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HomeMy WebLinkAbout166-03 Maritime Place c/o Stuart Cooke Permit Class Permit Number NEW (Express Permit Program) 166-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Maritime Place c/o Stuart Cooke, 1 Causeway Drive, Ocean Isle Beach, NC,28469 Authorizing development in Brunswick County at adi. AIWW, near intersect of E. Seventh St and Shallotte Blvd Ocean Isle Beach , as requested in the permittee's application dated 10/20/03, including attached the workplan drawings (4) Sheets 1 - 4 of 4 all dated 10/17/03 This permit, issued on November 18.2003 , 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. Excavation 1) The dredging method is restricted to mechanical (bucket to barge type) excavation. 2) Excavation will not exceed -6 feet below mean low water in the boat basin, tapering to -8 feet below mean low water over the length of the entrance channel. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No vegetated wetlands will be excavated or filled. 4) The temporary placement or double handling of 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 personnel when the project is inspected for compliance. C `� Any maintenance work or project modification not covered t. Donna D. Moffitt, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Maritime Place Permit 9166-03 Page 2 of 4 ADDITIONAL CONDITIONS 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at(910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 6) All excavated materials will be confined, above mean high water and landward of regularly or irregularly flooded marsh, behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. In all cases, no spoil material shall be placed within 30 feet of the normal high water line. 8) The applicant shall contact a representative of the Division and arrange for an inspection of the constructed/prepared spoil disposal area.prior to the initiation of any dredging. This meeting shall include the dredging contractor, as well as, the permitee. 9) The disposal area and any associated disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Dewatered spoil materials may be utilized as fill material in areas of the subdivision that are consistent with the authorized Sedimentation and Erosion Control Plan for the Maritime Place subdivision. Community Pier 11) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 12) The pier and associated structures shall have a minimum setback distance of 15 feet, between any part(s) of the structure and the adjacent property owner's riparian access corridor. 13) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 14) The authorized structure and associated activity must not cause an unacceptable interference with navigation, and 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. Maritime Place Permit 4166-03 Page 3 of 4 ADDITIONAL CONDITIONS 15) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 16) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 17) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent i reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. t Y 18) This permit does not authorize any boat slips or permanent dockage associated with the community pier. A T• Y 19) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the authorized development facility, either now or in the future, will require that the permittee undertake remedial actions to remedy the situation. NOTE: The permittee is advised that should the total number of boat slips originating from the Maritime Place development exceed ten (10) slips, a closure of shellfish waters may be required, which would violate State water quality standards. f Sedimentation and Erosion Control 20) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion s swales or berms, sand fence, etc.) must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. 21) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. NOTE: The existing Erosion and Sedimentation Control Plan for the Maritime Place subdivision project may need to be modified to utilize spoil materials onsite. Contact the Department of Environment and Natural Resources; Land Quality Section, 127 Cardinal Drive Extension, Wilmington,NC 28405. 4 t :-'.ti+:/^V:YDOri:A.Y•.n.y�.`+.K...:-4.•.:_:K•<.;.!.:.:.J.ii•.Y:•;..i:.i..^,.;.;.:..}Y..:.:..::{.:v:K-.;-r.:KK?-�y,y.�:K.r•:rK.:.:v:�r:.C•.:K{.:•c.::✓K:.�h-n4'K.YY......•v-...J..............r.-.. -. .. ..... .......r..•..-.. Maritime Place Permit#166-03 Page 4 of 4 ADDITIONAL CONDITIONS General 23) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said 'structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 031238), which was issued on 10/31/03. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200400081. ,l Y Y )J, L :C is V v: c• f :C 1. X .t v ..:-Y.•t:>:.vs:-i!.......•..........--...-raw•:-..r.. - _ '•_ _i t • Amrlwj NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 18, 2002 CERTIFIED MAIL 7003 1010 0000 0032 1402 RETURN RECEIPT REQUESTED Maritime Place Stuart Cooke 1 Causeway Drive Ocean Isle Beach,NC 28469 Dear Mr. Cooke: 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 276 1 1-67 14, (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. Very sincer E.F. Brooks Acting Express Permits Coordinator EB/lep Enclosure 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stuart Cooke / Maritime Place Dredging and Community Pier 2. LOCATION OF PROJECT SITE: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick Co. Photo Index - 2000: 4-33 W-X 3-4 1995: 2-24 U-W 16-18 1989: F-G 5-6 State Plane Coordinates - X:2184300 Y: 55700 Rover File: 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/04/03 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 10/21/03 6. SITE DESCRIPTION: Office -Wilmington (A) Local Land Us n of Ocean Isle Beach Land Classification Frori L - nservation (B) AEC(s) Involved: EW PTA (C) Water Dependent: Yes _ (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None Planned - Municipal sewer (F) Type of Structures: Existing - None Planned - Community Pier (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal (B) Non-Vegetated Wetlands 44,100 sq. ft. 360 sq. ft. (open water) incorporated L(C) Other 43,605 sq. ft. Hi h round spoil disposal_ (D) Total Area Disturbed: 88,065 sq. ft. or 2.02 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to maintenance excavate a channel and boat basin and to construct a community pier. Stuart Cooke -Maritime Place Page Two 9. PROJECT DESCRIPTION East Coast Engineering, on behalf of Mr. Stuart Cooke, has submitted a CAMA Major Permit Application requesting authorization to perform maintenance dredging and the construction of a community pier for the proposed Maritime Place Subdivision. Mr. Cooke has requested that this application be processed under the Express Review Permitting Pilot Program. A separate CAMA, Major Permit application is currently under review for high ground disturbance associated with the construction of the infrastructure for the proposed subdivision (see field report for Stuart Cooke dated September 30, 2003). The applicant's project is located at the northeast end of Ocean Isle Beach in Brunswick County, adjacent to the Atlantic Intracoastal Waterway (AIWW). The property is located along East Seventh Street - near the intersection of East Seventh Street and Shallotte Boulevard. To find the property cross over the high rise bridge onto Ocean Isle Beach. Turn left onto East Second Street and continue to Shallotte Boulevard. Turn left onto Shallotte Boulevard and continue to East Seventh Street. Turn right onto East Seventh Street. The property is on the left (north) side of East Seventh Street. The tract is 4.41 acres and mostly cleared of vegetation. Several small stands of Southern Wax Myrtle (Merica cerifera), Yaupon (Ilex vomitoria), and Red Cedar (Juniperus virginiana) exist on the site. The property consists of two strips of high ground, which range in elevation from 6 feet to 11 feet above mean sea level. Both strips extend from East Seventh Street north towards the Atlantic Intracoastal Waterway (AIWW) for approximately 450 feet. The two strips of high ground are connected along East Seventh Street. Two existing dirt roads, spaced approximately 300 feet apart, enter the property from East Seventh Street and continue across the two high ground strips approximately 400 feet towards the AIWW. The high ground strips of land appear to have been created during the dredging of a basin adjacent to the property in the 1970's when the property was known as "Camp Atlantic" (See North Carolina Dredge and Fill Permit #130-74). Permit #130-74 authorized the excavation of a basin measuring approximately 500 feet in width by approximately 500 feet in length, to a depth of -12 feet at mean low water (MLW). The dredged area extended to approximately 230 feet north of the US Army Corps of Engineers Right of Way line, near the edge of the federally maintained channel. The previous dredging created an embayment off the AIWW on which the high ground property now fronts. Current water depths in the embayment range between 0 feet to -1 foot at MLW. The property has approximately 1,053 linear feet of shoreline along the embayment. Approximately 500 linear feet of shoreline at the waterward ends of each of the high ground strips is currently stabilized by a timber bulkhead. The areas between the two highground strips and the area east and west of the applicant's property is vegetated with Smooth Cordgrass Marsh (Spartina alterniflora). The shoreline in these areas is not bulkheaded. Along the eastern edge of the property, the applicant's property line averages approximately 35 feet landward of mean high water (MHW). This narrow strip of land, approximately 500 feet long, is under separate ownership. On the western side of the property the applicant's property line more closely follows MHW, however, there are several small strips of land between the applicant's property line and MHW that are also under separate ownership. The waters of the AIWW adjacent to the project are classified as SA by the North Carolina Division of Water Quality. The area is designated as a Primary Nursery Area by the Division of Marine Fisheries and is open to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to perform maintenance dredging within the previously dredged area and to construct a community pier. The dredged area would consist of a basin measuring approximately 45 feet in width by approximately 465 feet in length, extending from the tract's western property line to eastern property line. The basin would average approximately 80 feet water ward of the existing bulkhead. The applicant is proposing to connect this basin to the AIWW via a 40 feet wide by 407 feet long channel. The basin area and southern most 225 feet of the entrance channel would be dredged to a depth of-6 feet h4LW. The remaining 182 feet of entrance channel would be sloped from -6 feet MLW to the existing -8 feet MLW contour near the AIWW channel. The project would result in the excavation of Stuart Cooke -Maritime Place Dredging and Community Pier Page Three approximately 10,000 cubic yards of material. The dredging would be accomplished by bucket to barge with disposal of the dredged material on the existing high ground property. Once de-watered the acceptable material would be used on site. Any unacceptable material would be hauled off site to an approved location. The dredged material would be contained on site by reinforced silt fence with stone outlets. The applicant is also proposing to construct a community pier. The pier would begin at the common area between Lot 9 and Lot 14 and would extend to the edge of the dredged basin. The pier would measure 6 feet in width by approximately 375 feet in length. At the water ward end of the pier, the applicant is proposing a 20 feet wide by 10 feet long fixed platform sitting area. The platform would ramp down to an 8 feet wide by 20 feet long floating dock which would provide docking space for one vessel. 10. ANTICIPATED IMPACTS: The proposed dredging would result in the disturbance to approximately 44,100 sq. ft. of previously dredged shallow bottom area. The disposal of the dredged material would disturb an additional 43,605 sq. ft. of high ground. The proposed pier, platform and floating dock would result in the incorporation of approximately 360 sq. ft. of public trust area. Minor increases in turbidity can be expected during dredging and piling installation. Submitted by: Jim Gregson Date: October 23, 2003 Office: Wilmington Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Ocean Isle Beach c. Street address or secondary road number. a. Applicant: 71h Street off Shallotte Boulevard Name Mr. Stuart Cooke d. Is proposed work within city limits or planning jurisdiction? X Yes No Address i Causeway Drive e. Name of body of water nearest project (e.g. river, City Ocean Isle Beach State NC creek, sound, bay) A1WW Zip 28469 Day Phone (910) 616-]795 3. DESCRIPTION AND PLANNED USE Fax (910) 579-9353 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier,and Name East Coast Engineering Company, P.A. excavation and/or filling activities.) Address Post Office Box 2469 Dredging of existing bay to—6 MLW and the construction of a pier and floating dock. City Shallotte State NC Zip 28459 Day Phone (910) 754-8029 b. Is the proposed activity maintenance of an existing Fax (910) 754-8049 project, new work, or both? New work c. Project name(if any) Maritime Place- Dredge c. Will the project be for public, private or commercial and Pier Plan use? Private d. Give a brief description of purpose, use,methods of NOTE. Termit,viCC6e issuecfin name of construction and daily operations of proposed Cando,vner(s), and/or project name. project. If more space is needed, please attach additional pages. The purpose of this project is to provide 2. LOCATION OF PROPOSED water access-to a 22-lotsubdivision— PROJECT ;r i� j� .y. ..,._- 1 i OCT 2 1 2003 a. CountyBrunswick ! `' l / DIVISI0 '.4OF C 0 A-2,Thi— MiAl4` S.� C T Revised 03/95 Form DCM-MP-1 delineation on-site. 4. LAND AND WATER CHARACTERISTICS in. Describe existing wastewater treatment facilities. A gravity sewerline will be installed and connected to the Ocean Isle Beach wastewater collection and a. Size of entire tract 4.41 Acres treatment system b. Size of individual lot(s) Average 5.458 SF n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary c. Approximate elevation of tract above MHW or wastewater, industrial/commercial effluent, "wash NWL Ranizes from 6' - I I' MSL. down" and residential discharges.) Surface runoff. State and local approval of a stormwater management d. Soil type(s) and texture(s)of tract plan has been obtained Sandy soil o. Describe existing drinking water supply source. e. Vegetation on tract Grass. southern wax myrtle Waterlines will be installed and connected to the and yaupon holly. Ocean Isle Beach Water Supply system f. Man-made features now on tract Existing buldhead and two dirt roads. 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (consult the local land use plan.) In addition to the completed application form, the following items must be submitted: X Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then h. How is the tract zoned by local government? forward a copy of the deed or other instrument under R-1, Residential which the owner claims title, plus written permission from the owner to carry out the project. i. Is the proposed project consistent with the applicable zoning? Yes X No An accurate, dated work plat(including plan view (Attach zoning compliance certificate,ifapplicable) and cross-sectional drawings)drawn to scale in black ink on an 8 ''/z" by I 1"white paper. (Refer to Coastal j. Has a professional archaeological assessment been Resources Commission Rule 7J.0203 for a detailed done for the tract? Yes —X— No description.) If yes, by whom? N/A Please note that original drawings are preferred and only 1:. Is the project located in a National Registered high quality copies will be accepted. Blue-line prints or Historic District or does it involve a National other larger plats are acceptable only if an adequate Register listed or eligible property? number of quality copies are provided by applicant. Yes _X No (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location I. Are there wetlands on the site? _Yes No map is a part of plat requirements and it must be Coastal (marsh) X Other sufficiently detailed to guide_agency personnel unfamiliar If yes, has a delineation been conducted? YES * with the area to tFie�slte. :Include,Iiighway or se ondary (Attach documentation,ifavailable) road(SR)numbe` , al n"aarks,and4he like—' * US Army Corps of Engineers approved the G.. ,i 2 1 NO DIVISIG 'qi 4F Ca�,SL E��,,F �.� , ! Revised 03/95 Form DCM-MP-1 I certify that to the best of my knowledge, the proposed • A Stormwater Certification, if one is necessary. activity complies with the State of North Carolina's Enclosed approved Coastal Management Program and will be • A list of the names and complete addresses of the conducted in a manner consistent with such program. adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners I certify that I am authorized to grant, and do in fact, have received a copy of the application and plats by grant permission to representatives of state and federal certified mail. Such landowners must be advised review agencies to enter on the aforementioned lands in that they have 30 days in which to submit comments connection with evaluating information related to this on the proposed project to the Division of Coastal permit application and follow-up monitoring of the Management. Upon signing this form,the applicant project. further certifies that such notice has been provided. Name Odell Williamson I further certify that the information provided in this Address 2 Causeway Drive, OIB NC 28469 application is truthful to the best of my knowledge. Phone (910) 579-6555 This is the 20th day of October , 20 03 Name Address Print Name Elizabeth Nelson, Authorized Agent Phone Signature A list of previous state or federal permits issued for Lando der or Authorized Agent work on the project tract. Include permit numbers, permittee, and issuing dates. Please indicate attachments pertaining to your proposed project. N/A • A check for$250 made payable to the Department of X DCM MP-2 Excavation and Fill Information Environment and Natural Resources(DENR)to cover DCM MP-3 Upland Development the costs of processing the application. —X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts A signed AEC hazard notice for project in DCM MP-6 Marina Development oceanfront and inlet areas. NOTE: Please sign and date each attachment in the A statement of compliance with the N.C. space provided at the bottom of each form. Environmental Policy Act(N.C.G.S. I I3A-1 to 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. 6. CERTIFICATION AND PERMISSION + N33 TO ENTER ON LAND pIVtS10 Ur I understand that any permit issued in response to this application will allow only the development described CO'4STr`�" in the application. The project will be subject to conditions and restrictions contained in the permit. Revised 03/95 Form DCM-MP-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 10,000 CY fill activities. All values to be given in feet. b. Type of material to be excavated SIC, SAGO Average Flaal EAstth �Depth� Length Width Depth � C. Does the area to be excavated include coastal el wetlands (marsh), submerged aquatic vegetation Access 18a `>�b _4 _� (SAVs) or other wetlands? Yes � No nL " or(NWL) a Lib t D _ d. Highground excavation in cubic yards AJ 6 Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area ON 51Te — Boat UP L.P%W O ramp b. Dimensions of disposal area 43i6oS SF 345' X 13o Rock groin rr< a c. Do you claim title to disposal area? ryes; • Yes No Rock If no, attach a letter granting permission from the breakwater owner. Other D&CnAL d. Will a disposal area be available for future (ExcludingAEzA 3 J maintenance? Yes X No ahorcum(UPcluJD� If yes, where? -Sn-� - -FAci c i-N w«-c- Aabilization) r — G i 2 1.2003 DIVISION OF Revised 03195 COASTAL Iv nI�AO�;��Fi�T Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of aterial to be placed in the Yes _ No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes _X No (3) Purpose of f 11• b. Will fill material b placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or o er wetlands? Yes No If yes, a. Type of shoreline stabilization 'f I A (1) Dimensions f fill area Bulkhead Ripr (2) Purpose of fi b. Length c. Average distance waterward of W or NWL d. Maximum distance waterward of HW or NWL 5. GENERAL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? REimr2Ce7o _ S(t_i i o\� L4 Si-bK) (Source of information) pig f. Type of bulkhead or riprap materi 31 b. What type of construction equipment will be used (for, example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level gOC4Et !2b U'PtKGE DZGD6,K (1) Riprap BACA-1n� Ar ng.PoSA /4AaA (2) Bulkhead backfill c. Will wetlands be crossed in transporting equipment h. Type of fill material to project site? Y,, Yes No If yes, explain steps that will be taken to lessen environmental impacts. A'r- E-:-- , a.N� i. Source of fill material FP-nnA t,u�y —%L) OtSPa�A t_ a2�. t.11i i RAmP Ar 2oSs Af2e-9 . 4. OTHER FILL ACTIVIT (1) 1-n M t PLACc_ —^Q9,E126 E CA- (Excluding Shoreline S Applicant or Project Name tabilizati ) signs _ a. Will fill material be brought to s t 16 �'�j� Yes No GC T 2 1 2033 CL DI':'€SIz`d;'-4 CJr Revised 03195 '""�" C- ` r ,,�r r•E rY Form DCM-MP4 STRU CTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA d. Breakwater(e.g.wood,sheetpile,etc.) N/A Major Permit, Form DCM-MP-1. Be sure to (1) Length complete all other sections of the Joint Application (2) Average distance from MHW, NWL or which relate to this proposed project. wetlands (3) Maximum distance beyond MHW,NWL,or a. Dock(s)and/or Pier(s) wetlands (1)_Commercial X Community_Private e. Mooring buoys N/A (2)Number 1 Fixed Pier, 1 Floating Dock (1)_Commercial_Community_Private (2)Number (3)Length Pier 375 LF,Floating Dock 20 LF. (3)Description of buoy (Color, inscription,size,anchor,etc.) (4)Width Pier 6 LF,Floating Dock 8 LF (5)Finger Piers_Yes X No (4)Width of water body (i) Number (5) Distance buoy(s) to be placed beyond (ii) Length shoreline (iii)Width f. Mooring structure(boatlift,mooring pilings,etc.) (6)Platform(s) X Yes_No N/A (i) Number 1 (1)_Commercial_Community_Private (ii)Length 8' (2)Number (iii)Width 51' (3)Length yN (4)Width (7)Number of slips proposed 0 lips g. Other(Give complete description) N/A (8) Proximity of structure to adjacent riparian property lines: 48'to Lot 14 and 48'to lot 9 . (9)Width of water body: 826' (10) Water depth at waterward end of pier at f0PekTJME PLACE MLW or NWL: Currently+0.15 MLW. Propose Applicant or Project Name to dredge to —6 MLW b. Boathouse(including covered lifts) N/A Sign re (1) Commercial Private / (2)Length (3)Width Date 77 c. Groin(e.g.wood,sheetpile,etc.) N/A U �J (1)Number 't} (2)Length(s) fv Cie"E 2 12063 ! �� Project Narrative Maritime Place Subdivision Dredging and Pier Plans Brunswick County October 2003 Project Background. The project area is a 4.41-acre tract located within the town limits of Ocean Isle Beach, N.C. It is located off East Seventh Street near the intersection of Seventh Street and Shallotte Boulevard. The existing features of this site include two soil roads, and an existing bulkhead. The applicant is currently completing the Major CAMA Permit process for the upland development of a twenty-two (22) lot subdivision. The proposed development includes the construction of two roads, an extension of the existing bulkhead, and the installation of water and sewer lines to serve the proposed subdivision. The applicant has approved Stormwater and Erosion Control Permits for this proposed upland development. In addition, the individual property owners of the waterfront lots (lots 7-9 and 14-16) have obtained General Permits for individual piers and docks. A dredge and fill permit was obtained from the Department of the Army for the subject property in August 1974 (permit no. 130-74) for Camp Atlantic, Incorporated. The State of North Carolina Department of Natural and Economic Resources also approved the dredging in July 1974. The boat basin was permitted to —12' MLW (permits enclosed). The Camp Atlantic Boy Scouts maintained the basin until 1985. Proposed Development: The applicant proposes to re-establish the boat basin for water access to the proposed subdivision. The dredging is proposed to a depth of-6' MLW. The applicant proposes mechanical excavation by a clamshell bucket and a barge. The material will then be transported to the on-site upland property for disposal by a ramp accessing the property. The disposal material will be contained on site by reinforced silt fence with stone outlets. The silt fence will be opened daily at the entrance to the disposal area, and closed at the end of daily operations. The entrance area will be stabilized immediately when not in use. Once the dredging is complete, the applicant proposes to use any acceptable material for on site development. Any unacceptable material will be hauled off-site to an approved facility. The applicant also proposes to construct a fixed pier and floating dock for community use. The dock system will be designated for ingress and egress tie-;propertyni ';- L C C T 2 4 2003 D!V(S110N OF: Maritime Place Subdivision October 2003 Applicant Authorization I, Richard Jennings, current property owner of 4.41 acres of property within the town limits of Ocean Isle Beach (tax parcel 'Q), authorize IN1r. Stuart Cooke to apply for a Major CAhL-1 Permit and any other local or state permits necessati, for the development of the subject properm l�Ir. Cooke has agreed to incur all costs associated with said permits. c rd Jennings DATE a Notary Public for the County of V' the State of North Carolina, herebv certify that appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this -2 day of /` , 2003. i SIGNATURE �tl C K�eT .My Commission ♦.�Expires: , ••' "• .,1� E - ;- ; C��,, ?•Ct AR Y '? :z L�A ��till�id'14 E��E�T �FORCG Page 1 of 2 Stuart Cooke 4AE I, "' m i � ► (� a Notary Public for the Counts, of F the State of North Carolina, herebv certify that appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this 30 day of lu IJZ02002. SIGNATURE ,•,� My Com lmissi n Excpires: eg �� Z Z� 3 Page 2 of 2 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Stuart Cooke/Maritime Place Dredging& Community Pier County: Brunswick LOCATION OF PROJECT: East 7th Street new Shallotte Blvd., Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/21/03 r FIELD RECOMMENDATION: Attacl ef:ff*S w T�Oo Be Forwarde :No NOV 2 1 2003 � CONSISTENCY DETERMINATION: Atta f�p� `(�P L To Be Forwarded: Yes OF01- �-• '•' 0%:&;. )N. ,w.. v FIELD REPRESENTATIVE: Gregson/Svft�s DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN 4 LO-2k-03 FEE REC'D:$ arC PUBLIC NOTICE REC'D: tC% g003 END OF NOTICE DATE: � (- 13 ZGC:!) ADJ. RIP. PROP NOTICES REC'D: 1o/ a, DEED REC'D: lO — ZI-G APPLICATION ASSIGNED TO: 1kwr,5ZGQa6Snws ON:L O_ 2 l --O 3 C) 30 DAY DEADLINE: I (- aQ — aCjG3 MAIL OUT DATE: I o—913 — STATE DUE DATE: FEDERAL DUE DATE: 2_&02,_ FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE 11 -t g -0. DENY DRAFT ON 1 - —C 3 AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative x sue"� � •D t Coastal Management-LUP Consistency n Division of Community Assistance i Land Quality Section ' tnj Division of Water Quality C0j• fir' 3400 Storm Water Management(DWQ) X X SAh P • E-- Lew LS V State Property Office Division of Archives&History Division of Environmental Health f No co"►m�'t — Division of Highways Wildlife Resources CommissionFA Division. of Water Resources <) N� Gbryynp'o.�'r.5 Division of Marine Fisheries LINI VZ LO si!A p N f��i; =!Q-A I Submerged Lands(DMF) DYvQ C :ow'.� w*wa IO/Z,3 X Pe.0\rt$F;D R^cA4r--T-T b e �u� Permit# U-3 DCM Coordinator: M" MAILING DISTRIBUTION: Permitee: Agent: DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of l ngineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) h, Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett Wynne David Cox (NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker T7.dgtPd ac 7/7R/(12 c • DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS P.O.BOX 1890 RECEIVED WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: 2 )0 0) December 4, 2003 DECC l• L J %V.OF COASTAL MANAGEMEN Regulatory Division RAL:'3H Action ID No. 200400081 and State Permit No. 166-03 Maritime Place C/o Mr. Stuart Cooke 1 Causeway Drive Ocean Isle Beach, North Carolina 28469 Dear Mr. Cooke: Reference your application for a Department of the Army permit to perform maintenance dredging on the existing channel and boat basin and construct a community pier, located on the northeast end of Ocean Isle Beach, Maritime Place Subdivision, adjacent to the Atlantic Intracoastal Waterway, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Mr. Garland B. Pardue Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh, North Carolina 27636-3726 Raleigh, North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section - Region IV Pivers Island Water Management Division Beaufort, North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NUTS, Habitat Conservation Division 219 Fort Johnson Road V Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Mr. Jim Gregson, District Manager and Natural Resources Wilmington Regional Office 1638 Mail Service Center North Carolina Division of Coastal Management Raleigh, North Carolina 27699-1638 127 Cardinal Drive Extension Wilmington, North Carolina 28405 2 ® North Carolina Wildlife Resources Lssori ( '' Charles R.Fullwood,Executive Director \ ' 2003 L.� V w MEMO TO: Ed Brooks /� D; !d S;0 E`3 0 F COI AS Fr-:L 11/i Ckkj,% `ri .`.... Division of Coastal Management FROM: Bennett Wynne A/ Habitat Conservation Program DATE: November 17, 2003 SUBJECT: Express CAMA Dredge & Fill Permit Application for Stuart Cooke/Maritime Place maintenance dredging and community pier, East 7th Street, near intersection with Shallotte Blvd., Ocean Isle Beach, Brunswick 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 November 4, 2003 in reference to a separate application for this site. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to maintenance dredge 45 ft. by 465 ft. of previously dredged area and construct a community pier for a planned 22 lot subdivision on the AIWW. Wetlands in an embayment and along the AIWW waterward of existing bulkheads provide excellent habitat for raccoon, opossum, muskrat, wading birds, waterfowl, diamondback terrapin,juvenile fishes, and estuarine invertebrates. High ground is mostly cleared, although some shrub thickets remain. Area waters are classified SA, designated Primary Nursery Area, and open to shellfishing. Area estuarine waters are of very high quality and are thus extremely sensitive to perturbation. Elevated turbidity caused by dredging is expected to contribute to water quality decline, especially if the work were to occur during warm weather when dissolved oxygen levels are low. Mortality of the fragile early life stages of estuarine organisms could result. Also, it appears that the pier would cross coastal wetlands and subject underlying marsh vegetation to the effects of shading. Based on these concerns, we recommend that the permit have the following conditions. 1. Work shall avoid the April 1 to September 30 period of peak biological activity. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 • Fax: (919) 715-7643 Maritime Place dredging & pier 2 11/17/2003 2. The maintenance dredging area shall be contained by a turbidity curtain. 3. No new dredging will occur. 4. Pier decking will be constructed a minimum of 4 ft. off the fnarsp flodi. Thank you for the opportunity to comment on this project. If yc%Pavd 4uestions, please call me at (252) 522-9736. CC ID/ n�fw CF NOV. -11' 03CNION) 10,53 SHELLFISH SANITATION TEL:-252 726 8475 P. 003 State of North Carolina Department of Environment 1 and Natural Resources Division of Environmental Health Michael F. Easley., Governor NCDENR William G. Rdss, Jr., Secretary NORTH CaaoWM^DEPARTMENT of Linda C. Sew;all, Direptor ENvIPONMENT AND NATURAL RE50URCE5 November 6, 2003 MEMORAND UM: To; Ed Brooks From: J. D. Pot " For: Mike Kelly Acting director, Division of Environmental Health Subject: Maritime Place Subdivision Dredging and Pier Plans The applicant:?roposes to re-establish an existing boat basin and construct a pier that would measure 375 f4let in ler}gth ending with a 10'x 20' sitting area ramping down to an 8' x 20' floating dock. From the plans, it appears that the majority of the pier will be situated over marsh with approximately one: third of the pier over water. It should be noted that a shellfish closure could be required if more than 10 boats are docked at the pier or a combination of that many boats at the pil�:r and individual private docks. Shellflah Sanlmdon Section,P.O-Box 769,Morehead ChY,NC 2OS57-0169 Telephone 252.7264927 FAX 252-n6-m475 An j:quol OPPommlry AffiTmallve&edon Bmployar so%Recycled/10%Po►o-COMMU PaPer o �niF W A TFRQ Michael F.Easley,Governor William G.Ross Jr.,Secretary `Q G North Carolina Department of Environment and Natural Resources rAlan W.Klimek,P.E.Director Division of Water Quality O `C Coleen H.Sullins,Deputy Director Division of Water Quality October 31, 2003 Mr. Stuart Cooke 1 Causeway Drive Ocean Isle Beach,NC 28469 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Maritime Place—Dredge and Pier Plan DWQ Project#031238 Brunswick County Dear Mr. Cooke: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity at your property located on 7th Street off Shallotte Boulevard, Brunswick County. This approval allows you to: 1). Maintenance dredge 1.01 acres (44,100 square feet) of open water area by bucket and barge, and dispose of approximately 10,000 cubic yards of spoil material on the existing high ground property; 2). Construct a 6' x 375' pier with a 20' x 10' fixed platform and an 8' x 20' floating dock. This approval is only valid for the purpose and design that you described in your CAMA application and plans received by the Division of Water Quality (DWQ) on October 24, 2003. After reviewing your application and plans,we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stonnwater and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your CAMA Major Permit application received by the Division of Coastal Management on October 21, 2003. If you change or modify your project,you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service Wilmington Regional Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 Mr. Cooke Page Two DWQ Project#031238 October 31,2003 1. No waste,spoil, solids, or fill of any kind and no excavation shall occur in wetlands,waters,or riparian areas beyond the footprint of the impacts depicted in the CAMA Major application. All construction activities,including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes,or rules occur; 2. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699- 1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#031238 under Section 401 of the Clean Water Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, e!:��, V 1 3 Alan W.Klimek,P.E.,Director �r Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Noelle Lutheran 401/Wetland Unit—Cyndi Karoly C A—Ed Brooks LAMA Raleigh—Doug Huggett Central Files RECSU LSD NOV 14 2003 3N.0V C0AgA1 W�JJANAGEMEN DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 RULY TO ATTENTION OF: October 29, 2003 Regulatory Division RECEIVED Action ID No. 200400081 OCT 3 0 2003 J1V.OFQO�MpMG , Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Stuart Cooke for a Department of the Army permit to perform maintenance dredging on the existing channel and boat basin and construct a community pier, located on the northeast end of Ocean Isle Beach, Maritime Place Subdivision, adjacent to the Atlantic Intracoastal Waterway, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. 3. All excavated materials will be confined landward of the mean high water(MFIW) elevation contour and any regularly or irregularly flooded vegetated wetlands. 4. All excavated materials will be confined landward of the mean high water(MFiW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water(MLW)elevation contour to prevent gully erosion and siltation. 6. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 7. No vegetated wetlands will be excavated or filled. 8. Excavation will not exceed 6 feet below the elevation of mean low water(MLW). 9. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 10. The Permittee must install and maintain, at its expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities constructed within navigable waters of the United States. 11. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 12. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 13. The permittee shall comply with the attached list of United States Coast Guard Regulations. 14. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 15. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 16. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 2 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 19. The permittee understands and agrees that,if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 20. No portion of any structure will be located within 80 feet of the near bottom edge federally maintained channel. An as built survey will be provided to the Corps upon completion of the project. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, and telephone (910) 251-4930. Sincerely, a,-, W Henry Wicker,Project Manager Wilmington Regulatory Field Office Enclosure 3 t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: October 27, 2003 Regulatory Division RECEIVE Action ID No. 200400081 NOV 0 3 �Uuj .)W.()F0%WMNA6Mt Mr. Stuart Cooke 1 Causeway Drive Ocean Isle Beach, North Carolina 28469 Dear Mr. Cooke: On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to perform maintenance dredging on the existing channel and boat basin and construct a community pier, located on the northeast end of Ocean Isle Beach, Maritime Place Subdivision, adjacent to the Atlantic Intracoastal Waterway,Brunswick County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. f Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, has been assigned Action ID No. 200400081 will be coordinating your permit application with other Federal agencies. You may contact meat(910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 2 RECEIVED - DEPARTMENT OF THE ARMY OCT 2 7 2003 WILMINGTON DISTRICT, CORPS OF ENGINEERS .)N.0FC0AftWMaNC1Y�g11, P.O. BOX 1890 FM� WILMINGTON, NORTH CAROLINA 28402-1890 Regulatory 61vi is oii REFER To Action ID. 200q000Sf1 Applicant: S .xr� CPO e- Waterway: AT W�) County: 6t^wv5 Type Work: r Mr.Ron Sechler Commander, Aoww National Marine Fisheries Coast Guard, Atlantic Area Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J.Mikulak, Chief Without enclosures Wetlands Section—IV Water Management Division Mr.Doug Huggett U.S. Environmental Protection Agency Division of Coastal Management 61 Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 1638 Mail Service Center Mr. Garland Pardue,Field Supervisor Raleigh,North Carolina 27699-1638 Fish and Wildlife Enhancement . U.S. Fish and Wildlife Enhancement w. SG'` Post Office Box 33726 R gional Office Raleigh, North Carolina 27636-3726 Division of oastal Management NC Department of Enviornment, Health Commanding Officer and Natural Resources J United States Coast Guard �7 r�r irl !�r'ue ��r, Marine Safety Office S� C y y— 1502 North Front Street Wilmington,NC 28405 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before 3 -6 3 Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sin erely, ' 1 Henry icker, Project Manager Wilmington Regulatory Field Office Enclosure - 1 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 October 23, 2003. •fit{; I I MEMORANDUM TO: Justin Whiteside, LPO Ocean Isle Beach FROM: Ed Brooks Acting Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at 910-395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: V 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. SIG :>�J DATE l t• C, • D3 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 October 23, 2003 MEMORANDUM , TO: Ms. Melba Lane � .�'' �� � � -7 I%V�D for: Mr. William A. McNeil, Director "�� Division of Community Assistance j� ' '�R 2003 J OF FROM: Ed Brooks r, DI-VISION I.- OAS AL MANAGEMENT Acting Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 �p p,Ga7,;,L DATE /i/5- d 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 D1STR!r'T � 0 C T 2.8 200 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 October 23, 2003 RECEIVED MEMORANDUM NOV 0 4 2003 TO: Mr. Roberto Canales A.01FCQASTALMANAGENIEN, State Construction/Materials Branch RAIZGH Division of Highways 71) FROM: E&Brooks- I � I Acting Express Permits Processing Coordinator OV 0 6 2003 SUBJECT: CAMA/DREDGE & FILL Permit Application Review D V►e CGAv Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at 910-395-3900 Ext. 247. 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 ODATE 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 October 23, 2003 MEMORANDUM ) TO: Dan Sams �L/ 1L'J 1i 1`9 for: Mr. James Simons, Director 0CT 2 4 2003 Division of Land Quality R DIVISION OF FROM: Ed Brooks COASTAL MANAGEMENT Acting Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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. L� See attached. 1-64L a.... c`t,, ,4.,.4 �1l�cc�0 w�w�t•;.l �a�>;! 6,_ pe-r— 1, 7�^ �JOsiO�► •r� S<�iw.��►� Grw�O' 0/ 'Abollt relo'..ftV ��Ih��TiM qc �� �CCt�3 eq� kcif- %, $'%a Erosion and Sediment Control Plan application and ahroval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 10L2 /a 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 Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 23, 2003 MEMORANDUM 0 E I'VE TO: Mr. Charles F. Stehman, P.G., Ph.D. OCT 2 3 2003 Division of Water Quality/Groundwater Section DIVISION OF r✓ASTAL MANAGEMENT FROM: Ed Brooks Acting Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. U 14,vtd 81 3(po54_( of drGd c. ►n&Je&i Fetca.� ,o-�, r 3 6�cke fia 4r�d iw g ! S AJp f Q.G.G.ePfa61Q. 7 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 Q DATE )C Z 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 LW_-� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Direct(-- William G. Ross Jr., Secretary Cl a ' MEMORANDUM NOV 14 1003 DIvISIO S tu AN4C'EME TO: Fritz Rohde COASTAL M N OF re -- Mr. Preston P. Pate, Jr., Di N Director T Division of Marine Fisheries FROM: Ed Brooks Acting Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have,any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. `This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post consumer Paper ■:■�1'. -14' 03 (FRI ) 13:22 DEHNR COSTAL MGMT TEL:919 733 1495 P. 001 ■■■ A A■ 1-0 Fr 2003 l�'t ► hey 1 4 OCT 2 ,1 �u ���IS1OJ�uEMENT NCbENR COAS fi a lina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 23, 2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: Ed Brooks RECEIVED Acting Express Permits Processing Coordinator NOV 1 4 Mu i SUBJECT: CAMA/DREDGE & FILL Permit Application Review 3�.��RKEIGH F V Applicant: SlWirt Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form b November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at 910-395-3900 Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to J the protect 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 i 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-39001Fax: 910-350-20041 Internet: http://dcm2.enr.state.ne.us An Equal Opportunity(Affirmative Action Employer-5o%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director — IfiiIljarn�lQ �o,���„fir. cretary ' October 23, 2003 �I MEMORANDUM L ICE V 1 1 2003 DIVISION OF TO: Mr. Joseph H. Henderson, Director CO A ST.A i fv'. N.^-.G tE:M E R T State Property Office Department of Administration FROM: Ed Brooks Acting Express Permits Processing Coordinator NOV 1 ' p4.OF COASTALMANAGEMEN SUBJECT: CAMA/DREDGE & FILL Permit Application Review Ri L00H Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at 910-395-3900 Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE e 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post consumer Paper 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 October 23. 2003 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Directorc� Division of Marine Fisheries FROM: Ed Brooks Acting Express Permits Processing Coordinator SUBJECT: CAM.A/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Dredging and Community Pier Project Location: East 7th Street, near intersection of Shallotte Blvd., Ocean Isle Beach, Brunswick Co. Proposed Project: To maintenance excavate a channel and boat basin and to construct a community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. R'hen 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 Q J } changes are incorporated. �. See attached. This agency objects to the project for reasons described in the attached comments. f r E SIGNED DATE CJ r 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-39001Fax: 910-350-2004 1 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper t". y . T lte of North Carolina epartment of Environment and Natural Resources • Wilmington Regional Office Division of Marine Fisheries Michael F. Easley Governor NCDENR'NO CAROLINA DEPARTMENT OF Preston P. Pate, Director ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM November 12, 2003 TO: Ed Brooks THROUGH: Mike Street FROM: Fritz Rohde SUBJECT: Stuart Cooke/Maritime Dredging The applicant is proposing to do maintenance dredging in an area that was originally dredged in the 1970s and construct a community pier. The dredging footprint appears to be considerably reduced from the original acreage. Since it was previously permitted and bucket and barge excavation is proposed, it would appear to be a relatively benign project. But what is conspicuously absent is the reason for the basin excavation. Other than the community pier, there are no other docks shown or proposed in the application. But according to the DCM field rep, six docks have been permitted under GPs, supposedly with only 1 slip per dock. CAMA regs allow them to have 2 per dock. This is an open shellfishing area and DMFs concern is whether or not this project, now or in the future, will cause a closure. According to Lees Sabo from Shellfish Sanitation, the entire project including the individual piers will be viewed as a single project. Thus to avoid a shellfish closure, the number of total slips or potential slips within the basin has to be 10 or fewer. The DMF approves of this project only if strong restrictions are placed in the permit and on the developer that ensures there will be no more than 10 slips in the basin. 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 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 October 8,2003 MEMORANDUM R1 ED TO: Mr. John Sutherland, Chief DEC 3 01003 Water Planning Section A-01F Division of Water Resources �� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: STUART COOKE /MARITIME PLACE PROJECT LOCATION: EAST 7TH STRET, NEAR INTERSECTION OF SHALLOTTE BLVD., OCEAN ISLE BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A 22 LOT SUBDIVISION INCLUDING: ROADS, UTILITIES,SWIMMING POOL AND POOLE HOUSE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. xThis 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 O O O 00 O O O O O O I, r` Oa V CO O (O O) f` 40 Mob O M�0 00 0 0 0 0 0 0 O'O O O O C O O:O—O �O C, O O:O O 00 O 00 O O O 00 Co O O W V O OD t0 M �0 W0 V M M N O O O O O D O O O O O O O O O O O O O O O O O 00 O 00 O + + + + + + + + + + + + + + + + + + + + + + + + +: + + + + + + + + + + + + + +'+ + + + + + + + + + + + + + + O V OD N (O O V OD N 10 0) M M W N 10 O L0 M CO O V OD N' P' N f0 C.� OD N 0 O V M.N t0 O V OD N CO O�V'00 N 10 O V 00 N W O V O O O O O O O 04 O O O O O O O O O O O O O O O O 8 O O O - N N M M M V V V V V m t0 h'h OJ W Of Of 01 O O 100,000 --- i -100,000 - - - ------------ 7 U -200,000 QrQ -300,000 ,'ter U -400,000 C -500,000 CO o C -600,000 I -------- Above MHWL +2.51 FT- ( NGVD) Z -700,000 I I I — — — — Between MHWL and -16.0 FT NGVD Above-16.0 FT-NGVD M G -800,000CD -- Cr sn — U I I 1 1s o -900,000 - -- �., (tV � -1 000 000 West Bea h he Point 2001 Beach Fill �Z CD e - - — -- is — ------------ to W -1,100,000 c 24,000 22,000 20,000 18,000 16,000 14,000 12,000 ]01 000 8,000 6,000 4,000 2,000 0 co 120 N U100 —Above MHWL(+2.51 FT-NGVD) 80 I 1 ( —Between MHWL and-16.0 FT NGVD I 60 Above-16.0 FT-NGVD 0 0 W 40 CD s U 200 CD a) -20 I I I --- --40 ' > -60 24,000 22,000 20,000 18,000 16,000 14,000 12,000 10000 8,000 6,000 4,000 2,000 0 Alongshore Distance from Station 214+00 (FT). CF 1N>ST�A Michael F Easley,Governor OG William G. Ross Jr.,Secretary co North Carolina Department of Environment and Natural Resources rJ ~ Alan W.Klimek, P.E.,Director Division of Water Quality Coleen N.Sullins, Deputy Director Division of Water Quality September 5,2003 Mr. Stuart Cooke 1 Causeway Drive Ocean Isle Beach,NC 28469 Subject: Permit No. SW8 030731 Maritime Place Low Density Subdivision with a Curb Outlet System Stormwater Permit Brunswick County Dear Mr. Cooke: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Maritime Place on July 30,2003. 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 030731, dated September 5,2003,for the construction of the project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein,and does not supercede any other agency perm be required. it that may 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 fmal 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\STORMWAT\PERMIT\030731.sept03 cc: Alan Lewis — Brunswick County Inspections NCDOT—Division 3, District 3 Jim Gregson,Division of Coastal Management 1 R Laurie Munn AU 1- E,I j �u 3 1 Wilmington Regional Office Central Files /� D!VISIC).N CF COA'S 1r"L N.C. Division of Water Quality 127 Cardinal Drive Extension (910 395-3900VAY Wilmington Regional Office Wilmington, NC 28405 (910) Customer Service * )350-2004 Fax 1 800 623-7748 ?JCDENR State Stormwater Management Systems Permit No. WS 0 307,l 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 Stuart Cooke Maritime Place Brunswick County FOR THE construction, operation and maintenance of a 25% low density subdivision with a curb outlet system in comp-fiance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The 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 i t Z3 fj 1. The maximum built-upon area per lot is as follows: Lots 1-5 1265;square feet Lots & 17@ 1285 square feet, Lot 7 @ 1330 square feet, Lot 8 @ 1 20=square Teed t,ots�9 & 14@ 1315 square feet, Lots 10— 13 @ 1145 square feet, Lot 15 @ 1400 square feet, Lot; 16 @ 1420 square feet,Lot 18 @ 1275 square feet, Lots 19 & 20 @ 1270 square feet, and Lots 21 &22 @ 1120 square feet, as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. This project proposes a curb outlet system. Each designated curb outlet Swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots. 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 2 State 'tormwater Management Systems Permit No. Sw8 030731 II. SCHEDULE OF COMPLIANCE 1. Curb outlet swales, vegetated areas 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, per the approved plans 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 stonmwater management systems at optimum-efficiency to include: a. Inspections. b. Sediment reinoval. 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. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 4. 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 the approved plans, regardless of size. 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 sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, piping, or altering any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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 tl e:individual `i%' �;i _ property owner. v �N; 7. The permittee must certi ' -p fy in writing that the proj ect s stormwa er contras, �Md ,I 2uJ impervious surfaces have been constructed within substantial iirterit of the approveY plan j _J and specifications.Any deviation from the approved plans muat be noted:.Qn�t11p;, E Certification. The permittee shall submit the Certification to the�Divisieri_w�th'_'3Tdays- of completion of the project. 8. The pennittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 10. 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. 3 State Stormwater Management Systems Permit No. SNyS 030711 ! I. 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 anv lot. 12. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. I I Recorded deed restrictions must include, at 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 03 073 1, 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 �Tle maximum built-upon area per lot is as follows: Lots 1-5 @ 1265 square feet, Lots 6 & 17@ 1285 square feet, Lot 7 @ 1330 square feet, Lot 8 @ 1320 square feet, Lots 9 & 14@ 1315 square feet, Lots 10— 13 @ 1145 square feet, Lot 15 @ 1400 square feet, Lot 16 @ 1420 square feet, Lot 18 @ 1275 square feet, Lots 19 &20 @ 1270 square feet, and Lots 21 & 22 @ 1120 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, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. .� g. Filling in, piping or altering any 3:1 vegetated conveyances (ditch��`s; f ' etc.) associated with the development except for average driveway crossings is prohibited by any persons. `/" , h. Lots within CAMA's Area of Environmental Concern may ha�v� the permittA j built-upon area reduced due to CAMA jurisdiction within the AEG.; , i. Filling in,piping or altering any designated 5:1 curb outlet swale or ve efdted.ar-e associated with the development is prohibited by any persons. g =` j. A 30'vegetated buffer must be maintained between all built-upon area and the Mean High Water line of surface waters. k. All roof drains shall terminate at least 30' from the Mean High Water mark. 1. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 14. All roof drains must terminate at least 30' from the Mean High Water mark. 4 State Stormy;•ater Management Systems Permit No. SW8 0'0731 J5. Prior to transfer of ownership, the swales must be inspected and determined to be in compliance with the permit. An}7 deficiencies will be repaired or replaced prior to the transfer. 16. All curb outlet swales and l 00' vecetated areas must be located in recorded drainage easements or dedicated common areas. The final plats for the project will be recorded showing all such required easements and common areas, 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 General 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 pernut 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. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the permit transfer. 6. 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. 7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and its components. 8. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. 9. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Permit issued this the 5th day of September, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT Cq_ . SSION ------------- Alan W. Klimek, P.E., Director Division of Water Quality ;� ► 2 f cj 03 By Authority of the Environmental Management Commission=' DIVISlO'J OF Permit Number SW8 030731 CQ•;S � « E`� • .; .'4�= 5 0 -ICE USE ONLY. Date Received I Fee Paid I Permit Number zt o � 3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original L GENERAL INFORMATION 1. Applicants name (specify the name of the corporation,individual,etc.who owns the project): S+ ao 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: - I C4.0 City- poA State: NC Zip: Zg4.( 9 Telephone Number. ( q10 ) 579-3535 4. Project Name (subdivision,facility, or establishment name-should be consistent�ivfth _ j _ m o ect-nae on. lens, specifications, letters,operation and maintenance agreements, etc.): I 5. Location of Project (street address): - - S Co Shc�1� C City:_oCt4m �S(L g County kB'M—ILLK r� 6. Directions to project(from nearest maior intersection): Frnm i NCQO aid NC179 �-►-nee! r�x l ri►� Su�1,#�� cil�nq N`�g01{ -i-o Seca►-A Sf. lei+ 2,5rn1 4-n _'Ri.U,-+ BIvd, to" D Z5 m� io E �eve�►� St 7. Latitude: N33�54 Longitude: W:38°23.57 of project P J 8. Contact person who can answer questions about the project: Name: Cco kf. Telephone Number. ( Q 10 ) 5-79-3535 IL PERMIT INFORMATION: I. Specify whether project is (check one): V1 New Renewal Modification ORIGINAL Form S)VU-101 Version 3.99 Page 1 of 4 i i riow was the off-site impervious area listed above derived? W/A IV. DEED RESTRICTIONS AND PROTECTIVE CO VENANTS The following italicized deed restrictions and protective covenants are re quired to be subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary si for all listing each lot number,size and the allowable built-upon area for each lot must be provided a gan attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt,gravel, concrete,brick,stone,slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be Media piped, or altered except as necessary m provide driveway crossings. 9. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5 All permitted runoff from outparcels or future development shall be directed into the permitted stormwarer control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted By your signature below,you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from die State,and that they will be recorded prior to the sale of any lot. V. SUPPLF—MENT FORMS Tlie applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement V Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement I I Form SWU-108 Underground Infiltration Trench Supplement t.'j` C�T L�l3 Form SWU-108 Neuse River Basin Supplement `� Form SWU-109 Innovative Best Management Practice Supplement DIVISION G -. t — Form SWU-101 Version 3.99 Pa¢e 3 of State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stornwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stonmwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can b: found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION Project Name : Ma,v"� me Contact Person: �' a►-f Cooler Phone Number: ( 6110 ) 5'?9-2535 Number of Lots: 22 Allowable Built Upon Area Per Lot*: S2c a+�ach.ed *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name,phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area- the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. V ' • DF Density Factor- the appropriate percent built upon area divided by l 66 t� • RA Road Area - the total impervious surface occupied by roadways. r -,' ? -- • CIA Other Area - the total area of impervious surfaces such as clubhouses, ten_nis'courts;-sidewalks,:`etc-. • No. Lots - the total number of lots in the subdivision. _ • BUA/Lot- the computed allowable built upon area for each lot including driveways and impervious` surfaces located between the front lot line and the edge of pavement. Fonn S WLJ-1 U4 Rev 3.99 Page lof2 ORIGINAL MARITIME PLACE ALLOWABLE BUILT-UPON AREA LOT# LOT SIZE (SF) BUILT-UPON AREA (SF) 1 5152 1265 2 5152 1265 3 5152 1265 4 5152 1265 5 5112 1265 6 5030 1285 7 5368 1330 8 5399 1320 9 5175 1315 10 5069 1145 11 5115 1145 12 5098 1145 13 5076 1145 14 5726 1315 15 6023 1400 16 7704 1420 17 5507 1285 18 I 5064 1275 R2022 501270 5' 1270 5' 1 1120 5748 1120 TOTAL BUILT UPON AREA FOR LOTS 1-22: 27630 SF IMPERVIOUS AREA OF POOL HOUSE.- 224 SF TOTAL BUILDING IMPERVIOUS AREA: 27854 SF IMPERVIOUS AREA OF ROADS: 20171 SF TOTAL IMPERVIOUS AREA: 48025 SF AVG. BUA PER LOT: 1256 SF (27630/22) � 11 �� i2, 3 ^Or rr ( L _ 16{�l���i�t`Mi r--=[ !No. (to be Provided by Dt{'Q) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERNIIT APPLICATION FORM CURB OUTLET SYSTEM SUPPLEMENT FOR LOW DENSITY DEVELOPMENT WrrH CURB AND GUTTER This form may be photocopied for use as an original DWO Stormwater Management Plan Review.• A complete stormwater management plan submittal includes a stormwater management permit application. a curb outlet system supplement, a low density supplement, design calculations, and plans and specifications showing all stormwater conveyances and curb outlet details. I. PROJECT INFORMATION Project Name : MQr��-ime Plr�cc, Contact Person: S}LicL,,-.4- coo _ Phone Number: (q I 0 5 Curb outlets to (check one): VSwale 0 Vegetated Area IL REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a- Curb outlets direct flow to a swale or vegetated area. ffit-E b. Swales or vegetated areas receiving curb outlet flow are designed to ca rry, at a minimum, the peak flow from the 10-year storm. c. Flow velocity is non-erosive for peak flow from the 10-year storm event. Bs H d. Longitudinal slope of the swale or vegetated area does not exceed 5 io. s e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical). 3s1# f. Length of swale or vegetated area is > 100 feet. 35H g. The system takes into account the run-off at ultimate built=Out potential.from all surfaces draining to the system (delineate drainage area for each swat h. Swales are located in recorded drainage easements. 443 BS N i. Grass type(s) for permanent vegetative cover specified-on detail.' j. Swale detail provided on plans. Form SWU-105 Ver 3.99 Page 1 of 3 ORIGINAL r'URB OUTLET SYSTE' - MAINTENANCE REQUIF.EME1� i• Mowing will be acco=iished as needed according- to the season. Grass height will not exceed six inches at anv time. 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be reve-etated as needed and in a timely manner based on the monthly inspections. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Si`Uu,v�- F CooKt - Owne✓ Address: f CR►tse.t,,._ Dr. Phone: 6 i0) 5 - 335 Date: / Signature: tl Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. I' ��1� '✓ C ��1a Notary Public for the State of ounty of do hereby certify that S`F t+.�> `y- . �►�,f personally appeared before me this 1 day of and acimowledCe the due execution of the forgoing infiltrad basin maintenance requirements. Witness my hand and official seal, ueeeere�jt`.. My commission expires ? 7 7, gene�O' '� j I1` ! GCT 2 1 2033 !{ FotmSWU-105 Ver3.99 Page 3 of 3 State "ormw•ater Management Systems Permit No. SWS 630731 31 STATE OF NORTH C AROLINA 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 Stuart Cooke Maritime Place Brunswick County FOR THE construction, operation and maintenance of a 25% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The 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. The maximum built-upon area per lot is as follows:' Lots 1-5 @ 1265 square feet Lots 6 & 17@ 1285 square feet, Lot 7 @ 1330 square feet, Lot 8 @ 1320 square feet, Lots 9 & 14@ 1315 square feet, Lots 10— 13 @. 1145 square feet, Lot 15 @ 1400 square feet, Lot 16 @ 1420 square feet, Lot 18 @ 1275 square feet, Lots 19 &20 @ 1270 square feet, and Lots 21 &22 @ 1120 square feet, as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the built-upoifareafor those lots within the AEC. 2. The overall tract built-upon area percentage for the project must baintad t S;(o I� per the requirements of Section .1005 of the stormwater rules. �L 3. This project proposes a curb outlet system. Each designated curb putlet Swale nr'100' vegetated area shown on the approved plan must be maintained at-a-riiirimum of 100 long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than ' 5%, carry the flow from a 10 year storm in a non-erosive manner, in a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots. 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 2 State `'`ormwater Management Systems Permit No. S��'S Q:07�1 II. SCHEDULE OF CC�1NZPLIANCE l. Curb outlet sNvales, vegetated areas 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,per the approved plans 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. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 4. 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 the approved plans, regardless of size. 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 sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, piping, or altering any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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 belnot� on the'"'/j V. ` I r Certification. The permittee shall submit the Certification to the D vision within 30 da of completion of the project. ! 1 8. The permittee shall submit all information requested by the Director br his.repr_esentative ~� within the time frame specified in the written information request• �. 9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wideH vegetative buffer between all impervious areas and surface waters. 10. 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. 3 State "',)rmx,.,ater Management Systems t No. SNN78 630731 1 1. Deed restrictions are incorporated into this permit by reference and must 1be recorded with the Office of the Re.ister of Deeds prior to the sale of any lot. 13. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 13. Recorded deed restrictions must include, at 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 03073 1, 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. 'Tbe maximum built-upon area per lot is as follows: Lots 1-5 @ 1265 square feet, Lots 6 & 17@ 1285 square feet, Lot 7 @ 1330 square feet, Lot 8 @ 1320 square feet, Lots 9 & 14@ 1315 square feet, Lots 10— 13 @ 1145 square feet, Lot 15 @ 1400 square feet, Lot 16 @ 1420 square feet, Lot 18 @ 1275 square feet, Lots 19 &20 @ 1270 square feet, and Lots 21 &22 @ 1120 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, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is 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 SEC____ _ i. Filling in, piping or altering any designated 5:1 curb outlet sw ill 0rvegetated area associated with the development is prohibited by any persons. 3 J. A 30'vegetated buffer must be maintained between all built-upon:area and the Mean High Water line of surface waters. k. All roof drains shall terminate at least 30' from the Mean High Water mark. 1. This project proposes a curb outlet system. Each designated curb outlet swale or 100'vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 14. All roof drains must terminate at least 30' from the Mean High Water mark. 4 NA 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 October 21, 2003 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - Maritime Place Subdivision Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, October 23, 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. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett Jaye Poole File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 20, 2003. According to said application, Stuart Cooke at Maritime Place Subdivision, 7th Street off Shallotte Blvd., Ocean Isle Beach, Brunswick County proposes to dredge the existing boat basin and construct a community pier and floating dock. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to November 13, 2003, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. �� — — . NCDENR Carolina Deparment of Environment and Natural Resources Division of Coastal Management f,/icrtaef F. Easley. Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 24. 2003 Elizabeth M. Nelson East Coast Engineering. P.A. 4918 Main Street ` Shallotte. North Carolina 284�9 Dear Ms. Nelson: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Stuart Cooke. for State approval for development of property located at 7th Street off Shallotte Boulevard in Ocean Isle Beach. Brunswick County. It was received as complete on October 21, 2003 and appears to be adequate for processing at this time. Mr. Cooke has requested that the application be processed under the Express Review Permitting Pilot Program. Under this expedited process.the projected date for making a decision w ll be around November 20. 2003. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA. major permit applications, that also require Federal authorization, are processed as a joint review under the CAMA Major Permit/Corps of Engineers 291 General Permit process. Under most circumstances the Federal review of these applications would be after November 20, 2003. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision may be made, the Division of Coastal Management will render a pennit decision on the CAMA Permit only. Should that occur, your project would most likely be processed as an individual permit by the US Army Corps of Engineers. Should you wish to place your project on hold before November 20. 2003. pendinz the receipt of the Federal decision. the Division of Coastal Management will render a decision once the Federal comments are received. NCGS 1 13A-1 19(b) reouires 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 North Shore Drive. Some examples would be: Nailing the notice card to a telephone pole or stake along the road r iRht- o;way fronting your propem. Faiiure to post this notice could result in an incomplete application. Sincerely. James H. Gregson District Manager Doug Huggett. DCM Charles .iones. DCM Henry Wicker. COE "27 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900Tax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Epual Opportunity 1 Affirmative Action Employer-50%Recycled\10%Post Consumer Paper / J4 NOISIA110 1�� V I �r U.S.Potstal Service CERTIFIED MAIL RECEWT (Domestic Mail Only:lvf)In.surunce Coverage Provided) cc =° -� u] Pcats9e g Ir 2.4 m CartMed Fee it . noun R"Pt Fee i O (Enaorsement Requk" t C3 ReWcMd DeMery Fee p (Enda—tnx Required) TOM Poefage 6 Fees $ _. S Ir Sent rq bftft Apt nay -'— .-• C3 w PO Hot Na cay, Z iZ abed 408Z0SL0I6E6408V9L016 wOJJ we6I:L0 10-IZ-130 IN33NI9N3 1S000 1SU3:A9 luaS n•1 A r r 242PG1134 �I FILED FOR St-C-MftAll�'t DEED F'!T= T1t.E [individual to Trustee) AUG 17 AM 10: 53 1111TRAFAMIL'i TR..IISFER. 1:0 MONETARY CONSIDERATION. 110 TITLE SRECUSL i`OiiEDS TR.;U:SF_R IS EEING V!ADE TO EFFECT A11 ESTATE PI-M. GP.AIITOR IS HBkt t&ZK(WitMKC. OF 7HE TRUST, TRUSTEE Oa THE TRUST, AND PP.II•'.AP.i cENEF'ICIi-SAY.] GRANTOR'S NAME A11D ADDRESS: RICHARD W. JENIIIIIBS 1844 11. Elm Street Greensboro, 1IC 27408 GRANTEE'S NAME A11D ADDRESS: R1CILARD W. JE1111I11GS, Trustee 1944 N. Elm Street (J �]1 /`n`/ Greensboro, IIC 27409 RE ' 6l6a)-d 7knn 1 h_ 1 C TOTAL 1q-D0 REV �f j" TO ✓f PREPAR CherylEF.BDavid RECI CKAtffl°°CU Ms 257 11. Green* Street CASH—REF—BY Greensboro, IIC 27401 AFTER RECORDING, RETURN TO: R1CYARD W. JE1111711GS, Trustee P. O. Box 12091 Greensboro, 11C 27415 UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENT S LL BE S 17 O T FOLLOWIlIG ADDRESS: RIrHARD W. JENNI11GS, Trustee l'. 0- Box. 13091 Greensboro, 11C 27415 1 DEE )71OW ALL PERS011S BY THESE RE r1 hat RIC D W. JENNINGS or Greensboro, Guilford County or Ca old a, herein called the Grantor, an consideration of the Jenn qs Tr st, dated July 21. 1999, does hereby grant, bargain, convey, d ransfe unt RICHARD W. JENNINGS, Trustee, under the Jennings Living Tr t, ate my 1, 98, herein called the Grantee, and unto Grantee's succes or and ss n.5 s e-half undivided interest in all of t11at certain real ace t wi the to ments, heredi tames,ts, and appurtenances thereunto el ng 9 or in any way appertaining, situated in Brunswick County, to No h Carolina, described as follows, to wit: See a to hed Exhi it A a B whic7: are ancoraorated herein by refe -nc as if fu ly set forth. p pe y desc b in the above-referenced Exhibit A was ac it by or y anstrument recorded in Book 210, page 316: e op ty descr zd in the above-referenced Exhibit 8 was a u1 d b r by instrument recorded in Book 220, page 570, ru wi . County Registry. To . t to Hold the same unto tLe Grantee and Grantee's successors an as gns forever in fee simple, subject to Restrictive Czvenants of Record, ase nt of re=ord, and all liens and records of encumbrance T rue and actual consideration paid for this transfer stated in terms f lla M.is $ 1tO11E. This deed is executed pursuant to the Jennings Living us 'dated, July 21, 1998, between RICHARD W_ JENNINGS, Trustor,• and RICIMPI) J 1111I11GS,', Trustee. ,. Ir. vorlst\F�uarq this deed and where the context so requ_res, the singular ncludes the d ural and all grammatical changes shall be implied to Make the ��-•, _ prow ions hEltof apply equally to corporations and to individuals. "• �', The liabil;..ty and obligations cf the Grantor co Granter. and Granter s 'l sucersso'is andt.tskigns under the warranties and covenants contained herein o: provid�d`b}',�as) shall be laauted to the extent of coverage that would be \' Cavailablg.K o Grantor under a standard policy of title insurance. The `limitations contained herein expressly do not relieve Grantor of any liability t or'obligations under this instrument but merely define the scope, nature, and .-—amount of such liability or obligations. 1 I,, -�poa I Cr— /sS FX' 1242PGl 135 iTHIS ISISTRUt:=::T WILL NOT ALLOW USE OF THE PP.OPERTY G=SCRI3ED III EFD?e INSTRLMENT I': ='IOLATIG:I OF APPLICABL- i r ID USE LA.;.S .,l:DTREGUI`TTISTI.E TO-TNEL SIGNING OR A:CE?TIISG THIS I1:STnUd�11T, TH7 pEFSOII nCQUIR_IIG c- PRJi•ERii SHO'ILL CHECK WITH THE AP?ROpRIi,TE CITY OR COUI i P!��:IlI11G DEi'AiTI?FIST TO VERIFY :.?=r.G':ED USES ;,t1D TO DET=RMItIE ;JT LIMITS 0:I IJ++;SUITS nG,.,INST `-i,.R1.1ING OF =OpEST Ppi;CT.I CES %s r cFI NED UIME? STATE ill KITUES5 ::fiE?EOr, the Grantor has e:-ecuted this insttutr,ent this < <- day o! ) t.,_L�_ 1 7ICfiFpL ,TE1111111GS, Grantor STATE of 1;0;7H C•'-.pCLII:;% ) 55. County of GUILFORD ) d;.,pcared On Lits:: �_ d3y of before ite Lhe above RICHARD 3E1:131111 , personally )mown to e me as s or ved trria be e on the :asis of satisfactory evidence to be the person ,.hose to the within instrument and acknowledged that- a/she execut^d th , Gitness my hand and seal this 1��/,.�� �•/ 22nd of July, 1998. r:OTA?Y PUB LE I ly C0T:1i 552 Oti a pl rc5 _cam v v = - 1 SPATE OF NORTH CAROLINA COU1r'TY OF BRUNSW 1CK S} The Foregoing(or annexed)Ceri1 f Cd1C(S)of NOtar)(iCS)PUhtic is(are)Cefti{IL• o be orrc ay of ���. *�-� This Instrument wac fled fur Rrgiatra'm o is ILL in the E3ruik and Page shown an the Firs age cof. C — ►' r t r'�r\r r�•�� t on s= .ele Dc_ch and adj=ccnr co yi k 1 . It 1. CJ Se Linz, Z=d bcln; ]u on O_e 6. 1953. A na eu NeY•d and =- )•7gad S percY Can+dY. CSv11 LnL1n<ci. July bcncially bettccn the ntz Lhcra ed6 e pf Seventh Strcct and e Z ttl: o`- old Sound Creek. � ' L L� utter = l 2 et a o_` seventh Street. the dlvle eeE:_�ans D in the noYtheza E and t nn B thcna- u l ` t=d IS. boc% lo, vet. it extended, y - lot disL=nee 3 _ _ _ �c co�-Le a Laid division lire becveen t=ld with ='-d a ' r r � D'_d Sound C:e t ncc C_ cf :DD feet, the low eater _^.rk of a cf D - C. thence t -k couch 91 den. L7 =in• vest a iG nt l to _}- 11 G 1LeL, _ � - arallcl th e L':%L _= a couthcacLetlY �'SrccL/on. 9 Z }1 ree e, lsp hr. C: Lhe notthtrn e e a Z_zt=ncc of SDD feet, - -i Z GSv'eiop lint beLveen lot.: �:os. p 91 Ce d. L7 =1n- .l f a-:er.ih s _..rmh the=ce vi Y. th te no=there a'- s e ?1- e L the -_ eaec a Liccance of 300 f C. refetcnces to Seventh SLte L7_ ld ...d Creek cin6 ss the ca=c vcre , apt�trl�. if npL J• Su ge p tions of the foregoinP. Property are subject �i to D cl at. f inal Resolution recorded in Book 94 P e e 687 f the Brunswick County Register f De s. z ' L �I CST G l zZ3 CQ�STAL -� fXSISi= B �3K 12 2 PG 1 131 L_rGi4'TtI1;G at as lron pipe ll e nxchcra line of Seventh Street9 a d ;.Inc Da1aC loeaccd the Lollovlrg couraea and distances Lroe:lthe c of teetioa c` the norchern 2.me of _bird Street with the ten _Le dth 1n Sktlloccc Eoulevard; (2hitd and Seventh SLreacs bdint 60 d D e ence f e=•a sad Shcllr:tte ,youleva:d bt1nL 100 Lezc 1A vtdeh)j ins. in the cea r- c: iaie=setc:.aa 110 Deg OS win E 1DG9.GL .eer r p Dint belnt 9e the rocs rn ine rr Z .inz of Skc1_+ette 9aulev:-d. et1- P would to cc- ui ten cline of Sh lott• LWin D o: Seventh Street elcteaded 3' Le L L the p c o begin- ' 5oulevatd; cl:cnce 2i 82 De; :6 i:in p in eec c ca Llre t 1D . ninF; cbeace from sa11 begin P d._ coon with the oSound C:eck e is scar O center of G1d he line of richard Jcnnin6a s :he ste 2 4 cease: of Old Sound C` .A a eouthe:ly direction to the 3r Z L:LCL: CheACs Lit .�S IC.Le_:i �Ae. a 0 e�ih .r _: c. ac. ith the northc:n line oL aai t ac::he:n 12n. f S eontaioia 2 a �• _re- �01 to the Inc of bes innin6. E Z atzeet Si A vcc Ely tr Ceres j r^... o n \�lS V� '0hl f`�Vi4i1'..• G R :hv'3 rr. .^�i7i