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10/4/2005

Jon Giles
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845

Re: CAMA Major Permi4 19 Osprey Drive, Joel Tomaselli
Jon,

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Enclosed are the appropriate revised application materials for the CAMA Major Permit for Mr. Joel Tomas~lli.
Discussion with DMF indicates that the division would likely drop the objection to the proposed pier if the pier
was extended to increase water depths under the proposed boat slips to those comparable to the existing 10 slip
pier for the neighborhood. Therefore, the proposed pier has been extended to a totallengtb. of200' to allow for,
at a minimum, -2' ML W depths where the boats will be mpored. Please contact me if you have any questions
or need additional information. . .

Sincerely,

~~ -:r-J-

Greg Finch
Environmental Scientist

End: Revised application materials
cc: Joel Tomaselli
Jonathan Howell
Fritz Rhode
Steven Everhart
Joanne Steenhuis
Ian McMillan

~~@@U\Yl~~

Oel 6 2005

DENR. WATER aUALID:..lI'u
WET\.IINOS AND STORMWAlER t)lV\mIIl

Form DCM-MP-4

STRUCTURES

(Construction within Public Trost Areas)

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

a. Dock(s) and/or Pier(s)
(1) , _ Commercial_Community .1L Private
(2) Number 1
(3) Length 200
(4) Width 06'
(5) Finger Piers _ Yes -2L No
(i) Number NA
(ii) Length NA
(iii) Width NA
(6) Platform(s) ---L Yes _ No
(i) Number 1
(ii) Length 36'
(iii) Width 8'
(1) Number of slips proposed 2
(8) Proximity of structure to adjacent riparian
property lines n'
(9) Width of water body Approx. 950'
(10) Water depth at waterward end of pier at
MLW or NWL Min. 2' MLW

b. . Boathouse (including covered lifts)
(1) NA Commercial NA Private
(2) Length NA
(3) Width NA

c. Groin (e.g. wood, sheetpile, etc.)
(1)' Number NA
(2) Length(s) NA

, .
d. Breakwater (e.g. wood, sheetpile,etc.)
(1) Length NA
(2) Average distance from MHW, NWL or
wetlands NA
(3) Maximum distance beyond MHW. NWL or
wetlands NA

Revised 03/95

e. Mooring buoys
(1) ~ Commercial NA Community NA Private
(2) Number NA
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
NA

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

f. Mooring structure (boatlift. mooring pilings, etc.)
(1) _ Commercial _Community 1.. Private
(2) Number 2 MoorinQ Pilinqs
(3) Length NA
(4) Width NA

g. Other (Giw complete description)
NA

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Projects

Subject: Projects
From: Joanne Steenhuis <[e-mail]>
Date: Thu, 06 Oct 2005 17:16:59 -0400
To: Ian McMillan <[e-mail]>, Henry Wicker
:<Henry.M. [e-mail]>, Doug Huggett <[e-mail]>, "Lillette
M Granade (E-mail)..<[e-mail]>. Tom Farrell
<[e-mail]>

The following projects have received 401 certs:
Leland Subdivision DWQ # 05-0834 Brunswick Permit written 10/5/05 There has been a
change in the ownership, it was Ed Burnett and now it is Dan Hilla new SID name "The
Willows"(Ian this information has been attached to the cert in the courier)
Sandy Ridge DWQ # 05-1682 Pender County written 10/5/05

CAMA projects
Joel Tomaselli DWQ # 051596 Onslow modified his application 10/4/05 and no 401
required
Richard Johnson DWQ # 051828 New Hanover placed on hold 10/6/05 impacts to PNA's (A
DWQ no no)

1 of 1

10/7/20058:38 AM

'!

Michael F. Easley, Governor

William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

September 12, 2005

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5EP 1 5 2005 .

CERTIFIED MAIL: 700422890 0002 3418 0909
RETURN RECEIPT REQUESTED

Joel Tomaselli
1900 Eastwood Road, # 10
Wilmington, NC 28403

CEt"T\. Ii',!"'.~'
Ii'ETL("Y' .,. '''~U=J~ CUi1L!7Y'
.. ~ .:J F..'{;') S i L\1,s~'~"::':~f;;,:? BFii;;CH

SUBJECT:

PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
19 Osprey Drive
Crystal Shores SID
DWQ Project # 05 1596
Onslow County

Dear Mr. Tomaselli:

This Office has reviewed your CAMA/40l application for 19 Osprey Drive in the Crystal Shores
Subdivision. The proposal is for a 6' X 150' fixed pier with an 8' X 36'''T''-head platform and twp mooring pilings,
to create two boat slips. Due to the project being located in a Primary Nursery Area (PNA) and speCifically due to
the shallowness of the water at the boat slips, the Division of Marine Fisheries (DMF) has objected to this project,
and the North Carolina Wildlife Resources Conunission (NCWRC) supports their objection. Because of these
objections, this Office has determined that significant uses could be removed or degraded by this project. Therefore,
unless an agreement can be achieved by you, DMF and NCWRC, we will recommend that the NC Division of
Coastal Management deny the CAMA Peront for this project due to violation of water quality standards.
Specifically, we strongly encourage you to meet with these agencies and come to a resolution for the impacts to this
habitat.

If the project is modified or some agreement is reached with these two agencies, DWQ will have no
objection to the project.

Please respond within three weeks of the date of this letter by sending a copy of the information to Joanne
Steenhuis and to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226, his phone
number is [phone]. If we do not hear from you within three weeks, we will assume that you no longer want
to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to
call me at [phone].

Attachments

SiP'lerely, ?1
// / /
I _' ~__
I ' /, --_
L;!:{.ft#vt-L ./ .~

/Joanne Steenhuis
/ Environmental Specialist III

cc: Ian McMillan -Wetlands Unit/Raleigh
Greg Finch - Land Management Group
Jon Gilles - DCM
Doug Hugget - DCM Raleigh
Fritz Rhode - Division of Marine Fisheries
Steven Everhart - North Carolina Wildlife Resources Commission
WiRO

North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Service1-877 -623-67 48
Internet: h2o,enr.state,nc.us N ~\..C I'
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E2 North Carolina Wildlife Resources Commission ~

Richard B. Hamilton, Executive Director

MEMORANDUM

To:

Doug Huggett
NC Division of Coastal Management

From:

Steven H. Everhart, PhD 1/ ~ ./
Southeastern Permit Coordinator ifl/l/
Habitat Conservation Program

Date: August 31, 2005

RE: Joseph Tomaselli - 19 Osprey Dr., North Topsail Beach, Onslow Co, CAMA Major
Permit Review

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the subject application for impacts to wildlife and fishery resources. A site visit was made
on August 23, 2005. Our comments are provided in accordance with provisions of the Fish and
\ Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and
404 of the Clean Water Act (as amended).

The project is located adjacent to Alligator Bay, off New River Inlet Road in North Topsail
Beach. The waters in this area are designated as a Primary Nursery Area (PNA) by the NC Division
of Marine Fisheries and SA-Outstanding Resource Waters by the Division of Water Quality.

, The applicant proposes to install a 6x 150 foot fixed pier with an 8x36 foot T-head platform
and 2 mooring pilings to create 2 boat slips. These slips are to be landward of the T-head where
water depths are -1.5 to -2.0 feet ML W. The proposed pier is to be located just one lot away from
the existing community dock.

We share concerns with the Division of Marine Fisheries regarding turbidity and bottom
instability associated with boating activity in these shallow, very productive waters. Re-suspension
of bottom sediments can diminish light penetration, smother shellfish, and clog the gills of other
aquatic organisms. Eggs and larval fish are particularly susceptible to harm from silt and sediment.

Mailing Address: Division of Inland Fisheries · ] 72] Mail Service Center . Raleigh, NC 27699-1721
Telephone: [phone] . Fax: [phone]

't

Tomaselli - Alligator Bay

2

August 3], 2005

The covenants and restrictions regarding individual piers in this subdivision were established
to prevent the proliferation of piers in the PNA. A provision of the development permit appears to
have been the construction of the community dock and the incI usion of this lot in those that would
not be allowed individual piers.

The NCWRC has coordinated with the Division of Marine Fisheries with whom we share
these concerns. We therefore support any recommendations they have for this project.

Thank you for the opportunity to review and comment on this application. If you have any
questions or require additional infoffi1ation regarding these comments, please call me at (910) 796-
7436.

CC: Fritz Rohde, NCDMF

~

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Marine Fisheries

4"'-.~~
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NCDENR

Michael F. Easley Governor
Preston P. Pate, Director

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

August 22, 2005

MEMORANDUM

TO:

Doug Huggett

FROM:

Fritz Rohde

SlJBJECT:

Joel Tomaselli/Alligator Bay

The Division of Marine Fisheries objects to this project. The waters of Alligator
BaylMason Creek are designated PNA and SA-ORW. They are quite shallow and very
productive waters. When developments in this area, such as the Osprey Subdivision, were first
submitted, the Division had strong concerns about the impacts from the proliferation of many
individual piers, such as the one requested here. One of the main reasons that the Osprey
I Subdivision went to the community docking facility was the strong concerns/objections of the
different commenting agencies. The Crystal Shores II covenants which were incorporated into
the permit, should be upheld and this project be denied. In addition, while, the applicant states
that there is -2' ML W at the end of the proposed pier, review of the drawings indicate that there is
much less water than that where the boats will be moored. The Division has repeatedly stated
that the operation of boats in these very shallow waters will have a significant adverse impact to
the function ofthe Primary Nursery Area.

127 Cardinal Drive Ex!., Wilmington, North Carolina 28405
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled!! 0% post-consumer paper

Michael F. Easley, Governor

William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

September 12,2005

CERTIFIED MAIL: 700422890000234180909
RETURN RECEIPT REQUESTED

Joel Tomaselli
1900 Eastwood Road, # 10
Wilmington, NC 28403

SUBJECT:

PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
19 Osprey Drive
Crystal Shores SID
DWQ Project # 05 1596
Onslow County

Dear Mr. Tomaselli:

This Office has reviewed your CAMA/40 1 application for 19 Osprey Drive in the Crystal Shores
Subdivision. The proposal is for a 6' X 150' fixed pier with an 8' X 36'''T''-head platform and twp
mooring pilings, to create two boat slips. Due to the project being located in a Primary Nursery Area
(PNA) and specifically due to the shallowness of the water at the boat slips, the Division of Marine
Fisheries (DMF) has objected to this project, and the North Carolina Wildlife Resources Commission
(NCWRC) supports their objection. Because of these objections, this Office has determined that
significant uses could be removed or degraded by this project. Therefore, unless an agreement can be
achieved by you, DMF and NCWRC, we will recommend that the NC Division of Coastal Management
deny the CAMA Permit for this project due to violation of water quality standards. Specifically, we
strongly encourage you to meet with these agencies and come to a resolution for the impacts to this
habitat.

If the project is modified or some agreement is reached with these two agencies, DWQ will have
no objection to the project.

Please respond within three weeks of the date of this letter by sending a copy of the information
to Joanne Steenhuis and to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-
226, his phone number is [phone]. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn. If
you have any questions, please feel free to call me at [phone].

Sincerely,

Joanne Steenhuis
Environmental Specialist III

Attachments

cc: Ian McMillan - Wetlands Unit/Raleigh
Greg Finch - Land Management Group
Jon Gilles - DCM
Doug Hogget - DCM Raleigh
Fritz Rhode - Division of Marine Fisheries
Steven Everhart - North Carolina Wildlife Resources Commission

, North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Servicel-877 -823-87 48
Intemet h20.enr.state,nc.us

N~Iili Caroli.na
.Natufal/II

Michael F. Easley, Governor

gA <0
NCDENR 0 S 1
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director

~' .

See

William G. Ross Jr., Secretary

August 11, 2005

~~@~ow~~

AUG 1 9 Z005

TO:

Cyndi Karoly
Supervisor 401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection

DENR - WATER QUALITY
WETLANDS~~DSTORMWATERBRANCH

RECEIVED
AUG I 1 2005
BY:=

MEMORANDUM:

FROM: Doug Huggett, Major Permits Coordinator

SUBJECT: CAMA Major Permit Review

Applicant: Joel Tomaselli

Project Location: 19 Osprey Drive off New River Inlet Road, adjacent to Alligator Bay, in North
Topsail Beach, Onslow County.

Proposed Project: The Applicant proposes to install a 6'xI50' fixed pier with an 8'x36' "T" Head
platform and 2 mooring pilings, to create 2 boat slips.

Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 3,2005. 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 Drive Ext., Wilmington, 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

1. APPLICANT'S NAME: Joel Tomaselli

2. LOCATION OF PROJECT SITE: The property is located at 19 Osprey Drive off New River Inlet Road,
adjacent to Alligator Bay, in North Topsail Beach, Onslow County.

Photo Index - 2000: 28-386: 0-(9) 1998: 15-335: L,M-(l6,17) 1995: 28-373: O,P-(8)

State Plane Coordinates - X: 2,447,625 Y: 276,461

GPS File: P072814B

3. INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/28/05
Was Applicant Present - No

5. PROCESSING PROCEDURE: Application Received - Complete on 08/10/05 Office - Wilmington

6. SITE DESCRIPTION:
(A) Local Land Use Plan - North Topsail Beach
Classification From LUP - Conservation / Community
(B) AEC(s) Involved: EW, PT, OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal Sewer
Planned - None
(F) Type of Structures: Existing - Vacant lot
Planned - Installation ofa 6' x 150' fixed pier with an 8' x 36' T-Head with 2
slips and 2 mooring pilings.
(G) Estimated Annual Rate of Erosion: n/a Source - nla

7.

HABITAT DESCRIPTION:

[AREA]
DREDGED

FILLED

OTHER

- .'
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands - open water 1188 ft.2
Incoroorated
(C) Other (High ground)

(D)
(E)
(F)

Total Area Disturbed: 1188 ft.2
Primary Nursery Area: Yes
Water Classification: SA-ORW

Open: Yes

8. PROJECT SUMMARY: Applicant is proposing to install a 6' x 150' fixed pier with an 8' x 36' "T"-Head
platform and 2 mooring pilings, to create 2 boat slips.

127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

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

joel Tomaselli
Page Two

9. PROJECT DESCRIPTION:

The project site is located at 19 Osprey Drive off New River Inlet Road (NCSR 1568), adjacent to Alligator
Bay, in North Topsail Beach, Onslow County. To get to the property from the North Topsail Beach High-rise
Bridge take a left on New River Inlet Road, just past North Topsail Beach Town Hall, then take a left on Osprey
Drive, Osprey Drive is the first street on the left then follow Osprey to the right and property is located on the
left just past the community dock. Alligator Bay is approximately 950' across at this location. According to the
permit application this lot is 162' x 235' or 0.84 acres, with 162 linear feet of shoreline frontage. There are
currently no structures on the property. The high ground area of this lot is vegetated primarily with Wax Myrtles
(Myrica cerifera), Red Cedars (Juniperus virginiana) and lawn grass. The coastal wetlands start approximately
11 0' from the edge of the right-of-way. There is an approximately 20' wide band of coastal wetlands that
consists of the following species; giant cordgrass (Spartina cynosuroides), cattail (Typha, spp.), black
needlerush (Juncus roemarianus), salt marsh cordgrass (Spartina alterniflora) and glasswort (Salicornia spp),
that transitions into a 5' - 8" wide fringe of regularly flooded marsh of salt marsh cordgrass. On the waterward
side of the regularly flooded marsh there is a 5' - 8' wide mosquito ditch. On the waterward side of the
mosquito ditch there is an island, approximately 15' wide by 60' long, of regularly flooded marsh consisting of
salt marsh cordgrass.

A community dock was permitted for Osprey Subdivision on July 19, 1996 through a major modification to
CAMA Major Permit # 123-93. A note in the conditions of this permit states the following: "The approval of
this community docking facility was based in part on the inclusion in the Crystal Shores II Covenants,
Conditions and Restrictions of a protective covenant prohibiting the construction into adjoining waters by
individual lot owners (with the exception of the owners of Crystal Shores II lots 3, 4, 5, 6, and 7) of "piers,
pilings, posts, boatslips or other structures". In the event that the protective covenant is altered to allow for
individual pier construction, the permittee is advised that permit authorization for piers on individual lots is not
guaranteed." The Covenants, Conditions and Restrictions have been amended three times, therefore requiring
review through the major permit process, specifically requiring comment from the North Carolina Division of
Shellfish Sanitation per a second note in the conditions of CAMA Major Permit # 123-93, which states the
following: "The proposed development will not cause a recommendation for closure of open shellfish waters
adjacent to the project site. However, the permittee is advised that proposals for additional piers in the lots
affronting Alligator Bay or Mason Creek will necessitate a reevaluation to determine if a closure of open
shellfish waters would be a violation ofT15A:07H.0208(a), and would therefore be grounds for denial.

The North Topsail Beach Land Use Plan classifies the upland areas of this project as Conservation and
Community. The waters of the project site are classified as SA-ORW by the NC Division of Water Quality. The
NC Division of Marine Fisheries has designated this area of Stump Sound as a Primary Nursery Area, and the
waters adjacent to the proposed project are open to the harvesting of shellfish.

PROPOSED PROJECT:

Applicant is proposing to install a 6' x 150' fixed pier with an 8' x 36' "T"-Head platform and 2 mooring
pilings to create 2 boat slips. The water depth at the end of the proposed pier would be -2' ML W. The proposed
pier would be centered on the property and start on the highground portion of the lot and extend over the upper
and lower marsh. The walkway will be elevated 3' above the coastal wetlands. The dock will terminate
approximately 65' from the waterward edge of the marsh. The applicant has stated that he is willing
127 Cardinal Drive Ex!., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagemen!.net

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

Form DCM-MP-l

APPLICATION'

(To be completed by all applicants)

1. APPLICANT

b. City, town, community or landmark
Crystal Shores SID, Section II, Stump Sound Two" North
Topsail Beach
C. Street address or secondary road number
1i Osprey Drive

a. Landowner:

Name

Joel Tomaselli

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

Address

1900 Eastwood Road, #10

City

Wimington

State NC

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Stump SoundlAlligator Bay

Zip 28403

Day Phone

910-256-5566

Fax

910-256-9944

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

b. Authorized Agent:

Name

Land Management Group, Inc.

Land Management Group, Inc.
P.O. Box 2522

a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Standard activities associated with the construction of one-
2 slip private pier for an individual residence.

Address

City

Wilminaton

State

N.C.

Zip

28402

Day Phone [phone]

b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.

Fax

910-452-0060

c. Will ~e project be for public, private or commercial
use? Private

c. Project name (if any) Crystal Shores, Section II, Lot 11

d. Give a brief description of purpose, use, methods of
coDSttUction and daily operations of proposed
project. If more space is Deeded, please attach
additional pages. See attached project narrative,

NOTE: Pemril will be isAl<<l iII_ oj bttJownnfs). tIItdIor
projed _.

2. LOCATION OF PROPOSED
PROJECT

a. County

Onslow

RmsecI 03/95

RECEIVED
OeM WILMINGTON, NC
JUl 0 5 2005

Fonn DCM-MP-l

site. Include highway or secondary road (SR)
numbers. landmarks, and the like.

. A Stormwater Certification, if one is necessary.

. 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 IUld plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form. the applicant
further certifies that such notice has been provided.

Name TBF Properties. LLC
Address 1020 Dickinson Cirde RaleiQh. NC 27614
Phone NA

'Name Norma G. and J. Bockett Hunter
Address 7 Linden Ave, Riverton. NJ 08077
Phone NA

Name NA
Address
Phone

. A list or previous state or federal permits issued for
work: on the project tract. Include permit numbers.
permittee. and issuing dates.

None

· A check for $250 made payable to the Department of
Environment. Health. and Natural Resources
(DEHNR) to cover the costs of processing the
application.

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

. A statement of compliance with the N.C.
Environmental Policy Ad (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.

Kerised 03/95

6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

J understand that 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 i'l the permit.

J certify that to the best of my knowledge. the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and wUl be
conducted in a manner consistent with such program.

J 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 the
project.

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

This is the 01 day of July , 20~.

PrmtName~ ~;ill:

Signature . \ "1) 'Ir
~r cPr AMlhoriz.eJ Agml

Please iDdiCate attachments pertaining to your proposed
project.

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

NOTE: Pkast sign and dalt each flItachmelll in tM
space provided at w bottom of each form.

RECEIVED
OCM WILMINGTON, NC
JUL 0 5 Z005

Form DCM-MP-l

4. LAND AND WATER
CHARACTERISTICS

a. Size of entire tract

0.84 acres

b. Size of individual lot(s)

0.84 acres

c. Approximate elevation of tract above MHW or
NWL Approx. 4' to 5' MSL

d. Soil type(s) and texture(s) of tract
Pactolus Fine Sand

e. Vegetation on tract Native grasses, shrubs, and trees.

f. Man-made features now on tract None

g. What is the CAMA Land Use Plan land
classification of the site? (CctuulI 1M locallllNllUe platL)

~ Conservation
_ Developed
_ Rural

_ Transitional
-2- Community
_ Other

h. How is the tract zoned by local government?
R-20

i. Is the proposed project consistent with the applicable
zoning? --L Yes No
{AlIDdI zonitIg ""","""u cnnjiCQU, if appliCDhle)

j. Has a professional archaeological assessment been
done for the tract? _ Yes -L. No
If yes, by whom? NA

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
_ Yes -2L- No

1. Are there wetlands on the site? .1L- Yes _ No
Coastal (marsh) x Other x
If yes, bas a delineation been conducted? Yes
~~, iftlWliJable)

Rensed 03/95

m. Describe existing wastewater treatment facilities.
N, Topsail Beach Sewer System

n.. Describe location and type of discharges to waters
, of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and rt.4;idential discharges.) Limited surface
ru noff,

o. Describe existing drinking water supply source.
N, Topsail Beach Water Svstem

s. 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 wbich the applicant claims title
to the affected propenies. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
wbich the owner claims title, plus written permission
from the owner to carry out the project.

. An ac.c:urate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources C"mmission Rule 7J .0203 for a
detailed description.)

Please note that original drawings are preferred and
only biJb quality copies will be accepted. Blue-Jine
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 Jarger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently deuiled to
guide agency personnel unfamiliar with the area to the

RECEIVED
OeM WILMINGTON, NC

,JUL 0 5 2005

Form DCM-MP-4

STRUCTURES

(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) andlor Pier(s)
(1) _ Commercial_Community.lL Private
(2) Number 1
(3) Length 150'
(4) Width 6'
(5) Finger Piers _ Yes --L No
(i) Number NA
(ii) Length NA
(iii) Width NA
(6) Platform(s) ~ Yes _ No
(i) Number 1
(ii) Length 36'
(iii) Width 8'
(7) Number of slips proposed 2
(8) Proximity of structure to adjacent riparian
property lines 77'
(9) Width of water body Approx, 950'
(10) Water depth at waterward end of pier at
ML W or NWL Approx. 2' MLW

b. Boathouse (including covered lifts)
(1) NA Commercial NA Private
i (2) Length NA
(3) Width NA

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

d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length NA
(2) Average distance from MHW, NWL or
wetlands NA
(3) Maximum distance beyond MHW, NWL or
wetlands NA

Revised 03/95

e. Mooring buoys
(1) NA Commercial NA Community NA Private
(2) Number NA
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
NA

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

f. Mooring structure (boatIift, mooring pilings, etc.) .
(1) _ Commercial_Community L Private
(2) Number 2 Moorinq Pilinqs
(3) Length NA
(4) Width NA

g. Other (Giw compku description)
NA

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App r Project Name

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RECEIVED
OeM WILMINGTON, NC

.JUL 0 5 Z005

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Land M.anagement Group, Inc.
EnVironmental Consultants
P.O, Box 2522
Wilmington, NC 28402
910-452-0001

USGS TOPOGRAPHIC
MAP
Spicer Bay 7,5" Quad

CAMA Major Permit Application
19 Osprey Drive '

Applicant: Joel Tomaselli

Job #: 02-05-154

Date: 5/23/05

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United States Department of the Interior

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

FISH AND WILDLIFE SERVICE ~ r~'S
Raleigh Field Office ev:?S\\} ,,;;,.;\ \\J
~ ("'"-",,V, ,
Post Office Box 33726 " ' <,l) ~..
Raleigh, North Carolina 27636-3726 ~ \.\:';;:'~'" .1 'LIJ\)~
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October 7,2005 '\Jv ,.' o.u!>-\.\';~C~
'l'l~~,*\\
Q'C.\-l.~~'i)S\
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Subject: Action ID #199603618, Joel Tomaselli, North Topsail Beach, Onslow 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 August 29,2005. The applicant, Joel Tomaselli, has applied for a
Department of the Army (DA) pennit to construct a pier and T -head platfonn. The proposed
work is being considered under Regional General Pennit #198000291, a pennit/processing
agreement for work that has been approved pursuant to the North Carolina Coastal Area
Management Act (CAMA). These 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 be used in your detennination of compliance with 404(b)( 1)
guidelines (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 detennination of project impacts pursuant to section 7 of the Endangered
Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).

Project Area, Proposed Actions, and Anticipated Impacts

The project area, proposed work, and anticipated impacts are described the Field Investigation
Report (FIR), dated August 10,2005, of the North Carolina Division of Coastal Management
(NCDCM). The project site is a resident lot on the soundside of Topsail Island. The lot is
adjacent to Alligator Bay, an area designated as a Primary Nursery Area (PNA) by the North
Carolina Division of Marine Fisheries (NC DMF).

The applicant proposes to construct a fixed pier, six feet wide by 150 feet long with aT-head
platfonn at the waterward end. Project drawings indicate that a portion of the pier would cross
marsh wetlands. The walkway would be elevated three feet above coastal wetlands, but it is not
clear whether this elevation related to the bottom substrate or the top of marsh vegetation. The
waterward end of the proposed structure appears to be approximately five feet above mean low
water. The FIR states that the work would incorporate 1,188 square feet (ft2) of non-vegetated
wetlands (open water).

2

The FIR states that a community dock was permitted for Osprey Subdivision in July 1996. This
CAMA permit required a protective convenant prohibiting pier construction by individual lot
owners, included the subject property, Lot 11. However, the subdivision convenants have been
"amended" three times. It now appears that lot owners may build individual piers if such
construction would not result in the closure of open shellfish waters. The FIR states that the
applicant has stated a willingness to restrict boat lengths to 24 feet and prohibit heads or cabins if
such provisions are necessary to prevent any shellfish closures.

Federally Protected Species

The Service has reviewed available information on federally-threatened or endangered species
known to occur in Onslow County. We have also reviewed information from the North Carolina
Natural Heritage 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-
specific information on species which should be considered in permitting this project. The
project area is in the Spicer Bay quad. The occurrence data of special status species within this
quad can be obtained on the internet at < http://www.ncnhp.org/Pages/heritagedata.html >.

The Service carefully considers potential impacts for all in-water construction on the West
Indian manatee (Trichechus manatus), a federally-endangered mammal. While there are no
occurrence records in the Spicer Bay quad, the species has been reported from Onslow County.
MaJ?atees move along the Atlantic Coast during summer months and are seasonal transients in
North Carolina, primarily from June through October. Manatees may occupy 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.

Manatees could occur in the project area. The placement of pilings could pose a risk to
manatees. To protect manatees in North Carolina, the Service developed guidelines entitled
"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina." These guidelines address all types of in-water construction, except
blasting, and should produce little, if any, additional expense. The guidelines are 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. These guidelines are available on our web site at < http://nc-
es.fws.gov/mammal/manatee guidelines.pdf>. The risk to manatees could be reduced to an
acceptable level by the implementation of the Service's guidelines. The risk would be further
reduced by performing the work during the period of November through May.

With the inclusion of the Service manatee guidelines as permit conditions, the Service would
concur with a determination by the District Engineer that the action is not likely to adversely

3

affect species designated as threatened, endangered, or their designated critical habitat.
However, the requirement of section 7 would need to be reconsidered if: (1) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered; (2) this action is subsequently modified in a manner that was
not considered in this review; or, (3) a new species is listed or critical habitat determined that
may be affected by the identified action.

Service Concerns and Recommendations

The Service is concerned about potential adverse impacts of this work on water quality. Street et
al. (2005, p. 123) note that the proliferation of non-marina boating facilities (1-10 slips) is an
emerging problem. Based on the idea that open shellfish waters indicate a basic level of water
quality beneficial to all forms of fish and aquatic organisms, the Service recommends that a DA
permit not be issued if the North Carolina Division of Shellfish Sanitation determines the work
would require the closure of any open shellfish waters.

The Service is concerned that piers built too low over marsh areas will harm the vegetation.
Docks and piers can impact wetlands indirectly by blocking sunlight and associated boat traffic
(Street et al. 2005, and references therein, p. 350,). Shading results in the loss of plant growth
and vigor beneath the dock structures. A study in South Carolina compared stem densities of
Spartina under docks with stem densities five meters (16.4 feet) away from docks (Sanger and
Holland 2002 as cited in Street et al. 2004, p. 350). This study indicated an average reduction in
stem density of 71 % under the docks. The study concluded that although shading of Spartina by
docks reduces stem density, the total impact on wetland habitat was minor. However, local
effects in areas with many docks could be significant. Street et al. (2005, p. 390-391) also note
that several studies indicate that individual docks have the potential to alter soft bottom habitat,
particularly shallow water habitat, in ways that can reduce productivity of the system as a whole.
Benthic microalgae are an important component of primary production in soft bottom habitats
such as mudflats. These micro algae are light dependent and thus adversely affected by shading.

Structures over vegetated wetlands should be elevated sufficiently above the substrate to prevent
adverse shading impacts to vegetation, substrate, and other elements of the aquatic environment.
Support for the sufficiency of the proposed elevation would include data on the characteristic
heights of dominant plant species to be covered. There should not be an assumption that the
minimum height requirement (three feet above the substrate) is sufficient to minimize the
adverse impacts which the state regulation (15A NCAC 07H .0208(b)(6)(F)) seeks to prevent.
Such impacts could be reduced by elevating all structures to a sufficient height above marsh
vegetation and/or using decking on the structures with openings which allow the penetration of
sunlight.

With due consideration of the measures given above to preserve water quality and protect marsh
vegetation along with simple measures to protect the manatee, we do not believe the activities
described in the PN and FIR would have significant adverse and/or irreversible effects on fish
and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and

4

wildlife under our jurisdiction, to the issuance of a DA permit for the proposed activities.

The Service appreciates the opportunity to comment on this permit application. If you have
questions regarding these comments or wish to discuss the development of the coordinated
federal position, please contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at <
[e-mail] >. Please provide this office with a copy of the coordinated federal
position, if one is developed.

Sincerely,

j'~

Pete Benjamin
l
Ecological Services Supervisor

Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal
Habitat Protection Plan. North Carolina Department of Environment and Natural
Resources, Division of Marine Fisheries, Morehead City, NC. 656 pp.

cc:

Ron Sechler, NOAA Fisheries, Beaufort, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC