached to the title for Goat Island.
- The evacuees on Goat Island would have to have
immediate and permanent access to the Goat Island pier.
This access could not be compromised at any time by the
Corps easement.
2) Proper measures for Provision of utilities.
- The preferred measure for water and sewer provisions
would be the installation of water and sewer lines
crossing to the mainland to appropriate water and sewer
utilities. Please note that the County has invested
millions of dollars for a sewer system designed at least
partially to minimize estuarine pollution.
- A study should be undertaken by an appropriately
licensed hydrogeologist/engineer or similarly qualified
person, that clearly shows that disposal of dredged
materials by the Corps of Engineers will not impact the
functioning of either the well or the septic system, if
on -site utilities are pursued.
- The preferred proper me=sure fur eiergv supply wOu-,cA
be to run an electric line over the island from the
mainland.
- on -site energy supply could be provided by a fuel
driven generator. For reasons of safety, however, the
fuel source must be LPG or other fuel that is more easily
handled than gasoline. In addition, the fuel supply
should be adequate to last at least 14 days in order to
accommodate short-term rentals and possible unexpected
lengthy stays due to hurricanes or other unforeseen
emergencies.
3) Proper measures for access on and off Goat Road.
Please review the comments made for hurricane
evacuation to adequately cover proper access on and off
the Island.
Roger SChecter
Page Number Three
August 24, 1995
- The County, as previously addressed in our August 14
letter to you, has serious concerns about quick and easy
access to Goat Island by law enforcement, fire
protection, and emergency medical services (Ems). Given
the lack of access, the applicant should include a fire
suppression sprinkler system for all buildings. The
applicant should address how law enforcement, fire
protection and EMS will be provided.
4) ProDer measures for Pollution control.
5)
The concern over septic tank failure has been
previously addressed.
- The applicant must provide a plan for legal-d-isposal
of solid waste including, at a minimum, container storage
adequate for solid waste for seven days on Goat Island,
ability to transport the container to the mainland, and
evidence of a contractual or other arrangement for
garbage pick-up at the point of mainland access.
- Due to the location of the project proximate to the
Reserve, the project design should receive review and
approval from the Reserve manager and from UNC-w. Such
considerations as zero discharge 'and non -degradation
should be noted. County staff would rely on the
judgement of the appropriate State officials in this
reaard.
The County has no intention to remove all development rights
to estuarine islands. Mr. Seagle's June 6 letter to the Division
of Coastal Management states that development is not precluded.
Development, however, must be very carefully performed because of
the threat to public safety caused by isolated island living and
because of the potential for harm to the estuarine environment.
This need to ensure that proper measures are taken is heightened by
the restrictions placed by the Corps easement and the proximity to
Masonboro Reserve.
N
Roger Schecter
Page Number Four
August 24, 1995
Please feel free to contact me if you have any questions or
comments.
Sincerely,
d-1vI.- Glt�
Dave Weaver
Assistant County Manager
DW/nf/663
CC: Board of County Commissioners
Allen O'Neal, County Manager
Wanda Copley, County Attorney
Dexter Hayes, Planning Director
WANDA Al. COPL6v
Cowdy Allomey
KEMP P. MPEAll
A ssimtq,l County Anomey
ANOREW IV. OLSEN
Assis lsnl Co uu(y AUm,y
NEW HANOVER COUNTY
OFFICE OP THE COUNTY ATTORNEY
320 CHESTNUT STREET, ROOM 309
W ILMINGTON, NORTH CAROLINA. 28401-4095
MEPHONE (910) 341-7153
rILY010) 341-4170
August 14, 1995
Mr. Rogcr N. Schecter
Director, Division of Coastal Management
P.U. Box 27687
Raleigh, North Carolina 27601
Re: Ketelsleger application for major permit on Goat Island
Dear Mr. Schecter:
On behalf of the New Hanover County Board of Commissioners, I request that you deny
the application for a major CAMA penuit on Goat Island. The Board favors the protection of the
estuarine system in New Hanover County and views this proposed project as a contravention of
the Wilmington - New Hanover County Land Use Platt.
The detailed reasons for the County's objections to the project are stated in an August 14,
1995 letter to you from nave Weaver, Assistant County Manager.
Please do not liesit,,te to contact the or the Planning staff if we call provide further
assistance in (his matter.
Si icerely,
anda M. Copley
Cowity Attorney
WMC/kc
cc: County Manager
Assistant County Manager
ManoQ9ment
Mor
August 22, 1995
29403
Iattar Is to r10* You of the ttAhw of Mrs, Bva S. K.etelslepr't Coattal Area
I Aot (C AMA) nWor pormlt appfloation for development on Qoet Island in New
,Idly, it Attorney O MOW'e O Moc hm advised me that your client's proposal to
r ofr 131 xnarsed lends owned by the State of North Carnlitla 14 sulljoot to the
at Nvia N p1wedures of the North Carolina Environmental Policy Act (NCBPA)
ITT). 'lies raqulremente of that Aot ere that any Stale age» cy notion affecting the
Iliad st prepue a dotalled statement of 010 oavirotuneaw lmp"to of the
ford. U e of pubIlo land, In this oast. Involves conctntotlon of the pler, in part, over
su lands and public trust water&.
I
go the proeesaing of applloatlon4 for CAMA nujor development permits
roq
pro Oct W4Oct to review undor thv NCEPA must have the Mproprlate
911
tad tut t dooument as part of the applloatlon before the applioation can be
it,sty
tto
ap comp for prOMstrtg (1 SNCAC 7J.0M(bx8)), Beawse your client's
an
I
I' *ng derod incomplete, we are euepeodinp prooessing until the
111
tad d ent has bam completed.
Divisio of Coastal Meaegemant has the responalblllty to prepare the environmental
or this pi cjad. because It is the state agency taking the action Qf edrig State land&. It
Ie .Int
C
t to IMM diately begin preparing an Environmental Assessment (EA) to datermIne
wb
prJ sot Vill have a alyniticant hupact on the envirournw, I think that we have
On
a1lia
t'or(natl in Our Mae to complete the EA without delay. We will contact you
If we drtridno that wo nood eddidowil infbrmallcu. Your olionl can rovlow and
itr# doclumeut.
I
!
NQithOcnInavw1.7657 Telephone9H6739.2293 F/V(919.733-1495
Equd
� I
I
AfIkm011w Acflm lyr{sloyu tbY rwV*w 1D%pod-oonramel P"(
�
a 6tajt l
19fl3
c con t tuo as soon w posaiblo If you wish to disouss this doclslun vr if you wish
�tion n the NCBPA proocss.
' Binooroly,
Rogor N. Scheeler
II
)in SU+ Ammoy bonorai's Office
I
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Eva S. Ketelsleger
2. LOCATION OF PROJECT SITE: Channel marker 139 in the AIWW, north end of Goat's
Island, New Hanover County.
Photo Index - 1989: 178-23 gr. 11 & 12, L thru N 1984: 17-217 gr. 8 & 9, P thru R
State Plane Coordinates - X: 2345000 Y: 143700
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/15/94
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 3/31/95
6. SITE DESCRIPTION: Office - Wilmington
(A)
Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B)
AEC(s) Involved: PT, EW, ES, CW
(C)
Water Dependent: Pier - yes; Home - no.
(D)
Intended Use: Vacation home
(E)
Wastewater Treatment: Existing - None
(F)
Planned - Septic system
Type of Structures: Existing - None
Planned - Residence, Pier
(G)
Estimated Annual Rate of Erosion: N/A
Source - N/A ,
7. HABITAT DESCRIPTION: [AREA]
nDr;nnl 7n =r r rl
- ---
iU
Vegetated Wetlands
S artina alterniflora
360 sf
Mixed high marsh
[(B)
120 sf
Non -Vegetated Wetlands
(C) Other
High Ground
.5 ac
1400 sf
Open Water
980 sf
(D) Total Area Disturbed: .5 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a vacation home and pier on an
undeveloped island within the Masonboro Island Estuarine Research Reserve System.
r
Ketelsleger
Page 2
9. PROTECT DESCRIPTION 4/28/95
The project site is a private island lying within the boundaries (but is not a part of) the Masonboro
Island Estuarine Research Reserve System, in the vicinity of the AIWW channel marker 139. The
island is approximately 34 acres in size, and is divided into three tracts. The project tract is 18.57 acres
in size. This is an estuarine island that does not directly border the Atlantic Ocean. The island is
bordered by a wide expanse of regularly flooded marsh to the east, and the AIWW to the west. The
island is partially within the US Army Corps of Engineers right of way, and has been used previously
for spoil disposal. The perimeter of the island is wooded, and heavily vegetated with typical understory
vegetation such as wax myrtle and cat brier. The inner and largest portion of the island is sparsely
vegetated with vegetation showing early stages of succession. As would be expected on a spoil island,
this area is largely void of vegetation, and has a very sandy substrate. The island averages 15' in
elevation.
New Hanover County classifies this island as Conservation. The Plan addresses development on barrier
islands and states that any development must be water dependent if five criteria are met. This island
meets only four of these criteria, and is questionably called a "barrier" island. In addressing estuarine
islands, the Plan requires that certain measures be taken, such as utilities provision, access on and off
the island, etc. The applicant has spent the past year trying to address and satisfy these requirements,
and feel she has done so. The County attorney has stated that the project is exempt from the
subdivision ordinance addressing infrastructure road systems. This interpretation is included.
The waters of Masonboro Sound are classified SA-ORW by the Division of Environmental
Management; this area is a designated Primary Nursery Area; and the waters are open to the taking
of shellfish. Federal flood insurance is not available for any development on this island. The New
Hanover County Health Department Sanitarian has visited the site, and determined that a septic system
permit is available. They have chosen not to issue this permit until the applicant can show permits for
the primary use, namely, the residence.
The location of this island within the Estuarine Research Reserve System has necessitated full review,
and a major CAMA permit.
The proposal is to construct a single family residence on the northern end of the island, with a pier
extending westward towards the AIWW. The home and deck proposed have a total footprint of 1368
square feet. There will be no associated patios, driveways, or other impervious surfaces. The home
will be serviced by a well and septic system, and will utilize a gasoline generator, transporting fuel to
the island during visits. The residence is to be constructed east of the AIWW right of way. At its
closest point, the home will be approximately 160' from mean high water. The applicant anticipates
approximately 1/2 acre will have to be graded for the construction of the home, and the installation of
the well and septic system.
A boardwalk is proposed to connect the home to the proposed pier to the west. The boardwalk would
be approximately 350' in length, and 4' wide. The proposed pier will be 6' wide, and extend for 160'
in length. Approximately 20' of this is above mean high water, 60' stretches over S artina alterniflora,
and the remaining 80' extends into the open body of water. The pier connects to a 20' x 25' T-head,
terminating in -3.8' mean low water, approximately 200' from the AIWW.
For hurricane evacuation the applicant has proposed and been approved by the County to utilize a pier
on property they own on Topsail Island. Though the policy in the Land Use Plan requires a access to
the mainland, the New Hanover County Planning Department has determined that access onto an island
with a DOT maintained bridge satisfies this requirement.
10. ANTICIPATED IMPACTS
Approximately 1/2 acre of high ground will be graded and filled for home construction, and well and
septic tank installation. The project falls far below the percentage allowance for built -upon area within
the ORW Estuarine Shoreline. The boardwalk will be placed on 1400 square feet of high ground. The
pier will be elevated over approximately 120 square feet of mixed high marsh, approximately 360
square feet of S artina alterniflora, and will incorporate approximately 980 square feet of open water.
Wetlands will be crossed with equipment and supplies during construction. This must be accomplished
very carefully in order not to damage the wetland system.
Submitted by: T. Barrett Date: 4/28/95 Office: Wilmington
o 11dY if'.ii -3ar Wil.
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APPRoX
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PROPOSED PIER
MASONBORO SOUND, NEW IIANOVER COUNTY
For
*..
cn .
EVA S. KETELSLECER
J
P.O. BOX 56
^'a
KENANSVILLE NC 28349
IY_>
v7
June 7, 1994
SHEET 2 of 2
Society For Masonboro Island Inc
'"•r. H. Smith Richardson,Jr.
624G Head Road
Wilmington,N,C. 28409
September 20,1995
Dear Mr. Richardson,
I am writing to inform you of the pending CRMA major permit
application of Mrs. Eva Kettlesleger to build a residence on
a spoil island directly across from the UNCW research site
and within the boundary of the Masonboro component of the
North Carolina Estuarine Research Reserve System. (See maps
attached.)
This island is composed of sand and it is feared that her,
proposed septic field would fail when the US Army Corps of
Engineers exercises its disposal easement. It is anticipated
that such an event would flush excess nutrients and other
pollutants into the reserve waters which are a primary
nursery habit- and classified as ORW.
The spoil islands should immediately be acquired by the
State.In the reserve program management plan entered into by
the State and the Federal government,it was anticipated that
these islands and Masonboro Island would be acquired by the
State. The Federal government will evaluate the N.C.
Estuarine Research Reserve program in February of 1996. It
is ;probable that if the Division of Coastal Management grants
this permit that it will negatively effect the evaluation.
To date, the Federal government has expended approximately
$2. c million dollars on the Masonboro component of the
N. C. Reserve prograd.
Ms.Kettlesleger claims title through a Board of Educatir-n � 1
deed. Pt present, the N. C. Supreme Court is deliberating _ether:
=rases concerning claims of title through Board of Education
deeds and public trust 'rights. The result of these cases may
change the entire status of Mos. Kettlesleger's claim of
title. Her appl;cat,i.on,if granted at this time :would decry
public access to an area that may be found to be subject to
public trust rights.
P.O. Box 855 9 Wrightsville Beach, N.C. 28480 • (919) 256-5777
This is the first application of its kind in this reserve
component. The precedent which will be set by this decision
will effect the future of this island/estuarine ecosystem.
This spoil island is approximately 32 acres in size. The
northernmost IS acre portion is claimed by Ms. Kett lesleger.
The adjacent quarter of the island is owned by her brother.
The southernmost portion of the island is owned by Landfall
Properties Inc. , a corporation which was formed to acquire and
develop real estate. It is unknown at this time what plans
this corporation has for its property.
The members of the Society for Masonboro Island,Inc. have
worked since 1983 to protect this barrier island/estuarine
ecosystem. It is hoped that the State of North Carolina will
carefully scrutinize this application and deny the permit
requested in order to ensure that the Masonboro Island
reserve area is protected for future generati� ins. Many of the
members of the Society have sent comments to the Division of
Coastal Management expressing their concerns about this
proposal.
1 would appreciate it if you would review the supporting
documents which are attached. It would be my pleasure t
discuss this matter with you at your convenience.
S 1�nc%ere�I �y, '`/'�1'
V1&1�- wwwa
Marian . _ M^Phaul
ad
Society For Masonboro Island
Notice i i
August 9, ..
On behalf of the Board of Directors I am writing to give you an opportunity to
make comment on the application of Eva S. Ketelsleger to construct a vacation
residence and pier on an undeveloped island within the Masonboro Island
component of the North Carolina Estuarine Research Reserve System. This property
is located at channel marker number 139 in the Atlantic Intracoastal Waterway (AIWW),
at the north end of Goat Island, in New Hanover County.(SEE ENCLOSED MAPS.) This
site is directly across the AIW W from the UNC-W pier and research facility. The
applicant proposes to build a residence and deck, having a total footprint of 1368
square feet, install a well, a septic system, and utilize a gasoline generator for power
The Board of Directors is concerned that this type of development of a spoil
island may threaten the integrity of the Masonboro Island ecosystem. The danger of
pollution of these pristine waters would increase if the US Army Corps of Engineers
exercises its right to deposit salt water and sand on the deposit easement it holds on
the island
At this time, it is anticipated that the North Carolina Division of Coastal
Management will grant the permit within days.
For your information I have attached my letter dated May 31, 1995, to
Roger N. Schecter, Director, Division of Coastal Management. If you would like to
make a comment, please do so at once as time is J the essence.You may direct your
comment to:
Roger N. Schecter
Director, Division of Coastal Management
PO Box 27687
Raleigh, NC 27601
FAX (919) 733-1495
Thank you for taking the time to review these materials. Please call me at the
office (910) 256-5777 for further information.
Sincerely, ^
(✓),
Marian T. McPhaul
Executive Director
P.O. Box 855 • Wrightsville Beach, N.C. 28480 • (919) 256-5777
Society For Masonboro Island
i':n.yer N. Schecter
Director
Division of Coastal
PO Box 27687
Raleigh, N. C. 27601
Management
RE:Eva Kettlesleger Application
for CAMA Major Development permit
(N. H. County)
Dear Mr. Schecter
On behalf of the Roared of Directors and the members of the
Society for Masonboro Island, Inc. I request that you
strenuously scrutinize this permit application.
Ms. Kettlesleger• has requested a permit to build a residence
and a pier on a dredge spoil island directly across the
inland waterway from the UNCW Research facility and within
the boundaries of the Masonboro Island component of the North
Carolina Estuarine Research Reserve. She states that she will
build a septic system for waste,and drill a well on the
island for a water- supply,she plans to power the residence
with a gasoline generator.
The New Hanover County Land Use Flan designates this area as
a conservation area which should be preserved in its natural
state. It is an estuarine area of environmental concern. The
waters surrounding the island are outstanding resource waters
and a primary nursery habitat.
The New Hanover County planning Department through a grant
provided by the Division of Coastal Management office in 1988
produced a document entitled Potential Development of
Estuarine Islands in New Hanover County. The conclusions of
the staff were:
(1) That the spoil islands were inappropriate for, residential
development because of the probable disruptive impacts of
disposal activities on septic fields and wells as a result of
changes ire the water table. These activites wr_uld create a
hazard of pollution in the underlying ground water and
marshes.It is anticipated that the U.S. Army Corps of
Engineers will exercise its easement in the future and that
this island will be used for disposal activites.
(2)Further, this study found that "one major drawback to
residential development of these islands would be the
difficulties encountered in their evacuation in case of a
hurricane. The time required for evacuation would be
significantly extended because the first step would be
evacuation by boat Which Would be hampered by the adverse
water conditions that often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
P.O. Box 855 • Wrightsville Beach, N.C. 28480 . (919) 256-5777
r
cater- conditions that often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
addition,adequate docking facilites and parking would be
required on the mainland. It should be noted that the County
has adopted a stringent policy(1.1(2)) in its Land -Use Plan
that eliminates the use of barrier islands for residential
development if the island does not have an adequate
evacuation network of roads and bridgms.'(p.3,4)
Ms.Yettlesleger claims title through a Beard of Education
deed. Is her claim of ownership of the island a valid claim
that complies with generally recognized standards of proof of
title against claims by the State of North Caroline.? As you
know, the N.C. Supreme Court is currently deliberating cases
concerning similar Board of Educatioo titles and public trust
rights.The result of these cases may change the entire status
of MI.Ketelsleger's application. Her application,if granted
at this time, would deny public access to what may well be
found to be a public trust area.
The members of the Society for Masonboro Island,Inc. have
worked since 1983 to protect this barrier- island/estuarine
ecosystem. The decision made on this permit application will
set a precedent for the future of the reserve area. In
closing,on behalf -of the membership, for the reasons stated
above, I would ask you to carefully scrutinize this
application and deny the permit requested in order to ensure
that the Masonboro Island reserve area is protected for
future generations.
S'ncerely,
Marian T. Mc^haul _
Executive Director
North Carolina NaLioilaI Estuarine
Research Reserve
Goat ®�
Island / r
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Figure 10. Boundary and habitats of the
Masonboro Island Component
16
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REGISTERED LAND SURVLYOn
118 Friendly Lane
Wilmington. NC 284Q
(910) 199-7104
FAX (91-0) 799-1555
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,ob�•9W N•W•�' MASONBORO SOUND, NEW HANOVER COUNTY
For
EVA S. KETELSLEGER
P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994
SHEET 1 of 2
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 13, 1995
Ms. Marian McPhaul, Executive Director
Society for Masonboro Island; Inc.
P. O. Box 855
Wrightsville Beach, North Carolina 28480
Mr. Marvin Moss
Provost and Vice Chancellor for Academic Affairs
University of North Carolina at Wilmington
601 South College Road
Wilmington, North Carolina 28403-3297
Dear Ms. McPhaul and Mr. Moss:
&4
[DFEE HNR
Upon returning from vacation on September 11th I received your August 22, 1995 letter
about Mrs. Eva Ketelsleger's CAMA major permit application for development on Goat
Island. I appreciate the time and attention you have given to this application.
As you may know, we recently were advised by the Attorney General's Office that an
environmental document must be prepared for this project before a permit decision is made.
We are preparing that document now. You will have the opportunity to read and comment
on the completed environmental document. I will let you know when the document is
released and will be sure you receive a copy.
Thank you again for writing. Your comments will be added to the permit file.
Sincerely,
Roger . S eater
cc: Doug Huggett
Bob Stroud
P.O. Box 27687, Rcieigh, North Corolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper
COPY TO: PRES PATE
JOHN PARKER
BOB STROUD
ALISON DAVIS
August 22, 1995
Mr. Roger N. Schecter, Director
Division of Coastal Management
Raleigh, NC 27611-27687
Re: Application for CAMA Major Permit on Goat Island
Dear A& Schecter:
f
RECEIVED
AUG 25 1995
COASTAL
MANAGEMENT
Thank you for our meeting of August 16, 1995. As we stated at that time, the Society for
Masonboro Island Inc. and the University of North Carolina at Wilmington (UNCW) oppose
the issuance of the subject permit.
It is our position that the activities embraced in the permit application threaten, degrade, and
are inconsistent with the mission of the North Carolina National Estuarine Research Reserve.
We also assert that the activities embraced in the permit application violate, contravene, or
are inconsistent with numerous local, state, and federal statutes, regulations, and policies.
We cite the following:
1. While the proposed residence in the permit application is more than 40' from
the estuarine shoreline AEC, the exemption for single family residences in
15A NCAC 7K.0208, by its plain language, does not include the proposed
septic tank and drain field. Their installation will clearly involve development,
as defined in GS 113A-103(5)a., and requires a permit since it is within the
575' AEC for the ORW shoreline. Although 7K.0208 may have been
interpreted to exempt the septic tank and drain field, we oppose such an
interpretation, which must be rejected as an unadopted rule that is
unenforceable and inconsistent with the plain language of the adopted rule.
2. The proposed house and septic tank are within the ORW 575' estuarine
shoreline AEC. See 15A NCAC 7H.0209(b). It appears from a review of the
pending file that the DCM has considered only the 75' shoreline generally
applicable to all estuarine waters. However, we strongly urge reconsideration
of this matter. DCM's own Field Investigation Report notes that "the waters of
R. Schecter: Goat Island Permit
August 22, 1995
Page -2-
Masonboro Sound are classified SA-ORW by the Division of Environmental
Management; this area is designated Primary Nursery Area; and the waters are
open to the taking of shellfish." In addition, the DCM Field Investigation
Report notes: "AEC(s) Involved: PT, EW, ES, CW".
3. The proposed pier in the permit application will be for private use of publicly
owned lands within SA-ORW waters and within the National Estuarine
Research Reserve, and shall not be permitted under the Coastal Reserve statute
or rules. See GS 113A-129.2(e), 15A NCAC 70.0202(2), and Friends of
Hatteras Island v. CRC, 117 NC App. 556, 569-579 (1995). Thus the pier
application should be denied under 15A NCAC 2H.0601.
4. From the DCM permit file, it appears that the pier application was withdrawn
from the CAMA general permit and is being evaluated on a case -by -case
standard under 15A NCAC 7J per 15A NCAC 7H.1204(f). Therefore, a
NCEPA environmental analysis document is required. See GS 113A-12(2). If
the pier application has not been withdrawn for case by case consideration, we
assert that it should be so withdrawn due to the unique, highly sensitive, and
especially protected area into which it is to be placed and which it impacts.
Specific advantages of an EIS would be to address many of the issues found
most troublesome by the objecting parties: cumulative impacts; multiple
development; sewage disposal or treatment; solid waste disposal; fuel spills;
and county services (fire, rescue). It is our understanding that there is some
staff sentiment to the effect that even if the pier has been or is withdrawn
from general permit for case by case consideration, that it is exempt from
SEPA review as long as it is eligible to be approved under general permit
standards regardless of whether it is actually approved in a general permit. We
strongly disagree with any such interpretation, and assert" that such an
interpretation is inconsistent with the plain language of the rule. If the permit
is withdrawn from the general permit, as it either has been or should be, then
it is no longer under the rule for any purpose. Again, a contrary interpretation
must be rejected as an unadopted rule, inconsistent with the plain language of
the adopted rule.
5. The effect of the legislation creating the North Carolina National Estuarine
Research Reserves is to de facto and de jure designate them as AECs pursuant
to GS 113A-113(b)(4)(a) and Section 315 of the U.S. Coastal Zone
Management Act, 16 U.S.C. 1461, pursuant to which the United States
officially designated the Masonboro Island Component of the North Carolina
R. Schecter: Goat Island Permit
August 22, 1995
Page -3-
Estuarine Research Reserve. The federal Designation (copy attached)
specifically noted that "North Carolina state law provides long-term protection
for reserve resources to ensure a stable environment for research [and] to
enhance public awareness and understanding of estuarine areas and provided
suitable opportunities for public education and interpretation [and] North
Carolina has complied with the requirements of the regulations relating to
designation of a National Estuarine Research Reserve." Consequently, the
permit application should be denied pursuant to GS 113A-120(a)(4) as
incompatible with the purposes for which the reserve was created. The island
and the surrounding waters are clearly within the boundaries of the reserve.
15A NCAC 70.0105 requires the DCM to keep a "detailed boundary map for
each component." As only one such map exists (copy attached), it must be the
official boundary map. However, even if the high lands of the island are
outside the reserve, [as argued by counsel for the applicant], the surrounding
waters are clearly within the reserve. Therefore, activities even on private
lands within the reserve which will violate current rules (discharges of
contaminated water and noise beyond the bounds of the private land) are
forbidden and are a basis of permit denial under 15A NCAC 7H.0601.
6. The proposed development, and cumulative impacts of further development,
will have an adverse impact on the uses and anticipated uses of the coastal
reserve in violation of the antidegradation provisions of the State and Federal
Clean Water Acts. See 15A 2B.0201, and Title 33, USC 1313(d)(4)(B). Thus,
the permit application should be denied under 15A NCAC 711.0601. The
development, if permitted, will undoubtedly be the first of several similar
developments on this island and other privately owned islands within the
coastal reserve. The cumulative impacts of the houses, their septic systems,
their access piers and docked boats will result in violations of the state
standards protecting coastal reserves, ORWs used for university research,
PNAs, and shellfish harvest. Thus, the permit application should be denied
pursuant to GS 113A-120(a)(10).
7. The potential problems from the septic tank are greater than the problems
subject to regulation solely as human health concerns by the county septic tank
permit procedure. The drain field will cause an increase in the nutrients
naturally occurring in the waters of the Coastal Reserve. Such discharge into
the reserve will violate 15A NCAC 7O.0202(8)(b) [barring any activity which
will result in the discharge of liquids other than uncontaminated estuarine
water into a reserve] and the statutes requiring protection of coastal reserves.
R. Schecter: Goat Island Permit
August 22, 1995
Page -4-
The septic system will most likely fail and cause a discharge of untreated
sewage into the Coastal Reserve when the Army Corps of Engineers (COE)
exercises its right to deposit dredged materials and salt water on the island. We
are informed and believe that a permit application was denied in the Currituck
Reserve for a reverse osmosis plant that would have discharged non -estuarine
waters into the reserve.
8. The generator proposed by the applicant to be used as a source of power to the
house must be more fully analyzed. Insufficient information has been
presented by the applicant on this proposed use. The generator, especially
when used intermittently as proposed, and also if exceeding certain noise
levels whether or not operated intermittently, can cause noise pollution
problems to nesting and feeding shore birds and poses an unacceptable risk of
fuel spill damage to the coastal reserve. See 15A NCAC 7O.0202(e) and
(8)(b)•
9. The permit application does not indicate how solid waste will be handled that
is generated by occupancy of the house. The risk that it will be disposed of,
even inadvertently, in the reserve requires the application to be denied. See
15A NCAC 7O.0202(8)(a) [barring any activity which might result in the
deposition of solid materials not indigenous to the local coastal ecosystem].
10. For the reasons stated in the August 14, 1995 letter from the Assistant County
Manager of New Hanover County, and reiterated, stressed and extended by the
Assistant County Manager and the County Attorney in the meeting with you
and Deputy Secretary Rimer on August 16, 1995, the permit application
contravenes, violates, and is inconsistent with the New Hanover County Land
Use Plan and should be denied pursuant to GS 113A-120(a)(8) and 15A
NCAC 7H.0601.
For the foregoing reasons, we maintain that approval of the proposed development clearly
contravenes and violates key statutes, regulations, and policies of the federal, state, and local
governments, and that such development also represents a major threat to the mission of the
North Carolina National Estuarine Research Reserve and the preservation of this vital
estuarine system.
R. Schecter: Goat Island Permit
August 22, 1995
Page -5-
Thank you very much for your consideration. We will be glad to provide further information
and assistance upon request.
Sincerely yours,
Marian McPhaul, Executive Director
Society for Masonboro Island
Marvin Moss
Provost and Vice Chancellor
for Academic Affairs
University of North Carolina at Wilmington
Copies Secretary Jonathan Howes
Assistant Secretary Linda Rimer
Honorable Richardson Preyer
Attachments:
1. U.S. Designation of National Estuarine Research Reserve
2. Boundary Map, Masonboro Island Component
o
n.
UNITED STATES DEPARTMENT OF COMMERCE
The Under Secretary for
Oceans and Atmosphere
We5rwnpcoM 0.C.20230 ,
DESIGNATION OF THE NORTH CAROLINA
NATIONAL ESTUARINE RESEARCH RESERVE
MASONBORO ISLAND COMPONENT
Consistent with the provisions of Section 315 of the Coastal Zone
Management Act, 16 U.S.C. 1.461, the State of North Carolina has
met the following conditions to establish Masonboro Island as a
component of the North Carolina National, Estuarine Research
Reserve.
1) Masonboro Island is a representative estuarine ecosystem
that is suitable for long-term research and contributes to the
biogeographical and topological balance of the National Estuarine
Research Reserve System.
2) North Carolina state law provides long-term protection
for reserve resources to ensure a stable environment for
research.
3) Designation of Masonboro Island as a reserve component
will serve to enhance public awareness and understanding of
estuarine areas and provide suitable opportunities for public
education and interpretation.
4) The State of North Carolina has complied with the
requirements of the regulations relating to designation of a
National Estuarine Research Reserve.
Accordingly, I hereby designate the area of Masonboro Island as a
component of the North Carolina National Estuarine Research
Reserve, the boundaries of which are specified in the Final
Management Plan.
A,kf
Jo n A. Knauss
Un er Secretary for Oceans
and Atmosphere
d'0~
� �l
THE ADMINISTRATOR
,,Norlli Carolina National - Estuarine
Research Reserve
UNCw5
Propert /
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Figure 10. Boundary and Habitats of the
Masonboro Island Component
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State of North Carolina
Department of Environment,
Health and Natural Resources 4 0 0
Division of Coastal Management •w
James B. Hunt, Governor Jonathan B. Howes, Secretary
Roger N, Schecter, Director
September 12, 1995
Mr. Marvin K. Moss
Provost and Vice Chancellor for Academic Affairs
The University of North Carolina at Wilmington
601 South College Road
Wilmington, North Carolina 28403-3297
Dear Mr. Moss:
Thank you for your request for a copy of the environmental document under preparation for the
Ketelsleger permit application for development on Goat Island. I will be sure you receive a copy
when it is released for review and comment.
Thank you for your interest in this application.
Sincerely,
roger hecter
cc: Doug Huggett
Bob Stroud
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
The University of North Carolina at Wilmington
601 South College Road
Wilmington, North Carolina 28403-3297
Marvin K Moss
Provost and Vice Chancellor for Academic Affairs
910-395-3389
FAx 910-350-3922
September 6, 1995
Mr. Roger Schecter
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Schecter:
Subject: NCEPA for Ketelsleger Permit, Goat Island
With respect to the subject issue, I request a copy of any documents prepared and
an opportunity to comment before finalization.
Sincerely,
Marvin K. Moss
Imac
Teaching • Research • Semite
AooanGweot inailwtion ofne Univemty of Nooh Cm Um- C. D. Spangler, Jr, Aesi&nt
An equal oppm,wity/affomative action emplUer
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State review
fay PHILIP HERVEY
Staff w0ifer
State officials will take a closer
look at a woman's plans to build a
house and pier on an undeveloped
New Hanover County island before
giving her their blessing.
Sven if Eva Ketelsleger wins the
go-ahead from esuit adeppears
New
unlikely he'llper
Hanover County to constructionlper-
mits needed to begin
on Goat Island.
The state was to rule on Ms.
Keteisleger's permit application by
Sept. 24. But that date wont be
met because the M.C. Division of
Coastal Management,has put the
Ian for Goat .Island
p
permit on hold so it can conduct an
environmental impact study on the
project.
"ft is a delay, that is definite,"
said Alison Davis. a spokesman for
Coastal Management. She couldn't
say how long the review would
take.
Coastal Management decided to
do the study on advice from the
N.C. Attorney General's Office
that one is needed under the state
Environmental Policy Act, she
said. flans to build a pier over pub-
lic waters triggered the need for
the additional study.
his. Ketelsleger owns about half
of the tiny island, which is next to
Masonboro island. The state has
been.working for more than a dec-
w5n�
development
ad e to preserve Masnnboro, the
longest strip of undeveloped beach
south of Cape Lookout -
The state owns 471 of the 515
acres on Masonhoro Island. Goat
Island is one of two spoil islands
the state doesn't o a
Masnnboro area. Theyre con d
eyed ripe for preservation.
Because Of the preservation ef-
fort, Ms. Ketelsleger has been
forced to apply for a "majoe, per-
mit for the house and pier. Several.
state agencies in addition to.
Coastal' Management have been
reviewing the application.
Ms. Davis said the additional•
suvtiny by Coastal Management is
routine and has nothing to do with
Goat Island's proximity to Mason
boro,
"This is not being done in an at-
tempt to get the island; an
said.
Harold Seagle, Ms.
Ketelsleger's attorney, would not
comment on the matter Tuesday.
Calling the project a violation of
its land -use plan. the county isn't
planning to allow any construction
on Goal island. The land -use plan
is a guide for how'lhe county
should develop.
The county says it won't issue
,&. Ketelsleger any building per-
mits.
"We're trying to hold that back
because it runs counter to our land -
use plan for harrier islands,"
said
Sam Burgess, a county planner.
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LOUIE E. WOODBURY, JB.
500 WAOHOYIA BVTMHNG
WILMINGTON, NORTH OAROLINA 08401
'INS
NS WE RE D AUG August 22, 1995
Mr. Roger N. Schecter
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27601
Dear Mr. Schecter:
RJR€IVEO
AW 25 r�ffi
AL
As a citizen, I am deeply interested in the preservation of Masonboro Island. I
would like to oppose Ms Ketelsleger's application which I feel, if granted, will deny
public access to what may well be a public trust area.
Ms Ketelsleger claims title through a Board of Education deed. The North Carolina
Supreme Court is currently deliberating cases concerning similar Board of Education
titles and public trust rights. The rights of these cases may change the entire status
of Ms. Ketelselger's application.
The members of the Society For Masonboro Island, Inc. have worked since 1983 to
protect this barrier island/estuarine ecosystem. The decision made on this
permit/application will set a precedent for the future of the reserve area. I will
appreciate it very much if you will carefully scrutinize this application and deny the
permit required in order to insure that the Masonboro Island area is protected for
future generations.
Your consideration is sincerely appreciated.
S
i Lincerel
r
ouie E. Woo bury r.
LEWJr/dmt
COPY TO: PRES PATE
JOHN PARKER
BOB STROUD
ALISON DAVIS
August 22, 1995
Mr. Roger N. Schecter, Director
Division of Coastal Management
Raleigh, NC 27611-27687
Re: Application for CAMA Major Permit on Goat Island
Dear Mr. Schecter:
C
REcEIVEO
AUG 25 1995
COASTAL
MANAGEMENT
Thank you for our meeting of August 16, 1995. As we stated at that time, the Society for
Masonboro Island Inc. and the University of North Carolina at Wilmington (UNCW) oppose
the issuance of the subject permit.
It is our position that the activities embraced in the permit application threaten, degrade, and
are inconsistent with the mission of the North Carolina National Estuarine Research Reserve.
We also assert that the activities embraced in the permit application violate, contravene, or
are inconsistent with numerous local, state, and federal statutes, regulations, and policies.
We cite the following:
1. While the proposed residence in the permit application is more than 40' from
the estuarine shoreline AEC, the exemption for single family residences in
15A NCAC 7K.0208, by its plain language, does not include the proposed
septic tank and drain field. Their installation will clearly involve development,
as defined in GS 113A-103(5)a., and requires a permit since it is within the
575' AEC for the ORW shoreline. Although 7K.0208 may have been
interpreted to exempt the septic tank and drain field, we oppose such an
interpretation, which must be rejected as an unadopted rule that is
unenforceable and inconsistent with the plain language of the adopted rule.
2. The proposed house and septic tank are within the ORW 575' estuarine
shoreline AEC. See 15A NCAC 7H.0209(b). It appears from a review of the
pending file that the DCM has considered only the 75' shoreline generally
applicable to all estuarine waters. However, we strongly urge reconsideration
of this matter. DCM's own Field Investigation Report notes that "the waters of
R. Schecter: Goat Island Permit
August 22, 1995
Page -2-
Masonboro Sound are classified SA-ORW by the Division of Environmental
Management, this area is designated Primary Nursery Area; and the waters are
open to the taking of shellfish." In addition, the DCM Field Investigation
Report notes: "AEC(s) Involved: PT, EW, ES, CW".
3. The proposed pier in the permit application will be for private use of publicly
owned lands within SA-ORW waters and within the National Estuarine
Research Reserve, and shall not be permitted under the Coastal Reserve statute
or rules. See GS 113A-129.2(e), 15A NCAC 70.0202(2), and Friends of
Hatteras Island v. CRC, 117 NC App. 556, 569-579 (1995). Thus the pier
application should be denied under 15A NCAC 211.0601.
4. From the DCM permit file, it appears that the pier application was withdrawn
from the CAMA general permit and is being evaluated on a case -by -case
standard under 15A NCAC 7J per 15A NCAC 7H.1204(f). Therefore, a
NCEPA environmental analysis document is required. See GS 113A-12(2). If
the pier application has not been withdrawn for case by case consideration, we
assert that it should be so withdrawn due to the unique, highly sensitive, and
especially protected area into which it is to be placed and which it impacts.
Specific advantages of an EIS would be to address many of the issues found
most troublesome by the objecting parties: cumulative impacts; multiple
development; sewage disposal or treatment; solid waste disposal; fuel spills;
and county services (fire, rescue). It is our understanding that there is some
staff sentiment to the effect that even if the pier has been or is withdrawn
from general permit for case by case consideration, that it is exempt from
SEPA review as long as it is eligible to be approved under general permit
standards regardless of whether it is actually approved in a general permit. We
strongly disagree with any such interpretation, and assert that such an
interpretation is inconsistent with the plain language of the rule. If the permit
is withdrawn from the general permit, as it either has been or should be, then
it is no longer under the rule for any purpose. Again, a contrary interpretation
must be rejected as an unadopted rule, inconsistent with the plain language of
the adopted rule.
5. The effect of the legislation creating the North Carolina National Estuarine
Research Reserves is to de facto and de jure designate them as AECs pursuant
to GS 113A-113(b)(4)(a) and Section 315 of the U.S. Coastal Zone
Management Act, 16 U.S.C. 1461, pursuant to which the United States
officially designated the Masonboro Island Component of the North Carolina
R. Schecter: Goat Island Permit
August 22, 1995
Page -3-
Estuarine Research Reserve. The federal Designation (copy attached)
specifically noted that "North Carolina state law provides long-term protection
for reserve resources to ensure a stable environment for research [and] to
enhance public awareness and understanding of estuarine areas and provided
suitable opportunities for public education and interpretation [and] North
Carolina has complied with the requirements of the regulations relating to
designation of a National Estuarine Research Reserve." Consequently, the
permit application should be denied pursuant to GS 113A-120(a)(4) as
incompatible with the purposes for which the reserve was created. The island
and the surrounding waters are clearly within the boundaries of the reserve.
15A NCAC 70.0105 requires the DCM to keep a "detailed boundary map for
each component." As only one such map exists (copy attached), it must be the
official boundary map. However, even if the high lands of the island are
outside the reserve, [as argued by counsel for the applicant], the surrounding
waters are clearly within the reserve. Therefore, activities even on private
lands within the reserve which will violate current rules (discharges of
contaminated water and noise beyond the bounds of the private land) are
forbidden and area basis of permit denial under 15A NCAC 7H.0601.
6. The proposed development, and cumulative impacts of further development,
will have an adverse impact on the uses and anticipated uses of the coastal
reserve in violation of the antidegradation provisions of the State and Federal
Clean Water Acts. See 15A 2B.0201, and Title 33, USC 1313(d)(4)(B). Thus,
the permit application should be denied under 15A NCAC 7H.0601. The
development, if permitted, will undoubtedly be the first of several similar
developments on this island and other privately owned islands within the
coastal reserve. The cumulative impacts of the houses, their septic systems,
their access piers and docked boats will result in violations of the state
standards protecting coastal reserves, ORWs used for university research,
PNAs, and shellfish harvest. Thus, the permit application should be denied
pursuant to GS 113A-120(a)(10).
7. The potential problems from the septic tank are greater than the problems
subject to regulation solely as human health concerns by the county septic tank
permit procedure. The drain field will cause an increase in the nutrients .
naturally occurring in the waters of the Coastal Reserve. Such discharge into
the reserve will violate 15A NCAC 7O.0202(8)(b) [barring any activity which
will result in the discharge of liquids other than uncontaminated estuarine
Water into a reserve] and the statutes requiring protection_of coastal reserves.
R. Schecter: Goat Island Permit
August 22, 1995
Page -4-
The septic system will most likely fail and cause a discharge of untreated
sewage into the Coastal Reserve when the Army Corps of Engineers (COE)
exercises its right to deposit dredged materials and salt water on the island. We
are informed and believe that a permit application was denied in the Currituck
Reserve for a reverse osmosis plant that would have discharged non -estuarine
waters into the reserve.
8. The generator proposed by the applicant to be used as a source of power to the
house must be more fully analyzed. Insufficient information has been
presented by the applicant on this proposed use. The generator, especially
when used intermittently as proposed, and also if exceeding certain noise
levels whether or not operated intermittently, can cause noise pollution
problems to nesting and feeding shore birds and poses an unacceptable risk of
fuel spill damage to the coastal reserve. See 15A NCAC 7O.0202(e) and
(8)(b)•
9. The permit application does not indicate how solid waste will be handled that
is generated by occupancy of the house. The risk that it will be disposed of,
even inadvertently, in the reserve requires the application to be denied. See
15A NCAC 7O.0202(8)(a) [barring any activity which might result in the
deposition of solid materials not indigenous to the local coastal ecosystem].
10. For the reasons stated in the August 14, 1995 letter from the Assistant County
Manager of New Hanover County, and reiterated, stressed and extended by the
Assistant County Manager and the County Attorney in the meeting with you
and Deputy Secretary Rimer on August 16, 1995, the permit application
contravenes, violates, and is inconsistent with the New Hanover County Land
Use Plan and should be denied pursuant to GS 113A-120(S)(8) and 15A
NCAC 7H.0601.
For the foregoing reasons, we maintain that approval of the proposed development clearly
contravenes and violates key statutes, regulations, and policies of the federal, state, and local
governments, and that such development also represents a major threat to the mission of the
North Carolina National Estuarine Research Reserve and the preservation of this vital
estuarine system.
R. Schecter: Goat Island Permit
August 22, 1995
Page -5-
Thank you very much for your consideration. We will be glad to provide further information
and assistance upon request.
Sincerely yours,
Marian McPhaul, Executive Director
Society for Masonboro Island
Marvin Moss
Provost and Vice Chancellor
for Academic Affairs
University of North Carolina at Wilmington
Copies Secretary Jonathan Howes
Assistant Secretary Linda Rimer
Honorable Richardson Preyer
Attachments:
1. U.S. Designation of National Estuarine Research Reserve
2. Boundary Map, Masonboro Island Component
Qf,
UNITED STATES DEPARTMENT OF COMMERCE
The Under Secretary for
Oceans and Atmosphere
Wasrvnpcom D.C. 20230
DESIGNATION OF THE NORTH CAROLINA
NATIONAL ESTUARINE RESEARCH RESERVE
MASONHORO ISLAND COMPONENT
Consistent with the provisions of Section 315 of the Coastal Zone
Management Act, 16 U.S.C. 1461, the State of North Carolina has
met the following conditions to establish Masonboro Island as a
component of the North Carolina National, Estuarine Research
Reserve.
1) Masonboro Island is a representative estuarine ecosystem
that is suitable for long-term research and contributes to the
biogeographical and topological balance of the National Estuarine
Research Reserve System.
2) North Carolina state law provides long-term protection
for reserve resources to ensure a stable environment for
research.
3) Designation of Masonboro Island as a reserve component
will serve to enhance public awareness and understanding of
estuarine areas and provide suitable opportunities for public
education and interpretation.
4) The State of North Carolina has complied with the
requirements of the regulations relating to designation of a
National Estuarine Research Reserve.
Accordingly, I hereby designate the area of Masonboro Island as a
component of the North Carolina National Estuarine Research
Reserve, the boundaries of which are specified in the Final
Management Plan.
Jo n A. Knauss
Unger Secretary for oceans
and Atmosphere
THE ADMINISTRATOR ,~sY
-Norll► Carolina National Estuarine
Researel► Reserve
UNCW TT
Propert�/
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Figure 10. Boundary and Habitats of the
Masonboro Island Componanc
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1 1111 iiiiiiiiiiiiiiiiiiiiiilllfilill'
Roger N Schecter
Director, Division of Coastal
Management
P.O.Box Box 27687
Raleigh, NC 27601
I am opposed to the construction of a vacation residence and
pier on an undeveloped island within the Masonboro Island
component of the North Carolina Estuarine Research Reserve
System. This is in consideration of threatened and
endangered wildlife and environmental pollution in south-
eastern North Carolina.
Sincerely/ry
(�4
! r nci
102 Skystasail
Wilmington, N.C. 28409
August 18, 1995 AtiSwERED NUG 3 � 1555
7409 Masonboro Sound Road
Wilmington, NC 28409
August 11, 1995
Roger N. Schecter
Director, Division of Coastal Management
PO Box 27687
Raleigh, NC 27601
RE: Kelltlesleger application for CAMA permit
Dear Mr. Schecter:
RECEIVE] ' :a
AUG 241i :
COASTAL
MANAGEMENT LCC
As a resident of New Hanover County, I am distressed to learn of the request by Eva Kettlesleger
for a permit to build a residence and pier on a dredge spoil island on the inland waterway.
Aside from the questionable environmental and practical implications of this project, the island
property in question is part of system abutting Masonboro Ishmd which is unique in our county as
a totally undeveloped conservation area. What a tragedy its conversion to residential use would
be for the future of our county.
Since r ,
kz6- 16-
Doris L. Levy
ANSWERED AUG 3 0
Guy F. Willey
257 Marsh Hen Dr.
Wilmington N.C.28409
Aug. 17 1995
Roger N. Scheeler
Director
Division of Coastal Management
PO Box 27687
Raleigh, N.C. 27601
RE: Eva Kettlesleger Application
for CAMA Major Development Permit
(N.H. County)
Dear Mr. Schecter
I write to ask that the request to build a house and pier on Goat Island not be
approved.
1. To open the spoil islands on the east side of the Inland Waterway will
put the Masonboro Island area at risk.
2. The spoil islands are not areas that will support septic systems. Much effort
is being made to reduce the exposure of the waterway areas to septic
systems.
3. Overwash from not infrequent storms and hurricanes will put at risk anything
built above ground.
4. As a long time member of the Masonboro Island Soc. I am very interested
in preserving the Masonboro Island environment. Once its destroyed it is
destroyed forever.
It is for these reasons among others that I request that permits to build on these spoil
islands not be approved.
Guy F. Willey
F - J��t
:Ai2ElG
B95POAa
8 2'2 79
,Nq C043r, 8$
NAG1*4r,
August 19, 1995
Dear Mr. Schecter,
I hope it is not too late to voice my objection to Eva S. Ketelsleger's
application to build a vacation home and pier on an undeveloped island
within the Masonboro Island component of the North Carolina Estuarine
System. The area in question is a "spoil" island that has been designated
by the New Hanover County Land Use Plan as a conservation area. The waters
surrounding the island are outstanding resource waters. It is obvious that
this type of development is not in the best interest of the citizens of New
Hanover County. It is the responsibility of the Division of Coastal Manage-
ment to protect our dwindling natural resources.
Please deny this permit application!
Sincerely,
David L. Cl4notti `
PteplVeR
AU oA,2, 1Q§�
MANAGEN1 T
August 19, 1995
Dear Mr. Schecter,
As a member of the Wrightsville Beach Planning Board, I try to keep abreast
of the many issues that affect the citizens of our town. Recently it came to
my attention that a pier committee had been established to study pier reg-
ulations. I am deeply concerned that pier restrictions will be eased. I
feel this would be a mistake. We must strictly enforce pier and dock
regulations. Our coast is experiencing unprecedented growth and any
weakening of our pier and dock regulations is not in the best interest of the
citizens of North Carolina.
We in North Carolina are in a unique situation. While other states have al-
lowed their coastlines to become overdeveloped and polluted, our coastal
waters are still relatively clean and our shorelines undeveloped. We must
not repeat the mistakes of the past. We must chart a course that not only
encourages wise deveIopement but protects our coastal resources as wel I.
Let us make North Carolina the envy of other states. After al I, when you
think about it, the greatest places to live do not happen by accident...
they are planned that way by concerned citizens like you and II
Sincerely,
David L. Ci otti
A
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HLi1_ 16 '95 02:25PH FEDEPAL PHP'EP KiHP.D
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FEDERAL
rM Ra, PArE.K BMRD COMPANY. L`C
axeeutive Offices
August 16, 1995
Mr. Roger N. Schec ir
Director
Division of Coastal I 'lanagament
P 0. Box 27687
Raleigh, NC 27601
)ear Mr. Schecter:
1 J. Mark Massey, Jr.
Senor Vice President
Manuf lcturnp, Forest Prcaucts 6,
Rec idea Paperooard Division
j,rdSW A[P AUG 3 6 1995
I was quite amazed vhen I received information that a certain Eva S.
Ketelsleger might b. granted a permit to buiid a home, with a septic tank
and well, on a dredt a spoil island 'between the ICW and Masc nboro Island.
I have owned props ty for sometime on Holt Road adjacent to the UNCW
property. I am awe ie of the problems of Installing septic tank s in that area,
and am of the opini -i that it could not be permitted today, eve n on my land.
Surely such a perm could not be granted without extreme su :plclon of
'privilege" by the aLhorilative agencies, both state and count, 1, and the
subsequent potentli I for legal action.
Sincerely,
W. Mark Massey. J
WVY m1
Maso-oo+exec
75 CHE411. �ROOE RC >P MONTbALC N3W ARSE V 07645 201 391-1776 7AX 2C3 307-6124
AJVSWERED AUG 3 0 1n95
NATHAN ZACKHEIM N A6g�4
REGINA MCBARRON
5700 SHOEMAKER LN. "�cT
WILMINGTON ,N.C.
AUGUST 18,1995
p
ROGER N. SCHECTER
DIRECTOR, DIVISION OF COASTAL MANAGEMENT
P.O. BOX 27687
RALEIGH, N.C. 27601
DEAR SIR:
AS MEMBERS OF THE SOCIETY FOR MASONBORO ISLAND, WE VEHEMENTLY PROTEST
ANY CONSTRUCTION ON MASONBORO ISLAND.
FOR THE PAST 5 YEARS WE HAVE BEEN FIRST HAND OBSERVERS OF WET LAND
CONSTRUCTION. THE NEW HANOVER COUNTY LAND USE PLAN DESIGNATES THIS
AREA AS A CONSERVATION AREA, WHICH SHOULD BE PRESERVED IN ITS NATURAL
STATE. WE SUPPORT THEIR FINDING. PLEASE COUNT THIS AS A NEGATIVE VOTE
FOR RESIDENTIAL DEVELOPEMENT OF ANY SORT ON MASONBORO ISLAND.
THANK YOU FOR YOUR TIME AND CONSIDERATION IN THIS MATTER.
NI�A�TH�AN ZACKHEIM
REGINA MCBARRON
R
MRs. CECIL GANT, JUNIOR
713 EAST WILLOWBROOK DRIVE
BURLINGTON, NORTH CAROLINA 27215
August: 18,1995
Pager N.Schecter,Director
Division of Coastal Management
PO Box 27687
Raleigh, N.C. 27601
Dear Mr. Schecter,
�ySwEgE
RE: Eva Kettlesleger Application for
Major Development Permit, New Hanover
WG 3�gg5
0
CAMA
County
I strongly oppose the granting of any permit
for private use of the dredge spoil islands
along the intracoastal waterway and in particular,
on Goat Island on Masonb oro Sound which is
within the Masonboro Island part of the
North Carolina Estuarine Research Preserve.
A permit granted at this time to a claimant
holding a deed from the Board of Education
may be found to have been given on Public
Trust Lands as similar deeds are currently
being deliberated by the NC Supreme Court.
Spoil areas haven been dredged from public
waters and private use of such lands can be
seriously questioned.
Please deny this permit to insure that Masonboro
Island Reserve area is protected for the
public forever.
Thank you for your earnest consideration of
this petition.
Very truly yours,
Helen Hicks Moseley Gant
(Mrs. Cecil Gant, Jr.)
Con a -r_ �iLz_ �� ✓ `F_ T�4 ib / i
• �'�t-n+ i�'`Q C% lVr0.Sb�.e�
• p rwze F 7 �1
Society For Masonboro Island In.
Roger N. Schecter^
Director
Division of Coastal
PO Pox 27687
Raleigh,N.C. 27601
Dear Mr. Schecter
X 4+
REcc!vE0
AVG 22 095
nanagemeriti 0 - glfi'+A@Gwall h
NSW�Rgp
RENva K.ettlesleger Application
for CAMA Major Development Permit
(N.H.County)
7
On behalf of the Board of Directors and the members of the
Society for Masonboro Island,Inc.I request that you
strenuously scrutinize this permit application.
Ms. Kettlesleger has requested a permit to build a residence
and a pier on a dredge spoil island directly across the
inland waterway from the UNCW Research facility and within
the boundaries of the Masonboro Island component of the North
Carolina Estuarine Research Reserve. She states that she will
build a septic system for waste,and drill a well on the
island for a water supply,she plans to power the residence
with a gasoline generator.
The New Hanover County Land Use Plan designates this area as
a conservation area which should be preserved in its natural
state. It is an estuarine area of environmental concern. The
waters surrounding the island are outstanding resource waters
and a primary nursery habitat.
The New Hanover County Planning Department through a grant
provided by the Division of Coastal Management office in 1988
produced a document entitled Potential Development of
Estuarine Islands in New Hanover County. The conclusions of
the staff were:
(1) That the spoil islands were inappropriate for residential
development because of the probable disruptive impacts of
disposal activities on septic fields and wells as a result of
changes in the water- table. These activites would create a
hazard of pollution in the underlying ground water and
marshes.It is anticipated that the U.S. Army Corps of
Engineers will exercise its easement in the future and that
this island will be used for disposal activites.
(2)Further, this study found that "one major drawback to
residential development of these islands would be the
difficulties encountered in their evacuation in case of a
hurricane. The time required for evacuation would be
significantly extended because the first step would be
evacuation by beat which would be hampered by the adverse
water conditions that often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
P.O. Box 855 • Wrightsville Beach, N.C. 28480 0 (919) 256-5777 _
'Norlh Carolina National Estuarine
Research Reservc
d
Dredge Spoil
Crossland
Shrak Thicket
UNCWJ�^ m
Propert "Salo Y'arr6
IM
Goat ® A Atlantic Beach
Island % 0 �,
j, Ocean
/ beae$
Varlllme rarest
Sellrus
/ — /• Tldal flat
Boundary
v G
Seale I:5000
>E
Figure 10. Boundary and Habitats of the WE
Masonboro Island Component
S
water conditions that often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
addition,adequate decking facilites and parking would be
required on the mainland. It should be•noted that the County
has adopted a stringent policy(1.1(21) in its Land -Use Flan
that eliminates the use of barrier- islands for residential
development if the island does not have an adequate
_vacuation network of roads and bridgL "(p.3,4)
Ms.Kettlesleger claims title through a Board of Education
deed. Is her claim of ownership of the island a valid claim
that complies with generally recognized standards of proof of
title against claims by the State of North Carolina? As you
know, the N.C. Supreme Court is currently deliberating cases
concerning similar Board of Education titles and public trust
rights.The result of these cases may change the entire status
of Ns.Ketelsleger's application. Her application,if granted
at this time, would deny public access to what may" well be
found to be a public trust area.
The members of the Society for Masonboro Island,Inc. have
worked since 1983 to protect this barrier island/estuarine
ecosystem. The decision made on this permit application will
set a precedent for the future of the reserve area. In
closing,on behalf of the membership, for the reasons stated
above, I would ask you to carefully scrutinize this
application and deny the permit requested in order to ensure
that the Masonboro Island reserve area is protected for
future generations.
S'ncerely,
�n
�' J'
Marian T. McPhaul
Executive Director
Yo,,�{�pkr�v 4l rl ,•• 01
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LIGNELL W. HOOD Ill (blLLY)
REGISTERED LAND SURVEiOn
118 Friendly Lane
Wilmington. NC 26409
(910) 199.7104
FAX (91-0) 799.1555
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PROPOSED PIER
HASONBORO SOUND, NEW HANOVER COUNTY
For
EVA S. KETELSLEGER
P.O. BOX 56
KENANSVILLE NC 28349
June 7, 1994
SHEET 1 of 2
- +919759�E�5
jWe
.. �
August in, 1995
5101 OLEANDER DRIVE
WILMINGTON. N.C. 28403
(919) 799.7050
Mr. Roger D. Schecter
Director, Division of Coastal Ma—iagement
P. 0. Box G7667
Raleigh, N. C. 27601
Dear Mr. Schecter;
As someone who has purchased "3" lifetime mei:werships
Lo the Society For Masonboro Island rnc. (myself and
my two children) I feel we ha•ce a vested interest in
what is done on the Island. Concerninq thy= recuest by
Eva S. Ketelsleger for a permit to construct a horse
and a pier you can •:;ount 113" votes against this permit.
'his ig not a vote against "=ls. Ketelsleger, but a vot-
against any construction a` all of a-y lord. The sL
should be left NATJgu.'
Van -ls in advance for yc.ir consideration in -', -, I' -.
JP/bs
ANSWERED AUo 0 1995
P ESIDENTIAL
COMMERCIAL
WATERFRONT
PROPERTY
MANAGEMENT
o9. 15�95 1-a:29 0910O292N HcGLADREY,POLLEN
McGLADREUPULLEN, LLP
LVACertified Public Accountants and Consultants
August 15, 1995
VIA FAX 919-733-1495
Mr. Roger N. Schecter, Director
Division of Coastal Management
P. O. Box 27687
Raleigh, NC 27601
RE: CAMA Major Development Permit for Eva Kettlesleger
Dear Nh. Schecter
Q1092.002
RSM
international
.: ;di -t ne resident of New Hanover County, I am genuinely concerned about Ms.
Kettlesleger's requested permit to build a residence on a dredge -spoil island across the inland
aiT-, v, ay from the LJNC-W Research Facility and within the boundaries of the Masonboro Island
co'. , nt of the North Carolina. Estuarine Research Reserve. This is not a suitable location for
a pe +asiden a under any circumstances. It is certainly net appropriate for any development
to tal. PL,�c «ithirn the Masonboro Island Reserve.
A.s a Trustee of the University of North Carolina at Wilmington, I strongly object to this
ue�, etopment in an area that is used extensively for marine research. I hope that you will carefully
scrutirize this application and deny the pernit request in order to ensure that the Masonboro
Inland Reserve area is protected for future generation, of citizens of North Carolina.
Yours very truly,
tANSWERE9 AUG 3 0 1995
R F Warwick, CPA
Partner
cv
110 Grace Street Worlduide
P.O. Box 1730 Services
Wilmington, North Carolina 28402-:730 T! : ough
(910) 762-9671 FAX (910) 762-9206 RSM lnternationa
18 August 1995
Mr. Roger N. Schector, Director
Division of Coastal Management
P.O. Box 27687
Raleigh, N.C. 27601
Dear Mr. Schector:
We are quite concerned to learn of further plans to develop
ICW spoil islands. The experience in Onslow County's Alligator
Bay is bad enough but now Maosnboro Island environs! We put
so much into the protection thru purchase and donation of this
island that it could all be in vain if a single developer were
allowed to intrude.
Stop it while you can!
Hopefully
Har y and Betty H. Wessell
Ms. Ann Hines
May 17, 1994
Page Two
4. Does the proposed development qualify for an
improvements permit for a subsurface disposal sewage system under the
rules of the Commission for Health Services and the New Hanover County
Health Department?
Thank you for your consideration of these comments.
Sincerely,
SOCIETY FOR MASONBORO ISLAND, INC.
Marian McPhaul, Executive Director
WAR:ktw
WAR\MASNBORO\COR.004
CC: Mr. Roger Schecter
Mr. Eugene Tomlinson
Mr. Bob Stroud
Society For Masonboro Island Inc
May 17, 1994
Ms. Ann Hines
Vll
MAY 24 1994
414 Chestnut Street DIVISION OF
Wilmington, NC 28401 COASTAL MW(i4M,ryI
Re: Eva Kettlesledger Permit Application
CAMA Minor Development Permit
Goat Island
Dear Ms. Hines:
On behalf of the Society for Masonboro Island, Inc. I request
that you consider the following comments in reviewing the application
of Eva Kettlesledger for construction of a house and pier on Goat
Island in Myrtle Grove Sound.
The Society for Masonboro Island is very concerned about any
development within the projected boundaries of the Masonboro Island
component of the North Carolina National Estuarine Research Reserve.
Because of the unique nature and location of the property which is the
subject of this permit application, the Society requests that you and
the appropriate authorities at the State level use the utmost care to
assure that the proposed development meets all requirements of the
Coastal Area Management Act, the rules of the Coastal Resources
Commission, the New Hanover County Land Use Plan and all applicable
County ordinances. In particular we request that you or the
appropriate State official consider the following:
1. Is the claim of ownership of the Island a valid claim
that complies with generally recognized standards of proof of title
against possible claims by the State of North Carolina?
2. Should the proposed development be considered for a
major development permit rather than a minor development permit because
the proposed pier requires an easement from the State of North
Carolina?
3. Should the proposed development be considered for a
major development permit rather than a minor development permit because
the pier requires a federal permit under Section 10 of the Rivers and
Harbors Act? Does a general permit for piers under the rules of the US
Army Corps of Engineers constitute a required federal permit that
triggers the major development permit requirement of the Coastal Area
Management Act?
P.O. Box 855 • Wrightsville Beach, N.C. 28480 • (919) 256-5777
I I
water conditions that often precede a hurricane long before
the severe wi.nds'and flooding of a hurricane are felt. In
additionn,adequate docking facilites and parking would be
required on the mainland. It should be noted that the County
has adopted a stringent policy(1.1(2)) in its Land -Use plan
that eliminates the use of barrier- islands for residential
development if the island does not have an adequate
evacuation network of roads and bridges. " (p. 3, go-)
Ms.Kettlesleger claims title through a Board of Education
deed. Is her claim of ownership of the island a valid claim
that complies with generally recognized standards of proof of
title against claims by the State of North Carolina? As you
know, the N.C. Supreme Court is currently deliberating cases
concerning similar Board of Education titles and public trust
rights.The result of these cases may change the entire status
of Ms.Ketelsleger's application. Her applicati.onn,if granted
at this time, would deny public access to what may well be
found to be a public trust area.
The members of the Society for Masonboro Island,Inc. have
worked since 1983 to protect this barrier island/estuarine
ecosystem. The decision made on this permit application will
set a precedent for the future of the reserve area. In
cl.osing,on behalf of the membership., for the reasons stated
above, I would ask, you to carefully scrutinize this
application and deny the permit requested in order to ensure
that the Ma sonbo ro Island reserve area is protected for,
future generations.
Sincerely,
Marian T. Mcphaul
Executive Director
KM TA65 To "ZinAG
Society For Masonboro Isla
JUN 121995
ODger N. Schecter May 31, 1 EQII$Ziji
Director AgAN46�v E(1T
Division, of coastal Management
PO Box 27687 �
Raleigh, N. C. 27601
RE:Eva Kettlesleger Application
for cAMn Major Development permit
(N. H. County)
Dear Mr.Schecter
On behalf of the Board of Directors and the members of the
Society for Masonboro Island,Inc.I request that you
strenuously scrutinize this permit application.
Ms„ Ket-tlesleger has requested a permit to build a residence
and a pier on a dredge spoil island directly across the
inland waterway from the UNCW Research facility and within
the boundaries of the Masonboro Island component of the North
Carolina Estuarine Research Reserve. She states that she will
build a septic system for waste,and drill a well on the
island for a water supply,she plans to power the residence
with a gasoline generator.
The New Hanover County Land Use Plan designates this area as
a conservation area which should be preserved in its natural
state. It is an estuarine area of environmental concern. The
waters surrounding the island are outstanding resource waters
and a primary nursery habitat.
The New Hanover County planning Department through a grant
provided by the Division of Coastal. Management office in 19se
produced a document entitled Potential Development of
Estuarine Islands in New Hanover County. The conclusions of
the staff were:
(1) That the spoil islands were inappropriate for residential
development because of the probable disruptive impacts of
disposal activities on septic fields and wells as a result of
changes in the water table. These activites would create a
hazard of pollution in the underlying ground water and
marshes -It is anticipated that the U.S. Army Corps of
Engineers will exercise its easement in the future and that
this island will be used for disposal act-ivites.
(2)Further, this study found that "one major drawback tc.
residential development of these islands would be the
difficulties encountered in their evacuation in case of a
hurricane. The time required for evacuation would be
Significantly extended because the first step would be
evacuation by boat which would be hampered by the adverse
water conditions that often precede a hurricane long before
the severe winds and flooding of a hurricane are felt. In
P.O. Box 855 • Wrightsville Beach, N.C. 28480 • (919) 256-5777
a ER
Robert G. Greer
Offire of
2
Chairman
�(�
�3var} of tLmumission.ers
'
E. L Mathews, Jr.
Vice Chairman
x2fu partaber (ffouldiar
�'�N0 GaP�
Sandra Barone
Commissioner
320 (tttt 4tsitt Street' Aaom 3
6.
�`'[
Wanda M. Copley
(�7
Witntingftm, Warty Tarolinu 2S
,,pr 1E1VEi�;
-44tt
County Attorney
William A. Caster
Commissioner
` rle nne 91II 341-71
(
�� 161995
Allen O'Neal
County Manager
William E. Sisson, Jr.
nx (910) 341-4130
COASTi\l+
MA AMER5
co
f
Lucie F. Harrell
Commissioner
f
Clerk to the Board
August 9, 1995
Mr. Roger N. Schecter, Director
Environmental Protection Divisions
Coastal Management
Cooper Building
225 North McDowell Street
Raleigh, North Carolina 27504
Dear Mr. Schecter:
I have information indicating that you are about to issue a
permit for a house to be constructed on Masonboro Island.
I believe that such a permit would not conform with the
County`'s Land Use Plan, particularly as it.relates to development
on our barrier islands. In my opinion, Masonboro Island
constitutes a barrier island.
I have also been informed that part of the permit is being
allowed due to mainland access at a site near Topsail Island, which
in no way can be construed to apply to Masonboro Island in New
Hanover County.
I am, therefore, requesting that you delay issuing this permit
until the New Hanover County Board of Commissioners and the
Planning Board have an opportunity to review the request with
respect to its conformity to the County's Land Use Plan and other
regulations.
Sice_rely,
William E. Sisson, Jr.
County Commissioner
WES:lfh
cc: County Commissioners
New Hanover County Planning Board
-95 WED 12:44
NHC COMMISSIONERS FAX NO. 9103414130
P. 01
Robed G. Greer
Chairman
E. L Mclhews, Jr.
Vice Cnalrmcn
Sandra Barone
Con ar,sjcner
William A. caster
Ccmmissioner
William E. Sisson, Jr.
Commissioner
TO:
COMPANY/
ORGANIZAT
FAX ,#:
DATE:
FROM:
FAX #:
PHONE:
MESSAGE:
Office cr£
3aarb of Cfimz misoixmzro
,zfa An=ber Tountg
32a T"4zstnut J�trzzt, Fv= 3135
Wilmington, Xart4 (f 2irr<linn 2$4II1-4093
Z2lzg4one (910) 341-7149
gzrx (910) 341-4130
FAX COVER SHEET
Roger N. Schecter, Director
Wanda M. Copley
County Attorney
Alien O'Neal
Ccunty Manager
Lucie F. Harrell
C:erk to the Board
N. C. Environmental Protection Divisions
(919) 733-1495
8/9/95
Commissioner William E, Sisson, Jr.
910-341-4130
910-341-7149
Letter
NUMBER OF PAGES (INCLUDING THIS PAGE)
F\ 9-95 WED 12:45
f _
Robert G. Greer
Chairman
E. L. Mathews, Jr.
Vice Chairman
Sandra Barone
Commissioner
William A. Caster
Commissioner
William E. Sisson, Jr.
Commissioner
NHO COMMISSIONERS FAX NO. 9103414130 P,02
(offirz of
eNEG1 Panafrtr dounfg
32Q (94esfnitt,Sfr"t, �6am 3Gc* . .
Pilnrington, Xart1F (garalina 284LT1-4IIJ3
Zzlty4one (91D) 341-7149
A'ax (910) 341-413II
August 9, 1995
Mr. Roger N. Schecter, Director
Environmental Protection Divisions
Coastal Vanagement
Cooper Building
225 North McDowell Street
Raleigh, North Carolina 27504
Dear Mr. Schecter:
F RCG /
r
i�
s ®c
r
Cp NORVA 6P
Wanda M. Copley,
County Attomey
Allen O'Neal
County Manager
Lucie F. Harrell
Clerk to the Board
�C ujxawU -
. -1 UP
I have information indicating that you are about to issue a
permit for a house to be constructed on Masonboro Island.
I believe that such a hermit would not conform with the
County's Land Use Plan, particularly as it relates to development
on our barrier islands. In my opinion, Masonboro Island
constitutes a barrier island.
I have also been informed that part of the permit is being
allowed due to mainland access at a site near Topsail Island, which
in no way can be construed to apply to Masonboro Island in New
Hanover County.
I am, therefore, requesting that you delay issuing this permit
until the New Hanover County Board of Commissioners and the
Planning Board have an opportunity to review the request with
respect to its conformity to the County's Land Use Plan and other
regulations.
Sicerely,
William E. Sisson, Jr.
County Commissioner
WES:lfh
cc: County Commissioners
New Hanover County Planning Board
1�
+9147997053 JOE PRIEST REHLTY 595 PO4 HUG 15 '95 1 1
+,after cc+nditi.+n:, that _,ften precczdv A hurricane 1%rng befc+re
thh sevr_re minds ;and fl, C'SJ1'rig of a hurr-ic„r-le err_ Felt. In
addi.tic'n,ari.ecli.tate d'..,cking facilltes and parking would be
r quired o1-+ the mainland. It should 'oe rtot-d that 4ha County
hcs erdc+otecl a Stringent pti'licyil.t(c_)r in its Land—Usn Flan
tha, oliminatuz thca use of barrier .,'tar+cJs for r•esiaential
dcvclGprtiunt if the izIat,cl dr'es r+'t have an adarluatE
_+i-iclI Linn 1'ctwor^Ir !f +fJ £i and brl dij a? S:. ".( p. 3, lr)
c]aifils title thYbUgh i: BC,,Zrd of Ed Ucl{:l_'n
du_cd. Is her claim 4f owr+er—zhip of th* island a valid claim
th t e rapli=� with gun,^'rally recad•nized standards of proof of
tll]I.O arJalnS't cla1m97 by the Stzlkc_' 7f h.l��:'th �.ar^pl'L'ri �r �' 0.'_9 yt_ir-I
I:.r+aar, the N.C. Supreme C_+,.lrt .z; czurrr:ntly deliberating caa-
+niYY"i+1157 sirAi1ar Erducat-ie:-1 F,it i+_S ar+d pllb.li.0 t'r^US{"
r'1rth L C. The i^t,rLt I c'f is Jre=.L G�tSF':� may chef Yigo the F_'rit irc, Stat US
+F f1cs.l'ctc1�legl;r-.+., applieati':+n. 1-i:N' grclntod
at this +.lmt, o-n+r_lld c9,_rr! Pu',Aic seer_^as t_+ what may o-re11 _.-
f0jh-ld tc' he a public tr'u l
The of the Society frrt` Mis-nnborr. IS1aYld, Ir,C- helve
:n'Ftc-rJ since 195E tc Protect this barrierislZr1d/EeCtuarine
ecv_yuteru. Ths decisi'.,n made or, this fre:rrrit application will
'zc!t 'i prcl.edcY,$ for, '[-,he f+.011;uve of the 'r•e'?@rvC area. Ir,
rlc,sing,+_,n behalf" of the mf'mb=r^ship, r'or^ the reasons stated
'•b, ,;a, I would asll. y.,+.t L+_, carefully scrutinizra this
applicatiorr and deny the permit reg+.lestcd in ordezrr tc+ ensUT`c
th,4tt the i+lasonfaoro Island rcaervc a,t'r_,a im p•r•,-,tected for
future tdenerZtic'ns.
Marian T. MrPhaul
Cxacutive Director-
\ +919?997953 7DE PRIEST REALTY
S95 F03
AUG 15 195 16:17
�,•.. .Society
For
Mas®nb®ro
Island
Inc.
1wI;.z)ger- N. Schecter May 319 1995
Director
Division of Coastal Management
PO Box 27E87
Raleigh, N. C. 27E01
RE -Eva Kettlesleger Application
for CAMA Major- Development Permit
(N. H. County)
Dear Mr.Schecter
On behalf of the Board of Directors and the r,rembers of the
Society for Masornboro Island,Inc.I request that you
strenuously scrutinize this permit application.
Pis. Kettlesleger has requested a permit to build a residence
and a pier or, a dredge spoil island directly across the
inland waterway from the UNC14 Research facility and within
the bcnundarias ;;if the Masonboro Island component of the North
Carolina Estuarine Research Reserve. She states that she will
bi.iild a septic system for waste,and drill a well on the
island for a water supply,she plans to power the residence
with a gasr_-line generator.
The New Hanover County Land Use Plar, designates this area ar�
a conservation area which should be preserved in its natural
state. It is an estuarine area of envirc,raaental concern. The
waters surrounding the island are outstanding resc-urce waters
and a primary nursery habitat.
The New Hanover Ca).rrrty Plznning Department through a grant
provided by the Division o-f Coastal Management office in 1988
produced a document entitled Potential Development of
1 s5'vmarine islands in New Hanover County. The conclus;ions Of
the sUaff were:
(I) That the spoil islands were inappropriate for residential
development because Of the probable disruptive impacts of
disposG,l activities on septic fields and wells as a result of
changes in the water table. These activites would create a
hazard of pollutiorn in the underlying ground water and
nrarshes.It is anticipated that the U.S. Arnry Corps Of
Engineers will exercise its easemerit in the future and that
this island will be ).rsed fcn^ dispi�,sal activites.
(c)Fur-ther, this sti.rdy found that "orie major drawback to
residential development of these islands would be the
difficulties encountered in their evacuation in case of a
hurricane. The time required for evacuation would be
significantly extended because the first step would be
evacuation by boat which would be hampered by the adverse
water conditions that often prey a hurricane long before
the severe winds and flooding c` hurricane are felt, In
P.O. Box S55 a Wrightsville Bea;{:, N.C. 28480 • (919) 256.5777
a.
� F
'.:.J For l�✓Ia�� ..tt ,t , F rt
r� :4bb',.dkpc
f
Notice To Mvlxll,:ers
August 9, 19,115
On behalf of the Board of Directors I ant • sting to give you an opportunity to
comment on the application of Eva S.1iete sleger to construct a vacation
residence and pier on an undeveloped ishind within the Masonboro island
component of the North Carolina Estuarine Research Reserve System. This property
is located at channel marker number 130 1 the Atlantic Intracoastal Waterway (AIWW),
at the north end of Goat Island, in New H,;,iovL-ounty.(SEE ENCLOSED MAPS.) This
site is directly across the AIWW from the UNC-v, pier and research facility. The
applicant proposes to build a residence and deck, having a total footprint of 1368
square feet, install a well, a septic systert, and utilize a gaseli;le generator for power
The Board of Directors is concerned that this type of development of spoil
island may tile integrity
of the Masonboro Island ecosystem. The danger of
Poll! of those pristine waters would increase if the US Army Corps of Engine-,.
escr� , ; tight to deposit salt water and sand on the deposit easement it holds on
the isku
At this time, it is anticipated that the North Carolina Division of Coastal
y. anagement will grant the permit within days.
For your information I have attached my letter dated May 31, 1995, to
RogerN. Schecter, Director, Division of Coastal Management. If you would like to
make a comment, please do so at once as time is of the essence.You may direct your
cornment to:
Roger N. Schecter
Director, Division of Coastal Management
PO Box 27687
Raleigh, NC 27601
�.: FAX (919) 733-1495
Thank you for taking the time to review these materials. Phase call me at the
office (910) 256-5777 for further information.
Sincerely,
MmianT McPhaul
Executive Director
A104V'Z-
Y.U. Box 855 a Wrightsville Beach, N.C.'28480 • (919)256.5777
�G-10I \
-95 THU 02:16 PM Kn REN GOTTOVI
FAX COMMUNICATION FROM
910 350 0199 P.01
QS,AAL�--
-350-0199
TO: Sec. Jonathan Howes EHNR c/o Dan Whittle
FAX: 919 715 3060
DATE: August 9, 1995
Number of pages including this cover sheet
If you fail to receive all pages or if the message is
unclear, call 910 350-0190
RECOVEO \
AUG 14 1995
COASTAL
MANAGEMENT
Please deliver before the 3PM meeting with Roger Schecter.
HOLD OFF ON ISSUING ANY DEVELOPMENT PERMITS FOR SPOIL ISLAND
(Goat Island) off Masonboro Island. It is part of the
Estuarine Research Reserve and mentioned in the management
plan approved by NOAA in 1990. You have until Sept. 29 to
research all this. NO NEED .TO ACT PREMATURELY!
There will be a huge outcry if this permit is approved. I
can guarantee it!
Please read the enclosed material. Marian McPhaul, Executive
Director of the Society for Masonboro Island will be glad to
explain further. She is at 910 256--5777 or 458 7697
cc: Dr. James Leutze
Wanda Copley, New Hanover County Attorney
I \
OVER CO
r i
' qr
OFNOR �p0
WANDA M. COPLEY
CountyAttomey
KEMP P. EURPEAU
AssistantCounty Attomey
ANDREW W. OLSEN
Assistant County Attomey
NEW HANOVER COUNTY
OFFICE OF THE COUNTY ATTORNEY
320 CHESTNUT STREET, ROOM 309
WILMINGTON, NORTH CAROLINA 28401-4095
TELEPHONE(910) 341-7153
FAX (910) 341-4170
August 14, 1995
Mr. Roger N. Schecter
Director, Division of Coastal Management
P.O. Box 27687
Raleigh, North Carolina 27601
Re: Ketelsleger application for major permit on Goat Island
Dear Mr. Schecter:
On behalf of the New Hanover County Board of Commissioners, I request that you deny
the application for a major CAMA permit on Goat Island. The Board favors the protection of the
estuarine system in New Hanover County and views this proposed project as a contravention of
the Wilmington - New Hanover County Land Use Plan.
The detailed reasons for the County's objections to the project are stated in an August 14,
1995 letter to you from Dave Weaver, Assistant County Manager.
Please do not hesitate to contact me or the Planning staff if we can provide further
assistance in this matter.
Si cerely,
C
anda M. Copley
County Attorney
WMC/kc
cc: County Manager
Assistant County Manager
2.4(1) The continued productivity of commercial and recreational fisheries shall be
enhanced through the protection of the unique coastal ecosystems including primary nursery
areas, shellfish waters, and coastal marshes, upon which they depend.
New Hanover County fully believes that approval of the proposed Ketelsieger project clearly
contravenes and violates the County's Land Use Plan. We will be glad to provide further
information and assistance in the interpretation of our Land Use Plan.
Sincerely,
&-
David F. Weaver
cc: Board of County Commissioners
Allen ONeal, County Manager
Wanda Copley, County Attorney
Dexter Hayes, Planning Director
Andrew Olsen, Assistant County Attorney
Island, however, would likely become saturated and non-functioning when the Corps eventually
decides to deposit dredged spoil on Goat Island. The resulting pollution would not only
constitute a health threat but would also disturb the ecologic balance of the Masonboro Island
Reserve.
- Any development of a well for potable water would be threatened by saltwater
intrusion by dredged spoil disposal or possible over -pumping.
- The applicant proposes to use a gasoline powered generator and haul only enough
fuel to last each trip. First, operation of a gasoline powered generator is not a proper and safe
way to provide electricity to a residence on a permanent basis. Second, carrying only enough fuel
for each visit will leave the occupants without electricity or drinking water (assuming the well is
electric pump driven) during a hurricane.
3) Proper measures have not been taken to ensure access on and off Goat Island
- Lack of a permanent bridge and road network severely restricts the County's
ability to provide rescue squad, law enforcement, and fire protection. The isolated nature of
Goat Island makes this a huge concern, expense, and liability to the County.
- Please note that no island development has taken place in the County without a
bridge and road network, at least partially because of access safety concerns.
4) Proper measures have not been taken to provide pollution control
- The concern over septic tank pollution has been previously stated.
- The applicant has failed to address disposal of solid waste. Burning, burying, or
dumping of garbage in public trust waters is not allowed.
5) Proper design considerations have not been taken to ensure compatibility with the
estuarine system
- It is absolutely critical to consider all of these policies in the context of the
proximity of the proposed project to the Masonboro Island Reserve. The Reserve is an extremely
valuable national, State, and local resource that is very sensitive to development impacts. The
proposed project appears to take no special consideration of that value in its design.
Approval of the proposed project would also contravene and violate other policies in the Land
Use Plan. These policies include the following:
1.0(1) Preserve, protect, and augment the area's important natural resources, which include
the air, land, and sea environments.
1.2(1) Estuarine waters, estuarine shorelines and public trust areas shall be prohibited from
use by development activity which would result in significant adverse impact to the natural
function of these areas.
2.0(1) Short-sighted or premature commitments of the area's natural resources shall be
avoided.
2.0(2) Efforts by other governmental and private agencies to wisely manage the natural
resources of the area and the region shall be supported.
2.3(1) Preservation of unique natural areas shall be encouraged in order to provide area
residents and visitors with a wide variety of recreational opportunities.
NEW HANOVER COUNTY ALLENO'NEAL
County Manager
OFFICE OF THE COUNTY MANAGER
320 CHESTNUT STREET, ROOM 502 ANDREwaAntyManager
Deputy County Manager
WILMINGTON, NORTH CAROLINA 284014093
TELEPHONE (910) 341-7184 DAVIDF. WEAVER
FAX (910) 341-4027 Assistant County Manager
414 Chestnut street, Room 101
Telephone (910) 341-7139
Fax (910) 3414035
August 14, 1995
Mr. Roger N. Schecter
Director, Division of Coastal Management
Raleigh, NC 27611-27687
Re: Keteisieger application for major permit on Goat Island
Dear i��S ter,
Approval of the Keteisleger project would contravene and violate policies within the New
Hanover County Land Use Plan. The primary policy that the project would be inconsistent with
is:
1.2(2) Development of estuarine system islands shall be permitted only if proper measures are
taken for hurricane evacuation, utilities provision, access on and off the island, pollution
control, and other design considerations that will ensure compatibility of the development with
the estuarine systems.
The specific violations of the above policy include the following:
1) Proper measures have not been adequately taken for hurricane evacuation
- The applicant states that she would utilize a pier she owns on Topsail Island for
hurricane evacuation. Topsail Island, however, is approximately 25 miles away from Goat island
and is separated from the mainland by a bridge. This distance is unreasonably long and dangerous
for a small boat to travel during pre -hurricane conditions of rough water and high winds.
- Ownership of the Topsail Island pier is not attached to the title for Goat Island.
Consequently, if the Goat Island property was sold, the new owner would not have assured access
of f the island in a hurricane.
- The applicant's easement from the Corps of Engingers is only a temporary one that
becomes null when the Corps decides to use Goat Island for disposal of dredged spoil or as a
source of sand. Loss of this easement would prevent the applicant from using the pier, essentially
eliminating evacuation during a hurricane.
- Please note that at no time did Planning staff state that the applicant's proposal would
constitute proper and safe hurricane evacuation for residential development.
2) Proper measures have not been taken for the provision ofutilities.
- The applicant proposes to use a septic tank. Any septic field installed on Goat
MALcoLM B. Lows, JR.
726 FOREST HILLS DRIVE
WILMINGTON, NORTH CAROLINA 28403
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AUG P411995
Gi,r, .�-
MANAGEMENT
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ANSWERED AUG 3 0 1995
MRS. HOWARD PENTON, I*.
1517 Country Club Road
Wilmington, North Caroline 28M n
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From the desk of \ A, 10
CHARLES WEST RECEIVED •�
c� AUG 17 1995
COASTAL cc
— MANAGEMENT
ra
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CABLES W NEST JR
32 FOREST BY THE SEA
CAROLINA BCH K28428
Qlo •'fI-F- `fl3 ra
95 1.i:29 $91u;6292ut )1cGLdDRES K LLEN Z001 002
1
McGLADREY&PULLEN, L.LP RSM
• Certltled Public Accountants and Consultants Internationr'
TO:
Mr. Roger N. Schecter, Director
FROM
R. F. Warwick, CPA
Company
Division of Coastal Management
Telephone:
(910) 762 -9671
Telephone:
Fax Number:
(910) 7ti2- 9206
Fax X.. )ber:
919-733-1495
Date.
August 15, 1995
This transmittal consists of 2 page(s), including Lhis transmittal form
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notify us by telephone :iately so that we can arrange for its retwn to us. Thank you for your cooperation-
lea._ rL, . 10 /-e zn, —
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