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 `
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{ (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 '>
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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
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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
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