HomeMy WebLinkAboutDEN-Dunescape Villas Condos HOAUnited States Postal Service
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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
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back if space does not permit.
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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
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Post Olfiro, Sete, & ZIP Code
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Postage
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howng tom & Date 'v
Return Recaps
Date, & Addressee's Mdr
Se+C'
TOTAL Postage & Fees
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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
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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
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RETURN RECEIPT REQUESTED adjacent to the number.
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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
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US Postal Service
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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
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2. If you do not want this receipt postmarked, stick the gummed stub to the right of th%
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3. H you want a return receipt, write the certNied mail number and your name and addres
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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
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