19890008 Ver 1_Complete File_19890101

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concernYng an application.for State Federal CAMA Permit(s) from T`
1-1,177
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
ffice has no objection to the issuance of the permit(s) for the proposed
t with the following conditions:
`- oje
?/(
/That the activity be conducted in such a manner as to prevent significant
?- increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25,
1977, for sewer line construction
B) No. 1272 issued on November 10,
1978, for bulkhead construction.
C)
No. 1273 issued on November 10,
1978, for discharges of liquid
effluent from diked upland disposal
areas.
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E) No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
F) No. 1665 issued on September 19,
1983, for incidental bridge
construction.
-WATER UALYTY -SECTION"/
DIVISION OF ENVIRONMENTAL MANAGEMENT

DIVISION OF ENVIRONMENTAL MANAGEMENT.
MEMORANDUM
Date: March 1, 1989
To: Bill Mills
Operations Branch
From: James H. Gregson fey
Wilmington R onal Office
Through: Donald Safr
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8902-N
Town of Atlantic Beach
Carteret County
PROJECT DESCRIPTION: The applicant proposes to drive pilings and construct a
child's playground 80 feet seaward of seawall.
ADJACENT WATER BODY: Atlantic Ocean
CLASSIFICATION: SB
STATUS:
The project has been reviewed to determine impacts to water quality. The
following comments have been provided.
1. The project will not require a 401 Water Quality Certification.
2. The proposed project should be done in such a way as to not cause the
turbidity outside the immediate construction area to exceed 25 NTU.
This office has no objection to the project as proposed.
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DIVISION OF COASTAL MANAGEMENT Lat:34041150"
FIELD INVESTIGATION REPORT Long:76044124"
1.
2.
3.
4.
APPLICANT'S NAME Town of Atlantic Beach
LOCATION OF PROJECT SITE Circle Drive, Atlantic Ocean, Atlantic
Beach, Carteret County; *SEE 1984 AERIAL PHOTO #32-1176(V-13 & 14)
INVESTIGATION TYPE: DREDGE & FILL CAMA X (ONLY)
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 2-88
(B) WAS APPLICANT PRESENT NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED February 9, 1989
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Town of Atlantic Beach
Transition/
LAND CLASSIFICATION FROM LUP Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD X ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS
ESTUARINE WATERS OTHER
(C) WATER DEPENDENT: YES NO X
(D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING N/A
PLANNED
(F) TYPE OF STRUCTURES: EXISTING NONE
PLANNED child's playground
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS DREDGED FILLED UTHEK
NONE
(B) NON-VEGETATED WETLANDS:
public beach - playground
(C) OTHER:
NONE
250 sq.ft.
(D) TOTAL AREA DISTURBED: 250 sq. ft.
8. PROJECT SUMMARY: Applicant proposes to drive pilings and construct
a child's playground 80' seaward of the seawall, near Circle Drive
in Atlantic Beach.
FIELD INVESTIGATION REPORT - TOWN OF ATLANTIC BEACH
CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: The applicant is the Town of
Atlantic Beach and their proposed project is to place a
child's playground on the public beach at Atlantic Beach,
Atlantic Ocean, Carteret County. The proposed playground
will be located near "The Circle" at Atlantic Beach about
80' seaward of the old existing seawall and approximately
240' above the MHW mark. The project area is located where
the USACOE placed spoil material on the beach during 1986.
The playground will require the driving of about eighteen
(18) 6" x 6" posts 6' into the beach. The playground will
occupy approximately 150 sq. ft. of public beach.
10. ANTICIPATED IMPACTS: This is a public recreational project
co-sponsored by the Town of Atlantic Beach and the County of
Carteret. As proposed, the project will occupy
approximately 250 sq. ft. of "public beach".
The overall impact of the project appears very minimal.
However, the question here is, what type of development is
allowed seaward of the first line of vegetation? Another
concern is what would happen to the playground during a
hurricane?
PREPARED BY: W. DAVID NOBLE
DATE: FEBRUARY 20, 1989
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 completed for all projects.
i.
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V ry? JJ ?
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
new work
1 APPLICANT
a. Name Town of Atlantic Roarh
Address PO Rex 10
City Atlantic Beach State NC
Zip zfi5t2 Day phone [phone]
Lloyd Wood
Landowner or Authorized agent
b. Project name (if any) Childs Playground
c. If the applicant is not the landowner, also give the
owner's name and address.
State o North Carolina
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
circle drive
b. City, town, community, or landmark
Atlantic Beach, NC
c. County a r t r t
d. is proposed work within city limits or planning
jurisdiction? yes
e. Name of body of water nearest project
Atlantic Ocean
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Child's play ground
c. Will the project be for community, private, or
commercial use?
community
d. Describe the planned use of the project.
To be used by the public
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1000 square feet
b. Size of individual lot(s) none
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
annroximately 7 feet AMSL
d. Soil type(s) and texture(s) of tract
g1nd
e. Vegetation on tract non --
f. Man-made features now on tract c nnrl fence
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Resort Commercial
i. How are adjacent waters classified?
Estuarine
j. Has a professional archaeological survey been
carried out for the tract? NO If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed One
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
None
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? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
None
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
Yes
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down'). N/A
in. Water supply source N/A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
Will not impede public access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? No 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). N/A
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
f. Dimensions of spoil disposal area
None
g. Location of spoil disposal area None
h. Do you claim title to the disposal area? No
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? No
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
No
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards None
m. Type of fill material None
n. Source of fill material None
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
None
q. How will excavated or fill material be kept on site
and erosion controlled?
None
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? None
s. Will wetlands be crossed in transporting equipment
toproject site? -N,, If yes, explain steps that will
betaken 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
feet
d. Type of bulkhead material Innn
e. Amount of fill, in cubic yards, to be placed below
mean high water None
f. Type of fill material Non -
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule W.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 16 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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and sho>31d1 .+,dvi?0-{ 'y. p.,a $ nt of that op-
portunity.

Name L & M Services. Inc.
Address Route 3, Box 502
Elm City, NC 27822
Name John M Daley
Address 2749 Bristol Drive
Bensalem Pa 19020
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable to the Department of
Natural Resources and Community Development 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 thPorAuthonzed y of 19
X /
L ow agent
AEC HAZARD NOTICE
YOUR PROJECT IS IN AN:
OCEAN ERODIBLE AREA
HIGH HAZARD FLOOD AREA
This notice is intended to make you, the appli-
cant, aware of the special risks and conditions
associated with development in this area, which is
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are
designed to minimize, but not totally eliminate,
property losses from the hazards. By granting
permits, the Coastal Resources Commission does
not guarantee the safety of the development and
assumes no liability for future damage to the
development.
The best available information, as accepted by
the Coastal Resources Commission, indicates that
the annual ocean erosion rate for the area where
your property is located is feet per year.
Date
-INLET•HAZ-ARD AREA
This figure was established by careful analysis of
aerial photographs of the coastline taken over the
past 30 to 40 years.
Studies also indicate that the shoreline could
move as much as feet landward in a major
storm.
The flood waters in a major storm are predic-
ted to be about_ 6 feet deep in this area.
Preferred oceanfront protection measures are
beach nourishment projects and relocation of
threatened structures. Hard erosion protection
structures such as wooden bulkheads, seawalls,
rock and rubble revetments, wooden, metal,
concrete or rock jetties, groins and breakwaters,
concrete-filled sandbags and tire structures are
prohibited. Sandbag bulkheads or groins, beach
nourishment, beach bulldozing, and low intensity
off-shore passive sandtrapping devices may be
permissible under certain conditions.
Applicant's Signature
The applicant must acknowledge receipt of this information by signing this notice in the space above. Without
the proper signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and
erosion. Permits issued in this area expire on December 31 of the third year following the year in which the permit was
issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and
setback distance at that particular site. If the property has seen little change and the, proposed development can still
meet the setback requirement the LPO will inform you that you may begin development. It is important that you
check with the LPO before the permit expires for official approval to continue work after your permit expires. Gener-
ally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary.
If substantial progress has not been made the permit must be renewed and a new setback may be applied. IT IS
UNLAWFUL TO CONTINUE WORK AFTER PERMIT EXPIRATION WITHOUT THIS APPROVAL.
FOR MORE INFORMATION, CONTACT:
LOCAL PERMIT OFFICER:
ADDRESS:
LOCALITY:
PHONE:
Rev. 7/85
BEFORE YOU BUILD ...
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront you take a calcu-
lated risk, Natural forces of water and wind collide with tons
of force, even on calm days.
There are no man-made structures guaranteed to survive
the force of a hurricane. Long-term erosion (or barrier
island migration) takes from two to ten feet of the beach
each year and, sooner or later, will threaten oceanfront
structures.
These are the facts of life for oceanfront property owners.
THE RULES
When you build along the oceanfront, coastal manage-
ment rules require that the structure be sited to fit safely
into the beach environment. Specifically, a structure along
the oceanfront must be: (1) behind the frontal dune; and,
(2) landward of the crest of the primary dune; and (3) set
back from the first line of stable vegetation a distance equal
to 30 times the annual erosion rate or 60 feet, whichever is
greater, for residential structures of four units or less, or
less than 5,000 square feet total floor area; and (4) set
back from the first line of stable vegetation a distance equal
to 60 times the annual erosion rat-ee or 120 feet, whichever
is greater, for residential structures of more than four units
or 5,000 square feet total floor area.
The Coastal Resources Commission has adopted rules
for building along the oceanfront. The rules are intended to
avoid an unreasonable risk to life and property and to limit
public and private losses from both storms and long-term
erosion. These rules do not eliminate - but only lessen -
the element of risk in oceanfront development.
As you consider building along the oceanfront, the CRC
wants you to understand the rules and the risks. With this
knowledge you can make a more informed decision about
where and how to build in the coastal area.
II SETBACKI SETBACK I FIRST LINE OF
STABLE
ALI 30 x AL NATURAL
?7 IAVERAGE AVERAGE I VEGETATION
Doo (EROSION I EROSION
IRATE IRATE
Ono I 81 ???I
i( LARGE I (SMALL
STRUCTURES) I STRUCTURES)
THE REASONS
The beachfront is an ever-changing landform. The beach
and the dunes are nature's "shock absorbers", taking the
beatings of the wind and waves and protecting the inland
areas. By setting back 30 or 60 times the annual long-term
erosion rate, you have a good chance of enjoying the full
life of the structure. At first glance, it seems very inviting
to build your dream house as close to the beach as possible
but in five years you could find the dream has become a
nightmare as high tides and storms threaten your investment.
PRE-PERMIT STRUCTURE; INADEQUATE SETBACK
PERMITTED
STRUCTURE;
ADEQUATE
SETBACK
PRE-STORM BEACH PROFILE
__- POST-STORM BEACH PROFILE
ONE YEAR AFTER STORM/BEACH REBUILDING
After the storm, the house on the dune will be gone. The other has a much greater chance of survival.
THE EXCEPTION
The Coastal Resources Commission recognized that these
rules, passed in June of 1979, might prove a hardship for a
small group of property owners. So there was an exemption
established for lots which cannot meet the setback require-
ments of 30 times the annual erosion rate. The exemption
allows building in front of the setback line under certain
conditions. These are:
(1) the lot must have been platted as of June 1, 1979,
and not capable of being enlarged by combining
with adjoining land under the same ownership; and
(2) development be as far back on the property as possible
and in no case less than 60 feet landward of the
vegetation line; and,
(3) no development can take place on the frontal dune;
and,
(4) special construction standards on piling depth and
square footage must be followed; and,
(5) all other CAMA, State and local regulations must also
be met.
The exemption is not available in the Inlet Hazard Areas
which are especially dynamic.
In seeking this exemption the Local Permit Officer will make these measurements and observations:
required setback from vegetation line max. allowable square footage on lowest floor
exception setback (maximum feasible)
rear property line setback
lot area as calculated from vegetation line
piling length necessary to extend 4 feet below MSL
TOWN OF ATLANTIC BEACH NC

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