19890080 Ver 1_Complete File_19890101

M swt o?
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor August 15, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
MEMORANDUM
'I'CJ: Joh Parker ?,'?
FROM: 11 Millsdaill))M?
SUBJECT: Application for CAMA Permit
Dolphin Bay Homeowners Association
New Hanover County
The Subject application has been reviewed for water quality
impacts and the following comments are offered:
a) The proposed project does require a 401 Water Quality
Certification but meets the requirements of General
Certification No. 1273 for the discharge of liquid
effluent from upland diked disposal areas.
b) The dredging proposed for the new basin presents a very
real problem from the standpoint of water quality
standards for the protection of existing uses. The loss
of 20,000 cubic yards of productive bottom material and
the loss of 135,400 square feet of primary nursery area
as a result of dredging for the new docks are
inconsistent with the Antidegradation Statement of the
Water Quality Standards.
Since the project would result in a loss of use of this area,
we recommend that the permit be denied.
BM/kls
Dolphin. tnem/D-2
cc: Preston Howard
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF ENVIRONMENTAL I•IANAGE14ENT
MEMORANDUM
Date: June 7, 1989
To: Bill Mills
Operations B -anch
From: Donald Safr t-a?James H. Gregson D? C
Wilmington Regional Office
Through: Preston Howard
Wilmington Regional Offi
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??-;y
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8906-C
Dolphin Bay Homeowners Association
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to relocate the
Dolphin Bay Community dock 70' landward of its present location.
The area around the new dock area is to be dredged and a
breakwater constructed at the location of the existing docks.
ADJACENT WATER BODY: AIWW / Myrtle Grove Sound
CLASSIFICATION: SA STATUS: Closed
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project as proposed will result in the loss of 20,700
cu. yds. of productive bottom from 135,400 sq. ft. of primary
nursery area as a result of the dredging around the new docks.
The dredging of this area would eliminate the existing use of
these waters as a primary nursery area and would be inconsistent
with the Antidegradation Statement of the Environmental
Management Commission's Water Quality Standards, therefore, this
office is recommending denial of the 401 certification.
JHG:trw
cc: DCM - Tere Barrett
WiRO, CF
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Dolphin Bay Homeowners Association
2. Location of project site Adjacent to AIW14 in Myrtle Grove Sound, New Hanover
Countv New Photo 17-213 GRID 17-N. 18M. N
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 3/27/89
(B) Was applicant present No
5. Processing procedure: Application received 5/12/89 Office Wilmington
6. Site description: (A) Local Land Use Plan New Hanover County
Land Classification from LUP Conservation
Development constraints identified in LUP Water
dependent uses
(B) ADC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands Public Trust Waters X
Estuarine Waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Community X
(E) Type of waste water treatment: Existing N/A
Planned N/A
Commercial
(F) Type of structures: Existing Residentail Homes, pier, docks
Planned N/A
(G) Estimated annual rate of erosion N/A Source
7. Habitat description: AREA
(A) Vegetated wetlands:
Dredged Filled Other
(B) Non-vegetated wetlands:
(C) Other:
Bottom
(20,700 cu. yd)
135,400 sf 1,040 sf
(D) Total Area Disturbed: 135,400 sf 1,040 sf
8. Project Summary Applicant proposes to relocate the Dolphin Bay Community dock
70' landward of its present location; approximately 20,700 cubic yards of
bottom are to be dredged around the docking area. Also proposed is some
maintenance work to the docks, and the construction of a breakwater svstem.
Dolphin Bay Homeowners Association
Page Two
9. Project Description:
This project is located adjacent to the AIVA4 (Myrtle Grove Sound) just south of
Carolina Beach Inlet, at the Dolphin Bay Marina on US 421 in New Hanover
County. The 50 acre tract of land is presently a residential community,
consisting of individual lots 1/3 to 1/2 acre in size. The average elevation
of the tract, according to the applicant is +6-8' MSL.
There is an existing pier, approximately 458' long, to a fixed dock; system.
There are currently 96 slips along this dock. The dock extends north and south
of the pier and a gazebo, with the northern wing angling slightly eastward.
This watermost point of the project is 125' from the near edge of the federally
maintained channel. The pier and docks were permitted under CAMA minor permit
# 81-45 in 1981, by New Hanover County. This permit allowed for a pier, 304'
in length, to a perpendicular dock system, 520 in length, consisting of 65
slips. A modification was permitted in 1982 to add 380' of docks. It was
stated in the original permit and on the modification that no dredging could
take place. There is no documentation explaining the disrepency of 154'
between the permitted pier and that actually constructed.
The waters of the AIVA4 at this point in Myrtle Grove Sound are classified SA by
Division of Environmental Management. The area is designated a primary nursery
area by the Division of Marine Fisheries, and is closed to shellfishing. The
body of water averages approximately 880' across at the project site, with.
narrowest point being approximately 750' across. This area is classified-
conservation by New Hanover County.
The applicant has proposed to relocate the entire docking system approximately
70' landward of its current landward most point. This would place the docks
approximately 248' from the near edge of the channel. A breakwater system is
proposed waterward of the docks, and north and south of the docks. This
breakwater system would be aligned along the current dock alignment or 178'
from the near edge of the federally maintained channel. This would place the
most waterward point at 480' across the water (the location of the waterward
edge of the present docks). There is new dredging proposed around the docks,
for an area 156' x 750' or 117,000 sf, with two access channels on each side,
230' in length by 40' in width, or 18,400 sf. All of the dredging is proposed
to -6' MLW.
The project as initially proposed was to place the breakwater approximately 50'
waterward of the current docks. The docks presently exceed the 1/3 rule by an
average of 208'. The original proposal would have placed the breakwater 258'
excess of the 1/3 rule (272' is 1/3 of the distance across this body of water).
The applicant agreed to amend his proposal to pull the docks landward 70' and
place the breakwater in the place of the existing docks. By doing this he will
still exceed 1/3 by 208', but by no farther than that of the existing project.
Dolphin Bay Homeowners Association
Page Three
The breakwater will follow the plan shown on the bluelines as type B. This
would consist of 3 separate sections. The section on the north side would be
80 feet in length. This section would be positioned east to west at the north
end of the docks. The watermost breakwater is proposed running north to south
at 880' in length. This is parallel to the docks, and to the east of them.
Again on the south side is another 80' section, running east to west. This
comprises a total of 1040 linear feet of breakwater system. The breakwater
would be approximately l' wide. The structure is to rise to 7' above mean high
water. Pilings will be placed 8' apart. Along the front of the pilings 4" x
12" boards will be positioned perpendicular to the pilings. These boards will
have 6" spaces between them to allow for water flow, and prevent stagnation and
water degradation. The north section of the docks will be pulled back in line
with the south side. This entire docking system will then be realigned 70 feet
landward of their present location or to the north and south of the present
gazebo. This new alignment will position the docks 380' into the body of
water.
There is maintenance work planned on the dock system. This consists of the
replacement of 11 existing or missing foam floats; the replacement of corroded
wood or eyebolts and pins in 31 various locations; repair or replacement of 13
hoops on guide piles; replacement of 24 sf of timber decking; the addition of 8
new pilings; and the construction of 3 new finger piers. The final product
will not increase the dimensions of the docks. The actual number of slips will
be reduced from 96 to 94.
The application also calls for dredging approximately 20,700 cubic yards of
bottom material from Myrtle Grove Sound. This dredging is to take place around
the docks for a width of 156' and a length of 750', or a total of 117,000
square feet. There would be an access channel on either side, each 230' in
length and 40' in width. This is a total of 18,400 square feet. All the
dredging is proposed to a depth of -6' mlw. The applicant requested proof from
the Division of Marine Fisheries that the area is actually serving in the
capacity of a primary nursery area. Fritz Rohde of the Division of Marine
Fisheries did visit the site, and through his sampling determined that the area
is indeed an active primary nursery area. The results are enclosed. There is
no marsh vegetation in the area proposed for dredging. The dredging is to be
accomplished by the use of hydraulic dredge and piped to the spoil disposal
area. A total of 20,700 cubic yards are to be excavated. The spoil is to be
placed on the southside of an existing US Army Corps spoil island adjacent to
the Carolina Beach Inlet. This area has been approved for use by Barry
Holiday, Chief of the Navigation Branch with the US Army Corps of Engineers
(letter on file).
A dike is to be constructed to contain the fill. The base of the dike is
proposed at 8' wide, with a top width of 4'. The structure is proposed to be a
minimum of 8' in height. There will be an effluent control structure to
allow for settling of suspended solids and return of water through the effluent
pipe to the MLW line of the AIWW. The size of the spoil area will be
approximately 120,000 sf or 35,555 cubic yards.
The intended use of this project is to serve the residential community of
Dolphin Bay.
Dolphin Bay Homeowners Association
Page Four
10. Potential Impacts:
There will be a loss of 20,700 cubic yards (or 135,400 s.f.) of productive
bottom material from a primary nursery area. There will be an actual area of
1,040 sf encompassed by the breakwater system. There will be no additional
public trust waters encompassed by the breakwater due to the fact that the
proposed area is currently occupied by the present dock system. The area in
which the docks are proposed for relocation is currently behind the docks, and
not available for public use.
Submitted by: Tere Barrett
Office: Wilmington Regional Office
Date: May 25, 1989

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Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 Applicant
DOLPHIN BAY HOMEO'riNERS ASSOCIATION
a. Name C/O MS. LANA WI HNEBERGER , PRESIDENT
Address 7200 SEA ROBIN COURT
City WILMINGTON State N. C.
Zip 28403 Day phone [phone]
Landowner or X Authorized agent
b. Project name (if any) DOLPH I N BAY MAR I NA
REHABILITATION PROJECT
c. If the applicant is not the landowner, also give the
owner's name and address.
2 Location of Proposed Project
a. Street address or secondary road number
CAROLINA BEACH ROAD - U. S. 421
b. City, town, community, or landmark
WILMINGTON, N. C.
C. County NEW HANOVER
d. Is proposed work within city limits or planning
jurisdiction? NO
e. Name of body of water nearest project
ATLANTIC INTRACOASTAL WATERWAY (AIW,,q) (MYRTLE
GROVE SOUND)
3 Description and Planned Use
_.._ of Proposed Project
a. Describe all development activities you propose (for
example, bu, i a home, motel, marina, bulkhead,
- or pier). DREDGING, REHABILITATION AN
REPAIR OF EXISTING MARINA. CONSTRUCTION OF NEW
If you plan to build a marina, also complete and
attach Form DCti1-2'yfP-2. -
b. Is the proposed activity maintenance of an
existing project, new wor'r:, or both?
BOTH
c. Will the project be_ for community, private, or
commercial use?
Ff?f A4?E (-_ o n ?., '.) o ,Ty ?` ??
d. Describe the planned use of the project.
BOAT DOCKS AND MOORING SYSTEM FOR HOMEO'NNERS OF
DOLPHIN BAY DEVELOPMENT
4 Land and Water Characteristics
a. Size of entire tract ±50 ACRES
b. Size of individual lot(s) 1/3 TO 1/2 ACRE
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+6' TO 8' MSL
d. - Soil type(s) and texture(s) of tract
SANDY WITH ORGANIC OVERLAY
e. Vegetation on tract GRASS, TREES, SCRUB GROWTH
f. Man-made features now on tract PRIVATE HOMES
g. What is the CAIMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
_,K- Conservation Transitional
F4DJ _ Developed Community
Rural Other
h. How is the tract zoned by local government?
SINGLE FAMILY HOUSING
i. How are adjacent waters classified?
(SOUTH OF CAROLINA BEACH INLET NEAR SNOWS CUT)
j. Has a professional archaeological survey been
carried out for the tract? If so, by whpm?
N/A
WAVE BREAKWATER SYSTEM.
5 Upland Development
Complete this section if the project includes any land
development. NSA
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation coni=ol plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
• water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 Excavation and Fill Information
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Adcess channel
(MI.NV) or (NWI.)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill areas (DREDGE SPOIL
AREA)
b. Amount of material to be excavated from below
water level in cubic yards y20, 700
c. Type of material SAND AND SILT
Length Width Deuth
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
N/A
(2)
230' 40' -6.0'
750' I 155' -6.0'

sso' 1.0' -8.0'
I DIt
0 0

600 280
f. Dimensions of spoil disposal area
APPROXIMATELY 600' X 200'
c. Shoreline erosion during preceding 12 months, in
feet
g. Location of spoil disposal area EXISTING SPOIL d. Type of bulkhead material
ISLANDS, SOUTH SHOULDER OF CAROLINA PEACH IHLrT
h. Do you claim title to the disposal area? NO
If not, attach a letter granting permission from the
owner. BY PERMIT APPLICATION TO USAED/WILMINGTON
i.
Will a disposal area be available for future
maintenance? YES
If so, where? SAME
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 - is
m. Type of fill material SAND W I TH SOME S I LT
n. Source of fill mater]?l DREDGE SPO I
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
8 Additional Information
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state, application only) or other
instrument under which the applicant claims title to the
affectedprupeny. 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. (Referto Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled?
HYDRAULIC PIPELINE DREDGE; SPOIL AREA DIKES
WITH EFFLUENT CONTROL 'HEIR
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? HYDRAULIC DREDGE;-BULL-DOZER
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 Shoreline Stabilization N/A
a. Length of bulkhead or riprap
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 pan
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 should be advised by the applicant of that op-
portunity.
b. Average distance water-ward of mean high water or
normal water level
Name
Address
Name
Address
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
perminee, and issuing dates.
USAED/WILMINGTON; SAWCO 82-N-065-0078 (1 APRIL 1982)
CAMA 111HOR PERMIT #81-45 (13 Jan. 1982)
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 the day of Apr-1 j 19
X
Landowner or Authorized agent
PRESIDENT, DOLPHIN BAY HOMEOWNERS ASSOCIATION
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JPOSED RENOVATIONS
DOLPHIN BAY MARINA
DOLPHIN BAY HOMEOWNERS ASSOC.
7200 SEA ROBIN COURT
WILMINGTON, N.C. 28403
__APPLICATION
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7200 SEA ROBIN COURT
YlILMINGTON, N.C. 28403
APPLICATION BY:
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7200 SEA ROBIN COURT
WILMINGTON, N.C. 29403
APPLICATION BY:
HENRY VON OESEN 8 ASSOCIATES
CoNSuI_TINa ENGINEERS 8 ?LANNERS
WILMINGTON, NORTH CAROLINA 274OZ
SHT. 4. OF S DATE: QrG'BS
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FE05e12 APRIL, 87
PROPOSED RENOVATIONS
OF DOLPHIN BAY MARINA
DOLPHIN BAY HOMEOWNERS ASSOC.
7200 SEA ROBIN COURT
WILMINGTON, N.C. 28403
APPLICATION BY:
® HENRY VCN OESEN a ASSOCIATES
CONSULTING ENGINEERS a PLANNERS
WIL. AINGTON, MOATM CAACLINA 28402
SHT. 5 OF 5 DATE: ??G. 88
?? ? STAT^ v
State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF MARINE FISHERIES
April 26, 1989
Mr. Paul S. Denison
Henry von Oesen and Associates
Post Office Drawer 2087
Wilmington, North Carolina 28401
Dear Mr. Denison:
Bob Jamieson
Regional Manager
A fisheries resources survey was conducted at Dolphin Barr Marina per your
request of 12 April 1989.
The area of concern, is a fully functioning primary nursery area as defined in
our regulations, "... those areas in the estuarine system where initial post-larval
development takes place." Sampling was conducted on 18 April 1989 with a 10 ft. x
4 ft. , 1/8 inch mesh seine. Four 15 yard pulls were made, three b the
and one in a boat slip. All postlarval orgnisms were y gazebo,
fishes were released. Attached is the result of oure sampling uveThesendresdults
support this area's designation as a primary nursery area.
Sincerely,
Fred C. Rohde
Marine Fisheries Biology Supervisor
FCR/sfc
Enclosure
7225 Wrightsville Avenuc, V/d,11ingnon, N.C. 28503-3696 • Telephone [phone]
An Equal Opportunity Affirmative Action Lmolover
Dolphin Bay Marina
4/18/89
Postlarval Forms
Spot - 541 (less than 1 inch in length)
Atlantic menhaden - 63 (approximately 1 inch in length)
Flounder - 3 (approximately 0.5 inch in length)
Tonguefish - 5
Juveniles and Adults
Blue crab - 2
Shore shrimp - 28
Spot - 6
Pinfish - 9
Bay anchovy - 30
Bighead searobin - 1