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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 0 CID Pi 0 LL a Z 18S 094 4- Receipt for Certified Mail No Insurance Coverage Provided =a Do not use for International Mail (See averse) r� Se m treat and No. 00 P. , State and ZIP C a c z 33 e- Postage L, e Special D I Restricled Delivery Fee JU�l w9 G Rew n Receipt Showing to Whom & Date Deliver Roturn Receipt Sh AGEMEN Date, antl TDTAL Po f & Fees 7 Post r @> ate e— J �� 1 (-Pw� P.O. BOX 56 KENANSVILLE, NC 28349 PS Form 3800, March 1993 'o"re a— ' a 3A O th It ➢� - T ii S �p yr N ffG . D e-/0 a4j mOzox O O O Cb M m 2 0 H n C O (a a Cho j O < C1 m m W' d m .. G � d O ;n or. a N a- W W Ln D+ /a7- ����G (-Pw� P.O. BOX 56 KENANSVILLE, NC 28349 PS Form 3800, March 1993 'o"re a— ' a 3A O th It ➢� - T ii S �p yr N ffG . D e-/0 a4j mOzox O O O Cb M m 2 0 H n C O (a a Cho j O < C1 m m W' d m .. 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BOX 56juw��I n 1 L - KENANSVILLE, NC 28349 t i PaY to the / �Jrxaxl �/1d1��_ fuY' o o i5 . 1 r o Order Of • ,� 1f,4 _ .0 %tom Dollars M 'a r •x ° U NafionsBank Deluxe Banking Customer NationeBenk of Nonh Carolina, N.A. !! 3 Konnnevllle, NC 28349 ac For i:0 5 3 100 2 81: 6 3 300 38661i' OILS 11'000 2 SOOOr' b v I\\\ > Pf WPA - , ,�-4a �i--s �nKT i=T AQTT41 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 EKK:pk yyS '� r t�{1x-��„�/fi�o. 5 �^y♦ . \\\�N" } ,� 2� �". Ss..f7 `.{ -•, r t ¢4�• `r tiSs.yiQ�(.s 1 { r si ', ,>I � �s �`.. , t': 9 _ l .2 1. j.1A.�. a $ a x (•y � A x ^`1 9dA a3 nt S ,F,M1 1 ♦ � S i2 T�LR �� ��w' � 8> ''�. ; t JrY r• �' IDTl.�� . ` y 18 18.84Ac. WN14 71 77-13 z MARyW 8 /NTERTlDA- LAN' 38.: n /8.59BAc. MARSH 2.y,14r AoMARSH .B77A H/GHGb g' lNTERTID Q 2m 35 •.. `-. 273E 2��� W0.5 ... _ 91 3Q7Qf WIZ c STA +wry" (TR ft. � 7 he �T. 5 510 Ac. .'� yt ;y p ...�� 6 'ell rr .4 aTtn� �� ...•W {L r. �p si .,�1 p, iri '• i ( i .. ry y r.qy AA � ,,,.. { ..'+•v ,. �s wn�h, yr+ �L � ,j� •'*'1 d .. � y�A 4.� 4 �j ,. " °� I�, ,I � 1, � C 'nr � } 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 V-ZONE 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 9 e' 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 11 77f AM 4k., W, ZP; �D 6E o F �f'Y]NW � 1w. M�rasa Y4 /4PPROX.SOUND�NGi l3Etou /+1 L4( -O•S' -Z.S-3.B'-•Sr.O' fd"nR. Scwc.s /rr = �O r �9PP<oX 200' SE1--rioN VIEW 1 —� z W z � u w 0 Qr v ' f--7 - z as - Ijc= A pmao 14' WATT < ue7'nr (/A LW) w w ^(1 T n G I 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;. I r R I I' p i I John Tagga..rt i LT9CW Center for Marine Science Research, 7205 wrightmville Avenuo Wilmington, NC 25403 'r l Telephone: (910)i256-3721 FAX Number: (910), 255--8856 1 I v - _ i 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 �� i • t r j 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 f - 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. I' ® I �l (xYl "�i O-• a mow, C. .. v r E d C �.1 1 .. , 1 P 41, r � ii�i NURC/UNCW 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 �I F A X M E 0 g A G E i g� ;k TO: Dlrg 17 u01lri%WJ7 0,67 I r Telephone: FAX Humbar; I I 1 ! r Number of Pages (including cover palge): Comments: i Signed: hate: � G 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 , i 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 s 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 $250 made pa} able to the Department of Environment , Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- p.oved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the �_ day of / M A 19".. x �„4,t_, . K do � Landowner or Authorized agen MAR 31 1995 J DIVISION OF COASTAL MANAGEMENT 3191 INTR/iGOASTAI- W ATE2 W A`( 7.SZ AL II L3owao WALK J•�1 OQ. �4 t4 t G. RAC Iu/4ERWAY 21•J N18-SL• "e 7 Y. l N157.L4 Rlv rWN• v `e 1 \ r 72 -3'J Egg.. y�'•` it ZS PUMP R. Z* ,s �1t EJA. kPTEL%"6A House If \ 7.C14 A42E$ y{e fq, Pr, / Iuore9eo "" a..m zeEoaoe.a 11 L% s- oJFUI ew ��cs C oo i 'ft4 %Fall yq. 1r�.« yA% ,. r ..YI f 17.17 off �U�• •�O197F,9O /� -N F ' SEAL t L- 368g,f ` VittW. ��Hc,at LIGNELL W. HOOD Ill (BILLY) REGISTERED LAND SLIRVEPOn 118 Friendly Lane Wilmington, NC 28409 (910) 799.7104 FAX (910) 799-1555 r 1.i48 AG. X1W No'1. ITS-)6 c ,IA rrA 5l.6>Q � •=I.1T0.A GOA S7Al �•�� �` � WAYErtWP-c elm d- MAR 31 1":) 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 SHEET 1 of 2 4s ..» v vpw k 'eDe�E of MA Psu ,"�:' �pPROX.$oc�NoiNos C3Ecow P'l L4% '' // �LeQN Y/EI•./ /aa�• Scram /� _ �O' ,Qppcox Zoo' To Cacc o� /d'rk/Y✓ AaPizo � (M LW) Wires 5� -TiO i VIEW //o �fJZTIL E sG �L�zw L W u -. Ln o> LL W O O_ Q Q I� > J O H O U O J 0 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 f C U ray C z D C co co rn n un m Z 3 Q p LIVING ROOM `n z x x 15' 8" x 24' 0" W o o 4.78m x 7.32m S o Cmi c 3 26'-0" x 6'-0" 7.93m x 1.83m r111161e BEDROOM-1 14'-0'x 9'-4" 4.27m x 2.85m Pmr.� _\1i�� Jam■ `• u 912 SO. FT. LIVING—84.72m' 458 SO. FT. DECK—42.36m' 1368 SO. FT. TOTAL—127.08m' BEDROOM-2 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 Drelle S/ttl G,r:] S►ro► illrtet ® Salt Xtrn6 ® lanes (jam Yaritimc ►aterl ilitlttt.. illal 11at Iaanlat1 E VI IµMAC. A.SmrAL_ WA'r82u A`! `L 1� LRop sco 7.8L AG 7.1J7QACa�MY�� 1a>/4FAWAY RI�J ¢Iv rtoN -r2 -39 EJA CET6l5L"9Z 7. 44/JA&9F65 f `Si 4i �E Wca.6 %o,� Ldp. 910 350 0199 P.04 CAq�'+, X ty L-f368 r .... �V1ffePJflfff 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: � Y 0.1J He.l. !T1-l4 a4e 1Q. fRprotED �"'�ua' c,6�f L eED aoo.l \N WL OF 11L.4f f (Y-1Y eaw 4T•I➢ 11 'y NYRA GpAS � A L �JA:62�]A`C Qlu1 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 Masonboro Island Component IMDredle Stoll �a Grassland Strut thicket Salt Varah Deaeh ban as maritime lariat ® Sellrala Ed{L{L''''��,,'' Tidal flat Lh l lounlall Seale 1:5000 E A0 EAL�G L- 366r LIGNELL W. HOOD Ill (blLLY) REGISTERED LAND SURVLYOn 118 Friendly Lane Wilmington. NC 26405 (910) 199-7104 FAX (910) 799-1555 1^ITQh �a A$TAL WATE2 W.dY y DIVIS!::N O =NrRI co A5Tw� M. w,c ROPMCD COASTAL MAMGEIW4;'4 P 1 SR r 7'7.8L AL c• 4r. 1.i4e AG. 1 0.1W Non. u,pgE.RW AY 21�J 7 N18.56 4i'-e _�Y1-)b l 100 Maj c it. '1s '11/ EJA ktTEL$LF_GEJc 7.94 dG29$ 1f •� J rr�Po9eo .....uc, a.m L 9EDd- pJEtL1•=� / oN PILINGS J � •s:� %tale .p. no J.1 'J :1 o2J If 11=7 4'd1"J ��'�aW /N. d•�' I iB.bi Sl5'Oi K"[ O. LL A� i /yi ysS c5 s°4s 1' iNT2A GOA:-4 L I ATErLOA`( elw 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 Itcscarch Itcscrvc i / 111111 split / ODllltl skill 1111,.1 11NCHf� ' / pp�m�p foil Visa► 1'rupet t % 'lllllll��p c / WWWWWII 11 o t 1 Altnnhc WIN �y � Utm n 11a1t V11It1..1.tt.1 ■ telltale IYlal plat 1�y u I 1.94111/ Isola 1:1111 ..a ... ..... ,loll Figuro Ia. Uuundnry and IlnbltetV of tha W-4-7F)s-E Hasunbutu Islnnd Cunpannnt 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. . , . -&- pr n 4, r Z�DG£ of MA�Su fa.PpRox. SOUNDrNGS 3Ecow /v%L44 i r 15L,.Q r vos w S-cr — /" = '91�v , S>_-CTI O t4 VIEW A40'r, Sc n ll/o vQ2r�c� Sc ec� I- C_C 1 —z ui �I z rn O C< ;r. CID CO > _1 J < q Q (;—� ► a �PPcox 200' APPRoX W.c' eYJ7/(MLW� t- w �E Uj 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 •iil �Ila� Dredge Slell J J. S6ru1 T6l etel ��� / Sall l e r e 6 DDDll1P11 A Seee6 Atlantic Ocea 1t Doles Yerlllme lererl ; ® [elgrerr illel /gel C"J Deaulerl Scale 1:5000 `.. tt... e... , I..., V. Figure 10. Boundary and habitats of the Masonboro Island Component 16 � `�f e�` • f r'qR '•. Y � /., SE L ; y ¢ 15ITe v ti L-1368 W. ae •° (( ll� 'a• LIGNELL W. HOOD Ill NILLY) REGISTERED LAND SURVLYOn 118 Friendly Lane Wilmington. NC 284Q (910) 199-7104 FAX (91-0) 799-1555 I NTRh �•o Ace-rqL W ATE2lJ aY v .I :... DIVIS!jN Or =ar Uc°A5T• ' Y GIL HAACf.R ff•W. L ysoPes�:o COASTAL MANAGE!`,�Pei 7.8L AL 1 \ G' pf VVV y,iTQA�A5Ti.1_ L��•( R1,J 1�orJ. wkiERWAY 2IiJ Y2-�6 tJ18 •SL 4L'G / =32. 5 i 1".L9 Sp.bc � N! G iNTR.i GA47~A.l- Tz_9a 5w0&.wnf o.aa 1 >sren_wa[ elm c 5° f• ''1� d . EJA kETELSLFLER b1$�'4O5, N• 7.94 AG2E5 li .�, 7y�,1g (. _ ' ) rraoPusED .......,�,a.m ae6• // L9ED aoo•i •1 G.6�n 4Y•�D 's• oN PIUf1L5 !>o w 1 :1 1•a7 ,� •�4 7S i2'74 a'1^,lM 01 il.i P1� U n .to +If' �6 PROPOSED PIER ,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 / I � r n/ !. Figure 10. Boundary and Habitats of the Masonboro Island Component ® I 71 cr rrrlr:l nr.� nirs.r p�� s.i� s.rr► Black logo I I .ulrlftr lariat lri,r.rr Z Tidal Flat loved off !tale I:5106 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 LM Q: 4 I 4p L8 a) LT 1-zygVe�l m a Q w W w (L 0 U Q Q V O F V rL 0 Co W J 3 oa w F_ 0 LL vi m 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. V. �jcOectCX pi- cf euf-qq)Wn-r 'pe(m Le Le lcpw—,c L)ar,r 14D5 nec;t�- m6cya qu 'o 4y Lor6ecVctbc")) e-t� a6 a U-) Ltle �ese ro e Sd�5 a I oaf �o I5X f {, p(eccda,7+ CcJC( 1 �4 (-a4. 0 kL�M O o )e&e - bj, Aer��s4n 6iti�::.. r�ENT `-J�r�e` CGYlY1tii pLLfy ��� PM i W> 22 AUG p� r. /995 �--- w -D ?6 (3ox ,,9s ^ 4 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�/ j / / ® Irella ,dell /V571 91 ar lul 1 i �LLitl ,►letrI l� / pplRlllll 3. 1 l t. r r 1 / Atlantic 7 Ocea n loss / ,.►Nimes Forest ■ dsllrsae '—' Tidal Visa ,�.% 1..■dart Tests I:,dll r� W< >E Figure 10. Boundary and Habitats of the Masonboro Island Componanc S Au 0/ 1715 N q1j� ,2z & n� Ma C0 , q �9ss. C" a� AwA Li ASf � NA��fNT 1PKA, r +D-K I ljc a 8 yo3 tilla/� AA*'W£!7E`10AUG 3 U t995 1°, o. j3ex -76 87 Kat, , NC -?766/ L UYZ E : FJA Ke-t")e3w Ar 4-y- C-A M PF QNA'&y T,,C VI:.GF W�� FeX-Wu* l�Q w�t� Q oQ ✓^ a a�w e� o� isy3e �.%E Eo ` 4, r 1-4 c�a i�0 /n a� TIC, NH G Use t lam aA- a cans¢vU �vt QQ I)z wlu U�,U s, f' n am c� vz,Qu.�, VK- OC t rte h v� Qv r v� aAu.a, -k.a a as P,Q a� dtl s�.o1.�.�Q .J J o� ua L, OL vaut- r� 0� ""A `i Qu vi�i y e a re u a ✓ q� c n 1� ✓ ca o�`�c�� a GHQ ") � U d v -tint 6766-6 Wrichtsvilln Axa *77') Wilmington, NC 28403 �. 0 � B -X a76?7 )O\aQei,o6,L, NC a-2601 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 FE ........ lov, JOLT 1 m? onv iZ 7 N G fn t ^71 901 n�eu8r� prnea HLi1_ 16 '95 02:25PH FEDEPAL PHP'EP KiHP.D P.1 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 - �' N SEAL�G ' -i368 ., �fNof I. stills LIGNELL W. HOOD Ill (blLLY) REGISTERED LAND SURVEiOn 118 Friendly Lane Wilmington. NC 26409 (910) 199.7104 FAX (91-0) 799.1555 I NZRh W CSTAI. W ATE2 tJ 6`( !z� DIMS,,+ Cr =,aTru� HAAc aoros COASTAL MAidhUGE.'t 1 ER ►() 7.8z AG 0' 4f• c• �4� y�ral,�Asr.4_ a LOAT ,AWAY 9-10Mw maw 1y18.5i 4i 'G rz-33 ��g.,_u/L� EJs. k.E7EL5f�Est � 7.94 dGRES If a<e SQ.fT. /AO Po SED `u.+fJ c�a.pl i 9E0 Coo'{ ,s- pJE411•+.a eN PILV.(GS '�e•i�7i 12:��� .ItJ lrl-=7o="J 4 als•�s P(l. 1 y.•1.9 J N' Slew � 2AA-s AC. P-I') Norf. T3-34 Sa.da 511-Oi jy"E o.Lb A4 i Sz$S4oS a 7 ZNrrLA GOA SSA L WAr62OA'( 010 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 L.� ,J!y� Ph, i I/Z,,, - k,, I � LG✓, H,,4%4 '�� a - 3 m !;Z-- t- �" � -k �A41tz�,i� REcEivE� AUG P411995 Gi,r, .�- MANAGEMENT X ANSWERED AUG 3 0 1995 MRS. HOWARD PENTON, I*. 1517 Country Club Road Wilmington, North Caroline 28M n -pear Mr, t�ocJev- �Vlecfty, t II P: I PIe45e use, L6(sc)v- c3J�b� cJ4tc e. +n one CaL3 se of ' se j-vo- ' ay\d deny the re- c��es� 'Eva. �. Kegelsl er +-c, old Yesklerce c�+�c{ ("ev' a, I`'�nsoolb�vo Z.sLard . '�;Ir)cere. [!)> �O1 M • � o7�Yl �9 ►o� 7�3-q-� s y RECEIVER AUG 17 1995 r> ik1 2-28-199S :37AN FROM SEALINK CHARTERS 1 p.1 � CJEc�a-t r��a„ty{ yob i �tirr7 � •� iri�71 L�l L-C/C%_�i� l v�^�l/�%J, Q%/YL:�'r'V� 76 8'7 (Jxl i�a.-�'aA.�� , RUC• .� ti661 12 CVI� K&A U-s itf2� r AR Sc �.i Cf�crn �r �YCJI:ku J•C..c� Oc w (A I,. L t ajd, Usz Pla." P.I. a- ccnse�v f cc 2ct. , f ILL rt - v 1 �k a t tvc� 6v�ccti o'� ,�-c �G�CL v� lea a vat/-. r i�.e QrL Y-&V-( :LL �L- � l/i%TYI� C"� �C .�"!w� i� "IV✓'L.� v .f�i lAJ✓i:�\ ✓�'U V>' ,�/�.L. ��.�, '^k LJ"L"V-i� CLAW v��z"�.t f%.F.•;/t'i,e �vv\.e�.J�_ V✓\ /i.-tir�wyCu�• AAA-e.2 I'YL.J?A� j;- VA 'en/ actt (t5R,,.I,Vy_ � 5^.�Lrrv� p�Cvv✓.: i vvF r Y}� 1� 1.."YYt,. `S'r> 'U.J��t. _p�� .:/J\lY�..(.J ✓✓�S'h. wrl: tw' - Gvt1d� p, lg•'•� Q ZIA 4 A'1 �'�fLI` i'.L')✓aYI`i.�i��/lJ"1 GU 1^'L.'1 In%E r/�3-- 1�C'7� L�� ¢ /� # From the desk of \ A, 10 CHARLES WEST RECEIVED •� c� AUG 17 1995 COASTAL cc — MANAGEMENT ra 0. u Ur41 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 This facsimile transmission is intended for the addressee named iaKr It watains iuformarion that is pixydcged, cout,,1_utial, or otherwise protected from use and disclosure. 1t' yow not the intended recipient, you are hereby nonfieu that any revien losc. copying, or dissemination of this transmission, or the taiiug of any action in reliance on its contents tier use is strictly prohibited If you ha%e received this Uansmisision in error, please 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, — �- a 4"dA. RECEIVEO �U& 241g9� COASTAL x h4Rt�A6EtAEF4i � 1.50 ® WQWR'\f" Canada 2.00 BF 4725 Blank A.,,aEa 250 50 Dorman Aye., San Francisco, CA W124 Pnnred in USA