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HomeMy WebLinkAbout19960387 Ver 1_COMPLETE FILE_19960503State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director N?5VA11 _AkAa ?EHNFi June 17, 1996 Carteret County DEM Project # 960387 COE #199603353 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Wayne Yarborough Vision Properties, LLC P.O. Box 5007 Winston-Salem, NC 27113 Dear Mr. Yarborough: You have our approval to dredge acres of waters for the purpose of establishing a marina and associated subdivision at Sea Isle Plantation, as you described in your application dated 26 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. A permanent pump- out facility shall be installed and maintained at the marina with signage posted. '$e basin and channel should be dredged so that the bottom slopes gradually toward entrance. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, 0Ho r. P .E Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker, DCM Larry Zucchino; Paton/Zucchino and Assoicates 960387.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) C 1"NJ F=1 A. Preston Howard, Jr., P.E., Director C June 17, 1996 Carteret County DEM Project # 960387 COE #199603353 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Wayne Yarborough Vision Properties, LLC P.O. Box 5007 Winston-Salem, NC 27113 Dear Mr. Yarborough: You have our approval to dredge acres of waters for the purpose of establishing a marina and associated subdivision at Sea Isle Plantation, as you described in your application dated 26 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. A permanent pump- out facility shall be installed and maintained at the marina with signage posted. *$e basin and channel should be dredged so that the bottom slopes gradually toward entrance. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, ton Ho d, Jr. P.E Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker, DCM Larry Zucchino; Paton/Zucchino and Assoicates 960387.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/100/9 post consumer paper I i f f To: John Dorney Environmental Sciences Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKIN DATE: June 4, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960387 COUNTY: Carteret PROJECT NAME: Sea Isle Plantation (Vision Properties, LLC) PROJECT TYPE: Marina PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: April 26, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Bogue Sound CLASS: SA STREAM INDEX #: 20-36-(8.5) *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: WL REQUESTED: .53 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A .p v ??F F? 00 s RECOMMENDATION: Other STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: Under Review PROJECT DESCRIPTION: The applicants propose to develop a 66 lot subdivision with a 74 slip marina within an existing highground basin. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Proposed on site community system TO BE PERMITTED BY: County IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 23,086 sq. ft. 404 IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 960387. May Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: Yes MARINA SERVICES: Yes OXYGEN IN BASIN: See comments CLOSURE OF SHELLFISHING WATERS: Yes (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMAMNDED CONDITIONS OR PERMIT RESTRICTIONS: The permit application indicates that the channel and the basin will be excavated to -5 MSL. To minimize stagnate areas, it is recommended that the basin and channel be dredged so that bottom slopes gradually towards the entrance. It is also recommended that mouth of the canal be properly maintained to prevent shoaling from restricting tidal flushing in the basin. A permanent pump-out facility should be installed and maintained throughout the life of the marina and signs should be posted around the basin indicating the location of the pumpout. cc: Central Files Wilmington Regional Office Files DCM-Charles Jones John Parker TO: John Dorney Environmental Sciences Branch DIVISION OF ENVIRONMENTAL MANAGEMENT Use Attainability Analysis for Proposed Marina Projects in Class SA Waters (Check all Appropriate Boxes or fill in Blanks) Project Name: Sea Isle Plantation Section I. Project Description A. X New Marina Marina Expansion B. New Basin (dug out of high ground) (Include specifications and sketch.) Existing Basin Expansion (Include specifications and sketch.) Natural Waters Others (Please describe below.) New marina within existing basin dug out of highground C. Proposed No. Slips 74 Existing No. Slips 0 D. Commercial Marina X Private Marina Publicly Owned Marina Other (Please describe below.) E. Description of Any Unique Characteristics or Operational Proposals. Section II. Existing Use Determination (for waters outside marina basins) A. Closure Status (check one) Open Waters X Closed Waters (by data) Date Closed April 1990 B. Will the proposed project result in any additional closed acreage? (Please attach analysis showing calculations for area of closure.) Yes X No Not Clear C. Does the area to be effected by any closure have any significant shellfish resources? Yes X No Unknown Briefly provide description of resource and any other characteristics. A shellfish survey was conducted by Paton-Zuchino & Associates. This survey indicated that within the general 200 foot radius around the mouth of the existing canal the mean density of hard clams was 0.633 per meter square. DMF's definition of a natural shellfish bed is 1.0 clam per meter square D. Has the area to be impacted by the proposed project been available for shellfish harvesting and has shellfish harvesting occurred since November 28, 1975? Yes No X Unknown E. Is the entire area to be impacted by the proposed project currently unavailable for shellfishing because of the DHS Marina Rule or other irretrievable man induced impact? X Yes No If yes, briefly describe below. Currently the existing basin is closed to shellfishing and there is a closure outside the mouth of the basin in a 150' radius. This area is closed by data. The current proposal to create 74 slips within the existing basin will not result in any additional closure. Section III. Attainable Use Determination (To be Completed Only if the Answer to II.A is Closed Waters (by Data), and if the answers to II.C and II.D are No). A. What are the major sources of pollution causing the closure? Unknown, however, there is a 48" stormwater discharge pipe which was constructed into the basin around 1975. This as well as other non-point source runoff could be having an impact on the basin. Additionally, current depth profiles indicate that the basin is deeper than the canal, probably_ causing staanant conditions within the basin. B. What actions are required to reduce or eliminate these existing sources of pollution? Eliminate outfall. Fill in basin. C. Can the areas be expected to be open for shellfishing given reasonable efforts to control the existing sources of pollution? Explain. The existing basin is located in an area which currentlv has no upland development. It is unlikely expect that the existing sources of pollution, if identified, could be abated i.e., convincing NC DOT to move a 42" outfall pipe or that the basin would be filled in. Section IV. Project Decision A. Recommend Project Denial There has been a recent shellfishing use (Answer to II.D is Yes) and the area is not currently irretrievably closed (answer to II.E is No). OR Shellfishing is a reasonably attainable use according to Section III. OR Insufficient information (Answers to II.C and/or II.D are Unknown) B. Recommend Project Approval X There has not been a recent shellfishing use (Answer to II.D is No) and shellfishing is not a reasonably attainable use according to Section III. OR The entire area is irretrievably lost to shellfishing as a result of the DHS Rule or other irreversible man-induced impact (Answer to II.E is Yes) C. Conditions to be Included in the Permit (check appropriately) X Pump-out Facilities Only Boats W/O Heads X Locked-Head Policy X No Transient Docking X No Live-Aboards D. What additional information is required to make an informed permit decision? This analysis and recommendation has been prepared by the Wilmington Regional Office. Date This evaluation of the attainability of shellfish uses in the waters in the vicinity of Bo ue Sound is approved by: Water Quality Section Date Director's Office Date A. Preston Howard, Jr., P.E. Director DEPARTMENT OF THE ARMY ?jej\777el))) WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 1, 1996 rX Regulatory Branch Action ID No. 199603353 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: C\ { Enclosed is the application of Vision Properties, LLC, for Department of the Army (DA) authorization and a State Water Quality Certification to excavate a basin, canal and channel, construct marina dockage for 74 boats and construct two (2) community piers on Bogue associated with a 66 lot subdivision, Sea Isle Plantation, Indian Beach, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification by 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 1, 1996, the District Engineer will deem that waiver has occurred. i. -2- Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, Ernest Jahnke Field Office Manager Wilmington Field Office Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 ?, f??3 3 53 RECEIVED DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT AFAR 2 ; !7tiO 1. APPLICANT'S NAME: Sea Isle Plantation (Vision Properties, LLC) 4k6ULA1(JWY KRMCN 2. LOCATION OF PROJECT SITE: on Bogue Banks and on the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Photo Index - 1995:38-467,R-11 1989:159-26,L-14 State Plane Coordinates - X: 2639200 Y: 349400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/5/96 3/26/95 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 3/22, 4/2, 4/15/96 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Indian Beach Land Classification From LUP - Transitional Residential (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: Yes & No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Planned -On site. community system (F) Type of Structures: Existing - Planned - Residential structures and associated infrastructure including a marina facility (G) Estimated Annual Rate of Erosion: slight Source - personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands f 310,950 ft.s shallow water bottom areas (including basin,entrance and access channel areas) (C) Other ± 20 acres Highground (Maritime Forest Complex) (D) Total Area Disturbed: f 27 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes & No 8. PROJECT SUMMARY: The applicant is proposing to develop a 66 lot subdivision with an qPO I associated 74 slip marina facility. ntw to "e A Aw c0?a? ONE I FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's "tract" is an approx. 50 acre area located on Bogue Banks and in the eastern section of the Town of Indian Beach. Of this "tract", only f 38 acres is above the mean high water line. The property is bordered on the south by NC Highway 58, on the north by Bogue Sound, on the east by a residential subdivision and on the west by undeveloped property. The majority of the property consists of a classic maritime forest complex with, elevations ranging up to t 35' mean sea level. Several wetland pockets exists within the dune swales and are located throughout the project area. The shoreline of Bogue Sound consists of a border of Coastal Wetlands ranging up to f 350' in width. The majority of this wetland area is vegetated by spartina altendflora and is below the mean high water line. This property land represents one of the few remaining large, developable tracts of land available on Bogue Banks. Portions of the property have, however, been disturbed in the past. In 1973, a State Dredge and Fill Permit (#510) was issued to a previous landowner and authorized the excavation of a large, two component, inland boat basin (f 6 acres) with an access channel into Bogue Sound. The work was completed and a significant portion of the immediate shoreline area was filled with spoils from the dredging operation and/or disturbed. The upland property was never developed nor was the boat basin. Around 1975, the NC Department of Transportation received permits to improve NC Hwy 58 and as a part of these improvements, a ± 48" stormwater discharge pipe was installed from the road right of way into the basin area. Today, the property remains basically undeveloped except for an occasional trash pile thrown in the upland areas and an occasional boat which may seek refuge in the basin during storm conditions. The shoreline of the basin area has become fairly stabilized with shrubs and vegetation with an irregular border of primarily spartina alterniora vegetation growing along portions of the basin shoreline. The previously excavated access channel in Bogue Sound for the most part has filled to adjoining depths although one can still detect portions of the channel. The existing water depths of the entrance channel and basin are up to f -4' mean low water (MLW) deep. The waters of Bogue Sound and the boat basin are classified as SA waters. The waters of Bogue Sound immediately adjacent to the existing entrance channel are closed to shellfishing within a 150' radius while the surrounding Bogue Sound waters areas are open. The waters within the entrance channel and basin are also closed to shellfishing. Bogue Sound is noted for significant areas of shellfish, submerged aquatic vegetation and other productive marine fisheries resources with commercial quantities available and routinely harvested. The applicant has mapped the areas of rooted submerged aquatic vegetation along the project area and has included with the permit application information concerning the results of a shellfish survey undertaken by a consultant. At this time, the Division of Marine Fisheries has not completed their investigation of the site and the data supplied by the applicant. Bogue Sound is also noted as an important recreational boating area with a large number of vessels traversing the waters, particularly during the summer months. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #3 The applicant is proposing to develop this property into a 66 residential lot subdivision with associated infrastructure and amenities. Also included in the project is the construction of a 74 slip marina which will be located within the confines of the existing basin area. Plans included with the application indicate that the proposed subdivision will result in f 20 acres of maritime forest vegetation and topography being graded, filled or otherwise disturbed in conjunction with the infrastructure required for the subdivision development. Sewage disposal is proposed to be accommodated by a tertiary treatment wastewater treatment plant with low pressure effluent disposal which is to located in an area adjacent to NC Hwy 58. Potable water will be available by an existing public water supply system which is available along the right of way of NC Hwy 58. The installation of the road system and the future preparation of lots for development will cause the filling of f .53 acres of 404 wetlands. The proposed 66 lot subdivision will be clustered for the most part around the existing boat basin and on Bogue Sound. Minimum lot size will be 10,000 ft.2 The applicant has requested low density storm water approval from the Division of Environmental Management. The Estuarine Shoreline Area of Environmental Concern occupies ± 8.9 acres within the project area. The applicant has indicated that the amount of impermeable area within this AEC will be: 2.17 ac. in rooftop areas, .49 ac. in roads and .02 ac. in a concrete walkways. The proposed development of a marina facility will require the re-excavation of the access channel, boat basin and entrance channel (the area from Bogue Sound to the basin area) to the original permitted dimension. Plans submitted with the application shows the proposed result in the excavation of an access channel in Bogue Sound which is proposed to be f 1225' long x ± 30' wide (bottom width) to a depth of -5' MLW. The f 550' x f 100' long entrance channel and the f 1200' long x f 80' to f 240' wide basin is also proposed to be excavated to a depth of -5' MLW. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoils being pumped to 2 diked disposal areas within the project area. The marina will consist of 74 wet slips within the existing 6 acre marina. A series of 6' wide catwalks are proposed in order to gain access to a 8' wide parallel dock within the basin. Off this main dock, 6' wide finger piers will provide access for each boat slip. According to the application, the marina is designed for both sail and motor boats ranging in lengths from 18' to 45'. The marina slips will be owned by residents of the development and may also include some lot owners in a sister oceanfront subdivision that the applicant has developed immediately across NC Hwy 58 from this project site. The marina will be serviced with portable sewage pump-out facilities located at the basin which will be connected to the sewage treatment plant for the subdivision. The applicant states that no live aboards will be allowed. The applicant is not proposing any shoreline stabilization and is proposing to preserve the vegetation along the shoreline. They do, however, want to retain the option of stabilizing the area if future conditions warrant. The applicant has indicated that with the approval of the upland basin, no residential piers will be allowed for any residential lot fronting Bogue Sound. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #4 Two community pedestrian piers are, however, proposed into Bogue Sound. These piers will be f 230' long and 8' wide (6' over coastal wetlands). A 25' x 25' gazebo is proposed at the end of each pier. Three channel markers are also proposed to be placed along the outside edge of the access channel. 10. ANTICIPATED EWPACTS: The project as proposed will result in the creation of a 66 lot subdivision with associated infrastructure and amenities on f 38 acres of land. A significant portion of this area is a maritime forest complex. The applicant has estimated that initially f 20 acres of land area will be disturbed. The applicant is proposing to develop under low density with built upon surfaces less than 25% of the project site. The applicant has also calculated the amount of impervious areas available under the Estuarine Shoreline AEC's 30% rule and have acknowledged that some lots, due to their configuration, will have difficulty meeting this standard. Their calculations show that each waterfront lot could average an impervious area of ± 2,055 ft.2 within the Estuarine Shoreline AEC and not exceed the 30% rule. The Developer proposes to tract the amount of impervious surfaces for each developed lot and apply unused impervious credits towards the few lots which may require an area greater that 30% impervious surfaces within the AEC. Several areas of 404 wetlands will be filled in conjunction with the roadways and the preparation of building sites. The applicant has made a request to the US Army Corps of Engineers for a Nationwide permit for these wetland fill areas. They have also noted in the permit application that the remaining wetlands on the property will be preserved by legal covenant with the individual lot owners and a property owners association. Potable water will be supplied by an existing public water supply company while the wastewater will be treated on site with subsurface disposal. The applicant is currently seeking approval from the Carteret County Health Department for this wastewater treatment system. The excavation required for the reconstitution of the access channel in Bogue Sound will result in f 52,450 ft.2 of shallow water bottom area being excavated. During a recent site inspection of the channel alignment revealed no rooted aquatic vegetation although a bed of SAV's was observed east of the channel. The applicant has conducted a shellfish survey of the area and that information has been given to the NC Division of Marine Fisheries for review. It can be expected, however, that the excavation will result in the direct loss of some shellfish resource. Representatives with the National Marine Fisheries are reviewing the area to determine whether the proposed channel will impact SAV habitat areas. The excavation of the entrance channel and boat basin will also result in f 220,000 ft.2 of shallow water bottom area being excavated. A recent site visit by DCM the Division of Coastal Management did reveal clam resources within the proposed dredged area. It is not known, however, how significant this resource is. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the t 12,000 yds.3 of sand and silt material being pumped to two diked disposal areas located within the project site. Turbidity levels FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #5 will be increased during dredging operations but its adverse effects could be minimized if timed to periods of least biological activity. The applicant will not be providing any dedicated spoil disposal site for future maintenance instead relying upon a barge and bucket operation. All excavation will also be within the footprint of the previously authorized dredging project which was undertaken in the early to mid 1970's. The construction of 74 wet slips within the confines of the existing marina should not increase the existing shellfish closure area of Bogue Sound immediately adjacent to the entrance channel. The applicant has proposed two pedestrian piers into Bogue Sound which will be used by the homeowners in the development. The applicant has stated that other residential piers extending into Bogue Sound will not be permitted. ** PLEASE NOTE THAT SHEET 1 (SP 1) HAS BEEN REVISED. THE LEDGER SIZE (STAMP RECEIVED APRIL 02, 1996) SHOULD BE SUBSTITUTED FOR THE BLUE LINE. PREPARED BY: Charles Jones DATE: April 24, 1996 'N'Y Vv ? rNru Y.n w....4 AdM SEA ISLE PLANTATION APPLICATION FOR C.A.M.A PERMIT INDIAN BEACH, NORTH CAROLINA VISION PROPERTIES, LLC WINSTON-SALEM, NORTH CAROLINA LAND PLANNING PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919) 834-8620 PROJECT ENGINEERS PRESTIGE ENGINEERING AND LAND SURVEYING, P.A. WETLAND & SOILS CONSULTANT LAND MANAGEMENT GROUP, INC. MARCH 20, 1996 TABLE OF CONTENTS PAGE PROPERTY DESCRIPTION 1 RESIDENTIAL PROGRAM 1 MARINA PROGRAM 2 BASIN/CHANNEL MAINTENANCE EXCAVATION 3 STORMWATER MANAGEMENT 3 C.A.M.A./CORPS PERMIT APPLICATION ATTACHMENT A NCDEM STORMWATER PERMIT APPLICATION ATTACHMENT B SEA GRASS SURVEY MAP ATTACHMENT C NCDHS SHELLFISH CLOSURE MAP ATTACHMENT D PROPERTY OWNERSHIP DOCUMENTS ATTACHMENT E REDUCED PROJECT PLATS ATTACHMENT F 000000000000*00000 SHEET SITE PLAN/C.A.M.A. DEVELOPMENT PLAN SP-1 EXISTING CONDITIONS/REGULATORY SP-2 STORMWATER/EROSION CONTROL PLAN SP-3 MARINA LAYOUT/CHANNEL & BASIN MAINTENANCE SP-4 UTILITY PLAN SP-5 SEA ISLE PLANTATION BACKGROUND Sea Isle Plantation (Project) is a planned residential community located on Bogue Banks adjacent to Bogue Sound with frontage on N.C. Highway 58 in Indian Beach, North Carolina. The applicant (Vision Properties, LLC) proposes a residential subdivision with 66 residential lots and associated support facilities and amenities. The project includes a 74 wet slip marina basin for the private use of the residents. % PROPERTY DESCRIPTION The 50.28 acre property is bordered on the east by a residential subdivision, to the west by undeveloped property and to the north by Bogue Sound. The property lies within the planning jurisdiction of the Town of Indian Beach and is currently zoned as Planned Development (PD). C.A.M.A. Land Use Plan Classification is Transitional/Residential. Community water service is currently available along Salter Path Road and can be readily extended to service the property. Public sewer service is not currently available. The property consists of forested dunes ranging in elevation from 35 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the north by tidal marsh and esturaine waters of Bogue Sound. Waterfront portions of the property have been disturbed in the past by clearing, grading and excavation associated with spoil disposal activities by the previous Owner while creating the existing six acre upland basin. The basin is occasionally used as a protected mooring area by local travelers and recreational boats. The remaining undisturbed portions of the property support maritime forest. RESIDENTIAL PROGRAM Residential development associated with the Project will include 66 residential lots. The residential lots will be for sale and will be developed concurrently with the marina and support facilities. All unit owners will have access to the marina basin and will be afforded opportunities to use the marina facilities. PROJECT ACREAGE 50.28 ACRES SINGLE FAMILY LOTS 66 LOTS GROSS DENSITY 1.3 DU/AC The residential development will be serviced by a community water system. A on-site private sewer system will be constructed using a recirculating sand filter system with subsurface disposal. PATON/ZUCCHNO & ASSOCIATES, P.A. PAGE 1 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 A wetland delineation and survey has located a number of small isolated freshwater wetlands in the property interior as well as adjacent wetlands, contiguous with tidal marsh along Bogue Sound. The development program for residential lots and roadways will require the filling of 0.526 acres of 404 jurisdictional wetlands in the property interior. Jurisdictional freshwater wetlands directly adjacent to Bogue Sound have been avoided. A concurrent permit request for a Nationwide Permit for wetland fill has been submitted to the USACOE. The remaining wetlands on the project will be preserved by legal covenant with individual lot owners and a property owners association. MARINA PROGRAM The development program for the marina includes the construction of a 74 wet slip marina facility in the existing six acre basin. The marina is designed for both sail boats and motor boats ranging in size from 18 feet to 45 feet. The marina slips will be owned by residents of Sea Isle Plantation which includes the oceanfront residential subdivision located directly across Salter Path Road. The marina will be serviced with portable sewage pump-out facilities located at the basin for use by residents. The pump-out facilities will include a wet well which will connect to the project sewer system for treatment by the Sea Isle Plantation sewage system. Fuel service will not be available. No boat lifts will be allowed. No live-aboards will be permitted in the marina. Solid waste containers will be installed. Operations signage will be installed for resident awareness of marina rules. The applicant recognizes the environmental, aesthetic and economic benefits of preserving the vegetated perimeter of existing basin and canal. Therefore, boat slips will be free standing fixed slips with no bulkheads planned for shoreline stabilization. The applicant does, however, reserve the right to employ bulkheading in the future should permanent stabilization be needed. The perimeter boardwalk will be accessed by elevated boardwalks connecting individual residential lots. The Project will use the existing upland basin and canal, and the existing connecting access channel to the deeper waters of Bogue Sound. This approach minimizes resource impacts on the estuarine environment and eliminates the use of public trust waters for private boat slips. The upland basin will require no additional expansion or excavation. Approximately 15,000 square feet previously dredged of bottom will be affected by the channel maintenance excavation. SAV has been surveyed and mapped by the applicant. NOAA SAV maps show no seagrass beds located in the existing channel alignment. No marsh or submerged aquatic vegetation will be impacted. PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 2 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 With the approval of an upland marina basin, no individual residential piers will be permitted for residential lots fronting Bogue Sound. Two community piers are planned for common soundfront access. N.C. Division of Environmental Management has currently classified the marina and canal surface waters as SA. The marina basin and canal and a 150 foot zone at the mouth of the canal are closed to shellfishing in accordance with NCDHS, Shellfish Sanitation Branches. No additional closure of shellfish waters is anticipated as a result of operation of the marina facility. MAINTENANCE EXCAVATION The existing channel and marina basin excavated in 1974 under Dredge or Fill Permit #510 is no longer at the original depth of -5 feet MLW due to shoaling and lack of consistent maintenance. The applicant proposes to perform maintenance excavation in the channel and basin alignment to re-establish the original depth of minus five feet NLW and bottom v.ridth of thirty feet. The proposed channel alignment reflects the applicant's desire to avoid nearby submerged aquatic vegetation (SAV) and follows the deepest existing water depths. Maintenance excavation of the existing basin and channel will be performed by hydraulic dredge. Dredge effluent of approximately 12,000 cubic yards will be pumped into two temporary on-site spoil holding facilities. When all work is complete and the material has decanted, the material will be used for construction areas on-site or hauled off-site. There will be no permanent spoil basin on site to accommodate future maintenance dredging spoil. Future maintenance spoil will be removed by barge to an off-site location. To maintain water circulation within the basin.. The basin bottom will not be deeper than the access channel (-5 MLW). STORMWA TER MANAGEMENT The plan complies with Low Density Provision in the Division of Environmental Management Stormwater Runoff regulations for Coastal Areas. Impervious surfaces will be limited to a maximum of 25% of the property. As an added measure of stormwater control, the applicant plans to install closed-in grassed infiltration basins along project roadways. sip.doc PATON/ZUCCIUNO & ASSOCIATES, P.A. PAGE 3 ATTACHMENT A Form DCM-MP-1 APPLICATION. (To be completed by all applicants) b. City, town, community or landmark Indian Beach 1. APPLICANT a. Landowner: ' Wayne Yarborough Name Vision Properties, LLC Address P.O. Box 5007 City Winston-Salem State NC Zip 27113 Day Phone Fax (910) 725-8853 (910) 725-8826 b. Authorized Agent: Name Paton/Zucchino & Associates,-P.A. Address 17 Glenwood Avenue, Cooper Square City Raleigh State NC Zip 27 603 Day Phone Fax 919-828-7068 919-834-8620 c. Will the project be for public, private or commercial use? Private c. Project name (if any) Sea Isle Plantation (north) d. NOTE. Permit will be issued in name ojlandowner(s), and/or project name. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 66-Lot Residential Subdivision and completion o existing marina basin. 2. LOCATION OF PROPOSED . PROJECT a. County Carteret c. Street address or secondary road number _ NC Highway 58 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Bogue Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Enhancement of existing Marina Basin 6C-Lot Subdivision b. Is the proposed activity maintenB thof an existing project, new work, or both? Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10.000 to 15 -000 sF c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Developed Rural XX Transitional Community Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cerrificate, if applicable) j• Has a professional done for the tract? If yes, by whom?. k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x_ No 1. Are there wetlands on the site? X Yes No Coastal (marsh) Yes Other 404 If yes, has a delineation been conducted? Yes (Anach documentation, if available) archaeological yssment been Yes No m. Describe existing wastewater treatment facilities. Public sewer not available. Community wastewater system is p anne . n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No point source discharges are p anned. Non-point source only. o. Describe existing drinking water supply source. Community water system main along NC 58 5. ADDITIONAL fNFORMATION In addition to the completed application form, the following 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 properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Charles R. Manning Address 7532 Tanglewild Drive Phone Raleigh, NC 2761 Name Michael Leonard Address P.O. Box 28 Phone Louisburg, NC 27549 Edward J. Sebastian Name Address 1901 Main St., Resource Bank Phone Columbia, SC 2 9201 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N.C. Dredge or Fill Permit 4510 November 30, 1971, Issued to Charles C. King • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained ;n the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 4_ day of , 19±-V. Print Name z . w -t vivre ro v . Signature I.c n&v mer or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. g. Typical boat length 15-35 Feet h. Maximum boat length 45 Feet i. Are any floating structures planned? No If so, describe 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public Residential b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? Planned Currently Developed 0 3. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies x Dockage ("wet slips") only Number of slips 74 Dry storage Number of boats Boat ramp(s) Other (describe) Check below the proposed type of siting. x Land cut and access channel (existing) Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). _ Mi iron tjrpps and 1 ang"hG 2. MARINA OPERATIONS a. Check each of the following sanitary. facilities that will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers % -Boat holding tank pumpout. Type and location Portable pump out into project sewage system b. Describe treatment type and disposal location for all sanitary wastewater. Gravity Collection to pump station to collection tan to a sor t on e . c. Describe the disposal of solid waste, fish offal and trash disposal. Trash containers at each . pier. d. How will overboard discharge of sewage from boats be controlled? Signage, closed head policy, availability of pump out facilities. e. Give the location and number of "No Sewage Discharge" signs proposed. (3) one each pier. -'-v nl ~ Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of ? N/A h. Give the number of channel markers and "No Wake" signs proposed. (1) channel entrance i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. None j. - Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Sloping basin bottom. Sewage pump out facilities. Stormwater management. k. What will be the marina policy on overflight and live-board dockage? No live aboards limited overnight usage Is the proposed marina located near any shellfish leases? Yes x No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? Yes X No p. Is the marina proposed within an area open to shellfish harvesting? X Yes No q. Give the location and number of "Pumpout Available" signs proposed. (3) one each pier Sea Isle . Plantation Vision Properties LLC Apprb nt or Proj ame ftwture Date Revised 03/95 Form 11)CM4W-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Single Family Homes b. Number of lots or parcels 66 Lots c. Density (give the number of residential units and the units per acre) 1.44 Units Per Acre d. Size of area to be graded, filled or disturbed including roads, ditches, etc. t20 Acres plus (sanitary absorbtion field) 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? X Yes No If yes, date submitted Attached List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt, concrete Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 29% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? x Yes No If yes, date submitted i. Describe proposed method of sewage disposal. Tertiary Treatement WWTP Low pressure effluent disposal j. Have the facilities described received state or local approval? (Aeach appropriate documentation) in Item i. above No k. Describe location and type of proposed discharges to waters of the, state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential dischares). Stormwater Transported y vegeta a conveyances 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Public water service m. Will water be impounded? If yes, how many acres? _ Yes x No n. If the project is a oceanfront develop ent, when was the lot(s) platted and recorded? N I r Sea Isle Plantation (North) Vision Properties. LLC Applicant or Project Name Signature 5 Date rvicaA nZ/Qc ?orm DCM-MP-2 EXCAVATION FILL AND Except bridges and culverts) kttach this form to Joint Application for CAMA Major 'ermit, Form DCM-MP-1. Be sure to complete all )ther sections of the Joint Application that relate to this )roposed project. 3escribe below the purpose of proposed excavation or Ill activities. All values to be given in feet. Average Final Existing Project Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Length Width Depth Depth 1220 60` -3 -5 ±100 -4 -5 ? 550 x 13AO ?'go-ro -4 -5 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards ±12,000 Cy b. Type of material to be excavated SAND/SILT c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes Y No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 2 Sites, East & North of existing marina b. Dimensions of disposal area 2 SAoil ArPaa Approximately 400' x 100' c. DoArou claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes X No If yes, where? ievised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or Rprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be crDssed in transporting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Project Name Signature A`? G Date Revised 03195 VIV1D1V1V Vt' Llr V1AV-N1vlr..N 1AL 1V1A1VAlTLIVM1N 1 -""?`•`•?• NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION 1. GE,'?'ERAL INFORMATION 1. Project Name Sea Isle Plantation (North) 2. Location, directions to project (include County, Address, State Road) Attach map. NC Hwy 58, Salter Path Road, Indian Beach, Carteret County 3. Owner's Name' Vision Properties, LLC Phone 910-725-8826 4. Owner's Mailing Address P.O. Box 5007 City Winston-Salem State NC Zip 27113 5. Application date March 20, 1996 Fee enclosed $ 6. Nearest ReceivingStream Bogue Sound/Unnamed Tributary Class SA/SC 66-lot single family subdivision with enhancement of existing 7. Projectdescription marina basin providing 74 wet slips. 11. PFRMTT INFORMATION 1. Permit No. (To befilled in byDFm) 2. Permit Type X New Renewal Modification (existing Permit No.) 3. Project Type: X Low Density Detention Infiltration Other: Redevelop General Dir Cert 4. Other State/Federal Permits/Approvals Required (cluck appropriate blanks) CAMA Major X Sedimentation/Erosion Control X 404 Permit X III. BUILT UPON AREA (Please see NCAC 2H. 1005 thru .1007 for applicable density limits) rainage Drainage Breakdown of Impervious Area Basin Basin (Please indicate below the design impervious area) Classification Allowable Impervious Area SA Waters 11.38 AC Total Project Area 37.92 AC Proposed Impervious Area 11.38 AC % Impervious Area 25% N. STORMWATER TREATMENT (Describe how the runoff will be treated) Buildings 8.84 AC Streets 2.29 AC (Entire ROW ) . Parking/SW 0.25 AC Other N/A Totals 11.38 AC Stormwater run-off transported by closed-end vegetated conveyances, conveyance system shall not include discrete stormwater collection system. V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIFICATION I, Wayne Yarborough, Vision Properties certify that the information included on this permit (Please print or type name clearly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans on my behalf. -z?-? !c Person or firm name Paton/Zucchino & Associats, P.A. Mailin 17 Glenwood Avenue, Cooper Square g Address Owner/Authorized Agent Signature and Title VII. AGENT AUTHORIZATION Must BE coMPL=) City Raleigh NC State 27603 Zip Date 919-834-8620 Phone Please submit application, fee, plans and calculations to the appropriate Regional Office. cc: Applicant/WiRO//Central Files Office use only hl lt??auaua. i ... " w„ .. ? I ?. Boys Car1D?j, -..•`- ?=' , `? ??,? ! 7 ????` ?" ?. .?? (? r? L.\ .!'_ oink i luno,r.gRu^E CC ,i:?:.iiiiii ' 214`8_ 253` ??s ?l . ,?t:::5<t%i'•i?' . 246 247 254 245 233 WA T E.e INTRACOASTAC oDaybe3con . Lighto o Daybeacor 249 o • ' rt o Davbeaccn 243 244 {„ . .. 242 232 t234 235 •t SEA ISLE PLANTATION SITE 240 J.J B 241 236 237 239 (250 251 _ r?230 238 :? = 'r N.O.A.A. SEAGRASS SURVEY 1 'z r 8 z U7 f L 1 Ez .. , f -S p z i f Q v o ' e r z t• zz" ?? I ?•? ti : •?. c r `? e a ro f yf 0 pp -- ? .:Z.wta«rJld erg ° . 1? N A z fZ i t 'E. atcnb }t r ' H Z S N W Zi ? t f Q 9 a1 r_, >1 O r ?i O If; S L L ?W C x '• y S d¢ N yZ ; 1?- Q L r °" r C co y v zf '? R¢ z 5lt: cn 'o r' ro E d. r C! a) 0 cn I? i f ° L;.4 'L r t o `a; I a Be LZ 1 :? °'8 O U t 0•'ti ? L Q fort.,. O Iu? 9E : S: 1 r f U 14 '-? aQ or to O C11 ca L?4 fuzz 1 f I .tt.?S20?1 vNi ei LE C. Q `- f N cil v ? L r f.Q ? cns rf : II f C f O c It r nr U ,. 1 f r C. ° 's f ro f Yd=? I " a .9L. eE r r v v ? •i : ? '; 1I 01 C cA y i ? svs I S I f ? 1 "••• •yi < rn v y 9r f f r I^ : 7 2 U ZrO I 'rte f9 f y f 'Il??' cm= L, IZ 'i S Z .CC.wro. r Il?0 >N f¢ C2 D, ta I I f It^% t zr ; II cn ?• • i .N r f. ., s e I ?a9L ? y I .p y `?Yd I. L ro _r t ?J O f I.A. O la ZZ: 0 L 9 Ira i co v O i"/,,jyt HNYI0 0 f S I? '• d to 00 C7% 1 un co I M 70 ; ',' , j y , N a°i 3 Li 0 N N I cn -4 to ''./ I '? f? O 'J ¦ IM tLy 1^ I N %. :/ Who f e W I A r B ` ??- o V) T W 44 N LA09131r7A r? ?r i i (E `SW a O tf 4113 VON ,. a = o v x C aJ d a? d awl 70ane 03M w' S III W vi CJ x Li t? cL' C4 -r O a r p Q r ??? I? t o? pW . i w 0 OC t? ! Za Zr o Oj S 0? Wr k >, . ON M N t v) CZ . ? N r I. N v rr. to P4 cn r1_ N %O N \?? ?r :\' 9 S S 9.tJ 15 O O a 1 N 1 1 1 S .6. w.*ftc?S. a Nr `??`1 (n 44 v) N ^'+ N N ?t a) z t` •1i az ?? •roN? - S ? otw.r t ? GL ai I : ,.? ; »acre aazu .f 0 ca 1 a) 41 d a) m 04 . C • Roux Dula I S S IA •"M, r?rl?J / Z L EXHIBIT "A" Beginning at a North Carolina Geodetic Survey (N.C.G.S.) Monument named "Grove" and having a N.A.D. 83 Preliminary grid coordinates of North 349,630.28170,1 and Bast 2,645,424.036001, thence south 820 25' 02" West a distance of 3709.83 feet to N.C.G.S. Monument "Peggy." Peggy having N.A.D. 83 Preliminary coordinates of North 349,140.781301 and East 2,641,746.928001, thence South 830 38' 01" West a distance of 725.06 feet to an existing iron rod, ;said existing iron rod being the southwest corner of this property and also the TRUE POINT OF BEGINNING. From said True Point of Beginning running North 0111 231 48" West and with the easternmost property line of windward Dev. Co., Inc. (Map Book 22, page 80) a distance of 1100.00 feet to a set iron rod, continuing, the following courses and distances as mapped by Collier Survey for Mr. Richard White to the northeast corner of this property, North 010 231' 4811 West a distance of 106.06 feet, thence North 690 521 0211 East a distance of 590.89 feet, thence North 569 521 02" East a distance of 512.00 feet, thence North 650 43' 17" East a di.s*tiance of 346.41 feet, thence South 540 041 11" East a distance of 298.00 feet, thence from mapped northeast corner and running with thewest property line of Sandpiper Village Subdivision, (Map Book 27, page 94) South 050 44f 49" East a distance of 215.65 feet to a set iron rod, said iron rod located along edge of marsh, thence continuing on same line South 0510 4'4' 4.9" East 1150.00 feet to a set concrete monument, said concrete monument being located on the north right- of-way of North Carolina Highway 58, also being the southeast corner of this property, thence from said concrete monument and in a southwest direction along the North right-of--way of North Carolina Highway 58 the following courses and distances: South 800 541 21" West a distance of 274.99 feet, thence South 80° 28r. 1011 West a distance of 165.48 feet, thence South 790 501 05" West a distance of 266.16 feet, thence South 790 21' 12" West a distance. of 332.68 feet, thence South 790 141 5211 West a distance of 635.44 feet back to the True Point of Beginning. f? , . 1 Prepar V k y JOHN H. PHILLIPS, P.A. DEED ? 9 / Cirteret County KC 02/06/96 11 4000.00 s-sic n t?6?pb1NA? Rca1 Estate Exclse Tax NORTH CAROLINA CARTERET COUNTY VISION PROPERTIES, L.L.C. P. 0. Box 5007 Winston-Salem NC 495 This Deed, made this 31st day of January, 1936, by and v v between Richard M. White, Trustee; and Richard M. White, individually and wife, Beverly M. White, of Florida, hereinafter,. referred to as the "Grantor" and VISION PROPERTIES, L. L. C. , A North Carolina Limited Liability Company, hereinafter referred to as the "Grantee".(it being fully understood and agreed that any pronoun or other word used herein shall be construed as singular or plural; and of the masculine, feminine, or neuter gender, as the context may indicate or require); W I T N E S S E T H: THAT THE GRANTOR, for a valuable consideration to Grantor paid by the Grantee, the receipt of which is hereby acknowledged,. has bargained and sold, and by these presents does hereby grant; bargain, sell and convey to the Grantee, Grantee's successors.-and assigns, that certain tract or parcel of land situate in .Indian Beach, Carteret County, North Carolina, and more particularly described as follows: Being all of that property described on Exhibit "All attached' hereto and made a part.hereof. TO HAVE AND TO HOLD said tract or parcel of land, and all. privileges and appurtenances thereunto belonging, or in any way I appertaining to the said Grantee, Grantee's successors and assigns, hlltll.R1.1mAl n 0855 ((?/// SEA I5(.E 2802 ?; ` ?LA r..tTA Tt o _ ,Q MI ??i Q ? ?? v O7 ? lri Ti0 TII y ??l;o lir Z: m m in ,4C/,a 26os D 3651467 2553 YILLJI ' .. 9530 ? Aar ? \ 44 N B= A ; ?hau/{eS R f?Icw?? au -753Z T'anglcw?ld De. a 2450 m ?a z Ilat Ralc?gt? u. ?. 2??0 3 4326 022 2267 !ul 4 a m ozz3 n. o Miehcir-i Leenac- ? 42k cn z t'se c e.0. 3o)4 ?_8 oi25 04 Lov?bu?q , fl.C„ 2079 Z 1- 4q o026 00 • VKE MCI -1 s? s v?OAa'Qlt oot K a_° " v ocean aFn .. I ROAD a Bto m . r .0 a .a -it 3142 t• :n 'µ 0 0799 IQ70 2B3i N CIS •R •iOt ,*, j? ?u TN E N 'n 4743 lu bYE:• I?ec> PEeTy '? L n •T! 5A •!6 T, SEA ISLE =1 ?3 •-30 s •32 •!r •N PLA WrA'110" ?ot2Tl-? .,, 36 to (? ?( h[ E L> e. zin 3650 1507 0536 -41 1 t2^ t O pwou-ot lJe?? l?h ,s , Vj ??1 I cto I r? o. h GJ"reEET i ??• C-oluvy, 0, S,Gr Z61Zb( 11/2/95 FORK 14:00 32 20.0 7.8 MID FLD 11/2/95 END 14:00 32 20.7 7.5 MID FLD 1115/95 MOLTM 15:45 30 15.2 8.1 MD FLD 1115195 FORK 15:45 28 15.2 8.1 MM FLU 11/5/95 END 15.45 28 14.8 8.2 MID FLD 11/8/95 MOLTW IS.-O0 30 15.3 8.4 MID EBB 1118/95 MOUM 17:00 28 14.5 8.3 LOW 11/8195 FORK 17:00 28 14.7 8.4 LOW 1118/95 END 17:00 26 .13.6 8.3 LOW forever. IN TESTIMONY WHEREOF, the Grantor has hereunto set Grantor's hand and seal, the day and year first above written. ' ''.. (SEAL) Richar ite, rustEe, Granto ' l .'cy/,? '•is, (SEAL) Richard M Whi e, Individually, Grantor l (SEAL) rn - Beverly M White, Grantor STATE OF •ZZL "a, COUNTY OF 22[ZeQ- I, a Notary Public, do hereby certify that Richard M. White, Trustee, Richard M. White, Individually, and Beverly M. White, Grantors, personally appeared before me this day and acknowledged the due execution of the foregoing Deed Witness my hand and notarial seal, this . day of February, 1996. My Commission Expires: S,-do-4) q Notary Pu is NORTH CAROLINA, CARTER M.? 'iY• ? The fotag?ing certificate(s) of riumdnt- vms p e" Ig (are) wtltlod to be correct'. This Ind gltttatl r orded In .1113; a"01 ' in 5004 =' I'ag?.. ?,• 1 Tf116..? day at .. y e1t ...._0 clock .l+A. Sharon Pitier , Realstor: of ' 4 By?r / Sat°t3 , . ?10(?GtY 1.j ".'d ir" I.. 500.1 i'IHK-Gb-177b U ( - :,U f-r-,Ul i I n I ulti i .. - u I ..J.w. -- ... - - - -- ' ---- , 11/5/95 C 2 0 FIRM SND 11/5195 c 3 0 FIRM SND 11/5/95 c 4 0 F. SND/SH 11/5/95 C 5 0 F. SND/SG 1118195 D 1 0 SND MUD 11/8195 D 2 2 SD MD SND 1118/95 D 3 1 SD MD SND 11/8/95 D 4 0 FIRM SND 11 M195 D 5 0 FIRM SND 11105 E 1 0 MD SND 11/8/95 E 2 1 71,,1 CHR MD SND 1118/95 E 3 1 LN, 1 CHO MD SND l l/&195 E 4 1 CHO FIRM SND 1118/95 E 5 1 TN F. SND/SG 11/8/95 F 1 1 TN,1 CHR MD SND 11/8/95 F 2 1 CHIC MD SND 11/8/95 F 3 1 LN, 1 CHR MD SND 1 1/8/95 F 4 1 CHO, I LN MD SND 11/8/95 F 5 0 FIRM SND MAR-26-1996 07:28 FROM PATON-ZUCCHIMO c ASSOCS. TO 19192473330 P.01 November 10, 1995 Paton -Zuchino & Associates 17 Glenwood Avenue Raleigh, N.C. 27603 Dear Larry, Please find enclosed the results of the iunvestigstion conducted at the proposed Vision, properties marina site behind Indian Beach in Bogie Sound. Methods The ;general survey area oonsisted of a 200 foot radius from the mouth of an existing canal or an area of approximately 1.4 acres. `The majority of the site Occurs in. 1.0 to 4.0 feet of water, whale the proposed channel is in 3.0 to 7.0 feet of water. Ile bottom type is generally firm sand. The purpose of the study was to establish if there is a rreasona?ble probability of the site purpose being characterized by a commercially significant quantity of hard clams, Maria mcmaAA& A, natural shellfish bed has been defined in the S-Q FUb=iW- R UIM ? CQLqAL)Y=M item 30.0200 (a);(1) (A) as 10 bushels per acre, and is egiW to an average sampling density of 1 clam per meter square. The general site survey was conducted using (6) 206 foot long sampling transects and consisted of 5 samples per transect at a distance of 40 feet between stations. In addition, the chatmel survey included 8 samples along the proposed channel &1%mment and began 40 feet from the raroutlk of the canal. G mater wide, 518 20 inch pProngrsepacre were collected aratlOn clam rake using a meter square quadrat and an with a modified basket fvrr retention of small seed. Substrate conditions and numbers and . di market category of all clams retrieved were noted. Concurrent 5 with eterplatri d salinities d oxygen and beruapetatlue,?,easuremt??pensatexl refr ctome;ter_ were detained using a tecnMatw post-1t° brand fax transmittal memo 7671 Results Physicochemical conditions measured ficom the mouth to the inshore end of the basin canal included water temperatures of 13.6 to 21.6 degrees centigrade, salinities from 26 to 32 ppt, and dissolved oxygen levels between 6.5 and 8.4 mgll. Nineteen clans of varying market categories or sizes were collected from 30 stations on transects. The median, meats, sample, variance, standard deviation, and standard error are presented in Table 1. An additional 4 claims of mixed sizes were retrieved from 8 cba=el stations. Scunmary statistics for those samples are similarly depicted in Table 1. In both cases a mean density of less than 1.0 clam per meter square was indicated. Discussion Physicochemical data suggest thorough exchange of waters between the present basin and the adjacent sound Near saturation levels of dissolved oxygen were recorded on three different days and throughout the basin. canal. area.. In addition, sinular temperatures and salinities were recorded throughout the basin canal. The survey of shellfish indicated the presence of less than 10 bushels of clasps per acre in the general 200 foot radius area as well as within the area of the proposed channel alignment. Sample size was sufficient to establish these conclusions at a level of ' confidence of 95 %a The paean for the general am was 0.633 per meter square and a 95% confidence interval of from 0.35 to 0.92 per meter squaw was indicated Within the proposed channel alignment a mean of 05 per meter squarc was evidenced and a 95 % confidence interval of from 0.13 to 0.87 per meter square was identified Accordingly, neither of the areas examined appears to qualify as a natural shelltisb bed. Please oontad me if you have any questions and thank you for this opportanity to provide services to Paton-Zucch ino. Sincerely, Don Freeman, Jr. Table 1. Summary statistics for clans samples at Vision Properties gins. MAR-26-1996 07:30 FROM PATOtd-ZUCCHINO & ASSOCS. TO ?'; Cy. ? u a'?jz?r*? i'3??s.tr?e?.ri?'S ? T ? I?C4k? e As• 4f ff . j a a 0 -14 46 ./ At E ? 1'?s5???.E C.?wa? L. Art,: ears ate N'r 1It f " t 19192473330 P.04 IkPV' -k &A -T3 t4 TOTAL F.04 MAR-26-1996 07:29 FROM FATON-MCCHI NO & ASSOCS. TO 1 y1'??4'r ??? t-. U-1 Table 3. Shellfish survey results for Vision Properties site. DA'M 11/2/45 MA= CHANNEL STAIM 1 NO. CLAMS 0 . IMIRATF SFT MUD 11/2195 CHANNEL 2 I SD SFT MUD 1112195 CHANNEL 3 I LN SND MUD 11/2/95 CHANNEL 4 1 LN MD SND/SG 11/2/95 CHANNEL 5 0 SND/SG 1112/95 CHANNEL 6 0 SND MUD 11/2/95 CHANNEL 7 1 CHR MD SND 1XJ2195 CHANNEL 8 0 FIRM SND 11/2195 A i i LN F7RM SND 11/2/95 A 2 0 FIRM SND 11!2/95 A 3 0 FIRM SND 11!2/95 A 4 0 FIRM SND 11 /'2/95 ,A, 5 0 FIRM SND 1115195 B 1 0 FIRM SND 11/5195 B 2 0 FIRM SND 11/5/45 B 3 1 LN FIRM SND 11/5/95 B 4 0 FIRM SND 11/5195 B 5 1 LN F. SND/SG 11/5/'45 C 1 0 MD SND SUMMARY STATISTICS FOR 200` RADIUS (N--30) Mean = 0.6333 Sample variance - 0.6321 Median = 0 Standard deviation = 0.7951 Sum - 19 Standard error - 0.1452 c SUMMARY STATISTICS FOR CHANNEL M-8) Mean - 0.5000 Sample variance = 0.2856 Median - 0.5 Standard deviation - 0.5345 Sum- 4 Standard error = 0. 1890 r Table 2. Physicochemical data at Vision Properties site. DATE T OCA32QN TuAE s') TEMP U IM I1.12/95 MOUTH 10.30 32 19.9 6.5 TAW I M2195 MOUTH 14:00 32 7 t 74 AAM FT T, PATON / ZUCCHINO & \.-1I u11 U FS. i> >. April 9, 1996 Mr. Charles Jones NC Division of Coastal Management P.O. Box 769 Morehead City, NC 28557 RE: Sea Isle Plantation Indian Beach, NC Dear Charles: With regard to the determination of impervious surfaces within the Estuarine Zone AEC, it is the Owner's intent to be the primary builder of homes for each individual lot. Some lots, however, may be built on by individual lot owners. Our calculations show that each waterfront lot could average approximately 2,055 square feet of impervious surface within the AEC and not exceed the total 30 o maximum allowable for the project. Although each waterfront lot will be designed to Inge[ the 30% maxii.num impOrviou::. some lots, due to their configuration, will have difficulty meeting this standard. The Owner will track the amount of impervious surfaces for each developed lot and will apply unused impervious credit toward the few lots which may require greater than 30% impervious surfaces within the AEC. We trust that this clarification is helpful. Please let me know if such an approach is not acceptable. If I can be of further assistance please feel free to contact me. Very Truly Yours, (*? ?a(j?-Ma Lawrence R. Zucchino, ASLA Paton/Zucchino & Associates, P.A. LRZ/cd cc: Wayne Yarborough,. Vision Propertie?,;LLC ones.doc ) 17 Glenw6ork.; A o. Via Federal Express E,pril 1, 1996 Mr. Charles Jones Coastal Management Field Services F.O. Box 769 Morehead City, North Carolina 28557 ILE: CAIVIA Permit Request Sea Isle Plantation Indian Beach, NC Dear Charles: PATON / Z UCCHINO APR 0 2 ?t 9 1 ?„M?w??way ? w •?wwr+?M???M?IM? We have reviewed you comments from our phone conversation on March 28, 1996 and offer the following summary responses: I . We have extended the 75 foot Estuarine Shoreline AEC along the soundfront west of the marina channel. This increases the total AEC to 8.95 acres on the project site and brings the total maximum impervious surface within the AEC on the project site to a of 2.68 acres. The plans have been revised to more clearly reflect the thirty foot building setback from mean high water. This note was originally shown only on the stormwater plans. The 404 wetland delineation field sheets prepared by Land Management Group will be forwarded to you shortly. Water depths around the two proposed piers is similar to the water depths surrounding the channel. The water depths have been added to the plans. 5. The adjacent oceanfront subdivision is Sea Isle Plantation with 27 platted lots. 6. Minimum lot size for the project is 10,000 square feet for the cluster lots. 7. The NCDOT storm drain pipe size is approximately 48 inches. Prestige Engineering will confirm. Mr. Charles Jones April 1, 1996 Page Two 8. Bottom impact from channel maintenance excavation was shown at 75,000 square feet. The area of bottom impact from the channel has been modified to reflect the actual impact of 52,450 square feet. 9. The 18 slips at the eastern end of the marina basin have been assigned to boat of under 25 feet in length to improve accessibility. A modified sheet SP-1 is attached which reflects the information described above. Please let me know if you have further questions or are in need of any additional information. Very Truly Yours, ?tcL"? Lawrence . Zucchino, ASLA Paton/Zucchino & Associates, P.A. Enclosure LRZ/cd cc: Wayne Yarborough, Vision Properties cjones.doc E ;. L r r 1 \ i 1 c `\ \ r C ` `+ , ? 1 ? \ 1 F v \ 1 1 N ? r 1 \ 1\ ?' ,1 ?, ' 1n m no r \ g `, C: \ ? C G nm to v) o \ `, ? 1 r Z o 1 ? r \' 11 E t. 1 \ F, ?. 1 \ ` S (1 ? i. sil G 1 i • :f 1 l? a ?Y f u n u• --_._.-_--•-_-_._._.-.---- -_---- -._--x, •.? ^iFi1?1JGt,Jt:\/ A,?A.f-II.AA.U.AAA.IAJ ICI ?`V.AI.IA:cJIi? -- -- --------- N.C. 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