20021872 Ver 1_COMPLETE FILE_20021209

TO: John Dorney
Vn-Dit-charge Branch
SUBJECT:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Reserve at Masonboro
Project Number 02 1872
Recvd From DCM
Received Date 12/9/02 Recvd By Region
Project Type community pier
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
Stream
Class
Prim. Supp. Basin
Mitigation Wetland
MitigationType Type Acres Feet r
I4 irv l nd Ratin Sh
Feet
RPn_
Stream Impacts (ft.)
M.- W.- -
to eet Attached? O y O N Did you request more info? 0 Y O N
Have Project Changes/Conditions Been Discussed With Applicant? 0 y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: O • Issue
0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
A 401 ;ertifiration is nW required for this project Thjs office haq no Gb
proposed provided efforts jection to thi ?2CQjecr a?
exceed'P.5 NTLJs outside of the - ire made to mmimi P turbidily during construction- T >Irhid?ty I wpl? nann^t
pro.lect ar a
Regional Contact:
WQ Supervisor:
Date:
County New Hanover
County2
Region Wilmington
Acres
Rea.
or .i
cc: Regional Office
Central Office Page Number 1
e??
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
December 3, 2002
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Mr. John R. Dorney
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
The Reserve at Masonboro
Off Pine Grove Road at Efird Road
To construct a community pier for the use and enjoyment of the future property owners of
the Reserve at Masonboro Subdivision.
;21872
I- 11F? C)
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 26, 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
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: The Reserve at Masonboro/D. Logan
2. LOCATION OF PROJECT SITE: Off Pine Grove Rd., at Efird Rd. in the Reserve at Masonboro
Subdivision, adjacent to Hewletts Creek, in New Hanover County.
Photo Index - No photo coverage
State Plane Coordinates - X: 2344575 Y: 162533 Rover file: 0112618A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/26/02
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 11/12/02
Office Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover County
Land Classification From LUP - Conservation / Resource Protection
(B) AEC(s) Involved: PT, EW, CW
(C) Water Dependent:Yes
(D) Intended Use: Community residential
(E) Wastewater Treatment: Existing - None
Planned - Municipal sewer
(F) Type of Structures: Existing - 45 lot, single-family residential subdivision, road, utilities,
clubhouse and pool (currently under construction)
Planned - Community pier
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
T1RFTl(;FTI FTT T RT) ( rrT-Tr ?
(A) Vegetated Wetlands - Shaded 1,132 s ft.
B) Non-Vegetated Wetlands - Open water 336 s ft.
(C) Other - Hi h ound disturbance
(D) Total Area Disturbed: 1,468 sqft.- Plus 9 acres of highground disturbance during the
development of subdivision infrastructure.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a community pier for the use and
enjoyment of the future property owners of the Reserve at Masonboro Subdivision.
The Reserve at Masonboro
Page Two
9. PROJECT DESCRIPTION:
The project site is a 5.2 acre common area, off Efird Road, adjacent to Hewletts Creek, in the new
Reserve at Masonboro Subdivision. The 20.49 acre subdivision is located off Pine Grove Road (NCSR
1492) in New Hanover County. To date, the construction of all infrastructure has been outside of the
area which require CAMA permits. The subdivision plan includes 45 patio home lots and a community
clubhouse and pool facility. The majority of the site has been disturbed during the ongoing construction
of roads, stormwater ponds and utilities. By ordinance, New Hanover County requires any new
subdivisions to install the sanitary sewer system as part of the development costs. At completion, it
becomes part of the County's system. The applicant has obtained a Sedimentation and Erosion Control
Permit (#12-02) from New Hanover County and a Stormwater Management Permit (SW8 020307) from
the NC Division of Water Quality. The common area on the northeast side of the tract is adjacent to
Hewletts Creek. The understory vegetation on the common area project site has been mowed and the
remaining highground vegetation includes mature Pine, Oak, Sweet Gum, Red Maple, Magnolia and
Red Cedar. The landward edge of the wetlands (404 type) has been delineated and approved by the US
Army Corps of Engineers. Adjacent to the shoreline, there is a border of coastal marsh, approximately
260 feet wide. The marsh vegetation is primarily Smooth Cordgrass (Spartina alterniflora). The marsh
transition toward highground exhibits high coastal marsh vegetation, including, Black Needle Rush
(Juncus roemarianus), Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), Giant Cordgrass
(Spartina cynosuroides), and Salt Meadow Grass (Spartina patens). The open water area of Hewletts
Creek adjacent to the applicant's property is approximately 128' in width.
The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The waters of
Hewletts Creek are classified as SA by the NC Division of Water Quality. The area is designated as a
Primary Nursery Area by the NC Division of Marine Fisheries, and is CLOSED to the taking of
shellfish.
The applicant is proposing the construction of a community pier to provide fishing and crabbing access
for the lot owners of the subdivision. The elevated wooden pier, would be 308 feet long and 4 feet wide.
The pier would terminate in a platform (16 ft. X 16 ft.) and a floating dock (20 ft. X 4 ft.) would be
installed on the west side of the platform. Water depths at the waterward end of the pier would be
approximately 6-8 inches at mean low water (MLW).
10. ANTICIPATED IMPACTS
The construction of the proposed community pier facilities would incorporate approximately 336 square
feet of Estuarine Waters and Public Trust Area. The pier walkway would shade approximately 1,132
square feet of coastal marsh. The lack of water at low tide would diminish the use of the pier for fishing
and crabbing.
Submitted by: E.F. Brooks Date: 12/3/02 Office: Wilmington
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, to community or dm k
1. APPLICANT
c. Street dress.2r s dart' road n} er
t !LO y
tr
a. Landowner: -
Name ?,4 S-cq il-C A.? A-09W? Pl 0
Address l0 NO - F .;b12. .
Cityv" lM ?' ?"'J State_
Zip 7-f ?y Day Phone
Fax (/4 ' qS2- - 2 /3 ?`
b. Authorized Agent:
Name L
Address --1-t
City State
d. Is proposed work wAin city limits or planning
jurisdiction? L"'o Yes No
e. Name of body of water Barest r0y.Ft (e.g. river,
creek, sound, bay) --,
r
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose e.g.
building a home, motel, marina, bulkh ier, d
excavation and/or fillin O ivies.
S ^4 U- +C
t
Zip Day Phone
Fax
c. Proj name (if any)l0-0-1 v d4 ?4-
.kv
NOTE.• Perm& will be issued in name of ladowner(s), mmd/or
projed name.
2. LOCATION OF PROPOSED
PROJECT
N / l itcl?O y
a. County
Revised (13/95
b. Is the proposed activity maintenance of an existing
prof ew wo or both?
c. Will the project be for publi , 'vat commercial
use?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
DIVISION OF
COASTAL MANAGEMENT
CNki •
NOV 12 2002
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract L D . q 1 4 u.?1 S
b. Size of individual lot(s) ?o S X / 3e)
c. Approximate elevation of trail above
NWL /5- '
d. Soil type(s) and exturels) of tract
$?N (M H
e. Vegetation on tract Fsl
f. Man-made features now on tract ek
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned b
Iocal g vernment?
y 44,-
U
i. Is the proposed project consistent with the applicable
zoning? ?Yes No
(Attach zoning compliance certificate, if appGeabk)
j•
Has a professional archaeological
done for the tract? Yes
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eli . property?
Yes No '
1. Are there wetlands o e site? ?Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach doatwn=don, if availabk)
assessment been
w' `No
ECIEVE
NOV 12 2002
D
DIVISION OF
m. Desco@"WAS-wMAIWA6 Tfacilities.
G?
n. Describe location and type of di o waters
of the state. (For example urf , sanitary
wastewater, industrial /commercial effluent, "wash
do " and recidpnti discharges. S ?? t !
H c,.,? l c
o. Describe e ??p>ting water supply source.
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 tide
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 03/45
Form DCM-MR4 ECEHVE
R NOV 1 2 2002
STRUCTURES DIVISION OF
(Construction within Public Trust Areas) \ COASTAL MANAGEMENT
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commerci• mmunit
y _ Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial _ommunity - Private
(2) Number
(3) Length 2 7T- (4) Width of water body
(4) Width y (5) Distance ' buoy(s) to be placed beyond
(5) Finger Piers Yes No shoreline
(i) Number
(ii) Length f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width (1) _ Commercial -Community _ Private
(6) Platform(s) ?Yes No (2) Number
(i) Number (3) Length /4-
(ii) Length (4) Width
(iii) Width
(7) Number of slips proposed / g. Other (Give complete description) i
(8) Proximity of structure to adjacent riparian T '
property lines -5.e, I L ,?%.•?+/-f?l,N, f 1,61 C? „// o...= wi; oed? Ci 4A"L-
(9) Width of water body / 2 8'?d . ?'
(10) Water. depth at waterward end of pier at
LW r NWL - (,n "
b. Boathouse (including covered lifts)
(1) Comm er 'al _ Private
(2) Length '
(3) Width
c. Groin (e.g. wood, sheetp)ile, etc.)
(1) Number 4
(2) Length(s) r
d
wood, shpetpile, etc.)
)/L-
dist ce fr m? MHW, NWL or
distance beyond MHW, NWL or

Applicsn_t or Project Name
signature
I- 4 -sr -L
Date
400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy.
Breakwater (e.g
(1) Length
(2) Average
wetlands
(3) Maximum
wetlands
Revised 03/95
Form DCM-NIP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint'Application that relate to this
proposed project.
a. Type and number of buildings, facilities, uni or
structures proposed ?f ?c s
-P,44'.6 UP 7
b. Number of lots or parcels `T 31
c. Density (give the number of residential units and the
units per acre) Z ,
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. A C7
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been sub ed to the Division of Land
Resources? Y No
If yes, date submitted - / Z - V Z - 1 ?S
? 1 rLC- p Ppt?..t G1n??,?, C©? S?.
f. List the mateNals (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be cove?y
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. Q,
R E I El HNOV 12 2002 =Dj,
DIVISION OF
COASTAL MANAGEMENT
Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of ronmental Management for review?
No
If y/es, date submitted ?r- U 2
/ e rL ?+ G/ c lt?r /2 Lac ?it,? L
Describe proposed method of sewage disposal o?
j. Have the facilities described in Item i. above
received state or local approval? / -! - '
(attach appropriau documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
!?,? l4 - ?G? I
i
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
m. Will water be impounded? Yes
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? /

Applicant or Project Name
Signature l; / [
Date
Rev6ed 03/95
2) J tn.rt r k 6--1
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200200435 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determinat' ECEIVE
Property owner: Logan Construction Company Agent: Land Management G
Attn: D. Logan Attn: Laura Stasavic
Address: 6740 Netherlands Drive, Suite F Post Office Box 252 NOV 12 2002
Wilmington. NC 28405 Wilmington, NC 28
Telephone: [phone] [phone] DIVISION OF
COASTAL MANAGEMENT
Zone: 18 UT.Ni: North: 3786860 East: 236215
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 17.8 acres located southeast of
Efhd Drive, northeast of Pine Grove, adjacent to Hewletts Creek, in Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are wetlands on the site described above (see attached wetland data sheets) that are adjacent to
Hewletts Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on information submitted by Laura
Stasavich of Land Management Group on February 27, 2002, and a field visit by Angie Pennock on February 12, 2002.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on
your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your lot have been delineated. and the limits of Corps jurisdiction have been explained to you
Unless there is a change in the law or our published regulations. this determination may he relied upon for a
period not to exceed five years from the date of this notification.
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed three years from the date of this notification.
The eject is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coaqt.-Il
elan u _ment to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature

Date May 14, 200? Expiration Date May 14, 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAN' Form 566
NOTIFICATION OF ADMINISTRATIVE=APPEAL OPTIONS AND PROCESS AND
REQUEST fOR-APPEAL
Applicant: Logan Construction File Number: 20020043 Date: 0.14.02
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ernission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://usace.army.mil/inet/functions/cNv/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the foam to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously w7itten. After evaluating your objections, the
district engineer will send you a proffered pen-nit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer "within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Ad?mr}?i i
Appeal Process by completing Section II of this form and sending the form to the division en r. mt?st`(Q?r ,
vv
by the division engineer within 60 days of the date of this notice. ,
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need espoil *71
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, may equest an
approved JD (which may be appealed), by contacting the Corps district for further instruc1bpN16.JGJc9Fiay
provide new information for further consideration by the Corps to reevaluate the JP30ASTAL MANAGEME
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered pern-lit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
D
NOV 1 Z I'll
DIVISION OF
COASTAL MANAGEMEN
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
y
process you may contact: also contact:
Ms. Angie Pennock Mr. Arthur Middleton, Administrative Appeal Review Officer
United States Army Corps of Engineers or [phone] CESAD-ET-CO-R
Wilmington District, Regulatory Division U.S. Army Corps of Engineers, South Atlantic Division
69 Darlington Avenue 60 Forsyth Street, Room 9M15
Wilmington, NC 28402-1890 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
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