19960926 Ver 1_COMPLETE FILE_19960920

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Dire cto r
IT4X
ID EHNR
October 29, 1996
New Hanover County
DWQ Project #_966gi? 9 ` oq Z (
COE #199602763
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Pearl N. Stanley
1961 Hillsboro Road
Wilmington, NC 28402
Dear Ms. Stanley:
You have our approval to place fill material in 1080 square feet of wetlands or waters for the purpose of
constructing a condominium project at Carolina Beach Yacht Basin, as you described in your application dated
20 September 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 except as
modified below. 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
and any additional conditions listed below. Ms. Linda Lewis of our Wilmington Regional Office shall be
contacted for stormwater approval.. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations.
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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
B&. John Dorney
Central Files
John Parker; DCM
Linda Lewis, DWQ Wilmington Regional Office
960810.Itr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Pearl N. Stanley - (H. C. Stanley, Jr. Agent)
2. LOCATION OF PROJECT SITE: Carolina Beach Yacht Basin - corner of Florida and
Delaware Avenues - Carolina Beach - New Hanover County
Photo Index - 1995: 21-240 grd U-10 1984: 89-178-11 grd 0-6;P-6
State Plane Coordinates - X: 2337400 Y: 112450
3. INVESTIGATION TYPE: CAMA - D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/21/84 ----7/31/96
Was Applicant Present - yes ----- no
5. PROCESSING PROCEDURE: Application Received - cc: 7/31/96
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carolina Beach
Land Classification From LUP - Developed
(B) AEC(s) Involved: ES,EW,PTA
(C) Water Dependent: Both
(D) Intended Use: High ground development of residential units with pool and boat slips
(E) Wastewater Treatment: Existing - Municipal system
Planned - n/a
(F) Type of Structures: Existing - approved bulkhead
Planned - 16 unit condo; pool; 10 boat slips
(G) Estimated Annual Rate of Erosion: n/a
Source - n/a
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Identified as "404" wetland appx. 1080 sf
(B) Non-Vegetated Wetlands
(C) Other - High ground appx 9600 sf
- open water shading/use appx 4110 sf
(D) Total Area Disturbed: Approximately 5190 sf
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no
8. PROJECT SUMMARY: The applicant proposes to construct a 16 unit condominium with
pool and a 10 slip boat docking area.

Pearl N. Stanley
Page 2
9. PROJECT DESCRWETO
The project is proposed to be constructed within the town limits of the Town of Carolina Beach at the intersection
of Florida and Delaware Avenues. The property available for development measures approximately 120' wide by
200' deep. The site is adjacent to the waters of the Carolina Beach Yacht Basin (Myrtle Grove Sound). The
property is subject to occasional flooding by the highest of high tides. Over the years since the original work was
accomplished there has been the re-vegetation of a portion of the eastern side of the lot with wetland species. The
predominant species appear to be Snares patens mixed with some Fimhristilis spp and Distichlis These
species are located in the previously disturbed portion of the lot and do not appear to have a significant interaction
with the more natural system waterward of the existing bulkhead. There is an existing pier-head line established by
the Town of Carolina Beach and the water depths under the proposed slips ranges from 4 mean low water(mlw)
to -5' mlw. State permit # 25-85 authorized the construction of the existing bulkhead now located on the property.
The final alignment of that structure was adjusted to avoid the filling of approximately 200 sf of mixed marsh at the
southeast corner of the property. That permit also authorized the construction of a 24 unit complex located in two
buildings which covered the majority of the lot landward of the bulkhead. The 10 slip docking facility was also
authorized. There was an existing boathouse/basin located on the property which was filled under the permit. The
resulting condition of the lot after initial construction authorized by permit # 25-85 was as a partially filled and
graded parcel of land with a bulkhead. For what ever reason the applicant has delayed the final development of the
property until now and the original permit has expired.. The original request has been modified in that the number
of units has been reduced and the construction footprint has also been reduced on the property. The applicant is
now proposing a 16 unit three story building to be located on an area of the property measuring approximately 80'
by 90' which will be located approximately 75' landward of the bulkhead. In addition to this structure the
applicant will also construct a pool measuring approximately 20' by 40' situated within a 40' by 60' enclosure.
The cross sectional view of the building indicates that the parking for the facility will also be sited at least 75'
landward of the bulkhead. The applicant's proposal still includes a request for a 10 slip docking facility which
includes a 40' by 6' fixed pier connecting by means of a 16' ramp to a 90' by 8' floating dock with a series of
mooring pilings set 35' off the face of the floating structure. The applicant also indicates in the application that
there will be 5 finger piers (4' by 35') but the plans do not show them and the width of the lot will make them
difficult if not impossible to build these and still maintain the 15' off set from the adjacent riparian corridor.
10. ANTICIPATED IMPACTS
The issue of drainage impacts from this project has been raised by several adjacent neighbors. The applicant
mentioned the availability of a Town drainage system as a solution to the anticipated run-off from the original
project. The site investigation for the current proposal did not discover any such system and apparently one does
not yet exist. The applicant appears, on paper at least, to have minimized the potential of excess run-off by placing
the proposed building 75' landward of the bulkhead. The swimming pool area is considered pervious for the
purpose of per cent coverage within the Estuarine Shoreline Area of Environmental Concern (AEC) although any
decking other than wood around the feature will be considered. Based on the current drainage problems in this
area, any post-development run-off from this project area will be viewed as potentially detrimental. For that
reason the applicant should provide and implement an acceptable storm water management plan within the overall
development plan prior to construction.
Submitted by: C. Robert Stroud, Jr Date: 8/23/1996 Office: Wilmington
Form DCM-MP-I
APPLICATION
(To. be completed by all applicants)
b. City, town, community or landmark
I .(?1 0 l na f3 e? c
1 7'
1. APPLICANT =
I? I
c. Sq address or secondary road number
a. Landowner: n4?rsechvvi Florida Ave. -t Dtl9k?are Ave
I JIL 2 5 1G°.6
Name ea r St vt / e D I V i ION A Is proposed work within city limits or planning
UO. S A _ MA JAGE3?'iW ction? V"' Yes No
Address q 14l l l s b o ro IeOGZ d e. Name of body of water n est roject (e. g. river
City W11m1r7l40n State IVC
1.0
Zip 294 0 Day Phone q10 -743 -234'5
Fax
b. Authorized Agent:
Name f? . C. S-?Qri le?/ .7'r-
Address P. Q. Gex )72--3
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filliriR activities.
City Ca rO II M b 0CL State C
Zip 42 8 Day Phone 910. 313- M10
Fax
c. Project name (if any)
NOTE. Permit %Q be issued in name of landowner(s), and/or
project name.
r
PrIva'k- swimmir?g pool
b. Is the proposed activity maintenance of an existing
project, new work, or both? Mew
c. Will thel1roject be for public, private or commercial
use? rt yaT2
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more ,;pace is needed, please attach,
S
2. LOCATION OF PROPOSED
PROJECT
a. County, V e W P a ?I o y 2 r
creek, sound, bay) t/e C?>love SD I ?c?
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Revised 03/95
Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER TowrL Of t7 IAia B eaGL1
w
CHARACTERISTICS
J01A61Lr_ U4-1
)igs
'
a. Size of entire tract • 5 54C • ( `20I X 200 n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
"
b. Size of individual lot(s) N 1A wash
wastewater, industrial /commercial efflue t,
down" and residential discharges.) N
c. Approximate elevation of tract above MHW or
NWL y Q ri f- z ! +0 4- -
d. Soil type(s) and texture(s) of tract
d o. Describe existing drinking water su ply source.
f r
h
N h - Oew kQ?) -Flame sue l4rc
nA
n O
-
.
e. Vegetation on tract t GS
altar vt2 rv?OWICd
f. Man-made features now on tract d ?l 1 10 NE
, .
, L MArfXc,_-,AL?DDFTIONAL INFORMATION
v
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site. (Consult the local land use plan.) following items must be submitted:
Conservation Transitional
? Developed Community • A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
n4 u I .+..i -Fa yr i 1y R A - 6A forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed?,Project consistent with the applicable from the owner to carry out the project.
zoning? ? Yes No
(Attach zoning compliance certificate, ifappliaable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by I V white paper. (Refer to
done for the tract? Yes ? No Coastal Resources Commission Rule 7.1.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ? No
1. Are there wetlands on the site? Yes ? No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Anach documentation, if available)
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 secondaii?)? oail `(SR) Y -
numbers, landmarks, and the like. I 6.CE10IFICATION AND PERMISSION
J U L_ 2 5 9 0,5 a TO ENTER ON LAND
A Stormwater Certification, if one is necess
D%lSiUN 0
A list of the names and complete a?aiQeAS oLtkIANAGVG Ttand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
that such owners the application. The project will be subject to conditions
signed return receipts as proof
and restrictions contained
have received a copy of the application and plats in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed
project to the Division of Coastal activity complies with the State of North Carolina's
on the proposed proj
approved Coastal
Management. Upon signing this form, the applicant Management Program and will be
further certifies that such notice has been provided, conducted in a manner consistent with such program.
•
•
Name Town of CAr0160k 13
Address 1121 N. Lake Perk Blvd., C6crol?na??e?ecl,t NC
Phone QI o- L+ 5 8- zq R 1 2 84.28
Name TrcyCl Co 6 b
Address Box 5 7?+, [?? bson vt lie , nJC 272 yoT
Phone c? 10 - 1 44 R- 4 3 l 7
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
AIo. 25- 85 N.C. bogCP 3?q 85
F Le ive, 5.4 we - N - (05 - Do 37
V• 5. Army Corps vF Cn9r. 3 21 85
• 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.
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 z 3 r d day of , 19(q&.
Print Name 14• C • S +z-to I -e y, -Tr
,c.
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
,' DCM MP-3 Upland Development
? DCM MP4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h
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
struct res proposed ?P C eN d o W I n? won
U01 1S _VUJ1Mn1fr2 ? naD . park?r??
b. Number of lots or parcels
LJv ? i ? r?\i f` =\i
J U 2 5 1996
DIVISION] OF
COASTAL NIANAGEMENT
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?
Yes ? No
If yes, date submitted
Describe proposed method of sewage, Q.lsposal.
_TbW?? Df Caroll
VI'a
V2?tC?1
oK b!? ? s 2 wa?? 5YS-?Cr?r1
j. Have the facilities described in Item i. above
c. Density (give the number of residential units d the received state or local approval? &.5
units per acre) V VI S Z r,,r-C (Attach appropriate documentation)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. 1.2 D t X -t 2.40 sanitary wastewater, industrial /commercial effluent,
5 5 RG?? "wash down" and residential discharges).
r /+
N DT t
e. If the proposed project will disturb more than one _ wt11 be r c atti e-d ort - sil et 07
acre of land, the Division of Land Resources must dirrc4c.1 -5401-m
receive an erosion and sedimentation control plan at W r sisle" of -rbwr, of CA ro laq 13ch
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion Le.g. well, community, public system, etc.)
control plan been submitted to the Division of Land _I OW-1 of Cd n 11la 134tt A Duh/? G S yS?eitt
Resources? Yes No N
/
I
If yes, date submitted in. Will water be impounded? Yes No
If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when
AS J& aid V r Cy.?Cft-? C was the lot(s) platted and recorded?
- N?fiF
ff• C- 5gale> -Ty -
g. Give the percentage of the tract within 75 feet of Applicant or Project m
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by Signature
impervious and/or built-upon surfaces, such as 7 2 3 A?
pavement, buildings, rooftops, or to be ed for
Sou
Z
Date
.
o
vehicular driveways or parking. .
Revised 03/95
Form DCM-MP4
STRUCTURES
JUL ?1 L
2 5 1996
(Construction within Public Trust Areas)
DIVISION OF
COASTAL ivIANAGE1d1ENT
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community Private
(2) Number I
(3) Length T-
(4) Width of water body
(4) Width (5) Distance ' buoy(s) to be placed beyond
(5) Finger Piers Yes No shoreline
(i) Number
(ii) Length 3.19 f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width 4- (1) _ Commercial -Community _ Private
(6) Platform(s) Yes No (2) Number
(i) Number (3) Length
(ii) Length QO (4) Width
(iii) Width g'
(7) Number of slips proposed 10 g. Other (Give complete description)
(8) Proximity of structure to adjacent riparian
property lines is,
(9) Width of water body t 21 000
(10) Water depth at waterward end of pier at
MLW or NWL t ?L "
b. Boathouse (including covered lifts) //
Commercial Private 4a h I e y -Tr (2) Length
r
(3) Width Applicant o Project Na ,,
c. Groin (e.g. wood, sheetpile, etc.) signature
/
(1) Number -7 17- 3
(2) Length(s) Wte ///
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands

-Z
11 ? 1
J U L 2 5 1996
DI\lISION OF
C ASTAL MANAGEMENT.

LOCATION MAP
SCALE: I°= 0.5 MILES
p 0.5 1.0
FLOATING DOCK PIER
AT CAROLINA BEACH,N.C.
NEW HANOVER CO.
BY H.C. STANLEY, JR.
P.O. BOX 1723
CAROLINA BEACH, N.C.
?' u t_ Y I g 9 to
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P.D. 000 1-723
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A.?
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
September 16, 1996
Regulatory Branch
Action ID No. 199602763
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
960926
o:r *VID
Str 2 ? 1996
???oN?Nj?,01ENCEs
Enclosed is the application of Pearl N. Stanley for Department of the
Army authorization and a State Water Quality Certification to place fill
material in 1,080 square feet of wetlands and construct a dock facility over
4,110 square feet of open water adjacent to the Carolina Beach Yacht Basin
(Myrtle Grove Sound), at the intersection of Florida Avenue and Delaware
Avenue, in Carolina Beach, New Hanover County, North Carolina, for the purpose
of constructing a 16 unit condominium and boat docking area. 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.
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 November 11, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned. Should you
have any comments, please contact me at telephone [phone].
Sincerely,
f r y H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copy 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
V IAA LL v• •-?.-__ _?. ...,.?w ?? ?J .?Q.'' `'
Department of Environment, 1919 (609?
Health and Natural Resources AA[E • 4
Wilmington Regional Office PY
Division of Coastal Managemen
CO A
James B. Hunt, Jr., Governor E F=1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director

August 26, 1996
Mrs. Pearl N. Stanley
1961 Hillsboro Road
Wilmington, NC 28403

Dear Mrs. Stanley:
The Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located at the intersection of Florida and Delaware
Ave. In Carolina beach, New Hanover County. It was received on July 25 and following a site
inspection on July 31, 1996 it appears to be adequate for processing at this time. The projected
deadline for making a decision is 10/31/96. 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 tree 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.
During my review I discovered that the permit application referred to 5 finger piers for the docking
facility. These structures are not shown on the plans and if they were to be added, in my opinion the
pier width would exceed the proposed 90' length and would encroach into on or both adjacent riparian
corridors. Also we have received several comments from your near-by neighbors expressing concerns
about excess run-off being possible from the project site. Based on these concerns, I am requesting
that you have a storm water analysis prepared for the project site, and if necessary submit a storm
water plan for approval.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
Pearl N. Stanley
August 9b, 1996
Page two
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,
C?
C. Robert Stroud, Jr.
District Manager
CRS/crs
Enclosure
cc: John Parker
Harry Oakes, LPO
Bert Billings, LPO
die kh&@. COE