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HomeMy WebLinkAbout57973_TOWN OF MOREHEAD CITY_20110603rV DCAMA / ❑ DREDGE & FILL GENERAL PERMIT Previous permit# ❑New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC ❑ Rules attached. Applicant Name i Address CityState ZIP i Phone # O Fax # ( ) Authorized Agent ❑ CW ❑ EW ❑ PTA Affected AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ PWS: ❑FC: ORW: yes / no PNA yes / no ro+ect ocation: ounty Street Address/ State Road/ Lot #(s) Subdivision City ZIP ! i ❑ ES ❑ PTS Phone # O River Basin ❑ UBA ❑ N/A Adj. Wtr. Body (nat /man /unkn) Crit.Hab. yes / no Closest Maj. Wtr. Body ■■a■.a■■%..■der►:■e:■■:rep■■��n■u■r+�■■��w■�c■r�r�c��� _ ■■■■■■■■n■■:�■� ■�■�w■ern■y■■■w■■■■■N■■■ ■■■��■■NLIMIR■■MIUMLI■ Rlli �� 111.l1IY�1�/!■ w r - �i■�1■■■■ ■■■■■■■■■lilt■1�■■i�ilt`HOMM iNCUU■■■■■■■■■■■ ...:. ■■■■■■■■w■■■■■■■■■■■■�■■■■■■■fin■■■■■■■■w - - . ■■■■■■i;SF7■ii■ii�i■■■IP.n�®i�Ti■■■+3 i�!■ii■7!/�I1MR �fi■■■■■Il1�p■■■■■I�■■■!�!l��!■■I11C■■iN■■■tl■i■ON I7lf■■■■■■■C�iZ7a1LL■iiii��LJ'"di!l�t::lil!■�►. Iti■®d�l�l ■■■■■■■■1®i�41{i■■�9■■■■I�iii■i��J■■fl�lliii®■■■�fl�■■■■ ■■■■■■■■■■I�■■■I■■�l3i■■■�]1■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ No No Agent or Applicant Printed Name PermitOfficer's Signature Signature ** Please read compliance statement on back of permit ** Issuing Date Expiration Date Application Fee(s) Check# Local PlanningJurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar -Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax: 919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 t LIM Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp, impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp im acts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount I Dredge Fill ❑ Both ❑ Other ❑ oil1 ❑ Fill ❑ Both ❑ Other _ froDredge Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ..._ •.�,.,�•r».Cf3A;�T ��r•,v:!r.ncraa�.,,.�L..,.a.s. �e..,.�: .n;.,+# LENOIR DUPLIN PENDER CRAVEN JONES ONSLOW PAMLICO CARTERET COUNTY t 7C " V16 AREA OF INTEREST ARENDELL STREET �. I ?� ' �- .1..:'�•�i I S w mot, ui co le LLJ Ic !4 EVANS STREET '�"► OO '' d .ire` ! , , R, t L f , 1.� 'ice• .-i � 4 PROJECT LOCATION c-' PROJECT TITLE: PREPARED FOR: DRAWING TITLE: SCALE '. FIGURE# CONTINENTAL SHELF VESSEL DOCK TOWN OF MOREHEAD CITY PUBLIC WORKS DEPARTMENT VICINITY MAP N.T.S. DATE onns �� 0 REPLACEMENT 706 ARENDELL STREET ijw 1 MOREHEAD CITY, NC 28557 PROJECT# PROJECT# 10140 w w t 00 EX. BUILDING EX. TIMBER PIERS AND WALKWAY 0- N/F TOWN OF Y '' TIMBER DOCK TO BE REPLACED COASTAL WETLANDS OYSTER SHELL BED i CHANNEL LINE EX. MOREHEAD CITY DOCKS '-PROJECT LOCATION N/F GEORGE G. PURIFOY, JR. OLYMPUS DIVE CENTER DOCKS BOGUE SOUND BULKHEAD CHANNEL -8' EXISTING CONTOUR EXISTING TIMBER PILING ® EXISTING TIMBER DOCK SCALE (IN FEET): 6%w%-mm 80' 80' 160' 9�- HANNEL LINE SUGARLOAF ISLAND PROJECT TITLE. PREPARED FOR. DRAWING TITLE: CONTINENTAL SHELF TOWN OF MOREHEAD CITY VESSEL DOCK PUBLIC WORKS DEPARTMENT EXISTING REPLACEMENT 706 ARENDELL STREET CONDITIONS MOREHEAD CITY, NC 28557 SCALE FIGURE# 1'=80' O DATE04/15/11 DRAWN BY'. JJW PROJECT# 10140 SN�PP CONCRETE .` P�� BULKHEAD q j TIMBER PIE`F� TO REMAIN I ALL DECKING, FRAMING, PILES, WATERLINES AND ELECTRIC FACILITIES TO BE REMOVED INSIDE DEMOLITION LIMITS IREMOVE EX. TIMBER EX. BUI IIGS- PILE (4) TO REMAIN f 1 � _ i CHANNEL LINE °/ _ / ; ! PILING TO BE REMOVED - ° PILING TO REMAIN ° SCALE IN FEET : 0' 20' 40' PROJECT TITLE: PREPARED FOR: DRAWING TITLE: CONTINENTAL SHELF TOWN OF MOREHEAD CITY DEMOLITION VESSEL DOCK PUBLIC WORKS DEPARTMENT REPLACEMENT 706 ARENDELL STREET PLAN MOREHEAD CITY NC 28557 SCALE: FIGURE 1'=20' 03 DATE: 04/15/11 DRAM BY, JJW PROJECTM 10140 *4cl00 SN�QP� EXISTING DECK PROPOSED DECK - c COASTAL WETLANDS OYSTER BED "- CHANNEL LINE CHANNEL SETBACK LINE BOGUESOUND BULKHEAD CHANNEL CHANNEL LINE SCALE IN FEET): 0' 100' 200' 750' SUGARLOAF ISLAND PROJECT TITLE.- $CALF FIGURE» PREPARED FOR: DRAWING TITLE: 1' = 100' CONTINENTAL SHELF VESSEL DOCK TOWN OF MOREHEAD CITY PUBLIC WORKS DEPARTMENT SITE PLAN DA E 04 ���� DRANM By 04 REPLACEMENT 706 ARENDELL STREET ejw MOREHEAD CITY, NC 28557 PROJECTA io»o SECTION A -A n SCALE: 16 = 1' 0"n FENDER I k/—PILE EL_ 9 00, n EX. ELEVATION VARIES /ATION J. 12' E M.H.W. Im M.L.W. �I II. II PILES MINI. 12' BELOW TO PENETRATE MUDLINE i -c J� -3 NO. DESCRIPTION BY DATE 8'-32" ; 8'_32" 10' T 10, SECTION B-B SCALE:6" =1' 0" 10, EL. 9.00' o EL. 4I 0 . -sue CLIENT PP.O.IECT- DRAWING TITLE-' BAY��CH• �. " E TOWN OF MOREHEAD CITY W"A PUBLIC WORKS DEPARTMENT CONTINENTAL SHELF VESSEL ' �- �'�°°' DECK CROSS 706 ARENDELL STREET DOCK REPLACEMENT SECTIONS MOREHEAD CITY, NC 28557 Preliminary Drawing Not For Construction s SHEET. AS SHOWN DAIS ansm �6 J ,rwP PRO.IFGTW �ouo-os .r' CONCRETE -' BULKHEAD BUILDINGS TO REMAIN f f 3 t t �s DREDGING -10,000 SQUARE FEET \ --1,000 CUBIC FEET CHANNEL SETBACK i LINE s i CHANNEL LINE EXISTING CONTOUR SCALE IN FEET: PROPOSED CONTOUR Prekrdnary Not For ConDrawing struction DREDGING AREA 0' 30, 60' PROJECT71TLE. PREPARED FOR: iDRAmBNG TILE: SCALE ' _N FMUREM. CONTINENTAL SHELF TOWN OF MOREHEAD CITY IAM Baisi9 VESSEL DOCK PUBLIC WORKS DEPARTMENT DREDGING PLAN 07 REPLACEMENT 706 ARENDELL STREET o��RB} jJvv MOREHEAD CITY, NC 28557 PROECT*. low TOWN OF MOREHEAD CITY ? PUBLIC WORKS DEPARTMENT 0 ° P.O. Drawer M /p� 1g50 706 Arendell Street Morehead City, NC 28557 Phone: (252) 726-6848 Fax: (252) 726-2267 DAVID MCCABE Email: mcpw@bizec.rr.com Public Works Director 919-779-6141 Fax 919-662-1573 RECEIVED CERTIFIED MAIL - RETURN RECEIPT REQUESTED lUN 1 2011 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER DCITY Name of Individual applying for Permit: o, T_ Address of Property: f ���'��'``�� S� 1ti� (f C (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. V I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, boatlift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. Aif you wish to waive the setback, you must initial the appropriate blank below.) 4-11 �� I do wish to waive the 15' setback requirement. 414 I do not wish to waive the 15' setback requirement. (Applicant Information) .mow - o,,4 Z'n HC Ma ling Address I () � City/State/Zip j.qN(-/1 &�, 5s Telephone Number Date (Ripar} Prope O er Information) Signature Z '�-- Print or Type Name Telephone Number Date i LEGEND � — — COASTAL MARSH BELOW NHW EXISTING STRUCTURES EXISTING DOCK z 4'AATS STRRE7• EX. CONCRETE _.... - - -- .. -. - --- _. 60'PUBE.IC ROW _--- ... (3ULKHEAD --- • • • • • • • • • • • • • CHANNEL EDGE EX. BULKHEAD - -- - -..__ _..._. _ _ -EX. BLDG m� — EX. BULKHEAD -- AEC 4RE0. Of ENVIRONMENTAL CONCERN _ 335.0 S84°18' .'E .. - - EX EXISTING M INN MINIMUM NT m A _ YP TYPCAL X. RUDDY I — Ex. BLDG NTS NOT TO SCALE �'�_ EX_^DQCK" � ( : `^ NHW NORMAL HIGH WATER ` j DDCK BLDG. •Ot 510. 130•I S84°18 MW MONITORING WELL R D 7 _ R/W RICHT OF WAY z , EX. PILINGS I m ! IE NHW -E~"'�--______ -_-- WELL SUPPLY WELL I ZI ,` _-L I i IC-Z I 1 1: EXISTING �I: SANITARY �j _i L EX. DECK J� ° ° °1 0"Zi I' RESTAURANT - ,� Ir ] 1J ~ ° of 3 PROPOSED 4X16 PAX �CK_ GANGWAY +_ f I] m ° LPILINGRDOCK ° ° j S EX. FLOATING � � �: ` ` �---�. � f ] v� ° 0 0 DOCK i EX`DECK -_ 1 ° ...,DISTANCE LINE• - - _ cam> CUM I `EX. PILINGS EXISTING SANITARY _ - - __j RESTAURANT BLDG _ A HISTORIC RIPARIAN LINE DISTANCE LINE EXISTING DECK m: ,h. PROPOSED FLOATING r.-: 0: DOCK v NHW EL 3.10 NS4C£ pl NLW EL 0.00 r - r- t`d I' ! ARENDELLJ STREET US HIGHWAY TO SITE VICINITY MAP: MOREHEAD CITY yg 1. ER ip- o: hfqD f :HARD a. R eo SeT&ACK ..................................... OF USACE L IAF CYAN NE BOTTOM DEPTHS 7 APPROXIMATED SHEET #1 OF 1 PROJECT ss: PM1957 DESIGN FILE #-. PM1957.DGN - EXISTING CONCRETE BULKHEAD PROPOSED GANGWAY - REVISIONS: MIN 8 FT EMBEDMENTJ Na er DATE DEsc __N __ ON ALL PILINGS I FLOATING DOCK SECTION A -A Dw 44911 DAr SUPS Cl SCALE: I' = 20' 2 DWG +20-11 ADD Two BoxsuP5 EOGF op U SgCf MAJO CAMA LAN FfOeRq( CyANN r f` SANITAIR Y I$1�S7 AU'j$.A1.NT OfR4G C& MOREHEAD TOWNSHIP, CARTERET COUNTY . NORTH CAROLINA APR � �, SFt s t®tmmtototo� �m�eN GAJ�U/s���040 CLIENT: ]ENT: ROGUE BANKS CONSTRUCTION DESIGNED: DWG Ry SIG J.�I[ �W�IGy ACK dd��"`` s I �`o 0� ���" �/ 0 �1• ®.••FESSlp ti•�`�,s ADDRESS: Moreheod11 eCStD�INC DRAWN- ¢� ;ww�'Ry''6' :•i-.:;,�-,: .al,.a�,c'"4`�,���9�g, 4�:`::,, Y.�Ic al° W�'.cyRy��IC•L�Ic SIR, C�.QO y 28557a4530 DWG PHONE: 252-725-0985 CHECKED: 13343 RDC 1 1 1 60 30 0 60 120 :9= I :Oc�,Q� STROUD ENGINEERING, P.A. APPROVED: RDc 151A HIGHWAY 24 �� C MOREHEADCITY, N.C. 28557 DAT DV 4TCE 5E N0. C 0647 11 %AUrD_��LLMfl!�R(Z� S E 11= SCALE: 6 0 P.E. 1" 60' EMUS L. THOMPSON, Mayor Pro Tem Council ORGE W. BALLOU AUL W. CORDOVA DAVID HORTON JOHN F. NELSON May 6, 2011 \�/{�( j���yV j����jr I��V j��I, CITY GERALDA. JONES, JR., Mayor �" J O �lJiaJi 11 Jl �AJil' CI Ji Ji �PD C/T NO RTH CAROL I N 706 Arendell Street Morehead City North Carolina 28557-4234 TEL (252) 726-6848 FAX (252) 726-2267 www.moreheadcity.nc.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED Olympus Dive Shop 713 Evans St. Morehead City, NC 28557 RE: Notice to Adjacent Property Owners Application for CAMA Permit Continental Shelf Dock Repairs . To Whom It May Concern: r] 1. h A o o Z 0 O n o A, �NC.�1859 R. RANDY MARTIN City Manager The Town of Morehead City plans to remove and replace the existing docks at the Continental Shelf Headboat slips. Included in the work will be dredging of the slips area and the installation of a finger pier with two lifts for emergency services boats. In order to obtain a CAMA permit the City is required to provide written notice of the proposed project to adjoining property owners. The purpose of this letter is to provide notice of the project in accordance with the CAMA requirements. Property owners desiring to comment on the proposed work must do so in writing within ten (10) days of receipt of this notice. No response will be interpreted as no objection to the proposed work. Written comments must be addressed to: Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Ave. Morehead City, NC 28557 UNITEC(At%- .d • Sender. Please print your name, address, and ZIP+4 in this box • TOWN OF MOREHEAD CITY 706 ARENDELL STREET MOREHEAD CITY, NC 28557 I- m 0 1 1 zJ,i- tti m Postage $ m Certified Fee r-R Postmark p Return Receipt Fee Here p (Endorsement Required) 1-3 Restricted Delivery Fee (Endorsement Required) 0' C3 Total Postage & Fees $ m C3 Sent To � � , !u- eiO � be,&W6t, Apt. No.; ------- - 17` or PO Box No. --------------------------------------------------------------------- State, ZIP+4 PS Foion :r ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the never, so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Shy , ss If YES, enter delivery address below: 3. Service Type ji2j];ertifted Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7010 3090 0001 3897 4037 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • A copy of the proposed work is attached for your reference as well as an adjacent riparian owner notification form. If you have any questions, please do not hesitate to contact me. 29 i Sincerely d 4 N �O �O David McCabe, Director Public Works n AO 0 • CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT d ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual applying for Permit: o Address of Property: (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, boatlift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Applicant Information) (Riparian Property Owner Information) Mailing Address Signature City/State/Zip Print or Type Name Telephone Number Telephone Number • Date Date EXISTING BUILDING TO REMAIN sN`�eP� 12'6" f 0 b BOAT LIFT PILES (8) E SCALE IN FEE 0' 20' 40' CONCRETE BULKHEAD o EXISTING PILING TO REMAIN 501611 0 PROPOSEDFENDER PILE (3), TYP. A TIMBER FINGER \ PIER 61' CHANNEL LINE PROJECT TITLE: PREPARED FOR: DRAWING TITLE. - CONTINENTAL SHELF TOWN OF MOREHEAD CITY VESSEL DOCK PUBLIC WORKS DEPARTMENT SITE PLAN REPLACEMENT 706 ARENDELL STREET MOREHEAD CITY, NC 28557 y EXISTING TIMBER PIER TO REMAIN SCALE FIGURE# 1'=29 O 5 DATE. 04/15/11 DRAWN BY: Jjvv PROJECT# 10140 n I II SECTION A -A SCALE: 1-" = 1' 0" 6 4 FES PILE EL. 9.00' — • i i• i i• i I i• i i• i I• M.H.W. M.L.W. II �I II PILES MINI. 12' BELOW TO PENETRATE MUDLINE C0� I 8'-32" - I 8'-32' 10' - I 10' SECTION B-B SCALE: 16" = 1Am NO. DESCRIPTION BY DATE BAD. ARE�Md. ER,al, WOF 3CV C1 STREET uoREHEw QfY, MORfFi crnax4 2L537 =-247-42W n 232-247-7" design group .......b.�.���..�m TOWN OF MOREHEAD CITY PUBLIC WORKS DEPARTMENT 706 ARENDELL STREET MOREHEAD CITY, NC 2E657 10, PROJECT CONTINENTAL SHELF VESSEL DOCK REPLACEMENT {. ELEVATION VARIES EL. 9.00' 0 EL. 4.14' O EL. ALA EL. LL. EL. -6.0' 0 DRAWING TITLE:' DECK CROSS SECTIONS Preliminary Drawing Not For Construction SCALE SHEET AS SHOM O �f NV DATE_' W15111 axami BY JJW APPROVED EY: JWF PFYJJECT 11 1014H5 k ME SCALE IN FEET 0' 30' 60' EXISTING CONTOUR PROPOSED CONTOUR DREDGING AREA J ) 88 T Preliminary Drawing Not For ConsNuctwn PROJECT T171E PREPARED FOR: DRAWMl6 TRLE SCALE FIGUMN CONTINENTAL SHELF VESSEL DOCK TOWN OF MOREHEAD CITY PUBLIC WORKS DEPARTMENT DREDGING PLAN 1* = w aIE o+�,s„ 07 REPLACEMENT 706 ARENDELL STREET �" JJw MOREHEAD CITY, NC 28557 10140 41EMUS L. THOMPSON, Mayor Pro Tem Council EORGE W. BALLOU PAUL W. CORDOVA DAVID HORTON JOHN F. NELSON May 6, 2011 GERALD A. JONES, JR., Qr MOREH AD CITY N O RTH CAROL I NA 706 Arendell Street Morehead City, North Carolina 28557-4234 iNc 1g5s TEL (252) 726-6848 FAX (252) 726-2267 R. RANDY MARTIN www.moreheadcity.nc.gov City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED Captain Bill's Restaurant 701 Evans St. Morehead City, NC 28557 RE: Notice to Adjacent Property Owners Application for CAMA Permit Continental Shelf Dock Repairs • To Whom It May Concern: The Town of Morehead City plans to remove and replace the existing docks at the Continental Shelf Headboat slips. Included in the work will be dredging of the slips area and the installation of a forger pier with two lifts for emergency services boats. In order to obtain a CAMA permit the City is required to provide written notice of the proposed project to adjoining property owners. The purpose of this letter is to provide notice of the project in accordance with the CAMA requirements. Property owners desiring to comment on the proposed work must do so in writing within ten (10) days of receipt of this notice. No response will be interpreted as no objection to the proposed work. Written comments must be addressed to: Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Ave. Morehead City, NC 28557 is UNITED T�'-IN59fWi' • Sender. Please print your name, address, and ZIP+4 in this box • TOWN Of MOREHEAD CITY 706 ARENDELL STREET MOREHEAD CITY NC 28557 (Domestic IInstwancetwoverageProvided) to EZI For delivery Information visit our website PS.COMG - CO Postage $ m Certified Fee r-q Postmark O Return Receipt Fee Here O (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) ED Total Postage & Fees $ m Sent To O ri ----- --------------------- ------ - ---------------------------- S4iaet, dpt. No.; ------------ or PO Box No. CityState, ZIP+4------------------------------•-------------------------------------- 900, August 20C ie Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: V�ti.v ©1 -° �4 AJ A. Signatu X Addressee B. Received by ( Printed Name) t Da e,Qf Delivery !1 D. Is delive address different from item 1? El Yes If YESAnter delivery address below: ❑ No v lJ� 3. Service Type RLcertified Maii ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 010 3090 0 0 01 3897 4051 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; ti �A O • A copy of the proposed work is attached for your reference as well as'an adjacent ri <;L owner notification form. If you have any questions, please do not hesitate to contact m . Sincerely CZ14 --- avid McCabe, rirector Public Works • 0 i i • 0 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual applying for Permit: Address of Property: (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, boatlift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Applicant Information) Mailing Address City/State2ip Telephone Number • Date (Riparian Property Owner Information) Signature Print or Type Name Telephone Number Date FI A nn' _ SECTION A -A SCALE: 16,, = 1' 0" In I * _ FEt� I I I PILE M.H.W. 17 M.L.W. 11 �I it PILES MINI. 12' BELOW TO PENETRATE MUDLINE x"' row'? I 8'-32" — 8'-32' - -; 10, 10, SECTION B-B SCALE: 1- = 1' CUENT TOWN OF MOREHEAD CITY PUBLIC WORKS DEPARTMENT 706 ARENDELL STREET MOREHEAD CITY, NC 2f 557 10, — - PROJECT: CONTINENTAL SHELF VESSEL DOCK REPLACEMENT ELEVATION VARIES EL. 9.00' EL. 4.14' O �v EL. 1.12 EL. EL. -6.0' 0 �v DRAWING TITLE:' DECK CROSS SECTIONS Preliminary Drawing Not For Construction SCP1E SHEET# AS SHOM O /� VM DATE' 04115111 ORA1Nl BY: JJW A. -PROVED EY_ JVVF PROTECT 11 10140-05 DREDGING to -6' NAVD 88 —10,000 SQUARE FEET —1,000 CUBIC FEET CHANNEL SETBACK LINE CHANNEL LINE EXISTING CONTOUR SCALE IN FEET: -------- PROPOSED CONTOUR Preliminary one ® Not For Construction DREDGING AREA 0' 30' 60' PROJECT TITLE PREPARED FOR: DRAWING TITLE xuF FIGM It CONTINENTAL SHELF VESSEL DOCK TOWN OF MOREHEAD CITY PUBLIC WORKS DEPARTMENT DREDGING PLAN 1• = 37 oaTan m vwB 07 REPLACEMENT 706 ARENDELL STREET JJW MOREHEAD CITY, NC 28557 °"°'�" 10140 Cc, U,ud NORTH CAROLINA CARTERET COUNTY LEASE AGREEMENT THIS LEASE, made and entered into this 29th day of January, 2010, by and between N. Frank Swanson, party of the first part, hereinafter referred to as "Lessor"; and the Town of r Morehead City, a municipal corporation of the State of North Carolina, party of the second part, hereinafter referred to as "Lessee"; WITNESSETH: WHEREAS, Lessor covenants and warrants that he is the owner in fee of the property hereinafter described, seized of such Premises, and desires to lease the same to Lessee; and WHEREAS, Lessee desires to lease the said property from Lessor; NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter contained, plus other good and valuable consideration, the receipt and sufficiency of the same being hereby acknowledged, the Lessor does hereby let, lease, and demise unto Lessee, and Lessee hereby agrees to take and lease from Lessor for the term hereinafter specified, the following demised premises (hereinafter "Premises): That area which has been marked and hashed on that map entitled "EXHIBIT A, SWANSON TRACTS", including all riparian and littoral rights appurtenant thereto, said map being attached hereto, incorporated by reference. For title reference see that deed recorded in Book 373, page 77, Carteret County Registry. To have and to hold for a term, and under the conditions and covenants hereinafter set forth: 1. Term: The term of this lease will be from November 15, 2009 through November 14, 2039, thirty (30) years. At the end of the primary term, Lessee is granted an option to renew for six (6), five-year (5 year) renewable terms. Rent will be adjusted as hereinafter set forth. It is further agreed and understood that unless Lessee gives written notice to Lessor at least sixty (60) days prior to the expiration of the primary term, or the then current renewal term, of its intent to cancel the lease, the next renewal term shall automatically begin. 1 2. Rental: Rental for the first year will be payable as follows: Beginning November 15, 2009, the rent shall be $2,145.59 per month. Rental payments at the beginning of year two, shall be increased by three percent (3%). Likewise, each successive year thereafter, rental shall be increased by three percent (3%) per year. Furthermore, should Lessee exercise any of the renewal options, said rental will continue to increase 3% per year, each and every year of this lease. 3. Lessor's Title: Lessor covenants that he is well seized of the leased premises, has good right to lease them, will put Lessee in possession thereof, and Lessee shall peaceably and quietly have, hold and enjoy the leased premises; and Lessor warrants and agrees to defend the title to said premises and to reimburse and hold Lessee harmless from any loss by reason of any defect in the title. Lessor agrees to notify Lessee immediately upon any default in payment of mortgage interest or principal or in payment of taxes, assessments or other liens upon the premises which Lessor is obligated to pay, and Lessee shall have the right to make such defaulted payments for the account of Lessor, applying such payments against Lessee's rent obligations hereunder. 4. Right of First Refusal to Purchase: Lessor agrees that he will give to Lessee notice that he desires to sell the property subject to this lease and will give Lessee first opportunity to purchase same. Furthermore, should Lessor receive a written bona fide offer to purchase the Premises from some third party which he desires to take, then he must first give Lessee notice of such third party offer and its terms and conditions, and Lessor shall have the right to purchase said property on the same terms and conditions as contained in said offer to purchase. It is further agreed and understood that once said third party written offer to purchase has been received by Lessor, Lessor will provide a copy of the same to Lessee as part of the required notice and Lessee will have thirty (30) days to give Lessor notice of intent to either accept or reject the terms and condition of said offer to purchase. Lessee's failure to give timely notice of intent shall be tantamount to rejection. Lessee shall have sixty (60) days from the date of giving its notice of intent to accept in which to close said transaction unless said offer to purchase provides for a greater time. 5. Use: The demised Premises shall be used for the mooring of vessels, parking and any other lawful use. Lessee shall at all times fully and promptly comply with all laws, 2 ordinances and regulation of every lawful authority having jurisdiction over said Premise;' ; !J Lessee will not allow any activity which would be a nuisance or be detrimental to the area. Should Lessee wish to make any improvements or any construction within the demised premises, it will first get written permission from Lessor prior to said construction. G 6. Maintenance: Lessee, as a condition of this Lease, assumes all obligations for general maintenance of the demised premises which includes all piling, framing members, cross members, and decking. All improvements, including both those made and those improvements that are existing at the time of this Lease Agreement, shall be maintained in clean, good and safe condition, a condition similar to or better than that existing upon the execution of this Lease, reasonable wear and tear excepted. Lessee assumes all responsibility, including any future requirements, of adhering to any terms and conditions for the installation of any electrical service, water, or sewage service to be placed on said property. Further, should Lessee have placed on said property any electrical service, water, sewer lines, meters, etc, they are to remain the property of Lessee, but at the termination of this Lease, all of said improvements, pipes, etc., shall become the property of Lessor. 7. Property Taxes: Except as otherwise provided herein, Lessor shall pay all property taxes assessed against the Premises. With regard to any improvements for the benefit of the Lessee, any and all increases in taxes for the Town of Morehead City or Carteret County resulting from said improvements shall be the sole and separate responsibility of Lessee. Lessee will see that all its improvement are listed in its name, and will see that all ad valorem taxes for the Town of Morehead City and Carteret County are paid promptly. However, should the Town of Morehead City or Carteret County refuse to put said improvements in the name of Lessee, and charge them accordingly, then if the improvements increase the tax value of the property, the amount of increase for said taxes will be charged to Lessee. Lessor shall have the right to collect said increase in said tax, based upon the improvements made by Lessee, from Lessee by giving notice to it of said increase. 8. Ownership of Improvements Upon Termination: Unless otherwise agreed to by separate written agreement of the parties, once this Lease is terminated or expires by operation of its terms, then all improvements made on the Premises (except those improvements made North of Shepard Street) shall be the sole and separate property of Lessor, and Lessee shall have no right to remove any of said items which constitute the improvements to this property. 3 Imo: Should Lessee make any improvements on the Premises which would lie North of She d,;- Street, it shall have the option of removing such improvements, whether or not attached1Q, realty, prior to or at the termination or expiration of this lease. Lessee will provide ten (10) days written notification to Lessor of its intent to relocate or remove any such improvements, and Lessor will have the option to purchase said improvements at fair market value. Lessor will give Lessee written notice of such intent within the ten (10) day period and closing shall take place on the purchase within thirty (30) of such notice of intent. Failure of Lessor to give timely notice or to close on time will terminate Lessor's right to purchase the improvements. Should Lessee remove any of said structures or improvements on the North side of Shepard Street, it will leave the Premises in a similar condition as the same existed upon the execution of this Agreement, reasonable wear and tear excepted. 9. Fuel Facilities: Should Lessee install fuel facilities or have fuel delivered to the Premises, Lessee shall be responsible for any type of spill or pollution on any of the demised Premises or in the waters that abut, and Lessee shall be responsible for all clean up necessary to remove any and all sources of contamination, holding Lessor harmless from any claims that may result therefrom. 10. Sublease: Lessee has received an assignment of a sublease for part of the Premises which is to the owner's and/or operators of the "Continental Shelf' charter fishing vessel. Lessee has also reached an agreement in principal to sublease part of the leased Premises located North of Jib Street (Shepard Street) to Bobby Purifoy for placement of a refuse "dumpster" serving Olympus Dive Shop, Carlones Restaurant, Williams Restaurant and for outdoor seating associated with Williams Restaurant. The assigned sublease with the Continental Shelf and the sublease to Bobby Purifoy or some entity owned primarily by him, and/or any new sublease agreement between Lessee for the same areas of the Premises to the same sublessors, is expressly approved by Lessor. Any and all other subleases or rentals by the Lessee of any part of the Premises for a period exceeding one year must be approved in writing by the Lessor. Any subleases or rentals by the Lessee for any part or the whole of the Premises for a period of less than one year will not require Lessor's approval and are specifically allowed. 11. Default: In the event Lessee shall fail to pay any of the monthly installments of rental for a period of more than ten (10) days after same shall become due and payable, and if such failure or violation shall be continued for a period of fifteen (15) days after Lessee has M been advised by written notice by Lessor to pay such rental, Lessor may, at his option, terminate this Lease, re-enter the demised premises by summary proceedings or otherwise' p expel Lessee and remove all property therefrom and relet the premises at the best possible rent `'3 c� obtainable, making reasonable efforts ❑herefore, and receive the rents therefrom. Lessee shall remain liable for the deficiency, if any, between Lessee's rent hereunder and the price obtained by Lessor on reletting. 12. Termination of Lease: Except as may be otherwise provided elsewhere in this Lease, Lessee shall yield up the demised Premises and all additions thereto at the termination of the Lease in as good and tenantable condition as the same are at the beginning of Lessee's occupancy, reasonable wear and tear, damage by fire and other casualties excepted, and also excepting any damage, disrepair and other conditions that the Lessor is obligated to repair or correct. 13. Destruction of Premises: Should the demised Premises be damaged or destroyed by fire, flood, wind or other catastrophe, where the property cannot be used by Lessee, then Lessor shall have the right to terminate this lease or to rebuild. Should Lessor elect to rebuild, then during the rebuilding stage, while the premises cannot be occupied by Lessee, the rental shall abate. 14. Insurance: Lessee will carry liability insurance to insure against any injury to or damage to the property of the public while on the demised Premises in an amount of not less than $1,000,000.00 coverage. This condition cannot be waived without the express written permission of Lessor. 15. Required Notices: All required notices or permitted notices to be given pursuant to the terms of this Lease shall be deemed to be properly given if delivered in writing personally or sent by first class mail, postage pre -paid, to Lessee or Lessor as the case may be, at the addresses below: Lessor: Frank Swanson P O Box 1474 Newport, North Carolina 28570 5 Lessee: Town of Morehead City Attention: Town Manager 706 Arendell Street Morehead City, NC 28557 (With Copy To): Taylor & Taylor, PA 610 Arendell Street Morehead City, NC 28557 or to such other address as may be furnished by either party to the other in writing. The date of mailing shall be deemed the date of giving such notice. 16. Quiet Enioyment: Except as provided herein, the Lessee shall be entitled to the sole and exclusive rights of possession and use to the Premises demised herein, and shall have a right of quiet enjoyment with respect thereto as by law provided. 17. General Terms: (A) All additions, alterations or changes to this Lease Agreement must be in writing and signed by both parties of this Agreement. (B) The terms of this Lease Agreement and any remedies available for its breach shall be governed by the laws of the State of North Carolina. © This Lease Agreement contains the full agreement of the parties, and all prior negotiations, agreements, and understandings are merged herein. (D) Whenever used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders as the context may require. (E) Nothing herein shall be deemed a waiver of Lessee's defenses, immunities, or other rights as are provided to municipalities under North Carolina law. (F) A memorandum of this Lease may be recorded in the records of the Carteret County Register of Deeds office. [SIGNATURES ON THE NEXT PAGE] [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 0 IN TESTIMONY WHEREOF, Lessor and Lessee have properly and legally executed to Lease Agreement the day and year first above written. LESSOR: EAL) N. Frank Swanson LESSEE: TOWN OF MOREHEAD CITY ATTEST: Jenne Giblin — Tow�JClerk To n of Morehead City NORTH CAROLINA CARTERET COUNTY I, I(/E e/, Notary Public of the County and State aforesaid, certify that N. Frank Swanson personally appeared before me this day and acknowledged the due execution of the foregoing document. WITNESS my hand and notarial seal this the. day of December, 2009. Notary Public My Commission Expires: 7— -o4/� 7 NORTH CAROLINA CARTERET COUNTY 1, !� ` G �(� do certify that Jeanne Giblin, personally came before me, a Notary Public of said County and State, Jeanne Giblin, who being by me duly sworn, says that she knows the common seal of said Town of Morehead City, and is acquainted with Gerald A. Jones, who is the Mayor of said Town; and that she the said Jeanne Giblin, is the duly appointed and designated Town Clerk of said Town, and saw the said Mayofl sign the foregoing instrument, and that she the said Clerk as aforesaid, affixed the said seal to; G said instrument, and that she the said Clerk signed her name in attestation of the execution of said instrument in the presence of said Mayor of said Town. This the day of D er,� My Commission Expires: ,`,�1►►►►►i►rrrrrr JP�NET� _n N 0 7, �r = a -o = G. 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CHECK AMOUNT 04/29/2011 57643 $200.00 11'0005761,31" 1:053101L20:L2363700L811' jai r � c�) TOWN OF MOREHEAD CITY.i{ 706 ARENDELL STREET o MOREHEAD CITY, NORTH CAROLINA 28557 g �. GENERAL FUND r s >< .Q PAY ****500 DOLLARS AND 00 CENTS NC DEPT ENVIRONMENT PAY AND NATURAL RESOURCES,< TO THE 00000 ORDER OF it�pti ,BRANCH BANKING & TRUST COMPANY y MOREHEAD CITY NC 28557 66112 dS!11 iY; ka# d4zZ ltt t r°r 1; 531 � txf Im a 057684 01 CHECK NO$ CHECK AMOUNT t a 05/05/2011 €; 57684 'kb,r r,x: $500.00 i VOID AFTER 60 DAYS THIS DISBU M T EEN APPROVED AS UIR BY THE LOCA G RN N UDG T AND FI TRO ACT. II40Lj0 5 7 5B Lill' I:0 5 3 1011 2 11: L 2 36 3 700 Lane