20021626 Ver 1_COMPLETE FILE_20021009

DEPARTMENT OF THE ARMY p Z
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
January 15, 2003
Regulatory Division
Action ID No. 200300060 and State Permit No. 160-02?? V L' is
JAN 2 2003
WETLANDS GROUP
Forest by the Sea Homeowners -WATER QUALITY SECTION
Lagoon Boat Owners Association, Inc.
1200 St. Joseph Street #75
Carolina Beach, North Carolina 28428
Dear Madams or Sirs:
Reference your application for a Department of the Army permit to construct access finger
piers into existing boat slips at the previously permitted facility located at the Forest By The Sea
Condominium complex, adjacent to the Carolina Beach Yacht Basin, at 1200 St. Joseph Street,
in Carolina Beach, New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
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 me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
'jop

Copies Furnished (without enclosure):
r1VIr. John Domey
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, 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 B. Pardue
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
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28465
2
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: R Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Nam!' forest By the Sea County New Hanover
Project Number 0 1 1626 County2
Recvd From = CM
Region Wilmington
Received Date 10/9/02 Recvd By Region
Project Type access finger piers
Certificates _ Stream Stream Impacts (ft.)
Class
Permit Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMS Waters 01 ON t8-Q7-31? sB 30.6?4. 6.1s F ??-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue 0 Issue/COnd 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
A 401 Certification is not required for this project. This office has no objection to the pro-ject as
proposed,
cc: Regional Office
Central Office Page Number. 1
Facility Fume Forest By the Sea County New Hanover

Project Number 02 1626 Regional Contact: Noelle Lutheran
Date: 10-11-2002
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 7, 2002
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Mr. John R. Dorney
Division of Water Quality 021625,
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Forest By The Sea HOA/Boatowners Assn., Inc.
1200 St. Joseph Street, Carolina Beach, NC
I
?i
OCT 9W
To construct access finger piers into existing boat slips at the previously permitted facility.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 31, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks 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
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
A ?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Forest By The Sea HOA/Boatowners Assn., Inc.
C/O Loretta Whelan
1200 St. Joseph St. #59
Carolina Beach, NC 28428
Dear Ms. Whelan:
October 4, 2002
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of your property located at 1200 St. Joseph St., in the Town of Carolina Beach, in New Hanover
County. It was received on 8/20/02, and appears to be adequate for processing at this time. The projected deadline
for making a decision is 11/3/02. An additional 75-day review period is provided by law when such time is necessary
to complete the review. If you have not been notified of a final action by the initial deadline stated above, you
should consider the review period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will he provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of
your proposed development. You should post this notice at a conspicuous point along your property where it can be
observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead
one into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal
review agencies for their comments. If additional information is required based on this review, the agencies may
contact you directly.
Sincerely,
E. F. Brooks
cc: Doug Huggett, DCM
Charles Jones, DCM
Charlotte Buckley, LPO
Henry Wicker, COE
Field Representative
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Forest By The Sea HOA/Boatowners Assn., Inc.
2. LOCATION OF PROJECT SITE: -1200 St. Joseph St., adjacent to Carolina Beach Yacht Basin, in
Carolina Beach, in New Hanover County.
Photo Index - 2000: 21-258: P-S: 12-15 122_5: 21-240: P-R: 17-19
State Plane Coordinates - X: 2335821 Y: 110275 GPS - 0-092414A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/24/02
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 8/20/02
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Carolina Beach
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: EW, PT
Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Carolina Beach Sewer
Planned None
(F) Type of Structures: Existing - Townhouses, community marina, clubhouse\pool
Planned - Finger piers and boatlifts in existing boat slips
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
T%n L'TlI--T-l % T`TT T TT-. ?•rtr Tt-.r
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands (Open water) 7,920 s ft.
(C) Other
(D) Total Area Disturbed: 7,920 sqft.
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicants are requesting authorization to construct access finger piers into
existing boat slips at the perviously permitted facility.
Forest By The Sea
Page 2
9. PROJECT DESCRIPTION
The project site is the existing private/community marina at the Forest By The Sea Condominium complex
located, adjacent to Carolina Beach Yacht Basin, at 1200 St. Joseph St., in Carolina Beach, in New Hanover
County. The existing nine (9) acre residential development includes 74 condominium units with associated
parking, tennis courts and swimming pool. The highground areas have an average elevation of
approximately 15 feet above mean sea level. Docking facilities include 58 boat slips in an existing basin on
the south side of the property and an additional 20 boat slips located on a separate dock, adjacent to Carolina
Beach Yacht Basin, on the property's eastern shoreline. Four (4) of the slips are guest slips and can be
reserved for temporary use. The original development was permitted by the Division of Coastal Management
in 1979, under State Permit #56-79.
The Carolina Beach Yacht Basin is approximately 800 feet wide in the project area. It is classified as SB by
the NC Division of Water Quality, and it is CLOSED to the harvest of shellfish. The basin is not a
designated primary nursery area (PNA) by the NC Division of Marine Fisheries.
Over the years, individual slip owners have requested permission from the Association to install additional
docking access structures within their slips, such as, access finger piers. Typically the Association would
approve such requests and require the slip owner to obtain the required CAMA General Permits, local zoning
and building code permits. The CAMA General Permit 7H.2000 for authorizing minor modifications to
existing pier/mooring facilities requires that a written statement and drawing be sent to the adjacent property
owners as notification of the proposed work. As the number of permit requests increased, the adjacent
property owners began to express their dissatisfaction with the inconvenience of receiving numerous permit
notifications. Seven (7) finger piers have been installed to date. The Forest By The Sea HOA/Boatowners
Association is requesting a CAMA Major permit that would allow the installation of finger piers between all
of the existing boat slips. The finger piers would be limited to a maximum length of 30 feet and 4 feet in
width, depending on the location of the existing mooring pilings. Potentially, sixty-six (66) additional finger
piers could be installed if all boat slip owners were to request their installation.
10. ANTICIPATED MPACTS
The project could potentially result in an additional 7,902 square feet of floating finger piers, within the
existing footprint of the previously permitted community marina.
Submitted by: E.F. Brooks Date: 10/4/02 Office: Wilmington
Form DCM-MP-1
1. APPLICANT
a. Landowner:
Name F0k EST ,_8`I Tit E S EA
Ham EOWru eAS / L A000M-BoAToWNMS ASa• .
Mac.
Address 120o ST. SOS EPH ST ft l$7
City CA2014M A?Ei?cH State NC
Zip ag 4 ag Day Phone _'I58 - Sl l S
Fax 4s7s - 51 I S
b. Authorized Agent:
04-Or2ETTA .&)ifELAa, OFF HGR.
NamPL.?ll?tu W t?L.tAat sam AUA hag.
OIA*o ST. 3oSEPH ST X59
Addre P " " " X39
City 64i2o Ld N A? State the
O *S-8 -$-/IS
Zip $ 8 Day Phone(' S -/ 3/ 2
Fax Lt $'8 -5II S
I
c. Project name (if an g) VP EST 24/ K E SEA
Fix)GE12 ,tea Mu5TALA.Awarjs
NOM Pernar will be issued in rwm oflandmmer(s), mid/or
project r_rne.
2. LOCATION OF PROPOSED
PROJECT
a. County M E0 HAM 0 V Ei2
APPLICAT101
L
(To be completed by all applicants)
200 I ?
2
AL , vI?IN?AG?
?MCNT.
b. City, town, communi or landmark-
C A P_,p L.I W A EAC H
c. Street address or secondary road number
J cc ST 1osir'PN ST
d. Is proposed work within city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) t__fiL6LJNA 7REAe-w Jag ",o
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.
b. Is the proposed activity maintenance of an existing
project, new work, or both? _ r4> w oraC
c. Will the project be forPublic, private or commercial
use? 9kLV AM- FETS e-StDENTs
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. LL P na G Ee A EBS
Fore. u5E OF RESIDEMTS To HELP
wiTH SAFEr*1 ISsUec_ oFGE7T/N
Qtj oFF BeATS, P/A.M /71E12S
.)jL RE eaA1AT "errn PEAL
SPL-cIFICArto/us s ,-r -AV ME
'ACAAb eF DleecraAsr TwEA!
i4TTACHEa To EYisi /we Docks
A.S. A. P,
Revised 0319S
=7
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract #4 cAEs
b. Size of individual lot(s) APPAD V. /3 `h Y.22AL'
c. Approximate elevation of tract above MHW or
NWL o .
d. Soil type(s) and texture(s) of tract
W .4TH R.
e. Vegetation on tract n
f. Man-made features now on tract D oeK S0
/Er25 * P/L lwa
g. What is the CAMA Land Use Plan land
classification of the site? (cvn &e load kod use pram.)
Conservation Transitional
Developed ? Community
Rural Other
h. How is the tract zoned by local government?
HQi2iA)A
L Is the proposed project consistent with the applicable
zoning? Yes No
(A=ch zoning mnp4-a -n fi- e, JytV,pU-ble)
j. Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom? D EyEL.opEe -
.TNrEQcoAxm. Drva"pmawr L-A&P.
k. Is the project located in a National Registered
Historic District or -does it involve a National
Register listed or eligible property?
Yes -" No
1. Are-there wetlands on the site? `? Yes No
Coastal (marsh) - Other
If yes, has -a delineation been conducted? ES
(An-*& do---md-, ifa-labk)
c
m. Describe gistin wastewater treatment facilities:
p _.
n., Describe location and type of discharges to waters
of the state. (For example; surface runoff, sanitary
wastewater, industriallcommercial effluent, "wash
down" and residential discharges.)
s u 2i--ac a: R.u u o FP FiZO M
?.? i20Le afAS ,
o. Describe existing drinking water supply source.
To[vA1
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 I2" by I I" white _paper. (Refer to
Coastal Resources Commission :Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high duality 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 apart 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 KEUT Cam. ANaeE
Address jl12. HERe1+AaTLAaE'?G?AQ.13cH
Phone IFS s - o2Ss
Name J. R-4 D EQ LWW15
Address /31 * Sr. SCSCPH Sr. _CAQ.' k
Phone tFSB - Stoll 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. C pt t A 7>LEQHITS ;
63$QS-iq/8?9L? ESDS?9_9/3/t8
o? o ?SlD - S/a2/oT A(.? ?!4 D - ?zT?.- /?
.3 Zh
• 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 land's, 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 u G-. , >q ccc
Print Name R ETTA WH EL A Pl
Signature
Landowner or Audwrized Agew
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 dote each attachment in the
form.
I
AUK 2002
u?`JiSiC)N
C0ASTA- !ANA GC F
M E N T
Revised 03195
A '4 2 0' 2002
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DIVISION OF
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