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HomeMy WebLinkAbout104-03 Gostyla, Frank Permit Class Permit Number NEW 104-03- STATE OF NORTH CAR 41, Department of Environment and Nat Zalsource . and Coastal Resources Commis r AUG 2 5 2003 00 for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Frank Gostyla, 1701 N. Lumina Ave.,Wrightsville Beach,NC.28480. _ ---------- . -- ---- . . Authorizing development in New Hanover County at Lee's Cut and Banks Channel as.requested in the permittee's application dated 5/l/03, including attached ached workplan drawings (2), dated 5/1/03 This permit,issued on J»1�2i, 2��3 , 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.- Docking Facility 1) This permit authorizes only the 4-piling boat lift. 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. 2) . The authorized structures,and associated activity must not cause an unacceptable interference with navigation, and shall not exceed the established pierhead line. .. (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 /f personnel when the project is inspected for compliance. na D. Moffitt,Director Any maintenance work or project modification not covered " hereunder requires further Division approval. of Coastal Management q PP All work must cease when the permit expires on This p r ' and is conditions are hereby accepted. December 31,2006 f'J In issuing this permit, the State of North Carolina agrees ✓ - that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Frank Gostyla Permit#104-03 Page 3 of 3 ADDITIONAL CONDITIONS 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. 030733. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200300976) which was issued on 7/10/03. NC®ENR 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 July 25,2003 Mr.Frank Gostyla 1701 N.Lumina Avenue Wrightsville Beach,NC 28480 Dear Mr. Gostyla: 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 I I3A-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, CA o Douglas V.Huggett Major Permits, Consistency.Ivlanager„ 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: Frank Gostyla 2. LOCATION OF PROJECT SITE: 1701 N. Lumina Ave. between Sunset lagoon and the Atlantic Ocean, in Wrightsville Beach,New Hanover County. Photo Index- 2000: 24-308, M-14 . 1995: 24-289,P 13-14 1989: 3-7-90,K-4 State Plane Coordinates -X:2366194 Y:172699 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-052318A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 5/23/2003 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received- 5/21/2003, completed on 6/11/2003 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Wrightsville Beach Land Classification From LUP-.Conservation(water area) and Developed(upland area) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -Municipal Planned =None (F) Type of Structures: Existing -Two-story residence,bulkhead,pier, and floating dock Planned -Boat lift(13'x 14') (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER A)Vegetated Wetlands (B)Non-Vegetated Wetlands incorporated (Open water 182 s ft. 1_(C) Other (D) Total Area Disturbed: 182 sgft. (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No 8. . PROJECT SUMMARY: The applicant proposes the addition of a 13'x,14'boat lift to his existing private pier. Recommendations for State Permit-Frank Gost_yla 6/12/03 The proposed boat lift does not exceed the CAMA regulatory allowance for boat lift square footage for a lot this size. The proposed boat lift would provide docking space for one additional boat,bringing the total number of available slips up to three (3). I have no objections to the proposed project. Any permit issued should include the following conditions: 1. 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 structures,whether floating or stationary,may become a permanent part of the structure 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. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. 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. 7. 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. emu. Form DCM-MP-1 MAY 21 1vU3 APPLICATION, _. ._ (To be completed by all applicants) b. City, town, cir t o landmark �t1d19,1N�3,4 . 1. APPLICANT c. Street/ad 1 ess6 Isecondary woad number a. Landowner: Name �i2/3 Nl: ('05ryLl9 d. Is proposed work within city limits or planning !n - jurisdiction? Yes No Address l /D1 N.kyr'1V,►4 Ave, e. Name of body of w er neares project (e. . river, City j jy►f !l t; G1$ State creek, sound,bay) 6 6 Le,, S 61L r �la� � ILS 1#4 Nn1LL Zip 2 B��� Day Phone 2 - �a Fg6e'h) Fax a51-3a�a 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name'rdr1`l��1flu�nI List all development activities you propose (e.g. building a home, motel, ;Address � marina,bulkhead,pier,and D ex;avationand/or g -►oPr k 6PGL cityUA400y1* State _ Zip 2 �b Day Phone asZ 3D b. Is the proposed activity maintenance of an existing project, new work,or both? 41 �! 00AX Fax �5�3b6�- ,..�� . c. Will the project be for public,private or commercial use? a r21 U14fl-:� . c. Project name (if any) d. Give a brief description of purpose,use,methods of construction and daily operations of proposed NOTE.• Pemdt will be issued in eanr of Jm+downe N,and/or project. If more space is needed, please attach ad 'onal pages. pwjecr mane. ` n C D rs 2. LOCATION-OF PROPOSED PROJECT f 6 s' 4 v tuu iI r PM /LGw olt6�1L -+ i•v it• t'N, tr a. County �v t� e L. iv ors v"�iv4 Revised 0319S t Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER L-1�L�2 CHARACTERISTICS a. Size of entire tract 102� n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lots)2 �o` � wastewater, industrial/commercial effluent, "wash down" and residential di charges.) AfifjLj C. Approximate elevation of tract above +Il or S� A WNP NWL t-S. d. Soil types) and textu e(s)of tract o. Describe existing drinking water supply source. e. Vegetation on tract Z)ND.3-e gb &&eJxi� f. Man-made features now on tract �� t�y 5, ADDITIONAL INFORMATION win I wi. 6 g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Caurdr the local lend use pfm,.) following items must be submitted: Conservation ransitional • A copy of the deed (with state application only)or Developed _-2community Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zon by local government? claiming to be the owner of said property, then forward a copy of the dead or other instrument under which the owner claims title,plus written permission i. Is the prop os project consistent with the applicable from the owner to carry out the project. zoning? Yes No ���zit�„���Qertifiaare, fappuoabJe) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological ass sment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a If yes,by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District o does it involve a National only high quality copies will be accepted. Blue-line Register listed or igible property'! prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1, Are there wetlands on the site? Yes 2No ]Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and m [,-p��, �� �cttl�+ detailed to �,�do ;a,, f ) guide agency perso 4 iar q� �tH - Ali NAY 2 1 2003 Df L'ASION OF Revised 0319S COASTAL .A4A W G Ef0 E 1\1 T Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued is response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and-plats and restrictions contained N the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge,the proposed that they have 30 days in which to submit comments on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that suc h notice has been provided. conducted in a manner consistent with such program. Name N tL55 l certify that I am authorized to grant,'and do in fact, Address ►»t'tt� U!� 1/Y grant permission to representatives of state and federal Phone 7EQ66 review agencies to enter on the aforementioned lands in d���� �r ,� � connection with evaluating information related to this Name D� permit application and follow-up monitoring of the Address,YA C 14 l �i gw 2669b project. Phone '?SA- I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone This is the day of , 19,2QQ3 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. �- Signature Lmdawwr Ir Authorized Agau • A check for$250 made payable to the Department of please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources prof. (DEHNR) to cover the costs of processing the ` DCM MP 2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in _ DCM MP-4 Structures Information_ DCM MP 5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided-at thg bottom of each form. 10) If the project involves the expenditure of public I S-1 -fro funds or use of public lands, attach a statement /. u�I documenting compliance with the North Carolina !' Environmental Policy Act. lt�il X'AY 2 12003 DP,/1S101V OF Revised 0319S COASTAL iW ANAGE 6NT Form DCM-MP4 ST ..RC"TURES (Construction within Public Trust Areas) Alo Attach this forte to Joint Application for CAMA Major e. . Mooring buoys _. *J. Permit,;Form- DCM-MP-1. Be sure to complete all (1) _ Commercial _Community_ , =otlier`'sectons of� `joint Application Priva - --which relate to (2) Number `'p -this: 10'. c i.Q� • --*i - �_4•,'.�°•'...: P P .,, 3 Des cri tion of brio a,. : (Color, inscri tioa size anchor ` - - Fx _ Doc s of.Pier s - ��.. tt - :�• ?=: 1 l> ( }: —.. cial� Comimuni Private M,L .`�� y1RJm ,,l"%`J`-���a _ _ r.,.y:.~i.�:^`V r�•-.,•... ^'f,'�'._,�+�r"'�' - 4. :> ( )` idth of =:� - - - -air;• . ' - - - _ �' -'Dstarize'� o - 1�e - ti fJ F` _ Yes "bier. _ -- •.��:- ':a' �( V11'liL•< -."i�..ay� sY�•'�t2 e/,.. m - .:�. -tip..•-•y,�,• {. c) �� r�r •-i�:x:»�• •x. "�. �- ,.,.,�,C�:� - - - ' � -<t-? ry£�b•. '%��.,� : .. ••;, .Y'!; _4�x^r3'�`t-J'4Z','_.i"i -_3, •�• 3•= - �- x (6) Platforms :; �.a ::..:,.. .No . •may _�('} i!lumberp� 35r ��i :`•^ %-rvt' Kam ' _a y C. ��•'� +.r~� ty,\•%g.i.Gilb"''3 _ 4,. ;yjy.�. • _,f`v '.�3.-'••.>a{ -.='3- a, If'QdJ w+ . - rns t �•. Number-of sli s `proposed - _ .mil`• ,�> - .'-;�'+.•,'•,. '.7== - - _ 'j�. - r:f:'b-_1,'r-' :+�-.+..z('a ::Y;it��r�-�'�.b� ��' - �'<r 8 -•Prod` :o€ 'stm r Y ctu a adjacent ri arias :lines' - :s;its y9 Width'" >wbody' d h. � .: :.5 of afar Water;d 'th at :wate"Ward a of. ier at' . _.,.: - ':;=r;- =G _s_.R_. _ �� ,._A, MLWor NWL-� � ,`/-.� - r- - 'sJ:'r.F:<t.._. .�%v _ _.-��°Fr•d. ., maIN y. Boathase.•uict ..�. _udin covered li - _ g - - /Y - l f h•N i _ y Commercial Private T - . - - 4K• •Yi.l_ 2 ..I.e71- { (3) Wlddl APP or Projtat Name._ 9;,� ��- a p - c. Groin (e.g, wood, sheetpile, etc.) signature ,' a � - �, ? s (1) _Number. 1 w {�'� (2) '=Length(s) Date _ - :•• '' i '> a d. :.Breakwat e. ri =°y - ec( g-.wood, sh de etc. r'o,_ , : P, ), ,- , 2 '.,'-',,Ave :.r gth x ( ) rage distance from, - NWL or . _ = '? ;- - -- - - _ - - - - - :'- •l- -••fi-ter,_ :r•. "h. �i. Ma imu_ni distance be`on_ d ']��� ��7� :.�•>'•• ): _ y 11'l.Cl l�, 1�IrL or.- - - _ _ _ -- - - r:r:'�Yr Y-�.L'v'_:3..•^<r�' -=x_ �„S,:i..'-;: etlan� - E.- d _ t�.m s-- 5 .•,sr, y ,'i �•.,y� .� - _ . .Yr�:'_r.r-._.-.. c"- r-: '' .._ .. �ef'r;>Jf-'•i.v? �Ylii� �`'j. ^'Fits',-�-i ` Revised 03195 cam" Aoamm to �P AWAAW t' w GUNpY vs % 74 x AIX � 1 LOCN477ON MAP odor 70 m4w THE PREMISES SURVEYED /S LOCATED W/TH/N A FLOOD HAZARD AREA _ ACCORDING TV THE FLOOD INSURANCE RATE MAP FOR THE rOWN OF WRJGHTSV/LLE BEAcm. NEW HANovrw couNTY. N.a ILotMmthwrr PANEL No. 370361 OOOL C REV, O4/OZ/66J. 1 �. . , MA Y 2003 �. ��_.-�� _� , }— F&S Marine Contractors, Inc. —7 Complete Marine Construction Service For Over 27 Years ,ar,lc 6eol14 r c --T. CAPT. ED FLYNN DURWOOD SYKES A/C Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs J P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, N.C.28480 email:efly@msn.com 40 InCk I w ; . ; i i U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. o2003D097b County �er GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner T/`AM K 05 ,'q Address D( LLLk&�„, # �, ;l e, C. s S� Telephone No. �qlD) a56-366Z Size and Location of project(water body, road name/number, town, etc.) _�r1f-P L o(J4 tJ a, 170/ /tl. Lug„ A ,� ,�� , �; .Su�lse� Ga400n< <c( 4 / 1 e Description-of Activity Cons v y Applicable Law: N Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10(River and Harbor Act of 1899). Authorization: G•P 076WS6Regional General Permit Number. Jlll_ 6 2003 Nationwide Permit Number. My.0FG0 ALM RAMON Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order,and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal,State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 10— Corps Regulatory Official6 ) Telephone No. l 7�d J oZs/�Ci Expiration Date of Verification SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW(FII-,E) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 RECEIVED JUN 0 3 2003 BY: F 4 S Marine Contractors, Inc. P.O Box 868 Copt. Ed , lynn Wrightsville Beach, N.C. 28480 DuiwQod Sykes Phone/fax 910-256-3062 email.eflyftsn.com 2 June 2003 NCDENR 127 Cardinal Dr. Wilmington, N.C. I, Frank Oostyla authorize Ed Flynn with F45 Marine Contractors, Inc, to act as my agent to apply for a CAMA Permit to install a boatlift at my existing pier at 1701 N. Lumina Ave. , Wrightsville Beach, N.C. l P JE I V E � NU ao ) e 2 �3 D N OF r-OASSTAL MANAGEMENT Complete Marine Construction Service For Over 28 Years Piers N Bulkheads N Floating Docks N Boatlifts N Pilings N Repairs DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Frank Gostyla County: New Hanover LOCATION OF PROJECT: 1701 N. Lumina Avenue, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: June 11, 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: FEE REC'D:$ c950- PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: '115 a3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: V/ APPLICATION ASSIGNED TO: Cot-so- ON: 0Z C) 75 DAY DEADLINE: 91a5h 3 150 DAY DEADLINE: MAIL OUT DATE: I �o I 0-3 STATE DUE DATE: rl FEDERAL DUE DATE: FED COMMENTS REC'D: -71[gn3 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative U/lla W 5 ✓ Coastal Management-LUP Consistency 41►"I 103 �- Division of Community Assistance Land Quality Section 4 �1�p3 ✓ (� Division of Water Quality 4 2� 4 ✓ no 140l «9V-`r` DvD�-f.63 o'i 33 Storm Water Management(DWQ) �Pll 10 3 State Property Office ,11 La3 Division of Archives&History 7/]`6'5 V/ Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries , Id L3 Submerged Lands(DMF) No-tt a°° G P 1cL1$0005 4 Or\ -11ta�b,3 Permit# (6 '03 DCM Coordinator: MAILING DISTRIBUTION: Permitee: I fOA3C l-IOS IG— Agent: DCM Field Offices: Elizabeth City �Nlorelead;,'City Washington CWi"lming on' US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) ":Henry:Wicker.._i' nnII ►� Q i �U Others: CCnliural kesources: - Renee.Gledhill-Early Environmental Health: Beverly Sanders -'Marine'Fisheries: Mike Street � NCDOT: Roberto Canal _ "Shellfish Sanitation: -"Patty.Fowler)I, `,.State Property Office: Joseph Henderson Water Quality: :. John Dorsey ` John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett David Cox(NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at p- Agent at gyp' DCM Field Offices: Elizabeth City Q&6—ielieaC sCity Washington wilininb US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) �H"enry_Wicker Al, Updated as 2/a8/03 �Cvc NCDENR , I i North Carolina Department of Environment and Natural Resources / -J(-oJ Division of Coastal Management 1. Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 17,2003 MEMORANDUM 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: FRRANKyGOSTYLA PROJECT LOCATION: 1701 N. LUMINA AVENUE BETWEEN SUNSET LAGOON AND THE ATLANTIC OCEAN IN, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY. PROPOSED PROJECT: THE ADDITION OF A 13' X 14' BOAT LIFT TO HIS EXISTING PRIVATE PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 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\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper A0 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 12,2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank Gostyla Project Location: 1701 N. Lumina Avenue, Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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. SIGNED4'a-ci- 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 AT- Ll---��,1('0/D-3 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 12,2003 MEMORANDUM RECEIVED E TO: Ms. Melba Laney JUN 1 7 2003 for: Mr. William A. McNeil, Director IWV OF COASTAL MANAGEMENT Division of Community Assistance RALMOHH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank Gostyla; Project Location: 1701 N. Lumina Avenue, Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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 127 Cardinal Drive,Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 12,2003 MEMORANDUM 1'ItE����� JUN 1 6 Z003 TO: Mr. Charles F. Stehman, P.G., Ph.D. COASTAL MAKAGEMENT Division of Water Quality/Groundwater Section D�11•®F RALLE1 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank Gostyla Project Location: 1701 N. Lumina Avenue, Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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. i 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 QA, L DATE lS 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 1 � I 3 AGNA 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 17,2003 MEMORANDUM JUN Z 5 xqg TO: Mr. Roberto Canales IF State Construction/Materials Branch Division of Highways JUN11.P `, p FROM: Doug Huggett NAGEMEN Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: &RANK=GOSTYL--A PROJECT LOCATION: 1701 N. LUMINA AVENUE BETWEEN SUNSET LAGOON AND THE ATLANTIC OCEAN IN, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY. PROPOSED PROJECT: THE ADDITION OF A 13' X 14' BOAT LIFT TO HIS EXISTING PRIVATE PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 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 _1z 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 S O3 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 Y �s 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 17,2003 MEMORANDUM 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: FRANK~GOS-TWLA PROJECT LOCATION: 1701 N. LUMINA AVENUE BETWEEN SUNSET LAGOON AND THE ATLANTIC OCEAN IN, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY. PROPOSED PROJECT: THE ADDITION OF A 13' X 14' BOAT LIFT TO HIS EXISTING PRIVATE PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (90) 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 U DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper C. v A � 103 AG a`� NCDENR S� 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 12, 2003 MEMORANDUM TO: Dan Sams for: Mr. James Simons, Director JUN 2 4 2003 Division of Land Quality DtQlo OF COASTAL At�� AGEMEMT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank Gostyla Project Location: 1701 N. Lumina Avenue, Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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. 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. SIGNED Cy""- 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 C RECEIVED A4 'JUN NCDENR North Carolina Department of Environment and Natural Resources F OW Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 12, 2003 MEMORANDUM 16 3 INSP. TO: Debbie Wilson, LPO OUT. New Hanover County FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank Gostyla Project Location: 1701 N. Lumina Avenue,Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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. ` Thisgency 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 ✓�� '—z DATE ` 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 REVCEI EID ---�- -JUN\2 5-2003 NCDENR North Carolina Department of Environment and Natural Rem Il Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 12, 2003 - R��'���►gip ,� MEMORANDUM N 2003 NHC INSP. TO: Debbie Wilson, LPO OFPr. New Hanover County FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: LAMA/DREDGE & FILL Permit Application Review Applicant: Frannk Gostyla Project Location: 1701 N. Lumina Avenue; Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or,viewpohit on the proposed project and return this form by July 5, 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 a gency 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 ✓'�� `G DATE 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 Uc Ale aye —3 NCDENR LSD(l 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 12, 2003 lilt-IF2.� '7 MEMORANDUM JUN 2 3 2003 W.OF COASTAL kPiANMEMEf�d TO: Ms. Noelle Lutheran E QL �I V E for: Mr. Alan W. Klimek, P.E., Director 1 Division of Water Quality JUN 1 '6 2003 FROM: Doug Huggett DWQ Major Permits Processing Coordinator PROD # SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank:Gostyla, Project Location: 1701 N. Lumina Avenue, Wrightsville Beach Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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: J— 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 x� -V DATE �A_,L,�� I R 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 IL NCDENR �c o North Carolina Department of Environment and Natural Res ourc 3 P* Ar k Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 17,2003 3 � 7� MEMORANDUM TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives &History Building FROM: Doug Huggett !27 0- Major Permits Processing Coordinator I I SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: FRANK GOSTYLA PROJECT LOCATION: 1701 N. LUMINA AVENUE BETWEEN SUNSET LAGOON AND THE ATLANTIC OCEAN IN, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY. PROPOSED PROJECT: THE ADDITION OF A 13' X 14' BOAT LIFT TO HIS EXISTING PRIVATE PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 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 gency objects to the project for reasons described in the attached comments. SIGNED DATE d 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper JUN 2 0 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 12, 2003 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing.Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Frank Gostyla. Project Location: 1701 N. Lumina Avenue, Wrightsville Beach /U e, Proposed Project: The addition of a 13' x 14' boat lift to his existing private pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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 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 ` Lo JUL -7 2003 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 WEID NCDENR North Carolina Department of Environment and Natural Resodabs . -5 ZUW Division of Coastal Management pp��COAAI.MG Michael F.Easley,Governor Donna D. Moffitt, Director . ON GE G. kretary June 17,2003 MEMORANDUM IVY TO: Bennett Wynne Wildlife Resources Commission BKOFCO TA.MANARI M 7 ATTN: Habitat Conservation Program RAILM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: FRANK GOSTYLA iSSU�e c� o3 PROJECT LOCATION:1701 N. LUMINA AVENUE BETWEEN SUNSET LAGOON AND THE ATLANTIC OCEAN IN, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY. PROPOSED PROJECT: THE ADDITION OF A 13' X 14' BOAT LIFT TO HIS EXISTING PRIVATE PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 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 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 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 17,2003 MEMORANDUM n'TO: Mike Kelly, Acting Director /� -,AUG 21,2003 Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: rFRANK.GOSTYLA ,t PROJECT LOCATION: 1701 N. LUMINA AVENUE BETWEEN SUNSET LAGOON AND THE ATLANTIC OCEAN IN, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY. PROPOSED PROJECT: THE ADDITION OF A 13' X 14' BOAT LIFT TO HIS EXISTING PRIVATE PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 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. SIGNEDQA,:�" DATE 1g3 6 7 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 RECEIVED C-69� Lo) MEMORANDUM S JUN 1 7 2003 TO: Doug Huggett DiV.OFCOASSTTL�MANAGEMENT Major Permits Processing Coordinator FROM: James E. Rosich, AICP Wilmington District Planner SUBJECT: CAMA Major Permit Application Land Use Plan Consistency Determination: Frank Gostyla— 1701 N. Lumina Avenue, Town of Wrightsville Beach— 'New Hanover County DATE: June 16, 2003 The applicant is proposing to add a 13' X 14' boatlift to the east side of the existing pier. The proposed?addition will provide dockage for up to three (3) vessels. The project site is located at 1701 N. Lumina Avenue between Sunset Lagoon and the Atlantic Ocean. According to a survey provided by the applicant, both the existing pier and proposed boatlift are contained within the Town's pierhead line. According to the Division's Field Investigation Report, the Public Trust Area and Estuarine Waters Areas of Environmental Concern (AECs) will be impacted. Waters at the site are classified SB#(Wrightsville Recreational Area), closed to shellfishing, and not designated as a Primary Nursery Area (PNA). This development proposal has been reviewed for consistency with the Town of Wrightsville Beach Land Use Plan (1996). The land classifications for this site are Conservation (AECs) and Developed-Area#3 (upland-portion of site). The purpose of the Conservation classification is to provide for the effective long-term management and protection of significant, limited or irreplaceable areas. The purpose of the Developed-Area#3 classification is to maintain the Parmele area for exclusive single-family and duplex residential uses. The following LUP policies are applicable to this project: LUP Policy 8.1.2(B)(1)—Estuarine Waters—Appropriate uses within estuarine waters may include simple access channels, structures which prevent erosion, navigational channels and private boat docks,piers and mooring pilings. LUP Policy 8.1.2(C)(3)—Public Trust Areas-CAAIA standards designed to limit the length of docks and piers as they project into public trust waters shall be considered the minimum standards, with the Town reserving the right to be more restrictive where public trust waters use and environmental protection issues warrant. This proposed project appears to be consistent with the Land Use Plan provided all local, state and federal regulations are met. cc: Charles Jones, DCM Jason Dail, DCM Andrea Surratt, Town of Wrightsville Beach File AT O� �A Michael F. Easley, Governor �Oa QG William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek P.E., Director pR Division of Water Quality Wilmington Regional Office May 28, 2003 Mr. Frank Gostyla 1701 N. Lumina Avenue Wrightsville Beach,NC 28480 Subject: EXEMPTION Stormwater Project No. SW8 030519 Frank Gostyla Boat Lift New Hanover County Dear Mr. Gostyla: The Wilmington Regional Office received a copy of the CAMA Major Permit Application to install a boat lift on May 22, 2003. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter,we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development,therefore, any future development on the property,regardless of whether a CAMA Major permit is also required,will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at(910) 395-3900. Sincerely, Rick Shiver - Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\CAMA\030519.May cc: Joanne Steenhuis, DCW Tony Roberts,New Hanover County Inspections Doug Huggett,DCM Wilmington Regional Office Central Files 14CDEN 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 Development Type FEE DCM°: DWQ b (14300 1601 435100093 1625 6253 (24300 1602 435100095 2341) 1. Private,non-commercial development(hat does not involve the filling or excavation of any )S250 100%(S250) 0%($O) wetlands or open water areas: IL Public or commercial development ' that does not involve the filling or excavation of any wetlands or open S4OO 100%($400) 0%(SO) water areas: III.For development that involves the filrmg and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if&B,C,or D below applies 111K For Private.non-commerda(, development,if General water Quality Certification Nc3301(see attached) S25o 100%(S250). 0%($0) can be appied: III(Bx For public or commercial development,if General water Quarrly Certification No.3301(see attad,ed) S400 100%•(S400) can be applied lll(C� If General water Quardy Certification N6.3301(see attached) could be applied,but DCM staff - determined ttratadditional review and $40DConcurrence6D%(S240) written DWQ Conaence is needed 40%($160) because'of concems related to water gcardy or aquatic life = _ IIJP�.If General Water Quardy Cerfication No.3301(see attached). 3400 60%(5zao) can not be apprred, 40%($160), M'Tordevelopment that involve the filfmgand/or exrairatiwrof more Man one acre of wetlands and/or 5 -- 60%(q85) -130%(5790) -- open.waterareas -- 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 12, 2003 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: .Public Notice -Frank Gostyla Dear Ms. Blake: Please publish the attached Notice in the Saturday, June 14, 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, Diana 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 + a 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 11, 2003. According to said application, Frank Gostyla, 1701 N. Lumina Avenue, Wrightsville Beach, New Hanover County proposes the addition of a 13' by 14' boat lift to his existing private pier.. 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 5, 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. ii 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 June 12,2003 Frank Gostyla CEPR 1701 N. Lumina Ave. Wrightsville Beach,NC 28480 JUN 1 6 2003 Dear Mr. Gostyla: DfV,OF COASTAL MANAGEMENT RALEGH The Division of Coastal.Management hereby acknowledges receipt of your application for State approval for the addition of a boat lift to your private pier, adjacent to Sunset Lagoon, located at the eastern end of Lee's Cut,between the Atlantic Intracoastal Waterway and Wrightsville Beach in Middle Sound. The subject property is located at 1701 N. Lumina Ave., in Wrightsville Beach, in New Hanover County. It was received as complete on June 11;2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 25,2003. 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 6/11/2003,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 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. ncerely, Jason Dail cc: Doug Huggett,DCM Field Representative Jim Gregson,DCM Debbie Wilson,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 m SENDER: O ■Complete items 1 and/or 2 for additional services. -F fjso wlsh.to receive the 49 ;9Complete items 3,4a,and 4b. j �Howingsetvices(for an d ■Print your name and address on the reverse of this form so that we can return 1F�1 extra fee): '7 Y card to you. n ai ■perarrci t this form to the front of the mailpiece,or on the back if space does not �9A AU dressee's Address ■Wdte'Retum Receipt Re uested'on the mail iece below the article number. j // d o P 4 P 2.I Restrcted Delivery rn t.+ ■The Return Receipt will show to whom the article was delivered and the date ,z �,�, c delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number,--_-: I II °G E c //��r�!a rV1VY� J l�/�� 4b.Service Type ( ❑ Registered Certified w �! j' �"� �5 �J�/1�� [I Express Mail ❑ Insured -S / Go c ❑ Retum Receipt for Merchandise ❑ COD a l/1/ G G��� 1 7.Date of Delivery z , U o cc 5.Received By: (Prin Name) 8.Addressee's Address(Only if requested c } and fee is paid) m ¢ EVK IS 6.Signature: (Addressee or Agent) 0 X H PS Form 3811, December 1994 102595-97-B--^.179 Domestic Return Receipt _ems 1. 0 A 3 i l_ 7 SENDER: I also wish to receive the w ■Complete items 3,4a,and 4b. following services. following serviced f`or-an ■Print your name and address on the reverse of this form so that we can return this extra fee): \ card to you. u ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address P) permit. y ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N ra ■The Return Receipt will show to whom the article was delivered and the date a delivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number TS2 �s L bbo Gbp c� � ���71 CL E DW v►� L d�vl � � 4b.Service Type ° ❑ Registered Certified °C u of 3�) ( 15� �' ❑ Express Mail ❑ Insured NL ❑ Return Receipt for Merchandise ❑ COD _ . �p I/t/) t v► U�VJ Zg ygb 7.Date of Delivery w Q o ; o zcc T 5.Received By: (Print Name) 8.Addressee's Address(Only if requested w 61 Vl e r a(�Se/ and fee is paid) ; g 6.Signature. (Addressee or Agent) ; °>, X PS Form 3811, December 1994 102595-97-B-0179 Domestic Return Receipt ON REGISTR FOR RREBECCATT. CHRISTIAN OF DEEDS NEW HANOVER COUNTY, NC 2002 SEP 30 02:55:51 Phi BK:3453 PG:789-796 FEE:$32.00 NC REVENUE STRNP:$1,260.00 INSTRUMENT # 2002048790 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $/oZ 6(7' 00 GENERAL WARRANTY DEED Tax Map#R05213-006-006-0000 Mail After Recording To: J Z- c 'eh 7 /ate DRAWN BY: CALDER& CALDER, 611 Princess Street, Wilmington,NC Brief Description: Lagoon Tract North Wrightsville Beach This deed, made and entered into this,the day of ,2002,by and between SUNSET LAGOON INVESTMENT PROPERTIES,LLP,the GRANTOR herein;and,FRANK A. GOSTYLA and wife ANTONETTO F. GOSTYLA,the GRANTEE herein . WITNESSETH : That the Grantor,for and in the consideration of the sum of One Dollar and other valuable consideration,the receipt of which is hereby acknowledged,has and by these presents, does grant, bargain, sell and convey unto the Grantees in fee simple, that real estate located in the County of New Hanover, State of NORTH CAROLINA,more particularly described as follows: BEGINNING at a point in the Western right of way line of North Lumina Avenue (50 feet right of way), said point being the Southeast corner of Lot 1,Parmelee Isles, Section A,recorded in Map Book 5 at Page 127 of the New Hanover County Registry; running thence from said beginning point with the Western right of way line of North Lumina Avenue, South 34 degrees 34 minutes West 272.88 feet to the point of intersection of the Western right of way line of North Lumina Avenue with the Northern right of way line of Crane Street extended; running thence with the Northern right of way line of Crane Street North 22 degrees 19 minutes West 110.0 feet more or less to the low water mark of the Sound;running thence Northwardly with the low water mark.of the Sound to a point which is located South 80 degrees 22 minutes West from the Southwest corner of the above mentioned said Lot 1;running thence North 80 degrees 22 minutes East 50 feet, more or less to the Southwest corner of the above mentioned Lot 1;running thence with the lines of said Lot 1 South 52 degrees 43 minutes East 52.07 feet and South 55 degrees 36 minutes East 66.05 feet to the point of beginning; with the exception of an easement to the Town of Wrightsville Beach for a 15 foot drainage which is 94.1 feet from the North side of the property and a 7.5 foot easement to the South side of the property,which easements are shown n the map attached to the Deed recorded in Book 1134 at Page 1609 of the Ne E Hanover County Registry; AND BEING that property described in Dee 4 in Book 2261 Page 482 in said Registry. i� k A y a� 9 W � 9 appurtenances thereto,heretofore belonging to the Grantee in fee simple, SUBJECT HOWEVER to the following terms and conditions set out hereinafter. SUBJECT TO an exclusive perpetual easement over the property described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING commence at the Southernmost corner of Lot 1,Parmelee Isles, Section A.recorded in Map Book 5 at Page 127 of the New Hanover County Registry. Said point being on the Westerly right-of-way line of North Lumina Avenue(50 foot right of way). Go thence South 34 degrees 46 minutes 11 seconds West 149.57 feet along said Westerly right-of-way line to the true point of beginning. Running thence from said beginning point. 1. South 34 degrees 46 minutes 11 seconds West 120 . 87 feet, with said Westerly right-of-way line to its intersection with the Easterly right-of-way line of Crane Street (50 foot right-of-way) ; thence 2 . North 22 degrees 04 minutes 59 seconds West 58 . 94 feet, along said Easterly right-of-way line of Crane Street, to a point on a bulkhead; thence 3. North 63 degrees 25 minutes 40 seconds East 67 . 64 feet, along said bulkhead to a point; thence 4 . North 35 degrees 12 minutes 28 seconds East 29. 45 feet, along said bulkhead to a point; thence 5. South 54 degrees 41 minutes 00 seconds West 16. 62 feet, to the point of beginning. The same being a portion of that tract deeded to Sunset Lagoon Investment Properties, LLP by Deed recorded in Book 2261 at Page 472 of the New Hanover County Registry. The above described easement contains 3, 254 square feet (0. 075 acres more or less) . The easement described herein is a perpetual exclusive easement granted to Sunset Lagoon Investment Properties, LLP, (herein referred to -as the Easement Holder) for the purpose of access, ingress and egress to the piers and docks attached to and extending from the subject property and North Lumina Avenue, and of access, ingress, and regress for the use, maintenance, and upkeep provided for herein, and required hereby. Said property subject to the easement may be used solely and exclusively by the said Easement Holder, and guests of its Partners. The Easement Holder does hereby indemnify and hold harmless the Grantee in this Deed from any loss, cost, or harm incurred by the Easement Holder=s use, ownership, possession, non-use, or neglect of the said property, including reasonable attorney=s fees incurred by the Grantees, unless such loss is caused by the actions, or inactions of the Grantee, or their guest, invitees, successors in title or assigns. The annual taxes on the entire tract of which the property subject to this easement is apart, shall be billed to the Grantee in this Deed, or their successors, in title, or assigns (sometimes referred to herein as the Aproperty owner@) ; however, the Easement Holder shall pay its share of the annual Ad Valorem Property Taxes on the overall tract, based on the following formula. The value of the property that the Easement Holder is responsible for paying Ad Valorem Tax levied upon shall be a Pro- Rata share of the land value only, based on the square footage contained in the overall tract, and the square footage contained in the easement area, with an additional thirty thousand ($30, 000 . 00) dollars value added, which thirty thousand dollars shall pay their share of such tax directly to the New Hanover County Tax Office no later than December 31St of each year. Grantee in this Deed shall provide a copy of the annual tax bill, including a break down of the value- of the property between land and buildings, within 30 days of receipt of same from the New Hanover County Tax Office. The Easement Holder shall deliver to property owner a check payable to the New Hanover County Tax Office for the Easement Holder=s share of the year=s taxes, with details concerning how the amount of the payment was derived, no later than December 1 of every year (providing the property owner has delivered the information required of them) . In any year in which a general re-evaluation of property tax values is to be performed, the Easement Holder will endeavor to have the Tax Department value the easement area, and improvements thereon, separately, in which case the Easement Holder shall be responsible for the taxes due based on that separate value. If a separate valuation is not available, the Easement Holder shall hire an Appraiser to determine the value of the pier and dock on the easement area, and the tax value for determination of the Easement Holder=s share of the tax shall be the prorata value of the land alone, plus the appraised value of the pier and dock. In the event either the Easement Holder or the property owner fail to pay their proper share of the annual tax within one hundred eighty days after written request therefore by the other party, the said other party may pay the total. tax bill, and shall automatically have a lien on the. other party=s part of, or interest in, the property, which lien may be collected and foreclosed in the manner of a Homeowners Dues assessment as provided in the North Carolina General Statutes Chapter 47F and Article 2A of Chapter 45 . In the event the piers, docks and bulkheads in the easement area are damaged or destroyed, the Grantees herein, for themselves and their successors in title and assigns, agree to , promptly and fully comply with all of the Easement Holder=s requests made in connection with reconstruction of the facilities, including application for permits needed for the construction. The cost of all maintenance, repair and construction of the improvements in the easement area shall be borne solely by the Easement Holder, and the Easement Holder does hereby indemnify and hold harmless. the Grantees herein, and their successors in title and assigns, for all loss cost or harm based thereon, except that which is caused, directly or indirectly, by said Grantees actions or inactions . The Easement Holder shall acquire a $1, 000, 000. 00 general liability insurance policy covering the easement area which lists the property owner as an additional insured; however, in the future, if such a policy becomes unavailable on commercially reasonable terms, this requirement shall automatically be amended to require the Easement Holder to make reasonable efforts to acquire an alternative assurance for the protection of the Grantee, their successors and assigns. All the parties hereto agree that there shall not be constructed any additional piers, docks, or other structures on either the property conveyed herein, the easement area, or the portion of the easement area that may be conveyed to the Easement Holder in fee at a later date. The Grantee in this Deed further agrees to cooperate fully properties are separated, the tract to be conveyed to the Easement Holder in fee will be the .following described tract: BEGINNING AT THE INTERSECTION of the Westerly right-of-way line of North Lumina Avenue (50 foot right-of-way) and the Easterly right-of-way line. of Crane Street (50 foot right-of-way) in Wrightsville Beach, North Carolina. Running thence from said beginning point: 1. North 22 degrees 04 minutes 59 seconds West 58 . 94 feet, along the Easterly right-of-way line of said Crane Street, to a point on a bulkhead; thence 2 . North -63 degrees 25 minutes 40 seconds East 60 . 00 feet, along said bulkhead to a point; thence 3. South 16 degrees 43 minutes 17 seconds West 66. 39 feet, along a new line, to a point on the Westerly right-of- way line of said North Lumina Avenue; thence 4 . South 34 degrees 46 minutes 11 seconds West 21. 75 feet, along said Westerly right-of-way line to the point of beginning. The same being a portion of that tract deeded to Sunset Lagoon Investment Properties, LLP by Deed recorded in Book 2261 at Page 472 of the New Hanover County Registry. The above described tract contains 1, 986 square feet.. TOGETHER WITH an easement over the remainder of the tract subject to the initial easement. Such Easement shall be on the same terms as the original easement set out above, except that the tax value used as the basis for determination of the amount of the annual Ad Valorem Tax for which the Easement Holder are responsible shall be the ratio of the property subject to the remaining easement compared to the overall remaining tract, and shall not include the value of the pier. The Grantee in this Deed does further hereby give, grant and convey to the Easement Holder, their heirs, successors in title and assigns, an option to purchase the above tract which, if separated, is to be conveyed to the Easement Holder for the sum of $1. 00 in funds of the United States . This option shall run from the date of recordation of this Deed, through and including the death of the last of the current partners of the Easement Holder (Frederick Willetts, III, Myrna Willetts, Janet H. Blanton, David M. Callahan, and Carol Callahan) , plus twenty one (21) years. The Easement Holder right to exercise this option is contingent upon the Town of Wrightsville Beach agreeing that the property may be sub-divided in compliance with the codes and ordinances of the Town of Wrightsville Beach. In the event there is any dispute between the parties hereto as to the termination of the tax division or the Easement Holder=s ability to require the Grantee in this Deed to reconvey the above smaller tract, the dispute shall be decided by binding arbitration, in accord with -the then current arbitration terms contained in the Uniform Arbitrations Act. The arbitrator shall be a person agreed upon by all parties. Each of the Grantors and Grantees of this deed shall bear their own costs, and one-half of the cost of the arbitrator, in the event such arbitration is necessary. The Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances and that Grantor will warrant and exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2002 ad valorem taxes; the terms contained herein, and all applicable restrictive covenants and utility easements of record. In witness whereof, the Grantor has caused this document to be executed with all due authority by its duly empowered Partner this the day and year first above written. SUNSET L ON INVESTMENT PROPERTIES, LLP By: (SEAL) rederick Willetts, III By: F1 (SEAL) Wavid—M..'ICallaSa-n lanton By: (SEAL) By: (SEAL) Myr illetts By: (SEAL) Carol Callahan The Grantees join in the Execution of this document to expressly acknowledge acceptant f, and agr ment to be bound by, the terms contained h ei . (SEAL) A. GOST LA (SEAL) ANTONETT&. F. GOSTYLA �1• G � STATE OF NORTH CARlO�LINA COUNTY OF a Notary Public of the ounty and State aforesaid, certify that Frederick Willetts, III and Myrna Willetts, personally appeared before me this day and acknowledged the execution of the foregoing instrument for SUNSET LAGOON INVESTMENT PROPERTIES, LLP by him/her as,� Partner. �LL Witpq„gy, hand and official stamp or seal, this the �Cl day a P a�� , 2002 . 01 A R),:6= • to y Public pUBv-�G J��', M I• y ommission Expires: .• r EVER STATE OF NORTH CAROLINA COUNTY OF -k1f/ a Notary Public of the County and State aforesaid, certify that Janet H. Blanton personally appeared before me this day and • acknowledged the execution of the, foregoing instrument for SUNSET LAGOON INVE�S,T&6E G,,,,��PROPERTIES, LLP by her as Partner. \Sp,J. DUB, Witte •�Y"ny'IS' 4c;""and official stamp or seal, this the lzl t day of 002 . m. :U �. G • vBLI yy •.��C' ' of ry Pub c /� / �ER•C��?�� My Commiss on Expir s: �7�/�jQ� STATE OF NORTH CAROLINA COUNTY OF IV Cj I, LEort -:1,• a Notary Public of the County and State aforesaid, certify that David M. Callahan and Carol Callahan personally appeared before me this day and acknowledged the execution of the foregoing instrument for SUNSET LAGOON INVESTMENT PROPERTIES, LLP by him/her as Partner. Witness my hand and official stamp or seal, this the ���`day 0f ��'��.� *ta 02. — r- Pu �9CA���D(�Q9;% issi n Expires: %/�'�/G�f LIC `ER cb\s 2 STATE OF NORTH CAROLINA COUNTY OF IV(!, ���o✓Cr a Notary Public of the County and State aforesaid, certify that FRANK A. GOSTYLA and wife ANTONETTO F. GOSTYLA, personally appeared before me this day and acknowledged the execution of the foregoing instrument for the limited purpose defined above. Witneg,s my hand and official stamp or seal, this the G day of -5 2002 . tary Public y .Commission Expires: OFFICIAL SEAL Noah Carofrrra•CumWlwd County JAMES C. HUFP NOTARY PUBLIC Nb Commission FVire0434004 �� I