19990512 Ver 1_Emails_20130123

23 January 2013
Joanne Steenhuis
NC Division of Water Quality
127 N Cardinal Drive
Wilmington, NC 28405
RE: Hardesty Farms Community Boat Ramp Access Relocation, Newport
NC DWQ Project # 1999 0512 V2
Plan Modification
Dear Joanne,
Thank you for your comments regarding the above - referenced CAMA permit application. The
proposed driveway alignment has been redesigned to minimize wetland impacts and to address
the DWQ's comments. Specifically, the requested information is provided below. Revised permit
application plans, which were previously forwarded, and revised application forms are also
included.
1) The applicants' preferred design was to completely relocate the driveway off Lot 17
so that the lot was unencumbered by the boat ramp access for improved
marketability. The current owner purchased the property with lots platted and
recorded in the existing configuration. Septic systems had been approved on Lots 16
and 17 with required setbacks off the side property lines. Reconfiguration of the lots
was not preferred due to the impact on these systems and the associated setback
requirements. However, to further reduce wetland impacts and to completely
eliminate any coastal marsh impact, the driveway has been redesigned along the lot
line between the common area and Lot 17. If approved, an access easement would
be created and recorded for the driveway. Total wetland impacts with the revised
alignment would be 0.09 -ac and coastal marsh impact is eliminated.
2) Because the common area is accessed from the end of a cul -de -sac and because a
large turn around area is not proposed at the waterward end to minimize wetland
impacts, turning of vehicles must be done at the cul -de -sac. The trailer must be
backed into the lot from the end of the cul -de -sac and then turned at almost a ninety
degree angle to run down the western property line where the driveway is now
proposed. A 40' -wide radius was used as a standard for a small trailer boat and
vehicle and will likely be a tight turning radius for this particular configuration. The
driveway itself is shown as slightly wider than 12' just south of the turning area to
allow for a little more room to straighten the trailer /vehicle after turning. The driveway
then narrows to a 12' width. The original site plan showed the driveway aligned to
the east more, giving a more gentle turning radius off the cul -de -sac. With the
driveway now located to abut the western property line, the turning radius is even
more critical and 40' is thought to be a minimal radius.

3) All wetlands west of the relocated driveway have been included in the revised 0.09 -
ac impact total. It is noted that with relocation of the driveway to the lot line, less
wetland is left disconnected.
4) The application forms have been modified to clarify the access drive to be earthen
and grassed.
5) With the revised plans, up to 150 -Ift of retaining wall may be constructed on the
eastern side as needed. The applicants have indicated they do not intend to raise
the driveway more than a foot or two above the adjacent, existing wetland grade.
With such a slight change in elevation, side slopes would be very minimal and would
range between 2' and 4' wide. Cost of constructing a retaining wall along the length
of the driveway was thought to be excessive when side slopes are so minimal. Side
slopes have been shown on the eastern side, where all wetland would have been
considered impacted either directly or indirectly. During construction, if elevations
allow the driving surface and 2:1 side slopes to be constructed within the impact
footprint shown, the retaining wall along the eastern side will not be constructed. If
greater elevation changes require, a retaining wall will be constructed along this
section.
6) Relocating the lot lines was not considered practicable because it would have
impacted approved waste treatment systems for the adjacent residential lots. Septic
permits for Lots 17 and 16 specify that systems be located in suitable areas at the
front of the lots near Shellbank Road. The approved system for Lot 17 is required to
be 10' off the western property line, has a 30' wide system (80' long), and specifies a
12' wide drive for the lot on the eastern side. This leaves only 5' of space between
the drive and the eastern lot line near the road. Even if the lot line between Lots 16
and 17 was also reconfigured, there is only approximately 20' of width not needed for
the systems and drives between the two lots. These systems were apparently
approved under exemption allowances since the lots were platted around 1987. If
new lot lines were to be platted, any previous exemption allowances would be lost.
New system requirements are expected to require considerably more space, and it is
unknown whether additional areas of suitable soil are available. Not only might this
be counterproductive to gaining more space for the boat ramp access, but it also may
result in the loss of a lot. With the boat ramp access now proposed along the center
of the lot line between Lot 17 and the common area, and with coastal marsh impact
and the adjacent transitional /slope wetland minimized, the cost and potential loss of
space resulting from re- platting lots was not considered feasible.
Rights to access and use water - dependent structures on the common area are
clearly outlined in the subdivision's restrictive covenants. The boat ramp was
permitted by the previous owner /developer, and although the covenants reference a
boat dock, the boat ramp is the only remaining water - dependent structure on the
common area. The current owner of un- purchased lots (applicant) is trying to
maintain access to that structure and respect the intent of the covenants. The
applicant wishes to maintain an access to the structure for any current and future lot
owners who may wish to use the ramp. The applicant will maintain the structure as
needed, but once transferred to the HOA, the HOA may make any changes its
majority prefers. However, at this time, the applicant is attempting to respect and
honor previous commitments made to lot owners.
7) In addition to the original permit, authorization for replacement of the boat ramp was
also obtained in approximately 1999 by the previous owner. Any repair work that
may be needed now, such as replacing decking on the elevated wooden ramp, may
meet requirements of the maintenance and repair exemption of the CAMA. In case

the repairs do not meet the maintenance and repair exemption, permission to repair
the boat ramp in its current footprint as shown on the enclosed site plans and as
previously permitted by CAMA is requested as part of this application. By way of this
letter, labels on the site plans and notation in the application forms, permission to
maintain the boat ramp in its current footprint, dimension and elevation is requested.
Thank you again for your assistance in this application process. If you have any additional
comments or would like to discuss the proposed revisions, please feel free to contact me at your
convenience.
Sincerely,
Via....
Laura Stasavich
agent, Land Management Group
cc: Mr. Dave Timpy, US ACOE, Wilmington
Mr. Jonathan Howell, NC DCM, Morehead City
Mr. Wiley Jones, Shellbank Inc.
www.lmgroup.net • info @lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403