20050554 Ver 1_Complete File_20050330

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

o SO SSG(
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IN REPLY REFER TO

July 21,2005

Regulatory Division

Action ID No. 200500680 and State Permit No. 98-05

Latitude 34 Yacht Club
Post Office Box 3034
Topsail Beach, North Carolina 28445

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JUL 2, 2 Z005

DENR - WATER QUALITY
\'iE1l.N-lDS,l,ND STORMWATER BRANCH

Dear Madam or Sir:

Reference your application for a Department of the Army permit request to construct a
10-s1ip privaty docking facility at an existing commercial establishment located at 1520 Carolina
Boulevard, Banks Channel/Topsail Sound, in the Town of Topsail Beach, Pender County, North
Carolina.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan
(enclosed). 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 me at the Wilmington Field Office,
Regulatory Division, telephone [phone].

Sincerely,

Henry Wicker
Regulatory Project Manager

jJ \

Enclosure

Copies Furnished without enclosure:

Mr. John Dorney \/
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal
Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

2

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Permit Class J ~5L{e 0 S 05 S L( Permit Number
NEW /' 98-05
STATE OF NORTH CAROLINA jfl .
Department of Environmcnt and Natural Resources b~~ ,I
and ~~/J ~
Coastal. Resources Commission .J, l.!!:{t;'{1J?r.;, j
~ 't Ut. 1Y4::t~) ..
. '. II~ a, 0 J ~ ~
.. ermt ~S~I~ lOf),' :i
for ~~Q~~ ~
l Major Development in an Area of Environmental conccrrt'iJ?~~ '
pursuant to NCGS 113A-118 Ot

, ,
_ Excavation and/or filling pursuant to NCGS 113-229

Issued to Latitude 34. Yacht Club, P.O. Box 3034, Topsail Beach, NC 28445

Authorizing development in Pender County at adi. Banks Channelffopsail Sound, 1520

Carolina Blvd.. Topsail Beach , as requested in the permittee's 'application dated 2/22/05. including the

attached workplan drawings (3), dated 2/24/05

This permit, issued on Jnnp. 29, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the penilit to be null and void.

Docking Facility

1) Pilings from the existing pier structure, as well as any remnant pilings from previous structures, shall be
removed in their entirety prior to construction. In the event that a piling breaks during removal and
cannot be removed in its entirety, the piling may be cut off flush with the bed of the water body if prior
approval is received from the Division of Coastal Management.

2) , This permit authorizes only the floating dock, finger piers and associated pilings necessary for the
docking facility located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non-water dependent uses of structures shall be
conducted on, in or over public trust waters without permit modification.

(See attached sheets for Additional Conditions)

This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may bc.

Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

This permit must be acccssible on-site to Department
personnel when the project is inspected for compliancc.

~V
~har es S. Jones, Director
~ivision of Coastal Management

Any maintenance work or project modification not covcred
hercunder requires further Division approval.

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~...~ 1"'-...... -..- .~ ~~.._...~..~ _.~ ..-.~-J ----1"'---.

December 31, 2008

In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.

Signature of Permittee

Latitude 34 Yacht Club

Permit #98-05
Page 2 of 3

~

ADDITIONAL CONDITIONS

3) .,;:;:fhe permittee shall maintain the authorized work in good condition and in conformance With the terms
"~:\ ,.''c3:hd conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the
\:".permitted actiyityWithout having it transferred to a third party.
t". .,'

4) No portion of any structure shall be located within 37 feet of the near bottom edge of the federally
ma.intained channel. An as-built survey shall be performed on the docking facility, and copies of the
survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management, within 60
days of completion of construction.

5) No sewage, whether treated or untreated" shall be discharged at any time from any boats using the
docking facility. Any sewage discharge' at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.

6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of'the structure and the adjacent property owner's riparian access corridor.

7) No attempt shall 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.

8) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.

'9) This permit shall not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.

10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

11) This permit authorizes a maximum of ten boat slips. At no time shall more than 10 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.

NOTE:

Any proposal to add one or more additional boat slips to the authorized 10-slip facility will
require that the docking facility be classified as a marina, and will therefore require review under
the N.C. Environmental Policy Act (NCEPA).

12) ,......InordeLto ensure .that.the projecLdoes,notJeadJoa closure to waters thaLare.currentlY9PellJothe.
taking of shellfish, no vessels shall dock along the east side of the permitted access pier.

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" , "
Latitude 34 Yacht Club Permit #98-05
Page 3 of 3

1 NOTE:
~
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ADDITIO~AL CONDITIONS

~

It is strongly recommended that the permittee exercise all available precautions in the day-ta-day *
operation of the facility to prevent facility waste from entering the adjacent waters. Such ~
discharge, either directly or indirectly, to adjacent waters could contr~lVene state water quality :~
standards, thereby violating state law.

General

. "
13) The construction andJor operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina
facility shall require that the pemiittee undertake remedial actions to rem~dy the situation. Such actions
may include, but are not limited to, a removal of any authorized slips or mitigative measures to reduce or
eliminate the cause(s) of the closure. .

14) The permittee understands and agrees that, if future" operations by the United States requires the
" removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized rep"resentative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.

15) No excavation or filling of any shallow water bottom or any wetlands is authorized by this permit.

16) The West Indian Manatee (Trichechlls manatlls), which was listed as a federally endangered species, has
been reported in the waters in Pender County. In order to protect the West Indian manatee all work
should be done during the period from June through October the enclosed guidelines, entitled
"Precautions for General Construction in Areas Which May be Used by the West Indian Manatee in
North Carolina" must be followed.

NOTE:

NOTE:

NOTE:

NOTE:

NOTE:

This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorization~ that may be required.

Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.

The permittee andJor his contractor is urged to meet with a representative of the Division prior to
project initiation.

The N.C. Division of \-Vater Quality has assigned the proposed project DWQ Project No.
050554.

The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200500680.

D>-oSSL\ Q:TF

,

DEPARTlVIENT OF THE ARl'VIY
WILlVllNGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890

REPLY TO
ATTENTlONOF:

June 9, 2005

Regulatory Division

Action ill No. 200500680

Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

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JUN 1 5 'LOOS
r' f' aU;,L\i,(
DENR. W~. ~"~R afWiCH
WETtNiD5 NlO 51

Dear Mr. Huggett:

Reference the application of Lat 34 Yacht Club for a Department of the Army permit
request to construct a 10-s1ip private docking facility at an existing commercial establishment
located at 1520 Carolina Boulevard, Banks Channel/Topsail Sound, in the Town of Topsail
Beach, Pender County, North Carolina.

The Federal agencies have completed review ofthe proposal as presented by the
application and your field investigation report.

We recommend that the following conditions be included in the State authorization:

1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.

2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOANNATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- Rl\17316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

,

3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.

4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance ofthis project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.

5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. 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 for reason other than safety.

7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].

8. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.

9. Approval ofthe structure was based on determinations that there would be no
obstruction to navigation. Issuance of this permit should not be construed, as relieving the
permittee oftaking proper steps to insure the structure and moored boats will not be damaged by
wave wash.

10. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion ofthe work authorized by this
permit.

2

,

11. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance ofthis project.

12. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).

13. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTD's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTD's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

14. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion ofthe work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre-project condition.

15. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.

16. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species, has been reported in the waters in Pender County. In order to protect the
West Indian manatee all work should be done during the period from November 1 to May 31. If
work must be done during the period from June through October the enclosed guidelines, entitled
"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina" must be followed.

17. 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 ofthis
requirement ifhe abandons the permitted activity without having it transferred to a third party.

3

18. 13. No portion of any structure will be located within 37 feet of the near bottom edge
federally maintained channel. An as-built survey will be performed on the pier/docks upon
completion of the project and sent to the Wilmington Regulatory Field Office.

Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office,
Regulatory Division, telephone [phone].

s~~

Henry Wicker
Regulatory Project Manager

Copies Furnished:

Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
/ and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal
Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895

4

DS -DS,SL{.

r

United States Department of the Interior

fISH AND WILDLIfE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

June 2, 2005

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JIJN 7 ?GG5

Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

-I'f' QUALllY
Ocl\K-I',;r,l ~~~" 'J~RBiWlCH
\\'E1VJ~DS I~j() SiO,-",llh ..

Subject: Action ID # 200500680, Lat 34 Yacht Club, Topsail Beach, Pender County, NC

Dear Mr. Wicker:

This letter provides the comments of the U. S. fish and Wildlife Service (Service) on the subject Public
Notice (PN); dated May 2, 2005. The applicant, the Lat. 34 Yacht Club, has applied for a Department of
the Army (DA) pem1it to construct a 1 O-slip private docking facility at an existing commercial
cstablishmcnt. Thesc comments are submitted in accordance with the Fish and Wildlife Coordination Act
(FWCA) (48 Stat. 401, as amended; 16 U.S.c. 661-667d). Comments related to the FWCA are to bc used
in your detem1ination of compliance with 404(b)( I) guidclines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments
are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of
thc Endangered Specics Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).

Proposed Activities and Anticipated Impacts

The PN contains the Field Investigation Report (FIR), dated March 21, 2005, of the North Carolina
Division of Coastal Managcment (NCDCM). The project site is in The Town of Topsail Beach bordered
by Banks Channel/Topsail Sound. The waters of the project site are not a primary nursery area designed
by the North Carolina Division of Marine Fisheries and the arca is opcn to shell fishing. A 10-slip dock
structure was pcrmitted on the site, but this structure was recently removed.

Thc FIR states that the applicant proposes to construct a new 10-slip dock structure. The main structure
would be 210 fcct by six feet with five finger piers and 12 mooring pilings. The water depth at the
waterward end of the structure is five feet at mean low water (ML W). Shect I of the project diagrams
indicates that pilings would be set to cight feet of penetration in thc sand bottom. The FIR indicates that
no dredging or wetland fill is proposed. Overall, the new structure would incorporate 5,460 square feet
(ft2) of non-vegetated wetlands/open water.

Federally Protected Species

The Scrvice has reviewed available information on federally-threatened or endangered species known to
occur in Pender County. We have also reviewed infomlation from the North Carolina Natural Heritagc
Program (NCNHP) database which contains excellent data on the special status species, both federal and
state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey
(USGS). Data from USGS quads provide the most project-spccific infom1ation on species which should

~

,.

2

be considered in permitting this project. The project area is located Hampstead quad. The occurrence
data of special status species within these quads can be obtained on the intemet at <
httn://www.ncsparks.netlnhn/quad.html>.

Our review indicates that the only federally listed species likely to occur in the project area is the West
Indian manatee (Trichechus manatus), a federally-endangered mammal. While there is no occurrence
record within the Hampstead quad, the species is known to occur in the coastal waters of Pender County.
The shallow, estuarine waters of Banks Channel/Topsail Sound may provide suitable habitat for manatees
that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina,
primarily from June through October. Manatees may use waters one to two meters (3.3 -6.6 feet) deep.
The species moves extensively when in North Carolina waters and past occurrence records cannot be used
to precisely determine the likelihood that it will be presence at a particular construction site.

Service Recommendations

It appears that water depths at the project site could be used by manatees. The risk to manatees during
construction could be reduced by implementing the "Guidelines for Avoiding Impacts to the West Indian
Manatee - Precautionary Measures for Construction Activities in North Carolina Waters." These
guidelines are available on our web site at < http://nc-es.fws.l.';ov/mallllllal/Illanatee l.';uidelines.ndf>. The
guidelines arc intended mainly to ensure that construction personnel are informed that manatees may
occur in the work area, that work should cease if a manatee approaches the work area, work should not
resume until the manatee leaves the work area, and procedures for reporting the death or injury of a
manatee. The risk to manatees would be further reduced by performing the work during the period of
November through May when the species is least likely to occur in the area.

With the inclusion of the Service manatee guidelines as permit conditions we do not believe that the
proposed activity, as described in the FIR, will have significant adverse and/or irreversible effects on
general fish and wildlife resources under our jurisdiction. Furthermore, the Service would concur with a
determination by the District Engineer that the action is not likely to adversely affect species designated
as threatened, endangered, or their designated critical habitat. Therefore, we have no objection, from the
standpoint of fish and wildlife resources, to the issuance of a DA permit for the proposed work.

The Service appreciates the opportunity to comment on this pemlit application. Please advise us of any
action taken by the Wilmington Corps District. If you have questions regarding these comments, please
contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at < howard [e-mail] >.

Sincerely,

JOhne~ [ffi~

Acting Ecological Services Supervisor

cc:

Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA
Ron Sechler, NOAA Fisheries, Beaufort, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

J. Steenhuis
Frl Rp.r.k

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

County Pcndcr
County2
Region \Vilmington

Facility Name Latitude 34 Yacht Club
Project Number 05 0554
Recvd From APP

Received Date 3/30/05
Project Type Docking facility

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

ICAMAI IOY @N 1 118-87-10-1 rs;-I HQW 130,624. I I
I I IOY ON 1 I r-I 1 I I

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON

Is Mitigation required? 0 YON

Recommendation: @ Issue Olssue/Cond 0 Deny

Provided by Region: Latitude (ddmmss)

Longitude (ddmmss)

Comments:

No 401 Certification is required for the project as proposed. JHS 04/15/05

cc:

Regional Office
Central Office

Page Number 1

Michael F. Easley, Governor

~~~...
.e.
_~r. .
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director

o .:) 0 ,.. K,4'"
. Y 'J..l4

William G. Ross Jr., Secretary

March 28, 2005

MEMORANDUM:

TO:

Cyndi Karoly
Supervisor
401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection ._
, DENR - WA1E~: UUAU I Y
WETllJ ms N m STORMVIA TER I3RAl,CH

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. '-.. ~-!)

MAK 3 0 200~

FROM:

Doug Huggett
Major Permits Processing Coordinator

SUBJECT:

CAMAlDREDGE & FILL Permit Application Review

Applicant:

Latitude 34 Yacht Club, LLC

Project Location:

1520 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,
Pender County.

Proposed Project:

The applicant proposes to construct a I O-slip private docking facility at an existing
commercial establishment.

Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles
at [phone]. When appropriate, in-depth comments with supporting data is requested.

REPLY:

_ This agency has no objection to the project as proposed.

_ This agency has no comment on the proposed project.

_ This 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.

SIGNED

DATE
127 Cardinal Driv.e Ex!., vvllmlngton, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

l. APPLICANT'S NAME: Lat. 34 Yacht Club

2. LOCATION OF PROJECT SITE: The property is located at 1520 Carolina Blvd, adjacent to Banks
Channell Topsail Sound, in Topsail Beach, Pender County.

Photo Index - 2000: 25-323: M,N-(7)
25-323: M,N-(8)

1998: 13-287: N-(21)
13-287: M,N-(8)

1995: 25-306: L,M-(21)

State Plane Coordinates - X: 2,408,811 Y: 222,928

GPS File: P-030816A

3. INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 03/08/05
Was Applicant Present - No

5. PROCESSING PROCEDURE: Application Received - Complete on 03/14/05 Office - Wilmington

6. SITE DESCIUPTION:
(A) Local Land Use Plan - Topsail Beach
Classification From LUP - Developed
(B) AEC(s) Involved: EW, PT
(C) \Vater Dependent: Yes
(D) Intended Use: Private
(E) \Vastewater Treatment: Existing - Septic Tank
Planned - None
(F) Type of Structures: Existing - Bulkhead, boat ramp, Commercial bldg. (highground)
Planned - Private I O-Slip docking facility
(G) Estimated Annual Rate of Erosion: N/ A Source - N/ A

_D_RED~QEJ2

[AREA]
EILLEQ

DTHER

7.

HABITAT DESCRIPTION:

-
(A) Vegetated Wetlands
-lncorporateu
(B) Non-Vegetated Wetlands - open water 5,460 ft.2
(C) Other

(D) Total Area Disturbed: 5,460 ft.2
(E) Primary Nursery Area: NO
(F) \Vater Classification: SA Open: Yes

8. PROJECT SUMMARY: The applicant proposes to construct a 10-slip private docking facility at an
existing commercial establishment.

Lat. 34 Yacht Club
Page Two

9. PROJECT DESCIUPTION:

The project site is located at 1520 Carolina Blvd., Banks Channel/Topsail Sound in The Town of Topsail
Beach, Pender County. The property is bordered on the west side by Banks Channel/Topsail Sound.
According to the permit application this tract consists of 8 lots with a total combined area of 52,000 sU. There
is an existing commercial structure with a restaurant and a vacant store on the first floor and rental space on the
second floor. There is a gravel parking lot approximately 10,247 sf.2 located on the northeastern side of the
project site. In addition, there is an existing bulkhead that runs the length of the shoreline of the project site and
an existing 19' x 50' boat ramp on the northeastern side of the project site. This location was formerly known as
the Sound Pier. A ten slip docking structure was permitted at this facility under CAMA Major Permit #86-97 on
6-25-1997. This structure was recently removed. The normal high water at this site is located at the base of the
existing bulkhead. Banks Chmmel is approximately 1200' wide at this location. Banks Channel provides access
to properties to the north and south of the project site. The vegetation on the high ground area includes bermuda
grass and other ornamental plants. There are no coastal wetlands located in the project site.

The Topsail Beach Land Use Plan classifies the upland areas of this project as developed. The waters of the
project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has
designated this area of Topsail Sound as not a primary nursery area, and the waters adjacent to the proposed
project are open to the harvesting of shellfish.

The applicant proposes to install a new 10-slip docking facility. The docking facility will consist of one 6' x
210' floating dock, five 5' x 30' finger piers and 12 mooring pilings. The new dock will terminate no further
waterward than the previous facility. The water depth at the end of the structure is -5' mean low water (ML W).
Banks Channel is approximately 1200' wide from edge of bulkhead to edge of marsh at this location.

10. ANTICIPATED IMPACTS

The proposed development will incorporate 5,460 sq2. of estuarine waters and public trust area. No new
development is proposed landward of the existing bulkhead.

Submitted by: 1. W. Giles

Date: March 21,2005

Office: Wilmington

Form DCM-MP-l

JTh - F;S ~4 -2005 JUJ
. . DIV..l~IO.N ~.. F NT . . --ffi{g@@nw@~
xwtr~A TJI Un~~TR 3 0 Z005

be II I') DENR. WATER QUi',L1~~,,,
(fo completed by a app lcants \"'ET11JiDSNmSTORMWA1ER5i\N.vH

1. APPLICANT

b. City, town, cqlflII11fity or landmark
1t?,,oSaI/ , ea ~

:;
.'

;O}

a. Landowner:

c. ' Street address or seconctary road n:Jer
_ 1:);;)0 ~//rl~ 8)

Name It'il ~4 Yat" hj-

JJ. (). At") )(
.

City TtJf~il ~e4C L
Zip ;)'84'1) Day Phone

Address

c/~

?03 'I
State 4J~

d. Is proposed work within city limits or planning
jurisdiction? 1/ Yes No

e. Name of body of water near!: project (e.vver,
creek, sound, bay) R qtt eJ,<?J1/J

Fax

q/O-;)(o'!- (pLj3Lf
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

b. Authorized Agent:

'- Hal ~JI'W\.
( Ra,Jy ;Ybjt/J
Name Alll.J !fJH)(I/!..; (~'1~(U(j,A'" LLf..", -a.

Address /0 / ;J<<"'CIIY~ f) r

List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/o~ing acti~j..
/ () .t;J, '5 .5/ 'i15

City i1 ) ,I I Yl1'j /.o.r... State ;1)t-
Zip ~7'J~/ I Day Phone 1/0 ';(i;)-~5)Q

b. Is the proposed activity maintenance of an existing
project, new work, or both? ;tJt4J (;Vorl::...

Fax

c. Will ~e project be fO~bliC, private or rommerciaJ
use? /JI"J,/t t.-
f

c. Proj~"t name (if any) La. j- ~t.; !J/'6...::'(t,J-

NOTE: PelTt'lil will be inud in name oJlando-wn.u(z). and/or
project name.

.,
'J

2. LOCATION OF PROPOSED
PROJECT

a. County

Pe(lb.r

ReTised D3J95

.-.-;..-__.......... "__~_'." .". _H_ .". .... _... .

Form DCM-MP-l

4. LAND AND WATER
CHARACTERISTICS

a. Size of entire tract S:) c:A::/c>
b. . Size of individuallot(s) 3 )ot_~

..sf
I I
60'1/00
./o,.J (K):'i JLjd

c. Approximate elevation of tract above MHW or
NWL (if .

d. Soil type(s) ~ture(s) of tract

e. Vegetation on tract

G-ra.t <

f. Man-made features no'f on tract
/.159. /.J /t:r w 1.1) /~
rr- I'

&All}"

g. What is the CAMA Land Use Plan land
classification of the site? (Consub the local land use plan.)

_ Conservation
_ Developed
Rural

_ Transitional
_ Community
Other

h. How is the tract zoned by local government?
/{,.I< M~.J~
.

i. Is the propose4?roject consistent with the applicable
zoning? --L Yes _ No
(Anach zoning compliDnce cer1iJicale, if applic:oble)

j. Has a professional archaeological asses~ent been
done for the tract? _ Yes ~ No
If yes, by whom?

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eJigible property?
_ Yes ~-No

1. Are there wetlands on the site? _ Yes .~
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Anach doClllfte7llDliOfJ, if available)

Revised 03/95

m. Describe existing, wastewater treatment facilities.
{p frHc.-

n., Describe location and type of discharges to waters
.. of the state. (For example, surface runoff, sanitary
wastewater. industrial/commercial effluent, -wash
down- and re<itential discharg~).
107 tL.. TUllcrf+-

o. Describe existing drinkingt:(r supply source.
C I'~Y t.r/a

5. ADDITIONAL INFORMATION

In addition to the completed application form, the
following items must be submitted:

· A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. 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 &caJrate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an g lIr by 11- white paper. (Refer to
Coastal Resources Cllmmission Rule 7].0203 for a
detailed description.)

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of 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
requir~ments and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

RJECEKVEn

FEB 2 4 2005 Jl)J

Form DCM-MP-l

DIVISION OF
site. Include highway or second~ ,.trul~ J(SRM A N Al.:i t: IVI t: I~ I
numbers, landmarks, and the like. 6. CERTIFICATION AND PE&\1ISSION

TO ENTER ON LAND

o A Stormwater Certification, if one is necessary.

I understand that any permit issued in response to this
apppcation will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained h the permit.

o A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plllts
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proPosed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved ~astal Management Program and will be
further certifies that such notice has been provided. conducted 10 a manner consistent with such program.

Name ~r)' fi1~r"~ I certify that I am authorized to grant, and do in fact,
Address PorY- i<d $' e Yn1 ~d'J.(' Ale." gr~t permis~ion to representatives of state and federal .
Phone review agencies to enter on the aforementioned lands in
N Ar1lJ}~ A II (4 J & ~<;e~~4l-with evaluating information related to this
A:r~s 7f.tJ. 13~ . ~~i" ~'P!J!r/If::~c!r dt- ~:=~Plication and follow-up monitoring of the

Phone q It) .':Q '3 - .

Name
Address
Phone

, ) If
C./I

o A list of previous state or Cederal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

j ~-q7 (tP-.2S-c.l7)_
P{).("'; I S~.,J jJ/~
I
o A check Cor $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.

o A signed AEC hazard notice for projects in
oceanfront and inlet areas.

o A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

Revised 03/95

I further certify that the information provided in this
application is truthful to the best of my knowledge.

This is the 1 z.Jday of ,: E..~. , ~.2:Q~

~mtName ~V~J J o~~

Signature l. 1\ A~
~r dri=~d AgrnJ

Please indi'cate attachments pertaining to your proposed
project.

_ DCM MP-2 Excavation and Fill Information
-;:7 DCM MP-3 Upland Development
L- DCM MP-4 Structures Information
_ DeM MP-S Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign and dale each aaachment in the
space provided at the bottom of each Jom.

j
1
!
.1

I

I

:r

~
-.I'

vh

~

CAl\1A. l\1ajor Development Permit Application Checklist

This checklist is provided solely as an informational resource for permit applicants. A prospective applicant is !!Q1.
required to Jill out this checklist and it is not required that this checklist be provided to the Division.

:::::;.

Pre-application Meeting
While it is not required, you are strong{1' encouraged to schedule a pre-application site visit with a CAMA field
representative. Such a meeting can greatly aid in ~xpediting the re\iew of your permit application.

PER1\nT APPLICATION FORMS

:::::;. Application Forms
All applicants must completely fill out all three pages offonll DCM MP-l. Depending on the scope of your
proposed ~evelopment, you will also lleed to fill out some or all of the additional forms listed below:

DCM MP-2
DCM MP-3
vDCM MP-4

Excavation and Fill Information
Upland Development
Structures Infonnation

DCM MP-5
DCM MP-6
DCM MP-7

Bridges and Culverts
Marina Development
Urban Waterfront

o

All questions on the application forms must be completed or the letters "N/ A" must be placed in each
item that does not apply to your proposed project

...
o All of the infonnation provided in these forms must accurately correspond with the submitted
work-plan drav.ings,

WORKPLAN DRAWINGS

..-
-.I'

Drawings must be neat, clear, and of standard size to permit photographic reproduction. Ifblue prints or sheets
larger than II" x 17" are used, 27 copies must be submitted (it may be advisable to request that a CAMA field
representative inspect a:final copy of the worh.-plan dra'wing(s) prior to making the required 27 copies).

:::::;.

Each drawing must have a simple title block, which should include the applicants name, drawing number (i.e.
Page 1 of 4) and the date the application was prepared. Undated drawings can not be accepted.

:::::;.

The worh.-plans must be accurately drawn to scale (I" = 200' or less) (example: 1" = 30'. I" = SO', I" = lOa',
etc.). Tne scale must be indicated on each drawing.

All blueprints should be folded to legal size or smaller.

Location Map . .
Your application m~ include a map showing the location of the proposed work or development. TIlls map
must provide adequate information to allow someone unfamiliar \\ith the project area to locate the project site.

Top or Plan View Drawing
Your application must included a drawing(s) showing the follov.ing:

o Existing and proposed features (ie. dunes, shorelines, water bodies, marsh lands, wetlands, existing
and proposed man-made structures, exact areas and dimensions of proposed excavation, :fill and/or
spoil disposal, existing water depths, approximate mean high, low, and average water levels, property
boundaries and riparian corridors, width of the adjacent waterbody, distance of proposed structure(s) to
federally maintained channels, and names of adjacent property owners).
:::::;. Standard north arrow.

STJR 1U cTuRE~~r ~~7~

Q lECJEIVlEn
FEe 2 4 2005 D
COAS-?)r/~~ONNAGOF
. EMENT

Form DCM-MP-4

(Construction within Public Trust Areas)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.

a. Dock(s) and/or Pier(s) (!JocJ-l~ M ')
(1) _ Commercial_Commu'rtity ZPrivate
(2) Number /
(3) Length N 10'
(4) Width (.pI
(5) Finger Piers V Yes
(i) Number ~
(ii) Length ~'
(iii) Width 5
(6) Platform(s) _ Yes .:i.- No
(i) Number
(ii) Length
(iii) Width -
(7) Number of slips proposed J(J g.
(8) Proximity of structur; to ildja~ent ripari~ /
property lines /.s .s~ Side-- 1'8':J ndrr~5/~c
(9) Width of water body -;:;. 1;)0'
(10) Water depth at waterward end of pier at
MLW or NWL .5'

e. Mooring bunys j1/ / It
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color. inscription. size. anchor. etc.)

No

(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline

f.

Other (Giw compku description)

i1/ /Ir

,

b. Boathouse (including covered lifts) /
(1) tV!!+- Commercial ~ It Private
(2) Lenith dJJl
(3) Width It

c. Groin (e.g. wood, sheetpile, etc.)
(1) Number 7fP
(2) Length(s) It

.7-2. Z-co-

Date

d. Breakwater (e.g. wood. sh~ile. etc.)
(1) Length N/A-
(2) A verage distance fi;om MHW. NWL or
wetlands ('Illt
(3) Maximum distance beyon~,.,MHW. NWL or
wetlands ^f lL
/ ,

'"

Revised 03/95

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