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HomeMy WebLinkAbout09-06_Town of Emerald Isle_20060421Emerald Isle 09-06 Local Government Permit Nu CAMA MINOR DEVELOPMENT M Fam PERM I as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal -Area Management" This permit authorizes: Regrade parking area and install stormwater infiltration system (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on 4/4/06. ' (2) All construction must conform to the N.C. Building Code requirements and.all other local, State and Federal regulations,. applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (252) 808-2808 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the. appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2009 In issuing this permit it is agreed that this project is consistent with the local land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. CA )Ryan Davenport ALOCAL PERMIT OFFICIAL 400 Commerce Ave. M r ea ity,11�C 28557 PERMITTEE (Signature required if conditions above apply to permit) Name: Town of Emerald Isle Minor Permit # 09-06 Date: 4/21106 Page 2 .(5) The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by the DCM, the LPO, or other assigned agent of the DCM. (6) The permittee is required to contact the Local Permit Officer (252) 808-2808, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C:. Building Code, and the Local flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code. or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. (10)Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (11)All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed . areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. (12)Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural - shoreline recovery or beach renourishment takes place. within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the. permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. SIGNATURE: DATE: PERMITTE A oF cc>Asr41 APPL ION F }CAR% N, 401 y Orehe'; *441 DEVELOPmkw PERMITrc) i In 1974, the North Carolina General Assembly Pass XCoastal Area - Management Act and set the stage for guiding development in fragile and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to imple- ment clear regulations that minimize the burden on the applicant.'' This application fora minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been designed to be straightforward and require no more time or effort necessary from the applicant. Please go over this folder with the Local Permit Officer (LPO)'for the locality in which you' plan to build to be certain that you understand whatinformation he or i she needs. a' Under CAMA regulations, the minor permit is to be issued within 25 J days once a complete application is in hand.' Often less time is needed if :the project is simple. The process generally takes about 18 days. You can speed the approval process by,,making certain that your application is signed, that complete and s com li ou� p g y r drawing meets the specifications given inside and that your application fee is attached. 5 Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the �s. Local Permit Officer to determine which of these you may need. A listing is included on page 2 of this folder. " We appreciate your cooperation with the North Carolina Coastal Man agement Program and your willingness to build in a way that protects the resources of our beautiful and productive coast. i`' Coastal Resources Commission Division of Coastal Management , Permit Number Public Trust Shoreline Other nv�t� APR 4 - 2006 LAND OWNER Name ! vM l 6m a.l vG,k IVIOfGI"lec`�Ci iltj/ D('iM Address 77�i06 '�d��d wlyt City Ewald State V', Zip Phone k�2 20 "ZIY AUTHORIZED AGENT Name �G� vi IL 944 _ rrr /� ���� �✓ Address !�'fte g! 111 1K City LOCATION OF PROJECT - the adjacent waterbody?) State Zip Phone streetname and/or directions to site. If not oceanfront, what is the name of DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.. troct vkr � QV 6X i1�Dlfre 1/d f n lc ►gyp-+� �/l d vq-;ti ime SIZE OF LOT/PARCEL: �, '7 �,� square feet acres PROPOSED USE: Residential (Single-family Multi -family ) Commerical/Industrial Other_ Q v0(1G f 2✓44Y TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI- RONMENTAL CONCERN (AEC): NA square feet (includes all floors and roof -covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN . q) J2�d`',) THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): sq. ft l (Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) Choose the AEC area that applies to your property: (1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC (2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters (3) within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) STATE STORMWATER MANAGEMENT PERMIT. Is the project located in an area subject to a State Stormwater Management Permit issued by the N.C. Division of Water Quality? YES NO_Y__ If yes, list the total built -upon area/impervious surface allowed for your lot or parcel. 0,4 square feet. ATLANTIC 6CEAW r 539 OVERALL DEMIENSIONS OF INFILTRATION SYSTEM: L W D 20' X 4' X 3' m CATCH BASIN WITH 2' X 2' TRAFFIC DUTY GRATE 6"PERFORATED PIPE ENCLOSED CAVITY FILLED WITH SEPTIC STONE AND LU41 D WITH GEO-FABRI OCEAN DR. o m s n lFEE S E W N Page 1 of 1 Detailed view for record 1 (Print) Field Value AREA 11416.70131 PERIMETER 453.34325 PARCEL83_ 48269 PARCEL83_I 1148271 WHAT 0 PIN 63241175 MAPNUM 6324 BLOCK 65 PDOT 6783 CONDO_ MOTHER jF0 MAPNAM J1632411 PRID 13034A0303 PIN15 632411656783000 OWNER TOWN OF EMERALD ISLE DBOOK 509 DPAGE 148 DDATE 0 SALE_PRICE 110 TAX_VALUE 11168000 LAND_VALUE 168000 STRUC VAL 110 OTHER_VAL 110 BLT CONDO 0 HOUSE NUM 110000000 DIRECTION Field 71 Value ST NAME ST TYPE CITY ZIP MAIL_HOUSE 7500 MAIL_DIR MAIL_ST IEMERALD DR MAIL_STTYP MAIL_CITY 7EMERALD ISLE MAIL STATE NC MAIL_ZIP 28594 MAIL_POBOX TOWNSHIP JIWHITE OAK CITY_LIMIT EMERALD ISLE NBHD 1560041 FIRE_DIST RESCUE_DST LEGAL_DSC LOT 10 11 & 12 B2 EMERALD ISLE TOTAL_ACR 0.258 Y_BLT HOUS 0 TOT SQ_FT 0 ROLL_TYPE E BATHROOMS 0 BEDROOMS 0 APR 4 — 2006� 1WOrehead Cif . DCiV1 http://maps.co.carteret.nc.us//details_iopup.htm 2/8/2006 Page 1 of 1 Detailed view for record 1 (Print) FieldI Value AREA 11503.86073 PERIMETER 454.61011 PARCEL83_ 48278 PARCEL83_I 48280 WHAT 0 PIN 63241144 MAPNUM 6324 BLOCK 65 PDOT 6701 CONDO_ MOTHER 0 MAPNAM 632411 PRID 13034AO304 PIN15 632411656701000 OWNER CLARK,ANDREW R ETUX KATHLEEN W DBOOK 0732 DPAGE 00314 DDATE 0 SALE_PRICE 0 TAX_VALUE 246071 LAND_VALUE 126000 STRUC VAL 120071 OTHER_VAL 0 BLT CONDO 0 HOUSE_NUM 0000309 DIRECTION Field Value ST NAME JIOCEAN ST TYPE JJDR CITY JIEMERALD ISLE ZIP 1128594 MAIL_HOUSE MAIL_DIR MAIL_ST MAIL_STTYP MAIL_CITY JIGREENSBORO MAIL_STATE NC MAIL_ZIP 1127416 MAIL_POBOX JIPO BOX 16694 TOWNSHIP JIWHITE OAK CITY_LIMIT IIEMERALD ISLE NBHD 560041 FIRE DIST RESCUE DST LEGAL DSC L13 15 B2 EMERALD ISLE TOTAL ACR 110.258 Y BLT HOUS--111976 TOT SO FT 1836 ROLL TYPE R BATHROOMS 112 BEDROOMS 114 �� APR 4 — 2006 Morehead City D CM http://maps.co.carteret.nc.us//details—popup.htm 2/8/2006 Page 1 of 1 Detailed view for record 1 (Print) Field Value AREA 11113. 11454 PERIMETER 449.3139 PARCEL83 48264 PARCEL83 I 48266 WHAT 0 PIN 63241143 MAPNUM 6324 BLOCK 65 PDOT 7753 CONDO MOTHER 0 MAPNAM 632411 PRID 13034A0302 PIN15 D1632411657753000 OWNER NORRIS,DAVID ARCHIE DBOOK 943 DPAGE 298 DDATE 200205 11 SALE PRICE 0 TAX VALUE 191696 LAND VALUE 126000 STRUC VAL 62838 OTHER VAL 2858 BLT CONDO 0 HOUSE NUM 0000305 DIRECTION Field ValUe ST NAME JIOCEAN ST TYPE JDR CITY IIEMERALD ISLE ZIP 1128594 MAIL HOUSE 114700 MAIL DIR MAIL ST JISHADOW RIDGE CT MAIL STTYP MAIL CITY HOLLY SPRINGS MAIL_STATE NC MAIL ZIP 1127540 MAIL_POBOX TOWNSHIP WHITE OAK CITY LIMI JEMERALD ISLE NBHD 560041 FIRE DIST RESCUE DST LEGAL DSC JIL7 9 B2 EMERALD ISLE TOTAL ACR 110.258 Y BLT HOUS 1967 TOT SO FT 1040 ROLL TYPE R BATHROOMS 111.5 BEDROOMS 3 Morehead City DCM http://maps.co.carteret.nc.us//details—popup.htm 2/8/2006 N.C.G.S. MONUMENT MECHELLE N.A.D. 83 COORDINATES N= 344 992.06 FEET E= 2,62V0,511.44 FEET N 79'04'44"E 8209.52' Raw Dry'4e 6� OF PA�1NG 8 OCean EDGE . I B� GRPVE� EDGE OF CABLE 75 00 E N 5 8 4�E N.A.D. 83 COORDINATES N= 346,477.42 FEET E= 2,628,572.28 FEET I EM Vw �o 1 E� 0 EW R hGL-E­--- D. g3 COO1DIPINES 34 856.5 Ftt 2.06,788.06 FEET _ 58.7 6D G p.r^ D -A' 1+8.4 +8_ 9.6 Gf VEL PARKIN l 1 O J 0 1 ' -0 vi 0 0 ro � lb- 1 + C V� 1 st �1NE PE RA P & �EG�PEN NP�N �h �V �v 12 NOUR�SNM L1N v 10 A�F vE �ATtON 8 1 Ga a z 1 6 C 13 BOGUE SOUND _D DRI E N.C. 5E � W N a a I N�OCEAN Site ATLANTIC OCEAN VICINITY ff,4P NOT TO SCALE s 7 g 4g' S3"W ce an 30 0 30 60 90 NOTES GRAPHIC SCALE — FEET 1•) ��=11,250.0 S.F. (BY COORDINAT LEGEND 2.) CLOSURE = 1:10,000+ COMPUTATION 3.) REFERENCE : M.B. 3 PG56 E.I.P. S.I.S. EXISTING IRON PIPE SET IRON STAKE 4.) 5.) P.LN. 6324.1 1-65-6783 FLOOD ZONE :ZONE VE (EL14) PER F.I.R.M. R/W RIGHT OF WAY 3720632400J, JULY 16 2003. M.B.S.L. MINIMUM BUILDING SETBACK LINE 6.) FINAL MAP RECORDED : JULY 1954 M.B. MAP BOOK Z) THIS PROPERTY IS SUBJECT TO ALL PG. PAGE EASEMENTS, AGREEMENTS, AND RIGHTS S.F. SQUARE FEET OF WAY OF RECORD PRIOR TO THE DATE q CENTERLINE OF THIS PLAT. E.C.M. EXISTING CONCRETE MONUMENT 8. ADDRESS: 307 OCEAN DRIVE E.I.S. EXIS77NG IRON STAKE 9. ELEVATIONS SHOWN BASED ON E.M.N. EXISTING MAG NAIL N.A.V.D. 1988. S.M.N. SET MAG NAIL 10. NOURISHMENT 1st LINE OF VEGETATION +9.6 SPOT ELEVATION TAKEN FROM PLAT BY STROUD ENGINEERING E OVERHEAD ELECTRIC DATED 12-04-02. C.A.M.A. APPLICATION DRAWING FOR r, John A. Odom hereby certify that this map is correct and prepared according to the Standards of Practice for Land Surveying in North Carolina, and that (there are no property line encroachments either way on said survey, ) !IS IS OT FOR RECORDINCr. 12 306_2 oftssional Land Sun _ or License No. SURVEIT0 BY nAWE JCJ MARCH 30, 2006 FIELD BOOK El 1 1 1 DRAWN BY PACE 15 JAO Town of Emerald Isle LOTS 10,1 1,12, SECTION 9, BLOCK 2, EMERALD ISLE BY THE SEA d" COUNTY CITY TOIINSHLP CARTERET EMERALD ISLE, NC MOREHEAD SCALE LATE PROJECT NO. 1 "=30' APRIL 3, 2006 2006031 P rrsttgr Land Surveying, P.A. 501 W. B. McLean Blvd. — Cape Carteret Swansboro, North Carolina 28584 252-393-2129 (Fag)252-393-3075 ob P, 01 TRANSACTION REPORT APR-06-2006 THU 03:21 P �c � DATE ,START RECEIVER TX TIME PAGES TYPE NOTE DP � —.APR— 6 03 : 2 M 97266016 55" 3 ,SEND OK � 013 � 3 %k c DIVISION OF COASTAL MANAGEMENT A44� NCDENR.' TO: CARTERET NEWS TIMES OFFICE TELEPHONE' 252-726-7081 FAX 252-726-6016 FROM MOREHEAD CITY OFFICE 400 COMMERCE AVENUE MOREHEAD CITY, NC 28557 VOICE:252-808-2808 FAX: 252-247-3330 RE: DATE SENT:u. TOTAL PAGES, INCLUDING COVER SHEET: 4 ©4 �r- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2006 CARTERET NEWS TIMES Legal Advertisement Section P.O. Box 1679 Morehead City, N.C. 28557 Re: Public Notice - FILING OF A CAMA MINOR DEVELOPMENT PERMIT To Whom It May Concern: Please publish the attached Notice in the Sunday, April 9, 2006, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper. advertising. Please send the affidavit, an original copy of the published notice; and an original invoice to Jaye Poole, NC Division of Coastal Management, .1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerel , . Ryan Davenport Coastal management Representative Enclosure cc: Tere Barrett— District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper 2 NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Notice is hereby given that the Town of Emerald Isle, has applied to the Department of Environment and Natural Resources for a CAMA Minor Development permit. The applicant is requesting to place rock at an existing parking lot and construct a stormwater infiltration device. The property is located at 307 Ocean Dr. in Emerald Isle, NC, Carteret Co. Persons desiring to inspect the application, or to comment thereon, are directed to contact Ryan Davenport, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, Telephone (252) 808-2808, no later than April 23, 2006. Comments received prior to that date will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: April 9, 2006 151-6 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit. As a service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list with your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) Ian owner or record tid . Title is vested in �N O f" �;��" ld � , see Deed Book /� / page in they✓2t" County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: �t,v,2ptb I furthermore certify that the following persons are owners of properties adjoining this property. (affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. 0) (2) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD I acknowledge that the land owner is aware that the proposed development is planned for an area which may be erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particularroazard pi ated with this lot. This explanation was accompanied by recommendations concerning stabilization an pr ntques. PERMISSION TO ENTER ON LAND: I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor- mation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any, permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. This ttt ay of , 20 42— O R Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS ✓ Label roads _y," - Label highways right-of-ways Label local setback lines ✓ Label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS Eli E r r N A' Draw and label mean high water mark I/A Draw location of on -site wastewater system APR 4 - 2006 If you will be working in the ocean hazard area: Draw and label dune ridges (note height) A40rehead City D Draw and label toe of dune! Identify and locate first line of stable vegetation Draw and label setback line under CAMA Draw and label topographical features (optional) If you will be working in an estuarine shoreline area: �J4 Draw and label landward limit of AEC Describe terrain (slope) DEVELOPMENT PLANS T✓ Draw and label areas that will be disturbed —'e't i t ---� . If a house is to be placed on lot, describe location of house -- ,4 Note size of piling and depth to be placed in ground ✓ • Draw and label all areas to be paved or graveled _ V Describe composition of surface- Gv u y �l6 V'c-V_ ,41 Note and list fully all trees and vegetation to be removed or relocated ✓ Show landscaping NOTE TO APPLICANT Have you: • completed all blanks and / or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing/ signed both application and n dsp� e nvp o� � s ip? enclosed the $100.00 fee. • completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections Date of Action: Issued Exempted Denied Appeal Deadline (20 days) Revised 3/2003 rAtizes4-- __ to <oky `` r T of (O o APPLI 01 CAM)M4D4R ti oreh DEVELOP Cyr r PEEMIT f In 1974, the North Carolina General Assembly passed the Coastal Area Management Act and set the stage for guiding development in fragile { and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to imple- ment clear regulations that minimize the burden on the applicant. This application for a minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been designed to be straightforward and require no more time or effort necessary from the applicant. Please go over this j folder with the Local Permit Officer (LPO) for the locality in which you plan to build to be certain that you understand whatinformation he or j F she needs. j Under CAMA regulations, the minor permit is to be issued within 25 days once a complete application is in hand.Often less time is needed if the project is simple. The process generally takes about 18 days. You { i can speed the approval process by making certain that your application is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. " a 'Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the Local Permit Officer to determine which of these you may need. A ' listing is included on page 2 of this folder. We appreciate your cooperation with the North Carolina Coastal Man- agement Program and your willingness to build in a way that protects the resources of our beautiful and productive coast. ' Coastal Resources Commission Division of Coastal Management Locality Permit Number Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) GENERAL INFORMATION LAND OWNER Name Address City AUTHORIZED AGENT Name ry"k- rAk It711'�i Elk, i APR 4 - 2006 ®rehead Ci State N 0- Zip 401q Phone Z�/ 775-* -t7q -r~ Address S/;'1l P ao City LOCATION OF PRO the adjacent waterbody?) State Zip Phone (Address, street nam and/or directions to site. If not oceanfront, what is the name of �P _ eAd V _J� lef DV-`Vr x'Jl * 'got Ve --�ii DESCRIPTI N OF PROJECT. (List all proposed construction and land disturbance.) Iran 1" 0, 1�-7'?7"fPii eAPaikyhcNt /as%� °RpQq� t .544A "-S 4r r 1�4 OP 406Wl "t ' �O' SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential (Single-family Multi -family ) Commerical/Industrial Other �7-► 1J�.ZiIJLt TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI- RONMENTAL CONCERN (AEC): AA square feet (includes all floors and roof -covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): sq. ft. (Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) Choose the AEC area that applies to your property: (1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC (2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters (3) within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) STATE STORMWATER MANAGEMENT PERMIT. Is the project located in an area subject to a State Stormwater Management Permit issued by the N.C. Division of Water Quality? YES NO_ If yes, list the total built -upon area/impervious surface allowed for your lot or parcel, square feet. Emerald Isle 09-06 Local- Government Permit Number CAMA MINOR DEVELOPMENT -1 PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development• in an area of environment concern pursuant to Section 113A-116 of the General Statutes; "Coastal Area Management" Issued to the Town of Emerald Isle, authorizing. development in the Ocean Hazard (AEC) at the end of Inlet Dr, in Emerald Isle, as requested in the permittee's application, dated 4/4/06. This permit, issued on 4/18/06, is subject to compliance with the application and site drawing (where* consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any.violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: Construct a sand ramp from the existing embankment laying 18" of sand over sand bags for a length of 40' (1) All proposed development and associated, construction must be done in accordance with the. permitted work plat drawings(s) dated received on 4/4/06. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (252) 808-2808 fora final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2009 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management.. Ryan Davenport CAMA LOCAL PERMIT OFFICIAL 400 Commerce Ave. Morehead City NC, 28557 PERMITTEE (Signature required if conditions above apply to permit) Name: Town of Emerald Isle Minor Permit # 09-06 Date: 4/18106 Page 2 (5) The structure must set back a minimum of 0 feet from the first line of stable natural vegetation, as determined by the DCM, the LPO, or other assigned agent of the DCM. (6) The permittee is required to contact the Local Permit Officer (252) 808-2808, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the Coastal . and Flood Plain 'Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code. or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) All buildings. must be elevated on pilings with a diameter of'at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. (10)Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (11)AII unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and mulched) within ,14 days of construction completion. (12)Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time. when it becomes imminently threatened; and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place•within .two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. (13) This permit does. not supercede or eliminate any commitment made by the applicant in the Bogue Inlet relocation EIS in regard to public access including but not limited to parking access to the point. izl a--`1 F)o 6 SIGNATURE:' DATE: PERMITTEE -Tor v,n� a r era d�ls ey Mayor Arthur B. Schools, Jr. Mayor Pro-Tem Floyd Messer, Jr. Board of Commissioners Pete Allen Nita Hedreen John Wootten Maripat Wright Visit our web site at www.emera!dis!e-nc.org ! April 17, 2006 Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Ryan: Town Manager Frank A. Rush, Jr. frush@emeraldisle-nc.ore Mailing Address Town of Emerald Isle 7500 Emerald Drive Emerald Isle, NC 28594 Voice 252-354-3424 Fax 252-354-5068 I am writing to you in response to your request for additional information to support the Town's permit request to reopen the public beach access at the terminus of Inlet Drive at The Point. Specifically, I understand that you seek an explanation as to how the proposed action will affect the Bogue. Inlet Waterbird Management Plan that it is currently in place through a cooperative arrangement between the Town, the NC Wildlife Resources Commission, and the US. Fish and Wildlife Service. As you know, the Town operated a pedestrian and vehicle public beach access at this location for many years prior to being forced to close the access in 2000 due to the encroaching waters of the main Bogue Inlet channel. The access has been closed since that time, however, as a result of the Town's realignment of the main Bogue Inlet channel in 2005 that area has experienced significant accretion. It is now possible to reopen the public beach access for pedestrian use. It should be noted that the restoration of public access to the Bogue Inlet complex was one of the key goals of the Town's project. Prior to construction, Bogue Inlet was almost completely inaccessible to pedestrians and vehicles due to the encroachment of the main channel and the placement of sandbags adjacent to Bogue Inlet. Thus far, the Town's project has generated the desired results, and we are pleased to be in a position to reopen the public beach access for pedestrian use. We hope to reopen this access for vehicular use within the next 18 months, depending on the amount of accretion at that time. The reopening of this public beach access will not affect the Bogue Inlet Waterbird Management Plan in any manner. The area included in the Bogue Inlet Waterbird Management Plan is not accessible by pedestrians due to the reopening of the Coast Guard channel during Hurricane Ophelia in September 2005. As noted on the photos below, the area near the public beach access is on the eastern / southern side of the Coast Guard channel, and the waterbird management area is on the western / northern side of the Coast Guard channel. The only way to access the waterbird management area is by boat, thus the reopening of the public beach access for pedestrians will not impact the waterbird management area. The figure below is an excerpt from the Bogue Inlet Waterbird Management Plan and shows the designated nesting and foraging areas included in the plan. The photo is based on pre -project (pre-2005) conditions. The I have attached a copy of the Bogue Inlet Waterbird Management Plan to this letter for your information. The Plan was designed cooperatively by the Town, the NC Wildlife Resources Commission, and the US Fish and Wildlife Service and was actually based on an assumption that the Coast Guard channel would remain closed, thus allowing pedestrian and vehicular access to the areas near the waterbird management area. The Plan was specifically designed to effectively balance the need for preservation of waterbird habitat with public access issues, and the Plan in and of itself should satisfy any concerns associated with the reopening of the Town's public beach access at The Point (regardless of whether or not the Coast Guard channel is open or closed). We look forward to reopening this important public beach access in the near future. Please do not hesitate to contact me if you have additional questions or need additional information. Sincerely, Frank A. Rush, Jr., Town Manager copy: Artie Dunn, Public Works Director Sue Cameron, NC Wildlife Resources Commission Page 1 of 2 Owner Information Owner's Name: 11ALMONDIARRY D ETUX lOwnees AddreSS11120 BARON RD Property Address: 1128594 0000101 BOGUE CT EMERALD ISLE City and State: WAXHAW NC 28173 Market Value: 11$170,593.00 Property Type IR PID: 5373.17.11.9274000 Previous Year Value: 170593 Farm Use: Acreage: 110.382 Land Value: 71$91,806.00 Building Value, $71,798.00 Extra Features: 6989 TWP: 11WHITE OAK City: 11EMERALD ISLE Fire: Tax Deferred: Property Card ALMOND,LARRY D ETUX 2006 170,593 MKT PID R 5373.17.11.9274000 170,593 Prev Yr Value USE 1120 BARON RD DEF LISTER 9/01/2004 LS WAXHAW NC 28173 .382 ACRES TWP WHITE OAK CITY EMERALD ISLE FIRE RESCUE OTHER LOT BLK PL BK/PG 8 73 PLAT ADDRESS 0000101 BOGUE CT EMERALD NBHD 56000900 USE 000100 RESIDENTIAL DEED 602 74 AICUZ PRINTED 2/21/2006 BY RC LEGAL: PART L29 SB B53 EMERALD ISLE BUILDING CHARACTERISTICS for B1dgSeq# 001 (Item# 001 ) Code Description Code Description Code Description Code Description Code Description Code MODL 08 BEACH RES BVAL 00008C BEACH RES ARCH 09 BEACHHOUSE QUAL OC C GRADE STYS 2.0 SIZE FNDN 03 POST FRME N/A WNDO N/A EXW1 12 RES WOOD EXW2 N/A EXW2 HEAT 10 HEATPUMP A/C N/A RSTR 03 GABLE RCV1 03 COMP SHNGL RCV2 N/A RCV2 INT1 05 DRYWALL INT2 N/A INT2% FLR1 14 CARPET FLR2 08 VINYL FLR2 KTCH N/A DPRT 02 BATH 2.00 BDRM 3 ROOM SPCC +/- 05 PLUS 5 FRPL N/A UD-3 N/A UD-4 N/A HTFL 04 ELECTRIC HTF2 COND OG GOOD INSP N/A UD-9 N/A UD-9 N/A UD-9% AYB 1989 AREA CALCULATION TRAVERSE Subarea Actual Adj Heated Prime Rate Value %Good RCNLD TWO1989=700$ DCK1989=162$ DCK198 TWO STO 700 1365 1400 700 133.14 93195 47.00 43,802 ECP1989=56$. DECK 372 74 13.58 5052 47.00 2,374 ONE STO 700 700 700 700 68.28 47793 47.00 22,463 ENCL PO 56 34 41.46 2322 47.00 1,091 LUMP 4400 47.00 2,068 TOTAL 1828 2100 72.74 47.00 e t TOTAL 2173 1400 152762 71,798 e k f APR 4 - 2006 Morehead City ®C M http://tax.carteretcountygov.orgltaxparcelsunimary. asp?recno=5373.17.11.9274000&cardse... 3/1 /2006 e i�,4 Page 1 of 2 Owner Information Owner's Name: MESS,CHARLES F Owner's Address: 1842 BBROOKE GROVE RD Property Address: 00 113 01 INLET DR EMERALD ISLE 128594 City and State: OLNEY MD 20832 Market Value: $162,668.00 Property Type: R PID: 5373.17.20.1965000 Previous Year Value: 668 F- Farm Use: Acreage: 0.719 Land Value: $131,040.00 Building Value: $24,422.00 Extra Features: 7206 TWP: WHITE OAK City: 11EMERALD ISLE Fire: Tax Deferred: Property Card MESS,CHARLES F 2006 162,668 MKT PID R 5373.17.20.1965000 162,668 Prev Yr Value USE 1 18420 BROOKE GROVE RD DEF LISTER 9/01/2004 LS OLNEY MD 20832 .719 ACRES TWP WHITE OAK CITY EMERALD ISLE FIRE RESCUE OTHER LOT BLK PL BK/PG 8 73 PLAT ADDRESS 0011301 INLET DR EMERALD NBHD 56000900 USE 000100 RESIDENTIAL DEED 336 368 AICUZ PRINTED 2/21/2006 BY RC LEGAL: PART L8 SA B53 EMERALD ISLE BUILDING CHARACTERISTICS for B1dgSeq# 001 (Item# 001 ) . Code Description Code Description Code Description Code Description Code Description Code MODL 08 BEACH RES BVAL 00008C BEACH RES ARCH 08 CONTMPRARY QUAL OC C GRADE STYS 1.0 SIZE FNDN 03 POST FRME N/A WNDO N/A EXW1 13 WOOD PANEL EXW2 N/A EXW2 HEAT 10 HEATPUMP A/C N/A RSTR 03 GABLE RCV1 03 COMP SHNGL RCV2 N/A RCV2 INT1 05 DRYWALL INT2 N/A INT2% FLR1 14 CARPET FLR2 08 VINYL FLR2 KTCH N/A DPRT 02 BATH 2.00 BDRM 2 ROOM SPCC +/- 05 PLUS 5 FRPL N/A UD-3 N/A UD-4 N/A HTFL 04 ELECTRIC HTF2 COND OG GOOD INSP N/A UD-9 N/A UD-9 N/A UD-9% AYB 1987 AREA CALCULATION TRAVERSE Subarea Actual Adj Heated Prime Rate Value %Good RCNLD ONE1987-799$ DCK1987=392$. ONE STO 799 799 799 799 74.55 59564 35.00 20,847 DECK 392 78 14.83 5815 35.00 2,035 LUMP 4400 35.00 1,540 TOTAL 1191 799 87.33 35.00 TOTAL 877 799 69779 24,422 PADL5 APR 4 - 2006 Morehead City DCi4 http://tax.carteretcountygov.orgltaxparcelsummary.asp?recno=5373.17.20.1965000&cardse... 3/1 /2006 d �hGIU�'fi\ r r / �n re // T I �- w m � Title Ling o Farlels N / j'R Q CD 1 in. = 137.5 feet C Page 1 of 1 Detailed view for record 1 View in new window I Print Field 11 Value AREA 1137542625.13689 PERIMETER 1264941.59313 PARCEL83 33969 PARCEL83 I 33971 WHAT 0 PIN Iroad MAPNU 10 BLOCK =10 PDOT =10 CONDO MOTHER 0 MAPNAM PRID PIN15 OWNER DBOOK DPAGE DDATE 0 SALE_PRICE 110 TAX_VALUE 0 LAND_VALUE 0 STRUC_VAL 0 OTHER VAL 0 BLT CO 10 HOUSE_NUM Field F Value DIRECTION ST NAME ST TYPE CITY 21P MAIL HOUSE MAIL_DIR MAIL_ST MAIL STTYP MAIL CITY MAIL STATE MAIL_ZIP MAIL_POBOX TOWNSHIP CITY_LIMIT NBHD 0 FIRE DIST RESCUE_DST LEGAL_DSC TOTAL_ACR 0 Y BLT HOUS 0 TOT SQ_FT 0 ROLL_TYPE BATHROOMS 0 BEDROOMS 0 APR 4 - 2006 Morehead City DCjW http://maps.co.carteret.nc.us//details.htm 3/6/2006 MAR-02-2006 THU 10:11 AM NO DIV OF COASTAL MGMNT FAX NO. 4 Pr 05 af'w �� : x� �i � '�' () rNl<'�Ik-1, � ATEMX:NT X laca;'hy ccrlify that. Y own pro �crly adj�ccnt to - _�wh 166ald . rs,Ie 's f r � ___ (Namo of Prol)crty Owner) - -- (t,oi., )sfoek, )toe etc.) �ticfi�ocl) (Town and/orCoutlly) � Y i , 'q� �•;)��'�, "'���V'��,���, ;' 1 � •::{:,, i�f •'• .�:i ,r �.: �ti r •i '�'•'�'i ' '�i'i irk:, r�• ,'„',r; •.!•. �...7die .�: ' y,„'�^ f� •�;'�: `t '; I.Td liras cl�scirfxt, rl Wii)o ns sho, lij bcl -nv, thq 1ovelopment he is Lirin at rloc.atiofi�' r 'aul, T have lit) otljec:tjons to his proposal. , I):7,S'CR11et`(0N AND/0R .0RAW[NG M PROPOS1J1).DEVELOPMLNT (710 be•ilted in b vulivi'dual ..� o posing developrnercl) �•- ✓�-�-' ja J le fir►, i 5—�-+am e4ed �Yt bays v } r APR 4 - 2006 Morehead City DCM Signature Print or Type Name Teieptione Number Tate: P3 / 6 P-�c MAR-02-2006 THU 10:11 AM NO DIV OF COASTAL MGMNT FAX NO, 4 P. 06 I lim-t,by coxtify that I own property a(ljac:enl to (Name of Peopetly Owner) plolvi-ly joc-atofl ,It. —3 (Lot, Blocic, Wad) (WI -. V� Ve it IrC ._ ..�,. _..._., in .— --- (�'V 1*d .(/-0(/0 _ .� N.C, Uown and/or County) '• ,� �' •,I�:�i ',.r { fit. :, •�.. �'Y,. 1�• ,: �•. ,! I�: r�5 i ^5'ci'ii.t tiff r n • as s1ic� ' i c to ., { „r•. , . .. � 4i..� �, ..1} !� , ,1� � 1i• vc,,i Lb, ti , ii�a clev�loprr�ent.�ile is l�rc�lao�,il�g at •ti a� locati�;n { and, I havo do obj4xtions to'his props mal. 1'li{s�>l';ItYI''L'x'f3l�d A14 D/C)•I'Z! I)Tt .'WI.NG OF PROPOSE I)EVEJ,OPNI',`NT �! (7116 be ftl�l ile by 1/1 jividual proposing developinent) - - L .�k Ir dj 'k;-L- RmRj-�'Qgi Vr APR 4 - 20 Moreh ACM �'gn;tturc �— z 2-4 L�� Prin[ r-1Typc Dame elepfione Nurnbor Bogue Inlet Waterbird • .Management Plan Carteret County, North Carolina Prepared for: Town of Emerald Isle, NC Prepared by: North Carolina Wildlife Resources Commission and United States Fish and Wildlife Service August 30, 2004 Table of Contents List of Tables and Figures.............................................................................................. ii 1. Purpose and Need.......................................................................................................... 1 2. Species Occurrence........................................................................................................ 2 3. Objectives...................................................................................................................... 2 4. Land Ownership............................................................................................................ 3 5. Protection of Nesting Habitat......................................................................................... 3 5.1 Posting..............................:......................................................................................3 5.2 Ordinances.......................:....................................................................................... 5 5.3 Predators............................................................................................:...................... 6 6. Protection of Foraging and Roosting Habitat................................................................ 6 7. Research/Monitoring of Breeding, and Non -breeding Waterbirds................................. 7 7.1 Breeding Waterbirds................................................................................................ 7 7.2 Migrating/Wintering Waterbirds.............:.................................................:.r........... 7 8. Education....................................................................................................................... 7 9. Budget............................................................................................................................8 10. Summary ....................................................................................................................... 8 11. Literature Cited............................................................................................................. 8 i List of Tables, Figures and Appendices Table 1. Budget for implementation of the Waterbird Management Plan ......................... 8 Table 2. List of waterbirds that commonly occur in the Bogue Inlet project area ............ 9 Figure 1. Designated nesting and foraging areas............................................................. 11 Figure 2. Predicted nesting and foraging areas after shoreline adjustment ..................... 12 1. Purpose and Need The Town of Emerald Isle, Carteret County, North Carolina, located on the western end of Bogue Banks, is proposing to relocate the main ebb tide channel in Bogue Inlet. Since about 1984 the channel has migrated in an easterly direction causing erosion and threatening infrastructure and development on the western end of Emerald Isle in the area known as The Point. The Town's preferred solution is to relocate the channel to a central location within the inlet, and use sediments from the dredging of the new channel to build a dike across and close the old channel. In addition, the Town would like to use remaining dredged sediments to nourish the Phase 3 portion of the Bogue Banks Beach Nourishment Project area (i.e., approximately four miles of beach along the western end of the Town of Emerald Isle). The Bogue Inlet complex is extremely valuable to waterbirds. In 1998, the Bogue Inlet shoal system encompassed 250 acres and was classified as the eighth largest inlet shoal system in North Carolina in terms of habitat available to avifauna (USFWS, 2002). The North Carolina Wildlife Resources Commission (NCWRC) has surveyed the inlet area, including the west end of Emerald Isle, the east end of Bear Island and natural islands within the inlet, for breeding waterbirds and found significant numbers of nesting least terns (Sterna antillarum), common terns (Sterna hirundo) and black skimmers (Rynchops niger), all of which are species of concern in North Carolina. Wilson's plovers _ (Charadrius wilsonia), another species of concern, also nest within the project area. From the limited surveys for non -breeding waterbirds that have been conducted, it is clear that piping plovers (Charadrius melodus) use the habitat in Bogue Inlet during migration and winter. Piping plovers are regularly seen on the west end of Bogue Banks, the east end of Bear Island and on Island #2 (a state owned natural island) with as many as 16 individuals recorded during a single survey (i.e., a one -day survey). Piping plovers are regularly seen around Bogue Inlet from July through April, but can be observed during all months of the year. Records of banded birds show that individuals from the Atlantic and Prairie Canada and the endangered Great Lakes populations utilize the area. The Bogue.Inlet complex, including the western end of Bogue Banks, the sandy shoals north and adjacent to Bogue Banks, and the eastern portion of Bear Island, is listed as critical habitat for wintering piping plovers (USFWS, 2001). The proposed project to relocate the channel in Bogue Inlet has the potential to negatively impact migrating, wintering and nesting waterbirds, including piping plovers, in the Bogue Inlet area. One negative effect will be increased disturbance to shorebirds and colonial waterbirds on the spit on the western end of Emerald Isle. Currently, due to the eroded shoreline and the placement of sandbags in front of several houses at The Point, there is very limited public access to the land adjacent to the inlet. Increased disturbances to roosting, foraging and nesting colonial waterbirds and shorebirds will result from the reestablishment of access to the inlet shoreline once the old channel closes and the inlet shoreline accretes. Two state-owned islands, currently managed by NCWRC to benefit waterbirds, may also be impacted. Island #1 sits just off of the west end of Emerald Isle and is predicted to connect to the mainland once the old channel closes. Island #2 may also be impacted since the channel would be realigned to a position close to the eastern side of the island. The purpose of this waterbird habitat management plan is to outline a strategy to protect waterbirds and waterbird habitat within the Bogue Inlet area. Since this project has the potential to impact the quality and quantity of habitat available to breeding and non - breeding waterbirds, it is important to manage habitat after the project is complete to minimize any negative impacts. These goals can be met by hiring a year-round contract biologist to implement the plan. The project area encompasses the western portion of Bogue Banks, the eastern portion of Bear Island, Dudley :Island, and intertidal and supratidal habitat within the inlet, including Islands 91 and #2. Most of the work for this plan will be, conducted on the spit at the west end of Bogue Banks since this area is likely to see the greatest changes to habitat quality. But protection of habitat will also occur at, other important sites within the inlet complex (e.g., Bear Island) with help and cooperation from Hammocks Beach State Park (HBSP)...This is an adaptive management plan and annual assessment will be required to determine its effectiveness. If it is determined that the plan is not effective as implemented, new strategies will be discussed and implemented as necessary. Any necessary changes to this management plan will be conducted in a manner that works within the existing budget to the greatest extent possible. Changes requiring additional funds will not be implemented without the approval of the Town of Emerald Isle. 2. Species Occurrence The term waterbird refers to any bird species that uses aquatic habitat. Many species of waterbirds occur within the Bogue Inlet area. The most abundant are shorebirds and colonial waterbirds and species of both groups utilize habitat within Bogue Inlet for nesting, foraging and roosting. Shorebirds are a group of migratory birds that can mostly be found along shorelines but also occur inland, upland, on artic tundra and at sea. Sandpipers (family Scolopacidae) and plovers (family Charadriidae) are commonly referred to as shorebirds but this group also includes oystercatchers (family Haematopodidae), and avocets and, stilts (family Recurvirostridae). Colonial waterbirds nest in large groups called colonies and include gulls, terns and skimmers (family Laridae), herons and egrets (Family Ardeidae), ibis (Family Threskiornithidae), and pelicans (family Pelecanidae). A list of species that commonly occur around Bogue Inlet is given in Table 2. 3. Objectives To protect waterbirds and their habitat in Bogue Inlet, several objectives need to be met. They are as follows: 1) Identify and protect nesting habitat for waterbirds. 2) Protect high quality foraging and roosting habitat for waterbirds. 3) Monitor/research breeding and non -breeding waterbirds after channel construction. 7 4) Prevent human and animal disturbance to waterbirds throughout the year. 5) Educate the public about waterbirds and the importance of the Bogue Inlet area for waterbirds. 4. Land Ownership In order to successfully implement the waterbird management plan, it is important that land ownership of newly created and existing habitat be accurately determined. Taking the following steps has satisfied this issue: a) Through a deed agreement with owners of Lots 27-29 and Lots 8-9, the Town of Emerald Isle has obtained ownership of a 1.0-foot strip of land along the current mean high water line, depicted in survey dated March 24, 2004. This deed agreement grants ownership to the Town any newly accreted lands past the 1.0-foot strip. Furthermore, language in the deed restricts development on the subject lands beyond the original lot boundaries. The lot owners have retained an easement to use the portion within the original lot boundaries for residential purposes, but development cannot exceed that original boundary. Also, created lands during the construction of the dike will take place on property currently owned by the State of North Carolina. b) The Town, through the approval of House Bill 1369, has the authority to extend the Town Limits to incorporate "all upland areas connected to Bogue Banks on the western end of the island to be in the corporate limits, the western boundary of the town shall extend to the Bogue Inlet channel as it exists from time.to time, whether by natural forces, acts of God, accretion, dredging, or human causes. With this authority, the Town has the right on all accreted lands to enforce leash laws, no trespassing laws, and beach vehicle driving violations, which all are crucial enforcement components of the waterbird management plan. 5. Protection of Nesting Habitat 5.1 Posting Nesting habitat for most waterbirds utilizing the Bogue Inlet area consists primarily of dry sand beach above the high tide line, including sand flats, overwash areas and dunes. Habitat suitable for bird nesting will be posted with string and post fencing before the start of the nesting season (i.e., before April 1). On the west end of Emerald Isle, this habitat includes the sandy beach above high tide on the spit. Figure 1 depicts the spit as it looks today with the approximate bird nesting area marked. A sound -side foraging area will be posted against trespass to allow shorebird chicks and fledglings to feed. The west end of Emerald Isle is expected to change dramatically following the relocation of the channel. It is expected that the spit will reform further south of its present location. Nesting and foraging areas will need to change in response to changing habitat. An example of what the new spit and nesting and foraging areas may look like is given in Figure 2, but new maps will need to be developed as this area evolves. 3 The nesting area will be posted from April 1 through August 31 or until the last chick fledges and will consist of 2 x 2 inch posts placed approximately 30 feet apart. Most posts will support an 8 %2 x 11 inch sign that states "Waterbird Nesting Area - Do Not Cross Rope Barricade - No Trespassing". The NCWRC phone number will be listed on the signs for people to report wildlife violations and obtain information on nest area protection. Additional 8% x 11 inch educational signs will be placed on some posts to teach beach -goers about nesting waterbirds. Thin, white string will be tied waist high between each post to encourage people to stay out of the nesting area. Orange flagging will be tied along the string to make it more visible. Nesting area string and post fencing will be removed at the end of the breeding season. In order to balance public access with the protection of nesting waterbirds, the spit will be posted in a manner so that a maximum of 70% of the land from the first line of vegetation to the mean high water (i.e., where dry sand ends) will be protected as a nesting area using string and post fencing. A minimum of 30%, which will include land adjacent to the water, will remain open for public use. This will create a corridor along the shoreline and allow for public access to the oceanfront and inlet beach. If a'bird nests outside of the roped area, the nest will be posted using posts only (no string). The signs will be placed 50 yards from the nest to prevent the bird from flushing off its eggs/chicks. The signs will not prohibit access to that land, but will urge beach goers to stay outside of the area. They will read "Waterbird Nesting Area, Please Do Not Enter". Posting along the southwest side of the spit (the beach running parallel to the vegetation towards the houses) will not occur until the beach accretes to 15G feet in width from the first line of vegetation to mean high water (i.e., where dry sand ends). After this area reaches 150 feet in width, 70% of the area away from the water will be restricted for bird nesting, while 30% of the area closest to the water will be left open for public access. Furthermore, the protected nesting area will end approximately 500 feet west of existing homes (#101-119) on Bogue Court (see Figure 2). This will leave open the area that is anticipated to receive the highest public use. Birds may decide to nest on the newly created dike. Since the dike is predicted to be only 50 feet in width when constructed, there will not be enough area for a public corridor. For this reason, the dike will be posted using string and post fencing and closed to the public during the first year after construction (until the August 31 end of the nesting season). The public will still be able to access the spit via a corridor along the ocean facing shoreline. The dike is expected to accrete in subsequent years, and after the first year after construction, the dike will be treated as part of the overall spit, and the 70% / 30% strategy will be applied. If a piping plover nests on the spit or the dike, the nest will be posted in a manner consistent with the Piping Plover Recovery Guidelines (USFWS, 1996). It will be protected by string and post fencing and given a 55 yard buffer zone: This will apply no matter where the nest is located. For example, if a piping plover nests within 500 feet of the houses on Bogue Court, the nest will be afforded proper protection. 4. Every effort will be made to allow for increased public access where it can be done in a manner consistent with the protection of nesting waterbirds. For example, if there is no nesting activity along a portion of the designated nesting area by early July, it may be possible to reduce the string and post fencing and open a portion of the nesting area up to the public. Finally, the Town will take steps to enhance public access to The Point area when the spit enlarges and becomes stable. In addition to posting the west end of Bogue Banks, NCWRC and HBSP will post Island #2 and nesting sites on Bear Island. NCWRC will take over management of the west end of Bogue Banks, albeit -in a reduced role, that will include the posting of foraging and nesting areas after the life of the plan (starting in 2009). �5.2 Ordinances A year-round leash law is in effect in the Town of Emerald Isle. The Town will be responsible for enforcing the leash law to protect nesting, migrating and wintering birds from roaming pets. To further implement this aspect of the Management Plan, the Town will erect signs that inform visitors of the leash law ordinance. Signs noting the ordinance will be placed at all public access points to the spit. There is currently a moratorium on driving on the beach on Emerald Isle from April 1. through September 30. (The Town of Emerald Isle is currently considering changes to its beach driving regulations,. however, any changes that impact the April 1— August 31 nesting season will include appropriate protection of sensitive nesting areas during that time period). Vehicles will be allowed on the spit during the driving window, but will be restricted to the shoreline area (within 150 feet of normal high tide) and required to stay out of designated foraging/roosting areas. Signs will be erected at widely spaced intervals along the upper beach to direct traffic to the shoreline area. It is known that beach driving can have negative impacts on waterbirds (Pfister et al, 1992; USFWS, 1996). Beach driving has the potential to negatively impact birds by crushing birds roosting in tire tracks, causing roosting and foraging birds to flush and degrading nesting and foraging habitat. For this reason, vehicle use will be monitored on an annual basis and the "No Vehicle" zone will be modified if it is determined that vehicles are having a negative impact on foraging and roosting birds and/or on waterbird habitat. The Town will enforce an existing no trespassing law (GS 14-159.13) which will aid in restricting people from entering posted nesting/foraging areas. Land posted with string and post fencing will be designated as a "No Trespassing" area. Waterbird nesting and . foraging area signs will contain text indicating that no trespassing is permitted under GS 14-159.13. People who enter nesting areas will most likely step on nests and may cause nesting colonies to abandon the site completely. In addition, human disturbance during the non -nesting season within foraging and roosting areas may lead to birds being unable to maintain fat reserves and complete migration. The designation of nesting/foraging areas as "No Trespassing" zones will make the job of enforcement much easier. It will clarify restrictions to beachgoers and assist officers who respond to reports of individuals 5 harassing nesting/foraging birds by providing them with a clear and written unlawful action and a mechanism to respond to that action. 5.3 Predators An increase in predator populations can result from increased human usage of an, area. Raccoons, foxes and feral cats are attracted to human refuse and can be detrimental to nesting waterbirds. To avoid loss of nests to increased predator populations several steps should be taken. People need to remove their trash from the beach, and fisherman should not leave fish scraps near waterbird nesting areas. A substantial component of this management plan involves educating the public on these issues. In addition, evidence of nest losses will be monitored. If predation is determined to decrease nesting success, then measures such as trapping wild and feral animals will be taken. We recommend the Town place trashcans at all public access points and empty them daily to decrease the occurrence of predators in the waterbird habitat. 6. Protection of Foraging and Roosting Habitat Prime foraging and roosting habitat exists on the west end of Emerald Isle and includes sound -side intertidal mudflats, intertidal habitat on the ocean facing beach, and supratidal habitat. The sound -side mudflats are heavily used by migrating and wintering shorebirds, including the federally threatened piping plover. A sound -side foraging and roosting area will be designated and closed to public access year-round to allow birds to forage and roost without disturbance from human activities. This area will be posted using 2 x 2 inch posts connected with string. Signs reading "Waterbird Foraging Area — Do Not Cross Rope Barricade and Please Stay off Intertidal Flats — No Trespassing" will be erected on each post. In addition, informational signs about shorebirds will be placed at intervals along the fence line. The string and post fencing will be placed in a horseshoe shape around the sound -side mudflats and above mean high water (see Figure 1 and 2). This arrangement will dissuade beach walkers from walking through the foraging area. In addition, signs reading "Waterbird Foraging Area — No Boat Landing and Please Stay off Intertidal Flats" will be placed on 2x2 posts (without string) on the mudflats to dissuade boats from landing in the foraging area. Finally, two large signs will be'erected on 4x4 posts at the ends of the string and post fencing. These signs will alert boaters that they are not allowed to land within the foraging area and will direct pedestrian traffic away from the foraging area and towards the public corridor. Boats will still be permitted to land at sound -side areas outside of the designated foraging area, and on the inlet beach. Foraging and roosting habitat will be further protected from disturbance by mechanisms that are already in place as discussed under the Nesting Habitat section (5.2). The foraging and roosting area may be adjusted if foraging habitat changes as a result of the channel relocation project. The area to be marked will be determined by waterbird data collected during the winter and migration. New maps will be provided as the area changes. For example, if a salt pond forms on the ocean side as a result of the dike construction, that pond will be protected since ephemeral pools are known to provide high quality foraging habitat. A string and post barrier around the ephemeral pool to 0 keep people from walking or driving through the area will be sufficient to protect this type of foraging habitat should it form. If the pool dries up, then the area will be open for public access. The ocean and inlet shoreline will, however, continue to be accessible by boats. 7. Research/Monitoring of Breeding and Non -breeding Waterbirds 7.1 Breeding Waterbirds Research conducted during implementation of this plan will contribute to our understanding of the impacts that channel and beach stabilization projects and human disturbance have on waterbird nesting, roosting and foraging. Nestipg activity will be monitored at the spit on Bogue Banks and Island #2 throughout the nesting season for four years after project construction. A contract biologist will record number of nests of individual species and will also collect data on nesting productivity. For solitary nesters, nests/chicks will be counted and monitored every 2-3 days from lay date to fledging. Counts of colonial nesters will be conducted every three weeks. If the colony is large, a subset of nests will be marked and monitored every 2-3 days to determine nesting success. Chick counts will also be conducted every 2-3 days from outside the colony using a spotting scope. Care will be taken to minimize disturbance to nesting birds and nesting areas will not be entered during adverse weather conditions. In addition, surveys will be conducted during morning hours before '10 am or in the late afternoon to avoid flushing birds during the hottest hours of the. day. The Mayfield method (Wilson Bull. 1961, 1975) will be used to calculate survival during critical life -history stages. Every effort will be made to determine the causes of nest losses. Whenever possible, observational data on disturbance will be collected. In addition to nesting activity on Bogue Banks, regular surveys for waterbirds will be conducted during the breeding season following the methodology of pre -project monitoring (CPE, 2002). Four transects that include the west end of Bogue Inlet, the east end of Bear Island, Dudley Island, and a portion of the mid -inlet shoal including Islands #1 and #2 will be surveyed every 15 days from May 1 through July 13. Data will be compared with available pre -project data. 7.2 Migrating/Wintering Waterbirds Surveying for non -breeding waterbirds will follow the methodology of pre -project monitoring (CPE, 2002). Monitoring will be conducted every 10 days during spring (March 1 through April 30) and fall migrations (July 14 through November 30) and once per month during the winter (December through February). Monitoring will occur along four transects that include the west end of Bogue Inlet, the east end of Bear Island, Dudley Island, and a portion of the mid -inlet shoal, including Islands #1 and #2. Whenever possible, observational data on disturbance will be collected. 8. Education 7 A vital component of the waterbird management plan is community outreach and education. Providing opportunities for beach -goers and community members to understand and appreciate the inlet spit as a valuable waterbird resource will instill a desire to protect it. A NCWRC biologist will work at the Bogue Inlet area for four years following project construction to implement the management plan and educate beach - goers about waterbirds. The biologist will concentrate beach patrolling efforts on weekends and holidays to maximize the reduction in disturbance pressure. Organized talks and nature walks for locals and visitors to the beach will be coordinated and conducted by the biologist. An informational kiosk will be constructed at the pedestrian and vehicle access point. NCWRC will provide educational materials to post in the kiosk. NCWRC will begin implementing an educational program and developing a kiosk and education brochures during the fall • of 2004. 9. Budget Table 1. Budget for implementation of the Waterbird Management Plan 2004 2005 2006 2007 2008 .Total NCWRC Expenses [$5,000] [$5,000] [$5,000] [$5,000] [$5,0001 [$25,000] Salary $7,600.00 $23,000.00 $23,000.00 $23,000.00 $23,000.00 $99,600.00 Vehicle Lease - $4,034.00 $4,034.00 $4,034.00 $4,034.00 $16,136.00 Kiosk $5,000.00 - - - - $5,000.00 Posting materials - $1,500.00 $400.00 $400.00 $400.00 • $2,700.00 Boat - $650.00 $650.00 $650.00 $650.00: . $2,600.00 Brochures $800.00 - - - - $80b.00 Computer - $1,200.00 - - - $1,200.00 Optics - $1,600.00 - - - $1,600.00 Other (phone, internet, office supplies, etc.) - $3,000.00 $2,800.00 $2,800.00 $2,800.00 $11,400.00 Total (minus NCWRC expenses) $13,400.00 $34,984.00 $30,884.00 $30,884.00 $30,884.00 $141,036.00 10. Summary Along our coastline the dynamic barrier islands on which many waterbirds depend are being severely altered by attempts to stabilize beaches and inlets. If we are to retain habitat for migrating, wintering and breeding waterbirds, it is imperative that we manage remaining habitat in the face of these changes. The ends of barrier islands are particularly valuable to waterbirds and as such should be afforded extra protection. The Bogue Inlet Waterbird Management Plan outlines a strategy to protect nesting, foraging and roosting waterbirds within the project area, to educate the public about waterbirds and to monitor waterbirds utilizing Bogue Inlet. With funds from the Town, NCWRC will implement this adaptive management plan. If it is determined that the objectives of the plan are not being met, new strategies will be discussed and implemented. 11. Literature Cited Coastal Planning and Engineering. 2002. Piping Plovers, Shorebirds and Colonial . Waterbirds Bird Monitoring Program — submitted to USACOE. LeGrand, H.E. Jr., S.P. Hall and J.T. Finnegan. 2001. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation. N.C. Department of Environment and Natural Resources. 91 pp. Mayfield, H. 1961. Nesting success calculated from exposure. Wilson Bulletin. 73: • 255-261. Mayfield, H. 1975. -Suggestions for calculating nest success. Wilson Bulletin. 87: 456- 466. Pfister, C., B.A. Harrington and M. Lavine. 1992: The impact of human disturbance on shorebirds at a migration staging area. Biological Conservation 60: 115-126. USFWS, 1996. Piping. Plover (Charadrius melodus), Atlantic Coast Population, Revised Recovery Plan. Hadley, Massachusetts. 258 pp. USFWS, November 2002. Draft Fish and Wildlife Coordination Act Report, Bogue Banks Shore Protection Project, Carteret County, North Carolina. USFWS, July 2001. Federal Register 50 CFR Part 17: Endangered and Threatened Wildlife and Plants; Final Determination of Critical Habitat for Wintering Piping Plovers; Final Rule. Pp. 36038-36143. Table 2. List of wterbirds that commonly occur within the Bogue Inlet project area and their status (LeGrand et al, 2001). Common Name Scientific Name Season NC Status2 Brown pelican Pelecanus occidentalis B, M, W SR Double -crested cormorant Phalacrocorax auritus B, M, W SR Great blue heron Ardea herodias B, M, W Great egret Ardea albus B, M, W Snowy egret Egretta thula B, M Sc Tricolored heron Egretta tricolor B, M SC Little blue heron Egretta caerulea B. M. W SC Black -crowned night heron Nycticorax nycticorax B, M, W White ibis Eudocimus albus B, M, W Glossy ibis Plegadis falcinellus B, M Sc Osprey Pandion haliaetus B, M Clapper rail Rallus longirostris B, M, W Black -bellied plover Pluvialis squatarola M, W Wilson's plover Charadrius wilsonia B, M SR Semipalmated plover Charadrius semipalmatus M Piping plover Charadrius melodus B, M, W T (T) E Killdeer Charadrius vociferus B, M, W American oystercatcher Haematopus palliatus B, M, W SR Greater yellowlegs Tringa melanoleuca M, W Lesser yellowlegs Tringa flavipes M, W Willet Catoptrophorus semipalmatus B, M, W Spotted sandpiper Actitis macularia M Whimbrel Numenius phaeopus M Marbled godwit Limosa fedoa M, W Ruddy turnstone Arenaria interpres M, W Sanderling Calidris alba M, W Semipalmated sandpiper Calidris pusilla M Western sandpiper Calidris mauri M, W Least sandpiper Calidris minutilla M, W Red Knot Calidris canutus M, W Dunlin Calidris alpina M, W Short -billed dowitcher Limnodromus griseus M, W Bonaparte's gull Larus philadelphia M, W Laughing gull Larus atricilla B, M Ring -billed gull Larus delawarensis M, W Herring gull Larus argentatus B, M, W Great black -backed gull Larus marinus B, M, W Gull -billed tern Sterna nilotica B, M T Caspian tern Sterna caspia B, M, W SR Royal tern Sterna maxima B, M, W Sandwich tern Sterna sandvicensis B, M Common tern Sterna hirundo B, M SC Forster's tern Sterna forsteri B, M, W Least tern Sterna antillarum B, M SC Black tern Chlidonias nigra M Black skimmer Rynchops niger B, M SC 1 Season B = Breeding; M = Migrating; W = Wintering 'NC Status Endangered (E); Threatened (T); Special Concern (SC); Significantly Rare (SR). E, T, and SC status species are given legal protection status by the NC Wildlife Resources Commission. SR status is defined as any species which has not been listed by the NC Wildlife Resources Commission as E, T, or SC species, but which exists in the state in small numbers and has been determined by the NC Natural Heritage Program to need monitoring. Federal status is indicated in parentheses. 10 1' YY a 1\OW V1U111b' L116 LQ11U %JWI1U1b111V SGGL1V11 Subject: FW: Rewording the Land Ownership: section Date: Mon, 30 Aug 2004 07:52:16 -0500 From: "Sugg, Mickey T SAW" <Mickey.T.Sugg@saw02.usace.army.mil> To: "Erin Haight (E-mail)" <Ehaight@coastalplanning.net>, "Frank Rush (E-mail)" <frush@emeraldisle-nc.org> CC: "Tere Barrett (E-mail)" <tere.barrett@ncmail.net> FYI- I'll send you the final once Sue sends it to me. -----Original Message ---- From: Sugg, Mickey T SAW Sent: Monday, August 30, 2004 7:50 AM To: Susan Cameron (E-mail) Cc: David Rabon (E-mail 2) Subject: Rewording the Land bwnership section Morning, ' As we discussed Friday, I have attached the wording for Section 4, regarding ownership. Sue- If you find the wording suitable, pis make those corrections, redate the plan, and forward back to me. This will be the final plan that will be reference in our Record of Decision, BA, and most importantly, as a permit condition. I plan on conditioning the permit to include a pre -construction meeting with the contractor so they know exactly which areas to stay out of (will require these areas to be roped off). I think it would be a good idea to have you at the meeting, which will probably be sometime in late October I'm assuming. David- In the information I faxed to you last week, there was a survey depicting the MHW. The MHW is where the Town was deeded the 1-ft. strip. What this strip allows. the Town to do is to own any new land that accretes past the existing property boundary. Without this strip, the lot owners could extend their boundaries to the MHW wherever it may be, which is expected well beyond their current boundary. One item of interest I pointed out to Sue was that Lots 10-14 and portion of 30 are washed away and the previous owners have lost the rights to regain ownership, based on State General Statues. The only lot that can be rebuilt on is Lot 9, but again the boundary will be restricted to the platted boundary which is only 50.25' wide (oceanfront). If you have any questions, just call me (910) 251-4811. -mick <<bogueinletownership.doc>> Name: bogueinletownership.doc bogueinletownership.doc Type: WINWORD File (application/msword) Encoding: base64 Download Status: Not downloaded with message 1 of 1 8/30/04 11:39 AM K= iceworamg the Lana vwnersnip section Subject: RE: Rewording the Land Ownership section Date: Mon, 30 Aug 2004 09:04:51 -0500 From: "Frank A. Rush" <frush@emeraldisle-nc.org> To: "'Sugg, Mickey T SAW"' <Mickey.T.Sugg@saw02.usace.anny.mil>, "'Erin Haight \(E-mail\)"' <Ehaight@coastalplanning.net> CC: "'Tere Barrett \(E-mail\)"' <tere.barrett@ncmail.net> Mickey - Just a couple of clarifications. You probably don't even need to change the language in the permit condition if you don't want. 1.) The Town limits have already been extended by virtue of the General Assembly enacting that law. The General Assembly made the final decision, and decided that area should be in the Town limits. There is no further action necessary by the Town. 2) For lots 7, 8, and 9, the owners will own everything that accretes toward the oceanfront, as NC law states'that natural accretion (which this will be)'on the oceanfront belongs to the property owners. This area will, however, be public trust beach just like the rest of the oceanfront. The Town will also have the required oceanfront easement from these people. The deeds that we have from these property owners do guarantee that the Town will own everything WEST (toward the inlet channel) of the historical property lines - i.e., the new spit will completely belong to the Town of Emerald Isle. Hope this helps. Frank -----Original Message ----- From. Sugg, Mickey TSAW [mailto:Mickey.T.Sugg@saw02.usace.army.mil] Sent: Monday, August 30, 2004 7:52 AM To: Erin Haight (E-mail); Frank Rush (E-mail) Cc: Tere Barrett (E-mail) Subject: FW: Rewording the Land Ownership section FYI- I'll send you the final once Sue sends it to me. ----Original Message ----- From: • Sugg, Mickey T SAW Sent: Monday, August 30, 2004 7:50 AM To: Susan Cameron (E-mail) Cc: David Rabon (E-mail 2) Subject: Rewording the Land Ownership section Morning, As we discussed Friday, I have attached the wording for Section 4, regarding ownership. Sue- If you find the wording suitable, pis make those corrections, redate the plan, and forward back to me. This will be the final plan that will be reference in our Record of Decision, BA, and most importantly, as a permit condition. I plan on conditioning the permit to include a pre -construction meeting with the contractor so they know exactly which areas to stay out of (will require these areas to be roped off). I think it would be a good idea to have you at the meeting, which will probably be sometime in late October I'm assuming. David- In the information I faxed to you last week, there was a survey depicting the MHW. The MHW is where the Town was deeded the 1-ft. strip. What this strip allows the Town to do is to own any new land that accretes past the existing property boundary. Without this strip, the lot owners could extend their boundaries to the MHW wherever it may be, which is expected well beyond their current boundary. One item of interest I pointed out to Sue was that Lots 10-14 and portion of 30 are washed away and the previous owners have lost the rights to regain ownership, based on State General Statues. The only lot that can be rebuilt on is Lot 9, but again the boundary will be 1 of 2 8/30/04 11:47 AM xn: Aewuruuig uie l,anu Uwnersuip section restricted to the platted boundary which is only 50.25' wide (oceanfront). If you have any questions, just call me (910) 251-4811. -mick <<bogueinletownership.doc>> 2 of 2 8/30/04 11:47 AM r vv. twmituuip, uic l auu %imicibinp bcvuvii Subject: FW: Rewording the Land Ownership section Date: Mon, 30 Aug 2004 09:07:50 -0500 From: "Frank A. Rush" <frush@emeraldisle-nc.org> To:<mickey.t.sugg@saw02.usace.army.mil> CC: "'Tere Barrett \(E-mail\)` <tere.barrett@ncmail.net>, "Tom Jarrett" <jtomjarrett@aol.com>, "Craig Kruempel" <ckruempel@coastalplanning.net>, "Erin Haight" <ehaight@coastalplanning.net> Mickey - Check that. We don't have the 1 ft strip for Lot 7, because we don't need it. That property does not front on the inlet channel. For that matter, I don't believe that we even need Lot 8 but we've gotten it anyway. Frank -----Original Message ----- From: Frank A. Rush [mailto:frush@emeraldisle-nc.org] Sent: Monday, August 30, 2004 9:05 AM To: 'Sugg, Mickey T SAW'; 'Erin Haight (E-mail)' Cc: Tere Barrett (E-mail)' Subject: RE: Rewording the Land Ownership section Mickey - Just a couple of clarifications. You probably don't even need to change the language in the permit condition if you don't want. 1.) The Town limits have already been extended by virtue of the General Assembly enacting that law. The General Assembly made the final decision, and decided that area should be in the Town limits. There is no further action necessary by the Town. 2) For lots 7, 8, and 9, the owners will own everything that accretes toward the oceanfront, as NC law states that natural accretion (which this will be) on the oceanfront belongs to the property owners. This area will, however, be public trust beach just like the rest of the oceanfront. The Town will also have the required oceanfront easement from these people. The deeds that we have from these property owners do guarantee that the Town will own everything WEST (toward the inlet channel) of the historical property lines - i.e., the new spit will completely belong to the Town of Emerald Isle. Hope this helps. Frank -----Original Message ----- From: Sugg, Mickey T SAW [mailto:Mickey.T.Sugg@saw02.usace.army.mil] Sent: Monday, August 30, 2004 7:52 AM To: Erin Haight (E-mail); Frank Rush (E-mail) Cc: Tere Barrett (E-mail) Subject: FW: Rewording the Land Ownership section FYI- I'll send you the final once Sue sends it to me. ----Original Message --- From: Sugg, Mickey T SAW Sent: Monday, August 30, 2004 7:50 AM . To: Susan Cameron (E-mail) Cc: David Rabon (E-mail 2) Subject: Rewording the Land Ownership section 1 of 2 8/30/04 11:48 AM r w: xeworaing the Lana vwnersnip section Morning, As we discussed Friday, I have attached the wording for Section 4, regarding ownership. Sue- If you find the wording suitable, pls make those corrections, redate the plan, and forward back to me. This will be the final plan that will be reference in our Record of Decision, BA, and most importantly, as a permit condition. I plan on conditioning the permit to include a pre -construction meeting with the contractor so they know exactly which areas to stay out of (will require these areas to be roped off). I think it would be a good idea to have you at the meeting, which will probably be sometime in late October I'm assuming. David- In the information I faxed to you last week, there was a survey depicting the MHW. The MHW is where the Town was deeded the 1-ft. strip. What this strip allows the Town to do is to own any new land that. accretes past the existing property boundary. Without this strip, the lot owners could extend their boundaries to the MHW wherever it may be, which is expected well beyond their current boundary. One item of interest I pointed out to Sue was that Lots 10-14 and portion of 30 are washed away and the previous owners have lost the rights to regain ownership, based on State General Statues. The only lot that can be rebuilt on is Lot 9, but again the boundary will be restricted to the platted boundary which is only 50.25' wide (oceanfront). If you have any questions, just call me (910) 251-4811. -mick <<bogueinletownership.doc>> 2 of 2 8/30/04 11:48 AM N.C. 24 gOGVE SOONO GU N/F Larry D. Almond 1120 Baron Road Waxhaw, NC 28173 P.I.N.5373.17-1 1-9274 ° VICINITY ff-4P NOT TO SCALE CD n O !L � SAND FENCE �e t EDGE OF PAVING I 6-3 � � 6Q < roCP Qi � CP CASE 10.6+ Co10. iOwN BARB\ i0t\CApE U (b \ �•_ p1�\NG + to N/F Zollicoffer— Roya I I, LLC I P.O.Box 786 Morehead City, NC 285571 P.I.N.5373.17-20-0983 P.I.N.5373.17-20-0910 LEGEND E.I.P. EXISTING IRON PIPE S.I.S. SET IRON STAKE R/W RIGHT OF WAY M.B.S.L. MINIMUM BUILDING SETBACK LINE M.B. MAP BOOK PG. PAGE S.F. SQUARE FEET CENTERLINE E.C.M. EXISTING CONCRETE MONUMENT E.I.S. EXISTING IRON STAKE E.M.N. EXISTING MAG NAIL S.M.N. SET MAG NAIL +9.6 SPOT ELEVATION � N +10.1 12 1 SAND FENCE "1 st LINE OF I STABLE VEGETATION LAND EDGE OF SAND BAGS N / F Charles F. Mess 18420 Brooke Grove Rd. Olney, MD 20832 P.I.N.5373.17-20-1965 I John _A._Odom hereby certify that this map is correct and prepared according to the Standards of Practice for Land Surveying in North Carolina. ) S IS N T FOR RECORDING. L-306_2_ Pi'ofesisional Land SurveijJr License No. JCJ ' MARCH 28, 2006 FIELD BOOK El 1 1 1 DRAWN BY PACE 13 JAO IIN NO TES I I I-- 1.) AREA = N/A ivw4 2.) CLOSURE = 1:10,000+ QQ� J. REFERENCE : M.B. 8 PG.73 4.) P.I.N. 5373.17-11 5.) FLOOD ZONE :ZONE VE EL 14 PER F.I.R.M. �q 3720537300J, JULY 16, 2063 }v VS 6.) FINAL MAP RECORDED :NOV. 29, 1971 v�ty 7.) THIS PROPERTY IS SUBJECT TO ALL Niea�A EASEMENTS, AGREEMENTS, AND RIGHTS OF WAY OF RECORD PRIOR TO THE DATE OF THIS PLAT. 8.) ELEVATIONS BASED ON N.G.V.D. 1929. C.A.M.A. APPLICATION DRAWING FOR Town of Emerald Isle ACCESS AT THE END OF INLET DRIVE BLOCK 53. EMERALD ISLE BY THE SEA COUNTY CITY TOWNSHLP CARTERET EMERALD ISLE NC WHITE OAK SCAT. Derr PROJECT NO. 1 "=30- APRIL 3, 2006 2000085 2000085C 1prrstijgr Land Surveying, P.A. 501 W. B. McLean Blvd. — Cape Carteret Swausboro, North Carolina 28584 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 5, 2006 CARTERET NEWS TIMES Legal Advertisement Section P.O. Box 1679 Morehead City, N.C. 28557. Re: Public Notice - FILING OF A CAMA MINOR DEVELOPMENT PERMIT To Whom It May Concern: Please publish the attached Notice in the Friday, April 7, 2006, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send. the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center; Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, U` . Ryan Davenport Coastal management Representative Enclosure cc: Tere Barrett — District Manager 151-13 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper 2 1 NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Notice is hereby given that the Town of Emerald Isle, has applied to the Department of Environment and Natural Resources for a CAMA Minor Development permit. The applicant is requesting to construct a sand access ramp to the beach. The property is located at the end of Inlet Dr. in Emerald Isle, NC; Carteret Co. Persons desiring to inspect the application, or to comment thereon, are directed to contact Ryan Davenport, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, Telephone (252) 808-2808, no later than April 21, 2006. Comments received prior to that date will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: April 7, 2006 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper OTHER PERMITS MAYBE REQUIRED: The activity you are planning may require permits other than the CAMA minor y development permit. As a service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list 00 with your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste tl"4 treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. O STATEMENT OF OWNERSHIP: z I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in anAEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be 0 described as: (check one) an owner or record title. Title is vested in , see Deed Book page in the County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I_,furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (1) W (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which ma be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular h l� ated with this lot. This explanation was accompanied by recommendations concerning stabilization and '' 1 ' fih !F niques. APR 4 - 2006 PERMISSION TO ENTER ON LAND: I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit tfI'frQ(lj�e t�t'sq, D enter on the aforementioned lands in connection with evaluating information related to this permit application. YY This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor- mation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. This thday of , 20 e Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS Label roads t/ Label highways right-of-ways v Label local setback lines _K Label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS Draw and label mean high water mark Draw location of on -site wastewater system If you will be working in the ocean hazard area: Draw and label dune ridges (note height) Draw and label toe of dune Identify and locate first line of stable vegetation Draw and label setback line under CAMA Draw and label topographical features (optional) If you will be working in an estuarine shoreline area: Draw and label landward limit of AEC Describe terrain (slope) DEVELOPMENT PLANS 717 APR 4 - 2006 Morehead City DCM Draw and label areas that will be disturbed � If a house is to be placed on lot, describe location of house ---�f� Note size of piling and depth to be placed in ground Draw and label all areas to be paved or graveled Describe composition of surface Note and list fully all trees and vegetation to be removed or relocated Show landscaping NOTE TO APPLICANT Have you: • completed all blanks and / or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing/ • signed both application and statement of ownership? • enclosed the $100.00 fee? • completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections Date of Action: Issued Exempted Denied Appeal Deadline (20 days) Revised 3/2003