20040337 Ver 1_CAMA Application_20040302

A FTMA
"JF-A 4®37
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
February 26, 2004
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Mr. John R. Dorney
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
WETLANDS/ 404 GROUP
MAR 2 2004
WATER QUALITY SECTION
CAMA/DREDGE & FILL Permit Application Review
Jimmy's Island, LLC
Project Location: At the end of Great Oak Drive, in the Water's Edge at Deerfield Subdivision, Hampstead,
Pender County
Proposed Project: To build an 18-slip community marina to serve the Subdivision, consisting of two piers
and four docking areas.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 21, 2004. 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
PROPOSED MODIFICATION OF STATE PERMIT #68-03
2.
3.
4.
5.
6.
7.
8.
APPLICANT'S NAME: Jimmy's Island, LLC/Water's Edge Community Marina
LOCATION OF PROJECT SITE: At the end of Great Oak Drive, adjacent to AIWW and Mill Creek,
in the Water's Edge at Deerfield Subdivision, near Hampstead, in Pender County.
Photo Index - 2000: 26-336/A-D 8-9, E 9-10 1995: 26-319/H-N 17-18, O 18 -19
1984:18-237/F 8- 9, G & H 8-10, 1 & J 9-10, K & L 10-11,M 11-12andN 11
State Plane Coordinates - X: 2392032.923 Y: 219220.923 GPS File: QI 12018A
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit-11/20/03 2/20/04
Was Applicant Present - Yes No
PROCESSING PROCEDURE: Application Received -1/8/04 Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Classification From LUP-AEC areas are classified Conservation; uplands as Limited Transition
(B) AEC(s) Involved: EW, CW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Residential Community Marina
(E) Wastewater Treatment: Existing - Individual septic tanks systems on private lots
Planned - N/A
(F) Type of Structures: Existing - Subdivision roads and utilities are currently under construction
Planned - Construction of an 18-slip marina amenity for the previously
permitted 18-lot subdivision.
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION: [AREA]
nRFnaFn PTT 7 .P.T) OTAFR
(A) Vegetated Wetlands (Coastal marsh &
intertidal flats shading) 3,660 sqft.
Incorporation
(B) Non-Vegetated Wetlands - open water 6,064 s ft.
(C) Other
(D) Total Area Disturbed: 9,724 sqft.
(E) Primary Nursery Area: Yes, Mill Creek only
(F) Water Classification: Mill Creek - SA Open: No
AIWW/Topsail Sound - SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to build an 18-slip community marina to serve the
Water's Edge Subdivision. The proposed facilities consist of two piers and four docking areas.
Jimmy's Island, LLC/Water's Edge Community Marina
Page Two
9. PROJECT DESCRIPTION:
The applicants are requesting a Major Modification to their existing State Permit #68-03. The previously
permitted project authorized the upland development of an 18-lot subdivision on the tract. This .
application proposes to add community docking facilities as an amenity for the subdivision. To comply
with the requirements of the State Environmental Policy Act (SEPA), an environmental document was
prepared for the project and reviewed through the State Clearinghouse. A Finding of No Significant
Impact (FONSI) was issued on January 8, 2004, following the review process. This application reflects
the preferred alternative of the Environmental Assessment (EA).
The Water's Edge at Deerfield Subdivision is located at the southern end of Great Oak Drive, off US
Hwy. 17, in Hampstead, in Pender County. The 19.95-acre property is located on the north side of Mill
Creek, at its confluence with the Atlantic Intracoastal Waterway (AIWW). The subdivision includes
eighteen (18) single-family residential lots oriented adjacent to the approximately 2,900 linear feet of
shoreline along Mill Creek and the AIWW. The majority of the tract has been cleared of vegetation for
the ongoing development of the subdivision roads and utilities. The remaining vegetated periphery
along Mill Creek consists primarily of American Holly (Ilex opaca), Live Oak (Quercus virginiana),
Sweet Bay (Magnolia virginiana), Hickory (Carya sp.), Yaupon (Ilex vomitoria), Japanese Honeysuckle
(Lonicera japonica), Cat-tails (Typha, sp.) and Giant Cane (Arundinaria gigantea). Along the shoreline,
the transition between uplands and marsh exhibits Grounsel-bush (Baccharus halimifolia), Marsh-elder
(Iva frutescens), Wax Myrtle (Myrica cerifera) and Sea Oxeye (Borrichia frutescens). High coastal
marsh vegetation, including, Black Needle Rush (luncus roemarianus), Sea Lavender (Limonium, sp.),
Spike Grass (Disticlus spicata) and Salt Meadow Grass (Spartina patens) intermix on the upper side of
the Smooth Cordgrass (Spartina alterniora ) coastal wetland border that parallels the shoreline.
In the project area, the NC Division of Water Quality classifies the waters of the AIWW/Topsail Sound,
as SA-ORW, and the waters of Mill Creek as SA. The NC Division of Marine Fisheries has designated
the waters of Mill Creek as a Primary Nursery Area (PNA). The waters of Mill Creek are CLOSED to
harvest of shellfish. The adjacent waters of the AIWW/Topsail Sound on the east side of the project are
not designated as Primary Nursery Area (PNA), and they are OPEN to shellfishing.
The applicants propose to construct an 18-slip community marina consisting of two piers, each with two
docking areas. The first 9-slip pier (Dock Facility "A") would be located adjacent to the AIWW/Topsail
Sound portion of the property. The pier would extend into Topsail Sound from an easement (25' wide),
between Lot 2 and Lot 3. At approximately 150 feet into the marsh, the pier walkway would diverge
from a T-intersection to access the two docking areas. The total length of the three walkway sections
would be 595 feet. The walkway width would be 6 feet. The northern docking area would consist of a T-
head floating dock (90' long X 6' wide), with three (3) perpendicular finger piers (24' long X 3' wide)
installed to create five (5) boat slips. The southern docking area would consist of a T-head floating dock
(40' long X 6' wide), with two -(2) perpendicular finger piers (24' long X 3' wide) installed to create four
(4) boat slips. At both docking areas, there would be a covered deck (16' X 16') constructed adjacent to
the pier walkway, landward of the ramps that access the docks. Boatlifts (14' X 14') would be installed
in each of the nine (9) boat slips as requested by the subsequent property owners. All pier and docking
structures would be located 80 feet from the adjacent federal channel. It should be noted that the AIWW
channel makes a turns between the two docking areas and that each floating dock is oriented parallel to
their respective tangent of the waterway channel. (Elevations shown on the project drawings are relative
Jimmy's Island, LLC/Water's Edge Community Marina
Page Three
to National Geodetic Vertical Datum-1929 (NGVD'29). To convert these elevations to water depths at
low water, you must add +0.50 to the number.) Water depths in the northern docking area would be
-1.41 feet to -2.86 feet at low water, and depths in the southern docking area would be -3.42 feet to
-3.75 feet at low water. The second 9-slip docking area (Dock Facility "B") would be located on Mill
Creek. The pier would be accessed from Water's Edge Drive by a wooden walkway constructed along a
pedestrian easement (20' wide), between Lots 17 and 18. The pier (265' long X 6" wide) would extend
to the southern docking area which would consist of a T-head floating dock (120' long X 6' wide),
creating four (4) parallel boat slips. A second leg of pier walkway would branch off to access the
northern docking area. The total length of this walkway section would be 345 feet. The walkway width
would be 6 feet. The northern docking area would consist of a L-head floating dock (150' long X 6'
wide) to create five (5) parallel boat slips. Again at both docking areas, there would be a covered deck
(16' X 16') constructed adjacent to the pier walkway, landward of the ramps that access the floating
docks. Water depths in the northern docking area of Dock Facility "B" would be -1.49 feet to -2.42 feet
at low water, and depths in the southern docking area would be -2.71 feet to -2.26 feet at low water. No
boatlifts or other mooring structures would be allowed waterward of the floating docks in Dock Facility
" B". The combined docking facilities of the two (2) piers would create an 18-slip community marina
for the subdivision. The applicant stated in the Environmental Assessment (EA) that the restrictive
covenant of the subdivision would prohibit the construction of additional piers from individual lots, as
well as, limit boats to a maximum length of 21 feet, with no cabins or heads (marine sanitation devices).
10. ANTICIPATED IMPACTS
The construction of the proposed 18-slip marina would result in the incorporation of 6,064 square feet of
Estuarine Waters and Public Trust Area. The combined length of the proposed pier walkways would
result in the shading of 3,660 square feet of coastal wetlands and intertidal mud flats. Short-term
increases in turbidity can be expected during piling placement. The project would provide water and
boating access for the subdivision lot owners.
Submitted by: E. F. Brooks Date: February 25, 2004 Office: Wilmington
Form DCM-MP-1 APPL
I N.
c ?fUV' )
„
rye
DIVISIO7 'J OF
(To be completed by all applicants) COASTAL
f A?14 ,?!? r
I. APPLICANT
a. Landowner:
Name dim m, S r?s w L L C-
b. City, town mmunity or landmark
D
c. Street address or secondary road number
. _? D ? F oct?-r D.grs c(?Q ,
d. Is proposed work within city limits or planning
jurisdiction?
Address / goy Yes -Z,- No
??sTls er l-,W .. C "rZ!Z
/? e.
City _(? t LM/MGYDN State .
Zip Z. 03 DayPtione -qi - _ G -o IFS
Fax I1 O - - p , -2-
b. Authorized Agent:
Name
Name of body of water nearest project (e.g. river,
creek, sound, bay)
-1 -C>Pswtc. Sov.vP
3. DESCRIPTION A.NIj PLANNED USE
OF PROPOSED PROJECT
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
?•? ''Y"sNaw?g Pic-re T--
5 E
a.
Address =-L ?45y?tool? ?p .Sdrrg z12
City State &. 12.
Zip _2x03 Day Phone glD ' Z.?-G •IDc{ S'
Faz_ LLz-5-L-0/IZ
6??JoR tv"PIF'/cw7li?N of
. ttrl"I?o . ?s8'.D?
. Project name (if any) ??Or»mudmt `? <J/t6
NOTE Permit will be il,,,d in name of kmdowner(t), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
i. County'_DL?
b. Is the proposed activity mainten ce of an existing
project, new work, or both? - NEW G )flak
c. Will the pr . t be for public, private or 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
additional pages. "yr,aE Rflr ?,?-?? L- L-0T ?t.1r?5 p? Lt)W2as ?aGE
65MQ M KC3 L? p n c W rra. 8 OY3.•'Q-
. Ica ps t?t.c?l? -t-?t. S+?t2G y HF oc
Sya9tVl5)O/y ewV grtoN
IA I I . «[yo t..yE 4.5F'T-17r N 2l X&S 14ND
F35 Eh113i?tr- eac
revised 03/9$
a;,.- . cair 17 co 1#\
Form DCM-MP-1
T4t? F3LC.oc? c..,.ls'?'D i?t t^'a'?Zvs?AYro iJ ?
{'12ov1DED 04 AK16 N?4C.. 14ppe.1cr4/M F'ole.. r?
•Cr72rn v' ?$`D3
4. LAND AND WATER M. Describe existing wastewater treatment facilities.
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s)
c. Approximate elevation of tract `above MHW or
NWL
------------
d. Soil type(s) and texture(s) of tract
e. Vdgeiatiod on tract
f. Man-made features now on tract
------------
g. What is the CAMA Land Use Plan land
classification of the site? (Coruult &0 local land use plan
Conservation _ Transitional
Developed Community ,
• Rural Other,
h. How is the tract zoned by local government?
------------
i. Is the proposed project consistent with the applicable
zoning?- Yes No
(Altaeh Zoning wnp anee eergcete, j f appu=blt)
Has a professional archaeological'assessment been
done for the tract? Yes No ,
If yes, by whom?
Is the project located in a National Registered
Historic 'Distric't ordoes it. involve a -National
. Register listed.- or. eligible propert
.. .
Yes -'No y
.Are there wetlands on the site?
Coastal (marsh) • • • ' Yes No
If•yes, has a'delitieatioti b?econducted? r
.(.leach documentation. if duaik?bli ---'y;+ --
1
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
o...Describe, existing.drinking water supply source.
77
5. ADDITIONAL rNFORMATION
In addition to. the. , completed, application form, the
following items inust,be, submitted:
A:copy of theleed'(with state application only) or
other instrument under which the applicant claims title
to the,'affected properti-es.- If •the° applicant is not
claiming to be. the owner.of said property, then
forward a copy gf,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.ptlat:.(including plan-view
and cross-sectiopal dr.4whigs) drawn to scale in black
ink on an8 1/2" by 1.1" white paper. (Refer-to.
Coastal'Resources Com" mission Rule 7,1,020; for -a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by'
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings,) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form >pCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERNESSION
TO ENTER ON LAND
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project'to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name ?er T_
Address
Phone
Name
Address
Phone
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.
C14mo 4 MIT
69PS VFF Oro-5 htertc?v .?,[7 ?jD3oO.S?G
• 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 - I to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the Notch Carolina
Environmental Policy Act.
Revised 03/95
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained ?,i the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
6?1-sw> 1??c Z `1, Zoo3?
This is the day of SLW 1:Z ?-Dp3
Print Name (fir C e,
Signature' ?litt??t t,t?
Landowner or AuthOrited Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
1/ DCM MP-4 Structures Information -
DCM MP-5
?DCM MP
6 Bridges and Culverts
M
- arina Development
NOTE. Please si4n and date each attachment in the
'sp'ace ' routed, at thh '
'?J 2l' J1. \` ii ?n m of each form.
? f
V U 'A?f :ssl
DIVISiOili OF
COASTAL Iv;ANAGE,
t3eD rz?Z9?o3
Form DCM-MP-4
STRUCT
U"s i
(Constructior, within Public Trust Areas) u
C0 -: L
ANAGr
?i
Attach this form to Joint Application for CAMA Major e. Mooring buoys </VVale
Permit, Form DCM-MP-1. Be sure to complete all /
other sections of the Joint Application which relate to (1) - Commercial -.._COmmunit
this proposed project. (2) Number S' Private
a. Docks and/or Piers (3) Description of buoy
(1) ..-Commercial (Color, inscription, size, anchor, etc.)
(2) Number 4 LY CommunityXprivate
Mill Creek
To sail Sound (4) Width Of water body
(3 it ir2
) Lri 265' 265' 30
Eku Pier 0' 300- Z M Distance buoy(s) to be placed (4) Width e 6' 6' ' 6' shoreline beyond
(5) Finger Piers 0 0 • '
(6) Platforms 1 3 6
Length 12I . I i `?`'?Z?E?X ?{? f Mooring.structure
150' oatlift oo
90. ring Pilings, etc.)
Width 40, No mooring structures are proposed for these piers;
? (7) Number of Slips 5 4 5 4
6 ( boats will be tied alongside floating platforms. The
(8) Proximity to two piers to be extended into Topsail Sound will be
Adjacent Riparian constructed so as to allow the individual lot-owner the
Property lines 75' 225' (D9T ° to instal a boat lift at a later date. q? /?/ x `L"
?f
(9) Width of Waterbody 100' 250' 'r'?'l t`C
e(Give cor?4le drseription)
s
(Marsh to Mar h) 85' 100' 500' 560' (?TS
(10) Water Depth at Ix (G`
Waterward end A x 10' covered deck is proposed for
of 'Pier at MI,W ---------
-3' -32 -4' -4 each of the four proposed piers.
Swrs ARE 14,14 X 2.41t,. B&AT: LIFTS
b. Boathouse (Including covered lifts)
(1) -______- Commercial ' p
(2) Length ivate ?H?rrlav
(3) Width ??Y c1?cKrt?G f gc,[c.irY ??C
AP0 or ProjeI Atame
C.- Groin (e.g. wood, she pile, etc.) NO
?)
(1) Number /?j?t t?vt t,c.?
A
(2) Length(s)
L - ?Lb
d. - Breakwater (e.g. wood, sh'it ,? / gate
(1) Length e, etc.) ?( `lo rlar)
(?) Average distance from MHW
wetlands NWL or
(3) Maximum distance beyond MHW
wetlands- or
o_..._.?
Form DCM-MP-6
7-1 -
?2Uv
4
MARINA ?u
DE JlVISiCIN OF
VELOPM[ENT
(Required for the mooring of more than 10 vessels)
Attach this form to Joint Application for CAMA Major g. Typical boat length al
Permit, Form. DCM-MP-I. Be. sure. to complete all
.other sections of the Joint, Application that relate to this h. Maximum boat length Z I
proposed project.
L Are any floating structures planned?
If so, describe r 1_o AT w & Z)pc_K5
L MARINA CHARACTERISTICS
a. Check below the type of marina pro ed.
Commercial Public Residential
b. Will the marina be op o the general public? 2• MARINA OPERATIONS
Yes No ON E

c. If there is residential development associated with k ch of the following sanitary facilities that
will be ' cluded in the proposed project..
the marina, how many units or lots are planned and ce toilets
how many are currently dv eloped? T ' ets for patrons
Number
,Location
Show
d. Check all of the types of services to be provided. Boat h ding tank pumpout
Full service, including travel lift and/or rail Type and locatio
Dockage, fuel, and marine supplies-
Dockage ("wet slips") only
Number of slips 2 s1 = rns a F q s Lt Ps b. Describe treatment a and disposal location for all
Dry storage
Number of boats 2 s?svems ol= a ata- sanitary wastewater.
S
Boat ramp(s)
Other (describe)
c. Describe the disposal of id waste, fish offal and
e. Check below the proposed type of siting. trash disposal.
Land cut and access channel"
Open' water with dredging for basin and/or
channel
O
en water
n
d
d
i
i
d
p
,
o
re
g
ng requ
re d. How will overboard discharge of ewage from boats
Other (describe) be controlled?
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types). OFew R u NA 8z) uT e. Give the location and number of o Sewage
Discharge" signs proposed.
Revised 03/95
Form DCM-MP-6
f. escribe the special design, if applicable, for
taming industrial type pollutants, such as paint,
s dblasting waste and petroleum products.
g. Where \will residue from vessel maintenance be
disvos of ?
h. • Give the ni
Wake" signs
i. Give the loa
describe the s;
water quality.
j. Describe design
flushing or circu
impacts.
of channel markers and "No
ad.
of fuel-handling facilities, and
measures planned to protect area
Tres that promote boat basin
and that reduce water quality
k. What will be the marina licy on overnight and
. live-board dockage?
1. Is the proposed marina
leases? Yes _
If yes, give the name and
near any shellfish
of the leaseholder.
m. If this project is an expansion of an istmg marina,
what types of services are currently rovided?

o. Is the marina proposed wi in a primary or
secondary nursery area? J Yes No
p. Is the marina proposed within an area open to.
shellfish harvesting? Yes ? No
q. Give the location and number( of "Pumpout
Available" signs proposed. NONE
mmuWi DOC1C1A106 F-4 JLI -( 'rZIt
.PA_? V--
Sigwture
Date .
n. How many slips are now available? N D At E
400 copies of this public document were printed at a total cost of $11.00 or $ .03 per copy.
Revised 03/95
FINDING OF NO SIGNIFICANT IMPACT
Water's Edge at Deerfield
Pender County
The following is a Finding of No Significant Impact (FONSI) for the two proposed
community docking facilities for Water's Edge at Deerfield subdivision in Pender County. The two
proposed docking facilities, as outlined in the Environmental Assessment (EA), includes Docking
Facility A, located in Topsail Sound and Docking Facility B, located in Mill Creek. Each of the
docking facilities proposes 9 slips. No new dredging will be associated with this project; however,
the proposed piers are adjacent to the existing dredge-maintained channels of Mill Creek and the
Topsail Sound; (Atlantic Intracoastal Waterway) that will continue to be maintained as needed.
This EA/FONSI are prerequisites for the processing of a Coastal Area Management Act
(CAMA) Major permit application by the Division of Coastal Management.
It is concluded that the proposed project will not have a significant adverse effect on the
environment provided that it can be permitted and subsequently developed consistent with the State
guidelines in the Rules of the Coastal Resources Commission and the avoidance/mitigation measures
contained in the EA. An Environmental Impact Statement (EIS) will not be prepared for this project.
North Carolina Division of Coastal Management
January 8, 2004
F , v f (s:: i !

ENVIRONMENTAL ASSESSMENT
FOR THE
COMMUNITY DOCKING FACILITY
FOR WATER'S EDGE AT DEERFIELD
TOPSAIL SOUND (AIWW) AND MILL CREEK
PENDER COUNTY, NORTH CAROLINA
PROPOSED BY
JEM[MY'S ISLAND LLC
1904 EASTWOOD ROAD, SUITE 212
WILMINGTON, NC 28403
FOR THE RESPONSIBLE AGENCY:
THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
1638 MAIL SERVICE CENTER
RALEIGH, NC 27699-1638
CONTACT PERSON: DOUG HUGGETT
919-733-2293; EXT. 247
PREPARED BY
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 GREEN FOREST DRIVE
WILMINTON, NC 28409
910-392-6833
REVISED
DECEMBER 29, 2003 ?xl
r `
D I ?I
2 11, 1L], 4-
`J
DIV1vi<<1i`E 0'p
IN ACCORDANCE WITH
THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT
ENVIRONMENTAL ASSESSMENT
COMMUNITY DOCKING FACILITY
FOR WATER'S EDGE AT DEERFIELD
TOPSAIL SOUND (AIWW) AND MILL CREEK
PENDER COUNTY, NORTH CAROLINA
REVISED
DECEMBER 29, 2003
TABLE OF CONTENTS
Page 1: SCOPE
A. PROPOSED PROJECT DESCRIPTION
General
Page 2: Dock Facility "A": Topsail SOUND (AIWWI Piers
Dock Facility "B": Mill Creek Piers
B. PURPOSE AND NEED FOR PROJECT
C. ALTERNATIVES ANALYSIS
1. BOAT RAMP
2. INLAND BASIN
3. 18 INDIVIDUAL PIERS
4. DO NOTHING
5. CONSTRUCT FOUR PIERS (PREFERRED ALTERNATIVE)
Page 3: D. EXISTING ENVIRONMENTAL CHARACTERISTICS OF THE PROJECT AREA
1. MILL CREEK
2. TOPSAIL SOUND (AIWW)
E. PREDICTED ENVIRONMENTAL EFFECTS OF THE PIERS
1. TOPOGRAPHY
2. SOILS
3. LAND USE
4. WETLANDS
5. PRRVIE or UNIQUE AGRICULTURAL LANDS
6. PUBLIC LANDS and SCENIC, RECREATIONAL, and STATE NATURAL AREAS
7. AREAS of ARCHAEOLOGICAL or HISTORICAL VALUE
8. AIR QUALITY
Page 4: 9. NOISE LEVELS
10. WATER RESOURCES (SURFACE WATER AND GROUND WATER
11. FOREST RESOURCES
12. SHELLFISH or FISH and THEIR HABITATS
13. WILDLIFE and NATURAL VEGETATION
14. INTRODUCTION OF TOXIC SUBSTANCES
15. CONSTRUCTION
a. Dock Facility "A": Topsail Sound (AIWW) Piers 7 7 J? D
Page 5: b. Dock Facility "B": Mill Creek Piers F. MITIGATIVE MEASURES G. REFERENCES -?t
t H. EXHIBITS -?u
?J
1. STATE and FEDERAL PERMITS REQUIRED DIVISION OF
APPENDIX COASTAL MANAGEMENT
RESPONSE TO AGENCY COMMENTS

ENVIRONMENTAL ASSESSMENT
COM[M UNITY DOCKING FACILITY
FOR WATER'S EDGE AT DEERFIELD
TOPSAIL SOUND (AIWW) AND MILL CREEK
PENDER COUNTY, NORTH CAROLINA
REVISED
DECEMBER 29, 2003

10, 1
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SCOPE: Authorization for the Community Docking Facility for Water's Edge at Deerfield addressed in
this Environmental Assessment has been requested in the form of a Major Modification to the recently
issued Major CAMA Permit No.68-03 which provided approval of the overall Water's Edge Subdivision.
Since that issued permit addressed all of the landward features of the overall subdivision project, this
Environmental Assessment is limited to addressing only the impacts of the proposed Community Docking
Facility. This document will provide the N.C. Division of Coastal Management (NCDCM) and associated
agencies with a decision-making tool to determine if the proposed docking facility for the Water's Edge at
Deerfield Subdivision will cause sufficient environmental impact as to require the preparation of an
Environmental Impact Statement (EIS). If an EIS is not warranted, a Finding of No Significant Impact
(FONSI) may be issued prior to the final action on a CAMA Major Development Permit. A FONSI does
not assure issuance of a CAMA permit.
A. PROPOSED PROJECT DESCRIPTION
General. The Water's Edge at Deerfield Subdivision is an 18-lot subdivision on a 20-acre tract
approximately 15' above sea level located along the eastern shore of Mill Creek and the northern edge
of Topsail Sound and is an extension of the existing Deerfield Subdivision near Hampstead, in Pender
County, N.C. The property is located at the end of Great Oaks Drive. The Water's Edge subdivision
has been previously platted and was the subject of review for a Major Coastal Area Management Act
(CAMA) Permit No. 68-03 issued on May 27, 2003. That permit authorized construction of a
bulkhead with backfrll after review of the total project and after the N.C. Division of Water Quality
issued Stormwater Permit No. SW8030110. Other approvals of the subdivision are under review by
the Pender County Planning Department. The scope of this Environmental Assessment, therefore, is
limited to assessing the impact of the construction and operation of the four proposed piers that
constitui:e the docking facility for the subdivision residents. The Developer is Jimmy's Island, LLC;
1904 Eastwood Road, Wilmington, NC 28403. The area is zoned R-20 by Pender County whose
Land Use Plan designates the area as "Rural". Along the shorelines of Mill Creek, aerial photography
(10-21-00) provided by NCDCM shows nine small residential piers across the creek from the Water's
Edge project and none on the same side. Along the AIWW to the north, the photography shows seven
residential piers within a mile of Water's Edge and one within a mile to the south: Adjacent and
nearby land use is residential. The proposed Community Docking Facility for Water's Edge at
Deerfield will provide recreational water access for the residents of each of the 18 lots within the
approved Water's Edge Subdivision. Deed restrictions will be recorded for each lot that prohibits the
construction of individual piers or docks and that designate specific dock space at the community
facility. Language for these restrictions will in accordance with advice from the NCDCM. The
proposed facility consists of four piers: two each in the waters of Topsail Sound (AIW% (Dock
Facility "A") and two each in Mill Creek (Dock Facility `B"). The Topsail Sound(AIMM facility is
7500' from the Mill Creek facility. Plans showing the proposed piers are enclosed. As requested by
the NC Wildlife Resources Commission: (1) the pier decking will be constructed a minimum of 4' off
of the marsh floor, (2) will take place during periods of minimum biological activity, and (3) will
conform to NCDCM %4 rule. The docks are located adjacent to existing dredge-maintained channels in
Mill Creek and the ARM, respectively.
Page 1
Dock Facility "A": Topsail Sound (AIWW) Piers. In Topsail Sound (AI
WWI ,one T-head pier
with 5 boat slips at a 90'-long by 4'-wide floating dock with three 24'-long by 4'-wide finger piers
will be located approximately 65' waterward of the marsh edge and 80' from the bottom edge of the
Atlantic Intracoastal Waterway (AIWW). Topsail Sound at this point is approximately 500' wide.
The second pier in Topsail Sound IAIWM, an L-head pier is located 100' from the first, and
proposes 4 boat slips at a 38'-long by 4'-wide floating dock with two 24'-long by 4'-wide finger
piers. It will be located approximately 140' waterward from the edge of the marsh and also 80' from
the bottom edge of the AIWW. The width of Topsail Sound at this point is approximately 560'. Both
of the Topsail Sound (ADM piers are designed to accommodate either boat-lifts or wet slips, at the
option of the lot owner. Only boats 21' or less in length and without cabins or heads will be
accommodated in either option. Each of these piers will have a 15' x 15' covered deck.

DIVISION OF
Page2 COASTAL MIAN^.CEMEN
Dock Facility "B": Mill Creek Piers. In Mill Creek, one L-head pier with 5 boat slips spaced along
a 150'-long by 4'-wide floating platform, is located approximately 20' waterward of the marsh
edge in a reach of the creek where the width between the marsh edges is 85'. The second pier in Mill
Creek, a T-head pier, is located 115' from the first, has 4 boat slips spaced along a 120'4ong by 4%
wide floating platform and is located approximately 25' waterward of the marsh edge in a reach of the
creek where the width between the marsh edges is 100'. Both of the Mill Creek piers have wet slips
for boats 21' or less in length and without cabins or heads. Each of these piers will have a 15' x 15'
covered deck
B. PURPOSE AND NEED FOR PROJECT.
The purpose of this project is to provide recreational water access for the residents of each of the 18
lots within the Water" Edge Subdivision. The need for the project is-embraced by the goal of the
Jimmy" Island LLC Group of providing quality housing in a quality neighborhood where residents can
enjoy the adjacent waters of Mill Creek and Topsail Sound for recreational boating, fishing, crabbing,
and quiet contemplation. The location of the Water's Edge project affords the unique opportunity for
the realization of these goals. Additionally, the provision of water access allows the developer to
expect a realistic price for the residential lots, not necessarily for greater profit, but to offset the greater
cost of this tract of waterfront property.
C. ALTERNATIVES ANALYSIS.
1. BOAT RAMP. No area along the Water's Edge Shoreline would accommodate a boat ramp
without some dredging and filling, activities which are not allowed in this Primary Nursery Area.
2. INLAND BASIN. This alternative would require dredging a channel, not allowed in a PNA.
3. 18 INDIVIDUAL PIERS. All of the lots at the Water's Edge Subdivision are located on the
water front of either Mill Creek or Topsail Sound. Most, if not all, of the lot owners could likely
obtain a permit to construct a private residential pier with up to 4 boat slips. At the worst case,
dock space for 72 boats might result. This clutter of docks and boats is not acceptable to the
developer and would detract from the intended quality of the Water's Edge project
4. DO NOTHING. This alternative would not meet the goals and needs of the project.
5. CONSTRUCT FOUR PIERS (PREFERRED ALTERNATIVE) This is the least
environmentally damaging alternative that would satisfy the needs of the Water's Edge project
that have been identified. The alternative not only provided the desired and needed water access
for the lot owners, but it limits the number of boat slips to 18 along a shoreline of over 3000'.

i
D. EXISTING ENVIRONMENTAL CHARACTERISTICS OF THE PROJECT AREA.
1. MILL CREEK The Water's Edge Subdivision is an extension of the larger Deerfield
Subdivision. During the development of Deerfield in the 1970's and 1980's, Mill Creek was
dredged extensively to create waterfront lots. The lower 2500' of the Mill Creek dredged channel
extends along the south shore of the Water's Edge Subdivision. Approximately 3000' of existing
Mill Creek dredged channels are located upstream of Water's Edge. This channel system
continues to be subject to periodic maintenance dredging. The Water's Edge shoreline on Mill
Creek has a bordering complex of tidal marsh and mud-flat extending about 200' or more out to
the mean low water line. The project area consists of the pier corridors over which the structures
will extend. Within this area are scattered oyster clusters and various benthic species (fiddler
crabs, etc.). No submerged aquatics have been observed or noted on aerial photography within the
project area. Existing water depths at the end of the Mill Creek piers is -3.5' MLW. The area is
designated a Primary Nursery Area and Mill Creek serves as a small estuary.where upstream fresh
water flows into the salt waters of Topsail Sound. This mixing zone attracts a wide variety of
juvenile and small finfish, crabs, and other local species.
2. TOPSAIL SOUND (AIWW). The eastern shoreline of Water's Edge extends about 600' along
Atlantic Intracoastal Waterway. Here too, there is a 200'+ border of tidal marsh and mud flat
separating the high ground of Water's Edge from the mean low water line. The project area here
also consists of the pier corridors over which the structures will extend. The intertidal area in this
location is more stressed by the regular wave wash from passing vessels and its unprotected
exposure to northeasterly and southeasterly wind quadrants. Scattered oyster clusters and benthic
species are observed in this area. No submerged aquatics have been observed. Existing water
depths at the end of the piers is -3.5' MLW. The area is designated a Primary Nursery Area and
serves as habitat for a variety of fish and crabs. The AIW W hosts regular commercial and non-
commercial vessels moving north and south in front of this site. The AIWW is subject to periodic
Maintenance dredging
E. PREDICTED ENVIRONMENTAL EFFECTS OF THE PIERS
1. TOPOGRAPHY. No impact
2. SOILS. Insignificant impact caused by jetting piling during construction.
3. LAND USE. No changes in land use will occur because of these piers.
4. WETLANDS. The pier structures will be elevated well above all coastal and/or fresh marsh.
5. PRIlVIE or UNIQUE AGRICULTURAL LANDS. No impact
6. PUBLIC LANDS and SCENIC, RECREATIONAL, and STATE NATURAL AREAS. Mill
Creek and Topsail Sound are Public Trust Waters, within which water-dependent structures, such
as these piers are allowed.
7. AREAS of ARCHAEOLOGICAL or HISTORICAL VALUE. No impact
8. AIR QUALITY. Exhausts from the motors of the small boats using these facilities will have
short-term minor impacts on air quality. The locations of all of the piers are in wide open areas
where wind movement is unrestricted and will quickly dissipate exhaust gxes.
. C I-VE
Page3 JA..-4 U` C 2004
DIVISION OF.
COASTAL MANAGEMENT
9. NOISE LEVELS. Noise during construction will occur for a few days. Noise from the motors of
the boats will be minor and not unlike the existing boat noise in the area.
10. WATER RESOURCES (SURFACE WATER AND GROUND WATER).. The tidal surface
waters of Topsail Sound are designated as a "Primary Nursery Area" by the North Carolina
Division of Marine Fisheries and are classified "SA" by the North Carolina Division of Water
Quality. The waters are open to the taking of shellfish. Restrictive covenants will be imposed by
the developer to limit boats using the dock to 21' or less in length and preventing the presence of
cabins or heads. Accidental spills will be quickly dissipated by the full range of twice-daily tides
present in the area.
11. FOREST RESOURCES. No impact.
12. SHELLFISH or FISH and THEIR HABITATS. The construction of the piers will affect some
scattered shellfish. The day to day usage of the facility will result in some spillage of fuel and
oils, but no overboard discharge from onboard sanitary facilities will occur since the developer has
imposed restrictive covenants that prohibit the length of boats to 21' or less, and without cabins or
heads. The boat docks are to be located 265' and 300', respectively offshore of the land where
existing boat traffic and usage prevails and where extensive tidal currents will effectively
diffuse spills. No fuel facilities will be located on the dock systems. No shellfish closure will be
imposed for this facility since only 18 boat slips are proposed and the boats are limited in size to
21' with no cabins or heads. There are significant finfish, crab, and shrimp resources in these
waters, none of which are anticipated to be significantly adversely affected by this project.
13. WILDLIFE and NATURAL VEGETATION. Waterfowl use this area for feeding and resting
as well as do occasional otter and other mammals. These pier facilities and their use will not add
significant disturbance to these species beyond that they experience from the existing similar
facilities on other properties.
14. INTRODUCTION OF TOXIC SUBSTANCES. Only lumber and timbers subjected to
acceptable treatment methods will be use in the construction of these piers. No other substances
other than rare accidental minor petroleum spills will be introduced. This area is subject to the
maximum tidal amplitude expected in the region because of the close proximity to Masons Inlet
and the Atlantic Ocean.
15. CONSTRUCTION.
a. Dock Facility "A": Topsail Sound (AIWW) Piers. A 6'-wide walkway will begin along the
edge of the boundary of lots 1 and 2 and extend (elevated) across the marsh where the two
Topsail Sound piers will begin. The northernmost T-head pier will extend approximately 250'
waterward from the mean high water contour to which is attached a 90' x 4' floating platform
with three 21' x 4' finger piers extending to the -3.5' (mlw) contour in Topsail Sound (AIWW).
This is at a point about 65' waterward of the marsh edge and 80' away from the bottom edge of
the AIWW. The floating platform will be designed to provide the option of a boat-lift or wet slip
for 5 boats up to 21' in length. The southernmost pier, located 100' south of the first, will extend
230' from the mean high water contour to a point about 100' waterward of the marsh edge. A
floating platform measuring 40' x 4' with two 24' x 4' finger piers will be attached to this second
pier and will reach a point where the water depth is -3.5' mlw and the bottom edge of the AIWW
is 80' away. This pier-will accommodate 4 boats up to 21' in length at a floating platform
designed to provide the option of a boat-lift or wet slip. The distance between the marsh edges
(across the AIW W) in this area is approximately 500'. Each of these iers will have a 15' x 15'
covered deck This construction work will involve jetting and/or dri ' -h nt? 09MO11tidIr-
and constructing the pier using conventional fasteners (nails, etc.). N Is wil 4en&ted 'v/
during construction. •?
Page 4 4 z4ul
DIVISION OF
COASTAL M:tNAGLI'VIENT
b. Dock Facility "B": Mill Creek Piers. A single 6'-wide walkway will begin at the edge of a cul-
d-sac and extend along the boundary of lots 17 and 18 to the approximate mean high water
contour where the two Mill Creek piers will begin. The upstream L-head pier will extend
(elevated) across the wetlands and marsh to a point about 20' waterward of the marsh edge or a
distance of about 265' waterward of the mean high water contour and terminate at the (approx.)
-3.5' (mlw) contour. Five boat slips are proposed to be aligned alongside a 150'4ong by 4'-wide
floating platform. Each slip will accommodate one boat up to 21' in length. The second pier,
located 115' downstream of the first, will extend across the marsh to a point about 25' waterward
of the marsh edge which is also about 265' waterward of the mean high water contour. Water
depth at this point is about -3.5' (mlw). The pier will have 4 boat slips aligned alongside a 120'-
long by 4'-wide floating platform. Each of these slips will accommodate one 21' boat. Each of
these piers will have a 15' x 15' covered deck. The construction work for these piers will involve
jetting and/or driving timbers into the ground and constructing each pier using conventional
fasteners (nails, bolts, etc.). No excavation or fill will occur and no wetlands will be impacted.
Noise will be generated during construction.
F. MITIGATIVE MEASURES
None required.
G. REFERENCES
None
H. EXHIBITS
Application for Major Coastal Management Act (CAMA) Permit
L STATE and FEDERAL PERMITS REQUIRED
A Department of The Army (Corps of Engineers) Permit will be considered under the joint
processing agreement with the N. C. Office of Coastal Management.
C(Lidu
D1VJS10i\j OF
DEMENT
Page 5
H. EXHIBITS
COPY OF APPLICATION AND DRAWINGS
FOR MAJOR MODIFICATION OF CAMA PERMPT NO. 68-03
7M -
t ff r? .? ? 1
C?; ,i14 n ?,:
COAS-T i I,..r,r? OF RR
APPENDIX
RESPONSE TO AGENCY COMMENTS
1. North Carolina Wildlife Resources Commission:
Comment: Permit should include conditions: (1) requiring the pier decking to be a minimum of 4' off
the marsh floor, (2) perform no future dredging, (3) avoid work during sensitive biological
activity, and (4) the piers and docks should conform to the NCDCM'/a rule.
Response: Conditions 1, 3, and 4 are acceptable and changes have been made in this document to
Reflect the applicant's concurrence. The proposed piers are located adjacent to existing
dredge-maintained channels (Mill Creek and the AIWW) which will continue to be
maintained as needed.
2. North Carolina Division of Water Quality:
Comment: The area "Myrtle Grove Sound" was erroneously used instead of Topsail Sound on Page 4,
Section E, #10.
Response: This correction has been made.
Comment: Boats should be limited to 21' in length and with no heads. In compliance with North
Carolina Administrative Code 15A NCAC 2B .0225(e)(7)(F).
Response: That change has been made throughout the document
.? ?1-4 i?
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MANAGEMENT
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SCALE: 1"- 200' rOR MARCH 3, 2003
JIMMY' 5 ISLAND INC
1904 EA5TWOOV IZOAP - 5Lln 212
WILMINGTON, NC 26403
I'ML I MINAI2Y %lmven MV ForAmv lsvr
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110
WATER,5 EDGE AT DEERFIELD _
MAP BOOK_, PAGE _
2
25' ACCE55 EASEMENT 4
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NOTES..
1. THIS MAP WAS NOT PREPARED FOR RECORDATION,
7?v
CONVEYANCES, OR SALES PURPOSES.
2. PROPOSED DOCK FACILITY DOES NOT EXCEED
1/4 OF THE WATER BODY WIDTH.
3 3. ALL ELEVATIONS ARE RELATIVE TO NGVD '29.
ElE4ATION I ? ? l?. .
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y p` ey roy ey 1TI hh ay yy a0 ay ti? oy 16 ryb o?
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TOPSAIL TOWNSHIP PENDER COUNTY NORTH CAROLINA
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FOR
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SHEET2 OF 5
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5.0
4.0
3.0
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1.0
0.0
-1.0
-2.0
-3.0'
-4.0 I
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5.0
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-2.0
-3.0
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SHEET 3 OF 5
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NOTES
1. THIS MAP WAS NOT PREPARED FOR RECORDATION,
CONVEYANCES, OR SALES PURPOSES,
2. PROPOSED DOCK FACILITY DOES NOT EXCEED
1/4 OF THE WATER BODY WIDTH. ?8
I ALL ELEVATIONS ARE RELATIVE TO NGVD '29
x -1. e Pc ,?J?? As WATER9 B?? p?IVE
x 1.ea
x-2.56 d ??\
X, -3.04 N J?
_
X -3.20 18
z
x -3,39
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x 2.89
-1.69 17 1771
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x 3. \
/
x -3.61 1 MAP BOOK _,. PAGE _
x -3.82
-3.92
PCOOPOED
14 / 16 1
' x -1.42
PROPOSED x -1.41
RAMP -2.07
x_ 6 i1r,
x \ I ?••
x -3.67 67
x -4.01 FLOOD
x -3.93
x -3,57
x EBB
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x -
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x -3.89 -2,12 'AN ?--
x -3.35 x -2.9
X -2.91
x _2.29 x -3.29
x - DIVISIO,?1 OF rr,or05r-n
213 x _3.72 TAL MAMA 9-4( F:ACIL11'Y "13"
X _4.0e COAS ?orz
x_425 xx-,.2 WA
-4,25 S ?Ar t2??l:r- l?L, p
x -4,25 x -2.60 TOPSAIL T01',NSNIP PENDER COUNTY NORTH CAROLINA`-.
x -3,62 x -2,90 SCALE, 160' MARCH 3, 2003
-2.29. x -3.35 FOR
x -1,67 JIMMY' 5151.ANn ING
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SHEET 5 OF 5