HomeMy WebLinkAbout156-03 Sutton, John & Cooke, Stewart Permit Class Permit Number
NEW 156-03
STATE OF NORTH CAROLINA
Department of Environment and Nat esouurr
and
Coastal Resources Co s o
RECEIVED
t !
NOV n 6 2003 ermt r
for
AV•0"0 RAW G Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to John V. Sutton and Stewart F. Cooke, 20 East 2nd Street, Ocean Isle, NC 28469
Authorizing development in Brunswick County at Atlantic Ocean,Lockwood Folly Inlet and
Eastern channel, King's Lynn Drive, Town of Oak Island, as requested in the permittee's application dated 6/6/03.
incl. att wrkpin dwgs (6),2 dated 8/4/03, 2 dated 8/6/03,2 dated received 6/9/03 and AEC Hazard Notice dated 7/31/03.
This permit, issued on notaher 29,2003 , is subject to compliance with the application(where consistent
with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines,imprisonment or civil action; or may cause the permit to be null and void.
Subdivision Development
1) This permit authorizes only the land disturbing activities associated with establishment of The Point
subdivision at the end of Kings Lynn Drive and only includes the construction of the private road,
extension of the existing potable waterline, and the construction of sewer supply lines and six individual
drain fields, all as expressly and specifically set forth in the permit application and as depicted on the
attached workplan drawings. Any additional land disturbing activities and/or construction on individual
lots, including the construction of single-family homes, shall be evaluated on a case-by-case basis by a
representative of the Division of Coastal Management to determine additional permit requirements.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. V H
Any maintenance work or project modification not covered
Donna D. Moffitt,Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
John V. Sutton and Stewart F. Cooke Permit# 156-03
Page 2 of 4
ADDITIONAL CONDITIONS
NOTE: The proposed area of development is in an inlet hazard area that is especially vulnerable to
erosion, flooding and other adverse effects of sand, wind and water. Past history has shown that
the area has been severely affected by flooding during strong winds and exceptionally high tides.
It is also very possible that the inlet will continue to migrate back and forth over time, and may
lead to severe erosion of permittee's property. The permittee is strongly encouraged to notify all
future property owners, both in writing and by way of statements permanently attached to all
deeds, of the erosional hazards associated with building within an active inlet hazard area.
2) In accordance with CAMA and the Rules of the Coastal Resources Commission, no seawall or riprap
revetments will be allowed in the future should any structure become threatened from erosion.
3) No excavated or fill material will be placed at any time in any vegetated wetlands or open water areas.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management must stake the first line of stable, natural vegetation and the small and large
structure setbacks. These setbacks determinations shall replace those done at the time the permit was
processed and approved and construction must begin within a period of 60 days from the date of that
meeting. In the case of a major shoreline change within that period a new setback determination will be
required before construction begins. Upon completion of the measurement, the permitting authority will
issue a written statement to the permittee certifying the same.
61 All portions of the roadway must meet the large structure setback at the time of construction.
7) The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the
integrity of the permitted structures. The permittee shall contact the Division of Coastal Management or
its agent for permit determination if such damage occurs.
8) Dune disturbances shall be allowed only to the extent necessary for development and if the dune's
protective value is not weakened or reduced. Disturbed areas will be immediately stabilized
vegetatively. No development shall involve any impacts to the primary or frontal dune sand or
vegetation thereon.
9) In accordance with 15A NCAC 7H.0306(c), no direct or indirect public funds shall be utilized for the
proposed project. This prohibition includes expenditures for construction and perpetual maintenance of
roads, water lines, sewer lines and associated facilities. Costs incurred to maintain all roads and utilities
shall be the responsibility of the developers and/or The Point subdivision property owners.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension,Wilmington, NC 28405.
r
John V. Sutton and Stewart F. Cooke Permit# 156-03
Page 3 of 4
ADDITIONAL CONDITIONS
10) In order to protect water quality, runoff from construction must not visibly increase the;amount of
suspended sediments in adjacent waters.
11) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to i
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
Stormwater Management
12) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8030607 on 10/20/03. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
General
13) In accordance with 7H.0306(l), the authorized structures shall be relocated or dismantled when they
become imminently threatened by changes in shoreline configuration. The structures shall be relocated
or dismantled within two years of the time when it becomes imminently threatened, and in any case
upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes
place within two years of the time the structures become imminently threatened, so that the structures
are no longer imminently threatened, then they need not be relocated or dismantled at that time. This
condition shall not affect the permit holder's right to seek authorization of temporary protective
measures allowed under Rule T15A:07H.0308(a)(2).
14) In accordance with commitments made by the permittee and as depicted on the attached workplan
drawings, the permittee shall donate the 17.70 acres to the Town of Oak Island prior to construction
activities.
NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive
requirements than the Division's standards for development of Areas of Environmental Concern
(AECs).
NOTE: The permittee is advised to contact the local health department regarding requirements for septic
tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning
septic tank and other on-site waste disposal methods, contact the Brunswick County Health
Department.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 395-3900 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 031036), which was issued on 8/25/03.
i
F
hn V. Sutton and Stewart F. Cooke Permit# 156-03
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200301177.
QF�� FILE COPY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 30,2003
John V. Sutton&Stewart F.Cooke
20 East Second Street
Ocean Isle,NC 28469
Dear Mr. Sutton&Mr.Cooke:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Stewart Cooke & John Sutton - The Point subdivision
2. LOCATION OF PROJECT SITE: west end of Kings Lynn Drive, adjacent to the Atlantic Ocean
and the Lockwood Folly Inlet, in the Town of Oak Island, in Brunswick County.
Photo Index - 2000: 8-67: U-X 7-11 1995: 4-42: T-X 19-22 1989: 184-25: B-E 9-13
1978: 3-315: F-I 13-17
State Plane Coordinates - X: 2232845 Y: 61088 Rover file - S071716A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/17/03
Was Applicant Present - Yes (Agent)
5. PROCESSING PROCEDURE: Application Received - 8/14/03
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Oak Island
Land Classification From LUP - Conservation
(B) AEC(s) Involved: OH
Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Individual septic tank systems
(F) Type of Structures: Existing - None
Planned - Private access road, community waterline (6"), six residential lots.
(G) Estimated Annual Rate of Erosion: 2 ft./yr.
Source - 1992 LTAASCR
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C)Other 39,504 sq.ft.
Highground disturbance
(D) Total Area Disturbed: 39,504 sq.ft.
(E) Primary Nursery Area: NO
(F) Water Classification: Lockwood Folly Sound - SA Open: YES Atlantic Ocean - SB
8. PROJECT SUMMARY: The applicants propose to extend an access road and potable waterline (6")
from the end of Kings Lynn Drive to access six (6) new residential lots.
Cooke/Sutton
The Point
Page 2
9. PROJECT DESCRIPTION
The project site is located at the end of Kings Lynn Drive (SR 1828), at the west end of Oak Island, in
Brunswick County, North Carolina. The 25.42 acre tract is bordered by Lockwood Folly Inlet to the
west, Lockwood Folly Sound (also known as Eastern Channel) to the north, and the Atlantic Ocean to
the south. To the east, the property abuts The Harbor at Kings Lynn - Phases I & II, a subdivision
developed by the applicant, in 1996 (State Permit #14-96). The topography in the project area consists of
rolling sand dunes (Newhan fine sand), with typical dune vegetation, predominately, Sea Oats, Smilax,
Yucca, other dune grass, and Dune-Elder (Iva imbricate). Historically, the west end of Long Beach has
experienced significant erosion. Originally, the state maintained road made a complete loop around the
end of the island. The road was over-washed a number of times during the 1960's and 1970's. After it
was washed out by a storm in 1979, the NC Department of Transportation never rebuilt the road. In
recent years, the west end of Long Beach has been accreting, with dune development and natural
vegetation colonization, 800 to 1000 feet west and south of it's 1978 location. Although dune formation
in this area is significant, there are several areas along the oceanfront and Lockwood Folly Inlet that
allow overwash during extreme high tide cycles and storms. Overwash from the beach does connect to
Lockwood Folly Sound through an area where a portion of the proposed lots and road would be located.
The shoreline along Lockwood Folly Sound (northeast side) exhibits estuarine characteristics and
includes a border of coastal wetlands. The marsh is predominantly Smooth Cord Grass (S artina
alterniflora); but includes the high coastal marsh species Spike Grass (Distichlis suicata), Sea Lavender
(Limonium, spp.), Saltwort (Salicornia vir iniana) and Salt Meadow Grass (Spartina patens), as the
marsh transitions toward the highground. The mean high water contour of Eastern channel encroaches
into the existing road right-of-way of Kings Lynn Drive just east of the project site. This area has
traditionally been used as an access point by the public for many years.
In the project area, the waters of Lockwood Folly Sound are classified SA, by the N.C. Division of
Water Quality. They are OPEN to the harvest of shellfish. The waters of the Atlantic Ocean are
classified SB, by the N.C. Division of Water Quality. The tract is within the Ocean Erodible, High
Hazard Flood and Inlet Hazard areas of the Ocean Hazard Area of Environmental Concern, as designated
by the North Carolina Coastal Resources Commission. The Long Term Average Annual Erosion Rate is
2 ft./yr. on the west end of Oak Island.
The applicants have subdivided six (6) residential lots into the property, creating The Point subdivision
and propose to access the property by constructing a private road from the end of Kings Lynn Drive. The
proposed road would be approximately 470 feet long, 20 feet wide and terminate in a cul-de-sac, 100 feet
in diameter. The roadway would be bedded in stone, surfaced in asphalt and constructed along a
northerly curve from the orientation of the end of Kings Lynn Dr. The lots would be oriented north/south
and located on the south side (ocean) of the road. The lots would average 80 feet in width and 406 to 459
feet in length. Individual septic tank systems would provide wastewater disposal for each residence,
however, the subsurface disposal drainfields for Lots 2-6 would be located to the east of Lot 1 in an
common area of more suitable soils. The wastewater would be pumped to the disposal fields within a
sewer supply line easement which the applicants would establish at a later date. The applicants also
propose to construct a potable water line to serve the new subdivision. The waterline would be
approximately 470 feet long and six (6) inches in diameter. A fire hydrant would also be installed at the
end of the new waterline adjacent to the cul-de-sac. The applicant states that the ownership of the road
and waterline would be subsequently transferred to the subdivision property owners for long term
maintenance and/or repair.
Cooke/Sutton
The Point
Page 3
10. ANTICIPATED IMPACTS
The construction of the proposed private road and potable waterline would disturb approximately 39,504
square feet of highground area and create 17,250 square feet of impervious surface. Additional soil
disturbance and creation of impervious surface area would occur with the subsequent construction of
residential structures. The portion of the proposed access road located adjacent to the area that is
overwashed during extreme high and storm tides, creates the potential for repetitive damage and/or
maintenance of the roadway.
Submitted by: E.F. Brooks Date: 8/15/03 Office: Wilmington
Recommendations for State Permit - Cooke/Sutton - The Point Subdivision
Inlet hazard areas are natural hazard areas that are especially vulnerable to erosion, flooding, and other
adverse effects of sand, wind, and water because of their proximity to dynamic ocean inlets. In the past,
portions of this project site were part of the waters of the Lockwood Folly Inlet. However, at this point
in time, dune development and natural vegetation colonization has established itself in the project area to
the extent that the proposed development could meet our oceanfront setback requirements.
As in the previously permitted sections of The Harbor at Kings Lynn, the applicant proposes to overcome
the project's inconsistency with 7H.0306(c), by assuming the cost of the road and water line installation,
and subsequently transferring perpetual maintenance to the property owners. The applicants have
provided a letter with their application from the Town of Oak Island stating that the waterline serving
The Harbor at Kings Lynn, Phase I & II is not a part of the Town's system. However, the Public Water
Supply Branch computer records indicate that in 1996 the Town of Long Beach (now Oak Island) applied
for and submitted plans for the above referenced waterline extensions to their system. Final approvals
were granted on 5/16/97. Their staff state that unless there is a valve with backflow protection separating
the public and private systems, they would consider a continuous line as part of the public system. In any
case, I recommend that additional documentation be provided by the applicants to ensure that the road
and utilities (existing and proposed) be privately owned and maintained and that their system meets any
applicable requirements of the NC Public Water Supply Branch. Disclosure to existing and future lot
owners may need to be required, especially if current property owners are not aware of their maintenance
responsibilities.
Since the proposed road would be the only means of ingress and egress for future property owners, as
well as, emergency vehicles, I recommend that the applicants be required to include some type of bridge,
culvert or other conveyance in their road design to allow water under the road where it crosses the
washover area.
Any permit issued for this project should include the following conditions:
1. Adequate sedimentation and erosion control measures shall be implemented and maintained to
prevent erosion of unconsolidated soil into adjacent wetlands and/or waters.
2. Subsequent residential development of individual lots within any area(s) of Environmental
Concern will require additional permitting through the Town of Oak Island's Minor CAMA
Permit Program.
3. Excluding the roadway, any imported fill material brought to the site in association with the
proposed development shall be beach compatible sand. Grain size analysis of the fill material shall
be provided and approved prior to placement onsite.
4. Dune disturbances shall be allowed only to the extent necessary for development and if the dune's
protective value is not weakened or reduced. Disturbed areas will be immediately stabilized
vegetatively. No development shall involve the significant relocation or removal of primary or
frontal dune sand or vegetation thereon.
5. The permittee is required to contact the District Firld Office shortly before he plans to begin
construction to arrange a setback measurement that will be effective for sixty(60) days barring a
major shoreline change. Construction must begin within sixty (60) days of the determination or the
measurement is void and must be re-established.
Recommendations for State Permit - Cooke/Sutton - The Point Subdivision
Page 2
6. Sand used to strengthen dunes must be brought in from an outside source and must be of the same
nature as the sand in the area in which it is to be placed. No sand is to be removed from the site.
7. Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation is
minimized. The filled areas will be immediately stabilized vegetatively. Sand held in storage in any
dune, other than frontal or primary dunes, may be moved in order to strengthen existing primary or
frontal dunes if the work would enhance the protection to the proposed development activity and the
sand is immediately stabilized vegetatively. This work must be accomplished landward of the toe of
the frontal dune and the crest of the primary dune.
8. Any structure authorized by this permit shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or
dismantled within two (2) years of the time when it becomes imminently threatened, and in any
case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re-
nourishment takes place within two (2) years of the time the structure becomes imminently
threatened, so that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holder's right to seek
authorization of temporary protective measures allowed under CRC Rules.
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
c. Project name(if any) The Point subdivision
1. APPLICANT NOTE- Permit witTbe issuedin name of
Candowner(s),and/or project name.
a. Landowner:
Name Messrs. John V. Sutton and 2. LOCATION OF PROPOSED
Stewart F. Cooke PROJECT
Address 20 East 2"d Street
City Ocean Isle Beach State NC a. County Brunswick
Zip 28469 Day Phone 910-579-3535
Fax 910-579-9353 b. City, town, community or landmark
Town of Oak Island
Applicant: c. Street address or secondary road number.
Name Management and Planning Services, western end of King's Lynn Drive
c/o Mr. Mike Hargett d. Is proposed work within city limits or planning
Address P. O. Box 654 jurisdiction? X Yes No
(Town of Oak Island)
City Wilmington State NC
e. Name of body of water nearest project(e.g.
Zip 28402 Day Phone 910-254-0596 river, creek, sound, bay)
Fax 910-254-9212 Atlantic Ocean along southern limit,
Lockwood Folly Inlet along western limit,
Eastern channel along northern limit
b. Authorized Agent:
Name Land Management Group, Inc. 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Address P. O. Box 2522
City Wilmington State NC a. List all development activities you propose
Zip 28402 Day Phone 910-452-0001 (e.g. building a home, motel, marina, bulkhead,
pier, And excavation and/or filling activities.
Fax 910-452-0060 Applicant proposes to construct a private
road and to extend existing 6" waterline to serve
six planned residential lots. �� �
Revised 03/95 j U N 9 2003
l� DIVIS10i`�i CiF
COASTAL MAW,J-'JkL, NT
Form DCM-MP-1 I. Is the proposed project consistent with the
applicable zoning? X Yes No
b. Is the proposed activity maintenance of an (Attach zoning compliance certificate,if applicahle)
existing project, new work, or both? j. Has a professional archaeological assessment
New been done for the tract? Yes X No
c. Will the project be for public, private or If yes, by whom?
commercial use? Private k. Is the project located in a National Registered
Historic District or does it involve a National
d. Give a brief description of purpose,use,method Register listed or eligible property?
of construction and daily operations of proposed Yes X No
project. If more space is needed, please attach
additional pages. 1. Are there wetlands on the site? X Yes No
Standard daily operations and good Coastal(marsh) X Other
construction techniques. Ifyes,has a delineation been conducted?
(There are no jurisdictional "404 wetlands", as
defined and regulated by the Army Corps of
4. LAND AND WATER Engineers (ACOE). Please see ACOE's Notice of
CHARACTERISTICS Jurisdictional Determination,attached. However,
there is an area which has been determined to met
a. Size of entire tract 25.42 acres the coastal marsh definition under NC CAMA
regulations.)
b. Size of individual lot(s) minimum 30,000 s.f.
c. Approximate elevation of tract above MH W in. Describe existing wastewater treatmentfacilities.
or NWL approx. 6'>MHW Individual wastewater treatment systems are
d. Soil type(s)and texture(s)of tract planned, and appropriate county and/or state
Newhan sand authorization will be sought concurrent with review
of this application.
e. Vegetation on tract Uniola paniculata
Hydrocotyle, Spartina patens on dunes. n. Describe location and type of discharges to
Spartina patens, Spartina alterniflora, and waters of the state. (For example, surface runoff,
Distichlis spicata in coastal marsh along eastern Sanitary wastewater, industrial/commercial
edge. effluent,"wash down"and residential discharges.)
No direct discharges are planned.
f. Man-made features now on tract None
o. Describe existing drinking water supply source(c
g. What is the CAMA Land Use Plan land V 0,(A if— _Mw&p'al water system
classification of the site?(consult the local land useplan) S.
5. ADDITIONAL INFORMATION
Conservation Transitional
Developed Community
Rural X Other In addition to the completed application form, the
(municipal not in planning following items must be submitted:
h. How is the tract zoned by local government? * A copy of the deed(with state application only)i3O I 1
R-7 i'
IRevised 03/95 i jUN 9 2003 �
C(�AS-IA' i\JAAN-4— �� ' '
Form DCM-MP-1
or other instrument under which the applicant * A list of previous state or federal permits
claims title to the affected properties. If the issued for work on the project tract. Include permit
applicant is not claiming to be the owner of said numbers, permittee, and issuing dates.
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 None known.
out the project.
* A check for $400 made payable to the
* An accurate, dated work plat(including plan Department of Environment, Health, and Natural
view and cross-sectional drawings)drawn to scale Resources (DEHNR) to cover the costs of
in black ink on an 8'/z"by I I"white paper. (Refer processing the application.
to Coastal Resources Commission Rule 710203
for a detailed description.) * A signed AEC hazard notice for projects in
Please note that original drawings are preferred oceanfront and inlet areas.
and only high quality copies will be accepted.
Blue-line prints or other larger plats are acceptable * A statement of compliance with the N.C.
only if an adequate number of quality copies are Environmental Policy Act(N.C.G.S. 113A-1 to
provided by applicant. (Contact the U.S. Army 10) If the project involves the expenditure of
Corps of Engineers regarding that agency's use of public funds or use of public lands, attach a
larger drawings.) A site or location map is a part statement documenting compliance with the North
of plat requirements and it must be sufficiently Carolina Environmental Policy Act.
detailed to guide agency personnel unfamiliar with
the area to the site. Include highway or secondary 6. CERTIFICATION AND PERNUSSION
road(SR)numbers, landmarks, and the like. TO ENTER ON LAND
*A Stormwater Certification,if one is necessary.
*A list of the names and complete addresses of I understand that any permit issued in response to
the adjacent waterfront (riparian) landowners this application will allow only the development
and signed return receipts as proof that such described in the application. The project will be
owners have received a copy of the application subject to conditions and restrictions contained in
and plats by certified mail. Such landowners the permit.
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 I certify that to the best of my knowledge, the
this form, the applicant further certifies that such proposed activity complies with the State of North
notice has been provided. Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
(lot 46, The Harbor at King's Lynn) such program.
Name George and Letitia Richard
Address 5390 West 229 Street I certify that I am authorized to grant, and do in
Fairview Park, Ohio 44126 fact, grant permission to representatives of state
and federal review agencies to enter on the
(at NE property corner) aforementioned lands in connection with evaluating
Name Town of Oak Island information related to this permit application and
Attn: Mr. Bob Grant follow-up monitoring of the project.
Address 4601 East Oak Island Drive
Oak Island,NC 28465 I further certify that the information provided in�
Revised 03/95 ! J U N r 2003
I�J
DIVISi ::Pa-
s .:
COASTAL
this application is truthful to the best of my
knowledge.
This is the l day of 3
PrintName �AACU. f
( W wP I
Signature
n owner or Auth ized A ent
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.
G f
i
JUi'r
Revised 03/95 °
�,l'l�iC�sa OF. ,
COAS SAL hAAN, :Ci ,,�� Nl
�
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Approx. 2,500 sq.ft. of the proposed road
Major Permit, For DCM-MP-1. Be sure to would fall within the 75'Estuarine Shoreline AEC.
complete all other sections of the Joint Application This would represent less than 1% of the total
that relate to this proposed project. Estuarine Shoreline AEC.
a. Type and number of buildings, facilities, units h. Projects that require a CAMA Major
or structures proposed None Development Permit may also require a
Stormwater Certification. Has a site development
b. Number of lots or parcels Six single-family plan been submitted to the Division of
residential lots Environmental Management for review?
Yes_No
c. Density (give the number of residential units (A stormwater permit will be submitted for review
and the units per acre) concurrent with this permit application.)
6 lots/25 acres= 1 lot/4.1-acres
i. Describe proposed method of sewage disposal.
d. Size of area to be graded, filled or disturbed Individual wastewater treatment systems.
including roads, ditches, etc. Appropriate county and/or state authorization will
approx. 35,900 sq. ft. for road and waterline be sought concurrent with review of this
installation application.
e. If the proposed project will disturb more than j. Have the facilities described in Item 1. above
one acre of land, the Division of Land Resources received state or local approval? No
must receive an erosion and sedimentation control (Attach appropriate documentation)
plan at least 30 days before land disturbing activity
begins. If applicable, has a sedimentation and k. Describe location and type of proposed
erosion control plan been submitted to the Division discharged to waters of the state (for example,
of Land Resources? Yes X No surface runoff, sanitary wastewater,
If yes, date submitted industrial/commercial effluent, "wash down" and
residential discharges).
f. List the materials (such as marl, paver stone, No direct discharges are planned.
asphalt, or concrete ) to be used for paved
surfaces. 1. Describe proposed drinking water supply source
Paver stone and asphalt for construction of e.g. well, community, public system, etc.) L �
private road. fVOl eiP4 water system
g. Give the percentage of the tract within 75 feet m. Will water be impounded?_Yes X No b
of MHW or NWL,or within 575 feet in the case of If yes, how many acres?
an Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as n. If the project is an oceanfront development,
pavement, buildings, rooftops, or to be used for when was the lot(s)platted and recorded?
vehicular driveways or parking. The final plat is not vet recorded. The town has
Revised 03/95
Form DCM-MP-3
approved the preliminary plan (shown in this
application). Once final plat approval is obtained,
the lots will be recorded.
`T-!-rE7 b1N'r S0BDIVISl0r)
Applicant or Project Name
h
ature V' r J /„/c.
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Date
Revised 03/95
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Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants The Point
P.O. Box 2522 VICINITY MAP Applicant- Management& Planning Services
Wilmington, NC 28402 c/o Mike Hargett
910-452-0001
Location: Long Beach, Brunswick Co.
LMG#02-03-264 Sheet 1 of 6
C:(project 61esFointlfigures.cdr Date: 6/2/2003
/18ANTIC CT 1 ADMIRALS CT
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purposes only
Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants The Point
P.O. Box 2522 DETAILED Applicant. Management& Planning Services
Wilmington, NC 28402 910-452-0001 VICINITY MAP c/o Mike Hargett
Location: Long Beach, Brunswick Co.
LMG#02-03-264 Sheet 2 of 6
C:(project files Date.-Date: 6/2/2003
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Land Management Group, Inc. COAJ r' CAMA Major Permit application,
Environmental Consultants USGS The Point
P.O. Box 2522 Wilmington, NC 28402 TOPOGRAPHIC MAP Applicant: Management& Planning Services
�910-452-0001 Lockwoods Folly Quad. c/o Mike Hargett
Location: Long Beach, Brunswick Co.
LMG#02-03-264 Sheet 3 of 6
C:Iproject fileslPointtfigures.cdr Date: 6/2/2003
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Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants NRCS The Point
P.O. Box 2522
Wilmington, NC 28402 SOIL SURVEY Applicant; Management& Planning Services
910-452-0001 Brunswick Co., pg 17 c/o Mike Hargett
Location: Long Beach, Brunswick Co.
LMG#02-03-264 C:0rqyectfi1es1Point1figures.cdr Date: 6/2/2003 Sheet 4 of 6
"The Point" at Oak Island
Proposed Wastewater Disposal Fields
All systems are 8 bedroom homes
utilizing Puraflo Peat pretreatment systems.
August 4, 2003
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Note: For Demonstrative Purposes Only. All Plans
Subject To Approval By Appropriate Regulatory Agencies. ¢
Land Management Group, Inc.
"The Point" at Oak Island
Proposed Wastewater Disposal Fields
All systems are 8 bedroom homes
utilizing Puraflo Peat pretreatment systems.
August 4, 2003
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Land Management Group, Inc.
Note: For Demonstrative Purposes Only. All Plans
Subject To Approval By Appropriate Regulatory Agencies.
CAMA Major Application
The Point subdivision
King's Lynn Drive, Town of Oak Island, Brunswick County
Site Overview: The subject property is a 25.42-acre parcel located at the western end of
Long Beach and within the municipality of the Town of Oak Island. The end of King's
Lynn Drive abuts the eastern property edge, the Atlantic Ocean abuts the southern
property edge, Lockwood Folly Inlet abuts the western property edge, and Lockwood
Folly Sound abuts the northern property edge. The site is comprised of Newhan sand and
the landscape is a typical dune and swale system. Dominate vegetation includes Uniola
paniculata, Hydrocotyle spp., and Spartina patens. An area of coastal marsh has been
identified by the Town of Oak Island's local permit officer and is located in the
northeastern corner of the property. Vegetation in this area includes Spartina patens,
Distichlis spicata, Salicornia virginiana, and Spartina alterniflora. There are currently
no man-made features on the property.
Requested Development: The applicant requests to develop six residential lots with
minimum 30,000 sq.ft. areas. Approximately 19-acres of the remaining property will be
dedicated to the Town of Oak Island as public open space. In order to serve the planned
lots, construction of a 506-1ft. private road and extension of the municipal waterline is
requested. Construction of the road and installation of the waterline within the road
right-of-way would create the only impervious cover and grading necessary for the
development. Disturbed and impervious area would total less than 39,000 sq. ft. The
requested work and planned lots would be located within a FEMA-defined"VE zone".
Since this designation constitutes CAMA's High Hazard Flood Zone A.E.C., and a state
permit is required for the waterline extension, a CAMA Major permit is required.
Additional Permits: State authorization for the waterline extension will be sought,
concurrent with this permit application. A Stormwater Management permit application
will also be submitted for review by NC Division of Water Quality. Suitable areas for
individual wastewater treatments have been identified. Improvement permits for those
systems will be requested in conjunction with the construction plat phase of the project.
Jurisdictional Wetland and Coastal Marsh: There are no vegetated"404 wetlands" on
the property as confirmed by USACOE representative Tom Farrell on 9/4/2002 (please
see enclosed"Notice of Jurisdictional Determination"). Federal jurisdiction of"Waters
of the US" is defined by the mean high water limit shown on the enclosed site plan. The
area of coastal marsh vegetation in the northeastern corner of the property did not meet
federal wetland criteria due to a lack of hydric soil characteristics. However, this area is
considered a Coastal Marsh A.E.C. under NC CAMA regulations and will be avoided.
No coastal marsh impacts are requested.
, JUN " 9 2003LJ
DIVISION OF
COASTAL MANAGEMENT
Sent By: LAND MANAGEPAENT; 910 "152 0060 May-21 -03 4:42PM)* Page 2!2
yan"al,jjana ( swto., t xnc.
(''3Pf1�7(.ttYJd/7I?G7Lu[ti (907WSGUQ/lt,�b
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AGENT DISCLOSURE FORM
TO WHOM IT IMY CONCERN:
Ilwe, the undersigned, hereby authorize Land Management Group, Inc., to act
as our agent in the preparation and representation of information submitted
within the 404/401 and/or CAMA applications and/or septic permits. All
questions in regards to this application should be directed to Land
Management. Group, Inc.
Sincerely,
Owner/tppficant
[late
U5
yu i
COASTAL tv1AN gGEMSNT
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. � DD3 D l 17 7 County gfm5 W i s.k Quad 1J
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property owner 5�- 14 -10 ^N S_cti RECEIVED
Address a0 EASE 5 nee,
pCtat4 zsle , N - C SEP 2 4 2003
Telephone (9101 579-93S3 A.0FOONTALMANAGWA
UTM or LAT/LONG 33-Stt-95 \ 79-13 -57 Zone RAM
,, II
Size and Location of project (waterbody, road name/number, town, etc.) as.La
I� `I�( L ffr4 bf Dry _T 4�
0.� `Anti pGt
Description of Activity �.��'P/�Sr on/ �� .4N i9CCe 5; /'OR:P r4 o,�t
o'F In ni e,,
Your work as described above does not require Department of the Army authorization for the following reason(s):
_There are no jurisdictional waters or wetlands within the boundaries of the project as described above.
This determination is effective for five years from the date of this document.
The proposed project does not have a regulated impact on jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulations.
(Specify)
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work
in jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps
of Engineers prior to commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division
of Coastal Management at telephone (919) 733-2293 to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain
any other required Federal, State, or local approvals/permits.
Date / 16-03 "L
Corps Regulatory Official Telephone
SURVEY PLATS, FIELD SKETCH, WE ND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
SAW Form 654
February 1999
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Stewart Cooke&John Sutton-The Point S/D County: Brunswick
LOCATION OF PROJECT: West end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the
Lockwood Folly Inlet, in the Town of Oak Island.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 14, 2003
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Ed Brooks DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH:..V FEE REC'D:$ 4c)O. ao
PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 9 l o 03
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D:
APPLICATION ASSIGNED TO: Cv�s°^ ON:
C) 75 DAY DEADLINE: o a 150 DAY DEADLINE:
MAIL OUT DATE: b 3 STATE DUE DATE: �� b 2
FEDERAL DUE DATE: FED COMMENTS REC'D: 1 ly 103
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative ) i 3 �/
Coastal Management-LUP Consistency $ 'o2la�3 ✓ C.(Z,
Division of Community Assistance a 3
Land QualitySection , Ed SC M"br- req
Division of Water Quality �aq 40( regw►'red ltO3�o3
blzs-
Storm Water Management(DWQ) S W P regw PW c. aof 03 Q 1k—
State Property Office 9 3 q3
Division of Archives&History 9 1,9 t03
Division of Environmental Health 1z. 3 ✓
Division of Highways 9 3 03
Wildlife Resources Commission
Division.of Water Resources
Division of Marine Fisheries $ 3
Submerged Lands(DMF)
A�t a C )501 t-1-t -
Permit#
DCM Coordinator: c Sty
MAILING DISTRIBUTION:
Permitee: -J'V� ^ I<Iki .. 4 S`Ec' &I:k--
Agent: ® L MOJ•aflerr��� Cyr+ , Tnc. R}}y�; lC_S1riS��it�
DCM Field Offices:
Elizabeth City
orehead Cit
Washington �CJ�d4eP1 '�.
Wilmin*ton
US Army Corps of Engineers(USAGE): pcw-
Washing
ton: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT) L4(jD I F, Uc-l(- ZTX-v'e' I�Ir-
Raleigh Bland
N aVu5
Wihnington: Dave Tim (NCDOT)
Henry Wicker S� PGr't`N►t o^�
no a{�Q1i�G1io1R
Oth
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patty Fowler 'Ser ry Wal-W5
State Property Office: Joseph Henderson f ()c�l� Z4114
Water Quali John Dome Cq l�'1 a� g_ Soo
John Hennessy (NCDOT)
er Resources: John Sutherland
Wildlife Resources: David McHenry T—,.,,,-r O o.x.Tsb.rl
ennett Wynne C AM lA '-C) '(
David Cox(NCDOT)
Travis Wilson (NCDOT)
FAXING DISTRIBUTION:
Pe tee at 416/5'19- 9353
Agentsat A*\: lo-xrc- tasooii-k aj o( qSa-oo(I0
DCM Field Offices:
Elizabeth City
Morehead City S • a4 l
Washin-ton q�ec ►"N —
b o fixed b� aCFG A.��V-\c.�
US Army Corps of Engineers (USAGE):
Washington: Mike Bell (NCDOT) L�
Bill Biddlecome (NCDOT)
Raleigh Bland l�
Wilmington: Dave Tim NCDOT)
eery Wicker0
f �
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMO TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne &
Habitat Conservation Program
DATE: November 6, 2003
SUBJECT: CAMA Dredge&Fill Permit Application for Stuart Cooke/Maritime Place, East
7`" Street, near intersection with Shallotte Blvd., Ocean Isle Beach, Brunswick
County,North Carolina.
The North Carolina.Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. We regret that time constraints delayed our response. A site
visit was made on November 4, 2003. Our comments are provided in accordance with provisions
of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and
the Coastal Area Management Act (G.S. 113A-100 through I I3A-128).
The applicant proposes to grade and fill 2.7 acres of a 4.41 acre tract on the AIWW to
develop a 22 lot subdivision. It is our understanding that wastewater will be handled by municipal
sewer. A tidally inundated wetland embayment separates 2 high ground peninsulas that comprise
most of the site. The AIWW shoreline is already bulkheaded although the description of
Anticipated Impacts indicates additional bulkhead would be constructed. An asphalt access road
is proposed for each peninsula, with stormwater to be diverted into vegetated swales before
entering surface waters. A community pool/pool house is planned near the wetland embayment
and a pedestrian bridge is proposed across the wetland embayment at its narrowest point. Coastal
wetlands in the embayment and along the AIWW waterward of the bulkhead provide excellent
habitat for raccoon, opossum, muskrat, wading birds, waterfowl, diamondback terrapin,juvenile
fishes, and estuarine invertebrates. High ground is mostly cleared,although some shrub thickets
remain. Area waters are classified SA and open to shellfishing.
In our opinion, additional bulkhead is not justified. Site shorelines are sufficiently
stabilized by the existing bulkhead along the AIWW and vegetated berms that occur along the
eastern and western property lines adjacent to coastal wetlands. Although the project has been
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center•Raleigh,NC 27699-1721
Telephone: (919) 733-3633 ext.281 9 Fax: (919) 715-7643
Stuart Cooke/Maritime Place S/D 2 11/6/2003
issued a low density Stormwater Permit,the cumulative future build out of impervious surfaces
may overwhelm the stormwater storage/treatment capacity of vegetated swales,resulting in
closed shellfishing waters. The pool complex's decking would encroach upon the 30 ft. Coastal
Shoreline Buffer, compromising the buffer's stormwater treatment and storage functions.
Shading of wetland vegetation would result from constructing the pedestrian bridge, especially
since the bridge is on an east-west alignment. Based on these concerns, we recommend the
following conditions to permit issuance.
1. No additional bulkheading will be authorized.
2. Pervious concrete,pavers, or aggregate will be used for road and driveway
construction instead of the impervious asphalt proposed.
3. The pool complex location shall be moved in a southward direction or relocated
entirely so as to completely avoid the 30 ft. Coastal Shoreline Buffer.
4. Elevate pedestrian bridge decking a minimum of 4 ft. off the marsh floor to allow
penetration of more incidental light to wetland vegetation underneath.
Thank you for the opportunity to comment on this project. If you have questions,please
call me at(252) 522-9736.
RECEIVED
September 2, 2003 CGtc�r)-e-S.\TCA SEP 5 2003
3IV.OFCO N 9ABn
RALDonna D. Moffitt
Director, Division of Coastal Management
1638 Mail Service Center
Raleigh,NC 27699-1638 Re: Application for CAMA permit to
develop "The Point" subdivision
on western Oak Island, NC
Dear Ms. Moffitt:
Many of us who are citizens of Oak Island have been watching with dread for your notice
regarding the above permit.
We attended the city council meeting regarding this issue, along with many others who
love this last remaining small area of natural beauty and animal habitat on western Oak
Island. Although the council members were presented with several seemingly legitimate
reasons for rejecting the subdivision, they passed it. Personal discussions with some of
the council members during a break revealed that none wanted the development and
agreed with citizen's comments; however, they were advised to pass it by the city's
attorney due to the threat of a lawsuit by the developers. The council members with
whom we spoke also stated that they felt sure CAMA would not allow the development
due to environmental issues. Therefore, to avoid a court battle with the developers, they
passed the issue, feeling sure CAMA would not.
We realize you need environmental reasons for refusing the permit and, if you will walk
the area in addition to comparing recent plats and aerial views with previous ones, you
will have no difficulty finding them. The loss of natural beauty and the protection of
existing homes are certainly an upsetting result of development, but the loss of animal
habitat is also a disturbing thing to witness. Contrary to the developers' comments at the
council meeting that only the perimeter of the point is used by the public and residents,
we and many other residents walk the entire point area frequently. For years we have
enjoyed watching the red foxes hunting and relaxing with pups around their dens, but it
has now been months since we have seen them(this may be, in part, why there is now a
huge dune rat population in the area of out home). There were several dens we observed
which were destroyed by development of"The Harbour at King's Lynn" and lots on the
northern sound side. "The Point" area is the last remaining den space.
You must walk the entire area to realize the constant erosion and changes as well as the
shrinking habitat. It is obvious from aerial views, but the greater impact is seen by
walking the area. Since the beach re-nourishment project built up the eastern end of the
island and the dredging of the Lockwood Folly Channel changed from southeastward to
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directly southward, the point area has eroded dramatically. The 12-15 foot dunes on the
ocean side are gone. Only berms of a few feet remain in the natural area. On the north
sound side shore of the point 15-20 foot dunes have been destroyed by development of
lots. At lunar or other especially high tides there is an area of wash-through from ocean
to sound right where homes would be placed if you allow the subdivision. You know the
history of roads around the point. They have washed out several times over the years in
the same spot in which a new one would be placed.
We know that the possibility of devastating effects on existing homes and the loss to
homeowners of the very reason many of us bought property here, as opposed to another
beach area, are of small, if any, part of your decision; however, there are legitimate
environmental concerns to be considered as well as the future of the homes which would
be placed in the newly developed area. Those of us who presently have homes on the
island will certainly be emotionally devastated and may face loss of property if the point
area is developed. Therefore we will be appreciative of the time and energy you spend
studying the area before ruling on the permit.
Please send us a written response regarding your decision and the reasons for such.
]� z
bert & Jimmi Hodgin
6331 King's Lynn Dr.
Oak Island,NC 28465
Mailing address: 6513 South NC 49
Burlington, NC 27215
Email address: rhodgin&etpath.net
cc: Letter to the editor, State Port Pilot, Southport,NC
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MEMORANDUM
TO: Doug Huggett �ED
Major Permits Processing Coordinator
AUG 2 6 2003
FROM: James E. Rosich,AICP
Wilmington District Planner 01V-0FCWWAMbVVWW
SUBJECT: CAMA Major Permit Application
Stewart Cooke&John Sutton—The Point Subdivision
Town of Oak Island,Brunswick County
DATE: August 25,2003
The applicants propose to establish the"The Point'—a six-lot oceanfront subdivision. The subdivision
will be accessible by a 20-foot wide private road,which will begin at the end of Kings Lynn Drive(SR
1828). The proposed road will extend approximately 470 feet and terminate in a 100-foot diameter cul-de-
sac. The applicants also propose to install a six-inch water main to serve six proposed residential
structures. The residential structures will be served by individual septic systems.
The 25.42-acre tract is located at the end of Kings Lynn Drive on the western edge of the Town of Oak
Island. The site is bordered by the Atlantic Ocean to the south;Lockwood Folly Sound(Eastern Channel)
to the north;Lockwood Folly Inlet to the west; and The Harbor at Kings Lynn subdivision(Phases I and II)
to the east.
According to the Division' Field Investigation Report,development will occur within the following Ocean
Hazard Area Areas of Environmental Concern(AECs): Ocean Erodible;High Hazard Flood Area; and
Inlet Hazard Area. The waters of Lockwood Folly Sound are classified SA and are open to shellfishing.
The Atlantic Ocean is classified SB. The Primary Nursery Area(PNA)designation does not apply to either
waterbody.
The development proposal has been reviewed for consistency with the Town of Oak Island Consolidated
CAMA Land Use Plan(LUP). The Towns of Long Beach and Yaupon Beach merged in 1999 to form the
Town of Oak Island. Both the Town of Yaupon Beach 1997 Land Use Plan and the Town of Long Beach
1998 CAMA Land Use Plan Update are adopted by reference into the Consolidated LUP. The
Consolidated LUP states:
The Town Council of the Town of Oak Island hereby accepts the policies contained within the 1997(CAMA)
Land Use Plan for Yaupon Beach and 1998 CAMA Land Use Plan Update for Long Beach and as may be
amended as guides for land use and development decisions within the areas covered by the plans. The Town
Council hereby incorporates the Long Beach Plan into the Yaupon Beach Plan by reference,and incorporates the
Yaupon Beach Plan into the Long Beach Plan by reference.
Land Classification
The land classification for this site is Conservation—Ocean Hazard Areas. The Consolidated LUP states:
The Conservation class is intended to provide for effective long-term management and protection of significant,
limited or irreplaceable natural resources. The management of these areas is designed to protect and enhance
their natural,cultural,recreational,productive and/or scenic values. In addition,management is intended to
reduce the risk to life and property from hazards in these areas.
The Ocean Hazard Areas sub-classification includes all ocean hazard areas. The Consolidated LUP states:
These areas include lands along the Atlantic Ocean shoreline where,because of their special vulnerability to
erosion or other adverse effects of sand, wind and water, uncontrolled or incompatible development could
unreasonably endanger life or property. These areas include beaches,frontal dunes,inlet lands,and other lands
with excessive erosion or flood damage.
Town of Oak Island Consolidated Land Use Plan
The following policies contained in the Town of Oak Island Consolidated CAMA Land Use Plan are
applicable to this project:
(4)Amend Long Beach Sewer System Policy: 4.1.1 Plan for Regional Wastewater System. The Town will
continue working to extend the sewer system to areas not currently served. It will also work toward
regional wastewater treatment approaches that may include the County and other municipalities and
agencies.
a. The Town will insure that the design and operation of the system supports the objective of
restoring the health of the community's surface waters.
b. The initial objective of the system is to replace existing septic tanks.
c. Owners of existing septic tanks will be required to connect to the Town's central system when
it is available.
d. The Town Council will adopt a sewer extension policy. This policy will ensure that extensions
are consistent with the Town's Land Use and Coastal Management Policies.
(6)Add Ocean Hazard Policy to Yaupon Beach Plan: The Town generally supports installation of public
improvements, such as water and sewer, in the hazard area where facilities are required to serve a public
use or to mitigate an environmental or public health threat. Construction or placement of such public
improvements will be consistent with CAMA rules and use standards(NCAC 7H). If a facility is installed,
access will be carefully controlled. Access to water and sewer will be controlled through the Town's
water and sewer extension policy to be developed in conjunction with the sewer system.
Town of Long Beach Land Use Plan
The following policies contained in the Town of Long Beach LUP are applicable to this project:
LUP Policy 1.5.3—Public Improvements: The Town generally supports installation of public
improvements, such as water and sewer, in the hazard area where facilities are required to serve a public
use or to mitigate an environmental or public health threat. Construction or placement of such public
improvements will be consistent with CAMA rules and use standards(NCAC 7H). If a facility is installed,
access will be carefully controlled. Access to water and sewer will be controlled through the Town's
water and sewer extension policy to be developed in conjunction with the sewer system.
LUP Policy 1.5.5—Limit Development Density: the Town will limit the density of development and the
size of structures in the hazard area to be consistent with CAMA use standards and to minimize
unreasonable risk to people or property.
LUP Policy 2.5—Building Heights(Island): It is the policy of the Town to restrict the height of buildings
on the island to the equivalent of two habitable stories. To implement this policy, the Town will retain the
41 foot building height limitation in the velocity zone and the 35 foot limit in all other areas. These height
limits may be adjusted to accommodate changes in flood elevations by the Federal Emergency
Management Administration(Agency).
LUP Policy 6.1.5 —Dune Protection: the Town will protect its existing dune systems through enforcement
of its Dune Protection Ordinance.
LUP Policy 6.2.1 —Limit Development Intensity: the Town supports CAMA use standards as a means of
reducing the potential risk to life and property by restricting the size and intensity of development in
hazardous areas.
Town of Yaupon Beach Land Use Plan
The following policies contained in the Town of Yaupon Beach LUP are applicable to this project:
Flood Hazard Areas—The Town of Yaupon Beach will regulate development within flood hazard areas to
minimize the potential for loss of life and property.
Areas of Environmental Concern—In accordance with the State CAMA regulations, Yaupon Beach will
strive to promote conservation of these areas through discouraging development unless it can meet the use
standards as set forth in 15A NCAC 7H. There are no outstanding resource waters(ORWs) in Yaupon
Beach's planning jurisdiction.
This project appears to be consistent with the applicable land use plans provided all local, state and
federal regulations are met. The local land use plan requires the subdivision to connect to the sewer
system when sewer service becomes available (see Consolidated LUP Policy#4 and Long Beach LUP
Policy 1.5.3).
cc: Charles S.Jones,DCM
Jim Gregson,DCM
Ed Brooks,DCM
Bob Grant,Oak Island
File
lk
�AZNW
�la
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 18, 2003
MEMORANDUM
TO: Ms. Melba Laney
lm
for: Mr. William A. McNeil, Director RIVED
Division of Community Assistance
AUG 9� 7 2003
FROM: Doug Huggett DIVOWW
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Stewart Cooke & John Sutton - The Point Subdivision
Project Location: The west end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the Lockwood
Folly Inlet, in the Town of Oak Island
Proposed Project: To extend an access road and potable waterline(6") from the end of Kings Lynn Drive to
access six (6) new residential lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. 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 & Z-103
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%o Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 22,2003
MEMORANDUM RECEIVED
TO: Mr. Joseph H. Henderson, Director
State Property Office SEP 3 2003
Department of Administration 01Y�0111COAKA.1 GmEm
FROM: Doug Huggett R4120fI
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V. SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED �� DATE KOWL I
D
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 18, 2003
MEMORANDUM
TO: Fritz Rohde �J R
Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries i
FROM: Doug Huggett G iff-H A B I TAT
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Stewart Cooke & John Sutton - The Point Subdivision
Project Location: The west end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the Lockwood
Folly Inlet, in the Town of Oak Island, Qua n.s cw i-c k- (_0 4
Proposed Project: To extend an access road and potable waterline(6") from the end of Kings Lynn Drive to
access six (6) new residential lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
L, agency has no comment on the proposed project.
This age y p p p �
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
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
hael F.Easley,Govemor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
U,
. August 22,2003
RECEIVED
SEP 3 2003
MEMORANDUM
ar4.0FWWALMAW
AN11
TO: Mr. Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V.SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary
August 22,2003
MEMORANDUM ���0
�C
R
TO: Mr. John Sutherland, Chief SEP 1 2, 2003
Water Planning Section 0AV41pG
Division of Water Resources ,N�IWnL
FROM: Doug Huggett `
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V.SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Ae RED VED
��- SEP 12 2003
NCDENR
North Carolina Department of Environment and Natural Resources N-011`00ARILMANAGEMEN
Division of Coastal Management RAIh0H
Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary
August 22,2003
MEMORANDUM
TO: Mike Kelly, Acting Director '� /J
Division of Environmental Health 2 y
SHEt
FROM: Doug Huggett trIs SgA//--
Major Permits Processing Coordinator aM
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V.SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting
data is requested.
REPLY rlw-u At,( gAtaka S
This agency has no objection to the project as proposed. q- Z'0 j
This agency has no comment on the proposed project. oGN \
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNEB'4J7u- DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
,qw
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 18, 2003
MEMORANDUM
TO: Dan Sams
for: Mr. James Simons, Director RS---ED
Division of Land Quality
'AUG A 2003
FROM: Doug Huggett DKOFCOASTAL"SEW
Major Permits Processing Coordinator PALL"
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Stewart Cooke & John Sutton - The Point Subdivision
Project Location: The west end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the Lockwood
Folly Inlet, in the Town of Oak Island
Proposed Project: To extend an access road and potable waterline(6") from the end of Kings Lynn Drive to
access six (6) new residential lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. 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.
Erosion and Sediment Control Plan application and approval is required for this project., �f
4ke {,,{�( l��.d ��4{wbsKc� exc�ctdS ow.#- O�LfIL
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE # 1 Zba 3
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
AG�Ila
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 18, 2003
MEMORANDUM
TO: Mr. Charles F. Stehman, P.G., Ph.D. AUG 2 0 2003
Division of Water Quality/Groundwater Section
FROM: Doug Huggett i
iiw
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Stewart Cooke & John Sutton - The Point Subdivision
Project Location: The west end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the Lockwood
Folly Inlet, in the Town of Oak Island
Proposed Project: To extend an access road and potable waterline(6") from the end of Kings Lynn Drive to
access six (6) new residential lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. 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 8 3
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
��
ia if
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 22,2003
RECEIVED
MEMORANDUM SEP 8 2003
TO: Mr. Roberto Canales j)N.CFC0W�
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V. SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
�Q o STUN%
2Q�03� � i� 03
RWom MO
SEP 19 ---�- AUG 26 20
FWn NCDENR
iW North Carolina Department of Environment and Natural Resourc9tpwcPREsE►A'n01,0F9CE
Division of Coastal Management
Michael F.Easley,Govemor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 22, 2003 2292
MEMORANDUM ¢ � (
TO: Ms. Renee Gledhill-Early, Director
Division of Cultural Resources �N f�
Archives &History Building "'aln"
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V. SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
AUG 2 7 2003
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 18, 2003
MEMORANDUM
TO: Mr. James Rosich, Community Planner
DCM/WiRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Stewart Cooke & John Sutton - The Point Subdivision
Project Location: The west end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the Lockwood
Folly Inlet, in the Town of Oak Island
Proposed Project: To extend an access road and potable waterline(6") from the end of Kings Lynn Drive to
access six (6) new residential lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: his 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. COASat�afeJ lke min 1%aj 44 Sealer a nrreeJ? r1
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 22,2003
rE moul,.+r'MAJ
MEMORANDUM OCT 1 0 2003
AV 0FC0APTj,�'�!,',% G
TO: Bennett Wynne '
Wildlife Resources Commission
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JOHN V. SUTTON & STEWART F. COOKE
PROJECT LOCATION: WESTERN END OF KING'S LYNN DRIVE, TOWN OF OAK
ISLAND,BRUNSWICK COUNTY
PROPOSED PROJECT: CONSTRUCT PRIVATE ROAD AND EXTEND EXISTING 6"
WATERLINE TO SERVE 6 RESIDENTIAL LOTS
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
w
r
�, ., . . ;.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
October 8,2003
RECEIVED
MEMORANDUM
4 NOV 0 7 2003
TO: Bennett Wynne
Wildlife Resources Commission ((,I� .1ry.0F00�� G
ATTN: Habitat Conservation Program �y
FROM: Doug Haggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: STUART COOKE / MARITIME PLACE
PROJECT LOCATION: EAST 7TH STRET, NEAR INTERSECTION OF SHALLOTTE
BLVD., OCEAN ISLE BEACH, BRUNSWICK COUNTY.
PROPOSED PROJECT: DEVELOP A 22 LOT SUBDIVISION INCLUDING: ROADS,
UTILITIES, SWIMMING POOL AND POOLE HOUSE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 29, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at (919) 733-2293, ext. 245. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Table 4.2: Bald Head Island alongshore cumulative volume change starting at Station 000+00(Nov-1999 to Nov-2000).
area Station Reach Above Above Above Above Above Above Above Above Above Above
Station Reach +10C +8C +6C +4C +2.51 C +OCY -4C -8C -12C -16C
w 000+00
400 0 0 0 -100 -200 -200 -1,100 -3 500 -5,400 -7 100
e 004+00
S 400 0 0 100 200 300 800 100 -3 200 5 600 -8 000
008+00
t 400 0 0 100 500 900 1,900 1,300 -3,000 6]00 -9 300
012+00
400 0 -100 -100 400 1 100 2 700 2,300 -2 800 -6 400 -10 400
B 016+00
e 400 0 -200 -300 300 1 200 3 400 3,000 -3 100 -7 200 -13 000
020+00
a 398 -100 -400 -500 200 1,200 4,100 3,200 -5 300 -11 700 -20 800
C 024+00
h 412 200 600 700 300 2,0001 6,900 6,300 4 000 -12 200 -23 300
028+00
434 -200 -600 -600 800 3,000 9,200 7 800 4,100 -13 000 -24,700
T 032+00
408 -200 -70 -400 1,900 4,100 10,800 9,200 -3 500 -12 500 -24.300
h 036+00
463 -200 -800 -200 2,700 4 900 12,600 12,500 200 -8,700 -21 100
e 039+60
438 -200=-2,800 -1,200
3,000 5,400 14,200 15,5001 2,400 -9 000 25 700
P 043+47
383 -I 200 1 900 4 500 13 900 16 600 - 400 -16 600 -37 800O 045+07402 -2 300 400 2,800 11,800 2 L260 15,900 13,400 41600
046+89
n 680 -3 600 -6 000 -3,200 -1, 0 800 9,309 29,500 57,2001 76,200 66,30
t 052+64
512 -4 600 -6 700 4,9001 -4 600 -4,000 Z 2,700 21 300 48,4001 76,500 66 600
056+56
423 4,6001 6,500 -5,400 -6,800 400 -2,700 14,900 41,400 76,600 66,700
060+51
510 -4 900 -7 300 -6 700 -9 5 -11 2 0 -8 000 9,700 35,600 66,500 56,600
065+50
423 -5 100 -8 000 -8 000 -12 300 -15 200 -13,300 3,600 28,700 53,700 43,800
069+46
442 -6100 -9 500 -1 00 -16 400 -20 900 - 1 100 -5,700 17,9001 37,900 26,800
073+39
516 -9 300 -14 20 -16 200 -25 000 -31 300 -34, 0 -21 700 -3,200 12,400 -2 900
076+37
611 -1 i 800 7 800 -21 900 -33 100 -41 100 -46 500 -38 500 -27 200 -1 S 100 -34 600
084+16
S 471 -11 -17 600 -22 500 -35,300 -44 500 -52,000 7,000 -39 900 -29 500 48,900
O 088+23
455 -11 800 -17 400 -22,700 -36 800 46,900 55,900 -5 00 -47,600 -41,000 -59,300
U 092+15
t 536 42,000 -17 900 -23 800 -39 400 -50,600 -61 000 -57 20 -54,200 -56,600 -74,300
h o97+10
525 -12,000 -17 800 -23 900 -41 000 -53,200 -65,200 -62 100 -62 600 -75 700 -94 100
102+08
436 -12 600 -18,200 -24 600 43,000 -56 200 -69 700 -67 100 -73,100 -96,200 -116 700
106+00
400 -13 500 -19 000 -26 100 -45 700 -59 700 -74 600 -72,400 -83 800 -115 300 -138 900
110+00
a 388 -13 400 -18 600 -26 000 -46 500 -61 200 -77 100 -74 900 -90 700 -127 400 -154 900
C 114+00
h 407 -13 100 -17 900 -25 400 -46 S00 -61 700 -78 200 -74 600 -93 800 -134 200 -169,200
118+00
413 -13,200 -18 100 -25 800 47,400 -62 900 -79 900 -74 00 -96 700 -140,500 -184 700
122+00
405 -13,300 -18,500 -26,6001 48,700 -64 500 -81 900 -74 000 -99,600 -146 900 -200,200
126+00
405 -13 300 -18 800 -27,3001 49,9001 -66 000 -83,600 -72 200 -100 100 -150 900 -212,100
e
21
5wtq�' inc.l��'/v[
At C)Fm-1&.2522
Wldm ykn,AoWA%tatrm 28402
3W.990-452-0001
9wa Se J&d Ya&:t4
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�. 3 W &n,.tee 38403
14 August 2003
Ed Brooks
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington,NC 28405
RE: CAMA Major Permit application
The Point subdivision, Brunswick County
Dear Ed:
Please find enclosed a revised plan for the proposed wastewater systems, as requested in
our 8/14/2003 phone conversation. If you have any questions, please feel free to contact
me at 910-452-0001.
Sincerely,
1�4/
Laura Stasavich
Environmental Scientist
cc: Mike Hargett, applicant
3CPHVE
AUG 14 2003
DIVISION OF
COASTAL MANAGEMENT
IL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 12, 2003
Land Management Group. Inc.
Attn: Laura Stasavich
PO BOX 2522
Wilmington, NC 28402
RE: Permit Application - The Point Subdivision
Dear Ms. Stasavich:
On July 1, 2003, we received a CAMA Major Permit application for The Point Subdivision. The
application, submitted on your client's behalf(John Sutton and Stewart Cooke), is for the construction of an
access road and utilities to serve six (6) new residential lots at the end of Kings Lynn Dr., adjacent to the
Atlantic Ocean and Lockwood Folly Inlet, at the west end of Oak Island, in Brunswick County. Per our
telephone conversation on 8/12/03, we are still awaiting the submission of the remaining additional
information requested in our fax letter of 8/6/03, showing the individual areas for the septic system
drainfields. Once we have received this information to complete your application, we can begin processing
your request. Additional information may be required pending further review by the fifteen (15) review
agencies.
If you have any questions, please feel free to call me at my Wilmington office (910) 395-3900.
Sincerely,
1 L
E. F. Brooks
Field Representative
Attachments
cc: Jim Gregson, DCM
Doug Huggett, DCM
Mike Hargett, Agent
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
Y'and 5WMA, Inc.
&U(l lXr/�L��ll IU/U.O
At O)pm'�6 2522
%dwhW",✓Ya A%w"a 28402
3d'-9110-45,2-0009
9&1&dY..4&d 9W&0
SPA' 4J 0f�9-A
3805 9(14*4&Vi&, Mum
°Wilmeimytm,.i1f8 28403
12 August 2003
Ed Brooks
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405
RE: CAMA Major Permit application
The Point subdivision, Brunswick County
Dear Ed:
Please find enclosed a revised plan for the proposed wastewater systems, as requested in
our 8/12/2003 phone conversation. If you have any questions, please feel free to contact
me at 910-452-0001.
Sincerely,
A44��--
Laura Stasavich
Environmental Scientist
cc: Mike Hargett, applicant
-f"ECEIVED
G 12 2003
C'�Jn �d 5WMA,
&
9Zd U)fwe Ax-05,22
WdmMy&n,../YWA%iaedma 28402
Mel•9110-452-0001
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9V 99,964.,,N«ueon 3805�Wi0&*;&,Wwnue
8 August 2003
Ed Brooks
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington,NC 28405
RE: CAMA Major Permit application
The Point subdivision, Brunswick County
Dear Ed:
Please find enclosed the additional information requested in your 8/6/2003 letter
regarding the above-referenced permit application. Specifically, I have enclosed:
1. A revised site plan with the updated survey information you requested. I have
included two version of the site plan, one at a 1"=200' scale and one at a 1"=100' scale.
2. Details of the proposed wastewater systems.
3. A copy of the AEC Hazard Notice Form, which has been signed by the owner.
4. A letter from the Town of Oak Island confirming that the waterline in Phase I and II
of the King's Lynn is a private line.
Sincerely,
Laura Stasavich
Environmental Scientist
cc: Mike Hargett, applicant
OR8oand
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 6, 2003
Land Management Group, Inc.
Attn: Laura Stasavich
PO BOX 2522
Wilmington, NC 28402
RE: Permit Application - The Point Subdivision
Dear Ms. Stasavich:
On July 1, 2003, we received a CAMA Major Permit application for The Point Subdivision. The
application, submitted on your client's behalf(John Sutton and Stewart Cooke), is for the construction of an
access road and utilities to serve six (6) new residential lots at the end of Kings Lynn Dr., adjacent to the
Atlantic Ocean and Lockwood Folly Inlet, at the west end of Oak Island, in Brunswick County. The attached
checklist indicates the deficiencies of your permit request. If you respond within three working days from the
date of this fax or E-mail with the required additional information, processing of your application will
promptly continue and will not be placed on hold. If you are not able to respond within three days, your
application will not be accepted as complete for processing. Additional information may be required pending
further review by the fifteen (15) review agencies.
If you have any questions, please feel free to call me at my Wilmington office (910) 395-3900.
Sincerely,
'ems
E. F. Brooks
Field Representative
Attachments
cc: Jim Gregson, DCM
Doug Huggett, DCM
Mike Hargett, Agent
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
July 19, 2002
Mr. Edward Brooks Ms. Donna Moffitt, Director
Division of Coastal Management NCDENR Division of Coastal Management
127 Cardinal Dr. Extension Hestron Plaza I1, 151-B Hwy 24
Wilmington,NC 28405 Morehead City,NC 28557
Dear Mr. Brooks and Ms. Moffitt,
I would like to take this opportunity to provide you with information that is pertinent to an
expected application regarding a CAMA permit for a six house subdivision at the most western
tip of Oak Island,N.C. referred to as"The Point."
I am appealing to you to consider the hazards inherent in this proposed subdivision which
include: (1)undocumented recent rates of erosion estimated at 400 feet in three years; (2)the
persistent headway of a new inlet at the tip of the island, and (3)placement of the proposed
subdivision in the most vulnerable type of ocean hazard area, i.e.,the tip of a barrier island. It is
my contention as well, that the subdivision does not conform to the Town of Oak Island CAMA
Land Use Plan as described in the second bullet of my attached letter dated 5/2/03 to Mayor
Horace Collier and the Oak Island Town Council.
With regard to an inlet, "a good rule of thumb is to keep at least a half mile away. Some inlets
migrate over a mile." (The Beaches are Moving; Wallace Kaufman & Orrin H Pilkey, Jr.)
I have attached excerpts from this book regarding inlets.
I request that Recommendations 1, 2 and 3 outlined in my 5/2/03 letter be implemented by
CAMA as a necessary step in making a prudent decision regarding approval of the proposed
subdivision.
Your consideration of the above pertinent issues would be greatly appreciated.
Sincerely,
Virginia L. Campbell
6602 Kings Lynn Drive
Oak Island,NC 28465
Tel & Fax 910-278-9172
Email- vcampbell@ec.rr.com
Attachments:
1. 5/2/03 Ltr from V. Campbell to Mayor Collier& Oak Island Town Council
2. 6/3/03 Ltr from A. Barkley to CAMA Permit Officer
3. Six aerial photographs showing recent erosion of The Point
4. State Port Pilot articles dated 5/25/03 regarding The point
5. Excerpts from"The Beaches are Moving"
�OF W A 7- �Q Michael F. Easley, Governor
{
Division of Water Quality
William G. Ross, Jr., Secretary'y North Carolina Department of Environment and Natural Resources
r
> � Alan W. Klimek, P.E., Director
Wilmington Regional Office
June 20, 2003
Messrs. John V. Sutton & Stewart F. Cooke
20 East 2nd. Street
Ocean Isle Beach,NC 28469
Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
The Point Subdivision
Stormwater Project No. SW8030607
Brunswick County
Dear Messrs. Sutton and Cooke:
On June 6, 2003, the Wilmington Regional Office received a copy of a CAMA Major
Permit Application for The Point Subdivision. The North Carolina Administrative Code requires
any project that must receive either Sedimentation and Erosion Control Plan approval and/or a
CAMA Major permit to apply for and receive a Stormwater Management Permit by the
Division of Water Quality. Any construction on the subject site,prior to receipt of the required
permit,will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate
enforcement action by this Office.
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than July 20,
2003. Failure to respond to this request may result in the initiation of enforcement action, and
construction may experience a subsequent delay.
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor. Please reference the Project Number
above on all correspondence. If you have any questions, please call me at (910)-395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\STORMSUB\030607.Jun
cc: Delaney Aycock, Brunswick County Building Inspections
Caroline Bellis
Laura Stasavich, Land Management Group, Inc.
Linda Lewis
Central Files
ORNR
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 (910)395-3900 Fax(910)350-2004 Customer Service
800-623-7748
i
HENRY A. MCKINNON, JR. 0/v'l/L
1017 RIVERSIDE BOULEVARD \�(\A YNI
CAROLINA
28358
June 18 2O03
CAMA Permit Officer
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington NC 28405-3855
Ms. Donna Moffitt, Director
NCDEZNR, Division of Coastal Management
151 B, Highway 24
Morehead City NC 28557
Dear Madam and Sirs,
I have read reports in the State Port Pilot about the recent preliminary
approval by the Town of Oak Island and of the applications to your agencies for
approval of a residential development at "The Point" on Oak Island, and have
heard considerable discussion locally about these activities.
My two brothers and I have owned a residence at 6334 King's Lynn Drive,
about one-half mile from The Point, since 1973, and before that my family owned
property on the east end of Oak Island since 1947, the house there being
destroyed by Hurricane Hazel. We have been regular visitors to Oak Island
since then and have had the opportunity to know the many changes there.
In about 1975 the entire Point area was washed away by an unnamed
storm, destroying the end of the then loop road and some of the largest dunes on
the island, and we have observed the gradual rebuilding of the area that is now
the subject of the proposed project.
Although development may not have material effects on our property, as
citizens and taxpayers we want to record our protest and objection to any
approval. It seems that it would be misleading for any government agency to
approve the use of this property for any type of building, and that it would be
foolhardy for anyone to build there with the knowledge that we have of what has
happened within the last thirty years. In addition, there are material advantages
to having the property preserved as a natural resource from many standpoints.
incerely,
Henry . McKinn n, Jr.
w
Copy: Mayor Horace Collier
Town of Oak Island
4601 E. Oak Island Drive
Oak Island NC 28465
RECEIVED
�C a.1522 J U N 0 6 2003
Wdma ,✓YA W,k" 28402 BY:
rl•910-452-0001
Y.y
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Wldm ny" M 28401
6 June 2003
Caroline Bellis
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405
RE: CAMA Major Permit application
The Point subdivision, Brunswick County
Dear Caroline:
Please find enclosed a CAMA Major permit application for The Point subdivision,
located in the Long Beach area of the Town of Oak Island. The adjacent landowners
have been notified and the green card receipts will be forwarded to you as soon as they
are received. If you would like to discuss this application or review the site, please
contact me at your convenience.
Sincerely,
Laura Stasavich
Environmental Scientist
cc: Mike Hargett, applicant
Enclosures: application forms, DCM-MP 1&3
application figures, sheets 1-6
narrative, deed, agent authorization letter, adjacent notification letters
R
1
June 3, 2003
CAMA Permit Officer
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Permit CAMA Officer,
I write to register deep concern and opposition to a development plan I understand has been or
(soon o will be) submitted to CAMA regarding a permit for a six-lot subdivision at The Point on
Oak Island,NC.
My family has vacationed on Oak Island since the late 1960's. Like several Greensboro families in
those early years, we found the pristine beauty of what is now includes the area known as King's
Lynn equal to any on the eastern US coast. The area around the inlet, pointing toward Holden
Beach and known today as The Point is one that has always given nearby residents pleasure as
well as townspeople from further down the island.
For the first 20 summers, our family rented one of two houses in King's Lynn. After that we
purchased a house in a time share arrangement with other families in the 5900 block of West
Beach Drive. Just this past summer, a new generation of Barkleys purchased a lot across the
street from the time-share. They now will build a house to carry forward the happy traditions of
almost forty-five years. Our family history at Oak Island continues to be a good investment, both
emotionally and economically. In each, concerns about the environment play an increasing role.
Over the years, we have witnessed first hand the fragility of this barrier island on which"our"
beach and The Point are features. The island and the inlet are "dynamic environments," constantly
shaped and reshaped by nature's own relentless winds, waves, storms and currents. Indeed, the
land that forms the westernmost end of Oak Island was"cleared" in the mid-1950's by Hurricane
Hazel, a dramatic reminder that things meant to change over time become much more vulnerable
when human changes take precedence over nature's.
Sadly, most of us know but pay too little attention to our environmental responsibilities until a
place we love becomes endangered. This is now happening to The Point on Oak Island where a
group of developers have plans to build a subdivision. It is very troubling to note, that even after
viewing ariel photos provided by the Corps of Engineers, the absence of any response or concern
by the developers regarding erosion already underway. This erosion affects a portion of the total
25 acres to be gifted to the town as part of a"compromise" agreed to by attorneys involved.
As one of the 285 persons who signed the petition opposing the current planning board's
recommendation to accept the available land at the Point as a new subdivision, I find I have many
questions with very few if any answers. I understand that final acceptance of the developers' plan
may still has a way to go; in the meantime I should like to raise the following questions. y '� i
N 2003
(,-08,S 6AL, MANAGEMENT
By what authority have the developers and the town council ignored the 1997 "The Point: A
Management Plan for a Fragile Coastal Resource" which I understand was mandated by the state
of NC?
How does the current proposal for a new subdivision at The Point differ legally from two other
proposals already rejected from the same developers?
What has changed or improved enough environmentally such that it might be safe to build now?
Given, for example, that most of the19 acres(of the 25) developers propose to give to the town
are underwater, how will the developers ensure the necessary open space and/or adequate
drainfield for septic tanks which are regulations in the town's ordinances?
What is the rate of erosion at The Point over the past 3 to5 years? and what, if the erosion
continues at the current rate, does this mean for a new subdivision?
What evidence have the developers given they will protect the dunes/land formations at The Point
as they clear to build the subdivision?
What effect will their clearing have on the inlet and its currents?what difference will this make to
the future of The Point's new residents, not to mention the rest of the island?
How do the developers plan to tell potential buyers about this erosion and its effects? Do they?
Will the town take some responsibility for informing potential new residents about conditions at
The Point?
This is a plea for your help. I sincerely hope that you will reject developers' proposal for The
Point at Oak Island,NC.
Yours truly,
Ac " 01
Alice S. Barkley
1103 Brookside Drive
Greensboro,NC 27408
cc: Ms. Dona Moffitt
Director, NCDNR Division of Coastal Management
Hestron Plaza II
151-13 Hwy. 24 LA
E-16
Morehead City,NC 28557 � ll J
1 �'. N 6 2003
V3ANAGEMENT
May 2,2003
To: Mayor Horace Collier
Oak Island Town Council(Scott King;Ed Kivette; Jim Locke, Dick Marshall, Vance
Hamilton,Joe Jacquet)
From: Virginia Campbell, Oak Island Resident
6602 Kings Lynn Drive
Re: Development of the Point
Subject: Consideration of Preliminary Plat to Develop a Six Lot Subdivision at the"Point" dated
4/8/03
I would like to offer my comments and recommendations regarding the subject proposal since I
am unable to attend the Town Council meeting on May 13.
INTRODUCTION
It should be noted that the Point is an irreplaceable natural resource of Oak Island,which is
valuable to both its residents and visitors. The development of the Point has continually eroded
the open space,which at one time was deemed unbuildable because of the inherent dangers of
erosion and storm damage. It is with this in mind that I offer the following comments.
COMMENTS
I have only recently become aware of the April 8,2003 proposal to further develop the Point at
the extreme western tip of the beach strand of Oak, Island,probably the last open space on the
beach on Oak Island. I have endorsed the"Petition to Oppose Recommendation of the Planning
Board to Allow a Six-lot Subdivision on the remaining land at the Point"which I incorporate by
reference. However, I would like to make several,additional points.
By letter dated 4/l/03 to Mr. Bob Grant,Asst. Town Manager of Oak Island,Mr. Michael
Hargett asserted that the subject plan complies with all ordinances,plans and policies of he
Town. It is the opinion of a number of Oak Island residents that the opposite is true,as follows:
* The plan does not maintain an appropriate balance between needs of the local economy and
the requirements for a healthy environment, since it will have a small economic impact to the
Oak Island economy compared with the potential damage of an irreplaceable and quickly
disappearing parcel of seashore.
* The plan definitely does not manage the community lands best suited for development in that
the Point is a fragile, environmentally sensitive land,which is inappropriate for development due
to severe erosion, potential hurricane damage,and the requirement for an unspecified portion of
the area to be donated to the Town to be used for a waste water disposal system. The Plan is in
direct opposition to the Town of Oak Island CAMA Land Use Plan. The Point is an ocean
#_ I
hazard area, which includes "lands along the Atlantic Ocean shoreline where,because of their
special vulnerability to erosion or other adverse effects of sand, wind and water, uncontrolled or
incompatible development could unreasonably endanger life or property. These areas include
beaches, frontal dunes,inlet lands,and other lands with excessive erosion or flood damage." It
appears that these areas have not been recently mapped. The plan does optimize the benefits to
its owners,but seriously diminishes the use of the open space to the local residents of and
visitors to Oak Island.
* The plan does not maintain access to the amenities of the coastal environment in that the part
of the parcel to be donated in the Plan is quickly eroding which will, in the not too distant future,
drastically reduce the total public coastal environment and beach access at the Point.
* The Plan drastically increases the level of unreasonable risk to people and particularly
property due to the current,undocumented erosion rate, storm damage, and risk of waste
pollution due to damaged or failing septic systems.
* The Town has not implemented its long-term plan to acquire the property at the Point. Any
such negotiations should be based upon the value of the property adjusted either for: (1)the fact
that it is an area that the Town had excluded from further development, or(2)the value of the
property immediately prior to the adoption of either the Land Use Plan or the Point Management
Plan or any other Town Plan which describes the intended restrictions for development of ocean
hazard areas.
RECOMMENDATIONS
It is recommended that any approval for further development of the Point including the Plan be
conditioned upon the following:
1. The resurvey and review thereof of the acreage of the Point to determine the actual, current
amount of acreage at high tide which has been significantly reduced during the last two years due
to erosion. This reduction may materially alter the actual amount of acreage to be donated to the
Town under the Plan. The calculation of the acreage to be donated to the Town should exclude
the expected area needed for a waste water system as proposed in the Plan
2. Resurvey/review the location of the frontal dune system, and the shoreline change last
mapped in 1992 referred to in Note 3 on page 11 of the Point Management Plan. This Report
states that the beach at the point is accreting at an average rate of up to 5 feet per year. Currently
this is woefully incorrect since there has been major erosion in the last three years.
3. Computation of the approximate, expected erosion rate of the Point.
4. Computation of the cost to the Town of building an additional road,water sewer, and most
importantly,the cost to the Town of rebuilding this infrastructure if damaged by hurricane.
These amounts should be compared to the anticipated revenue to be received by the Town from
such development.
I encourage you to carefully consider the consequences of approving the proposed Plan, and urge
you to deny it at this time. The Plan unduly benefits the present owners of the property with
insufficient regard to the loss of one of the last treasures of Oak Island.
JUL 3 62
DI\/jSj0j14 op �J
COA��Ar iVfANAC,' for
P. 1
} COMMUNICATION RESULT REPORT ( AUG. 18.2083 1: 13PM ) '�
TTI NCDENR WIRO
FILE t11--1DE OPTION ADDRESS (GROUP) RESULT PAGE
----------------------------------------------------------------------------------------------------
'R45 MEMORY TA 3-9104579427 OK P. 21112
----------------------------------------------------------------------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
NCDENR
Forth Carolina Department of Environment and Natural Resources
Division of Coastal Management William G. Ross Jr., Secretary
Michael F. Easley,
Governor Donna D. Moffitt, Director
August 18, 2003
FAX: 910-457-9427
2 Pages
State Port Pilot
Legal Advertisement Section
Post Office Box 10549
Southport, North Carolina 28461
Re: public Notice - John Sutton L' Stewart Cooke
Dear Sir:
Please publish the attached Notice in the Wednesday, August 20, 2003, issue•
requires an original Affidavit of Publication prior to pa}znent
The State Office of Budget and Management it, published notice, and an original
for newspaper advertising. Please send the anavement, 1638 Ma original l ServY Of ihce Center, Meigh, North Carolina
invoice to Chris Pope, Division of Coastal Man g
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on August 14, 2003.
According to said application, John Sutton & Stewart Cooke - The Point Subdivision,
at the west end of Kings Lynn Drive, adjacent to the Atlantic Ocean and the Lockwood Folly
Inlet, in the Town of Oak Island, in Brunswick County propose to extend an access road and
potable waterline (6") from the end of Kings Lynn Drive to access six (6) new residential lots.
A copy of the entire application may be examined or copied at the office of
Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North
Carolina 28405, (910/395-3900) during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management,
1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to September 10, 2003, will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment
by the public and state and federal agencies. Notice of the permit decision in this matter will
be provided upon written request.
{
f�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 18, 2003
FAX: 910-457-9427
2 Pages
State Port Pilot
Legal Advertisement Section
Post Office Box 10548
Southport, North Carolina 28461
Re: Public Notice - John Sutton & Stewart Cooke
Dear Sir:
Please publish the attached Notice in the Wednesday, August 20, 2003, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sinc rely,
r.
Linda Painter
Coastal Management Secretary
Enclosure
cc: Doug Huggett
Chris Pope
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
49A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 15, 2003
John Sutton and Stewart Cooke
20 East 2' Street
Ocean Isle Beach, NC 28469
Dear Sirs:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
The Point subdivision located adjacent to the Atlantic Ocean and Lockwood Folly Inlet, at the west end of Oak Island,
in Brunswick County. It was received as complete on 8/14/03, and appears to be adequate for processing at this time.
The projected deadline for making a decision is 10/28/03. 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.
If this agency does not render a permit decision within 70 days from 10/28/03,you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting
will be held within five working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of
your proposed development. You should post this notice at a conspicuous point along your property where it can be
observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one
into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal review
agencies for their comments. If additional information is required based on this review, the agencies may contact you
directly.
Si er y,
cc: Doug Huggett, DCM E. F. Brooks
Jim Gregson, DCM Field Representative
Kerri Knight, LPO
Henry Wicker, COE
Laura Stasavich, Agent
Mike Hargett, Agent
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
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PS Form
:00 January 2001
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BY - BX 1038 PG06 15
"rill
JRLft.S,.1c1: C111Y ei-22-ss mc 71me.B."sod
12s's
T Parcel Identifier No.
V ;nty on the day of
Ir op Pau
fj , !NA 04 , Real Estate
Excise Tax
Mail after recording to
This instrument was pren2red IT S. Leigh Rxlerba*IV
Brief description for the Index
NORTH CAROIINA G VAL.N"W
I r DEED
THIS DEED made this 13th day of and bet—ea
GItA.%*TOR \/GILANTEE
IMJG*S um, 114C..a Nxd Carolina an F- COOKE and wife,
TABETIIA R- COOKE; and
WIN V. SUTTON, JR. and wife,
ERT L- SUTION
e'0 C.
e"'fe- Fe"14 7
0 C, I— STUARTS T
;4 1 114.". ,.#7
The 1di irnati';t�G r, Grantee as pj'ci herein shall include said parties,their heirs,succrssurs,and n3signs,and
s"I -
.rI.de sin 1. culi .feminine or neuter as required by cunt-Xt
- r.
W 'ESS t he ntor, for a valuable 0-1-sidEmli-to paid by the Graniet, the receipt of which is hereby
ft ar awleed,has a y e prcxcnts does grant,harguin.sell and convey unto the rrantee in fee zimPb`4 All that
CrLui 1.4 o la land sit ted in the City of LrM Beach . Township.
aunty.North Carolina and—parti-1.03,d—ril-d
2.A. containing 4.52 acm,=e ar lass. Sectim 3.cxcfueing 13-42 acres,
time Seccim 3-A. cxzainiM 20.43 acres, a. or less, 1--im 4. ar"blifig 10-09
or 3ew. and Swticn S. ccrd:airdrq 18-BB acres.m=e or less.as dr6n En a ph !.
entitled IGM's LIM.Inc. F—uang Acreage'prepared bY Bn--rk Slrvey3N.
fbLeTbEr 39, IBM a de id xmc= d in ft Cabinet W. Page 295, in the&UW-d&QXMY PAW=W.'
idth all.ripaman and accreave riglits that;we aP=J3mM ID fiend jested in
the Gmnb=-
SME X0 EXrEK a panzl conveyed to Brureack Oxxity by deed rec=*d in W&50, Page E02,
in the&Umdi&Qxy"Flagistry-
Im A:jK cj--. GO
sad .4
001 -Vic,
-4 cam-- A A 53 W.2. a---
3�0 005 21
-
P rinpn 0—S—K.C—.,.C 016.2-1141
BRUNSWICK COUNTY RC 01/15/99
1f
$400.00 Brunswick Count
sac OR y--Register of Deeds
t1pLIMA �'?, Real Estate Robert J. Robinson
CAP F k Excise Tax Inst 111213 Bo 1274Page ae8
01/15/1993 01;36p Re lil'iy
Excise Tax Recordm' 1roc.DoDo od Pape
Tax Lot No. Parcel Identifier No. 25 OUy�Y
Verified by - .... County on the
by .. . _.
Mail after recording to
This instrument ivas prepared by Baxley and Trest, Attorn ys t Law
Brief description fur the Index Tract B, Sha Ott TO nsh
NORTH CAROLIN �NL 'A t RANTY DEED
THIS DEED made this �oZ day of an y 1999 by and between
GRANTOR GRANTEE
HARRY 1. ROBISON, Trustee t LARRY S. SPAINHOUR and wife,
Harry I. Robison Revocab T st REBECCA K. SPAINHOUR
Agreement dated 10/11/9 ; 0%
undivided interest and NE 402 - 34th Street
ROBISON, Trustee of the J e M. Sunset Beach, NC 28468
Robison Revocabl r en
dated 10/11/90• a 5 and id
interest and R I. i5
and wife, Ja Robison (b h
Individually) ,
T�!�!.i-�_..�'�. •'�yl[�wy�r/mil��
Enter to appropr a hi for name: d e
7 ad r u,and,if appropriq[e,elurada of entity,e.q.rorporalln;;or parinerahlp.
T designation itor it Grantee as used herein shrill include Enid plal'ties,tlll'ir heirs, slit.'!'ea961'n,and ussigns, ll tld
ahal 'eel ulaq plu 1, manculine, feminine air- neuter as required by context.
N ET that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
ac wit d, and by these presents does grant, bargain. sell and convey unto the Crantee in fee simple, all lhnt
c lain t or rc of hand silnated in the City of Shallotte Tnarnship,
un ick County.North Carolina and more particularly described as follows:
FI ST TRACT: BEING all of Tract 8 containing 0.884 acres, more or less, as more
r cularly described in a survey plat dated April 6, 1992 by Jan K. Dale, RLS,
an recorded in Map,EA'Inet X, Page 14, Brunswick Registry.
y,.
SECOND TRACT: Toii'e is also conveyed a right-of-way for purposes of ingress and
egress over and;.bpon those certain deeds of easement recorded in Book 526, Page
1 and Book 711.6 Page 343, Brunswick Registry.
^ 6dt a
F
EMENT
au; cti•;oFD