19960552 Ver 1_Complete File_19961230

State of North Carolina
Department of Environment,
health and Natural Resources
• a?
F C; i
Wilmington Regional Office
A&.10
*vision of Coastal Management
James B. Hunt, Jr., Governor p E H N ?
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 9, 1996
MEMORANDUM:
TO: Mr. A. Preston Howard, P.E., Director
Division of Water Quality , a
3
MRR
FROM: John R. Parker «EC 0 W
Major Permits Processing Coordinator
WATO SECTION
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Crystal Shores II/Osprey S/D
Project Location: Hwy 1568 Between Alligator Bay & Mason Creek, N. Topsail Beach, QnslQw Co
Proposed Project: The construction of 3 community piers and docks, two having 10 slips and the
third with 9 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Jan 2, 1997. If you have any questions regarding the proposed project, please contact Janet Russell
at extension 249. When appropriate, in-depth comments with supporting data is requested.
REPLY: e, 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 D_l L V- ?1 l V C_ r- DATE l L- L j --- C- (o

127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Crystal Shores Il aka Osprey Subdivision
2. LOCATION OF PROJECT SITE: Highway 1568, Between Alligator Bay and Mason
Creek, North Topsail Beach, Onslow County
Photo Index - 1995: 28-373 Grids P 3-11 1989: 4:167:9 Grids M-0;6-9
State Plane Coordinates - X: 2477400 Y: 276200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - cc: 11/27/96
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - North Topsail Beach
Land Classification From LUP - Limited Transitional
(B) AEC(s) Involved: ES(ORW)
(C) Water Dependent: Yes
(D) Intended Use: Community Piers For Residential Subdivision
(E) Wastewater Treatment: Town Of North Topsail Beach
(IF) Type of Structures: Existing - Streets, Utilities & Gazebo
Planned - Single Family Residences & Water Structures
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nRFnr.IPTI TTT T VT r,r.•r,,.,,
- ? - V 1111%1\
(A) Vegetated Wetlands
N/A
(B) Non-Vegetated Wetlands
N/A

(C) Other Covering
Public Trust Waters 16,000 sf +-
(D) Total Area Disturbed: Approximately 16,000 square feet
(E) Primary Nursery Area: Yes
(IF) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The Applicants propose to build a total of three community
piers and docks, two having 10 slips and a third with 9 slips. The slips will be for the
use of homeowners in this subdivision. Crystal Shores, Section H currently has a Major
Permit, /#123-93, that covers the subdivision development and one of the above-
referenced community piers. A second modification has been requested covering the two
additional community piers and docks.
Crystal Shores II
r , December 5, 1996
Page 2
9. PROJECT DESCRIPTION - PERMIT MODIFICATION REQUEST
Crystal Shores Subdivision, a.k.a. Osprey, is a 38-lot residential development located off of Highway
1568 in North Topsail Beach, Onslow County. A Major CAMA Permit was issued November 16, 1993
for street construction and development of this subdivision, Permit #123-93. In May, 1996 the applicant
requested a modification to the Major Permit to allow for one 10-slip community pier. The modification
was granted and a modified Major Permit was issued in July, 1996 authorizing the construction of one
community pier with dock. The applicant is now applying for two additional community piers/docks
providing a community marina of three piers for the subdivision with a total of 29 boat slips. As the Site
Plan indicates two piers would have 20 boat slips (10 each) with one pier providing 9 slips. An
Environmental Assessment describing the potential impacts from the community marina was prepared and
submitted for review in August, prior to the Modification Application being received.
The subdivision is located on the site previously operated as an air strip. Crystal Shores is surrounded
by the waters of Mason Creek and Alligator Bay, off of the Atlantic Intrac
rwa . These waters
have been classified as Outstanding Resource Waters by the Divisio Of Environmental Manageme
They have been designated as Primary Nursery Area by the Division Of
1-iey are open
to the taking of shellfish. Mason Creek has shellfish leases and is said to be a highly productive area.
For this reason th e applicant has been encouraged to rotect the shellfish resources of Mas on Creek b
reducing or eliminatin viers and other structures Mason Creek is a small embayment between North
Topsail Beach (island) and the peninsula formed by the land being developed as Crystal Shores a.k.a.
Osprey. A desire to eliminate piers within Mason Creek, but still allow water access is the reason the
applicant is proposing this community marina in Alligator Bay. As the regulations are currently written,
35 of the 38 platted lots border the water and each lot owner is entitled to build a pier, dock and
boathouse. Each pier is entitled to four slips under current rules, for a cumulative total of 140 slips for
this one subdivision. In anticipation of constructing community pier(s), recorded subdivision covenants
would prohibit lots other than 1, 3, 4, 5, 6, and 7 from having individual piers thus reducing the total
number of piers and boat slips significantly. An individual pier permit has already been issued for Lot
#1.
The proposed community piers and docks are shown on the site plan accompanying this report. The
proposed piers are 6' wide with 2' wide "finger" piers running off of them. The piers as proposed are
approximately 200' long with an 8' by 8' covered dock or gazebo at the end. Approximately 16,000
square feet of public trust waters would be covered by the proposed community marina area. This figure
includes the one community pier/dock that has already been authorized by a previous modification.
Construction and operation of the community marina would not require dredging. The piers would be
located on open water which receives regular tidal flushing. Boats moored at this facility will be limited,
by permit condition, to no more than 24' long with no cabins.
10. ANTICIPATED IMPACTS
The marina project would cover 16,000 square feet of public trust waters in Alligator Bay. Productive
shellfish beds could be negatively impacted by increased boat traffic, runoff, and increased human activity
in and around these waters. However, the anticipated negative impacts with this community facility are
less than what would be anticipated with 35+ piers, docks and boat houses.
Janet M. Russell / Wilmington / December 5, 1996

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.
Mr. John A. Elmore, II
Name Parterc Neck Co Many, TF}Q
Address 1202 Pnrters Nark RnAd
Phone Wilminzton, NC 28405
Name Robert and Elizabeth Cassidy (Lot 4)
Address 97 Wedgemere Road
Phone Stanford, Connecticut 06905
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.
Major CAMA Permit #12
Shores, Inc. dated November 16, 1993;
Rtnrmwatar Permit to rrgct l ShnroSTTnf.
* (See Below)
• 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.
Major Modification to CAMA Permit 123-93
dated 07-19-96.
Revised 03/95

6. CERTIFICATION AND PERMISSIOP
TO ENTER.-ON-LAND,-,__
I understand that any permit issued in response to thi:
application will allow only the development described h
the application. The project will be subject to condition:
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposes
activity complies with the State of North Carolina',
approved Coastal Management Program and will bs
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 federa_
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 thi,
application is truthful to the best of my knowledge.
This is the 3 day of C>cT36 19 R (?
Print Name Gordon R. McAdams, P . E .
Signature /I - /,L r
3WYAMRM Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Project X1930802, dated August 27, 1993;
water system permit to Onslow County,
Serial X104-67-035, dated September 23, 19,
sewer system permit to North Topsail
Water & Sewer, Permit No. WQ0008266,
dated August 30, 1993; Erosion Control
Permit to Crystal Shores, Inc., Project
No. 930801 ON dated August 19, 1993.
Form DCM-MP4
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)
(1) _ Commercial X Community _ Private
(2) Number 2
(3) Length 200 feet
(4) Width 6 feet
(5) Finger Piers Yes No
(i) Number 11
(ii) Length 16 feet
(iii) Width 2 feet
(6) Platform(s) X Yes No
(i) Number 2
(ii) Length feet x
(iii) Width ee aze 5-5-
(7) Number of slips proposed 19
(8) Proximity of structure to adjacent riparian
property lines 476 _ ft. to West; 330 ft.
(9) Width of water body 1300 ft. +/-
(10) Water depth at waterward end of pier at
MLW or NWL 4.0 ft. +/- NWL
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
C. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
wetlands J 12
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
',
OCT 0 7 1996
0!VIQ10j , CF
COASTAL 101ANAGE1 IE",IT
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.)N/A
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
N/A
to East
Crystal Shores II
Applicant or Project Name
/` `? C/Ij'v
Signature
to L
Date
Revised 03/95
.t
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stonnwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
rys a ores, nc.
a. Name Joel Tomaselli President
Address 2840 South College Rd Suite 356
Qa naD ccf P
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New Work
C. Will the project be for community, private, or
commercial use?
CityWi1m1n9t0n State NC d. Describe the planned use of the project.
ZiP , aL12 _ Day phone (919) ?1 -0660 27 lot residential subdivision
X Landowner or Authorized agent
b. Projectname(ifany) - crystal Shorp; TT
c. If the applicant is not the landowner, also give the
owner's name and address.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _77.7 arrPG +
b. Size of individual lot(s)smpi lest lot
C. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 _>`t<,- 6 Ft _ above nr S L
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tracts ivv s bPa?h rasses
and other marl tune ve-etation.
f. Man-made features now on tract A i rnnrt
y
g. What is the CAMA Land Use Plan Classification of
d. Is proposed work within city limits or planning the site? (Consult the local land use plan.)
jurisdiction? North Topsail Beach
on X Transitional
e. Name of body of water nearest project Developed
Alligator Bay Community
Rural Other
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NCSR 1568
b. City, town, community, or landmark
North Topsail Beach
c. Count Onslow
h. How is the tract zoned by local government?
R
i. How are adjacent waters classified?
---S91.Qfl1?
example, building a home, motel, marina, bue knead r:?'" a Professional archaeological survey been
or pier). Streets water mains and sewer , -. am?ed out,for,the tract? No If so, by whom?
mains to serve 27 lot residential L?
subdivision. j?•R
a. Describe all development activities you pro ose f
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
3/91 DIVIS'OU OF
COASTAL MANAGEMENT
1
5 ` UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed None of nnnPri by
Developer-private homes by individual
! of -owners.
b. Number of lots or parcels 27
c. Density (Give the number of residential units and the
unitsperacre.) 27 residential units 0.34
units/acre
d. Size of area to be graded or disturbed
2.-,9 Acres
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 submitted to the Division of Land
Resources? Yes
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asnhal t
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Yes
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Rn vravi tv nnl 1 or+.,., mom; n? a
wer DoT, ,fie
rn?mn ctatinn to ho rnnnn..4• a +n * }h
Tnn?ail Wa+ar anA c Tn Ctre
---r_tem

m. Watersupply source 6nslow Countv
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A (Individual homeowners will
comply with local flood ordinance
regulations as enforced by Building
ins
±or.?
6 EXCAVATION AND FILL
INFORMATION N/A
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
OvILW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MEW
j. Have these facilities received state or local approval? Upland fill
Approval pending areas
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/cornmercial effluent, "wash
down"). NSA
2
b. Amount of material to be excavated from below
water level in cubic yams
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
3/91

i f. Dimensions of spoil disposal area
g. Location of spoil disposal area
i.
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance?
If so, where?
j. Does the. disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap _? ?G f PPt
b. Average distance waterward of mean high water or
normal waterlevel Bulkhead above mean high
water line

e l?J?
c. Shoreline erosion during preced months, in _
feet 0
d. Type of bulkhead material wood
e. Amount of fill, in cubic yards, to be placed below
mean high water nnna
f. Type of fill material N/A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 property. 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 work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 710203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the ipp_T6R o('
that opportunity,
AUG. 1 ? ,,.,
DIVIS;_`•1 C^
3/91 COATS TAL SENT 3
N,Sme Mr. John A. Elmore. II
Address Porters Neck Company, Inc
1202 Porters Neck Bend
Wilmington, NC 28405
Name Mr. George Jeffreys
Address PO Box 188
Goldsboro, NC 27533
Name
Address
A list of previous state or federal permits issued for
work on the project tract Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION A EMISSION
TO ENTER ON LAND
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 ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further 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
project.
This is day of 19 ?3
Lan ctwmer or A thorized agent
3 N.1
Permit Class
MODIFICATION/MAJOR
Permit Number
117'1-9'1
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
rrmit.
In 16,r?' T L7""
11 11 9 G 1QGQ DL
for - V
X Major Development in an Area of Environmental Concern DIVISION OF
pursuant toNCGS 113A-118 COASTAL MANAGEMENT
Excavation and/or filling pursuant to NCGS 113-229
Issued to
authorizing development in New Hanover County at Allig for Ray, nld aimnrt citP? i 4R 156R, Tort -
Topsail Beach -as requested in the permittee's application dated 5/29/96 in h-idina attach d worknlan
drawings 2 dated 1/8/96. c,
This permit, issued on 7 - 19 ! 6 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This major modification authorizes one 200' long community pier with an 8' by 8' covered platform
and six 2' wide finger piers, resulting in a total of ten (10) boat slips. This modification must be
attached to the original of permit 123-93, which was issued on 11/16/93, and the minor modification
of 10/10/95, and all documents must be readily available on site when a Division representative
inspects the project for compliance. All stipulations and conditions of the original and modified
permits remain in force unless altered herein.
2) The proposed community pier structure must be located within the easement between lots 9 and 10
as depicted on the workplan drawings dated 1/8/96, and the pier alignment must be approved by a
representative of the Division of Coastal Management prior to the initiation of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1996
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
?,. ger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Perttittee
1 ,
Crystal Shores II
ADDITIONAL CONDITIONS
Permit#123-93
Page 2 of 3
NOTE: The approval of this community docking facility was based in part on the inclusion in the
Crystal Shores II Covenants Conditions and Restrictions of a protective covenant
prohibiting the construction into adjoining waters by individual lot owners (with the
exception of the owners of Crystal Shores II lots 3, 4, 5, 6, and 7) of "piers, pilings, posts,
boatslips or other structures". In the event that the protective covenant is altered to allow for
individual pier construction, the permittee is advised that permit authorization for piers on
individual lots is not guaranteed.
NOTE: The proposed development will not cause a recommendation for closure of open shellfish
waters adjacent to the project site. However, the permittee is advised that proposals for
additional piers on the lots affronting Alligator Bay or Mason Creek will necessitate a
reevaluation to determine if a closure of open shellfish waters is warranted. A
recommendation for closure of open shellfish waters would be a violation of
T15A:07H.0208(a), and would therefore be grounds for permit denial.
Docking Facility Construction
3) In order to minimize potential impacts to the primary nursery area and open shellfish waters adjacent
to the proposed project, no in-water construction activities will be permitted between April 1 and
September 30 of any year without the prior approval of the Division of Coastal Management
4) This modification does not authorize the dredging of any open water areas.
NOTE: The permittee is advised that any future requests to allow for dredging within Alligator Bay
or Mason Creek would likely be found inconsistent with the rules of the Coastal Resources
Commission.
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during periods of darkness or inclement weather.
Docking Facility.012eration
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using
the docking facility. Any sewage discharge at the docking facility shall be considered a violation
of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
Permit#123-93
Page 3 of 3

Ge- neral
6) This permit authorizes only the docks, piers, and other struc
water that are expressly and specifically set forth in the a tares and uses located in or over the
whether floating or station P rmit application. No other structure,
permit modification. No non- ti
may become a ter dependent uses of nt
part of this docking facility without
public trust waters without permit modification. structures may be conducted on, in or over
3 7) This permit does not authorize the interference with an exi '
and the permittee shall not be entitled to compensation y existing or proposed Federal Project
? structure or work which may be caused from on for damage or in' J
Jmy
to the authorized
United States in the public interest. existing or future operations undertaken by the
a) No attempt will be made by the permittee to
navigable waters at or adja ent to the U?oriPeavent the free and full use b
interfere with the public's right to free navigation on wor k? Use of the e y the public of all
all navigable Ovate s of ?etU? d t not
9) The permittee will maintain the authorized work in ood fates.
terms and conditions of this g condition and in conformance with the
permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to
a third ply.
10) It is possible that the authorized structure may be damn
The issuance of this permit does not relieve the e ged by wavewash from
the integrity of the permitted structure and the safety of moored boats. The e
any such damage. P rmittee shall not
NOTE.- The recorded plats for the proposed develo men
Alligator Bay and Mason Creek. P t show property lines extendin
Carolina claims The Permittee is advised that the State of North to
ownership to all lands falling below the mean high water line.
NOTE- The N.C. Division of Environmental Mann em
DEM Project No. 960446. g ent has assigned the proposed project
N?E: The U.S. Army Corps of Engineers has assigned the proposed project COE
Action Id. 199603618.
4

fi ??:O+OrOxO?w .s _
Permit Class
MODIFICATION/MINOR
123-93
STATE OF NORTH CAROLINA
Department of Environment,nHealth & Natural Resources
and D JCA
Coastal Resources Commission
era tt OCT 13 1995
for DIVISION OF
X Major Development in an Area of Environmental CoG STAL MANAGEMENT
pursuant to NCGS l l3A-118--:
Excavation and/or filling pursuant to NCGS 113-229
Issued to Crystal Shores, Inc., 2840 S. College Rd., Suite 356, Wilmington, NC 28412
authorizing development in Onslow County at Alligator Bay & Mason Creek, N.
Topsail Beach adj. to Airport as requested in the permittee's application dated letter dated 9/10/95 &
attached workplan drawings, 6, dated 8/1/95.
This permit, issued on _ OCTOBER 10. 1995 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit modification authorizes the construction of a gazebo adjacent to Mason Creek. The
gazebo must be constructed in strict accordance with the attached workplan drawings.
NOTE: This permit does not authorize the construction of a boardwalk leading to the gazebo.
2) A ground cover of Dicondra Dicondra ratans carolinas shall be planted within the 10' access
easement area within 30 days of completion of the gazebo.
3) This modification must be attached to the original of Permit No. 123-93, which was issued on
11/16/93, and all documents must be readily available on site when a Division representative
inspects the project for compliance.
4) All conditions and stipulations of the original permit remain in force under this modifiction
unless altered herein.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31. 1996
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
a???OxOxOxO
Permit Number
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Permit Number
123-93
STATE OFNORTH- CAROLINA
Department of E,nvironinent, 'Health & Natural Resources
y = viand .'"
Coastal Resources Commission'` ^ r -
..fir jw` )i 'rnhj),
Mt it` tea/ O FC 9 1993
for
Major Development in an Area of Environmental Concern D1 VI S,'O N OF
pursuanttoNCGS 113A-118 COASTAL 11Al"11 SEMENT
Excavation and/or filling pursuant to NCGS 113-229
Issued to Crystal Shores, Inc., 2840 S College Rd. Ste. 356, Wilmington NC 28412
authorizing development in Onslow County at Alligator Bay & Mason Creek, North Topsail Beach
adjacent to airport as requested in the permittee's application dated workplan
drawings entitled "Crystal Shores-Section II", sheet 1 dated revised 8/13/93; sheets ate
7/23/93; sheet 3 dated revised 8/19/93. an sheet ate revises //29/Y3.
This permit, issued on November 16, 1993 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) The project must be built in strict accordance with the areas calculated by DEM and placed in
the protective covenants of a built-upon area not to exceed 4854 sq. ft. on the sound side. This
is required due to the ES ORW AEC.
2) The building envelope on each lot must be readily identifiable in order that the buyer or his
agents understand what areas must be avoided.
3) The alignment of the bulkhead along the access road/causeway must be confirmed by a
representative of the Division of Coastal Management.
NOTE: CAMA minor permits may be obtained for the individual residential structures from the
Town of North Topsail Beach.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the pennittee or
other qualified persons within twenty (20) days of the
issuin;7 date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the pennit expires on
Signed by the authority of the Secretary of DEHN-R and the
Chairman of the Coastal Resources Commission.
ge :'. Sclncctcr, Director
Division of Coastal Management
This permit and its conditions arc hereby accepted.
December 31. 1996
In issuin?? t1?is permit, the State of North Carolina agrees
that \?our project is consistent with the North Carolina
Coastal \lanagcmcnt Pro!,ram. -- -------- - -----
Si'maturc of Pcrlnlttce
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Crystal Shores, Section II
Permit #123-93
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: With reference to lot lines depicted on the workplans as extending into the water, the
State of North Carolina takes exception to any assertion or claim or ownership to lands
located below the mean high water mark.
NOTE: The presence of shellfish leases in Mason Creek, and the narrow width of some lots as
they approach the Creek may make pier permitting more difficult.
NOTE: An approved stormwater submittal is on file with the Division of Environmental
Management in Wilmington, NC.