Loading...
HomeMy WebLinkAbout19930840 Ver 1_COMPLETE FILE_19930617October 7, 1993 MEMO TO: John Parker I FROM : John Dorn RE: DEM comment on Cry?ta/ Shores II project Onslow County // DEM has no objection to the issuance of the CAMA permit for the above-mentioned project 'f measures are taken to restrict the installation of private pier in the area. We are concerned that construction of private piers could result in up to 248 slips along this stream (open SA waters) (see 6 October 1993 memo from our Wilmington Regional Offi e). DEM urges DCM to include permit conditions which would preve t this from happening which would be a violation of our Antidegra ation water quality standard. I can be reached at 733-1786 if you have any questions. 93840.1tr cc: Wilmington DEM Regionalloffice Central Files State of North Carolina Department of Environment, Health, and Natural Resources Division 4to ' f C oastal Management Wilmin Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary S4ptember 27, 1993 MEMORANDUM: TO: Mr. A. Preston Howatd, P.E., Director Division of Environm4ntal Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & PILL Permit Application Review Roger N. Schecter Director Applicant: Crystal Shores II (Joel Tomaselli, President) Project Location: between Alligator Bay I& Mason Creek adjacent to existing airport, Town of North Topsail Beach Proposed Project: to develop the high ground portion of a tract of land located adjacent to the existing airport (landin? strip) within North Topsail Beach. There are 27 residential lots plated fbr the project. i Please indicate below your agency's positions or viewpoint on the proposed project and return this form by October 18, 1993. If you have any ques4ons regarding the proposed project, please contact Bob Stroud at extension 251. When appropriate, !in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no coltment on the proposed project. C This agency approves df the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ?ATE t 127 Cardinal Drive Extension, Wilmington, N.C? 28405-3845 • Telephone 919-395-3900 • Prix 919-350-2004 An Equal Opportm ty Affirmative Action Employer r To: John Dorney Planning Branch DIVISION OF MANAGEMENT REVIEWER: GREGSON Q WQ SUPERVISOR: ADKIN? O^ DATE: October 6, 1993 PERMIT YR: 93 PERMIT NO.: 93 PROJECT NAME: Crystal Shores II PROJECT TYPE: Subdivision PI COE #: N/A DOI RCD FROM CDA: DCM DA' REG OFFICE: WiRO RIVER Als *STREAM OR ADJACENT WATER I CLASS: SA ORW STREAM I *OPEN OR CLOSED: Open COUNTY: Onslow TYPE: CAMA : N/A E FROM CDA: September 27, 1993 ? SUB BASIN#: 030502 )DY: Alligator Bay DEX #: 19-39-3 WL IMPACT: N/A WL TYPE: IN/A WL REQUESTED: N/A WL ACR I N/A HYDRO CNECT?: N/A WL SCO : N/A MITIGATION: N/A MITIGATION T E: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A L__.XA2 RECOMMENDATION: Condition STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: Project. #930802 approved on August 27, 1993 PROJECT DESCRIPTION: The applicant$ propose to develop a 27 lot subdivision. WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Propos? connection to North Topsail Water and Sewer WWTP. TO BE PERMITTED BY: DEM IF BY DEM IS SITE AVAILABLE AN PERMIT ISSUANCE PROBABLE: Yes additional information as been requested for WQ000826 This Permit is expected to be issued with a specific condition which states that no wastewater shall be made tributary to these sewers until the Engineers Certification has been received for the collect_on system permitted in WQ000139. (This project is tributary to WQ000139 which was not construclO in accordance with plans and specifications and has not been certified.) i I WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLA D: N/A IS FILL ELIMINATING A SIGNIFICA T USE? N/A AI& 93840.Oct Page Two DREDGING IS DREDGING ACTIVITY EXPECTE TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY `ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATE Y ADDRESSED? SEWAGE DISPOSAL: N/A MA INA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSUR OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) Although no boat slips are proposed, t e project includes 25 sound front lots on the SA ORW waters of Alligator Bay and a tributa . Property owners can request pier exemptions for individual lots with up to four slips per p r. This subdivision could therefor have a total of 100 slips. There are currently four subdivi ions along this tributary of Alligator Bay requesting CAMA Major Development Permits. The total number of sound front lots for all four subdivisions is 62, creating the possibility of 248 slips along the 4000 feet of this tributary's shoreline. The combined effects of the a boat slips could possibly create the necessity for a shellfish closure at some future time. #er T15A: 18A .0911 (6), the cumulative impacts of multiple marinas, entrance canals, or other mooring areas, in close proximity to each other are expected to adversely affect public trust waters. When these situations occur the Division of Environmental Health will recommend c sores. Because of these possible cumulative impacts it is recommended that the CAMA Permit include specific conditions which would prohibit pier densities from reaching the point that cl sure may occur. cc: Central Files Wilmington Regional Office Files DCM-Bob Stroud John Parker it f DIVISION OF COASTAL MANAGEMENT FIELD INVE TIGATION REPORT 1. APPLICANT'S NAME: Crystal Phores II (Joel Tomaselli, President) 2. LOCATION OF PROJECT SIT : Between Alligator Bay and Mason Creek adjacent to existing airport - Town of NortTopsail Beach - Onslow County Photo Index -1989: 4:167:9 Grid M-0;6-9 1984: 25:274 Grids K-N;2-5 State Plane Coordinates - X: 247 400 Y: 276200 3. INVESTIGATION TYPE: 4. INVESTIGATIVE 5. PROCESSING PROCEDURE: A 6. SITE DESCRIPTION: (A) Local Land Use Plan - Ni Land Classification From (B) AEC(s) Involved: ES(OR) (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: F (F) Type of Structures: (G) Estimated Annual Rate of Source - N/A 7. HABITAT DESCRIPTION: Dates of Site Visit - 7/13/93 Was Applicant Present - yes (agent) )n Received - cc:9/10/93 Office - Wilmington h Topsail Beach ,UP - Limited Transitional idivision Ling - N/A - Private system available - Culvert under existing access road - Single Family residences -osion: N/A [AREA] DREDGED FILLED THER (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlands N/A (C) Other Appx. 3.96 Appx. 15.9 High ground developed i acres acres (D) Total Area Disturbed: App 4- 3.96 acres (E) Primary Nursery Area: yes (F) Water Classification: SA-O W Open: Yes 8. PROJECT SUMMARY: The Appl ants propose to develop the high ground portion of a tract of land located adjacent t the existing airport (landing strip) within North Topsail Beach. There are 27 resident lots plated for the project. Crystal Shores H Page 2 9. PROTECT DESCRIPTION The project is located within C existing airport/landing strip. It is (a sub-embayment off Alligator indicated on the project plats 0 calculations indicate that of that au mean high water (mhw) elevation. Waters (ORW) by the Division determined by the Shellfish Sanit Division of Marine Fisheries have Division of Coastal Management 1 bodies as an Estuarine Shoreline Concern. The federal 404 wetlan( is no Ocean front associated with extends from SR 1568 to the lar crosses Mason Creek by means connections to the upper end of downstream side but the failure 1 project is located within an area id However the general area of the insurance is not available. The an Plan recently approved for the Tc Commission. Town of North Topsail Beach adjacent to the [so located between Alligator Bay and Mason Creek lay). The applicant's Engineers/Consultants have : approximately 77.7 acres are in the tract. Our )unt approximately 15.9 acres are located above the be waters are classified as SA Outstanding Resource if Environmental and are open to shellfishing as on section of the Division of Health Services. The -signated the waters as a Primary Nursery Area. The s designated the high ground adjacent to these water utstanding Resource Water Area of Environmental on the tract have been identified and platted. There its project. There is an unimproved road bed which .ng strip located adjacent to the project. This road a fill causeway with an existing culvert providing ie Creek. This culvert has partially failed on the s no effect on the integrity of the causeway. This tified as an A-zone on federal flood insurance maps. eject is also located in the area where federal flood is classified as limited Transitional by the Land Use n of North Topsail Beach by the Coastal Resources The Applicant's Engineers/Consul portion of the property into 27 resi i for each of these lots based on the U of the lots has been further restrict the NC Division of Environmental approximately 4854 S. F. and has for the Subdivision. In order to ac propose to improve the existing con feature will be improved to a 20' northwest side of the tract. In order propose to bulkhead the existing cau approximately 66 linear feet of bu sections to either side of the 48" cu will be built also in two sections bro 4' of the existing culvert which ha replaced. The travelway will be red a vehicular turnout provided at eithe no common access corridors shown appears to have individual riparian a its have submitted plans to develop the available ;ntial lots. Building envelopes have been identified S. Corps of Engineer's wetland (404) line. The use by the calculation of available "built upon area" by lanagement. This figure has been determined to be = recorded in the Protective Covenants recorded ess the property in a safer manner the applicants ecting road leading to the tract from SR 1568. The velway and will have one cul-de-sac located at the to cross the portion of Mason Creek the applicants eway and repair the existing culvert. There will be khead built on the west side of the road in two vert. On the east side approximately 75 linear feet en by the culvert (See Sheet 5 of 5). Approximately partially failed will be removed and will not be ced to approximately 15 feet for this crossing with r end to allow for one-way traffic flow. There are on the plan for this subdivision. Each of the lots ?cess rights. Crystal Shores II Page 3 10. ANTICIPATED IMPACTS The project is located entirely withib the Estuarine Shoreline ORW AEC. The built upon or disturbed area is limited to no ore than 25% of the area located 575 feet landward of the mhw contour. Also, no eng' eered stormwater system can be utilized to control the run off from the "built upon are s" in order to bring the project into conformity with the rules. The project has been desi ned to conform with the current regulations for ES ORW AEC. As stated above the av 'lable "built upon area" of each lot has been limited to 4854 S. F. as calculated by DE . Further the building envelopes for each lot have been determined and show on the p ans (sheet 2 of 5). The proposed roads and available disturbance values will result in approximately 24.9% coverage of the tract including approximately 131058 S. F. of wilt upon area for the houses and an additional approximately 41644 S. F. of road coverage.The project appears to be consistent with the Land Use Plan for the Town. The density values appear to be consistent with the Limited Transition classification. T e R20 zoning provides the least dense use of land within the Town. The area has recently undergone a zoning change from CON-D to R20. This change has apparently received Criticism from a portion of the Town's citizens. Our observations of the high ground porttion of the tract along with the location of the 404 wetlands led us to believe that the ea identified for development is suitable for that activity. Due to the apparent excell nt quality of the two water bodies adjacent to the project area (i.e., ORW, open Shell shing and primary nursery area) there is the distinct possibility that degradation could ur with the cumulative impacts of each property owner requesting to exercise their flight of riparian access to these waters. There are twenty-five (25) lots platted with riplarian rights. Under current rules each of these lots could have up to four slips each f?r a total of one hundred (100) total slips for the project. As stated above, at present here is no indication of any common access to these waters. There are an additional three subdivisions under review along these water bodies. A total of approximately 62 lots wit in these four subdivisions appear to have riparian rights. Using the current guidelines total of 248 boats slips would possible for these lots. The combined length of shoreline along Mason Creek is approximately 4000 feet interrupted by that portion which is identified as the Onslow County Access Facility. This property has several 100 fee of non-divided riparian access shoreline. It is apparent, in the case of these sub ivisions, that the cumulative impact of the total possible number of boat slips must Abe considered. There are also areas identified as shellfish leases located within Mason Creek. Although it is not known at this time if all of them are active, consideration m st be given to the possible impacts of future boat access activity on those that are. In o der to protect these waters to the maximum extent possible, boat access should be limi ed to that which can be provided by a common feature of minimal design. Submitted by: C. Robert Stroud, Jr? Date: 9/14/93 Office: Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava-i tion, filling, paving, land clearing, and stormwater con trol. If the requested information is not relevant to youi project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT inc. crystai snores, a. Name Joel Tomaselli, President Address 2840 South College Rd Suite 356' CityWilmington State NC I? Zip 28412 Day phone ( 919 ) 313-0660 t X Landowner or Authorized ag*t b. Project name (if any) Crystal ShnrPs TT c. If the applicant is not the landowner, also give the owner's name and address. c i 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NCSR 1568 b. Cit , town, community, or landmark North Topsail Beach c. County Onslow d. Is proposed work within city limits or planning jurisdiction? North Topsail Beach e. Name of body of water nearest project Alligator Bay 3 DESCRIPTION AND PLANNED US If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for community, private, or commercial use? d. Describe the planned use of the project. 27 lot residential subdivision 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 77.7 acres +_ b. Size of individual lot(s)smai last lot 0,1 q2 S. F. c. Elevation of tract above mean sea level or National Geodetic Vertical Datum ' 2 Ft- - 6 Ft. above M.S.L. d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract Live oaks, beach, grasses and other maritime vegetation. f. Man-made features now on tract g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? OF PROPOSED PROJECT i. How are adjacent waters classified? SA/ORW a. Describe all development activities you propose (fo ,Has a professional archaeological survey been example, building a home, motel, marina, bulkhead : I ?,-; carried out for xhe tract? No If so, by whom? or pier). Streets, water ins and sewer; u "? V I mains to serve 27 lot residential - ALL 093 I DIVIS!GN OF _ 3/91 CO STAL MANAGEMENT 5 UPLAND DEVELOPMENT I Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed None planned by Developer-private homes b indiv: 0 owners. b. Number of lots or parcels 27 c. Density (Give the number of residential units and unitsperacre.) 27 residential units, 0 units/acre d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan a least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as mar], paver stone, or concrete, to be used for paved surfaces. h. 1. j• k. 1. 2 u appiluavic, ildb a SW111IWalc1 lllall48c1lIVIIL Awl been submitted to the Division of Environmental Management? Yes Describe proposed sewage disposal and/or waste water treatment facilities. 11 gravi tV nnl l ertnn mar i ng find a°ta@Mg tam= gtotinn *„ he rnnnerted tri North r Tnpeai l Water and Se-e Inc- System - r ,' - Have these facilities received state or local approval? Approval pending Describe existing treatment facilities. N/A i Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A m. Water supply source 6nslow County n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide 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 (Individual homeowners will comply with local flood ordinance regulations as enforced by Building insnector.) 6 EXCAVATION AND FILL INFORMATION N/A a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (NII.W) or (NWL.) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other ; wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragEne, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 150 feet. b. Average distance waterward of mean high water or normal water level Bulkhead above mean high water line 3/91 c. Shoreline erosion during preceding 12 months, in feet 0 d. Type of bulkhead material wood e. Amount of fill, in cubic yards, to be placed below mean high water nnna f. Type of fill material N/A 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission 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 an 8 1/2 x 11 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks. and the like. A stormwater management plan, if applicable, t1lat 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 comments on the proposed project to the Division of Coastal Management and should tie advised ly the app(icarit? that opportunity. AUG I i(' DIVISI:)"I Or COASTAL MANAGEif ENT 3. Name Mr. John A. Elmor Address Porters Neck Comp 1202 Porters Neck Wilmington, NC 28 Name Mr. George Jeffre Address PO'Box 188 Name Address Goldsboro, NC 27533 1 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. 4is day of 19r or A thorized agent 4 1 3/91 m O m 8 4 m D 8 2 ? r Z n m O . m m o v ? N /A / C M Z v ? Z s I to p I I z ?t O + O O 0 O N + O O W + O O -P + 0 0 U + 0 O CF) 0 O v 0 O OD + O O MEAN HIGH WATER LINE WOODSLINE 404 WETLANDS LINE SWALE CRYSTAL SHORES DR. SWALE WOODSLINE 404 WETLANDS LINE EDGE OF MARSH APPROXIMATE MEAN LOW WATER LINE I I It v z ftfl f DIVISION OF COASTAL MANAGEMENT LD INVESTIGATION REPORT 1. APPLICANT'S N : Crystal Shores II (Joel Tomaselli, President) 2. LOCATION OF PROJECT SITE: Between Alligator Bay and Mason Creek adjacent to existing airport - wn of North Topsail Beach - Onslow County Photo Index - 1989: :167:9 Grids M-0;6-9 1984: 25:274 Grids K- -2-5 State Plane Coordin tes - X: 2477400 Y: 276200 3. INVESTIGATION TYPE: CAMA A I _ 6 4. INVESTIGATIVE ROCEDURE: Dates of Site Visit - 7/13/93 I Was Applicant Present - yes (ag nt) WpWETLANDS Y s tC?,r! --- .. _ 5. PROCESSING PR CEDURE: Application Received - cc:9/10/93 Office - Wilmington 6. SITE DESCRIPTI . (A) Local Land se Plan - North Topsail Beach Land Class' cation From LUP - Limited Transitional (B) AEC(s) Invo ved: ES(ORW) (C) Water Depe dent: No (D) Intended Us : Residential Subdivision (E) Wastewater reatment: Existing - N/A Planned - Private system available (F) Type of St ctures: Existing - Culvert under existing access road Planned - Single Family residences (G) Estimated An nual Rate of Erosion: N/A Source - N1, i 7. HABITAT DESCRIPTION: [AREA] I DREDGED FILLED OTHER (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetl ds N/A (C) Other Appx. 3.96 Appx. 15.9 High ground develop ed acres acres (D) Total Are; (E) Primary P (F) Water Ch 8. PROJECT SUM of a tract of land Topsail Beach. T] Disturbed: Appx. 3.96 acres irsery Area: yes sification: SA-ORW Open: Yes [ARY: The Applicants propose to develop the high ground portion ocated adjacent to the existing airport (landing strip) within North re are 27 residential lots plated for the project. Crystal Shores II Page 2 9. The project is loca ed within the Town of North Topsail Beach adjacent to the existing airport/landi g strip. It is also located between Alligator Bay and Mason Creek (a sub-embayment off Alligator Bay). The applicant's Engineers/Consultan ts have indicated on the project plats that approximately 77.7 acres are in the tract. Our calculations indicate hat of that amount approximately 15.9 acres are located above the mean high water (mh ) elevation. The waters are classified as SA Outstanding Resource Waters (ORW) by he Division of Environmental and are open to shellfishing as determined by the Shellfish Sanitation section of the Division of Health Services. The Division of Marine F sheries have designated the waters as a Primary Nursery Area. The Division of Coastal anagement has designated the high ground adjacent to these water bodies as an Estuari e Shoreline Outstanding Resource Water Area of Environmental Concern. The federa 404 wetlands on the tract have been identified and platted. There is no Ocean front as ociated with this project. There is an unimproved road bed which extends from SR 15D8 to the landing strip located adjacent to the project. This road crosses Mason Creek by means of a fill causeway with an existing culvert providing connections to the pper end of the Creek. This culvert has partially failed on the downstream side bill, the failure has no effect on the integrity of the causeway. This project is located witin an area identified as an A-zone on federal flood insurance maps. However the general area of the project is also located in the area where federal flood insurance is not available. The area is classified as limited Transitional by the Land Use Plan recently approv d for the Town of North Topsail Beach by the Coastal Resources Commission. The Applicant's En meers/Consultants have submitted plans to develop the available portion of the grope Ity into 27 residential lots. Building envelopes have been identified for each of these lots1based on the U. S. Corps of Engineer's wetland (404) line. The use of the lots has been rther restricted by the calculation of available "built upon area" by the NC Division of nvironmental Management. This figure has been determined to be approximately 4854 S. F. and has been recorded in the Protective Covenants recorded for the Subdivision. In order to access the property in a safer manner the applicants propose to improve he existing connecting road leading to the tract from SR 1568. The feature will be impr ved to a 20' travelway and will have one cul-de-sac located at the northwest side of th tract. In order to cross the portion of Mason Creek the applicants propose to bulkhead the existing causeway and repair the existing culvert. There will be approximately 66 ft ear feet of bulkhead built on the west side of the road in two sections to either side of the 48" culvert. On the east side approximately 75 linear feet will be built also in T10 sections broken by the culvert (See Sheet 5 of 5). Approximately 4' of the existing c lvert which has partially failed will be removed and will not be replaced. The travel ,ay will be reduced to approximately 15 feet for this crossing with a vehicular turnout rovided at either end to allow for one-way traffic flow. There are no common access orridors shown on the plan for this subdivision. Each of the lots appears to have indi ,idual riparian access rights. Crystal Shores II Page 3 10. The project is located e ntirely within the Estuarine Shoreline ORW AEC. The built upon or disturbed area is li mited to no more than 25% of the area located 575 feet landward of the mhw contour. Also, no engineered stormwater system can be utilized to control the run off from the "b jilt upon areas" in order to bring the project into conformity with the rules. The project as been designed to conform with the current regulations for ES ORW AEC. As stated Bove the available "built upon area" of each lot has been limited to 4854 S. F. as calcu ated by DEM. Further the building envelopes for each lot have been determined ands ow on the plans (sheet 2 of 5). The proposed roads and available disturbance values wil result in approximately 24.9% coverage of the tract including approximately 13105 S. F. of built upon area for the houses and an additional approximately 41644 . F. of road coverage.The project appears to be consistent with the Land Use Plan fo the Town. The density values appear to be consistent with the Limited Transition cla sification. The R20 zoning provides the least dense use of land within the Town. The ea has recently undergone a zoning change from CON-D to R20. This change has appar ntly received criticism from a portion of the Town's citizens. Our observations of the hig h ground portion of the tract along with the location of the 404 wetlands led us to bel eve that the area identified for development is suitable for that activity. Due to the a parent excellent quality of the two water bodies adjacent to the project area (i.e., OR , open Shellfishing and primary nursery area) there is the distinct possibility that degrad ation could occur with the cumulative impacts of each property owner requesting to e ercise their right of riparian access to these waters. There are twenty-five (25) lots p atted with riparian rights. Under current rules each of these lots could have up to fou slips each for a total of one hundred (100) total slips for the project. As stated abo e, at present there is no indication of any common access to these waters. There are an ad ditional three subdivisions under review along these water bodies. A total of approximate ly 62 lots within these four subdivisions appear to have riparian rights. Using the curre nt guidelines a total of 248 boats slips would possible for these lots. The combined le gth of shoreline along Mason Creek is approximately 4000 feet interrupted by that po rtion which is identified as the Onslow County Access Facility. This property has se veral 100 feet of non-divided riparian access shoreline. It is apparent, in the case of these subdivisions, that the cumulative impact of the total possible number of bo at slips must be considered. There are also areas identified as shellfish leases locate within Mason Creek. Although it is not known at this time if all of them are active, co nsideration must be given to the possible impacts of future boat access activity on thos that are. In order to protect these waters to the maximum extent possible, boat access should be limited to that which can be provided by a common feature of minimal de ign. Submitted by: C. Rogert Stroud, Jr. Date: 9/14/93 Office: Wilmington Please type or print. Carefully describ development activities, including cons tion, filling, paving, land clearing, and trol. If the requested information is no project, write N/A (not applicable). It must be completed for all projects. e all anticipated uction, excava- ' tormwatcr con- ,i relevant to your ems 1-4 and 8-9 1 APPLICANT rys a ores, nc a. Name Joel Tomaselli Pre . ident Address 2840 South College [Rd Suite 356 CilyWilmington State 1 1C Day phone 1 Zip 28412 13-0660 _ X Landowner or b. Project name (if arty) crystal Authorized agent $hor .s TT c. If the applicant is not the landown owner's name and address. r, also give the t i 2 LOCATION OF PROPO PROJECT SED a. Street address or secondary road NCSR 1568 umber b. City, town, community, or landma North Topsail Beach ?k c. County Onslow _ d. Is proposed work within city limit jurisdiction? North Topsail or planning each e. Name of body of water nearest pr Alligator Bay ject 3 DESCRIPTION AND P OF PROPOSED PROD ANNED USE CT a. Describe all development activiti s example, building a home, motel, or pier). Streets water, ma mains to serve 27_lot; re subdivision. - you propose (for marina, bulkhead, ns and sewer, idcnt.al --- ---------------- ,/91 If you plan to build a marina, also complete and attach Fonn DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for community, private, or commercial use? d. Describe the planned use of the project. 27 lot residential subdivision 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 77. 7 acres + - b. Size of individual lot(s)Smal 1 est lot 20,192 S F. c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 Ft. - 6 Ft. above M.S.L. d. Soil type(s) and texture(s) of tract Sand c. Vegetation on tract Live oaks, beach grasses and other maritime vegetation. f. Man-made features now on tract Airport g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed _ Community Rural Other h. }low is the tract zoned by local government? R20 i. How are adjacent waters classified? _SALORa --- -- -- --- j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 5 UPLAND DEVELOPMEN Complete this section if the project incl es any land development. a. Type and number of buildings, facil i ies, or structures proposed None planned by Developer-private homes b Individual 0 owners. b. Number of lots or parcels 27 c. Density (Give the number of residen ial units and the unitsperacre.) 27 residential nits, 0.34 units/acre d. Size of area to be graded or disturb 2. Acres e. If the proposed project will disturb ore than one acre of land, the Division of Land R sources must receive an erosion and sedimentatio control plan at least 30 days before land disturbing ctivity begins. If applicable, has a sedimentation erosion control plan been submitted to the Division of Land Resources? Yes f. Give the percentage of the tract wit in 75 feet of mean high water to be covered by i permeable surfaces, such as pavement, building s, rooftops. None ?. List the materials, such as marl, pay r stone, asphalt, or concrete, to be used for paved su Asphalt faces. 1. If applicable, has a stormwater ma agement plan been submitted to the Division of E vironmental Management? Yes Describe proposed sewage disposal and/or waste water treatment facilities. ff pump .st.at.i nn to he rnnner PH to North Have these facilities received state r local approval? Approval pending <. Describe existing treatment faciliti s. N/A Describe location and type of disc u rges to waters of the state (for example, surface run f f, sanitary wastewater, industrial/commercial fflucrnt, "wash down").-N11i -- - - -- m. Water supply source Onslow Counter _ n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A (Individual homeowners will comply with local flood ordinance regulations as enforced by Building inspector.) 6 EXCAVATION AND FILL INFORMATION N/A a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Length Width Depth Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 3/()l f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal ar a? If not, attach a letter granting permi owner. i. Will a disposal area be available for maintenance? Sion from the future If so, where? j. Does the disposal area include any swamps, or water areas? arshland, k. Will the fill material be placed belo water? w mean high 1. Amount of fill in cubic yards m. Type of fill material _ n. Source of fill material o. Will fill material be placed on mar wetlands? or other p. Dimensions of the wetland to be fil led q. How will excavated or fill material and erosion controlled? be kept on site r. What type of construction equipm (for example, dragline, backhoe, o dredge)'? nt will be used hydraulic s. Will wetlands be crossed in transp to project site? If yes, explair be taken to lessen environmental im rting equipment steps that will pacts. 7 SHORELINE STABILIZA TION a. Length of bulkhead or riprap _1_- b. Average distance waterward of ITT normal \?,atcrlcvcl Bulkhead at wager l i ne /y l an high water or ve mean high c. Shoreline erosion during preceding 12 months, in feet 0 _ d. Type of bulkhead material wood c. Amount of fill, in cubic yards, to be placed below mean high water none f. Type of fill material N/A 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate Nvork plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 1 l white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings arc preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies arc provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stornnwater 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. Iii. Name Address Name Address Name Address Mr. John A. Elmore I Porters Neck Company, Inc. 1202 Porters Neck Ben Wilmington, NC 28405 Mr. George Jeffreys PO 'Box 188 Goldsboro, NC 27533 1 A list of previous state or federal per its issued for work on the project tract. Include permi numbers, permittee, and issuing dates. 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any pen-nit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of A check for $250 made payable to the cpartment of project. Environment , Health, and Natural Res rces to cover the costs of processing the application. 4dw day of 19 3 A signed AEC hazard notice for proje is in oceanfront and inlet areas. cr or A thorize d agent A statement on the use of public fun . If the project involves the expenditure of public fund ,5, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 1 3A-1 to 10). 4 1 3/91 SEP-27-1993 15:39 FROM EHNR W I LM REG OFFICE l u O-91'x- I JJ- 1 JJU Fl. 01 State of North Carolina Department ?f Lnvirownent, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Governor ! Bob Jamieson Jonatbap B. Howes, Secretary Regional Manager AX COVER SHEET DATE: TO: CO: FAX #: REMARKS. NO. OF PAGES l FROM: CO: FAX #: 35Q- '--IJOQ ? 127 Cardinai Drivo ExtenRion, jwilmington, N.C. 2840538AS • Telephone (919) 395-3900 • Fax (919) 350-2004 An Equal Opportunity Af'firnuuive Action Employer i I i i TOTAL P.01