19870039 Ver 1_COMPLETE FILE_19871026

Permit Class Permit Number
Major Modification STATE OF NORTH CAROLINA 83-84
Renewal Department of Natural Resourresand,Community Development
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Coastal Resources Commission
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Major Development in anAk ea bf1mvironmental
Al
Concernpursuant to_NCGS 3A*t?8
m_fiwd^
Excavation and/or fillurg pursuant to NCGS 113-229
Issuedto Philip L Byrnes, Route 2, Box 337-AZ, Wilmington, NC 28403
authorizing development in New Hanover County at AIWW on mainland off of SR 1527 near
Carolina Beach Inlet
as requested in the pennittee's application dated 6/25/87 i ncl udi ng
attached plat dated received 6/30/87.
This permit, issued on Z` ` } i is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) This permit modification authorizes only the phased development described
in the attached plat. Changes to, or expansion of, the exi sti ng mari na faci 1 i -
ties and associated amenities will require further permit modification.
(2) The Division of Environmental Management has determined that the project
layout presented in the application complies with the stormwater density
requirements as contained in NCAC 2H.0408(e).
(3) The project activity will not include any channelization of runoff any closer
than 50 feet to mean high water.
NOTE: All conditions of the original of permit No. 83-84 issued on May 14,
1984 and modified by letter of refinement on October 1, .1986 are still
applicable to the project authorized under that action. Parts of the
project authorized in May of 1984, where not completed, may be carried
out under this renewal.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1988
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission,
/ L.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
October 15, 1987
M E M O R A N D U M
TO: John Parker
FROM: Bill Mills (34 /?w
SUBJECT: Application for CAMA Permit
Phillip Byrnes
New Hanover County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. The proposed project will not require a 401 Water
Quality Certification.
b. The project complies with the stormwater density
requirements as contained in 2H .0408(e).
C. The permit should be conditioned to require that
there be no channelization of runoff within 50
feet of mean high water.
BM/dkb
cc: Preston Howard
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM I?tc
DATE: October 9, 1987 jtl
D
TO: Bill Mills
Operations Branch lyA?. - 3
OpFA,q ?1 8i
FROM: WDavid H. ilmington oRegional-Office TlOsrfi?'T/
THROUGH: A. Preston Howard, Jr.W-V-w ' f
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Philip Byrnes
New Hanover County
The applicant is proposing to develop a single residential area.
The project is adjacent to Myrtle Grove Sound, classified SA,
closed to shellfishing.
The project has been reviewed to determine impacts to water
quality. The following comments are offered:
1. That a 401 Certification will not be required.
2. That the project complies with stormwater density limits.
3. That there be no channelization of runoff within 50 feet of
MHW.
This office has no objection to the project.
DHC:kc
cc: DCM - Bob Stroud
CF, WiRO
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Philip L. Byrnes
2. Location of project site On AIWW at Carolina Beach Inlet, New Hanover County,
New Photo 1i 17-213 Grid E-K, 4-8
3. Investigation type: Dredge & Fill no CAMA yes
4. Investigative procedure: (A) Dates of site visit 7-31-87
(B) Was applicant present yes
5. Processing procedure: Application received cc 7-10-87 Office WiRO
6. Site description: (A) Local Land Use Plan Wilmington - New Hanover
Land Classification from LUP Resource Conservation
Development constraints identified in LUP none for
projects of this nature on high ground
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands Public Trust Waters
Estuarine Waters Other outside normal AEC
(C) Water dependent: Yes
No X Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing Community System
Planned Extension of existing system
(F) Type of structures: Existing N/A
Planned Single family residencies
(G) Estimated annual rate of erosion N/A Source ---
7. Habitat description:
(A) Vegetated wetlands:
N/A
AREA
Dredged Filled Other
(B) Non-vegetated wetlands:
N/A
(C) Other :
High Ground
(D) Total Area Disturbed :
Appx. 15 acres
Appx. 15 acres
8. Project Summary The applicant proposes to add two areas to the existing
project adjacent to the Inlet Watch Yacht Club. These will be phased in.
Phillip L. Byrnes
Page 2
9. PROJECT DESCRIPTION
The project is located adjacent to the Inlet Watch Yacht Club (Formerly
Carolina Beach Inlet Marina) on the west side of the AIWW and approximately due
west side of the Inlet. Permit 83-84 provided for the expansion of the marina
basin and the development of the high ground property located on the south side
of the basin (14 lots in the recently modified plan). The adjacent waters are
classified as SA closed and are a designated primary nursery area.
The applicant proposes to develop phase 2 which will consist of 20 lots
arranged around a single access road. The lots are all greater than 75' from
the mean high water contour in the basin. The lots will be west of the
existing development and basin. Phase 3 will consist of 13 lots. It appears
to be situated on what is high ground. The area is located north of the
existing sales office and parking area for the basin. It too is well beyond
75' from the mean high water contour in the basin.
10. ANTICIPATED IMPACTS
The project is located beyond the 75' estuarine shoreline AEC. However, it is
still within the 575' limit for stormwater control. The project is being
reviewed under the full disclosure requirements of the Coastal Area Management
Act.
Submitted by: C. Robert Stroud, Jr. Date: August 3, 1987 Office: Wilmington
APPLICATION JUnI ?, ,?
FOR )? f7
trf
PERMIT TO EXCAVATE ANOMR FILL (MATER QUALM,
EASEMENT IN LANDS COVERED 8Y WATER CwMA PERMIT FOR l1A1OR DEVELOPMENT
Deparawme of Ow Amity
pMreewwe of AdMWWratbw State of NWO t,.aroltiia CorM*1E11W1wers, wambo "M oWrkt
and c). t1ntty3Ao'"d°fM"^e
(GS 146-121 ogartiitaet of Natural Raaowaas 1S
(GS 113.22!, 143.217.31x1(11, 143-Z .3(•11i (37 Cf? 201.720.72f)
Please type ix print and fill in all blanks. If infOn"Mien is not applicable, so indicate by placiong N/A in blank.
1. Applicant Information Philip L.
A. Name Byrnes
Last First Middle
B. Address Route 2 Box 337AZ
Street, P. O. Box nor Route
Wilrai ton NC 28403 [phone]
(.itv,)r Town State Zip Code Phone
IL Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Federal Point Township
2. Is proposed work within city limits0 Yes No X Myrtle Grove
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Sound
III. oacription *(Project
Single Family Subdivision
A. 1. Maintenance of existing project - 2. New work
B. Purpose of excavation or fill
N/A len
th
width
depth
g
1. Access channel -
2. Boat basin NJA length width depth
3. Fill area NIA length , width depth
4. Other Misc. Grading length width depth
C. 1. Bulkhead length N/A ,_ Average distance waterward of MHW (shereiine)
2. Type of bulkhead construction (material)
0. Excavated material (total for project)
1. Cubic yards N ZA 2. Type of mat!rial
E. Fill material to be pl.ced below MHW (see also V I A)
1. Cubic yards N2ne 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment X
other wetland' t'es No
A. Does the area to be excavated include any marshiand, swamp? or
9. Does the disposal area include any marshland. swamps or other wetland' Yes No
C. Disposal Area
1. Location N/A
2• Do you claim title to disposal area'
0. Fill material v,uice if loll is to be trisOcn in N A
E. How will excavated material be entrapped anderosinn controlled Fro Sion from misC, grading controlled
with sediment basins and silt fence.
F. Type of equipment to he used Excavators & pans
G. Will marshland he crnsud in transportint equipment to protect site' 11 yes, explain NO
.... -

rfi
Y. ImemA d gh+ of heiect A.,. (as*Cfto)
A. 1. rr*M
2. Corttntwcial
1 Ho Ong Oevelotarr em or trsdt mbf single family residential
4. Od w
-- --
•. 1. Lot sue(s) 13,000 sf minimum
2. ELaraden of lot(s) above mean hilt water 6' to 15' --
3. SOLI type and t1xture r d c & find c a nil s
1. Type of building facilities orsuvctures Single fami3y resi(?ences
S. Sewaat disaoral and/or waste water treatment A. Exiso". I Planned
Extensionof commlini_tg ENst.em
8. pesetibe
6. Land Clasuricatifm (circle can-) DEVELOPED TRANS, ri1jNA:. COMMUNITY RURAL
CONSERVATION fITHER kesource Cons. (See CAMA Local Land Use Plan Synopsis)
VL Pmaininil to Fill and Water Ouaitty X
A. Ooes the prooOSed Ornlec::rvolve the plaCement of fill matenass helow r^eatt !ttZh water? Y"-No
L 1. Will any runoff or discharge enter adlacenxwaters as a result of protect activity or planned use of the
area following protect comaletiortt Yes 1-No
2 Type of dtscharxe Stormwa ter runoff
3. Lacatton of discharge One outfall each to the east On north & south property lines
VOL Plus rate of shoreline erosion lif known): N/A
WN. Use permit nwmben and issue dates of previous Department of Army CArps of E±m" ?r State permits for
. week in project area, if applicable: SAWCO 83-N-065-0241,SC23-74, rtgr83-ti4
DL LMtO of brigs required to cowiclete pock t: Ori Year
X 10addid o to the centa+eted application form, the folle wirvl item most be provided:
A. Attach a copy of the dead (with State application only) or other inwument under which appltcAm
claims title to the affected prooerty. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other Wdu nsent under which the owner claims title plus written
permission from the owner to carry out the oroiect on his land.
Attach an accurate work plat drawn to scale on 8Y1 X 11" white paper (see instruction hooklet for
details). Note: Original drawings preferred • only h.Rh quality copies acceoted.
C- A copy of the aoolrcaUon and plat must be served upon adiacent riparian landowners by tegtstered w
certified mail or by putatcatton (G.S. 113-224 (d))Enter date served
0. List names and comolete addresses of the rtoartan landowners with orooerty adjoining aopitcant't.
Such owners have 30 davs to which to submit comments to aeenctes listed below.
Jack Hinton, Route 3. Box 337AX2 Wilmington, NC 28403
Eloise Johnson, 352 South Kerr Avenue, Wilmington, NC 28403
XL CertHicatien require n.ent: I certify that to Ilse belt of my knowieda, the prooosed activity compotes
with the State of North Groltnass approved coastal manaeorrient orogrant and will be conducted 'n a
manner consistent with such program,
XIL Any permit awed pursuant to this aooltcatinn will allow only the development described to this appli
cation and plat. Aoolicants should therefore describe in the aooltcatton and plat all anticipated devei-
o0ment activities, including construc:ion, excavation, filling, and owing.
DATE ?' - ??? - L't? ?? `t•
oe'i"nt's Signaturis
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr. William G. Marley, Jr., P. E.
Assistant Highway Administrator
Division of Highways
Raleigh, North Carolina 27611
Dear Mr. Marley:
August 19, 1987
The attached copy of an application submitted by:
David W. Owens
Director
Philip L. Byrnes
Applicant's Name
Carolina Beach Inlet
Location o Project _
New.Hanvoer
County
for a State permit to perform excavation and/or fill work in
Coastal North Carolina and for a CAMA major development permit
x for a CAMA major development permit (only) ....
for a dredge and fill permit (only) ....
.... is being circulated to State and Federal agencies having interest
in and/or jurisdiction over the subject matter which might be affected
by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 9/8/87
Sincerely,
John Parker, CJr., Chief