20051620 Ver 1_Complete File_20050823

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Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division ofWaler Quality

September 27, 2005

DWQ Project #051620
Onslow County

Mr. William Scheick
TBF Properties, LLC
1020 Dickinson Circle
Raleigh, NC 27612

Subject Property:

17 Osprey Drive, North Topsail Beach
Rock Sill Shoreline Stabilization Project

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Scheick:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 618 square feet (0.014 acres) of open water (shallow bottom habitat) for the
purpose of constructing a rock sill and planting Spartina alterniflora for shoreline stabilization at the
subject property, as descri~ed within your application dated May 30, 2005 and received by the N.C.
Division of Water Quality (DWQ) on August 22,2005. After reviewing your application, we have
decided that General Water Quality Certification Number 3400 (WQC3400) covers the impacts. The
Certification(s) allows you to use the CAMA Major Permit when issued by the NC Division of Coastal
Management. In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge, and NPDES Stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application, If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
404/CAMA Wetlands N/A (acres)

North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877 -623-674-8
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h20.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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TBF Properties, LLC ~
Page 2 of3
S'Pt'mb'<27.2005' '.

I \Vaters
I Buffers

Sections A-A' and B-B'

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-mmed or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance \\ith the requirements of the Sedimentation Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind 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.

4. No Sediment & Erosion Control Measures win Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Di~ision of Land Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved \vithin the 40 1 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401AVetlands Unit, North Carolina Division of Water Quality,
1650 Mail Senice Center, Raleigh, NC, 27699-1650.

6. Silt Curtains

Silt curtains must be installed around the project area during fill and planting activities in open
water.

TBF Properties, LLC
Page 3 00
September 27,2005

Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, which conforms 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 Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please call Noelle Lutheran in the DWQ Wilmington Regional Office at
910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.

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Alan W. Klimek, P.E., Director
Division of Water Quality

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Enclosures:

WQC 3400
Certificate of Completion

~~@~DW~@

SEP a'v 2005

cc: Tracey Scrabal, NC Coastal Federation
Henry Wicker, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (file copy)
Ian McMillan, 401 Oversight Unit
Doug Huggett, DCM Morehead City
Central Files .

WI:Tr ~.~.t!R . WATER QUALITY
"""!.IVl\R) AND STORMWATER BRANcH

Filename: 051620.sep

THIS IS NOT
A CAMA PERMIT

THIS IS NOT

CAMA PERMIT CERTIFICATION A CAMA PERMIT

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)

WQC #3400

This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1,2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.

The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.

Conditions of Certification:

1. Activities authorized by CAMA major permits require written concu~rence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;

2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;

3. In accordance with North Carolina General Statute Section 143-21o.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;

4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the ''Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;

wac #3400

5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;

6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 2B.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;

7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;

8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;

9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all .
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliClnce with
the appropriate turbidity water quality standard;

10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;

11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;

12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;

13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.

Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.

2

WQC #3400

The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.

Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.

Effective date: March 2003

DIVISION OF WATER QUALITY

By

Alan W. Klimek

Director

WQC # 3400

3

. /

Certification of Completion

DWQ Project No.:

County:

Applicant:

Project Name:

Date ofIssuance ofIsolated Wetland Permit:

Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.

Applicant's Certification

I, , hereby state that, to the best of my abilities, due care and diligence was .
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.

Signature:

Date:

Agent's Certification

I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.

Signature:

Date:

If this project was designed by a Certified Professional

I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.

Signature:

Registration No.

Date

401 permit issued

Subject: 401 permit issued
From: Patricia Collins <[e-mail]>
Date: Wed, 28 Sep 200509:06:12 -0400
To: [e-mail], Doug Huggett <[e-mail]>, Ian
McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>

The following permit has been issued from the Wilmington, NC regional office of DENR:

NC Coastal Federation/NC Sea Grant c/o TBF Properties, LLC
DWQ#: 2005 1620
Onslow County

patricia Collins
Administrative Assistant

N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina

Phone: [phone]
Fax: [phone]

1 of 1 9/28/2005 2:36 PM

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AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary

August 18, 2005

20051620

MEMORANDUM:

FROM:

Doug Huggett
Major Permits Processing Coordinator

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TO:

Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality

SUBJECT: CAMA/DREDGE & FILL Permit Application Review

Applicant: NC Coastal Federation 1 NC Sea Grant c/o TBF Properties, LLC

Project Location: Onslow County: adjacent to Alligator Bay within the Crystal Shores SID on the
north side of North Topsail Beach.

Proposed Project: The applicant proposes to construct a stone sill intended to attenuate the energy and
allow for the survival of the existing coastal marsh, and to plant coastal marsh
species to mitigate for the loss that has occurred naturally. Fill is also proposed.

Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 1, 2005. If you have any questions regarding the proposed project, please contact Tere Barrett at
[phone]. When appropriate, in-depth comments with supporting data are 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
incOlporated. See attached.

_ This agency objects to the project for reasons described in the attached comments.

SIGNED

DATE

400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Fnll::ll Onnl1rtlrnitv \ Affirm::ltivp Artil1n FmnlnvPr _ &;0% R"rvrl"r! \ 10% PI1~t r.l1n~lIm"r P::lnpr

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NCDENR

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary

MEMORANDUM:

DATE: August 17,2005

TO: Doug Huggett
Review Agencies

FROM: T. Barrett~~

SUBJECT: Modification to State Permit #42-00, Issued to the NC Coastal
Federation and NC Sea Grant

Please find the attached request received August 08, 2005, for a modification to
the aforementioned CAMA Major Permit. As you may recall, this permit was
issued on March 22, 2000 as a blanket authorization to allow for the installation of
"experimental" shoreline stabilization projects. The intent is to document the
effectiveness of these methods over the traditional vertical bulkhead. A brief
description of the current proposal and site characteristics follows:

APPLICANT:

TBF Properties, LLC
C/o Mr. William Scheick
Site location - Adjacent to Alligator Bay at 17 Osprey Drive in North
Topsail Beach, Onslow County.

SITE CHARACTERISTICS:

Water Quality - SA-ORW
Shellfish - Open
PNA - No
land Use Plan Classification - Conservation
2000 Photo 28-386, Grid 9-0
Rover#P072814A

The project is a residential lot within a new subdivision called Crystal Shores, located
adjacent to Alligator Bay on the north side of North Topsail Beach. This subdivision was
developed on a small estuarine island connected by a bridge to the main road (SR
1568) on North Topsail Beach, approximately 2500' to the east of the town hall facilities.
The specific lot is owned by TBF, LLC, with the principle agent being Mr. William
Scheick, and lies directly north of the community pier and dock. The property has
recently been disturbed in its entirety for grading and residential construction. The
applicant constructed a portion of this proposed sill, approximately 80', under a CAMA
General Permit.

400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Page 02
NCCF/NCWRC
TBF, LLC, c/o Mr. William Scheick
August 17, 2005

An 18"+/- escarpment was created adjacent to the landward marsh edge by the filling of the
-." lot for the construction of the residence. I
I Waterward of this escarpment is a fringe 'of
coastal wetlands ranging from 6' to 30' inlwidth.
Predominant species are Spartina cvnosuroides,
Scirpus~, Tvpha latifolia, and to the northwest
side Spartina alterniflora. Baccharis halimifolia
lines the upper edge of the wetlands. The marsh
escarpment along the waterward edge is I
approximately 6", indicating an erosion oflthe
wetlands. ,

-"-

PROPOSAL:

The
substrate
in the project area is sandy; there are no visible
shellfish indicators, and no SA Vs present.

The proposal is to continue the marsh sill eastward in
line with the existing sill to finish the project. The
applicant proposes to construct a stone (granite) sill
intended to attenuate the energy and allow for the survival of the existing coastal marsh, and
to plant coastal marsh species to mitigate for the loss that has occurred naturally. Fill: is
proposed with this marsh sill project. I
I
The proposed sill will be approximately 62' in length, with a bottom width of 8' abutting the
existing sill, narrowing to 6' wide at its terminus. At the terminus/property line the rocl< will abut
the marsh along the shoreline and will lay approximately 2' to 5' inside of the escarpm1ent of a
small marsh island vegetated with Spartina alterniflora. The top height of the sill will be +2' to
+2.3' above nlw, which is approximately the same distance above substrate. Side slopes will
be 1.5:1. When finished, the total length of the sill will be 142', with a 5' "drop-down" area at
the abutment of the existing and new sill, and a tapering at the north terminus.

The average distance of the waterward toe of the rock from the nhw contour of the shoreline
will be approximately 12' I or 15' average from the existing escarpment. At its most w~terward
distance, the rock will be located approximately 20' waterward of the nhw contour. I

The area landward of the sill, from 3' to 10' in width, 95' in length, and approximately l' in
depth, will be filled with clean sand for planting native coastal marsh species. Successful
colonization of the new coastal marsh will necessitate the placement of 130i cubic yards of
sand within this 618 sf area, to bring the substrate level to that of adjacent marsh elevations.
. . I I
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Page 02
NCCF/NCWRC
TSF, LLC, c/o Mr. William Scheick
August 17, 2005

An 18"+/- escarpment was created adjacent to the landward marsh edge by the filling of the
lot for the construction of the residence.
Waterward of this escarpment is a fringe of
coastal wetlands ranging from 6' to 30' in width.
Predominant species are Spartina cvnosuroides,
Scirpus gm, Tvpha latifolia, and to the northwest
side Spartina alterniflora. Saccharis halimifolia
lines the upper edge of the wetlands. The marsh
escarpment along the waterward edge is
approximately 6", indicating an erosion of the
.. wetlands.
.--

.-
--.

The
substrate
in the project area is sandy; there are no visible
shellfish indicators, and no SA Vs present.

PROPOSAL:

Proposed rock
extension

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The proposal is to continue the marsh sill eastward in
line with the existing sill to finish the project. The
applicant proposes to construct a stone (granite) sill
intended to attenuate the energy and allow for the survival of the existing coastal marsh, and
to plant coastal marsh species to mitigate for the loss that has occurred naturally. Fill is
proposed with this marsh sill project.

....~;J
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. .~-~

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The proposed sill will be approximately 62' in length, with a bottom width of 8' abutting the
existing sill, narrowing to 6' wide at its terminus. At the terminus/property line the rock will abut
the marsh along the shoreline and will lay approximately 2' to 5' inside of the escarpment of a
small marsh island vegetated with Spartina alterniflora. The top height of the sill will be +2' to
+2.3' above nlw, which is approximately the same distance above substrate. Side slopes will
be 1.5:1. When finished, the total length of the sill will be 142', with a 5' "drop-down" area at
the abutment of the existing and new sill, and a tapering at the north terminus.

The average distance of the waterward toe of the rock from the nhw contour of the shoreline
will be approximately 12', or 15' average from the existing escarpment. At its most waterward
distance, the rock will be located approximately 20' waterward of the nhw contour.

The area landward of the sill, from 3' to 10' in width, 95' in length, and approximately l' in
depth, will be filled with clean sand for planting native coastal marsh species. Successful
colonization of the new coastal marsh will necessitate the placement of 130 cubic yards of
sand within this 618 sf area, to bring the substrate level to that of adjacent marsh elevations.

I
Page 03
NCCF/NCWRC
TBF, LLC, c/o Mr. William Scheick
August 17,2005

POTENTIAL IMPACTS:

Direct impacts will be from the loss of public trust area and shallow bottom habitat between the
nhw contour and the sill in the amount of approximately 618 sf. Additionally, the sill itself will
fill approximately 434 sf of this same habitat. Presently, there exists about a 10' area with
limited potential for navigation between the marsh on the applicant's shoreline and the small
marsh island. This will be removed with the placement of the rock, but the design has allowed
for a minimum of 2' between the sill and the marsh island to remain open for movement of
aquatic species. Turbidity may be an issue with the use of fill in the open water, but should be
'reduced by the use of turbidity curtains, timing of sand placement, and the type of fill
proposed.

******* Please see the field report dated December 23, 1999, associated with permit
#42-00, for additional information. Included in that report were standard conditions to
be incorporated into all 30 of these modifications. For any additional precautions or
conditions you feel should be included, please comment directly to Doug Huggett.

cc: Ted Tyndall, DCM

North Carolina
Coastal Federation

NCCF Headquarters: 3609 Highway 24 (Ocean) · Newport, NC 28570
Wilmington Field Office: 131 Racine Drive, Suite 101 . Wilmington, NC 28403

Mr. Jim Gregson
Ms. T ere Barrett
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845

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August 3, 2005

RE: Permit Application for Mr. Bill Scheick for Modification of Major CAMA Permit
42-00 for Stone Sills

Dear Jim and Tere:

In accordance with my conversation with Tere last week about the proposed sill
project, attached please find a modified site plan and section view drawing for the
application for Mr. Bill Scheick's stone sill, to be located at 17 Osprey Drive in North
Topsail Beach.

As we discussed, I have modified the plans to reflect the actual location of the
existing coastal marsh fringe and marsh island/spit. In addition, I have modified the
proposed sill dimensions, which will be tapered to reduce the proposed size from 8.0'
base width adjacent to the existing sill to 6.5' at the property boundary and in the vicinity
of the existing marsh island/spit. The section views also reflect the tapering in crest
elevation that will accompany this reduction in sill size. This modification will be
effective in reducing the potential adverse impacts to the existing marsh island/spit, but
will provide adequate erosion protection of the marsh and upland in this area.

If you have any questions about this application or proposed design, please do not
hesitate to contact me at [phone].

Thank you very much for your review of this project.

cc: W. Scheick

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NCCF Headquarters Phone: [phone] 'Fax: [phone] . Email: [e-mail] 'Website:l\''Nw.nccoaSl.org
Wilmington Field Office Phone: [phone] . Fax: [phone]
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North Carolina
Coastal Federation

REceIVED
oeM WILMINGTON. NO
JUN 2 8 Z005

N(Cf Hedqllnn: 3609 Hlahwoy 24 (Ocaan) · NewpolT, Ne 28570
WHm!ll;ron fJtld Office: 131 RacIne Drfva. Sulr.10I · WUmJ"gtDn. He 28-403

Mr. Jim Gregson
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845

June 23. 2005

RE: Pennit Application for Mr. BilJ Scheick tor Modification of Major CAMA Permit
42-00 for Stone Sills

Dear Mr. Gregson:

Attached please find the application for Mr. ~:!! Scheick's stone sill, to be located
at 17 Osprey Drive in Nonh Topsail Beach, Given the nature of Mr. Scheic:k's project
and his past conversations with NCDCM stat!, you had recommended that Mr. Scheick
be allowed to submit his project as a modification to the existing Major CAMA permit
42-00, issued to the NCCF and NC Sea Grant for up to 30 sill projects. After review of
this project, I would agree that it meets the requirements for approval under this permit.
It is my understanding that this approval would cover the existing and proposed sections
of the sill project.

If you have any questions about this application or proposed design, please do not
hesitate to contact me at [phone]. Mr. Scheick will mail a check for $100 to your
office directly.

Thank you very much for your review of this project.

/
Tracy E. SkrlflaJ
Senior Staff Scientist

cc: W. Scheick

"Cirizc'll\ WO/AI11X hJsalto 1-.'1 .-\ fIt'lrlrh} (LJjr'f'
NCeF Haadquaml1 Pho~; 252.393.8185 . Fox; 252.393.7508 . Emall: [e-mail] · WebsllDI W\ruccDQS1.org
Wilrninglon fjold Offjca PhDne; 910-790.3275 . fall 910.790.9a13
,~

'005 13: 33 From:

To:4

P.3

June 9, 200S

REceIVED
oeM WILMINGTON, NC
JUN 2 8 2005

Ms. Tracy E Skrabal
Senior Scientist
North Carolina Constol Federa.tion
131 Racine Dr. Suite 101
Wllminglon, NC 28403

Dear Tracy,

Enclosed is the CAMA application package that includes signed fonns DCM.MPl and 2,
the shoreline drawing with sill Ctoss-sectiono.l view prepared by Parker & Associates,
certified notice letters sent to the abutting property owners and a copy of the green cards
showing th~ cc:rtitie;:d l<:tters were received.

I wasn't clear if this specific application required a copy of the deed (MPl #5 Additional
Information) so decided to include it to avoid any more delays.

Hopefully this is nll you need from me in order to make the submittal to Jim Gregson.

I would appreciate getting an estimate of how long you think the npprovtU process will
take and when I might be able to start installing the remainder of the riprap so I can
schedule time with David Struchal to perfonn this work.

Thanks agnin for 011 you help getting me to this point and the guidance yet to come.

Yours truly,
TBF PROPERTIES LLC

/cI ~~ ./j ch~<:/

William H. Scheick, Manager

?2:(S 13: 33 From:

.'

~.-

Form DCM.MP-l

To:4

P.4

<>o~ ~~
~O~
tlU \~ ",,"
q.,. .? ~G'~ ~O
c9 011
/t?l.'f . 1'0

APPLICATION

ero be eompJeled b)'11I appUcants)

1. APPLICANT

L l.&Ddowner:
NamlS 78,' ~dP~7/es L~ c
Addr~ /tP2o j)UJl.'l.AJ$(}W4J C/~C'lt!:.
City /iA.t.l?7t:'// State Ale
Zip 2,76'/~ DIY Phone 1/101 RYV..t::?~S~
FiX 91'1' .F~"" 85'7/
b. Authorized Aaent:
Nama Ii/~~;~ AI SC#.!f/ck

Addrcu /"J.t) /)ICk/~O~ C/~('iiJ.

eft)' ,PAzc-'Gf./

Swe t! c

Zip :17//f Day Phono 1'/1' "fly -~s5
Fax 'fIr - 87'y-Ep;t?/

c, Project name (If IDY)

NCJ'm.. ~ will bw inMM fA __ qf--~r(I), rnl/w
~fiI_.

2. LOCATION OF PROPOSED
PROJECT

a. County t1NS~efvJ

..,.. &1IM

b, Cky, COWD, community or landmark
,}f,IJnl7iJhRt,:. Ac7f~1I

c. su.lddrtll or .lCODdary told number . \
.~ . -L? ~S~A~ JJAIV~ (';CI-r~tV
d. II proposed wort wtdlln clly Ilmhl or plunln&
j\lriadlcdon1 ')( y~ _ No

a. Name of body of water DW'III project ('.i, river,
creek. aound, bay) r"(t/h~ S"'.? t/AV
Au 16~ 1J.'ty

3. DESCRIPl10N AND PLANNED USE
OF PROPOSED PROJECT

a. Lilt all development actlvltJ~ you propole (0.,.
buDdln&. borne, motel, marlct, bulkhead, pier, IDd
UCIVItXxl and/or fUllfla aalvltlel.

,f/ltl~.cVN~ ~,.~'/2,ff'J,p.) JII/'?..I~
R//~ 1fA-~

b. II me propo.ed acitvll')' malnteDinco of an alnlDl
~Joc;:, Dew work. or both, Cij(~'" ,A/sN

c. Will ttll) proJoc:t be for publiCI private or ~mmerelaJ
use' /~(r~

d. Give. brief dllCffptloc of putpOIC, use, memod. of
cozsauuctloa aDd d&lly opcntIOQJ of propo.ed
project. If more Ipace lJ Del!lded, pleau mach
-.iditioDl! PIa-.

1"'2 ~ t"Prs"s// ~A'~"n- .tf~M -
IN~m-z~ ~~Aj~ ':rAL..,u.~,1A.Ji:' /e.vs
:l~ 1:f~.Jt.;~,-~ AI~C:-A "')'ZS It.~r:..
M41U'),I /'P.JtJ 6""(7.It1" s:~ r;

105 13: 33 From:
,

Form DCM-MP-1

4. LAND AND WATER
CHARACTERISTICS

I. Size ot entire trlet

~ fj Ilea

b. Size of Indlvld,," lot(l)
c. Appro.imate elevation of tract above MHW or
NWL +' .;;r
d. Soil type(s) and te1ture(s} of tract
5~/}Y

c. Vcaetatlon on trl't =. :v~~
~A.Jo/ AJptfT' --t!t___ -~~~~
i(/frr'
f. Man-made features now on U'~ ~t.i~ I!:.
VAlb~ ~":j'NftL.~"'/M.J

I. What iJ tilt. CAMA LaDd. Uac Plan Iud
clUllfl~lon of the sit.? (r:<<tIfIIJ 1M l<<aI '-'.. ,w..)

_ Conservation
...L Developed
_ Rural

_ TtlftltdoftaJ
_ Community
_ Ocher

h. How Is the tract zoned by loca1lovenunent'1
~...~"

1. Is \he propoled project consistent with tlus applicable
zonina? ~ Yea _ No
(AnDdllDffInI ~'" ",fffjloaJI, 1/ _tIlIIIWJ

j. HIi a profeulonaJ archleolollcaJ III~ been
done for !bo trac:t'P $- YeI _ No
If yea. by whom?

k. 11 dJ. projoct )ocIUJd in . N.\ooal Raa1and
HlItoric DiItrlct or doa Il lDvolve I Natloall
Rqllter llJted or jll,lblt propany7
_ Yea -A- No

I. Are there wetland. on the Ilcc? L YtI. _ No
Coa&tIJ (marsh) ~ OdIcr
If yea. baa a dellDell10n beeD c;anduCUld1 ~
~aaa\ ~, ,,~)

am.cIlDlt!

To:4

I
m. Describe ellltln, wutewatcr treatmct1t facUldea.

~ 7Y.J;

Ii" Deacrlbe 10caloa and type of 6l1durlll U) WIlUI
of 1bo UtI. (pot enmple. lurfIco runoff'. III\lwy
wUlIWl&er, \nduIUW/commercla1 ao~enc. -wub
dowo- and r..ddeatlll dilcb&rJ.')
SPIl~ J;.w.JI'1P.P'

o. Delaibt cllltlD, drink1n1 water lupply 1OUlC~.
'7'~ /V,4J ttI~

5. ADDITIONAL INFORMATION

In addition EO die complered appllCldon fonn, dle
followin.ltemlIDU51 be iubmitted:

. A cop)' or the eked (with JtI1I appllcatiocl onJy) or
othot lnm'u1DlDt WIder wblcb tile appllcant ;lall11l tltl.
to the affoc:tOd proptrtltl. If me applicant II pOt
dabniDJ U) be die QWDeI' of uI4 property. lb.
forward . COP), o( die deed or other ~ under
which the owner clalml tide. plul wr1UtG ptmUpion
from tho owner EO carry out tho proj~,

. An ICalttce, dated .-k plat (iocludinl plan view
aDd c:rou..ecUonal dnwlDp) drawn EO sule In black
lDk OQ aD S 112- by 11- white paptt. (Rtf. to
Coutal 5lMOUrceI CcmmlAioa llule 7J.0203 for a
detailed ~ptioD.)

,... note tbI1 ortpal drIWlnp are prcfemd aDd
only hip quaJlty copiel wUl be~. Bllle-IlDe
prld or ocbll' larl. pllZl art ~c oaly If IQ
Idequato aumher 0( q\laJlty copl. ItI provided by
.ppllcam. (c..ou&Ii= 11M U.S. Army Carpa of
BDaIDoen ",.nUna diet I&mcy'. ~ of IlfJet
drawlDp.) A sh. Of location map II . part of pitt
requirements and h aNn be sufft;lemly daulled to
1U1de Ilene)' pmoMGl uDfamillat wllh th.1teI to tho

.225 13:33 Fr-om:

r

. For1!'t DCM.MP-l

1M. lA~ij(f. hlabwlf or .ecoadgy roW (sa)
muubcta. IWm&lUt - f: Ut..
· A Storrnwat... C.-dftcatJOlf, l(oDeIl Dtcllllry.

· A JIlt of Eli. ftIftIII 1M an.... 1M' .. of till
.~t ~ (rt,.,-iln) ....-. IIUt
.......... rW,u u met tII&l ndI.... ..'
bu. ....,.. . faP1 ., IM."u.afM ... ,11&1
fa7 ~w.... Sid ludotJlll1a&a be ....
~ft dtIJ IIIYt 30 .,. Ia ftIcIt .. 1Ub_ ~.. - -~
oa m. proposed proJlIS U) eM Dfvla1= of Cou&II
NuqwcM. lJpoa ,'piD, ds1I ftnm. ell. IPPUCIDI
funfs. canJn. dlU IUds aodct ~u beta pnMdtd.
NIlM ~ ~ ",.,.."'" ,
A~dl'ell (,,, ~~.r ~~ DI~3
PhoM .1.I/-1,1..1.<rh

.;:~ J1;;~~ ~~;~:::~

~~ ZI;~ ~ r/t!1. ~- $S~~

Nama
Addr..
PtKnw

HII'M
Addt..
~AI

x

· A u.c ., .,.,.tea 1&1&111I' rldnl ,...all iaalld tot
wark em lb. proJIC:& Ira<<. lActud. perm1t D8lDbtn.
perm!1AI. and luWD. cSa..
CAlf/( ~~ ~ -:111.5(57 p,::I!.Jt,) -;::;t: i'

~L. ~.J7"H' ~~~~ It

· "cMc.k fDt ~mad. pl}lbJ. tQ tbDtpaUnact of
~~"'dl~ aDd HDnI ItIOU1caI
(l)EHHl) CD oa"IfI Itlt CIA of proeIUlDt lb.
IlPpll'ldoa.

· A II'" AKC huanI noUce for proJlCU 1.4
0CfiIDfrcft 1M lal. .....

· :n ltI&llMnt ., ..,u... wl'- 1M N.C.
t1roNMfttaJ ..nq .4C (H.C.G.S. 1134 - I CO
10) If~. prcjea lDvolvlI dI. upcdlaan of publIc
~Dd. Of UN of pubU, lan, &nidi . -.ma
~V"1DtlD1 campllaau Wiltb th. Hon21 CIrotlGl
EnvlronaaIIJ Pol}q A~

......, QlIIf

To:4

P.6

6. CERTIFlCA. nON AND PERMISSION
TO ENTER ON LAND

I ~ lb. uy permit Iaa* III rllpoDl' CD mil
.,'CIlIoD wUl allaw alLll &hI d....lopns.at cS.crtbtd Ia
dl'IPPIIGIda. n. projtct wDJ bt .ubJICC co coDdldolll
lad ,..Icdcma coalaId ,~ me penn..

I cW~ .. tD .... bell Dr tQ blJwrld... eta. P..tIS
ICtlvIeJ ca.!. wtdI lb. S_ of Pl_ CIralIa.'.
IpprDYtd eo.u ........... Proanm aM will be
ooadllCttd Ie . PIUMt CGftIlatlllC whis ludl procrun.

1 CII'\lfy dlIIl 1m IUlhotlud CD I"ant. aDd do III tacc.
ITUt pII'1DJ.aJoD to nptllll&allv. of IU&f tad fIlS...
I'ft'II'IW ICIQdM co ... OD dI. alor.acloDld lUlS1lz1
c:oaDeCt.l~o .Ids MIuadq 1DfonNdo~ rtl.. tD dill
pcrmJt .II~D and fbI1ow.q &DOC\lIDriII1 of dM
prole.

J ft&nJl.. ~ty m. m. ~ pt'O'Yidld &D 1IIl1
applk&Joa II tnnbf\ll tD tt. belt of ~1 bowted,..

'nail I. lb. ..2E. dly or . d& ~po~
\ ~ '
Prlat HIIDt 'II LJ41'f ~ S1:'#E1t;:k
Siparura ~~~r .# A".~
t.Lt ..8.. ~ .....,

Ptwe lMiClll MtAMtMafllU pertalalq to )"OUt propoMd
pmJlC1.
L DCW NP.2 ElemdoIlDd FUI WormadoJl
_ DeW", UplIDd OIvtklplDct .
_ DCW NP-' SInl=atl ~naat1ol1
_ DCW 10"" Irld.. lad O&Iveru
_ DeW NJt-6 Marw DtYelopmtDt
NOm: 1'Wu, IIp QN/ dIJu latA d/fo.tMwIflIIl 1M
~ prrMdId Q/ IN ~ qfl4dt./Dt'm.

JUl-20-2005 13:34 From:

EXCAVATION
AND .FILL

m.c.epC brid.. and culvcrfl)

I
, '[
Aaach ~la form to lQ. AppIlc.ldoa tot CAMA ~
PlI'mlc, form DCM-MP-l. Do IUtO U) complece all
other aecdonl of &he Johu AppliCllion that rol.. 10 chit
propolod project.

Describe below the purpoae or propoaed excavulon Dr
fillactlvitiCS. All fal. to be .I,en In 'ed.

,,~
~
Inada W1& 01'"

ftaaI
rndct
~

Acc"!
c:hAnnel
(MLW) or (f\lW1.)

Canal

Boat
basin

Boat
ramp

Roc"
aroin

Ci/rf} I(
Rock Si~ I-
brca.lcwatcr

g..'
1ft' (;.

Odlcr S~
(!.~Iudlnlli" I 'I~ I o. 'J y'
IhoreUne ,..
llabiUwIan)

.,
o~ 11.

ae,latlt OJM

To:4

P.8

co~ ~~
~ O..to..
'~ ~~~'/L-
.? t9 ~12 ~()
~ ~
:?~r . ~O

1. EXCAVATION

Nt/IYZ

'0 "_~unt or nwcrlll to bo aClvlUld from below
MHW or NWL In cubl\: yards

b. T)'l'le 01 nwcrial Ul be et~vatod

c. Doea 1M area 10 be excavated Include oout&l
wdands (marsh), ,ubmerpd aquae": veaetldon
(SA Va) or other wGtlandl? _ VOl _ No

d. Hl,h,round e.~l1~tlon In cubic yarda

2. DISPOSAL OF EXCAVATED
MATERIAL f/d/'lC

a. location of dlspolll area

b. DlmenaloM ot dlJpoul ilea

c. l,)o you claim tido 10 dbpoaa1llCl?
_V. _No
If DO, attach I lcttet aramIftI pennlulon tram ~
owner .

d. WlII a dlapolaJ ar. be Ivailable for tUNA
maime:nance1 _ Yea _ No
If ya, wh....?

JlL-aJ-2'22S 13:34 Fro;;"!:

.~.

~.
r DCM-MI'-2

/ e. Does me dispoMlarea lDdlldo any ~ wtdlDdJ
I (manh), SA Va Of odlcr wcdlRda?
_ Yes _ No

f. 00eI m. dlapouJ ~Iude any ar. In till water7
_Yes _No

..

3. SHORELINE STABll.~4110N

I. Type of IhcrdlM atabU~n
_ Bulkhead IUprap
b. lenith )'12. rr

c. Average CiStal\C8 wawww of MHW or NWL
~.,' - ~'1'

d. Maximum distance WIlennrd of MHW or NWL
3t:J r7"

c. Shorelin~ erolion dW'inc prtetdln, 12 monda
7 r,-
(Satilff C/I1Jjc,.,..mOfl; Nn4 CMA tJ"'/~C7'2

f. Type of bulkhead or rlpJIP macrlaJ
CO h+5,. II c:'A /IroI1n:. ~ I ~..R/'

g. Amount of fill in cubl, yard. ~ be placed below
water level 'Sit"
(1) Riprap J /M C'Y
(1) ~ backfill - /~~ cy

h. Typo offill material CL~ .~

i. Sourco OZ' fill nwerlaJ /(V~A? n:tJ ~y
cCt'i"Z ~~7>~

4. OTHER FILL ACTIVlTIES
(Excludln, ShorcUne S&abluaUon)

I. Will fill nmeriiJ be brouiht 10 alto?
::f- Yes _No

Kuiltd D3m

.

To:4
". -

P.9

DCM~~~~~~~O
JU N, NC
N 2 8 2005
tfy., S~ A5 3..9,
(1) Amount of matllriaJ CO be pllCtd In die
wUlt ~(f C' y ~~.4' I Je' ~ r ~/f7v~
(2) DlIMaIlolII of tUt"aru oS.. ~(.).J.'f' - / 'I~ T7

(3) P\lrP.JI.ofnll _~J/Ar1'1t~ 'T'>> rnM/~/~~
Alh~ p"~~ A~ .r;~t.

b. WUI 1m mIIIriII be placed Ia coutIJ. wedaadl
(mIt'Ib), SA V. or q9Cl1' wetJandl7
JII- v. ~ No
ff~. A~
(I) Dlmonalona of '111 area ,~L ,~!'D
""- ~ j t ':'-
(1) Purpoll offtll /ffW ~~rC!~ lPt
H/W"JI f/t~l5.771'7'7~

5. GENERAL

~

I. How ",,\II excavated at nn rrwcrla) be kept on ah.
and ttOIlon controlled'l~~
FAG.i.(~ (;{L ,,_ _. _4___ ~/~MI'
--...;;. r//.L /f;K I!7J.

b. Wllat t)1le of conatruc:don equipment wUl be uud
(tor example, dragllne, backhoe, or bydraullt
drcdao)1
IJIt?K)/r:;i!!:'

c. Will WCltliUlds be c:r:lued in tranIDOnll1l equipment , '\
to proj<<t site? -X- VCI ~ No (~kj'lIr f~
If YeI, explain steps tha1 will be taken lelio
envlronmcntallmpaaa. .; (.A.J~
~I?'"I ;.
I'7J

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JUL-20-2eC5 13:35 From:

To:4

P.l121

May t 6. 2005

/)OI11/Y/$"c ~
~l~ ~/~
dflJl1 r;NG"a~O
.a 8 , ~ 1\10
<"'005

Frank Francin
PO Box 6073
High Point. NC 27263

Mailed via Certified Mail return receipt requested

Subiect: Shoreline: StabilizationIMMsb ~~stQrati9n-.Proiect along TBF Properties, LLC,
17 Osprey-Drive, North Topsail Beach. Onslow County, NC 28460.
"
.

Dear Mr. francin:

Mr. WiJliam Scheick is applying for Q CAMA Permit to complete a shoreline
stabilization I marsh rcstorntion project along the western boundary of his property ~t 17
Osprey Drive, North Topsail Bcac~ NC. The North Carolina Coastal Federation is
coordinating the project in partnership with Mr. Scheick. A copy of the pennit
application is attached for your information. If you have any comments regarding this
project, please direct them to Mr. Jim Gregson at the Division of Coastal Management or
to Ms. Tmq Slaabal at the North Carolina CollStal Federation.

Mr. Gregson's address:
NCDENR - Division of Coastal Management
J 27 Cardinal Drive Extension
Wilmington. NC 28405-3845

Phone: [phone]

Ms. Slcrabll1' 5 address:
NC Coastal Fcdc:ration
Wilmington Field Office
131 RAcine Drive, Suite 101
Wilmington. NC 28403
Phone: [phone]

Thank you for >'C1ur support on this project. We bdi~v~ this ~l1viroi1m;ntally friendl)
approoch to shoreline prolr;:ction will set a sood example for tdl residents along our
beautiful canst.

Rc~f-'~~tfu:::~ :;ubUtit~~J~

#~ A1~

'..'f.'il!rJ.;~1 I T ~..: hcic k

Enclosure (J) COP)' of CAMA Pcnnir Application

JUL-~0-2005 13:35 From:

To:4

P.ll

May 16. 2005

1;t
REcelveo --....
OeM WILMINGTON, NO
JUN .2 8 2005

Joel Tomasclli
1900 Eastwood Rd, Suite 10
Wilmington, NC 28403

Mailed via Certified Mail return receipt requested

Subj~d: Shoreline ~tabiliZ8tionIM(U'~b B~stomti(ln Project along TBF Properties, LLC,
17 Osprcy Drive, North Topsail8eacb, Onslow COlUlty, NC 28460.

Dear Mr. Tomaselli:

Mr. William Scheick is applying for a CAMA Permit to complete a shoreline
stnbilization lmarsh restoration project along the western boW1dary of ltis property nt 17
Osprey Drive, North Topsail Beach, NC. The North Cnrolinn Coastal Federation is
coordinating the project in partnership with Mr. S\;hei\;k. A copy of the permit
application is attached for your information. If you have any comments fCgarding this
project, please direct them to Mr. Jim Gregsoll at the: Division of Coastal Management or
to Ms. Tracy Skrabal at the North Carolina Coastal Federation.

Mr. Oregson' s address:
NCDENR - Division of Coastal Management
127 Cnrdinal Drive Extension
Wilmington. NC 28405-3845

Phone: [phone]

Ms. Skrabal.s address:
NC Coastal Federation
Wilmington Field Office
131 Racine Drive, Suite 101
Wilmington. NC 28403
Phone: [phone]

ThAnk you for your support on this project. We believe this environmentally friendly
approach to shoreline protection will set a good example for a.ll residents along our
beautiful coast.

Respectfully submitted,

Aj/dAHI 4~

Willillll1 H Sc:heick:

Enclosure (1) Copy of CAMA Permit Application

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BRADY, NORDGREN, KLYM & MORTON, PLLC, 2301 Sugar Bu." Road, SuIt. 450, Rllefgt\, NC 27612
Prepared by: Mn R. KIym (wtthOut ...rch)
Brief dllcrtptlon for the Index; Lot 10, erystill Shor.., Section ::, :::tump Sound Town.hlp. North TaplIlI Buctt.
On,'ow ~nty, Notth C.rcUI'\I

Parcel *: 715 8-110
ParoellOf 427712785387

NORTH CAROLINA NON.WARRANT\' DEED

THIS DEED, made the 18th day of December, 2003, by William H, 5cheick, Jr., Trustee of the
William H. Schekk, Jr. Revocable Trust .1994 dated the 3()U\ day of November, 1994, and Carolyn R.
Scheic1c, Trustee of the Carolyn R. Scheiek RevOC'able Trust ..1994 dated the 3~ day of November, 1994
(hereinafter relerred to as "Grantor") to TBF PROPERTIES, LLC, a North Carolina Limited Uability
Company (hereinafter referred to as UCrantee"), having an address of 1020 DickilUlon Circle, Raleigh.
North Carolina, 27614.

WIT N E SSE T H:

THAT Grantor has and by these presents does grant, bargain, sell and convey to Grantee that
parcel of land (hereinaIter the I. Property") located in Stump Sound Township, North Topsail BeAc;h,
Onslow County, North Carolina and fully described 1.8 follows:

BEING ALL OF Lot 10 as shown on that plat entitled, "Crystal Shores, Section II;' as
recorded in Map Book 33, Page 71, Onslow County Registry. reference to which is hereby
made for a more particular description.

SUBJECT TO restrictive covenants recorded in Book 1285, Page 105, as amended in Book
1322, Page 118, Onslow County Registry.

JUL-20-2Ze5 13:36 From:

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{)CM.';}!.C~I
TOGBrHER WITH Boat Slip No.4 as shown on that pllt leCorded ur MIIp~~O
30t Page 3, Onslow County Registry, reference to which It hereby ma~ a ON, NC
more particular description. .2 82005

SUBJECT TO all ea5ements, rights of way and resmctioN of record, aU
governmentAl land use stat'UteJ, ordinances and regulations, including zonmg,
subdJvi&lon and building regulations.

This property was acquired by Crantor by instrument recorded in Book 216.~. Page 132, Onslow
County Registry.

TO HA VS AND TO HOLD the Property, and all privileges and appurtenances thereunto
belonging to Crantees in tee simple.

The Manager or successor Manager of the TBP PROPERTIES, t.l.C shall have lull power and
&Ilthority to convey the whole or any part of said property or any right or interest therein by deed,
mortgage, deed of trust lease or other instnunent in writing, and it shall not be nec::essary to record the
Operating Agreement under which it is acting as Manager, nor shall anyone dealing with the Manager of
the TBF PROPERTIES, LLC be required to examine the said Operating Agreement, and no one dealing
with the Manager shall be required to see to the application ot any money paid to the LLC.

The designation "Grantor" and IOGranree", as used herein, shall inc:lude said parties, their heirs,
successors and ASSigns, and shaJl include the singular, p:i..i'at masculine, feminine or neuter, as requir~d
byccntexl

IN WITNESS WHEREOF, Grantor has hereunto set his hand and seaJ the day and year first above
written.

C (l l /I. I' _ . ( ,) , i .~LJ[(J!- (SEAL)

Carolyn R. heick', Trustee
Carolyn R. Scheick Revoc=able Trust - 199~

A/~/I ..JdI..;I;]A. ~IA (SEAL)

William H. Scheid.:, Jr.. Trustee
William H. Sc:heick, Jr. Revocable Trust -1994

NORTHCAROUNA
WAKE COtTh.'TY

I, a Notary Public of the County and State afore.;:.;:, certify that Cuolyn R. Scheid~, Trust~
of the Carolyn R Scheid, Revocable Trust -1994 dated the 30th day of November, 1994, perso~lJy
appeared before me this day ond acknowledged the execution of the foregoing instrum~nt Wltness

,', \
JUL-20-200S 13:36 From:

my hand and official stamp Or seal, this 18th day of December. 2003.

~A-
Notary Public

To:4 P.1S
ceM WILMINGTON, NO
JUN 2 8 2005

NORTH CAROUNA
WAKE COlTNTY

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I, a Notary Public 01 the County and State aforesaid, certify that WlIIlam H. Schelcler Jr.,
Trustee of the William H. Scheidt, Jr. Revocable Trust .1994 dated the 3()1J1 day of November, 1994,
pel'lONlly appeared before me this day and acknowledged the execution of the foregoing
instrument. Witness my hand and ofiidal.tamp or seal, thJs 18tt1 dAY 01 December, 2003.

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Notary Public

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Permit Class
MODIFICA TIONIMINOR (11 TH)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission

~trmit ~@@@D\Y7~~

for OCl 2 8 Zg05
~ Major Development in an Area of Environmental Concern .
pursuant to NCGS 113A-118 df~~~~A~~-

~ Excavation and/or filling pursuant to NCGS 113-229
. . . ',. . ',."
, . . -.

Issued to N.C. Coastal Federation, N.C. Sea Grant, 3806-B Park Avenue, Wilniinji.ton, NC 28403

Authorizing development in Pender County at Alligator Bav, 17 Osprev Drive, North

Topsail Beach as quested in the permittee's application dated 5/30/05. including attached

workplan drawing dated revised 8/17/05

This permit, issued on October 25.2005 , 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.

Innovative Shoreline Stabilization
TBF. LLC (Scheick) Propertv

1) This minor modification authorizes the construction of a +/- 62' long stone sill, with a 8' maximum
bottom width, and the planting of appropriate coastal wetland species, all as depicted in the attached
workplan drawing, with the exception of any project modifications contained herein.

2) If, at any point during construction, the permittee and/or contractor notices visible turbidity plumes
discharging from the construction area, all work must cease until such time as the problem is remedied

(See attached sheet for Additional Conditions)

This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.

Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

~ arles S. Jones, Director
Division of Coastal Management

All work must cease when the permit expires on

This permit and its conditions are hereby accepted.

December 31, 2005

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

NC Coastal Federation
NC Sea Grant

Permit #42-00
Page 2 of2

ADDITIONAL CONDITIONS

t 3) The N.C. Division of \Vater Quality authorized this project by way of Water Quality Certification No.
3400 (DWQ Project No. 051620).

4) 1\0 excavated or fill material shall be placed at any time in any vegetated wetlands, marsh or
surrounding waters outside of the alignment of the fill area indicated on the workplan drawing

1 5) This modification must be attached to the original of Permit No. 42-00, which was issued on 3/22/00,
and copies of both documents must be readily available on site when a Division representative inspects
the project f9r compliance.. .... _ " ,. i '. '0 · ..... <,-

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All conditions and stipulations of the active permit remain in force under this minor modification unless
altered herein.

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United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-372~ r:;; r~~:',),
October 17 2005 I".) L::;;~~?
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OCT 2 5 Z005

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Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

DEf.~r\ - V'\'/\1 EH D.lU\UTY
r/ETU~!~~S tJ.:n ~lCr:M'iV;'.tJEt1 BRi\tJCH

Subject: Action ID #200000709, Permit Modification, North Carolina Coastal Federation, Sill
Construction for TBF Properties, North Topsail Beach, Onslow County, NC

Dear Mr. Wicker:

This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public
Notice (PN), dated October 3,2005. The applicant, Mr. William Scheick for TBF Properties, LLC, has
applied for a modification of the subject Department of the Army (DA). The original DA permit was
issued in associated with North Carolina Coastal Area Management Act (CAMA) Major Permit #42-00
issued on March 22, 2000. That permit authorized the North Carolina Coastal Federation (NCCF) and
North Carolina Sea Grant to install shoreline stabilization projects. The original permit had a special
condition to review and comment on each individual project. The current requested modification is for
the extension of a stone sill to provide shoreline stabilization for a residential lot owned by TBF
Properties, LLC.

The proposed work is being considered under Regional General Permit #198000291, a permit/processing
agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act
(CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act
(FWCA) (48 Stat. 401, as amended; 16 U.S.c. 661-667d). Comments related to the FWCA are to be used
in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection offish aI1d wildlife resources. Additional comments
are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).

Proposed Action and the Project Area

The project area, proposed work, and anticipated impacts are described in an August 17,2005
memorandum from Tere Barrett to Doug Huggett, both with the North Carolina Division of Coastal
Management (NCDCM). The project area is on the sound side of Topsail Island adjacent to Alligator
Bay. The applicant constructed an 80-foot rock sill along a portion of the property under a CAMA
General Permit. Escarpments are present between the fill placed for residential construction and the
marsh and at the waterward edge of the coastal marsh. The bottom substrate is described as sandy with
no visible shellfish indicators and no submerged aquatic vegetation (SA V) present. The lot is adjacent to
Alligator Bay, an area designated as a Primary Nursery Area (PNA) by the North Carolina Division of
Marine Fisheries (NC DMF).

~

..

2

The applicant proposes to extend the existing rock sill for an additional 62 feet to the edge of the
property. The bottom width of the proposed sill would range from six to eight feet. The crest of the
structure would be approximately two feet wide. The top of the sill would be 2.0 to 2.3 feet above normal
low water (NL W) which is approximately the same distance above the substrate. There would be one
drop-down, or gap, along the total sill length of 142 feet. The drop-down would be five feet wide. The
waterward toe of the sill would be approximately 12 feet waterward to the normal high water (NHW) line
with a maximum distance of20 feet from the NHW line. The NCDCM permit application notes that
equipment would use "marsh mats" to transport rock over wetlands.

'An area of coastal marsh would be established between the sill and uplands on the site. This area would
vary from three to ten feet wide and be 95 feet in length. Clean sand would be place in this area to a
depth of approximately one foot. Approximately 130 cubic yards of clean sand would be placed over 618
square feet to bring the substrate up to the level of the adjacent marsh. The area of sand placement would
be planted with "native coastal marsh species."

. The NCDCM states that the proposed work would result in the loss of 1,052 square feet (ft2) of public
trust area and shallow estuarine bottoms. This would result from 434 fe of fill for the rock sill and 618 fe
of sand placement for marsh creation. The August memorandum states that turbidity may be an issue
. with the use offill in open water, but should be reduced by the use of turbidity curtains, timing of sand
placement, and the type of fill proposed.

Federally Protected Species

, The Service has reviewed available information on federally-threatened or endangered species known to
occur in Onslow County. We have also reviewed information from the North Carolina Natural Heritage
Program (NCNHP) database which contains excellent data on the special status species, both federal and
state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey
(USGS). Data from USGS quads' provide the most project-specific information on species which should
be considered in permitting this project. The project area is in the Spicer Bay quad. The occurrence data
of special status species within this quad can be obtained on the internet at <
http://www.ncnhp.org/Pages/heritagedata.html>.

The only federal listed species likely to occur in Alligator Bay is the West Indian manatee (Trichechus
manatus), a federally-endangered mammal. The Service carefully considers potential impacts for all in-
water construction on manatees. While there are no occurrence records in the Spicer Bay quad, the
species has been reported from Onslow County. Manateesmove along the Atlantic Coast during summer
months and are seasonal transients in North Carolina, primarily from June through October. Manatees
may occupy waters one to two meters (3.3 -6.6 feet) deep. The species moves extensively when in North
Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it
will be presence at a particular construction site.

Based on information in the NCDCM project description, water depths at the sill construction site are, for
, the most part, unlikely to provide suitable habitat for manatees. The toe of the sill appears to be at the
low tide line and project activities appear limited to the intertidal area, an area where water would
generally be two feet or less. Therefore, the Service would concur with a determination by the District
Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or
their designated critical habitat. However, the requirement of section 7 would need to be reconsidered if:
(1) new information reveals impacts of this identified actionthat may affect listed species or critical

~

., -

3

habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that
was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be
affected by the identified action.

Service Concerns and Recommendations

The Service supports the use oflow sills as an alternative to bulkheads for shoreline stabilization.
However, sills should be designed to allow adequate water exchange. Rogers and Skrabel (2001, p. 2 I)
note that it is necessary to allow trapped water to return to open water without causing excessive localized
currents around the structure. Estuarine marshes depend on regular flooding for nutrients and to carry
away sediment and pollutants. To facilitate this exchange sills should be designed to be porous with
water flowing between the stones or through gaps in the structure. Drop-downs facilitate water exchange.
However, the current design with only 3.5% (5/142) of the total length for such gaps seems low, but this
may be acceptable for such a short sill.

As stated by the NCDCM, turbidity should be reduced by the use of turbidity curtains, the timing of sand
placement, and the use of "clean sand" (as stated in the permit application). Furthermore, the Service
supports the use of marsh mats to transport rock over wetlands, a mitigation measure also given in the
permit application.

With adequate design features to allow adequate water interchange an~ construction techniques to
minimize turbidity and protect marsh vegetation, the Service does not oppose the issuance of a DA permit
for the proposed action. The Service appreciates the opportunity to comment on this permit application.
If you have questions regarding these comments or wish to discuss the development of the coordinated
federal position, please contact Howard Hall at 919-856-4520, ext. 27 -or bye-mail at <
[e-mail] >. Please provide this office with a copy of the coordinated federal position, if
one is developed.

Sincerely,

~ja:?tr'f

Ecological Services Supervisor

Literature cited

Rogers, S. and T. E. Skrabel. 2001. Managing erosion on estuarine shorelines. The Soundfront Series.
North Carolina Sea Grant. UNC-SC-OI-12. North Carolina State University, Raleigh, NC. 32
pp.

cc:

Ronald Mikulak, US EP A, Atlanta, GA
Ron Sechler, NOAA Fisheries, Beaufort, NC
Steve Everhart, NC Wildlife Resources Commission, Washington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
Doug Huggett, NC Division of Coastal Management, Morehead City, NC