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HomeMy WebLinkAbout146-01 Minor Mod 2002 Weyerhaeuser Real Estate CoPermit Class Permit Ni MODIFICATION/MINOR 146-01 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission P fft t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Weyerhaeuser Real Estate Co., Gum Thicket Marina,-233 MiddWStreet, Suite 214, New Bern NC 28560, Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse River, SR 1317 (Orchard Creek Road) as requested in the permittee's application dated'letter dated 8/12/02, including attached workplan drawings (3), dated received 8/9/02. This permit, issued on September'13, 2002 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This minor modification authorizes the construction of two vista docks, a temporary 6' x 24' finger pier at the Mill Creek vista dock, and a revision of Condition No. 20 of the original of Permit 146-01. All work must be done in accordance with the attached workplan drawings and. the permit conditions contained herein. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing, date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2004 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. B nna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Weyerhaeuser Real Estate Permit #146-01 Page 2 of 2 ADDITIONAL CONDITIONS 1 2) Condition No. 20 of the original permikis hereby modified to read as follows: 20) Piers and docking facilities for individual property owners; within the Gum Thicket Marina and residential Development are limited to areas within the marina basin only, with the exception that each waterfront property owner may apply for authorization to construction a single vista dock structure. The vista dock structures shall conform to the following criteria: a) The vista platform shall not extend more than 6 feet beyond the normal water line, and shall have a maximum width of 16' and a maximum length of'12'. b) The area of the vista platform built over coastal wetlands must not exceed 6' in width. c) Any portion of the vista dock structure located over coastal wetlands shall be elevated a minimum of 3' off of the wetland substrate as measured from the bottom of the decking. d) There shall be no boat slips associated with any vista dock. Therefore, tie cleats, tie poles or similar structures will not be permitted in association with the structure. This permit condition is to be enforced by protective covenants, deed restrictions, or other legally enforceable, instruments. Any pier or docking facility located outside the marina basin and not in accordance with the permit application shall bei considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the project. The permittee has agreed to this condition to minimize disturbance within the many creeks that border this development that are designated Primary Nursery Waters by the Division of Marine Fisheries. 3) The two vista structures specifically authorized by this minor modification must meet the vista structure requirements outlined in revised Condition No. 20, with the exception of the temporary finger pier at the Mill Creek vista structure. 4) Prior to the, occupancy of any new slips authorized under this permit, the finger pier at the Mill Creek vista structure must be removed. 5) This minor modification must be attached to the original of Permit No. 146-01, which was issued on 11/20/O1, and both documents must be available on site when a' Division representative inspects the project for compliance. 6) All conditions and stipulations of the original permit remain in 'force under this minor modification unless altered herein. 0 TO UPLANDS SHORELINE .. I I. .11 I Till CD Hill I'il T Irl n � N rl irU . CARCy an � SEAL d 025586 _ C FA '��V 11111111111 �,` n 4'-4' MINIMUM TO 6' MAXIMUM �- SHEET 2 OF 5 TYPICAL WOODEN PEDEVR/AN WALKWAY GUM THICKEF {WEYERHAEUSER REAL ES7-A7F COMPANY PAMUCO COUNTY NORTH CAROUNA IATE._222N01 I ROBERT M. CHILES, P.E. IDH N0. __ 99»6_ ls ENGINEERS AND CONSULTANTS 'CALE- _ �L16___1INEW BERN. NORTH CAROLINA G, 7L 4 � h � C�v�✓u` �� 5 o AUG 0 9 - i= ' 2�02 GJgSTgL r I a � Permit Permit Class MODIFICATION/MINOR 146-01 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resourccs Commission Vermtrt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Weyerhaeuser Real Estate Co., Gum Thicket Marina, 233 Middle Street, Suite 214, New Bern NC 28560, Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse River SR 1317 (Orchard Creek Road) , as requested in the permittee's application dated' letter dated 8112/02, including attached workplan drawings (3) dated received 8/9/02 This permit, issued on September 13, 2002 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. l) This minor modification authorizes the construction of two vista docks, a temporary 6' x 24' finger pier at the Mill Creek vista dock, and a revision of Condition No. 20 of the original of Permit '_46-01. All work must be done in accordance with the attached workplan drawings and the permit conditions contained herein. (See attached sheet for Additional Conditions) ..It. pr111111 aG11U11 111ay uc appualcu Oy me pernruee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Deranment personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must ceasr when the permit expires on December 31, 2004 In issuing this pennit, the State of North Carolina al that your project is consistent with the North Carolina Co Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ll nna D. Moffitt, Director Division of Coastal Management This permit and its conditions arc hereby accepted. Weyerhaeuser Real Estate Permit #146-01 Page 2 of 2 ADDITIONAL CONDITIONS 2) Condition No. 20 of the original permit is hereby modified to read as follows: 20) Piers and docking facilities for individual property owners within the Cum Thicket Marina and residential Development are limited to areas within the marina basin only, with the exception that each waterfront property owner may apply for authorization to construction a single vista dock structure. The vista dock structures shall conform to the following criteria: a) Tire vista platform shall not extend more than 6 feet beyond the normal water line, and shall have a maximum width of 16' and a maximum length of 12'. b) The area of the vista platform built over coastal wetlands must not exceed 6' in width. c) Any portion of the vista dock structure located over coastal wetlands shall be elevated a minimum of 3' oJf of the wetland substrate as measured from the bottom of the decking. d) There shall be no boat slips associated with any vista dock. Therefore, tie cleats, tie poles or similar structures will not be permitted in association with the structure. This permit condition is to be enforced by protective covenants, deed restrictions, or other legally enforceable instruments. Any pier or docking facility located outside the marina basin and not in accordance with the permit application shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the project. The permittee has agreed to this condition to minimize disturbance within the many creeks that border this development that are designated Primary Nursery Waters by the Division of Marine Fisheries. 3) The two vista structures specifically authorized by this minor modification must meet the vista structure requirements outlined in revised Condition No. 20, with the exception of the temporary finger pier at the Mill Creek vista structure. 4) Prior to the occupancy of any new slips authorized under this permit, the finger pier at the Mill Creek vista structure must be removed. 5) This minor modification must be attached to the original of Permit No. 146-01, which was issued on 11/20/01, and both documents must be available on site when a Division representative inspects the project for compliance. 6) All conditions and stipulations of the original permit remain in force under this minor modification unless altered herein. lit -olu* W � �n I ' •1 D 011 ICI C) �..-u i.,!Zzl p O • fill N qj 11 A =� ?; • OFtissip • �9 ' SEALS .;o 025586-= a 4'-4' MINIMUM ITO 6' MAXIMUM p SHEET 2 OF 5 a TYPICAL WOODEN PEDESTRIAN WALKWAY, at GUM THICKET for WEYERHAEUSER REAL ESTATE COMPANY PAMLICO COUNTY NORTH CAROUNA DATE,?3JANOI ROBERT M. CHILES, P.E. JOH NO. __ 98178 ENGINEERS AND CONSULTANTS SCALE- NEW DERN. NORTH CARCLINA !.i P August 12, 2001 M. Ted Tyndall District Manager NCDENR Hestron Plaza II, 151-B, Hwy 24 Morehead City, NC 28557 Dear Mr. Tyndall This letter is a request for a minor modification to CAMA permit # 146-01, issued to Weyerhaeuser Real Estate Company on November 20, 2001. Weyerhaeuser Real Estate does request that additional language be added to the permit to address the construction of vista platforms and boardwalks on individual properties. Item #20 in the permit already prohibits the construction of piers and docking facilities for individual property owners within the Gum Thicket Development. It was agreed that this provision does not prohibit the construction of vista platforms at waters edge. We would request that additional language be added to the permit to limit these platforms and boardwalks to the following: The boardwalks and vista platforms would be limited to the following specifications: 1) All boardwalks built over coastal wetlands must not exceed 6 ft. in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 2) The waterside vista platform shall not exceed 192 sq. ft. and shall extend no more than 6 ft. beyond the nominal waterline. The platform shall have a maximum length of 12' as measured from the landward side to water and a maximum width of 16' as measured from side to side along the shoreline. 3) The area of the vista platform that may be built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate. 4) There shall be no boat slip authorized in association with these platforms. Therefore, tie cleats or tie poles will not be permitted on the platform. 5) There will be no roof allowed over the platform. 6) No more than one vista platform per lot. These restrictions will be reflected in the Community's Protective Covenants. Weyerhaeuser Real Estate also request pemiission to construct two vista platforms and boardwalks for marketing and demonstration purposes. One of the vista platforms with a boardwalk will be located on Broad Creek adjacent - to the proposed marina channel and the second will be located on Mill Creek. r ,.nchl-ofmt:com The platform on Mill Creek will have a 24' temporary extension for the purpose of loading prospective property owners on a boat for touring the waterfront. This access will be necessary until the -'marina basin is complete at which time the extension will be removed. Plans have been submitted to the Morehead City Office of CAMA. We feel it is very important to demonstrate the type of boardwalk and vista platform that will be allowed by our protective covenants, this will give them a visual to exactly the limitations that will be imposed on the property. It is also quite necessary that we have limited access to a boat for purposes of showing the property until such access is available in the marina. Thanks for your attention to this matter. If you have any questions please feel free to call me at 252-634-3373 or 252-670-7760. Respectfully, L/ Ed Mitchell Division Manager JEM/kwh W" nch2o6t.com. '�.C...� ,J -"y �e. spay J ' �► AUG 4 NCDENR North Carolina Department of Environment and Natural Resources 66�LL �--m Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director I William G. Ross Jr., Secretary MEMORANDUM: �^ TO: DOUG HUGGETT FROM: TRACEY WHEELEE, SUBJECT: MINOR MODIFICATION — CAMA MAJOR PERMIT #146-01 DATE: August 26, 2002 Please find enclosed a request from Mr. Ed Mitchell, Weyerhaeuser Real Estate Company, to modify the existing permit to allow for the construction of two vista docks onsite the Gum Thicket Development property in Pamlico County and to modify Condition #20 on the existing permit to allow construction of similar structures on individual 'properties. The applicant is also requesting a temporary 6' by 24' finger pier at the vista dock proposed on Mill Creek. The finger pier would be removed upon completion of the permitted marina. The applicant has submitted the $100 modification fee. This permit was originally issued on November 20, 2001, for the construction of a residential development and marina at the Weyerhaeuser Real Estate Company's property off NCSR 1317 on the peninsula between Tar Creek and Orchard Creek along the Neuse River near the community of Pamlico in Pamlico County, North Carolina. As described in Weyerhaeuser's permit application, the proposed upland marina basin will provide the only docking facilities for the entire Gum Thicket Residential Development. This provision was reiterated in Condition Number 20 of the CAMA Major Permit. The applicant is now proposing to construct structures to allow water access without providing docking facilities for boats. Based on a thorough review of the request and the determination that this proposal is consistent with 15A NCAC Subchapter 0711.0208 and 07J.0405(c)(1), I recommend the Minor Modification be authorized with the following conditions: 1) All of the original conditions of the issued permit remain in effect. 2) The two vista structures must meet the following criteria: a. All structures over coastal wetlands must not exceed 6 feet in width and must be elevated a minimum of 36 inches above the wetland substrate. b. The platform must not exceed 192 square feet and shall not extend more than 6 feet waterward of the normal water level. 'Maximum allowable platform dimensions are 12' by 16'. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Gum Thicket Modification Pamlico County Page 2 c. There will be no boat slips authorized. Therefore, tie cleats, tie pilings, boatlifts and boathouses are not authorized in association with the pier structures. d. Based on commitments made by the permittee, roofed structures over water will not be allowed in the Gum Thicket Development. 3) Any authorization for structures proposed by individual property owners in the Gum Thicket Residential Development must meet the above criteria (See Condition #20). 4) In order to facilitate boat access during the marketing of the Gum Thicket Development, this permit authorizes a 6' by 24' finger pier to be constructed as shown on the drawing labeled Mill Creek, received by this office on 9 August 2002. 5) The abovementioned finger pier will be removed upon completion of the permitted manna. Cc: Ted Tyndall, DCM August 12, 2001 M. Ted Tyndall District Manager NCDENR Hestron Plaza II, 151-B, Hwy 24 Morehead City, NC 28557 Dear Mr. Tyndall This letter is a request for a minor modification to CAMA permit # 146-01, issued to Weyerhaeuser Real Estate Company on November 20, 2001. Weyerhaeuser Real Estate does request that additional language be added to the permit to address the construction of vista platforms and boardwalks on individual properties. Item #20 in the permit already prohibits the construction of piers and docking facilities for individual property owners within the Gum Thicket Development. It was agreed that this provision does not prohibit the construction of vista platforms at waters edge. We would request that additional language be added to the permit to limit these platforms and boardwalks to the following: The boardwalks and vista platforms would be limited to the following specifications: 1) All boardwalks built over coastal wetlands must not exceed 6 ft. in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 2) The waterside vista platform shall not exceed 192 sq. ft. and shall extend no more than 6 ft. beyond the normal waterline. The platform shall have a maximum length of 12' as measured from the landward side to water and a maximum width of 16' as measured from side to side along the shoreline. 3) The area of the vista platform that may be built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate. 4) There shall be no boat slip authorized in association with these platforms. Therefore, tie cleats or tie poles will not be permitted on the platform. 5) There will be no roof allowed over the platform. 6) No more than one vista platform per lot. These restrictions will be reflected in the Community's Protective Covenants. Weyerhaeuser Real Estate also request permission to construct two vista platforms and boardwalks for marketing and demonstration purposes. One of the vista platforms with a boardwalk will be located on Broad Creek adjacent to the proposed marina channel and the second will be located on Mill Creek. w .,chzofrnt.com r R a ".T � t .• � r � � r , P• t �� 1 U':. t :.E o t .e 5 s# pr c ,4 A; v" .'1' 1 li;✓.:; l � Y'3`' s* t ,' zo-jr ✓ �r i r`'.. 2 _ ' ; ; w r � ✓ - 3.>„ ) s 4 J M l . t , i J �, e h l; ' i �. Y i. ti Y !r rY t F � � t �.N T {c .. ar J <�• +✓r rr t ''.5 `3 t' 1 ..' a R � •I r r 'r * f4 .� 'A r y _� r W y} i Ti y._ •lr / iM''! Y j 3 ."• ax • n ye s v r -.d { r ^: d`" £' { Y 5� 1 >A r ry u s ' N N I° •" ' i ,�P C b a)' -♦ Y a 5.. i l✓c d }+ r 'C Y !s t-, Yh 'FYe ! rF J47, 1 ) c h h ;\ n J t .3s� a ot�r � l Y-.i +E � 1 :" *Z ✓ �� 6 e i ?,� �; L, V C y. E �' 1y 1 3'r: ` S -. f.yl { ` 2 •S 4� Y / ^j � rT J i �.t as -rr- r }✓3/l•'' '1 � t _r 5 ._ ! 1, 5. - r` { _ R'•Y +3 .Y Y�Y {/ pJ Y Yr t] ✓ Y�. JS� M✓'. n �� { ��' �� ✓ I n r51b. r � } tr .. j' I4 v"'S+ � l i / •Y_. .� I erti'" � - �"VIr r ✓5, b 6 e r � !:✓ :. �F e.3 >v �-� t 1 - J a 4f ��ar 6 1 --: YE � S t� �.��+♦y,Y..t .:_ S Q .�i. ✓-. S b f. � i:hq, ? � � y R•�4�.y.�: r f _: IJ r 4 s:.as'S YY43{r�?;%a��">`.,.ZILa2'v`�i�R►kar'!,..j a?�. ., ., i�i. ✓i�b'4... >. ......�..w...�ruwl.t•:..'"�.?"iaS1�L`%'. a.._ _.� �� �i. V.. �ia�'? The platform on Mill Creek will have a 24' temporary extension for the purpose of loading prospective property owners on a boat for touring the waterfront. This access will be necessary until the marina basin is complete at which time the extension will be removed. Plans have been submitted to the Morehead City Office of CAMA. We feel it is very important to demonstrate the type of boardwalk and vista platform that will be allowed by our protective covenants, this will give them a visual to exactly the limitations that will be imposed on the property. It is also quite necessary that we have limited access to a boat for purposes of showing the property until such access is available in the manna. Thanks for your attention to this matter. If you have any questions please feel free to call me at 252-634-3373 or 252-670-7760. Respectfully, Ed Mitchell Division Manager JEM/kwh w .nch2olmt.com P�PEW t Weyerhaeuser The future is growing" August 15, 2002 Mr. Ted Tyndall NCDENR Division of CAMA 151-B Highway 24 Hestron Place #2 Morehead City, NC 28557 Dear Mr. Tyndall: Weyerhaeuser Real Estate Development Company 1785 Weyerhaeuser Road Vanceboro NC 28586 PO Box 1391 New Bern NC 28563 Toll Free (800) 443 9419 Fax (252) 633 7438 AUG 1 y 2002 Enclosed please find Check #01211136 in the amount of $100.00, which represents the fee for Permit #146-01. Please contact Ed Mitchell at (252) 634-3350 if you need additional information to complete this permit request. Thank you for your prompt attention. cc: Ed Mitchell Sincerely A�'i al� Lori Ann Worley Accounts Payable Southeast Region TO UPLANDS SHORELINE 0 ➢ D � C D � r O z G) N m o K CD N m z `,,,, ?�.•�FESS/p �/ i SEAL 025586 4'-4' MINIMUM TO 6' MAXIMUM m SHEET 2 OF 5 TYPICAL *VWEN PEDESTR/AN WALKWAY, of GUM mlmET µEYERHAEUSER REAL ESTATE COMPANY Deus ern ro77NTv NORTH CAROLINA BATE,_L3J N21 IROBERT M. CHILES, P.E. JOB Na __99176_ If ENGINEERS AND CONSULTANTS SCALE- _ J/18 _--7 NEW BERN. NORTH CAROLINA 4 K Etc `k � �. � " °GNU �. a flD AUG U 9 2002 vVI- T-, /Y � MEMORANDUM: TO: DOUG HUGGETT FROM: TRACEY WHEELER SUBJECT: MINOR MODIFICATION — CAMA MAJOR PERMIT #146-01 DATE: August 20, 2002 Please find enclosed a request from Mr. Ed Mitchell, Weyerhaeuser Real Estate Company, to modify the existing permit to allow for the construction of two vista docks onsite the Gum DO S Thicket Development property in Pamlico County. The applicant has submitted the $100 (�. modification fee. This permit was originally issued on November 20, 2001, for the construction of a residential development and marina at the Weyerhaeuser Real Estate Company's property offNCSR 1317 on the peninsula between Tar Creek and Orchard Creek along the Neuse River near the community of Pamlico in Pamlico County, North Carolina. As described in Weyerhaeuser's permit application, the proposed upland marina basin will provide the only docking facilities for the entire Gum Thicket Residential Development. This; provision was reiterated in Condition Number 20 of the CAMA Major Permit. The applicant is now proposing to construct structures to allow water access without providing docking facilities for boats. Based on a thorough review of the request and the determination that this proposal is consistent with 15A NCAC Subchapter 07H.0208 and 0710405(c)(1), I recommend the Minor Modification be authorized with the following conditions: 1) All of the original conditions of the issued permit remain in effect. 2) The two vista structures must meet the following criteria: -Iyk wsLC+ a. All structures over coastal wetlands must not exceed 6 feet ' ri ision and must be elevated a minimum of 36 inches above the wetland substrate. b. The platform must not exceed 700"siluare feet and shall not extend more than 6 feet waterward of the normal water level. Maximum allowable platform dimensions are 12' by 16'. c. There will be no boat slips authorized. Therefore, tie cleats, tie pilings, boatlifts and boathouses are not authorized in association with the pier structures. d•`�vv wa`���rPkeer'''lka/ �rooSlrucfuo:s w'/l nod (� alla.xd' 3) Any authonza ion Ior si Aur 6roposed by'r_n3iNid 1 property owners in the Gum Thicket Residential Development must meet the above criteria ( R• i'o 'r-L") Cc: Ted Tyndall, DCM �,F.' ;� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary MEMORANDUM: TO: DOUG HUGGETT FROM: TRACEY WHEELER SUBJECT: MINOR MODIFICATION — CAMA MAJOR PERMIT #146-01 DATE: August 26, 2002 Please find enclosed a request from Mr. Ed Mitchell, Weyerhaeuser Real Estate Company, to modify the existing permit to allow for the construction of two vista docks onsite the Gum Thicket Development property in Pamlico County and to modify Condition #20 on the existing permit to allow construction of similar structures on individual properties. The applicant has submitted the $100 modification fee. Tctfw % ,- This permit was originally issued on November 20, 2001, for the construction of a residential development and marina at the Weyerhaeuser Real Estate Company's property off NCSR 1317 on the peninsula between Tar Creek and Orchard Creek along the Neuse River near the community of Pamlico in Pamlico County, North Carolina. As described in Weyerhaeuser's permit application, the proposed upland marina basin will provide the only docking facilities for the entire Gum Thicket Residential Development. This provision was reiterated in Condition Number 20 of the CAMA Major Permit. The applicant is now proposing to construct structures to allow water access without providing docking facilities for boats. Based on a thorough review of the request and the determination that this proposal is consistent with 15A NCAC Subchapter 07H.0208 and 07J.0405(c)(1), I recommend the Minor Modification be authorized with the following conditions: 1) All of the original conditions of the issued permit remain in effect. 2) The two vista structures must meet the following criteria: a. All structures over coastal wetlands must not exceed 6 feet in width and must be elevated a minimum of 36 inches above the wetland substrate. b. The platform must not exceed 192 square feet and shall not extend more than 6 feet waterward of the normal water level. Maximum allowable platform dimensions are 12' by 16'. c. There will be no boat slips authorized. Therefore, tie cleats, tie pilings, boatlifts and boathouses are not authorized in association with the pier structures. Rc ror 04c- -tiF'ot p -igzr CL19-gl+ Con. le4c�- er n ec he 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Aif rmative Action Employer — 50% Recycled 110%" Post Consumer Paper Gum Thicket Modification Pamlico County Page 2 d. Based on commitments made by the permittee, roofed structures over water will not be allowed in the Gum Thicket Development. 3) Any authorization for structures proposed by individual property owners in the Gum Thicket Residential Development must meet the above criteria (See Condition #20). Cc: Ted Tyndall, DCM �9%1 /G r w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary 26 August 2002 Mr. Ed Mitchell Weyerhaeuser Real Estate Co. 119 Middle Street New Bern, NC 28560 Dear Mr. Mitchell This letter is in reference to our 9 August 2002 meeting and your 12 August 2002 letter concerning the modification of CAMA Major Permit Ail' 146-01. This permit was issued to Weyerhaeuser Real Estate Company for the construction of Gum Thicket Marina near the confluence of Broad Creek and the Neuse River of NCSR 1317 in Pamlico County. As described in Weyerhaeuser's permit application, the proposed upland marina basin will provide the only docking facilities for the entire Gum Thicket Residential Development. This provision was reiterated in Condition Number 20 of the CAMA Major Permit: Piers and docking facilities for individual property owners within the Gum Thicket Marina and Residential Development are limited to areas within the marina basin only. This permit condition is to be enforced by protective covenants, deed restrictions, or other legally enforceable instruments. Any pier or docking facility located outside the marina basin and not in accordance with the permit application shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of this project. The permittee has agreed to this condition to minimize disturbance within the many creeks that border this development that are designated Primary Nursery Waters by the Division of Marine Fisheries. Permit Condition Number 21 requires the permittee to place deed restrictions on all waterfront lots referencing the no docking facilities requirement referenced in the aforementioned condition. It was noted during the project review and permit issuance that a large number of the individual waterfront lots contained expanses of wetlands and/or coastal marsh between the upland, buildable area of a lot and the normal water line. Neither of the conditions discussed above is intended to prohibit waterfront property owners' access to the water. In these situations, property owners would be allowed (with the appropriate permits) to construct an elevated walkway over the wetlands to the edge of the water. These structures would be required to meet the criteria established in 15A NCAC 7H.1200, but would be designed in a manner so as not to provide docking space. The following are examples of docking features that would be prohibited in the residential portion of the Gum Thicket Development: cleats, tie poles/pilings, boatlifts, boat slips, etc.... The existing permit would need to be modified to limit the dimensions of the structures allowable in the Gum Thicket Development. The following conditions are proposed: 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1101/6 Post Consumer Paper Gum Thicket Development F1W " 7 Pamlico County Page 2 giV.JFC KFY� a;l 1) All of the original conditions of the issued permit remain in effect. 2) The two vista structures must meet the following criteria: a. All structures over coastal wetlands must not exceed 6 feet in width and must be elevated a minimum of 36 inches above the wetland substrate. b. The platform must not exceed 200 square feet and shall not extend more than 6 feet waterward of the normal water level. Maximum allowable platform dimensions are 12' by 16'. c. There will be no boat slips authorized. Therefore, tie cleats, tie pilings, boatlifts and boathouses are not authorized in association with the pier structures. d. Based on commitments made by the permittee, roofed structures over water will not be allowed in the Gum Thicket Development. 3) Any authorization for structures on property owned by individual property owners in the Gum Thicket Residential Development must meet the above criteria See Condition #20). 4) In order to facilitate boat access during the marketing of the Gum Thicket Development, this permit authorizes a 6' by 24' finger pier to be constructed as shown on the drawing labeled Mill Creek, received by this office on 9 August 2002. 5) The abovementioned finger pier will be removed upon completion of the permitted marina. I appreciate your efforts to comply with the permit requirements of this Division, and encourage you to contact me if you have any questions about this or any other matter. Please don't hesitate to contact me at the Morehead City office at 252-808-2808. Sincerely, Tracey L. Wheeler Coastal Management Representative Cc: Charles Jones — Assistant Director, DCM Ted Tyndall — District Manager, DCM Morehead City Doug Huggett — Major Permits Coordinator Raleigh Bland — US Army Corps of Engineers n ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 13, 2002 Weyerhaeuser Real Estate Co., Gum Thicket Marina 233 Middle Street Suite 214 New Bern, NC 28560 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail 'the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Haggett Major Permits and Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dom2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper