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HomeMy WebLinkAbout19941108 Ver 1_COMPLETE FILE_19940129State o North Carolina, Department of Environment, Heath and Natural Resources OEC U 2 1994 w;Smington Regional Office Division of Coastal Management___________________________ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director W?y IFA A -W 14 17** ?EHNR December 2, 1994 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Thomas Dale Project Location: Lot 8, Galleon Bay Subdivision, Highway 1568, N. Topsail Beach Proposed Project: To build a bulkhead, a high-ground, covered boat basin containing 2 slips and a dock on a private lot adjacent to a man-made canal off of the Atlantic Intracoastal Waterway. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 1994. If you have any questions regarding the proposed project, please contact Janet Russell at extension 249. 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 r DATE 'in 11S- 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKINS DATE: January 13, 1995 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 94 PERMIT NO.: 941108 COUNTY: Onslow PROJECT NAME: Thomas Dale PROJECT TYPE: Boat Basin PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: December 2, 1994 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030502 *STREAM OR ADJACENT WATER BODY: AIWW CLASS: SA STREAM INDEX #: 19-39-(3.5) *O WL IMPACT: Yes WL PEN OR CLOSED: Open JCF?I?O TYPE: 'k' 4?I ?I WL QUESTED: 0.005 WL ACR EST: Yes WL SCORE: N/A ch/1Ntq?s MITIGATION: N/A MITIGATION TYPE: N/A s MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to construct a bulkhead, boat basin and dock on a man-made canal. WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: Conversations with the applicant indicate that dredging will not be done with a hydraulic dredge, spoil material will be contained on site, and that the basin will be excavated no deeper than adjacent waters (approximately -4' MLW). That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Janet Russell John Parker -? ?y?/off DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT RECEM DEC " 9 1994 1. APPLICANT'S NAME: Thomas Dale ENV9itOfWE dTAL 601E" M 2. LOCATION OF PROJECT SITE: Lot 8, Galleon Bay Subdivision, Highway 1568, North Topsail Beach, North Carolina/Onslow County Photo Index - 1989: 4 167 15 GR R-11 1984: 25-277 GR 0-13 State Plane Coordinates - X: 2 490 700 Y: 282 100 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 25, 1994 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: November 10, 1994 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town Of North Topsail Beach Land Classification From LUP - Limited Transition (B) AEC(s) Involved: ES, PT, EW, OH (C) Water Dependent: Yes (D) Intended Use: Residential Lot/Private Use (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Bulkhead, Covered High Ground Boat Basin & Dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 225 Sq. Feet (B) Non-Vegetated Wetlands Covering Existing Public Trust Waters 320 sq. ft. (C) Other 600 Sq. Feet High Ground (D) Total Area Disturbed: 825 Sq. Feet (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUNEVIARY: The applicant is proposing to build a bulkhead, a high-ground, covered boat basin containing 2 slips and a dock on a private lot adjacent to a man-made canal off of the Atlantic Intracoastal Waterway. Thomas Dale / Page 2 9. PROTECT DESCRIPTION The applicant, Mr. Thomas Dale, proposes to bulkhead a private lot and construct a dock adjacent to a man-made canal off of the Atlantic Intracoastal Waterway. The applicant also proposes to excavate approximately 225 square feet of wetlands and coastal marsh and 600 square feet of high ground to construct a covered boat basin that would provide two boat slips (square footage includes disturbance for bulkhead). Approximately 320 square feet of public trust waters would be covered/shaded by the dock and basin roof. Mr. Dale's lot is approximately 0.34 acres in size, relatively flat, and vegetated in cactus and pennywort. There are existing residences on either side of his lot. At this time Mr. Dale's lot is undeveloped. However, a Minor Permit has been issued by the Town Of North Topsail Beach for a residence to be constructed on the lot. The property falls within the Estuarine Shoreline as well as the Ocean Hazard Area of Environmental Concern. The Atlantic Ocean is located on the other side of Highway 1568 from Mr. Dale's property. This lot drops off 1-3' following the waterward edge of the property and is bordered by a marsh fringe waterward of the escarpment. The proposed bulkhead is to be located landward of any and all wetland vegetation. However, excavation of a boat basin would remove approximately 225 square feet of the wetland fringe. Coastal wetland species that would be affected include Spartina alterniflora and S_partina patens. Some federal wetland species may also be impacted by the excavation. The remaining impacts would be to the high-ground portion of the lot, approximately 16' by 28' in size or 448 square feet. This lot falls within the Town Of North Topsail Beach's jurisdictional limits and is classified as Limited Transition by the Land Use Plan. The waters of the canal are classified as SA by the Division of Environmental Management. The waters are open to the taking of shellfish and are designated as primary nursery area by the Division of Marine Fisheries. At the time this permit package was accepted as complete, we were unaware that the Town Of North Topsail Beach considers the covered boat basin to be a structure and requires a minimum of 8' sideyard setback from the property line. 5' is what was proposed by the applicant. Any permit that would be issued would conform to the 8' minimum sideyard setback. A Major Permit, #35-91, for a bulkhead was issued on March 4, 1991 to Mr. Homer J. Prince, Jr. for bulkhead work on this same lot. The work was never started and Mr. Prince has since sold the lot to Mr. Dale. Permit #35-91 expires on December 31, 1994. Mr. Dale approached the Division about transferring, modifying and extending the Prince Permit. Since so much has changed, it would be our recommendation that a new permit, under Mr. Dale's name, be issued for the proposed work. 10. ANTICIPATED EMPACTS Potential impacts include shallow-bottom disturbance and removal of approximately 200 square feet of wetlands. The total proposed disturbance on the lot will be approximately 825 square feet for the bulkhead and boatbasin construction. A temporary turbidity increase in the canal during excavation and construction is likely. Some shading of public trust waters would also result from the covered basin. Submitted by: Janet Russell 12-01-94 Wilmington Plepse type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT IL Name F THOMAS DALE Address BOX 2033 CitSNEADS FERRY State NC Zip 28460 Dayphone (910) 328-3446 XXX Landowner or Authorized agent b. Project name Cif any) N/A c. If the applicant is not the landowner, also give the owner's name and address. N/A 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? Private d. Describe the planned use of the project. Prevent erosion 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.34 Acres b. Size of individual lot(s) N/A I (? a6 o 2 LOCATION OF PROPOSED") of tract above mean sea level or IJ Natil Inall?Geodetic Vertical Datum 5 11 , 1 PROJECT 6 NOV 10 d"9Soil type(s) and texture(s) of tract DIVISION O White sand a. Street address or secondary road number various types of NCSR 1 568 COASTAL MAN,d,GYqEffinontract beach grass b. City, town, community, or landmark N TOPSAIL BEACH NC f. Man-made features now on tract None C. County ONSLOW d. Is proposed work within city limits or planning jurisdiction? yes e. Name of body of water nearest project Canal leading to intrarnastal waterway 3 DESCRIPTION AND PLANNED USE . OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Bulkhead and covered boat slip g. What is the LAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation XXX. Transitional Limited Developed Community Rural Other h. How is the tract zoned by local government? R-10 i. How are adjacent waters classified? SA j. Has a professional archaeological survey been carried out for the tract? N If so, by whom? 3/91 1 5 UPLAND DEVELOPMENT Complete this section if the project includes any land developmem a. Type and number of buildings, facilities, or structurasproposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? L 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 marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. L Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). m. Water supply source 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? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin TFM?l , Other (bre aks-? water, pier; boat ramp, NO rock jetty) Fill placed ' D1% T7Q wetland or DellowSTAL MHW Upland fill areas 10199 NAGEMENT 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 Length Width Depth 41. 2 3/91 L Dimensions of spoil disposal area g. Location of spoil disposal area c. Shoreline erosion during preceding 12 months, in feet 0 d. Type of bulkhead material treated wood Amount of fill, in cubic yards, to be placed below mean high water 0 Type of fill material NIA e. IL Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. f. i. Will a disposal area be available for future maintenance? If so, where? 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, 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 mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material 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. o. Will fill material be placed on marsh or other wetlands? 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 1/2 x 11 white paper. (Refer to Coastal Resources 4 v ission Rule 7J.0203 for a detailed description.) q. How will excavated pr fill materiz kept on site and erosion controlled? P a note that original drawings are preferred and =gh 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 v v r mny Corps of Engineers regarding that agency's &QAv SNAG E r. What type of construction equipr (for example, dragline, backhoe, or hydraulic e larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed dredge)? to guide ency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 8 0 f e e t b. Average distance waterward of mean high water or normal water level 3 f e e t 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 MISTROUGH, Robert Name Address PO BOX 233 SNEADS FERRY NC 28460 Name KING,Kenneth W, Jr. Address PO BOX 413 JACKSONVILLE NC 28540 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. HOMER J PRINCE Jr. # 35-91 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 the application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the 9 day of NOVEMBER 19 94 'Ale X ;7-7261Z ?a? Landowner or Authorized agent G, 171B NOV 14 1994 DIVISION OF OOASTA[_ MANAGEMENT 4 3/91 ?- % AMR f ?,, --•. • ( iTn ' t.- " F., 'd[ (i.Y. F ".?. M '•J P y, ?i 1 ". n"f... ! l '? 1 -' ? Y . T -'ir f ??,?yil.?s •t ?'F *? 9l?i T ?Q `?.? 2 ry. .y '.C' " Y J ? r J ,? / ? f 1? s {`a, tt? I;r, •',; ?ffi?I? r r. J„'?t?1ti 3 `4 - AMR, jJ? ?' Y 7 f p p ° f F.7 ( fir- sy SP? ti ! ?` ? ?? A ro i .r * Xt +t??3 t°.+..f ,, r'r .3 a "?i• , rye! , Y :, r F rl? f?f . s { x ' ., ' i? tRrr ?? ??f y 5 ??3 F ?'t+?- aP 1???`?vtf,ar'?' ' ?? +Y? '?? • 1 ( ,.Ir i, ? F r ? F / x n?."'S ? _? AI ; ?j G T.na`; F? Mr. Thomas Dale Lot 8, Galleon Bav North Topsail Beach, NC Onslow Countv L?T 4-1 s I j I ? I ZC?.fi? ? N c o N NO U'' 1 0 W 4i I r z DIVISION OF GOASTAC MANAGE NT 7 CD i z i I I tAl i i i i S,t,z BAY u ?? ale NOTE S, 210 ANADY LN E ? q a MOORE I.G.RD. rry I.) FROM SOUTHERN EDGE ?NNTR1 y PERU RD.I Peru OF .SITE TO THE SNEADS 172 C(o n R ?,1 ILL r, o a i r SWAN ?N a 1323 RD ^ ? r APPROXIMATE MEAN ?i? . . . .. „ o cM o N x HIGH WATER LINE OF THE ? 7 Y u i ATLANTIC OCEAN IS 213' W Foz?. ? 3 ao. m . Sr0Nf RD JJ ?S` ?h? ( CHA n. . DLO p ?,1.. J \E DWICK c F \`gC4?l T?' a? I•fwPry ?T Q?gD ?4A z] SINGLETi\~?S :4 o o.o ? 4 a ST. RyrAC ? r ?=- . o?°s? i ? \ = U/JN?A S • ' \P/[Rf J ? Y'r G "`E Bp _ -_ i ..._ yE A I ?SIA • \\ D e r SITE RA`U "E ?NI U JU4'?,l. J11 W l I .Y SKETCH NOV 10 1994 , Y INTRACOASTAL: WATERWAY DIVISION OF COASTAL MANAGEMENT. OLD SOUND TRADE WINDS DRTV_E_ --?? CHANNEL I- -' _ - -?. 1 CANAL } GALLEON BAY SUBD SITE I zi M.B. 11, PG. 72 BAY - COURT--? xi Tom- Ig L- PROPOSED RE-LOCATION OF NCSR 1568 TO N.C. HWY210 TO NEWRIVER INLET 1 EXISTING LOCATION OF L.? -- N CSR 1568 - - -- ATLANTIC OCEAN LOCATION SKETCH PROPOSED WOOD BULKHEAD FOR. HOMER J. PRINCE, JR. QUADRANT SURVEYING INC, PA. LOT 8, GALLEON BAY JACKSONVILLE N.C. NORTH TOPSAIL BEACH , >v DATE DEC. 13, 990 STUMP SOUND TOWNSHIP ONSLOW CO. N.C.? NO SCALE SHEET i OF2 r? qj ?O'c'a?aL !~ajEr JI??? T ?----? N 71'3o'oa•Er ?' CA.IJs L-?_ h dM-' M m m rT IIIa?I IJAr?P1,?) ? Lb? 7 14,?0o So F T. 01 ??.?QI?1a5 ? E7IS1n11c..E5 ? TO P--IT 'Cj'• tri 14, 8 gr6 3Q F j. A'- I? c•1• oz'xl' 6 9,59' ? 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O, 80:'. 1570, JACKSONVILLE, NC 28541-1570 202 HARLICK STREET, JACKSONVILLE, NC 28541-1570 TELEPHUHL, (910) 455 0077 THIS 19 TO CQETIrY TINT TIE RM)ECi TY 10 .LOCATED IN ROD ZONE '. V wm{x is A WECIAL FLOOD 11AL" MU AD bttEn- KM BY na DlI AMMM of H"INC AM LaM OEYElE>rlhv. c"Oll tY PkIEL.[turn DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 21, 1994 Regulatory Branch Action ID No. 199500878 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: yak, B Enclosed is the application of Mr. F. Thomas Dale for Department of the Army authorization and a State Water Quality Certification to excavate a basin, construct a pier and covered boatslips and construct and backfill a bulkhead on a manmade canal off the Atlantic Intracoastal Waterway (AIWW), North Topsail Beach, Onslow. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. waiver has occurred. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by February 21 ,1995, the District Engineer will deem that Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, e Wrig t ief, Regula ry Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Mr. C. Robert Stroud, Jr. Division of Coastal Management Wilmington Regional Office North Carolina Department of North Carolina Division of Environment, Health and Coastal Management Natural Resources 127 Cardinal Drive Extension Post Office Box 27687 Wilmington, North Carolina 28405-3845 Raleigh, North Carolina 27611-7687 Printed on ® Recycled Paper J `1 `1L3 pdS-7 g State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management LT!XA ?EHNF? James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 1, 1994 Mr. Thomas Dale Box 2033 North Topsail Reef Sneads Ferry, NC 28460 Dear Mr. Dale: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off of Highway 1568 in North Topsail Beach, North Carolina. It was received on November 10, 1994, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 23, 1995. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or post along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, (??A )n Pr---a-?LQQ Janet M. Russell Field Representative cc: John Parker Bob Stroud Jeff Richter, COE Susan Daughtry; LPO 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone Q10-395-3900 • Fax 910-350-2004 An Fnnal f)nnnr+uni+v AffGrmo+k - Arr;- Fmn.n.,-r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thomas Dale 2. LOCATION OF PROJECT SITE: Lot 8, Galleon Bay Subdivision, Highway 1568, North Topsail Beach, North Carolina/Onslow County Photo Index - 19899: 4 167 15 GR R-11 1984: 25-277 GR 0-13 State Plane Coordinates - X: 2 490 700 Y: 282 100 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 25, 1994 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: November 10, 1994 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town Of North Topsail Beach Land Classification From LUP - Limited Transition (B) AEC(s) Involved: ES, PT, EW, OH (C) Water Dependent: Yes (D) Intended Use: Residential Lot/Private Use (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Bulkhead, Covered High Ground Boat Basin & Dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 225 Sq. Feet (B) Non-Vegetated Wetlands Covering Existing Public Trust Waters 320 sq. ft. (C) Other 600 Sq. Feet High Ground (D) Total Area Disturbed: 825 Sq. Feet (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUNEVIARY: The applicant is proposing to build a bulkhead, a high-ground, covered boat basin containing 2 slips and a dock on a private lot adjacent to a man-made canal off of the Atlantic Intracoastal Waterway. Thomas Dale / Page 2 9. PROTECT DESCRIPTION The applicant, Mr. Thomas Dale, proposes to bulkhead a private lot and construct a dock adjacent to a man-made canal off of the Atlantic Intracoastal Waterway. The applicant also proposes to excavate approximately 225 square feet of wetlands and coastal marsh and 600 square feet of high ground to construct a covered boat basin that would provide two boat slips (square footage includes disturbance for bulkhead). Approximately 320 square feet of public trust waters would be covered/shaded by the dock and basin roof. Mr. Dale's lot is approximately 0.34 acres in size, relatively flat, and vegetated in cactus and pennywort. There are existing residences on either side of his lot. At this time Mr. Dale's lot is undeveloped. However, a Minor Permit has been issued by the Town Of North Topsail Beach for a residence to be constructed on the lot. The property falls within the Estuarine Shoreline as well as the Ocean Hazard Area of Environmental Concern. The Atlantic Ocean is located on the other side of Highway 1568 from Mr. Dale's property. This lot drops off 1-3' following the waterward edge of the property and is bordered by a marsh fringe waterward of the escarpment. The proposed bulkhead is to be located landward of any and all wetland vegetation. However, excavation of a boat basin would remove approximately 225 square feet of the wetland fringe. Coastal wetland species that would be affected include Spartina alterniflora and Spartina atens. Some federal wetland species may also be impacted by the excavation. The remaining impacts would be to the high-ground portion of the lot, approximately 16' by 28' in size or 448 square feet. This lot falls within the Town Of North Topsail Beach's jurisdictional limits and is classified as Limited Transition by the Land Use Plan. The waters of the canal are classified as SA by the Division of Environmental Management. The waters are open to the taking of shellfish and are designated as primary nursery area by the Division of Marine Fisheries. At the time this permit package was accepted as complete, we were unaware that the Town Of North Topsail Beach considers the covered boat basin to be a structure and requires a minimum of 8' sideyard setback from the property line. 5' is what was proposed by the applicant. Any permit that would be issued would conform to the 8' minimum sideyard setback. A Major Permit, #35-91, for a bulkhead was issued on March 4, 1991 to Mr. Homer J. Prince, Jr. for bulkhead work on this same lot. The work was never started and Mr. Prince has since sold the lot to Mr. Dale. Permit #35-91 expires on December 31, 1994. Mr. Dale approached the Division about transferring, modifying and extending the Prince Permit. Since so much has changed, it would be our recommendation that a new permit, under Mr. Dale's name, be issued for the proposed work. 10. ANTICIPATED 51PACTS Potential impacts include shallow-bottom disturbance and removal of approximately 200 square feet of wetlands. The total proposed disturbance on the lot will be approximately 825 square feet for the bulkhead and boatbasin construction. A temporary turbidity increase in the canal during excavation and construction is likely. Some shading of public trust waters would also result from the covered basin. Submitted by: Janet Russell 12-01-94 Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT S Name F THOMAS DALE Address BOX 2 0 3 3 ci NEADS FERRY State NC zip 28460 Dayphone (910) 328-3446 XXX Landowner or Authorized agent b. Project name (if any) N/A c. If the applicant is not the landowner, also give the owner's name and address. N/A 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? Private d. Describe the planned use of the project. Prevent erosion 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.34 Acres b. Size of individual lot(s) . N/A D ? '- of tract above mean sea level or Geodetic Vertical Datum 2 LOCATION OF PROPOSE Nati 5 PROJECT N 0 V 10 YEg oil type(s) and texture(s) of tract White sand a Street address or secondary road number DIVISION O r- NCSR 1568 COASTAL MAN&Gllij ffinontract various types of beach grass b. City, town, community, or landmark N TOPSAIL BEACH NC f. Man-made features now on tract None C. County ONSLOW d. Is proposed work within city limits or planning jurisdiction? ves it. Name of body of water nearest project Cana leading to intrannastal waterway 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation XXX. Transitional Limited Developed Community Rural Other h. How is the tract zoned by local goverment? R-1 0 i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j. example, building a home, motel, marina, bulkhead, or pier). Bulkhead and covered boat slip Has a professional archaeological survey been carried out for the tract? N If so, by whom? 3/91 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings. facilities, or souctuttspmposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plaiat 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? L 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 marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? L Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. L Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). m. Water supply source 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? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (ULW) or (NWL) Boat basin ((?? , 110, Other (brelo water, pier boat ramp, NOV rock jetty) Fill placed}' D I V I weetylla'n'd or DeTowSTAL Upland fal areas Length Width Depth 71 IT 7 1.O 199 MANAGE MENT "'"` 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 x/91 L Dimensions of spoil disposal area Z. 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? c. Shoreline erosion during preceding 12 months, in feet 0 d. Type of bulkhead material treated wood C. Amount of fill, in cubic yards, to be placed below meanhigh water 0 L 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. 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 9• T. S. 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 q--opmission Rule 7J.0203 for a detailed description.) How will excavated qr fill mate ei1ept on site - I i and erosion controlled?' P ase note that original drawings are preferred and Nn „?? q4 orr"gh 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 NAG - Corps of Engineers regarding that agency's What type of construction equipriln??&t E 'm larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and Will wetlands be crossed in transporting equipment the like. to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a Length of bulkhead or riprap 8 0 f e e t b. Average distance waterward of mean high water or normal water level 3 feet 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 3 e MISTROUGH, Robert Name Address PO BOX 233 SNEADS FERRY NC 28460 KING,Kenneth W, Jr. Name Address PO BOX 413 JACKSONVILLE NC 28540 Name Address A list of previous state or federal permits issued for work on the project tract, Include permit numbers, permittee, and issuing dates. HOMER J PRINCE Jr. # 35-91 A check for $2S0 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). 4 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND. Any permit issued in response to tM ipplication will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap. proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project This is the 9 day of NOVEMBER , 19 94, Landowner or Authorized agent D 11,011HVIT NOV 10 199 ' DIVISION OF COASTAL MANAGEMENT 3/91 w -,??.raa? Sri i?Q Y 3r . _ r} 7 r f I "f _r11y?fi?} 'AV qy -EI l? ? r I?ly?? \F,1 -rli "I . . Mr. Thomas Dale Lot 8, Galleon Bay North Topsail Beach, NC Onslow County r NOT J he dsIs,, is BAY E S = 210 P G CAMADY LN I.) FROM SOUTHERN EDGE 1 EAOS ` V o.. `MOORE l^G ;G rr wuyrl<r PERU ao.? Peru ? O F .SITE TO THE 172 SN ?o t c a' ?t ?'`r ,?_ '?? swmi Pr APPROXIMATE MEAN 'ly, RD. o e ? f r HIGH WATER LINE OF THE ?+ << o ?`",y , e? °• ATLANTIC OCEAN IS 218' ? FO[M 3 _ sr L ao. rf' sS??+"' ? ` ?hE RO. OLD ??•. CHADWICK l? . 1e ppg0 h?? _ SST IET?,oM°? ,? ••a:GGr...? use h ? qE r e s WATE "Au` \liiR s ••. #O AS1AL aye% `SITE _ 8A`O I . N\-4 .? 10 ? JNJ-L WUi I Y SKETCH 1111 Ul' -- rNOV 10 1994 INTRACOASTAL" w WATERWAY DIVISION OF COASTAL MANAGEMENT- _ OLD SOUND TRADE WINDS DRTVT2 - 1 CHANNEL ( -I r-- - -•- - - - - - ?.? 1 CANAL GALLEON BAY SUBD SITE ( zl M.B. 11, PG. 72 BAY COURT/ --? ' _PROPOSE D RE-LOCATION OF N CSR 1568 TO N.C. HWY210 I 1- TO NEWRIVER INLET EXISTING LOCH 10 0 OF - - - SR 1568 ATLANTIC OCEAN LOCATION SKETCH 'ROPOSED WOOD BULKHEAD FOR. HOMER J. PRINCE, JR. _OT 8, GALLEON BAY NORTH TOPSAIL BEACH-- STUMP SOUND TOWNSHIP ONSLOW CO. N.C. ? QUADRANT SURVEYING INC, PA. JACKSONVILLE N.C. DATE=DEC. 13, 1990 NO SCALE ET I OF H 90 6-At- AL gAjEFjetj-r -- N 71oa'!= r: M d' M w ;trrrI-*'(rr1hrE. F?EAr? IiI"aH IJxro_gi E Lal 7 11,400 so.Ft. ?n 1A6.,,? a.M•tJ.?I.L.) P?E?Zi??GS e c?1TM?cES ? rr" frQ fj fa Jt..A`, T.e ro.lf ,.b„ 14•, 8?o Sct•Fi- A'-?JrFi•ot'sr'? 1.59' (T°TAL) 5 73'01' Zi' E 1.19' ?l4v 16'sB-E 9.19' .' 085'44'0i a- II•z9' iO L?•'Z5'al'E 13.95' • \6 fJ $I' s7'4-4'E (o bo' ? - 1 f,) 7a'SZ't6'E. I?.S7' cn b? sr'ly'aa"E 8.44'= a" ? -, ? 'o Pn?Q I'• _? JEarr. R.ENL?S t?.K. lyos'r(o. 8VI II,Py• 7L nits is ro cmrlr7 T114T nE /IIB.A n IO LMIEV 10 FLOW Zom '_." MULW 19 A SPECIAL ILoW IIKAM mu AS Dttm- XM IV na MAMMtr OF H"tN, AND tli" DDmmMM. wftNth Pka.it"Xii f Z!7' VIcII• rrY m W rr .g • Q• NOV 10 1994 DIVISION OF M? COAST AL MANAGEMENT LOT 0 O M N v? ?y '?sca?r?tY 4r4JT L lv7o' 4 7'00" go. 00 21•o.e' T• pJrJ °F' 11b ll?b WAY trx.' "1R?'JL ?I(f Exi6fI?tJtG IftetJ ??o (AF+PHha.j? ?If "E'rlSTlrIi(s 1?+1 plp? i`.16 • ?sKlf?'TIF{G IIL?N STI•.Y r?bL•r-?I?11MJM gJ,lord(, LIFi? V14 414fIT'°(-"SAY c.6Alarb1lo, "UnT g4•lo•Ito t3oJ?J???.-? sJ?,1??Y F??. 10?18?`14 ?D1T oMPS [?AIDE 't ?1 FE•, r? \/. PALE LoT $, 5 J P SoJIJ? >JSP o?slakJ GoJ11?Y t?G ?Fs RANC ?? ? CHARLES F. HIM & ASSOCIATES. INC. It, IS.g4 R. 0. 8C:: 1570, JACKSONVILLE, NC 28541-1570 WAe 202 HARLICK STREET, JACKSONVILLE, NC 28541-1570 ° j a30 TEUPHUM NO) 455 0077