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HomeMy WebLinkAbout19930835 Ver 1_COMPLETE FILE_19930107October 7, 1993 MEMO TO: FROM: RE: John Parker John Dorn DEM comment on Crys al Shores I project Onslow Coun y DEM has no objec the above-mentioned p installation of priva construction of priva along this stream (op our Wilmington Region conditions which woul a violation of our An ion to the issuance of the CAMA permit for oject if measures are taken to restrict the e piers in the area. We are concerned that e piers could result in up to 248 slips n SA waters) (see 6 October 1993 memo from 1 Office). DEM urges DCM to include permit prevent this from happening which would be idegradation water quality standard. I can be reachedlat 733-1786 if you have any questions. 93835.1tr cc: Wilmington DEM R gional Office Central Files Department of James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary September 24, 1993 MEMORANDUM: TO: Mr. A. Pres Division of 7 FROM: John R. Major I SUBJECT: CAMA/D Applicant: Crystal S ,a SUTE o? State of North Carolina ironment, Health, and Natural Resources Division of Coastal Management Wilmington Regional Office Howard, P.E., Director ironmental Management is Processing Coordinator GE & FILL Permit Application Review I (Joel Tomaselli, President) Project Location: S.R. 1568 iii North Topsail Beach Roger N. Schecter Director Proposed Project: to developte tract into 11 single family lots. There are single common access ways indic ed on both the sound side and ocean front. Please indicate below your agenc 's position or viewpoint on the proposed project and return this form by October 18, 1993. If you ha any questions regarding the proposed project, please contact Bob Stroud at extension 251. When ppropriate, 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. L This agenc approves of the project only if the recommended changes are incornorat . See attached. This agenc objects to the project for reasons described in the attached comments. i' Il? rl - i ?1 SIGNED -C•:`-__. ,. DATE 127 Cardinal Drive Extensiori Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 919-350-2044 Equal Opportunity Affirmative Action Employer To: John Dorney Planning Branch OF ENVIRONMENTAL MANAGEMENT REVIEWER: GREGSON r WQ SUPERVISOR: ADKIN DATE: October 6, 1993 PERMIT YR: 93 PE T NO.: 93835 COUNTY: Onslow PROJECT NAME: Crysta Shores I PROJECT TYPE: Subdivi ion PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: September 27, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030502 *STREAM OR ADJACEN WATER BODY: Alligator Bay CLASS: SA ORW TREAM INDEX #: 19-39-3 [ Q *OPEN OR CLOSED: Ope1 p WL IMPACT: N/A I WL TYPE: N/A UGT _ 7 1993 WL REQUESTED: N/A I WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A WETLANDS GROUP MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A WATER UALITY SECTII RECOMMENDATION: Condition STORMWATER PLAN RE 'D: Yes IF YES, DATE APPROVED: Project #930701 approved on September 7, 1993 PROJECT DESCRIPTION: !The applicants propose to develop a 11 lot subdivision. CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PRO OSED: Proposed connection to North Topsail Water and Sewer WWTP. TO BE PERMITTED BY: EM IF BY DEM, IS SITE AV LABLE AND PERMIT ISSUANCE PROBABLE: Yes, WQ0008116 is expected to be issued with a s ecific condition which states that no wastewater shall be made tributary to these sewers until the Engine rs Certification has been received for the collection system permitted in WQ000139. (This project is tri tary to WQ000139 which was not constructed in accordance with plans and specifications and has not en certified.) WATER/WETLAND FILL AREA OF FILL - WATE : IS FILL ELIMINATIN i N/A WETLAND: N/A A SIGNIFICANT USE? N/A A ?I 93835.Oct page Two DREDGING IS DREDGING ACTIVITY OF RESOURCE? N/A IS SPOIL DISPOSAL ADE( MARINA ARE THE FOLLOWING A SEWAGE DISPOSAL: OXYGEN IN BASIN: N/A (ATTAC TO CAUSE A SIGNIFICANT LOSS ATELY ADDRESSED? N/A )EQUATELY ADDRESSED? N/A MARINA SERVICES: N/A CLOSURE OF SHELLFISHING WATERS: N/A A MARINA USE ATTAINABILITY EVAL.) Although no boat slips an proposed, the project includes 8 sound front lots with riparian access on the SA ORW water of a tributary to Alligator Bay. Property owners can request pier exemptions for individual lot with up to four slips per pier. This subdivision could therefor have a total of 32 slips. The are currently four subdivisions along this tributary of Alligator Bay requesting CAMA Majo Development Pen-nits. The total number of sound front lots for all four subdivisions is 62, reating the possibility of 248 slips along the 4000 feet of this tributary's shoreline. The ombined effects of these boat slips could possibly create the necessity for a shellfish close a at some future time. Per T15A: 18A .0911 (6), the cumulative impacts of multiple marinas, entrance canals, or other mooring areas, in close proximity to each other are expected to ad ersely affect public trust waters. When these situations occur the Division of Environmental ealth will recommend closures. Because of these possible cumulative impacts it is reco mended that the CAMA Permit include specific conditions which would prohibit pier densities from reaching the point that closure may occur. cc: Central Files Wilmington Regional office Files DCM-Bob Stroud John Parker I i i w i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Crystal Shores I (Joel Tomaselli, President) 2. LOCATION OF PROJECT SITE: Between Mason Creek and the Atlantic Ocean adjacent to SR 1568 i North Topsail Beach - Onslow County Photo Index - JM: :167:9 Grids P-R;5-8 1984: 25:274 Grids N-Q;2-5 State Plane Coordinates - X: 2477400 Y: 275400 3. INVESTIGATION 4. INVESTIGATIVE 5. PROCESSING 6. SITE DESCRIPTIOl (A) Local Land U Land Classifii (B) AEC(s) Invol` (C) Water Depen( (D) Intended Use: (E) Wastewater T (F) Type of Struc Plane (G) Estimated An Source - CAN 7. HABITAT DES : CAMA :OCEDURE: Dates of Site Visit - 7/13/93 Was Applicant Present - yes (agent) EDURE: Application Received - cc: 9/10/93 Office - Wilmington e Plan - North Topsail Beach ition From LUP - Limited Transitional d: ES ORW; OH !nt: No Single family subdivision eatment: Existing - N/A Tanned - Connect to private system Tres: Existing - N/A - Single Family residences, ocean crossover ual Rate of Erosion: T/yr erosion rates [AREA] DREDGED FILLED THER (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetland N/A (C) Other Appx. 1.95 Appx. 8.8 High ground acres acres (D) Total Area Di (E) Primary Nurs (F) Water Classiif 8. PROJECT SUMMA family lots. There are ocean front. rbed: appx. 1.95 acres Area: yes ion: SA-ORW, SB Open: yes : The applicants propose to develop the tract into 11 single gle common access ways indicated on both the sound side and Crystal Shores, Inc. (Joel T?Omaselli, President) Page 2 9. PROJECT R I The project is located between Mason Creek off Alligator Bay and the Atlantic Ocean on both sides of the r ently relocated portion of SR 1568 in the Town of North Topsail Beach, Onslow Coun y. The tract has an area of approximately 8.8 acres of area landward of the mean high water contour. The largest portion of the project is situated to the north of the a sting road on the sound side. The waters of Mason Creek and Alligator Bay have b n classified as SA ORW (Outstanding Resource Waters) by the Division of Environm tal Management. The Shellfish Sanitation section of the Division of Health Services hav determined that the waters are open to shellfishing. The Division of Marine Fisheries ha ve designated the area as a primary nursery area. The Division of Coastal Management h ave designated the high ground area with 575 feet of the mean high water elevation o Mason Creek and Alligator as an Estuarine Shoreline ORW AEC. The federal 404 wetl ds on the tract have been identified and are designated on the project plat. The first line of stable vegetation on the ocean front was determined in March 1993 and is als shown on the project plats. The ocean front portion of the project appears to have receiv, impacts from the public use of the nearby unimproved access feature to the west. V ry little in the way of dune features are present except for the oceanward side. This ccess point is on private property whose owner apparently does not object to the use b the public. Onslow County has an access facility to the east of the project site. It is tiguous with the site on the sound side but is separated from the project on the ocean f ont by a tract reserved for future development. The sound side portion of the tract is v egetated by typical maritime thicket type vegetation. The project site is located within area where federal flood insurance is not available. However, private insurance can a obtained. This property is zoned as R20 by the Town. It is located within an area classified as Limited Transitional in the Town's Land Use Plan recently approved by a Coastal Resources Commission. The applicant's Engineers/Consultants have submitted plans to develop the available portion of high groun property into 11 single family residential lots. Of that number eight will be located o the sound (north) side of SR 1568 and the other three will be on the oceanfront. Building envelops have been identified for all of the lots based either on the 90' setback on the ean side or the location of the federal 404 wetlands on the sound side. Access from SR 1568 will be provided by several common limited access 20' drives (sheet 2 of 4). There has been a set of protective covenants developed for this development which, ariong other things, limits the "built upon area" of each lot to the area calculated to be co sistent with current regulations by the Division of Environmental Management in theirs rmwater review of the project. This value has been determined to be 5940 S. F. and 7!41 S. F. on the ocean front. There are also two access features shown on the plans. B oh are indicated to be 10 feet wide. On the sound side this feature is located between lot 6 and 7. On the ocean front the feature is located along the eastern property line an a walk (dune crossover) is also indicated. (sheet 2 of 4). No plan for the walk is Drovid . Crystal Shores, Inc. (Joel T?maselli, President) Page 3 ` 10. The project is located wvithin the ES ORW AEC. Therefore, the amount of "built upon area" is limited to no more than 25% within 575 feet of the mhw contour of Mason Creek or Alligator Ba . Also, no engineered stormwater system can be utilized in order to control run off from the project site. The project has been designed to conform with current regulations for ES ORW AEC. As stated above the "built upon area" of the lots has been limited to 59 S. F. for the sound side lots and 7241 S. F. for the ocean front. The building envelops have also been determined and designated in the plans for the project (sheet 2 of 4) The proposed development will result in approximately 22.0% coverage of the tract. The project appears to be consistent with the Land Use Plan for the Town. The R20 zoning provides for the least dense development of land which is required by the Limit Transitional classification of the property. There exists the potential for water qu ity impacts on the sound side. This would be the result of the apparent available rip 'an access for lots 1 - 8. This impact is compounded by the presence of several newly proposed subdivisions all touching the waters of Mason Creek. The excellent water qu ity now existing in this water body could be seriously impacted by the proliferation of ingle family piers with up to 4 slips each. This could result in the build out of a total of 2 slips maximum under the current rules for exempt piers. At present there is a singl 10' access proposed to the sound with no proposed construction of a walk or pier. Thee are at present four subdivisions being proposed all of which touch the waters of son Creek to some degree. There are approximately 62 lots which appear to have ri arian access rights associated with these four subdivisions. Based on current interpretati of the rules this would provide for up to 248 slips along the combined shoreline of a embayment of Mason Creek affecting approximately 4000 feet of shoreline. This react is somewhat divided by the presence of the county recreational facility which itself haslseveral hundred feet of shoreline without divided riparian access claims. It is apparent, ii i the case of these subdivisions, that the cumulative impact of the possible boat slips mus be considered. There are also areas identified as shellfish leases located within Mason reek. Although it is not known at this time if all are active, consideration must be g ven to the possible impacts of future boat access activity on those that may be.In order t protect the adjacent waters to the maximum extent possible, access must be limited ?Io that which can be provided by a common feature of minimal design. i Submitted by: C. Robe Stroud, Jr. Date: 9/15/93 Office: Wilmington Please type or print. Carefully describ development activities, including cons tion, filling, paving, land clearing, and it trol. If the requested information is no project, write N/A (not applicable). Ite must be completed for all projects. all anticipated ction, excava- onnwater con- relevant to your s 1-4 and 8-9 1 APPLICANT Cry tal Sho s, Inc. 1 a. Name Joe Tomase?li, Presig ent Address P.O. Box 191514 City Atlanta State or is Zip 31119 Day phone (404. ) 233-8475 X t Landowner or b. Project name (if any) Crystal Sh Authorized agent ?res I F c. If the applicant is not the landowner, owner's name and address. also give the i 2 LOCATION OF PROPOS PROJECT D a. StTe gqd rfggr secondary road nu ber i b. City, town, community, or landmark North Topsail Beach c. County onslow d. Is proposed work within city limits o jurisdiction? North Topsail Be planning ach e. Name of body of water nearest proje Alligator Bay k t 3 DESCRIPTION AND PLA OF PROPOSED PROJEC NED USE T a. Describe all development activities y example, building a home, motel, ma or pier). Private rives wat ou propose (for ' a, bulkhead, er mains and sewer mains to serve 1 lot residential subdivision, 3/91 If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for community, private, or commercial use? Community d. Describe the planned use of the project. 11 lot residential iib"divi9!66S'7i F I k. jut 4 LAND AND WATER DIVISION OF CHARACTERIST16§1\STAL MANAGEMENJ a. Size of entire tract 10.7 acres +- b. Size of individual lot(s)Smallest lot 20,239 S. F. c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 Ft. - 12 Ft. above M.S.L. d. Soil type(s) and texture(s) of tract e. Vegetation on tract Live oaks, beach, grasses and other maritime vege a l.on. f. Man-made features now on tract Old NCSR 1568 g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? R20 i. How are adjacent waters classified? SA/ORW j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? I 5 UPLAND DEVELOPMENT Complete this section if the project inclu es any land development. a. Type and number of buildsn s, facilit' ructures roposed None panned evelo?er-priva a homes by s, or y n v ua Iot owners. b. Number of lots or parcels 11 c. Density (Give the number of residenti uni ppeeracre.) 11 residential un al units and the its, 1.03 unn?ts/acre d. Size of area to be graded or disturbed) 1.0 acres e. If the proposed project will disturb me acre of land, the Division of Land Res receive an erosion and sedimentation i least 30 days before land disturbing ac If applicable, has a sedimentation and control plan been submitted to the Dr Resources? Yes f. Give the percentage of the tract w. mean high water to be covered by surfaces, such as pavement, buildi g. List the materials, such as marl,1 or concrete, to be used for paved Asphalt h. If applicable, has a stormwater man been submitted to the Division of Er Management? Yes i. Describe proposed sewage disposal water treatment facilities. 8" gravity collector mains pump station to be connect Topsail Water and Sewer. I j. Have these facilities received state or k. Describe existing treatment facilities. N/A re than one )urces must ontrol plan at :ivity begins. ;rosion ision of Land 75 feet of rrmeable rooftops. stone, asphalt, ces. ement plan ronmental d/or waste ind sewage to North svstem. ocal approval? ? UaV D . uii ° 19% DIVISIEM OF m. Water supply source Onslow 'Countiy n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. 10 Ft. access provided between lots 6 & 7 and along Eastern boundary of lot 11. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A (Individual homeown .rs wi 11 yngpect,oon$ as enforced by Building 6 EXCAVATION AND FILL INFORMATION N/A a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards 1. Describe location and type of discharl the state (for example, surface runoff, wastewater, industrial/commercial eft down"). N/A c. Type of material d. Does the area to be excavated include marshland, to waters of swamps, or other wetlands? "wash e. High ground excavation, in cubic yards 2 1 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal are #? If not, attach a letter granting permis ion from the owner. Will a disposal area be available for maintenance? If so, where? j. Does the disposal area include any swamps, or water areas? k. Will the fill material be water? 1. Amount of fill in cubic yan m. Type of fill material n. Source of fill material o. Will fill material be placed wetlands? re J 0L s 1993 b67, AaENiE_f p. Dimensions of the wetland to be q. How will excavated or fill material b? kept on site and erosion controlled? i r. What type of construction equipment (for example, dragline, backhoe, or h dredge)? will be used draulic s. Will wetlands be crossed in tran spol to project site? If yes, explain be taken to lessen environmental im g equipment ps that will ts. 7 SHORELINE STABILIZAT ION N/A a. Length of bulkhead or riprap b. Average distance waterward of mean normal water level high water or 3/91 c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the 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 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.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 18 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 may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. r Name Mr. John A. Elmore II Address Porters Neck Company Inc. 9 CERTIFICATION AND PERMISSION 1202 Porters Neck Road TO ENTER ON LAND Wilmington, 405 Name Mr. George Jeffrey.- ? Any permit issued in response to this application will Address P.O. Box 188 allow only the development described in the application. Goldsboro NC 27533 The project will be subject to conditions and restrictions contained in the permit. Name Address 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- A list of previous state or federal perm is issued for ducted in a manner consistent with such program. work on the project tract. Include permit Fu?bers, permittee, and issuing dates. 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 A check for $250 made payable to the partment of project. r" Environment, Health, and Natural Resou rces to cover 0 ?VN? 19 d the costs of processing the application. y , This is the A signed AEC hazard notice for project in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the orth Carolina Environmental Policy Act (N.C.G.S. 113)k-1 to 10). ?sau? wry ggC+a?-1, JUL 8 X993 DIVISION OF COASTAL MANAGWE 4 1 3/91 N d n. I m a co (o d 3NI1 2131VM MOl NV3H 31VWIXONddV HS21VN1 30 3Ja3 3NI1 SONV113M *0* 3A121a 31VA121d 30 ON3 3d1d AVmw8a 9991 21SON 3j H311O 3aISaV021 NOV913S VYVVO .06 NOI1VA03A 319V1S 30 3NI1 152113 77 '9d %T '8'W 83d 3NI1 213.VM HOIH NV3W .._.,? N'f LL ? d ? I L O? QC? N?N 4. O~, Z I ?V0 o 0) I 1]. > ? I I Ile O O + O O O rn O Z o ao U zz W D ? N o V W z 0 U = O O V) Z F ? J v Q w 80 f-- N V) z 1 °a + U v I II ?I H I M O O + d- O O + 1 M j i O O N O i + rI O 0 O 1. 2 3. 4. 5. 6. 7 DMSI N OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAA4EE: Crystal Shores I (Joel Tomaselli, President) LOCATION OF PR JECT SITE: Between Mason Creek and the Atlantic Ocean adjacent to SR 1568 i North Topsail Beach - Onslow County Photo Index - 1989: :167:9 Grids P-R;5-8 1984: 25:274 Grids N-Q;2-5 State Plane Coordinates - X: 2477400 Y: 275400 INVESTIGATION PE: CAMA FMf INVESTIGATIVE PROCEDURE: Dates of bite it - 7/ 13/93 OG l 6 i ?3 Was Applicant Present - yes (agent) WETLANDS GR011I' 'm WATER UA! ITY SEC i I _. I% '+.I PROCESSING PRO CEDURE: Application Received - cc: 9/10/93 -,. ` ` - Office - Wilmington SITE DESCRIPTIO : (A) Local Land a Plan - North Topsail Beach Land Classif'i ation From LUP - Limited Transitional (B) AEC(s) Invol ed: ES ORW; OH (C) Water Depen dent: No (D) Intended Use: Single family subdivision (E) Wastewater eatment: Existing - N/A lanned - Connect to private system (F) Type of Stru ures: Existing - N/A Planne - Single Family residences, ocean crossover (G) Estimated A ual Rate of Erosion: 3'/yr Source - CA M A erosion rates HABITAT DESCRI ION: [AREA] DREDGED FILLED OTHER 7 (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlan s N/A (C) Other Appx. 1.95 Appx. 8.8 High ground acres acres 8 (D) Total Area D turbed: appx. 1.95 acres (E) Primary Nursery Area: yes (F) Water Classification: SA-ORW, SB Open: yes PROJECT SUMMARY: The applicants propose to develop the tract into 11 single family lots. There ar single common access ways indicated on both the sound side and ocean front. W Crystal Shores, Inc. (Joel To aselli, President) Page 2 9. The project is located $etween Mason Creek off Alligator Bay and the Atlantic Ocean on both sides of the rec ntly relocated portion of SR 1568 in the Town of North Topsail Beach, Onslow Count . The tract has an area of approximately 8.8 acres of area landward of the mean igh water contour. The largest portion of the project is situated to the north of the exiting road on the sound side. The waters of Mason Creek and Alligator Bay have b n classified as SA ORW (Outstanding Resource Waters) by the Division of Environme tal Management. The Shellfish Sanitation section of the Division of Health Services hav, determined that the waters are open to shellfishing. The Division of Marine Fisheries ha e designated the area as a primary nursery area. The Division of Coastal Management ave designated the high ground area with 575 feet of the mean high water elevation of Mason Creek and Alligator as an Estuarine Shoreline ORW AEC. The federal 404 wetl ds on the tract have been identified and are designated on the project plat. The first line of stable vegetation on the ocean front was determined in March 1993 and is als shown on the project plats. The ocean front portion of the project appears to have V id impacts from the public use of the nearby unimproved access feature to the west. ry little in the way of dune features are present except for the oceanward side. This ccess point is on private property whose owner apparently does not object to the use y the public. Onslow County has an access facility to the east of the project site. It is c ntiguous with the site on the sound side but is separated from the project on the ocean ont by a tract reserved for future development. The sound side portion of the tract is tegetated by typical maritime thicket type vegetation. The project site is located within ?n area where federal flood insurance is not available. However, private insurance can'be obtained. This property is zoned as R20 by the Town. It is located within an arei classified as Limited Transitional in the Town's Land Use Plan recently approved by the Coastal Resources Commission. The applicant's Engi eers/Consultan ts have submitted plans to develop the available portion of high ground property into 11 single family residential lots. Of that number eight will be located n the sound (north) side of SR 1568 and the other three will be on the oceanfront. Building envelops have been identified for all of the lots based either on the 90' setback on thel ocean side or the location of the federal 404 wetlands on the sound side. Access from SR.J1568 will be provided by several common limited access 20' drives (sheet 2 of 4). Th e has been a set of protective covenants developed for this development which, mong other things, limits the "built upon area" of each lot to the area calculated to be onsistent with current regulations by the Division of Environmental Management in their stormwater review of the project. This value has been determined to be 5940 S. F. and 7241 S. F. on the ocean front. There are also two access features shown on the plans. oth are indicated to be 10 feet wide. On the sound side this feature is located between 1 is 6 and 7. On the ocean front the feature is located along the eastern property line d a walk (dune crossover) is also indicated. (sheet 2 of 4). No plan for the walk is provi ed. r Crystal Shores, Inc. (Joel To aselli, President) Page 3 10. The project is located ithin the ES ORW AEC. Therefore, the amount of "built upon area" is limited to no ore than 25 % within 575 feet of the mhw contour of Mason Creek or Alligator Bay. Also, no engineered stormwater system can be utilized in order to control run off from the project site. The project has been designed to conform with current regulations for ORW AEC. As stated above the "built upon area" of the lots has been limited to 594 S. F. for the sound side lots and 7241 S. F. for the ocean front. The building envelops have also been determined and designated in the plans for the project (sheet 2 of 4) he proposed development will result in approximately 22.0% coverage of the tract. he project appears to be consistent with the Land Use Plan for the Town. The R20 z ing provides for the least dense development of land which is required by the Limit Transitional classification of the property. There exists the potential for water quality impacts on the sound side. This would be the result of the apparent available riparian access for lots 1 - 8. This impact is compounded by the presence of several ne+y proposed subdivisions all touching the waters of Mason Creek. The excellent water qu ity now existing in this water body could be seriously impacted by the proliferation of ingle family piers with up to 4 slips each. This could result in the build out of a total of 32 slips maximum under the current rules for exempt piers. At present there is a single 10' access proposed to the sound with no proposed construction of a walk or pier. Th re are at present four subdivisions being proposed all of which touch the waters of Mason Creek to some degree. There are approximately 62 lots which appear to have dparian access rights associated with these four subdivisions. Based on current interpretati n of the rules this would provide for up to 248 slips along the combined shoreline of he embayment of Mason Creek affecting approximately 4000 feet of shoreline. This rea is somewhat divided by the presence of the county recreational facility which itself ha several hundred feet of shoreline without divided riparian access claims. It is apparent, n the case of these subdivisions, that the cumulative impact of the possible boat slips mint be considered. There are also areas identified as shellfish leases located within Masoni Creek. Although it is not known at this time if all are active, consideration must be ?iven to the possible impacts of future boat access activity on those that may be.In order to protect the adjacent waters to the maximum extent possible, access must be limit to that which can be provided by a common feature of minimal design. Submitted by: C. Robert Stroud, Jr. Date: 9/15/93 Office: Wilmington Please type or print. Carefully describe all icipatcd development activities, including constructio , excava- tion, filling, paving, land clearing, and storm ater con- trol. If the requested information is not relev nt to your project, write N/A (not applicable). Items I- and 8-9 must be completed for all projects. If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New Work 1 APPLICANT c. Will the project be for community, private, or Cry tal Shor s, Inc. commercial use? a. Name Joe Tomasel?i Presiden Community Address P.O. Box 191514 City Atlanta State Geo is d. Describe the planned use of tthe project. ,? 11 lot residential subdx?}on; ?l}?' n ;. Zip 31119 Day phone JShor 3-8475 X Landowner or orized agent out 6 199- b. Project name (if any) CrystI 4 LAND AND WA TER DIVISICIIN OF c. If the applicant is not the landowner, o give the CHARACTERISTIC"ASTAL MANAGEMEN owner's name and address. a. Size of entire tract 10. 7 acres +- b. Size of individual lot(s?Smallest lot 20,239 S. F. 2 LOCATION OF PROPOS D PROJECT a. Stre 4drmw secondary road nu bei b. City, town, community, or landmark North Topsail Beach C. County Onslow d. Is proposed work within city limits r planning jurisdiction? North Topsail B ach e. Name of body of water nearest proj Alligator Bay 3 DESCRIPTION AND PUNNED USE OF PROPOSED PROJ CT a. Describe all development activitii example, building a home, motel, or pier). Private drives, and sewer mains to servE you propose (for arina, bulkhead, ter mains c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 Ft. - 12 Ft. above M.S.L. d. Soil type(s) and texture(s) of tract e. Vegetation on tract Live oaks, beach, grasses and other maritime vegetation. f. Man-made features now on tract Old NCSR 1 568 g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? R20 i. How are adjacent waters classified? SA/OHW j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 3/91 I ( Z?71? 5 UPLAND DEVELOPMENT [)!V159,N OF Complete this section if the project includes arty land ' -1 AL MANAG development. ; _ GOAS _ _ ------? a. Type and number of buildin s, facilities, o m. Water supply source Onslow County structures proposed None panned by Developer-privy omes y in vi. ua n. If the project is oceanfront development, describe 0 owners. the steps that will be taken to maintain established b. Number of lots or parcels 11 public beach accessways or provide new access. 10 Ft. access provided between lots 6 & 7 c. Density (Give the number of residential u its and the and along Eastern boundary of lot 1 1. units eracre.) 11 residential unit , 1.03 unies/acre d. Size of area to be graded or disturbed o. If the project is on the oceanfront, what will be the 1.0 acres elevation above mean sea level of the first habitable e. If the proposed project will disturb more than one poor? N/A (Individual homeowners wi 1 1 acre of land, the Division of Land Resoces must comply with local flood ordinance receive an erosion and sedimentation co trol plan at Iregulations as enforced by Building 1 least 30 days before land disturbing acti ity begins. n pee or. If applicable, has a sedimentation and e Sion 6 EXCAVATION AND FILL control plan been submitted to the Divi ion of Land INFORMATION N/A Resources? Yes f. Give the percentage of the tract within 5 feet of a. Describe below the purpose of proposed excavation mean high water to be covered by imp rmeable or fill activities (excluding bulkheads, which are surfaces, such as pavement, buildings, ooftops. covered in Section 7). None Length Width Depth g. List the materials, such as marl, paver tone, asphalt, Access channel or concrete, to be used for paved surf , es. (MLW) or . 7L) Asphalt Boat basin h. If applicable, has a stormwater man been submitted to the Division of Er Management? Yes cement plan i ronmental i. Describe proposed sewage disposal 4nd/or waste water treatment facilities. 8" gravity collector mainsland sewage pump station to be connect pd to North Topsail Water and Sewer, IPc. system. j. Have these facilities received state ¢r local approval? k. Describe existing treatment faciliti N/A 1. Describe location and type of disc the state (for example, surface rur wastewater, industrial/commercia down"). N/A 2 urges to waters of )ff, sanitary effluent, "wash Other (break- water, pier, boat ramp, 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 of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 3/91 f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in feet g. Location of spoil disposal area d. Type of bulkhead materi al e. Amount of fill, in cubic yards, to be placed below h. Do you claim title to the disposal area? mean high water If not, attach a letter granting permission f om the owner. f. Type of fill material - i. Will a disposal area be available for futur? maintenance? If so, where? 8 ADDITIONAL INFORMATION j. Does the disposal area include any mars and, In addition to the completed application form, the follow- swamps, or water areas? ing items must be submitted: k. Will the fill material be placed-below-m, l? 0l [ A copy of the deed (with state application only) or other water? ")i ! , ! ':.-`, J '' ?: instrument under which the applicant claims title to the i' 1 affected property. If the applicant is not claiming to be 1. Amount of fill in cubic yard ':_) "' the owner of said property, then forward a copy of the m. Type of fill material J UL ; 1993 deed or other instrument under which the owner claims title, plus written permission from the owner to carry out n. Source of fill material the project. o. Will fill material be placed tdr? n r1 ?OrlMM-r" 'e- Na1.t?T wetlands? 1 An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be ept on site and erosion controlled? 1 r. What type of construction equipment!will be used (for example, dragline, backhoe, or hkdraulic dredge)? s. Will wetlands be crossed in Jim quipment to project site? If yes, hat will be taken to lessen environmE 7 SHORELINE STABILIZ TION VA a. Length of bulkhead or riprap b. Average distance waterward of m an high water or normal water level 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 18 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 may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 1 3 Name Mr. John A. Elmore, II 1 Address Porters Neck Company, Inc. 1202 Porters Neck Road Wilmington, NC 28405 Name Mr. George Address P.O. Box 188 Goldsboro, NC 27533 Name Address A list of previous state or federal permits issu for work on the project tract. Include permit number s, permittee, and issuing dates, A check for $250 made payable to the Depart ent of Environment, Health, and Natural Resources cover the costs of processing the application. f t' A signed AEC hazard notice for projects in ceanfront and inlet areas. A statement on the use of public funds. If e project involves the expenditure of public funds, att ch a state- ment documenting compliance with the No h 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. r This is the 2r day of 19 Lan ner or:Authoi7zed agznt 5, R JUL. 199a DIVISION OF COASTAL MA.NAGEIV(E_..Wi 4 3/91 SEP-27-1993 09:10 FROM EHNR WIL? REG OFFICE TO Vii-915-733-1338 P.01 Stale of North Carolina Department of Envirjonment, Health, and Natural Resources Wj?nington Regional Office James B. Hunt, Goveraor Bob Jamieson 3onatbaiD B. Howes, Secretary Regional Manager FAXI COVER SHEET DATE: Q I Q NO. OF PAGES TO: ?1Lt?iC xJ ?.P1v4?) FROM: 'j`? --- - CO: CO: FAX #: FAX 01 p O REMARKS: T E 127 Cardinal Drive Exunrion, Wilmu on, N.C. 28405-3845 • Telephone (919) 395-3900 • Pax (919) 350-2004 An usl Opportunity Affirmative Action Employer IWOL P.01"