19870342 Ver 1_COMPLETE FILE_19871221

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF EIIGINEERS
P,O, BOX 1890
'.'IIU.1INGTON, NORTH CAROLINA 2&402,1&90
December 10, 1987

RECEIVED

DEe 2 11987
WATER QUALITY SECTION
OPERATIONS BR.lI,NCH

". PEPc' OE=EO'C
Regulatory Branch

SUBJECT: File No. SAWC087-N-065-0512

Mr. Scott Gilbert
Villas at Landfall Association
Post Office Box 5368
~ilmington, North Carolina 28403

Dear Hr. Gilbert:

By copy of North Carolina Department of Natural Resources and
Community Development letter to you of November 12, 1987, we have
been informed that your application for State authorization to
construct a pier with floating docks on the Atlantic Intracoastal
~aterway (AIWW) to provide a 47-slip marina facility supporting
residential development, near ~rightsville Beach, New Hunover
County, Sorth Carolina, has been denied. Under the administrative
rules of our regulatory program, denial of required State
authorization precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is
hereby denied, and your file has been retired.

Addi::i.o:lally, we have determined that locating a residential
marina so :lear the 90-foot-wide AIWW channel would be impractical,
because of the damaging wakes of tows and large vessels, without
establishing a corresponding "no wake" zone. To establish such a
zone and restrict vessel speed would negate the benefits which
Congress recognized in authorizing Federal excavation and
maintenance of the AIWW.

Mr. Hugh Heine of my staff is available to answer any
questions you may have or to assist you in considering possible
alternati.~es. He may be reached at telephone [phone].

BY AUTHORITY OF THE SECRETARY OF THE AR}~:

Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

-2-

Copies Fur~ished:

Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Cou~unity Development
Post Office Bcx 27687
Raleigh, North Carolina 27611-7687

Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

Mr. Ra:1dy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

Ms. Beverly Etheridge, Chief
Wetlands Section
Regio:"! IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atla~ta, Georgia 30365

j Mr. William Mills
Water Quality Section
Division of Environmental
North Carolina Department
Natural Resources and
Comuunity Development
Post Office Box 27687
Raleigh, North Carolina

Management
of

27611

Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Hanagement
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

'\

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Manab>ement
512 North Salisbury Street · Raleigh, North Carolina 27611

James G. Martin, Governor
S. Thomas Rhodes, Secretary

November 12, 1987

David W Owens
Director

Certified Mail
Return Receipt Requested

Mr. Scott Gilbert
Villas at Landfall Associates
P. O. Box 5368
Wilmington, NC 28403

Dear Mr. Gilbert:

'l'his letter is in response to your request on behalf of Villas at
Landfall Association for a permit under the Coastal Area Management Act to
construct a 47 slip marina for a 77 lot subdivision on the AIWW near
Wrightsville Beach, N. C. Processing of the application, which was accepted
as complete on August 25, 1987 and required extended review on November 9,
1987, is now complete.

Based on this review, including onsite investigation by State and Federal
agencies, the Division of Coastal Management has made the following findings:

(1) Adjacent waters of the AIWW have been open to the taking of
shellfish as recently as June, 1981. Recent sampling by the
Division of Marine Fisheries has found a significant number of
shellfish within this area. With the countywide sewer system
now available in the vicinity, the Division of Environmental
Management expects water quality to improve and the use of the
waters for shellfishing purposes will once again be attainable.
Construction of the marina will cause these waters to be
permanently closed to shellfishing and the potential recovery of an
existing use' would be lost. Should the immediate area of the
proposed marina not be reopened, construction of the marina will
cause the recOImnendation of additional closures of currently open
areas for buffering purposes by the Division of Health Services,
Shellfish Sanitation Branch. Loss of a potential area to be
reopened, or closure of additional waters available to the taking of
shellfish is a violation of the Environmental Management
Commission's Antidegradation Policy;

(2) The proposed 77 lot subdivision is adjacent to SA classified waters.
Therefore, a stormwater management plan is required but has not been
submitted;

(3) Construction of the marina near the AIWW channel would place the

1'.0 !lox 27687, ItJleigh, North Carolina 27611-7687 Telephone 919-733,2293

An FntLll OO[Xlrtunitv Afiinnative Actinn Fmnlrn.~.,.

.,

'\

Mr. Scott Gilbert
Page 2
November 12, 1987

structure and moored vessels in jeopardy of being damaged from
commercial tow and large vessel wakes. Since the AI~~ was developed
for commercial transportation, the U. S. Army Corps of Engineers
would not approve a "no wake" zone to protect the marina from
damage; and,

(4) The project, as proposed, is inconsistent with the following partial
listing of State Guidelines for Areas of Environmental Concern
(AECs) :

(a) 15 NCAC 7H.0206(c). Management Objective (for estuarine
waters). This rule establishes, as the highest priority,
the management and conservation of the important features
of estuarine waters so as to safeguard and perpetuate
their biological values;

(b) 15 NCAC 7H.0208(a)(2)(C). This standard states that
development shall not violate water and air quality
standards;

(c) 15 NCAC 7H.0208(b)(5)(E). Marinas shall not be located
within areas where shellfish harvesting for human con-
sumption is a significant existing use or adjacent to
such areas if shellfish harvest closure is anticipated
to result from the location of the marina;

(d) 15 NCAC 7H.0208(b)(5)(I). Marinas shall be located and
constructed so as to avoid adverse impacts on navigation
throughout all federally maintained channels and their
immediate boundaries. This includes mooring sites, speed
or traffic reductions or any other device, either physical
or regulatory, that may cause a federally maintained
channel to be restricted;

(e) 15 NCAC 7H.0209(e)(4). This standard requires that deve-
lopment (within the estuarine shoreline AEC) not have a
significant adverse impact on estuarine resources; and,

(f) 15 NCAC 7H.0602. Pollution of Waters. No development
shall be allowed in any AEC which would have a substantial
likelihood of causing pollution of the waters of the State
to the extent that such waters could be closed to the
taking of shellfish under standards set by the Commission
for health services pursuant to G. S. 130-169.01.

Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act be denied. This denial is made
under N.C.G.S. 1l3A-229(e)(5), which provides for permit denial upon finding a
significant adverse impact on estuarine resources and G. S. 113A-120(8), which
requires denial of projects inconsistent with the State Guidelines for Areas
of Environmental Concern. In addition, letters of objection to the proposed

..

..

Mr. Scott Gilbert
Page 3
November 12, 1987

project were received by this office from area environmental groups.

Alternatives may exist for your project that could result in the issuance
of a CAMA major development permit after modification of your proposal.
Submission and approval of a stormwater management plan for the subdivision
and reduction in size to no more than 10 slips while moving the entire
structure further away from the AI"~ navigation channel are possible
alternatives. As always, the Division of Coastal Management staff is
available for assistance should you decide to pursue an alternative design.

If you wish to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge who listens
to the evidence and arguments of both parties and then makes a recommendation
to the Coastal Resources Commission. Your request for a hearing must be in
the form of a written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the
Office of Administrative Hearings, P. O. Drawer 11666, Ra~eigh, N. C. 27604,
within twenty days of receipt of this letter. A copy of the petition should
be filed with this office.

Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
proj ect. The Federal Coastal Zone Management Act of 1972 ( CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (I) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.

If you have any questions concerning the appeal procedure, please contact
Mr. John Parker at 919/733-2293, P. O. Box 27687, Raleigh, NC 27611.

Sincerely,

. I f 1 ()
V~ftl :{/( !/ tt~I/V
~vid W. Owens '

DWO/aw

cc: Mr. Peter Tweedt, Director
U.S. Department of Commerce, OCRM
Washington, D. C.

Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, N. C.

"

I,

.It..'
'\ill,

State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office

James G. Martin, Governor
S. Thomas Rhodes, Secretary

Bob Jamieson

DIVISION OF ENVIRONHENTAL MANAGEIt1ENT

October 29, 1987

Mr. John R. McAdams, President
John R. McAdams Company
Post Office Box 2896
Chapel Hill, North Carolina 27515

Subject: Stormwater Control at the
Landfall and Pembroke Jones
Park Developments

Dear Mr. McAdams:

Thank you for meeting with us October 20, 1987 to discuss the
ongoing development at both Landfall and the Pembroke Jones Park.
As discussed at the meeting, a stormwater management plan is
required for projects using curb and gutter collection systems.

It is our understanding that you are going to proceed with the
"Villas at Landfall Associates" project under the current
stormwater regulation, 15 NCAC 2H.0408. In order for your
stormwater management plan to be reviewed and approved under the
current regulations (i.e., 4-1/2 inch storm, 575 feet from SA
waters) you must submit a complete stormwater management plan
that is consistent with 15 NCAC 2H.0408 and the CAMA Major
Development Permit for this project must be issued prior to
January 1, 1988. If a CAMA Major Development Permit is not
issued prior to January. 1, your stormwater management plan must
be designed in accordance with the new regulations which take
effect January 1, 1988.

Further it is our understanding that you
stormwater management plans for the entire
Development that will comply with the
implemented January 1, 1988.

will be submitting
pembroke Jones Park
regulations to be

7225 Wri!,+ltwille: Avenue, Wilmington, NC 284D3,3696 · Telephone [phone]

An Equal Opponunity Affirmative: Action Employer

,,~

~
.

Page Two
Letter to John R. McAdams
October 29, 1987

In order to facilitate a speedy review of your plan, you are
encouraged to have the system designer be in contact with David
Cotton on my staff, prior to submittal of the plans. If you have
any questions, or if we can be of any further assistance, please
contact David Cotton or me at 256-4161.

APH:DHC:kc

cc: Bill Mills
John Parker - DCM
Bob Stroud - DCM
WiRO, CF

Sincerely,

Crjciil~,j Si[r:c(! 3y
It FriES TOi'i HO'.'\' ,\;\ 0, J r~

A. Preston Howard, Jr, P.E.
Regional Engineer

~~ ..

.~r

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section

October 28, 1987

M E M 0 RAN DUM

SUBJECT:

John parker~ ~

~MillS~V'.

Application for C&~ Permit
Villas at Landfall
New Hanover County

TO:

FROM:

The Subject application has been reviewed for water
quality impacts and the following comments are offered:
I
a. This proposed project does not require a 401 Water
Quality certification.

b. There has been no stormwater management plan
submitted for this project as required in 15 NCAC
2H .0408(f) for projects not using density limits
to control runoff.

c. If the applicant does propose to use density
limits to control runoff as specified in 15 NCAC
2H .0408(e) the following conditions would have to
be met:

1. That the use of road side curbs and gutters
must be eliminated.
2. That the restrictive covenants restrict the
effective impervious cover to a maximum of
2,000 square feet per lot on lots 1 through
19 and lots 52 through 69. Effective
impervious cover includes weighing sod as 25
per cent impervious.
3. That the use of stormwater catch basins and
piping network be eliminated.
4. That any runoff entering SA waters must run
over 50 feet of unchannelized, overland,
sheetflow grassed buffer.
5. That a plan incorporating the above
conditions be submitted and approved.

r

l

~~

- 2 -

d. With regard to the marina, the adjacent waters
have been open to the taking of shellfish as
recently as June, 1981. With the countywide sewer
system, the water quality in the vicinity should
improve and, therefore, the use of the waters once
again for shell fishing purposes is considered to
be attainable. Should the marina be permitted
these waters will be permanently closed to
shellfishing; thus, the potential recovery of an
"existing use" would be lost. Such a permanent
closure of this area due to the marina would be in
violation of the EMC's Antidegradation Policy.

e. Based upon the information as described above,
denial of the application for both the high ground
development and the marina are recommended.
Should the applicant submit an acceptable
stormwater management plan for the high ground
development, we would not object to permitting
that portion of the project. However, the
permitting of the marina would still be in
violation of the Antidegradation Policy.

BM/dkb

cc: Preston Howard

,-.

DIVISION OF ENVIRONIrIENTAL MANAGEMENT

MEMORANDillt

DATE:

October 6, 1987

RECEIVED

OCT 1 5 1987
WATtH QUr1L1TY SECTION
OPEHATIONS B?,~~\'('11

FROM:

Bill Mills
Operations Branch

A. Preston Howard, Jr. JAy
Wilmington Regio"nalj officeptl

Charles Wakild ~;V!
Wilmington Regi~nal Office

TO :

THROUGH:

SUBJECT:

Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Villas at Landfall
New Hanover County

The applicant is proposing to develop a 20.15 acre parcel of
land. The development plan includes 69 lots, intended for single
family residence and to install a pier with 47 boat slips. The
project is located adjacent to the AIWW, classified SA and
currently closed to shellfishing.

The project has been reviewed to determine compliance with the
current stormwater regulations. The following comments are
offered:

1. There has been no stormwater management plan submitted.

2. If the applicant proposes to use density limits to control
runoff the following conditions must be met:

a. That the use of road side curb and gutter must be
eliminated.

b. That the restrictive covenants restrict the effective
impervious cover to a maximum of 2,000 square feet per
lot, on lots 1 through 19 and 52 through 69. Effective
impervious cover includes weighing sod as 25 percent
impervious.

c. That the use of the stormwater catch basins and piping
network be eliminated.

d. That any runoff entering SA waters must run over 50 feet
of unchannelized, overland, sheet flow grossed buffer.

Page Two
Memo to Bill Mills
October 6, 1987

e. That a plan incorporating the above condition be
submitted and approved.

The project has also been reviewed to determine the impact of a
47 slip boat pier. There has been a Use Attainability Analysis
performed for the proposed marina (copy attached). The waters
have been open for the taking of shellfish as recent as June of
1981. With the countywide sewer system, the water quality in
this vicinity should improve, therefore, the permitting of 47
slips at the proposed location would cause permanent closure and
the loss of an "existing use" which is potentially obtainable.

In view of the above information, this office recommends denial
of the CAMA permit for both the marina and the high ground
subdivision. This office will not oppose the high ground
subdivision after the applicant has an approved stormwater
management plan. The permitting of the marina, however, would be
in violation of the EMC's Antidegradation Standard.

DHC:kc
cc: CF, WiRO

TO: Bill Mills
Operations Branch

Division of Environmental Management
Use Attainability Analysis for
Proposed Marina Projects in Class SA Waters

Project Name

(Check all Appropriate Boxes or fill in Blanks)

011~~ ~U~Y\Jt.l\ Assoc,:~toV'~

Section I.

Project Description
A. LNew Marina

_Marina Expansion

B. New Basin (dug out of high ground)
(Include Specifications and Sketch)
_Existing Basin Expansion
(Include Specifications and Sketch)
~Natural Waters
Others (Please describe below)

C. Proposed No. Slips
Existing No. Slips

Lf7

--

D. Commercial Marina
~Private Marina
-Publicly Owned Marina
==Other (Please describe below)

~o r r e..-~ ~A. e"\~ r....\ \I ~~.

E. Description of Any Unique Characteristics or Operational
Proposals.

Section II.

Existing Use Determination (for waters outside of marina basins)

A. Closure Status (Check One)

Open Waters II
~Closed Waters (By Data) Date Closed Nt5'-l'"' (0 <=6\
Closed Waters (DHS Marina Policy)

B. Will the proposed project result in additional closed
acreage? (Please attached analysis showing calculations
for area of closure.)

Yes

X No
-

Not Clear

C. Does the area to be effected by any closure have significant
shellfish resources?

Yes

No

.X Unknown

Briefly provide description of resource and any other
characteristics.

D. Has the area to be impacted by the proposed project been
available for shellfish harvesting and has shellfish harvesting
occurred since November 28, 1975?

lYes

No

Unknown

E. Is the entire area to be impacted by the proposed project
currently unavailable for shellfishing because of the DHS
Marina policy or other irretrievable man induced impact'?

Yes
-

x

No

If yes, briefly describe below.

Section III.

Attainable Use Determination (To be completed only if the answer
to II.A is Closed Waters (by Data) , and if the answers to II. C and
II. Dare No).

A. What are the major sources of pollution causing the closure'?

B. What actions are required to reduce or eliminate these existing
sources of pollution?

C. Can the areas be expected to be open for shellfishing given
reasonable efforts to control the existing sources of pollution?
Explain.

Section IV.

Project Decision

A. Recommend Project Denial

X There has been a recent shellfishing use (Answer to II. D
is Yes) and the area is not currently irretrievably closed
(answer to II.E is No).

OR

_Shellfishing is a reasonably attainable use according to
Section III.

OR

Insufficient information (Answers to II. C and/or II. Dare
Unknown)

B. Recommend Project Approval

_There has not been a recent shellfishing use (Answer to
II.D is No) and shellfishing is not a reasonably attainable
use according to Section III.

OR

_The entire area is irretrievably lost to shellfishing as a
result of the DHS policy or other irreversible man-inducted
impact (Answer to II. E is Yes)

C. Conditions to be included in permit (check appropriately)

__Pump-out Facilities
_Locked-head Policy
_No Transient Docking
No Live-aboards

_Only boats wlo heads

D. What additional information is required to make an informed
permit decision?

This analysis and recommendation has been prepared by the Wilmington Regional
Office.

This evaluatior of th~ l1ttainability of shellfish uses
of AIW/./ /I<J,.t 1 tJr:jL s~:II~.jI'.c...ul... is approved by:
13..., "~c:..

Water Quality Section tAN lo)J1}tr}
, I

j)(l.v:rl ~.C~hot-.

Director's Office

@2,

R. Paul Wilms
Director

/o.~

Date

in the waters in the vicinity

Date

Date

~' '\~~~\,~ .
,.. ',\ \.J> 0;. ~.~,
~ ~_tt>
Plme type ot p,;nt. C>tefully desCtibe' all ~~~J , . . iR'~beS'\lhe plan~ed use of the pmjeet. .

t'dp",ed devdopmem activities. includingco~c' ~\\c, . \l~' !~f.~r ~~: m ~~~~~~~:~" 1 " r
tlOn, excavatIOn, fdllng, paving, lan~ cleann~, and \,:.:'~'~'('..l ' ' ~. ':. )
stormwatcr control. If the requcstcd InfOmlatlon IS , \~)' ,,'t.'" 1
, 'N/A ( \,\ \~\
not relevant to your proJcct, write not ap- \\\-~ .' ~\,\ I
plicable). Items 1-4 and 8-9 must be completed :ti)r 't,\\.~' ,
all projects.

a.
b.
a. Name villas at Landfall Assoc. c
Addre~ PO Box 5368. c/o Scott Gilbert .

City Wilminqton State NC ) 1711 d.
Zip 28403 IDayphone (919 392-
X Landowner or Authori:ed agent
b. Project name (if any) Villas at Landfall
Associates
c. If the applicant is not the landowner, also give
the owner's name and address.
Same

i'T~ApPLicANT'
. .'C", . '.

""

2 LOCATION OF PROPOSED
PROJECT

a, Street address or secondary road number
North end of Summer Rest Rd.

b, City town~ community, or landmark
LandfalL at Wr1ghtsville Beach
c. County New Hanover
d, Is proposcd work within city limits or planning
jurisdiction? vpc:.: Npw Hrl nnvpr C'n,
e. Name of body of water nearest project
ATWW

3 DESCRIPTION AND PLANNED
USE OF_PROPOSED PROJECT

a, Describe all development activities you propose
((or example, building a !wl1le, motel, marina,
bulkhead, or pier).
630' X 6' fixed pier with float-
inq 8' X 500' dock for 47 slip
marina for residential subdivision
consistinq of 77 lots
I( you plan to build a marina, also complete
and attach Form DCM-MP-2, (attached)
b, Is the proposed activity maintenance of an ex-
isting project, new work, or both?
New work

c. \Xlill the project be (or community, private, or
commercial use?
Community dock for private sub-
division

4- LAND AND WATER
CHARACTERISTICS,"

. ...;

. . ~ .
t..".', .
- ..,_..(>:;~ ".: .
:,:':/t~,fl;:..#'~.~ '.-

Size of entire tract 20.15 acrp-s
Size of individual lot{s) + / - IS. 000 s _ f .
Elevation o( tract abovc mean sea level or Na-
tional Geodetic Vertical Datum+/- 20' MSL
Soil typc(s) and texturc(s) of tract
Lakeland fine sand
e. Vegetation on tract Bluff-oak/hickory;
Marsh-cordgrass & needlerush
Man-made (eatures now on tract Road for
new subdivision
g. What is the CAMA Land Use Plan Classifica-
tion of the site! (Consult the local land use
plan,)

f.

Conservation Transitional
Developed Community
Rural Other
h. How is the tract :oned by local government?
R-15 & R-20 PUD
How are adjacent waters classified! SA
Has a professional archaeological survey been
carried uut for the tract! Not in waters
If so, by whom! N / A

x

1.

J.

5 UPLAND DEVELOPMENT "

Complete this section i( the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed 10' X 40' steps
down bluff & 24' X 56' wooden
deck at base of bluff next to
h, Number of lots or p;lrcds 77 lots
c. Densit\' ((Jive the numher o( residential units
and th~' units per acre,) 77 lot PUD
approved by County
d, Si:e ()f area III he graded or disturbed N/ A

pier

e,

If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins, If applicable, has a
sedimentation and erosion control plan been
suhmitted tll the Division o( Land Resources!
"yes, to New Hanover Co.
C,ive the percentage of the tract within 75 feet
of mean high water to be covered by im-
penneable surfaces, such as pavement,
buildings, or rooftops. Less than 1 % (deck)

f.

h. If applicable, has a storm water management
plan been submitted to the Division of En- e.
vironmental Management?pending (density f.
Describe proposed sewage disposal and/or wastelimi tsg.
water treatment facilities. Cen tral sewer
collection system for development

g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. N / A

i.

j. Have these facilities received state or local
approval? Yes
k. Describe existing treatment facilities.
Connection into County sewer
system

I. Describe location and type of di~harges to
waters of the state (for examplersurface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down "). N / A

m. Water supply source C i t y s y stem
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach access ways or pro-
vide new access. N / A

o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? N / A

l';~~'6""-,~:lOO'" :'0"', '':'v:.''...,',..:'',: ;.0'->':"'"..;.\"'~ .-':f:FIE'~ """.m'!'~1;'i.:..;.;';:'
';1:' .:,:t, ,;' ','A:rrT~, ,';'^"''K~" " ~p:i:v"',:);"
-!"\'. .~'''" '; ~.Q;..\'.J. ..... ~~~.L.'.t., ~,:.+~,""r-;:5..~~
t"1'-"~'" ,..'A~"4''''. ",.~. -., ....'.r.;.. .,..,"{."...., ..,.
"'''''':''\'~r\ "'" "'noN"":'t~-",~:,.,~t,4~'~,,,,,,,,,,~,;~,,t-'
t.v.~i\tI4l . 1:1' "-'J." . ';\~~'.t'''(~'"'{;r"",,-''~~r.t-:I/~~,,,,::;;r.\~.{"
~~~~4~)~/~: \~\'.p'~'~' ~;...~,.~ ,;I:"~_"' "~';' ~ J,.':~" ~ '~'.~1'1~:'-:'~~;.$rt~~~';..1'~:.~~~~i<~.~~'~'::t:'

a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).

Length Width

Depth

Access channel
(ML W) or (NWL)

Boat basin

Other (break-
water, pier,
boat ramp,
rock jetty)

Fixed
630'

Floati
500

6 '

8 '

Fill placed in
wetland or below
MHW

Upland fill

b. Amount of material to be excavated from
below water level in cubic yards N / A
c. Type of material N / A
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? N / A
High ground excavation, in cubic yards N / A
Dimensions of spoil disposal area N / A
Location of spoil disposal area N I A

h. Do you claim title to the disposal area? N/ A

If not, attach a letter granting permission from
the owner.
I. Will a disposal area be available for future
maintenance? I N / A
If so. where? N / A
J. Does the disposal area include any marshland,
swampland,'or water areas? N / A
k. Will the fill material be placed below mean
high water? N I A
I. Amount of fill in cubic yards N / A
111. Type of fill material N/ A
n. Source of fill material N / A
0, Will fill material be placed on marsh or other
wetlands? N / A
p. Dimensions of the wetland to be filled --:-Ni-A-
q. How will excavated or fill material be kept on
site and erosion controlled? N / A

r. What type of construction equipment will be
used (for example. dragline, backhoe, or
hydraulic dredge)? Water lets; barqe
with pile driver

s. Will wetlands be crossed in transporting equip-
ment to the project site? YeS(f yes, explain
the steps that will be taken to lessen en-
vironmental impacts. The 6' side pier
will cross wetlands but will
be elevated and will start
construction at toe of bank and
work towards AIWW

7" SHQJ~;P~:.{$5r@,It~WJ@~1~~'

a. Length of bulkhead or riprap N I ~
h. Average distance waterward of mean high water
or nomlal water level N / P-
c. Shoreline erosion during preceding 12 months,
in feet N/ A
d, Type of hulk head material NI A
e. Amount of fill. in cubic yards, to be placed
below mean high water N / A
f. Type of fill material N / A

~"",,,-,,'..',;.,"-,""'~,', .,.,',.,;....., ,..;.,'~, e,.:t:~,'".).,':ri:~,', ~1"",,~"~"'l'-..:.,,"',' "~,' ...,-.,,.,",.,
8'''@n131tt1:0N'\.t.' u.~'1;10 '~c:.;N~J
~ ~_~.:~;:,l.; ~~r~::YW::.'~. .1 ~.: i'~! _' ~':. ~ ~. ~"1<~:',~,, r",. ..0. _ .:~:tt';.~~.... r {~~~

In addition to the completed application form, the
following items must be submitted:

A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the O\'1ner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.

An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Vz x II white paper. (Refer to Coastal
Resources Commission Rule 7J .0203 for a detailed
description.)

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. AmlY Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.

A storm water management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.

A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the pennit application to them by
registered or certified mail. This notification is re-
quired by G.s, II3-229(d),

Sou th Name
Address

James E. Toomer, Heirs
419 Summer Rest Rand
Wilmington, NC 2A403
Landfall Associates
P.o. Box 5365
Wilmington. NC 28403

North Name
Address

Name
Address

A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
N/A

A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.

A si~ed AEC hazard notice for projects in ocean-
front and inlet areas.

N/A

A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N,C.G.S. II3A-I to 10). MN/A

9 CERTIFICA TI(j~(ANb.?PERMfs.~,
SION TO ENTER ON;:'bAND';"::,:~~!,

'", . ~

Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions ;lI1d restrictions contained in the permit.

I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.

I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project,

This is the -1-4.t.~ day of-Augu~ t
(91D_,
/---j
X .," l-," ,-
Landowner or Authorized age'nt

Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.s. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM lltfice and addresses and phone numher.

Timher R: Land ;\bna~cITlcnt
CIlII.',U!l;I!lh. I ill'.
P. !), i;~:'; 1,:;1
Wilmil.g:'Jll. :\~; ~~;JO":-H71
~J 19-:H:1-U 17:!.

"

Form DCM-MP-2

MARINA
DEVELOPMENT

Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities must be included in application and work
plats.

~&it~-i;:;4A'ihT'i:~J!{~t\),h'!k~RmmiES'iiJF
'~~'r~~~.lr.~~~~~'~~.J:r~.#. ~-"ll_' ~.~,..~,,:t-.tl
..~,.~'!.t\-:4 ~'i,.::'~.l~'\.tf~7..:J '.f..:-',; i:.-"'~",.-f ..., - j; ~.-;~.. _',.t.'"f"~~ ~-._-..t,,1iJf:.,,!:_''''~-'''II!-~ ..~U .~~ t.#~l

a. Check below the type of marina proposed.
Commercial Public
X Residential
b. Will the marina be open to the general public?
No
c. If there is residential development associated
with the marina, how many units or lots are
planned? 77 lots (PUn)
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies
X Dockage ("wet slips") only
Number of slips 47
Dry storage
Number of boats
Boat ramp(s)
X Other (describe) 1 central pump
out facility
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
X Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types). 18 · - 2 6' motor boats
g. Typical boat length 2 (j- 2 4 ·
h. Maximum boat length 30'
I. Are any floating buildings planned? No
If so, describe. N/A

'0

,',:,".:~,;/,'t",~,:t.,",,',;,&=i., ~ "',,: -KT'..' ";~;;m. t,~",Ti,R, .,",:~,'~,'.~, \,.r~,~,'"H;,;r r."j,,' ',Y
~ _'7r." ':'-'-~~~)2.~~~~~~~ ".~~;~.!.< \.;':'t - -{",

a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
~_ Boat holding tank pumpol)t
Type and location Suct~on to sewer
system from central slip

b Describe treatment type and loqtion for all .
'. Commun~ty collect~on
sanitary wastewater.
to County sewer system

c. Describe solid waste, fish offal, and trash
disposal.Sllcti on syst~m to cle;ln out
-xhos~ f~w boats with h~ads or
r.lltty r.ahins
d. How \vill overboard discharge of sewage from
boats be controlled? No 1 i ve-aboards
p~rmitt~d and siz~ restricted
to small hoats l~ss than 10'
l~ngth_ Clos~d head policy in
prop~rty own~rs by-laws with signs
e. Give the location and number of "No Sewage pos ted
Dischargc" signs proposcd. Two signs to
b~ post~d 10' north and south
of r.entral pump out station
~s 1i p).
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petrolcum pro-
ducts. N / A

g. Where will rt'sidue be disposed of?
N/A

h. Give the number of channel markers and "No
Wake" signs proposcd. NI A

Note: Regulatory signs such as these require ad.
ditional approval by the N.C. Wildlife
Resources Commission.

'.

...J " .

i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. N / A

J. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts. Open water marina
parallel to AIWW

k. What will be the marina policy on overnight
and live-board dockage? None
allowable

I. Is the proposed marina located near any
shellfish leases? No If so, give the name and
address of the leaseholder. N/ A

m. If this project is an expansion of an existing
marina, what types of services are currently
provided? N/ A

n. How many slips are now available? N / A

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AUG 7 JOA'

VILLAS AT LANDFALL

BOUNDARY DESCRIPTION

OFF'!cr OF CO^STfd. Mf',NAGI:MfNl
\:,iU;:;W:;TG:\! R[(i\[);;i\L G~riCE

Beginning at a stone monument labelled "S.W. " said monument
,
being at coordinate N-175,263.32, E-2,358,269.77 on the North
Carolina Grid System, and running thence:
North 110 13' 04" East, 65.44 feet to a point; thence,
North 310 45' 21 East, 210.00 feet to a point; thence,
South 580 34' 46" East, 121.04 feet to a point; thence,
South 530 10' 53" East, 485.90 feet to a point; thence,
South 670 11' 39" East, 57.00 feet to a point; thence,
South 74c 33' 11" East, 60.00 feet to a point; thence,
North 63('> 01' 58" East, 256.78 feet to a point; thence,
North 52' 22' 24" East, 189.91 feet to a point; thence,
South 46c 47' 06" East, 502.00 feet to a point; thence,

North 480 16' 14" East,
South 56~ 49' 59" East,
boundary, thence,
South 42~ 46' 15" West, 110.82 feet to a
So u t h 48 ( 32' 45" We s t , 224 . 1 7 fee t to a
South 48~ 16' 14" West, 351.20 feet to a
"S.W.", thence leaving the marshlands
North 560 50' 00" West, 415.53 feet to a
"S.W.", thence,
o
South 51 34' 37" West,
"S.W.; thence;
North 380 36' 39" West, 1006.54 feet to the
beginning, containing 20.157 acres more

46.03 feet to a point; thence,
237.97 feet to a point on the marshlands

point; thence,
point; thence,
stone monument
boundary,
stone monument

labelled

labelled

292.47 feet to a stone monument labelled

point and place of
or less.

BEING a tract of land to be developed for patio homes as part of
the Landfall - Phase I subdivision.

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. Applicant's name Villas at Landfall Association, (J. P. Goforth)

2. Location of project site North of Wrightsville Beach bridge on west side of
AIWW - Landfall Subdivision - New Hanover County - Photo 18 - 228
Grid O,P,Q-18

3.

Investigation type: Dredge & Fill

no

CAHA

yes

4. Investigative procedure: (A) Dates of site visit 7-28-87
(B) Was applicant present yes agent

5.

Processing procedure:

Application received CC 8-25-87

Office WiRO

6.

Site description:

(A) Local Land Use Plan Wilmington - New Hanover
Land Classification from LUP Resource Protection
Development constraints identified in LUP none for
proiects of this nature.

(B) AEC(s) involved:

Ocean Hazard
Coastal Wetlands x
Estuarine Waters x

Estuarine Shoreline
Public Trust Waters
Other

x
x

(C) Water dependent:

Yes

x

No

Other

(n) Intended use:

Public

Private

x

COImlCrcial

(E) Type of waste water treatment: Existing N/A
Planned County system

(F) Type of structures: Existing N/A
Planned 47 slip boat dock - 77 residential structures

(G) Estimated annual rate of erosion N/A

Source

7.

Habitat description:

Dredged

AREA
Filled

Other

(A) Vegetated wetlands:
Marsh crossed by pier
(B) Non-vegetated wetlands:
Open water covered by
pier
(e) Other:
High g-round developed
(D) Total Area Disturbed:

Appx. 3,360 s. f.
Appx. 15,480 s.f.

(Appx. 20,15 ac)
Appx. 18,840 s.f.

8. Project Summary The applicant propose to build a 47 slip boat dock to provide
access for a 77 lot subdivision.

...) ....

..

'.

Villas at Landfall Association
Page 2

9. PROJECT DESCRIPTION

The project will be located within the complex known as Landfall Subdivision.
This 20.15 acre parcel has been divided out from the original plan and will
now be developed using PUD guidelines. This property is typical of that within
the general area adjacent to the AIWW. There is a significant bluff which
leads down from the high ground to the upper limit of "404" wetlands and
coastal wetlands. There is a significant border of Spartina alterniflora marsh
along the shoreline of the property. The border measures between approximately
500' to 550'wide. An irregularly shaped slough bisects the marsh into two
uneven portions (see sheet 3 of 3). The shoreline of the property is
approximately 660 liner feet. The waters are classified as SA closed and are a
secondary nursery area.

The applicants propose to construct a fixed pier with floating dock to provide
for boat access for a proposed 77 lot subdivision. The dimensions of'the pier
will be approximately 630' long x 6' wide. The floating dock will be
approximately 8' wide x 500' long. With tie-pilings the effective width will
be increased to approximately 30'. A 200 sf gazebo will be added to the pier
as it crosses a portion of the slough. Also a 24' x 56' elevated deck will be
built at the landward end of the pier above the "404" wetland limit. A holding
tank pumpout facility will also be added to the pier.

10. ANTICIPATED IMPACTS

The project will provide access for a portion of these lots within the
subdivision. The pump out should limit the possibility of an over board
discharge of treated or untreated wastewater. Based on the shoreline length
there is 18,090 s.f. available for docking area. The project utilizes
approximately 15,000 s.f. with the floating dock design. The portion of the
pier adjacent to the gazebo area should have a raised span to allow for boat use
in the upper arm of the slough.

Submitted EY: C. Robert Stroud, Jr. Date: September 16, 1987 Office: Wilmington

October 19, 1987

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DEPARTMENT OF THE ARMY
\'IILMINGTOI~ C>S1RICT, CORPS OF EIIGI/IEERS
?,O, BOX le:-)

NIL'.~U.GTO~\. .'IORi'H Ct~FC:...~~,'A 2":.402.j2),J

IN PEPlY REFER TO

Regulatory Branch

SUBJECT: File No. SAWC087-~~-065-0512

Mr. John Parker
Di~ision of Coastal Hanagecent
Harth Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687 ~
Raleigh, North Carolina 21611-7687

Dear Mr. Parker:

Reference the application of Villas at Landfall Association,
represented by Mr. Scott Gilbert, for a Department of the Arcy
peroit to construct a pier vith floating docks on the Atlantic
Intracoastal Waterway (AIW) , near ilrightsville Beach, New Hanover
County, North Carolina.

Forty-seven boat slips are proposed, for vessels 30-foot-Iong
and shorter, to accommodate residents of villas to be constructed
on seventy-seven upland lots. Vessels would be coored
approximately 85 feet froQ the near edge of the 9o-foot~ide,
Federally-maintained AIWW channel.

Our experience discloses that it is impractical to locate
residential marinas so near the AI~V channel. We are aW'are of
several such facilities, 'so:::.e located even~' farthcr from the 1\
channel, that have been virtually abandoned because of damaging
wakes .from comoercial toW's and large vessels. 'The only situation
which would oake the proposed facility acceptable to the users
would be the establishment of a corresponding wno wakew zone.

Our longstanding policy regarding "no wake" zones W'ithin the
channel of the AIWw is that restrictions of vessel speed is an
unreasonable interference with navigation; and therefore, we
oppose establishing such zones. Congress approved the excavation
and maintenance of the An.ll channel because ofi ::s benefits as a
comcercial route, and "no ~akew zones negate these benefits.

-2-

r

Because the proposed residential marina would be impractical
without a corresponding "no wake" zone, we recommend that Coastal
Area Management Act (CAMA) authorization be denied.

Questions or co~ents may be addressed to Mr. Hugh Heine,
telephone [phone].

Sincerely,

Charles W. Hollis
Chief, Regulatory Branch

Copies Furnished:

,(t

Mr. William Mills
Water Quality Section
Div~ion of Environcental
~Hanagecent
North Carolina Department of
, Natural Resources and
Cocmunity Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

Ms. Beverly Etheridge, Chief
lletlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

Ms. L. K. (Hike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

Mr. C. Robert Stroud
Uilcington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Uilcington, North Carolina 28403

Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P,O, BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890

Septe~ber 1, 1987

RECEIVED

IN REPLY REFEFl TO
Regulatory Branch

SEP b '8 1987
WATER QUALITY SECTION
OPERATIONS BRANCH

SUBJECT: File No. SAWC087-N-065-0512

Mr. Scott Gilbert
Villas at Landfall Association
Post Office Box 5368
Wilmington, North Carolina 28403

Dear Mr. Gilbert:

On February 6, 1986, we renewed general permit No. SA\-lC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.

A review of your application received August 27, 1987, for a
Department of the Army permit to construct a pier with floating
docks on the Atlantic Intracoastal Haterway (AHlW) to provide a
47-slip marina facility supporting residential development, near
Hrightsville Beach, New Hanover 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 written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.

Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC087-N-065-0512 and will be
coordinated by Mr. Hugh Heine. He is available to address
questions or comments you may have at telephone [phone].

Sincerely,

Charles W. Hollis
Chief, Regulatory Branch

Enclosure

-2-

Copies Furnished (without enclosure):

Mr. John Parker
Division of Coastal l1anagement
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

Mr. William Mills
Water Quality Section
!DiviSion of Environmental
Hanagement
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

Mr. Randy Cheek
National Mariue Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

"

Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

Mr. Robert L. Moul
Timber and Lauu Management
Consultants, Incorporated
Post Office Box 1471
Wilmington, North Carolina 28402

------ --. ~

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611

James G, Martin, Governor
S. Thomas Rhodes, Secretary

David \VI. Owens
Director

September 25, 1987

Hr. Charles L. Holliday, Deputy Director
State Building Div.-State Property Office
Department of Administration
Raleigh, North Carolina 27611

Dear Hr. Holliday:

The attached copy of an application submitted by:

Villas at Landfall Associations
Applicant's Name

North at Wrightsville Bch. bridge
Location of Project

NevI Hanover
County

~

for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CANA major
development permit...

for a CAHA major development permit (only) ...

. .. is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.

Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 10/16/87

Sincerely,

~\fb~~i~f

Najor Permits Processing Section

JRP:ap:2480

Po. Box 27687, Ra1cib'", North Carolina 27611-7687 Telephone [phone]

A'1 EqU,ll Opponunif\' :\illrm,l:1\<' ,.'..ctll;n Fmplo\'t'r