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HomeMy WebLinkAbout68-03 MM 05/2004 Permit Class Permit Number MODIFICATION/MAJOR 68-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission C RECEIVED ikrmtt JUN 2 1. 2004 for X Major Development in an Area of Environmental Concern .(*C0ASfiA1.1 ►N�G pursuant to NCGS 113A-118 RALffi Excavation and/or filling pursuant to NCGS 113-229 Issued to Jimmy's Island,LLC, 1904 Eastwood Rd., Suite 212,Wilmington, NC 28403 Authorizing development in Pender County at Mill Creek and Topsail Sound , as requested in the permittee's application dated revised 12/29/03, including the attached workplan drawings (5), dated received 1/2/04 This permit, issued on May 25, 2004 , 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. Marina Facility 1) To ensure that a closure of open shellfishing waters does not occur as a result of this project, the 4-slip and 5-slip sections of the docking facilities located on the Topsail Sound/AIWW section of the project must be separated by a minimum of 100'. 2) The marina facility will display a sign showing the location of the nearest pumpout facilities, including other appropriate waste disposal information, at the entrance and exit from the main piers. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (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 t 1 personnel when the project is inspected for compliance. C&Res S. Jones, Director Any maintenance work or project modification not covered D1V1SlOri Of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 Z In issuing this permit, the State of North Carolina agrees I/,( ItW 4/ that your project is consistent with the North Carolina Coastal Management Program. Signature of irermittee Jimmy's Island, LLC Permit #68-03 Page 2 of 4 ADDITIONAL CONDITIONS 4) This p it.. orizes only the docks, piers, and other structures and uses located in or over the water that are txpres ly and specifically set forth in the permit application. No other structure, whether floatingbr.sta 'onary, may become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 5) This permit authorizes a maximum of 18 boat slips. At no time shall more than 18 vessels be moored or docked at the facility. Furthermore, boats may only be moored in the 18 slips defined and numbered on the attached workplan drawing 2 of 5 and 4 of 5, both dated received 1/2/04. The restriction on the number of vessels and docking locations shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 6) No portion of the covered decks associated with pier shall be constructed over vegetated wetlands. 7) In accordance with commitments made by the permittee in the Environmental Assessment prepared for this project, restrictive covenants shall be placed on each lot within the subdivision prohibiting additional piers off of any lot within the subdivision. The restrictive covenants must be in place, and copies provided to the Division of Coastal Management, prior to the construction of any structures authorized by this permit. 8) In accordance with commitments made by the permittee in the Environmental Assessment prepared for this project, restrictive covenants shall be placed on each lot within the subdivision prohibiting dockage by any boats greater than 24' in length, and prohibiting dockage by any boats with cabins or heads. The restrictive covenants must be in place, and copies provided to the Division of Coastal Management, prior to the construction of any structures authorized by this permit. 9) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters outside of the marina basin that are open to the taking of shellfish. Any such closure directly attributable to the marina facility will require that the permittee undertake remedial actions to remedy the situation. 10) The Mill Creek portion of the authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11) 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. 12) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 13) Any portion of the permitted access piers and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. Jimmy's Island, LLC Permit#68-03 Page 3 of 4 ADDITIONAL CONDITIONS 14) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 15) 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. 16) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the United States liable for any such damage. 17) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 18) No portion of any structure will be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. As as-built survey must be performed on the authorized structures and sent to the U.S. Army Corps of Engineers Wilmington Regulatory Office. 19) The State of North Carolina and/or the Federal Government does not assume any liability for: A. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or natural causes. B. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on the publics behalf. C. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. D. Design and construction deficiencies associated with the permitted work. E. Damage claims associated with any future modification, suspension, or revocation of this permit. Epdangered Species Protection 20) The West Indian Manatee, which is a federally endangered species, may be present in the waters surrounding the authorized project. In order to protect this species, all in-water work should be done during the period from November 1 to May 31. If work must be done during the period from June through October, the enclosed guidelines, entitled"precautions for General Construction in Areas Which Maybe Used by the West Indian Manatee in North Carolina"must be followed. Jimmy's Island, LLC Permit#68-03 Page 4 of 4 ADDITIONAL CONDITIONS General 21) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 22) No vegetated wetlands or open water areas may be excavated or filled. 23) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 24) Any mitigative measures or environmental commitments specifically made by the applicant in the Environmental Assessment for this project should be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 25) This Major Modification must be attached to the original of Permit No. 68-03, which was issued on 5/27/03, and both documents must be readily available on site when a Division of Coastal Management representative inspects the project for compliance. Call conditions and stipulations of the active permit remain in force under this major modification unless altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 030327. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200400494. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT PROPOSED MODIFICATION OF STATE PERMIT 968-03 MAR 0 4 2G04 1. APPLICANT'S NAME: Jimmy's Island, LLC/Water's Edge Community Marina 2. LOCATION OF PROJECT SITE: At the end of Great Oak Drive, adjacent to AIWW and Mill Creek, in the Water's Edge at Deerfield Subdivision, near Hampstead, in Pender County. Photo Index -2000: 26-336/A-D 8-9, E 9-10 1995: 26-319/H-N 17-18, O 18—19 1984: 18-237/F 8- 9, G& H 8-10, 1&J 9-10, K& L 10-11, M 11-12 and N 11 State Plane Coordinates -X: 2392032.923 Y: 219220.923 GPS File: Q112018A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 11/20/03 2/20/04 Was Applicant Present—Yes No 5. PROCESSING PROCEDURE: Application Received— 1/8/04 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Classification From LUP-AEC areas are classified Conservation; uplands as Limited Transition (B) AEC(s) Involved: EW, CW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Residential Community Marina (E) Wastewater Treatment: Existing—Individual septic tanks systems on private lots Planned -N/A (F) Type of Structures: Existing —Subdivision roads and utilities are currently under construction Planned - Construction of an 18-slip marina amenity for the previously permitted 18-lot subdivision. (G) Estimated Annual Rate of Erosion: N/A Source -N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal marsh & intertidal flats shading) 3,660 sqft. incorporation (B) Non-Vegetated Wetlands - open water 6,064 sqft. (C) Other (D) Total Area Disturbed: 9,724 sqft. (E) Primary Nursery Area: Yes, Mill Creek only (F) Water Classification: Mill Creek—SA Open: No AIWW/Topsail Sound—SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to build an 18-slip community marina to serve the Water's Edge Subdivision. The proposed facilities consist of two piers and four docking areas. I Jimmy's Island, LLC/Water's Edge Community Marina I Page Two 9. PROJECT DESCRIPTION: The applicants are requesting a Major Modification to their existing State Permit#68-03. The previously permitted project authorized the upland development of an 18-lot subdivision on the tract. This . application proposes to add community docking facilities as an amenity for the subdivision. To comply with the requirements of the State Environmental Policy Act(SEPA), an environmental document was prepared for the project and reviewed through the State Clearinghouse. A Finding of No Significant Impact(FONSI)was issued on January 8, 2004, following the review process. This application reflects the preferred alternative of the Environmental Assessment(EA). The Water's Edge at Deerfield Subdivision is located at the southern end of Great Oak Drive, off US Hwy. 17, in Hampstead, in Pender County. The 19.95-acre property is located on the north side of Mill Creek, at its confluence with the Atlantic Intracoastal Waterway(AIWW). The subdivision includes eighteen(18) single-family residential lots oriented adjacent to the approximately 2,900 linear feet of shoreline along Mill Creek and the AIWW. The majority of the tract has been cleared of vegetation for the ongoing development of the subdivision roads and utilities. The remaining vegetated periphery along Mill Creek consists primarily of American Holly(Ilex opaca), Live Oak(Quercus virginiana), Sweet Bay(Magnolia virginiana), Hickory(Carya sp.), Yaupon(Ilex vomitoria), Japanese Honeysuckle (Lonicera japonica), Cat-tails (Typha, sp) and Giant Cane (Arundinaria gigantea). Along the shoreline, the transition between uplands and marsh exhibits Grounsel-bush(Baccharus halimifolia), Marsh-elder (Iva frutescens), Wax Myrtle (Myrica cerifera) and Sea Oxeye (Borrichia frutescens). High coastal marsh vegetation, including, Black Needle Rush(Juncus roemarianus), Sea Lavender(Limonium, sp.), Spike Grass (Disticlus spicata)and Salt Meadow Grass (Spartina patens) intermix on the upper side of the Smooth Cordgrass (Spartina alterniora) coastal wetland border that parallels the shoreline. In the project area,the NC Division of Water Quality classifies the waters of the AIWW/Topsail Sound, as SA-ORW, and the waters of Mill Creek as SA. The NC Division of Marine Fisheries has designated the waters of Mill Creek as a Primary Nursery Area(PNA). The waters of Mill Creek are CLOSED to harvest of shellfish. The adjacent waters of the AIWW/Topsail Sound on the east side of the project are not designated as Primary Nursery Area(PNA), and they are OPEN to shellfishing. The applicants propose to construct an 18-slip community marina consisting of two piers, each with two docking areas. The first 9-slip pier(Dock Facility"A") would be located adjacent to the AIWW/Topsail Sound portion of the property. The pier would extend into Topsail Sound from an easement(25` wide), between Lot 2 and Lot 3. At approximately 150 feet into the marsh, the pier walkway would diverge from a T-intersection to access the two docking areas. The total length of the three walkway sections would be 595 feet. The walkway width would be 6 feet. The northern docking area would consist of a T- head floating dock(90' long X 6' wide), with three (3)perpendicular finger piers (24' long X 3' wide) installed to create five (5)boat slips. The southern docking area would consist of a T-head floating dock (40' long X 6' wide), with two-(2)perpendicular finger piers (24' long X 3' wide) installed to create four (4)boat slips. At both docking areas,there would be a covered deck(16' X 16') constructed adjacent to the pier walkway, landward of the ramps that access the docks. Boatlifts (14' X 14') would be installed in each of the nine (9) boat slips as requested by the subsequent property owners. All pier and docking structures would be located 80 feet from the adjacent federal channel. It should be noted that the AIWW channel makes a turns between the two docking areas and that each floating dock is oriented parallel to their respective tangent of the waterway channel. (Elevations shown on the project drawings are relative i Jimmy's Island, LLC/Water's Edge Community Marina MAR 4 LUG4 Page Three to National Geodetic Vertical Datum-1929 (NGVD'29). To convert these elevations to water depths at low water, you must add+0.SO to the number.) Water depths in the northern docking area would be -1.41 feet to—2.86 feet at low water, and depths in the southern docking area would be -3.42 feet to —3.75 feet at low water. The second 9-slip docking area(Dock Facility"B")would be located on Mill Creek. The pier would be accessed from Water's Edge Drive by a wooden walkway constructed along a pedestrian easement(20' wide),between Lots 17 and 18. The pier(265' long X 6"wide) would extend to the southern docking area which would consist of a T-head floating dock(120' long X 6' wide), creating four(4)parallel boat slips. A second leg of pier walkway would branch off to access the northern docking area. The total length of this walkway section would be 345 feet. The walkway width would be 6 feet. The northern docking area would consist of a L-head floating dock(150' long X 6' wide)to create five(5)parallel boat slips. Again at both docking areas,there would be a covered deck (16' X 16') constructed adjacent to the pier walkway, landward of the ramps that access the floating docks. Water depths in the northern docking area of Dock Facility`B"would be -1.49 feet to—2.42 feet at low water, and depths in the southern docking area would be -2.71 feet to—2.26 feet at low water.No boatlifts or other mooring structures would be allowed waterward of the floating docks in Dock Facility "B". The combined docking facilities of the two (2)piers would create an 18—slip community marina for the subdivision. The applicant stated in the Environmental Assessment(EA)that the restrictive covenant of the subdivision would prohibit the construction of additional piers from individual lots, as well as, limit boats to a maximum length of 21 feet, with no cabins or heads (marine sanitation devices). 10. ANTICIPATED IMPACTS The construction of the proposed 18-slip marina would result in the incorporation of 6,064 square feet of Estuarine Waters and Public Trust Area. The combined length of the proposed pier walkways would result in the shading of 3,660 square feet of coastal wetlands and intertidal mud flats. Short-term increases in turbidity can be expected during piling placement. The project would provide water and boating access for the subdivision lot owners. Submitted by: E. F. Brooks Date: February 25, 2004 Office: Wilmington Recommendations for State Permit—Water's Edge Community Marina/.Jimmy's Island, LLC The arrangement of the finger piers in the northern docking area of Dock Facility"A",provide the potential to moor an additional vessel on the northeast side of the last finger pier. Relocating the finger pier between slips 8 and 9 would alleviate this potential. Within the marsh border,the pier walkway to the southern docking area of Dock Facility`B"crosses a slough of unvegetated, intertidal mudflats that would be navigable at high tide by small watercraft(kayak, canoe,jet ski, etc.). The requirement of an arch in the pier walkway to accommodate navigation through this area may be applicable. Conversely, increased activity within the marsh border, especially by jet skis or other PWCs,may adversely impact the adjacent marsh area. This office recommends that any permit issued to authorize the proposed project should include the following conditions: 1. 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. 2. This permit authorizes only the dock,pier, float, retaining walls for the boat ramp, bulkhead, dredging (� the boat basin, and channel maintenance, 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 a permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without a permit modification. C 3. The docking facility located on the AIWW/Topsail Sound section of the project must meet the required PvQ of setbacks for the federal channel (80 feet). 4 The docking facility located on the AIWW/Topsail Sound section of the project must not be any closer than 100' from the edge of the boatlift pilings/docks/piers etc. to avoid the closure of shell fish waters. y5. In order to protect water quality,runoff from the construction must not visibly increase the amount of / suspended sediments in adjacent waters. ,! The permiee must install and maintain, at his expense,any signal lights and signals prescribed by the US Coast Guard through regulations or otherwise, on authorized activities. 7. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at(910) 395-3900 prior to commencement of any such activity for this determination. Any violation of or deviation from the Division of Water Quality's(DWQ)approval for this project under stormwater management rules of the Environmental Management Commission will be considered a violation of this CAMA permit. 9. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable 5waters at or adjacent to the authorized work. Recommendations for Jimmy's Island, LLCAVater's Edge Community Marina Page Two jl. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 12,/ At no time shall more than 18 vessels be moored, docked or located at the combined docking facilities. The restriction on the number of vessels shall apply to all marine vessel types, including,but not limited to motorboats, sailing vessels and personal watercraft. ,$<"13. Boat slips are for the sole use of the subdivision lot owners; slips shall not be rented, leased, sold, or otherwise used by any party. V/14. No portion of the covered decks(16' X 16' roof-line) associated with each docking area shall be constructed over vegetated wetlands. 15. Prior to the occupancy of any boat slips, a recorded copy of the subdivision restrictive covenant, prohibiting the construction of private piers from individual lots and restricting vessels to 21' in length, with no cabins or heads (marine sanitation devices), shall be submitted to the Division. (The Div. may wish to consider deed restrictions rather than restrictive covenant for this requirement.) Form DCM-Mp-1 APPLICATIO JA-N 2 2 0 in,4 DL DIVISION O (To be completed by all applicants) COASTAL MANAGEMENT N4GElVIENT b. City, town '", p r munity or landmark I. APPLICANT — pmv� D c. Street address or secondary road number a. Landowner: _ C—:q D o F cffA7T D,gKs Z)2 , Name Smyk,4Ls ,yam LL(: d. Is proposed work within city limits or planning jurisdiction? Yes �c No Address / q44� �fisT{�po1D�D. , �,�-Z/Z / ' LY. e. Name of body of water nearest project (e.g. river, City _1Ic1I IlKGYPnI State creek, sound, bay) � +�Psw rr_ So v.v D Zip �. 63 Day Phone �}'f D - _ G - !d 4S F.ax C'10 - ZS'& -Q I Z. 3. DESCRIPTION AND PLANED USE b. Authorized Agent: OF PROPOSED PROJECT Name �r2Ll ���¢ �-� a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address J g excavation and/or filling activities. �45t�too NST1�'UCT %2 "Y"SNSP n r- City 1 Na '� State e . PIC2 SwSTEmC Zip 0 3 Day Phone g!D ' Z,SG •10 q S� b. Is the proposed activity mainterniance of an existing project, new work, or both? 6,3 Fax I Z�!V -ZS� - D I Y/ �� r�IloarFrcwTfi�N of t '�ttr1"1�io. Gg',n� c. Will the pr ' t be for public, private or commercial crroject name (if any) C:co-rtmvNrN DocIcING use? -hoc I t.ti TV1 � 'e`s �. f2--r— d. Give a brief description of P purpose, use, methods of construction and daily operations of 'proposed NOTE: Perrrd,wil!be irJued in name of kvdowrwr(J), andlor project. If more space is needed, please attach projecrname. additional pages, _eyt�s' Aoprr �cl�-cs 2 M o W N M&S O pr W'�ll72 S �r�G E 2. LOCATION OF PROPOSED (1S`cF2 r V1 K „ 'emsow.Q- PROJECT ;cps pt_cr�l� -rt�E ss�k6C2sulyE- n a• Count �Nv�r_yfi �1E?TIXl t�l4/�IGS 14ND y �D c�SSErnB�►�� p1�2 -T 701�€ s _ Revtsed03/95i, cs5� Form DCM-MP-1 NIM OKLOG� LLS�D 14(� Y ?2KA7O AJ PROYMED 04 4416/1A4L l4PP4-/ci4/a^1 Fore- qr?6M1V- 63-03 4. LAND AND 'WATER m. Describe existing wastewater treatment facilities. CHARACTERISTICS a. Size of entire tract n. Describe location and type of discharges to waters b. Size of individual lot(s) of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash c• Approximate elevation of tract above MW H or down" and re-sidential discharges.) NWL d. Soil types) and texture(s) of tract o. Describe,existing-drinking water supply source. e. vegetation on tract f. Man-made features now on tract 5. ADDITIONAL INFORMATION 9. What is the CAMA Land Use Plan land classification of the site? (Consult&e local land use plan In addition to the ,co{npleted application form, the following items 'must'be' submitted: Conservation Transitional Developed _,Community • '9 ►'copy of the'deed'(with state application only) or Rural Other other instrument under which the applicant claims title h. How is the tract zoned by local government? claimingf to the the o properties r if the applicant is not of said property, then forward a copy gf,the deed or other instrument under i. Is the proposed project consistent with the applicable which the owner'claims title, plus written permission from the owner to carry out the project. zoning? y� No (.111ach Zoning colrFu zn11 ccnificatc, Vapplick ) An accurate, dated work Plat:(,inGlu.ding plan•view Has a professional archaeological"assessment been and cross-sectiopal drawings) drawn to scale in black done for the tract? _ yes No ink on an 8 1/2 by 1.1" white paper, (Refer -to If yes, by whom? Coastal•Resources Coiiimissfon Rule 7J.0203 for a detailed description.) Is the project located in a National Registered Please note that original drawings are referred and Historic District or'does it.'Involve a National only high quality copies will be accepted. Blue-an . . Register listed-o'r,eligible property?r � prints or other larger plats are acceptable onlyif an line Yes — No, prints adequate number of quality copies are provided by Are there wetlands on the site? applicant. (Contact the U.S. Army Corps of Coastal (marsh) Other Yes --_.No Engineers regarding that agency's use of larger If.yes, has a'delirieation been conducted? drawings,) A site or location map is a part of plat 64noch do�nrarion +IdYa+labl<) , „ requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the n.4,...4 A,,n. Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND • A list of the names and complete addresses of the I understand that any permit issued in 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 in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed 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 such notice has been provided. conducted in a manner consistent with such program. Name S-m-E- 4n-Rc4,p ,S17— 1 certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Address permit application and follow-up monitoring of the Phone project. Name I further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone 0�6wsa D Derc 2% Z00,3) • A list of previous state or federal permits issued for This is the day of ?0p3 work on the project tract. Include permit numbers, (J �- permitte r�e e, and issuing dates. Print Name GrC�i 1 'rZw- 014M0 mtr Signature tkA-1-1tA-- �J �1 Landowner or Aiuhorited.4genr C�tzPS OP: 9+6.s 1QcncN-VD '�030o�G • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the' application. DCM MP-2 Excavation and Fill Information CM MP-3 Upland Development • A signed AEC hazard notice for projects in DCM MP-4 Structures Information oceanfront and inlet areas. DCM MP-5 Bridges and Culverts ✓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 - I to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina j" Environmental Policy Act. C ;% DIVISION OF COASTAL MANAC'-^lr!,-- Revised 03/95 (?eIv.e4sez 1 Z.I ZCild3 Form DCM-M -4 STRUCT ECE2, 2VE URE3 3 (Constructior, within Public Trust Areas) 14iN �i /2 2004 D DIVISION OF COASTAL MANAGEMENT NIE Attach this form to Joint Application for LAMA Major e. Mooring buoys (91 Permit, Form DCM-MP-1. Be sure to complete all other sectiorls of the Joint Application which relate to (1) Commercial _Community private this proposed project. (2) Number (3) Description of buoy a. Docks and/or piers(1) _Commercial-LCommunitY-XPrivate (Color, inscription, size, anchor, etc.) (2) Number 4 Mill Creek Topsail Sound (4) Width of water body (3) Length AW) 265' 2 Pi. Ll P��, (5) Distance buoy(s) to be placed beyond (4) Width 300' 300, shoreline 6' 6' 6' 6, (5) Finger Piers 0 2 I � (6) Platforms I I i 1Z'{ X q� f. Mooring.structtire oatlift Length 150' 91 wring Pilings, etc.) Width 12 40' _ No mooring structures are proposed for these piers; (7) Number of Slips 5 (F L boats will be tied alongside floating platforms. The (8) Proximity to 4 5 4 two piers to be extended into Topsail Sound will be Adjacent Riparian constructed so as to allow the individual lot-owner the , epl0er to install a boat lift at a later date. Property lines 75' 225' 100' 250� �FT � l� x I C�- (9) Width of Waterbody g Mer (Give co"Flete drsaiprion) ;rl (Marsh a Marsh) 85' 100' 500' ���(10)Water Depth at 560 of Water and end A it'x W covered deck is proposed for of pier at MLW -3' -3, -4, -4' —' each of the four proposed piers. Saps ARE 14`�1 X Zk'l- pops-W 5 b. Boathouse (including covered lifts) (1) Commercial � (2) Length �KPfivate ��n��.v�Ty �cx(IVG F'�etc.i Ty (3) Width � �'o�r ,�t-y- %}��a APPucamt or Project Name c. Groin (e- (1) Number ber wood, sh e�pile, etc.) (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.)Na(1) Length ) (?) Average distance from MHW, NWL or wetlands . (3) Maximum distance beyond MHW, N RL or wetlands Form DCM-NfP-6 C V E MARINA `6 2'JAN 2004 DIVISION OF DEVELOPMENTCOASTAL MANAGEMENT (Required for the mooring of more than 10 vessels) Attach this corm to Joint Application for CAMA Major g. Typical boat length Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this h. Maximum boat length Z { proposed project. i. Are any floating structures planned? If so, describe r c-0 aT iti1 C. 4pocKS 1. MARINA CHARACTERISTICS a. Check below the type of marina pr ed. Commercial Public 1/ Residential b. Will the marina he opeR-to the general public? 2. MARINA OPERATIONS Yes V/ No N oN k ch of the following sanitary facilities that c. If there is residential development associated with will be ' cluded in the proposed project. the marina, how many units or lots are planned and Office toilets how many are currently d veloped? Toilets for patrons 11I Zfq Number Location Showers d. Check all of the types of services to be provided. Boat holding tank pumpout Full service, including travel lift and/or rail Type and locatio Dockage, fuel, and marine supplies- Dockage ("wet slips") only Number of slips 2 5Ts-FE-rns c9 F '�' s Ll P S b. Describe treatment a and disposal location for all Dry storage sanitary wastewater. Number of boats sum s o F 1 ( o o v4TS Boat ramp(s) Other (describe) c. Describe the disposal of id waste, fish offal and e. Check below the proposed type of siting. trash disposal. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required d. How will overboard discharge of ewage from boats Other (describe) be controlled? f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). oF�--?N RUNWHDuT e. Give the location and number of o Sewage Discharge" signs proposed. Revised 03195 Form DCM-MP-6 f. escribe the special design, if applicable, for o. Is the marina proposed wi in a primary or twining industrial type pollutants, such as paint, secondary nursery area? Yes No s dblasting waste and petroleum products. p. Is the marina proposed within an area open to shellfish harvesting? Yes V' No q. Give the location and numbZONE r( of "Pumpout Available" signs proposed. N 0 N E g. Where will residue from vessel maintenance be dispos of? MmLWI" 1DocKIAd6 T- 4 10r-j rDr?- h. Give the n mber of channel markers and "No �,� Wake" signs roposed. Zq Zoo 3 i. Give the loca 'on of fuel-handling facilities, and Date describe the saf ty measures planned to protect area water quality. j. Describe design m ures that promote boat basin flushing or circulatio and that reduce water quality impacts. k. What will be the marina olicy on overnight and live-board dockage? 1. Is the proposed marina locat near any shellfish leases? Yes o If yes, give the name and addres of the leaseholder. m. If this project is an expansion of an isting marina, what types of services are currently rovided? n. How many slips are now available? 0 N E 400 copies of this public document were printed at a total cost of$11.00 or $ .03 per copy. Revised 03/95 FINDING OF NO SIGNIFICANT IMPACT Water's Edge at Deerfield Pender County The following is a Finding of No Significant Impact (FONSI) for the two proposed community docking facilities for Water's Edge at Deerfield subdivision in Pender County. The two proposed docking facilities, as outlined in the Environmental Assessment(EA),includes Docking Facility A, located in Topsail Sound and Docking Facility B, located in Mill Creek. Each of the docking facilities proposes 9 slips. No new dredging will be associated with this project;however, the proposed piers are adjacent to the existing dredge-maintained channels of Mill Creek and the Topsail Sound(Atlantic Intracoastal Waterway)that will continue to be maintained as needed. This EA/FONSI are prerequisites for the processing of a Coastal Area Management Act (CAMA)Major permit application by the Division of Coastal Management. It is concluded that the proposed project will not have a significant adverse effect on the environment provided that it can be permitted and subsequently developed consistent with the State guidelines in the Rules of the Coastal Resources Commission and the avoidance/mitigation measures contained in the EA. An Environmental Impact Statement(EIS)will not be prepared for this project. North Carolina Division of Coastal Management January 8, 2004 D S Ii i JA' CU 'i j .i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Jimmy's Island, LLC County: Pender LOCATION OF PROJECT: End of Great Oak Drive, in Water's Edge at Deerfield SD, Hampstead .T, ?- E DATE APPLICATION RECEIVED COMPLETE BY FIELD: , 2004 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brooks DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: 3 —�'�Y FEE REC'D:$ Wd PUBLIC NOTICE REC'D: ,/ END OF NOTICE DATE: -3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: /, ON: C) 75 DAY DEADLINE: 3r?-3/ 150 DAY DEADLINE: 6-6� MAIL OUT DATE: �j 3 l7� STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative > Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section 3'Z —vim Division of Water Quality L/ Storm Water Management(DWQ) /�y State Property Office 3,®'t Division of Archives&History L/—/-O-f !/ Division of Environmental Health 3 (6 Division of Highways Wildlife Resources Commission I-q --oy Division. of Water Resources Division of Marine Fisheries Submerged Lands(DMF) MEMO To: Doug Huggett From: Mike Christenbury Subject: Consistency Determination, Major Permit Application, Jimmy's Island, LLC/Water's Edge Community Marina, Pender County Date: May 14, 2004 The applicant proposes build 4 docks with slips (2 docks along the Intracoastal Waterway and 2 along Mill Creek) to serve the Water's Edge Subdivision. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, CW, ES and PT. Waters at the project site are classified as SA in Mill Creek and SA-ORW along AIWW/Topsail Sound. Mill Creek is closed to the harvesting of shellfish and AIWW/Topsail Sound is open. Mill Creek is a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation. In general, Pender County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies which exceed the State's minimum use standards including those for marinas and wet slip marinas. Under(A) Resource Protection policies of the Pender County Land Use Plan. "there shall be no new marinas allowed in or adjacent to waters designated ORW." For permitting purposes, DCM defines marinas as more than (10) ten slips. However, the Pender County Land Use Plan defines marinas "as any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than five boats. " Each of the two docks proposed along the Intracoastal Waterway do not exceed 5 slips. Provided neither of the proposed docks along the Intracaoastal Waterway(ORW waters) exceed 5 slips, and provided all local, state and federal requirements can be met, this project appears to be consistent with the 1991 Pender County Land Use Plan Update. Cc: File Jim Gregson May 5, 2004 Regulatory Division Action ID No. 200400494 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference Terry Turner's application for a Department of the Army permit to build an 18 slip community marina in Mill Creek to serve the Water's Edge Subdivision located at the southern end of Great Oak Drive, off US Highway 17, in Hampstead, Pender County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: fC 1. All work authorized by this permit must be performed in strict compliance with the p rmit plans, which are a part of this permit. 2. No vegetated wetlands will be excavated or filled. 3. This permit does not authorize the interference with any existing or proposed Federal roject, and the permittee will not be entitled to compensation for damage or injury to the Jauthorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 111/ 4. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. pru 4The Permittee must install and maintain, at its expense, any signal lights and signals ried by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities constructed within navigable waters of the United States. 6. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 7. The authorized structure and activity will not cause an unacceptable interference with navigation. 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. J9. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. i 10. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 11. The permittee understands and agrees that,if future operations by the United States require v�'the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 12. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. 2 d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 13. No portion of any structure will be located within 80 feet of the near bottom edge federally maintained channel. An as-built survey will be performed on the pier/docks upon completion of the project and sent to the Wilmington Regulatory Field Office. 14. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 15. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters near the Beaufort waterfront. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure 3 Copies Furnished (Without enclosure): Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 4 / ENT OF ryP United States Department of the Interior o m a FISH AND WILDLIFE SERVICE a� Raleigh Office 4� �Q� � Post Officee Box 33726 �4RCH 3 `0 Raleigh,North Carolina 2763&3726 �S'� L n �r April 7, 2004 RECEIVED Mr. Henry Wicker APR 13 2004 U. S. Army Corps of Engineers Wilmington Regulatory Field Office WFCOAMIL"Ail P. O. Box 1890 SW, Wilmington,North Carolina 28402-1890 Subject: Action ID #200400494, Jimmy's Island LLC, Water's Edge at Deerfield Subdivision, Pender County,NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the subject Public Notice(PN), dated March 19, 2004. The applicant,Terry Turner for Jimmy's Island LLC, has applied for a Department of the Army(DA)permit to construct a community marina consisting of two piers and four docking areas at the Water's Edge at Deerfield Subdivision. We have reviewed the Field Investigation Report(FIR) of the North Carolina Division of Coastal Management(NCDM). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA) of 1973, as amended(16 U.S.C. 1531-1543). In January 2004 the Service received a copy of the Environmental Assessment(EA), dated December 29, 2003, for the proposed action from the NCDCM. The EA addressed a proposal to _. construct and operate four piers that would constitute the docking facilities for the subdivision. The project would consist of two piers each in Topsail Sound(Dock Facility A),near the Atlantic Intracoastal Waterway(AIWW), and Mill Creek(Dock Facility B). No submerged aquatic vegetation (SAV) had been observed in the project sites. The AIWW and Topsail Sound near the project have been designated as Outstanding Resource Waters (ORW)by the NC Division of Water Quality(NCDWQ). The size of boats using the facility would be limited to 21 feet in length. Construction would involve jetting and/or driving timbers into the ground. The Service provided initial comments to the North Carolina Intergovernmental Review Clearinghouse by letter dated February 13,2004. A copy of this letter was sent to you. 2 The EA discusses the measures to avoid or minimize the environmental impacts of the construction. The appendix of the revised EA contains the response of the applicant to the recommendations of the North Carolina Wildlife Resources Commission(NCWRC) and the NCDWQ. With the exception of the request by the NCWRC that no future dredging be undertaken in association with these docking facilities, all these recommendations have been Accepted by the developer. Regarding dredging, the developer indicates that both Mill Creek and the AIWW are dredge-maintained channels and that dredging would continue to maintain these navigation channels. The Service accepts the continuation of dredging for existing waterways, but would not support new dredging to facilitate access of boats between the development and these existing, maintained channels. The Service is concerned that low piers could harm marsh vegetation by blocking sunlight. The applicant has accepted the NCWRC recommendation that pier decking would be constructed a minimum of four feet off the marsh floor. Project plans (sheet 5 of 5) suggest that most piers would be approximately six feet above the marsh substrate. The Service supports this conservation design feature. As we noted in February, the Service has reviewed available information on federally-threatened or endangered species that could be present in the project area. The only listed species likely to occur in the project area is the West Indian manatee (Trichechus manatus), a federally- endangered mammal. We noted that placing timber by either jetting and/or driving poses a risk to the manatee since water depths at the ends of the proposed piers are given as -3.5 feet at mean low water(MLW). During high water, manatees would be able to access much of the area of pier construction. We stated that risks to the manatee would be reduced by implementing the "Guidelines for Avoiding Impacts to the West Indian Manatee-Precautionary Measures for Construction Activities in North Carolina Waters." These guidelines are available on our web site at<http://nc-es.fws.gov/mammal/manateeguidelines pdL. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area,work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. The risk to manatees would be further reduced by performing the work during the period of November through May. The EA notes that construction would take place "during periods of minimum biological activity," but does not specify the period. The FIR states that Mill Creek is a designated primary nursery area(PNA). The moratorium period for PNAs adopted by the North Carolina Department of Transportation and the Corps is February 15 through September 30. The moratorium period to protect most anadromous fish is February 15 through June 15. The Service recommends that in-water work occur outside the PNA moratorium period that would include all but the final month(October)when manatees are most likely to be in North Carolina. With the inclusion of our manatee guidelines and an in-water work moratorium during the warmest months of the year, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, Ay 3 endangered, or their designated critical habitat. However, the requirement of section 7 would need to be reconsidered if: (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Overall, the Service is pleased that the applicant has accepted the conservation recommendations of the state agencies. We support these recommendations and would not object to the issuance of a DA that contained the following conditions: 1. All pier decking would be minimum of four feet above the marsh floor; 2. No additional dredging would be allowed beyond that which has been performed in the past to maintain navigation in Mill Creek and the AIWW; 3. In-water construction would not occur during the moratorium period for PNAs and anadromous fish which, in combination,prohibits work during the period of February 15 through September 30; and, 4. The Service's "Guidelines for Avoiding Impacts to the West Indian Manatee- Precautionary Measures for Construction Activities in North Carolina Waters" are implemented. The Service appreciates the opportunity to provide these comments on this project. If you have questions regarding these comments,please contact Howard Hall at 919-856-4520, ext. 27, at the address above, or by e-mail at<howard ha�fws.gov>. Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Ronald Mikulak US EPA,Atlanta, GA Ron Sechler,NMFS,Beaufort,NC Mike Street,NC Division of marine Fisheries, Morehead City,NC Bennett Wynne, NCWRC, Kinston,NC John Dorney,NC Division of Water Quality, Raleigh,NC Jim Gregson,NC Division of Coastal Management, Wilmington,NC Kristie Corson,NC Division of Coastal Management,Raleigh,NC � K. •�� .. (.. � .. .s— ...t(dRlfM4'w:vll�tn'l'..Yn:_....y,.�.„n nwr -... f q' DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: March 25, 2004 Regul4tory Division Action ID No. 200400494 RECE'Vrow APR 0 2 2004 1904 Eastwood Road Suite 212 Wilmington, North Carolina 28403 Dear Mr. Turner: On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to build an 18 slip community marina in Mill Creek to serve the Water's Edge Subdivision located at the southern end of Great Oak Drive, off US Highway 17, in Hampstead, Pender County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. r Your application, pursuant to Section 10 of the Rivers Harbors Act, has been assigned Action ID No. 200400494 will be coordinating your permit application with other Federal agencies. You may contact me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 2 q� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS fwecavm � % P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 w�APR 0 2 2004 TO �♦TW ATTENTION OF: � n ��.`; f y�/A �g ATTENREPLYTION u� RI Regulatory Division ••..777 Action ID.;Z6aU00 1--71(41L�l Applicant: — ;i re 5 �19�c LLC), 1 Waterway: i reek County: kl Type Work: / 11<— :rW Mr. Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr. Ronald J.Mikulak, Chief Without enclosures Wetlands Section—IV Water Management Division Mr. Doug Huggett U.S.Environmental Protection Agency Division of Coastal Management 61 Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 1638 Mail Service Center Mr. Garland Pardue,Field Supervisor Raleigh,North Carolina 27699-1638 Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement Cj-re Post Office Box 33726 i egional Office Raleigh,North Carolina 27636-3726 Division oftoastal Management NC Department of Enviornment Health Commanding Officer and Natur IRes urrc/e1s United States Coast Guard lxv- r�[ v Marine Safety Office 721 Medical Center Drive Suite 100 Wilmington, NC 28401 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before 1-r - 19 Questions or comments may be addressed to the undersigned, available at telephone (910)251-4930. Sincerelyti qp/�Y W Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure 1 -�-NCDENR MAR 2 o 2003 North Carolina Department of Environment and Natural ResourcV 1S1ON OF A Division of Coastal Management RESaLRMS Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary March 19,2003 MEMORANDUM JUL 0 8 2003 TO: Mr. John Sutherland, Chief Water Planning Section ON.��T� W Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JIMMY'S ISLAND, LLC PROJECT LOCATION: END OF GREAT OAK DRIVE IN THE DEERFIELD SUBDIVISION NEAR HAMPSTEAD, NORTH CAROLINA. PROPOSED PROJECT: DEVELOPMENT OF AN 18 LOT SUBDIVISION TO BE KNOWN AS WATERS EDGE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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 7 L March 19,2003 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Acting Director William G.Ross Jr.,Secretary March 3,2004 RECEWFl) MEMORANDUM APR 14 2004 TO: Bennett Wynne y ;.04.0f COA M. -mosse Wildlife Resources Commission ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JIMMY'S ISLAND, LLC - MAJOR MOD. 68-03 PROJECT LOCATION: END OF GREAT OAK DRIVE, ADJACENT TO AIWW AND MILL CREEK, IN THE WATER'S EDGE AT DEERFIELD SUBDIVISION, NEAR HAMPSTEAD,PENDER COUNTY. PROPOSED PROJECT: BUILD AN 18-SLIP COMMUNITY MARINA TO SERVE THE WATER'S EDGE SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 24, 2004. 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. t// 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 y � 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 FIPFA NCDENR ,� -*OFFICE North Carolina Department of Environment and Natural Resource ' TL Division of Coastal Management Michael F. Easley,Governor Charles S. Jones,Acting Director William G.Ross Jr.,Secretary March 3,2004 04666 MEMORANDUM TO: Ms. Renee Gledhill-Early, Director `I Division of Cultural Resources Archives & History Building RECEIVED FROM: Doug Huggett Major Permits Processing Coordinator APR 01 2004 SUBJECT: CAMA PERMIT APPLICATION REVIEW 1V.QFCOM. MNS ft�H APPLICANT: JIMMY'S ISLAND,LLC- MAJOR MOD. 68-03 PROJECT LOCATION: END OF GREAT OAK DRIVE, ADJACENT TO AIWW AND MILL CREEK, IN THE WATER'S EDGE AT DEERFIELD SUBDIVISION, NEAR HAMPSTEAD,PENDER COUNTY. PROPOSED PROJECT: BUILD AN 18-SLIP COMMUNITY MARINA TO SERVE THE WATER'S EDGE SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 24, 2004. 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 c 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 MAR 1 0 2004 Q �ECfED ��- MAR 1 8 2004 NCDENR North Carolina Department of Environment and Natural Resourc#•0F Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr.,Secretary March 3,2004 MEMORANDUM TO: Mr. Joseph H. Henderson, Director MAR - 3 2004 State Property Office Department of Administration DOA STATE PROPERTY OFFICE FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JIMMY'S ISLAND,LLC-MAJOR MOD.68-03 PROJECT LOCATION: END OF GREAT OAK DRIVE, ADJACENT TO AIWW AND MILL CREEK, IN THE WATER'S EDGE AT DEERFIELD SUBDIVISION, NEAR HAMPSTEAD,PENDER COUNTY. PROPOSED PROJECT: BUILD AN 18-SLIP COMMUNITY MARINA TO SERVE THE WATER'S EDGE SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 24,2004. 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. Thi!age objects to the project for reasons described in the attached comments. 64 SIGNED 7 - DATE S 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 APR-02-2004 16:21 JACKSONVILLE DISTRICT 9103469030 P.02 A �.'� MAR 2 5 224 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Acting Director William G.Ross Jr.,Secretary March 3,2004 MEMORANDUM TO: Mr, Roberto Canales State Construction/.Materials Branch Division of Highways FROM; .Doug Haggett Major Permits Processing Coordinator SUBJECT: LAMA .PERMIT APPLICATION REVIEW APPLICANT: JIMMY'S ISLAND, LLC-MAJOR MOD. 68-03 PROJECT LOCATION: END OF GREAT OAK DRIVE, ADJACENT TO AI'WW AND MILL CREEK, IN THE WATER'S EDGE AT DEERFIE,LD SUBDIVISION, NEAR HAMPSTEAD,FENDER COUNTY. PROPOSED.PROJECT: BUILT) AN 18-SLIP COMMUNITY MARINA TO SERVE THE WATER'S EDGE SUBDIVISION. Please; indicate below your agency's position or viewpoint on the proposed project and return this torm by March 24, 2004. 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 recIoested. REPLY This agency has no objection to the project as proposed. T This agency has no comment on the proposed proiect.. This agency approves of the project, only it the recommended changes aTe'. incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED JaAAA,k— D, ^ ' DATE 3 7 0I 0 16 Mail Service Center,Rati6gh,North Carolina 27699-1638 phone' 919-733-2293\FAX: 919,733-14951 Internet; http:lldcm2.enr.state.nc,us An Equal Opportunity,Affirmative Action Employer—50%Recycled\10%Post Consumer raper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Acting Director William G.Ross Jr.,Secretary March 3,2004 MEMORANDUM TO: Terry Pierce, Director Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JIMMY'S ISLAND,LLC-MAJOR MOD. 68-03 PROJECT LOCATION: END OF GREAT OAK DRIVE, ADJACENT TO AIWW AND MILL CREEK, IN THE WATER'S EDGE AT DEERFIELD SUBDIVISION, NEAR HAMPSTEAD,PENDER COUNTY. PROPOSED PROJECT: BUILD AN 18-SLIP COMMUNITY MARINA TO SERVE THE WATER'S EDGE SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 24, 2004. 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 a4ency object o the projec for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc,us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper RECOVED MAR 16 2004 FqCDENR #.0F Mid` North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Acting Director William G.Ross Jr.,Secretary March 3,2004 MEMORANDUM )j , TO: Terry Pierce, Director CUMR 9 Division of Environmental Health FROM: Doug Hu ett 1 F1SH "'� gg SAN�TnT,�4r Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW .dwow APPLICANT: JIMMY'S ISLAND,LLC- MAJOR MOD. 68-03 PROJECT LOCATION: END OF GREAT OAK DRIVE, ADJACENT TO AIWW AND MILL CREEK, IN THE WATER'S EDGE AT DEERFIELD SUBDIVISION, NEAR HAMPSTEAD,PENDER COUNTY. PROPOSED PROJECT: BUILD AN 18-SLIP COMMUNITY MARINA TO SERVE THE WATER'S EDGE SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 24, 2004. 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 / 5tt &aA4 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. SIGN EJ" �,yW J!, DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR V North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 26, 2004 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director 3 0 2004 Division of Marine Fisheries FROM: Doug Huggett D1AF-HABI FrAlT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: At the end of Great Oak Drive, in the Water's Edge at Deerfield Subdivision, Hampstead, Pender County Proposed Project: To build an 18-slip community marina to serve the Subdivision, consisting of two piers and four docking areas. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 21, 2004. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 311. 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. y/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. SIGNEDLLL DATE 3 A-1 Lo q 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 Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 26, 2004 MEMORANDUM TO: Dan Sams Reftm for: Mr. James Simons, Director Division of Land Quality M4R A'$ 2004 FROM: Doug Huggett OFCOAft Major Permits Processing Coordinator Mavlaft SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: At the end of Great Oak Drive, in the Water's Edge at Deerfield Subdivision, Hampstead, Pender County Proposed Project: To build an 18-slip community marina to serve the Subdivision, consisting of two piers and four docking areas. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 21, 2004. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 311. 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. A t a.-6 44 r^dy 6 'Erosion and Sediment Control Plan application and approval wrequired for 11 project. This agency objects to the project for reasons described in the attached comments. w SIGNEDLto��JDATE FL6 2jo, 20c�`4 127 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 Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 26, 2004 MEMORANDUM TO: Ms. Melba Laney 11ED for: Mr. William A. McNeil, Director MAR O 4 2004 Division of Community Assistance SOF1 FROM: Doug ggett Hu Q Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: At the end of Great Oak Drive, in the Water's Edge at Deerfield Subdivision, Hampstead, Pender County Proposed Project: To build an 18-slip community marina to serve the Subdivision, consisting of two piers and four docking areas. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 21, 2004. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 311. 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 2 127 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 o ` .n��} ,� v �11 v, ��� " \ � .. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 26, 2004 MEMORANDUM TO: Mr. Charles F. Stehman, P.G., Ph.D. MAR 2 2004 Division of Water Quality/Groundwater Section FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: At the end of Great Oak Drive, in the Water's Edge at Deerfield Subdivision, Hampstead, Pender County Proposed Project: To build an 18-slip community marina to serve the Subdivision, consisting of two piers and four docking areas. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 21, 2004. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 311. 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 Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 26, 2004 MEMORANDUM TO: Ms. Noelle Lutheran " `ECEIVIED for: Mr. Alan W. Klimek, P.E., Director APR 0 8 2004 Division of Water Quality AOFC0A-„ gWA FROM: Doug Huggett Ott.. 'H Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: At the end of Great Oak Drive, in the Water's Edge at Deerfield Subdivision, Hampstead, Pender County Proposed Project: To build an 18-slip community marina to serve the Subdivision, consisting of two piers and four docking areas. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 21, 2004. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 311. 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 C V DATE n 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 �pP,,,ENT OF United States Department of the Interior N FISH AND WILDLIFE SERVICE Raleigh Field Office a Post Office Box 33726 �4ACH 3 'a' Raleigh.North Carolina 27636-3nfi February 13, 2004 REC Wi Ms. Chrys Baggett u n 1 9 2004 Environmental Policy Act Coordinator �ry,pF(,QA$�q! North Carolina Intergovernmental Review Clearinghouse lIIIAIVAGEl�EI�E North Carolina Department of Administration RALLAGH 1302 Mail Service Center Raleigh,North Carolina 27699-1302 Dear Ms. Baggett: This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the Environmental Assessment(EA),revised on December 29, 2003, for community docking facilities at the Water's Edge at Deerfield Subdivision(subdivision), Pender County,North Carolina. By letter dated January 8, 2004,Ms. Kristie Corson, Assistant Permits and Consistency Coordinator for the North Carolina Division of Coastal Management(DCM) sent the Service a copy of the EA and requested comments on the proposed work be sent to you. While the Service-has no formal role in the State Environmental Policy Act(SEPA)review process, we appreciate the opportunity to provide technical assistance and an early expression of the Service position that will be provided to the U. S. Army Corps of Engineers(Corps) on the release of a Public Notice (PN). Our comments to the Corps will be submitted in accordance with the Fish and Wildlife Coordination Act(48 Stat. 401; as amended; 16 U.S.C. 661-667d), and section 7 of the Endangered Species Act(ESA) of 1973; as amended(16 U.S.C. 1531-1543). They will be used in the Corps' determination of compliance with the Clean Water Act 404(b)(1) guidelines (40 CFR 230) and their public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. The consideration of our comments by the applicant, Jimmy's Island Limited Liability Corporation(LLC),will facilitate environmental conservation and permitting of the project. The EA addresses a proposal to construct and operate four piers that would constitute the docking facilities for the subdivision. The project would consist of two piers each in Topsail Sound(Dock Facility A),near the Atlantic Intracoastal Waterway(AIWW), and Mill Creek (Dock Facility B). No submerged aquatic vegetation(SAV)has been observed in the project sites. The size of boats using the facility would be limited to 21 feet in length. Construction would involve jetting and/or driving timbers into the ground. The EA discusses the measures used to avoid or minimize the environmental impacts of the construction. The pier structures would be elevated"well above all coastal and/or freshwater wetlands." The appendix of the revised EA contains the response of the applicant to the . recommendations of the North Carolina Wildlife Resources Commission(NCWRC)and the North Carolina Division of Water Quality(NCDWQ). With the exception of the request by the 2 NCWRC that no future dredging be undertaken in association with these docking facilities, all these recommendations have been accepted by the developer. Regarding dredging,the developer indicates that both Mill Creek and the AIWW are dredge-maintained channels and that dredging would continue to maintain these navigation channels. The Service accepts the continuation of dredging for existing waterways,but would not support new dredging to facilitate access of boats between the development and these existing, maintained channels. The Service will carefully review the CAMA-Corps PN for potential impacts to federally threatened or endangered species under our jurisdiction. The listed species known to occur in Pender County can be found on our web site at<http://nc-es.fws.gov/es/cntylist/>. Information for a more limited area around the project site is available from the North Carolina Natural Heritage Program(NCNHP)database. This database contains occurrence records for both state and federally protected species within each U. S. Geological Survey quadrangle(quad). The occurrence data of special status species within this quad can be obtained on the internet at< htip://www.ncWarks.net/nhp/Auad.html>. The project is located within the Hampstead quad. State listed species may occur in the project area. The eastern painted bunting(Passerina ciris ciris), a common summer resident of coastal regions, is listed on the NCNHP database for the Hampstead quad. This species is most numerous in dense shrub thickets of the barrier islands and adjacent mainland, breeds in shrub thickets, and is a Federal Species of Concern and Significantly Rare in the State. The Carolina diamondback terrapin(Malaclemys terrapin centrata) is listed as a current record for the Hampstead quad and may occur in or near the project area. The species has a state status of Special Concern and is found in salt marshes and tidal channels that are bordered by Spartina spp. Our initial review indicates that the only federally listed species likely to occur in the project area is the West Indian manatee(Trichechus manatus), a federally-endangered mammal. The species is known to occur in Pender County. However, it has not reported within the Hampstead quad. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina,primarily from June through October. Manatees feed in areas of SAV usually in water one to two meters (3.3 -6.6 feet)deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. While manatee occurrences are rare in North Carolina,protection of the species would be enhanced during certain in-water construction activities by implementing the"Guidelines for Avoiding Impacts to the West Indian Manatee-Precautionary Measures for Construction Activities in North Carolina Waters." These guidelines are available on our web site at< h=://nc-es.fws.gov/mammal/manatee Ruidelines.pdf>. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area,that work should cease if a manatee approaches the work area,work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. v 3 The EA notes that pier construction may require placing timber by either jetting and/or driving. Water depths at the ends of the proposed piers are given as 3.5 feet at mean low water(MLW). Pile driving for pier construction is a potential hazard for manatee. As part of the CAMA-Corps permit process, the Corps will make a determination of the project impacts on federally endangered or threatened species. We encourage the applicant to provide the Corps with sufficient information to make this determination. In regard to the manatee, this information may simply involve specifying the construction period as November through May, the placement of all timber by jetting, and/or the incorporation of the manatee guidelines into project plans. The EA notes that construction would take place"during periods of minimum biological activity,"but does not specify the period. The Service appreciates the opportunity to provide these early comments on this project. We hope that our discussion of potential direct and indirect environmental impacts, as well as our recommendations to avoid or minimize these impacts,will be considered in the application for a Corps permit. If you have questions regarding these comments,please contact Howard Hall at 919-856-4520, ext. 27, at the address above, or by e-mail at<howard hall(Qfws.gov>. Sincerely, Garland B. Pardue,Ph.D. Ecological Services Supervisor cc: Rebecca Fox,US EPA, Whittier,NC Ron Sechler,NMFS, Beaufort,NC Henry Wicker,US Army Corps of Engineers, Wilmington,NC David Cox,NCWRC, Creedmore,NC John Dorney,NC Division of Water Quality,Raleigh,NC Kristie Corson,NC Division of Coastal Management,Raleigh,NC Melba McGee, Office of Legislative and Intergovernmental Affairs,Raleigh,NC RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G. Ross-Jr.,Secretary November 25, 2003 Terry Turner Jimmy's Island, LLC 1904 Eastwood Road, Suite 212 Wilmington,NC 28403 - Subject: EXEMPTION Stormwater Project No. SW8 031047 Community Dock for Water's Edge At Deerfield Pender County Dear Mr. Turner: The Division of Coastal Management through a coo erative agreement with the Division of Water Quality has reviewed our CAMA major permit a plication to determine if a stormwater management permit would be required from the Division of Water�uality. The review of the plans and specifications has determined that the development activities Troposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality 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 pre required to have an NPDES permit for stormwater discharge from projects meeting these cnteria. The stormwater rules require the Division of Water Quality to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only. Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at(910) 395-3900. gi cerely, Gregson is 161 Manager JG/lep: cc: Jimmy Canady Pender County Inspections Doug Huggett, bCM Charles Jones DWQ DWQ Central Files 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 11/201/2003 08:05 2525229736 B WYNNE PAGE 02 ® forth Carohna Wildlife Resources Commission 9 Charles R.Fullwood,Executive Director MEMO TO. Melba McGee Office of Legislative and Intergovernmental Affairs FROM: Bennett Wynne Habitat Conservation program DATE: November 20,2003 SUBJECT: Environmental Assessment (EA) for the CoMWuX4ty J)ockiug Facility—Water's Edge at Deerfield, Topsail Sound(AIWW) and Mill Creek, near Hampstead, Pender County,North Carolina. Project Number 1251. The North,Carolina WUdli£e Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit associated with a related CAMA dredge and fill application was made on May 20, 2003. Our comments are provided in accordance with, provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (as amended), and North Carolina General Statutes (G.S. 113-131 et seq.). The applicant wishes to construct 2 pier/dock structures in the AIWW/Topsail Sound and 2 pier/dock structures in Mill Creek to provide a total•of 18 boat slips for an 18 lot subdivision named Waters Edge. Dockage is to be liumuted to boats less than 24 ft. long without cabins or beads. Water depth at the docks is reported to approximate 3.5 ft. A productive margin of coastal wetlands and mud flats occurs along project shorelines providing excellent habitat for racc00% opossum wading birds, waterfowl, diamondback terrapin,juvenile fishes, and estuarine invertebrates. Area waters are classified SA-Qutstanding Resource Waters, open to shellfishing (AIWW/Topsail Sound) and SA, Priuvxy Nursery Area(Mill Creek). We checked with,Shellfish Sanitation and got confirmation that, since the project has fewer than 30 slips, allows no boats with heads or cabins, and prohibits boats over 24 ft. in length, no shellfish closure will be required. However, the piers are expected to shade coastal wetland vegetation. Shoaling may xesult fxom the installation of pilings in areas having tidal currents, Mailing Address.- Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 • Fax: (919) 715-7643 11/20/2003 08: 05 2525229736 B WYNNE PAGE 03 Ji=W's Island S/D Docks 2 11/20/03 prompting future requests to dredge in Outstanding Resource Waters that are also designated a Primary Nursery Area. Elevated turbidity in an extremely sensitive estuarine area caused by jetting in pilings is expected to cause water quality decline, especially if the work is done during warmer months of the year. Also, navigation could be hindered by the Mill Creek piers and docks. Although the proposed structures alone appear to comply with the Division of Coastal Management's"1/4 rule"on paper, it is unclear as to whether the structures with moored boats in place will comply with this rule. Consequently, we concur with the EA only under the following conditions. 1. Fier declsug is constructed a minimum of 4 ft. off the marsh floor to allow sunlight penetration to underlying wetland vegetation. 2. No present or future dredging is allowed to protect extremely sensitive estuarine waters. 3. Work will avoid the April. 1 to September 30 period of peak biological activity_ 4. The piers and docks on NO Creep shall conform to Coastal Management's"1/4 rule" w1th boats moored In place. Thank you for the opportunity to comment. If you have questions, please call me at(252) 522-9736. MEMORANDUM DIVISION OF WATER QUALITY TO: Melba McGee, Environmental Coordinator FROM: Noelle Lutheran, Environmental Specialist III THROUGH: Rick Shiver, Water Quality Regional Supervisor (-.3�144-- DATE: November 17, 2003 SUBJECT: Environmental Assessment PROJECT: Community Docking Facility for Water's Edge at Deerfield Project No. 1251 COUNTY: Pender The Wilmington Regional Office has reviewed the Environmental Assessment for the Community Docking Facility for Water's Edge at Deerfield. Please note that on page 4, section E, #10, Myrtle Grove Sound is referenced. This appears to be an error because the project is actually located in Topsail Sound and Mill Creek,both classified SA ORW by the Division of Water Quality. This office has no objection to the project as proposed provided that a minor change i s made. North Carolina Administrative Code 15A NCAC 2B .0225(e)(7)(F) limits marinas in Topsail Sound to those with less than 10 slips, having no boats over 21' in length and no boats with heads. The EA only limits the boats to 24' in length. If this change is made, t he p roposed p roject w ill n of v iolate W ater Quality Standards. Although this office will have an opportunity to review the CAMA Major Permit application, a 401 Water Quality Certification is not required for the project as proposed. Thank You RSS/nml: S:\WQS\401\MELBA\EA1251.NOV 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 September 16,2003 Mr. Charlie Hollis 138 Green Forest Drive Wilmington, NC 28409 Dear Mr. Hollis: This letter is in response to your recent Environmental Assessment submittal for the proposed community docking facilities of Water's Edge subdivision, Pender County. Division of Coastal Management(DCM) staff has reviewed the draft document and noted the following. Please follow the Environmental Assessment Guidelines provided for your use. Environmental documents prepared in accordance with these guidelines are successful by requiring less review time and are more likely to meet approval of the State agencies. Cover Page Include the responsible State agency, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638,919/733-2293 ext. 247,contact person is Doug Huggett. The phone number for the consultant should be included on the cover page. Table of Contents The Table of Contents should follow the outline of the EA Guidelines provided for your use. Proiect Description Clearly identity each of the proposed docking structures(Dock Facility A and Dock Facility B)in the text as they are labeled on the workplan drawings. Better descriptions of the proposed piers should be addressed(T-heads,L-heads, all platforms or platforms and floats). Confirm the distance of the piers from each other, from the waterward end(T-head or L-head,etc)or from the pier on the landward side. Existing Environmental Characteristics of Proiect Area The document should include this section. The document should confirm and describe the presence of any resources occurring in the project area. Confirm the date at which the water depths were collected. Confirm that the surface waters are correctly identified. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\100%Post Consumer Paper a 1 Predicted Environmental Effects Impact discussions should not be included in the Existing Environmental Characteristics section, but should be included in the Predicted Environmental Effects section. For Public Lands discussions, quantify the square footage of public trust waters to be usurped by the proposed facility. It is recommended that you contact Ron Sechler, National Marine Fisheries (252/728-5090), to identify Essential Fish Habitat(EFH)in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. (Information regarding EFH is enclosed.)The presence of EFH, or the lack thereof, should be addressed in the document. The Predicted Environmental Effects section should discuss the proposed direct, indirect and cumulative impacts on the existing environment by the preferred alternative. Cumulative Impacts In accordance with §113A-120(a)(10) and 15A NCAC T15A 07H.0208(b)(5)(P), cumulative impacts of the proposed development must be explored. Cumulative impacts are defined as "impacts attributable to the collective effects of a number of projects and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity". In order to access the cumulative impacts of your proposed project, the document should attempt to: 1) Describe the nature of similar projects within the waterbody or system in which your proposed project is located. At a minimum the following information is needed: a) The number of marinas,commercial facilities and private docks within the project vicinity should be identified. Both the number of such facilities and number of existing slips should be quantified. b) The type and amount of SAVs, shellfish beds, wetland vegetation and coastal marsh located within the project vicinity. c) Discuss the likelihood of similar developments being proposed in the future. 2) Describe how various coastal resources will be impacted by the combined effects of your project with those projects already in place in the project vicinity. Specifically, cumulative impacts to water quality, stormwater runoff,fisheries resources, shellfish resources, wildlife resources and public trust usage must all be addressed. The aforementioned comments regard document review per SEPA criteria. At a minimum,DCM staff recommend that the document be revised accordingly in an effort to proceed with the SEPA process. However,the following comments are noted as the project relates to CRC rules. These issues will be addressed during the permitting phase and will affect the timeliness of the permit application process and the issuance determination of a permit. CRC rule 7H.0208 (b)(5)(D)regarding the square footage allowed per linear feet of shoreline of a community marina, states that"Marinas to be developed in waters subject to public trust rights(other than those created by dredging upland basins or canals)for the purpose of providing docking for residential developments shall be allowed no more than`27 square feet of public trust areas for every one linear foot of shoreline adjacent to these public trust areas for construction of docks and mooring facilities.The 27 square feet allocation shall not apply to fairway areas between parallel piers or any portion of the pier used only for access from land to the docking spaces." In order to apply this rule to the proposed project,the mean high water mark should be clearly identified. As currently proposed,the easements between Lots 1 and 2(Dock Facility A)and Lots 17 and 18 (Dock Facility B)do not comply with this rule. A common area should be designated for each docking facility in order to apply shoreline necessary to comply with this rule. ,M In addition,CRC rule 7H .0208 (b)(6)(D) addresses the"four square foot"rule which states that"The combined area of all "T"s,finger piers,platforms,and decks must not exceed a combined total area of four square feet per linear foot of shoreline. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use,or to support a water dependent use that cannot otherwise occur." A common area should also be designated for each docking facility in order to apply shoreline necessary to comply with the 4-square foot rule. The existing recorded linear shoreline Lots 1,2 and 3 and Lots 17 and 18 (or those which are necessary to meet the 27 and 4-square foot rules)should be rerecorded with deed restrictions noting the common area easements. The deeds should also note that no future docking structures will be allowed for these lots. If the lots have been previously sold,then the owners of those lots are required to apply as co-applicants on the permit application for this project. A modification of permit 68-03 may be required for the designation of common areas. After addressing these comments and appropriate revisions,please submit 13 copies of the revised document to this office so that I can initiate the Departmental review process. You will be advised as to any comments, suggestions,objections or necessary revisions that result from this Departmental review. Upon satisfactory completion of the Departmental review,you will be notified that an additional 11 copies of the document, including any subsequent revisions, should be submitted to this office to satisfy the requirements of the State Clearinghouse review process. Please feel free to contact me by phone(919/733-2293, ext. 247), fax (919/733-1495)or e-mail (kristie.corson@ncmail.net)if you would like to discuss these matters further. Sincerely, � cN Kristie F. Corson Assistant Permits and Consistency Coordinator Enclosures cc: Joanne Steenhuis—DCM,Wilmington Jim Gregson—DCM,Wilmington Of the ECEIYED ?OUJ 0 fl 0 ��r 4V OFGW�`ALMAHAGEaI�II`� O cc of Ntf. RA IM North Carolina Department of Cultural Resources State Historic Preservation Office David L.S. Brook,Administrator Michael F. Easley, Governor Division of Historical Resources Lisbeth C.Evans, Secretary David J.Olson,Director Jeffrey J.Crow,Deputy Secretary July 11, 2003 Terry Turner S Jimmy's Island,LLC 1904 Eastwood Road, Suite 212 l0 Wilmington,NC 28403 Re: Water's Edge at Deerfield, 18 Lot Subdivision,Pender County,ER03-0751 Dear Mr.Turner: We have received the archaeological survey report for the above project from Coastal Carolina Research, Inc. During the course of the survey, seven archaeological sites were assessed within the project area. Coastal Carolina Research, Inc. has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the scope of this project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment,please contact Renee Gledhill-Earley,environmental review coordinator, at 919/733-4763. In all future communication concerning this project,please cite the above- referenced tracking number. Sincerely, �.0 avid Brook cc: /Doug Huggett,DCM Coastal Carolina Research, Inc. www.hpo.dcr.state.nc.us Location Mailing Addren Telephone/Fax ADMINISTRATION 507 N.Blount St.,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-4763 •733-9653 RESTORATION 515 N.Blount St.,Raleigh NC 4613 Mail Service Center,Raleigh NC 27699-4613 (919)733-6547 e 715-4801 SURVEY&PLANNING 515 N.Blount St..Raleigh NC 4618 Mail Service Center,Raleigh NC 27699-1618 (919)733-6545 9715-4801 Development Type F DCM% (14300 1601 435100093 1625 6253) DWQ% (24300 1602 435100095 2341) I. Private,noncommercial development that does not involve the filling or excavation of any S250 1o0',G RM) wetlands or open water areas: 0%(SD) It. Public or commercial development 1 that does not involve the filling or excavation of any wetlands or open $400 100%($400) water areas: 0%(SD) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C.or D below applies Ill(A� For Private,non-commerdal development,If General water Quafrty Certification No-3301(see attached) S250 100%(S250) can be applied. 0%(SD) 111(Bk For pubf,c or commercial development,if General water Quality Certification No 3301(sae a2Yadied) �� 100°.0(S4DO) can be applied: 0%(SO) lll(C). If General Water Quardy Certification No.3301(see attached) could be applied,but DIM staff determined that additional review and written DWQ conaurence is needed S4D0 60%(S240) 40%($160) because of concern related to water quality or aquatic life III(D� If Geneal Water Quality Certification No.3301(see attached) f 5400 0, can not be o ,(5240) ��� 1 f 40%($160) IV. For development that involves ' the filling and/or excavation of more than one am of wetlands and/or S475 609f(S285) open water areas 40%(S190) e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary February 26, 2004 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Jimmy's Island, LLC Dear Ms. Blake: Please publish the attached Notice in the Sunday, February 29, 2004, 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 Jaye Poole, 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. 7Sinc ely, 't `4c�— 4j� Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett 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 P ' 1 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 February 20, 2004. According to said application, Jimmy's Island, LLC at the end of Great Oaks Drive in the Water's Edge at Deerfield Subdivision, Hampstead, Pender County proposes to build an 18-slip community marina to serve the Water's Edge Subdivision. The facility would consist of two piers and four docking areas. 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 Charles S. Jones, Acting Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638, prior to March 21, 2004, 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. I NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross Jr., Secretary February 25,2004 Mr. Terry Turner 1904 Eastwood Road Suite 212 Wilmington,North Carolina 28403 Dear Mr. Turner: The Division of Coastal Management hereby acknowledges that on January 2,2004,we received your application for State approval for the development of property located at the end of Great Oak Drive,adjacent to Topsail Sound, in the Water's Edge at Deerfield Subdivision,near Hampstead, in Pender County. The State Clearinghouse has completed it's review of your project's Environmental Assessment(EA)and a Finding of No Significant Impacts(FONSI)was issued for your project on January 8, 2004. The projected deadline for making a decision on your permit application is March 23,2004. 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 January 8,2004,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. -Sire, , E.F. rooks Field Representative cc: Jim Gregson,DCM District Manager Doug Huggett,DCM Raleigh Charles Jones,DCM Henry Wicker,COE Tommy Garris,LPO P kT i AMA P RMIT A PLIE F 6 PROJECT: AM IT 4w 1 1 im rc M In lAft L-& ma Ir I r%OL -Vy Sou clac kiftc COMMENTS ACCEPTED THROUGH ffickrdn 11 2009 APPLICANT: FOR MORE DETAILS CONTACT l THE LOCAL PERMIT OFFICER BELOW: 1 C. �1 Division of Coastal Management Ed Brooks 127 Cardinal Drive Extension S !Su Wilmington,NC 28405 'Z l01Im11,5 cm JUc Be403 CHARLIE HOLLIS Regulatory Consultant 138 Green Forest Drive Wilmington,NC 28409 Phone/FAX 910-392-6833 July 1, 2003 Project: Notification to Adjacent Property Owners Proposed Community Docking Facility Water's Edge at Deerfield by Jimmy's Island,LLC Pender County, N.C. You are listed as an adjacent riparian property owner to the Water's Edge at Deerfield subdivision and were previously furnished an opportunity to comment on the application for a Major CAMA permit. That permit was issued on May 27, 2003. It is now proposed to modify that permit to include docking facilities for the subdivision residents. A copy of the application for that modification is enclosed. If you have questions about this application, please contact me at the address and number above. If you have any comments, contact Mr. Jim Gregson with the NCDENR at 910-392-6833. c ely, Charlie Hollis Encl: Application C E ZVE CC 2 12003 DIVISION OF COASTAL MANAGEMENT Water's Edge at Deerfield Adjacent Riparian Landowners Jan Maria Dziak Brian C. Lynch & Cecilia M. 814 Sumac Drive 422 Creekview Drive E. Streamwood, Illinois 60107-2124 Hampstead, NC 28443 James Williams Haines, III David & Nora S. Ruehle 446 Creek View Drive E. 448 Creekview Drive E. Hampstead, NC 28443 Hampstead, NC 28443 Roscoe & Sylvia Joyner Alan B. Scheidt P.O. Box 368 444 Creek View Drive E. Spring Hope, NC 27882 Hampstead, NC 28443 Hollis L. Batson & Carol D. Frank D. Smith 133 Stone Creek Road 4 Cedar Hill Drive Wilmington, NC 28411 Westwood, MA 02090 Virginia M. Norris & Michael 722 Parkway Blvd. Wilmington, NC 28412 H V CCT 2 12003 DIVISION OF COASTAL MANAGEMENT NOTES: s3eIb'2a'E 21&49' S3a'Oa'02'E 1. THIS MAP WAS NOT PREPARED FOR RECORDATION, 1 I 3a3.o1' _ CONVEYANCES, OR SALES PURPOSES. 2. PROPOSED DOCK FACILITY DOES NOT EXCEED 41 _ ill N. 1/4 OF THE WATER BODY WIDTH. �T I I 3. ALL ELEVATIONS ARE RELATIVE TO NGVD '29. alvAmom z I ., �, ,� , tiry ►A 4p �' ►' �ti do d° IV WATERS EDGE AT DEERMELD + + + + + + + + + + + + + + + + + + + 9 I aao' (Mim) MAP BOOK . PAGE N'"" I MGM OF wA MARSH OPOSED MARXLR I l T" RAMP 7r- 9ad57� Cwee eCLTtON D 'S N47'Sa'OB'E 8.00 C CK I S32'S'F=E L. I 5 _ N47'42'34'E L L� i Rys A9ti 25.9S + + + + + + + + + + + + + + + + + + + AIWW RIGFIT Or WAY PROPOSED PIER 24' . DAY MARRIR FiD IL I'lAim 7a'i floodle I V- \ "'b L� ,�0y bro� ,y1y 1ro5 r1'S ,�fo �O ��i 69 nth �0 bh �•V� } i� i}7' i4 i• i�O i i i i1 i i i i i� ib i`• i}• i�' i� i' .�. ARSH \ + + + FLOATING + + + , + + + + \+ + + + + + + + + I \ OCX PROPOSED 3 �DEgC 2 i PROPOSED RAMP POCK FACILITY ' 'A' ' WA1T-,P-- ' S r--nGC-- Al" t2�r--t2r- IE-:'-Lt2 TOPSAIL TONNSHIP PENDER COUNTY NORTH CAROLINA ' / \ SCALE: 1'- 60' MARCH 3, 20M `,�q 11 f i f�7777 FOR `�� ti 5 5 �y �••`��(N CAF?o ,,JIMMY'5 15LANP INC a ` ti� ti �� 5h �a �` �� Q••.......•.. /^ j(04 t;A511'V1b017 ROAo-5LM 212 + + + + + + + + � ��:oFrGSS/O'.�✓-� � WIl-MING'fON,NG 28409 SEAL - I � I'I21;LIMINAI2Y - ?r L-3267 NOT FO1Z MGOFWATIQN 1.7 O; E r �131� CONVYANC!<5 OIZ% 'y '2Q ' T� 5ALM5 F'LIRP05e5. 406 nlmm 1-m 9rae r VL r arc�lo�Ce�4a t� 0I'AXi(VIC)7'72.02B lOD 70 SHEET 2 OF 5 COVERED °CROSS 5ECTION A" DECK ELEVATION 7.0 6.0 PROPOSED PIER RAMP FLOATING DOCK AND BOAT SUPS 5.0 80' (MIN) 4.0 HWL 2.9t - - - 3.0 - - - - - - 2.0 1 .0 0.0 WL -2.Ot - 1 .0 -2.0 - - - - - - - - - - - -3.0 -4.0 ( I -5.0 -G.O 90 -7.0 -8 0 A.I.W.W. I I I I CHANNEL - 1 O.O - 1 1 .O lu -1 2.0 Z J -13.0 � 13 N 31 -14.o N 13 �I i - 15.0 L- Q ICA -I G.O +� Q Q o Q Q g Q -1 7.0 O I g to N g tin CID - 1 8.0 COVERED DECK ELEVATION "CROSS SECTION B" 7.0 G.0 PROPOSED PIER RAMP FLOATING DOCK AND BOAT SUPS 5.0 80' (MIN) 17 HWL 2.9� 4.0 3.0 - - 2.0 -- ---- ---r ---- - 1 .0 I 0.00 I LWL -2.0=1-- -2.0 - LLI -3.0 --4.0 - T -5.0 -G.O i I 90, -7.0 C .CHANNEL =9:0 W CHANNEL z SCALE Z � -1 O.O HORIZ. I "AGO' I J NOT O t2EG�'(lON � VERT. 1 "-G' 13 CONVr�YANCE5 012 _ -1 2.0 - 5A-e5 rLlIepo5E5. Q - 1 4.0 -15. in Lo Q Q o g Otn - 1 7.0 0 8 O,n 8 c`nv c`nn ►n to CIO r� -18.0 SHEET 3 OF 5 NOTES. 1. THIS MAP WAS NOT PREPARED FOR RECORDATION, CONVEYANCES, OR SALES PURPOSES. 2. PROPOSED DOCK FACILITY DOES NOT EXCEED o4 1/4 OF THE WATER BODY WIDTH. 3. ALL ELEVATIONS ARE RELATIVE TO NGVD '29 f / x 1.82 it -2.58 \ x -3.04 x 39 x 89 \ / -1.6989 11 G �"� ,z ,gyp l _x WATERS EDGE AT DEERFIELD x -3.61 I x / MAP BOOK , PAGE 1 x -3.82 I -3.92 PROP ED0 / ■ PR 1.41.42 OPOSED ■ - 1 � RAMP -2.07 / x _ s �'1 x -2.92 \ I x-3.87 x-4.01 FLOOD x -3.93 x -3.57 x -3.20I -2.31 x EBB BB x -1.58 ELEVATION -20 PR000 I �. 2.16 DECK x -3. PROPOSED x 9 RAMP A -3. I x -3.88 15 x -3.56 x -2.91 -1.88 18 x - .97 0 17 -2. . 6 x x -3.3818 x-3.58 x -3.84 ^ x -3.89 2.12 x -3.35 x -299 x -2.91 x -2.29 x -3.29 x -2.13 x -3.72 POCK rAOL-ITY I I it l I xR 8 x -1.70 425 WADI-, ' S �1�G� A-r t�F-�f;F I�i,n x 2 x -4.25 x_2.80 TOPSAIL TOHMSHIP PENDER COUNTY NORTH CAROLINA x -3.52 -2.90 SCALE. I*- 8O' MARCH 3, 2003 x -2.29 x -3.35 I%oR x -3.82 x -t.s7 , wo.� JIMMY'5 ISLANP INC x -2. �.� CIA CARo s�,, 1904 eA57w0ev RDAs-5UtT 212 x -4.28 02 �, fie.•••ESS .' j�n✓ WLNN0f0N.NC 2B405 -3. ■ � x -4.88 ••0 O••,s 7 i x -2.09 • �i s ANYMP A%V M AMP IW x -3.57 i Q SEAL IIRMLIMINARY -3.78 L-3267 � N01-F012 i2t:GG ATION x -4.33 :92 �O4RK&P W. CM50N, M5 I'G 406 MOR1N 1111C2 5AOCr GG)NVEYANCES C)I2 x -4.25 �'9ww--••.•SUR��:' O��� w AAt4ar0N.NC:2S401 SALES I'I.Ra'G S, �I�"YO •••••••••' �� PHONZI(010)7"-9117 x -4.39 J PAX(910)7"-912B s x -4.09 100 ''s..<., ',Ca���� 0 10C 2W x -3.87 SHEET 4 OF 5 r COVERED "CRO55 SECTION C" "LEVATION DECK 7.0 PROPOSED PIER G.0 5.0 4.0 RAMP 3.0 _ _ _ FLOATING DOCK AND BOAT SLIPS - HWL 2.9f 2.0 - _ 1 .0 -Mr - - - 0.0 II-2.0 -3.0 - - - - - - 0 LWL -2.0± -4.0 - -5.0 -G.0 -7.0 -8.0 -5.0 W - 10.0 W _Z Z - 1 1 .0 -� -1 2.0 N - 13.0 - 1 4.0 -1 5.0 - I G.0 - 1 7.0 1 c:) p - 15.0 0 g 8 O S m oLn g g O q n I O COVERED �O ELEVATION DECK "CROSS SECTION D" 7.0 G.0 PROPOSED PIER 5.0 4.0 MP 3.0 _ _ FLOATING DOCK AND BOAT SLIPS HWL 2.9� 2.0 - - - - - - - Q 1 .0 - 0.0 - 1 .0 -2.0 _ -3.0 - - - - - - - - - 0 LWL -2.0=1-- -4.0 = - - -5.0 -6.0 -7.0 -8.0 -9.0 - 1 0.0 SCALE W W IZ. 1 "=60' -I Z - I I .O HOR -I J VERT. I "=O'-12.0 In N t'i�LIMiNAt2Y - 13.0 NO1 FaR IFVG0$?VA?1ON -1 4.0 CONVEYANCES Ott -15.0 SALES PLAPO5e5. -I G.0 -17.0 O g � g O -18.0 O - N N 8 C) 8 Ln O QQ o Lo O �X Ln SHEET 5 OF 5