19930304 Ver 1_Complete File_19930505

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199302040
April 27, 1993
Windchase Homeowners' Association
c/o Mr. Jimmy North
6314 Wrightsville Avenue
Wilmington, North Carolina 28493
Gentlemen:
t`
(M'FMAY ' 1993 k G) ;
W "?Y1R6a ?,?_ ? !,
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received April 16, 1993, for Department of
the Army authorization to reconstruct and enlarge dockage on the Atlantic
Intracoastal Waterway (AIWW), at the mouth of Whiskey Creek, Masonboro Sound,
Wilmington, New Hanover County, North Carolina, indicates it to be a candidate
for Federal authorization under this general permit. Accordingly, the
aUuuiuistrativc pruce5sing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act, has
been assigned Action ID No. 199302040 and will be coordinated by Mr. Jeff
Richter in our Wilmington Field Office. He is available at telephone (919)
251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
,Ir. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
SIAIZ
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James B. Hunt, Governor
Jonathan B. Howes, Secretary
April 14, 1993
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
John R. Parker, Chief
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Windchase Homeowner's Association
end of Cabbage Inlet Lane off of S.R. 1492 in
New Hanover County
Roger N. Schecter
Director
re-construct and enlarge the community docking system for the
Windchase Homeowners Association.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 4, 1993. If you have any questions regarding the proposed project, please
contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting
data is requested.
REPLY: L/ 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 S , )qy
127 nal Drive Extension, W N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affimvtive Action Employer
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER:
WQ SUPERVISOR:
DATE:
N/A
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 93 PERMIT NO.: 93304 COUNTY: New Hanover
PROJECT NAME: Windchase Homeowners Association
PROJECT TYPE: Pier PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: April 15, 1993
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Masonboro Sound
CLASS: SA ORW STREAM INDEX #: 18-87-(25.7)
*OPEN OR CLOSED: Closed
WL IMPACT: N/A WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
HYDRO CNECT?: N/A WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: NO
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to re-consstr c
enlarge a community docking system. R ®D 1U( ?,
15
WATER QUALITY CERT. (401)
CERT. REQ'D: No
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE
WATER/WETLAND FILL
GREGSON
ADKIN;
May 17, 1993
D L5 V? u u
MAY 19 ?
f:
(
=i
AND PERMIT ISSUANCE PROBABLE: N/A
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: Yes
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
93304.Mav
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
Through conversations with Greg Thorpe, it is my understanding
that the Water Quality Committee, in July of 1990, ruled that
only if the expansion of existing marinas would result in
additional shellfish closure area would they be prohibited in
Coastal ORW's. This project, as proposed, will not result in
additional shellfish closure.
That the project be done in such a manner so as to not cause
turbidity outside the immediate construction area to exceed 25
NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
Form DCM-MP-2
MARINA
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types)
cry OF
COASTAL Xar, AGEMENT
Attach this form to Joint Application for CAMA Major
Permit. Be sure to complete all other sections of the
Joint Application which relate to this proposed project,
including upland areas, even if duplicative. All shore-
based facilities must be included in application and work
plats.
9.
h.
1 MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial Public ?' Residential
b. Will the marinAt a open to the general public?
to
c. If there is residential development associated with
the marina, how pany units or loots are planned?
d.
Check all of the types of service to be provided.
Full service, including travel lift and/or rail
Dockage, fuel, and marine supplies
?Dockage ("wet sli s") only
Number of slips
Dry storage
Number of boats
-Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
or channel
Open water, no dredging required
Other (describe)
i.
M??,Z 31 1 1993
Typical boat length
Maximum boat length
Are any floating buildings planned? A
If so, describe.
2 MARINA OPERATIONS
a. Check each of the following sanitary facilities which
will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location
b. Describe treatment type and location for all sanitary
wastewater.
c. Describe solid waste, fish offal, and trash disposal.
S
.4/89
d. How will overboard discharge of sewage from boats L
be controlled?
-A *J
'fAr
e. Give the location and number of "No Sewage
Discharge" signs proposed r , lo,
Give the location of fuel handling facilities and
describe the safety measures planned to protect area
water quality.
j. Describe design measures that promote boat basin.
Bushing or circulation and reduce water quality
impacts.
L What will be the marina policy on overnight and
live-board dockage?
L Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste, and petroleum products. 1.
g. Where will residue be disposed of7
h. Give the number of channel markers and "No Wake"
signs proposed.
Note: Regulatory signs such as these require additional
approval by the N.C. Wildlife Resources Commission.
6
Is the proposed marina located near any shellfish
leases? 4Q If so, give the name and address of
theleaseholder.
m. If this project is an expansion of an existing marina,
whatOws of services are currently provided?
n. How many slips are now available? A, C:2
4/89
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A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Windchase Homeowner's Association
2. LOCATION OF PROJECT SITE: Adjacent to Masonboro Sound and the mouth of Whiskey
Creek at the end of Cabbage Inlet Lane off of S. R. 1492 in New Hanover County.
Photo Index -X899: 178-26, grid 16-N 1984: Not in file
State Plane Coordinates - X: 2351650 Y: 160600
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/16/92, 11/24/92, 3/22/93
Was Applicant Present - Yes Yes Yes
5. PROCESSING PROCEDURE: Application Received - cc: 3/30/93
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Subdivision, Community docking system
Planned - Replace and enlarge docking system
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED I NCORPORATEI
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Open Water
12,259 sf
(D) Total Area Disturbed: 12,259 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed
8: PROJECT SUMMARY: Applicant proposes to re-construct and enlarge the community docking
system for the Windchase Homeowner's Association.
Windchase Homeowner's Association
Page 2
i
9. PROTECT DESCRIPTION 4/08/93
The project is located adjacent to Masonboro Sound at the mouth of Whiskey Creek on the northeast
side. There is presently a built-out subdivision, 8.4 acres in size, with individual lots averaging 1/3
to 1/2 acre. The subdivision has a deeded common area at the water, supporting a community
docking system. This consists of a 215' long pier, with a 16' x 16' T-head located 10' short of the
pier end. Currently, a ramp connects to a floating dock system that was permitted to support up to
10 boats. The two outermost slips are deeded to allow for boats up to 36' in size.
The waters of the AIWW here at the mouth of Whiskey Creek are classified SA - ORW by the
Division of Environmental Management. The area is a designated Primary Nursery Area, and is
closed to the taking of shellfish. The New Hanover County Land Use Plan classifies the area as
Conservation.
The existing pier crosses mixed coastal marsh, and a sandy berm before open water. This structure
and the 256 square foot T - Head, plus 10' of the pier beyond the T - Head, are all to remain
unchanged.
The applicant proposes to reconstruct the end of the pier, and the entire docking system. There is
to be 32' of pier constructed, 6' in width. A fixed dock will be constructed at the landward end that
measures 243 1/2' in length, and is 6' wide. There will be seven fixed finger piers attached to the
dock, each measuring 20' x 2'. The 31 mooring pilings between and waterward of the finger piers
will afford the system 14 slips. On the landward side of the dock system, the applicant proposes to
construct a 32' x 5' floating dock connected to the pier by a 13' ramp. This float will allow the
boaters to pull around and load equipment more easily than does the fixed system. The applicant
does not desire to make the entire system floating because of the proximity to the AIWW. The
current system is floating, and receives destructive wave action.
In order to satisfy the 27 square foot rule found in T15A: 07H .0208 (b) (5) (D), the applicant must
have 457 linear feet of riparian property. In order to accomplish this, the owner of Lot 9, the one
riparian lot that is left on the market, has deeded all riparian rights to the Windchase Homeowner's
association. With the addition of the riparian frontage deeded as common property, the total linear
footage available for use is 458. This provides for 12,366 square feet of dock space, 43 square feet
more than the applicant requests.
The project as proposed is 17' from the riparian corridor to the north, and 64' from the corridor to
the south. The project would extend into the water only as far as does the existing structure, which
is 85' from the near edge of the federally maintained channel (according to the applicant.) The
structure extends into open water approximately 180'. The body of water is in excess of 600'
across. The depths at the waterward end of the project vary from -3' to -8' mean low water.
The intended use of the project is to serve the adjacent community of Windchase.
Windchase Homeowner's Association
Page 3
4
10. ANTICIPATED IMPACTS
The project as proposed would incorporate approximately 12,259 square feet of Public Trust Area.
This includes all the new construction. To figure the allotment based on the 27 square foot rule, the
pier would be eliminated from this equation, but the existing T - Head (to remain unchanged) has to
be figured into the total square footage of dock space. This becomes 12,323 square feet, or slightly
less than the rule allows. The structure lies within its riparian corridors, is 85' from the AIWW,
and meets the 1 /3 rule.
The new structure would allow for the docking of an additional four boats. These would be less
than 21' in length, and without heads. The two end slips are currently deeded for occupancy by
boats that are up to 36' in length. Authorization of the four additional boats should not effect the
status of the area as it is closed to shellfishing.
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and storrnwater 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 oompleted for all projects.
1 APPLICANT
a. Name ?Y , A.YM
Address 63 14 Iy e-
City 0, 4",If, a) 4o,-) State A-)-C.
Zip2 4yo 3 Day phone
Landowner or i Authorized agent
b. Project name (if any) , ,??<_ a c e
c. If the applicant is not the landowner, also give the
own
613 er's Warn and address L,
1' A.) C ?&se Cr.
/75'C3c7o t.?.?;,.?dcG,csP L,v.
-T
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?
(a n ?-t
c. Will the project be for community, private, or
commercial use?
Le") dj't414
d. DesCn! a the planned u e of the project.
n) 0 _p Looi e bra S /i .Js
L, ?; ,.?/3?P In G ? e r?PJ (' l F ,J r?
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract <. g a c r e
b. Size of individual lot(s) % o o C4 c c-
c. Elevation of tract above mean sea level or
iW Geodetic Vertical Datum
2 LOCATION OF PROPOSED L4 ?:SL,
PROJECT d. Soi s) and texture(s) of tract
MAR 19 .194--?2
a. Street address or secondary ad number
r 1,n o e_ I /p / ..? e. Vegetation on tract
ION OF
b. City, town, co unity, or landmark COASTAL MA AGG?MEN
( U o , ?G+Fan- features now on tract P
c. County 0 eco hla,. !) n r.') P,-
d. Is proposed work within city limits or planning
jurisdiction? A On
e. Name of body ooCf water nearest project
I C-3
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
V Conservation
Developed
Rural
Transitional
Community
Other
h. How is a trac zoned by local government?
Pc1 QJFA_Yd.I
i. How areadjacent waters classified?
_5? l4 0r2/A )
a. Describe all development activities you propose (for
example, built}ing a home, motel, marina, bulkhead,
or pier). x Ll 3 eG? Ic w / ?l
j. Has a professional archaeolo 'cal survey been
carried out for the tract? c> If so, by whom?
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
stcucturesproposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
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?
L Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
S. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
IL If applicable, has a stonmwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
1L Describe existing treatment facilities.
L Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
2
m. Water supply source
n. If the project is oceanfront development, describe
maintain established
rovide new access.
uno IQ 1995
o. If the p%YAY? & ff=ont, what will be the
( (D*&iQ aLatil?f?'l?'of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
L Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break- P.I e v,
water, pier, ? Ioc k
boat ramp, F; N>• ?%•,
rock jetty)
Fill placed in° doc k
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards
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
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. 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 theM material be pl , 4
water.
1. Amount of fill in cubic y S
m. Type of fill material MAR 19 1993
r_
n. Source of fill material TTD 1V& I ?(l J? or
o. Will fill material be placed0onsn?i N GWENT
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
L Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
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 cant' 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 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 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 applicant of
that opportunity.
3/'91 3
Name d a T o f_&J0(P,.
Address 'd c? l 2' v c l s P
` o o G
'5 dU- Sa - qps -'
Name
Address
Name
Address
to; A 940 3
A fist of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $2S0 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 AND PERMISSION
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 the ?rL day of /'I a - c- ,19-L-16.
X
Land er or Authorized agent
r? '
MAR 1.9 1993
DIVISION OF
COASTAL MANAGEMENT
4 3/'91

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Windchase Homeowner's Association
2. LOCATION OF PROJECT SITE: Adjacent to Masonboro Sound and the mouth of Whiskey
Creek at the end of Cabbage Inlet Lane off of S. R. 1492 in New Hanover County.
Photo Index - 1989: 178-26, grid 16-N 1984: Not in file
State Plane Coordinates - X: 2351650 Y: 160600 w
N01133S A111tlt1 831VM
dnoan saNvinm
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/16/92, j1 /24/92, 3/22193
Was Applicant Present - Yes jes Yes
5. PROCESSING PROCEDURE: Application Received - cc: 3/30/93
Office Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Subdivision, Community docking system
Planned - Replace and enlarge docking system
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED I NCORPORATEL

(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Open Water
12,259 sf
(D) Total Area Disturbed: 12,259 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed
8. PROJECT SUMMARY: Applicant proposes to re-construct and enlarge the community docking
system for the Windchase Homeowner's Association.
Windchase Homeowner's Association
Page 2
9. PROJECT DESCRIPTION 4/08/93
The project is located adjacent to Masonboro Sound at the mouth of Whiskey Creek on the northeast
side. There is presently a built-out subdivision, 8.4 acres in size, with individual lots averaging 1/3
to 1/2 acre. The subdivision has a deeded common area at the water, supporting a community
docking system. This consists of a 215' long pier, with a 16' x 16' T-head located 10' short of the
pier end. Currently, a ramp connects to a floating dock system that was permitted to support up to
10 boats. The two outermost slips are deeded to allow for boats up to 36' in size.
The waters of the AIWW here at the mouth of Whiskey Creek are classified SA - ORW by the
Division of Environmental Management. The area is a designated Primary Nursery Area, and is
closed to the taking of shellfish. The New Hanover County Land Use Plan classifies the area as
Conservation.
The existing pier crosses mixed coastal marsh, and a sandy berm before open water. This structure
and the 256 square foot T - Head, plus 10' of the pier beyond the T - Head, are all to remain
unchanged.
The applicant proposes to reconstruct the end of the pier, and the entire docking system. There is
to be 32' of pier constructed, 6' in width. A fixed dock will be constructed at the landward end that
measures 243 1/2' in length, and is 6' wide. There will be seven fixed finger piers attached to the
dock, each measuring 20' x 2'. The 31 mooring pilings between and waterward of the finger piers
will afford the system 14 slips. On the landward side of the dock system, the applicant proposes to
construct a 32' x 5' floating dock connected to the pier by a 13' ramp. This float will allow the
boaters to pull around and load equipment more easily than does the fixed system. The applicant
does not desire to make the entire system floating because of the proximity to the AIWW. The
current system is floating, and receives destructive wave action.
In order to satisfy the 27 square foot rule found in T15A: 07H .0208 (b) (5) (D), the applicant must
have 457 linear feet of riparian property. In order to accomplish this, the owner of Lot 9, the one
riparian lot that is left on the market, has deeded all riparian rights to the Windchase Homeowner's
association. With the addition of the riparian frontage deeded as common property, the total linear
footage available for use is 458. This provides for 12,366 square feet of dock space, 43 square feet
more than the applicant requests.
The project as proposed is 17' from the riparian corridor to the north, and 64' from the corridor to
the south. The project would extend into the water only as far as does the existing structure, which
is 85' from the near edge of the federally maintained channel (according to the applicant.) The
structure extends into open water approximately 180'. The body of water is in excess of 600'
across. The depths at the waterward end of the project vary from -3' to -8' mean low water.
The intended use of the project is to serve the adjacent community of Windchase.
r
Windchase Homeowner's Association
Page 3
10. ANTICIPATED IMPACTS
The project as proposed would incorporate approximately 12,259 square feet of Public Trust Area.
This includes all the new construction. To figure the allotment based on the 27, square foot rule, the
pier would be eliminated from this equation, but the existing T - Head (to remain unchanged) has to
be figured into the total square footage of dock space. This becomes 12,323 square feet, or slightly
less than the rule allows. The structure lies within its riparian corridors, is 85' from the AIWW,
and meets the 1/3 rule.
The new structure would allow for the docking of an additional four boats. These would be less
than 21' in length, and without heads. The two end slips are currently deeded for occupancy by
boats that are up to 36' in length. Authorization of the four additional boats should not effect the
status of the area as it is closed to shellfishing.
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater 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
a. Name . i r "M9nf`f1,,
Address // / ?a? l.,V S v /?e v
CityA_? state A?. C.
Zip ' D 3 Day phone q/9 -, .56- 6 3 ?5
Landowner or ? Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address]
?JrN?C'?C.Se ?1?nt-inac.??,?P? s ?Ys'Gc?,
3D(o t?;,.?dc_G?asP Lev.
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?
b0V-1,
c. Will the project be for community, private, or
commercial use?
_7;M M
d. Des`ribe the planned uj? e of the project.
? r vid' ? o ???
-C? ,;Y/,[Aa?e dPyel" Qk-4C
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract . ?/ o C r e s
b. Size of individual lot(s) Y o % o r
c. Elevation of tract above mean sea level or
Geodetic Vertical Datum
2 LOCATION OF PROPOSED
PROJECT d. Soi (s) and texture(s) of tract
MAR?. 9 A994 4 ?0, ,. I ,/
a. Street add s or secondary road number
a !n C e e. Vegetation on tract
10N OF
b. City, town, c?onimunity, or landmark COASTAL, MA A MEN''
?. l i l M? ,? c y o i J ailb features now on tract /+o u 5 P s. n P ??
c. County 0 P C4-) Na n :? n( 7 P
d. Is proposed work within city limits or planning
jurisdiction?- L 2,o
e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
V" Conservation Transitional
- Developed Community
- Rural Other
h. How is a tract zon(e1/d b 1y local government?
i. How are adjacent waters classified?
a. Describe all development activities you propose (for j. Has a professional archaeolo Kcal survey been
example, bilging a home, motel ?cnarma, bulkhead, carried out for the tract? If so, by whom?
or pier). 12 c ! / / / _
i O'er-
3/91

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
. structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
in. Water supply source
n. If the project is oceanfront development, describe
o maintain established
No Fa, •rm-r/b?y
pub bea li, rovide new access.
hA A R 19 1993
d. Size of area to be graded or disturbed
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?
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.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
2
o. If the RbYA11 , nt, what will be the
StTMal "51=111 of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break- P r
water, pier, c/oc I?
boat ramp,
rock jetty),,.,,,,,,; us ai)
P) ids
Fill placed in oloc k
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
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
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. 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 plat. one:
watery r_?
r.a
1. Amount of fill in cubic ya
m. Type of fill material MICR 19 1995
n. Source of fill material DIVISioN (?F-
o. Will fill material be placed®nSmTAtSh N&&GEMENT
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
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 months, in
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
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 cant' 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 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 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 applicant of
that opportunity.
2 /O 1
i

Name l i ,vda ?L de I'D
Address a 02,52- l RIO C- t t Q e tic
"(-,/-s n,_3 ??.C, ?803?
1> - Sa -
Q-Name
Address
Name L
Address J h? _S e 40, - P S 1)
Cn'. //,IC'f p^J A /0 3
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).
4
9 CERTIFICATION AND PERMISSION
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 the day of l? 0, r- c° 19 q3
X -4,A
Land er or Authorized agent
4.151
?MAR 19 1993
DIVISION OF
COASTAL MANAGEME_Nl
1/07
-0
Form DCM-MP-2
A4AFJNA?
ma S ? 1995
DIVIS0N OF
COASTAL MANAGEMENT
Attach this form to Joint Application for CAMA Major
Permit. Be sure to complete all other sections of the
Joint Application which relate to this proposed project,
including upland areas, even if duplicative. All shore-
based facilities must be included in application and work
plats.
1 MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial Public '-Zf Residential
b. Will the marina be open to the general public?
c. If there is residential development associated with
the marina, how many units or lots are planned?
d.
Check all of the types of service to be provided.
Full service, including travel lift and/or rail
Dockage, fuel, and marine supplies
?-?Dockage ("wet sli s") only
Number of slips
Dry storage
Number of boats
Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
pen water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types).
J(
g. Typical boat length
'
h. Maximum boat length 3 6, p
i. Are any floating buildings planned? A )n _
If so, describe.
2 MARINA OPERATIONS
a. Check each of the following sanitary facilities which
will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location -
Showers
Boat holding tank pumpout
Type and location
b. Describe treatment type and location for all sanitary
wastewater.
c. Describe solid waste, fish offal, and trash disposal.
41,
d. How will overboard discharge of sewage from boats
be controlled?
r
_51? C, &) A ) 6t
? 7f r
e. Give the location and number of "No Sewage
Discharge" signs proposed.
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste, and petroleum products.
g. Where will residue be disposed of?
h. Give the number of channel markcrs and "No Wake"
signs proposed.
Note: Regulatory signs such as these require additional
approval by the N.C. Wildlife Resources Commission.
L Give the location of fuel handling facilities and
describe the safety measures planned to protect area
water quality.
j. Describe design measures that promote boat basin
flushing or circulation and reduce water quality
impacts.
k. What will be the marina policy on overnight and
live-board dockage?
1. Is the proposed marina located near any shellfish
leases? ? If so, give the name and address of
theleaseholder.
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
n. How many slips are now available? ,/0
6 4/89

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MAR 19 J M
DIVISION OF
COASTAL MANAGEMENT
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MAR ? 9 _1993
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DIVISION OF
COASTAL MANAGEMENT
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890
WILMINGTON. NORTH CAROLINA 28402-1890
IN REPLY REFER TO Mav 13, 1993
Regulatory Branch
Action ID. 199302040
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Windchase Homeowners' Association,
represented by Mr. Jimmy North, for a Department of the Army permit to
reconstruct and enlarge dockage on the Atlantic Intracoastal Waterway (AIWW),
at the mouth of Whiskey Creek, Masonboro Sound, Wilmington, New Hanover
County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
C. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest.
d. The permittee's scheme of development, of which the authorized work is
a part, contemplates the presence of structures and their attendant utilities
on lands subject to an easement in favor of the United States for the
operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to
remove such structures and improvements at his own expense in the event that,

-2-
in the judgment of the U.S. Army Corps of Engineers acting on behalf of the
United States, the lands are needed at any time for any purpose within the
scope of the easement. Permanent buildings will not be constructed within the
easement.
e. Approval of the structure was based on determination that there would
be no obstruction to navigation. Under conditions existing in the Atlantic
Intracoastal Waterway (AIWW), a possibility exists that the structure may be
damaged by wave wash from passing vessels. Unreasonable slowing down of
vessel traffic cannot be required because it would tend to nullify the
navigational benefits on which the AIWW was justified. Issuance of this
permit should not be construed as relieving the permittee of taking proper
steps to insure the structure and moored boats will not be damaged by wave
wash normally to be expected in the AIWW.
f. If the display of lights and signals on the authorized structure is
not otherwise provided for by law, such lights and signals as may be
prescribed by the U.S. Coast Guard will be installed and maintained by and at
the expense of the permittee.
g. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
f.. 3,;,Y
-3-
Copies Furnished:
xr."John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845