19870306 Ver 1_COMPLETE FILE_19870224

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Permit Class
Modification/Minor
Renewal

STATE OF NORTH CAROLINA
Department of Natural ,Reso~f~si~ndCommunity Development
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Coa~taJ Resources Co'mmission

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c(',~' ,for '_" ~ ;,>-.;
[JJ Major~~,~~I?Pm~nt in,an'#a~f'~'"Vironmental
Concern pUIsuant to.N~GS'll }A~U
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[]] Excavation and/oIHUmg pursuant to NCGS 113-229

Permit Number
13-81

Issued to Spinnaker Pointe, Ltd., c/o Seamon, Whiteside & Asso. , Inc., 1051 Hwy. 17 By-Pass,
Suite C, Mt. Pleasant, S.C. 29464
authorizing development in neW Ranover County at A I WW ( East of Snows Cut)

as requested in the permittee's application dated 7 /11 /84 i nc 1 ud i ng the

followinq plats: "Spinnaker Pointe" site plan dated rev. 10/10/86 (rec. OCM 11/14/86)
and "Spinnaker Pointy Marina" dated rev. 1/9/87 (rec. OCM 2/25/87).
TItis permit, issued on '3\"" \~1 . 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 tenns may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.

(1) In order to protect juvenile shrimp populations, no excavation or filling
wi 11 be permi tted between the dates of Apri 1 1 through September 30 of any
year without the prior approval of the Division of Coastal Management in
consultation with the Division of Marine Fisheries.

(2) An earthen plug wi 11 be 1 eft between the boat bas in and the sound unt il
excavation landward of the plug is completed. Also, a 24-hour period of
time must be allowed to elapse prior to removal of the plug.

(3) All excavated materials will be confined on high ground behind adequate
dikes or other retaining structures to prevent spillover of solids into
any marsh or surrounding waters.

(4) The spoil area will be vegetated and stabilized within thirty (30) working
days after completion of the dragline work.

(5) In order to protect water quality, runoff from the construction area must

(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.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
- All work must cease when the permit expires on
December 31, 1988

In issumg this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.

Signed by the authority of the Secretary of DNRCD and
the . f the Coastal Resources Commission.

~ David W. Owens, Director
Division of Coastal Management

TItis permit and its conditions are hereby accepted.

Signature of Permittee

.

...

Spinnaker Pointe, Ltd.

Permit #13-81
Page 2 of 2

I

ADDITIONAL CONDITIONS

not visibly increase the amount of suspended sediments in adjacent waters.

(6) The surface water runoff discharge pipes must terminate landward of the
marina basin into vegetated swales or riprapped areas.

(7) Maintainable sedimentation traps will be provided.

(8) Impervious surfaces must not exceed 30% of the estuarine shoreline AEC
the area extending 75' landward from the mean high water contour).

(9) The location of any fence may not interfere with the access of the
to the fishing area near the north end of Florida Avenue.

(10) The location of any fence may not interfere with the established
the public of the connection between the north ends of Florida,
and Virginia Avenue.

?
(i .e., ?
public c
<
use by
Georgia

NOTE: In the event hydraulic dredging is necessary to complete the marina facility,
all work must stop and this permit modified to include plans for a diked
disposal area and effluent specifications.

NOTE: An Erosion and Sedimentation Control Plan will be required for this project.
Thi s plan must be fi 1 ed at 1 east thi rty (30) days pri or to begi nni ng any
1 and di sturbi ng acti vity. Submi t thi s plan to the Department of Natural
Resources and Community Development, Land Quality Section, 7225 Wrights-
vi11e Avenue, Wilmington, NC 28403.

NOTE: The permittee is cautioned about win~-b1own material entering adjacent
marsh and water as there is evidence that this aspect of the project requires
additional management.

NOTE: The permittee is reminded of the letter of authorization dated February
28, 1985 whi ch authori zed additi ona 1 refi nement to the permitted project
but imposed restrictions on the requested modification. Additional letters
of refi nement were issued and must be avai 1 ab 1 e on si te \'Ii th thi s permit M
These letters were dated March 27, 1986 and October 31, 1986.

NOTE: The Division of Environmental Management issued Water Quality Certification
#2025 on February 24, 1987 for the riprap modification included in this
reauthorization. Conditions of the Certification become a part of this
permit and any violation of said conditions would be a violation of this
permit.

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State of North Carolina
Department of Natural Resources and Community Development

Division of Environmental Manaf,'Cmcnt
512 North Salisbury Street · Raleigh, North Carolina 27611

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

R. Paul Wilms
Director

February 24, 1987

Mr. Janes P. Posda
Landscape Architect
Searron , Whiteside & Associates, Inc.
1051 Highway 17 Bypass, Suite C
Mt. Pleasant, SC 29464

Subject: Certification Pursuant to Section
401 of the Federal Clean \\later oct,
Proposed Stone Breakwater
Spinnaker Pointe
Seam:::m, wl1iteside & Assoc., Inc.
Atlantic Intracoastal Waterway
New Hanover County

D3ar Mr. posda:

Attached hereto are tv.u (2) copies of Certification tb. 2025
issued to Spinnaker Pointe dated February 24, 1987.

If we can be of further assistance, do not hesitate to contact us.

Sincerely yours,
Original Sianad By
William C. Mills

For R. Paul Wilms

cc: Wilmington District ())rps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens

Pollutioll Prel'clltion Pays

Po. Box 27687, R.1leigh, North Carolina 27611-7687 Telephone [phone]

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NORm CAROLINA
New Hanover Cmmty

CERl'IFICATION

THIS CERTIFICATION is issued in confonnity with the requirerrents of
f~ction 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Cc'1rolina Division of Envirol'1ll'ental f>1anagerrent
Regulations in 15 NCAC 2H, Section .0500 to Spinnaker Pointe rursuant to
an application filed on the 14th day of January, 1987 to construct a
stone breakwater along the Intracoastal \'Jaterway.

The Application provides adequate assurance that the discharge of
fill nuterial into a wetlands area adjacent to the waters of Atlantic
Intracoastal Waterway in conjunction with the pror:osed breakwater in New
Hanover County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. 'fuerefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.

Condition{s) of Certification:

1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidi ty in the Stream is 25 NIU' s or less
are not considered significant) .

2. That the materials used for constructing the
breakwater be clean, masonry materials, free of
any toxic JX>llutants.

3. That the material be of such size as to not be
washed away by wave or tidal actions.

Violations of any condition herein set forth shall result in
revocation of this Certification.

'!his Certification shall becare null and void unless the alx>ve
conditions are made conditions of the Federal Permit.

'Ibis the 24th day of February, 1987.

DIVISICN OF ENVIRCNMENTAL MANAGEMENT

Original Signed By
William C. Mills
For R. Paul Wilms, Director

WQ:# 2025

,IW(

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Manah>cment
512 North Salisbury Street · Raleigh, North Carolina 27611

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

R. Paul Wilms
Director

February 24, 1987

Mr. Jarres P. Posda
landscape Architect
Seanon, Whiteside & Associates, Inc.
1051 Highway 17 Bypass, suite C
Mt. Pleasant, SC 29464

Subject: Certification Pursuant to Section
401 of the Federal Clean Water kt,
Proposed stone Breakwater
Spinnaker Pointe
Seanon, Whiteside & Assoc., Inc.
Atlantic Intracoastal Waterway
New Hanover County

Cear Mr. Posda:

Attached hereto are b..u (2) copies of Certification tb. 2025
issued to Spinnaker Pointe dated February 24, 1987.

If we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

Original Signed By
William C. Mills
For R. Paul Wilms

cc: Wilmington District Corps of Engineers
Wilmington Regional Office
vMr. William Mills
Mr. David Owens

Pollution PrCl'cntion Pays

Po. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

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NORTH CAROLINA
New Hanover County

CERTIFICATION

THIS CERTIFICATION is issued in conformity with the requirerrents of
Section 401 Public Laws 92-500 and 95-217 of the united States and
subject to the North C:'lro1ina Division of Environnental Managerrent
Regulations in 15 NCAC 2H, Section .0500 to Spinnaker Pointe rursuant to
an application filed on the 14th day of January, 1987 to construct a
stone breakwater along the Intracoastal Waterway.

The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Atlantic
Intracoastal Waterway in conjunction with the proposed breakwater in New
Hanover County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. 'Iherefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.

Condition{s) of Certification:

1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 ~J's or less
are not considered significant).

2. That the materials used for constructing the
breakwater be clean, masonry materials, free of
any toxic pollutants.

3. Tha.t the material be of such size as to not be
washed away by wave or tidal actions.

Violations of any condition herein set forth shall result in
revocation of this Certification.

'!his Certification shall becare null and void unless the above
conditions are made conditions of the Federal Permit.

This the 24th day of February, 1987.

DIVISICN OF ENVIR~AL MANAGE1>1ENT

OriGinal Signed By
William C. Mills

For

R. Paul wilms, Director

WQ:# 2025

.. ITA .r.mr.ff11 . ... . SEAMON, WHITESIDE
iI /I/Iff L/ U& ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING
PLANNING

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January 12, 1987

~lr. Bill Mills
N.C. Dept. of Natural Resources & Community Development
Division of Environmental Management
Operations Branch, Water Quality Section
P.O. Box 27687
Raleigh, NC 27611-7687

SPINNAKER POINTE
CAROLINA BEACH, NORTH CAROLINA

This letter comes to you as a result of a conversation I had with
David Cotton of the Wilmington Office on January 9, 1987. Our
conversation concerned the required 401 certificate for the
Spinnaker Pointe project in Carolina Beach, North Carolina.

We would at this time request for our client, Spinnaker Pointe,
Ltd.. a 401 certificate for the rip rap breakwater placement.
Please see the enclosed copies of letters that will provide you
with the necessary background information. Also enclosed you will
find a site plan that shows the location of this rip rap
breakwater.

Thank you for your assistance with this matter and with your
expeditious handling of this process. If you require any other
information or if I can be of any other service please do not
hesitate to contact me directly.

INC.

cc: Bob Stroud
Gil Miller
James Ham

1051 HIGHWW 17 BY-PASS, SUITE C
MT, PLEt\SANT, s.c. 29.164 [/~_1
[phone] 1 i~-

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Public Notice of Application for
Water Quality Certification

The North Carolina Division of Environmental Management of the Depart-
ment of Natural Resources and Community Development has received an applica-

tion from the Seamon, Whiteslde& Associates, Inc., Mt. Pleasant, S. C.
," - ) for a Water Quality Certification pursuant to Section 401 of the
Federal Clean Water Act as a~nd~d. The activity for which the Certification

is sought . to construct a stone bre[,kwater for the Spinnaker Pointe 'proj ect
adjacent to th'e Atlantic Intracoastal Waten,ay near Carolina Beach in New
Hanover County

The public is invited to comment on the impact of the proposed project
on water quality. A copy of the application may be inspected at the Depart-
ment's office in Raleigh, Archda1e Building, 512 N. Salisbury Street, Room
923 or thE: -Wilmington Regional Office, 1225. Hrtgnt6viHe Ave~";" Wilming.t:O-fii'l_
N.C., during normal work hours. Comments must be submitted in writing no later
than _Februa;.-y 14,-198Uly comments should be addressed to the N.C. Division of
Environmental Management, Water Quality Section, P.O. Box 27687, Raleigh, N.C.
27611. Any questions regarding the Application can be directed to Mr. William
Mills at [phone], Est. 113.

Jan. "27: 1987 ,,~ .
Date

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. Paul Wilms, Director
N.C. Division of Environmental Mgm't.

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I ANDSCAPE ARCHITECTURE
CIVIL ENGINEERING
PLANNING

December 8, 1986

Mr. John Parker
Permits Coordinator
Office of Coastal Management
Archdale Building, 13th Floor
512 North Salisbury Street
Raleigh, NC 27611

SPINNAKER POINTE
CAROLINA BEACH, NORTH CAROLINA

Based on conversations with the owner of Spinnaker Pointe we are
sending this to revise our letter dated November 13, 1986 which was
sent to your office.

In that letter our client requested a minor modification in that a
timber breakwater be installed along t~uter perimeter of the
outside floating dock.

We would, at this time, ask if we can revise this request to
utilize a rip rap breakwater rather than the timber breakwater.

The rip rap would be 12 feet wide at its base, 2 feet wide at its
peak and 5 feet high. The rock would be sized in a range of 250
lbs. to 1000 lbs. The sides of the breakwater would have an angle
of repose of 45 degrees maximum. These dimensions are, of course,
approximate. All of the rock shall be placed on engineering
fabric.

The location of this rip rap breakwater will occur on an existing
shoal, which is the same location as where the timber breakwater
would have occupied.

The reason the client is requesting this revision is primarily
material durability and coincidental to that, its effectiveness.
There is also a benefit to the fish micro habitat due to this clean
rock environment provided.

Every effort shall also be made to make this rip rap breakwater an '
undesirable fishing location. To this end the breakwater will be
narrowed to one foot at the peak where it ties into the beach.

1051 HIGHWAY 17 13Y-PASS, SUITE C
,\IT. PLEASANT. s.c. 29464
(/lOJ) !384-16()7

...,1 ~~

L~TTER TO JOHN PARKER
December 8, 1986
Page 2 of 2

Also, the top will purposefully be jagged to create an intimidating
walking surface.

Please inform us of your decision at your earliest convenience.

Thank you for your continuing support and assistance with this
project. Should you need any additional information or have any
questions please call our office.

SEAMON, WHITESIDE AND ASSOCIATES, INC.

~-P.~J..

Stuart D. Whiteside, P.E.
Vice President

SDW/lsr

cc: James Ham
Gil Miller
Ben Staples
Bob Stroud

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SEAMONiWHITESIDE
& ASSOC AlES, INC.

LANDSCAPE ARCHITEaURE
CIVIL ENGINEERING
PLANNING

November 13, 1986

Mr. John Parker
Permits Coordinator
Office of Coastal Management
Archdale Building, 13th Floor
512 North Salisbury Street -
Raleigh, NC 27611

SPINNAKER POINTE
CAROLINA BEACH, NORTH CAROLINA

Based on your letter dated January 23, 1986, the Office of Coastal
Management granted a 12 month extension to Permit No. 13-81 for the
construction of a marina and site facilities at the Spinnaker
Pointe project in Carolina Beach, North Carolina. However, marina
construction has been set back due to construction delivery delays
and other related problems.

The remaining site construction is now estimated to require two to
three years to complete. Therefore we are requesting for the
owners, Spinnaker pointe, Ltd., a renewal of this permit for an
additio~al 12 months.

At this time the owner would also like to introduce two minor
modifications to the original dated site plan of June, 1984. The
first concerns constructing a timber break water (see enclosed
drawing) along the outside edge of the perimeter floating dock of
the marina.

The second minor modification deals with a refinement of the
architectural layout of the buildings along the site perimeter.
These buildings have had their footprint rearranged to increase the
view availability, architectural aesthetics and to increase
landscapable areas. Let us make it clear that the number of units
per building has not changed, just the footprint configuration.
Also. the Phase II area in the center of the site (which utilizes
the same building types as Phase I and of which construction will
begin soon) remains relatively unchanged. The owner feels that.
these building refinements are an' improvement over the June, 1984
plan and a better utilization of the site.

1051 HIGHWAY 17 BY-PASS, SUITE C
MT. PLEASANT. s.c. 29464
[phone]

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LETTER TO JOHN PARKER
November 13, 1986
Page 2 of 2

The following numbers compiled by this office should reinforce the
owner's decision:

June, 1984 Layout

Building Pad Area
Asphalt Area
Tennis & Pool Area
Landscape Area

140,060 S.F.
361,261 S.F.
42,329 S.F.
12.6 Ac.

October, 1986 Layout

Building Pad Area
Asphalt Area
Tennis & Pool Area
Landscape Area

197~405 S.F.
292,984 S.F.
24,975 S.F.
13.5 Ac.

As you can see, the landscape area has increased substantially.

Attached are copies of the erosion control plan for the June, 1984
submittal, marina submittal and October~ 1986 site plan. The June,
1984 erosion control and drainage plan shall configure into these
suggested modifications and shall remain basically the same.
However, perforated pipe shall be utilized as much as possible to
reduce runoff into the marsh. The owner is also cognizant of the
drainage and erosion control guidelines of the June, 1984 permit
and will follow them as required.

Should you need additional information or have any questions,
please call our office.

SEAMON. WHITESIDE AND ASSOCIATES, INC.

~ -Po Wkiti~flck

Stuart D. Whiteside, P.E.
Vice President

SDW/lsr

cc: Bob Stroud
James Ham
Ben Staples