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HomeMy WebLinkAboutDEN-Dunescape Villas Condos HOAUnited States Postal Service Ottic I.RilS1n�5S1.1 1df� a&=' PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here MMATi CC>URGrNATOR DNXM - COASTAL MANAGEMENT P. O. BOX 27687 RALEIGH, N C. 276*1 • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to 3. Article Addressed to /yin 4 7N✓y� 4J41 5`S 4a. 0 *U.S. GPO: 1990-273861 I also wish to receive the following services (for an extra feel: 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. IS Number ce Type ❑ Insured LLD OD s Mail urn Receipt for Dgsf �a�vjg% RETURN RECEIPT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 5. 1998 IN REPLY REFER TO Regulatory Division Action ID No. 199801455 Dunescape Villas Condominiums HOA c/o Ms. Rita L. Davis Quadrant, Inc. Post Office Box 4455 Emerald Isle, North Carolina 28594 Dear Ms. Davis: By copy of North Carolina Department of Environment and Natural Resources letter to you of September 17, 1998, we have learned that State authorization for you to excavate a basin area within an existing 10-slip dock area in Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. If you wish to continue to pursue a DA permit, you must obtain the required State authorization. In the event you obtain the authorization, we will reopen your permit file, and continue to process your application. After the file is reopened, any issues raised during the public review process must be addressed before a permit can be issued. Mr. Jeff Richter of my staff is available to answer any questions you may have or to help you in developing a revised plan. Mr. Richter may be reached at telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Division RECEIVED OCT 1 41999 COASTAL MANAGEMENT Copies Furnished Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Regulatory Section -Region IV U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. M. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 .A NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT September 17, 1998 Certified Mail Return Receipt Requested Dunescape Villas Condominiums HOA c/o Ms. Rita L. Davis Quadrant, Inc. P. 0. Box 4455 Emerald Isle, NC 28594 Dear Ms. Davis: This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the state dredge and fill law to excavate a boat basin at an existing ten slip pier that provides docking for owners of Dunescape Villas Condominiums. The project site is Hoop Pole Creek, off of Salter Path Road, at Atlantic Beach, in Carteret County. Processing of the application, which was received on April 28, 1998 and for which notice of extended review was provided on July 14, 1998, is now complete. Based on a coordinated joint state and Federal agency review, the Division has made the following findings: 1) The proposed excavation would deepen by approximately two (2) feet, 8000 sq. ft., or an area 160 x 50 feet, of shallow water habitat which functions as a Primary Nursery Area (PNA) according to the Division of Marine Fisheries. Hoop Pole Creek, however, is not officially designated a PNA; 2) The existing ten slip dock was authorized under CAMA Permit No. 65-97 on May 8, 1997. There was no request for excavation at that time and the supporting application materials made no mention of a future proposal for such. There has been no measureable change in site conditions since that application was filed; 3) Hoop Pole Creek is a shallow estuarine creek with a sandy bottom. The project area proposed for excavation is typical of the creek in that it supports a variety offish and invertebrates. Benthic species groups commonly found in the area, include shellfish and polycheate worms that are important com- ponents in the aquatic food chain. In addition, commercially and recreationally important fishery resources, such as Atlantic croaker (Micropagonias undulatus), spot (Leiostomus xamthurus), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus), and flounders (Paralichthys spp.) use such areas as forage habitat; P.O. 8OX 27687, RALEIGH, NC 27611-7687 /272S CAPITAL SLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-149S AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/109o' POST -CONSUMER PAPER Dunescape Villas Condominiums HOA Page 2 September 17, 1998 4) The proposed basin would be deeper than the surrounding creek and allowing this work will encourage docking by deeper draft vessels in an area that has no maintained access channel. During periods of low water, larger vessels will likely resort to prop dredging to reach the docking site. If this occurs, the surrounding benthic habitat will be impacted on an ongoing basis and turbidity levels will be elevated, resulting in the degradation of the overall habitat value to fisheries of Hoop Pole Creek. In addition, approval of the work could set a precedent whereby the approval and construction of a multi -slip docks with no dredging is used for justifi- cation for dredging once the dock is in place; 5) During the course of the review, three resource agencies, including the National Marine Fisheries Service, the Division of Marine Fisheries, and the Wildlife Resources Commission either objected or expressed concern about the proposal. In addition, it is noted that the Division of Water Quality (DWQ) has not received a response to a June 29 letter concerning project need and design. Therefore, a Water Quality Certification has not been acted on and the DWQ has informed this office that the record is closed; 6) Staff of the Division of Coastal Management share the concern expressed by the commenting resource agencies and have determined the proposal inconsistent with the following partial listing of the Rules of the Coastal Resources Commission: NCAC T15A:07H.0208(a)(2)(B) requires the applicant to select a combination of sites and design that will have a mim- mum adverse impact upon the productivity and biological integrity of shell- fish beds, submerged aquatic vegetation, spawning and primary nursery areas, 07H.0208(b)(F) which requires that boat basins shall be excavated no deeper than connecting waters; and 07H.0206(c) Management Objective, for estuarine waters, is to safeguard and perpetuate biological and economic values. Based on the foregoing findings, it is necessary that your application for permits under the CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires denial of the application for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of Environmental Concern, and N.C.G.S. 113-229(e)(5) which provides for permit denial upon finding that the proposed project will have an adverse impact on estuarine fisheries. Dunescape Villas Condominiums HOA Page 3 September 17, 1998 If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. 0. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days from the receipt of this letter. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733- 2293, P. 0. Box 27687, Raleigh, NC 27611. Sincerely, Donna D. Moffitt IIPu ,.E cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Terry R. Youngbluth Corps of Engineers Wilmington, NC NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT September 17, 1998 Certified Mail Return Receipt Requested Dunescape Villas Condominiums HOA c/o Ms. Rita L. Davis Quadrant, Inc. P. O. Box 4455 Emerald Isle, NC 28594 Dear Ms. Davis: This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the state dredge and fill law to excavate a boat basin at an existing ten slip pier that provides docking for owners of Dunescape Villas Condominiums. The project site is Hoop Pole Creek, off of Salter Path Road, at Atlantic Beach, in Carteret County. Processing of the application, which was received on April 28, 1998 and for which notice of extended review was provided on July 14, 1998, is now complete. Based on a coordinated joint state and Federal agency review, the Division has made the following findings: 1) The proposed excavation would deepen by approximately two (2) feet, 8000 sq. ft., or an area 160 x 50 feet, of shallow water habitat which functions as a Primary Nursery Area (PNA) according to the Division of Marine Fisheries. Hoop Pole Creek, however, is not officially designated a PNA; 2) The existing ten slip dock was authorized under CAMA Permit No. 65-97 on May 8, 1997. There was no request for excavation at that time and the supporting application materials made no mention of a future proposal for such. There has been no measureable change in site conditions since that application was filed; 3) Hoop Pole Creek is a shallow estuarine creek with a sandy bottom. The project area proposed for excavation is typical of the creek in that it supports a variety of fish and invertebrates. Benthic species groups commonly found in the area, include shellfish and polycheate worms that are important com- ponents in the aquatic food chain. In addition, commercially and recreationally important fishery resources, such as Atlantic croaker (Micropagonias undulatus), spot (Leiostomus xamthurus), Atlantic menhaden (Brevoortia tyramms), striped mullet (Mugil cephalus), and flounders (Paralichthys spp.) use such areas as forage habitat; P.O. Box 27687, RALEIGH, NC 27611-7687 /272S CAPITAL 811D., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 91 9-733.149S AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POST -CONSUMER PAPER Dunescape Villas Condominiums HOA Page 2 September 17, 1998 4) The proposed basin would be deeper than the surrounding creek and allowing this work will encourage docking by deeper draft vessels in an area that has no maintained access channel. During periods of low water, larger vessels will likely resort to prop dredging to reach the docking site. If this occurs, the surrounding benthic habitat will be impacted on an ongoing basis and turbidity levels will be elevated, resulting in the degradation of the overall habitat value to fisheries of Hoop Pole Creek. In addition, approval of the work could set a precedent whereby the approval and construction of a multi -slip docks with no dredging is used for justifi- cation for dredging once the dock is in place; 5) During the course of the review, three resource agencies, including the National Marine Fisheries Service, the Division of Marine Fisheries, and the Wildlife Resources Commission either objected or expressed concern about the proposal. In addition, it is noted that the Division of Water Quality (DWQ) has not received a response to a June 29 letter concerning project need and design. Therefore, a Water Quality Certification has not been acted on and the DWQ has informed this office that the record is closed; 6) Staff of the Division of Coastal Management share the concern expressed by the commenting resource agencies and have determined the proposal inconsistent with the following partial listing of the Rules of the Coastal Resources Commission: NCAC T15A:07H.0208(a)(2)(B) requires the applicant to select a combination of sites and design that will have a mini- mum adverse impact upon the productivity and biological integrity of shell- fish beds, submerged aquatic vegetation, spawning and primary nursery areas, 07H.0208(b)(F) which requires that boat basins shall be excavated no deeper than connecting waters; and 07H.0206(c) Management Objective, for estuarine waters, is to safeguard and perpetuate biological and economic values. Based on the foregoing findings, it is necessary that your application for permits under the CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires denial of the application for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of Environmental Concern, and N.C.G.S. 113-229(e)(5) which provides for permit denial upon finding that the proposed project will have an adverse impact on estuarine fisheries. Dunescape Villas Condominiums HOA Page 3 September 17, 1998 If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days from the receipt of this letter. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733- 2293, P. O. Box 27687, Raleigh, NC 27611. Sincerely, Donna D. Moffitt DDM/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Terry R. Youngbluth Corps of Engineers Wilmington, NC NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT September 17, 1998 Certifled Mail Return Receipt Requested Dunescape Villas Condominiums HOA c/o Ms. Rita L. Davis Quadrant, Inc. P. O. Box 4455 Emerald Isle, NC 28594 Dear Ms. Davis: This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the state dredge and fill law to excavate a boat basin at an existing ten slip pier that provides docking for owners of Dunescape Villas Condominiums. The project site is Hoop Pole Creek, off of Salter Path Road, at Atlantic Beach, in Carteret County. Processing of the application, which was received on April 28, 1998 and for which notice of extended review was provided on July 14, 1998, is now complete. Based on a coordinated joint state and Federal agency review, the Division has made the following findings: 1) The proposed excavation would deepen by approximately two (2) feet, 8000 sq. ft., or an area 160 x 50 feet, of shallow water habitat which functions as a Primary Nursery Area (PNA) according to the Division of Marine Fisheries. Hoop Pole Creek, however, is not officially designated a PNA; 2) The existing ten slip dock was authorized under CAMA Permit No. 65-97 on May 8, 1997. There was no request for excavation at that time and the supporting application materials made no mention of a future proposal for such. There has been no measureable change in site conditions since that application was filed; 3) Hoop Pole Creek is a shallow estuarine creek with a sandy bottom. The project area proposed for excavation is typical of the creek in that it supports a variety of fish and invertebrates. Benthic species groups commonly found in the area, include shellfish and polycheate worms that are important com- ponents in the aquatic food chain. In addition, commercially and recreationally important fishery resources, such as Atlantic croaker (Micropagonias undulatus), spot (Leiostomus xamthurus), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus), and flounders (Paralichthys spp.) use such areas as forage habitat; P.O. BOX 27687, RALEIGH, INC 27611-7687 /2728 CAPITAL BLVO., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER Dunescape Villas Condominiums HOA Page 2 September 17, 1998 4) The proposed basin would be deeper than the surrounding creek and allowing this work will encourage docking by deeper draft vessels in an area that has no maintained access channel. During periods of low water, larger vessels will likely resort to prop dredging to reach the docking site. If this occurs, the surrounding benthic habitat will be impacted on an ongoing basis and turbidity levels will be elevated, resulting in the degradation of the overall habitat value to fisheries of Hoop Pole Creek. In addition, approval of the work could set a precedent whereby the approval and construction of a multi -slip docks with no dredging is used for justifi- cation for dredging once the dock is in place; 5) During the course of the review, three resource agencies, including the National Marine Fisheries Service, the Division of Marine Fisheries, and the Wildlife Resources Commission either objected or expressed concern about the proposal. In addition, it is noted that the Division of Water Quality (DWQ) has not received a response to a June 29 letter concerning project need and design. Therefore, a Water Quality Certification has not been acted on and the DWQ has informed this office that the record is closed; 6) Staff of the Division of Coastal Management share the concern expressed by the commenting resource agencies and have determined the proposal inconsistent with the following partial listing of the Rules of the Coastal Resources Commission: NCAC T15A:07H.0208(a)(2)(B) requires the applicant to select a combination of sites and design that will have a mini- mum adverse impact upon the productivity and biological integrity of shell- fish beds, submerged aquatic vegetation, spawning and primary nursery areas, 07H.0208(b)(F) which requires that boat basins shall be excavated no deeper than connecting waters; and 07H.0206(c) Management Objective, for estuarine waters, is to safeguard and perpetuate biological and economic values. Based on the foregoing findings, it is necessary that your application for permits under the CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires denial of the application for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of Environmental Concern, and N.C.G.S. 113-229(e)(5) which provides for permit denial upon finding that the proposed project will have an adverse impact on estuarine fisheries. is Dunescape Villas Condominiums HOA Page 3 September 17, 1998 If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days from the receipt of this letter. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733- 2293, P. O. Box 27687, Raleigh, NC 27611. DDM/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Terry R. Youngbluth Corps of Engineers Wilmington, NC Sincerely, Donna D. Moffitt WOMM Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City town, co Mu or or landmark 1. APPLICANT ari is o".'n a. Landowner: } Ome ownerti A c i o t;.-47er NameDVnehceQJyni��ac, lor.�oroin:�w�, Address �7a 14e✓ 1 fj+-% �A.. city 44 t c v%4; r &,%J, State &L Zip Z e7gs IZ Day Phone lrt t ci- 7 400 Fax cl IGl- -i Ei `I - 33'ri 0 b. Authorized Agent: Name��Orrrrri �✓�G. P,v -cl-o A 41 AAddress4r1010 EA.,e,✓cdd( E>v% city E.MefC'14S Itily State Nc Zip Z4�[ Day Phone rIK4-;5,{- 6331 Fax C1101- 15Li-1—+50 c. Project name (if any) V,,ne',cfiQC Vi 11o.L, Div✓ N07F. Perna( %Q be issued in name of lardow er(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. CountyCa•-jeve`i' c. Street addres or seco d road number ti,A l+e� r� t� i d. Is proposed work within city limits or planning jurisdiction? �' Yes No e. Name of body of water ng�est project (e.g. river, creek, sound, bay)14 Y 1 icy✓e �ovrd 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and zcavation and/or filling activities. e fbo,.+ til; ., o4 LOLLdib Die✓ 9 b. Is the proposed activity maintenance of an existing project, new work, or both? Ar. ex,641vi.t P�Fje�t c. Will the proj be for public, private or commercial use? p vctii a ✓� d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more spa iw eeded, please attach r�9$ additional pages. i y Or:y"Is pee &,-Le-, cL+ ✓ry FEB 0 2 1999 Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ± �7 ac re S b. Size of individual lot(s) h lei c. Approximate elevationof tract above MHW or NWL_4 o✓ — 1 F�/• OO4- Close n'IfFW in. n. d. Soil type(s) and texture(s) of tract n• ✓h•av_ h kv A.r le;IaAP e. Vegetation on tract _�P1av�c�t, ve, 2e, AYtt�.V�-n w�ta.✓'hL.�n f. Man-made features now on tract Yi e,. of ettcoADDITIONAL INFORMATION .+•..a ticJyf iei. bow•{- til;n e,,d,,,eP5• '942e 100 g. What is the CAMA Land Use Plan land classification of the site? (ConsuU the tocai iond ore pimp.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? ' w. v 4i - _aw a i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Attach Zoning compliance certificate, ifappUmbk) Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes v-' No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No 1. Are there wetlands on the site? ✓ Yes _ No Coastal (marsh) V Other If yes, has a delineation been conducted? (Atach domwntation, ifavmtabk) Describe existing astew ter treatment facilities. f1 wp4e tnit rCNTW�P Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 0y vw Describe ting9 �drinking wa er supply source. ALL1G.egEi�svJTr G hQln (.� w�•. L+./DAl u In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 1k Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 41 • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name 6v .)e ►Hotel ' CohdO Address . ►Ilo• c o. ' . 14 1ov&; t Phone 611'rt - 2b qo * l Name (,octfay, Qe. 1+4 OoOe 4pat'45efeb Address ZZ00 iJetitl=+- tltNlc . o&k Phone ollo(- aZlo'td-4-IZ Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAM f4 nerve l (O�i -�1 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. r �h • A signed AEC hazard notice for projects in oceanfront and inlet areas. v+-/• A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the - 2 q' day of 21Ciij , 19 q Print Name Rlrp c. �pau IS Signature L-441-r or Authorized Agee Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. FEB 0 2 1998 Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth M.14 J. 6' 5 ISf?' q01 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated 17C11 I '�'-"6"fr +e c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic tation (SAVs) or other wetlands? _ _Yes -ve eNo d. Highground excavation in cubic yards r cc"c- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location 1 of disposal at , � W c ii, q (Ir T. "?Z.1+e✓- (� �11�—Z4�-b4i0�1 t / b. Dimensions of dispos q�{ea ; p X ((L 1 Cl tciC� "JC` X-tLtrti'te c. Do y claim title to disposal area? Yes _ —No If no, attach a letter granting permission from the owner. Will a disposal area maintenance? ✓ Yes If yes, where? be available for future No FEB 0 2 1998 Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes V_ No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length '--; c. Average distance waterward of MHW or NWL . d. Maximum distance waterward of MHW or NWL ,y e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill —� h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be rought to site? Yes r No If yes, (1) Amount of material to be placed in the water , o 1,F - (2) Dimensions of fill area — (3) Purpose of fill b. Will fill material be placed in coastal wetlands _ (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill -- — 5. GENERAL a. How will excavated or fill material be kept on site d ero ion pontrolled? b. What type of construction equipment will be used (for . example, dragline, backhoe, or hydraulic dredge)? ln.jLraht P clawtstell c. Will wetlands be cr3ssed in transporting equipment to project site? —Z Yes No If yes, explain steps that will be takeQ to lessen egqvironmental impacts. ocAk%V'% to (n e 6c,(,+-c, r; o apt IA( 16LC6, pp . 0;_� Applicant or PrrcUect ame ��GGt/t SigUture Date Revised 03/95 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dunescape Villas Condominiums HOA 2. LOCATION OF PROJECT SITE: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Photo Index - 1995: 40-492 (indexed by N,O,P-19) 1989: 3 158 8 (indexed by N,0-10) State Plane Coordinates - X: 2,669,700 Y: 353,400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 24, 1998 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - April 28, 1998 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES (C)' Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Wastewater treatment plant Planned - None (F) Type of Structures: Existing - Wastewater treatment plant, parking lot, boat storage area and 10-slip residential dock (sound side), multi -building condominium complex (ocean side). Planned -None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 0 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Open waters of Hoop Pole Creek 8,000 ff (C) Other High Ground 5,500 frz (D) Total Area Disturbed: 13,500 frz (E) Primary Nursery Area: No (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant proposes to excavate within the "footprint" of an existing 10- slip dock. FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Dunescape Villas is a multi -building condominium complex located adjacent to the Atlantic Ocean on Salter Path Road (NC 58) in Atlantic Beach, Carteret County. The Homeowner's Association owns a 5-acre tract of land across NC 58 adjacent to an embayment off Hoop Pole Creek. The wastewater treatment Plant for the condominium complex is located on this parcel along with a graveled parking lot and fenced -in boat storage area. A 10-slip dock for small craft (less than 24') was recently permitted and constructed at the site. A wooded area buffers the sides and sound side of the plant, parking lot and storage area. The tract grades down to an extensive black needlerush 7uncus roemerianus) and smooth cordgrass (Spartina alterniflora) marsh. Immediately to the east is the Bogue Shores Motel and Condominium complex, while immediately to the west is a 90+ unit mobile home park. Hoop Pole Creek is a shallow system with water depths averaging -4.5' to -5' below MLW. Water depth within the 10 terminal slips is between -4' and -4.5'. Aerial photographs indicate the presences of an "unpermitted". shallow channel leading from Bogue Sound into the embayment. The channel does not lead to the applicant's dock. Hoop Pole Creek is classified as SA waters. It is not a designated Primary Nursery Area and is closed to shell fishing. The applicant states that there are no shellfish resources nor SAVs in the area to be excavated. Neither were noted during the site visit, however turbid water conditions hampered such determinations. Project Description The applicant proposes to excavate a "basin area" within the 10 terminal boat slips of an existing 10-slip dock. The area to be excavated measures 160' X 50' X -1.5'. (There is a slight difference between the application and the plat). The applicant proposes to use a barge - driven clamshell type excavator. The material from the barge would be off loaded at an adjacent ramp and trucked to the spoil site. The applicant offers two choices for spoil disposal. Site # 2 (labeled secondary site on plat) is the most logical. The area is a graveled area and is far removed from the wetlands and marsh. The applicant first choice is located waterward of the sewage treatment plant and appears to infringe on the adjacent wetlands (although not delineated). The spoil area (again site # 2) measures 110' X 50'. Anticipated Impacts The excavation activities would directly impact 8,000 fly of not only public trust areas but also shallow estuarine bottom habitat. Approximately 440 yds' of bottom substrate would FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #3 be removed during excavation. It also appears that the project would create an open water "basin" that is a foot deeper than the controlling water depths adjacent to the project. Potential for deteriorating water quality exist with such scenarios. Such situations also frequently lead to unauthorized channels being kicked in order to connect the two "deeper" waters. At this time, it is also difficult to assess any potential impact to shellfish and SAVS since the water conditions during the site visit were so turbid. Additional investigations should be made before a formal decision is made. M. Ted Tyndall - Morehead City Office - May 13, 1998 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Dunescape Villas Condominiums HOA County: Carteret LOCATION OF PROJECT: Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 28, 1998 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ted Tyndall Re(9'FICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN FEE REC'D:$ PUBLIC NOTICE REC'D: I .,—"W "" " �'j.}D WNOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC' APPLICATION ASSIGNED TO: ON: 5 —2 0 —9p% C) 75 DAY DEADLINE: �— 1.2 — 9 150 DAY DEADLINE: q — a —7�/ MAIL OUT DATE: � - a / — q P STATE DUE DATE:-6 — oZ 9 d FEDERAL DUE DATE: — / % VI FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON `\,\\ —A 1. AGENCY 'C DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional R p=ns to 've Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section 4) vision of Water Quality w .. Storm Water Management (DWQ) L G State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission _ Division. of Water Resources — -- Division of Marine Fisheries ( r t Submerged Lands (DMF Etr—bC—ly9d 11:54 rHUM DCM MUHEHEHD y19 247 333b IU 1-919-733-1495 H.bl TO: John Parker Past -it` Fax Note 7671 Dat— I ct pa9ea► To— From et> -r I ColDept. Co. Phone # Phone # Fax a Fax o FROM: M. Ted Tyndall SUBJECT: Field Recommendation for the Dunescape Villas Condominium HOA CAMA Major Permit Application, in the Town of Atlantic Beach, Carteret County. DATE: September 8, 1998 The applicants propose to excavate within the "footprint" of an existing 10-slip dock located on Hoop Pole Creek off Salter Path Road, in the Town of Atlantic Beach, Carteret County. The "basin area" to be excavated measures 160' X 50'. Based on the applicant's plat, the water depths along the end of the dock. averages -4.0' to -4.5' below what appears to be MHW, while the controlling water depths average between -4.5' and--4.8'. As in most shallow water bays, the water depths gradually increase as you move away from shore. In this case, the water depths increase. to a maximum depth of -6.0' below. MHW some 450' from the dock. The project proposal is to excavate the basin area to a final project depth of -5.5' below MHW which is deeper than the surrounding waters. Based on the applicant's plat and substantiated during my field visit, there is only -1 to -1.5' within the slip area at N1LW. The dock was originally designed and permitted for small boats 24' or less to be used by the Dunescape Villa owners on a daily basis. And although not stated in the application, the applicant's consultant implied that the daily use was to be facilitated by the Villa's boat ramp immediately to the east. Again, it can't be emphasized too much that the applicant applied for and received a permit for the dock only last year with full knowledge of the shallow water conditions. Those conditions have not changed. In addition, several agencies have noted the importance of this shallow bay to the overall fisheries of Bogue Sound. Such excavation would directly impact the shallow water habitat in the area to be dredged and probably increase secondary impacts by "passively promoting" the use of the dock by deeper draft boats, Therefore, given the shallow nature of the bay and the fact that the proposal is to excavate the shallow habitat bottom deeper than the controlling waters, the proposal appears to be inconsistent with the following regulations. The application appears inconsistent with 15 NCAC 7H.0208 (a)(2)(B) which states that the site and design will have a minimum adverse impact upon the productivity and biological integrity of' shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, etc.. It also appears to be inconsistent with 15 NCAC 7H.0208 (b)(F) which states that any boat basin shall be excavated no deeper than the depth of the connecting waters. Therefore, I would recommend that a permit not be issued for the proposed excavation. cc: Charles Jones - DCM Jeff Richtdr - COE, Wilmington ALT, NCDEW �y DAMES B. HUNT JR. GOVERNOR ~ WAYNE MCDEVITT SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 15, 1998 TO: Kathy B. Vinson, District Planner Division of Coastal Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dunescape Villas Condominiums HOA Project Location: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Proposed Project: to excavate within the "footprint" of an existing 10-slip dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 1998. If you have any questions regarding the proposed project, please contact Ted Tyndall at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project taasproposed. l al wG�R aze' This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED C��w, % �lM rlw�� DATE HESTRON PLAZA II MOREHEAD CITY OFFICE 151-B HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 919-808-2808 FAX 919-247-3330 R-50% RECYCLED/10% POST -CONSUMER PAPER AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYE MEMO To: John Parker From: Kathy Vinson Subject: Consistency Determination, Major Permit Application, Dunescape Villas Condominiums HOA, Town of Atlantic Beach, Carteret County Date: June 18, 1998 Dunescape Villas is located adjacent to the Atlantic Ocean on Salter Path Road (NC 58) in Atlantic Beach, Carteret County. The Homeowner's Association owns a 5-acre tract of land across NC 58, adjacent Hoop Pole Creek. This site contains the wastewater treatment plant for the complex, a graveled parking area and a fenced -in boat storage area A 10-slip dock was recently permitted and constructed. This proposal is to excavate a "basin area' within the footprint of the existing 10-slip dock. Spoil disposal is proposed for one of two possible areas. One area is graveled and away from the wetlands and marsh located on the property, with the other appears to infringe upon adjacent wetlands. Areas of Environmental Concern (AECs) impacted by the proposed work include Public Trust Areas, Estuarine Waters and the Estuarine Shoreline. One of the proposed spoil disposal sites would also impact an area of `404' wetlands. Hoop Pole Creek is classified as SA and is closed to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1993 Town of Atlantic Beach Land Use Plan (LUP) Update, as amended May 30, 1997, and offer the following comments. The general area of the project is classified as Developed Residential, while the AECs impacted by the proposed work are classified as Conservation. In general, the Town of Atlantic Beach permits development in Conservation classified Areas of Environmental Concern which is consistent with the Town's Zoning Ordinance, the State's 7H Use Standards and other policies contained in the LUP. A few policies contained in the LUP exceed the State's minimum use standards, but none of these more restrictive local standards appear to be applicable to this project Specifically, Resource Production and Management Policies for Marine Resource Areas state support for the 7H Use Standards for development in estuarine and public trust waters (again with certain noted exceptions.) Support for state minimum standards for development in Estuarine Waters, Public Trust Areas, the Estuarine Shoreline and Coastal Wetlands is reiterated in the policy discussion for Residential, Commercial, and Industrial Impacts on Resources. The Town concurs with the U.S. Army Corps of Engineers' standards for development in `404' wetland areas and does not impose any additional requirements. Provided all state, local and federal requirements can be satisfied, this project appears to be consistent with the amended 1993 Land Use Plan Update. cc: Charles Jones Ted Tyndall Ed Sealover NCDENR JAMES B. HUNT JR. GOVERNOR WAVNE MCDEVITT SECRETARY ROGER N. SCHECTER DIRECTOR TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 15, 1998 Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries John R. Parker, Jr. Major Permits Processing Coordinator �L�RuTt� O O MAY SM.]. MF-APP CAMA/DREDGE & FILL Permit Application Review Dunescape Villas Condominiums HOA Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek to excavate within the "footprint" of an existing 10-slip dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 1998. If you have any questions regarding the proposed project, please contact Ted Tyndall at (252) 808-2808. When appropriate, in-depth comments with supporting data is Jrequested.IDDLu OU"u __ I _ - .4n ttl p�L1� •C at tom,, REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. T This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE MOREHEAD CITY OFFICE HESTRON PLAZA 11 151-8 HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 919-806-2805 FAX 919-247-3330 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources ,Q Division of Marine Fisheries James B. Hunt, Jr., Governor NCDENR Wayne McDevitt, SecretaryPreston P. Pate, Jr. Director E+raovma T .wo NIV mi Ht soo�ce MEMO To: John R. Parker, Jr. Major Permits Processing Coordinator From: David Taylor 00/ Acting Section Chief of Fisheries Management Subject: CAMA/DREDGE & FILL Permit Application Review Dunscape Villas Condominiums HOA Date: June 4, 1998 The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the application for work proposed by the Dunescape Villas Condominiums HOA, reviewed the Field Investigation Report compiled by CAMA, and conducted a site visit. No submerged aquatic vegetation was found in or around the area to be impacted. Shellfish mapping data indicate that no commercial quantities of shellfish exist in the area. However, while Hoop Pole Creek is not a designated Primary Nursery Area (PNA), sampling of this water body since May and June of 1992 indicates that it is functioning as a PNA. Juveniles of commercially and recreationally important species such as spot (Leiostomus an hurus), Atlantic menhaden revoortiatynann s), and brown shrimp enaeus aztecus) were taken in normal (Atlantic menhaden and brown shrimp) to record numbers (spot) during sampling. This is indicative of the viable nursery function of Hoop Pole Creek. This agency recommends approval of the project only if excavation is not conducted during 1 March - 31 August to allow for white shrimp n e setiferus) development and spatfall of common oyster (Crassostrea vir i� nica). State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Preston P. Pate, Jr., Director 8 June 1998 MEMORANDUM TO: John Parker FROM: P.A. Wojciechowsk`.:�' SUBJECT: CAMA/DREDGE & FILL Permit Application Review Dunescape Villas Condominiums HOA 9 NCDENR NCRTh CAROUNA DERARTMENT O� CNV.RONMENr AND NAzURAL RosouRcz. 5 Please find enclosed comments by the Division of Marine Fisheries for the above referenced CAMA/DREDGE & FILL permit application. If you have any questions, please don't hesitate to call. PAW/jjh h:\perrnits\admin\jpcover RCEID JUN 111998 COASTAL MANAGEMENT P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper AGD'A NCDENR JAMES S. HUNTJR. GOVERNOR WAYNE MCDEVITT SECRETARY ROGER N. SCHECTER DIRECTOR �4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 22, 1998 MEMORANDUM RECEIVED JUN 2 3 1998 TO: Mr. Charles R. Fullwood, Jr., Director COASTAL MANAGEVIIENT Wildlife Resources Commission - Attn: Habitat Conservation Program FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMAMR'EDDGE & FILL Permit Application Review APPLICANT: ( Dunes�'ape Villas Condominiums HOA PROJECT LOCATION: Town of Atlantic Beach, off Salter Path Rd., Carteret Co. PROPOSED PROJECT: To excavate within the "footprint" of an existing dock. Please indicate below your agency's position or viewpoint on the proposed and return this form by June 12, 1998. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. SignedDate G - ZZ-q� P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919.733-2293 FAX 919.733-149B AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -80% RECYCLED/10% POST -CONSUMER PAPER ® North Carolina Wildhfe Resources Commission® 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DENR FROM: William Wescott, Coastal Coordinator Habitat Conservation Program DATE: June 22, 1998 .�SUBJEGT: OAMA/Dredge and Fill Permit Application for Dunescape•Villas Condominiums, Town of Atlantic Beach, Carteret County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. A site visit was conducted on June 3, 1998. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the)Fish and Wildlife Coordination -Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to excavate within the footprint of an existing dock. Waters at the site are designated as SA but are closed to shellfish harvest. The applicant received a permit in May 1997 to construct the 10-slip dock. In the application associated with that permit the applicant indicated the water depth at the waterward end of the dock was 4.5 feet at mean low water (MLW). This most recent application indicates that the water depth is 4 feet at mean high water (MHW). This application also indicates that SAVs are not present which contradicts site observations made by NC Div. of Marine Fisheries. According to the plats the proposed work would create an area deeper than surrounding waters. We recommend the permit for dredging not be issued. We appreciate the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Dunescape Villas Condos Homeowner's "A58b&M Salter Path Road Atlantic Beach, NC 28512 Dear Sirs: • AAW �i NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 29, 1998 DWQ Project # 980463 Carteret County COE # 199801455 The Division of Water Quality has reviewed your plans to dredge 8000 square feet located at Dunescape Villas Condominiums in Carteret County for dredging within an existing 10-slip dock area. Based on this review, we have identified significant uses, which would be removed or degraded by this project. These uses are aquatic life uses in the water as well as water quality standard violations in the dredged area. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 211.0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to this dredging. We are especially concerned that you will create an area of water deeper than the surrounding area with resultant lower water quality (especially dissolved oxygen). Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to Ms. Joanne Steenhuis Wilmington Regional Office at 127 Cardinal Drive Extension Wilmington NC 28406. If we do not hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-1786 if you have any questions. cc: Wilmington DWQ Regional Office Wilmington Office Corps of Engineers Central Files John Domey Wilmington Field Office Corps of Engineers John Parker, DCM cerel Jo R. Dome W er Quality Certific lion gram RECEIVED JUL 16 1998 COASTAL MANAGEME1VT 980463.nty Division of Water Quality • Non -Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 1 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper To: John Dorney Environmental Sciences Branch r—r& 1 1 OF WATER QUALITY :u: u: I[ RERAM APPLICATION REVIEW C 1 ►: 1 yy N � C �I � : UI 1 ulul ►I1:_Y �_�._. REVIEWER: STEENHUIS &110 ACTING WQ SUPERVISOR: SHIVER DATE: June 10, 1998 PERMIT YR: 98 PERMIT NO.: 980463 COUNTY: Carteret PROJECT NAME: Dunescape Villas Condominiums HOA PROJECT TYPE: Dredge PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: May 19, 1998 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Hoop Pole Creek CLASS: SA STREAM INDEX #: 20-36-12 *OPEN OR CLOSED: Closed WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: DENY STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to excavate within the "footprint" of an existing 10-slip dock. WATER OUAIM CERT.. (401) CERT.. REQ'D: Yes IF YES, TYPE: General Certification # 3112 for CAMA Permits SEWAGE DLSPO T TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WET AREA OF FILL - WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A D FD IN IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes, second site in project application is more suitable for disposal site. 980463.June Page Two MARM ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDMONS OR P MIT RESTRICTIONS: This office is concerned with the potential decrease in water quality due to the basin being deeper than the controlling water depths adjacent to the project area. This has the likelihood of creating an area that would need constant dredging and because there is no channel to access this basin would also cause potential problems. cc: Central Files - John Dorney Wilmington Regional Office Files DCM- Ted Tyndall John Parker Rc�ClVe p AIN 2 3 1998 COASTAk MANAGEMENT JUN 1 8 1998 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality May 21 1998 Ms. Rita L. Davis Dunescape Villas Condominiums Salter Path Rd. Atlantic Beach, NC 28512 NCDENR NO il.RO1JNA DEPARTMENT OF ENVIRONMENT AND N.QL RE9OURCE3 Subject: EXEMPTION Stormwater Project No. SW8 980539 Carteret County Dunescape Villas Condominiums HOA Dear Ms. Davis: The Wilmington Regional Office received a copy of the CAMA Major Permit Application for Dunescape Villas Condominiums HOA on May 19, 1998. Staff review of the plans and specifications has determined that the development activities proposed will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwaer runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Areas Management Act, Federal, State, or Local Governments. In addition, any future modifications to the project will require additional review from this Office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, RSS/arl: cc: Rick Shiver, P.G. Acting Regional Water Quality Supervisor S:\WQS\STORMWAT\CAMA\980539.May Charles Piggott, DCM Katrina Marshall, Carteret County Inspections John Parker, DCM Quadrant Inc. Wilmington Regional Office Central Files RECEIVE® MAY 2 6 1998 COASTAL MANAGEMENT 127 Cardinal Dr. Ezt, Wilmington, North Carolina 28405 Telephone 910395J900 FAX 910350-2004 An Equal opportunity Affirmative Action Employer 50% recyeled/10% post-comsmner paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JAMES S. HUNTJR. - E 6 D SHELLFISH SANITATION MEMORANDUM 22, 1998 DIVISION OF COASTAL MANAGEMENT RECEIVED JUN 2 2 1998 TO: Ms. Linda Sewall, Director COASTAL MANAGEMENT Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMAI DREDGE & FILL Permit Application Review APPLICANT: Dunescape Villas Condominiums HOA PROJECT LOCATION: Town of Atlantic Beach, off Salter Path Rd., Cartert Co. PROPOSED PROJECT: To excavate within the "footprint" of an existing dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 12, 1998. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. � tt� !)It, !N Signed�/��p a a,4 Date P.O. BOX 27687, RALEIGH, NC 27611-76a7 /272B CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 5090' RECYCLED/10% POST-GONSIIMER PAPER NCDENR JAMES B. HUNTJR. GOVERNOR WAmE Mc DEVRT DIRECTOR 91F�^"IVED A s isss e-ea9T4 MANAGEMag 1/ Wo M 11710 1111)3 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 22, 1998 TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator 1L345678 / 9'0 �r DO /DO p17��VL$ W 7d �� SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dunescape Villas Condominiums HOA PROJECT LOCATION: Town of Atlantic Beach, off Salter Path Rd., Carteret Co. PROPOSED PROJECT: To excavate within the "footprint" of an existing dock. Plesase indicate below your agency's position or viewpoint on the proposed project and return this form by June 12, 1998. If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. L� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments�7 /� Signed ��,t 9�—k V Date b 1 If P.O. Box 27687, RALEIGH, NC 27611-7687 / 2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-T33-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER E NCDENR JAMES B. HUNTJR. GOVERNOR WAYNE MCDEVITT SECRETARY ROGER N. SCHECTER L DIRECTOR V RF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 22, 1998 RECEIVE JUN 121998 u U : c_51_0 1U1 COASTAL MANAGEMENT TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dunescape Villas Condominiums IIOA PROJECT LOCATION: Town f Atlantic Beach, off Salter Path Rd., Carteret Co. PROPOSED PROJECT: To excavate within the "footprint" of an existing dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 12, 1998. If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. CThis agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached n comments. Signed (�� /"� Date P.O. BOY 2768/. RALEIGH, NC 27611-7687 /2%28 CAPITAL BLVD., RALEIGH, INC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER AND NCDENR JAMES B. HUNTJR. MEMORANDUM: WATNE MCDEVITT �'. $EORETARY. 6 � t ROGER N. SCHECTER TO: FROM: SUBJECT Applicant: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 15, 1998 RY 19 1998 ^IVISION OF Mr. Charles Gardner, Director OAS1'.AL MA[�AGEMENT Division of Land Resources RECEIVED John R. Parker, Jr. Major Permits Processing Coordinator JUN 0 8 1998 CAMA/DREDGE & FILL Permit Application RevieGtpASTALMANAGEMEN Dunescape Villas Condominiums HOA Project Location: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Proposed Project: to excavate within the "footprint" of an existing 10-slip dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 1998. If you have any questions regarding the proposed project, please contact Ted Tyndall at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ` DATE J Uyc 51 �g98 MOREHEAD CITY OFFICE HESTRON PLAZA 11 151-B HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 919-808-2808 FAX 919-24T-3330 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 509e' RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT NCDENR JAMES B. HUHTJR. May 22, 1998 GOVERNOR MEMORANDUM RECEIVED MAY 2 9 1998 WAYNEMCDEVITT TO: Mr. L. A. Sanderson, P.E. SECRETARY : Highway Administrator COASTAL MANAGEMENT Division of Highways ROGER N. SCHECTER FROM: John Parker, Jr. ' DIRECTOR Major Permits Processing Coordinator f. F SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dtmescape Villas Condominiums HOA PROJECT LOCATION: Town of Atlantic Beach, off Salter Path Rd., Carteret Co. PROPOSED PROJECT: To excavate within the "footprint" of an existing dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 12, 1998. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. _ This agency approves of the project, only if the recommended changes are incorporated. See attached. _ This agency ob' cts t the project for reasons described in the attached comments. CI Date Jr— 2- 6 ,7 P.O. BOX 27687, RALEIGH, NC 27611 -7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 509e" RECYCLED/10% POST -CONSUMER PAPER A w NCDENR JAMES B. HUNTJR. GOVERNOR WAYNE MCDEVITT SECRETARY R0 ER M SCHECTER DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT RECEIVED MAY 2 6 1998 COASTAL MANAGEMENT May 15, 1998 � f� 19 H TR� � rl MEMORAND MAY 19 1998 DIVISION OF TO: Mr. William A. McNeil, DirectIOASTAL MANAGEMENT Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dunescape Villas Condominiums HOA Project Location: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Proposed Project: to excavate within the "footprint" of an existing 10-slip dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 1998. If you have any questions regarding the proposed project, please contact Ted Tyndall at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agen as no objection to the project as proposed. lam_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. E- SIGNID A2TE D MOREHEAD CITY OFFICE HESTRON PLAZA II 151.8 HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 919- 808-2808 FAX 919-247-3330 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 509e' RECYCLED/10% POST -CONSUMER PAPER e�� NCDENR JAME6 B. HUNTJR. GOVERNOR ' WAYNE MCDEVITT: C. SECRETARY "..•, r �* ROGER N. SCHECTER DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 22, 1998 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator ;r tit Ay 26 1998 C: cti SRC SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: �- Dunescape fflas Condominiums HOA PROJECT LOCATION: Town of Atlantic Beach, off Salter Path Rd., Carteret Co. PROPOSED PROJECT: To excavate within the "footprint" of an existing dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 12, 1998. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed �' / Date Z�d' JUL u 1 1958 COASTALMANAGr ZNT _P.O. BOX 27687, RALEIQN, NC 27611-7687 /2720 CAPITAL BLVD., RALEIGH, NC 27604 ---�"'••'- PNONE 818-789-228D FAX 918--733.1488 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -BOX RECYCLED/10% POET -CONSUMER PAPER DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 CE1v�D IN PO V DEFER M Regulatory Division Action ID No. 199801455 July 1, 1998 R jug p S 1999 GOASTA�-►'�`NAGEMEti� Dunescape Villas Condominiums HOA Salterpath Road Atlantic Beach, North Carolina 28512 Dear Sir: On May 18, 1998, you applied for Department of the Army authorization to excavate a basin area within an existing 10-slip dock area in Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina. After review of your proposal, the National Marine Fisheries Service recommended denial of your application by letter dated June 12, 1998 (copy enclosed). This recommendation is due to anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or to rebut any and all objections before a final decision is made. I am responsible for processing your application and am available to assist you in coordinating with the review agencies. Please advise us of your intentions, in writing, on or before July 7, 1998. Should you have any questions, please contact me at telephone (910) 251-4636. Enclosures Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office R'`b —�f-' -t1n:+w ✓, dt�t�,,,�,E7,r;;.t 77 II f� Jar, Copies Furnished (without encl): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. William Cox, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, S.W. Atlanta, Georgia 30303 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration • ''r .� NATIONAL MARINE FISHERIES SERVICE �'"'« Of Southeast Regional Office 9721 Executive Center Drive N St. Petersburg, Florida 33702 June 12, 1998 Colonel Terry R. Youngbluth District Engineer, Wilmington District Department of the Army, Corps of EngineersCOPY P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Jeff Richter Dear Colonel Youngbluth: RECEIVED JUN 16 1998 WILMINGTON F EOLD OFFICE In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199801455(GP) dated May 19, 1998. The applicant, Dunescape Villas Condominiums, HOA proposes to construct a boat basin in the water; of Bogue Sound near Atlantic Beach, Carteret County, North Carolina. The proposed project consists of using a barge mounted backhoe to excavate a 160-foot-long by 50- foot-wide by -1.5-foot-deep, mean low water boat basin within the foot print of a previously approved boat dock in Hoop Pole Creek. The excavated material would be placed on the barge and off loaded for placement in an upland disposal site. Based on our knowledge of the project area and coordination with the North Carolina Division of Coastal Management, we are concerned that this work will detrimental to fishery resources for which we are responsible. Hoop Pole Creek is a shallow estuarine creek with a sandy bottom. The project area proposed for excavation is typical of the creek in that it supports a variety of fish and invertebrates. Benthic species groups commonly found in the area include shellfish and polycheate worms that are important components in the aquatic food chain. In addition, commercially and recreationally important fishery resources such as Atlantic croaker (Micropogonias undulatus), spot (Leiostomus xanthurus), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus), and flounders (Paralichthys spp.) use such areas as forage habitat. The proposed dredging will alter by deepening a small but important area (0.18 acre ) of shallow water habitat. The National Marine Fisheries Service reviewed the original application for the existing 10-slip docking facility for small craft (less than 24 feet) and offered no objection based on the fact that no dredging was requested. Accordingly, we are concerned that authorization of the current plan will result in site specific and cumulative impacts on shallow water fishery habitat. A'uwe'`4 i �`A The proposed basin is deeper than the surrounding creek and allowing this work will encourage docking by deeper draft vessels in an area that has no maintained access channel. During periods of low water, larger vessels will likely resort to prop dredging to reach the docking site. If this occurs, the surrounding benthic habitat will be impacted on an ongoing basis and turbidity levels will be elevated resulting in the degradation of the overall habitat value to fisheries of Hoop Pole Creek. In addition, approval of the work could set a precedent whereby the approval and construction of a multi -slip dock with no dredging is used for justification for dredging once the dock is in place. In view of the above, we recommend against federal authorization of this project and suggest that the existing facility continue to be used. If we can be of further assistance, please advise. Sincerely, Ann as Mager, Jr. Assistant Regional Administrator Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SER4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division May 19, 1998 Action ID.: 199801455 Applicant: Dunescape Villas Condominiums HOA County: Carteret Waterway: Hoop Pole Creek Work: Dredge Basin Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. John Hefner, Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. John Parker Mr. William L. Cox, Chief Division of Coastal Management Wetlands Section - Region IV North Carolina Department of Water Management Division Environment and Natural Resources U.S. Environmental Protection Agency Post Office Box 27687 Atlanta Federal Center Raleigh, North Carolina 27611-7689 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before June 19, 1998. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Sincerely, J Richter Project Manager Wilmington Field Office Enclosure RECEIVE® MAY 2 7 1998 COASTAL MANAGEMENT UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERASIC i Southeast Regional Office 9721 Executive Center Drive N St. Petersburg, Florida 33702 June 12, 1998 Colonel Terry R. Youngbluth District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Jeff Richter Dear Colonel Youngbluth: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199801455(GP) dated May 19, 1998. The applicane Villas Condominiums, HOA proposes to construct a boat basin in the waters of Bogue Sound near Atlantic Beach, Carteret County, North Carolina. The proposed project consists of using a barge mounted backhoe to excavate a 160-foot-long by 50- foot-wide by -1.5-foot-deep, mean low water boat basin within the foot print of a previously approved boat dock in Hoop Pole Creek. The excavated material would be placed on the barge and off loaded for placement in an upland disposal site. Based on our knowledge of the project area and coordination with the North Carolina Division of Coastal Management, we are concerned that this work will detrimental to fishery resources for which we are responsible. Hoop Pole Creek is a shallow estuarine creek with a sandy bottom. The project area proposed for excavation is typical of the creek in that it supports a variety of fish and invertebrates. Benthic species groups commonly found in the area include shellfish and polycheate worms that are important components in the aquatic food chain. In addition, commercially and recreationally important fishery resources such as Atlantic croaker (Micropogonias undulatus), spot (Leiostomus xanthurus), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus), and flounders (Paralichthys spp.) use such areas as forage habitat. The proposed dredging will alter by deepening a small but important area (0.18 acre ) of shallow water habitat. The National Marine Fisheries Service reviewed the original application for the existing 10-slip docking facility for small craft (less than 24 feet) and offered no objection based on the fact that no dredging was requested. Accordingly, we are concerned that authorization of the current plan will result in site specific and cumulative impacts on shallow water fishery habitat. The proposed basin is deeper than the surrounding creek and allowing this work will encourage docking by deeper draft vessels in an area that has no maintained access channel. During periods of low water, larger vessels will likely resort to prop dredging to reach the docking site. If this occurs, the surrounding benthic habitat will be impacted on an ongoing basis and turbidity levels will be elevated resulting in the degradation of the overall habitat value to fisheries of Hoop Pole Creek. In addition, approval of the work could set a precedent whereby the approval and construction of a multi -slip dock with no dredging is used for justification for dredging once the dock is in place. In view of the above, we recommend against federal authorization of this project and suggest that the existing facility continue to be used. If we can be of further assistance, please advise. Sincerely, A d as Mager, Jr. Assistant Regional Administrator Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SER4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 26, 1998 Regulatory Division Action ID No. 199801455 RECEIVE® JUN 01 1998 Dunescape villas condominiums HOA Salterpath Road COASTAL MANAGEMENT' Atlantic Beach, North Carolina 28512 Dear Sir: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 18, 1998, for Department of the Army authorization to excavate a basin area within an existing 10-slip dock area in Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing'of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the state. Although we will begin processing of your application, we cannot finalize the permit until adequate plans are provided. Your plans including a geographical location map, a plan (overhead) view and an elevation (side) view must be submitted on no larger than 8-1/2 inch by 14 inch white paper. The plans submitted can only be used as working copies. Please furnish these plans by June 8, 1998. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199801455. It will be coordinated by the undersigned, available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 Quadrant Inc. 7906 Emerald Drive Emerald Isle, North Carolina 28594 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA 28402.1890 IN REPLY REFER TO Regulatory Division Action ID No. 199801455 Mr. John Dorney Division of Water Quality North Carolina Department Environment and Natural 4401 Reedy Creek Road Raleigh, North Carolina Dear Mr. Dorney: May 26, 1998 of Resources 27611-7687 RFr%F- JUN u 1 1998 COASTAL MANAGEMENT Reference the application of Dunescape Villas Condominiums HOA for Department of the Army authorization and a State Water Quality Certification to excavate a basin area within an existing 10-slip dock area in Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 27, 1998, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office Copy Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 rJAMEs B.HUNTJR.. , NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 14, 1998 Ms. Rita Davis Dunescape Villas Condominiums HOA 7906 Emerald Drive Emerald Isle, NC 28594 Dear Ms. Davis: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to excavate within the "footprint" of an existing 10 slip dock on property located in the Town of Atlantic Beach, off Salter Path Road, Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 24,.098 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, o Parker Major Permits Processing Manager JRP-jr/aw cc: Ted Tynall DCM--Morehead City P.O. Box 27687, RALEIGH, INC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, INC 27604 PHONE 919-733-2293 FAX919-733-14D3 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER AL NCDENR JAMES S. HUNTJR. :� Ms. Rita L. Davis GOVERNOR ' Quadrant Inc. 7906 Emerald Dr. Emerald Isle, NC 28594 wAmE MCDEVITT Dear Ms. Davis: SECRETARY ROGER N. SCHECTER DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 13, 1998 The NC Division of Coastal Management hereby acknowledges receipt of Dunescape Villas Condominium HCIA's application for State approval for development adjacent to their property located off NC 58, Atlantic Beach, North Carolina. It was finally received complete on April 28, 1998, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 12, 1998. 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. MTT Enclosure cc: John Parker - DCM Charles Jones - DCM Sincerely, r /5..Qa M. Ted Tyndall District Manager HESTRON PLAZA II AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYE MOREHEAD CITY OFFICE 151-B HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 919-808-2608 FAX 919-247-3330 R-50% RECYCLED/10% POST -CONSUMER PAPER GRAMMER BUILDERS INC. 214 GEORGE TAYLOR RD. NEWPORT, NC 28570 off. 919-726-2597 fax.919-726-1910 NC License # 39845 Feb.20,1998 Attn. Ted Tyndall Coastal Area Management RE: Proposed dredging at Dunescape dock Mr. Tyndall, Per your request I am submitting cross section drawings and survey plats indicating the areas of proposed dredging at DunescaYpe dock. Depth readings of the creek indicated that the lowest point of the creek is a touch over 6' at its deepest area at Mean High Tide. Our intentions are to start the dredging 2' deep at the base of the dock at the mooring pylons and tapering to approximately 6" at 15' past the last mooring pylon. My calculations are that we will be removing approximately 289 cubic yards of sandy substrate. As you can see by denotations on the plat we have two areas of disposal designated at the site. I'm fairly certain that both areas are behind wetlands delineation lines but just in case the first choice is to close I am sure that the second choice is . Of course I will rely on your expertise to confirm. The primary purpose of the proposed dredging is simply to have adequate depth for boats to be moored at low tide. As you can see according to the cross section that depths at low tide are pretty slim. Water heights in that creek vary 2.5' to 3' between low and high tides. Please feel free to call my office at the number listed above if there is any more information required or if I can assist in any way. Sincerely, /C�aye - S Redden B. liranuler cc; Rita Davis Quadrant Property Management Hwy. 58 Emerald Isle, NC 28594 I R Z 309 821 814 US Postal Service - Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See reverse to S o's street & Number 19 W. 14�16 PQ Post Olfiro, Sete, & ZIP Code acy C atss a Postage 1 Certified Fee Spatial Deli veryRecei 78etu_ded howng tom & Date 'v Return Recaps Date, & Addressee's Mdr Se+C' TOTAL Postage & Fees $ Postmark or Date Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt anached, and present the article at a post office service window or hand it to your rural carver (no extra charge). 2. It you do not want this receipt postmarked, slick the gummed stub to the right of the return address of the article, date, detachand retain the receipt, and mail the adicte. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and anach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of artice. Endorse front of article' RETURN RECEIPT REQUESTED adjacent to the number. m m Q N m rn Q Q 4. It you want delivery restricted to the addressee, or to an authorized agent of the IO addressee, endorse RESTRICTED DELIVERY on the front of the article. ddo 5. Enter fees for the services requested in the appropriate spaces on the from of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. l0 6. Save this receipt and present I if you make an inquiry. 192595-97-B-0145 d Z 309 821 815 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Street & Number 2z�+- pct. Post Olfice Slate, A ZIP Code zaksI Poster $ /, o Certified Fee A D Special Del 91998 howPYp ro ;Fad D TOTAL Poslege 8 Fees f 3. � (� Postmark or Date Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand 8 to your rural canter (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of th% z return address of the article, date, detach, and retain the receipt, and mail the article. 3. H you want a return receipt, write the certNied mail number and your name and addres N Co on a return receipt card, Fonn 3811, and attach H to the front of the article by means of th, gummed ends if space permits. Otherwise, affix to back of article. Endorse front of air y RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee, endorse RESTRICTED DELIVERY on the front of the aside. 00 t7 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt If return receipt is requested, check the applicable blocks in ilem 1 of Form 3811. 0` LL 6. Save this receipt and present it if you make an inquiry. 102595-97-8-0145 d e BOOK 2319 PAGE 0176 '98 FEB 27 PM 3 51 RECORDED A VERIFIED MARY W COTS P.E@I M OF DEEDS 11E%i RANOVER CO. NO Excise Tnx149-� Recording Time, seek and TaxLot No........................................................................................... Parcel Identifier No. ............................. Verifiedby....................................................................... County on the ................ day of ......................................................... 19............ by.............................................................................................................................................................................................................................. Mail after recording to ................................................. 19.1.8..rnoll.taxad.. Dr.r...Willll:(yAsOns...NC.....29.AW................................................................................ This instrument was prepared by Douglas.A....Foxp..Attorneya..k!O..zQx...',179.r...W TI!11I39tonr..NC..._28402..! ................... Brief description for the Index Lot 17-E Parmola Isles Ext., Sec. NORTH rt CAROLrINA GENERAL WARRANTY DEED THIS DEED made this ..A.9..... day of ... r�12................................. ............. 1 1996........ by and between GRANTOR I GRANTEE (As Heir [hider the Estate of Myrtle McGee Garner) 95 E 840 000270 T13B9l,S P. MAY, JR. and wife, SAN= GARNER MAY Enter In appropriate block for each party: name, address, and, If appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in theAStt�tof_WrightsvilleBe?C?%............................................................... Township, ............... .New-Ha^^vo*........ County, North Carolina and more particularly described as follows: BEING all of Lot 17—E of Parmele Isles Extension, Section A, as shown on the plat recorded in Map Book 7 at Page 20 of the New Hanover County Registry. d-P3 3 16—?p f Lt.l I.. �4h-, QACA1 —11II-Y 7/13 3 z6si8 BOOK PACE 2319 0176 The property hereinabove described was acquired by Grantor by instrument recorded in ..........tt1e..Neta.Banovar•• Oowlty..Regi6try.••• •••....•..•••.•.•...•.• A map showing the above described property is recorded in Plat Book ............... I ................ .. page..... 20............... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; the provisions of all applicable restrictive Covenants and utility easements of record, if any; and 1998 ad valorem taxes. IN WITNESS WHEREOF, Me Grantor me hereunto set Ise hand and Beal, or It corporate. ban tamed this Instrument to be signed In Its eotpo U name ul by Its day authoeleed Officer. and Its seal to be hereunto sfHor =ed by authority of irs Bed of Directors, the day and year first .hove wnnen. ---- Q� u ✓ 't- tsuLl (� ---------------------------- - (Corpomfe Name) ,i SAM GAPDW MAY iE ____________________________President .. . `• ATTEST:, . secretary (corporate Seal) Lam\ NORTH CAROLINA. NfW-_¢!Y_ :O_[_V__________ County • y 1. a Hersey Public of the County mod state aforeeald, ..sill that_Shcldrd_Garner_Alay_______________ $) y______________________________________________________________________________________ _ Grantor, Z � personally appeased before me Nis day and ucYvowledgled, the e=eeolloo or Me foregoing loatmmepnL Wlt¢en ray by �LBL7� bond and officialstamp or mc..4 thle a-7___ day of GCL1..______________________________ 112E my commission a=vlre.:lli /d00/ -------------y4- .O%QPf Noon public SEALSTANP NORTH CAROLINAr -Coast,. 1, a Notary Public of the County and State aforesaid, certify that -. y personally came before me thlm day and acknowledged that ____ he Is Secretary of _______________________________________________________ a North Carolina corporation, and teat by amM-rlty only given and as the act of the corporation, the foregoing Instrument was signed In Its name by Has President, vealed with He corporate seal and attested by ----------- as lie --------------------------- Secretary. Witnessmy hand and official stoop or seal, this _______dy of Dry commission ..piece: is_______.. Notary Public Thyroreroing Cmtiflcate(s) or _______________ _-_ _-_- _ '-_____'________ __________--________-___-_-_-_____- _T______________ --------------------•--------1� -1R �� 1�, Pt�bpC u/are certified to be cornet. This Instrument and Me certificate are duty registered st the date and time and In the Book and Page Shawn an the fuel pqe hereof. OF DEEDS run ------- NER-HUMM------------ CODNIR By N.r.. liar Assoc. Form No, 3 0 1979, Revised 1911. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Dunescape Villas Condominiums HOA 2. LOCATION OF PROJECT SITE: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Photo Index - 1995: 40-492 (indexed by N,O,P-19) 1989: 3 158 8 (indexed by N,O-10) State Plane Coordinates - X: 2,669,700 Y: 353,400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 24, 1998 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - April 28, 1998 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Wastewater treatment plant Planned - None (F) Type of Structures: Existing - Wastewater treatment plant, parking lot, boat storage area and 10-slip residential dock (sound side), multi -building condominium complex (ocean side). Planned -None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFT)C,F.T) PUT .FT) 0TNFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Open waters of Hoop Pole Creek 8,000 ff (C) Other High Ground 5,500 ftz (D) Total Area Disturbed: 13,500 ftZ (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate within the "footprint" of an existing 10- slip dock. FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMP41UM HOA/CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Dunescape Villas is a multi -building condominium complex located adjacent to the Atlantic Ocean on Salter Path Road (NC 58) in Atlantic Beach, Carteret County. The Homeowner's Association owns a 5-acre tract of land across NC 58 adjacent to an embayment off Hoop Pole Creek. The wastewater treatment Plant for the condominium complex is located on this parcel along with a graveled parking lot and fenced -in boat storage area. A 10-slip dock for small craft (less than 24') was recently permitted and constructed at the site. A wooded area buffers the sides and sound side of the plant, parking lot and storage area. The tract grades down to an extensive black needlerush Juncus roemerianus) and smooth cordgrass (Soartina alterniflora) marsh. Immediately to the east is the Bogue Shores Motel and Condominium complex, while immediately to the west is a 90+ unit mobile home park. Hoop Pole Creek is a shallow system with water depths averaging -4.5' to -5' below MLW..Water depth within the 10 terminal slips is between -4' and -4.5'. Aerial photographs indicate the presences of an "unpermitted" shallow channel leading from Bogue Sound into the embayment. The channel does not lead to the applicant's dock. Hoop Pole Creek is classified as SA waters. It is not a designated Primary Nursery Area and is closed to shell fishing. The applicant states that there are no shellfish resources nor SAVs in the area to be excavated. Neither were noted during the site visit, however turbid water conditions hampered such determinations. Project Description The applicant proposes to excavate a "basin area" within the 10 terminal boat slips of an existing 10-slip dock. The area to be excavated measures 160' X 50' X -1.5'. (There is a slight difference between the application and the plat). The applicant proposes to use a barge - driven clamshell type excavator. The material from the barge would be off loaded at an adjacent ramp and trucked to the spoil site. The applicant offers two choices for spoil disposal. Site # 2 (labeled secondary site on plat) is the most logical. The area is a graveled area and is far removed from the wetlands and marsh. The applicant first choice is located waterward of the sewage treatment plant and appears to infringe on the adjacent wetlands (although not delineated). The spoil area (again site # 2) measures 110' X 50'. Anticipated Impacts The excavation activities would directly impact 8,000 ff of not only public trust areas but also shallow estuarine bottom habitat. Approximately 440 yds3 of bottom substrate would m FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #3 be removed during excavation. It also appears that the project would create an open water "basin" that is a foot deeper than the controlling water depths adjacent to the project. Potential for deteriorating water quality exist with such scenarios. Such situations also frequently lead to unauthorized channels being kicked in order to connect the two "deeper" waters. At this time, it is also difficult to assess any potential impact to shellfish and SAVS since the water conditions during the site visit were so turbid. Additional investigations should be made before a formal decision is made. M. Ted Tyndall - Morehead City Office - May 13, 1998 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. C�,•i�tyyr town, community or landmark 1. APPLICANT }luvr�ic &v.Lb% r a. Landowner. c,yc ei.C(`to;.. Name 'Ovne+,cej. e kfAIt en oh l Min UMS Address 6- l4e✓ ph-FI,% U. City 441-%y% it &Afl State AJC Zip Zg°7t-L Day Phone Gil a-ZyT--�4ao Fax C1161--ici`l-34( 0 b. Authorized Agent: Name Q��,�✓c�v+-f' �,nt. Address i q Q (o C y,e,,rc,1 eR l%r CityC--t'e,✓c'ld State iL)C Zip 7',591 Day Phone 161-397q-b331 Fax �1lct-3c;`i--;-450 C. Project name (if any) Q i n P 4 t c ae V i (1,,, c, nlvr N07E. Perna will be issued in name of lands er(s), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. County C6w4CV-e+ c. feet addres�o�� pdary road number a 14er o. , U d. Is proposed work within city limits or planning jurisdiction? -,� yes No e. Name of body of water ngest project (e.g. river, creek, sound, bay) �o o YcIP &,,,. gcgve 40�-'Vj 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and xcavation and/or filling activities. O'4fr v b. Is the proposed activity maintenance of an existing project, new work, or both? wr,4%4e...t_,, tP 6,f ay. e)6a%i�,q f" jeet c. Will the proj2he for public, private or commercial use? j, ✓P ,iye d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more spa isjeeded, please attach yA(9f additional pages. `� °ax-`% 4 �,. yl�dl or:,/a 7e D:Y✓ �v,rzc, tii' � G✓rvP- �" iv. 1. ✓ cc a Qc, Z�I1e!nr't�+ 1�sc Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ± r7 acre S b. Size of individual lot(s) I-► lei c. Approximate elevation of tract above MHW or NWL 4 or — 1 `(o 4 C,6,je A l4k.) d. Soil type(s) and texture(s)tof tract ��M r'ICAr",ku h.�bii`tVWtP e. Vegetation on tract 1Muv-,cj4,, ve$e+e-+;y&-n f. Man-made features now on tract P; e� i Ina f in. n. Ell Describe existing astew ter treatment facilities. vel—Aw,o.., * Describe location and type of discharges to waters of the st4ite. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.)o we Describe a��7t�fisting drinking wafer supply source. dcJeb, 4et., boy + AJ%p4 „�jK, S. ADDITIONAL INFORMATION tJ.'ru2 0 g. What is the CAMA Land Use Plan land classificationaddition to the completed application form, the of the site. (Consuh the kwl !md we ptm.) following items must be submitted: Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? ' i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Amch zoning compliance certificate, ijappGcvbk) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No 1. Are there wetlands on the site? ✓ Yes _ No Coastal (marsh) V Other If yes, has a delineation been conducted? (Aaach documentation, ifavauable) • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims tide, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. n�ti • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name 6D ✓e 6�o,reh 444P O 4 Gov, o Address . Act Le, &'.. A46vk;r 6d&,LIA Phone °IIc1- g2-b-'0*I I Name ( V-0CL 6LV% K2:, 4-v A'llo0e 4pno Pc, 4 c.te4 Address ZZOO We,,+FF.We-tcv. o,,,O'� Phone ollcl-Zb- 4: 12. Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. C l4 m)4 P"vv. i + -4k ° A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. s1 �h • A signed AEC hazard notice for projects in oceanfront and inlet areas. P,JA • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. 'Ile 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 approved Coastal Management Program and will be conducted in a manner consistent with such program. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the --� 941' day of a 4 ti 19 4g Print Name RIB C. DIAV IS Signature -0 L=Agwr or Ainhorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete. all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (N)WL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average F-mat Ustirtg Project Length Width Death rb...t. M dAi.4 \ 6, 1 svl• L{.H)• uFPrag. lri®` yo, 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards _2•8 g cv, fi e,• b. Type of material to be excavated p c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic ve etation (SAVs) or other wetlands? _ _ yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Dat-. W i W h Cn"ref. � Re" E'+k 1ptl� z1(2 �. eq b. Dimensions of disposal area �i0 K ye' X'70, &'Al 1'rg c. Do yqu claim title to disposal area? 1 Yes --No If no, attach a letter granting permission from the. owner. d. Will a disposal area maintenance? ✓ yes If yes, where? be available for future No tevised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _ /V No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ^/// q Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL . d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill -� h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be rought to site? Yes No If yes, (1) Amount of material to be placed in the water o (2) Dimensions of fill area — (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or otljer wetlands? Yes No If yes, f (1) Dimensions of fill area -� o„ f len (2) Purpose of fill --- C' 5. GENERAL a. How will excavated or fill material be kept on site apd erosion Controlled? o P "hcn it�S�P__�Q W[ .JgL?sn b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 1�II&r1,[l(,'P CIawts�ell c. Will wetlands be cr3ssed in transporting equipment to project site? —v—" Yes No If yes, explain steps that will be take to lessen e vironmental impacts. ccAzy,% + ,, 0 ko e,+ C e Pr h Q4- c,l;o i Applicant or PrroojjectAame SigUture l-Dg is, Date Revised 03/95 f DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dunescape Villas Condominiums HOA 2. LOCATION OF PROJECT SITE: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Photo Index - 1995: 40-492 (indexed by N,O,P-19) 1989: 3 158 8 (indexed by N,O-10) State Plane Coordinates - X: 2,669,700 Y: 353,400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 24, 1998 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - April 28, 1998 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES (C) -Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Wastewater treatment plant Planned - None (F) Type of Structures: Existing - Wastewater treatment plant, parking lot, boat storage area and 10-slip residential dock (sound side), multi -building condominium complex (ocean side). Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Open waters of Hoop Pole Creek 8,000 fe (C) Other High Ground 5,500 fO (D) Total Area Disturbed: 13,500 fe (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate within the "footprint" of an existing 10- slip dock. FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Dunescape Villas is a multi -building condominium complex located adjacent to the Atlantic Ocean on Salter Path Road (NC 58) in Atlantic Beach, Carteret County. The Homeowner's Association owns a 5-acre tract of land across NC 58 adjacent to an embayment off Hoop Pole Creek. The wastewater treatment Plant for the condominium complex is located on this parcel along with a graveled parking lot and fenced -in boat storage area. A 10-slip dock for small craft (less than 24') was recently permitted and constructed at the site. A wooded area buffers the sides and sound side of the plant, parking lot and storage area. The tract grades down to an extensive black needlerush Juncus roemeriarm ) and smooth cordgrass (Soartina altemiflora) marsh. Immediately to the east is the Bogue Shores Motel and Condominium complex, while immediately to the west is a 90+ unit mobile home park. Hoop Pole Creek is a shallow system with water depths averaging -4.5' to -5' below MLW. Water depth within the 10 terminal slips is between 4 and -4.5'. Aerial photographs indicate the presences of an "unpermitted" shallow channel leading from Bogue Sound into the embayment. The channel does not lead to the applicant's dock. Hoop Pole Creek is classified as SA waters. It is not a designated Primary Nursery Area and is closed to shell fishing. The applicant states that there are no shellfish resources nor SAVs in the area to be excavated. Neither were noted during the site visit, however turbid water conditions hampered such determinations. Project Description The applicant proposes to excavate a "basin area" within the 10 terminal boat slips of an existing 10-slip dock. The area to be excavated measures 160' X 50' X -1.5'. (There is a slight difference between the application and the plat). The applicant proposes to use a barge - driven clamshell type excavator. The material from the barge would be off loaded at an adjacent ramp and trucked to the spoil site. The applicant offers two choices for spoil disposal. Site # 2 (labeled secondary site on plat) is the most logical. The area is a graveled area and is far removed from the wetlands and marsh. The applicant first choice is located waterward of the sewage treatment plant and appears to infringe on the adjacent wetlands (although not delineated). The spoil area (again site # 2) measures 110' X 50'. Anticipated Impacts The excavation activities would directly impact 8,000 ff of not only public trust areas but also shallow estuarine bottom habitat. Approximately 440 yde of bottom substrate would FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #3 be removed during excavation. It also appears that the project would create an open water "basin" that is a foot deeper than the controlling water depths adjacent to the project. Potential for deteriorating water quality exist with such scenarios. Such situations also frequently lead to unauthorized channels being kicked in order to connect the two "deeper" waters. At this time, it is also difficult to assess any potential impact to shellfish and SAVS since the water conditions during the site visit were so turbid. Additional investigations should be made before a formal decision is made. M. Ted Tyndall - Morehead City Office - May 13, 1998 i ` Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. Cittyy town, co unity or landmark 1. APPLICANT #i F�c,/ni is ISpv,�l. a. Landowner: Sti c e ; n.%� c,-. NameDUne+ice:R \fAWn „�wc Address 4 o. 14 e,r Pc,,+ , U- City 44 t %✓%4 ; t � e,(, State IJ ( Zip Z9C71Z. Day Phone CiICA-7dT--�4PO Fax C1IG1- 3 t'i `I-'i3-50 b. Authorized Agent: Name Q,)tisv-n,O+ �✓�C. Address i10(a E,a.,Qrc,.ILQ �'>y-. City C-VLe,�-ald HIP State N( Zip Z$eiq� Day Phone gIC4- ESL( - b331 Fax Cllq-',SLI-Z,-t"iO c. Project name (if any) Qo Ae S C c,.n.P V ; 11 c, t-, NOTE. Permit %Q be issued in mme of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Cae-lCre+ c. Street addres or seco da road number d. Is proposed work within city limits or planning jurisdiction? _�� Yes No e. Name of body of water nrrest}project (e.g. river, creek, sound, bay)}w.o Yeoii" (NPPIL Doy�e `�ovr.cQ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and zcavation and/or filling activities. �jcca If 9 b. Is the proposed activity maintenance of an existing project, new work, or both? ram'.; V�alA"o ir( LCN BX1,641 1q OYG�E'L� C. Will the projeC,bet for public, private or commercial use? _9riVc,4e ✓,e d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more sparre isyeeded, please attach �d' additional pages. #1419$ rI %/ e Revised 03/95 Form DCM-MP-1 ;-NIA ,�I1 •. M CHARACTERISTICS a. Size of entire tract 7, ac re 4, b. Size of individual lot(s) kt1N c. Approximate elevation of tract above MHW or NWL 4 o ✓ — I `�o o+ e.6cve W144tJ d. Soil type(s) and texture(s) of tract e. Vegetation on tract OfLv,dt, vet, f. Man-made features now on tract P. ev -1tw1+ in. Dy�escribe existing astew�}p7t-er treatment facilities. tl wtnh+e n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) OD vie o. Describe a isting drinking wa er supply source. �c.yy e. 17iee i.l-. I= Gtccc,,.od" et-,4ei,boe,.'{-t,i;n"ADDITIONAL INFORMATION �rc1z2 0 g. What is the CAMA Land Use Plan land In addition to the completed application form the classification of the site? (Consult the local land use plat.) following items must be submitted:: Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government?' i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Attach zoning rompUance certificate, ifappGenbk) Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes ✓ No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No 1. Are there wetlands on the site? ✓ Yes _ No Coastal (marsh) -.L Other if yes, has a delineation been conducted? (Mach documentation, if availabk) • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by II" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Re.i�d mtns Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. ^lei • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name 6D Ue �LOV-eh �c-fe.t ' (0140 Address •►d4&to, &'. 14Havd-ic heac.k Phone cllq-'42lo- :TD7-1 Name 94oh?fie I�own�,kSa�er Address ZZOO t Jehf E1. Y► e-Cc , octir0 Phone Cllc(- *716- 4:4-172- Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. , L P ° A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. v. I r� • A signed AEC hazard notice for projects in oceanfront and inlet areas. v.lc-- • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained is the permit. I certify that to the best of my knowledge, the proposed activity. complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the --'� q' day of Ekk,', , 191 . Print Name, RImil L. DA0 LS Signature Lmwo"r or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete. all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Average Final EAsting Project Length Width Depth Depth M,tf-t.J. b` W. ... ` -s .". I. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards '_ «• ti.S. b. Type of material to be excavated LilAn iX %�✓�'J 5-f"rc 4,P c. Does, the area to be excavated include coastal wetlands (marsh), submerged aquatic've etation (SAVs) or other wetlands? _ . _ Yes Z No d. Highground excavation in cubic yards s-, 0"e 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Datr. LJ � 11117 Cc v.4. e,— Prn. k 011 Ct — Z Li 7, / b. Dimensions of disposs Oir x ttot CbtolC'e yo, x '-o' c. Do claim title to disposal area? yV Yes __ No If no, attach a letter granting permission from the owner. El Will a disposal area maintenance? ✓ Yes If yes, where? be available for future No Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes V No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization /V/`.q Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL . d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap `�— (2) Bulkhead backfill -� h. Type of fill material i. Source of fill material 4. OTHER FTLL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be rought to site? Yes No If yes, (1) Amount of material to be placed in the water ...n 14 (2) Dimensions of fill area — (3) Purpose of fill — b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area -� (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site d ero ion ontrolled9 _ o P )e .I 9( e lop b. What type of construction equipment will be used (for example, dragline, backhoe,. or hydraulic dredge)?✓hl1L �P dawn-'Aell c. Will wetlands be cr3ssed in transporting equipment to project site? —v' Yes No If yes, explain steps that will be taken to lessen e virontnental impacts. u ti i `� . - Z bcz& i Applicant or Project ame Sig Lure /-0° i8 Date Revised 03195 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dunescape Villas Condominiums HOA 2. LOCATION OF PROJECT SITE: Carteret County, Town of Atlantic Beach, off Salter Path Road, adjacent Hoop Pole Creek Photo Index - 1995: 40-492 (indexed by N,O,P-19) 1989: 3 158 8 (indexed by N,O-10) State Plane Coordinates- X: 2,669,700 Y: 353,400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 24, 1998 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - April 28, 1998 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Wastewater treatment plant Planned - None (F) Type of Structures: Existing - Wastewater treatment plant, parking lot, boat storage area and 10-slip residential dock (sound side), multi -building condominium complex (ocean side). Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 91 HABITAT DESCRIPTION: [AREA] DRF,DGFD FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Open waters of Hoop Pole Creek 8,000 fe (C) Other High Ground 5,500 ff (D) Total Area Disturbed: 13,500 fly (E) Primary Nursery Area: No (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant proposes to excavate within the "footprint" of an existing 10- slip dock. FIELD INVESTIGATION REPORT:' DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Dunescape Villas is a multi -building condominium complex located adjacent to the Atlantic Ocean on Salter Path Road (NC 58) in Atlantic Beach, Carteret County. The Homeowner's Association owns a 5-acre tract of land across NC 58 adjacent to an embayment off Hoop Pole Creek. The wastewater treatment Plant for the condominium complex is located on this parcel along with a graveled parking lot and fenced -in boat storage area. A 10-slip dock for small craft (less than 24") was recently permitted and constructed at the site. A wooded area buffers the sides and sound side of the plant, parking lot and storage area. The tract grades down to an extensive black needlerush Juncus roemerianus) and smooth cordgrass (SSpartina altemiflora) marsh. Immediately to the east is the Bogue Shores Motel and Condominium complex, while immediately to the west is a 90+ unit mobile home park. Hoop Pole Creek is a shallow system with water depths averaging -4.5' to -5' below MLW. Water depth within the 10'terminal slips is between 4and -4.5'. Aerial photographs indicate the presences of an "unperm fitted shallow channel leading from Bogue Sound into the embayment. The channel does not lead to the applicant's dock. Hoop Pole Creek is classified as SA waters. It is not a designated Primary Nursery Area and is closed to shell fishing. The applicant states that there are no shellfish resources nor SAVs in the area to be excavated. Neither were noted during the site visit, however turbid water conditions hampered such determinations. s Project- Description The applicant proposes to excavate a "basin area" within the 10 terminal boat slips of an existing 10-slip dock. The area tb be excavated measures 160' X 50' X -1.5'. (There is a slight difference between the application and the plat). The applicant proposes to use a barge - driven clamshell type excavator. The material from the barge would be off loaded at an adjacent ramp and trucked to. -the spoil site. The applicant offers two choices for spoil disposal. Site # 2 (labeled secondary site on plat) is the most logical. The area is a graveled area and is far removed from the wetlands and marsh. The applicant first choice is located waterward of the sewage treatment plant and appears to infringe on the adjacent wetlands (although not delineated). The spoil area (again site # 2) measures 110' X 50'. Anticipated Impacts The excavation activities would directly impact 8,000 ff of not only public trust areas but also shallow estuarine bottom habitat. Approximately 440 yds3 of bottom substrate would FIELD INVESTIGATION REPORT: DUNESCAPE VILLAS CONDOMINIUM HOA/CARTERET COUNTY PAGE #3 be removed during excavation. It also appears that the project would create an open water "basin" that is a foot deeper than the controlling water depths adjacent to the project. Potential for deteriorating water quality exist with such scenarios. Such situations also frequently lead to unauthorized channels being kicked in order to connect the two "deeper" waters. At this time, it is also difficult to assess any potential impact to shellfish and SAVS since the water conditions during the site visit were so turbid. Additional investigations should be made before a formal decision is made. M. Ted Tyndall - Morehead City Office - May 13, 1998 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. C��itt�y town, co unity of landmark JI i �c M - IiPe,,,T 1. APPLICANT a. LandownerA 0W%e ownerh A �4o c i a �� or• Nameac!neyCe,R VlAc,, lorc�.�in:✓wS Address 4 , 14e✓ P,,At. � �• City 441,a^4, &Aj, State IiC Zip Z Q r-,7 l Z Day Phone Ct l ct - 7 q a - 1400 Fax rl Icl- 3 ci `i- 3-+q0 b. Authorized Agent: Name Q✓�✓ter f �✓si . Address ICl0(a Co,,2v-ed9 t>vr. City C-me.✓'Md ILAP State (JC Zip Z4t:5 Day Phone ctlCt- V3LI-6331 Fax C1A-7)5N-77-450 c. Project name (if any) f i v✓ 1 NOTE. Permit will be issued in name of landoxvur(s), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Cctv'TCV•e+ Revised 03/95 c. Street addres or secopdary road number d. Is proposed work within city limits or planning jurisdiction? _�� Yes No e. Name of body of water nest project (e.g. river, creek, sound, bay)+(aoo Ycl/e Crp., aoy✓e `�ovhd[ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and xcavation and/or filling activities. a eA,t,4 � Die.e- r Zoq? b. Is the proposed activity maintenance of an existing project, new work, or both? rNa;V%'k6 naa ha aV\ ex-I'4i. 1 c. Will the project be for public, private or commercial use?Ir;yI a�e ✓yP d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more spa is ceded, please attach $ additional pages.,e &x.,,4i .. �I2dl or:�/Lu7C D;P✓ cnr a c4 �.. G✓rv>e� FEB 0 210198 l� I co`= ' Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract — q! acre S b. Size of individual lot(s) h Jet c. Approximate elevation of tract above MHW or NWL_4 ova e.60ve YY 44u_) d. Soil type(s) and texture(s) of tract y1'1 avh �v h .� b 6'I-rcrrf•P e. Vegetation on tract Plav%eti, ver, e1Kj ;ct n f. Man-made features now on tract P. e_ '_ Ne,+ m. Describe existing astew13ter treatment facilities. Fla,.,+ estto.`l c, Ong-oo2=13T f n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Oome o. Describe a fisting drinking wager supply source. �r~w� C ULOodGaieLr 'lei. 6-ot,,+ til;n u 1ct,e 5. ADDITIONAL INFORMATION '(wz2 100 g. What is the CAMA Land Use Plan land application form the In addition to the completed a classification of the site? (C ,wutt the local lane use plan.) p following items must be submitted: V Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government?' ' v', v l+i — Fc w : I ..t i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Attach Zoning coMiiance certificate, if applicable) Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes _\,-' No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No Are there wetlands on the site? ✓ Yes _ No Coastal (marsh) V_ Other If yes, has a delineation been conducted? (Mach doevnrntation, if available) • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on' an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed -description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of .quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Y Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. nloi • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that (such notice has been provided. Name 40 Je '7hofeh tKoTe� Cot�dO Address 2k, A+tavrkc Phone °Molt- g2-lo-'qo*l I Name Croc.-1 ay. F-�.,,ITv 94o� de I-tonT-1, t t.194 Address ZZOt) I.JC�f �1. ►M11rrGcv� o1"o Phone 0110- *ZiD- 4? 12 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. r` 1,�, • A signed AEC hazard notice for 'projects in oceanfront and inlet areas. v.JG<<• A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to s 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained is the permit. I certify that to the best of my knowledge, the proposed activity. complies with the State of North Carolina's approved Coastal Management Program and will be conducted ina manner consistent with such program. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the --� q41' day of C n- , 19 i . Print Name, R/� L.tau IS Signature 7 , 211 zzl t r or Aruhorized Agent Please indicate attachments pertaining to your proposed project.. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. FEB 0 2 119934Ls li Revised 03/95 .,Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete. all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Eustiag Project Length Width Moth Denth M.d.t.J. X. 15Q' q& �_... .�' 7sl�K- 53��i. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards Z'SI cv. :1 S, b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes No d. Highground excavation in cubic yards Y. o"e 2. DISPOSAL OF EXCAVATED MATERIAL a. Lgcation of disposal area Dc't_ Lid � 1h y b. Dimensions of disposal. a,fea ; 0 K t t 0 GLto1C� c. Do Y9u claim title to disposal area? V Yes No If no, attach a letter granting permission from the owner. H Will a disposal area maintenance? ✓ Yes If yes, where? be available for future No FEB 0 , Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water ,..a , @ (2) Dimensions of fill area — f. Does the disposal include any area in the water? Yes ✓ No (3) Purpose of fill -- 3. SHORELINE STABILIZATION a. Type of shoreline stabilization lVliq Bulkhead Riprap b. Length --� c. Average distance waterward of MHW or NWL . d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of informanon) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill -� h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be rought to site? Yes No b. Will fill material be placed in coastal wetlands (marsh), SAVs or otj}er wetlands? Yes No If yes, (1) Dimensions of fill area o 14, (2) Purpose of fill r 5. GENERAL a. How will excavated or fill material be kept on site dIero ion FFontrof�lled? _ r101P ip bP A)r YH f 5cP b wi ey b. What type of construction equipment_will be used (for example, dragline, backhoe, or hydraulic dredge)? I�I.j�Qrc,.�iG ,P claw s6il c. Will wetlands be cr3ssed in transporting equipment to project site? V-' Yes No If yes, explain steps that will be take} to lessen egqvironmental impacts, ocA%v. 6VIL Io (ne �,,t a A'r car ` Jt I A 1,<_ta_(Ze. Applicant or Project%flame Z�ek epy f a v+` SkUture Date Revised 03195 �„ �w 010 90 116 •-low Ir`�M1 iAi 1 r. c. u is c. l� <. �� r- ��\s��