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HomeMy WebLinkAbout68-03 Jimmy's Island, LLC Permit Class Permit Number NEW 68-03 STATE OF NORTH CAROLINA 1Vw� Department of Environment and Natural Resour s - MCE and Coastal Resources Commission I� JUN 0 3 �QQ3 c rmit . ASRAL�IAHMA�� 7 -`` p�y.QFGO for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Jimmy's Island, LLC, 1904 Eastwood Road, Suite 212, Wilmington,NC 28403 Authorizing development in Pender County at ad. AIWW &Mill Creek, end of Great Oak Dr., Deerfield S/D. near Hampstead , as requested in the permittee's application dated 1/13/03 (MP-1.3&4)&2/28/o3 (MP-2),including the attached workplan drawings(5), 1 dated rcvd 2/19/03,2 dated rcvd 2/28/03, 1 dated rcvd 3/14/03& 1 dated rev.2/27/03. This permit, issued on May 27,2003 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Subdivision Development 1) This permit authorizes only the land disturbing activities associated with establishment of the Water's Edge at Deerfield Subdivision that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction on individual lots, including the construction of single-family homes, shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 2) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (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 l �� personnel when the project is inspected for compliance. onna D. Moffitt, Director Any maintenance work or project modification not covered hereunder requires further Division approval. DlvisiOri Of Coastal Management 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 l L f'r711 that your project is consistent with the North Carolina Coastal (v* Management Program. Signature of Permittee 1 Jimmy's Island, LLC Permit#68-03 Page 2 of 4 ADDITIONAL CONDITIONS 4) The amount of built upon area shall be limited to no more than 25% of the area within 575 feet from the normal high water contour, which defines the Coastal Shoreline Area of Environmental Concern at this location. 5) The construction of the access road and utilities shall be done in compliance with all local state and federal regulations. 6) Prior to the commencement of any construction activities authorized by this permit, the permittee shall obtain a driveway access permit from the North Carolina Department of Transportation for the street connection to SR 1777. A copy of the access permit shall be provided to the Division of Coastal Management prior to the initiation of any construction activities. Shoreline Stabilization 7) The alignment of the authorized bulkhead relocation must be approved by a representative of the Division of Coastal Management prior to the start of construction. 8) The authorized bulkhead shall be aligned as stated in the application and as depicted on the attached workplan drawings. 9) The bulkhead must be constructed prior to any backfilling activities. 10) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 11) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. This permit does not authorize any excavation waterward of the approved alignment. 12) The backfill material will be clean and free of any pollutants except in trace quantities. 13) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least.thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section127 Cardinal Drive Extension,Wilmington, NC 28405. 14) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). Jimmy's Island, LLC Permit#68-03 Page 3 of 4 ADDITIONAL CONDITIONS 16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Cultural Resources 17) Based on the presence of historic sites in the project area, an archaeological survey shall be conducted across the overall project area by an experienced archaeologist to identify and evaluate significant sites prior to the initiation of any development authorized by this permit. Potential effects on unknown resources must be assessed prior to the initiation of any construction activities. If significant sites are identified, appropriate measures shall be taken to minimize impacts in coordination with the Department of Cultural Resources, State Historic Preservation Office. Two copies of the archaeology survey report, as well as one copy of the appropriate site forms shall be forwarded to Department of Cultural Resources, State Historic Preservation Office as soon as they are available and well in advance of the commencement of any construction activities authorized by this permit. 18) If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer and the Division of Coastal Management who will initiate the required State/Federal coordination. Stormwater Management 19) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8030110 on 4/1/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. NOTE: The permittee is advised that Stormwater Permit No. SW8030110 limits the amount of built upon area for each lot to 9,743 square feet. General 20) No excavated or fill material will be placed at any time in any surrounding waters. 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 permittee is advised that this is a mosquito breeding area, and construction plans and operations should include an awareness of this. The permittee is further advised to contact Public Health Pest Management at (252) 726-8970 to arrange a site visit or for information to help prevent the creation of more mosquito habitat. Jimmy's Island, LLC Permit#68-03 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3351 (DWQ Project No. 030327), which was issued on 4/11/03. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 18 (COE Action Id. No. 200300506) which was issued on 4/2/03. LTTWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 29,2003 Jimmy's Island,LLC 1904 Eastwood Road,Suite 212 Wilmington,NC 28403 Dear Sir or Madam: The enclosed permit constitutes authorization under the.Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27611-6714, (919) 733-2698 within twenty(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise,all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance.By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper V DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jimmy's Island,LLC (Terry Turner, agent) 2. LOCATION OF PROJECT SITE: At the end of Great Oak Drive in the 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, 1984 cont. G &H8-10, I&J9-10, K&L10-11,M11-12 and N11 State Plane Coordinates-X: 2392028.41 Y: 219169.59 GPS File: Q021720A 3. INVESTIGATION TYPE: CAMA/Dredge&Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/30/03 and 2/17/03 Was Applicant Present—Yes/No 5. PROCESSING PROCEDURE: Application Received-03/12/03 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Pender County Land Classification From LUP — The AEC areas are classified Conservation, the uplands are classified as Limited Transitional (B) AEC(s)Involved: CW (C) Water Dependent: No (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing—None, individual septic tanks proposed Planned -N/A (F) Type of Structures: Existing—2 cement bulkheads and a well house Planned -Construction of Subdivision streets,stormwater system and bulkhead with some wetland fill behind it (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands(404 wetlands) 290 sq ft(404) Non-Vegetated Wetlands (C)Other 2 acres Highground (disturbed) (D) Total Area Disturbed: 2 acres (E) Primary Nursery Area: Yes, in Mill Creek only (F) Water Classification: SA mill Creek, SA/ORW AIWW/Topsail Sound Open: No, in Mill Creek only, Yes AIWW/Topsail Sound 8. PROJECT SUMMARY: The applicants propose the development of an 18 lot subdivision to be known as Waters Edge. Jimmy's Island,LLC (Water's Edge)Terry Turner, agent Page Two 9. PROJECT DESCRIPTION: The applicants project site is located at the southern end of Great Oak Drive in the Deerfield Subdivision in Pender County. The new development, which is the subject of this permit application is located on the Intracoastal Waterway and Mill Creek. To get to the site from the north, take US Hwy 17 south to Hampstead. At the Hwy 210 and US Hwy 17 intersection in Hampstead,continue on US Hwy 17 for approximately 0.5 miles and turn left at the fieldstone subdivision sign on the left side of US Hwy 17. The subdivision sign is located between Dr. RA Zambrowski,Dentist and the Church of Latter Day Saints. Turn left onto Deerfield Drive(SR 1673). From the south, take US Hwy 17 north out of Wilmington to Hampstead. Just past the Washington Acres Subdivision,the Church of Latter Day Saints is on the right,the Deerfield Subdivision sign is right there. Turn right onto Deerfield Drive(SR 1673). Go down Deerfield Drive(SR 1673),the road will make a sharp turn to the left on to Creekview Drive(SR 1674). Continue down Creekview Drive until you come to Overlook Drive (SR1674)that is on the right(around 342 Creekview Dr). Go right onto Overlook Drive,go down Overlook Drive until it dead ends,turn right onto Northline Drive(SR 1721), go to the stop sign. At the stop sign turn right onto Great Oak Drive(SRI 777)drive to the end of the road. Jimmy's Island(Water's Edge Subdivision) is located within the chain link fenced area. The project location is on the northern side of Mill Creek, at its confluence with the Atlantic Intracoastal Waterway(AIWW). The property has approximately 600 linear feet of shoreline along the AIWW/Topsail Sound. From this point the property extends into Mill Creek, along the northern bank,approximately 2,300 linear feet in a strip of land averaging approximately 350 feet in width. Near the junction with the AIWW(at Lot 3)is a peninsula of land measuring approximately 350 feet long by approximately 150 feet in width that is somewhat separated from the rest of the tract by a narrow causeway. This portion of the project has been known in the past as"Jimmy's Island". This peninsula is accessed via an existing asphalt drive that extends from the existing entrance gate and fence near Lot 1 for approximately 400 feet to the narrow causeway area before reaching Lot 3. This narrow causeway is stabilized with an exiting concrete bulkhead on both sides for a distance of approximately 100 feet. Near the northern project boundary,Mill Creek begins to narrow and splits into three separate smaller tributaries. At this location,are the remnants of an old dam that extends into the creek for approximately 240 feet.The dam provided water for a grist mill from which the creek was named. Approximately 100 feet of the dam, on the opposite bank of the creek, is no longer present and this open section is currently the main navigation channel of the creek. The property is fairly flat with average elevations of approximately 15 feet above mean sea level. The property consists of approximately 19.95 acres with most of the tract having been cleared of vegetation in order to remove dead trees and an overgrowth of Kudzu. The upland portion of the project has been denuded of vegetation except for scattered pine trees,hickories and occasional snags. The periphery of the site adjacent to the water is still well vegetated. A Coastal Wetland and a Section 404 Wetland delineation has been conducted for the property. The 404 Wetland line was approved by the US Army Corps of Engineers on November 26, 2002. Both lines are identified and shown on the attached maps. The wetland delineation shows that the majority of the wetlands on the site are adjacent to Mill Creek and the Intracoastal Waterway. The shoreline/wetland interface undulates along the Mill Creek shoreline with small headwater runs going into the property. These runs occur between Lots 3&4, 6&7, 8 &9, 10 & 11, and 12 & 13 (see attached map). The 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)briars(Rubus sp.)and Giant Cane(Arundinaria gigantea). Along the coastal wetland border of the property the vegetation includes the more salt tolerant species: Saltmarsh Jimmy's Island,LLC (Water's Edge)Terry Turner, agent Page Three Cordgrass(Spartina alterniflora),Black Needle Rush(Juncus roemeranus),Spike Grass(Disticlus spicata)and up at the top of the small headwater runs,Cattails(Typha sp.). Existing development on the property includes: cleared land,an existing driveway with two concrete bulkheads and a well house located on"Jimmy's Island". The Division of Water Quality classifies the waters of the AIWW/Topsail Sound adjacent to the project area as"SA/ORW" and the waters of Mill Creek as"SA". The Division of Marine Fisheries has designated Mill Creek as a Primary Nursery Area(PNA). They also have indicated that there is a shellfish resource within Mill Creek,however,the entire creek is closed to shellfishing. The waters of the AIWW/Topsail Sound are NOT designated a Primary Nursery Area(PNA) and are OPEN to shellfishing. Pender County's Land Use Plan(LUP)classifies the upland areas as limited transition and all other areas as Conservation,however,the Land Use Plan includes all Areas of Environmental Concern(AEC)as well as the 404 wetlands in the Conservation class. PROPOSED PROJECT Jimmy's Island, LLC proposes to develop the 19.95 acre tract into an 18-lot subdivision to be known as Water's Edge. The initial development of the subdivision would include the grading of the site to prepare for a subdivision road as well as the stormwater swales. The primary road into the subdivision would extend from Great Oak Drive. The road would extend approximately 80 feet into the tract,turn and parallel Mill Creek. The road would consist of a 50 feet right-of-way with a 18 feet asphalt road surface. The cross section for the road shows that it would slope to the outer edges so that stormwater would flow onto the vegetated side slopes. The road(Waters Edge Drive)would end in a cul-de-sac at lots 17& 18,but a second access to the property would turn out across from Lots 14& 15 and connect to Captain's Cove between Lots 90&91 in the Deerfield Subdivision. The stormwater swales,associated with the subdivision road,shown on the plans,would connect to the small headwater runs previously described so that the stormwater would be filtered through vegetation and wetlands before it reaches Mill Creek. In addition,to the major subdivision road,a small access road to Lot#3 (known as Jimmy's Island)would need to be relocated to an easement shown on the map between Lots 2 & 4. This would require a 28 foot section of the existing north-south aligned concrete bulkhead to be removed and replaced with a 21 foot section which would intersect the existing bulkhead at an approximate east-west alignment (see drawing)to allow the applicants to realign and widen the access road and provide access within the designated easement to Lot#3. 10. ANTICIPATED IMPACTS The construction of the proposed subdivision road and associated wetland swales would result in the initial grading and disturbing of approximately 2.0 acres of highground. The paving of the subdivision road would result in approximately 11,603 square feet (4.38%)of built-upon area within the 575 Outstanding Resource Waters(ORW)Area of Environmental Concern(AEC)of the Topsail Sound/AIWW. Approximately 31,364 square feet(3.63%)of impervious surface(road)would be built within the remaining section of the project. There are no impacts of impervious surfaces presently proposed for the 75 feet AEC within the portion of the project outside the ORW AEC. All development,with the exception of the bulkhead work,would be located outside the Coastal Shoreline AEC 30'buffer area or the 75 foot AEC for Mill Creek. Jimmy's Island,LLC (Water's Edge)Terry Turner, agent Page Four The applicant has applied for and received on February 21, 2003 a Division of Land Quality Sediment and Erosion Plan (Project # PE-03162). The applicant is also in the process of applying for a low-density stormwater permit(# SW8030110). The proposed removal of part of the bulkhead which would result in the impacts of an additional 290 square feet of 404/401 wetlands (the end result would be a 15' wide access to Lot#3). The individual lots within the subdivision will require a CAMA Minor Permit for any disturbance within the Area of Environmental Concern. Submitted by: Joanne Steenhuis Date: March 13, 2001 Office: Wilmington i i i Recommendations for State Permit—Water's Edge Community Marina/Jimmy's Island, LLC i The arrangement of the finger piers in the northern docking area of Dock Facility"A", provide t'he 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. 3. The docking facility located on the AIWW/Topsail Sound section of the project must meet the required 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. 5. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The permitee 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. 8. 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. 10. 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. I Recommendations for Jimmy's Island, LLC/Water's Edge Community Marina Page Two 11. 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. 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.) Recommendations for State Permit—Water's Edge Subdivision-Jimmy's Island,LLC It is recommended that a permit be issued to authorize the project with the following conditions: 1. The fill material will be clean and free of any pollutants,except in trace quantities. Metal products,organic materials,or unsightly debris will not be used. 2. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 3. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 4. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 5. 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. 6. The construction of the roads and utilities shall be in compliance with all local,State and Federal regulations and associated permit conditions. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 8. The portion of the project that lies within the ORW AEC shall be allotted a percent impervious per lot to meet the required 25%impervious that is allowed within that area. 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 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Hampstead c. Street address or secondary road number a. Landowner: — End of Great Oaks Drive d. Is proposed work within city limits or planning Name Jimmy's Island, LLC jurisdiction? Yes x No Address 1904 Eastwood Rd. , Suite 212 e. Name of body of water nearest project (e.g. river, Mill Cree k City Wilmington State NC creek, sound, bay) Intracoastal Waterway Zip 28403 Day Phone 910-256-1045 Fax 910-256-0112 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Terry Turner a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and 1904 Eastwood Rd. ,, suite 212 excavation and/or filling activities. Address Construction of subdivision streets, stormwater system and bulkhead City Wilmington State NC Zip 28403 Day Phone 910-256-1045 b. Is the proposed activity maintenance of an existing 910-256-0112 project, new work, or both? N,-W Ur rk Fax c. Will the project be for public,private or commercial Waters Edge at use? Private c. Project name (if any) Aeerf field d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOTE: Permit%0 be issued in name of landowner(s), and/or project. If more space is needed, please attach additional pages. Conventional construction P"0�`�'u""`' of Streets & drainage to serve 18 singL family lots, Conventional construction of timber bulkhead between lots 3 & 4. 2. LOCATION OF PROPOSED See,Arawing for details. PROJECT Fender • ►x . a. County „ w Revised 03/95 Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER NoBe CHARACTERISTICS lnd�yidual septic .syste�rronnsed — a. Size of entire tract 19.95 Acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary inz mum N,400 SF wastewater, industrial/commercial effluent, "wash b. Size of individual lot(s) down" and residential discharges.) `'-- Surface runoff in swales between lots c. Approximate elevation of tract above MHW ork 6&7, 8&9, 10&11, 12&13 15&16 and 17&18 NWL 15 7eet _ d. Soil type(s) and texture(s) of tract ' D es existing drinking water supply source. Autryville, Carteret and Xarvyn/Craved wenes proposed. sands e. Vegetation on tract Sparcely vegetated wl;:'h :> w' Y scattered trees ..i None f. Man-made features now on tract � - s, `MDITIONAL INFORMATION What is the CAMA Land Use Plan land g. In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Community other instrument under which the applicant claims title X Rural Other to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then R-20 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? x Yes No dated work plat (including plan view (Attach zoning conypliance ctrrifiaite, if applicable) � All accurate, and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by I V white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? x Yes No Engineers regarding that agency's use of larger Coastal (marsh) X Other x drawings.) A site or location map is a part of plat If yes, has a delineation.been conducted? Ye__s requirements and it must be sufficiently detailed to (Attach docununtation, if available) guide agency personnel unfamiliar with the area to the See attached plan Rp�;�a t►�t�x Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued 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 see attached sheet I 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 permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name f application is truthful to the best of my knowledge. Address % 1' Phone This is the day of , 19- • A list of previous state or federal permits issued for work on the project tract. y..Irielude permit numbers, Print Name (Grr permittee, and issuing dates. N/A Signature Landowner or Authorized Agent • 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 x DCM MP-3 Upland Development • A signed AEC hazard notice for projects in x DCM MP-4 Structures InformationDCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at 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 Environmental Policy Act. Andrew & Kuske CONSULTING ENGINEERS, INC. John R.Andrew,P.E. J. Phillip Norris,P 902 Market Street Wilmington,NC 28401-4733 John S.Tunstall,P.E. Neal W.Andrew,P _ John A. Kuske,III,P.E. J.A. Kuske,P.E. of Coum 910/343-9653 910/343-9604 Fax www.andrewandkuske.com James T. Pyrtle,P.E. C. Lawrence Sneeden,Jr.,P Water's Edge at Deerfield Adjacent Riparian Landowners A & K Project No. 02160 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 . 02160 01-13-03-adj.owners list Form DCM-W-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards N/A fill activities. All values to be given in feet. b. Type of material to be excavated N/A Average Rum Exbdm r'41ed c. Does the area to be excavated include coastal Length width Deptb Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes No channel N/A (MLW)or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area N/A Boat ramp b. Dimensions of disposal area N/A Rock >•. o ?T s. groin ` c. Do you claim title to disposal area? ` 0 Yes No x Rock ,h If no, attach a letter granting permission from the >4 � :�. ; breakwater '° owner. d. Will a disposal area be available for future Other p S maintenance? Yes No (Excluding If yes, where? N/A shoreline Oq o s&5T- stabilization) Lf� , ( ' piV1SIGN �� , Revised03195 CCASTAt_ i\AANAGEtviEN� Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water 0 (2) Dimensions of fill area N/A f. Does the disposal include any area in the water? Yes No (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? X Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area X Bulkhead Riprap 290 sq ft of 404 wetlands (2) Purrppoose of fill Facilitate access to exsisting b. Length Remove 18 ft and Install 21 1 highground and provide roadbed c. Average distance waterward of MHW or NWL -38 ft(bulkhead is above MHW) 5. GENERAL d. Maximum distance waterward of MHW or NWL -38 ft(bulkhead is above MHW) a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? All normal BMP's will be Unknown utilized. (Source of information) f. Type of bulkhead or riprap material Wood b. What type of construction equipment will be used 0 (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? Trackhoe, backhoe, bulldozer water level (1) Riprap N/A (2) Bulkhead backfill 0 c. Will wetlands be cr3ssed in transporting equipment h. Type of fill material N/A to project site? Yes x No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material Overburden from on site construction grading. 4. OTHER FILL ACTIVITIES Jimmy's Island LLC Ap �Prqj �N , (Excluding Shoreline Stabilization) s a. Will fill material be brought to site? lr- Yes X No Date Revised 03/95 ` ;ION O� pIVI�JIANAG��'1 r0.1 TAI Form DCM-MY-3 UPLAND DEVELOPME .. NT .. �- (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-l. Be sure to complete all Permit may also require a StOrmwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? Yes X No a. Type and number of buildings, facilities, units or If yes, date submitted Plaps are being structures proposed 18 single family dwellings submitted concurrently with this applica i. Describe proposed method of sewage disposal. Individual septic systems b. Number of lots or parcels 18 j. Have the facilities described in Jtem i. above c. Density(give the number of residential units and the received state or local approval? 'N 0 units per acre) 0,9 unit5 per acre (Aftach appropriate docunw=don) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. Approximately sanitary wastewater, industrial/commercial effluent, 2 acres "wash down" and residential discharges). Surface runof"n swales between lots e. If the proposed project will disturb more than one 6 & 7. 8&9.710&11, 12&13. 15&16 and acre of land, the Division of Land Resources must 17&18. receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well community, public system, etc.) - control plan been submitted to the Division of Land Individual wells Resources? —Yes X No If yes, date submitted Plans are beJng submitted M. Will water be impounded? _ Yes X No concurrently with this application If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when —Asphalt was the lot(s) platted and recorded? N/A Terry Turner iimmy.�s Island, LLC g. Give the percentage of the tract within 75 feet of Applicant Project MHW or NWL, or within 575 feet in the case of an "44A Outstanding Resource Water, to be covered by signature impervious and/or built-upon surfaces, such as j L�j 'D Z7 pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 25% Date Revised 03/95 400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy. Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community_Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial _Community_ Private (2) Number (3) Length (4) Width of water body (4) Width (5) Distance ' buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial _Community _Private (6) Platform(s) Yes No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed g. Other (Give complete desMprio„) (8) Proximity of structure to adjacent riparian 40' Camber bulkhead per plan property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial Private Terry Turner (2) Length Jimmy's Island, LLC (3) Width Applicant 9r Project ame/' c. Groin (e.g. wood, sheetpile, etc.) Signature (1) Number(2) Length(s) 11 :5 D � Date d. Breakwater (e.g. wood sheetpile, etc. (1) Length �� 4 $ b, PJA(2) Average distance from MHW, NWL or wetlands 3distance ( ) Maximum beyond MHW, NWL or 01°;,r wetlands t"5`i ;� 400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy. Andrew & Kuske CONSULTING ENGINEERS, INC. John R.Andrew,P.E. J.Phillip Norris,P 902 Market Street Wilmington,NC 28401-4733 John S.Tunstall,P.E. Neal W.Andrew,P John A.Kuske,III,P.E. J.A. Kuske,RE.of Coun: 910/343-9653 910/343-9604 Fax www.andrewandkuske.com James T.Pyrtle,P.E. C.Lawrence Sneeden,Jr.,P Water's Edge at Deerfield Narrative A & K Project No. 02160 The subject project is currently an undeveloped parcel of land containing approximately 20 acres. It is bounded on the south and west by Mill Creek, on the east by the Intracoastal Waterway and to the north by the existing residential community of Deerfield. The property is to be developed into an eighteen lot single family subdivision with paved streets without curb and gutter. Stormwater runoff will be by grasssed swales. The impervious density of the project will be limited to 25% coverage. Water and sewer will be by individual wells and septic systems. JPN/asn 02160 01-13-03-cama narrative 1 in J i j 1 JAN COASTAL t4ti11S�i 4: S.-C'JF��f�� 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 the Deerfield Subdivision near Hampstead,NC. DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 12, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE: Steenhuis DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: C? u 3 FEE REC'D:$ PUBLIC NOTICE REC'D: END OF NOTICE DATE: 4-&10;- ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: e/ APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: ' lq IO 3 STATE DUE DATE: `1 910 3 FEDERAL DUE DATE: FED COMMENTS REC'D: 41-gloI PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 5192,/63 AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative -1 p �: Coastal Management-LUP Consistency Af Division of Community Assistance 6/G Land Quality Section G 0 �k� LI Division of Water Quality ��//�Gj Storm Water Management(DWQ) ,��,ZZ,/u i ✓ SW P VV1AAJ.✓ State Property Office �,76 G ✓ Division of Archives&History Division of Environmental Health #m G y CG h Division of Highways 4'0 V p/ Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries ,3 u3 Submerged Lands(DMF) LPa=A/C- Permit# DCM Coordinator: ✓S MAILING DISTRIBUTION: Permitee: c%Ml'-r �S�.avOrLGC Agent: /=R2Y �SAw1� DCM Field Offices: Efitftbefll ei y Morehead City Washingtou Wilmington US Army Corps of Engineers (USAGE): Washingno Mike Bell (NCD T) ome (NCDOT) R!ileigBland Wilmington: 9T) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: John Dorney Water Resources: John Sutherland Wildlife Resources: David MeRefify Bennett Wynne FAXING DISTRIBUTION: Permitee at q/d z S b U//R— Ageftt-ftt DCM Field Offices: Elizabeth Gity Morehead City Wft8hift9+" Wilmington US Army Corps of Engineers(USACE): Washing Mike Bell (NC T) Bi me (NCDOT) aleigh Bland Wilmington: Henry Wicker i North Carolina Wildlife Resources Commission K� Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne ¢Yj Habitat Conservation Program DATE: May 27, 2003 SUBJECT: CAMA/Dredge & Fill Permit application for Jimmy's Island, LLC, end of Great Oak Dr. in Deerfield S/D, near Hampstead, Pender County,North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on 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.) and the Coastal Area Management Act (G.S. I I3A-100 through 113A-128). The applicant wishes to develop an 18 lot subdivision named Waters Edge at the confluence of Mill Creek and the AIWW/Topsail Sound. The tract's understory appears to have been mown within the last year. An old asphalt road accesses the southern part of the property. Other developmental features are minimal at present. Several swales and/or stream heads featuring 404 wetlands and considerable drops in elevation drain in a westerly direction to Mill Creek. In addition to providing wildlife habitat for various mammal, bird, and amphibian species, these wetlands provide excellent water quality protection functions due in part to their topographical position in the landscape. A planned new asphalt access road would pass near the extreme headwaters of these features. It is our understanding that stormwater swales would be constructed between the road and the natural 404 wetland features. Area waters are classified SA-Outstanding Resource Waters, open to shellfishing (AIWW/Topsail Sound) and SA, Primary Nursery Area(Mill Creek). The AIWW/Topsail Sound Outstanding Resource Waters(ORW) Area of Environmental Concern(AEC) comprises an area 575 ft. from the shoreline. Per CAMA rules, no more than Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 ♦ Fax: (919) 715-7643 • Jimmy's Island S/D 2 05/27/03 25% of the ORW AEC can be covered in impervious surfaces under any circumstances (Joanne Steenhuis, DCM, pers. comm.). The proposed access road would affect 4.38% of the ORW AEC. The Mill Creek AEC (non-ORW) comprises an area 75 ft. from the shoreline. No development is currently proposed within this AEC, although it likely will be as lots are sold or otherwise readied for home construction. It is our understanding that impervious surfaces within the Mill Creek AEC will be limited to 30% unless accompanied by mitigative measures for stormwater. At this time, with the exception of some relatively minor bulkhead modification, all work would be located outside the Mill Creek AEC. A 30 ft. buffer is to be maintained adjacent to all coastal wetlands. No buffer is proposed for 404 wetlands in the headwater fingers. Due to the great productivity and sensitivity of the site's estuarine waters, as well as the considerable slope between uplands and wetlands, we consider the project to have potential for degrading water quality. We are also concerned that future lot owners may seek authorization to fill 404 wetlands in the headwater fingers, resulting in direct loss of wildlife habitat. Based on these concerns, we recommend the following conditions to permit issuance. 1. The subdivision shall be strictly held to all CAMA AEC requirements for impervious surfaces. 2. Due to the difference in elevation between upland development and estuarine surface waters with a consequent reduction in stormwater residence time in wetlands, a 30 ft. vegetated buffer will be maintained next to 404 wetlands in the headwater fingers. This should be in addition to the 30 ft. buffer for coastal wetlands. 3. A subdivision-wide conservation easement or similar mechanism shall be used to prevent future filling of 404 wetlands in the headwater fingers by individual lot owners. Thank you for the opportunity to comment. If you have questions, please call me at (252) 522-9736. Michael F. Easley, Governor William G. Ross Jr., Secretary > North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 11,2003 Mr.Terry Turner RECEIVED Jimmy's Island, LLC 1904 Eastwood Road, Suite 212 Wilmington,NC 28403 APR 1 6 2003 Subject: 401 Water Quality Certification D1v.0F6o�� AQBW Water's Edge at Deerfield Project No.030327 Pender County Dear Mr.Turner: The Wilmington Regional Office received your CAMA Major application for the proposed construction of an 18 lot subdivision and the removal and replacement of a portion of the existing bulkhead. You are authorized to proceed under General Water Quality Certification # 3351 (attached). Written concurrence from DWQ is not required provided that you can meet all of the conditions of this certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any unpermitted impacts to wetlands or water quality, you must contact this office immediately. If you have any questions concerning this matter,please do not hesitate to call me at(910)-395-3900. Sincerely, Noelle Lutheran Environmental Tech V RSS\nml: S:\WQS\JHS\LETTERS\030327.APR cc: Cyndi Karoly,Wetlands Unit Joanne Steehuis, DCM Dm4 HuggeM DCM A Henry Wicker,ACOE W iRO N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Services'° Wilmington Regional Office Wilmington, NC 28405 (910)350-2004 Fax 1 800 623-7748 1V5Eh NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 9, 2003 Terry Turner Jimmy's Island,LLC 1904 Eastwood Road, Suite 212 Wilmington, NC 28403 Dear Mr. Turner: The Division of Coastal Management has received comments from the NC Department of Cultural Resources, State Historic Preservation Office (SHPO), concerning your proposal to develop an 18-lot subdivision known as Waters Edge at Deerfield near Hampstead, Pender County. I am enclosing a copy of the SHPO memorandum, requiring that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project, and that the potential effects on unknown resources must be assessed prior to the initiation of construction of the subdivision facilities. This letter is to inform you that the requirement for an archaeological survey will likely be added as a condition to any CAMA Major Permit that may be issued for this project. If you have any questions concerning these matters, please feel free to contact me by telephone at (919)733-2293,extension 240, or email me at Jeff.Schaffer@ncmaiI.net. Sincerely, 9 Jeff Schaffer Assistant Permits&Consistency Coordinator Attachment cc: - Joanne Steenhuis—DCM,Wilmington (w/attachment) DCM, Morehead City(w/attachment) 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%.Post Consumer Paper . • Iry t„r Ail ' 8A8 It �a anolc �~° '«of ru, 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 April 2, 2003 MEMORANDUM OEIVF-D, TO: Doug Huggett, Chief APR 0 7 2003 Major Permits Processing Section Division of Coastal Management, DENR OFCOAU41.NIMAGEW RA1FIGH Colonel James DeLony, District Engineer Army Corps of Engineers,Wilmington District FROM: David Brook y ? SUBJECT: Water's Edge at Deerfield, 18-lot subdivision, Pender County, ER 03-0751 We have received the permit application for the above project. A search of the Office of State Archaeology files indicates that the dam component of the Sadbury Mill archaeological site (0006TPS) occurs within the proposed project area. This dam extends from the high ground on lot 18 of the proposed development approximately 250 feet toward the present channel of Mill Creek. The foundation of the mill lies on the opposite (western) bank of Mill Creek. The Sadbury Mill complex was indicated on an 1863 map of the area, thus documenting its existence as early as the Civil War. During a site inspection by an Office of State Archaeology archaeologist, the dam was located as well as a concentration of midden shell and prehistoric pottery on lots 3, 4 and 5 of the proposed development, indicating prehistoric Native American habitation. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. www.hpo.dcr.state.nc.us Location Nlailing Address Telephone/Fax ADMINISTPUTION 507 N.Blount St.,Raleigh NC 4617 Mail Service Center,Raleigh NC 276994617 (919)7334763 •733-8653 RESTORATION 515 N.Blount St.,Raleigh NC 4613 Mail Service Center,Raleigh NC 27699-4613 (919)733-6547 •7154801 SURVEY& PLANNING 515 N.Blount St.,Raleigh NC 4618 Mail Service Center,Raleigh NC 27699-4618 (919)733-6545 9 7154801 April 2, 1UU3 Page 2 A list of arehaeologrical consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcr.state.nc.us/consults. The archaeologists listed,or any other experienced archaeologist, may be contacted.to conduct the recommended survey. The above comments arc 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. DB:kgc cc: Terry Turner,Jimmy's Island,LLC April 1, 2003 r Mr. Terry Turner, Manager Jimmy's Island,LLC 1904 Eastwood Road, Suite 212 Wilmington, NC 28403 Subject: Permit No. SW8 030110 Water's Edge at Deerfield Low Density Subdivision Stormwater Permit Pender County Dear Mr. Turner: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Water's Edge at Deerfield on March 24, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030110, dated April 1, 2003, for the construction of the project Water's Edge at Deerfield. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty(30)days following receipt of this permit.This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter,please contact either Laurie Munn or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/:Ism S:\WQS\STORMWAAPERMITR030110.APR03 cc: John Phillip Norris,P.E. Pender County Inspections NCDOT Division 3,District 1 Laurie Munn Wilmington Regional Office Central Files State Stormwater Management Systems Permit No.SW8 030110 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Jimmy's Island, LLC Water's Edge at Deerfield Pender County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Water's Edge at Deerfield. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 18 lots is limited to a maximum of 9,743 square feet of built-upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30'from the mean high water mark. 2 State Stormwater Management Systems • Permit No.SW8 030110 II. SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 2. During construction,erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum,the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030110, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina,Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot is 9,743 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes,but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, and coquina,but does not include raised, open wood decking,or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30'wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30'from the mean high water mark. 3 State Stormwater Management Systems Permit No.SW8 030110 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built-upon area per lot within 30 days of the date of recording. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC)to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area(BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction,for any modification to the approved plans, including, but not limited to,those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept,built-upon area, details,etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or 4 State Stormwater Management Systems Permit No.SW8 030110 private),recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina Genera) Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified,revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of the responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,regulations, or ordinances which may be imposed by other government agencies (local, state and federal)which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 1st day of April, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -------------------------------------------------------------------- Alan W. Klimek„ P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030110 5 � r 1 cocaj MEMORANDUM TO: Doug Huggett MAR Major Permits Processing Coordinator FROM: James E.Rosich,AICP Wilmington District Planner SUBJECT: CAMA Major Permit Application LUP Consistency Determination: .,=i y's Island, LLC/Water's Edge Subdivision--Hampstead(unincorporated),Pender County DATE: March 20, 2003 The applicant is proposing to develop a 20 acre parcel into a subdivision with 18 waterfront lots. The proposed project site is located in the Deerfield subdivision at the southern end of Great Oak Drive, and adjacent to the Atlantic Intracoastal Waterway(AIWW). The project site is located in the unincorporated portion of Pender County. According to the Division's Field Investigation Report,the Coastal Wetlands Area of Environmental Concern(AEC)will be impacted. The waters of Mill Creek are classified SA, and closed to shellfishing. The waters of the AIWW/Topsail Sound are classified SA-ORW, and are open to shellfishing. Mill Creek is designated as a Primary Nursery Area(PNA). Waters of the AIWW/Topsail Sound are not designated as a PNA. This development proposal has been reviewed for consistency with the Pender County 1991 Land Use Plan Update,as amended(November 2000). The land classifications for this site are Limited Transition (upland portion of site)and Conservation(above listed AECs). The purpose of the Limited Transition land classification is to provide for development in areas that will have some services,but are suitable for lower densities and may be geographically remote from existing towns and municipalities. The purpose of the Conservation land classification is to provide for effective long-term management and protection of significant, limited or irreplaceable areas. The following LUP policies are applicable to this project: Policy A-1: Areas of Environmental Concern and Appropriate Land Uses in AECs—Pender County will permit those land uses which conform to general use standards of the North Carolina Administrative Code(ISA NCAC 7H)for development within the estuarine system. (Note. The Pender County L UP categorizes all estuarine system AECs—public trust, estuarine waters, estuarine shorelines and coastal wetlands--as one group). Policy A-3: Development Density in Proximity to Designated Outstanding Resource Waters(OR Ws)— Pender County policy shall be to protect the water quality in designated OR waters, and in waters within 1,000 feet of designated OR waters(ORW buffer). Development density in proximity to designated OR Ws and within OR buffer zones shall be only that allowed under applicable CA MA regulations or locally adopted regulations. As such,this project appears to be consistent with LUP provided all local, state and federal regulations are met. cc: Charles Jones,DCM Johnny Sutton,Pender County File A� A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary March 19,2003 MEMORANDUM RECEIVED TO: Bennett Wynne MAY 2 9 2003 Wildlife Resources Commission Div.OF COASTALMANAGEMW ATTN: Habitat Conservation Program RALOGH FROM: Doug Huggett Major Penniis 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. its agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 4L NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 13, 2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: end of Great Oak Drive in Deerfield Subdivision near Hampstead in Pender County. Proposed Project: The 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 6, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropria e, 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 2L2 P 2�3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper APR-22-2003 15: 15 JACKSONUILLE DISTRICT 9103468030 P.02i02 ' 1 MAR 2 5 2093 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management CS��� Michael F.Easley,Governor Donna Q. Moffitt, Director William G.Ross Jr„Secretary March 19,2003 MEMORANDUM TO: Mr. Roberto Canales State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: LAMA PERMIT APPLICATION REVIEW APPLICANT: JIMMY'S ISLAND, LIX PROJECT LOCATION: END OF GREAT OAK DRIVE IN THE DEERFIELD SUBDIVISION NEAR HAMPSTEAD, NORTH CAROLINA. PROPOSED PROJECT: DEVELOPMENT OF AN IS LOT SUBDIVISION TO BE KNOWN AS WATERS EDGE. Please indicate below your agency's position or viewpoint on the proposed project and return this forin 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 t'or reasons described in the nttached comments. SIGNED � [M DATE Z- Cep}. C��c lip NON- S�sit 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733.22931 FAX: 919-733-149`\ Internet: http://dcm2.enr.state.nc.us An Equal oppoRllnity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper . Tr1TAl P.Rl ) 1 il�LA. I', I I C) S oj(, WDENR 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 March 19,2003 MEMORANDUM RECEIVED TO: Linda Sewall, Director APR 1 1 2003 Division of Environmental Health FROM: Doug Huggett W.01FCOASTALMANAGEAENT RALEIGH 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. SIGNE �d DATE /6 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 1/ t MAR 20 2003 NCDENR WBTCWpV North Carolina Department of Environment and Natural Resources A7K)N Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary March 19,2003 MEMORANDUM NG JJ - Z/ TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources ] ��j e-et Archives& History Building 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. A_ This agency approves of the project, only if the recommended changes are incorporated. This ency objects to the project for reasons described in the attached comments. SIGNED TE 4 �4 615 RECEIVED MAR 2 4 2003 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.ne.((u��s An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer PaAR Ala NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 14, 2003 JECEIVE� APR 0 3 2003 MEMORANDUM W��//�M W AMROT P.JAaeNf �`— TO: Diana Rivenbark, LPO Pender County FROM: Doug Huggett M 2 ' 003 Major Permits Processing Coordinator DIVISION OF SUBJECT: CAMA/DREDGE & FILL Permit Application Review` `� ��I N AG E JI E NT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: end of Great Oak Drive in Deerfield Subdivision near Hampstead in Pender County. Proposed Project: The 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 6, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at 910-395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEE(; 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 ANNA NCDENR MAR 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 March 19,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: 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 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 ;,� Ala NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 13, 2003 MEMORANDUM TO: Dan Sams for: Mr. James Simons, Director Division of Land Quality FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED SUBJECT: CAMA/DREDGE & FILL Permit Application Review MAR 2 n 2003 DIV.OF COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review RALEIOH Applicant: Jimmy's Island, LLC Project Location: end of Great Oak Drive in Deerfield Subdivision near Hampstead in Pender County. Proposed Project: The 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 6, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /4 S 2Z)a 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 13, 2003 MEMORANDUM RECEIVED TO: Mr. Charles F. Stehman, P.G., Ph.D. Division of Water Quality/Groundwater Section MAR 2 n 2003 FROM: Doug Huggett [71V.OFCOARSALEIMHNAGENIENT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: end of Great Oak Drive in Deerfield Subdivision near Hampstead in Pender County. Proposed Project: The 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 6, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 0-ADATE g 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper L--,3�Ij Ala NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 13, 2003 MEMORANDUM RECEMIJ TO: Ms. Melba Laney MAR 2 g 2003 for: Mr. William A. McNeil, Director Division of Community Assistance FiPt�� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: end of Great Oak Drive in Deerfield Subdivision near Hampstead in Pender County. Proposed Project: The 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 6, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _LzThis 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 12 127 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 V 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 March 13, 2003 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: end of Great Oak Drive in Deerfield Subdivision near Hampstead in Pender County. Proposed Project: The 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 6, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. 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. SIGNS 9A UkX DATE /o3 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 APR. 11.2008 4: 16PM NCDENR WIRO 5SNO.678 P.2 _ G1(fZea AGZAV NCDENR 6 d a�t� L '1! I��1 � North Carolina Department of Environment and Natural Reso re9n �11 Division of Coastal Management Michael F, Easley, Governor Donna D, Moffitt, Director William.G_Rnss- rI-Secretary March 13, 2003 MEMORANDUM TO: Ms. Noelle Lutherangr"_ M for; Mr, Alan W, Klimek, P.E,, Director y''e-�b.. •�. „�" Division of Water Quality e,z�+ FROM: Doug Huggett Major Permits Processing Coordinator SUR1ECT; CAMA/DREDGE & PILL Permit Application Review Applicant: Jimmy's Island, LLC Project Location: end of Gi-eat Oak Drive in Deerfield Subdivision near Hampstead in Pender County, Proposed Project; The development of an i$ 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 6, 2003, If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254, 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 L 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-39001Fax; 910-350.20041 Internet, hfp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmatlye Action Employer-50%fZecycled 110% Post consumer Papar Deveiopmen!Type Fc- DCM% DWp ro f 14300 1 b01<35100093 1625 6253) (24300 1602 43510D0°5 2341) I. Private,non-commerral development that does not involve the filling or excavation of any S250 100%(S250) 0-,'.(SD) wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or open $400 100%(5400) 0%(SO) water areas: Ill. 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: lll(A� For Private,non-commercial development,If General water Quality Certification No.33D1(see attached) S250 100%(S250) 0-,'.(SD) can be applied: III(Br For public or commercial development,if General water Quality ` Certification No.3301(see attached) SOD10D°/,(S4D0) Q90(50) can be applied: 111(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S400 60%(S240) written DWQ conmmnce is needed 40%($160) because of concems related to water _ quality or aquatic life: 111(Dj If General Water Quality Certification No.3301(see attached) S400 60%(S240) can not be applied: 40%(S160) 1V. For development tta!involves the filling and/or excavation of more than one acre of wetlands and/or S475 60%(S285) 40%(S190) open water areas Q50.e� Q�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 14, 2003 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, March 16, 2003, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Diana B. Nash Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 13, 2003 Mr. Terry Turner 1904 Eastwood Road Suite 212 Wilmington,North Carolina 28403 Dear Mr. Turner: The Division of Coastal Management hereby acknowledges receipt of your application,on behalf of Jimmy's Island LLC,for State approval for the development of the proposed Water's Edge Subdivision at Deerfield,at the end of Great Oak Drive,in Hampstead,in Pender County. It was received as complete on March 12,2003,and appears to be adequate for processing at this time. The projected deadline for making a decision is May 25,2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances,this letter will serve as your notice of an extended review. However,an additional letter will be provided on or about the 75th day. 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. Sincerely, Joanne Steenhuis Field Representative Enclosure cc: Jim Gregson, DCM District Manager C "IVED Doug Huggett DCM Raleigh Henry Wicker, COE MAR 1 R 2003 Diana Rivenbark,LPO QF COASTAL MANAGEMEW Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Jan Maria Dziak, 814 Sumac Drive Streamwood, Illinois 60107-2124 Lot 134 Deerfield Dear Jan, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield O�v���Ni�l{���►J'iENT Co ASTAk- Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8tn 2003 James Williams Haines III A 446 Creek View Drive E Hamstead, NC 28443 Lot 136, Deerfield, PG 13/59 Dear James Williams, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield CE2HV1l1 JAN 14 2003 DIVISION OF COASTAL MANAGEMENT Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Roscoe & Sylvia Joyner PO Box 368, Spring Hope, NC 27882 PO Box 368, L131 Pt D- Deerfield: Lot 131 Dear Roscoe & Sylvia, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield ECEHVE 1� I JAN 14 2003 i j DIVISION OF COASTAL MANAGE-ME Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Hollis L. Batson & Carol D 133 Stone Creek Road 28411 Lot 90 Dear Hollis and Carol, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield FJOETVE JAN 14 1003 DIVISION OF rn e,S7A1_. MANAGEMEN t Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Virginia M. Norris & Michael 722 Parkway Blvd. Wilmington NC 28412 Pg 60 Blk 1 L1 Dear Virginia and Michael, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield U ' AN 1 4 2003 ,1. VISION OF r nN!. \GEMF Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Brian C. Lynch & Cecilia M 422 Creekview Drive E Hampstead NC 28443 Lt 91 Pt/Tr'D Dear Brian and Cecilia, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield N O T p C C�ASAL-f�AN�,GESJ'rN Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 David & Nora S. Ruehle 448 Creekview Drive E Hampstead NC 28443 Lot 135 Deerfield PL 13, Pg 59, Dear David and Nora, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield 0 to Dtvi �A Oct., - VA Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Alan B Scheidt 444 Creek View Drive E Hampstead NC 2844 3 Lot 137 Dear Alan, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield 03 I_f JAN14Za ., DIVISION of--- , - ., Jimmy's Island LLC Post Office Box 4517 Wilmington NC 28406 (910) 395-4006 January 8th 2003 Frank D. Smith 4 Cedar Hill Drive Westwood, MA 02090 Lot 9 Sec 3 Olde Point Pg 11/66 Dear Frank, Attached is my CAMA application and related plot plans for the Waters Edge Subdivision. If you have any comments please contact Mr. Jim Gregson with NCDENA @ 910.395.3900. Yours Truly Terry F. Turner Waters Edge @ Deerfield � I BAN 14 20C3 4 t� DIVISIOh� JF . COASTAL MAi,...•G s 1 Issued Sap 13 2002 FILED in Pander County, NC #2,200.00 on Sep 13 2002 at 01:11:12 PM Ponder state of by: Joyce M Suicagood North Carolina County Register of Deeds Re7i Estate Excise Tax BOOK 1946 PAGE 179 VIY1C �SI�C� ( l --0 l S r-�- nq Excise Tax 12_2C . w' Recording time, book and page J FH : Parcel Identifier No. Prepared by: William O. J. Lynch, attorney Hogue, Hill, Jones, Nash & Lynch, L.L.P. P. O. Drawer 2178 Wilmington, NC 28402 (.` 4;-1 LJtP�+`'`;`"� Grantee mailing address: 1904 Eastwood Road, Suite 212, Wilmington,NC 3 STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF PENDER KNOW ALL MEN BY THESE PRESENTS that HAROLD D. ALEXIUS AND MARGARET B. ALEXIUS FAMILY LIMITED PARTNERSHIP "GRANTOR;" in consider- ation of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, paid to GRANTOR by JIMMY'S ISLAND, LLC, ''GRANTEE," the receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said GRANTEE, and GRANTEE'S successors, and assigns, forever, in fee simple, all that certain lot or parcel of land located in the County of Pender, State of North Carolina, and more particularly described as follows: See attached Exhibit A, incorporated herein as if set out in full. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging, to the said GRANTEE and said GRANTEE'S successors, and Recorded and Verifie Joyce M. svricegoo � ;,_��4is ter of Deg s / ` 46 PACE 18O BOOK 19 assigns, forever, in fee simple; and the Grantor, for itself, its successors and assigns, does covenant with the said GRANTEE and said GRANTEE'S successors and assigns, that GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein stated, and that GRANTOR hereby will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein stated. Title to the property is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; current year ad valorem taxes; and all applicable restrictive covenants and utility easements of record. The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, this the a day of September, 2002. HAROLD D. ALEXIUS AND MARGARET B. ALEXIJS FAMILY LIMITED PARTNERSHIP By: row , . Ld (SEAL) Managing artner IT j Cam`, 14 G0�`�� BOOK 1946 PAGE 181 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public in and for the State of North Carolina and County of ��w A i,�gW , do hereby certify that A-1- �iu.S Managing Paratner of the Harold D. Alexius and Margaret B. Alexius Family Limited partnership, person- ally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this j day off./.iy , 2002. L)' Notary Public My Commission Expires: b Zo 0 (OFFICIAL SEAL) oF�1GlAL S Na1h Ucdinr Mir Over Co nv y. M. STRACHAN Notary Public The foregoing (oT annexed) certificate a CONY The NOS CRpLYNA - , day of . cLrrect, This ounty, tegister of Heeds o[ Deeds is certitletl to he GO C) en peputy/A�Register i3y l \j G10 f BOOK 1946 PAGE 182 EXHIBIT [PROPERTY DESCRIPTIO Being all of that certain parcel of land situated, lying and being in Topsail Township, Pender County,North Carolina, and more particularly described as follows: All of that land shown on that certain map entitled "Map of Survey Showing the Boundary of Water's Edge at Deerfield", said map being recorded in Map Book 35, Page 66, of the Pender County Registry, reference to which map is hereby made for a more complete description. Together with all rights, easements, privileges, and benefits appurtenant thereto. Vp r.. GO!` ,J