HomeMy WebLinkAbout19930840 Ver 1_COMPLETE FILE_19930617October 7, 1993
MEMO
TO: John Parker
I
FROM : John Dorn RE: DEM comment on Cry?ta/ Shores II project
Onslow County //
DEM has no objection to the issuance of the CAMA permit for
the above-mentioned project 'f measures are taken to restrict the
installation of private pier in the area. We are concerned that
construction of private piers could result in up to 248 slips
along this stream (open SA waters) (see 6 October 1993 memo from
our Wilmington Regional Offi e). DEM urges DCM to include permit
conditions which would preve t this from happening which would be
a violation of our Antidegra ation water quality standard.
I can be reached at 733-1786 if you have any questions.
93840.1tr
cc: Wilmington DEM Regionalloffice
Central Files
State of North Carolina
Department of Environment, Health, and Natural Resources
Division 4to ' f C oastal Management
Wilmin Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
S4ptember 27, 1993
MEMORANDUM:
TO: Mr. A. Preston Howatd, P.E., Director
Division of Environm4ntal Management
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & PILL Permit Application Review
Roger N. Schecter
Director
Applicant: Crystal Shores II (Joel Tomaselli, President)
Project Location: between Alligator Bay I& Mason Creek adjacent to existing airport, Town of
North Topsail Beach
Proposed Project: to develop the high ground portion of a tract of land located adjacent to the
existing airport (landin? strip) within North Topsail Beach. There are 27
residential lots plated fbr the project.
i
Please indicate below your agency's positions or viewpoint on the proposed project and return this form
by October 18, 1993. If you have any ques4ons regarding the proposed project, please contact Bob
Stroud at extension 251. 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 coltment on the proposed project.
C This agency approves df 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 ?ATE
t
127 Cardinal Drive Extension, Wilmington, N.C? 28405-3845 • Telephone 919-395-3900 • Prix 919-350-2004
An Equal Opportm ty Affirmative Action Employer
r
To: John Dorney
Planning Branch
DIVISION OF
MANAGEMENT
REVIEWER: GREGSON Q
WQ SUPERVISOR: ADKIN? O^
DATE: October 6, 1993
PERMIT YR: 93 PERMIT NO.: 93
PROJECT NAME: Crystal Shores II
PROJECT TYPE: Subdivision PI
COE #: N/A DOI
RCD FROM CDA: DCM DA'
REG OFFICE: WiRO RIVER Als
*STREAM OR ADJACENT WATER I
CLASS: SA ORW STREAM I
*OPEN OR CLOSED: Open
COUNTY: Onslow
TYPE: CAMA
: N/A
E FROM CDA: September 27, 1993
? SUB BASIN#: 030502
)DY: Alligator Bay
DEX #: 19-39-3
WL IMPACT: N/A WL TYPE: IN/A
WL REQUESTED: N/A WL ACR I N/A
HYDRO CNECT?: N/A WL SCO : N/A
MITIGATION: N/A MITIGATION T E: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A L__.XA2
RECOMMENDATION: Condition
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED: Project. #930802 approved on August 27, 1993
PROJECT DESCRIPTION: The applicant$ propose to develop a 27 lot subdivision.
WATER QUALITY CERT. (401)
CERT. REQ'D: No
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Propos? connection to North Topsail Water and Sewer WWTP.
TO BE PERMITTED BY: DEM
IF BY DEM IS SITE AVAILABLE AN PERMIT ISSUANCE PROBABLE: Yes additional
information as been requested for WQ000826 This Permit is expected to be issued with a specific
condition which states that no wastewater shall be made tributary to these sewers until the Engineers
Certification has been received for the collect_on system permitted in WQ000139. (This project is
tributary to WQ000139 which was not construclO in accordance with plans and specifications and has
not been certified.)
i
I
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLA D: N/A
IS FILL ELIMINATING A SIGNIFICA T USE? N/A
AI&
93840.Oct
Page Two
DREDGING
IS DREDGING ACTIVITY EXPECTE TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY `ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATE Y ADDRESSED?
SEWAGE DISPOSAL: N/A MA INA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSUR OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
Although no boat slips are proposed, t e project includes 25 sound front lots on the SA ORW
waters of Alligator Bay and a tributa . Property owners can request pier exemptions for
individual lots with up to four slips per p r. This subdivision could therefor have a total of 100
slips. There are currently four subdivi ions along this tributary of Alligator Bay requesting
CAMA Major Development Permits. The total number of sound front lots for all four
subdivisions is 62, creating the possibility of 248 slips along the 4000 feet of this tributary's
shoreline. The combined effects of the a boat slips could possibly create the necessity for a
shellfish closure at some future time. #er 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 adversely affect public trust waters. When these situations occur the Division of
Environmental Health will recommend c sores. Because of these possible cumulative impacts
it is recommended that the CAMA Permit include specific conditions which would prohibit pier
densities from reaching the point that cl sure may occur.
cc: Central Files
Wilmington Regional Office Files
DCM-Bob Stroud
John Parker
it
f
DIVISION OF COASTAL MANAGEMENT
FIELD INVE TIGATION REPORT
1. APPLICANT'S NAME: Crystal Phores II (Joel Tomaselli, President)
2. LOCATION OF PROJECT SIT : Between Alligator Bay and Mason Creek adjacent
to existing airport - Town of NortTopsail Beach - Onslow County
Photo Index -1989: 4:167:9 Grid M-0;6-9 1984: 25:274 Grids K-N;2-5
State Plane Coordinates - X: 247 400 Y: 276200
3. INVESTIGATION TYPE:
4. INVESTIGATIVE
5. PROCESSING PROCEDURE: A
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Ni
Land Classification From
(B) AEC(s) Involved: ES(OR)
(C) Water Dependent: No
(D) Intended Use: Residential
(E) Wastewater Treatment: F
(F) Type of Structures:
(G) Estimated Annual Rate of
Source - N/A
7. HABITAT DESCRIPTION:
Dates of Site Visit - 7/13/93
Was Applicant Present - yes (agent)
)n Received - cc:9/10/93
Office - Wilmington
h Topsail Beach
,UP - Limited Transitional
idivision
Ling - N/A
- Private system available
- Culvert under existing access road
- Single Family residences
-osion: N/A
[AREA]
DREDGED FILLED THER
(A) Vegetated Wetlands
N/A
(B) Non-Vegetated Wetlands
N/A
(C) Other Appx. 3.96 Appx. 15.9
High ground developed i acres acres
(D) Total Area Disturbed: App 4- 3.96 acres
(E) Primary Nursery Area: yes
(F) Water Classification: SA-O W Open: Yes
8. PROJECT SUMMARY: The Appl ants propose to develop the high ground portion
of a tract of land located adjacent t the existing airport (landing strip) within North
Topsail Beach. There are 27 resident lots plated for the project.
Crystal Shores H
Page 2
9. PROTECT DESCRIPTION
The project is located within C
existing airport/landing strip. It is
(a sub-embayment off Alligator
indicated on the project plats 0
calculations indicate that of that au
mean high water (mhw) elevation.
Waters (ORW) by the Division
determined by the Shellfish Sanit
Division of Marine Fisheries have
Division of Coastal Management 1
bodies as an Estuarine Shoreline
Concern. The federal 404 wetlan(
is no Ocean front associated with
extends from SR 1568 to the lar
crosses Mason Creek by means
connections to the upper end of
downstream side but the failure 1
project is located within an area id
However the general area of the
insurance is not available. The an
Plan recently approved for the Tc
Commission.
Town of North Topsail Beach adjacent to the
[so located between Alligator Bay and Mason Creek
lay). The applicant's Engineers/Consultants have
: approximately 77.7 acres are in the tract. Our
)unt approximately 15.9 acres are located above the
be waters are classified as SA Outstanding Resource
if Environmental and are open to shellfishing as
on section of the Division of Health Services. The
-signated the waters as a Primary Nursery Area. The
s designated the high ground adjacent to these water
utstanding Resource Water Area of Environmental
on the tract have been identified and platted. There
its project. There is an unimproved road bed which
.ng strip located adjacent to the project. This road
a fill causeway with an existing culvert providing
ie Creek. This culvert has partially failed on the
s no effect on the integrity of the causeway. This
tified as an A-zone on federal flood insurance maps.
eject is also located in the area where federal flood
is classified as limited Transitional by the Land Use
n of North Topsail Beach by the Coastal Resources
The Applicant's Engineers/Consul
portion of the property into 27 resi i
for each of these lots based on the U
of the lots has been further restrict
the NC Division of Environmental
approximately 4854 S. F. and has
for the Subdivision. In order to ac
propose to improve the existing con
feature will be improved to a 20'
northwest side of the tract. In order
propose to bulkhead the existing cau
approximately 66 linear feet of bu
sections to either side of the 48" cu
will be built also in two sections bro
4' of the existing culvert which ha
replaced. The travelway will be red
a vehicular turnout provided at eithe
no common access corridors shown
appears to have individual riparian a
its have submitted plans to develop the available
;ntial lots. Building envelopes have been identified
S. Corps of Engineer's wetland (404) line. The use
by the calculation of available "built upon area" by
lanagement. This figure has been determined to be
= recorded in the Protective Covenants recorded
ess the property in a safer manner the applicants
ecting road leading to the tract from SR 1568. The
velway and will have one cul-de-sac located at the
to cross the portion of Mason Creek the applicants
eway and repair the existing culvert. There will be
khead built on the west side of the road in two
vert. On the east side approximately 75 linear feet
en by the culvert (See Sheet 5 of 5). Approximately
partially failed will be removed and will not be
ced to approximately 15 feet for this crossing with
r end to allow for one-way traffic flow. There are
on the plan for this subdivision. Each of the lots
?cess rights.
Crystal Shores II
Page 3
10. ANTICIPATED IMPACTS
The project is located entirely withib the Estuarine Shoreline ORW AEC. The built upon
or disturbed area is limited to no ore than 25% of the area located 575 feet landward
of the mhw contour. Also, no eng' eered stormwater system can be utilized to control
the run off from the "built upon are s" in order to bring the project into conformity with
the rules. The project has been desi ned to conform with the current regulations for ES
ORW AEC. As stated above the av 'lable "built upon area" of each lot has been limited
to 4854 S. F. as calculated by DE . Further the building envelopes for each lot have
been determined and show on the p ans (sheet 2 of 5). The proposed roads and available
disturbance values will result in approximately 24.9% coverage of the tract including
approximately 131058 S. F. of wilt upon area for the houses and an additional
approximately 41644 S. F. of road coverage.The project appears to be consistent with
the Land Use Plan for the Town. The density values appear to be consistent with the
Limited Transition classification. T e R20 zoning provides the least dense use of land
within the Town. The area has recently undergone a zoning change from CON-D to R20.
This change has apparently received Criticism from a portion of the Town's citizens. Our
observations of the high ground porttion of the tract along with the location of the 404
wetlands led us to believe that the ea identified for development is suitable for that
activity. Due to the apparent excell nt quality of the two water bodies adjacent to the
project area (i.e., ORW, open Shell shing and primary nursery area) there is the distinct
possibility that degradation could ur with the cumulative impacts of each property
owner requesting to exercise their flight of riparian access to these waters. There are
twenty-five (25) lots platted with riplarian rights. Under current rules each of these lots
could have up to four slips each f?r a total of one hundred (100) total slips for the
project. As stated above, at present here is no indication of any common access to these
waters. There are an additional three subdivisions under review along these water bodies.
A total of approximately 62 lots wit in these four subdivisions appear to have riparian
rights. Using the current guidelines total of 248 boats slips would possible for these
lots. The combined length of shoreline along Mason Creek is approximately 4000 feet
interrupted by that portion which is identified as the Onslow County Access Facility.
This property has several 100 fee of non-divided riparian access shoreline. It is
apparent, in the case of these sub ivisions, that the cumulative impact of the total
possible number of boat slips must Abe considered. There are also areas identified as
shellfish leases located within Mason Creek. Although it is not known at this time if all
of them are active, consideration m st be given to the possible impacts of future boat
access activity on those that are. In o der to protect these waters to the maximum extent
possible, boat access should be limi ed to that which can be provided by a common
feature of minimal design.
Submitted by: C. Robert Stroud, Jr? Date: 9/14/93 Office: Wilmington
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-i
tion, filling, paving, land clearing, and stormwater con
trol. If the requested information is not relevant to youi
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
inc.
crystai snores,
a. Name Joel Tomaselli, President
Address 2840 South College Rd Suite 356'
CityWilmington State NC I?
Zip 28412 Day phone ( 919 ) 313-0660 t
X Landowner or Authorized ag*t
b. Project name (if any) Crystal ShnrPs TT
c. If the applicant is not the landowner, also give the
owner's name and address.
c
i
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NCSR 1568
b. Cit , town, community, or landmark
North Topsail Beach
c. County Onslow
d. Is proposed work within city limits or planning
jurisdiction? North Topsail Beach
e. Name of body of water nearest project
Alligator Bay
3 DESCRIPTION AND PLANNED US
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?
d. Describe the planned use of the project.
27 lot residential subdivision
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 77.7 acres +_
b. Size of individual lot(s)smai last lot 0,1 q2 S. F.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum '
2 Ft- - 6 Ft. above M.S.L.
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Live oaks, beach, grasses
and other maritime vegetation.
f. Man-made features now on tract
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?
OF PROPOSED PROJECT i. How are adjacent waters classified?
SA/ORW
a. Describe all development activities you propose (fo ,Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead : I ?,-; carried out for xhe tract? No If so, by whom?
or pier). Streets, water ins and sewer; u "? V I
mains to serve 27 lot residential
- ALL 093
I
DIVIS!GN OF _
3/91 CO STAL MANAGEMENT
5 UPLAND DEVELOPMENT I
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed None planned by
Developer-private homes b indiv:
0 owners.
b. Number of lots or parcels 27
c. Density (Give the number of residential units and
unitsperacre.) 27 residential units, 0
units/acre
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan a
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as mar], paver stone,
or concrete, to be used for paved surfaces.
h.
1.
j•
k.
1.
2
u appiluavic, ildb a SW111IWalc1 lllall48c1lIVIIL Awl
been submitted to the Division of Environmental
Management? Yes
Describe proposed sewage disposal and/or waste
water treatment facilities.
11 gravi tV nnl l ertnn mar i ng find a°ta@Mg
tam= gtotinn *„ he rnnnerted tri North
r
Tnpeai l Water and Se-e
Inc- System - r
,'
-
Have these facilities received state or local approval?
Approval pending
Describe existing treatment facilities.
N/A
i
Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/A
m. Water supply source 6nslow County
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
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 homeowners will
comply with local flood ordinance
regulations as enforced by Building
insnector.)
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
(NII.W) 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
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
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other ;
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragEne, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 150 feet.
b. Average distance waterward of mean high water or
normal water level Bulkhead above mean high
water line
3/91
c. Shoreline erosion during preceding 12 months, in
feet 0
d. Type of bulkhead material wood
e. Amount of fill, in cubic yards, to be placed below
mean high water nnna
f. Type of fill material
N/A
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, t1lat
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 tie advised ly the app(icarit?
that opportunity. AUG I i('
DIVISI:)"I Or
COASTAL MANAGEif ENT 3.
Name Mr. John A. Elmor
Address Porters Neck Comp
1202 Porters Neck
Wilmington, NC 28
Name Mr. George Jeffre
Address PO'Box 188
Name
Address
Goldsboro, NC 27533 1
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
4is day of 19r or A thorized agent
4 1 3/91
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MEAN HIGH WATER LINE
WOODSLINE
404 WETLANDS LINE
SWALE
CRYSTAL SHORES DR.
SWALE
WOODSLINE
404 WETLANDS LINE
EDGE OF MARSH
APPROXIMATE MEAN
LOW WATER LINE
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DIVISION OF COASTAL MANAGEMENT
LD INVESTIGATION REPORT
1. APPLICANT'S N : Crystal Shores II (Joel Tomaselli, President)
2. LOCATION OF PROJECT SITE: Between Alligator Bay and Mason Creek adjacent
to existing airport - wn of North Topsail Beach - Onslow County
Photo Index - 1989: :167:9 Grids M-0;6-9 1984: 25:274 Grids K- -2-5 State Plane Coordin tes - X: 2477400 Y: 276200
3. INVESTIGATION TYPE: CAMA
A I _ 6
4. INVESTIGATIVE ROCEDURE: Dates of Site Visit - 7/13/93 I
Was Applicant Present - yes (ag nt) WpWETLANDS Y s tC?,r!
--- .. _
5. PROCESSING PR CEDURE: Application Received - cc:9/10/93
Office - Wilmington
6. SITE DESCRIPTI .
(A) Local Land se Plan - North Topsail Beach
Land Class' cation From LUP - Limited Transitional
(B) AEC(s) Invo ved: ES(ORW)
(C) Water Depe dent: No
(D) Intended Us : Residential Subdivision
(E) Wastewater reatment: Existing - N/A
Planned - Private system available
(F) Type of St ctures: Existing - Culvert under existing access road
Planned - Single Family residences
(G) Estimated An nual Rate of Erosion: N/A
Source - N1, i
7. HABITAT DESCRIPTION: [AREA]
I DREDGED FILLED OTHER
(A) Vegetated Wetlands
N/A
(B) Non-Vegetated Wetl ds
N/A
(C) Other Appx. 3.96 Appx. 15.9
High ground develop ed acres acres
(D) Total Are;
(E) Primary P
(F) Water Ch
8. PROJECT SUM
of a tract of land
Topsail Beach. T]
Disturbed: Appx. 3.96 acres
irsery Area: yes
sification: SA-ORW Open: Yes
[ARY: The Applicants propose to develop the high ground portion
ocated adjacent to the existing airport (landing strip) within North
re are 27 residential lots plated for the project.
Crystal Shores II
Page 2
9.
The project is loca ed within the Town of North Topsail Beach adjacent to the
existing airport/landi g strip. It is also located between Alligator Bay and Mason Creek
(a sub-embayment off Alligator Bay). The applicant's Engineers/Consultan ts have
indicated on the project plats that approximately 77.7 acres are in the tract. Our
calculations indicate hat of that amount approximately 15.9 acres are located above the
mean high water (mh ) elevation. The waters are classified as SA Outstanding Resource
Waters (ORW) by he Division of Environmental and are open to shellfishing as
determined by the Shellfish Sanitation section of the Division of Health Services. The
Division of Marine F sheries have designated the waters as a Primary Nursery Area. The
Division of Coastal anagement has designated the high ground adjacent to these water
bodies as an Estuari e Shoreline Outstanding Resource Water Area of Environmental
Concern. The federa 404 wetlands on the tract have been identified and platted. There
is no Ocean front as ociated with this project. There is an unimproved road bed which
extends from SR 15D8 to the landing strip located adjacent to the project. This road
crosses Mason Creek by means of a fill causeway with an existing culvert providing
connections to the pper end of the Creek. This culvert has partially failed on the
downstream side bill, the failure has no effect on the integrity of the causeway. This
project is located witin an area identified as an A-zone on federal flood insurance maps.
However the general area of the project is also located in the area where federal flood
insurance is not available. The area is classified as limited Transitional by the Land Use
Plan recently approv d for the Town of North Topsail Beach by the Coastal Resources
Commission.
The Applicant's En meers/Consultants have submitted plans to develop the available
portion of the grope Ity into 27 residential lots. Building envelopes have been identified
for each of these lots1based on the U. S. Corps of Engineer's wetland (404) line. The use
of the lots has been rther restricted by the calculation of available "built upon area" by
the NC Division of nvironmental Management. This figure has been determined to be
approximately 4854 S. F. and has been recorded in the Protective Covenants recorded
for the Subdivision. In order to access the property in a safer manner the applicants
propose to improve he existing connecting road leading to the tract from SR 1568. The
feature will be impr ved to a 20' travelway and will have one cul-de-sac located at the
northwest side of th tract. In order to cross the portion of Mason Creek the applicants
propose to bulkhead the existing causeway and repair the existing culvert. There will be
approximately 66 ft ear feet of bulkhead built on the west side of the road in two
sections to either side of the 48" culvert. On the east side approximately 75 linear feet
will be built also in T10 sections broken by the culvert (See Sheet 5 of 5). Approximately
4' of the existing c lvert which has partially failed will be removed and will not be
replaced. The travel ,ay will be reduced to approximately 15 feet for this crossing with
a vehicular turnout rovided at either end to allow for one-way traffic flow. There are
no common access orridors shown on the plan for this subdivision. Each of the lots
appears to have indi ,idual riparian access rights.
Crystal Shores II
Page 3
10.
The project is located e ntirely within the Estuarine Shoreline ORW AEC. The built upon
or disturbed area is li mited to no more than 25% of the area located 575 feet landward
of the mhw contour. Also, no engineered stormwater system can be utilized to control
the run off from the "b jilt upon areas" in order to bring the project into conformity with
the rules. The project as been designed to conform with the current regulations for ES
ORW AEC. As stated Bove the available "built upon area" of each lot has been limited
to 4854 S. F. as calcu ated by DEM. Further the building envelopes for each lot have
been determined ands ow on the plans (sheet 2 of 5). The proposed roads and available
disturbance values wil result in approximately 24.9% coverage of the tract including
approximately 13105 S. F. of built upon area for the houses and an additional
approximately 41644 . F. of road coverage.The project appears to be consistent with
the Land Use Plan fo the Town. The density values appear to be consistent with the
Limited Transition cla sification. The R20 zoning provides the least dense use of land
within the Town. The ea has recently undergone a zoning change from CON-D to R20.
This change has appar ntly received criticism from a portion of the Town's citizens. Our
observations of the hig h ground portion of the tract along with the location of the 404
wetlands led us to bel eve that the area identified for development is suitable for that
activity. Due to the a parent excellent quality of the two water bodies adjacent to the
project area (i.e., OR , open Shellfishing and primary nursery area) there is the distinct
possibility that degrad ation could occur with the cumulative impacts of each property
owner requesting to e ercise their right of riparian access to these waters. There are
twenty-five (25) lots p atted with riparian rights. Under current rules each of these lots
could have up to fou slips each for a total of one hundred (100) total slips for the
project. As stated abo e, at present there is no indication of any common access to these
waters. There are an ad ditional three subdivisions under review along these water bodies.
A total of approximate ly 62 lots within these four subdivisions appear to have riparian
rights. Using the curre nt guidelines a total of 248 boats slips would possible for these
lots. The combined le gth of shoreline along Mason Creek is approximately 4000 feet
interrupted by that po rtion which is identified as the Onslow County Access Facility.
This property has se veral 100 feet of non-divided riparian access shoreline. It is
apparent, in the case of these subdivisions, that the cumulative impact of the total
possible number of bo at slips must be considered. There are also areas identified as
shellfish leases locate within Mason Creek. Although it is not known at this time if all
of them are active, co nsideration must be given to the possible impacts of future boat
access activity on thos that are. In order to protect these waters to the maximum extent
possible, boat access should be limited to that which can be provided by a common
feature of minimal de ign.
Submitted by: C. Rogert Stroud, Jr. Date: 9/14/93 Office: Wilmington
Please type or print. Carefully describ
development activities, including cons
tion, filling, paving, land clearing, and
trol. If the requested information is no
project, write N/A (not applicable). It
must be completed for all projects. e all anticipated
uction, excava-
' tormwatcr con-
,i relevant to your
ems 1-4 and 8-9
1 APPLICANT
rys a ores, nc
a. Name Joel Tomaselli Pre .
ident
Address 2840 South College [Rd Suite 356
CilyWilmington State 1 1C
Day phone 1
Zip 28412 13-0660
_
X Landowner or
b. Project name (if arty) crystal Authorized agent
$hor .s TT
c. If the applicant is not the landown
owner's name and address. r, also give the
t
i
2 LOCATION OF PROPO
PROJECT SED
a. Street address or secondary road
NCSR 1568 umber
b. City, town, community, or landma
North Topsail Beach ?k
c. County Onslow _
d. Is proposed work within city limit
jurisdiction? North Topsail or planning
each
e. Name of body of water nearest pr
Alligator Bay ject
3 DESCRIPTION AND P
OF PROPOSED PROD ANNED USE
CT
a. Describe all development activiti s
example, building a home, motel,
or pier). Streets water, ma
mains to serve 27_lot; re
subdivision.
- you propose (for
marina, bulkhead,
ns and sewer,
idcnt.al
---
----------------
,/91
If you plan to build a marina, also complete and
attach Fonn 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?
d. Describe the planned use of the project.
27 lot residential subdivision
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 77. 7 acres + -
b. Size of individual lot(s)Smal 1 est lot 20,192 S F.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 Ft. - 6 Ft. above M.S.L.
d. Soil type(s) and texture(s) of tract
Sand
c. Vegetation on tract Live oaks, beach grasses
and other maritime vegetation.
f. Man-made features now on tract Airport
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. }low is the tract zoned by local government?
R20
i. How are adjacent waters classified?
_SALORa --- -- -- ---
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
5 UPLAND DEVELOPMEN
Complete this section if the project incl es any land
development.
a. Type and number of buildings, facil i ies, or
structures proposed None planned by
Developer-private homes b Individual
0 owners.
b. Number of lots or parcels 27
c. Density (Give the number of residen ial units and the
unitsperacre.) 27 residential nits, 0.34
units/acre
d. Size of area to be graded or disturb
2. Acres
e. If the proposed project will disturb ore than one
acre of land, the Division of Land R sources must
receive an erosion and sedimentatio control plan at
least 30 days before land disturbing ctivity begins.
If applicable, has a sedimentation erosion
control plan been submitted to the Division of Land
Resources? Yes
f. Give the percentage of the tract wit in 75 feet of
mean high water to be covered by i permeable
surfaces, such as pavement, building s, rooftops.
None
?. List the materials, such as marl, pay r stone, asphalt,
or concrete, to be used for paved su
Asphalt faces.
1. If applicable, has a stormwater ma agement plan
been submitted to the Division of E vironmental
Management? Yes
Describe proposed sewage disposal and/or waste
water treatment facilities.
ff
pump .st.at.i nn to he rnnner PH to North
Have these facilities received state r local approval?
Approval pending
<. Describe existing treatment faciliti s.
N/A
Describe location and type of disc u rges to waters of
the state (for example, surface run f f, sanitary
wastewater, industrial/commercial fflucrnt, "wash
down").-N11i -- - -
--
m. Water supply source Onslow Counter _
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A (Individual homeowners will
comply with local flood ordinance
regulations as enforced by Building
inspector.)
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).
Access channel
(MLW) or (NWL)
Length Width Depth
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
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/()l
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal ar a?
If not, attach a letter granting permi
owner.
i. Will a disposal area be available for
maintenance? Sion from the
future
If so, where?
j. Does the disposal area include any
swamps, or water areas? arshland,
k. Will the fill material be placed belo
water? w mean high
1. Amount of fill in cubic yards
m. Type of fill material
_
n. Source of fill material
o. Will fill material be placed on mar
wetlands? or other
p. Dimensions of the wetland to be fil led
q. How will excavated or fill material
and erosion controlled? be kept on site
r. What type of construction equipm
(for example, dragline, backhoe, o
dredge)'? nt will be used
hydraulic
s. Will wetlands be crossed in transp
to project site? If yes, explair
be taken to lessen environmental im rting equipment
steps that will
pacts.
7 SHORELINE STABILIZA TION
a. Length of bulkhead or riprap _1_-
b. Average distance waterward of ITT
normal \?,atcrlcvcl Bulkhead at
wager l i ne
/y l an high water or
ve mean high
c. Shoreline erosion during preceding 12 months, in
feet 0 _
d. Type of bulkhead material wood
c. Amount of fill, in cubic yards, to be placed below
mean high water none
f. Type of fill material N/A
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 Nvork plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 l white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings arc preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies arc 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 stornnwater 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.
Iii.
Name
Address
Name
Address
Name
Address
Mr. John A. Elmore I
Porters Neck Company, Inc.
1202 Porters Neck Ben
Wilmington, NC 28405
Mr. George Jeffreys
PO 'Box 188
Goldsboro, NC 27533 1
A list of previous state or federal per its issued for
work on the project tract. Include permi numbers,
permittee, and issuing dates.
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any pen-nit 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
A check for $250 made payable to the cpartment of project.
Environment , Health, and Natural Res rces to cover
the costs of processing the application. 4dw day of 19 3
A signed AEC hazard notice for proje is in oceanfront
and inlet areas. cr or A thorize d agent
A statement on the use of public fun . If the project
involves the expenditure of public fund ,5, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 1 3A-1 to 10).
4 1 3/91
SEP-27-1993 15:39 FROM EHNR W I LM REG OFFICE l u O-91'x- I JJ- 1 JJU Fl. 01
State of North Carolina
Department ?f Lnvirownent, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Governor ! Bob Jamieson
Jonatbap B. Howes, Secretary Regional Manager
AX COVER SHEET
DATE:
TO:
CO:
FAX #:
REMARKS.
NO. OF PAGES l
FROM:
CO:
FAX #: 35Q- '--IJOQ ?
127 Cardinai Drivo ExtenRion, jwilmington, N.C. 2840538AS • Telephone (919) 395-3900 • Fax (919) 350-2004
An Equal Opportunity Af'firnuuive Action Employer
i
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TOTAL P.01