HomeMy WebLinkAbout20121144 Ver 1_CAMA Application_20121227Beverly Eaves Perdue
Governor
, 4 20121144
106ER
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
niractnr E
December 21, 2012
MEMORANDUM:
iL C�� DO
0EC272012
DENR - WA R ouA rry
TO: Karen Higgins LWOUndsasta
401 Oversight
Division of Water Quality- Surface Water Protection
Dee Freeman
Secretary
FROM: Doug Huggett, NC DENR -DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Preserve Holdings, LLC c% William Scudder
Project Location: off of Long Beach Rd/US Hwy 133, adjacent to the AIWW, in Oak Is., Brunswick Co.
Proposed Project: to construct a community docking facility
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Hu4crett at the address above by January 16, 2013. If you have any questions
regarding the proposed project, contact Heather Coats at (910) 796 -7215, when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
SIGNED
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.
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910. 796-7215 \ FAX: 910-395.3964 Internet: www.nccoastaimanaciement.net
An Equal Opportunity \ Affirmative Action Employer
tCarolina
ural;;
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Preserve Holdings, LLC, c/o William Scudder
2. LOCATION OF PROJECT SITE: The project is located off of Long Beach Rd/US Hwy 133, adjacent to the
Atlantic Intracoastal Waterway (AIWW), in Oak Island, Brunswick County.
Photo Index - 2006: 9 -6127: 3-4, P -R 2000: 9- 89: 22 -23, G -I 1995: 9 -81: 2-4, H -J
State Plane Coordinates - X: 2280517 Y: 64653 GPS — Q1221 I IA
Latitude: 33 °55'26.55335 "N Longitude: 78 °04'31.64620 "W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —3/3/09,6/30/09 & 4/11/12
Was Applicant Present — No (agents present on 3/3/09 & 4/11/12)
5. PROCESSING PROCEDURE: Application Received — 12/20/12 (complete)
Office - Wilmington
6. SITE DESCRIPTION!
(A) Local Land Use Plan — Town of Oak Island
Land Classification From LUP — Low Density Residential
(B) AEC(s) Involved: EW, PTA, ES, CW
Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing — Municipal Planned- N/A
(F) Type of Structures:
Existing — Condominium buildings, boardwalks and clubhouse /pool.
Planned - Eight -slip open water docking facility, two access piers and high ground gazebo.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED QIM
(D) Total Area Disturbed: 5,072 sq. ft.(0.12 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
(G) PROJECT SUMMARY: The applicant is proposing to construct an 8 -slip community docking facility
with two access piers and a highground gazebo.
3,180 sq. ft
(A) Vegetated Wetlands- Coastal Wetlands
(CW, shaded)
—960 sq ft.
§404, shaded
(B) Non - Vegetated Wetlands
—932 sq. ft.
(incorporated)
(Open water
(C) Other - Highground
(D) Total Area Disturbed: 5,072 sq. ft.(0.12 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
(G) PROJECT SUMMARY: The applicant is proposing to construct an 8 -slip community docking facility
with two access piers and a highground gazebo.
Preserve Holdings, LLC, c/o William Scudder
Page Two
9. PROJECT DESCRIPTION
The project is located off Long Beach access Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in
Oak Island, Brunswick County. To find the project site, travel south on US Highway 17 to NC Highway 133
South. Travel approximately 22 miles south on NC -133 to Dosher Cutoff SE/ NC- 133.Tum onto Dosher Cutoff
and then turn right at Southport- Supply Rd. SE/ NC -133. Travel approximately 0.8 mile and turn left onto NC-
133/Long Beach Road SE. Travel approximately 2.1 miles and turn right at the Brunswick County Airport, across
from Vanessa Drive SE /Old Bridge Road SE. Turn left onto the access road running parallel to Long Beach Road,
travel approximately 0.25 mile and the property will be located on the right.
The entire property consists of three parcels (Parcel Numbers: 2360009, 236KC001 & 236KD001) totaling
approximately 42 acres, located within the planning jurisdiction of Oak Island. The property is bordered by the
Brunswick County airport to the west and north, an undeveloped tract of land to the east and high marsh and the
AIWW to the south. The high marsh to the south is deeded to DWE I, LLC, et. al. and Charles W. Keller Family
Trust (Brunswick County Parcel #23600021). The subject property is deeded to metes and bounds; however, the
normal high water (NHW) line does appear to extend beyond the southern property boundary within the project
area for a shoreline length of approximately 583 linear feet (See Sheet C2). According to a preliminary
investigation by the Attorney General's office, the parcel waterward of the subject property does not appear to be
associated with a legitimate submerged land claim. Three condo buildings have been constructed, with two
buildings remaining incomplete and sixth building approved for a total of 246 units allowed under the Planned
Use Development (PUD) approved by the Town of Oak Island on April 19, 2004 (2004000 1). A pool/clubhouse,
pile supported bridge and boardwalks have also been constructed onsite.
The waters of the AIWW, adjacent to the project site, are classified as SA by the North Carolina Division of
Water Quality. They ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries, and they are closed to the harvest of shellfish.
PROPOSED PROJECT
The applicant is proposing an 8 -slip community docking facility with two access piers and an upland gazebo. The
eight -slip dock would consist of two piers. The first, eastern pier would originate from an existing wooden
boardwalk on a high ground island at the northeast comer of project area and would extend over wetlands
(elevated a minimum of 3' above the coastal wetland substrate) to a high ground peninsula near the southeast
comer of the property. This pier would measure approximately 335' in length by 6' in width. A 20' in length by
20' in width octagonal gazebo is also proposed on the peninsula. This gazebo would be located outside of both the
Coastal Wetland and 75' Estuarine Shoreline Areas of Environmental Concern (AECs). From this gazebo, a
second pier would continue west across the marsh to the high ground on the western side of the property near
Building #3, a distance of approximately 352' in length. At the center of the second pier, a third leg of the pier
would branch off and lead south to open water (see Sheet C2). This pier would terminate into a second octagonal
gazebo which would also have 20' x 20' outer dimensions. The second gazebo would then lead onto a proposed
8 -slip floating T- head/dock which would measure 100' in length by 6' in width. The current water depth in the
location of the proposed floating dock appears to be approximately -1.5' at Normal Low Water (NLW), according
to a site visit conducted.
Preserve Holdings, LLC, c/o William Scudder
Page Three
10. ANTICIPATED EWPACTS
The proposed pier and eight -slip docking facility would incorporate approximately 932 sq. ft. of Estuarine Waters
and Pubic Trust Area. The proposed piers would shade approximately 3,180 square feet of Coastal Wetlands and
approximately 960 square feet of §404 wetlands. The proposed docking structure would not encroach into the
adjacent 15' Riparian Corridor Setback Areas, as shown on plans, nor into the US Army Corps of Engineers
federal channel setback and would extend approximately 95' into the waterbody, which measures approximately
470'+ across, and thus meets the ' /a width rule. Increases in turbidity should be expected during construction. The
dock would be located within a primary nursery, with depths of approximately -1.5' at NLW. The structure could
result in shoaling, further reducing water depths.
Submitted by: Heather Coats Date: 12/21/12 Office: Wilmington
CAMA Major Development Permit Application Revisions
The Preserve at Oak Island
U.S. Hwy 133, Oak Island, Brunswick County, North Carolina
ECS Project. 22- 13793G
1.1 PROJECT HISTORY & NARRATIVE
The approximate 9 acre project area (i.e. site or subject site) is situated within the
existing Preserve at Oak Islands condominium complex (--42 acres). The site is situated
north and adjacent to the Atlantic Intracoastal Waterway (AIWW) and approximately 500
feet west of the Oak Island Bridge (Figures 1, 2, 3 and 4). The western portion of the
subject site is developed with one condominium building (Building #2); there is an
existing raised walkway located on the northeastern portion of the site; two undeveloped
upland "islands" are located on the northeastern and southeastern portions of the site;
and the remaining portion of the site is undeveloped wetlands. Existing high ground
vegetation on the western portion of the subject site consists of maintained lawn grass
and ornamental landscaping. There are approximately 5 acres of wetlands located
within the central portion of the site, which consists of Jurisdictional Section 404
wetlands and coastal wetlands. Existing coastal wetlands located along the shoreline of
the property include smooth cordgrass (Spartina alterniflora), black needlerush (Juncus
roemerianus). The upland "island" on the northeastern portion of the site is currently
mowed /maintained and the upland "island" on the southeastern portion of the site is
vegetated with loblolly pine (Pinus taeda), wax myrtle (Myrica cerifera) and other
assorted plant species.
The remaining portion of the Preserve at Oak Island is located outside of the designated
project boundary. The Preserve at Oak Island is developed with three (3) existing
condominium buildings with associated parking areas, a pile supported bridge, elevated
boardwalks throughout the site and a community clubhouse with a pool. The Town of Oak
Island authorized up to six (6) condominiums; however, Building 5 and 6 have not been
completed. There were 246 units approved for construction in the Planned Use
Development (PUD) by the Town of Oak Island on April 19, 2004 (20040001). There are
currently no water dependent structures on the site.
On May 17, 2004, the larger 42 -acre property received a Jurisdiction Determination (JD)
from the Army Corps of Engineers (USACE), Action ID 200400696 (Appendix 1). This
Action ID also authorized the pile supported bridge that is elevated over existing
Jurisdictional Section 404 located north of the subject site. The original JD included the
subject site. The N.C. Division of Water Quality issued General Permit No. NCG100000
on October 17, 2007 for the upland development and the N.C. Division of Coastal
Management (DCM) determined that the upland portion of the condominium development
was located outside the 75 foot Estuarine Shoreline Area of Environmental Concern (AEC).
On February 18, 2009, the coastal wetlands boundary and the normal high water line
(NHW) were verified by Ms. Heather Coates with the DCM. After verification was
received by Ms. Coates, the coastal wetlands, NHW and NLW lines were surveyed. On
March 19, 2009 a CAMA Permit Application was submitted to the DCM for the proposed
construction of an access pier, gazebo and floating dock.
During the permit application review process, it was revealed that a parcel of land
previously owned by Mr. Charles Keller was located seaward of the Preserve at Oak
Island. After further review, it was revealed that pockets of "high marsh" are located
within the seaward parcel, and the proposed access pier encroached over the pockets of
"high marsh ". The permit application was placed on hold and the permit was not issued.
CAMA Major Development Permit Application Revisions
The Preserve at Oak Island
U.S. Hwy 133, Oak Island, Brunswick County, North Carolina
ECS Project. 22- 13793G
ECS contacted the Brunswick County Tax Office, and was informed that seaward Parcel
is currently owned by DWE I, LLC, et. al. Mr. Keller appears to still have partial
ownership of the seaward parcel.
In May 2009, the JD issued by the USACE expired. In December 2011, Mr. Paul
Pascarosa delineated the Section 404 wetland boundary, coastal wetland boundary and
normal high water boundary. On January 4, 2012, ECS personnel conducted a site visit
with Ms .Emily Hughes of the Army Corps of Engineers. The purpose of the site visit
was to obtain a valid JD of the wetland boundary located within the project area. The
remaining portion of The Preserve at Oak Island was excluded from the wetland
delineation. On March 8, 2012, the Ms. Hughes issued a JD for the site (Action ID
201200034). The Section 404 wetland boundary, coastal wetland boundary_ and NHW
line were subsequently surveyed by Hanover Design Group. In April 2012, Ms. Heather
�Coatee of the DCM field verified the coastal wetland boundaries depicted on the
attached site plans.
The site plans have been redesigned and the proposed access pier and floating dock
are currently greater than 15 feet from the riparian corridor line of the property owned by
DWE I, LLC, et. al.
1.2 Water Classifications, Zoning, and Adjacent Uses
The AIWW in this location is classified as SA -High Quality Water (HQW) by the N.C.
Environmental Management Commission, indicating that state deems the project waters
suitable quality for shellfishing for the purpose of marketing or human consumption. This
area of the AIWW is closed to the harvesting of shellfish by the N.C. Department of
Environmental Health Shellfish Sanitation and Recreational Water Quality Section. The
project area is designated as a Primary Nursery (PNA) by the N.C. Marine Fisheries
Commission.
1.3 Proposed Development
The proposed activity includes the construction of a community docking facility to
accommodate 8 boat slips for the residents of The Preserve at Oak Island
condominiums. The proposed construction plans includes 3 access piers, two gazebos
and a floating dock.
There is an existing raised walkway located on the northeastern portion of the site. The
project includes a 335' extension to the existing raised walkway (access pier #1). The
extension will lead to a gazebo located on an upland "island" on the southeastern portion
of the site. A second raised access pier (access pier #2) will extend approximately 352'
east, from Building #2. The second raised access pier will also lead to the gazebo on
the upland "island ". A third access pier (access pier #3) will be situated perpendicular to
access pier #2, and extend 175' seaward, towards the AIWW. Each of the three access
piers will be 6 feet wide. There is a proposed gazebo located at the southern end of
access pier #3, which leads to a gangway and a 100' x 6' floating dock. The proposed
gazebo is an octagon with equal sides measuring 8.2 feet long. The width between
each parallel side is 20 feet, and the total area of the gazebo is 332 square feet. The
floating dock will accommodate up to 8 boat slips. The depth of water at the proposed
floating dock ranges from -1.68 to -2.8 (based on NLW). There are no finger piers
proposed at this time.
CAMA Major Development Permit Application Revisions
The Preserve at Oak Island
U.S. Hwy 133, Oak Island, Brunswick County, North Carolina
ECS Project. 22- 13793G
The applicants are proposing up to four (4) permanent slips on the waterward side of the
floating dock and up to four (4) permanent slips on the landward side of the floating dock
for a total of eight (8) slips; however, the applicants would also like to accommodate self
propelled vessels such as kayaks and canoes on the landward side of the floating dock.
The proposed structure for the community docking facility will extend 90 feet into a
waterbody measuring 500 feet across, which will not exceed the % width rule.
The proposed docks are located along Tangent 2 of the ANWV. According to Mr. Justin
Amette with Navigation Branch of the USACE, there is an 80 -foot setback extending
from the AIWW channel along Tangetn1, 2 and 3. The proposed structures are over 100
feet north of the AIWW 80 foot setback requirement and will not encroach into the
adjacent riparian property owners' 15 foot setback requirement (Appendix II, Sheets 1, 2
and 3).
2.0 CONCLUSIONS
Based on the potential to enhance the existing condominiums complex, it is the opinion
of ECS that the site is eligible for the CAMA Major Development Permit for the
construction of the community docking facility. This will allow the condominium owners
the ability to access the local waterbodies and the resources they provide.
MaI
APPLICATIONfor
Major Development Permit
OM revbed 1Z/Z =)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Preserve Holdings, Llc
Project Name (if applicable)
The Preserve at Oak Island community dock
Applicant 1: First Name
William
MI
T.
Last Name
Scudder
Applicant 2: First Name
MI
Last Name
Kaddtional applicants, please attach an additional page(s) with names listed.
Mailing Address
9404 Greenfield Drive
PO Box
City
Raleigh
State
INC
ZIP
27615
Country
USA
Phone No.
919 - 750 - 3452 ext.
FAX No.
- -
Street Address (rf different from above)
City
State
ZIP
Email
william.scudder@landwondnc.com
2- ABentl'Contractor Information
Business Name
ECS Carolinas, LLP (ECS)
Agent/ Contractor 1: First Name
MI
Last Name
Carmen
P.
Pascarosa
Agent/ Contractor 2: First Name
Mi
Last Name
Mailing Address
PO Box
City
State
7211 Ogden Business Park, Suite 201
Wilmington
N.C.
ZIP
Phone No. 1
Phone No. 2
28411
910 - 686 - 9114
ext. 255
910 - 547 - 5665
ext. (cell)
FAX No.
Contractor #
910 686 9666
Street Address (d different from above)
City
State
ZIP
Email
cpascarosa @ecslimited.com
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MAR �,' 3 2012
�.�4 ,b�:i� �i�i �G �11oP4i i- ✓ «: '�^ tl��.
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Form DCM MP -1 (Page 2 of 5)
APPUCanoN for
Major Development Permit
3. Project Locadon
County (can be multiple)
Street Address
State Rd. #
Brunswick
Long Beach Road/U.S. Hwy 133
d. Apprordmate elevation of tract above NHW (normal high water) or
Subdivision Name
City
State
Zip
The Preserve at Oak Island condominiums
Oak Island
N.C.
28465-
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
0 1 1 ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear River
Atlantic Intracoastal Waterway (AIWW)
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
Cape Fear River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
National Register listed or eligible property?
Oak Island
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fL)
410 linear feet along the NHW line.
-'9 acres within original 42 acre tract
c. Size of individual lots)
d. Apprordmate elevation of tract above NHW (normal high water) or
WA,
NWL (normal water leveO
, I
(If many lot sizes, please attach additional page with a list)
6 to 20 feet ®NHW or ❑NWL
e. Vegetation on tract
Maintained lawngrass, ornamental landscaping, jurisdictional 404 wetlands and coastal wetlands.
f. Man -made features and uses now on tract
Three (3) multifamily condominiums units, community clubhouse, highground boardwalks, parking areas, roads and pile
supported bridge are located throughout the Preserve @ Oak Island. The current project boundary is mostyl wetlands. It
includes a portion of Building #2 and an upland isalnd" located on the southeast portion of the site. Development was
authorized up to six (6) buildings.
g. Identify and describe the eAsting land uses adiacent to the proposed project site.
Airport is (coated west and north. The undeveloped land to east is currentily zoned residential and permited for
devlelopment (reference CAMA permit 96-11)
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, If applicable)
Was []No ❑NA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No ®NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No ®NA
National Register listed or eligible property?
<Fortn continues on next page> MAR I � 2012
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Form DCM MP -1 (Page 3 of 5)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes []No
(Attach dDcurnentailon, if available)
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe e)dsbng drinking water supply source.
Municipal
p. Describe existing stone water management or treatment systems.
Existing freshwater ponds
5. Acdvides and Impacts
a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed facility will provide access for the residents of the condominiums for the aesthetics and to local waterbodies
with use of small run - abouts and self propelled vessels including kayaks and canoes.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Typical marine construction techniques will be incorporated during the construction process of docking facility, which
includes jet pumps to install pilings. Material and equipment will be stored entirely on high ground to minimize impacts to the
marsh.
d. Ust all development activities you propose.
The applicant is proposing to construct a community dock to support 8 boat slips. An existing raised walkway is located on
the northeastern portion of the site. The project includes a 335' extension to the existing raised walkway (access pier #1).
The extension will lead to a gazebo located on an upland "island" on the southeastern portion of the site. A second raised
access pier (access pier #2) will extend approximately 352' east, from Existing Building #2. The second raised access pier
will also lead to the gazebo on the upland "island ". A third access pier (access pier #3) will be situated perpendicular to
access pier #2, and extend 175' seaward, towards the AIWW. There is a proposed gazebo located at the southern end of
access pier #3, which leads to a gangway and a 1 00' x 8' floating dock. There are no finger proposed at this time.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both. The buildings, infrastructure and
a portion of access pier #1 have
already been developed.
f. What is the approximate total disturbed land area resulting from the proposed project? 1,931 (gazebo on upland island)
®sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of erdsbng and proposed discharges to waters of the state.
N/A
MAR 2012
I. Will wastewater or storrnwater be discharged into a wetland? ❑Yes ❑MOB jlq;,r c; . ±, ,.a - ;, �,,
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA
J. Is there any mitigation proposed? ❑Yes []No ®NA
If yes, attach a mitigation proposal.
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Form DCM MP -1 (Page 4 of 5)
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APPLICATION for
Major Development Permit
6 Additionallnformadon
In addition to this completed applira6on form, (MP -1) the following items below, if applfcae, must be submitted In order for due application
package to be complete. !tens (a) — (0 are always applhm6/e to any major development appllcaflon. Please consult ft application
instruction booklet on tow to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross - sectional drawings) drawn to scale. Please give the present status of the
proposed pmjecL Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is suffhclentty detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims titre to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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
Name Mr. Richard Paola Phone No.
Address 2941 Bennington Court, Winston-Salem, N.C. 27106
Name Brunswick County Airport Commission Phone No.
Address 4019 Long Beach Road, Oak Island, N.C. 28465
Name Mr. Charles Keller Phone No.
Address 6074 Anchor Wage lane, Southport, N.C. 28461
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pennittee, and issuing dates.
USACOE Action ID 200400696 September 29, 2004 DWQ General Permit No. NCG100000 October 17, 2007
Oak Island Planned Use Development (PUD) April 19, 2004
h. Signed consultant or agent authorization form, If applicable.
i. Welland delineation, if necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1 -10), If necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act
17. 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 the conditions and restrictions contained in the permit.
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.
Date _March 12, 2012 Print Name C. Paul Pascarore A ent)
Signature
Please indicate application attachments pertaining to your proposed project.
ODCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts k1AR Q 2012
®DCM MP -3 Upland Development
®DCM MP-4 Structures Information
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Fom DCM MP-3
UPLAND DEVELOPMENT
(Constmadon and/or land dlstarrbing activitiles)
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 that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
Octogon shapped gazebo with 20 foot distance between
parallel sides
c. Density (give the number of residential units and the units per
acre).
NA
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.
(I) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of land Resources?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
1,931 sq. ft.
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
NA
J. Describe proposed method of sewage disposal.
NA
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, Industrial/
commercial effluent, "wash down' and residential discharges).
NA
b. Number of lots or parcels.
NA
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
NA
f. list the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
NA
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
[]Yes ❑No ®NA
(ft.) If yes, list the date submitted:
k. Have the facilities described in Item (f) received state or focal
approval?
❑Yes ❑No ®NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ❑No ®NA
If yes, attach appropriate documentation
MAR 3 1012
252- 808 -28082 ::1-888.4RCOAST :: www.ncconstaimanagement.net revised: 12126106
Form DCM MP -3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
NA
o. When was the lots) platted and recorded?
N/A- Not oceanfront development.
March 12, 2012
Preserve at Oak Island
Project Name
Preserve Holdings, LLC c/o Mr. William Scudder
Appli
CC
Applicant Signature
n. (1) Will water be Impounded? []Yes ❑No ®NA
(ii) If yes, how many acres?
P. If proposed development is a subdivision, will additional utilities be
Installed for this upland development?
Oyes ❑No ®NA
v"C'�-,
4dk ti 3 2012
252- 808.2808 ::14HW4RCOAST :: www nceoastatnmanagement.net revised: 12/26106
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 that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACIUMMARINA CHARACTERISTICS ❑This section not applicable
a. (1) is the docking facility/marina: b. (1) Will the facility be open to the general public?
❑Commercial ❑Public/Govemment OPrivate/Community ❑Yes ®No
c. (i) Dock(s) and/or piers)
(ii) Number 3 access piers. one floating dock
(iii) Length access pier #1.335 ft : access pier #2.352 ft:
access pier #3. 175 ft. floatina dock. 100' x 6'
(iv) Width 6 feet
(v) Floating ❑Yes ®No
e. (1) Are Platforms included? ®Yes []No
If yes:
(ii) Number 2 (one gazebo is over open water, the other
gazebo is outside the AEC)
(iii) Length gazebo. 8 sides. 8.2 ft each
(Iv) Width width of parallel sides of gazebo - 20 ft
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dhpline dimensions.
g. (i) Number of slips proposed
8
(ii) Number of slips existing
0
i. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water, no dredging required
®Other, please describe:
sitting gazebo
k. Typical boat length: 24'
d. (1) Are Finger Piers included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes []No
f. (1) Are Boatiifts included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and /or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
® Dockage ( wet slips/ only, number of slips: 8
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
J. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
runabouts, kayaks and canoes
I. (i) Will the facility be open to the general public?
252 -808 -2808 :: 1. 888- 4RCOAST :. www.nccoastalmanallement.net revised. 12/27/06
Form DCM MP -4 (Structures, Page 2 of 4)
m. (1) Will the facility have tie pilings? ❑Yes ®No
[]Yes ®No
(ii) If yes number of tie pilings?
2. DOCKING FACIUMMARINA OPERATIONS ❑ This section not apprcab/e
a. Check each of the following sanitary facilities that will be included in the proposed project
❑ Office Toilets
❑ Toilets for patrons; Number_; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
N/A
c. Describe the disposal of solid waste, fish offal and trash.
N/A
d. How will overboard discharge of sewage from boats be controlled?
N/A
e. (i) Give the location and number of 'No Sewage Discharge" signs proposed.
N/A
(ii) Give the location and number of ° Pumpout Available" signs proposed.
N/A
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed oft
N/A
h• Give the number of channel markers and "No Wake" signs proposed. N/A
1. Give the location of fuel - handling facilities, and describe the safety measures planned to prated area water quality.
N/A
J. What will be the marina policy on overnight and live- aboard dockage?
N/A
k. Describe design measures that promote twat basin flushing?
N/A
252 - 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastalmana9ement.net revised: 12127106
. Form DCM MP-4 (Structures, Page 3 of 4)
I. If this project is an expansion of an existing marina, what types of services are currently provided?
N/A
m. is the marina/docking facility proposed within a primary or secondary nursery area?
®Yes []No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ®No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
OCW - 3.180 sa. ft. ❑SAV ❑SB
OWL 404 wetlands. -960 sq. ft. []None
p. Is the proposed madna/doc king facility located within or within close proximity to any shellfish leases? ❑Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
I I BOATHOUSE (Including covered Idts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from drlpline dimensions.
f4. GROIN (e.g., wood, sheetpile, etc. ffa rock groin, use MP -2, Excavation and Fill,) ®This section not applicable
a• (1) Number
(ii) Length
(iii) Width
S. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable
a• Length
C. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
16. MOORING PILINGS and BUOYS 0This section not applicable
a. Is the structure(s):
❑Commercial ❑PubliclGovemment ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, /fpresent
b. Number
d. Description of buoy (color, inscriptikin siie, anchor, etO
252 -808 -2808 :: 1. 888- 4RCOAST :: Www.nccoastalmanaaement.net revised: 12127/06
Form DCM MP -4 (Structures, Page 4 of 4)
e. Arc of the swing
7, GENERAL — -
a. Proximity of structure(s) to adjacent riparian property lines
19 feet from eastern riparian property line, 20 feet from
western riparian property line
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
Aporoximately 500'
e. (i) Will navigational aids be required as a result of the project?
OYes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
>1,000 feet
d. Water depth at waterward end of structure at NLW or NWL
Ranae -2.67 ft to 2.80 ft at NLW
& OTHER 0This section not applicable
a. Give complete description:
The applicant is proposing to construct a community dock to support 8 boat slips. An existing raised walkway is located on the
northeastern portion of the site. The project includes a 335' extension to the existing raised walkway (access pier #1). The
extension will lead to a gazebo located on an upland "island" on the southeastern portion of the site. A second raised access
pier (access pier #2) will extend approximately 352' east, from Existing Building #2. The second raised access pier will also
lead to the gazebo on the upland "island ". A third access pier (access pier #3) will be situated perpendicular to access pier
#2, and extend 175' seaward, towards'the AIWW. There is a proposed gazebo located at the southern end of access pier #3,
which leads to a gangway and a 100' x 6' floating dock. The proposed gazebo is 20 feet wide with each side being 8.2 feet
long. There are no finger piers proposed at this time. See project narrative for additional detail.
Date
Preserve at Oak Island
Project Name
Preserve Holdings, LLC Go Mr. William Scudder
Applicant
Applicant Signature
252.808 -2808 :: 1.888.4RCOAST :: www.nccbastatmanauement.net 'revised: 12/27/06
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ECS PROJECT NO. 22-13793G
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Scale: As Shown ECS PROJECT NO. 22-13793G
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VICINITY MAP
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ECS PROJECT NO. 22-13793G
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ECS PROJECT NO. 22-13793G
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Property Boundary
SOURCE: MAR 13
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' I FIGURE 3
2004 AERIAL PHOTOGRAPH
The Preserve at Oak Island
Oak Island, Brunswick County,
North Carolina
CMQi%0L.VM^4D I ECS PROJECT NO. 22-13793G
SCALE (IN FEET)
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300 0
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MAR r 2012
DCM WKtibUK +i1"1!-P1f0M, NC
Property Boundary
FIGURE 4
�
ATLANTIC INTRACOASTAL
SOURCE:
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LW
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OF THE PRESERVE /", I i '� •i !� . . . ' i . . _ . % i /. . . i i . i� . �. i _ -
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.I� SHORELINE AEC
30'
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NORMAL HIGH WATER (NHW)
.;� A �� d , FF:� 8.0 EL
. EVATEB
PROPERTY t - - o!.�i - - -�` ' . ` . ACCESS RIER� . i . . ` ` .. ' - - - -•- - NORMAL LOW WATER ( NLW)
::,000.
/lam _w_,_, _ COASTAL WETLANDS eo
i :�. ` i i , i , y� I ■ SECTION 404 WETLANDS
r `� \ � %�`� . . ���''. ii/ -�O +i T_ Vii\ � �� `ice+• � I�` I
,, TH CHARLES KELLER _
�.,,-THE
FAM�LYii�61�ST-PROPERRT�(_ ■ �+ r a■tiR
-----------------------
NLW — - —
WATERWARD /��� ' - -■ 20 GG �EBO
_ -
OUTER EDGE OF ■1 - •1 xz' 6 GANGW YY RAMP
WETLAND LIMITS APPROXIMATE CKFTf 100'x6' FLOATING DOCK-
PROPERTY 200
— — _ — — LINE 2.68' _NLW -x 5 7
2.25' QNLW -X
2.8' QNLW -X so' 1 2 3
EASEMENT LINE — — — —
WESTERN RIPARIAN
CORRIDOR LINE —
DOCK SQ. FT. CALCS
583 LF OF SHORELINE @ 8 SQ. FT. = 4664 SQ.FT.
FLOATING DOCK: 100'X6' = 600 SQ. FT.
OCTAGONAL GAZEBO: 20'x20' = 332 SQ.FT.
TOTAL SQ. FT. = 932 SQ. FT.
GANGWAY RAMP: 6'x12' = 72 SQ.FT.
V WIDE BOARDWALK LENGTH = 869 LF
25'
m
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INSIDE PROPERTY LINE
OWNED BY THE CHARLES
EASTERN RIPARIAN
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RECEIVED
AIWW CHANNEL DCM WILMINGTON, NC
m
DEC 2 ! 2012
TE: DISTANCE OF WATERBODY IS
PROXIMATELY 500'.
E NHW LINE IS BASED ON
GITATION. COASTAL WETLANDS,
D NHW WERE DELINEATED BY MR.
JL PASCAROSA OF ECS IN
CEMBER 2011 - JANUARY 2012
NLW WATER DEPTH AT THE DOCK
LOCATION WAS RE- MEASURED ON MAY
24, 2012 AT 4:50 PM. CURRENT
LOCATIONS MAY NOT BE EXACTLY AS
EV61US IEASU.RED. _0C6TIONS.
* ( WATER DEPTHS AT THE CENTER OF
THE DOCK ARE WITHIN A 0.15 FOOT
NJERTICAL DIFFENTIAL COMPARED TO
THEE OCK.)
120 60 0
SCALE: "- 120'
'IONS
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6/2012
S/2012
5/2012
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OF THE PRESERVE /", I i '� •i !� . . . ' i . . _ . % i /. . . i i . i� . �. i _ -
_, �. /• ` �I I ' ����:��2i ■ I �.`�' `.` ��.`i i i` -:c.` �` *&C. S`racwQiallDS.�.t„z'��i iiiw ■ - - -- 75 ESTUARINE
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PROPERTY t - - o!.�i - - -�` ' . ` . ACCESS RIER� . i . . ` ` .. ' - - - -•- - NORMAL LOW WATER ( NLW)
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/lam _w_,_, _ COASTAL WETLANDS eo
i :�. ` i i , i , y� I ■ SECTION 404 WETLANDS
r `� \ � %�`� . . ���''. ii/ -�O +i T_ Vii\ � �� `ice+• � I�` I
,, TH CHARLES KELLER _
�.,,-THE
FAM�LYii�61�ST-PROPERRT�(_ ■ �+ r a■tiR
-----------------------
NLW — - —
WATERWARD /��� ' - -■ 20 GG �EBO
_ -
OUTER EDGE OF ■1 - •1 xz' 6 GANGW YY RAMP
WETLAND LIMITS APPROXIMATE CKFTf 100'x6' FLOATING DOCK-
PROPERTY 200
— — _ — — LINE 2.68' _NLW -x 5 7
2.25' QNLW -X
2.8' QNLW -X so' 1 2 3
EASEMENT LINE — — — —
WESTERN RIPARIAN
CORRIDOR LINE —
DOCK SQ. FT. CALCS
583 LF OF SHORELINE @ 8 SQ. FT. = 4664 SQ.FT.
FLOATING DOCK: 100'X6' = 600 SQ. FT.
OCTAGONAL GAZEBO: 20'x20' = 332 SQ.FT.
TOTAL SQ. FT. = 932 SQ. FT.
GANGWAY RAMP: 6'x12' = 72 SQ.FT.
V WIDE BOARDWALK LENGTH = 869 LF
25'
m
HIGHGROI.gID
I
LW ` -- ■
I) At I
e°aASTAL- -WETLANDa
INSIDE PROPERTY LINE
OWNED BY THE CHARLES
EASTERN RIPARIAN
CORRIDOR LINE
RECEIVED
AIWW CHANNEL DCM WILMINGTON, NC
m
DEC 2 ! 2012
TE: DISTANCE OF WATERBODY IS
PROXIMATELY 500'.
E NHW LINE IS BASED ON
GITATION. COASTAL WETLANDS,
D NHW WERE DELINEATED BY MR.
JL PASCAROSA OF ECS IN
CEMBER 2011 - JANUARY 2012
NLW WATER DEPTH AT THE DOCK
LOCATION WAS RE- MEASURED ON MAY
24, 2012 AT 4:50 PM. CURRENT
LOCATIONS MAY NOT BE EXACTLY AS
EV61US IEASU.RED. _0C6TIONS.
* ( WATER DEPTHS AT THE CENTER OF
THE DOCK ARE WITHIN A 0.15 FOOT
NJERTICAL DIFFENTIAL COMPARED TO
THEE OCK.)
120 60 0
SCALE: "- 120'
'IONS
1/201
6/2012
S/2012
5/2012
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120 I DATE
DESIGN
DRAWN
C2
' SHEET 2 OF 3
150.00'
20'120' MAX GAZEBO
HANDRAIL
LPIER DEPTH PER CONTRACTOR LEIOSTING WETLAND SUBSTRATE y Y y y
NOTE PROPOSED GAZEBO WILL BE
LOCATED LANDWARD OF THE COASTAL
SHORELINE SO' BUFFER REQUIREMENT
AND EpSITNG WETtANOS
ACCESS PIER 150' TYPICAL CROSS SECTION WITH GAZEBO
MOS' GANGWAY
FLOATING
'49 MAX GAZEBO
GAZEBO SHALL TIE IN TO
A CCESSS PIER PER
_
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-
GAZEBO, GANGWAY AND PIER CROSS SECTION
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PIER 08" PERC0KnVZTM
TYPICAL ACCESS PIER
NOT TO SCALE
RECEIVED
DCM WILMINGTON, NC
DEC212012
20 10 0 20 DATE
DESIGN
DRAWN
SCALE /NFEET C3
SCALE: 1 "20'
SHEET 3 OF 3