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HomeMy WebLinkAbout20040986 Ver 1_COMPLETE FILE_20040616 Q?PPt?,ENT OF tyFym United States Department of the Interior X FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 ?'4ACH a Vb Raleigh, North Carolina 27636.3726 August 6, 2004 WETLANDS/ 401 GROUP Mr. Henry Wicker AUG 1 S 2004 U. S. Army Corps of Engineers WATER QUALITY Wilmington Regulatory Field Office SECTION P. O. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Action ID # 200400934, 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 July 13, 2004. The applicant, the Town of North Topsail Beach, has applied for a Department of the Army (DA) permit to construct Phase II of the public North Topsail Beach Park. Phase Il consists of approximately four acres of the overall six-acre facility. The land is owned by the State of North Carolina and leased to the applicant. The facility is adjacent to Alligator Bay which is classified as SA-Outstanding Resource Waters and is designated as a Primary Nursery Area by the North Carolina Division of Marine Fisheries. 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 of fish and 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 Activities and Environmental Impacts The Field Investigation Report (FIR) of the North Carolina Division of Coastal Management (NCDCM), dated June 15, 2004, states that the applicant proposes to construct a fishing pier, kayak/canoe launch pier, 22-space paved parking lot, tennis courts, picnic shelter, restrooms, concession building, and handicap accessible walking path. The proposed walking path would be built of concrete, five feet wide by 1,000 feet long. No dredging or wetland fill would be required. Overall, the proposed work would shade 550 square feet (ft) of coastal and 404 wetlands (given the FIR, Section 10 as 400 ft), incorporate 1,050 ft2 of open water, and incorporate 1,200 ft2 of public trust area. The total built upon area within the 575-foot Coastal Shoreline Area of Environmental Concern (AEC) would be approximately 19 percent. 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 located near the boundary of the Sneads Ferry and Spicer Bay quads. The occurrence data of special status species within these quads can be obtained on the internet at < http://www.ncsparks.net/nhp/quad.htniI >. Our review indicates that the only federally listed species likely to occur near the project area is the West Indian manatee (Trichechus manatus), a federally-endangered mammal. The species is known to occur in the coastal waters of Pender County. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatees may use 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. Most of the in-water construction would be built in estuarine waters less than three deep at high tide. Project drawings indicate that roughly half of the fishing pier and kayak/canoe launch pier would be over the intertidal zone. Furthermore, no dredging or fill is proposed. Therefore, there is a very low probability that manatees would occur in the project site. Service Recommendations Based on information given in the FIR and permit application, 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. The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled. However, the Corps must reconsider its obligations under section 7 of the ESA if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner which 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. The Service supports the 16 conditions given by the NCDCM. However, condition four states that the fishing pier and kayak/canoe launch built over coastal wetlands should be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. The FIR states that these structures would "shade" 550 ft2 , or 400 ft2, of "high marsh and 404 wetlands." The Service is concerned that low piers could harm marsh vegetation by blocking sunlight. We believe that three feet is not enough to ensure adequate sunlight penetration. Smooth cordgrass (Spartina alterniflora) can range from one to eight feet tall. We recommend that the lowest part of any structure build over vegetated wetlands should be least four feet above the bottom as stated in a special condition of the Corps' Regional General Permit #197800056. The Service recommends that pervious surfaces be used to the greatest extent possible in developing the park. This is especially important since the entire property is located in the 575- foot Coastal Shoreline Area of Environmental Concern (AEC) adjacent to water classified as Outstanding Resource Waters (ORW). The proposed concrete walkway (5 feet by 1,000 feet) and the paved parking area (60 feet by 130 feet) would create a total of 12,800 ft2 of impervious surface. The Service recommends that landscape blocks be considered for these areas. Such blocks, also referred to as infiltration blocks or modular paving blocks, create a firm surface but minimize the amount of impervious area, allow vegetation to grow, and allow precipitation to infiltrate into the subsurface soil. The open portion of the blocks reduces runoff volumes. Surface vegetation growing in the open portions will trap some sediment and nutrient from surface runoff. However, we realize that the use of such block would need to be consistent with the goal of maintaining access for the handicapped. With due consideration of the recommendations given above, we believe that the proposed activity will not have significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. Therefore, we do not object, from the standpoint of fish and wildlife resources, to the issuance of a DA permit for the proposed work. 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 by e-mail at < howard_hall@fws.gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. Sincerely, /Jlr-L , 41?-? ohn Hammond Acting Ecological Services Supervisor cc: Jeff Weller, FWS, Atlanta, GA Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA Ron Sechler, NOAA Fisheries, Beaufort, NC Bennett Wynne, NC Wildlife Resources Commission, Kinston, NC Jim Gregson, NC Division of Coastal Management, Wilmington, NC John Dorney, NC Division of Water Quality, Raleigh, NC MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Noelle Lutheran WQ Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name North Topsail Beach Park Phase II Project Number 04 0986 Recvd From DCM Received Date 6/16/04 Recvd By Region Project Type recreational facilities County Onslow County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME LAMA Waters O Y OO N 119-39-3 SA ORW 30,502. 6.02F - I - 7" 4040 Y O N r- 19-39-3-1 SA HQW 30,502. 0.01 F- F_ OY ON f __F-F_F_F_F-I I F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? Q Y Q N Recommendation: Q Issue p Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: No 401 is needed. JHS 6/25/04 cc: Regional Office Central Office Page Number 1 AAA 0 40986 HCDENR 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 June 15, 2004 MEMORANDUM: TO: John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: SUBJECT: Applicant: Project Location: Doug Huggett Major Permits Processing Coordinator WETLANDS/ 401 GROUP JUN 1 6 2004 WATER QUALITY SECTION CAMA/DREDGE & FILL Permit Application Review North Topsail Beach Park Phase II Onslow County, adjacent Stump Sound, at property located along NCSR 1568, in North Topsail Beach. Proposed Project: Proposes to complete Phase II of the public North Topsail Beach Park. Facilities include a fishing pier, kayak/canoe launch pier, parking lot, tennis court, picnic shelter, restrooms, concession bldg., and a handicap accessible walking path. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2004.If you have any questions regarding the proposed project, please contact Stoney Mathis at (910) 395-3900. 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 comment on the proposed project. This agency approves of 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 DATE 121 ar Ina rive x I ming on, orth Carolina 2840b-384b Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer -50% Recycled 110% Post Consumer Paper I , DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICAN'T'S NAME: North Topsail Beach Park Phase II 2. LOCATION OF PROJECT SITE: North Topsail Beach Park Phase II, adjacent to Stump Sound, at property located along NCSR 1568, in North Topsail Beach, in Onslow County. Photo Index - 2000: 28-386 Q-S 7-9 1995: 28-373'R-T 6-8 1989: 4 167 11 P-R 20-22 State Plane Coordinates - X: 2478550 Y: 275584 Rover File: P051319A 3. MIESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/12/04, 6/9/04 ; Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 5/04/04 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of North Topsail Beach Land Classification From LUP - Urban Transition, Conservation (B) AEC(s) Involved: CW, ES, EW, PT, OH (C) Water Dependent: Pier and canoe launch - Yes; Upland Development - No (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - North Topsail Utilities Sewer System (F) Type of Structures: Existing - Pier, gazebo, parking lot, basketball court, picnic shelter, volleyball court, and "tot lot" play station with fence at Phase I location Planned - Fishing pier, kayak/canoe launch pier, parking lot, tennis court, picnic shelter, restrooms and concessions building, and a handicap accessible walking path. (G) Estimated Rate of Erosion: 2 ft/yr ; 7. HABITAT DESCRIPTION: Source - LTASCR [AREA] nPI:7 nrn VTT T r:Tl n rT Tr. Ti (A) Vegetated Wetlands (404 & Coastal) 550 sq. ft. of coastal wetlands and 404 (shaded) (B) Non-Vegetated Wetlands (Open Water) 1,050 sq. ft. (incorporated) )Other High ground 1.5 acres (disturbed) (D) Total Area Disturbed: 1.9 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to complete Phase II of the public North Topsail Beach Park. The proposed facilities include a fishing pier, kayak/canoe launch pier, parking lot, tennis court, picnic shelter, restrooms and concessions building, and a handicap accessible walking path. North Topsail Beach Park Phase II Page Two 9. PROJECT DESCRIPTION The project site is located adjacent to NCSR 1568 in the Town of North Topsail Beach in Onslow County. The property is adjacent to Stump Sound / Alligator Bay / Mason Creek and is directly across NCSR 1568 from Onslow County Beach Access #4. To find the property travel approximately 1.5 miles northeast from the intersection of NC HWY 210 and NCSR 1568. The project site for Phase II of the park consists of approximately 4 acres of the original 6 acres dedicated to Phase I and Phase II of the park. The project property is owned by the State of North Carolina and leased to the Town of North Topsail Beach per an agreement entered into on October 30, 2002. The 4 acre parcel for Phase H consists of a sandy overwash area on the northwest side of SR 1568 that transitions to a wooded area bordered by coastal marsh and open waters. The uplands area extends in a waterward direction from the road as a 350' long peninsula along the southwest side of the property and recesses sharply to within 220' of the road along the northeast side of the property. The 404 wetlands and coastal wetlands follow a similar line to that of the adjacent uplands area. The sandy overwash area adjacent to the road is vegetated with Bitter Panicum (Panicum amarum), Salt Meadow Hay (Spartina patens), Pennywort (Hydrocotyle bonariensis), Trumpet Vine (Campsis radicans), and American Beach Grass (Ammophila breviligulata). The sandy area adjacent to the road transitions to the wooded area that is vegetated with Live Oak (Quercus virginiana), Southern Waxmyrde (Myrica cerifera), Red Bay (Persea borbonia), Red Cedar (Juniperus virginiana), Catbrier (Smilax bona-noz), and Poison Ivy (Rhus radicans). The wooded area transitions to high marsh bays and fringes. The high marsh areas are vegetated with Salt Grass (Distichlis spicata), Groundsel Bush (Baccharis halimifolia), Marsh Elder (Iva frutesens), Cattails (Typha spp. ), and Black Needlerush (Juncos roemerianus). The high marsh transitions to low marsh vegetated with Smooth Cord Grass (Spartina alterniflora). A series of canals cuts through the low marsh and connects into Mason Creek just beyond the low marsh. A Coastal Wetland and 404 Wetland delineation have been conducted for the property. The 404 wetlands line has been approved by the US Army Corps of Engineers. The property for Phase R of the park has approximately 435' of shoreline along Mason Creek. There is a total of about 687' of shoreline along Mason Creek for the combined property of Phase I and Phase II. Mason Creek is a tributary of Alligator Bay and extends for approximately 2000 feet between the land bordering NCSR 1568 and an adjacent subdivision known as Osprey Point. The creek receives drainage from a network of mosquito ditches behind Osprey Poinf'and the North Topsail Beach Town Hall. At the project site Mason Creek measures approximately 300' across. The entire project falls within one or more Area(s) of Environmental Concern (AEC). At its closest point, the property is approximately 200' from the first line of stable, natural vegetation along the ocean front. The long term average annual erosion rate for this portion of North Topsail Beach is 2 feet/year. The 100 year storm recession line for this area isl60', creating a total Ocean Erodible Area AEC of 280'. The entire site is also located within the High Hazard Flood Area AEC. Also, the entire property is located in the 575' Coastal Shoreline AEC adjacent to waters classified as Outstanding Resource Waters (ORW). The Town of North Topsail Beach Land Classification Map classifies the upland areas of the project site as Urban Transition and all other areas as Conservation, however, the Land Use Plan includes all Areas of Environmental Concern as well as 404 wetlands in the Conservation class. The waters of Alligator Bay are classified SA-ORW by the Division of Water Quality. The area is designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is open to the taking of shellfish. The'Town of North Topsail Beach Park Page Three The Town of North Topsail Beach proposes to construct Phase II of a town park for visitors and residents of North Topsail Beach. The project would include the initial grading and clearing of approximately 1.5 acres of the property to prepare the site for development. Development plans include a 22 space paved parking lot, a tennis court, picnic shelter, restroom/concession facility, a walking path, a kayak/canoe launch, and a fishing pier. The parking lot would have a single entrance from NCSR 1568, would measure approximately 60' wide by approximately 130' long, and would be paved. The tennis court would have an asphalt surface and would measure approximately 100'x110'. The picnic shelter would measure 35'x15'. The restroom/concession facility would measure 24'x30' and is located adjacent to the picnic shelter. The proposed walking path would be made of concrete and would measure 5' in width and would run a total length of about 1000' connecting various parts of the park. The cleared area along the path would measure about 15' to 20' in width. Benches and handicap turnaround/exercise areas would be placed at various locations along the walking path. The proposed kayak/canoe launch would be located near the western side of the Phase I property and would extend into the water to the northwest; the launch walkway would measure 6' wide and would extend over about 28' of marsh and 20' of open water. At the end of the walkway, a ramp would connect to a 20' x 10' float that would serve for launching the vessels; water depths at the end of the structure would be approximately -2' at MLW. The proposed fishing pier would originate from the point of the peninsula near the southwest edge of the property for Phase II and would extend to the west. The fishing pier walkway would measure 6' in width and would extend over about 58' of marsh, span a canal ditch about 10' in width, cross approximately 10' more of low marsh, finally terminating 44' into the open water of Mason Creek. A 20'x20' platform would be constructed at the end of the fishing pier. The total length of the fishing pier into the open waters of Mason would be about 65' from the edge of the marsh. No docking spaces are proposed with this structure. Water depths at the end of the structure would be approximately -2' at MLW. The tennis court, parking lot, picnic shelter, restroom/concession facility, and walking path would all be located landward of Coastal and 404 Wetlands and at least 30' landward of Normal High Water (NHW). 10. ANTICIPATED E%IPACTS: The project would result in the grading and disturbing of approximately 1.5 acres of uplands to prepare the site for development. The proposed kayak/canoe launch and fishing pier would result in the shading of about 400 sq. ft. of high marsh and 404 wetlands and the incorporation of approximately 1,050 sq. ft. of open waters and 1,200 sq. ft. of public trust area. The total built upon area within the 575' Coastal Shoreline AEC would be about 19%. The applicant has received a State Stormwater Permit from the Division of Water Quality (Permit No. SW8 011219). The applicant also has an approved Sedimentation Control Plan for the project (Onslo-2004-227). The water supply for the park would be the Onslow County Water System. The applicant has requested wastewater disposal from the North Topsail Beach Sewer Utility and has submitted a copy of their request letter. The town is also investigating the potential for an on site septic system with the Onslow County Health Department. Submitted by: Stonewall Mathis Date: June 15, 2004 Office: Wilmington Recommendations for State Permit - North Topsail Beach Park Phase II 6/15/04 The square footage of proposed docks is calculated as follows: Fishing pier (proposed) 400 sq. ft. (20'x20' platform) Canoe Launch (proposed) 488 sq. ft. (20'x10' floating launch, 48'x6' walk) Gazebo (existing at Phase 1) 400 sq. ft. (20'x20' platform) total 1288 sq. ft. Linear footage of shoreline for Phase I and Phase II is 687 ft. Total allowable sq. footage is 687 x 4 = 2748 sq. ft. It appears that the proposed pier structures can fit within the applicant's riparian corridor. Permit issuance is recommended with inclusion of the following conditions: 1. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the facility. Any unauthorized sewage discharge at the facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted facility. 2. This permit authorizes only the piers and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 3. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 4. Any portion of the permitted fishing pier and kayak/canoe launch built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 5. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6. The authorized structures and associated activities shall not cause an unacceptable interference with navigation. 7. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8. The permittee shall install and maintain at the permittee's expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9. The kayak/canoe launch and the fishing pier facilities shall not be designed to provide temporary or permanent boat dockage. Motor vessels shall not be permanently or temporarily moored at the facility. 10. In order to protect water quality, runoff from the construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11. The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 12. Appropriate sedimentation and erosion control devices, measures, and structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses, and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 13. A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. 14. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands shall not occur. 15. All development shall be designed and placed to be stable and minimize damage during applicable fluctuations in ground elevation and wave forces during a 100 year storm. 16. All development projects, proposals, and designs shall limit the built upon area in the AEC to no more than 25 percent or any lower site specific percentage as adopted by the EMC as necessary to protect the exceptional water quality and outstanding resource values of the ORW, and shall have no stormwater collection system. NOTE: The permittee and/or his contractor shall meet with a representative of the Division at the site within two weeks prior to project initiation. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any development to schedule a meeting. NOTE: This permit does not eliminate the need to obtain any additional state, federal, or local permits, approvals, or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. Form DONI-NIP-1 APPLICATION (To be completed by all applicants) b. City, town, communi pr landmark North Tops ?11 Beach 1. APPLICANT a. Landowner: c. Street address or secondary road number NCSR 1568 Name State of North Carolina d. Is proposed work within city limits or planning jurisdiction? X Yes No Address e. Name of body of water nearest project (e.g. river, City Raleigh State NC ` -creek, sound, bay) Mason Creek, Alligator. Bay Zip 27603 Dav Phone Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Don Betz, Town Manager a. List all development aaivities ou r 7 7, Address 2008 Loggerhead Court City North Topsail Bea fLe NC Zip 28460 Day Phone (910) 328-1349 Fax (910)328-4508 C. Project name (if any) North Topsail Beach Park, Phase II AOT£: Perncr will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Onslow *Permit applicant is the Town of Court, North Topsail Beach, NC y p opose {e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Town park including pier, canoe launching, parking lot, terints court, picnic s e er, res s a.n an icappe accessi. waiKing pain. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Provide park for Town of North Topsail Beach property owners and visitors. onven tonal construction methods using ozers and motor graders to a use 1n site construction. North Topsail Beach, 2008 Loggerhead 28460; Don Betz, Town Manager 328-1349 Revised 03/95 Form DC?N-NIP-1 4. LAND AND WATER m: Describe existing wastewater treatment facilities. North Topsail Utilities Sewer CHARACTERISTICS s y s t e m a. Sue of entire tract 6.0 acres +/- n. Describe location and type of discharges to waters N/A of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater,. industrial/commercial effluent, "wash down" and residential discharges.) c. Approxt? a t% elevation of tract above MHW or Surface runoff U - NWL ft. d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. sand Onslow County Water System e. Vegetation on tra live oaks, beach grasses, and o .er maritime vegetation. ?. f. Man-made features now on tract None 5= . ADDITIONAL INFORMATION' it, What is the CAMA Land Use . Plan land classification of the site? (con==, ae Jo land use pl=.) : "' addit on to the completed application form, the foll6wing-ae rns must be submitted: Conservation X Tram. itional Developed Community_ , \r`, A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims tide to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then R-20 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Anach zoning Compliance crru j. Hzs a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? 1:. Is .the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes . X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? Yes (Aaach doau enuuion, if available) • An accurate, dated work, plat (including plan view and cross-sectional drawings) dawn to scale in black ink on an 8 112" by 11 " white paper. (Refer to Coastal Resources Commission Rule 710203 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 an adequate number of 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 Rrvised 03!95 Form DCNI-NIP-1 site, Include highway or secondary road (SR) numbers, landmarks, and the like. A Stormwater Certification, if one is necessary. Applied for the permit on February 11, 2004 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 furiber certifies that such notice has been provided. Name Ocean Club Village, LLC Address 550 Forest Brook Road Phone Myrtle Beac SC • • Name -Crystal Shores, Inc. Address 1900 Eastwood Road, Suite 10 pb,W Wilmington, NC 28403 Na_?e Ad dress Phone • A lkst of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 'Permit No. 30-02, Issued 03/21/02. Issued To: Town of North Topsail _ Beach. NC • A check: foi $250 made payable to the Department of Environment, Health, and Natural Resources (DEI- NR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I 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. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 in 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 day of )J912 0 4 4 Print Name Don Betz, Town Manager &7 e L - 5zo-'X? Lm,downrr Aurborized Ag-9 D o n B e t z Town Manager, Town of North Topsail Beach Please indicate attachments pertaining to your proposed project. - DCM MP-2 Excavation and Fill Information, X 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 &iachment in the s?ace-providediat the bottom of each form. Revised 03195 Form DCh?-NIP-3 UPLA ND - DEVEL OP ME _ NT :. (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major P h. Projects that require a CAMA Major Develo ment ermit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relat t t i p Permit may also require a Stormwater Certification. e o h s proposed project. Has a site development plan been submitted to the Division of Environmental Management for review? a. Type and number of buildings, facilities, units or X Yes. No If yes, date submitted 02/11/04 structures proposed Rest room facility and picnic shelter i De ib . scr e proposed method of sewage disposal. b N b 0 4 Community Wastewater System . um +/- acre er of lots or parcels . ar l p ce c. Density (give the number of residential units and the . ave the described , race ved statecor local approval? mYets i' above units per acre) N/A (A nacb approp,i-e do---zad-) - k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed wagers of the state (for example, surface runoff including roads, ditches, etc. 2.18 acres to be disturbed , sanitary wastewater, industrial/commercial effluent, " wasb down" and resid ti l di en a scharges). Surface runoff 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 1. Describe proposed drinking water supply source applicable, has a sedimentation and erosion control lan been sub i d (e.g. well, community, public system, etc.) On l C - p m tte to the Division of Land s ow ounty Water System Resources? Yes X No if yes, date submitted 02/11-7 ? in. Will water be impounded? Yes X No Permit received If yes, bow many acres? f. List the materials (such. as marl, paver stone, asphalt, or concrete) to be used for aved surfaces. A h lt ? n. If the project is a oceanfront development hen sp a for parking lo , foot path was the lot(s) platted and recorded? Id?A tennis courts. North Topsail Beach Park, Phase II g. Give the percentage of the tract within 75 feet of Ap 'cant or ed Name MEW or NWL, or within 575 feet in the case of an Outstandin Resou ce W g r ater, to be covered by impervious and/or built-upon surfaces such as signature Don Betz, Town Manager , pavement, buildings, rooftops, or to be used for April 30, 2004 vehicular driveways or parking. 15°4 ?? Revised 03195 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-I. 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 1Fishing Pier, 1'aanoe Launch , 50-' (3) Length 150' - (4) Width bi -X (5) Finger Piers Yes No (i) Number Ci) Length f. (iii) Width (6) Platform(s) X Yes No . (i) Number 2 (ii) Length 20, (iii) Width 10' (7) Number of slips proposed 0 9. (8) Proximity of structure to adjacent riparian property lines -40 +/- (9) Width of water body 4., 500' + - (10) Water depth at waterward end of pier at MLW or NWL 2 ft +/- b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length (s) N/A d. Break-water (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 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 shoreline Mooring structure (boatlift, mooring pilings, etc.) NA (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width Other (Give co„plete description) North Topsail Beach Park, Phase I7 App4mnt or Ppelw Name Signature /Don Betz, Town Manager April 30, 2004 Date Revised 03!95 Wetlands Line Table CAMA Line Table MHW Line Table V.-5/109-ZLF-Add labels to points. CRYSTAL SHORES SECTION II M.D. 33, PG. M I l I (19 i I I / r-A- \ \ \ - MASON GREEK - // \ \ \`?•? / \ - acs ? Ud F ?' >r 9 all rV 1 ? C IJIM V se loc 20-A I fic 9C I 90, mint C '? I I See / I I low % I POINT F t 33.7e v CIS; kno" Not to see" I I I I I I I I I I I I I / Point E? I I // 1L1? C ?r , v ! 1 IJ MAY 2 7 2004 DIVISION OF [+AIANAC-.F BENT PORTION OF TRACT I D.D. = M. JA A 's. Idlron Stake Fond PKF - P.K. Nail Found RRSF - Railroad IWks Fond RISE - Rdawwe Iran Stdoe Found -- Wetland Line . Corm Line -••-- MHW (Mom Nigh Hater) R/W -------------------- PORTION OF TRACT II D.D. 9S9, M. 71 S i0'43'16' W - 963. TO NEW RIVER INLET /'(.yam--POINT D :]W a 3 OCEAN CLUD VILLAGE 3 M.S. Ail PG. d N I bill" Net ol. i Ocean m Club Court I 50' R/ W I i 1 1 I ISF I ' S 29'4i'69' E-?{ 29.%' 1 - - - - - 70.00' _ NEW RIVER INLET ROAD P'LP rt N.C.S.R.1568 60' RJW - - - - - - - - - - ------------------------- ------------ ----------------------------------------------- Mad B-lu M-01 51. F+ 35-37 R/H C.%laor F& M- ,Y, ONSLOW COUNTY teo" r- A., 4 W WA PARK NO. 4 lert w.. - D.D. 9S9, PG. 74 All w...- . W? wm4cc srxwwtmewy lice. 1, Robert E. artily that this 404 Netlandasurvei wia drawn under my Supervision completed an Dsoember 12 .2b02. That this map is true and cornc o st of my knowledge and belief, that thisapp was not prepared for recording purposes, conveyance or sales. Witness my hand and seal this ?sr day of M A :2 , 2003. Robert r, r., ..., - N 'CARKf%_ • SEAL L-2990 Q ' r • ••, F WI ?a4+uun<<'` Corps of tnoineers Confirmation Certificate This certifies that this cop of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act pursuant to the 1987 Corps of engineers Wetlands Delineation Manual as determined by the undersigned on this date. Unless then is a change in the law or our published regulations, this determination of section 404 jurisdiction may be relied upon for a period of five years from this date. gnatuc of U.S. Army o o Engineers official Date Name Title Wetlands Delineation Map NORTH TOPSAIL BEACH PARK PHASE II 9NAM 90UM TW.. ON5U W CO.. NORM CAMUNA r'm TOWN OF NORTH TOPSAIL BEACH DATE;06/2= I SCALE; I'-60 i L Y CONCRETE PAM TALL BE CONSTRUCTED WITH LIMITED CLEARING TO K BG[ L ALL wSRRNED RIVER1 VITH MIIVND MAIM NO 1lICHIIE CLEARING 1007 N0.1Rp AYES. HAUL iT0aP0.ES, AID IIIT -( i 2 ONLY AREA( WITHIN CLEARING LIMITS SMALL BE CLEAR CUT AND GRITTED 6 ALL ! SLLT /ORt Ally IPACON6 R M FEET APART WIil01f WIDE BA0QNG OR A STUN AND MINT MATERIAL TOPSOIL TO BE REDISTIIUTEA 0 FEET A?MT WITH WNW DAL1101G / i j V 1, tt . D. EXISTING GRAVEL PMRIG LOT SHALL K FD[ GRAKO TO ESTAK13H SUFAU N 74 S/MAN ELECTRIC CEM AFTER CONSTRUCTION PROPOSED 7,,?g1o .. .00 , f - l LIGOF SITE HTING E; ASPHALT PROVIE DIVAt LWNIEIWICL Ml) COMPLETL ' 1 :I•,t FISHING PIER ` ,•..?. , X5.09' , S. ALL WATER LINES TO K INSTALLED, TESTED, CHLORINATED NO FLUSHNU PER MOST L ILL 0103M NO SEDDON CONTROL PRACTICES WILL K CHWMD FOR STABILITY AMC .i •Y, l / . • 20 l RECENT AWA STANDARD!. OPERATOR FOLDVMO EVENT VARWr-PROMON RAINFALL. NO N NO CASE LESS THAN ' , ?? ... L CONTRACTOR SWILL PROVIDE SAIPINTL POSTS. AND NETS FOR TENNIS COURT ONCE EVQI WEM Alf NEEDED REPAIRS WILL K MAX DIEDIATST TO MAINTAIN PRACTICES As 2' PVC WRAPPED / PER (ACTH CAROLINA HIGH SCH10M. STANDARDS. LANDS 40 ?L'O If1ILICFEN ENIIINICES / L ALL VOL BE POtEDBALLr 1GR -BESA/ WITH AN ADDITIONAL t WHH Y INSULATION ,r 7-CONTRACTOR VLLL NOT DISTURB IR/ WETLANDS S40G LIES. : .......... _ DID[s GR N DtGK TO NADRAN PRIER 10M AR 7[OIONt THAT R /RACNEO MOUNT ON PIER - / INTO THE $TRECT VILL BE REMOVED. S SEBMN VLL BE REOVO FROM TIETSOMM 71W AO RmL AND GRAVEL D4R PROTECT= KVKC WHEN STORAGE CAPACITY HAS KEN APPRIDUMATELY SIX FILLED, GRAVEL WILL CLEANED RPLAISS WNW THE DDOO PC.. No LONGER DRAINS r'- ALLIGATOR BAY PRPOLY. y? AND STUMP SOUND 4. SEDDON WILL K REMOVED FI01 MOON THE SEDOlM FOES WHEN O. BECOMES SA URV WATERS PROPOSED ?? 1D? SRS. STEM BDE¢?D 6 REPAIRED FEET APART ?tt YVW PHASE II W 3MG IS UAD WITH A D FNf ZINC SPACER S. THE SERDOIT DASH WILL K CEEAED MR WHEN THE LEVEL Or SEDIMENT REACES DA PROPERTY LINE FEET BELOW THE TOP P Tt RISCR GRAVEL WILL K CLEWED M FORAM WHEN THE N SCODBR Pte. NO LONGER DRAD6 PRM7&T. ALL SEEDED AREAS VILL K FENTLLIIIL KSCEKD AS NECESSARY. AND XXCED ` / , • A I ,p ACEMMN(I TO SPECIFICATIONS N THE VEGETATIVE PUN TO MAINTAIN A VIGOROUS. OEME A VEGETATIVE COVER CONSTRUCTION SCHEDULE; NQ CLEAYjINCi T / CANA15 SKETCHED FORM W ON/TH 910E OF PAT ELL'' A. ?. AERIAL PHOTOGRAPHY In 1. OBTAIN N? j• J J I N E APPROVAL OTHER APPLICABLE PERMIM 2. HOLD PRE-CONSTRUCTION MEET= LEET= AT LEAST ONE PARK PRIOR TO DELRNINO CONSIRUCTIO Z \q l / t. I d 1 BEF CLEARING AND ORIONO OF THE SIM INSTALL PROPOSED ' ?? / I J I ,!' 1 1 w S. BEQI Cl[A010 AND N7Upq OF 11E SITE. CANOE / KAYAK ` .? •? I It ,I - . E ASSAIL 90101 prom NO CLEARING K INSPECTED A-NEEIO.Y AND MCl LAUNCH RAMP I / PHASE EXIS?I,-) /'??? I CACH RAINFALL EVENT. NEEDED REPIW BILL BE MADE ?WEOIATMV. t / I , I uo POO NAATHE ENTIRE COVERED NT VEEGEU A16 T O BE COMPLETED. SIABIZED, ALL TEMPORARY MEASURES WILL BE REVD ? 'ON THIS 510t OF 'PATH 1 -'1 ICI ?? - - YBOEA11M RAN: 1. AIIM CMPIEIE STAGWATION OF THE DMK COVERED AREA, TOP COVER SOTS BILL BE ROUaalm EN MARINO T'-Y OEM GGNVES PEIPENM" TO THE APE, G ! t !'? ?'--- - Y 2. IPREAD I" 0011SCLt111ML LMEITCHO EVENLY OVER THE AREA N A RATE OF 2 TARS/A ------ z SPRW3011.10-10-10 iLEIEIEER AT A RID[ OF 1000 LD/AOK AND NNKgM1E NEO THE 10P ru OF // ', \' U r r PORTION OF TRACT II S, LOOSEN SINVACE PRIOR TO APPLYM S®. / '? t r q n ; 1 I 5' CONC. PAT D.B. 9j9 PG. M / a S. BROADCAST S®W RECOMMENDED RATR 7? y ( I A : ' a IL RAE S® NTO M SOL AND LIMMY RqI 10 ESTAMUSH 0000 CONTACT, - - - - - - -- ' - 4 D. MULCH PRIM 4000 L9/ACRE ~ SIMON OR EOUARIEHT AND ANCHOR BY BOCHED FINN 7. MW AS NEEDED AID REFEODfEE N WE RARER OR EARLY WNW BY TOPORMM WIT I ` '+ !0-N A' .1.. S10-10-10 FUU12M . GRADED SURFACES SMALL NOT BE EI(POSED OTROIR GRASS =X AGC Fpt MORE THAN 13 OWS. ¦ GRADES ARE NOT COMPLETE AND EIPOENK 6 MORE , TEMPORARY SE I A A ! O N I WITH RYE CRAM AT SO LB/ACRE. I C ! /EXERCISE N + /+y7? STATION Single Single SB HIM Family ` •.• ,?• LEAKING LIMI In `I5; _ Family - T '? 4'x30' RES 5' COOL, PATH - Subdivision Subdivision AND CONCES51 d OCEAN CLUB VILLAGE LOOS z •'` p/i FE-14.5 /- 5- u N& 31, PG 4 LOtS •A? , I,.1, /?? rt ?i??, f ENNI CAURT u , c IA M y, t j . / ?•? '7 r,l o? 00 \ AS'gGL yA?,AC!) A r 1'1 / \ -, K `' >, ?SYFI low ? I ru 2:-- 3- WASHED STONE C ~ NEW 5' CL IC: PA71 !r I ,. ;:// R ?t E ?\ I I OCEAN CLUB rnDT CRYSTAL TFiURES _- ••- t L`' SU I - I 50'UR%W SECTION I H.B. 31, PG. 60 ItlvA,a to I FINE GRADE AND G urcce 4i PAVE EXI5TI A fxlxtln¢J;ravR{ Purkklo ;f( PAVED PARKING AR 4' PARKIN(, AREA FOR THIS PHASE II 0 SPACES A FACE! ni t 4, le _BLV- I RrV '. T la ono TO ?1 14 + W S 60'43'16' V 600.01' D II C MAX. 1 I o' _o °_" o v=w. - _ 4+ NEW POST 4 ROPE FENL - ---- -- PSpko rr..w JUL --+ ------ •---------•- Q-JUXI S229 199 E I dRIF 2 WATER MET - TEMPORART CONSTRUCTION ENTRANCE --- ------ -------------- - ------------------ w- a/v - /v v NEW RIVER INLET ROAD W In G Tio nm a IIOW PMI - ?w r.RR rrrrSfSS4 M1RIINIC PLAN 3Y! ! \' z m -WASHED STOW 9EOTON TEMPORARY CONSTUCTION ENTRANCE NOT TO SOLE NC5R 1566 - 60' R/W ONSLOW COUNTY 1 U L A9F u --- - BEACH ACCESS 004 `ZINC _ ;_QI iEDULE MPPgf{ARY ?EQjt[Q LEGEND OAlf9 IRE NgIIT/I000 s M or 5®.q 011R1lAt4.11000 IF Y/NIWMOL .w - ! U7 NOV. *M AVL m M 10-10-10 M /A "/A A 'A;;,A .., - CAMA MEAN NIGH WATER GUNAN NLL71 1-7 UI AMC TIM AM m L ft 10-10-10 x/A ./A /A -CV- - COASTAL VEGETATION :L 404 WETLANDS m HANDICAP TURNAROUND ERMANENT SEEDING ("1 BENCH 0 WATER FOUNTAIN f.A]i IttI __ _ /MOUNT/IOW IF IMO Or SNINR GUILWKM/1000 R NANAAMIC( 1 (3 BICYCLE RACK 00..M 1-2 UI AnM. IMU A.[ ID Ie to-IO•la LvAON•Arw TAM.- I-I ' NN•RPT 1 { . TML ' 7 IA (011114ICI 70 W 10-10.10 N - IN.N •ow >D/.Otf ??, ? /-X, LIGHT POLE (KENTUCKY SI r N Ltl NMO-M 1 1 LL x 17 W W-xI-II 117R7IA GFN RAI NOT AwAAA N U01 W NNwo pL r 0 40 80 E5: p MR NAY r YtIA N 00x7101 MR MW MOWN CF A I..AA OF Jr iM s TAY MILL ARM= N INM A IM) O A UIYYL M11yyI1lt trM Ir MI i/OR F-M wu A .a?.M V 7r. Ms..M 10MMOR wo S•M80' WY O.. NM I AO .w AIf IMONDdM101 A TUN R MAR WVN"MK MR PG11 NULL IT 7-o NI TAD R O TN - IU" 71YYNl?N a A / QI N ADAM Y 7 O. MH1 TOWN OF MW N MI t1N 1M A* NVI LNr. w RMtp I 1 Iaq . .11IOMwrAN1C iNALL IN PAIgID NORTH TOPSAIL BEACH MA• IT IOM "'M A MINIfI MAIN ALL GTM Ate `R PIAA00 A MUMMY M MR'GIT AS SHOP NORTH TOPSAIL BEACH ONAOR COUNTY NORTH CAROLINA AS B TEMPO NOT M SCALE RARY SILT FENCE ORTH TOPSAIL BEACH PARK WS L S. SITE PLAN/PHASE II NTw- RI HT ANGLE PONRB SQT PAS sTl¢A t-t IDs MARCH TARO AIL A LOS 10.10-10 IP - MARCH to f0 1 LL N,I N/A V CLF1.R LIMITS REVISIONS IDIOM IC SHE IPRO sm 2.. X 10" CAI' CXISIING 4 GROUND 3! 2" X 4" 4" X 4' DRAU 1'051 GWI'S GRAPHIC SCALD 5' t 0' 2'.5' 0 p-TilGHT ANGLE; ? tNQINEENiNQ, P.C. 212 PRINCESS SI. WMINGTON, NC 28401 (910) 251-8544 FAX (910) 251-2708 MHW = 1.00 MLW = -1.00 : PROFILE r0A 4/29/04 NORTH TOPSAIL BEACH PARK 1"5' NORTH CAROLIN rnwrJ nr NORTH TOPSAIL BEACH ONSLOW COUNTY Drown: WSM W14- KAYAK . I'iupcl No; CANO No: I W IING GROUNI) - - - ? I YP. 3. ?I 1O L DGF OI MAR ;I I A I BANK = 1.0 _-/ ((:OASLAI_ VCG L INC) 2" X 10" rnl! ,S U MARII ! LINL 10 U C -- - V- X 4" 4" X 4 RRA(:f F'O;1 X 6" III nl)FR 6" X 6" PILING 10' O.(:, DFPI11 TO RI.FUSAL OR 15 ?MFIW = 1.00 ---- --_?MLW ==1.00 7 ?t I coASTAL f?1Hi - --- ,U' I)l (:K ARIA 'I