HomeMy WebLinkAbout20000714 Ver 1_COMPLETE FILE_20000530DD D 7/y
I
REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403„
June 22, 2000
Regulatory Division
Action ID No. 200001327
Mr. Michael Jones
Snowball, L.L.C.
Post Office Box 730
Atlantic Beach, North Carolina 28512-0730
Dear Mr. Jones:
On August 5, 1996, we renewed general permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from the State of
North Carolina.
A review of your application received, for Department of the Army authorization to construct
a pier with a "T" shaped platform in Bogue View Court Subdivision adjacent to Bogue Sound near
Goose Creek, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization
under this general permit. Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for any reason, you will
be informed regarding its further management. If there are no unresolved differences in State-Federal
positions or policies, the final action taken on your application by the State will result in your receiving
written notice from us that your application is consistent with the general permit and you may
commence your activity. Only after receiving such confirmation should ouy begin work.
I
Your application, pursuant to Section 10 of the River and Harbors Act, has been assigned
Action ID A. 200001327. It will be coordinated by the undersigned, available at telephone (910)
251-4636.11,
Sincerely,
Jeffrey H. Richter
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U. S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dr. Garland B. Pardue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. M. Ted Tyndall, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
Hestron Plaza Two
151-B Highway 24
Morehead City, North Carolina 28557
000-71q
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 25, 2001
Regulatory Division
Action ID No. 200001327 and State Permit No. 183-00
Snowball, LLC
Post Office Box 730
Atlantic Beach, NC 28512
Dear Sir:
Reference your application for a Department of the Army (DA) permit to construct a pier
in Bogue Sound, off NC State Road 1119, near Goose Creek Community, Carteret County,
North Carolina.
Your proposal has been reviewed. The Settlement Agreement dated December 13, 2000,
which deleted the proposed T-head and tie pilings from the application and drawings, has been
found to be consistent with the provisions and objectives of general permit 198000291.
Therefore, you may commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State authorization or conditions
of the general permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Lillette Moore, Wilmington Field Office,
Regulatory Division, telephone (910) 251-4829.
Sincerely,
Wayne Wright, Chief
Regulatory Division
Enclosure
000-7/1
k.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 25, 2001
Regulatory Division
Action ID No. 200001327 and State Permit No. 183-00
Snowball, LLC
Post Office Box 730
Atlantic Beach, NC 28512
Dear Sir:
Reference your application for a Department of the Army (DA) permit to construct a pier
in Bogue Sound, off NC State Road 1119, near Goose Creek Community, Carteret County,
North Carolina.
Your proposal has been reviewed. The Settlement Agreement dated December 13, 2000,
which deleted the proposed T-head and tie pilings from the application and drawings, has been
found to be consistent with the provisions and objectives of general permit 198000291.
Therefore, you may commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State authorization or conditions
of the general permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Lillette Moore, Wilmington Field Office,
Regulatory Division, telephone (910) 251-4829.
Sincerely,
Wayne Wright, Chief
Regulatory Division
Enclosure
Copies Furnished (with enclosure):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. William Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland Purdue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
National Marine Fisheries Service
NOAA
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ted Tyndall, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
Hestron Plaza II, 151-B Highway 24
Morehead City, North Carolina 28557
2
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- NCDENR
,JAMES B. HUNT JR.
GOVERNOR .:,
BILL HOLMAN
SECRETARY
KE RR T. STEVE NS,
DIRECTOR '-`
'
Y A
a
?a 4
J-
R
-•. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
June 8, 2000
MEMO:
To: Doug Huggett
From: John Dome
Re: Snowball Inc.
DWQ# 000714
Carteret County
DWQ staff recommends that the CAMA Permit for this project be
denied due to impacts on SAV within the footprint of the dock and access
channel.
Please call me at (919) 733-9646 if you have any questions.
Cc: DWQ Wilmington Regional Office
Central Files
File Copy
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617
website: h2o.enr.state.mus PHONE 919-733-5083 FAX 919-733-9919
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
MEMORANDUM
TO: John Dorney Regional Contact: J_ Steenhuis
Non-Discharge Branch WO Supervisor: ir. Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Snowball Inc
Project Number 00 0714
Recvd From DCM
Received Date 5/30/00 Recvd By Region
Project Type water platform / residential
County Carteret
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA F--O Y O N F- 20-36 SA oRW 30,501. F-- F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N
Recommendation: Q Issue O Issue/Condo Deny
Provided by Region: Latitude (ddmmss) 344218 Longitude (ddmmss) 765937
Comments:
This office is concerned about the impacts of turbidity on the SAV's that are located within the area.
Turbidity impacts from the installation of the dock will have turbidity and the boats around the shallow
water habitat that no SAV' will be impacted.
cc: Regional Office
Central Office Page Number 1
Facility Name Snowball Inc County Carteret
Project Number 00 0714 Regional Contact: J. Steenhuis
Date: 6/2/2000
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
A
*??Aw
NCDENR
May 24, 2000
JAMES. B. HUNT JR.
GOVERNOR
RA
MEMO
BILL HOLMAN
TO
SECRETARY .
DONNA D. MOFFITT
DIRECTOR
FROM:
SUBJECT:
Applicant:
Project Location:
NORTH CAROLINA EPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
W00l A 4
Mr. Kerr T. Stevens, Director
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Snowball, Inc.
Carteret County, in the White Oak Township, near the Community of
Goose Creek, off NCSR 1119, adjacent to Bogue Sound.
Proposed Project: Proposes to construct a 5' X 400' pier with a 10' X 20' "T"-shaped
platform for water access to a 41-lot residential subdivision.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by June 14, 2000. If you have any questions regarding the proposed project, please
contact Ted Tyndall at (252) 808-2808. 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
MOREHEAD CITY OFFICE
HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: 252-808-2808 FAX: 252-247-3330
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
VMS
DIVISION OF COASTAL MANAGEMENT 1`
FIELD INVESTIGATION REPORT C:)
O
1. APPLICANT'S NAME: Snowball, LLC `
2. LOCATION OF PROJECT SITE: Carteret County, in the White Oak Township, near the Community
of Goose Creek, off NCSR 1119, adjacent to Bogue Sound
Photo Index - 1995: 39-479 (indexed by 0,P41). 1989: 3 160 18 (indexed by F,G,H-16)
State Plane Coordinates - X: 2,603,000 Y: 351,200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 6, 2000
Vas; Applicant Present - No
i
5. PROCESSING PROCEDURE: Application Received Complete - May 12, 2000
Office'- Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES, CW '
(C) Water Dependent: Yes
(D) Intended Use: Residential Community Pier
(E) Wastewater Treatment: Existing - None
Planned - Individual Septic
(F) Type of Structures: Existing None'
Planned' Community pier
(G) Estimated Annual Rate of Erosion: No chronic erosion - only acute, hurricane-related damage
Source - Site Inspection
7. HABITAT DESCRIPTION: [AREA]
DRFT)C'TF.T) PTT .T -F.T) f1TTT P1D
(A) Vegetated Wetlands
Coastal Wetlands 200 fe shaded
(B) Non-Vegetated Wetlands
PT/EW of Bo a Sound 2,334 ft'usurped
(C) Other
(D) Total Area Disturbed: 2,534 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to construct a 5' X 400' pier with a 10' X 20' "T"-
shaped platform for water access to a 41-lot residential subdivision.
FIELD INVESTIGATION REPORT:
.SNOWBALL, LLC/CARTERET COUNTY.
PAGE #2
---------------------------
9. NARRATIVE DESCRIPTION:
Project Setting
The applicants own a 27-acre tract of. land : known as Bogue View Court Subdivision,
located off of SR 1119 (Red Barn Road), near the Community of Goose Creek, adjacent to
Bogue Sound. The subdivision has received sedimentation-erosion control, stormwater, and
local approvals. An access road within the subdivision along with drainage ways and water
lines currently exist on the tract. The tract is essentially a young pine plantation that measures
approximately 2700' X 550'. A 725, long X 32' wide unimproved access strip leads down to
Bogue Sound and the AIWW. k'40' strip of marsh borders the water access strip.
Approximately 16' of that border is characterized by S 12a ina paten s while the next 24' of the
marsh leading into the water is ' dominated by S artina alterniflora. According to the
applicant's plat, water depths in Bogue Sound gradually drop off with to -2.5' below MLW
some 300' offshore. The water depths remain fairly constant as you go offshore and averages
approximately -2.7' at 400' from MHW. Submerged aquatic vegetation is present at the site
and the general area is shown on the plat. An individual cottage with a 410' private pier are
located on the property to the west, while the tract to the east remains essentially undeveloped.
The waters of Bogue Sound at the site are SA'ORW and are open to shellfishing.
Project Description
The applicant proposes to construct a 5'-wide X 400'-long pier with a 10' X 20' "T"-
shaped platform with four "modified" side4o' .slips for riparian access to the residential
property owners within the existing, 414ot Bogue View Court Subdivision. The pier would be
located in the center of the 32'-wide property and no setback waivers have been obtained. No
parking or access road improvements to the"access strip/path are proposed. The "modified"
slips involve two tie-off pilings/per slip' located 20' apart and two feet off the access pier thus
creating a slip area. All but a 2' width of the `access pier, all the tie pilings and all but the
center 2' of the platform encroaches into the, required 15' setback of both adjacent properties.
Anticipated Impacts
The pier would encroach into the 15' minimum setback of both adjacent riparian
property owners. The access pier :would shade approximately 200 ft' of Coastal Wetlands.
Approximately 2,334 ftz of shallow Estuarine Waters/Public Trust Areas would be usurped
with an estimated (according to applicant's plat) 625 ftz of SAVs being subject to the effects of
shaded. There would be some construction-related impacts as a result of the driving of the
pilings for the pier. However, the potential; impact to the shallow SAV habitat as a result of
boat dockage at the pier/dock is the major 'concern. The applicant has stated that a passage
way to the waterway would be marked to` avoid areas of SAVs. Given the length of the
neighboring pier, there should be negligible impact to. navigation.
M. Ted Tyndall - Morehead City Office, May 24, 2000
?azooo 1ggV•d FromM ip U yBEM 9T = ZT 00/60MUS36212I T-42 P-002 F-263
Project Narr$tive
Bogue View Court Pier
may 10, 2000
The applicant proposes to construct a single, five-foot-Wide pier
to provide riparian access for residential property owners within
the existing, 41-lot Bogue View Court subdivision. The existing
subdivision is located outside all applicable AECs, including the
575-foot ORW AEC. The pier and riparian access rights will be
privately owned by the Bogue View Court homeowners association, and
access to the pier will be limited to property owners and their
gusts. The upland subdivision has received all necessary
approvals, including sedimentation-erosion control, storm water and
lopal government approvals. Copies of the approved sed:Lmezntatfon
and erosion control plan, storm water plan, and residential
subdivision layout plan are attached. Lots are presently being
sold in the subdivision.
The applicant has minimized ichpacts to the maxiunam extent
practicable by, among other things.. (1) deleting plans for a boat
ramp in response to prior adverse resource protection agency
comments; (2) proposing only a five-foot-wide pier to minimize any
potential SAV impacts; (3) proposing a pier length long enough to
avoid any potential SAV impacts, but slightly shorter than the
established pier length in the area; (4) only proposing four boat
slips; and (5) only proposing a 120 square foot "T" structure that
is less than four times the unusually narrow 32 feet of riparian
shoreline owned by the applicant.
Due to the unusual configuration of the applicant's riparian
property (i.e., only 32 feet of shoreline associated with a much
larger upland parcel), it is impossible for the applicant to obtain
egy riparian access to deep water without violating the specific
15-foot riparian access dividing line setback use standard
provision in 15A NCAC 5 07H. 0208 (b) (6) (L) _ Therefore, the
applicant requests that the permitting acrency recognize the
applicant's common law right to reasonable riparian access to deep
war,er by applying the provisions of 15A NCAC 5 07H.0208 (a) (3) to
this pr'oa ect . The project does further public goals of prov3.ding
riparian access as defined in the CAM statute. Further, the CAMA
statute seeks to avoid private property rights takings, and the
applicant clearly has a common law right of riparian access. Since
strict application of the specific use standard found at 15A NCAC
§ 07H. 0208 (b) (6) (L) would deprive the applicant of 11 riparian
riyhts of access to deep water for the entire 41-lot subdivision
and upland parcel., it clearly is within the public interests as
defined in the CAM statute to balance competir:g rights and apply
the flexible analysis allowed by 15A NCAC 5 07H.0208(a)(3). The
05/10/00 12:14 TX/RX N0.3570 P.002
r ?-10-1000 M'C1 Pr E POM'" 9T: ZT 00/60/502MIS2121 T-4Q2 P.008 f-263
2-
unique facts of this case assure that such application would not
result in a difficult precedent as to future permit applicants.
All reasonable efforts to mitigate potential adverse impacts have
been taken. The prior boat ramp project was dropped; potential SAV
impacts have been avoided; there are no wetland impacts; there are
no- erosion or storm water iTrpacts; the upland subdivision is
co6pletely outside all applicable AECs, and in fact is located over
700 feet from the Rogue Sound shoreline, potential navigation
impacts have been minimized by designing the proposed project to be
no longer than the established pier line in the area, and to stay
more than 75 feet away from, the adjacent property owner's existing
pier. Both adjacent riparian property owners have generous,
existing riparian access. Finally, note that the applicant's
unj.sual property parcel configuration is noc the result of some
recent property transfer. Rather, the applicant's property has
existed in its present configuration for over 5o years (see
attached deeds). Anecdotal information also indicates that prior
property owners used the 32-foot shoreline for riparian access to
an old boathouse and pier.
05/10/00 12:14 TX/RX N0.3570 P.003
Form .DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Snowball, LLC
Address P. 0. Box 7 30
CityAtlantic Beach State NC
Zip 28512 Day Phone ?q3-()400
Fax 252-354-2877
b. Authorized Agent:
b. City, town, community or landmark
Bogue, NC
c. Street address or secondary road number
NCSR 1119
d. Is proposed work within city..Jimits or planning
jurisdiction? Yes No
e. Name of body of wa r nueaere? RUAdct (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name Oceanside Engineering
Address 8810 Emerald Drive
City Emerald Isle State NC
Zip 8594 Day Phone 252-354-7761
Fax 252-354-2877
c. Project name (if any) Bogue View Court
pier
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
construct 400 if of 5 feet pier
witn a 1U toot x 12 toot tee
at Tne en
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? private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more ace is eeded, please attach
addi Tonal pa es. G?ve water access to
i ome n Pile's too
wide pier. Useage will be limited
to owners only. Back of tee to
support four boats ties to pier.
home owners will be a owed to
ms to oa
at this point. End of pier for
fishing an bathing. Uplands subdivisi
previously approved and located entirely
outside all applicable AEC's.
Revised 03/95
r
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1,186,676 square feet
b. Size of individual lot(s) 41 lots on site
c. Approximate elevation of tract above MHW or
NWL average elevation = 19 above MHW
d. Soil type(s) and texture(s) of tract
Nand o (fine sand)
e. Vegetation on tract pines and wetland
grasses
f. M o f r oyu on tract 18 foot wi d e
wii?ainage er
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the loom land use plan.)
X Conservation
Developed
Rural
X Transitional
Community
Other
h. How is the tract zoned by local government?
R15M
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificau, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom? , -
k. 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 X
If yes, has a delineation been conducted?Ye s
(Attach domvwntadon, if available)
m. Desc 1be existing wastewater treatment facilities.
each lot has its own septic
Sys rem
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
All runoff will be kept on site
sPP Rtnrmwa tar = l an-Tcn'ZreyQ6??-
o. Describe existing drinking water supply source.
water lines installed and water
supplied by West Carteret water Ci
5. ADDITIONAL rNFORMATION
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 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
D.-;..d M10C
N
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.
Name Stephen Strout
Address P 0 Box 1550
Phone Raleigh, N c 27602
Name
Address
Phone
Name
Address
Phone
U Cam ridge. Circle
Kinston, 5u
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 41-:13 -
Print Name Afawl 4+,10-OcS. 6:! dntocJb c??
r
Signature
or ?! Ag
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
404. natinnwir3P ;16, 4il1 R g_n?h?2
990618 CA
• 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 areas.
• 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 Notch Carolina
Environmental Policy Act.
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marini Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
Revised 03/95
MAY-12-2000 FRI 03:02 PM NC DIV OF COASTAL MGMNT FAX NO. 2522473330 P. 01
Form DCM-MP-4
STRUCTURES,
(Construction within Public Trust Areas)
Attach this form to Joint Application far CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application which relate to
Us proposed project.
Dock(s) and/or Pier(s)
(1) Commercial -Community X Private
(2) Number ONE (1)
(3) Length 400 FT.
(4) Width 5 FT.
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(b) Platform(s) X Yes No
(i) Number ONE (1)
(ii) I-ength LOFT.
(iii) Width 12FT.
(7) Number of Slips proposed
(8) Proximity of structure to adjacent riparian
property lines LOFT.
(9) Width of water body 1 MILE +/-
(10) Water depth at waterward end of pier at
ML'W' or NWL -1.4-2.7
b_ Boathouse (including covered lifts) NLA_
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e,g. wood, sbeetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, shestpile, etc.1 N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MJiW, NWL or
wetlands
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
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) _?. _:
(1) Commercial X Community Private
(2) Number EiaHT (8)
(3) Length 20 FT. .
(4) Width 2 FT.
A
g. Other ve eornpleir dervpion)
SNOWBALL.L.L.C.
Applkant or P a oe
sipn Ii R
MAY 12. 2 OO\
Date
levised M95
05/12/00 15:04 TX/RX NO.3582 P.001
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NCDENR
JAMES B. HUNT JR.
GOVERNOR
BILL HOL.,MAN
SECRETARY
May 24, 2000
A
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
T"i
MAY 2 5
C
WETLANDS
ae.nscFSnl l11w 6At 1Ty
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
DONNA D. MOFFITT
DIRECTOR
FROM: Doug Huggett
Major Permits Processing Coordinator
t Cif:
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Snowball, Inc.
Project Location: Carteret County, in the White Oak Township, near the Community of
Goose Creek, off NCSR 1119, adjacent to Bogue Sound. '
Proposed Project: Proposes to construct a 5' X 400' pier with a 10' X 20' "T"-shaped
platform for water access to a 41-lot residential subdivision.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by June 14, 2000. If you have any questions regarding the proposed project, please
contact Ted Tyndall at (252) 808-2808. 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
4
MOREHEAD CITY OFFICE
HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: 252-808-2808 FAX: 252-247-3330
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Snowball, LLC
2. LOCATION OF PROJECT SITE: Carteret County, in the White Oak Township, near the Community
of Goose Creek, off NCSR 1119, adjacent to Bogue Sound
Photo Index - 1995: 39-479 (indexed by 0,P-11). 1989: 3 160 18 (indexed by F,G,H-16)
State Plane Coordinates - X: 2,603,000 Y;..351,200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 6, 2000
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - May 12, 2000
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES, CW `
(C) Water Dependent: Yes
(D) Intended Use: Residential Community Pier
(E) Wastewater Treatment: Existing - None
Planned - Individual Septic
(F) Type of Structures: Existing ` None
Planned =Community pier
(G) Estimated Annual Rate of Erosion: No chronic erosion only acute, hurricane-related damage
Source - Site Inspection
7. HABITAT DESCRIPTION: [AREA]
DRF.DGF.I) FIT .T .'Fn nTUFu
(A) Vegetated Wetlands
Coastal Wetlands 200 ft2 shaded
(B) Non-Vegetated Wetlands
PT/EW of Bo a Sound 2,334 feusurped
(C) Other
8.
(D) Total Area Disturbed: 2,534 ff
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to construct a 5' X 400' pier with a 10' X 20' " T"-
shaped platform for water access to a 41-lot residential subdivision.
FIELD INVESTIGATION REPORT:
SNOWBALL, LLC/CARTERET COUNTY..
PAGE #2
---------------------------
9. NARRATIVE DESCRIPTION:
Project Setting
The applicants own a 27-acre tract of.land:known as Bogue View Court Subdivision,
located off of SR 1119 (Red Barn Road), near the Community of Goose Creek, adjacent to
Bogue Sound. The subdivision has received sedimentation-erosion control, stormwater, and
local approvals. An access road within the subdivision along with drainage ways and water
lines currently exist on the tract. The_.tract is essentially a young pine plantation that measures
approximately 2700' X 550'. A 725' long X 32' wide unimproved access strip leads down to
Bogue Sound and the AIWW. A`.40' stripe of marsh borders the water access strip.
Approximately 16' of that border is characterized by a i paten s while the next 24' of the
marsh leading into the water is dominated by S a ina alterniflora. According to the
applicant's plat, water depths in Bogue Sound gradually drop off with to -2.5' below MLW
some 300' offshore. The water depths remain fairly constant as you go offshore and averages
approximately -2.7' at 400' from MHW. Submerged aquatic vegetation is present at the site
and the general area is shown on the plat. An individual cottage with a 410' private pier are
located on the property to the west, while the tract `to the east remains essentially undeveloped.
The waters of Bogue Sound at the site are SA'ORW and are open to shellfishing.
Project Description
The applicant proposes to construct a 5'-wide X 400'-long pier with a 10' X 20' "T"-
shaped platform with four "modified" side-to slips for riparian access to the residential
property owners within the existing, 41=1ot Bogue View Court Subdivision. The.pier would be
located in the center of the 32'-wide property and no setback waivers have been obtained. No
parking or access road improvements to the 'access strip/path are proposed. The "modified"
slips involve two tie-off pilings/per slip located 20' apart and two feet off the access pier thus
creating a slip area. All but a 2' width of'the `access pier, all the tie pilings and all but the
center 2' of the platform encroaches into the required 15' setback of both adjacent properties.
Anticipated Impacts
The pier would encroach into the 15' minimum setback of both adjacent riparian
property owners. The access pier would shade approximately 200 ftiz of Coastal Wetlands.
Approximately 2,334 fe of shallow Estuarine Waters/Public Trust Areas would be usurped
with an estimated (according to applicant's plat) 625 fe of SAVs being subject to the effects of
shaded. There would be some construction-related impacts as a result of the driving of the
pilings for the pier. However, the potential impact to the shallow SAV habitat as a result of
boat dockage at the pier/dock is the major 'concern. The applicant has stated that a passage
way to the waterway would be marked to` avoid areas of SAVs. Given the length of the
neighboring pier, there should be negligible impact to. navigation.
M. Ted Tyndall - Morehead City Office, May 24, 2000
hM1a-MD Igo-d Fri ipp?u?,eEaN 9T: ZT 00/60/ b'2121 7-42 p_aoz F-2e3 R
Project garr$tiSre
Bogue View Court pier
May 10, 2000
The applicant proposes to construct a single, five-foot-wide pier
to provide riparian access for residential property owners within
the existing, 41-lot Bogue View Court subdivision. The existing
subdivision is located outside all applicable AECs, including the
575-foot QR.W AEC. The pier and riparian access rights will be
privately owned by the 8ogue View Court homeowners association, and
access to the pier will be limited to property owners and their
gusts. The upland subdivision has received all necessary
approvals, including sedimentation-erosion control, storm water and
loyal government approvals. Copies of the approved sedimentation
and erosion control plan., storm water plan, and residential
subdivision layout plan are attached. Lots are presently being
sold in the subdivision.
The applicant has minimized impacts to the maximum extent
practicable by, among other things: (1) deleting plans for a boat
ramp in response to prior adverse resource protection agency
comments; (2) proposing only a five-foot-wide pier to minimize any
potential SAV impacts; (3) proposing a pier length long enough to
avoid any potential SAV impacts, but slightly shorter than the
established pier length in the area; (4) only proposing four boat
slips; and (S) only proposing a 120 square foot "T" Structure that
is less than four times the unusually narrow 32 feet of riparian
shoreline owned by the applicant.
Due to the unusual configuration of the applicant's riparian
property (i.e., only 32 feet of shoreline associated with a much
larger upland parcel), it is Impossible for the applicant to obtain
any riparian access to deep water without violating the specific
15-foot riparian access dividing line setback use standard
provision in 15A NCAC 9 07H. 0208 (b) (6) (L) . Therefore, the
applicant requests that the permitting agency recognize the
applicant's common law right to reasonable riparian access to deep
water by applying the provisions of 15A NCAC S 0711.0208(a)(3) to
this project. The project does further public goals of providing
riparian access as defined in the CAM statute. Further, the CAMA
statute seeks to avoid private property rights takzmgs, and the
applicant clearly has a comabon law right of riparian access. Since
strict application of the specific use standard found at 15A NCAC
9 07H.0208(b)(9)(L) would deprive the applicant of 11 riparian
-rights of access to deep water for the entire 41-lot subdivision
and upland parcel, it clearly is within the public interests as
defined in the CAM statute to balance competing rights and apply
the flexible analysis allowed by 15A NCAC 5 07H.0208(a)(3). The
05/10/00 12:14 TX/RX N0.3570 P.002
a-10-2000 M'd Fr EA619z BERN 9T:ZT 00/60/50M3S2121 7-462 P.003 F-263
2-
unique facts of this case assure that such application would not
result in a difficult precedent as to future permit applicants.
All reasonable efforts to mitigate potential adverse impacts have
been taken. The prior boat ramp project was dropped; potential SAV
impacts have been avoided; there are no wetland impacts; there are
no- erosion or storm water impacts; the upland subdivision is
coinpletely outside all applicable AECs, and in fact is located over
700 feet from the Bogue Sound shoreline; potential navigation
impacts have been minimized by designing the proposed project to be
no longer than the established pier line in the area, and to stay
more than 75 feet away from the adjacent property owner ' s existing
pier. Both adjacent riparian property owners have generous,
existing riparian access. Finally, note that the applicant's
un}asual property parcel configuration is pot the result of some
recent property transfer. Rather, the applicant's property has
existed in its present configuration for over So years (see
attached deeds). Anecdotal information also indicates that prior
property owners used the 32-foot shoreline for riparian access to
an old boathouse and pier.
05/10/00 12:14 TX/RX N0.3570 P.003
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Snowball, LLQ
Address P. 0. Box 730
CityAtlantic Beach State NC
Zip 28512 Day Phone 2 93-6A0J
Fax 252-354-2877
b. Authorized Agent:
Name Oceanside Engineering
Address 8810 Emerald Drive
City Emerald Isle State NC
Zip 28594 Day Phone 252-354-7761
Fax 252-354-2877
c. Project name (if any) B o gu e View Court
pier
NOTE: Pert will be issued in name of landowner(s), cad/or
project nano.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
b. City, town, community or landmark
Bogue, NC
c. Street address or secondary road number
NCSR 1119
d. Is proposed work within cit? Jimits or planning
jurisdiction? Yes No
e. Name of body of wa o g euaere? suo yt (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
construct 400 if of 5 feet pier
with a foot x 12 Toot -Fe-e
a en
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? private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
?ditional pages. G-rve water access to
4"i nome awn e
00
wide pier. Useage will be limited
to owners only. Back of tee to
support four boats ties to pier.
.Home owners wiz be a owed to
TrangTer personnel i ms o oa
at this point. End of pier for
fishing and bathing. Uplands subdivisi
previously approved and located entirely
outside all applicable AEC's.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1,186,676 square feet
b. Size of individual lot(s) 41 lots on site
c. Approximate elevation of tract above NH or
NWL average elevation = 19 above MHW
d. Soil type(s) and texture(s) of tract
;grand o (fine sand)
e. Vegetation on tract pines and wetland
grasses
18 foot wide
f. M dew fjat re ? ay.1nage er
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
X Conservation
Developed
Rural
x Transitional
Community
Other
h. How is the tract zoned by local government?
R15M
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning rnmpliance certificate, if applicable)
j•
Has a professional
done for the tract?
If yes, by whom? -
k. 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 X
If yes, has a delineation been conducted?Ye s
(Attach dommwntadon, if available)
RPviced (13/95
archaeological assessment been
Yes X No
m. Desc 'be existing wastewater treatment facilities.
eacZ lot has its own septic
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
All runoff will be kept on site
sP.P. -,tnrmwAtar ila -pp
o. Describe existing drinking water supply source.
water lines installed and water
supplied by ,vest Carteret Water Ci
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 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 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
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.
Name Stephen Strout
Address P 0 Box 1550
Phone Ralei-ah. N C 27602
Name
Address 1108 Cam ridge : Circle
Phone Kinston, C 28?U4
Name
Address
Phone
w
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.
q?
This is the l day of,
Print Name /??/4? ?1o?Jes l?oc<1c??
r
Signature -
weer or A g
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
04 nati onwi r3 P 26, S"vJ R g4nh?p
990618 CA -
• 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 areas.
• 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 Notch Carolina
Environmental Policy Act.
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM W-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.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
Revised 03/95
. 1XII-IC-COW rKI UO-UC r17 NU UiV Vr UUHZIHL 171411M
Form DCM-MP-4
J
STRUCTURES,
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application which relate to
Vl is proposed project.
a. Dock(s) and/or Pier(s)
(1) Commercial Community X Private
(2) Number ONE (1)
(3) Length 406 FT.
(4) Width 5 FT.
(5) Finger Piers Yes X No
G) Number
(ii) Length
(iii) Width
(6) Platform(s) X Yes No
(i) Number _ ONE (1)
(ii) Length LOFT. .?
(iii) Width 12FT.
(7) Number of slips proposed
(8) proximity of structure to adjacent riparian
property lines LOFT.
(9) Width of water body 1 MILE
(10) Water depth at waterward end of pier at
MLW or NWL-1.4-2.7
Boathouse (including covered lifts) NLA_
(1) - Commercial Private
(2) Length
(3) Width
NIA Nu. Ct)CG4 f c$ sM Y. U I
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
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) _?
(1) - Commercial _X-Community - Private
(2) Number EIGHT (8)
(3) Length 20 FT.
(4) Width 2 FT.
g. Other yr complete deacripian)
N/A
SNOWBALL.L.L.C.
Groin (e.g, wood, sheetpile, etc.) N/A
(1) Number
(2) Lengtb(s)
:J. Breakwater (e.g. wood, sheetpile, etc.), N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MJiW, NWL or
wetlands
;evued 03195
Appliont or !' c
5igaa H?? R
MAY 12. YO0\
Date
05/12/00 15:04 TX/RX NO.3582 P.001
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1 10-2ooa VW*d FraerMi0 IMMSEM 9T=ZI 00/60/MMOZ'21 T-02 P_002 F-Z68
proj•CL Narrative
Sogue View Court Pier
May 10, 2000
The applicant proposes to construct a single, five-foot-wide pier
to provide riparian access for residential property owners within
the existing, 41-lot Sogue View Court subdivision. The existing
subdivision is located outside all applicable AECs, including the
575-foot QRW AEC. The pier and riparian access rights will be
privately owned by the Bogue View Court homeowners association, and
access to the pier will be limited to property owners and their
gusts. The upland subdivision has received all necessary
approvals, including sedimentation-erosion control, storm water and
loyal government approvals- Copies of the approved sedimentation
and erosion control plan, storm water plan, and residential
subdivision layout plan are attached. Lots are presently being
sold in the subdivision.
The applicant has minimized impacts to the maximum extent
practicable by, among other things: (1) deleting plans for a boat
ramp in response to prior adverse resource protection agency
comments; (2) proposing only a five-foot-wide pier to minimize any
potential SAV impacts; (3) proposing a pier length long enough to
avoid any potential SAV impacts, but slightly shorter than the
established pier length in the area; (4) only proposing four boat
slips: and (5) only proposing a 120 square foot "T" structure that
is less than four times the unusually narrow 32 feet of riparian
shoreline owned by the applicant.
Due to the unusual configuration of the applicants riparian
property (i.e., only 32 feet of shoreline associated with a much
larger upland parcel) , it is impossible for the applicant to obtain
any riparian access to deep water without violating the specific
15-foot riparian access dividing line setback use standard
provision in 15A NCAC 5 07R. 0208 (b) (6) (L) . Therefore, the
applicant requests that the permitting agency recognize the
applicant's common law right to reasonable riparian access to deep
water by applying the provisions of 15A NCAC 5 0711.0208 (a) (3) to
this project. The project does further public goals of provid:Lng
riparian access as defined in the LAMA statute. Further, the cAMA
statute seeks to avoid private property rights t =gs, and the
applicant clearly has a common law right of riparian access. Since
strict application of the specific use standard found at 3sA NCAC
§ 0'7H-0208 (b) (6) (L) would deprive the applicant of All riparian
rights of access to deep water for the entire 41-lot subdivision
and upland parcel., it clearly is within the public interests as
defined in the LAMA statute to balance competing rights and apply
the flexible analysis allowed by 7.5A NCAC 5 07H. 0208 (a) (3). The
05/10/00 12:14 TX/RX N0.3570 P.002
N-10-2000 J 16a Fr R?? ?? 9T=ZI 00/60/50ZM16212t T-402 P.003 f-263
2-
unique facts of this case assure that such application would not
result in a difficult precedent as to future permit applicants.
All reasonable efforts to mitigate potential adverse impacts have
been taken. The prior boat ramp project was dropped; potential SAV
Impacts have been avoided; there are no wetland impacts; there are
no; erosion or storm water impacts; the upland subdivision is
cotaplezely outside all applicable AECs, and in fact is located over
700 feet from the Rogue Sound shoreline; potential navigation
impacts have been minimized by designing the proposed project to be
no longer than the established pier line in the area, and to stay
ire than 75 feet away from the adjacent property owner's existing
pier. Both adjacent riparian property owners have generous,
eX?Lsting riparian access. Finally, note that the applicant's
ungsual property parcel configuration is not the result of some
recent property transfer. Rather, the applicant's property has
existed in its present configuration for over 5o years tree
atr.ached deeds). Anecdotal information also indicates that prior
property owners used the 32-foot shoreline-for riparian access to
an old boathouse and pier.
05/10/00 12:14 TX/RX N0.3570 P.003 N
Form DCM-MP-1
APPLICATION?-
(To be completed by all applicants)
b. City, town, community or landmark
Bogue, NO
1. APPLICANT
c. S
or secondary road number
treet adIes
9
N
CSR
a. Landowner:.
Name Snowbal d. Is proposed work within ci ??11miits or planning
l, I,I,C
?X
jurisdiction? Yes
No
Address P. 0. Box 730 e. Name of body of w r near ro
ue??ur?? (e.g. river,
?o
CityAtlantic g
Beach State NC creek, sound, bay)
Zip 28512 Day Phone 2512-3833-6400
3. DESCRIPTION AND PLANNED USE
Fax 252-354-2 877
-??- OF PROPOSED PROJECT
b. Authorized Agent:
Name Oceanside Engineering
Address 8810 Emerald Drive
City Emerald Isle State NC
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
construct 400 if of 5 feet pier
with a 10 foot x 2 foot Tee
at Tle en
Zip 28594 Day Phone 252-354-7761
Fax 252-354-2877
-c. Project name (if any) Bogue View Court
pier
NOTE: Permit will be issued in name of landowner(s), and/or
projea name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
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? private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If mores ace is eeded, please attach
2ildiional paes. Gipve waer access to
ome WE es
OOt
wide pier. Useage will be limited
to owners only. Back of tee to
support four boats ties to pier.
home owners wi-Li be a owed to
ti'angter personnel ms to oa
at this point. End of pier for
iisn.ing anti batrling. Uplands subdivisio
previously approved and located entirely
outside all applicable AEC's.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1 ,186 , 6 7 6 s quare f e e t
b. Size of individual lot(s) 41 lots on site
c. Approximate elevation of tract above MHW or
NWL average elevation = 19 above MHW
d. Soil type(s) and texture(s) of tract
Mand o (fine sand)
e. Vegetation on tract
grasses
pines and wetland
f. M o f r oy? on tract 18 foot wide
w i i?ainage wdyz anu water
g. What is the CAMA Land Use Plan land
classification of the site? (Co=uk the local land use plan.)
X Conservation
Developed
Rural
X Transitional
Community
Other
h. How is the tract zoned by local government?
R15M
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance cernficxe, if apple-ble)
j•
Has a professional
done for the tract?
If yes, by whom?.
k. 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 X
If yes, has a delineation been conducted?Ye s
(Anach documentation, if available)
archaeological assessment been
Yes X No
m. Desc ibe existing wastewater treatment facilities.
each lot has its own septic
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
All runoff will be kept on site
GP? stnrmwatar la , r0Y6??
o. Describe existing drinking water supply source.
water lines installed and water
supplied by west Carteret water Cr
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 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
Revised 03195
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.
Name
Address
Phone
Stephen Strout
F 0 Box 1550
Raleigh. N c 27602
fr - ?
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.
Name
Address 1708 Cambridge ; Circle
Phone Kinston, C 265-
UT-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.
404 na .i nnwi d p 260 q-d R g2nr,22
990618 CA
• 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 areas.
• 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.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
c?
This is the [ day of4?--51
Print Name &.60baX&C
c
Signature
r or Ag
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
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.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
Revised 03195
MAY-12-2000 FRI 03:02 PH NC DIV OF COASTAL MGMNT
Form DCM-MP-4
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) d
(1) Commercial Community X Private
_
(2) 1)
Number ONE (
(3) Length 400 FT.
(4) Width 5 FT.
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(b) Platform(s) X Yes No
0) Number ONE (1),
^
(ii) Length LOFT.
(iii) Width 12FT.
M Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines LOFT.
(9) Width of water body 1 MILE +/-
(10) Water depth at waterward end of pier at
MLW or NWL -1.4-2.7
b. Boathouse (including covered lifts) N/A?
(1) - Commercial Private
(2) Length
(3) Width
c. Groin (e.g, wood, sbeetpile, etc.) NIA
(1) Number
(2) Length(s)
FAX NO. 2522473330 P. 01
e. Mooring buoys N/A
(1) i Commercial Community _, Private
(2) Number
(3) Description of buoy
(Color, ia5cription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, eic.) a.
(I) Commercial X Community __-_ Private
(2) Number ETr.HT (8)
(3) Length 20 FT. _
(4) Width 2 FT.
g. Other a Complete description)
N T
SNOWBALL.L.L.C.
Applicant or tsme
5igan M HA
R
MAY 12. YO0\
7
mte
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 _-
Revised OW9s
05/12/00 15:04 TX/RX Nd.3582 P.001
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