HomeMy WebLinkAbout159-03 Avalon Oaks, LLC 1 .
FEC
Permit mber
1
STATE OF NORTH CAROLINA
0113
Department of Environment and Natural Resourc
D and
Coastal Resources Commissio
VLrmit
RAl�QH MEN
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Avalon Oaks, LLC, 1821 Avalon Oak Avenue, Wilmington, NC 28409
Authorizing development in New Hanover County at Atlantic Intracoastal Waterway, Myrtle
Grove Sound, Wilmington , as requested in the permittee's application dated
4/14/03, including attached workplan drawings (8)
This permit, issued on November 4, 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.
1) The workplan drawings applicable to this permit are as follows: Sheet 6 of 11 dated revised 3/31/02; Sheet 7 of
11 dated 4/2003; Sheet 8 of 11 dated 5/30/02; Sheet 9 of 11 dated I1/14/02; Sheet 10 of 11 dated 2/27/03; 404
Jurisdictional Boundary Survey dated 7/30/02; and Sheet 11 of 11 dated 2/28/02.
Subdivision Development
2) This permit authorizes only the construction of common asphalt driveway and cartpath,community pier access, 6-
slip docking facility, two gazebos, that is expressly and specifically set forth in the permit application and
depicted on the attached workplan drawings. Any additional land disturbing activities for additional
infrastructure 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.
onna D. Moffitt, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006 ALAI o h
In issuing this permit, the State of North Carolina agrees All'"
All-
that your project is consistent with the North Carolina Coastal '/
Management Program. Signature of Permittee
Avalon Oaks, LLC Permit# 159-03
Page 2 of 4
ADDITIONAL CONDITIONS
3) This permit authorizes a maximum impervious area of 11% within the 575-foot Outstanding Resource
Water(ORW) Coastal Shoreline Area of Environmental Concern (AEC).
NOTE: In accordance with 15ANCAC 07H .0209(g)(1) any future development shall limit the built upon
area in the AEC to no more than 25 percent.
4) In accordance with 15ANCAC 07H .0209(g)(1)(A) development within ORW coastal shorelines shall
have no stormwater collection systems.
5) No coastal wetlands will be excavated or filled.
6) No excavated or fill material will be placed in any location or in any manner so as to impair surface
water flow into or out of any wetland area.
7) The fill material shall be clean and free of any pollutants except in trace quantities.
8) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Sedimentation and Erosion Control
9) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
10) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
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
11) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8030725 on 9/23/03. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
Community Docking Facility
12) In accordance with 15A NCAC 7H .0208 (b) (6) (D) which states that "the combined area of all "T"s,
finger piers, platforms, and decks must not exceed a combined total area of four square feet per linear
foot of shoreline", the proposed project is allocated 584 square feet of platform size. As currently
proposed,the total area of platform equals 603 square feet. Prior to the initiation of construction of the
docking facility, the applicant shall submit for Division of Coastal Management approval a revised plat
that assures compliance with 15A NCAC 71-1 .0208 (b) (6) (D).
L
wage, whether treated or untreated, shall be discharged at any time from any boats using the
g facility. Any sewage discharge at the docking facility shall be considered a violation of this
for which the permittee is responsible. This prohibition shall be applied and enforced throughout
ire existence of the permitted structure.
Avalon Oaks, LLC Permit# 159-03
Page 3 of 4
ADDITIONAL CONDITIONS
14) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, may become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
15) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
16) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
17) In accordance with 07H .0209(d)(10), any portions of the permitted access pier constructed within 30
feet of the normal water level (Public Trust Shoreline AEC) shall be elevated, slated and made of wood.
The access pier must not exceed six feet in width.
18) The authorized covered gazebo built over water shall not be enclosed. Any material used on the sides
shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with
benches and knee walls are permitted. Lattice is specifically excluded from being used under this
authorization.
19) The roof of the covered gazebo built over water shall not be designed for second story use.
20) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
21) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
22) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
23) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
24) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
Avalon Oaks, LLC Permit# 144-03
Page 4 of 4
ADDITIONAL CONDITIONS
25) This permit authorizes a maximum of 6 boat slips. At no time shall more than 6 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
NOTE: Boats utilizing the docking facility will be subject to frequent wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the structure and the safety of moored boats. The permittee-shall not hold the
State of North Carolina or the United States liable for any damage to the structure or moored
boats.
26) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
General
27) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
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 assigned the proposed project DWQ Project No.
030725.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200300915.
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
November 5,2003
Avalon Oaks,LLC
1821 Avalon Oak Avenue
Wilmington,NC 28409
Dear Sir or Madam:
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,
DPglw� uggett
Major Permits and Consistency Manager M
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: Avalon Oaks/Bruce Jackson
2. LOCATION OF PROJECT SITE: Off Myrtle Grove Rd., at Avalon Ave. in the Avalon Oaks
Subdivision, adjacent to the Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover
County.
Photo Index - 2000: 21-263, M,N,O,P,Q 19-20 1995: photos unavailable
1978: 4-178-20, D,E,F,G,H,I 10, G,H,I 11
State Plane Coordinates - X: 2341466 Y: 136459 Rover file: 0-050814A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 5/8/2003
Was Applicant Present -No
5. PROCESSING PROCEDURE: Application Received - 4/21/2003, completed on 6/3/2003
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover County
Land Classification From LUP - Conservation/Resource Protection
(B) AEC(s) Involved: PT, EW
(C) Water Dependent:Yes
(D) Intended Use: Community residential
(E) Wastewater Treatment: Existing - None
Planned - Municipal sewer
(F) Type of Structures: Existing - Six (6)private lots, road, utilities,
Planned - Single family residences and community pier
(G) Estimated Annual Rate of Erosion: N/A
Source -N/A
. 7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands - Shaded 972 sq.ft.
(B) Non-Vegetated Wetlands - Open water 2,179 sq.ft.
11 (C) Other- High ground disturbance 32,490 sq.ft.
(D) Total Area Disturbed: 35,641 sq.ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a community pier, a six (6) slip docking
system, six (6) boat lifts, one (1) detached(free standing and located upland of coastal wetlands) and one
(1) attached gazebo (fixed to pier), an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision. The proposed construction is for the use and enjoyment of
the future property owners of the Avalon Oaks Subdivision.
Avalon Oaks Subdivision
Page Two
9. PROJECT DESCRIPTION:
The project site encompasses approximately 2.8 acres and is located off Avalon Ave., between Myrtle
Grove Road and Myrtle Grove Sound, in Wilmington, New Hanover County. The subdivision plan
includes six (6) individual lots and a community pier and docking system. The site has been cleared,
however no homes have been built on any of the lots. By ordinance, New Hanover County requires any
new subdivisions to install the sanitary sewer system as part of the development costs. At completion, it
becomes part of the County's system. Due to the size of the individual tracts, the landowners have not
been required to obtain a Sedimentation and Erosion Control permit. The subdivision is bordered to the
north by the newly developed Windy Hills Subdivision. To the east lies the Intracoastal Waterway
(ICWW) and Myrtle Grove Sound. Residential properties border the site to the south and west. The
understory vegetation at the project site has been mowed and the remaining highground vegetation
includes mature Loblolly and Long-leaf Pine, Oak, Sweet Gum, Red Maple, Magnolia, Wild Cherry and
Red Cedar. The areas of Federal wetlands (404 type) have been delineated and approved by the US
Army Corps of Engineers. Adjacent to the shoreline, there is a border of coastal marsh, approximately
100' wide and 360' deep. The marsh vegetation is primarily Smooth Cordgrass (Spartina alterniflora) and
Glasswort (Salicomia, spp.). The marsh transition toward highground exhibits high coastal marsh
vegetation, including, Black Needle Rush (Juncus roemarianus), Spike Grass (Distichlis spicata), Sea
Lavender(Limonium, spp.), and Salt Meadow Grass (Spartina patens). The width of the ICWW in the
area of the project site is approximately 660' from marsh edge to marsh edge.
The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The waters of
the ICWW in the vicinity of the project site are classified as Outstanding Resource Waters (ORW)by
the NC Division of Water Quality. The area is designated as a Primary Nursery Area by the NC
Division of Marine Fisheries, and is CLOSED to the taking of shellfish. A storm water permit
(SW#8030427) has not yet been issued for this subdivision.
The applicant proposes to construct a community pier, a six (6) slip docking system, six (6) boat lifts,
one (1) detached(free standing and located upland of coastal wetlands) and one(1) attached gazebo
(fixed to pier), an asphalt cart path for dock access and a common asphalt driveway for access to three
lots within the subdivision. Development of the subject site, starting at the most landward location,
includes a 500'x 12' asphalt driveway that will provide access (through the center of the property and
then through the pedestrian access easement) to the pier/docks. The driveway will be accessible from
Windy Hills Drive and will run approximately 100'towards the south. The driveway will then turn
ninety degrees and run from west to east along the southern property line. The driveway will terminate
approximately 15' from the most upland area of coastal wetlands. The terminal end of the asphalt
driveway will immediately transect a wooden boardwalk(approximately 10'x 15') that will lead to the
fixed elevated pier. A 12' x 20' covered gazebo is being proposed adjacent to the terminal end of the
asphalt drive. The fixed pier will begin along the upper end of the coastal marsh and will extend
approximately 400' in an easterly direction. The pier decking will be elevated at least 36" from the floor
of the coastal marsh. Approximately 315' of the pier will be located over coastal wetlands and the
remaining 85'will be located over open waters. The applicant has proposed a 12'x 14' covered gazebo
along the eastern end of the pier. Waterward of the gazebo, there will be a 4'x 16' access ramp which
leads down to a 5'x 55' floating dock. The floating dock will be intersected by one (1) 5' x 20' finger
dock (located in alignment with the pier), and two (2) 4'x 18' floating docks, both of which will be
located on the southern and northern ends of the 5'x 55' floating dock. There will be four(4) 10'x 12'
boat lifts within the inner docking space and two (2) single mast boat lifts located on the outer edges of
the 4' x 18' floating docks. The terminal end of the most water ward floating dock will be approximately
1' off of the U.S. Army Corp of Engineers (USACOE) 80' setback for the ICWW and would be located
within 1/4 the width of the channel. Water depths at the terminal end of the docking system average -3.0'
to -4.0'.
10. ANTICIPATED IMPACTS
The construction of the proposed community pier, gazebo, docking facilities and boat lifts would shade
approximately 972 square feet of coastal wetlands.
The pier, gazebo, docking facilities and boat lilts would also incorporate approximately 2,179 square feet
of Estuarine Waters and Public Trust Areas.
The inland grading, gazebo, access walkway and access cart path would disturb approximately 32,490
square feet of upland vegetation.
According to the site drawings, there are two lots (4-B and 4-C) located within 575' from normal high
water(NHW). It is assumed that these two lots will be developed, however there should be no long term
impacts associated with the development of these lots. The applicant has indicated that approximately
11.5 % of the Outstanding Resource Water(ORW) shoreline will be covered by built upon area.
According to the applicant, no work, other than a 6'wide access pier, will be located within the 30'
buffer.
Submitted by: J. Dail Date: 6/11/2003 Office: Wilmington
S
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Myrtle Grove area, Wilmington NC
c. Street address or secondary road number.
1801 Avalon Ave.
a. Landowner:
Name Avalon Oaks, LLC d. Is proposed work within city limits or planning
jurisdiction? Yes X No
c/o Mr. Bruce Jackson
e. Name of body of water nearest project(e.g.
Address 1821 Avalon Ave. river, creek, sound,bay)
City Wilmington State NC Atlantic Intracoastal Waterway,
Myrtle Grove Sound
Zip 28409 Day Phone 910.763.1041
Fax 910.763.9375 3. DESCRIPTION AND PLANNED USE
b. Authorized Agent: OF PROPOSED PROJECT
Name Land Management Group, Inc.
a. List all development activities you propose
Address P. O. Box 2522 (e.g.
City Wilmington State NC building a home,motel,marina,bulkhead,pier,
And excavation and/or filling activities.
Zip 28402 Day Phone 910.452.0001 Applicant proposes to(1) construct a six-
slip community dock system and gazebo to serve
Fax 910.452.0060 six planned lots (2)install an asphalt cart path to
c. Project name (if any) provide access to the dock system(3)install one,
shared driveway to access three of the lots.
Avalon Oaks LLC
.NOTE- Permit wiffbe issued in name of b. Is the proposed activity maintenance of an
fandowner(s),and/or project name. existing project, new work, or both?
New
2. LOCATION OF PROPOSED c. Will the project be for public,private or
commercial use? Private
PROJECT
d. Give a brief description of purpose, use,
methods of construction and daily operations of
a. County New Hanover proposed project. If more sna n%0
e
'S
Revised 03/95 D
ppR I
--rM 1MANAGEMENT
Recommendations for State Permit- Avalon Oaks Subdivision
With respect to the applicable permit, I make the following recommendations:
1. This permit authorizes only the piers,platforms, dock and uses located in or over the water that
are expressly and specifically set forth in the permit application. No other structures,whether
floating or stationary,may become a permanent part of the facility without permit modification.
No non-water dependent uses of structures may be conducted on, in, or over public trust waters
without permit modification.
2. No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
3. In order to protect water quality, runoff from the construction must not visibly increase the
amount of suspended sediments in adjacent waters.
4. The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the project without having the permit transferred to a third-party.
5. The pier and associated structures shall have a minimum setback distance of 15'between any
parts of the structure and the adjacent property owner's areas of riparian access.
6. The docking facility shall not accommodate more than six(6)mooring or docking of vessels.
This restriction shall apply to all marine vessel types, including,but not limited to motor boats,
sailing vessels and personal watercraft.
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Myrtle Grove area, Wilmington NC
c. Street address or secondary road number.
1801 Avalon Ave.
a. Landowner:
Name Avalon Oaks, LLC d. Is proposed work within city limits or planning
jurisdiction? Yes X No
c/o Mr. Bruce Jackson
e. Name of body of water nearest project(e.g.
Address 1821 Avalon Ave. river, creek, sound, bay)
City Wilmington State NC Atlantic Intracoastal Waterway,
Myrtle Grove Sound
Zip 28409 Day Phone 910.763.1041
Fax 910.763.9375 3. DESCRIPTION AND PLANNED USE
b. Authorized Agent: OF PROPOSED PROJECT
Name Land Management Group, Inc.
a. List all development activities you propose
Address P. O. Box 2522 (e.g.
City Wilmington State NC building a home,motel,marina,bulkhead,pier,
And excavation and/or filling activities.
Zip 28402 Day Phone 910.452.0001 Applicant proposes to(1) construct a six-
slip community dock system and gazebo to serve
Fax 910.452.0060 six planned lots(2)install an asphalt cart path to
c. Project name (if any provide access to the dock system(3)install one,
shared driveway to access three of the lots.
Avalon Oaks LLC
NOTI Permit wiQ6e issuedin name of b. Is the proposed activity maintenance of an
fandowner(s),and/or project name existing project, new work, or both?
New
2. LOCATION OF PROPOSED c. Will the project be for public, private or
commercial use? Private
PROJECT
d. Give a brief description of purpose, use,
methods of construction and daily operations of
a. County New Hanover proposed project. If more \ se
S
Revised 03/95 D
APR 212003
Dl V1 MAN GEMENl
0 ASTA
Form DCM-MP-1 If yes, by whom?
attach additional pages.
Purpose is to provide water-dependent amenities k. Is the project located in a National Registered
to six planned private lots. Standard daily Historic District or does it involve a National
construction practices and good marine Register listed or eligible property?
construction techniques will be used. Yes X No
1. Are there wetlands on the site?_X_Yes No
4. LAND AND WATER Coastal(marsh)_X_Other_X_
CHARACTERISTICS If yes,has a delineation been conducted?—Yes
(Attach documentation,if available)
a. Size of entire tract 2.8-acres in. Describe existing wastewater treatment
b. Size of individual lot(s) avg. 0.4-acre facilities.
(17, 569 sq. ft.) County sewer
c. Approximate elevation of tract above MHW n. Describe location and type of discharges to
or NWL avg. +7' MSL or+4' MHW waters of the state. (For example, surface runoff,
Sanitary wastewater, industrial/commercial
d. Soil type(s)and texture(s)of tract effluent,"wash down"and residential discharges.)
Newhawn sand No direct discharges are requested. Most of the
work would involve installation of pervious
e. Vegetation on tract Cordgrass and needle decking for pier.Minimal run-off is expected from
rush in marsh. Live oak, red maple, wild cherry, the cart path, driveway, and gazebo proposed.
red cedar on upland.
o. Describe existing drinking water supply source.
f. Man-made features now on tract private wells
None, although access into the planned lots will
be from the existing Windy Hills Drive.
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site?(consult the local land useplan.) In addition to the completed application form,the
Conservation Transitional following items must be submitted:
X
Developed Community * A copy of the deed(with state application only)
Rural X Other or other instrument under which the applicant
(Resource protection) claims title to the affected properties. If the
applicant is not claiming to be the owner of said
h. How is the tract zoned by local government? 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
I. Is the proposed project consistent with the out the project.
applicable zoning? X Yes No * An accurate, dated work plat(including plan
(Attach zoning compliance certificate,if applicable)
view and cross-sectional drawings)drawn to scale
(A special use permit will be requested for the six-
/2
slip community dock system.) in black ink on an 8 by 11 white paper. (Refer
to Coastal Resources Commission Rule 7J.0203
for a detailed description.) Please note that
j. Has a professional archaeological assessment original drawings are preferred and on,l�,
been done for the tract? Yes_X No quality copies wil e p .- fps r
Revised 03/95
APR 21 2003
DIVISION OF
MANAGEMENT
Form DCM-MP-1 Environmental Policy Act(N.C.G.S. 113A-1 to
other larger plats are acceptable only if an 10) If the project involves the expenditure of
adequate number of quality copies are provided by public funds or use of public lands, attach a
applicant. (Contact the U.S. Army Corps of statement documenting compliance with the North
Engineers regarding that agency's use of larger Carolina Environmental Policy Act.
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently 6. CERTIFICATION AND PERMISSION
detailed to guide agency personnel unfamiliar with
the area to the site. Include highway or secondary TO ENTER ON LAND
road(SR)numbers, landmarks, and the like.
I understand that any permit issued in response to
*A Stormwater Certification,if one is necessary. this application will allow only the development
described in the application. The project will be
*A list of the names and complete addresses of subject to conditions and restrictions contained in
the adjacent waterfront (riparian) landowners the permit.
and signed return receipts as proof that such
owners have received a copy of the application
and plats by certified mail. Such landowners I certify that to the best of my knowledge, the
must be advised that they have 30 days in which to proposed activity complies with the State of North
submit comments on the proposed project to the Carolina's approved Coastal Management Program
Division of Coastal Management. Upon signing and will be conducted in a manner consistent with
this form, the applicant further certifies that such such program.
notice has been provided.
(to the north) I certify that I am authorized to grant, and do in
Name Stephen and Wendy Arnold fact, grant permission to representatives of state
Address 3722 Waxhaw Marvin Road and federal review agencies to enter on the
Waxhaw,NC 28173 aforementioned lands in connection with evaluating
information related to this permit application and
(to the south) follow-up monitoring of the project.
Name Sarah Kinsaul
Address 212 Cashua Street I further certify that the information provided in
Darlington, SC 29532 this application is truthful to the best of my
knowledge.
* A list of previous state or federal permits This is the day of , }q- VN3
issued for work on the project tract. Include permit 44��_
numbers, permittee, and issuing dates. Print Name (."A *SWlttt �t/IR�►'1N�
None known. Signature 44V�4
andowner or Autho ized Ag nt
* A check for $400 made payable to the
Department of Environment, Health, and Natural Please indicate attachments pertaining to your
Resources (DEHNR) to cover the costs of proposed project.
processing the application.
DCMMP-2 Excavation and Fill Information
* A signed AEC hazard notice for projects in _X_DCM MP-3 Upland Development
oceanfront and inlet areas. _X_DCM MP4 Structures Information
DCM MP-5 Bridges and Culverts
* A statement of compliance with the N.C. DCM MP-6 Marina Development
Revised 03/95
11JJ
APR 212003
DIVISION OF
COASTAL MANAGEMENT
Form DCM-MR3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA of MHW or NWL,or within 575 feet in the case of
Major Permit, For DCM-MP-1. Be sure to an Outstanding Resource Water, to be covered by
complete all other sections of the Joint Application impervious and/or built-upon surfaces, such as
that relate to this proposed project. pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. — 11.5 %
a. Type and number of buildings, facilities, units
or structures proposed h. Projects that require a CAMA Major
1 gazebo(12' x 20')to be elevated on pilings Development Permit may also require a
roughly 8' above ground surface Stormwater Certification. Has a site development
plan been submitted to the Division of
b. Number of lots or parcels Environmental Management for review?
Six single-family lots X Yes No
If yes, date submitted General permit to be
c. Density (give the number of residential units submitted for review concurrent with this
and the units per acre) application.
l lot/0.47-acre
i. Describe proposed method of sewage disposal.
d. Size of area to be graded, filled or disturbed County sewer system
including roads, ditches, etc.
Area to be graded on lots 4-13 and 4-C roughly j. Have the facilities described in Item I. above
20,000 sq. ft. Impervious cover from gazebo,cart received state or local approval? yes
path and single driveway estimated to total 12,490 (Attach appropriate documentation)
sq. ft. It is noted that future lots 1, 2, 3 will be
accessed from existing Windy Hills Road (to the k. Describe location and type of proposed
north). discharged to waters of the state (for example,
surface runoff, sanitary wastewater,
e. If the proposed project will disturb more than industrial/commercial effluent, "wash down' and
one acre of land, the Division of Land Resources residential discharges).
must receive an erosion and sedimentation control No direct discharges
plan at least 30 days before land disturbing activity are planned. Minimal run-off expected from
begins. If applicable, has a sedimentation and proposed cart path, driveway, and gazebo.
erosion control plan been submitted to the Division
of Land Resources?_Yes_X_No N/A 1. Describe proposed drinking water supply source
If yes, date submitted (e.g. well, community, public system, etc.)
County water system
f. List the materials (such as marl, paver stone,
asphalt,or concrete)to be used for paved surfaces. m. Will water be impounded? Yes X No
asphalt for cart path and driveway If yes, how many acres?
n. If the prof t is an oceanfront development,
g. Give the percentage of the tract within 75 feet when was the 1 p j t r>� anrrdV
ed? N/A
U2dILfQO,'1i
Revised 03/95
APR 2 12o03
DIVISION OF
COASTAL MANAGEMENT
Form DCM-MP-3
4VA-t of Oft-S , C CC
Appli t or P ject Name
0 Al e4t 1' 4�
ature
� Y&=� 701,3
Date
D C IE ZVE
Revised 03/95 APR 2 12003
DIVISION OF
COASTAL. MANAGEMENT
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA or wetlands
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application e. Mooring buoys N/A
which relate to this proposed project. (1)_Commercial_Community_Private
(2)Number
a. Dock(s)and/or Pier(s) (3)Description of buoy
(1)_Commercial_X_Community_Private (Color, inscription, size, anchor, etc.)
(2)Number 1 fixed pier, 1 floating dock
(3)Length 269', 55'respectively (4)Width of water body
(4) Width 6', 5' respectively (5)Distance buoy(s)to be placed beyond
(5)Finger Piers_X_Yes No shoreline
(i) Number_3
(ii) Length (2) 18', (1)20' f. Mooring structure (boatlift, mooring pilings,
(iii)Width (2)4', (1)5' etc.)
(6)Platform(s) X Yes_No (1)_Commercial_X_Community_Private
(i) Number 1 gazebo (2)Number 6, boatlifts
(ii)Length 12' (3)Length 14'outside pile to outside pile
(iii) Width 14' (4)Width —1 1' center pile to center pile
(7)Number of slips proposed 6
(8) Proximity of structure to adjacent riparian
property lines 15' g. Other(Give complete description)
(9) Width of water body 660'
(10) Water depth at waterward end of pier at
MLW or NWL -2` MLW
b. Boathouse(including covered lifts) N/A
(1) Commercial Private �L
(2) Length mi Mu s�
(3) Width Applicant or Project Name
c. Groin(e.g. wood, sheetpile, etc.) N/A
(1)Number ignatur .
(2)Length(s) & &:
d. Breakwater(e.g. wood, sheetpile, etc.) N/A Date
(1)Length
(2)Average distance from MHW, NWL or E01KVE
wetlands
(3) Maximum distance beyond MHW, NWL,
Revised 03/95 APR 2 12003
DIVISION OF
COASTAL MANAGEMENT
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I E
APR 2 12003
DIVISION OF
COASTAL MANAGEMENT
Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants Avalon Oaks
P.O. Box 2522 VICINITY MAP Applicant: Avalon Oaks, LLC
Wilmington, NC 28402 c/o Mr. Bruce Jackson
910-452-0001 Wilmington City Map
Location: AIWW, Myrtle Grove Sound
LMG#02-95-286
C.Wrojectfileslavalonoakslfigures.cdr Date: 11/14/2002 Sheet 1 of 11
+ai • r/ _
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40
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�J 1000 2000
1 APR 2 1 2003
SCALE 1" = 1000'
N OF In
Land Management Group, Inc. OASTAL MA Major Permit application,
Environmental Consultants Avalon Oaks
P.O. Box 2522 USGS TOPOGRAPHIC
Wilmington, NC 28402 MAP Applicant: Avalon Oaks, ac c/o Mr. Bruce Jackson
910-452-0001
Carolina Beach Quad. Location: AIM, Myrtle Grove Sound
LMG#02-95-286
C:Iorojectfilestavalonoakslfigures.cdr Date: 11/14/2002 Sheet 2 of 11
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APR 2 12003
DIVISIONA MEN70�0 �2��000
COASTAL MAN SCALE 1" = 1000'
Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants NRCS SOIL SURVEY Avalon Oaks
P.O. Box 2522 Applicant: Avalon Oaks, LLC
Wilmington, NC 28402 New Hanover County c/o Mr. Bruce Jackson
910-452-0001
Location: AIVVW, Myrtle Grove Sound
LMG#02-95-286
C:lprojectfileslavalonoaksWgures.cdr Date: 11/14/2002 Sheet 3 of 11
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ALIVSION Ur
6013PLE dVW D MANAGEMEN
Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants Avalon Oaks
P.O. Box 2522 NEW HANOVER CO. Applicant: Avalon Oaks, LLC
Wilmington, NC 28402 TAX MAP c/o Mr. Bruce Jackson
910-452-0001 Location, AIM, Myrtle Grove Sound
LMG#02-95-286
C.Iprqject fileslavalonoaksifigures.cdr Date- 11/14/2002 Sheet 4 of 11
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D
APR 2 12003
DIVISIO DAt EMENT
CAMA Major Permit application,
Avalon Oaks
Aerial with Tax Parcels Applicant: Avalon Oaks, LLC
overlain c/o Mr. Bruce Jackson
Location: AIVM, Myrtle Grove Sound
LMG#02-95-286
C:Iprojectfileslavalonoaksftures.cdr Date: 11/14/2002 Sheet 5 of 11
PROPOSED STRUCTURES= 580 sq.ft.
SHORELINE LENGTH,along MHW = 147 Ift.,
ALLOWABLE STRUCTURE AREA= 589 sq.ft.
to MHW
6'WIDE FIXED PIER
ID 12'x 14'GAZEBO
4
[X
I
4'x I G RAMP
5'X 55' FLOATING DOCK
SINGLE MAST BOAT LIFT, 14 SINGLE MAST BOAT LIFT,
MOUNTED ON SINGLE PILE MOUNTED ON SINGLE PILE
w/approx.4'x 5'cradle w/approx 4'x 5'cradle
/*
to RIPARIAN LIMIT l -%..•••• •••••• lip""—" I to RIPARIAN LIMIT
80'CORPS SETBACK
5'X 20' FINGER
4'X 18'FINGER
4'X 18'FINGER
10'x 12'BOAT LIFT
D
ApR 21 2003
DIVISION pGEMENT
COAS fkA11V = 20
Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants Avalon Oaks
P.O. Box 2522 PROPOSED DOCK Applicant: Avalon Oaks, LLC
Wilmington, NC 28402 DETAIL c/o Mr. Bruce Jackson
910-452-0001 Location: AIVVW, Myrtle Grove Sound
LMG#02-95-286
C: rojectfileslavalonoakslfi ures.cdr Date: 2/28/2002 Sheet 11 of 11
U.S. ARMY CORPS OF ENGINEERS
A, Wilmington District
Action Id.200201140 County:New Hanover Quad:Wrightsville Beach
Notification of Jurisdictional Determination
Property owner:Avalon Oaks,LLC Agent: Land Management Group
Attn:Bruce Jackson Attn:Rob Moul
Address: Post Office Box 1407 Post Office Box 2522
Wilmington,NC 28402 Wilmington,NC 28402
Telephone: (910)763-1041 (910)452-0001
Zone: 18 UTM:North: 3779234 East:235086
Size and Location of Property (waterbody,Highway name/number, town, etc.): Approximately 2.83 acres (lot 1 in Avalon
Oaks Subdivision) located south of the eastern end of Windy Hills Drive, adjacent to Myrtle Grove Sound, south of Wilmington,
New Hanover County,North Carolina.
Basis of Determination: There are wetlands located on the site described above (see attached wetland data sheets) that are
adjacent to Myrtle Grove Sound on the Atlantic Intracoastal Waterway. This determination is based on information submitted by
Rob Moul of Land Management Group on July 16,2002,and a field visit by Angie Pennock on July 16,2002.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on
your property.
Because of the size of your property and our present workload,our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it,and,if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your lot have been delineated, and the limits of Corps;urisdiction have been explained to you.
Unless there is a change in the law or our published regulations,this determination may he relied upon for a
period not to exceed five years from the date of this notification.
• There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed three years from the date of this notification.
X The project is located in one of the 20 Coastal Counties.You should contact the nearest State Office of Coastal
Management to determine their re ruir m .n s.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not requir
for work on the property restricted entirely to existing high ground. If you have any questiqn ,regarding they
Corps of Engineers regulatory program,please contact Angie Pennock at(910)2
Property owner/Authorized Agent Signature Project Manager Signature ^ 3 01
Jos,
4*S O t.SJ��N�
`\A
Date AuWist 11, 2002 Expiration Date Apo Est 135 2007G �
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
V WC.
god 011ice .'ax 2522
dmzinykn,A61A &Wkn2 28402
d--910-452-0001
9"d. t O'd 9.&>4
.E�s o30-9-11
�freen✓uatiaon 3805�ei�/ntaui�e 1r�vrnuce
'W1d—;v",✓W 28403
AGENT DISCLOSURE FORM
TO WI IOM IT MAY CONCERN:
I/we, 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,
v CE
Z`VE 1w/Ier/Applicant
APR 2 4 2003 143
DIVISION OF Date
COASTAL MANAGEMENT
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Avalon Oaks/Bruce Jackson County: New Hanover
LOCATION OF PROJECT: Off Myrtle Grove Rd., at Avalon Ave., in the Avalon Oaks Subdivision,
adjacent to the Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: June 3, 2003
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: (� 13 03 FEE REC'D:$ 400.00
PUBLIC NOTICE REC'D: V, END OF NOTICE DATE: '1I N L 6 s
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE: T63 150 DAY DEADLINE:
MAIL OUT DATE: ��I j 10 3 STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D: g b
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative q 13 03 cv,,
Coastal Management-LUP Consistency 1p lu L03
Division of Community Assistance 41 t-t to'3 v'
Land Quality Section
Division of Water Quality le a.{ 03 V/- oo `0) r el"'4 r
Storm Water Management(DWQ) I Imo, �/ du:rtd S W $ 03a�{a7 ism
3
State Property Office 1< R.t0 3 'r
Division of Archives&History Q , L(' 03
Division of Environmental Health @ [,3
Division of Highways "19--1 03
Wildlife Resources Commission L 0'�) �,� CR
Division. of Water Resources f! a 11-3
Division of Marine Fisheries 03
Submerged Lands(DMF)
>���- a(:)03 oo915
Permit
DCM Coordinator: 1�riStie
MAILING DISTRIBUTION:
Permitee: 0,V0,10r1 OQKS
Agent: UOtld MA ra�e�r t C%w? ►
DCM Field Offices:
Elizabeth Cit
orehead ity
as in on
ilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Tim NCDOT)
rllinry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: John Dome
John Hennessy(NCDOT)
Water Resources: o u er an
Wildlife Resources: David McHenry
ennett W e
David Cox (NCDOT)
Travis Wilson (NCDOT)
FAXING DISTRIBUTION:
Permit=at
Agent at
DCM Field Offices:
Elizabeth City
Morehead City'
Washington
ilmington 3300'`
US Army Corps of Engineers(USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland
Wilmington: Dave Timpy (NCDOT)
eery Wic er
a �
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
November 24, 2003
Regulatory Division
Action ID No. 200300915 and State Permit No. 159-03
"WOOED
Avalon Oaks, LLC DEC Q 2 '2003
1821 Avalon Oak Avenue AUFMAWA(M"GU .
Wilmington, North Carolina 28409 RALMGH
Dear Madam or Sir:
Reference your application for a Department of the Army permit to construct a community
pier, a six (6) slip docking system, six (6)boat lifts, one (1) gazebo in uplands and one (1)
gazebo attached to the pier, an asphalt cart path for dock access located in Avalon Oaks
Subdivision, adjacent to Myrtle Grove Sound, in Wilmington, New Hanover County,North
Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 1.98000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general permit could result in
civil and/or administrative penalties. x
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone (910) 251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney Mr. Garland B. Pardue
Division of Environmental Management U.S. Fish and Wildlife Service
North Carolina Department of Environment Fish and Wildlife Enhancement
and Natural Resources Post Office Box 33726
1650 Mail Service Center Raleigh, North Carolina 27636-3726
Raleigh, North Carolina 27699-1650
Mr. Ron Sechler
Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service
Wetlands Section - Region IV Pivers Island
Water Management Division Beaufort, North Carolina 28516
U.S. Environmental Protection Agency
61 Forsyth Street, SW Mr. David Rackley
Atlanta, Georgia 30303 NUTS, Habitat Conservation Division
21`9 Fort Johnson Road
/Mr. Doug Huggett Charleston, South Carolina 29412-9110
✓ Division of Coastal Management
North Carolina Department of Environment Mr. Jim Gregson,District Manager
and Natural Resources Wilmington Regional Office
1638 Mail Service Center North Carolina Division of Coastal Management
Raleigh, North Carolina 27699-1638 127 Cardinal Drive Extension
Wilmington, North Carolina 28405
2
Sent By: LAND MANAGEMENT; 910 452 0060 Nov-3-03 7:32AM; Page 2
Oct 31 03 04: 03p Bruce Jackson 910-798- 1889 p. 2
a ,
OF W A��R Michael F, Easley, Govemor
Ca William G Ross Jr, Secretary
North Carolina Department of Environment and Ndtural Resources
j r
-{ Alan W Klimek, P F,Dlrbctor
O C Division of Water Qualny
Coieeri H, Sullins, Deputy Director
Division of Water Quairly
September 23, 2003
Mr, $ruse ;Jackson
Avalon Oaks, LLC
615 Princess Street
Wilmington, NC 28401
Subject: Permit No, SW8030725
Avalon Oaks
Low Density Subdivision Stormwater Permit
New Hanover County
Dear Mr. Jackson:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Avalon Oaks on September 16, 2003. Staff review of the plans and specifications has determined that the
project, as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H,1000,
We are forwarding Permit No. SW8 030725, dated September 23, 2003,for the construction of the
project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit that may
be required.
If any parts, requirements,or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty(30) days following receipt of this
permit. This request must be in the form of a written petition,Conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 2761 1-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information Concerning this matter, please contact either
Laurie Munn or me at(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:Ism S:1WQSISTORMWATIPERMIT1030725.sept03
cc: Charles Cazier
New Hanover County Inspections
David Thomas, NCDQT—Division 3, District 3
Beth E. Wetherill,New Hanover County Enginccring
Jim Gregson, Division of Coastal Management
Laurie Munn
Wilmington Regional Office
Central Files
N C Dimiorl of Water Quality 127 Cardinal Drive Exlvnsion (910)39.-,-3900 Customer Servlce
Wikninglon Regional Office Wlmington, NC 28405 (910) 350-2004 Pax 1 60C 623-7748 Vi -D NR
Sent By: LAND MANAGEMENT; 910 452 0060 ; Nov-3-03 7:32AM; Page 3
-Oct 31 03 04: 03p Bruce Jackson 910-798-- 1889 p. 3
State Stormwater Management Systems
Permit No.SW8 030725
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
,4valon Oaks, LLC
Avalon Oaks
New Hanover Count),
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules`) and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
The Pen-nit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. The maximum built-upon area per lot is as follows. Lots 1-3 @ 3,750 square feet, Lots
4A & 413 3,000 square feet, and Lot 4C 4,000 square feet, as indicated in the
approved plans. LAMA regulations may reduce the allowable built-upon area for those
lots within the AEC.
2. The overall tract built-upon area percentage for the project must be maintained at 25%,
per the requirements of Section .1005 of the stormwater rules.
3. Ap roved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot 'wide vegetative buffer
between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:1 (H:V) as dcfmcd in the stormwater rules and
approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water marls.
2
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Oct 31 03 04: 03p Bruce Jackson 910-798- 1889 p. 4
State Stormwater Management Systems
Permit No.SW8 030725
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated,
and be operational for their intended use prior to the construction of any built-upon
surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired inunediately,
3. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include.
a. Insppections.
b. Sediment removal.
C. Mowing, and revegetating of the side slopes,
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot.. Recorded deed restrictions
must include, as a minimum, the following statements related to stormwater management'
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Managemcrit Permit Number SW8 030725, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under thetas.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is as follows: Lots 1-3 @ 3,750 squaw feet,
Lots 4A &413 @ 3,000 square feet, and Lot 4C @ 4,000 square feet, This allotted
amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina, but doers not include
raised, open wood decking, or the water surface of swimming pools,
g, Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built-upon area reduced due to LAMA jurisdiction within the AEC.
i, Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
3
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art 3.1 03 ,04, 03p Bruce Jackson 810-798- 1889 p, 5
State Stormwater Management Systems
Permit No $W8 039725
5. The perrnittce shall submit a copy of the recorded deed restrictions which indicates the
approved built-upon area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road and that minimum amount needed under
driveways to provide access to lots.
8. UUess specified elsewhere, permanent seeding requirements for the swales must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. The permittee is responsible for verifying that the proposed built-upon area does not
exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built-upon area limit is transferred to the individual
property owner.
10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built-upon
area(BUA). Any approvals given by the ARC do not relieve the lot owner oCthe
responsibility to maintain compliance with the permitted BUA limit.
11. Within 30 days of completion of the project, the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification.
12, The Director may notify the perrittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements, The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
13. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept,built-upon area, details, etc.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the drainage
arcs.
e, further subdivision, acquisition, or selling of the project area.
f. filling in, altering or piping any vegetative conveyance shown on the approved
plan.
14, The Director may detennine that other revisions to the project should require a
modification to the permit.
15. Stormwater conveyances will be located ut either dedicated right-of-way(public or
private), recorded common areas or recorded drainage easements. The final plats for the
project will be recorded showing all such required easements, in accordance with the
approved plans.
4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
August 14, 2003
Regulatory Division
Action ID No. 200300915 AUG 2 0 2003
DIV.OFCO�
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference Avalon Oaks's application for a Department of the Army permit request to
construct a community pier, a six (6) slip docking system, six (6)boat lifts, one (1) gazebo in
uplands and one (1) gazebo attached to the pier, an asphalt cart path for dock access located in
Avalon Oaks Subdivision, adjacent to Myrtle Grove Sound, in Wilmington,New Hanover
County,North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be perforrned in strict compliance with the
permit plans, which are a part of this permit.
2. No vegetated wetlands will be excavated or filled.
3. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations undertaken
by the United States in the public interest.
4. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
5. The Permittee must install and maintain, at its expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities
constructed within navigable waters of the United States.
6. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
7. The authorized structure and activity will not cause an unacceptable interference with
navigation.
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
9. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
10. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
11. The permittee understands and agrees that,if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby,without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
12. No portion of any structure will be located within 80 feet of the near bottom edge
federally maintained channel. An as built survey will be provided to the Corps upon completion of
the project.
2
� L
In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
Attention: Sharon Tear N CS261
1315 E West HWY RM 7316
Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
Should you have any questions or comments,please contact the undersigned at telephone
(910) 251-4930.
Sincerely,
�H�K-Qil
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Copy Furnished:
Mr. Jim Gregson,District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
3
Al
August 13, 2003
Regulatory Division
Action ID No. 200300915
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference Avalon Oaks's application for a Department of the Army permit request to
construct a community pier, a six (6) slip docking system, six (6) boat lifts, one (1) gazebo in
uplands and one (1) gazebo attached to the pier, an asphalt cart path for dock access located in
Avalon Oaks Subdivision, adjacent to Myrtle Grove Sound, in Wilmington, New Hanover
County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. No vegetated wetlands will be excavated or filled.
3. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations undertaken
by the United States in the public interest.
4. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
5. The Permittee must install and maintain, at its expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities
constructed within navigable waters of the United States.
6. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
7. The authorized structure and activity will not cause an unacceptable interference with
navigation.
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
9. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
10. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
11. The permittee understands and agrees that,if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby,without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
12. No portion of any structure will be located within 80 feet of the near bottom edge
federally maintained channel. An as built survey will be provided to the Corps upon completion of
the project.
In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
2
Attention: Sharon Tear N CS261
1315 E West 14WY RM 7316
Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
Should you have any questions or comments, please contact the undersigned at telephone
(910) 251-4930.
Sincerely,
Henry Wicker
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
3
f
a
spa:
9 North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMO TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne
Habitat Protection Program
DATE: July 30, 2003
SUBJECT: CAMA/Dredge & Fill permit application for Avalon Oaks/Bruce Johnson, off
Myrtle Grove Sound at Avalon Avenue, south of Wilmington, New Hanover
County,North Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. A site visit was made on July 24, 2003. We regret that time
constraints delayed our response. 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 113A-128).
The applicant is seeking authorization to construct a 6-slip community dock system with
boat lifts, pier, and gazebo as well as a high ground gazebo, an asphalt cart path for dock access,
and a common asphalt access driveway for 3 lots within a 6 lot subdivision. The site has 2 areas
of 404 wetlands vegetated with bay, red maple, and herbaceous wetland species. In addition to
providing quality amphibian habitat, these freshwater wetlands store and treat stormwater
adjacent to the sensitive waters of Myrtle Grove Sound. A well developed margin of coastal
wetlands occurs along the sound shoreline and provides excellent habitat for raccoon, wading
birds, waterfowl,juvenile fishes, and estuarine invertebrates. Area waters are classified SA-ORW
and designated Primary Nursery Area(PNA).
It is not clear to us whether the protective restrictions within the 575 ft. ORW AEC will
be fully implemented for this project. The asphalt driveway would come within 15 ft. of coastal
wetlands, encroaching well into the 30 ft. estuarine buffer. We are also unsure as to whether the
area of the pier and dock facility will exceed that allowed by the available shoreline length. Jetting
of pilings into the estuarine bottom is expected to elevate turbidity in very sensitive coastal
waters. The docks could induce shoaling, prompting future requests to dredge in a PNA. Pier
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721
Telephone: (919) 733-3633 ext.281 • Fax: (919) 715-7643
A ' '
Avalon Oaks Com. Pier 2 7/30/2003
shading of coastal wetlands would occur. The 404 wetlands could be filled during lot
development, resulting in loss of wildlife habitat and water quality protection functions. Pier head
length may not conform to that of adjacent piers, resulting in a hazard to navigation. Based on
these concerns, we recommend the following conditions to permit issuance.
1. Protective restrictions within the 575 ft. ORW AEC will be fully implemented,
particularly those related to stormwater retention and treatment.
2. The 30 ft. vegetated estuarine buffer shall not be encroached upon by the driveway or
any other non-water dependent structure.
3. Dock facility area shall not exceed that allowed by shoreline length per CAMA rule.
4. Work will avoid the April 1 to September 30 period of peak biological activity and be
contained within a turbidity curtain.
5. No present or future dredging shall be allowed.
6. Elevate pier decking 4 ft. off the marsh floor.
7. Filling of 404 wetlands will be avoided.
8. Pier head length shall not exceed that of adjacent piers.
Thank you for the opportunity to comment on this application. If you have questions,
please call me at (252) 522-9736.
1
7� REED
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 ..''�,,
WILMINGTON, NORTH CAROLINA 28402-1890 GKYr/�
Regulatory bivl<stoLn REFER TO 7-10-63 LO
Action ID. 'am')'615 4(-S Applicant: Ago,)b,q nA KS
Waterway: County: ,.- Type Work:/ y
SouKc(
Mr. Ron Sechler Commander,Aoww
National Marine Fisheries Coast Guard,Atlantic Area
Service,NOAA 431 Crawford Street
Pivers Island Portsmouth,Virginia 23704
Beaufort,North Carolina 28516
Mr.Ronald J.Mikulak, Chief Without enclosures
Wetlands Section-IV
Water Management Division Mr.Doug Huggett
U.S.Environmental Protection Agency Division of Coastal Management
61 Forsyth Street, SW NC Dept of Environment and
Atlanta, Georgia 30303 Natural Resources
1638 Mail Service Center
Mr. Garland Pardue,Field Supervisor Raleigh,North Carolina 27699-1638
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Enhancement
Post Office Box 33726 VJi Regional Office
Raleigh,North Carolina 27636-3726 Division Coastal Management
NC Department of Enviornment,Health
Commanding Officer and Natural Resources
2
United States Coast Guard '
Marine Safety Office W W'�-s
1502 North Front Street
Wilmington,NC 28405 Mr.David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: Charleston, South Carolina 29412-9110
Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a
State Field Investigation Report is enclosed. Your comments and/or recommendations would be
appreciated on or before k - 9 -") 3
Questions or comments may be addressed to the undersigned, available at telephone
(910) 251-4930.
Sincere ,
Henry cker,Project Manager
Wilmington Regulatory Field Office
Enclosure
RECEIVEr
MEMORANDUM
JUN 1 6 Z003
TO: Doug Huggett .
Major Permits Processing Coordinator DIV OF COASTAL MANAGEMENTRALE9QH
FROM: James E. Rosich, AICP
Wilmington District Planner
SUBJECT: CAMA Major Permit Application Land Use Plan Consistency Determination:
Avalon Oaks, LLC/Bruce Jackson — New Hanover County
DATE: June 12, 2003
The applicant is proposing to construct a community pier and dock with the following features:
six (6) boat slips with lifts; one detached gazebo (located upland of coastal wetlands); and,
attached gazebo. Additionally, an asphalt cart path and driveway for access to three (3) lots will
be constructed. The 2.8 acre project site is located off Avalon Avenue between Myrtle Grove
road and Myrtle Grove Sound in the unincorporated area of New Hanover County. According to
the Division's Field Investigation Report, work will occur within the Public Trust Area and
Estuarine Waters Areas of Environmental Concern (AECs). Waters at the site are classified SA-
ORW and open to shellfishing. Waters at the site are not designated as Primary Nursery Area
(PNA).
This development proposal has been reviewed for consistency with the Wilmington — New
Hanover County CAMA Land Use Plan (LUP) Update and Comprehensive Plan (1997-2010), as
amended. The land classifications for this site are Conservation (AECs) and Resource
Protection (upland portion of the site). The purpose of the Conservation classification is to
provide for effective long-term management and protection of significant, limited or irreplaceable
natural resources while also protecting the rights of the property owner. Water-dependent uses,
including (but not limited to) docks, are allowed within this classification. The purpose of the
Resource Protection classification is to provide for preservation and protection of important
natural, historic, scenic, wildlife and recreational resources. This land classification includes
lands adjacent to estuarine waters which are classified SA by the NCDENR.
LUP Policy 4.9 states, allow uses of estuarine and public trust waters that provide
benefits to the public and satisfy the riparian access needs of property owners. In tidal
waters, docks shall be limited to the minimum necessary to provide riparian access to
waterfront property owners. This project appears to be consistent with the LUP provided all
local, state and federal regulations are met.
cc: Charles Jones, DCM
Jason Dail, DCM
Dexter Hayes, New Hanover County
Ann Hines, New Hanover County
File
A"ri"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
,0
June 11, 2003 b�,!
MEMORANDUM
TO: Ms. Noelle Lutheran 'VED
for: Mr. Alan W. Klimek, P.E., Director JUG 0 9 2003
Division of Water Quality
DRO _
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253.
When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. /��- No 01 rcy d.
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 N�._. < ice. DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dem2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
A74
NCDENR , �� / JuN zoos
North Carolina Department of Environment and Natural Resoo, ices
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
June 16, 2003
MEMORANDUM �E
TO: Mr. Roberto Canales JUN 2 7 2003
State Construction/Materials Branch 0Ne�OfAL�M
Division of Highways RALM1
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: AVALON OAKS / BRUCE JOHNSON
PROJECT LOCATION: OFF MYRTLE GROVE ROAD AT AVALON AVENUE IN THE
AVALON OAKS SUBDIVISION.
PROPOSED PROJECT: CONSTRUCT A COMMUNITY PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 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
l 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 �/�1�-- DATE o
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 110%Post Consumer Paper
fJ ED
JUNv2 5,-2003
NCDENR riv 0Foo &
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. 3 Jr., Secretary
June 11, 2003 ��s-'�<e►�,
MEMORANDUM
TO: Ann Hines, LPO
New Hanover County
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a coimnunity pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at
910-395-3900. 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 � 9 G
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
' 0.r A I C)3
-i-
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
June 11, 2003
MEMORANDUM •�.
TO: Dan Sams
for: Mr. James Simons, Director 2003
Division of Land Quality JUN 2 �-
FROM: Doug Huggett 'i�'OF�OARALF-IV AGEMEN�
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253.
When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
4— 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.
This agency objects to the project for reasons described in the attached comments.
SIGNEDAC_2�_ DATE JvaE. lZ5 ZCD3
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
U+
GNA JUN 2 4 2003
NCDENR AV.OF(A" EI�t
North Carolina Department of Environment and Natural Resources H
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. 3 Jr., Secretary
F
June 11, 2003 ` 1%.
MEMORANDUM
TO: Ann Hines, LPO V
New Hanover County Ol g
6
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at
910-395-3900. 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 0—'X _ n - DATE �Z9 G
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
L
NCDENR �5
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
June 16,2003
MEMORANDUM
JUN 1 7 2003
TO: Mr. Joseph H. Henderson, Director
State Property Office -
Department of Administration
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: AVALON OAKS / BRUCE JOHNSON
PROJECT LOCATION: OFF MYRTLE GROVE ROAD AT AVALON AVENUE IN THE
AVALON OAKS SUBDIVISION.
PROPOSED PROJECT: CONSTRUCT A COMMUNITY PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 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 U
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dem2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
g 20U3 f JUN 17 2003
JUL �'�—
aw cf .M+ NCDENR NOTMC�SMVATlaacF�
Ri#1.4 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
June 16, 2003
�3 - 1774
MEMORANDUM
TO: Ms. Renee Gledhill-Early, Director
Division of Cultural Resources
Archives & History Building /.afryl
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW fVIDUP.2 G,
/v
APPLICANT: AVALON OAKS / BRUCE JOHNSON
PROJECT LOCATION: OFF MYRTLE GROVE ROAD AT AVALON AVENUE IN THE
AVALON OAKS SUBDIVISION.
PROPOSED PROJECT: CONSTRUCT A COMMUNITY PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 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 110%Post Consumer Paper
JUN 1 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
June 16,2003
MEMORANDUM RECEIVED
TO: Bennett Wynne 4IIG 0 4 2003
Wildlife Resources Commission DIVOFF EMT
ATTN: Habitat Conservation Program RALM
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: AVALON OAKS / BRUCE JOHNSON
PROJECT LOCATION:OFF MYRTLE GROVE ROAD AT AVALON AVENUE IN THE
AVALON OAKS SUBDIVISION.
PROPOSED PROJECT: CONSTRUCT A COMMUNITY PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 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 2 ~ �
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
AGRA-
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
June 11, 2003
MEMORANDUM
TO: Fritz Rohde
Mr. Preston P. Pate, Jr., Director D ��
Division of Marine Fisheries
FROM: Doug HuggettllG
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
�T
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253.
When appropriate, in-depth comments with supporting data is requested.
REPLY: 'This agency has no objection to the project as proposed. `40 4 4
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 3 A DATE �nu-47'e
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
=fie AUG 2 2 2003
NCDENR ory.0FAb
yMWft
North Carolina Department of Environment and Natural Resources RAtflIaF1
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
June 16, 2003 .. � 0 M
V
MEMORANDUM
JUN 2
TO: Mike Kelly, Acting Director
Division of Environmental Health SHELLFISH SANITATION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: AVALON OAKS / BRUCE JOHNSON
PROJECT LOCATION: OFF MYRTLE GROVE ROAD AT AVALON AVENUE IN THE
AVALON OAKS SUBDIVISION.
PROPOSED PROJECT: CONSTRUCT A COMMUNITY PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 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
his agency has no objection to the project as proposed.
This agency has no comment on the proposed project. C9 2? ' d3
This agency approves of the project, only if the recommen ed changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
CL d.�A c/n t)- G�rvi rues
SIGNEWC 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
Aria
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
June 11, 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: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253.
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 l
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
PLC ,
Agja 03
��C, I
NCDENR C S-Jq
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
June 11, 2003
MEMORANDUM RECEIVED
TO: Ms. Melba Laney JUN 1 7 2003
for: Mr. William A. McNeil, Director
Division of Community Assistance DIV.OF COASTAL MANAGEMENT
RALMOH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253.
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 &/ 1u/O
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
r� V_
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
June 11, 2003
MEMORANDUM RECEIVED
TO: Mr. Charles F. Stehman, P.G., Ph.D. JUN 1 6 2003
Division of Water Quality/Groundwater Section DfV.OF COASTAL MANAGEMENT
RALEIGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Avalon Oaks LLC
Project Location: Off Myrtle Grove Rd., At Avalon Ave., in the Avalon Oaks Subdivision, adjacent to the
Atlantic Intracoastal Waterway and Myrtle Grove Sound, in New Hanover County.
Proposed Project: To construct a community pier, a six slip docking system, six boat lifts, one detached and
one attached gazebo, an asphalt cart path for dock access and a common asphalt driveway
for access to three lots within the subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 4, 2003 If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 253.
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 2CL�=: 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
raj w`AG.,,
R �lr rt
e / JUN 16 2003
NCDENR DIViS1(,�4 OF
North Carolina Department of Environment and Natural Resources 7, `FF? r��.lsoup'
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
June 16,2003 e
01
Q��
MEMORANDUM 4 , 4)
AW-
Q
TO: Mr. John Sutherland, Chief
Water Planning Section t`V
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: AVALON OAKS / BRUCE JOHNSON
PROJECT LOCATION: OFF MYRTLE GROVE ROAD AT AVALON AVENUE IN THE
AVALON OAKS SUBDIVISION.
PROPOSED PROJECT: CONSTRUCT A COMMUNITY PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 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.
)C 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 r ��
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
RECEIVED
& '
At49x2522 JUN 0 3 2003
ldmMy,on,.11odA%o&m 28402 BY:
9d 910-452-000Y 77
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✓ua�iaom 3805%4daletsvi/(e,Wvmue
g Wldm,inpta,M 28403
3 June 2003
Jason Dail
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405
RE: CAMA Major Permit application
Avalon Oaks, New Hanover County
Dear Jason:
In response to your 5/29/2003 letter, please find enclosed the US Army Corps of
Engineer's approval of the wetland delineation for the Avalon Oaks property. As a
follow-up to our 5/15/2003 site meeting, I have enclosed a revised application figure
(Sheet 8). The revised figure moves the ramped portion of the walkway so that it is
located over upland and "404 wetland" rather than coastal marsh. Also, two reference
points have been staked in the field so that the requested pier length can be confirmed in
the field. If you need any further information, please contact me at your convenience.
Sincerely,
Laura Stasavich n Environmental Scientist
cc: Bruce Jackson, owner/applicant �J
a
3
Enclosures: revised Sheet 8
ACOE Notice of Jurisdictional Determination �:.!• l�l i ;;'�`� �
C.J
�0F \N ATF19 Michael F. Easley, Governor
�O G William G. Ross, Jr., Secretary
y North Carolina Department of Environment and Natural Resources
LD W
> _i Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
May 1, 2003
Mr. Bruce Jackson
Avalon Oaks, LLC
1821 Avalon Ave.
Wilmington,NC 28509
Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Avalon Oaks LLC
Stormwater Project No. SW8 030427
New Hanover County
Dear Mr. Jackson:
On April 21, 2003, the Wilmington Regional Office received a copy of a CAMA Major
Permit Application for Avalon Oaks LLC. 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 June 1,
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,
��6�5u�""-
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\STORMSUB\030427.Apr
cc: Tony Roberts, New Hanover County Building Inspections
Joanne Steenhuis
Linda Lewis
Central Files
�E F
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
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30 April 2003
Jason Dail
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405
RE: CAMA Major Permit application
Avalon Oaks, New Hanover County
Dear Jason:
Enclosed are "green card"receipts from the adjacent landowner notifications for the
above-referenced permit application.
Sincerely,
D S U KV6
Laura Stasavich MAY 0 5 2003
Environmental Scientist DIVISION OF
COASTAL MANAGEMENT
�j V c.
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VdinhW",.. bdh fat kna 28402
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Vdmaytm,M 28403
� 14 April 2003
Jason Dail
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington,NC 28405
RE: CAMA Major permit application
Avalon Oaks subdivision, Myrtle Grove area, New Hanover Co.
Dear Jason:
On behalf of Avalon Oaks, LLC, I am submitting a CAMA Major permit application for
the Avalon Oaks property. This approximately 2.8-acre property is located between
Avalon Avenue and the Atlantic Intracoastal Waterway, New Hanover County. The
property will contain six single-family, residential lots. Development of these lots and a
community dock system is requested. The adjacent landowner notifications have been
mailed and proof of receipt will be provided once it is received. If I may be of assistance
during your review of this application, please contact me at your convenience.
Sincerely,
Laura Stasavich
cc: Mr. Bruce Jackson, Avalon Oaks, LLC
Enclosures: application forms and figures
copy of deed
copy of adj. notifications
APR 2 12003 D
DIVISION OF
COASTAL MANAGEMENT
Development Type FEE DCM°,: DWQ
(143D0160143510DO9316256253) (243DD16024351D00952341
1. Private,non-commercial
development that does not involve
the filling or excavation of any S250 100%(S250) 0%($0)
wetlands or open water areas:
It. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open S400 100%($400) 0%(SO)
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine N A,B,C.or D
below applies:
III(A� For Private,non-commercial
development,If General water QuaOty
Certification No.33D1(see attached) S250 100%(5250) D%(SO)
can be appled
111(B): For public or commercial
development,if General water Quarity
Certification No.3301(see attached) `SOD 1 DMA(S4DO) 0%($0)
can be applied:
Ill(C� If General Water Quafity
Certification No.3301(see attached)
could be applied,but DCM staff
determined that additional review and $400 6O%(S240)
written DWQ commence is needed 40%($160)
because of—cems related to water _
quality or aquatic life.
III(D;. If General Water Quality
Certification No.33D1(see attached) S400 60%(S240)
can not be applied 40%($160)
IV. For development that involves
the filling and/or excavation of more
than one acre of wetlands and/or S475 60%(S2e5) 40%(Sigo)
open water areas.
..............
qoo.
A71LA--
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
June 11, 2003
FAX: 343-2229
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Public Notice - Avalon Oaks
Dear Ms. Blake:
Please publish the attached Notice in the Friday, June 13, 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. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
ana B. Nash
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
L f f
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 June 3, 2003.
According to said application, Avalon Oaks, LLC, off Myrtle Grove Rd., at Avalon
Ave. in Avalon Oaks Subdivision, adjacent to the Atlantic Intracoastal Waterway and Myrtle
Grove Sound, in New Hanover County proposes to construct a community pier, a six slip
docking system, six boat lifts, one detached and one attached gazebo, an asphalt cart path for
dock access and a common asphalt driveway for access to three lots within the subdivision .
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 July 4, 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.
P 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
June 11, 2003
Avalon Oaks, LLC RECEIVED
c/o Bruce Jackson
1821 .Avalon Ave. JUN 13 2003
Wilmington,North Carolina 28409
DN OF COASTAL MANAGEMENT
Dear Mr. Jackson: RAL210H
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the
construction of a community pier, docking system,two(2) gazebos, six(6)boat lifts and an asphalt path/driveway to the
pier/dock, in the Avalon Oaks Subdivision, adjacent to the Atlantic Intracoastal Waterway, in Myrtle Grove Sound, at
property located on Avalon Ave., off Myrtle Grove Road, in New Hanover County. The application was received on
4/21/03, and was determined to be complete on 6/3/2003. It appears to be adequate for processing at this time. The
projected deadline for making a decision is 8/17/2003 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 6/3/2003,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 I I3A-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 ely,
as ai
cc: Doug Huggett, DCM Fi d Representative
Jim Gregson,DCM
Charles Jones,DCM
Ann Hines, LPO
Henry Wicker, COE
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
COMPLETE •
■ Complete items 1,2,and 3.Also complete A. R ived by(Please Print Clearly) B. Date,of�ery
item 4 if Restricted Delivery is desired. j1/ /Z
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X El Agent
or on the front if space permits. Addressee
D. Is delivery address different from item 1?jM Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
%e0en d U)QA kno 11
3f7aa "e haw "j'n P.d
wa yhau) n G a 8113 3. Service Type
t 14 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. , 7001 2510 0009 1774 7245
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
SENDER: COMPLETE THIS SECTION• COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Peceiv,ed by Please Pript Clearly) P. Da of live
item 4 if Restricted Delivery is desired. a /—
■ Print you;name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X ❑Agent
K ��
or on W front if space permits. AN �❑Addressee
D. Is delivery address different rom item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
591za.h din 0'�L I
�Ia Cashua 34geerf"'
3. Service Type
C Certified Mail ❑ Express Mail
J/l.(IGI ❑ Registered ❑ Return Receipt for Merchandi:
�/�
(A 51� ❑ Insured Mail ❑ C.O.D.
00�� / 4. Restricted Delivery?(Extra Fee) ❑Yes
7001 2510 0009 1774 7238
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
ECEHVE
MAY 0 5 2003
DIVISION OF
COASTAL MANAGEMENT
[Fwd: Schedule Reminder]
r
Subject: [Fwd: Schedule Reminder]
Date: Mon, 28 Apr 2003 08:26:43 -0400
From: Jim Gregson<Jim.Gregson@ncmail.net>
To: Diana.Nash<Diana.Nash@ncmail.net>
Subject: Re:•Schedu Reminder
Date: Mon, 28 Apr 003 08: :24 -0400
From: Jim Gregson im.G gson@ncmail.net>
To: DCMFrontdes < MFrontdesk@ncmail.net>
Mon- Office / F'gu 8
Tue- COE Mtg. :30 Mallard Bay Mtg. 10: 15 / Topsail in afternoon
Wed- Onslow / Caroline
Thu- Offic
Fri- Offi
DCMFrontde wrote:
> Good m rning thi is a reminder for your schedule for the week of April
> 28 - y 2.
> Than s
> Linda
`4
77� _7
1 of 1 4/28/03 8:33 AM
BOOK FACE
2766 1011
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER 2000 JUN 2 3 PM 4: 2 9
RECORDED AND V-=
Tax Lot No: R07908-005-001-000 & MARY SUE 0 'GL'OF CORRECTION
R07908-005-007-000 REGISTER 01- 0FEDS
Mail After Recording To: Avalon Oaks, LLC
615 Princess Street
ii0 REVENU'ES'�AAApS
Wilmington, NC 28401
Brief Description for the Index: Avalon Lot 1 and 10 .4 ac +/-
�� J
This Deed of Correction made and entered this the day of
June, Iggq by and between Suzanne Hufham, unmarried, herein
referred to as Grantor, and Avalon Oaks, LLC, a North Carolina
Limited Liability Company, it' s successors in title and assigns,
herein referred to as Grantee.
W I T N E S S E T H
THAT WHEREAS, Suzanne Hufham of New Hanover County, State of
North Carolina conveyed to the Grantee herein by deed recorded in
Book a$� I at Page M in the New Hanover County Registry on June
__L5, 1999 , which was intended to convey Lot 1 and the 10 . 4+/- ac
tract with exceptions of Avalon Subdivision in New Hanover County,
North Carolina to the Grantee; and E 0 E:IV E
WHEREAS, the description contained therein was in ror as
both tract' s metes and bounds description had closure er s- APR 212003
WHEREAS, it is the intention of this Deed of Corr i0r}-4RSION OF
correct such errors and vest title to said property in the Grantee . ^T-nAF_N
NOW, THEREFORE, said Grantor, for the purpose of correcting
such error and in consideration of the sum of One Dollar ($1. 00) in
hand paid and other good and valuable consideration, does hereby
bargain, sell, convey and quitclaim unto the said Grantees, any and
all interest in that parcel of land in New Hanover County, North
Carolina, more particularly described as follows :
BEING ALL of Lot 1 and the 10 . 4+/- ac tract of
Avalon Subdivision as the same is shown on map of
Avalon recorded in Map Book 3 Page 13 in the New
Hanover County Registry LESS AND EXCEPT those
tracts conveyed by deeds recorded in Book 635 Page
167 and Book 907 Page 3 in said Registry, as the
same is more particularly described in the Exhibit
"A" attaced hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and
all privileges thereto belonging to the Grantore (s) , free and
discharged from all right, title, claim or interest of the said
Grantor (s) or anyone claiming by, through, or under him or her.
IN TESTIMONY WHEREOF, the said Grantor has caused this
instrument to be signed in their individual names and seals, the
day and year first above written.
(SEAL)
Suzardie Hufham
DRAWN BY: CALDER & CALDER, 611 Princess Street, Wilmington, NC
28401
m CAW=&CADIK ATTOMYS
BOOK PAGE
2766 1012
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I PA-tRc.ctw C SC,1{*'S-vn, a Notary Public of the
County and State aforesaid, certify that Suzanne Hufhan personally
appeared before me this day and acknowledged the execution of the
foregoing instrument . Witness my hand and official stamp or seal,
this ,s day of Ju^,,& 1999 .
��sItI -61,I,`
��P C:JOyN� Notary
44Q�•
NOTARY . 2 My Commission Expires : q • L 02_
a
ca
4
RVE(b g8ing Certificate (s) of
°i�ab, a'D'
F_s/are certified to be correct . This instrument and this
certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof .
MARY UE OOTS R S R OF DEED FOR NE HANOVER COUNTY
BY: __Deputy/ Register of Deeds
O 2120�3
p,QR of N�
00\\P
r�PS'`P`
Exhibit "A"
• !��E for
DEED OF CORRECTION
between
? Z 6 6 Suzanne Hufliam
and
Avalon Oaks, LLC
Tract One:
Being all of Tract "A" as shown on a map of survey for Avalon Oaks, LLC
recorded in Map Book 39 at Page 311 in the Office of the Register of Deeds for
New Hanover County.
Tract Two:
Being all of Lot 1 as shown on a map of survey for Avalon Oaks, LLC recorded
in Map Book 39 at Page 312 in the Office of the Register of Deeds for New
Hanover County; and being the same as Lot 1 as shown on a map of Avalon
recorded in Map Book 3 at page 13 in said Registry.
D
� 0����
APR 21 2003
DIVISION OF
COASTAL MANAGEMENT
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6
CDmrICATE OF DISCLOSUIC POR NEW MANwER COUNTY SCAM COSTS
ie#M HOLDY CVthJ Y THAT PRIOR TO DITDLN,ANY AGRESAW OR ANr CONVEYANCE PT.LOT 4
WTTM A rR00KLTM WIM NWQ SMALL rRLPME AND SIGN.AND M IXl/DL
Or TheSUBACT RML 15TATE SMALL RCCEM AND SIGN.A 3TATEMDIr WHICM M JUY AVALON ON MYRTLE GROVE SOUND
AND ACCURATELY DISCLOSES THAT MMR DI WILL BE ASCEWW 0Y MAP BOOK 3 PAGE 13
NEW MU ICVM COUNTY MR M FLU COST OF MRpVIDING SEWM 50Wa TO N.H.COUNTY A POUTICAL SUBDIVISION OF STATE Of N.C.
TTC SUEDIwION AT M TOM THAT OCSh UCT NWM BBOOME AVAI AME.N DEED BOOK 2973 PAGE 522
ACCORDANCE WITH NEW MIANOVM COUNTY COO[.
OMTIrICATE Or DIDCLOWU-NORTM CAROUNA COWA.MANAODAENT ACT:
LOT 3 MwgMOemYeunrYTMATrRIattOENTMNGANYA"=A1 TORnxaerANa:
WITH A rRASrECTIVE BUYER 16VQ rR"ARE AND MN AND THEMJYMOr M
AVALON ON MYRTLE GROVE SOUND SUBACT REAL STATE MULL RECEIVE AND SIGN A 5TATDAM WHICH MALY AND D
DATE CWN�AA'C.EHf MAP BOOK 3 PAGE 13 ACCURATELY DISCLOSE THAT TMC BUYER MAY MUK RErCN5BLnY TO OBTAN
JAMES R.KI N5AUL,JP 4 JANICE K.5CANLON DEVCLOPMENT rCRMR(MINOR OR MAJOIU AND TIC K4NCY TO WHICH AN A "TION D
MUST BE MLED IN ORDER TO OOTAN AND PERMIT rRU(MTO ANY UNDERTAKING DR ACTINIY T-
DEED BOOK 2503 PAGE 775 5UBJECT TO THE REGUIREMENT5 Or TMC NORTH C"MNA CCASTALIlEAMANAMABNT ACT. O
MHW Z
6'-WIDE FIXED PIER
DATE OWNDV5) �
12'-WIDE ASPHALT PATH i m
12'x 20'GAZEBO (shaded) LOT 2 10'-WIDE ASPHALT PATH $
within 15'-wide access easement AVALON ON MYRTLE GROVE SOUND (shaded)
12'X 16' MAP BOOK 3 PAGE
R.K)NSAU 13 within 15'-wide access easement ?,7
BOARDWALK DEED BOOK 2774 PAGE 754
15'PEDE5TRIAN ACCE55 EASEMENT 5'PEDESTRIAN ACCE55 EASEMENT 20 DRAINAGE t PUBLIC 5'PEDESTRIAN ACCE55 EASEMENT
AL �� No UTILITY EASEMENT
O ✓� 4.2 17W 176. 7'(PIPE TO PI O
12 1 2'(PIPE TO L3 L58 NG4°2717W N64.27 I TW N64°271 NG4°2717V✓ NG4°2717W O
n
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AL 4
(TIE) $31 2334W LOT 525*32'4' 3 47 EASEMENT Y
LLJ i 3 w 30 E' LOT � IOf1EIW0!
(see Sheet 9) OLD SHELL W o sz2•a4'a l W Nr7am $" P� IF
ARCS' LOT M - LOT M,- n
W i 4-C 'IOfTdANDS �qe Iqs o EASEMENT A� Q $ 0 2 9 LOT
BANK LANDING fi "'M 22,874 ft.± �`g a LOT FOR,LOT 4-C 4-A-A N AVALON ' VI
N p AK - ' �_R LOT 31 WINDY HILLS
rO b 16. 9' 564°2T17'E N 39• ry 404'NOIAIO! O _ O a
uL 136.39(fOTAU =0.31 sues±NPIANDS) ,p M.23 0.10ns3 `e 4-8 15,865 xt.R.s N - z N O N
T. * 0.53 scree±(GROSS) J' P L2O 20.323 eq.R.3 0.36 xro± z AVALON OAKS
-N AVALON OAKS,LLC
it)
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1.05' P 49.97 0.47 acres±(GROSS) - UTILITY EASEMENa -
W 39.28' O 82 2 E-RK TO L27) �0 L41 21.59A2� `26 U 50 E�T ^LI VY A 131.90(TIE) 564°27-17-E 1 57.00 564.2T 172 76.67'(ilE) L(0 564°2T 1 TE 75.00
J SUBMERGED LAND %4°27 1 7'E 307.35'(PIPE TO PIPE) 564°27 I TE 201.13 1. DRCH 1235.1 '(SIP TO SIP) 564°2T 17'E 188.35 DRCH
� 0.08acree± > WINDY HILLS DRIVE 53205*32'43'W
mat i lio 21 N64.2717W
\ 5TEPHEN L.ARNOLD 4 WENDY L.ARNOLD
DEED BOOK 3300 PAGE 03 896.41'(MONUMENT TO RAILROAD SPIKE) O (60 PRIVATC RIGHT OP WAY)
Q RA9DADrt-D®BOOR 3372 rpm 70N ��
AL
22 12'-WIDE ASH PALT DR VEWAY >
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MAP BOOK 39 PAGE I G6
M a
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3 m $ 20
LEGEND 2G Q TNare,
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C.3EAER 901MCe MDR AL Lon AVARAKE
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7.WETI ww APr1 MA OR
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3.Des 10?lf a CgUTAL VGLTATIDN MIAS lID e TGAI.WWD=ASIMN.M.CONNIY CAW OFMaA� ���7
COEiIFICATE OF APPROVAL 28 Daee T IVE k.
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New nAnovot aouM/rr nANRRIw OITARIM[NT AS 1 1.Car 4 DNSUSlLT ro 7s e.o SDDACC ��.
�� - SCA
APR 21 2003
29 COASTALSION MAN O EMEN
Pt1A5E 2
sdocKs ® AVALON LO N OAKS
>t.wamswtv�tlr>re.P°c. CAMA Major Permit application,
"•^�--� -�-�-� Avalon Oaks
ram
.� FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROUNA SUBDIVISION
Applicant: Avalon Oaks, LLC
MASTER PLAN Go Mr. Bruce Jackson
Location: AIWW, Myrtle Grove Sound
IC
MG#02-95-286
ro'ect fileslavalonoakslfi ures.cdr Date: revised 3/31/2002 Sheet 6 of 11
CGRTR'ICATE OF DISCLOSURE FOR NEW HANOVER COUNTY 5EWOt CDSM
NwtI HEIMY CERTIFY THAT PRIOR TO EN I"4 ANY AGRCD.ENT OR ANY ODWEYAACE FT.LOT 4
*ATM A MOSPK.TVE BUYER.NINE)SMALL PREFAB AND SWYI.AND THE dhER AVALON ON MYRTLE GROVE SOUND
OF THE SUORCT MAL WTATC 5FIAL ROOMA AND SKIT,A STATEMENT W"10"FULLY
AND ACCURATIMY DTSCLD5C5 THAT THE WEER WALL Be ASSe"M EY MAP BOOK 3 PAGE 3
NEW"ADWIt OOUNAY FOR THE FULL COST OF PRDNdNG SLWM 50NIC2 TO N.H.COUNTY A POLITICAL SUBDIVISION OF STATE OF N.C. -
THC SUEDI�AT TMt TLC THAT DISiRILT 5EWM BECOMC5 AVANABLE,RI DEED BOOK 2973 PAGE 522
ACCOROMNCL WATH NEW ILAIOVE'R COUNTY CODG
CELRVICATE OF 015CL05UPZ NORTH CAROUNA ODA!TAL MAWAY924T ACT:
LOT 3 WE)HEREBY CCKT1FY THAT FRIOR TO ENTERING ANY AGREEMENT OK OONVEYAIQ
AVALON ON MYRTLE GROVE SOUND WITH A FRONECTIVC BITER I(wEL PREPARE AID%N AX)THE WfUt OF THE
DATE OWNERIS)IA�ENT 5UDJECT RUL E5TATC SHALL KECO VE AND SIGN A STATOADIT*"01 FULLY AND
MAP BOOK 3 PAGE 13 ACCURATELY DMCLOX5 THAT THE BUYER MAY HAVE RCVON"UTYTO OBTAIN G
JAMES R.K)N5AUL,JR4 JANICE K.SCANLON DEVELOPMENT RRMIT(MINOK OR MAXM)AND THE AGOXY TO WHICH AN AFFUOVION y
MUST BE FILED IN ORDCR TO OBTAIN AND FCRMR FRKXTO ANY UNDWAKMG ORACMDY r
DEED BOOK 2503 PAGE 775 5UBXCT TO THE RCOUIREMENT5 OF THE NORTH CAKOUNA COWAL AREA MM4GMENT ALT. O
Z
MHW 0
DATE OAAM=
12'-WIDE ASPHALT PATH 0'-WIDE ASPHALT PATH c m
12'x 20'GAZEBO (shaded) m"
PERVIOUS DECKING AVALON ON MYRTLE GROVE SOUND (shaded) �2g
(shaded) within 15'-wide access easement MAP BOOK 3 PAGE 13
SARAH R.KASAUL within 15-wide access easement
Z 1 5'PEDESTRIAN ACCESS EASEMENT DEED BOOK 2774 PAGE 754 5'PEDESTRIAN ACCE55 EASEMENT 20 DRAINAGE 4 PUBLIC 5'PEDESTRIAN ACCE55 EASEMENT
MW DOX FA¢ UTILITY EASEMENT
O 'k 4°2T I TW 176 7'(PIPE TO PIPE) CJ
12 1 2'(PIPE TO ) L58 N64'2T 17W N64°2T I TW N64°2T 1 N64'2T I TW NG4°27 17W O
n
* 74 v -
(TIE) 53 321334W 525°32'43W 'L4T EASEMENT L5
ILl AL 3a w LOT A +aFWWW
$ LOT 101.05' a6 ACCE55 LOT - LOT Q- M 4c V
(see Sheet 10) oLD sI Eu W �N 4-C Aar+lenwcd "e �s a EAs o r AVALON2_ ,� p LOT r
R o 522.44-41 W NNeox "a Q;� Q01 5 v L T Fo or a 4-A F 3 N-
O BANK LANDING �b 16. 564°2T 1 I " Ki 22,074 x{.N,± �` C o N AVALON ONE+ � z O Mveoot Fra 'VNj_ ( O� LOT 31 WINDY HILLS
N 0.31 auEa (UPLAN ) T 123y �c'� �Q�IO+ooE •b 4-8 to I 865�q.It. - N O N AVALON OAKS.LLC
136.39'(TOTAu Z 0.53 xreat(GR05 v� P A L20 20,323pq.2.Y O. 6 acleex z ? 'y _ wvAaN 0AR1 -a DB.3372 PG.708
N25.32'43'E p' 64°2T I7'E ,,, y ME) '�0.33 awmt(UPLANDS)' 3a DRAINAGE 4 PUBLIC O � � WPSOX PAN _
v at 1. 9 8.00'(TMn ME), P �)mK 49.97 M47 scent(GROSS) UTILITY EASEMENT N -
W (TIE) o 82'C P1PEN o L27) L30 L4! 21.53A L2 F 5TI�4T �AL18 VY A 131.9a(ilEl 9G4'2 7 E 157.00 564°27 1 TE 157.00 76.67'(TIE) LIO 564'2T 17'E 175.00
39.28
J SUBMERGED O8 Ems;ND 564'2T I TE 307.35'(PIPE TO PIPE) �' 564°27 1 TE 201.19 DRCH 1235.I (SIP TO 51P) 564'2T 17'C 188.35' DRCH
f 525'32'43W
turw,aQ wrzaw 21 NG4'2TI7W WINDY HILLS DRIVE 30.00
STEPHEN L.ARNOLD 4 WENDY L. LD re
T AL DEED BOOK 3300 PAGE 103 096.4 1'(MONUMENT TO RAILROAD SP KE) L.
(60 PRIVATE RIGHT OF WAY)
Q EALeeIr.LEm BDDR ssn FADE ToeL �DLpQ
22 GRADING AREA 12'-WIDE ASPPALT DRIVEWAY
(lightly shaded) 18 (shaded) 575'AEC LIMP
23
os
j $
g
CO ✓S=DT o
I6 15 14
TM 5L,BDmeION a LOCATED IN a
M.RZONE:R-1 B ILL a 1 9 17 z is
MA/BURDW SIET a IM 24 -9 Q � W I N DY H I LL5 �� 0
mom-su �
Imm 20 = MAP BOOK 39 PAGE I G8 a
25
20 _ <
3�O $ 20
LEGEND 26 <
o_B DT.n tODN rRe
I.ALL DIMSLD ARTOA1 DTUIYiMAL
ZANIW Impervious Cover, asphalt cart path, driveway, gazebo =
Z'�,,,�w"IFOr P P P Y
•-'RRm""E o 5.N.D.G-.MONUMENT NOT LOCATEDWNT.NNW. +/- 12,490 sq. ft.
g-W mRNNe Z A 4.AWA Vr ODOROINATE MEMOD.
•-SaLaL MARLaE 3 5. IIDNRIAL WtLL:I FOR ALL UM Must
LxAMY40EDBYWWMAAKNM00 Wff.
•'OO'IDETE CONTIRM MONUMENT 27 WM SEWCE FOR ALL UM AVPAMZ ❑ Grading area, upland portions of lots 4-B and 4-C =
RAUGAD Owe CEn TIMU TFE NEW Mh4OVM COUIFIY SMJIOA.
nemTRACIS MW OREN®TMI!WNING
9. SKI' „M";O Impervious Area within 575'AEC = 6,740 sq. ft. or 0.15-acre
a �F°`N"O01""YU "°'"`"` Impervious Area/Total AEC area = 0.1 5-acre/1.3-acres or 11.5 %
CzKnmcATE Or APPROVAL 28
NEW HAIIDVOt COUNTY RAINIIC OSAR7GlNt AS EEt N.M.COUNTA'CL1ALA OFFIOAL(ptME WL50Np.
_ 11.LOT 4 Cf SUSJ=TO 75'40.D.S[Eb1Cl.
DAIT MANWG OWACTOR
SCA E " = 100'
29 APR 2 1
STOCKS ® PHASE 2 0 00 200
LEAD SMVVIrirreR P°a lication,
AVA LO N OA IK C AST v �k§ p
GRADING
FEDERAL POINT TOWN511IP NEW HANOVER,COUNTY NORTH CAROLINA & Applicant: Avalon Oaks, LLC
IMPERVIOUS COVER c/o Mr. Bruce Jackson
AREAS Location: AIVWV, Myrtle Grove Sound
Ec
MG#02-95-286
: ro'ectfilesWitalonoakslfi ures.cdr Date: 4/2003 Sheet 7 of 11
10, X 15,
WOODEN
BOARDWALK
CONTROL CORNER elevated 1'-2' above
404 wetland surface
NG40271 7"W 1 76 . 07' (PIPE TO P I E)
1 2 5 . 1 2 ' (PI PE TO 1-34) L58 N 64°27
1 77(7) C�
74 . 84' 6'-WIDE, FIXED '
F WOODEN PIER
_ 12'-WIDE ASPHALT PATH
(see Sheet 9 for alignment
_ `�� within riparian corridor)
O O2� GRASSED AREA
FOR GOLF CART PARKING
11 J O roughly 11' x 25'
L � 00 O COASTAL will also allow gazebo to meet
6'-WIDE, FIXED - 2 side building setback off lot 4-C
O WULAND5 WOODEN PIER o
N G O +/- 20' section to ramp Q, I \
(Y) _ common area P L and angle from boardwalk o 12 x 20 GAZEBO
U elevated on pilings
0 elevation to fixed pier ation roughly 8' above LOT 4-C
as necessary. O . ground surface,
partially elevated over
• O a "404 wetlands" (T I E) 1
0,
(T I E) O, 2 1 . 5 31
p�2
39 . 28 MAHAL WETLANDS
D
7R 2�12003
Note:
1. Gazebo to be partially elevated over "404 wetland", DIVISION OFN COASTAL MANAGEMENT
but is not to be located over coastal marsh.
CAMA Major Permit application,
2. Gazebo to be minimum of 11' from side lot line of Lot 4-C. Avalon Oaks
3. Gazebo to be minimum of 15' from southern property line. 0 20 40 DETAIL Applicant: Avalon Oaks, LLC
SCALE 1" = 20' COMMON AREA c/o Mr. Bruce Jackson
Location: AIWW, Myrtle Grove Sound
C:Ipro ect fileslavalonoa= Date: 3/31/2002 Sheet 8 of 11
I
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SETBACK 1 1 — 0.03 acre5± 19
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ro
1 24.84' 5G7°67' '3' _ II - "'1 5G7° �3'E I I I G5 284.25' CAMA MARSH
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7r" I LEGEND Q
N I i O - DQSnNG I _ CIO
I RON PIPE I a_
5[T IRON PIPE 26 Q
I - a►d MUNE
®-
- - - _9[WER MANt•IOLE I — —
N
C 0
(D
O
N l
a D
m C)
_ o p �
N
_ o
w CAMA Major Permit application,
N G)0 Avalon Oaks
oa o m
m PROPOSED DOCK SYSTEM Applicant: Avalon Oaks, LLC
RIPARIAN CORRIDOR c/o Mr. Bruce Jackson
Z4 Location: AIM, Myrtle Grove Sound
t-MG#02-95-286 Date: 11/14/2002 Sheet 9 of 11
C: ro'ect fileslavalonoaksVi ures.cdr
AIWW Beaufort, NC to Cape Fear River, NC
E_
y - T1
Icy ,
A �
1/4 width of open waterbo 165
Pier to extend to 80' Corps setback,
�n approx. 140' into open waterbody
/y f
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A,
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A,
77
f. .F r ., fe
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Fhatcp Wby Date:Bdauay 2000
Legend
D
N 200 too 0 200 100 800 —Right-d-Way(R/W)
Date:04 October 2002 A Feet =Navigation Channel APR 21 200
0 80k Setback AI WW
DIV ISION
F T
COASTAL MAN'
CAMA Major Permit application,
CORPS 80' SETBACK Avalon Oaks
& Applicant: Avalon Oaks, LLC
c/o Mr. Bruce Jackson
1/4-WATERBODY WIDTH Location: AIWW, Myrtle Grove Sound
LMG#02-95-286
C:Wro/'ectfileslavalonoakstfigures.cdr Date: 2/27/2003 Sheet 10of Ili
rrr n.l.::Ytr•_^Llm (r�n:,ra>w - .•
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..r arMrw146ArrV A3 utA4w rt.-u.u�.aoutCnla,Nt.l lra. - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
v+nw lnAl rnr•ATc yr[xl�v,^,n.53V5,lam.wi,�ppp - - - -. - -
Mlle=.nAr ar4s.w'r4ltm w•::;wu+rr..nm,;. ar.. "".\•t '••r N wS.vL�AGN -
.uunMm«r.e.'.u.^Ar4xu:�^nan.Pc lt'lfr'rlr.nuYlt 4rn,N :` 1 2.
r o ran nor or_ :�.: aD omx .•' 'mil J%'.N, LOi5 d
'•),.�' ,:unr,, / '��. AVA;ON ON MYRTLE GROVt 50.1tt) I I m
:.�'11 t t�!�••• , \/� MAP BOOT 3 PAGC'3 I `
J .��Gy:i::�•i'•, /.' BRUCE AC50II I W E I li
1�`N�t11�tRC N::4.'G:! J,i�`` '��• DEED BODc 1 g05.AGC 494 5
r = - - - -_ - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -
rT.LOT 4
658 I 5��
1 ` AVA:DN ON MYftT GROVE 90Ut�
MAP BOOK PACE 13
./:Y/1 .l�O;`� AUCE M.01THAN
,trntrrr,T Tref:fLR:eroUt 4N eftfiac rattarx lw+: I ✓///�, ttt/tt Lt 31•3a^��.\Jt�\+\\.
DEED BOOK I29 AGE 5
- - - - - - - - - - - - -
-QOr33 - - - - - - - - - - -- - - - - - - - - - - - - - - - - LOCATION MAP
r.rwr.01tr.coutITI PT.LOT A
07 r0 Y,slF
AVALON ON MYRTLE GROVE SOUND I :
, ruP 70OK3 PAGE 13
MM4•S-ccL 1 7//� �\ J.H.KwtY .c7t:rn�(a•c(ac.w
- -- - ���//11JI1i1111� - - - - - - - - - - - - - - - - - -DeeoeooKlGwAGE159e - - - - - - - - - - - - - - - - - - - - - - - - - - -
-
S ..a.or..�•
LOT 3
I AVALON ON MYRTLE GROVE SOUND
MAP BOOK 3 PAGE 13
I HATTIE J.MURRAY - C
DEED BOOK 2503 PAGE 775 DI
I �Ir
CI�O
I UPLANDS 2.09 AG..
�
LOT 2 E> ET
COA5TAL WETLAND5-0.42 AC._
> 404 WLANDS-0.32 AC.-
AVALON ON MYRTLE GROVE SOUND <1rn
3, MAP BOOK 3 PAGE 13 €C TOTAL-2.83 AC.
z I HATTIE J.MURRAY I �Irm
1n DEED BOOK 2465 PAGE 221 100 y-.PL000
OafVATION=I 1.0 ALALCONTROL N6�`2" 225.42 R0 AU CORNERcn
\
_ CORNER � O p
!� ---`- EA ' uy3 V, w209 w2af AL D21 W2t9 w2:0 L47 tqd w207 ` IS
O `OLv SnELL 'wETLANDS l UPLAND) W211 � •r9W20£ WANK LANOING 3.-= w218 ` ry D17 ti Tr`.:5wIl '04'WETLAND5W217 w212 L23"nit, 'a04'WCi1Mq.`> . 0.15 a 2y `bW ` B4� W21C A/SI6 `20 wo W205 4 CAMA BI A NARSnf`�'\ -33 p LA:4�11 �`� 32o 5A W204 .12 ,(o - _�' - ;{- `\ flu 55-�'70 .41 .?Z Ir, `LTC' W21 521.2P' :`a a _ :IG.I" N. ( �/
n� AL . �64'ZT 17, 1235.00'fC'A I VI \, II�JI
LL L % a/ �� W215 W213 021
>- - - - - - - -PRIVATE -
L�AYI
wl N DY H I LL5 DRIVE U 3 200
7- - -1
IDIViSl N C F
C®ASTAL M ' N AE EEMC1\
23
--{ I I I =Q I I I
2a 3 I I WNDY!IILL55UBDIVI5!ON I I c' I ° I 404wETUNO5
Ll
z � BEAFJ724, cMB. 39 PG. IG8 57GTH
LINE �r5w 95 LtH 32 520463W 60
L2 552'OC37W 33.54 L33 521-074OW 24.08
- - I# J L3 56T31'24W 29.51 L34 523'0155F 33.51
- - - - L4 573'4T30W 7.34 L35 N18.4170-E 10.42.
2y � = a I I I I I I I
' I SO L5 142Z52'27W 11.17 L37 N12.1 St3"E 18.90
L C G W D I _ I T � - - - ��- - J- - - - - L - - --1 L 6 N 2A 5 2'2 T W I 1.99 L37 N 1 2'1 9132 2 4.7 2
o_GOND - _ 1 17 N32.43'4TE 27.42 L38 N06.2G33'C 35.83
CERTIFICATE FOR.THE U.S.CORPS OF ENGINEERS: LB 55S`5940T 35.37 L39 N43'25'3aw 19.77
0_,nre wNn� 2 5 N57'4G'36E 20.61 L40 N48C9'15'w 36.05
- � L10 5e0'02595 17.40 141 N59C856'W 0.59
t - - - - - - - - - - - THIS PLAT IDENTIFIES AS WETLANDS ALL AREAS OF WETLANDS REGULATED PURSUANT _17 572'24032W 7.07 L42 565'3556W' 12.42
zl I P / L18 N59C3'30w 13.61 L43 570'4503w 23A0
�I TO SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED LIS 501.2a4erW 22.84 L44 568.2!21 W 28.65
SURVr1'Rf.FIRENtf. T T L20 550.3702E 14.99 45 57G'5524W 15.93
2 / ON THIS DATE. HIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RE UPON zl 513'45 192 25.83 L46 s70 I!saw 25.So
zfD19O "`'" - - - - - - - - - - FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE. TH15 DETERMINATION WAS L22 N659T36F 3.e9 L47 N6e'49I VW 255s
' - L23 5732926T 17.91 L46 N44'47'16'w 32.47
- - - - ' MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLAND DEUNIATION MANUAL. L24 N67 1aa1 a zz.7s L49 N415e 54'W a1.1e
:2S N25'16'46'E 16.e2 L50 N07'45'I I'W I%.22
0 / / L26 582'5514T 5.17 151 N45.4T17E IG 44
•41r.T b�4AG.63U`1'LT'U+L_VWr
anaw•s.crccrcr.,oa I 2� � / / _27 549C052F 0.27 U2 N70'1953E 9.92
:rn:.w s d lx�lro
L28 55345810S 12.99 L53 N76.14'S0T 15.45
572'!744F 17.24 154 58T23WF 1.24
L30 543.26025 !4.%5 0.77 L56 564.27175 1
L31 514.53385 31.25 L58 564.27175 16.60
D
51GNED DATE OWNER:AVALON OAK5.LLC G 15 MNCE55 5TREET MWINGTON NC 25401
S'PQ�&CS ® 404 JURISDICTIONAL BOUNDARY SURVEY
LOT I A\/ALO N JULY30. 2002 2.53 AC.
LAND SURYfiYwa.P.C. 50 O 25 50 00
ON2 MYRTLE GROVE SOU N D
I INcn-sortEi
FEDEIl: POINT TOWNSHIP NEW MANOV!fR COUNTY, N.C. .-
10' X 20' WOODEN BOARDWALK
To ramp from asphalt path elevation to
CONTROL CORNER fixed pier elevation. Boardwalk will be
elevated 2'-4' above "404" wetland surface.
NG40271 7''W 1 7G . 071 (PIPE TO PI E)
1 2 5 . 1 2 ' (PI PE TO L34) L56 N G4°27
74 . 14' 6'-WIDE, FIXED '
�' 12'-WIDE ASPHALT PATH
WOODEN PIER �
(T I E � M�� (see Sheet 9 for alignment
b
within riparian corridor)
p n AN GRASSED AREA
11' O FOR GOLF CART PARKING
11111V1111111 [uffil 11IM11114 i i ii i i urm i ri i i i mm4 ri i i_ ;' roughly 11' x 25'
L 00 o COA51ML will also allow gazebo to meet
6'-WIDE, FIXED r_ 2 side building setback off lot 4 C
n p WMAND5 WOODEN PIER, n
NG11
�' O = to be elevated a minimum �� 12' x 20' GAZEBO
- common area P/L of 3' above the ground surface o
0 and to clear any marsh grass elevated on pilings
C vegetation. roughly 8' above LOT 4-C
O _ Q • ground surface and
V" O GO • partially elevated over
• 0 �� "404 wetlands"
O (T I E) C
0, 0
(T I E) O,, 2 1 . 531
p�2
39 . 28 COASTAL WET LANDS
�f
f sSION OF
Note: L tdIANAOEMEN-�
I. Gazebo to be partially elevated over "404 wetland", N
but is not to be located over coastal marsh. CAMA Major Permit application,
2. Gazebo to be minimum of 11' from side lot line of Lot 4-C. Avalon Oaks
3. Gazebo to be minimum of 15' from southern property line. 0 20 40 DETAIL Applicant: Avalon Oaks, LLC
4. Fixed pier to be elevated at least 3' above marsh ground surface SCALE 1" = 20' COMMON AREA c/o Mr. Bruce Jackson
and above any marsh grass. Location: Alww, Myrtle Grove Sound
C: ro ect fileslavalonoaks i ur Date: revised 5/30/2002 Sheet 8 of 11