HomeMy WebLinkAbout19920700 Ver 1_COMPLETE FILE_19931217r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 3, 1993
Regulatory Branch
Action ID. 199300562 and State Permit No. 6-93
Mason Knoll Condominiums
Post Office Box 868
Wrightsville Beach, North Carolina 28480
Gentlemen:
i
Reference your application for a Department of the Army permit to remove a
pier and construct a community dock on Whiskey Creek, Wilmington, New Hanover
County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-C080-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Ar. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
of Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
27611-7687
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. C. Robert Stroud, Jr.
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
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DIVISION OF
COASTAL MANAGEMENT
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 4, 1992
Regulatory Branch
Action ID. 199300562
Mason Knoll Condominiums
Post Office Box 868
Wrightsville Beach, North Carolina 28480
Gentlemen:
01992
On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received November 23, 1992, for Department of
the Army authorization to remove a pier and construct a community dock on
Whiskey Creek, Wilmington, New Hanover County, North Carolina, indicates it to
be a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act, has
been assigned Action ID No. 199300562 and will be coordinated by Mr. Jeffrey
Richter in our Wilmington Field Office. He is available at telephone (919)
251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
/ Natural Resources
v Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
1W r?r r t Z ?? t
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
November 19, 1992
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Mr. A. Preston Howard, P.E., Acting Director
Division of Environmental Management
John R. Parker, Chief
Major Permits Processing Section
CAMA/DREDGE & FILL Permit Application Review
Mason Knoll Condominiums
Adjacent to Whiskey Creek on Mason Knoll Road, off the south side of
S.R. 1515 in New Hanover County.
Proposed Project: to remove the existing 5' x 100' dock and replace it with a docking
system to serve the Mason Knoll Community.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by December 9, 1992. If you have any questions regarding the proposed project,
please contact Tere Barrett at extension 246. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/Thiss agency has no comment on the proposed project.
:1? agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
1
SIGNE DATE
1? ( arilin.l Uricc i:yCen1lOn • \1'il111nrt011 A„ th ( arolina ??.lU? :v-r, • l( It rk w( ??:`r• 0?Ihx) • l ay ?90 3>tt 21h1-t
An Fqual OIIINIrtunit% Affirmati c Artiun I n,hl,ryer
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5.
6.
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CSC N 9 W
DIVISION OF COASTAL MANAGEME
FIELD INVESTIGATION REPORT pr 1' 2 11992
APPLICANT'S NAME: Mason Knoll Condominiums
LOCATION OF PROJECT SITE: Adjacent to Whiskey Creek on Mason Knoll
Road, off the south side of S. R. 1515 in New Hanover County
Photo Index - 1989: 178-25 grids 6-c,d 1984: 172-18 grid 5-h
State Plane Coordinates - X: 2355600 Y: 151200
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/10/92, 10/14/92, 11/3/92
Was Applicant Present - Yes Yes Yes
PROCESSING PROCEDURE: Application Received - cc: 11/4/92
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Pier, Dock
Planned -Dock
(G) Estimated Annual Rate of Erosion: N/A
Source- N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
open water 2.,-700--x. f.
A, `r+vv
(D) Total Area Disturbed: 3--,700' s. f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant proposes to remove the existing 5' x 100' dock
and replace it with a docking system to serve the Mason Knoll Community.
Mason Knoll Condominiums
Page 2
9. PROJECT DESCRIPTION 11/6/92
The project lies at the end of Mason Knoll Drive in the Mason Knoll area off of S.R.
1515. This is adjacent to Whiskey Creek in New Hanover County.
The tract of land is approximately 4.1 acres. This is an unusual residential
development in that the structures are single family homes, but there is no private
ownership of the land. The tract has never been subdivided, and is all common area.
According to the applicant, the development is approximately 50% built out.
There is an existing pier and dock structure to serve this community. The pier is 5'
wide, and extends for a distance of 84'. It crosses a consistent stand of mixed
Spartina alterniflora and Juncus roemerianus for approximately 20'. There is a finger
of Spartina alterniflora reaching for another 25' - 30' directly under the pier. The
pier connects to a 16' x 16' gazebo and 5' x 100' fixed dock.
The waters of Whiskey Creek are classified SA by the Division of Environmental
Management, and are designated Primary Nursery by the Division of Marine
Fisheries. The bottom is heavily laden with oysters, and, while it is closed to
shellfishing, there have been relay programs from the creek in the past. The area is
classified as Conservation in the New Hanover County Land Use Plan.
The applicant is proposing to leave the pier and gazebo intact. The fixed dock is to
be removed. There will be a 4' x 4' landing on which the ramp will begin, attached
to the west side of the gazebo. A 32" x 16' ramp will connect the structure to a new
floating dock. In order to better utilize the water in this shallow area, the applicant
has reconfigured the dock.
The new dock, 6' x 110', will lie perpendicular to the pier. This will begin 15' from
the established riparian corridor to the east. There is a small creek branching off of
Whiskey Creek immediately to the west of the project. Riparian property in this
development runs along this shoreline. While navigation is very limited in this water
body, it is somewhat navigable. The proposed pier structure would extend
approximately 85' in a westerly direction and will not block access to this creek.
The body of water in which this pier lies is approximately 450' across. However,
from a practical standpoint there are many oyster bars limiting navigation. The
proposed project complete with mooring pilings will extend approximately 98' into the
open water. This distance waterward is presently established on the east side by a
mooring piling to the present dock. On the west side, the new structure will not
extend as far waterward as the present structure. The depth at the waterward end is -
1' mlw.
The floating dock will have 13 mooring pilings placed 18' from the dock structure.
This will provide mooring for 12 vessels in the Mason Knoll community. There are
25 total homesites in the development. There is no dredging associated with this project.
Mason Knoll Condominiums
Page 3
10. ANTICIPATED IMPACTS
The applicant has approximately 145 linear feet of shoreline on the part of Whiskey
Creek in which the pier lies. This affords him approximately 3,915 square feet of
dockage space in accordance with T15A: 07H.0208(b)(5)(D). Because of the
navigational constraints of the area, he is using only 2,700 square feet.
Navigation should not be restricted as far waterward as it is currently. However, the
new structure will be more imposing than the current one in that mooring pilings will
be situated along the entire structure.
The docking system will accommodate 12 vessels from a modest residential
community.
Submitted by: Tere Barrett Date: November 6, 1992 Office: Wilmington
MEMORANDUM
To: Reviewing Agencies
From: T. Barrett
12/9/92
Please find enclosed a request from Ed Flynn, agent for Mason Knoll
Condominiums, to modify the individual permit application he has
submitted. In order to render unnecessary a Special Use Permit
from New Hanover County, the applicant has reduced the size of the
floating dock from 110' to the size of the existing fixed dock,
1001. As well., he has reduced the number of slips from 12 to 9.
This reduces the impacts to that which exist currently.
Lys V, y,LA&L. %.QlWUUy ucac;lJM an anvcipa[ca
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 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name 9C1' -)w Vm'J
- /'1`510A11.1',E
?. •,n?lnr ?r•, o
Address P n e (%
City ?J/), 6H?3di?l? Ue» r ?? State
Mp_2ICIPC) Dayphone W. S4'2
_V Landowner or Authorized agent
b. Project name (if any)
C. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
If you plan to build a marina, also complete and ;
attach Form DCM-MP-2.
b. Is theiproposed activity maintenance of an
existing project, new work, or both?
?A/6J Ur n ,e f? f A A/ EXIT Nf PIE n.
c. Will the project be for community, private, or
commercial use?
?a/t Pa,??a??,?C ?J?/I7NS?w?'? l?(?i??i?;?r/i?!Jr
d. scribe the , fanned use of the p je t.
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4 LAND AND V?AYER:y 2. 1992
CHARACTERISTICS
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a. Size of entire tract EM ENT
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
f tai 6 R "
PROJECT d.
8. Street address or secondary road number
b. ?ty, town, community, or landmark
ICM /NCT;,: 0,',-,
c. County
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d. Is proposed work within city limits or planning
jurisdiction?_ A/?
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e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
A. Describe all development activities you propose fof
example, building a home, tnotel, marina bulkhead,
or ? }},,
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Soil n-,•e(s) and texture(s) of tract
s?ho-/ SD/L A»o f) In
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Vegetation on tract /( r-""Z l 0" sE7>> c?(? l: ?? /?, cJr
Man-made features now on tact ('Q_nJ)6 , r n I L, t
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation ransidonal
Developed Community
Rural Other
h. How is the tract zoned by local government?
I. How are adjacent waters classified??_
j. Has a professional archaeological survey been
carried out for the tract? If so, by whom?
ND '
M9
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development -
a. Type and number of buildings, facilities, or
smcturesproposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
comrol plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mez*t high water to be covered by impermeable
suaces, such as pavement, buildings, rooftops.
g. Lis: the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a storm water management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
w2:entreatment facilities.
m. Wate, supply source
n. If the project is oceanfront development, describe
the steps that will betaken 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?
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6 EXCAVATION AtJDfIUJ92
INFORMATION
a. Describe below t ofpR&e blif' " WJavabon
or fill ac'.ivities (excluding bulkheads, which are
covered in Section 7). -
Access channel
('' ELW) or (NWI.)
Boat basin
Other (break-
water, pier, boat ramp,
rock jem•)
Fill placed in
wetland or below
MHW
j. Have these facilities received state or local approval? Upland fill
areas
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").
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material /
d. Does the area to be excavate include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
2 12/89
Length Width Depth
L Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in
/ feet
11. Location of spoil disposal area
r
b. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
L Will a disposal area be available for future
maintenance?
If so, where?
J. Does the disposal area include any marshland,
swamps, or water areas?
X Will the fill material be placed below mean high
water?
L Amo,= of fill in cubic yards
in. Type of fill material
n. Source of fill material
o. Will U material be placed on marsh or other
wedLnds?
p. Dirneruions of the wetland to be filled
q. How, will excavated or fill material be kept on site
and erosion controlled? "
T. Who: type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredgc)???.??l??F ?A?C
s. WiL' wetlands be crossed in transj)ordng equipment
to project site? N If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
12/89
d. Type of bulkhead material
C. 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
instr cent under which the appli cant claims tit] e to the
affecttd 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
1R x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that orit'hal drawings are prefcMd grad
only high quality copies will be accepted. Blue-line 2D
prints or other larger plats are acceptable only if It 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 managenient plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete.ad dresses of the
adjacent waterfront (riparian) landoN+mers. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the a t of
that opportunity. D `nt 1992
p??`S1 ANA EMEN-13
C.pAS? A? M
-?ddrtss o4?, mr?S?v(3orr? Soaln?? 06r40
A), I m,n47AJ 2f?103
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.
S4 I-a
A check for made payable to the Department of
Environment , Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
zond L--Jet 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 Pol'-.. / Act (IN.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 Noah 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,?-6 day of7"aQ?Y. ,1972.
?( (? !??' ,?.,. f y S mfg /l rrc
Landowner or Authorized agent
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NTT 2 1992
DIVISION OF
COASTAL MA110,GEMENT
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DIVISION OF
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Division of Environmental Management
,,. Water Quality Section
December 17, 1992
MEMO:
TO: John Parker
FROM: John DorneJTDH
RE: Mason Knoll Condominiu s
New Hanover County
DEM # 92700
The Division of Environmental Management has no objections
to the plans to upgrade an existing fixed dock with a floating
dock as long as no dredging occurs on the site singe the area is
a Primary Nursery Area.
Please call me at 733-1786 if you have any questions.
masonkn.ltr
cc: Wilmington DEM Regional Office
Central Files
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATION:
-sll
REVIEWER: GREGSO
WQ SUPERVISOR: ADKINS
DATE: December 14, 1992
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: 92700 COUNTY: New Hanover
PROJECT NAME: Mason Knoll Condominiums
PROJECT TYPE: Pier PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: 11/19/92
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Whiskey C eek
CLASS: ASTREAM INDEX #: 18-87
*OPEN OR CLOSED: Closed D 2
15 ?' Q n„
WL IMPACT: N/A WL TYPE: N/A r01
? ?J
WL REQUESTED: N/A WL ACR EST: N/A
HYDRO CNECT?: N/A WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATT -N/A
RECOMMENDATION: Other
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to remove the
existing 100' fixed dock and replace it with a floating dock of
the same size. The new floating dock will provide docking space
for nine boats.
WATER QUALITY CERT. (401)
CERT. REQ'D: No
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE
N/A
AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
92700 Dec
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: The Division of
Marine Fisheries has designated this area a Primary Nursery Area
and has stated that boat activity in this shallow area near t
proposed floating dock will significantly disturb the bottom. f
this bottom disturbance removes the ability of the area f'VO
function as a Primary Nursery Area, such a removal of use would
be a violation of 15A NCAC 2B .0201. This Office cannot
recommend approval of a project which will remove an existing
use.
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
7 December 1992
TO: John Parker
THROUGH: Rich Carpenter
FROM: Fritz Rohde
SUBJECT: Mason Knoll Condominiums
I have concerns about the shallow depths in the project area.
Many times at low tide there will be no water at all at the dock.
I am concerned that with these shallow depths there will be
significant disturbance of the bottom by the boats' propellors.
The applicant has indicated that only john boats will or can be
used with this facility. I agree but even these can have a
deleterious effect on the bottom. This is a designated primary
nursery area. Under no circumstances will the Division of Marine
Fisheries agree to any dredging of this bottom.
1
MEMORANDUM
To: Reviewing Agencies
From: T. Barrett
12/9/92
Please find enclosed a request from Ed Flynn, agent for Mason Knoll
condominiums, to modify the individual permit application he has
submitted. In order to render unnecessary a Special Use Permit
from New Hanover County, the applicant has reduced the size of the
floating dock from 110' to the size of the existing fixed dock,
1001. As well, he has reduced the number of slips from 12 to 9.
This reduces the impacts to that which exist currently.
Fell S Maripe Contractors, In'.
P. U. Box 868
Wrightsville Beach, N. C. 28480
?. APT. 6F 6) d,nAV-Ak" i NE01 tH ^94'k., 0 Y471,4 //?6j00U'rf
?a / l,Af1D/wA/ N?.
Ed Flynn
256-3062
Durwood Sykes
256-2103
?DEc. /9q2 Q ??? ?,? DDEC 8 1994
DIVISION OF
COASTAL MANAGEMENT
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Ali C M n. j$ lb REQL FS 1 /9 CHgN6L /n J)f6 .11n•, -I ? CA'fl dh r02 F
,(in?c % ?2 fah Lnol, CwK10z, ti?f^J
nC fjCf !/arSj,n C ?NAT ptL- pl,,? ?N 6 Dauc 8C fLr??acrro ?2i*. /J6 ?-{v /OD ?,(dr,Jl rq /10
?+?r??1L"NvrnAt?2 vr-Sc.?Ps /,?trzt'?4ct? ?,?,ur?. /a ? q ?C.sc.?Ps Rzr- Tv j?->,??r?n ??
rmC S1Z? (9/IJ,oF), ,(gym,"rSi2? ?jur-??ti corn f?r/h.o?tro.
? ? yan tun yen k awn 176%, .
Piers * Bulkheads • Floating Docks 9 Pilings a Repairs • Commercial Diving
? . ?? _ ?? S /fat Cvntr _ ? ?.
",Wmol bon,)Am) , 0. Box 868
Wrighlsvill BeaM N. C. 2$4aO
919/2 31062.
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DEC 8 199
DIVISION OF
2y' COASTAL MANAGEMENT
1
S
Puy ,
afmo
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to Joint Application for CAMA Major
Permit. Be sure to complete all other sections of the
Joint Application which relate to this proposed project,
including upland areas, even if duplicative. All shore-
based facilities must be included in application and work
plats.
1 MARINA CHARACTERISTICS
a. Check below the type of marina pro sed.
Commercial Public V Residential
b. Will the marina be open to the general public?
h0
c. If there is residential development associated with
the marina, how many units or lots are planned?
U/f-Lm0,Vc-.,,°/nChT /s Con Pc?f 7L'
d.
Check all of the types of service to be provided.
Full service, including travel lift and/or rail
ckage, fuel, and marine supplies
Dockage ("wet li ps") only
Number of slips
-- Dry storage
Number of boats
- Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
v7 Open water, no dredging required
Other (describe)
11glaly1m,
DEC 8 1992
. .1,
DIVISION OF
COASTAL MANAGEMENT
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types). SM,,4/1 2-ON q/ Cllr ONLY
g. Typical boat length /6 /
h. Maximum boat length fH
L Are any floating buildings planned? NO
If so, describe.
2 MARINA OPERATIONS
a. Check each of the following sanitary facilities which
will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location
b. Describe treatment a and location for all sanitary
wastewater.
c. Describe solid waste, fish offal, and trash disposal.
*0 1
d. How will overboard discharge of sewage from boats
be controlled?
- Na Gt?LRrra+ piSC?G?
e. Give the location and number of "No Sewage
Discharge" signs proposed.
/V
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste, and petroleum products.
g. Where will residue be disposed of?_
h. Give the number of channel markers and "No Wake"
signs proposed. ke, k
Note: Regulatory signs such as these require additional
approval by the N.C. Wildlife Resources Commission.
L Give the location of fuel handling facilities and
describe the safety measures planned to protect area
waterquality. No Fcfi54- Krt"I<<nes
j. Describe design measures that promote boat basin
flushing or circulation and redute water quality
impacts. tic ut . .
L What will be the marina policy on overnight and
live-board dockage?
1. Is the proposed marina located near any shellfish
leases? If so, give the name and address of
theleaseholder. No
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
?nNL
n. How many slips are now available?
6 4/89
*Oka DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mason Knoll Condominiums
2. LOCATION OF PROJECT SITE: Adjacent to Whiskey Creek on Mason Knoll
Road, off the south side of S. R. 1515 in New Hanover County
Photo Index - JM: 178-25 grids 6-c,d 12L4: 172-18 grid 5-h
State Plane Coordinates - R: 2355600 Y: 151200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7110/92, 10/14/92, 11/3/92
. Was Applicant Present - Yes Yes Yes
5. PROCESSING PROCEDURE: Application Received - cc: 11/4/92
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Pier, Dock
Planned - Dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
open water 2,700 s.f.
(D) Total Area Disturbed: 2,700 s.f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant proposes to remove the existing 5' x 100' dock
and replace it with a docking system to serve the Mason Knoll Community.
• Mason Knoll Condominiums
Page 2
9. PROJECT DESCRIPTION 11/6/92
The project lies at the end of Mason Knoll Drive in the Mason Knoll area off of S.R.
1515. This is adjacent to Whiskey Creek in New Hanover County. -
The tract of land is approximately 4.1 acres. This is an unusual residential
development in that the structures are single family homes, but there is no private
ownership of the land. The tract has never been subdivided, and is all common area.
According to the applicant, the development is approximately 50% built out.
There is an existing pier and dock structure to serve this community. The pier is 5'
wide, and extends for a distance of 84'. It crosses a consistent stand of mixed
Spartina alterniflora and ]uncus roemerianus for approximately 20'. There is a finger
of Spartina alterniflora reaching for another 25' - 30' directly under the pier. The
pier connects to a 16' x 16' gazebo and 5' x 100' fixed dock.
The waters of Whiskey Creek are classified SA by the Division of Environmental
Management, and are designated Primary Nursery by th e Division of Marine
Fisheries. The bottom is heavily laden with oysters, and, while it is closed to
shellfishing, there have been relay programs from the creek in the past. The area is
classified as Conservation in the New Hanover County Land Use Plan.
The applicant is proposing to leave the pier and gazebo intact. The fixed dock is to
be removed. There will be a 4' x 4' landing on which the ramp will begin, attached
to the west side of the gazebo. A 32" x 16' ramp will connect the structure to a new
floating dock. In order to better utilize the water in this shallow area, the applicant
has reconfigured the dock.
The new dock, 6' x 110', will lie perpendicular to the pier. This will begin 15' from
the established riparian corridor to the east. There is a small creek branching off of
Whiskey Creek immediately to the west of the project. Riparian property in this
development runs along this shoreline. While navigation is very limited in this water
body, it is somewhat navigable. The proposed pier structure would extend
approximately 85' in a westerly direction and will not block access to this creek.
The body of water in which this pier lies is approximately 450' across. However,
from a practical standpoint there are many oyster bars limiting navigation. The
proposed project complete with mooring pilings will extend approximately 98' into the
open water. This distance waterward is presently established on the east side by a
mooring piling to the present dock. On the west side, the new structure will not
extend as far waterward as the present structure. The depth at the waterward end is -
1' mlw.
The floating dock will have 13 mooring pilings placed 18' from the dock structure.
This will provide mooring for 12 vessels in the Mason Knoll community. There are
25 total homesites in the development. There is no dredging associated with this project.
v
1Vlason Knoll Condominiums
e Page 3
N
10. ANTICIPATED E9PACTS
The applicant has approximately 145 linear feet of shoreline on the part of Whiskey
Creek in which the pier lies. This affords him approximately 3,915 square feet of
dockage space in accordance with T15A: 07H.0208(b)(5)(D). Because of the
navigational constraints of the area, he is using only 2,700 square feet.
Navigation should not be restricted as far waterward as it is currently. However, the
new structure will be more imposing than the current one in that mooring pilings will
be situated along the entire structure.
The docking system will accommodate 12 vessels from a modest residential
community.
Submitted by: Tem Barrett Date: November 6, 1992 Office: Wilmington
.t
flease•type or print. eareruvy describe all anticipated
development activitics, 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 14 and 8-9
=must be completed for all projects.
1 APPLICANT
Address p n L ?x
City???,6?rZ3diur????,? State
MP 2li'1dD Day phone 3eY, 2.
Landowner or Authorized agent
b. Project name (if any) /10 tN;l/(r/11r.Cr?lnlLip, ti
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
JhF)?<??'1?rru? S,oww Mr-ob
b. 9ty, town, Comm u ty, or landmark
iCM?N?T>•,? N,,
c. County IU%W PAxl ?Dk- )
d. Is proposed work within city limits or planning
jurisdiction? /VC •r
e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED USE
OF FRGPOSED PROJECT
L Describe all development activities you propose (for
example, b ildin$ ?ome, motel. marina bulkhead,
o?pier), ivy rw// h W110I ETA -riNA bNk- Drina
1VPILM?S AA1oA« l' jefinl, Por&"E,S'),lr^c'
_F/?cro node.
12/89
If you plan to build a marina. also complete and
attach Form DCM-MP-2.
b. Is thWroposed activity maintenance of an
existing project, new work. or both?
Mt1)AM12e Af AEI EXe-I-NF Arc2
c. Will the project be for community. private, or
commercial use?
?cR ?a.r?R,-rr?sc?L/l1ASo?v?'?ol/l°l'???;n,/?.i??r
d. scribe the planned use of the project.
4 LAND AND VJA*R,,' 2. 1992
CHARACTERISTICS
a. Sits of entire tract EM ENT
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
t 16foR'
d. Soil type(s) and textum(s).Rr tract
SR oy Solt A,,o 0rn r
e. Vegetation on tract Np? 'err P 100 6t7 , 'r iP /;,
L Man-made features now on tract e-Op6 m i n nm r
g. What Is the CANiA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation ransitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Inat ri -1',Q R (
i. How are adjacent waters classified?s_ /J
J. Has a professional archaeological survey been
carried out for the tract? If so, by whom?
?. S. 'UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed
b. Number of lots or parcels
m. Wate, supply source
n. If the project is oceanfront development, describe
the steps that will betaken to maintain established
public beach accessways or provide new access.
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
acne of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
lent 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
cor. rol plan been submitted to the Division of Land
Resources?
L Give the percentage of the tract within 75 feet of
meLn high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
?. Lis: the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
bean submitted to the Division of Environmental
Mmagement?
1. Describe proposed sewage disposal and/or waste
wa:er treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities;
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). •
2
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
r t
6 EXCAVATI N ACID f ILV2
INFORMATION '
^!? 4 r'77
a. Describe below ft4*F bke N?jtbFOW WJavation
or fill avivities (excluding bulkheads, which are
covered in Secti on 1).
Accegs channel
OIaW) or (NWL)
Boat basin
Other (break-
water, pier, 160Ri 1,
boat ramp. VV 14.
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type ofmaterial
d. Does the area to be exeav40- include marshland, /?'
swamps, or other wetlands?'
e. High ground excavation, in cubic yards
12/89
Length Width Depth
?.Z
1
Dimensions of spoil disposal area N
Location of spoil disposal area
b. Do you claim title to the disposal area?
If not. attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maiti:enance?
If so, where?
J. Does the disposal area include any marshland,
swamps, or water areas?
X Will the fill material be placed below mean high
water?
L Amount of fill in cubic yards
m. Type of fill material
n. Soume of fill material
o. Will 0 material be placed on marsh or other
wet].Lnds?
p. Dirn:.nsions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
T. Wha: type of construction equipment will be used
(for example, dmpne, backhoe, or hydraulic
dredge)? VrZee-'
,porting equipment
s. Will' wetlands be crossed in trans
to project site? N Q If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION Y14
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
=9
C. Shoreline erosion dtuing preceding 12 months, in '
feet
d. Type of bulkhead material
C. Amount of fill, in cubic yards, to be placed below
mean high water
f.. Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow.
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross .
sectional drawings) drawn to scale in black ink on an 8
1R x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings an preferred and
only high quality copies will be accepted. Blue-line 2D
prints or other larger plats are acceptable only if 0 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
map have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Diyision of Coastal
Management and should be advised by the a t of
that opportunity. ?s
a
N0\' 2 1992
p1VISJC NP EMEN 3
- C-OASIAL MA .
Address . A (ISO)v[iri nA Tot, n p R e1qt)
Q , • ')rl m)nNL• 25`/0
r • Name ? ?1 ?3mrx- n'? T"a ?%; ???
pAddmss -Pr 1,r L10E3b
1.0 n, , ^417P'i 411, 2 8 ` O-A
Name'
Address
A list of previous state or federal permits issued for
work on the project tMCL Include permit numbers,
permittee, and issuing dates.
Squo
A check for made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
snd inlet arias.
A statement on the use of public funds. If the project
invewes 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 isthe?'6 day of D:?7bBir,. ,19 2.
Landowne or Authorized agent `
or
t4 V 2 1992
DIVISION OF
COASTAL MANAGEMENT
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L?•VA. All 49 DIVISION OF
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS ^ Q?
P.O. BOX 1890 vI` 2
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 14, 1993
Regulatory Branch
Action ID. 199300562
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
D C?C?C?OdCS._.
21993
WETLANDS GROUP
!LATER UALITY SECTION.
Reference the application of Mason Knoll Condominiums for a Department of
the Army permit to remove a pier and construct a community dock on Whiskey
Creek, Wilmington, New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
C. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
0
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Copies Furnished:
?Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845