19960964 Ver 1_COMPLETE FILE_19960920

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Joel Tomaselli, Presidegt
Crystal Shores, Inc.
2840 South College Road
Suite 356
Wilmington, NC 28412
Dear Mr. Tomaselli:
A
IT4
4?1j-
ED FE F1
March 7, 1997
Onslow County
WQC 401 Project #960964
You have our approval, in accordance with the attached conditions, to construct community piers and
docks at Crystal shores H, as you described in your application dated 20 December 1996. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number
3112.
This approval is only valid 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 total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 telephone John Domey at 919-733-1786.
Sincerely,
ton Howard, Jr. P.E.
Attachment /
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
960964.1tr
Division of Water Duality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/100/6 post consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Crystal Shores II aka Osprey Subdivision
2. LOCATION OF PROJECT Highway 1568, Between Alligator Bay and Mason
Creek, North Topsail Beac ,'Onslo County
Photo Index - 1995: 28-37 P 3-11 1989: 4:167:9 Grids M-0;6-9
State Plane Coordinates - X: 2477400 Y: 276200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Yes (agent) G?
5. PROCESSING PROCEDURE: Application Received - cc: 11/27/96 0
Office - Wilmington n???ohn
6. SITE DESCRIPTION:
(A) Local Land Use Plan - North Topsail Beach
Land Classification From LUP - Limited Transitional
(B) AEC(s) Involved: ES(ORW)
(C) Water Dependent: Yes
(D) Intended Use: Community Piers For Residential Subdivision
(E) Wastewater Treatment: Town Of North Topsail Beach
(F) Type of Structures: Existing - Streets, Utilities & Gazebo
Planned - Single Family Residences & Water Structures
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
N/A
(B) Non-Vegetated Wetlands
N/A
(C) Other Covering
Public Trust Waters 16,000 sf +-
(D) Total Area Disturbed: Approximately 16,000 square feet
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The Applicants propose to build a total of three community
piers and docks, two having 10 slips and a third with 9 slips. The slips will be for the
use of homeowners in this subdivision. Crystal Shores, Section II currently has a Major
Permit, #123-93, that covers the subdivision development and one of the above-
referenced community piers. A second modification has been requested covering the two
additional community piers and docks.
Crystal Shores II
December 5, 1996
Page 2
9. PROJECT DESCRIPTION - PERMIT MODIFICATION REQUEST
Crystal Shores Subdivision, a.k.a. Osprey, is a 38-lot residential development located off of Highway
1568 in North Topsail Beach, Onslow County. A Major CAMA Permit was issued November 16, 1993
for street construction and development of this subdivision, Permit #123-93. In May, 1996 the applicant
requested a modification to the Major Permit to allow for one 10-slip community pier. The modification
was granted and a modified Major Permit was issued in July, 1996 authorizing the construction of one
community pier with dock. The applicant is now applying for two additional community piers/docks
providing a community marina of three piers for the subdivision with a total of 29 boat slips. As the Site
Plan indicates two piers would have 20 boat slips (10 each) with one pier providing 9 slips. An
Environmental Assessment describing the potential impacts from the community marina was prepared and
submitted for review in August, prior to the Modification Application being received.
The subdivision is located on the site previously operated as an air strip. Crystal Shores is surrounded
by the waters of Mason Creek and Alligator Bay, off of the Atlantic Intracoastal Waterway. These waters
have been classified as Outstanding Resource Waters by the Division Of Environmental Management.
They have been designated as Primary Nursery Area by the Division Of Marine Fisheries. They are open
to the taking of shellfish. Mason Creek has shellfish leases and is said to be a highly productive area.
For this reason, the applicant has been encouraged to protect the shellfish resources of Mason Creek by
reducing or eliminating piers and other structures. Mason Creek is a small embayment between North
Topsail Beach (island) and the peninsula formed by the land being developed as Crystal Shores a.k.a.
Osprey. A desire to eliminate piers within Mason Creek, but still allow water access is the reason the
applicant is proposing this community marina in Alligator Bay. As the regulations are currently written,
35 of the 38 platted lots border the water and each lot owner is entitled to build a pier, dock and
boathouse. Each pier is entitled to four slips under current rules, for a cumulative total of 140 slips for
this one subdivision. In anticipation of constructing community pier(s), recorded subdivision covenants
would prohibit lots other than 1, 3, 4, 5, 6, and 7 from having individual piers thus reducing the total
number of piers and boat slips significantly. An individual pier permit has already been issued for Lot
#1.
The proposed community piers and docks are shown on the site plan accompanying this report. The
proposed piers are 6' wide with 2' wide "finger" piers running off of them. The piers as proposed are
approximately 200' long with an 8' by 8' covered dock or gazebo at the end. Approximately 16,000
square feet of public trust waters would be covered by the proposed community marina area. This figure
includes the one community pier/dock that has already been authorized by a previous modification.
Construction and operation of the community marina would not require dredging. The piers would be
located on open water which receives regular tidal flushing. Boats moored at this facility will be limited,
by permit condition, to no more than 24' long with no cabins.
10. ANTICIPATED IMPACTS
The marina project would cover 16,000 square feet of public trust waters in Alligator Bay. Productive
shellfish beds could be negatively impacted by increased boat traffic, runoff, and increased human activity
in and around these waters. However, the anticipated negative impacts with this community facility are
less than what would be anticipated with 35+ piers, docks and boat houses.
Janet M. Russell / Wilmington / December 5, 1996
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
rys a nores, Inc.
a. Name Joel Tomaselli, President
Address 2840 South College Rd Suite 356
CityWilmington State NC
Zip-i.? 2?4- Day phone _ . S66
X Landowner or Authorized agent
b. Project name (if any) crystal shores TT
c. If the applicant is not the landowner, also give the
owner's name and address.
i r ,t .? r r
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 USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead'
or pier). r is water mains and sewer
mains to serve 27 lot residential
subdivision.

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?
rnMMiini tv
d. Describe the planned use of the project.
27 lot residential subdivision
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 77.7 a _rPG +
b. Size of individual lot(s)Smal l st l o . 0.1 Q2 y _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 tai ve oaks, beach grasses
and other maritime vegetation
f. Man-made features now on tract _Ai rnorf
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?
R20
i. How are adjacent waters classified?
SA/ORW
. -Has a professional archaeological survey been
.,carried out,for,the tract? No If so, by whom?
r. L- Y
3/91 DIV(S'ON OF
COASTAL MANAGEMENT
5 UPLAND DEVELOPMENT
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 by individual
0 owners.
b. Number of lots or parcels 27
c. Density (Give the number of residential units and the
unitsperacre.) 27 residential units. 0.34
units/acre
d. Size of area to be graded or disturbed
2:9 Acres
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 at
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.
None
C I 1
m. Watersupply 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
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).
Length Width Depth
g. List the materials, such as marl, paver stone, asphalt, Access channel
or concrete, to be used for paved surfaces. (NILW) or (NWL)
Boat basin
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Yes
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
811 gra y rn1 1 Actor mai nS.anH S2Td?e
limn ntntinn to bA rnnrerted to North
Tnncail WatAr and Rower, TZIC S;'stem
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
j. Have these facilities received state or local approval? Upland fill
Approval pending areas
k. Describe existing treatment facilities.
NIA
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/A
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, dragline, 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 1 ;n fPA r
b. Average distance waterward of mean high water or
normal waterlevel_Bulkhead above mean high
water line
3/91
c. Shoreline erosion during preced 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 77.0203 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, 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 app] card of
that opportunity. ` .? ; : , I
;E
A U G DIVISI ",1 0F
COASTAL N.A:,AHMENT 3
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial X Community _ Private
(2) Number 2
(3) Length 200 feet
(4) Width 6 feet
(5) Finger Piers - Yes No
(i) Number 11
(ii) Length 16 feet
(iii) Width 2 feet
(6) Platform(s) X Yes No
(i) Number 2
(ii) Length feet x
(iii) Width ee Gazebo
(7) Number of slips proposed 19
(8) Proximity of structure to adjacent riparian
property lines 476 ft. to West; 330 ft.
(9) Width of water body 1300 ft. +/-
(10) Water depth at waterward end of pier at
MLW or NWL 4.0 ft. +/- NWL
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
OCT 0 7 1996 V
DIVISIUIv OF
COASTAL MANAGEMENT
e. Mooring buoys N/A
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shore] ine
f. Mooring structure (boatlift, mooring pilings, etc ')NIA
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
N/A
to East
Crystal Shores II
Applicant or Project Name
?A
Signature
to /3 /aG
Date
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Mr. John A. Elmore, II
Name Parters Mect romp^ y.,-=roc
Address 1 2Jn2 Pnr- pre Nprk Rnarl
Phone Wilmington. NC 28405
Name Robert and Elizabeth Cassidy (Lot 4)
Address 97 Wedgemerc Road
Phone Stanford, Connecticut 06905
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Major CAMA Permit #123-93 to CLYRfal
Shores, Inc. dated November 16, 1993;
Stormwatar Permit to Crystal Shore°, Trutt,
* (See Below)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet Treas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Major Modification to CAMA Permit 123-93
dated 07-19-96.

6. CERTIFICATION AND PERMISSION
TO ENTER._ON..LAND_.;, i T
I understand that 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 11 the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I 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 the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 3 day of a c12X71 1- q (.
Print Name Gordon R. McAdams, P . E .
Signature ztl? /? ' ,
3 A02N9n t Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
x DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Project #930802, dated August 27, 1993;
water system permit to Onslow County,
Serial #04-67-035, dated September 23, 19
sewer system permit to North Topsail
Water & Sewer, Permit No. WQ0008266,
dated August 30, 1993; Erosion Control
Permit to Crystal Shores, Inc., Project
No. 930801 ON dated August 19, 1993.
Name Mr. John A. Elmore. II
Address Porters Neck Company. Inc.
1202 Porters Neck Bend
Wilmington, NC 28405
Name Mr. George Jeffreys
Address PO ,Box 188
Goldsboro, NC 27533
Name
Address
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).
4
9 CERTIFICATION A ERMISSION
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.
This is day of , ig 73
Lan c>,wner or A thorized agent
3191