HomeMy WebLinkAbout19890057 Ver 1_Complete File_19890101ORIGINAL TO ALAN KLIMEK ?
-`` COPY TO DENNIS RAMSE?'
M AY 0 9 i 89
State of North Carolina ly- ,;1 aLIIY SECTIO?1.
Department of Natural Resources and Community(-DEW I'opn Qll?a(,?4
Wii111ington Regional Office
James G. Martin, Governor Bob Jamieson
William W Cobey, Jr., Secretary Regional N1ana0
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 2, 1989
Ms. Carole Robinson
Onslow County Environmental Action Network ?' }fir;
` rt4
Route 1, Box 339B
Sneads Ferry, North Carolina 28460 PAY ? 1989
Subject: Wyndham Towers "A TER • TY
Onslow County SEC loj?
Dear Ms. Robinson:
The Wilmington Regional office has reviewed your letter
dated April 10, 1989 addressed to Mr. Paul Wilms, Director of the
Division of Environmental Management, in regards to Wyndham
Towers. As Water Quality Regional Supervisor, "I will attempt to
respond to your concerns as they relate to the Wyndham Towers
project. The Onslow County Environmental Action Network's
concern for the protection of coastal environment is shared by
this Division and the Environmental Management Commission.
The Stormwater Management Plan for Wyndham Towers was
received by the Wilmington Regional Office on November 16, 1988.
On December 19, 1988, a Determination of Compliance was issued by
this office certifying that the Plan complied with the Stormwater
Regulations set forth in Title 15 NCAC 2H. 1003(a)(2). Mr. Jim
Kennedy, Environmental Scientist of the North Carolina Coastal
Federation, did bring a concern to the attention of the Division
that warranted a reevaluation of the Stormwater Management Plan.
Mr. Kennedy's concern was the procedure the Division utilized in
calculating the overall project density. The Wyndham Towers
project was perhaps the first project reviewed by the Division
where two stream classifications, SB and SA waters, influenced
the density requirements of the Stormwater Management Plan. The
Division recognized that densities should be calculated based
upon drainage areas and their respective stream classification.
Based upon this determination, the Division rescinded the
Determination of Compliance on March 16, 1989.
7225 Wrightwille Avenue, Wilmington, N.C. 28403-3696 • Telephone 919-2564161
An Equal Opportunity Affirmative Action Employer
S
Ms. Carole Robinson
May 2, 1989
Page Two
The Stormwater Management Plan was revised and resubmitted
to the Division on March 17, 1989. Following a careful review of
the Plan, a Certification of Compliance was issued April li,
1989. All densities with respect to stream classification, SB
and SA waters, and the areas within close proximity to waters
nominated for Outstanding Resource Waters (ORW) comply with Title
15 NCAC 2H. 1000 et. seq.
Non-Discharge Permit No. WQ0000990 was issued January 31,
1989 to North Topsail Water and Sewer, Inc. to serve the Wyndham
Towers project. The collection sewers and lift station were
reviewed by the Permits and Engineering Unit and the proposed
design was found to be in accordance with Title 15 NCAC 2H. 0200
et. seq. The Wilmington Regional Office recommended approval of
the Non-Discharge Permit on January 4, 1989 baset? upon the
compliance status and remaining hydraulic capacity of North
Topsail Water and Sewer's wastewater treatment and disposal
facility.
The Wilmington Regional office received the LAMA application
for the Wyndham Towers project on December 19, 1988. On February
14, 1989, the Division requested that the Developer, Century 21
By the Sea, provide an alternate proposal which would eliminate
or reduce wetland filling or provide an explanation of why such
reductions were not possible. On April 3, 1989 the Division
received plans indicating no wetland filling, draining or
crossings. Following a careful review, the Wilmington Regional
Office recommended approval of the CAMA Permit to the Operations
Branch in the Central Office. On April 25, 1989, the Division of
Environmental Management stated no objections to the Wyndham
Towers project in a memorandum to the Division of Coastal
Management.
Although the Onslow County Land Use Plan may have more or
less stringent requirements than the Division's rules, our
requirements would govern the conclusions we reach. The
preceding areas of involvement between the Division of
Environmental Management and the Wyndham Towers project have been
reviewed and approved in accordance with current rules and
regulations of the Environmental Management Commission. In
conclusion, let me reemphasize that the Division of Environmental
Management does share your concerns, and we will continue to
exercise our statutory and regulatory authority to protect the
waters of the State.
N. S. l.aL'U_LU tCU1J.L11SU11
May 2, 1989
Page Three
If you have any questions concerning this matter, please
contact me at 919/256-4161.
Sincerely,
Donald Safrit i '
Water Quality Regional Supervisor
DS:trw
cc: Paul Wilms
Steve Tedder
WiRO, CF
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DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
April 25, 1989
M E M O R A N D U M
TO: John Parker
FROM: Bill Mills
SUBJECT: Application for CAMA Permit
The Towers/Century 21 By the Sea
Onslow 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 proposed project should be conducted in such a
way as to not cause turbidity outside of the
immediate construction area to exceed 25 NTU.
C. The revised stormwater plan was approved on April
11, 1989. (copy attached)
We have no objection to the proposed project.
BM/dbp
cc: Preston Howard
MEMORANDUM
DIVISION OF ENVIRONMENTAL MANAGE14ENT
Date: April 6, 1989
To: Bill Mills
Operations Branch
From: James H. Gregson S--tic.
Wilmington Regional Office
Through: Donald Safric ee -'
Wilmington Regional Office
f1 D
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project #
The Towers/Century 21 by the Sea/Dennis K. Mercer
Onslow County
PROJECT DESCRIPTION: The applicants propose to construct two 15
story condominium buildings.
ADJACENT WATER BODY: Atlantic Ocean/Stump Sound
CLASSIFICATION: SB/SA
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. As per the attatched letter dated March 31, 1989 from Dennis
K. Mercer, no wetland filling, draining or crossings are
proposed.
1. The project will not require a 401 Water Quality
certification.
3. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction are
to exceed 25 NTU.
4. The stormwater management plan approved on December 19, 1988
was rescinded. No problem is foreseen in the new plans
submitted.
This office has no objection to the project as proposed.
JHG:trw
cc: DCM - James L. Mercer
WiRO, CF
y 1
r '
BY THE SEA
Box 3000 North Topsail Shores
Sncads Ferry, North Carolina 28160
(919) 328-0302
March 31, 1989
Mr. Jim Gregson
Division of Environmental Management
NCDNRCD
7225 Wrightsville Ave.
Wilmington, NC 28403-3696
Re: Wyndham Towers wetlands
Dear Mr. Gregson;
,: '?
APR
`;fi!-•ir.?tc;n f'egi;:n?'1 r-?trt?a
Wyndham Towers condominium project, developed by Century 21 By The Sea by John N. Starling,
will not contain any wetland filling, no wetland dredging, no wetland crossings nor any other type
of land disturbing activity in any type of wetlands, including Corps "404", CAMA Coastal Wetlands,
and "401 Permit" wetlands.
Sincerely,
Dennis K. Mercer, Landscape Architect
9ifector of Planning, Design & Development
incl. 3 maps t? r
v
Each Office Is Independently Owned And Operated
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
d. Describe the planned use of the project.
Residential development
4 LAND AND WATER
°
CHARACTERISTICS'
1 APPLICANT
a.
b.
a. Name Century 21 By The Sea c,
Address Box 3000 N. Topsail Shores
City Sneads Ferry State NC d.
Zip 28460 Payphone 919-328-0302
Landowner or Authorized agent e.
b. Project name (if any) The Towers
.
f.
c. If the applicant is not the landowner, also give
the owner's name and address. g.
a
{. 2 LOCATION -OF PROPOSED f >;-
PROJECT .`' r . h.
a.
Street address or secondary road number
i.
.
NC 210
b. City, town, community, or landmark
c. County Onslow
d. Is proposed work within city limits or planning
jurisdiction? Onslow County Planning
e. Name of body of water nearest project
Alligator Bay/Stump Sound/Atlantic
Ocean
3 DESCRIPTION AND, PLANNED
USE OF PROPOSED.-PROJECT ' ,
Size of entire tract 12. 2.3 -acres
Size of individual lot(s) _12.23 acres
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum ayg. 88.5
Soil type(s) and texture(s) of tract Sand to
Vegetation on tractmvrtle,,yaupon-yurra
beachgrass ma shelder.live oak.sea oats
Man-made features now on tractol d abandoned
roads (NC 210 & SR 1568) & over poles
What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) High Density
Conservation XR Transitional
Developed Community
Rural Other
How is the tract zoned by local government?
Exist, R-20 & B-2, proposed CU-R-8
How are adjacent waters classified? SA
Has a professional archaeological survey been
carried out for the tract? No
If so, by whom?
`UPLAND DEVELOPMENT "; ''
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed (2) 52 unit, 15 story
residential condominiums = 104 until
b.
a. Describe all development activities you propose c.
(for example, building a home, motel, marina,
bulkhead, or pier).
Construct (2) 15 story condominium d.
buildings with 52 units/b ildin_g and
parking and site -amenities e.
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
New construction
c. Will the project be for community, private, or
commercial use?
Private Residential
?n ?i
Number of lots or parcels 1 parcel
Density (Give the number of residential units
and the units per acre.) 104 units/12, 23 acr.
= 8.78 units/acre
Size of area to be graded or disturbed approx.
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation 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?
Yes
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. Approx. 1.27 cp
. road
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. Asphalt, concrete and
_turfstone
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? YEs
i. Describe proposed sewage disposal and/or waste
water treatment facilities. Sewer service
furnished by North Topsail Water and
Sewer. Inc.
j. Have these facilities received state or local
approval? Yes
k. Describe existing treatment facilities.
N. Topsail Water & Seer, Inc. sewage
treatment plant and spray fields, NC
210. Sneads Ferry. NC 28460
1. Describe location and type of discharges to
waters of the state (for example surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down"). Pool discharge
& sto mwat ono into 404 wetlands
per D.E.M. regiln ions
m. Water supply source Onsl ow County
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access. Public a ss to be
mitaged in area.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? Approx. 22.5
16 EXCAVATIC TAND :FILL'
3
, LNl'OL?1Vlt7?` I;ROt?! d
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
• Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
Upland fill
areas
NA NA NA
+' . NA SSA NA
NA NA NA
160' 40'
No
b. Amount of material to be excavated from
below water level in cubic yards None
c. Type of material NA
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? Na
e. High ground excavation, in cubic yards None
f. Dimensions of spoil disposal area NA
g. Location of spoil disposal area NA
Ii. Do you claim title to the disposal area? NA
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/ NA
If so, where?
j. Does the disposal area include any marshland,
swamoland,'or water areas? No
k. Will the fill material be placed below mean
high water? No
1. Amount of fill in -cubic yards Approx, 370 cy
m. Type of fill material" sandy-Loam
n. Source of fill material TG1 and
o. Will fill material be placed on marsh or other
wetlands? Yes, Wetlands not marsh
p. Dimensions of the wetland to be filled 40' x 190'
q. How will excavated or fill material be kept on
site and erosion controlled? Berms, Silt
Fences and staged construction
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? None for excavation,
bulldozer for fill
s. Will wetlands be crossed in transporting equip-.
ment to the project site? No If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIA`I`IOI
a. Length of bulkhead or riprap None
b. Average distance waterward of mean high water
or normal water level NA
c. Shoreline erosion during preceding 12 months,
in feet 2.0 feet/year average
d. Type of bulkhead material None
e. Amount of fill, in cubic yards, to be placed
below mean high water None
-? r'Tnf iiiI material NA
;d
1 8 ADDITION' '.-'INFORMATION;
In addition to the completed application form, the
following items must be submitted:
yr?
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 for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion 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 8 V2 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings arc 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 the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel 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 com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quirYed by G.S. 113-229(d).
Name ?F. Roger Page
Address P.O. Box 15047
Winston-Salem, NC 27113
Name
Address
Name _
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
None
77Z 7
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
VA,
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed 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 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 ap-
plication and follow-up monitoring of project.
9 This, Usthc Ifilh day ct Oct ber
or Authoriz
Send e completed application mat ria s to the
Dtrisfon of Coastal Management Offi nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
DIVISION OF COASTAL MANAGEMENT *Lat:34129124"N
FIELD INVESTIGATION REPORT Long:7702513411W
1. APPLICANT'S NAME The Towers/Century-21 By-The-Sea/Dennis K. Mercer
2. LOCATION OF PROJECT SITE West Onslow Beach, Atlantic Ocean, at
intersection of Hwy. 210 & 1568, Onslow County; *SEE 1984 AERIAL
PHOTOS, STRIP #25, FRAME 4274 @ P-16; 1978 AERIAL PHOTOS, STRIP
422, FRAME #103 @ C-11
3. INVESTIGATION TYPE: DREDGE & FILL
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 10-28-88
(B) WAS APPLICANT PRESENT YES
NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED November 18, 1988
OFFICE Morehead City
Onslow County
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN 1986 Update
Transition - High
LAND CLASSIFICATION FROM LUP Density/Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP SEE
CAMA SECTION
(B) AEC(S) INVOLVED: OCEAN HAZARD X ESTUARINE SHORELINE
COASTAL WETLANDS X PUBLIC TRUST WATERS
ESTUARINE WATERS OTHER
(C) WATER DEPENDENT: YES NO X
(CONDOMINIUM)
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING NONE
PLANNED North Topsail Water & Sewer Service, Inc.
(F) TYPE OF STRUCTURES: EXISTING NONE
PLANNED twin 15 story condo buildings; 52 units each plus
amenities
DCM Ocean Erosion
(G) ESTIMATED ANNUAL RATE OF EROSION 2' SOURCE Rate Maps
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
Section 404 giant cordgrass
salt meadow hay
salt bushes
(B) NON-VEGETATED WETLANDS:
NONE
(C) OTHER:
highground - beach
l.u,uuu sq.=z
cut & grade
6.4 ac.
(D) TOTAL AREA DISTURBED: Approximatelv 6.5 ac. out of 12.2 ac.
AREA
DREDGED FILLED OTHER
CAMA X (ONLY)
12-7-88
* USGS 7.5 MIN TOPO 'SPICER BAY' N.C. PP. 1971
FIELD INVi IGATION REPORT - THE TOWERS/CENTURY-21 BY-THE-SEA/
DENNIS K. MERCER, ONSLOW COUNTY
PAGE 42
8. PROJI. ? SUMMARY: The applicant proposes to construct two 15
stor}? -.ondominium buildings, with 52 units each, plus parking
lots _th tennis courts, swimming pools, and other
amen:i -es.
9. NARRI- =VE DESCRIPTION: The 12 acre project site is located
on P7e:_ Onslow Beach, just south of the Highway 210 Bridge,
over :--ump Sound, and in Alligator Bay, at the intersection
of SR 1568 leading to North Topsail Island. The property
averac-?2s 800' deep from Hwy. 210 to the Atlantic Ocean where
the sl-.oreline length equals 6001.
There are several noteworthy physical features to the
property. A series of frontal dunes, backed by a ridge of
primary dunes, occupies the first 120' nearest the beach.
The interior of the property is relatively flat, altered by
the o_.d abandoned roadbed to Hwy. 210 and some
pre-construction grading activities. On the north side of
the property, adjacent to Hwy. 210 and SR 1568, there are
two eXtinct pockets of Section 404 wetlands flagged by the
corps of Engineers Field Representative. The marsh pocket
that adjoins SR 1568 has also been designated a Coastal
Wetlands Area of Environmental Concern by the Division of
Coastal Management. The onsite field inspection revealed
that concrete culvert pipe under SR 1568 communicates
abnormally high tidal waters from Alligator Bay to this
other,ise isolated marsh area. The 'SA' surface waters of
Stump Sound and Alligator Bay are part of the recently
G c?,it outstanding resource waters by the Division of
no?c.nafed Envir-_ nmental Management.
The E_:plicant, Century-21 By-The-Sea, is represented by the
corps ate President, Mr. John N. Starling, Jr., and the
Land: ape Architect, Mr. Dennis K. Mercer. The project has
been amed "The Towers", and for the most part, development
on t?. west side of the property will mirror its twin on the
east ide. The project plans show that all construction,
exce; for a pair of pedestrian accessways, will be located
land. rd of the CAMA 120' Ocean Erodible recession line.
This osition also puts the development landward of the
prim y dune line with maximum elevations of 22' and 23'.
In c = to protect and enhance the integrity of the dune
line three areas of repair have been identified. Over the
yea: pedestrian and vehicular traffic have worn pathways
in dunes which make the dune line more susceptible to
W_ erosion, and possible wave overwash during storm
co; ions. The three areas will be filled with similar
match existing contours, and the slopes will be
FIELD INVESTIGATION REPORT - THE TOWERS/CENTURY-21 BY-THE-SEA/
DENNIS K. MERCER, ONSLOW COUNTY
PAGE #3
planted with beach grass. Landward of the CAMA 120'
recession line is the 100 year storm recession line equal to
an additional 140' which compliments the total 260' of the
Ocean Erodible Area of Environmental Concern. It is in this
140' area that the developers plan to locate the twin towers
with parking garages. Each of the 15 story condominium
buildings will measure about 120' long x 60' wide with a
footprint value of 7,200 sq. ft. On the south side of the
buildings, construction will include extensive terraces or
patios that will connect pedestrian traffic with the main
swimming pool and the structural accessways leading to the
open beach. Forward of the proposed terrace, the developers
will cut and grade a pair of stormwater retention ponds
labeled on the workplat drawing as Basin A'and B. On the
north side of the twin towers, a series of driveways will
connect the open parking lots and covered garages with the
main entrances to the buildings. A pair of croquet lawns
and fountains will provide green space as visitors arrive at
the main gate located on Hwy. 210. Each of the partially
enclosed parking garages will measure about 200' long x 100'
wide with a combined footprint value of about 40,000 sq. ft.
The total surface area of the outdoor parking lots will
equal approximately 2 acres.
Adjacent to Hwy. 210 there is a long finger of Section 404
wetlands averaging about 150' wide. In order to gain access
to the oceanfront property, this marsh area must be bridged.
The deeded dimensions of the property preclude access from
an alternate direction. According to the project design,
2400 sq. ft. of wetlands will be filled in connecting the
bridge abutment to the rotary driveway. The proposed
one-lane bridge will measure about 30' wide x 120' long.
Another finger of 1404' wetlands measuring about 190' long x
40' wide must be filled in order to complete the main
driveway. These wetland areas are dominated by salt bushes,
waxed myrtles, bay trees, salt meadow hay and giant
cordgrass. The wetlands are elevated and near the upper
limits of their living space. The developers Sedimentation
and Erosion Control Plan calls for two additional retention
ponds shown as Basins C and D next to the proposed entrance
road. These ponds will be shaped from the highground
adjacent to the wetlands flagged by the COE.
10. ANTICIPATED IMPACTS: The proposed project will enhance the
stability of the frontal and primary dune line by restoring
the three scoured pathways leading across the sensitive 120'
FIELD INVESTIGATION REPORT - THE TOWERS/CENTURY-21 BY-THE-SEA/
DENNIS K. MERCER, ONSLOW COUNTY
PAGE #4
Ocean Erodible AEC. Landward of this first recession line,
the project will intensify with the construction of two
condominium buildings, parking lots, garages and patios.
This will generate an impervious surface area of
approximately 30% of the total 12.2 acres. However, only
6.5 acres of actual land disturbance can be anticipated.
The land disturbance will include four sizeable stormwater
retention ponds, two of which could be sprigged with plant
species conducive to the 1404' environment. This could
increase the nutrient uptake capabilities of the retention
ponds, and also, add a replacement value to the bio-mass for
those wetlands loss in the road construction. A calculated
7,600 sq. ft. of 1404' type wetlands dominated by salt
bushes and waxed myrtles, will be displaced by the entrance
road. The proposed bridge crossing will involve the
additional loss of some 2400 sq. ft. of '404' wetlands where
the abutments meets the highground. The actual 30' wide
bridge crossing the 120' pocket marsh should have no
significant impact on the ecology of this closed system.
LAMA REVIEW: The 1986 Updated Land Use Plan for Onslow
County was consulted in the review of The Towers project.
The Land Classification Map has designated the project site,
along with the majority of West Onslow Beach, as
'Transition' with a sub-classification of 'High Density'.
The definition found on Page 494,of the LUP indicates that
these areas are experiencing rapid growth and are serviced
by municipal water and sewer services.
The Ocean Hazard AEC within the 260' jurisdictional boundary
is generically classified as 'Conservation'. Proposed
construction in these conservation areas appear to be
compatible with the CAMA Use Standards. In addition, no
development constraints were identified in the review of
this Land Use Plan, and therefore, the project appears to be
consistent with the goals and objectives of that document.
PREPARED BY: JAMES L. MERCER
DATE: DECEMBER 15, 1988
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BY THE SEA
Box 3000 North Topsail Shores
Sneads Ferry, North Carolina 28460
(919) 328-0302
March 31, 1989
James L. Mercer, Field Representative III
N.C. Dept. of Nat. Resources & Community Dev.
Office of Coastal Management
Marine Fisheries Building, Room 106
P.O. Box 769, 3411 Arendall Street
Morehead City, NC 28557
Re: Proposed "Wyndham Towers" Condominiums
C.A.M.A. Major Permit
Dear Jim;
d •;
11
APR 0 5
U
?G.?i ?rr?r r s rr r r r----- -••--
ApR A 21959
t V Llv SEC, Oll
r
OPERATION, ,•?•.
am re-submitting Minor revisions of the abovementioned plan. In the previous revision dated
March 17th, 1989, the most important change was the addition of 3.58 acres of oceanfront land 200 feet
wide. The Total Project area is now at 17.86 acres with the same as original 104 units.
The density has decreased from 7.28 unitstacre to 5.82 units/acre. The total Built-Upon Area of the
entire project calculates at ±18.95%; the Built-Upon Area for the watershed draining to "SA" waters is
+24.95%; and the Built-Upon Area for the watershed within 575' of Nominated Outstanding Resource
Waters calculates at ±19.4%.
According to our previous revision date March 171h, and consistant with today's revision, no wetlands
crossing will be made, no wetlands filling will be done; and no wetland dredging will be done.
All the changes enclosed herein reflect the final plans of changes that were requested by DEM Water
Quality Section for the Stormwater Permit from a field meeting that took place on the site on March 301h,
1989. Plans submitted to DEM are identical to both the Master Site Plan and Topographic Plan that I am
sending you.
I am enclosing Twenty (20) copies each of the "Master Site Plan" and "Topographic Plan" for
your use.
Let me know if you need anything else. Thanks Jim.
Sincerely,
?,_i
Dennis K. Mercer, Landscape Architect
Director of Planning & Design
_... .. I _ - ? • _J /1_.....I.-A
MEMORANDUM :
TO : , JOHIT _ PARKER
FROM: JAMES L. MERCE
SUBJECT: MINOR MODIFICATI - CAMA PERMIT REQUEST - CENTURY 21
BY-THE-SEA - PROPOSED "WYNDHAM TOWERS" CONDOMINIUMS,
ONSLOW COUNTY
DATE: APRIL 10, 1989
Mr. Dennis Mercer has generated a final set of revised drawings,
labeled 1L1' and 'L41, dated March 30, 1989. Although Mr.
Mercer's cover letter is self-explanatory, it is important to
note that the revised plans focus on DEM's stormwater concerns
relative to the 575' ORW designation. The revisions are
consistent with other most recent project changes submitted by
Century 21 where the proposed project involves no wetlands
crossing, no filling, and no dredging. These latest blueline
drawings should be reviewed by the appropriate agencies and also
used for distribution should a permit be issued.
JLM/dh
Enclosures
cc: Charles S. Jones
Cliff Winefordner, COE
t
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community
L' eve iopment hereby yivt--s pu:)iic 1tJi il.c by :'•CGS
113A-119(b) and 143-215 3(a)(1)(c) that The Towers/Century 21
By-The-Sea, of Onslow Ccwnty, filed a revised application on
February 3, 1989, for a permit from the Division of Coastal
Management to develop in an Area of Environmental Concern and for
certification from the Division of Environmental Management that
a discharge of fill material in project wetlands will not violate
applicable water quality standards.
According to said application, the applicant has revised his
--- --permit application in order to relocate the entrance way for the
condominium complex to a newly acquired tract of land immediately
adjacent to the proposed condominiums site at the Hwy. 210 and SR
1568 intersection, Topsail Island, Onslow County.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
Jim Mercer, Division of Coastal Management, located in the
Division of Marine Fisheries Building, Morehead City, N.C.,
919/725-7021, at--%:/or the office of L reston Howard, Div` .-,ioi. of
Environmental Management, NRCD Regional Field Office, Wilmington,
N.C., 919/256-4161.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
March 24, 1989. The issuance of the CAMA Major Development
permit and the Section 401 Certification may deviate from this
projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Dr. George Everett, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
March 14, 1989 for consideration in the CAMA permit decision, and
to Mr. Bill Mills, Division of Environmental Management, P.O. Box
27687, Raleigh, N.C., 27611, prior to March 14, 1989 for
consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Monday, February 27, 1989
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community
Development h:.reby gives public notice as required by NCGS
113A-li9(b) and 143-215 3(a)(1)(c) that The Towers/Century 21
By-The-Sea/Dennis K. Mercer, of Onslow County, filed an
application.on November 18, 1988, for a permit from the Division
of Coastal Management to develop in an Area of Environmental
Concern and for certification from the Division of Environmental
Management that a discharge of fill material in project wetlands
will not violate applicable water quality standards.
According to said application, the applicant is proposing to
construct two 15-story condominium buildings with 52 units each,
plus parking lots, tennis courts, swimming pools and other
amenities at West Onslow Beach, at the Hwy. 210 and SR 1568
intersection, Onslow County.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
Jim Mercer, Division of Coastal Management, located in the
Division of Marine Fisheries Building, Morehead City, N.C.,
919/726-7021, and/or the office of Preston Howard, Division of
Environmental Management, NRCD Regional Field Office, Wi1:-.ington,
N.C., 919/256-4161.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
February 4, 1989. The issuance of the LAMA Major Development
permit and the Section 401 Certification may deviate from this
projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Mr. David Owens, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
January 24, 1989 for consideration in the LAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C., 27611, prior to January 24, 1989 for
consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Monday, January 9, 1989
_a
r? f •., v
State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W Cobey, Jr., Secretary Regional Nlana,,er
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 14, 1989
Mr. Dennis K. Mercer
Century 21 By the Sea
Box 3000, N. Topsail Shores
Sneads Ferry, NC 28460
Subject: Proposed Wetland Fill
The Towers
Onslow County
Dear Mr. Mercer:
The Wilmington Regional Office received your CAMA application
on December 19, 1988. A preliminary review indicates that a 401
Water Quality Certification will be required from our division due
to the proposed wetland fill. A 401 certification is required
prior to issuance of a LAMA or 404 permit.
Because of the many essential functions wetlands provide, including
purification of surface and groundwater, any loss of wetlands as
the result of filling activities is viewed by this office as
degradation of water quality, and potentially, a loss of these
essential functions wetlands provide.
Your project, as proposed, will result in the loss of wetland
areas. As a result, this office is requesting the following
additional information. be submitted within 30 days upon receipt of
this letter: an alternate proposal that will eliminate or reduce
the proposed fill in wetland areas; or submit an explanation of why
such reductions are not possible and what mitigating factors we
should consider to insure no net loss of wetlands within the
project area.
ItiECEIVED
FFR 2 ?. 13089
t'??jFp"'-?? QUALITY SECTION
7225 Wrightn?illc rlvcnue, V'iimin;;on, N.C. 28403-3696 • 'Telephone,)'- {II NS 9?,ar!
1., F. I ( L.n, nim n Alft"'no"". A, rU , F'-l.......
v P• r • _
Mr. Dennis K. Mercer
Page 2
Until this office receives your response, your proposal for a 401
Certification will be considered incomplete.
Should you have any questions concerning this matter, please
contact Jim Gregson, Donald Safrit or me at (919) 256-4161.
Sincerely,
A. Preston Howard, Jr., P.E.
Regional Supervisor
APH:JG:cwc
cc: Bill Mills
Chuck Wakild
Jim Herstine
Charles Hollis
John Parker
WiRO, CF
n
ALBERTO J. QUAYAT
1 WILD CAT COVE
WAYNESBORO VA 22900
March 21,1989
Mr. Bill Mills
Division of Environmental Management
P.O.Box 27687
Raleigh NC 27611
Dear Mr. Mills,
(703)942-3445
t"I AR _? 8 i'?P'9
t`MAtir
Re.-Twin Towers,
West Onslow Beach,
Onslow County NC
Ifollow my letter of March 10,1989 with the following com-
ments on the Re.project.
DRAINAGE.-
I enclose map of property showing impervious surfaces in
light brown and wetlands in light blue.
A plain vue at this map makes it quite evident that the im-
pervious surfaces ar considerably more that the 25% claimed
by the applicant. I suggest that as a metter of fact every
single statement by the applicant should be verified and
double checked.
It looks to me the applicant has erroneously included as part
of the pervious surfaces the wetlands within the property.
These lands are the habitat of extensive flora and fauna and
should not be allowed to be the sewage tank of the contamina-
ted runoff that will kill wildlife. Those that do not know
or do not want to know should be remembered that nature placed
these wetlands to balance the ecological system and assure
its existence.
FILL.-
The property present soil-undeveloped-may have the proper
perviousness?ut since the applicant intents to add substantial
fill such fill may not,in all likelyhood,have the properties
of the existing soil and therefore the claimed perviousness
becomes unsubstantiated and untrue.
Accepted professional practice suggests that prior to a fill
operation all organic matter should be removed,that is,all
existing vegetatiom. Vegetation covered by fill will turn
into rotten material that will cave in and structurally en-
danger whatever is above it and constitute a life hazard.
r
-2-
Twin Towers
Pest Onslow Beach
Onslow County ne
GENERAL CONSIDERATIONS.-The purpose of your office is to
assure the environment is protected.You do not deal with
the safety of people. The function of Onslow County is to
examine and approve building drawings,inspect and approve
construction as it progresses and upon completion isscc.!:!'the
final certificate of occupancy. Included in the above is the
enforcement of the North Carolina Building Code and other
applicable building regulations. Past experience indicates
that inspection by county officials at the beach is lax at
best if it does exist at all.
In the presentation/brochure to the county planning board
and the board of commissioners the applicant does not submit
enough information on fire exits nor the all important rise/
tread ratio in the exit stairs. Not a single word is mentioned
about the type of structural frame,exterior walls construction
or materialsato be used that in case of fire may be smoke ge-
nerating andvtremendous damger to the elderly most probably
living in these buildings.
Of particular concern should be the mechanics of-h6 evacuation
process in an emergency. With thousands of living units in
Rt.210 and SR 1568 the vehicular traffic at tnis road junction
will be monumental. It will be impossible for everybody to
leave the beach to save their lives,thousands will be trapped
and very many will drown. No exception will be elderly in
this project trying to reach their cars in bottlenecked park-
ing lots and try to merge into the traffic from the northern
part of the island. And let alone the vehicles coming from
Rt 210 also trying to reach the highrise bridge and out.
The state has no jurisdiction on safety. It is left to the
county,with an absolete and unrealistic emergency planning
that basically tellsthe people leave on time,reach high land
when the county does not even have its: own topographic map
and the instructions cannot be read with a magnifying glass.
This overpopulated and overburdened island is left in 'he
hands of greedy developers and functionally illiterate idiots
that make up the local government.
The hope of people is on you. I strongly recommend this pro-
ject be rejected. Please keep me posted on forthcoming
hearings.
Sincerely
Encl. map
C C' ?5rr'sr2 ?I J<L5;
ARCHITECT
NY LIC. No. 13063
NC LIC. No. 3243
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ALBERTO J. QUAYAT
1 WILD CAT COVE
WAYMSSORO VA 22940
-?c2vt5?a72?.eC2 ?2?
MAR
ATER s<'?}t; Y C)
T
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ARCHITECT
LIC. No. 13063
t?C U0. No. 3243
i
s. .
Alberto J. Quayat
1 Wild Cat Cove
Waynesboro, VA 22980
1.
00 2,
Legal Notices
NOTICE OF FILING OF
APPLICATION FOR
CAMA MAJOR
DEVELOPMENT PERMIT
AND WATER QUALITY
CERTIFICATION
The Department of Natural
Resources and Community
Development herey gives public
notice as required by NCGS
113A-119(b) and 143.215 3(a) (1)
(c) that The Towers/Century 21
By-The-Sea, of Onslow County,
filed a revised application on
February 3, 1989, for a permit
from the Division of Coastal
Management to develop in an
Area of Environmental Concern
and for certification from the Di-
vision of Environmental Man-
agement that a discharge of fill
material in project wetlands will
not violate applicaple water
quality standards.
According to said application,
the applicant has revised his
permit application in order to
relocate the entrance way for the
condominium complex to a newly
acquired tract of land immedi-
ately adjacent to the proposed
condominiums site at the Hwy 210
and SR 1568 intersection, Topsail
Island, Onslow County.
n
A copy of the entire application
and additional information may
be examined (or copies furnished
upon request and payment of
reproduction costs) during nor-
mal business hours at the office of
Jim Mercer, Division of Coastal
Management, located in the Divi-
sion of Marine Fisheries Building,
Morehead City, N.C., 919/726-
7021, and/or the office of Preston
Howard, Division of Environ-
mental Management, NRCD
Regional Field Office, Wilming-
ton, N.C., 919/256.4161.
The Division of Environmental
Management proposes to take
final action on this water quality
certification on or before March
24, 1989. The issuance of the
CAMA Major Development per-
mit and the Section 401 Certifica-
tion may deviate from. this pro-
jected date depending upon the
nature of the comments submit-
ted and subsequent nearings that
may result.
All persons desiring to make
comments should do so in writing
to Dr. George Everett, Director,
Division of Coastal Management,
P.O. Box 27687, Raleigh, N.C.,
27611, prior to March 14, 1989 for
consideration in the CAMA per-
mit decision, and to Mr. Bill
Mills, Division of Environmental
Management, P.O. Box 27687,
Raleigh, N.C., 27611, prior to
March 14, 1989 for consideration
in the water quality certification
decision. Later comments on the
CAMA application will be ac-
cepted and considered up to the
time of permit decision. Project
modifications may occur based
on review and comment by the
public and state and federal
agencies. Notice of the, permit
decision in this matter will be
provided upon request.
Feb. 27, 1989
J I ?tp,?S
27?
C
2- VE -
ST-C
i
NORTH CAROLINA COASTAL FEDERATION
1832 J Bell Lane (Ocean) • NEWPORT, NORTH CAROLINA 28570 • (919) 393-8185
February 17, 1989
Charles Hollis
U.S.'Army Corps of Engineers
P.O.'Box 1890
Wilmington, North Carolina 28402
Re: Towers Condominium Project on Topsail Island, Onslow County
No. CESAW-CO-89-067-0135
Dear Mr. Hollis:
The Towers condominium project on Topsail Island proposes to
fill the upper section of recognized 404 wetlands. According to
the CAMA permit application, the wetland loss would be for
constructing the entrance road. This loss of wetlands is
completely unnecessary since the entrance road can easily be
moved to avoid the wetlands. Since a clear alternative exists,
the proposed loss of wetlands violates the EPA 404(b)(1)
guidelines.
The Coastal Federation strongly supports denial of a 404
permit for any wetland fill for this project. By copy of this
letter we are requesting that DEM deny the water quality
certification as a violation of the antidegradation regulation.
Sincerely,
Jim Kennedy
Environmental Scientist
cc: Bill Mills Ir
pl..
F. B 2 J I %'6"i
kP'l('f E it QUA L1]' SLU 10II
NORTH CAROLINA COASTAL FEDERATION
832 J Bell Lane (Ocean) • NEWPORT, NORTH CAROLINA 28570 • (919) 393-8185
February 17, 1989
Dr. George Everett, Director
Division of Coastal Management
P.O. Box 27687
Raleigh, North Carolina 27611
Re: The Towers High Rise Project on Topsail Island, Onslow
County
Dear George:
The Coastal Federation submits these initial comments on the
proposed project.
Stormwater
The building site drains to Alligator Bay in Stump Sound.
These waters are some of the most valuable, productive waters in
the State. They are (a) Class SA waters open for shellfishing,
(b) primary nursery areas, and (c) nominated by the EMC as
Outstanding Resource Waters. Two creeks from the sound come
under the road through culverts and onto the project site. DEM
staff in Wilmington have confirmed that these are salt water
creeks. Since they are salt water tributaries, they carry the SA
classification and presumably the ORW nomination. These creeks
have considerable open water and salt marsh on the project site.
The permit applicant has attempted to meet the low density
option (25 percent built upon) for stormwater control, which
would comply with the requirements for sites draining to
nominated ORW waters as well as to SA waters. We believe
compliance with the low density option is the appropriate action
for this site.
As shown in the attached submittal to DEM, the project is
claimed to be 24.95 percent built upon; however, we believe this
calculation is incorrect. The application incorrectly includes
areas that drain to the ocean in calculating percent built upon.
The 25 percent criteria applies to areas that drain to shellfish
and nominated ORW waters. Areas which drain to other waters have
different criteria and must be excluded from the calculation --
that is true whether the other areas have greater than 25 percent
built upon or are vacant.
Dr. George Everett
-February 17, 1989
Page 2.
Likewise, the application incorrectly includes the creeks
and salt marsh in the calculation. The built upon criteria apply
to lands draining to SA waters of the State. The waters of the
State clearly cannot be considered as potentially buildable area
in making this calculation.
Based on a rough estimate from the blue print, I believe the
proposed project has more like 50 to 60 percent built upon.area
if properly calculated. It should be noted that the DEM
stormwater form strongly invites the kind of mistake made in this
application, so it might be useful if you encouraged DEM to
develop a more clear form.
Obviously, if the plan is modified to include engineered
stormwater controls or some other proposed solution to the
stormwater issue, that would be a significant modification that
should have new plans and public notice.
Land Use Plan
The Division of Coastal Management has responsibility for
oversight of the local land use plans. The CRC must approve the
land use plans and the Division must assure that CAMA permits
comply with the land use plans. In some cases the local
government may consider a project to comply with the land use
plan, but the Division in its oversight role determines that the
project does not comply with the approved plan and the intent of
CRC guidelines for land use planning. This happened recently
with the Broad Reach marina permit.
The proposed Towers project is also inconsistent with the
County land use plan. The buildings would be in the federal.
flood insurance zone and ocean hazard AEC, which are both
classified as "Conservation" in the 1986 Onslow County Land Use
Plan (page 95). The CAMA field investigation report notes that
the buildings would be in the conservation classification.
The approved land use plan states (page 93) that only low
density residential development is allowed in the Conservation
classification. In addition, the proposed project is clearly
inconsistent with the State guidelines for the conservation land
use classification. Two 15 story high rise buildings on a 12
acre site is not development "in an extremely limited and
cautious fashion" (15 NCAC 7B .0204(d)(5)). As in the Broad
Reach case, the State should force the county to abide by the
land use plan and require formal change, with public
participation and CRC approval, if the county wants to deviate
from the recently approved plan.
Dr..George Everett
'February 17, 1989
Page 3.
Wetlands
The proposed entrance driveway would require filling the
upper section of a 404 wetland just oceanward of the guardhouse.
Since the applicant clearly has the alternative of simply moving
the entrance road out of the wetland, this plan does not comply
with the EPA 404(b)(1) guidelines for filling. Wetlands are
waters of the State (15 NCAC 2H .0125(h)). Removing the use of
wetlands (i.e., filling) is inconsistent with the antidegradation
requirement and therefore a violation of water quality standards
and CAMA rule 7H .0601, unless the filling is in accordance with
the intent of the Clean Water Act as specified in the 404(b)(1)
guidelines.
According to the CAMA field investigation report, the
affected wetlands are dominated by salt bushes, salt meadow hay
and giant cordgrass, among others. There is no explanation for
why the proposed fill area is not recognized as coastal wetlands
or marsh under CAMA jurisdiction -- which would also require that
the road be moved out of the wetland. If the wetland is not
considered as CAMA wetlands or marsh, please send me an
explanation.
Since relocating the entrance road is a proposed solution to
a problem that makes the project otherwise not permitable and
will likely alter the critical percent built upon, such a
modification should be considered a significant change that
requires a new set of plans and public notice.
Thank you for carefully considering these comments.
Sincerely,
Jim Kennedy
Environmental Scientist
s-
TORTH CAROLINA COASTAL FEDERATION
832 J Bell Lane (Ocean) • NEWPORT, NORTH CAROLINA 28570 • (919) 393-8185
February 17, 1989
Charles Hollis
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
Re: Towers Condominium Project on Topsail Island, Onslow County
No. CESAW-CO-89-067-0135
Dear Mr. Hollis:
The Towers condominium project on Topsail Island proposes to
fill the upper section of recognized 404 wetlands. According to
the CAMA permit application, the wetland loss would be for
constructing the entrance road. This loss of wetlands is
completely unnecessary since the entrance road can easily be
moved to avoid the wetlands. Since a clear alternative exists,
the proposed loss of wetlands violates the EPA 404(b)(1)
guidelines.
The Coastal Federation strongly supports denial of a 404
permit for any wetland fill for this project. By copy of this
letter we are requesting that DEM deny the water quality
certification as a violation of the antidegradation regulation.
Sincerely,
Jim Kennedy
Environmental Scientist
cc: Bill Mills
R E C V
FEB 2 2. I m
WATER QUALITY SECTIOrd
OPERA hONS pjl N,pJCH
l
NORTH CAROLINA COASTAL FEDERATION
832 J Bell Lane (Ocean) • NEWPORT, NORTH CAROLINA 28570 • (919) 393-8185
February 17, 1989
Dr. George Everett, Director
Division of Coastal Management
P.O. Box 276B7
Raleigh, North Carolina 27611
Re: The Towers High Rise Project on Topsail Island, Onslow
County
Dear George:
The Coastal Federation submits these initial comments on the
proposed project.
tormwater
The building site drains to Alligator Bay in Stump Sound.
These waters are some of the most valuable, productive waters in
the State. They are (a) Class SA waters open for shellfishing,
(b) primary nursery areas, and (c) nominated by the EMC as
Outstanding Resource Waters. Two creeks from the sound come
under the road through culverts and onto the project site. DEM
staff in Wilmington have confirmed that these are salt water
creeks. Since they are salt water tributaries, they carry the SA
classification and presumably the ORW nomination. These creeks
have considerable open water and salt marsh on the project site.
The permit applicant has attempted to meet the low density
option (25 percent built upon) for stormwater control, which
would comply with the requirements for sites draining to
nominated ORW waters as well as to SA waters. We believe
compliance with the low density option is the appropriate action
for this site.
As shown in the attached submittal to DEM, the project is
claimed to be 24.95 percent built upon; however, we believe this
calculation is incorrect. The application incorrectly includes
areas that drain to the ocean in calculating percent built upon.
The 25 percent criteria applies to areas that drain to shellfish
and nominated ORW waters. Areas which drain to other waters have
different criteria and must be excluded from the calculation --
that is true whether the other areas have greater than 25 percent
built upon or are vacant.
1 Dr.,George Everett
February 17, 1989
Page 2.
Likewise, the application incorrectly includes the creeks
and salt marsh in the calculation. The built upon criteria apply
to lands draining to SA waters of the State. The waters of the
State clearly cannot be considered as potentially buildable area
in making this calculation.
Based on a rough estimate from the blue print, I believe the
proposed project has more like 50 to 60 percent built upon area
if properly calculated. It should be noted that the DEN
stormwater form strongly invites the kind of mistake made in this
application, so it might be useful if you encouraged DEN to
develop a more clear form.
Obviously, if the plan is modified to include engineered
stormwater controls or some other proposed solution to the
stormwater issue, that would be a significant modification that
should have new plans and public notice.
Land Use Plan
The Division of Coastal Management has responsibility for
oversight of the local land use plans. The CRC must approve the
land use plans and the Division must assure that CANA permits
comply with the land use plans. In some cases the local
government may consider a project to comply with the land use
plan, but the Division in its oversight role determines that the
project does not comply with the approved plan and the intent of
CRC guidelines for land use planning. This happened recently
with the Broad Reach marina permit.
The proposed Towers project is also inconsistent with the
County land use plan. The buildings would be in the federal.
flood insurance zone and ocean hazard AEC, which are both
classified as "Conservation" in the 1986 Onslow County Land Use
Plan (page 95). The CAMA field investigation report notes that
the buildings would be in the conservation classification.
The approved land use plan states (page 93) that only low
density residential development is allowed in the Conservation
classification. In addition, the proposed project is clearly
inconsistent with the State guidelines for the conservation land
use classification. Two 15 story high rise buildings on a 12
acre site is not development "in an extremely limited and
cautious fashion" (15 NCAC 7B .0204(d)(5)). As in the Broad
Reach case, the State should force the county to abide by the
land use plan and require formal change, with public
participation and CRC approval, if the county wants to deviate
from the recently approved plan.
Dr.-George Everett
February 17, 1989
Page 3.
Wetlands
The proposed entrance driveway would require filling the
upper section of a 404 wetland just oceanward of the guardhouse.
Since the applicant clearly has the alternative of simply moving
the entrance road out of the wetland, this plan does not comply
with the EPA 404(b)(1) guidelines for filling. Wetlands are
waters of the State (15 NCAC 2H .0125(h)). Removing the use of
wetlands (i.e., filling) is inconsistent with the antidegradation
requirement and therefore a violation of water quality standards
and CAMA rule 7H .0601, unless the filling is in accordance with
the intent of the Clean Water Act as specified in the 404(b)(1)
guidelines.
According to the CAMA field investigation report, the
affected wetlands are dominated by salt bushes, salt meadow hay
and giant cordgrass, among others. There is no explanation for
why the proposed fill area is not recognized as coastal wetlands
or marsh under CAMA jurisdiction -- which would also require that
the road be moved out of the wetland. If the wetland is not
considered as CAMA wetlands or marsh, please send me an
explanation.
Since relocating the entrance road is a proposed solution to
a problem that makes the project otherwise not permitable and
will likely alter the critical percent built upon, such a
modification should be considered a significant change that
requires a new set of plans and public notice.
Thank you for carefully considering these comments.
Sincerely,
J ?
Jim Kennedy
Environmental Scientist
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Submittal Form for Projects Using Density Limits
titrnwate?
?' • "' fll) `
Control 1 1
5 11
PROJECT DATA ri ?? 5 19 8U
Name of Project:
11
The
-(QV rERS
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D LE
f r ?H,07
Location (County, Township/Municipality, Address): ? t-Fine lVliersz
f`1G210 ?' ?R IsGa V?ESf )y1S(ow Bedell, r15(ow CD 1 !G
Applicant Name: ,ENTUKY ?2-1 F3Y THF_ SEA
Mailing Address: t3OY 3000 . TO SF.(L -,(-{ORES
sN?Abs FERRY c_- 2846o
Phone No.: q ? - 32 e? - 0 34 2
Submittal Date: Dec_ 1+ , 1??8 oHiAlkizUcA
Brief Description (include map and appropriate drawings):
z) s sf o r sz U vi t- u' la i a s LuxurLA
esic?evr}-i 1 ?o U ?s
if o 2,z3 0_te5 n ??`J G2?0 ?, SR (SZf7 D 1Klet5?? i
Water Body Receiving Stormwater Runoff:
Name of Water Body: f vVA So Li ltd vii N1L)Sk Pot5-'? 2,Alli a-/-Ur ,
Classification of Water Body: ?SSV?M ) Sh 1
Total Area of Proposed Project (acres): 2,23 c,
0111
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks) X =9-f5
CAMA Major X Sedimendation and Erosion Control
404 Permit X DEM/DHS Sewage Disposal X
Other (specify) : k ?? De• a? (nsvnc?
CALCULATION OF BUILT-UPON AREA
(Built-upon area means that portion of an individual development
that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, etc. but
not including decking.)
a) Built-upon area: ?3, DE? 7Nc , C132,°12C? S -?
b) Total project area: 12.23 ?? C ??z?-73? s•F.}
% built-upon = built-upon / total project area * 100
% built-upon area = 24.5 %
If the water body receiving stormwater runoff is classified as
SA, is the % built-upon area < 250? Yes ? No
If the water body receiving stormwater runoff is classified other
than SA, is the % built-upon area < 30%? Yes ? No
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes ? No
(Grassed-line swales should have a side slope of 3:1 (H:V) or
less.)
f : +NIA .
BUFFER AREA
Is the built-upon area at least 30 feet from mean high water of
all surface waters? Yes ? No
If no, please provide a detailed description.
(Note: Only boat ramps, public roads, public bridges and
walkways to water related facilities are allowed within.30 feet
of mean high water if the project is intended to meet stormwater
control requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that
subdivisions maintain the development consistent with the plans
and specifications approved by the division and include the State
as a beneficiary of the restrictions? Yes ? No
(Include a copy of the restrictions and covenants with this
form.)
CERTIFICATION
I, [D?fhV1*is {?, Me-rc-i?--r , certify that the information
included on this submittal form is correct, that the project will
be constructed in conformance with this information, and that to
the best of my knowledge, the proposed project complies with the
requriement of 15 NCAC 2H.1003 (b). rl?o" gnature-Owner or Ae_nt Date
GF_!KTuFK`f 2I 5'r -THE SEA G
Fix 3D00 ?A -ro PSAIL SHORES
Address
If agent, please list owner's name and address below:
-Jo k V1 N . st-n l ? vt ? T?J r. , 0 w
6?vrf vrjz? -?2 t
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN-OFF
Regional office ??-
15
Date Individual EvaluatingForms/Plant
Date Regional Water- Quality Supervisor
cc: Applican?_-/Region/Mills/CF
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Sir.
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CHARLOTTE C. LEVINE, M.D.
ROUTE #2, BOX 436
SNEAD'S FERRY, NC 28460 USA
TEL: (919) 327-3615
190-19
DMill
i IVISion of Eril':licrrlrrlenti?l i'li?ri5gerrletlt r :.
: loigh , -N.?=. ?7? 11 JAN 3 ii89
flVA EIR QUALITY SECT1011
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f ?
CHARLOTTE C. LEVINE, M.D.
ROUTE #2, BOX 436
SNEAD'S FERRY, NC 28460 USA
TEL: (919)327-3615
The fire arrd rescue people are trult, .;t,pprehensive about handling
erneroencies there. This is a geographic =:red ,.,,here inspection of such,
buildings has never been done. Who is qualified to inspect? Even if self
contained fire sprinVers systet-n:are provided, ;,+ho ,^rill train the local
firemen in their use? We have no equipment to reach above a fe%y floors.
The last large building had i'vater in its s%,.,it-nt-nirig peal but the fire trucks
had no dccess to the pooi. Serious itwolvenient of the firemen at the
planning level must occur. i understand that it lids not.
The offshore isiar,u;_ ,ar _ ,arrrUs for„ r.:-sc.r. s at a, not high
rises. Getting pooh}e out of Such br-rlldirig:s and off the island in bad
weather is a big CariC?rn. The stiei'et- at D1?CGh SCiioOl ?Vauld be sorely
stressed by an additional 300 personas. Are the developers considering that
tiffany of these units +ill be inhabited by retirees ;,iihose physical self
EnAfficiencu might be Compromisoo? Fifteen stories and a povier failure
can ne life threatening.
Finally, there is nothing anyone can d to trill:e a nlgn rise
"beautiful" to people r,+no truly lore the Uninter-'_r Od vista of the sunrise
ratifier than a big city skyline. This Xquisite and fragile coast `;Pill be
gone. The `t,+ay of life of the fishermen +il} be gone. There %,t ll be nothing
unique left.
An earl ior survey of local apinion c}earl y established that the
?arlence, granted by the county conirhissioners to permit this high density
building, 'YVolrld not have been granted if the people wiUA n tern miles of the
project had been permitted to 'dote upon it.
Sincerely,
CG/
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Sneads Ferry, - 28 60
January 19, 1989
1'r. rill Tills
Division of Environmental I:ana,ement
.C . Lox 27637
Raleigh, :C 27611
Dear :r. Lills :
?,e are writin- to urge you to deny the issuance of the CAI'.l-
per alt and section 401 certification in re tard to the application of
The Towers/Century 21 Ey-the-Sea/Dennis K. i'ercer of Cnslow
County.
The excavation, fill, construction and eventual occupancy of these
structures will seriously effect the water quality of Stump Sound,
an area under consideration for CR',J desi-nation as an outstandins
fish habitat and fishery. The construction of The Towers is not
co i;patibl,., with the increased envi ron ontal protection of OR".
This application should be at least delayed until action on
idCAC proposal for CFti'.'O'-A C overlay, specifically under section
.&502 a. U: b. as noted in Evan z-runson' s I'e.morandum dated
Sept. G, 1S'38 is finalized.
Is a further con ent,
proposed Towers deve
congestion and deter
emergency.
the increased density resulting- from tills
lo_r)ment will additionally ir_lpact traffic
safe evacuation in the event of a coastal
Large numbers of the public are deeply concerned o-,rer many
aspects of tl.is project. We call upon you to act in the public
interest in t ai s matter.
Sincerely yours,
Keith c Carole Robinson
JAN 2 a X969
V,IAIER QUALITY SECiIP
(,PERA'fIQNa M3ANCH
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Jan 18, 1989
I..r. Bill Nills
Division of Environmental b'.anaF-ea:ent
1-0 Box 27687
Raleigh, ii.C. 27611
Dear Sir:
These comments are in opposition to the Towers/Century 21 By-The-Sea/
Dennis K. Mercer development proposed for West Onslow Beach, Onslow County.
Without recourse to narrow, technical objections, I oppose this develop-
ment on the broad, general issues of coastal,area management.
Whereas the State has legislated protection for fragile coastal areas,
and Onslow County's Land Use Plan has rubber-stamped those standards, each
new development of this nature augments the surge toward total high density/
high rise usage of this, the most fragile area of the entire county.
The couhty Land Use Plan boringly reiterates statements to the effect
that it is county policy to implement State and Federal land use programs.
Accordingly, this proposed development is a clear-cut challenge to the
State:
(1) Does this twin high rise development conform to the tenets of
Coastal Area Management?
(2) And if so, can the same be said for the next, and the next, and
the next similar development that surely will be proposed for West
Onslow Beach?
Although the current county Land Use Plan asserts that, "Ocean Beaches
and Shore Lines . . . must be preserved to the greatest extent feasible ."
(P• 32,33), the record of variances, re-zoning, and construction permits
granted since 1979 by Onslow County clearly indicates just the opposite is
happening.
Just what sort of Coastal Area Management is going on here in Onslow?
Is the State powerless, or just disinclined, to intercede?
Is not this an opportune occasion to reassert the aspirations of
Coastal Area Management?
Sincerely,
D. A. Clemente E I VE D '
JAN 2 11a89
MATER QUALITY SECTION'
OPERATIONS BRANCH
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