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HomeMy WebLinkAboutDEN-96-07State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director Certified Mail Return Receipt Requested Mr. Thomas F. Adams, Jr. Attorney at Law P. O. Drawer 19764 Raleigh, NC 27619-9764 Dear Mr. Adams: cop�e�� 1DEHNR August 13, 1996 This letter is with reference to the application submitted on behalf of Coastal Mobile Estates for permits under Coastal Area Management Act (CAMA) and the state dredge and fill law to excavate a boat launch access channel in Bogue Sound, at Atlantic Beach, in Carteret County. Processing of the application was placed in abeyance at your request in February of 1993. The Division policy is to retire applications that have been on hold for more than six months. However, we are most willing to provide you with official findings from the earlier record. Based on a joint state and Federal review of the proposed access channel, the Division of Coastal Management has made the following findings: 1) The proposed access channel and associated turning basin would extend approxi- mately 400' into Bogue Sound which is classified SA Waters and open to shellfish harvest; 2) The 30' wide channel would adversely impact approximately 3,000 sq. feet of sub- merged aquatic vegetation (SAV) and about 13,000 sq. feet of shellfish habitat. Site inspection by agency investigators has confirmed the presence of "numerous clams" and "numerous patches" of SAV; 3) SAVs are vital for continued fishery production in that they provide feeding habitat and nursery areas for many estuarine -dependent fishes and invertebrates, many of which are of recreational or commercial importance; P.O. Box 27687, N%AW . FAX 919-733-1495 Raleigh, North Carolina 27611-7687 rC AnEqual Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper Mr. Thomas F. Adams, Jr. Page 2 August 13, 1996 4) The Division of Marine Fisheries found that the project would result in a loss of significant estuarine habitat and resources. The N. C. Wildlife Resources found the project, because of the impacts described above, would be inconsistent with its Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats: 5) During the course of the review, three state and two Federal agencies objected to the project; and in October of 1994 the U.S. Army Corps of Engineers retired your application; 6) The previously dug channel was carried out prior to state permitting, has not under- gone maintenance excavation and has now recovered to natural conditions, indistin- guishable from adjacent SAVs and shellfish beds; 7) The project has been determined to be inconsistent with the following partial listing of the Rules of the Coastal Resources Commission: T15A NCAC 7H.0208(b)(1) which requires navigation channels to avoid beds of SAVs and shellfish; and .0208(b)(j) which provides for maintenance of channels constructed prior to when permitting was necessary if there is clear evidence that the channel was continuously used for a specific purpose; and N.C.G.S. 113-229(e)(5) which provides for denial if it is determined that the project would cause a significant adverse impact on estuarine resources. Based on the foregoing finding, it is necessary that your application request be denied under N.C.G.S. 113-120(a) which requires permit denial when a proposal is determined to be inconsistent with the state standards or guidelines; as when the project could be denied under the state dredge and fill law, N.C.G.S. 113-229(e)(5). If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. Mr. Thomas F. Adams, Jr. Page 3 August 13, 1996 Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733- 2293, P. O. Box 27687, Raleigh, NC 27611. Sinc ely, Ro r N Schecter, Director RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD LTC Terry R. Youngbluth Corps of Engineers Wilmington, NC State of North Carolina Department of Environment, Health and Natural Resources A4*A Division of Coastal Management _ James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary E H N R Roger N. Schecter, Director August 13, 1996 Certified Mail Return Receipt Requested Mr. Thomas F. Adams, Jr. Attorney at Law P. O. Drawer 19764 Raleigh, NC 27619-9764 Dear Mr. Adams: This letter is with reference to the application submitted on behalf of Coastal Mobile Estates for permits under Coastal Area Management Act (CAMA) and the state dredge and fill law to excavate a boat launch access channel in Bogue Sound, at Atlantic Beach, in Carteret County. Processing of the application was placed in abeyance at your request in February of 1993. The Division policy is to retire applications that have been on hold for more than six months. However, we are most willing to provide you with official findings from the earlier record. Based on a joint state and Federal review of the proposed access channel, the Division of Coastal Management has made the following findings: 1) The proposed access channel and associated turning basin would extend approxi- mately 400' into Bogue Sound which is classified SA Waters and open to shellfish harvest; 2) The 30' wide channel would adversely impact approximately 3,000 sq. feet of sub- merged aquatic vegetation (SAV) and about 13,000 sq. feet of shellfish habitat. Site inspection by agency investigators has confirmed the presence of "numerous clams" and "numerous patches" of SAV; 3) SAVs are vital for continued fishery production in that they provide feeding habitat and nursery areas for many estuarine -dependent fishes and invertebrates, many of which are of recreational or commercial importance; P.O. Box 27687, �� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Mr. Thomas F. Adams, Jr. Page 2 August 13, 1996 4) The Division of Marine Fisheries found that the project would result in a loss of significant estuarine habitat and resources. The N. C. Wildlife Resources found the project, because of the impacts described above, would be inconsistent with its Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats: 5) During the course of the review, three state and two Federal agencies objected to the project; and in October of 1994 the U.S. Army Corps of Engineers retired your application; 6) The previously dug channel was carried out prior to state permitting, has not under- gone maintenance excavation and has now recovered to natural conditions, indistin- guishable from adjacent SAVs and shellfish beds; 7) The project has been determined to be inconsistent with the following partial listing of the Rules of the Coastal Resources Commission: T15A NCAC 7H.0208(b)(1) which requires navigation channels to avoid beds of SAVs and shellfish; and .0208(b)o) which provides for maintenance of channels constructed prior to when permitting was necessary if there is clear evidence that the channel was continuously used for a specific purpose; and N.C.G.S. 113-229(e)(5) which provides for denial if it is determined that the project would cause a significant adverse impact on estuarine resources. Based on the foregoing finding, it is necessary that your application request be denied under N.C.G.S. 113-120(a) which requires permit denial when a proposal is determined to be inconsistent with the state standards or guidelines; as when the project could be denied under the state dredge and fill law, N.C.G.S. 113-229(e)(5). If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. I Mr. Thomas F. Adams, Jr. Page 3 August 13, 1996 Also, you should be advised that as long as this state pemut denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733- 2293, P. O. Box 27687, Raleigh, NC 27611. RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD LTC Terry R. Youngbluth Corps of Engineers Wilmington, NC Sinc ely, Ro r N Schecter, Director APPLICATION PROCESSING NOTES Applicant Deadline JUL—SEA 199c 11 � 55 �P.OI°! -HEAD 919 247 3330 TO DCM—RALEIGH P.01 a o rre Y48 J nRK h'. aV TE 2C­ •-.• Li0 e6)9C-yLEa .p ax xJVd Ur.! i n V I \I. • _JLt .yam/ `-1 �LCICIII-idll':]In<L7'fi::)ti f/+ :'.art", 1,10,1! f'1 r\terHh714 frctT, ncC b0a_ : M!, d[ cnd oft}�r ehanne! s+i�u li.fl�� flrc�+e.1. MAV PIN TAYLOR ELLIS 6 ADAMS. P.A. 't J& Er§ 11 E e SCJ FALEI�h h-�P1F1 YnO L�NA �]o�a-.054 TlYEGn DNe '�•9yb�-4JOJ line 3-_ 11)9u Ho«a-d a.d ? a;. the 1 tasjt es cl a Tru, E :1. _ t. nFNdor.ilr 'r. cL.it:S. inc.. which to nim is - - ,�aEtit . ._ I . ,� �i ..;�i :+�•r:!r � �r'ut:e such n:i�s and [:;La.:b•. ;,.... . 1 Ill Ol' i'N 1,;1 ." Ir office to ls3Cc• the per Rnt Ver% tmh sours, Coastal M3bilc'. Fratrs. lu: Thomat F Ae Co Z V'Ak a : 117 -.tT• ?09t 1. i- �. CJ. e! F- s t I i ;I. VT ILL' /993 MAUPIN TAYLOR ELLIS & ADAMS, P.A. AN 0 5499t LlzIuaum�6) ATTORNEYS AT LAW J.N. ,u • mL.o .x,Jw. 3200 BEECHLEAF COURT w.♦ L'.N R. TAYLOR, Jn. TN JONN o. rtAno RALEIOH, NORTH CAROLINA 27604-1064 ................ TNoxu cAwN[,JR. xx[TT roxAlo w. no.u[ TELEPHONE 191919BI-4000 MAILING ADDRESS POST OFFICE DRAWER I9164 CNAnLo.. NEELY, Jw. Acn w. MwniN RALEIGNr NORTH CAROLINA 27619-9769 THOMAS w. N. ^LLKAN2ER TINo♦NT.. nlonwu TELEFAX (919) 961-4300 ro.ERT A. YALOI.U.S.T. I... T. wILYAN[ON JA.N .. N wAwO,Jw. O. c4nn, l6 WASHINGTON OFFICE ALwT A. WELL, JR. ROrtnT A. CON[x 1155 FIFTEENTH STREET, SUITE 400 NA N, LOIRE .. N wT WASHINGTON, D.C. 20005 ..O[[NAN •EICN[u IN. [BAIT TELEFAX (202) 859-5763 •.A.T[x[x ER., w,x[Tox 1. nm[,Jn. TELEPHONE(2021429-5910 x I NIL NA[I C. ox - A. EN. N . n. OOw,Ox x , ROCK HILL OFFICE N u W ♦ uw x . THORNTON 446 LAKESHORE PARKWAY, SUITE 200 oN [0. n NOiT[TL[n • ROCK HILL, SOUTH CAROLINA 29730-4264 N„E.N.wwroTT[w TELEFAX IS031 324-2093 TNOxw A. TA•• RICHARD N. COON TE LEPHONE 9603) 324-9116 JAKCS A. [,SE 1.w •RE'.'.&J. ANDRION W. NERRILLS DURMAM OFFICE JOHN C. MILL.[. OVEN 411 ANDREWS ROAD, SUITE 150 WILLI". J x[Lgx » DURHAM, NORTH CAROLINA 205 JANu t wT[[ DpxslO JR. TELEFAX 4919) 383-9»I A x.e ..[. D[[R.m January 4, 1993 TELEPHONE 19191362-0199 C.LAITE, MILINIAT g M A. ALA9NA JOEVN M. .MA•OM x. VAFE.C.[xt[ oV WRITER'S DIRECT DIAL NUMBER Anl[N[ D10i[Or .ARNNTEI ONLT,N [D„TN MNIQUTA 9 81-4 005 Mr. Charles Pigott Field Representative, CAMA P. O. Box 769 Morehead City, North Carolina 28557 RE: Application of Coastal Mobile Estates for maintenance dredging of boat channel at Coastal Mobile Park Dear Mr. Pigott: Following a recent meeting with Mr. Roger Schecter, Mr. Schecter forwarded to me a copy of a revision of rules which he said would become effective on February ist which decreased CAMA requirements relating to grasses and indicated that this rule was more favorable to our situation than that which had previously existed. He suggested that we may wish to request a delay of CAMA's final decision concerning our application for the above dredging until February 1, 1993. I had expected our engineer, Mr. John McLean, to make this request but he is out of town and will not be back for perhaps a week or more. For that reason I am sending this letter of request directly to you. ` RECEIV EO JAN 6 I zW ' S`cNT I hope that the affidavits which we have submitted were found to have merit. Very ours �j 5< O 4 ' Thomas F. Adams, Jr. For Coastal Mobile Estates, Inc. lbm/1260104b cc: Mr. John McLean Mr. Alton Howard DEPARTMENT OF THE ARMY "-u WILMINGTON DISTRICT, CORPS OF ENGINEERS ~ JAN 6 1,493 P.O. BOX 1890?,.,,:;.,.,,__a:�r.'ki WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 28, 1992 Regulatory Branch Action ID. 199300433 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Coastal Mobile Estates, Incorporated, for a Department of the Army permit to excavate an access channel and turning basin, construct a finger pier and extend a boatramp on Bogus Sound, Atlantic Beach, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letter of December 8, 1992 (copy enclosed), the National Marine Fisheries Service (NMFS) recommends that authorization be denied. NMFS is concerned regarding the projected loss of approximately 3,000 square feet of submerged aquatic vegetation (SAV) and about 13,000 square feet of shellfish habitat. At this time, we concur with the recommendation of the NMFS. Should the applicant successfully rebut the NMFS comments or alter plans to lessen or eliminate adverse impacts, we will reconsidered our position. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, ne Wrg tory hie Re rBranch -2- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 UNITED STATES DEPARTMENT OF COMMERCE a National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE "••°'� Southeast Regional Office 9450 Koger Boulevard St. Petersburg, FL 33702 December 8, 1992 F/SEO21 Colonel W. Scott Tulloch District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Scott McLendon Dear Colonel Tulloch: The National Marine Fisheries Service (NMFS) has reviewed Public Notice 199300433(GP) dated November 10, 1992, whereby Coastal Mobile Estates, Incorporated proposes to dredge a 16,000 square foot access channel and to extend an existing boat ramp in Bogue Sound near the Town of Atlantic Beach, Carteret County, North Carolina. The proposed work consists of constructing a boat ramp approximately 20-feet-long and 12-feet-wide. The proposed ramp will terminate in a proposed 50-foot-wide by 50-foot-long, and -4 foot mean low water deep turning basin. A 25-foot-long and 4-foot- wide finger pier would be constructed parallel to the boat ramp. The proposed access channel would extend from the boat basin for a distance of approximately 340 feet with a width of 30 feet. Excavation is to be accomplished by hydraulic pipeline dredge with approximately 1,250 cubic yards of spoil material being pumped to an adjacent upland diked disposal area. The waters of Bogue Sound are classified as "SA" (highest quality) and are open for the harvesting of shellfish. Approximately 3,000 square feet of submerged aquatic vegetation (SAV) occurs in the proposed channel alignment. An onsite inspection by a NMFS biologist confirmed that the entire area contains numerous patches of SAV. In addition, the entire project area is colonized by the hard clam (Mercenaria mercenaria) and numerous clams were observed during the site visit. Areas of SAV are vital for continued fishery production in that they provide feeding habitat and nursery areas for many estuarine dependent fishes and invertebrates, many of which are of recreational or commercial importance. Characteristic inhabitants of seagrass meadows include spotted seatrout (Cvnoscion nebulosus), red drum (Sciaenops ocellatus), pink and brown shrimp (Peneaus spp.), and the hard clam (Mercenaria mercenaria). Fishery management plans developed under authority of the Magnuson Fishery Conservation Act specify rigorous management and protection of red drum, including essential habitat. Post larval and juvenile red drum are dependent on areas of SAV for feeding habitat during critical life stages and for protection from predators.) In addition to the loss of SAV habit feet of harvestable shellfish habit federal agency responsible for the rational use of fishery resources,, would result in the degradation or resources. In view of the above, we be issued. it, approximately 13,000 square :at will be lost. As the lead conservation, enhancement, and re oppose this project since it loss of harvestable shellfish recommend that this permit not We appreciate the opportunity to provide these comments. since ;FrAnd eas MJ . Assistant Regional Director Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC F/SEO2 1Holt, J., C.L. Kitting, and C.R. Arnold. 1983. Distribution of young red drum among different sea grass meadows. Trans. Am. Fish. Soc. 112:267-271. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA 28402-1890 IN REPLY REFER 70 December 28, 1992 S: December 28, 1992 Regulatory Branch Action ID. 199300433 Coastal Mobile Estates, Incorporated c/o Mr. Thomas F. Adams, Jr. Post office Box 19764 Raleigh, North Carolina 27619 Gentlemen: On September 15, 1992, you applied for Department of the Army authorization to excavate an access channel and turning basin, construct a finger pier and extend a boatramp on Bogus Sound, Atlantic Beach, Carteret County, North Carolina. After review of your proposal, the National Marine Fisheries Service (NMFS) recommended denial of your application by letter dated December 8, 1992 (copy enclosed). Their recommendation is due to impacts they anticipate would be adverse to submerged aquatic vegetation (SAV) and harvestable shellfish habitat. NMFS's comments are furnished for your rebuttal. Mr. Scott McLendon of my staff, telephone (919) 251-4725, is responsible for processing your application and is available to assist you in coordinating with the NMFS. Please advise us of your intentions, in writing, on or before December 28, 1992. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Mr. John P. McLean 101 Manatee Street Cape Carteret, North Carolina 28584 Copies Furnished (without enclosure): Ar. John Parker Division of coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 25402.1890 IN REPLY REFER TO • /�K //^� �O /��Z Regulatory Branch CUBJECT: Action ID. Applicant Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Fost Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 i Regional Office D vision of Co stal Management North Carolina Department of Environment, Health and �jlatura Resources . Pursuant to CESAW-CO80-N-000-0291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. co ents and/or recommendations would be appreciated on or before 191) 0 , Questions or comments may be addresse to C Regulatory Branch, telephone (919) /� 2 Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 16, 1992 Regulatory Branch Action ID. 199300433 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Coastal Mobile Estates, Incorporated, for Department of the Army authorization and a State Water Quality Certification to excavate an access channel and turning basin, construct a finger pier and extend a boatramp on Bogus Sound, Atlantic Beach, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 18, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. Joh Parker Divi on of Coastal Management No h Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 16, 1992 Regulatory Branch Action ID. 199300433 Coastal Mobile Estates, incorporated c/o Mr. Thomas F. Adams, Jr. Post Office Box 19764 Raleigh, North Carolina 27619 Gentlemen: Reference your application for Department of the Army (DA) authorization to excavate an access channel and turning basin, construct a finger pier and extend a boatramp on Bogue Sound, Atlantic Beach, Carteret County, North Carolina. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. C. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. -2- This information is essential to our expeditious processing of your application and it should be forwarded to us by December 16, 1992. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. If you have questions, please do not hesitate to contact Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Copies Furnished: U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management Nort Carolina Department of nvironment, Health and YNatural Resources ost Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Sincerely, G. Wayne Wright Chief, Regulatory Branch Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post office Box 769 Morehead City, North Carolina 28557 Mr. John P. McLean 101 Manatee Street Cape Carteret,.North Carolina 28584 r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 16, 1992 Regulatory Branch Action ID. 199300433 Coastal Mobile Estates, Incorporated c/o Mr. Thomas F. Adams, Jr. Post Office Box 19764 Raleigh, North Carolina 27619 Gentlemen: On February 11, 1991, we renewed general permit No. CESAW-COSO-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 10, 1992, for Department of the Army authorization to excavate an access channel and turning basin, construct a finger pier and extend a boatramp on Bogue Sound, Atlantic Beach, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199300433 and will be coordinated by Mr. Scott McLendon in our Wilmington Field Office. He is available at telephone (919) 251-4725. Enclosure Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished -(without enclosure): Ukr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivere Island Beaufort, North Carolina 28516 U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. John P. McLean 101 Manatee Street Cape Carteret, North Carolina 28584 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 13, 1994 Regulatory Branch Action ID. 199300433 Mr. Thomas F. Adams, Jr. Coastal Mobile Estates, Incorporated Post Office Box 19764 Raleigh, North Carolina 27619 Dear Mr. Adams: Through coordination with the North Carolina Division of Coastal Management, we have learned that your application for a State permit to excavate an access channel and turning basin, construct a finger pier and extend a boatramp on Bogue Sound, Atlantic Beach, Carteret County, North Carolina, remains on hold. Under the administrative rules of our regulatory program, we cannot issue a Federal permit until after any required State authorization has been obtained. Also, we have no provision for placing an application on administrative hold. Accordingly, your application for a Department of the Army (DA) permit is hereby retired. Additionally, by letter of December 28, 1992, we informed you of comments from the National Marine Fisheries Agency (NMFS). These comments were provided to alert you to concerns in addition to those identified by the State. While obtaining the State permit is the next step in pursuing State authorization, you should be aware that the NMFS' comments will be unchanged by such action. Because of the NMFS' influence on DA permit decisions, it is unli4kely a DA permit would be available unless your project can be modified to lessen its impacts. Mr. Scott McLendon of my staff is available to answer any questions you may have or to assist you in developing a revised plan. Although your application is retired, the file data will Z -2- be retained for future reference telephone (910) 251-4725. z. Copies Furnished: Mr. McLendon may be reached at Sincerely, G. Wayne Wright Chief, Regulatory Branch '. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Offices Box 769.. Morehead City, North Carolina 285573 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Coastal Mobile Estates, Inc COUNTY: Carteret LOCATION OF PROJECT: Hwy. 58, Bogue Sound, Atlantic Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: October 28, 1992 [Revised] FIELD RECOMMENDATION: Attached NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Charles Pigott \ CT OFFICE: Morehead V 2 DISTRICT MANAGER REVIEW:LULIVLLJ �' I v B) DATE APPLICATION RECEIVED IN I EI NOV 1((((((01992 REC'D: $DSO � h PUBLIC NOTICE REC'D: C L4MCM&OT DATE: ADJ. RIP. PROP NOTICES REC'D: D REC'D: (� S 7 APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 'g U 150 DAY DEADLINE: MAIL OUT DATE: l / — I J — 91— STATE DUE DATE: 7 FEDERAL DUE DATE: � 0 — FED. COMMENTS REC'D: Z PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section / Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways I _ Wildlife Resources Commission ` Div. of Water Resources D Div. of Marine Fisheries / MEMORANDUM: TO: JOHN PARKER �3 it FROM: CHARLES S. JONES . SUBJECT: PENDING PERMIT APPLICATION - COASTAL MOBILE ESTAT DATE: February 3, 1993 In Charles Pigott's absence, I have taken the opportunity to review this project and offer the following: Enclosed you will find a 'revised' plat showing the actual water depths of the project area. This survey was conducted on December 21, 1992 by the applicant's engineer and Charles Pigott. This plat revision has also resulted in the applicant modifying his permit request so that the excavation depth would be limited to -2.7' MLW instead of -4' MLW. I have contacted the Division of Marine Fisheries and discussed these revisions with them. They have indicated that this revision would not change their original objections to the project. Based upon these objections and a review of CRC guidelines, I would recommend that we deny this permit because of the following inconsistencies with North Carolina General Statutes or Commission rules: 1. G.S. 113-229(e)(5) - This statute requires denial of the Dredge and Fill Permit upon the finding that the proposed activity would have a significant adverse effect on estuarine or marine fisheries. 2. 15A NCAC 7H.0208(b)(1) - This rule requires that navigation channels must be aligned or located so as to avoid primary nursery areas, productive shellfish beds, beds of submerged vegetation, etc. 3. 15A NCAC 7H.0208(b)(1)(J) - This rule does allow maintenance excavation within beds of submerged aquatic vegetation when essential to maintain a traditional and established use. In order to be eligible under this rule, the applicant must meet certain standards by providing clear and convincing evidence at the time of permit application. One of the specific requirements is that the applicant provide clear evidence that the channel was continuously used for a specific purpose. I do not feel that the applicant has met this test. The attached photocopies show that a navigational channel was excavated at this site between the years of 1958 and 1964. Subsequent photos, however, revealed that the inshore channel had shoaled in by 1971. Since that date, I have been unable to find any permits, photos, or other evidence to show that the channel was ever maintained. It appears that the channel filled in years ago and, therefore, has not been continuously used. February 3, 1993 Page #2 4. G.S. 113A-120(a)(8) - This statute requires that the denial of a CAMA permit if the development is inconsistent with Commission guidelines. If you have any questions concerning this, please contact me. CSJ/dh Enclosures cc: Preston P. Pate, Jr. Cliff Winefordner, COE MEMORANDUM: N �Fc F�Fi441 leg TO: JOHN PARKER A 1 99 FROM: KATHY B. VINSON �'l/ 0 It 01 SUBJECT: CONSISTENCY DETERMINATION - MAJOR PERMIT APPLICATION - COASTAL MOBILE ESTATES, INC., CARTERET COUNTY DATE: November 30-,-M2 The applicant's property consists of an approximately 17 acre tract of land located adjacent to N.C. Highway 58 and Bogue Sound, in the Town of Atlantic Beach, Carteret County. The property has been developed into a 140 space mobile home park. A community water system provides potable water to this development while individual septic tanks provide sewage disposal. The shoreline along the property is bulkheaded, and years ago, a boat ramp was constructed into Bogue Sound. A pedestrian pier (approximately 370' long) extends into Bogue Sound and was authorized by a general permit in 1991. The area of Bogue Sound in front of the property contains scattered amounts of sea grass vegetation and scattered amounts of oysters and clams. The waters of Bogue Sound adjacent to the property are classified as 'SA' and are onen to the harvesting of shellfish. The applicant is requesting a permit to extend the existing boat ramp waterward and to excavate a turning basin and access channel in Bogue Sound. Also, a finger pier would be constructed parallel to the boat ramp. Excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoil material being pumped to an irregularly shaped dike disposal area. I have reviewed this project for consistency with the 1988 Town of Atlantic Beach Land Use Plan Update and offer the following comments. The general area of the project is classified as 'Transition', while the AECs impacted by the project are classified as 'Conservation'. AECs impacted by the project include the Estuarine Shoreline, Public Trust and Estuarine Waters. Resource Protection Policies contained in the Plan state support for AEC regulations in the Estuarine Shoreline, Public Trust and Estuarine Waters AECs and limits uses to those which are allowed by State standards (Estuarine Shoreline) or are water -dependent (Public Trust and Estuarine Waters). Based on the above land classifications and the above referenced policies, this project appears consistent with the Atlantic Beach Land Use Plan. KBV/dh cc Preston P. Pate, Jr. Charles S. Jones Charles O. Pigott r➢ w' ,.. '144,r!'�FO Pk Ik 8 y93 State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor William W. Cobey, Jr., Secretary November 9, 1992 MEMORANDUM: TO: Dr. William Hogarth, Director Division of Marine Fisheries FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc. Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Roger N. Schecter Director Proposed Project: to extend a boat ramp, excavate a turning basin and access channel and construct a finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 30, 1992. If you have any questions regarding the proposed project, please contact Charles Pigott at 919/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED _ '✓baiYk 295A/,V— DATE //-M 192 P.O. Box 769, 4h,,d City, North Carolina 28557 Telephone 919-726-7021 An Equal Opportunity ABirmadve Action Employer �. aaa NA1F^ y�y rain •OY Q�yo+ State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries P.O. Box 769 • Morehead City, North Carolina 28557-0769 James G. Martin, Governor William W. Cobey, Jr., Secretary TO: JOHN R. PARKER FROM: LINDA MERCER M DATE: JANUARY 6, 1993 SUBJECT: COASTAL MOBILE ESTATES, INC. William T. Hogarth, Director (919) 726-7021 The Division of Marine Fisheries (DMF) objects to the proposed excavation of a boat basin and access channel because it is inconsistent with NCAC 7H .0208(b) (1). According to the field report, the excavation will directly impact approximately 3,000 sq. ft. of seagrass and 13,000 sq. ft. of shellfish bottom. A site visit conducted by DMF confirmed that seagrass, mainly shoalgrass (Halodule wri hg tii, covers a large proportion of the channel proposed to be excavated. The seagrass serves as important habitat for such estuarine organisms as pink shrimp, bay scallops, hard clams, and numerous finfish species, including gag grouper. The waters at the site are classified by the Division of Environmental Management as "SA" and are open to shellfishing. Both oysters and clams were found to be present in the proposed boat basin. Few clams were found in the proposed channel, however, probably because of the predominantly hard sand bottom. Excavation of a boat basin and channel at this site would result in a loss of significant estuarine habitat and resources and could lead to increased pollution due to increased boat use in the basin. LM/csw An Equal Opportunity Affirmative Action Employer 7 42, I/• zo , D 2- a State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director November 12, 1992 ➢ EMOBANDUR TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program k i FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc. Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County. Proposed Project: Extend boatramp, excavate turning basin and access channel and construct a finger pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended \ changes are incorporated. See attached. v This agency objec to the project for reasons described in the attached comments. (J.t Signed Date 2/ i.S n� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer ti ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Chief Major Permits Processing Section FROM: Richard B. Hamilton � "A yf'A� Assistant Director r� DATE: November 25, 1992 SUBJECT: Coastal Mobile Estates, Inc., HWY 58, Bogue Sound, Atlantic Beach, Carteret County, North Carolina. Biologists on the Wildlife Resources Commission staff have reviewed the subject application and are familiar with habitat values of the project area. A site visit was made on November 24, 1992 to assess impacts to fish and wildlife resources. our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to extend an existing boat ramp, construct a finger pier and excavate a turning basin and 340 ft. long access channel in Bogue Sound near Atlantic Beach. Area waters are relatively shallow, approaching -4 ft. MLW approximately 400 ft. from shore, classified 'SA' and open to shellfishing. Substrates are primarily sand/silt. Numerous beds of submerged aquatic vegetation (SAV) occur onsite and oysters are scattered along the shoreline. We do not consider the proposed project site suitable for boat launching from a trailer in the traditional sense. Area waters are too shallow and too biologically productive. Dredging associated with the project would destroy approximately 3,000 sq. ft. of SAV, primary habitat for pink shrimp and scallops and also important as nursery habitat for a host of other shellfish and finfish species. As much as 13,000 sq. ft. of shallow water shellfish bottom could also be adversely impacted by the dredging. These impacts are inconsistent with our Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats and we must therefore recommend permit denial. Thank you for the opportunity to review and comment on this project. If you need to discuss these comments or if you need additional information, please call Bennett Wynne at (919) 522- 9736. cc: Honorable Roy Gerodd Sowers, III District 2 Commissioner Bennett Wynne, District 2 Fisheries Biologist �O �ECE i CCC i4 IV E8 State of North Carolina Department of Environment, Health, and Natural Resources i ) Division of Coastal Management 225 North McDowell Street a Raleigh, North Carolina 27602 James G. Martin, Governor William W. Cobey, Jr., Secretary rl.r.m' • , I November 12, 1992 TO: Ms. Renee Gledhill -Earley Environmental Review Coordinator Division of Archives and History FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Roger N. Schecter Director Applicant: Coastal Mobile Estates, Inc. Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County. Proposed Project: Extend boatramp, excavate turning basin and access channel and construct a finger pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached commen� Signed azz. Z� Date / U P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer 0 North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary December 10, 1992 MEMORANDUM i TO: /John R. Parker, Jr., Chief Major Permits Processing Section Division of Coastal Management, DEHNR Colonel Walter S. Tulloch, District Engineer Army Corps of Engineers, C. ion OfWilmin ton District FROM: David Brook Deputy State Histonrvatficer Division of Archives and History William S. Price, Jr., Director SUBJECT: Coastal Mobile Estates, Inc., NC 58, Bogue Sound, Atlantic Beach, Carteret County, ER 93-7741 We have reviewed the above permit application concerning proposed plans to extend boat ramp, excavate turning basin and access channel, and construct finger pier. Alerted by this information, our staff inspected the project specifications carefully and determined that the dredging for the turning basin and access channel constituted a minor bottom disturbing activity. We, therefore, recommend that no underwater archaeological investigation be conducted in connection with this project. We would like to notify you that this project should be undertaken with caution. If during construction submerged materials are encountered, it is the responsibility of the Army Corps of Engineers -Wilmington District to notify our office immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28, Article 3: Salvage of abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard KimrMvj East Jones Street • Raleigh, North Carolina 27601-2807 `y� RECEIVED � � State of North Carolina epartment of Environment, Health, and Natural Resources ✓` Lr� Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary November 9, 1992 Director MEMORANDUM: D n TO: A. Robert E. Chandler, Director Division of Community Assistance NOV 12 1992 FROM: John R. Parker, Chief DIVISION OF Major Permits Processing Section COASTAL MANAGEM U SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc. Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Proposed Project: to extend a boat ramp, excavate a turning basin and access channel and construct a finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 30, 1992. If you have any questions regarding the proposed project, please contact Charles Pigott at 919/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V � This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE / / / 3 P.O. Box 769, Morehead City, North rolma 28557 Telephone 919-726--1 I An Equal Opportunity Affirmative Action Employer _\� R�-hg�og2 < State of North Carolina �`� Department of Environment, Health, and Natural Resources ZI Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director November 12, 1992 TO: Mr. William G. Marley, Jr., P.E. Assistant Highway Administrator Division of Highways FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc. Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County. Proposed Project: Extend boatramp, excavate turning basin and access channel and construct a finger pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Signed This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency to the project for reasons described in the Date 4%)'7c-' P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer W a ^ /7 t /Vol/C•e�hFU 99 State of North Carolina�� Department of Environment, Health, and Natural Resourc Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor William W. Cobey, Jr., Secretary November 12, 1992 MINDRANDUM TO: Mr. B. Clinton Jobe, Director State Property Office Department of Administration Roger N. Schecter Director a+ \� Fie geNlalet�ce pto4em FROM: John R. Parker, Chief .qb Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc. Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County. Proposed Project: Extend boatramp, excavate turning basin and access channel and construct a finger pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date P.O. Brno 27687, Raleigh, North Carolina 27611-7697 Telephone 919-733-2293 An Equal Opportunity ABlnnatiw Action Employer ajd Co State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor William W. Co Roger' N. Schecter beY, Jr., Secretary November 12, 1992 Director f.tu�,�; TO: Ms. Linda Sewall Deputy Director Division of Environmental Health FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc, Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County. Proposed Project: Extend boatramp, excavate turning basin and access channel and construct a finger pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed e . Date /L/S/y PO. Cox 27697, Raleigh, North Carolina 27611-7697 Telephone 919-733-2293 An Equal Opportunity ANirtnative Amon Employ, I C I DEC 4 1992 a1s:f -+BENT —ems.- - - - — --- MEMO s�9 DATE: ` TO: 'f!!1/tfJCJ SUBJECT: .E.iVEQ:, � Q�iiCr! From: e y � North Carolina Department of Environment, Health, and Natural Resources ftm mn.,M P", aa'srgtu /ta.. ,. •' " i IYECEIVEO C g 1992 State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor November 9, 1992 Roger N. Schecter William W. Cobey, Jr., Secretary Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Chief Major Permits Processing Section IF1'�W 12 DIVISION OF COASTAL MANAGEMEN CAMA/DREDGE & FILL Permit Application Review Coastal Mobile Estates, Inc. Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Proposed Project: to extend a boat ramp, excavate a turning basin and access channel and construct a finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by If you have any questions regarding the proposed project, please contact Charles Pigott at 19/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: "A This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE2-- P.O. B104, Morehead , North Clroli4 28557 Telephone 919-726-7021 An Equal Opportunity Affirmative Action Employer DEC 101992 NOV I6 1992 Dory OF tMAFERiVtSfREgpIy�ES State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor William W. Cobey, Jr., Secretary November 12, 1992 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Coastal Mobile Estates, Inc. Roger N. Schecter Director Project Location: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County. Proposed Project: Extend boatramp, excavate turning basin and access channel and construct a finger pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. '-l?C This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer � 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Coastal Mobile Estates, Inc. 2. LOCATION OF PROJECT SITE: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Photo Index - 1989: 158-7, (J-K 15) 1984: 32-1174 (22 L) State Plane Coordinates - X: 2665600 Y: 354500 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/22/92 10/27/92 10/28/92 Was Applicant Present - NO NO YES (Engineer) 5. PROCESSING PROCEDURE: Application Received - October 28, 1992 [Revised] Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Transition/Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned -NONE (F) Type of Structures: Existing - 139 mobile homes, dock, boat ramp Planned - extend boat ramp, finger pier (G) Estimated Annual Rate of Erosion: -0- Source - bulkhead 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Seagrass [estimate] 3,000 sq. ft. (B) Non -Vegetated Wetlands Shallow Bottom - (turning 13,000 sq. ft. 240 sq. ft. basin & access channel) (C) Other Highground - disposal area 7,500 sq. ft. Open Water - pier 100 sq.ft. (D) Total Area Disturbed: 21,280 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES 8. PROJECT SUMMARY: Extend boat ramp, excavate a turning basin and access channel, construct a finger pier. FIELD INVESTIGATION REPORT COASTAL MOBILE ESTATES, INC., CARTERET COUNTY PAGE k2 9. NARRATIVE DESCRIPTION: The applicant's property consist of an approximately 17 acre tract of land located adjacent to NC Hwy. 58 and Bogue Sound, in the Town of Atlantic Beach, Carteret County. This property has been developed into a 140 space mobile home park. A community water system provides potable water to this development while individual septic tanks provide sewage disposal. The shoreline along the applicant's property is bulkheaded, and years ago, a boat ramp was constructed into Bogue Sound. This ramp terminates approximately 3' waterward of the MHW line and was recently resurfaced. Adjacent to the bulkhead, a 0-15' border of coastal wetlands exist which is vegetated primarily by Svartina alterniflora. An approximately 370' long pedestrian pier extends into Bogue Sound and was authorized by a General Permit in 1991. The area of Bogue Sound in front of this property can be characterized as relatively shallow with water depths approaching -4' MLW approximately 400' seaward of the shoreline. Within this 400' area are scattered amounts of seagrass vegetation growing in a sandy/silt substrate. Scattered amounts of oysters were observed near the shoreline and several clams were handraked during a recent site visit. The waters of Bogue Sound adjacent to the applicant's property are classified as 'SA' and are open to the harvesting of shellfish. The applicant is requesting a permit to extend the existing boat ramp waterward and to excavate a turning basin and access channel in Bogue Sound. The proposed boat ramp is to be approximately 20' long x 12' wide x 6" thick and will terminate in a proposed 50' long x 50' wide (top width) x -4' MLW deep boat basin. An approximately 25' long x 4' wide finger pier would be constructed parallel to the boat ramp. The proposed access channel would extend from the boat basin for a distance of approximately 340' in length x 30' width (top) x -4' MLW deep. Excavation is proposed to be accomplished by the use of a hydraulic dredge with the approximately 1,250 cu. yds. of spoil material being pumped to an irregularly shaped diked disposal area. The applicant's engineer has calculated that the dike would contain approximately 1600 cu. yds. of material. 10. ANTICIPATED IMPACTS: It is estimated that the proposed excavation will directly impact approximately 3,000 sq. ft. of sea grass vegetation and potentially 13,000 sq. ft. of shellfish bottom. This, however, must be confirmed by an appropriate survey which has not been done as of this date. The approximately 1,250 cu. yds. of primarily sand/silt material to be excavated would be placed in a diked disposal area which should be adequate with property monitoring. Additionally, the boat ramp construction would cause approximately 240 sq. ft. of bottom area below the MHW line to be filled with approximately 4 cu. yds. of concrete. PREPARED BY: CHARLES O. PIGOTT DATE: November 9, 1992 W IN Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stornwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name John P. McLean, Agent 101 Manatee Street City Cape Carteret Stare N.C. yip 28584 Dayphone919-393-2129 Landowner or X Authorized agent b. Project name (if an ) Coastal Mobile Estates c. If the applicant is not the landowner, also give the owner's name and address. Coastal Mobile Estates. Inc. % Thomas F. Adams, Jr. P.O. Box 19764 Raleigh, N.C. 27619 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number Mobile Drive @ Bogue Sound b. City, town, community, or landmark Atlantic Beach c. County Carteret d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project Bogue Sound 3 DESCRIPTION AND PLANNED USE If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance of existing channel c. Will the project be for community, private, or commercial use? Private, Coastal Mobile Estates has approximately 139 private residences. d. Describe the planned use of the project. Channel will accommodate boat traffir from shore o Bogue Sound 4 LAND AND WATER CHARACTERISTICS a. Sizeofentirettact 350' wide by 2.100' long b. Size of individual lot(s)_5,000 SF to 8,000 SF c. Elevation of tract above mean sea level or National Geodetic Vertical Datum + 6' MSL to + 20' MSL overall d. Soil type(s) and texture(s) of tract Sandy soil e. Vegetation on tract native grasses f. Man-made features now on tract mobile homes and associated improvements (drives et, g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) _v Conservation ✓Transitional _ _Developed _ Community _Rural _Other h. How is the tract zoned by local government? OF PROPOSED PROJECT i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j, Has a professional archaeological survey been example, building a hdme, motel, marina, bulkhead, cariedo t�forthe rct�? N o If so, by whom? n or pier). ma;rreance excavation _approximately 1250 cubic yards +/- r- 12/89 OCT 2 6 IM T1 uuc:-�i__,L, urU 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. There is no development planned since the area is developed. a. Type and number of buildings, facilities, or In, structuresproposed Not Applicable n, b. Number of lots or parcels Not Applicable c. Density (Give the number of residential units and the units per acre.) Not Applicable d. Size of area to be graded or disturbed 2/10 acre for disposal site and extension of ram (20 feet+/—) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? No, Not Applicable Water supply source Town of Atlantic Beach If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. Not Applicable o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? Not Applicable 6 EXCAVATION AND FILL INFORMATION f. Give the percentage of the tract within 75 feet of a. Describe below the purpose of proposed excavation mean high water to be covered by impermeable or fill activities (excluding bulkheads, which are surfaces, such as pavement, buildings, rooftops. covered in Section 7). Not Applicable Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) 350' 30' 1 2, 5' concrete for ramp extension (20'+/—) 1 1 averag Boat basin 1 50' 1 50' 3' h. If applicable, has a stormwater management plan Other (break - been submitted to the Division of Environmental water, pier, Management? N o boat ramp, Not Applicable rockjetty) i. Describe proposed sewage disposal and/or waste water treatment facilities. Fill placed in Existing septic tanks systems for wetland orbelow existing residences. MHW j. Have these facilities received state or local approval? Upland fill Yes, old construction, not new areas construction k. Describe existing treatment facilities. individual septic systems 1. Describe location and type of discharges tq waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). runoff from existing streets and mobile homes O MMII �n . b. Amount of material to be excavated from below water level in cubic yards 19250cubic yards +/— c. Type of material S A n d d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in 2 2 6 1992 i; f. Dimensions of snoil disposal area IRREG ULAR (�o' x 15dt ) g. Location of spoil disposal area A d i a c e n t t o 3ogue Sound - see sketch h. Do you claim title to the disposal area? Y e s If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Yes If so, where? Samp cirp in f"rurp c. Shoreline erosion during preceding 12 months, in feet Nor Apnlirahl e d. Type of bulkhead material Not Applicable e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material _ CLItNCRETM_Fo1Z QAMQ 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow - swamps, or water areas? Nn ing items must be submitted: k. (5 CY). m. n. Will the fill material be placed below mean high A copy of the deed (with state application only) or other water? Yes, concrete ramp (s e c t i o n Instrument under which the applicant claims title to the Amount of fill in cubic yards 12' x 20' x 6" affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the Type of fill material concrete poured deed or other instrument under which the owner claims commercial m m e r c i a l source title, plus written permission from the owner to carry out Source of fill material the project. o. Will fill material be placed on marsh or other wetlands? Only the portion of ramp. p. Dimensions of the wetland to be filled 12' x 20' section north of ramp. q. How will excavated or fill material be kept on site and erosion controlled? Diked area will provide an area of storage of the excavate material. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge, small .,"dozer, dump trucks & back hoe s. Will wetlands be crossed in transporting equipment to project site? NN o If yes, explain steps that will be taken to lessen environmental impacts. Not Applicable 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap None on this b. Average distance waterward of mean high water or normal water level Not Applicable An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency'personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. N / A A list of the names and complete addresses of the adjacent waterfront(riparian)landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of b . that opportunity. n17 f 117,. r""'— -� OCT 2 6 1992 SEP 1 8 1992 hI 1289 uut_7l"L:JU Ut -- . J Name William D. MUnden, Jr. Address P.O. Box 69 Morehead City, N.C. 28557 Name John T. Flynn Address o x Atlantic Beach. N.C. 28512 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perminee, and issuing dates. Bulkhead & Pier permit ,C.RR14 (work completed summer 92) A check for $100 made payable to the Department of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. Not Applicable A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Not Applicable 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project This is the SE tember 1992. X L d wner or Authorized agent ohn P. McLean, Agent OCT 2 S 1992 j 12/89 O N l u B L 21 TE CARTERET COUNTY NORTH CAROLING EREEARID EY THE NORTH CAROLINA DEPARTMENT Of TRANSPORTATION DIVISION OF HIGHWAYS -PLANNING AND RESEARCH BRANCH M COGnunON WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISIKATION SCALE 1 D 1 __ S IIMES D D.3 1 MII! SCAB FOR ENLARGEMENTS I rOCT 2 6 1992 CC fNq V 0 G Pil.e- �2_ C 0 d .................:............Willie Lerdin{ j b�► I �t° 4ed�,oIce Mile i o � R fITE 0 � , � '� `you= � 'r~ � .. `' i ` :• _,•J' .. i, �• � L� _ 9./�.1._.I� - N"IfYYt� :!e�, R�"Rs rJ �� �,. ;il� F1�n 2 6 uu 1 MANSFIELD, N. C. (FORMERLY PELTIER CREEK) N 3437.5—W 7645/7.5 EDITION OF 1951 PHOTOREVISED 1971 AMS 5653 III NE —SERIES V942 Ir bUreWbib aV .1-aJ L'aw Raw �Rd rrv�l�w�r vva�vd zb-82-a1 �.>,pnvJ 1�xa1,�� ::o DLLpvu7 531.Qxi 371Q0VY 1015V07 �IVI15fX =10 DNOC MbQ I �--o—/3lva C13SIA38 ��rivrr�n aw �dood o - Lv 3xIa gNlglln9 S3a,3-L -_�3rld Z ��no �nowM� 31DN m J /Pi *JUS110 1(M Wn ,19901 A-dm6tlW ��rl� Szx o + 00-1 rlvla�t Q1 3yllQ �dvl-IS 1,1�21v��9�b�jl ,51 rviolf�l�o yod �a��� AN +,68 c GI RON3V -iv(,,i:)v Valli +,8' I c 110M*Sdf\ Ww ra a3r,VcA -1-" r TtOLUM 13 VAx i `7jW1S17� ervv� •�r+� 9n�lsa� 9 bt .,1 fir ZI S82 7(� 4j 7v3g -JW'Vlid' G85 V4 Od nNAi� 1 PIHW iSV3 g Napmo �.L.J7 (7?:W faV d Wvt; LS52z �IlF�X3 7N'J,11� av3µ3boW xog vd _ Nn w'a wv nllfYl -V,3M Q13 N My 1\Z-MQ`Id-LN37G(II11 1,a S+ WMji 5;1 av3I-v-70a ,__� 9NIly�X3 g ` NQlWIJ:X3 dwvA 7NoJ oZxzl Q�Scao`yd g _ � os'A � 435C�Q?J� <u Z 'h It* (M7W) 1;i.Ld3Q 9IvL1.SIX3 z�"b }05V = Saav-J\ ardnD -T11QL da3a , 9, x { 9NQ-1o5x --4aIM + r+lsaa �f +If I�Snl nasodal -Isa + �NOn�05F -_--UIrn�oe7 rIo►lWVJfj i an nos ���ag 7N I1a2lslsv7 ail:) Lzl,�-,.Lrc 3j'i(vJi)Wdl 26-w-01 1%1tIOO� lat-aLbv0 --;)T4 ` tr.YVa-ALtiyl.LV S301s5 311SM 7115VO) �Q3 7imm N3V # cD�19C 3%4 7)vKl44lvh (3360doAd C� •�f � -� 31Yq, C13SIA38 ov�N��cka �N �!T 't-WMtt (nnisld -LON 00) JJAI //�� Qvw 11 J# -,j3cjNl_j �.SZx•D a3sodv�y s�3�r� a31v3�, 11v5 'lL�1 y'4 gx2 / a 31�i3?1111'��r`I�d •4 O �l x Z � s9rll)4 C31V31L 11VS tiouywKaa S'L vla'rIwo9 - jf0"9-LX3 dw� -31.���a �NutilXa �v p a o 0 . n naz' �! d&v21N��tilX:5 �wMH �a �yp1173s + , :W\Qmt t �IQtLvl V)(3 4- 0 � �1 0)17AV l ar�45 3��c� 3,nxlr L., J.VMJ.aA- 47AaW3?l 35! Ql- JWVA 9DUSIX3 o' `JN�ISIX3 � EEK16TIN6 FJQfw F>zo,� �/GKIE54 MAX. i t Z CRo55 SECTio�1 �� MAW C+AMOEL Ids i Ta 614LF A- A �r'" OCT 2 6 IM M MAP -A GIvA55 F.K1"Wf oomm 2' iED LPXJf17�M CRD55 scC_Tlot 1 ov TUKt\ IOG �EI,TIDIV �' YkOPMED MAINTENAUL?=-' �ZELYiIN6 of EXlSr�nlG CNAr.IN e L C6A5TA L N MILE e6TATES ATLANTIC 13EAGN � F.1G CORrEk�T cou�lT lo•zi-9Z B'rS � PM°LEA►.I PE. cePE CART�P�� ?J[6(t11 TI-393-ZZ)1 (p or$ a" DIA DV EQFLO U-) PIPE d i SETiI.INC� c''E✓a�����. TYPI CdL— OVtl1�FLOb.1 2x4 cyv- QX/. bF-: c1u �G (b-4 PENT \ SALT Mc.A 2x G ( 2 ErecA KEW DABLfl 2Y (c, PLNNK ,c)iKe�- tkT- Ta SLALE 8!" S'5 .LT TVaL - u ( , C�) 2X8 5r-�z.iaGERs (o,4 -z,4LT TmnmD) OCT 2 6 1922 1 TEI/tPDIZ1�R`f' �I�-dFf f IEP� DG1AIL`J DET, .Iu5 roK fwf�'��p I mP/1fJvc &l , rvK noA%Ab M001W r`SV M:> AIIANT16 1?VC14 , n!G �2�E7�T e-&Wrr 9-21- �PMc�EntJ � �q3-zrz9 11-16-92 13:34 WB MCLEAN ESTATES 412 F02 L.aNGT-I = 50 Tn teOltl MJ I D`T1i � 20 Yv (oa t F4 ►+ I a1Kff R ADVA51E bbOL 15 -tD ADJVV r-trxY LEVEL of WATEK I 5 -� •of OKI&VAAL �UKFUAZ � r -��-/�• (DACE � cGAVATED AREA/ FoFC/ SPpllr vr5c►&SZ&F el PE , �/` � %1' /��DIK&'i MALL 9E LEVELED AFTESL THROU69 DIKe SMIL DILI£S . TYf ICOt_ DETAIL"D -- ,'"�N NOV 16 992 .Lail � EAZT)4E:F-Q / a 1►caG �--� T)lr,mr OVEF-;:Low PIPE bowel V thm? � 2 3� D15L►�/1P.G�. WIPE bETI�IL�7 NoN��o� aal"Tv 5<dLE 19 � 9? SCALE 16%+ 60 gI.4(-►c ar- ea FAD"F-D MAINTEOWCE DRE[X N64 of e0rfWG cg&V40 mu COASTAL "COI LE 501'r ATLANTIC MA04I NG C4K-rcKEr (DUUT`* 111-o9 f) is JpMCLEA►J, fE ?RDPMG-D M1I,hEWEI E><cAv�TIo1J ! MPO"J D T0?-t oJ(- PA,S1tA X � `DIELP 'izrl n, c��Fs� �AQU`j = f250�' 4' _... .A p.b , PRGf�SCD <, TAR NIMC� BATJAV ' (VlrAPAK :' ►(' pRO(�SED ON r 2x20 COOL . j RAMP EXTE00" JJ V n1151i`.rIt ilh�ri.. 1 '6 Rix AoRefl D CITY,IIC 6�n,��5�'�t . 7 IF, 5S7 HOME AC)JACf.fJT" F1'.nfl..Ft r �u� iJ�n e rid �i r ~tlrJ �. r I Y��1rJ • MATCO 0 400' 12.4' __ _ 6fLISTIrJ6 12X.Q•D 2 e' A Ls' 1 r' E. 0alod5 pjZE: N,%t> olk MLW . 71DE \iwimlfoll = :t- I IS'_- McQ5UReD IZ-11-1 z by C9M, PIGOTT' d J WLEW Rev Ihzz-53 FXJ51fNFa c;; WICE`` PIfR ACt VA,- LEIJG-�lii I✓ 4-'Y-25 FINGER fim (5E8 t7E"rNL) MASONRY RJBBLE. __ F�C1511N(� [o NL. RAArP jz�- For. Olrr—p-RD V + 4 (.A' (SEC- DGTAIL) II�RE6ULAjZ1L`( �jNAPE DIKE TO R�7nrN 1(000 G i o � ° FRorzED MAtI-11L?1/+x10E - M4R'�4 6Rl�.fi llo cw Aor Df`'iNgs) my REv: I -zz-ti3 0 r O H6TE : KEMoVE 0130 U4IETl BUI(,DItJG DI l LWF-O,W(,- OF �-XJ5TING GN �� tJ el-• CMs,Al- �e-rEev l,T, n,� ,rc ar:ec�1 Ne 5cnLe I" Go' PrRertmx) pMc.Lf-nAQ Pr✓' ri r'j,'" rA R'"rr. r r rJG 9 F1.393 JOHN P. MCLEAN ENGINEERING ASSOCIATES 106 Manatee Street January 22, 1993 Cape Carteret, N.C. 28584 Tel: 919-393-2219 Mr. Charles Pigott Fax: 919-393-2463 Office of Coastal Management P.O. Box 769 Morehead City, North Carolina 28557 Re: Coastal Mobile Estates Carteret County, N.C. Dear Mr. Pigott, In accordance with the "water work" which you and I accomplished in Bogue Sound at the site of the Coastal Mobile Estates proposed dredging project, I have altered the depths shown on the attached drawing. Please take whatever steps are necessary to ensure that you agree with the new depths shown, and all review agencies receive the revised sheet. Sincerely, D:cLean, F.E. cc: Tom Adams State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director December 4, 1992 MEMORANDUM TO: Secretary Cobey Edythe McKinney FROM: Roger Schecter SUBJECT: CAMA Major Permit Application (Thomas F. Adams, Jr.) Coastal Mobile Estates, Inc. I understand that Mr. Thomas Adams called Thursday December 4 to request a meeting with Secretary Cobey to discuss his CAMA permit application for a project in Atlantic Beach (Bogue Sound). Attached is a copy of the application and a field report from the DCM Morehead City office. The permit application is in the early stages of review by state and federal agency review. Only three of the agencies have commented so far, with no objections. None of the natural resource agencies have commented, nor has the Corps. However, because the proposal calls for dredging 3,000 square feet of seagrass beds and 13,000 sq. ft. of potential shellfish bottom, DCM anticipates 5 to 6 objections from agency comments. We anticipate action on the permit request in January 1993. (The first 75 days of permit review ends January 11.) I will be happy to discuss the project with you and Mr. Adams at your convenience. Attachment. cc: Pres Pate Charles Jones John Parker bedsproject for a CAMA major permit P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer MEMO TO rip. DATE: Air Y .9 2 SUBJECT: 77 FlIAt /jam /J %/ Cz•-V1�ed/ \7Z., rp y / �'1/,yy � .�0 LN4ih� /! %ZtpG�' LV/ / /%b rl� /✓�r�/J/e7'/w/�/1C 'rdPa^o[/!/ // �J��/� mod' U/cv,.�.��U�G!/,/h-'+3!' Jew• . //Va+ le .l�rl'"4 Q vUlvar���� 71 From: k?W `- North Carolina Department of Environment, Health and Natural Resources � �l Printed on Rerycle0 Paper u> ` J 1i� L.� O J , J �af �� �. � ��% // W � 2-co � �� � p J_.. OCT 2 6 1992 JOHN P. MCLEAN ENGINEERING ASSOCIATES L7LJ LIU October 22, 1992 106 Manatee Street Cape Carteret, N.C. 28584 Mr. Charles Pigott Tel: 919-393-2219 Office of Coastal Management Fax: 919-393-2563 P.O. Box 769 Morehead City, N.C. 28557 RE: CAMA Permit Application Coastal Mobile Estates Dear Charles, I have revised the application and drawings earlier submitted and trust you will find everything satisfactory. Sincerely, ., P.E. JOHN P. MCLEAN ENGINEERING ASSOCIATES October 21, 1992 Mr. Lloyd Wood, Building Inspector 125 West Fort Macon Road Atlantic Beach, N.C. 28512 Re: Maritime Forest ordinance Coastal Mobile Estates Dear Lloyd, 106 Manatee Street Cape Carteret, N.C. 28584 Tel: 919-393-2219 Fax: 919-393-2563 After our visit to the site of the proposed dredge and fill project on Coastal Mobile Estate property at Bogue Sound, I have revised the drawing to reflect saving all but two pine trees with the proposed diked area. I suspect we will want to move some of the material near the sound to a field south of the proposed diked area on our project (approximately 1,000 feet away) but of course that will not mean disturbing any of the trees on the site. By copy of this letter I am advising Charles Pigott (Office of Coastal Management) that you and I have satisfied any concerns on behalf of the Atlantic Beach ordinances. Thank you for meeting me on the site and I look forward to seeing this project completed within the next several months. Sincerely, J8 P. McLean D IL nclosure: revised drawing ,showing changed diked area OCT 2 6 1992 LSLLJ li "�'li6 JOHN P. McLEAN ENGINEERING ASSOCIATES September 25, 1992 Mr. Charles Pigott office of Coastal Management P.O. Box 7E.? Morehead Ci ty, rd.C. 2,0557 Pe: LAMA permit application Coastal Mobile Estates Dear Mr. Pigott, 101 MANATEE STREET CAPE CARTERET SWANSBORO, NC 28584 919-39)-2129 LSF2,91 1992 ; Enclo=.ed with this correspondence ;:ou viiII find a revised set of dravlings which reflect the addition of a finger pier (temporary tie -off), boat ramp extension and maintenance dredging of a channel for Coastal Mobile Estates which you and I discussed recently. Please continue your review,, and call if there are questions you have. Sincerely, a� r,P. McLean, P.E. enclosure: dray.,ings application check ($ 250.00) registered mailings authorization letter deed copy cc: Tom Adams MUNICIPAL AND SUBDIVISION LAND DEVELOPMENT PLANNING WATER SYSTEM DESIGN SURVEYING TOPOGRAPHY 1�jIII' JAN 2 5 1993 JOHN P. MCLEAN ENGINEERING ASSOCIATES 111. - ... 106 Manatee Street January 22, 1993 Cape Carteret, N.C. 28584 Tel: 919-393-2219 Mr. Charles Pigott Fax: 919-393-2463 Office of Coastal Management P.O. Box 769 Morehead City, North Carolina 28557 Re: Coastal Mobile Estates Carteret County, N.C. Dear Mr. Pigott, In accordance with the "water work" which you and I accomplished in Bogue Sound at the site of the Coastal Mobile Estates proposed dredging project, I have altered the depths shown on the attached drawing. Please take whatever steps are necessary to ensure that you agree with the new depths shown, and all review agencies receive the revised sheet. Sincerely, P. McLean, P.E. cc: Tom Adams . -i �. t 6060- 6,ov) Qc) MATC4 ` EXI5711.1r� U�PTi•a �� 2.4' EICISTNJb 12x4.4 z.i 2.0' -A E1,OV1045 pJZE EWlb r1 pbh[D M1)11� dAFkE 015 MLW . T1PE UCAv&T1oll va�►trioa = x t.8'h 1.i Ls µ�A5"ED IZ-21-9 Z 30 UJIM-.s5olLoa( + I 6r ca". P160ir d J.M,,MEAL) DEPfki AJEPAG6 = 25 * 'Rev1-tz-g3 MPOWD TORtJi WQ gb c 1i 1 110 50 wiDF- ,c.SU LoW(s } - A 3 ` DEEP ')i1TAl. CvFSL' YAP.OS = 1250± 05 �i to VXJsii1G GWIm AcTvol LW6T3 C? �1 PRL7FV5ED Q �, 4- Y 25 F, oc_l F_ 5ox So i.t 11' flF z (sue VSfA1L) WX TAPE FZ 41 MA�on1RY JZJBBLE P OR "F-D -� 0.8 + 0.4' 12x2o cow, RAMP EXi'E:06N .� , �. g 114RZi%fcq�fi o.e' e � CR7 rbr DKNRB� 41WM7 + 60064ehD I61awM + S. An]ac�r�r Fw�f�t�`r I Sul N E R � kJE`11�• I,U1Lu AM b. M 0llfr_1�,7i Po F3ox MoRL OM CITY VxeTLw. • zSSS7 fVlo9RE HOMt ADJAC01- PRDPERTY CtUIkR S EAST MrI +•JAN251993 NC-Z'517. is: *_ 4_'�_ ex ,TING LONG ROMP r� �mer Per: OVERFLOW +(,.O` (SEE DETAIL) IRRErW)r_aRu_kf SNAP DIKE To RFTAIN 0 f% O NOTE tiZEMOVi; o N t.Y 2 Ploe 7REg5 O UNETI BUILDWG DIW I Coop eY t o PROPO� D MALN-fEi�lAt�IGF= -- ROApwQY REy� I-zz-�'3 DREDC,lMG OF r=MSr1NG C6A5r0I_ McBi1F- E1rAT♦=5 ,&TtA -vc meh,-4 NC cdRTr—FF7 ceudYY ►o_zS-qz PiZeme D : JPMca-Awl PE _a.. _...._. _ _ _ � ---_ _... _.. n.. _ . _ ._ ._...,_. r.,..,�,. _ .... _._. _, S k .y �1• �S y rJ r l y,�.• G1 i i i •�, Y, v n�y� e�qt , J}',i -il. it q�.<G 4 ••i ..� e S ,S�� c i�i Y•YMy� �J Of �'tl � t t � ) r \'i J t \ ^ � x+•. I I 7 r f ] ,• M�1 'ib - [�h ,�Yy "iy'�> 0.���!'��'! i L•iJ_r t �';TYS j ��.• 1) ht°^.e: ��.;r: r; +� ��i.Fyr �• {.%,'tl tr4 �'t •. _. rW \InYI}y. h .n, `P ni'1A (/};ft •� 3.Y [' y. �!e<5..y'I{ ' •t F•V y � {( f. \(. iJ •f , IJy ty ni 'y' ��}rG1�`it •� ^ r,: t x w. r.' .: y. -Ji iK t 4 3 ,,ST i • j;>. , 1 A 1 �t�r � v q. f.;f,f '- \., L _ v�' T'T v r, �i� G {�+ �TGr �`� FI q ,{. a !a •�, P .; 7. dn, � .s`�' S� t x t� t'e, it�t.VVGVVGLL��.. r Gll,.. • } t r•. !• �>'',:sa } ' �M1'.f+r Ws. t [- � � ' rr J,r \ 7�t F { a t' •1 t ..,`�.< v i"' j isf. l�Lt -( r! t 1 :G 1 -i<•/ s \i it ITS ,T,�wp, i li.�i P 17.r',yJ '>' •�' ' r[ t x x 4 t Iv , t r n R ri>' a " ri , 71 flry♦ t� } �',. {JS1 Y � t��• .' y Y a'''Ii1 M •�...i0.•�'Ht'�'� i' s . / N <' i t r. " 15`"� yn 1�.1 a t was �.. ' •' ,�• 1 �l£t"'Yz'n f � 11 .e � P,� 3 ,.*„ '•, j F" yr 1 k u '�&y��b<a ^k ri r''}y �y i w �.'1`° 4t .} i > ,. ', i :.n, i• +' t`i'�'�?tlriVr,Y �l d. i,f e �pf�, _ A , ` �'.Ar_gf.� ; r ? i�<r;ti1•'{ ' J"r i tv M \, t a�.v, V 41-1 1a^.etC-'J.r 1. ' C;�;F . a1' �' 1 ' / d P• 'r �r . ay t - 9�A�. ' , ,'S � t a' • I ; ' I 1 � + v` '•»1 sir i .. ��. ........ . .. ........ -be-)-j-t -I r _ Ate. F �► - r w = -At , �cr ' -*-ii.—.a.w.�'-.-_...��►'�Y��• i�►�r►, � � - _ ��—�. '..LYE y: v'• S... `-`_• J • ;:,jMk, 1, 6 V.-T'Arz". I- , -40 Ad tt I I I r \ . February 12, 1993 Division of Coastal Management P. O. Box 769 Morehead City, NC 28557 RE: Coastal Estates Mobile Home Park Gentlemen: Pursuant to our meeting of this date, I wish to request that the CAMA Permit Application by Coastal Estates, Inc. be placed 'on hold' until further notice. If you have any questions concerning this matter, please contact me. ;incerel % �G Tom Adams, Executor for Coastal Estates, Inc. TA/dh i Az )General ADJACENT RIPARIAN LANDOWNERS STATEMENT Statute 113-229 requires that riparian landowners with property adjoining a proposed excavation and/or fill project be given thirty (30) days in which to comment on the project. This form allows the adjacent riparian landowner to express either: (1) That he objects to the project; or, (2) That he does not object and desires to waive his right to the 30-day period so that the processing of the application can progress more rapidly. Of course, the adjacent riparian landowner need not sign this form at all if he so chooses,.. am an adjacent riparian property owner and have seen & co yLof the application submitted by /*1k, `�o �i I cr dated 19_, wherein said applicant requests a permit to excavate, fill, or otherwise alter the land or water adjacent to my property. / I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and comments are attached. Signature of Adjacent Riparian Landowner DATE • / —/,- 7, FORWARD COMMENTS TO: Division of Coastal Management P. O. Box 27687 Raleigh, NC 27611 JOHN P. MCLEAN ENGINEERING ASSOCIATES i 101 MANATEE STREET CAPE CARTERET -4 r SWANSBORO, NC 26184 Suplemlcer 22, 1992 919.797.2129 Mr. William Mundun, Jr. P. O. Box 69 Morehead CILy, NC 28557 Ito: coa6lIII Moll le 1!ntalen Permit Appllc:Bllon Dear Mr. Munden, This letter Is being sent via regisLered mailing in pecoidanc:e wlI.h CAMA dIrectIves .I.o permll you to respond If you wlah to Lho request of Coastal Molt llo Ira I. itIes to perform wit lIII enance drudging In Hogue Sound. My earlier letter wan not sufflclenLly registered. Sincerely, ?Jfhn P. McLean Ion ore: Sketch L . I �OCT p U 1.7'94 MUNICIPAL AND SUBDIVISION LAND DEVELOPMENT PLANNING WATER SYSTEM DESIGN SURVEYING TOPOGRAPHY JOHN P. MCLEAN ENGINURING ASSOCIATES I 101 MANATEE STREET CAPE CARTERET SWANSBORO, NC 28f84 September 22, 11192 919-393-2129 Mr. John T. Flynn. P. Q. flux 584 Atlantic Boach, NC 28512 No:. ("oilal11I Mobile rstaIes Permit Appl lc:anon Doar Mr. Flynn, This lollor Is being sent via registered mailing In accordance with CAMA directives to permit you to respond If you wish to the request c•f Coastal Moblle Estates to perform maintenance drodging In Vogue Sound. My earlier letter was not sufficiently registered. Sincerely, P�& Joh P. McLean , I' closure: Sketch Cu C .f '" ic-",4: uLuLJ �! Li II MUNICIPAL AND SUBDIVISION LAND DEVELOPMENT PLANNING WATER SYSTEM DESIGN SURVEYING TOPOGRAPHY P 527 994 611 RECEIPT FOR CERTIFIED MAIL No INSURANCE COVERAGE PROVIDED NOT loll INTERNATIONAL MAIL (See Roverso) y 8e D 1 end 21P do Postage { Z A Carllhod Foe e 00 Special Delivery Fso Remitted Detivary Fos Return Receipt allowing to whom and Dale Ddwulad 1 v I)U d q A t!ur *,or e n to whom. Del • ee o alwery T an nMr Rik n� 0 a u u7 P 527 994 610 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL ISO@ Roversa) u el rho No r, P Slete ago ZIP CO&I ry L Postage { Csrllhed Fas /•E U .SPebal Dalwmy Foe Reehtlud Delivery Fee Return Tleceipt showing to whom and Dale Dobveled /• V Relw nq LI whom fU Atldrem Del,vory PoJiwve j N { POP I,6 �o �N t315 OCT 2 G 1392 .«Oa. .ewaA A. .Ow .xn.x..,.,aw A. ..........., .1xo.caA.,.m AU.. I.., wA« . .. xP.[xAw w ea,• x«xx A. wnax CA.. ..I K. o« ...r. pC ... ... .A, A. nx uwYw v' K 1A. ' Avi ex ,eCMx[.T p[va«eJl«wfol, xwC M.[a CoO Dx ..a .. ortn., A. uoa,o. n -1U.14. o...,.. .,�...A.C... .. • w« ..a ..m , . RAI LLS 111.�. A. w A..IavO.o.CCAUL[. ;'m .P.....xw .ax ;o;;:;..,:�... 1. MAU PIN TAYLOR ELLIS & ADAMS, P.A. ATTORNEYS AT LAW 3200 BEECHLEAF COURT RALEIGH, NORTH CAROLINA 27604-1064 TELEPHONE (9191 981-4000 September 9, 1992 Mr. Charles O. Pigott Coastal Management Field Representative Division of Coastal Management P. O. Box 769 Morehead, City, North Carolina 28557 o 9 1992 LT(�V L`iff Ef L ULOA I NAILINR RALCOM. NORTH C AROLI ER 21019 9)p4 mcrwK 40191 981-4300 WAfNINOTON OIIIC[ IIJO CONNECTICUT AVENUE, N.W., SUITE )SO WASNINGTO N, O-C. 2003e-3904 TCLCIA%1202, 467-8558 TELEPHONE 12021 429-p910 ROCK HILL OrIICE 44B LAKESHORE PARKWAY, SUITE 200 ROCK HILL, SOUTH CAROLINA 20730.4264 TELErA% 18031 3244093 TELEPHONE IBOJI J24-BIIB fi , I 1wC vuHecw OCTC'' 981-4005 RE: Application of Coastal Mobile Estates, Inc. for maintenance dredging of channel extending into Bogue Sound from the existing boat ramp in Coastal Mobile Park Dear Mr. Pigott: The owner of Coastal Mobile Park is Coastal Mobile Estates, Inc. and all of the stock of this corporation is owned by the estate of Dr. Paul Fitzgerald, Jr. Dr. Fitzgerald died in 1991 16nd appointed as co -executors and trustees of his estate his accountant, Mr. Alton E. Howard and his attorney, Thomas F. Adams, Jr. In making improvements to Coastal Mobile Park we have employed the services of Mr. John P. McLean, engineer, and we have authorized Mr. McLean to make an application on behalf of Coastal Mobile Estates, Inc. for a permit to perform maintenance LPL__ i i September 9, 1992 Page 2 dredging of a boat channel extending into Bogue Sound from the existing boat ramp in Coastal Mobile Park. Very u yours, Thomas F. Adams, Jr. lbm/1260813b , State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary November 9, 1992 Director Mr. Thomas F. Adams, Jr. COASTAL MOBILE ESTATES, INC. P. O. Box 19764 Raleigh, NC 27619 Dear Mr. Adams: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off Highway 58, on Bogue Sound, at Atlantic Beach, in Carteret County. It was received on October 28, 1992 , and appears to be adequate for processing at this time. The projected deadline for making a decision is January 12, 1993. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any P.O Box 769, Morehead City, North Carolina 28557 Telephone 919-7267021 An Equal Opportunity AHirrnative Action Employer November 9, 1992 Page k2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, Charles O. Pigott Field Representative COP/dh Enclosure cc: John Parker Charles S. Jones December 8, 1992 From: M.. J. Gaudioso j DEC 1 9 1992 t 702 Bridges St. II Morehead City, N.C. 28557 ---------- To: Appropriate C.A.M.A. Official Div. of Coastal Mgt. P.O. Box 769 Morehead City, N.C. 28557 Ref: Pending Dredging Project at Coastal Mobile Estate Atlantic Bch. N.C. �y Dear Sir, � -�- V I am alarmed that you are considering granting a p mit for the above mentioned project. I am absolutely op- l posed to it and want to officially go "on the record" as such. The enclosure pinpoints submerged salt water grasses that will be destroyed if the dredging is allowed. The person who took that data is a licensed general contractor and an engineering graduate of the U.S. Air Force Academy In Colorado Springs, Colorado. I flew with him as a pilot in the U.S.M.C. In short, he knows precisely what he is doing and this data should be regarded as highly reliable. I am also aware of clam beds in that same proposed channel area. Mr. Schlaefer also knows where they are. He is of the same opinion as myself concerning this issue, but he has not come forward because, as a local businessman, he is concerned about the dangers of producing "hard feelings" In a small community. He is also concerned about what he feels is the long vindictive reach of the law firm that represents the applicant. In other words, he is loathe to come forward and speak against this application unless he is asked by an official who is considering its merits. Therefore, I am asking you to ask him about it. At the very least, ask him about the enclosed document he produced. I am a pilot with considerable obligations out of the country, even though I am an official property -owning, tax -paying resident of Carteret County. In addition to my residence, indicated above, I own the rental property next door at 700 Bridges St. and a condo on Atlantic Beach. However, I would appreciate it if you would contact me, if needed, at my friend's mailing address. He forwards mail to me much more reliably than the U.S.P.S. 41J.1 9 _ '.:1 �� ff)�A . 'I, 1 _. �t;l .,�. �?F 1• Fr�. .F n It �".. i ,. ,, •at.. 't. .. 1 r' 1 'Ui '4U Tf:a 1 J pc F641 il� }: r]•Il t.. :1�1'! .!I.:{ ..} i`']'lU:_ f` (t.: il: � "1f. ( } :i _ J i �l'`Pi:• '''tI!F,T Ctfry l'. t, - •� i6d7x-lf-y fL' &. .-• llyM Tt.� i y. l:l ]iJr ;Al 07'E,C: 6Ub r 1..1.9, .0 17 11 n tE �i c lL3- lut, C.: , M 2. r t DEC Y 8 1992 That address is: M.J. Gaudioso C/O R.K. Schlaefer P.O. Box 1260 Atlantic Beach, N.C. 28512 Please do not ignore me on this issue. It is impor- tant to me. There was a channel at the proposed dredging site 20 plus years ago. It has long since ceased to exist. Dredg- ing there now would do considerable wetlands and environ- mental damage. Please don't let them do it. g^i`nceerre^ly, 3_ 9u-14-1-no rA_-- Matteo J. Gaudioso t, s ' r r sy. Ng'Tpso V 03;lgrogo ) -' n h' N' V Uc:GI� L ws.lrrJ yw�a, 6Js9=b go�rF 7�€ tu« 90 ju8 j.juxG 11o^ jtotgq go rou* q..L9.pjG M6F]quga S,ijq'oii+' • AJl7.:' ?,G'��� 4dk'l IF }J92 JOUd 2jkV-16 G%926q 'j:0 T6�' DLGcq,l- M�l2:. 'i C: j1 :7U1/5-! 94� f.pr, `iSL of)oBGq grltq U y `y(T�6 'irP .' i '�'#'j►�4� bY/b a A V4pTgL?ff ,'V6'aGy' .y•gd E,'O -P4) 'J:ep t.y i k'A ,�jl�r vggza�:. ?ar w••; G9nnToao _:.. (zXIE i ,1 S/�,... Z g L 33 '' I .. x3 x9 >S xG� E x9 ® x t xi�:�xlS ®uY XIS, xrb �LX2- 8 -- -- — — • - - P 3� _ _:+%r4-c-R"AL—;�T___ , 1 y...,, Cc..BB�E �i FF F'<_ �-l1 t-cE(z. —Ro G� CuAn n EL nN CHA JIL E r. MnrxcRS * •_ • ENA o F ScQuB sa' APAPT �� «`���--��i .: p � °.. - T Fowl T,�L_/�IoBILE_G.Sr Co.f+TES'_A.iJ? C._BF_AcH tv.C- (8�' r D �. _ txl_S-r!n>Ce_ �a_TroNs !n,_Aec--A'—E APPRn • L uEBETWEbtiI: 9P Sea Glass SCRuB �iRowTH �, SuvE1931! P1ieX(�oo— -- 4lINA1caT;=i-__EX.iS2-1NfjMA-RKER_ I" (�LiA1F op1SE.41aRFss- ca Ruw TN !-�14TEr? DF Fr�:S !N G/IA Ar ArF L APi'2ryY. `,�I T,v?iPU4�C CJ I1•`2`3 `i. s � 8 9 Io i. Iz n I Is 16 �A 6RA SSeS i - `EPT{i .rts" as" 30" ., �,0�� il7rr v560�, `BY_ R'_SCN.i.-1LEEER FiR �nASTI?Z �t3off.fiLY �SJ�LE' ].rr=`(o�t - .►�01��z.TezE �._ ____ ,� ti ' - . .:.__ :.: j _. :- i F F .,: d . �r y` i}: .\ :. :, v:-. X 1. F.e. .. !..'- J h•.:, T _ ' b { `" za `y �. ��y�.� � � A� .Sc � }' •�71 E J 4f 'Y w v „� �A. t 5 } f� .fa R`��",�.y.P�` -�j�,4 �£-} ,1 Ct - F ��+3�f.`�`� h� `�iI' p.� • + Ma ` ..'t ,' r.. _ �t_ JOHN P. MCLEAN ENGINEERING ASSOCIATE December 24, 1992 Mr. Bill Hogarth, Director Marine Fisheries P.O. Box 769 i Morehead Cit�,_ North Caroli a 28557 RE: Coastal obile Estates - Proposed Channel Dredging Dear Mr. —} fee 106 Manatee Street Carteret, N.C. 28584 Tel: 919-393-2219 Fax: 919-393-2463 Enclosed herein you will find iwc original affidavits which have been sent to me by Mr. Tom Adams, Trustee for Coastal Mobile Estates. I have also forwarded a copy of each to Mr. Charles Pigott, Office of Coastal Management. Thank you for your assistance in this matter. Sincerely, Jo n P. McLean, P.E. / cc: Charles Pigott ✓/ --P-za,e L 12'�30—cfcz WE December 15, 1992 TO WHOM IT MAY CONCERN I originally purchased all of the property which is now known as Coastal Mobile Park in Atlantic Beach and formed a corporation known as Silver'Sands Estates, Inc. In August of 1962, 2 conveyed this property to that corporation. The stockholders of this corporation consisted of me and three other investors, one of whom was Dr. Paul Fitzgerald, Jr., who later formed a corporation known as Coastal Mobile Estates in June of 1965 and purchased the entire tract (other than a few lots which had been conveyed from Silver Sands Estates, Inc. to a few individuals). During the time that Silver Sands Estates, Inc. was the owner of the property, I supervised all of its development, including the construction of a boat ramp and the dredging of a b 4-hannel from the ramp out into deeper waters of Bogue Sound. oa c I am reasonably sure that this was done in the year of 1963 or 1964. The dredging was done by an elderly gentleman whose name was Mr. Darius Ballou. It is difficult for me to recall the exact depth to which the channel was dredged but it is my best recollection that it was dredged to a depth of five feet at the boat ramp at low tide. I specifically recall that it was my intention to dredge the channel to a depth which would accommodate virtually any boat that any resident of Coastal Mobile Park would-be apt to own, so that any such resident could launch his boat at this point and ultimately enter deeper waters of.Bogue Sound. If anyone has any questions considering the matters which I have stated above, I can be reached at my residence in Raleigh. My telephone number is 846-7755. Very truly you William G. Edwards William G. Edwards 5489 Tralee Place Raleigh, North Carolina 27609 NORTH CAROLINA WAKE COUNTY I, the undersigned, a Notary Public in and for the s id State and County, do hereby certify that 0,' )1; , M /". P wa.k.i_ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal this the /-r day of , 1992. Notary Public My Commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261215b December 14, 1992 TO WHOM IT MAY CONCERN I am the owner of a lot in Coastal Mobile Beach, which lot is designated on the Carteret D-30. I purchased this lot in the latter part early part of 1987. This lot is occupied by a I also own. This mobile home is my permanent residence. I own a seventeen foot Galaxy boat The draft of this boat with the motor attached feet. DEC 2 8 1992 Park in Atlantic County tax map as of 1986 or the mobile home which wi is When I moved to this home, I regularly used t and boat channel which were provided by the owner Mobile Park. When the tide was about half way bet and low tide, I had no difficulty going in and out clear the bottom of the channel with the propeller without having to raise the propeller. During.the I have not been able to use the channel. a "V" hull. boat ramp Coastal :n high tide id I could � my boat .st two years In answer to an inquiry from Thomas F. Adams,lir. on December 10, 1992, I can state with certainty thatlthis channel has been in existence since the date that I moved here and there is evidence that it had existed for some years before that time. This is apparent grom.the fact that there are two galvanized pipes which are approximately two inches in diameter and which mark the entrance to the channel from the sound.1 The upper portions of these pipes are clearly visible at low�tide but they projected above the surface of the water between1what I, would judge to be 5 to 12 inches at high tide, except that when the tide is at its very highest during the year, the tops,of these pipes are approximately even with the surface of the water. The pipe on the east side of the channel rusted through and broke off after I moved here. When this happened I drove a smaller galvanized pipe through the core of the one which had broken off, so that we would have a marker on both sides of the entrance to the channel. The other galvanized pipe is still standing and is covered with barnacles. During the course of my conversation with Tom Adams, we discussed the supply of clams in this area. I dig a lot of clams and usually can find a very good supply of clams between this channel and the channel which serves Pine Knoll Shores. Occasionally, when I dig clams, I spend a few minutes raking for clams in the channel because this is my point of entry into the sound. I am quite sure that I have not found twenty clams in this channel within the past five years. If anyone wishes any Ifurther information which I can supply, I am available at the following two phone numbers Office - 247-4938 Residence - 726-3810 Wade Norris NORTH CAROLINA CARTERET COUNTY I, the undersigned, a Notary Public in anj for the said State and County, do hereby certify that personally appeared before'me this day anq �£ oetis d acknowledged the due execution of the foregoingIinstrument. �hWITNESS my hand and notarial seal this the day of E� , 1992. Notary ublic My Commission Expires: 6P9 (NOTARIAL SEAL OR STAMP) lbm/1261214a O �� p OEC 2 8 1992 I'' December 14, 1992 TO WHOM IT MAY CONCERN: In the latter part of July;(I believe that it was during the last two weeks of July), Tom Adams called on me and asked me if he could hire me to go to Coastal Mobile Park in Atlantic Beach and dig for clams in a channel twenty feet in width and 378 feet in length.. Mr. Adams stated that he was one of the Trustees who had supervision of this park and that it was the desire of himself and the other Trustee to apply for dredging, but before doing so, he wanted to know if there were any clams within the boundaries of the boat channel.) He stressed that he wanted to be certain that every inch of the channel was raked thoroughly and the number of clams counted. Ilagreed to accept the job on a time basis. A few days later, Mr. B. W. Tucker, (who frequently digs clams with me) went with me to Coastal Mobile -Park. We took our clam rakes and raked the channel area as thoroughly as possible. As far as we know, we.did not miss any area of the channel, though there is alwaysithe possibility that we inadvertently missed some area. If we missed any area, it was . very small. When we completed the raking, we had 16 clams. Mr. Tucker had 9 clams and I had 7. All of the clams were located within 30 feet of the boat ramp and I do not recall that we found any clams more than 20 feet from the boat ramp. Mr. Adams has asked me to state my experience in clam digging and the experience of,Mr. Tucker. I have had a mobile home in the Waters Edge Mobile Home Park at Emerald Isle for eight years and my wife and 2 spend approximately nine months of each year in our mobile home. 2 spend a great deal of time fishing and digging clams. I sill the clams to restaurants and fish markets. Mr. Tucker has a mobile home on a lot very near our mobile home. His life style is veryisimilar to mine and we do a lot of fishing and clamming together IHe is an excellent clam digger. I hope that the foregoing information is sufficient for anyone who has need to see this�letter, but if anyone has any question concerning any factslwhich I have stated, I may be reached at one of the following two phone numbers. Route No. 4 Mocksville 27028 - 704/284-2490 Emerald Isle, NC 919/354-3678 Very truly yours, 13, Ro Broadway NORTH CAROLINA DAVIE COUNTY I 1 I, the undersigned, a Notary Public in and for the said State and'County, do hereby certify that / personally appeared before me this day and. cknowledged�e execution of the foregoing instrument. 1-4 ?PPiavrWTNESS my hand and notarial seal this the 1992. day of ait I No ary Pub is My Commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261214c DELMER L. VEACH NOTARY PUBLIC DAVIF COUNTY,µ C. -MY;C0 ISSION EXPINFS�[-�/-Qj" December 15, 1992 TO WHOM IT MAY CONCERN I originally purchased all of the property which is now known as Coastal Mobile Park in Atlantic Beach and formed a corporation known as Silver Sands Estates, Inc. In August of 1962, I conveyed this property to that corporation. The stockholders of this corporation consisted of me and three other investors, one of whom was Dr. Paul Fitzgerald, Jr., who later formed a corporation known as Coastal Mobile Estates in June of 1965 and purchased the entire tract (other than a few lots which had been conveyed from Silver Sands Estates, Inc. to a few individuals). During the time that Silver Sands Estates, Inc. was the owner of the property, I supervised all of its development, including the construction of a boat ramp and the dredging of a boat channel from the ramp out into deeper waters of Bogue Sound. I am reasonably sure that this was done in the year of 1963 or 1964. The dredging was done by an elderly gentleman whose name was Mr. Darius Ballou. It is difficult for me to recall the exact depth to which the channel was dredged but it is my best recollection that it was dredged to a depth of five feet at the,boat ramp at low tide. I specifically recall that it was my intention to dredge the channel to a depth which would accommodate virtually any boat that any resident of Coastal Mobile Park would be apt to own, so that any such resident could launch his boat at this point and ultimately enter deeper waters of Bogue Sound. If anyone has any questions considering the matters which I have stated above, I can be reached at my residence in Raleigh. My telephone number is 846-7755. Very truly yours William G. Edwards William G. Edwards 5489 Tralee Place Raleigh, North Carolina 27609 JOYI-11- . NORTH CAROLINA WAKE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that 0-, /1; personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal this the I,T day of 1992. 'Notary Public My Commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261215b December 14, 1992 TO WHOM IT MAY CONCERN I am the owner of a lot in Coastal Mobile Park in Atlantic Beach, which lot is designated on the Carteret County tax map as D-30. I purchased this lot in the latter part of 1986 or the early part of 1987. This lot is occupied by a mobile home which I also own. This mobile home is my permanent year -around residence. I own a seventeen foot Galaxy boat with a "V" hull. The draft of this boat with the motor attached is approximately 2 feet. When I moved to this home, I regularly used the boat ramp and boat channel which were provided by the owner of Coastal Mobile Park. When the tide was about half way between high tide and low tide, I had no difficulty going in and out and I could clear the bottom of the channel with the propeller on my boat without having to raise the propeller. During.the last two years I have not been able to use the channel. In answer to an inquiry from Thomas F. Adams, Jr. on December 10, 1992, I can state with certainty that this channel has been in existence since the date that I moved here and there is evidence that it had existed for some years before that time. This is apparent from the fact that there are two galvanized pipes which are approximately two inches in diameter and which mark the entrance to the channel from the sound. The upper portions of these pipes are clearly visible at low tide but they projected above the surface of the water between what I would judge to be 5 to 12 inches at high tide, except that when the tide is at its very highest during the year, the tops of these pipes are approximately even with the surface of the water. The pipe on the east side of the channel rusted through and broke off after I moved here. When this happened I drove a smaller galvanized pipe through the core of the one which had broken off, so that we would have a marker on both sides of the entrance to the channel. The other galvanized pipe is still standing and is covered with barnacles. During the course of my conversation discussed th and usually channel and Occasionally, clams in the sound. I am this channel with Tom Adams, we e supply of clams in this area. I dig a lot of clams can find a very good supply of clams between this the channel which serves Pine Knoll Shores. when I dig clams, I spend a few minutes raking for channel because this is my point of entry into the quite sure that I have not found twenty clams in within the past five years. If anyone wishes any further information which I can supply, I am available at the following two phone numbers . Office - 247-4938 Residence - 726-3810 A Wade Norris NORTH CAROLINA CARTERET COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that RIA�{ F f personally appeared before me this day and acknowledged the due execution of the foregoing instrument. /WITNESS my hand and notar'a seal this the / day of I/�i//7/J EIL , 1992. Notary ublic My Commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261214a December 14, 1992 TO WHOM IT MAY CONCERN: In the latter part of July (I believe that it was during the last two weeks of July), Tom Adams called on me and asked me if he could hire me to go to Coastal Mobile Park in Atlantic Beach and dig for clams in a channel twenty feet in width and 378 feet in length. Mr. Adams stated that he was one of the Trustees who had supervision of this park and that it was the desire of himself and the other Trustee to apply for dredging, but before doing so, he wanted to know if there were any clams within the boundaries of the boat channel. He stressed that he wanted to be certain that every inch of the channel was raked thoroughly and the number of clams counted. I agreed to accept the job on a time basis. A few days later, Mr. B. W. Tucker, (who frequently digs clams with me) went with me to Coastal Mobile Park. We took our clam rakes and raked the channel area as thoroughly -as possible. As far as we know, we did not miss any area of the channel, though there is always the possibility that we inadvertently missed some area. If we missed any area, it was very small. When we completed the raking, we had 16 clams. Mr. Tucker had 9 clams and I had 7. All of the clams were located within 30 feet of the boat ramp and I do not recall that we found any clams more than 20 feet from the boat ramp. Mr. Adams has asked me to state my experience in clam digging and the experience of Mr. Tucker. I have had a mobile home in the Waters Edge Mobile Home Park at Emerald Isle for eight years and my wife and I spend approximately nine months of each year in our mobile home. I spend a great deal of time fishing and digging clams. I sell the clams to restaurants and " fish markets. Mr. Tucker has a mobile home on a lot very near our mobile home. His life style is very similar to mine and we do a lot of fishing and clamming together. He is an excellent clam digger. I hope that the foregoing information is sufficient for anyone who has need to see this letter, but if anyone has any question concerning any facts which I have stated, I may be reached at one of the following two phone numbers. Route No. 4 Mocksville 27028 - 704/284-2490 Emerald Isle, NC 919/354-3678 Very truly yours, 9�-7 g.. 8 Roy Broadway NORTH CAROLINA DAVIE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that j�� iii 0' 02 id i personally appeared before me this day and d9knowledged th due execution of the foregoing instrument. WITNESS my hand and notarial seal this the /�� day of 1992. Notary Public My commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261214c DELIKEH 4. VEJ M NOTARY PUBLIC DAYJE COUNTY, rl_C. MY COMMISSION EXPQS JOHN P. MCLEAN ENGINEERING ASSOCI December 24, 1992 Mr. Bill Hogarth, Director Marine Fisheries P.O. Box 769 Morehead City, North Carolina 28557 °ES i 106 Manatee Street Cape Carteret, N.C. 28584 Tel: 919-393-2219 Fax: 919-393-2463 RE: Coastal Mobile Estates - Proposed Channel Dredging Dear Mr. Hogarth, Iree. Enclosed herein you will find 4m original affidavits which have been sent to me by Mr. Tom Adams, Trustee for Coastal Mobile Estates. I have also forwarded a copy of each to Mr. Charles Pigott, Office of Coastal Management. Thank you for your assistance in this matter. Sincerely, Jo n P. McLean, P.E. cc: Charles Pigott DEC 2 8 1992 December 15, 1992 TO WHOM IT MAY CONCERN I originally purchased all of the property which is now known as'Coastal Mobile Park in Atlantic Beach and formed a corporation known as Silver* Sands Estates, Inc. In August of 1962, I Conveyed this property to that corporation. The stockholders of this corporation consisted of me and three other investors, one of whom was Dr. Paul Fitzgerald, Jr., who later formed alcorporation known as Coastal Mobile Estates in June of 1965 andipurchased the entire tract (other than a few lots which had beenlconveyed from Silver Sands Estates, Inc. to a few individuals). During the time that Silver Sands Estates, Inc. was the owner of1the property, I supervised all of its development, including the construction of a boat ramp and the dredging of a boat channel from the ramp out into deeper waters of Bogue Sound. I am reasonably sure that this was done in the year of 1963 or 1964. The dredging was done by an elderly gentleman whose name. was Mr. Darius Ballou. It is difficult for me to recall the exact depth to which the channel was dredged but it is my best recollection that it was dredged to a depth of five feet at the boat ramp at low tide. I specifically recall that it was my intention to dredge the channel to a depth which would accommodate virtually any boat that any; resident of Coastal Mobile Park would be apt to own, so that any such resident could launch his boat at this point and ultimately enter deeper waters of Bogue Sound. If janyone has any questions considering the matters which I have stated above, I can be reached at my residence in Raleigh. My telephone number is 846-7755. William G. Edwards 5489 Tralee Place Raleigh; North Carolina very truly yo William G. Edwards 27609 7 ..� NORTH CAROLINA WAKE COUNTY I, the undersigned, a Notary Public in and for the s id State and County, do hereby certify that (I'll; , /'-. personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal this the /S- day of , 1992. Notary Public My Commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261215b .01 December 14, 1992 TO WHOM IT MAY CONCERN DEC 2 8 1992 I am the owner of a lot in Coastal Mobile Park in Atlantic Beach, which lot is designated on the Carteret County tax map as D-30. I purchased this lot in the latter part of 1986 or the early part of 1987. This lot is occupied by a mobile home which I also own. This mobile home is my permanent year -around residence. I own a seventeen foot Galaxy boat with a "V" hull. The draft of this boat with the motor attached is approximately 2 feet. When I moved to this home, I regularly used the boat ramp and boat channel which were provided by the owner of Coastal Mobile Park. When the tide was about half way between high tide and low tide, I had no difficulty going in and out and I could clear the bottom of the channel with the propeller on my boat without having to raise the propeller. During the last two years I have not been able to use the channel. In answer to an inquiry from Thomas F. Adams, Jr. on December 10, 1992, I can state with certainty that this channel has been in existence since the date that I moved here and there is evidence that it had existed for some years before that time. This is apparent from.the fact that there are two galvanized pipes which are approximately two inches in diameter and which mark the entrance to the channel from the sound. The upper portions of these pipes are clearly visible at low tide but they projected above the surface of the water between what I would judge to be 5 to 12 inches at high tide, except that when the tide is at its very highest during the year, the tops of these pipes are approximately even with the surface of the water. The pipe on the east side of the channel rusted through and broke off after I moved here. When this happened I drove a smaller galvanized pipe through the core of the one which had broken off, so that we would have a marker on both sides of the entrance to the channel. .The other galvanized pipe is still standing and is covered with barnacles. During the course of my conversation with Tom Adams, we discussed the supply of clams in this area. I dig a lot of clams and usually can find a very good supply of clams between this channel and the channel which serves Pine Knoll Shores. Occasionally, when I dig clams, I spend a few minutes raking for clams in the channel because this is my point of entry into the sound. I am quite sure that I have not found twenty clams in this channel within the past five years. If anyone wishes any further information which I can supply, I am available at the following two phone numbers . Office - 247-4938 Residence - 726-3810 Wade Norm � NORTH CAROLINA CARTERET COUNTY I, the undersigned, a Notary Publ�yc in an for the said State and County, do hereby certify that q e oe�ir personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS CFiriI G my hand and notarial seal this the day of 'F e.e , 1992. Notary ublic My Commission Expires: -/9-9k (NOTARIAL SEAL OR STAMP) lbm/1261214a • 31 DEC 8 1992 j' December 14, 1992 TO WHOM IT MAY CONCERN: In the latter part of July (I believe that it was during the last two weeks of July),'Tom Adams called on me and asked me if he could hire me to go to Coastal Mobile Park in Atlantic Beach and dig for clams in a channel twenty feet in width and 378 feet in length.. Mr. Adams stated that he was one of the Trustees who had supervision of this park and that it was the desire of himself and the other Trustee to apply for dredging, but before doing so, he wanted to know if there were any clams within the boundaries of the boat channel. He stressed that he wanted to be certain that every inch of the channel was raked thoroughly and the number of clams counted. I agreed to accept the job on a time basis. A few days later, Mr. B. W. Tucker, (who frequently digs clams with me) went with me to Coastal Mobile -Park. We took our clam rakes and raked the channel area as thoroughly as possible. As far as we know, we.did not miss any area of the channel, though there is always the possibility that we inadvertently missed some area. If we missed any area, it was very small. When we completed the raking, we had 16 clams. Mr. Tucker had 9 clams and I had 7. All of the clams were located within 30 feet of the boat ramp and I do not recall that we found any clams more than 20 feet from the boat ramp. Mr. Adams has asked me to state my experience in clam digging and the experience of Mr. Tucker. I have had a mobile home in the Waters Edge Mobile Home Park at Emerald Isle for eight years and my wife and I spend approximately nine months of each year in our mobile home. I spend a great deal of time fishing and digging clams. I sell the clams to restaurants and fish markets. Mr. Tucker has a mobile home on a lot very near our mobile home. His life style is very similar to mine and we do a lot of fishing and clamming together. He is an excellent clam digger. I hope that the foregoing information is sufficient for anyone who has need to see this letter, but if anyone has any question concerning any facts which I have stated, I may be reached at one of the following two phone numbers. Route No. 4 Mocksville 27028 Emerald Isle, NC 919/354-3678 NORTH CAROLINA DAVIE COUNTY - 704/284-2490 Very truly yours, 13, Ro Broadway I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that &,,� / personally appeared before me this day and. cknowledged�ue execution of the foregoing instrument. W TNESS my hand and notarial seal this the day of ?Py r�z , 1992. My Commission Expires: (NOTARIAL SEAL OR STAMP) lbm/1261214c DELMER L. VEACH NOTARY PUBLIC DAVIE COUNTY, N. C. MY, COMMISSION EXPIRES 1. NORTH CAROLINAI, CAVTcs1E1",Cw1Ty. -THIS DECD,j MADE. TN 15 jOT11 DAY OF JUNE! I.JUJp UY PAUL FI TZGERALD, J"O., UNNARR I CD,.; r,f HAKE Cb) NTYy:A0FRTl1 CA ROLINAY GRANTOR! 70-COASTAL Mouftc ESTATES, INC., n NORTH C P.f OL IfA CORPQPATION, GRANTEE] { (� OITNE35ETH, THAT SAID GRANTOR, IN CON3IDCRATION OF TILE SUM OF TEN, DOLLARS\440. I OTHER. VALUABLE. CONSIDERATION TO HIM PAID BY THE GRANTEE!, THE RECEIPT OF.WHICII 19VI ,: HERESY ACP.NOWLEOCLD„ IIAS BARGAINED AND SOLD! ANU BY THESE PRESENTS DOES GSANT, BA,RB,Il) 1 SELL AND CONVEY TO SAID GRANTEE, ITS SUCCE550115 AND "ASSIGNS] A FOUR -FIFTHS UN01(1 A{O 1 F C 1'jiI . fey, 1NTC REST IN A CERTAIN TRACT. OR PARCEL Or LAND IN"CARTERET COUNTY, NUR7H. CAROLINAj a ANC, taORE PARTICULARLY DESCRIBED AS FOLLOWS: if 111,711E MOREHEAU TOW'15t1IP, BEOINNING AT A POINT ON THE NORTHERN SIDE FR " OF TIIr SALTER PATIf ROAD RIGHT-OF-WAY,, AT CONCRETE MONUMENT, WHICII f,.y I gyp` UE;INNING POINT 13 THE SOUTHWEST CORNER OF TNC TRACT OF'LAI10 HERETO- FORE.SVLO TO'Uo GUE ISLAND DEVELOPMENT CO.j BY UCED DATED FEBRUARY I 1962, RECORPLO IN BOOK 228, PAGE 257, CARTCRET COUNTY REGISTRY, SAID i,S XA . UEGINNING POINT OCING LOCATED .30 FELT NORTH OF THE CENTER LINE OF GA10 t��IAI`C:�, + ROAD, FROM SAID DLGINNING POINT RUNS THENCE NORTH 4° 451 EAST APPROXI M1✓( I�`�.i "1 + MA TCLY,2,10' FEET (MORE OR 1,63). TO THE ORDINARY HIGH WATER MARK OF BOGUE.50WNbj.RUtJS TIIENCC WCSTWARDLY AND WITH THE WATERS OF'DOGUE SOUND �et A 1, q FOR k`REDISTAN4 OF'31jO-FEET TO A POINT,IN A LINE WHICH 1 ,dl yt PA RAILC LS '4Nc EASTLINE OF THIS TRACT HEREDY CONVEYED; RUNS THENCE Sou t'N !±° 451 1'I£3Y Alto PARALLEL TO. THE EASTLINC OF THIS TRACT '11EREBY CONVLYCOtj C74, ! APPROa110t LY,2,100 FEE• (MORE OR LESS)j,AND AT A PERPENDICULAR DISTAN60, 'O F'. 3'j0 vR[T FROM YHE,EA3Y LINE OF THIS PROPERTY CONVEYED], TO A CONCRETE t CIIy' t MONUMENT At TIIE NORTHERN RN MARGIN OF TIIC,SALTCR PATH ROAD) RUNS THENCE i, t Iji \dl Tit t10RTHCRN MARGIN OF TIIE SALTER PATH ROAD SOUTH' 87° 151 EAST "IO rLF:T It THE BEQ1UNINO TOCCTNCR WITH ALL "RIPARIAN AND '1 5 p. r •�1E.t I n r;N t 11 I176'. INC-OL'�T TO -AND ATTACHCO TO THC AOOVC-OC3CRIBCD PHOPCRTY. 1 }} EXCEPTED FROAf,T!'E ABOVE TRACT OF LAND APE. THOSE TRACTS KNOWN As a r LOT i2,'BLULK ,C, AND LOTS I AND 29, BLOCK D, ACCORDING 7U"A MAP ^ or SILVCR SANOG MOBILE HOME ESTATES MADE'UY C. C. KING, REOISTERCC 1 SURVEYOR, GATED AOGUG7 30,'19620 WHICH TRACTS BARE MOREPARTICULARLYe� 4 oE3CRIUCD Ili UECOG FROM SILVER SANDS ES TATC G, INC.-.TO RALPB G. $TYRONIC' AND ROMA L. STYRON, T/A STYRON UTILITY COMPANY, RCCORDED IN BOOK c41 k I'+ AT PA 4C5 04, 355 AFID. 356 OF .THE. CARTERET COUNTY REGISTRY. �¢? TH 15 PRDPCRTY 13 CONVEYEtl SUDJECT TO ALL OUTSTANDING. COU14TY TAXES. AID I SUBJECT TO CA5CMCNT3, LEASEHOLD E: TATES'AND AGREEMENTS AS SET-FOR7J1 IN FF A SUBOhDINATION AGREEMENT FROM PAUL FITZGERALO, JR., AND THOMAS F. ADAp S, JR.r SUBSTITUTED TRUSTEE, TO SILVER SANOSJESTATES! INC„ DATED NOVC11bER 1964, RECORDCO IN -BOOK 257, PAGE 357, OF 711E CARTERET COUNTY REGISTRY. tA' """i{'�NAYE-AidO•TEY-HOLD•-THE-•AFORBSA.IB--FOLR-P-{fa'H$k:,WIID-IV IOC4 "INTEREST IN. THE. AFOR'A d 1 - I+. SAID TRACT OR PA,?AEI. O LAND' AND ALL PRIVILEGES AND APPURTENANCES TNC NC TO BELONG It c'f 'f0 HIE SAID GRANTrr, IT3 71UC,CCS^.OR3 AND,ASSIGN5, TO ITS ONLY 113E AND Br1100F.. ropry R. •. ,.r OJF ,• 0 1 _ .-.�--.'�"i � � '",7. 1 i"'Y 'it J .r ,`. _a F. w.. .v�fJR .{tIN tvyr•, �;.. 1: � -��. drn'ta" end !)t}�l `, -,t •f !g"y1' r r F�.'.d`• W i �a,�vTj�Mf•r'•rf•1••+1 ,l.,..,.',r.rY r- • y a. ✓-p s Yam•«.•.•NY+,MY'gA!Nf/SV'h1% A r U[' Col IY I J' v1. .. I. ♦: 1 •...• ' i 1 . 1 jy�,...-•� ,� Jil jni ti ' , 1( 1) • , '•,1 •. ., •1 I Illll illy l•i7 A, •h J( y: •{ill{{,){��� tS IS. i ' ; �,. .�.. �,.;�rwa.+-•..r+�..+•„i„g+�-.#r.+.r •,., t A , ,>7 1��1 � .tK `-.=At+A.w'J•.. _. ::/. -_ t. . #i * ' <. �• '�J'1l Z A'in; .. JO Av.. l C '/3C VINE}04% 'I vVkl it a` i V r• a3-.16 ^,N IOO7Lo3 7aA!. i �N?-anli .3%1 / xQ 07pOJ7(1 t. pt"/ n'�Y .'ll ld0l7' Z.1..V id d•J Al'1VhQ-k.d >,VO it 144 b(` (Ol4 211 n.1d •,VNl . h ,rye.', ., A,A�AJI�A.1J An7'J]t Oi' `717n�,1 Ahv."f C - 83N7Ut1�'Syj;lak�nd�.q,r;>r t,{` •, r vri I Im jI } , i`, - r; ull'•n ]nouv.!Gaia. iiv]A 011d .t r', iqi vJ ,:•10, - r GWVII s:.4 0: 01an]t•4+ 'vp •a(` IP0507[I;1'inq nlv, :Hu 1038-14CAIU::11':71 01 r 2 •j a105i17d -11V 10 :11I0: 3Hl 1SIIIV^:• l.l+.]dG'!J CIY$ ]IIl 11 31L)i '.IV': °II. :]a !:1 71 rf'i fti'•i Ihf•`r 1Ym or,./ SllvunVM U:Ih3VOJ An3v>l C300 311 11111 ANY a3nPIAMO 30MI011 iJl1 1J.q:(3 7 I ( 1 Y Rh in 4 ,' , °3'1 V•I LI')'-'17 liv NOIIJ t v3 "' .:.Y 77GJ lee 711V 311 1•/rJ Z.i ld:ll !3. 11- r"1 141 F�•„br i', 1,XRAII, !1 li-'-I:J loU. RVN O:IV a AI III )J ilYl:{LJ ".IV; -.I1 :b"7. �•/ JU 1.; 217lv•11'-':. .. 1.':V..(IV Li,[.,.3770'; �1i 13invjv,. iI'1% 11{(•Fj C1101vt1151h I1<z'v OIiV 7;1n1 n3 [i ;l '4EI .lp SI NUIY ll,IGFIIN UK Z1011V 1')191( )ftL��rr �, i�7`• .,r •AJiG1oJt1 Air:noJ 11�N��: ,�1�•,! ilo7 ,, ,,t2,} •ri -34'' 'JIIV 'jpi+l rl— .ID ,'-1)111 G71Yn Z3J1.1 �!'1 ��t'•{y•• �tI OIIV 3.11A 041 %ClilfU 'n dd7YjJ "?i(•,I..1Vll3^211,J t1n Od An I., NI V it r4'A., tl1'IW G1NVN31.07 3A IA01 L1 G3ll Ol 103141nG 70VN tl341t)n1 01. A-•Il'/A nt,107 CIAij. ry A ` �{. •;f S _ 1, L.. I .r F k REVISED DATE-Q_ - , 1 61 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 'APPLICANT'S NAME: Coastal Mobile Estates, Inc. 2. LOCATION OF PROJECT SITE: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Photo Index-,1989: 158-7, (J-K 15) 1984: 32-1174 (22 L) State Plane Coordinates - X: 2665600 Y: 354500 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/22/92 10/27/92 10/28/92 Was Applicant Present - NO NO YES (Engineer) 5 7 I PROCESSINGTROCEDURE: Application Received - October 28, 1992 [Revised] Office - Morehead City SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Transition/Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NONE (F) Type of Structures: Existing - 139 mobile homes, dock, boat ramp Planned - extend boat ramp, finger pier, (G) Estimated Annual Rate of Erosion: -0- Source - bulkhead HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Seagrass [estimate] 3,000 sq. ft. (B) Non -Vegetated Wetlands Shallow Bottom - (turning 13,000 sq. ft. 240 sq. ft. basin & access channel) (C) Other Highground - disposal area 7,500 sq. ft. Open Water - pier 100 sq. ft. (D) Total Area Disturbed: '" 21,2N sq. ft. (E) Primary Nursery Area: NO" (F) Water Classification: 'SA' . Open: YES PROJECT SUMMARY: Extend„boat ramp, excavate a turning basin and access channel, construct a finger pier. FIELD INVESTIGATION REPORT COASTAL MOBILE ESTATES, INC., CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property consist of an approximately 17 acre tract of land located adjacent to NC Hwy. 58 and Bogue Sound, in the Town of Atlantic Beach, Carteret County. This property has been developed into a 140 space mobile home park. A community water system provides potable water to this development while individual septic tanks provide sewage disposal. The shoreline along the applicant's property is bulkheaded, and years ago, a boat ramp was constructed into Bogue Sound. This ramp terminates approximately 3' waterward of the MHW line and was recently resurfaced. Adjacent to the bulkhead, a 0-15' border of coastal wetlands exist which is vegetated primarily by Spartina altemiflora. An approximately 370' long pedestrian pier extends into Bogue Sound and was authorized by a General Permit in 1991. The area of Bogue Sound in front of this property can be characterized as relatively shallow with water depths approaching -4' MLW approximately 400' seaward of the shoreline. Within this 400' area are scattered amounts of seagrass vegetation growing in a sandy/silt substrate. Scattered amounts of oysters were observed near the shoreline and several clams were handraked during a recent site visit. The waters of Bogue Sound adjacent to the applicant's property are classified as 'SA' and are open to the harvesting of shellfish. The applic nt is requesting a permit to extend the existing boat ramp waterwardi-kind to excavate a turning basin and access channel in Bogue Sound. The proposed boat ramp is to be approximately 20' long x 12' wide x 6" thick and will terminate in a proposed 50' long x 50' wide (top width) x -4' MLW deep boat basin. An approximately 25' long x 4' wide finger pier would be constructed parallel to the boat ramp. The proposed access channel would extend from the boat basin for a distance of approximately 340' in length x 30' width (top) x -4' MLW deep. Excavation is proposed to be accomplished by the use of a hydraulic dredge with the approximately 1,250 cu. yds. of spoil material being pumped to an irregularly shaped diked disposal area. The applicant's engineer has calculated that the dike would contain approximately 1600 cu. yds. of material. 10. ANTICIPATED IMPACTS: It is estimated that the proposed excavation will directly impact approximately 3,000 sq. ft. of sea grass vegetation and potentially 13,000. sq. ft. of shellfish bottom. This, however, must be confirmed by an appropriate survey which has not been done as of this date. The approximately 1,250 cu. yds. of primarily sand/silt material.to be excavated would be placed in a diked disposal area which should be adequate `with property monitoring. Additionally, the boat ramp construction would cause approximately 240.,sq. ft. of bottom area below the MHW line to be filled with approximately,,4 cu. yds. of concrete. -------------------- PREPARED BY: CHARLES O.-PIGOTT DATE: November 9, 1992 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. There is no development planned since the area is developed. a. Type and number of buildings, facilities, or in structuresproposed Not Applicable n, b. Number of lots or parcels Not Applicable c. Density (Give the number of residential units and the units per acre.) Not Applicable d. Size of area to be graded or disturbed 2/10 acre for disposal site and extension of ramp (20 feet+/—) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? No, Not Applicable f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops.. Not Applicable Water supply source Town of Atlantic Beach If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. Not Applicable o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? Not Applicablb 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, payer stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) concrete for ramp extension (20'+/—) Boat basin h. If applicable, has a stormwater management plan Other (break - been submitted to the Division of Environmental water, pier, Management? N o boat ramp, Not Applicable rockjetty) i. Describe proposed sewage disposal and/or waste wafai treatment facilities. Fill placed in Existing spp_tic tanks systems for wetland orbelow _existing residences. MHW j. Have these facilities received state or local approval? Upland fill Yes, old construction, not new areas construction k. Describe existing treatment facilities. individual. septic systems 1. Describe location and type of discharges tgwaters of the state (for example', surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down")._ runoff from existing streets and mobile homes Length Width Depth 350' 30, 2.5'� averag 50' 50' 3' Y: l50' 50' £ .. b. Amount of material to be excavated from below water level in cubic yards 1,250cubic yards c. Typeofmaterial SAnd d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in c4gi 6ds''�" LUCT :. 6 1992 '�5UU a; ----------- ------- �- Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name John P. McLean, Agent Address 101 Manatee Street City Cape Carteret Stare N.C. yip 28584 Dayphone919-393-2129 Landowneror X Authorized agent b. Project name (if any) . Coastal Mobile c. If the applicant is not the landowner, also give the owner's name and address. Coastal Mobile Estates, Inc. Thomas F. Adams Jr P.O. Box 19764 Raleigh, N.C. 27619 2 LOCATION OF PROPOSED PROJECT If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance of existing channel c. Will the project be for community, private, or commercial use? Private, Coastal Mobile Estates has approximately 139 private residences. d. Describe the planned use of the project. Channel will accommodate boat traffic from shore to Bogue Sound 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 350' wide by 2.100' long b. Size of individual lot(s) 5,000 SIT to 8,000 SF c. Elevation of tract above mean sea level or National Geodetic Vertical Datum + 6' MSL to + 20' MSL overall.., d. Soil type(s) and texture(s) of tract a. Street address or secondary road number y u v V v 1 Mobile Drive @ Bogue Sound e. Vegetation on tract native grasses b. City, town, community, or landmark Atlantic Beach f. C. County Carteret g d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project Bogue Sound 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a hdme, motel, marina, bulkhead, or pier). ma;n enance•excavation,. approximately 1250 cubic yards +/- Man-made features now on tract mobile homes and associated improvements (drives What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation ✓Transitional _Developed Community _Rural _Other h. How is the tract zoned by local government? MObile Homes i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? ILI 12/89 OCT 2 6 1992`; --------------------- ---- 1 f. Dimensions of coil disposal area c. Shoreline erosion during preceding 12 months, in IRR66ULQR �� feet Net Anpl i abl I g. Location of spoil disposal area . Adjacent to d. Type of bulkhead material Not Applicable 3oaue Sound — see sketch h. Do you claim title to the disposal area? Y e s If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Y e s If so, where? Same ci tP in future e. Amount of fill, in cubic yards, to be placed below mean high water Eia_NAS, f. Type of fill material _ Q-%C5E3_F_ FoK RAMP 8 ADDITIONAL INFORMATION - j. Does the disposal area include any marshland, In addition to the completed application form, the follow - swamps, or water areas? N o ing items must be submitted: k. Will the fill material be placed below mean high A copy of the deed (with state application only) or other water? Yes, concrete ramp ( sec ti on lnstniment under which the applicant claims title to the ( 5 C Y )l. Amount of fill in cubic yards 12 ' x 2 0 ' x 6 " affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the in. Type of fill material concrete poured deed or other instrument under which the owner claims title, plus written permission from the owner to carry out n. Sourceo)fillma[erial commercial source the project. o. Will fill material be placed on marsh or other wetlands? Only the portion of ramp. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources 12' x 2 0' section north of ramp. Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site. - and erosion controlled? Diked area will provide an area of storage of the excavated material. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge, small "`dozer, dump trucks & back hoe s. Will wetlands be crossed in transporting equipment to project site? NN o If yes, explain steps that will be taken to lessen environmental impacts. Not Applicable 7 SHORELINE STABILIZAT EON a. Length of bulkhead or riprap rel Average distance waterward of mean high water or normal water level -Not Applicable Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency'personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. N / A A list of the names and complete addresses of the adjacent waterfront(riparian)landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. rU r--t{�(r SAP 1 8 1992 11 12/89 ----------------- 3 Name William D. MUnden, J Address P.O. Box 69 Morehead City. N.C. 28557 Name John T. Flynn Address Box Atlantic Beach, N.C. 28512 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Bulkhead & Pier permit: C.8814 (work completed summer 92) A check for $100 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. Not Applicable A statement on the use of public funds. If the project involves Ute expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Not Applicable 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program.. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the15Aayof SEptember 1992. X L d wner or Authorized agent ohn P. McLean, Agent OCT 2 6 19g2 4 12/89 {,o tv' - n F O .R � — � I .. F �� p �: ' , , }.e lld. )' `.•' ICI WL )) r v'.-. l•:' Lli , O9 �; IIU 1111 IIII E LII! Wl .f .4 �i ilieILL ' IJOI! IIIL b\i„' l"j� Lwa L ' •f �� t{��RTIu � Rv eJ .(: •j �a;} 'ice \; Lll , O 11LA O 1i11 .0 1j �� •P� �� I Y.. iF \ (mil �S n B•• Y y aw W P o R T. uI { I eLIM! J. Y G Ih r"'x:' I•' ',,\� yuE il�Il�u S I �'1Y ' ri I � E WAdwwd ...•� T �. % 1 i ❑U .: '.. i � • :x4 j5' l i � I ' IIII �' i •. I yllf 7 �` d;11 e.a an. e+u• .ed u� _.. �p 50 : ._'INiRACDASiAL 7I '..':I-• _. ::ice :. ; it 'S 0 p•i..a •N s: D;y,'.`. 11 N K S 5 ll is SaOopalh "? a$n <s.:f fek KNOILYMAU . . � EaqullJAp1 .., IV 1. CA►RTERET COUNTY NORTH CAROLINA-- EAEIARED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS —PUNNING AND RESEARCH BRANCH IN C,,",, ON WITH THE U.S.DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISInATION SCALE J nu SCAIJ FOR ENLARGEMENTS '. I /G �' VUIXLLTCY SH r LI � I-LtIl a LPL. 13 0 -G d- Pile 2 Pole C=:::>w 0 Willis Landing .......... ......... Te X�) .................. -- ----------------- MANSFIELD, N. C. 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AIIANric...I?Ver , 14C 6AZ717-r-r �dvNrr' 9 c MC cf��- NGq 3-zrz� a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Coastal Mobile Estates, Inc. 2. LOCATION OF PROJECT SITE: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Photo Index - 1989: 158-7, (J-K 15) 1984: 32-1174 (22 L) State Plane Coordinates - X: 2665600 Y: 354500 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/22/92 10/27/92 10/28/92 Was Applicant Present - NO NO YES (Engineer) 5. PROCESSING PROCEDURE: Application Received - October 28, 1992 [Revised] Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Transition/Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NONE (F) Type of Structures: Existing - 139 mobile homes, dock, boat ramp Planned - extend boat ramp, finger pier (G) Estimated Annual Rate of Erosion: -0- Source - bulkhead 7 3 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Seagrass [estimate] 3,000 sq. ft. (B) Non -Vegetated Wetlands Shallow Bottom - (turning 13,000 sq. ft. 240 sq. ft. basin & access channel) (C) Other Highground - disposal area 7,500 sq. ft. Open Water - pier 100 sq.ft. (D) Total Area Disturbed: 21,280 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES PROJECT SUMMARY: Extend boat ramp, excavate a turning basin and access channel, construct a finger pier. FIELD INVESTIGATION REPORT COASTAL MOBILE ESTATES, INC., CARTERET COUNTY PAGE N2 9. NARRATIVE DESCRIPTION: The applicant's property consist of an approximately 17 acre tract of land located adjacent to NC Hwy. 58 and Bogue Sound, in the Town of Atlantic Beach, Carteret County. This property has been developed into a 140 space mobile home park. A community water system provides potable water to this development while individual septic tanks provide sewage disposal. The shoreline along the applicant's property is bulkheaded, and years ago, a boat ramp was constructed into Bogue Sound. This ramp terminates approximately 3' waterward of the MHW line and was recently resurfaced. Adjacent to the bulkhead, a 0-15' border of coastal wetlands exist which is vegetated primarily by Spartina altemiflora. An approximately 370' long pedestrian pier extends into Bogue Sound and was authorized by a General Permit in 1991. The area of Bogue Sound in front of this property can be characterized as relatively shallow with water depths approaching -4' MLW approximately 400' seaward of the shoreline. Within this 400' area are scattered amounts of seagrass vegetation growing in a sandy/silt substrate. Scattered amounts of oysters were observed near the shoreline and several clams were handraked during a recent site visit. The waters of Bogue Sound adjacent to the applicant's property are classified as 'SA' and are open to the harvesting of shellfish. The applicant is requesting a pei=c� to extend the existing boat ramp waterward and to excavate a turning basin and access channel in Bogue Sound. The proposed boat ramp is to be approximately 20' long x 12' wide x 6" thick and will terminate in a proposed 50' long x 50' wide (top width) x -4' MLW deep boat basin. An approximately 25' long x 4' "wide finger pier would be constructed parallel to the boat ramp. The proposed access channel would extend from the boat basin for a distance of approximately 340' in length x 30' width (top) x -4' MLW deep. Excavation is proposed to be accomplished by the use of a hydraulic dredge with the approximately 1,250 cu. yds. of spoil material being pumped to an irregularly shaped diked disposal area. The applicant's engineer has calculated that the dike would contain approximately 1600 cu. yds. of material. 10. ANTICIPATED IMPACTS: It is estimated that the proposed excavation will directly impact approximately 3,000 sq. ft. of sea grass vegetation and potentially 13,000 sq. ft. of shellfish bottom. This, however, must be confirmed by an appropriate survey which has not been done as of this date. The approximately 1,250 cu. yds. of primarily sand/silt material to be excavated would be placed in a diked disposal area which should be adequate with property monitoring. Additionally, the boat ramp construction' would cause approximately 240 sq. ft. of 'bottom area below the MHW line to be filled with approximately 4 cu. yds. of concrete. --------------------- PREPARED BY: CHARLES O. PIGOTT DATE: November 9, 1992 ' Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your If you plan to build a marina, also complete and project, write N/A not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2. i must be completed for all projects. b. Is the proposed activity maintenance of an j existing project, new work, or both? Maintenance of existing channel 1 APPLICANT c. Will the project be for community, private, or a. Name John P. McLean, Agent commercial use? Private, Coastal Mobile Estates Address 101 Manatee Street has approximately 139 private residences. City C a p e Carteret State N.C. d. Describe the planned use of the project. 28584 919-393-2129 Zip Day Channel will accommodate boat from Bogue Sound phone traffic shore to Landowneror X Authorized agent b. Project name if any) Coastal Mobile Estates 4 LAND AND WATER c. If the applicant is not the landowner, also give the CHARACTERISTICS owner's name and address. Coastal Mobile Estates. Inc. a. Size of entire tract 3 5 0 ' wide by 2 100' long % Thomas F. Adams Jr. P.O. Box 19764 b. Size of individuallot(s) 5,000 SF to 8,000 SF Raleigh, N.C. 27619 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 LOCATIPN OF PROPOSED + 6' MSL to + 20' MSL_overall PROJECT d. Soil type(s) and texture(s) of tract Sandy soil a. Street address or secondary road number Mobile Drive @ Bogue Sound e. Vegetation on tract native grasses b. City, town, community, or landmark Atlantic Beach f. Man-made features now on tract, mobile homes and associated improvements (drives e c. County Carteret g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? Yes Conservation ✓Transitional e. Name of body of water nearest project --Developed Community Bogue Sound _Rural Other h. How is the tract zoned by local government? 3 DESCRIPTION,AND PLANNED USE Mobile Homes OF PROPOSED PROJECT i. How are adjacent waters classified? na .a. Describe all development activities you propose (for example, building a hdme, motel, marina, bulkhead, or pier)-_____.mz_L!itenance excavation, apDroximate1y.1250 cubic yards t1n-�nr�r j. Has a professional archaeological survey been . carried out for the tract? N o If so, by whom? tlMc)Mr - -- 1A SEP 1 a 19E 12/89 OCT 2 6 1992 --------------------- I 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. There is no development planned since the area is developed. a. Type and number of buildings, facilities, or m. Water supply source Town of Atlantic Beach stntcturesproposed Not Applicable n. b. Number of lots or parcels Not Applicable c. Density (Give the number of residential units and the units per acre.) Not Applicable d. Size of area to be graded or disturbed 2/10 acre for disposal site and extension of ramp (20 feet+/—) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? No, Not Applicable f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. Not Applicable If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. Not Applicable o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? Not Applicablh 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) concrete for ramp extension (20'+/—) Boat basin h. If applicable, has a stormwater management plan Other (break - been submitted to the Division of Environmental water, pier, Management? N o boat ramp, Not Applicable rockjetty) i. Describe proposed sewage disposal and/or waste water treatment facilities. Fill placed in Rx;st;ng septic tanks systems for existing residences. wetiandorbelow MHW j. Have these facilities received state or local approval? Upland fill Yes, old construction, not new areas construction k. Describe existing treatment facilities. individual septic systems 1. Describe location and type of discharges tq,waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). runoff from existing streets and mobile homes Length Width Depth 350' 30' 2.5' averag 50' 50' 3' t5o' 50': b. Amount of material to be excavated from below waterlevel in cubic yards 1,250cubic yard s c. Typeofmaterial SAnd d. Does the area to be excavated include marshland, swamps, or other wetlands? No 'T ; i e. High ground excavation, in cu [ 1992 ,' 2 I y • f. Dimensions of sooil disposal area tRRE6�t-QR �o'xt5dtl 1 g. Location of spoil disposal area . Adjacent to Boaue Sound — see sketch :i h. Do you claim title to the disposal area? Y e s If not, attach a letter gfanting permission from the owner. i. Will a disposal area be available for future maintenance? Y e s If so, where? SamP site in f u t u r P c. Shoreline erosion during preceding 12 months, in feet Not Applicable d. Type of bulkhead material Not Applicable e. Amount of fill, in cubic yards, to be placed below meanhigh water 13a.V5, f. Type of Fill material _ PAhICIRM Fog RAMP 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow - swamps, or water areas? ing items must be submitted: No k. Will the fill material be placed below mean hi(gh A copy of the deed (with state application only) or other water? Yes, concrete ramp s e c t i o n Instrument under which the applicant claims title to the (5 CY n. Amount of fill in cubic yards 12 ' x 201 x 6 " affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the m. Type of fill material concrete poured deed or other instrument under which the owner claims title, plus written permission from the owner to carry out n. Source of fill material commercial source . the project. o. Will fill material be placed on marsh or other wetlands? Only the portion of ram p. Dimensions of the wetland to be filled - 12' x 20' section north of ramp q. How will excavated or fill material be kept or site and erosion controlled? Diked area will provide an area of storage of the excavated material. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic e,) dredg? Hydraulic dredge, small 1"dozer, dump trucks & back hoe s. Will wetlands be crossed in transporting equipment to project site? NN o If yes, explain steps that will be taken to lessen environmental impacts. Not Applicable 7 SHORELINE STABILIZA71 ION a. Length of bulkhead or riprap None on this j o b b. Average distance waterward of mean high water or normal water level Not Applicable An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal. Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency'personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. N / A A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. Ss P 1 1992 it OCT 2 0 1992 `: I . 12/89 Name William D. MUnden, Jr. Address P.O. Box 69 Morehead City. N.C. 28557 Name . John T. Flynn Address P.O.Box 584 Atlantic Beach, N.C. 28512 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Bulkhead & Pier permit r.8814 (work completed summer 92) A check for $100 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. Not Applicable A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Not Applicable 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program.. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. Thisisthe 15 0,ayof SE tember ,1992. X L d weer or Authorized agent ohn P. McLean, Agent OCT 2 6 199 12/89 f y A:, DELI 1_ fS � a ILL I E ) '.,.y LU➢. Hu WA 'S yd 1LL :!:. I1L ILL v. Vi IID i`,d IM3 "Y PORT � r - •fi`' r:; u) 4' f � 'I) - 2 O p Lw tIu .,.iT a r< �`•"'�•'u`: Lw L y ♦ AIa \ \ TIRE W P O R 7 11 n HAI ' ILI { I �TIl } C - Sd 14 .•'A . I i � L.! .3)�1)� CMi-•r WRdw°ed .•, i' ! I � ❑Il '• '. % :gI ., L1L i ?I. , . r O Ip6 f% R•e /w1. Alp •od _ r° ; `Ira M EHE N 6 T.j CT" 11 YC ?0-.. , I) 1M lltt rlr r.r C. CIT- ........... so I WAYEux .^•'� '�: - xai WATER.-:.—s.--.. �::: :~ TAL � E UFORT IN N K S 1n T u.�n.ILL}C',D1...11J:'IY.u4"J'.I�]yL I Aucall :F'n��� MIC IFAG ��'+.e . ` Art rtt.+ •v' � �!(1 rOCl'rW11 x NdNI i iA3 S IOr..r.l Y , ..-n.-••��•-'ml� � ne I:wu sNoru :. ' I i OIOINI n/.OI .. .•f" B \ rill. A. .� Ty Y� CAIXI DTERET COUNTY NORTH CAROLINA-- PREPARED EY THE NORTH,CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS —PLANNING AND RESEARCH BRANCH IN COOPERATION WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISIKATION SCALE 0 0 "Is 0 O.I VE SCAB FOR ENLARGEMENTS `L , I i c5K51-tyu-u LL:,! -. . ............. Willis L,�aln¢ U S ITE zT S ITE zT S 0 U N D bN� v , F,c Leal = Ir prmn / •[fr �'e: t;"-. .:.0 .. t....:d_.v.. v�....�_ .....:.......... MANSFIELD, N. C. (FORMERLY PELTIER CREEK) N3437.5—W7645/7.5 EDITION OF 1951 PFIOTOREVISED 1971 AMS 5653 III NE —SERIES V642 6,0\j IJ D ?ePoaCD �AIISTE1�R1�C 301 uJ I DE �4- 350 , Lo DEPri hgEP,4LQ = 2 ;t bPbSED Togtiloc, + 5o WIDE c5o LotQG } X ✓' DEEP gw-AL CQZI( \fbeo5 = 1250+ k, \� V FROF05ED 4 4 T-URNNC, 6A514 PROF?�SED � 12x2D CoN�. IZRMP EXTEN510N � � � Zzz E�t5Y1NG BULICI-1E4D IS f-Iw%j +5.0' ALIICCEI:T PP�F��Y nuJ I Q E R 0 kIE�T UU_I AMA D. M UI\L , Po Box MOKUC&D CITr,NC �t15T1 • ZSSS7 YY 00I�E HOYAI' ALJACEfrT PROFI=.RT`� GUJ IJ o EAST JOH14 T. FLYNIfJ PD �nx .�ill�iTtc l?�E�1��: IJC ZC51Z I6' 4,2 exlsnrJC, o iMLVJi 4.0 3.2 30 ECISTNJ% i2X4D TEE 3.1' + ELP/eTlo+1S (��E SAD 1.5, Me Ek STi NG in,AG. eAMP ews-r G to wlc,�: PIER A CTVOL !_ENC�I 4-�Yc25� F1tlGE}Z flEz (-4vz; TimIL) MA5Wzl( Kole) E MARSH GRA-f `� 1kt/, CGt� NOr D15NRB� av �r OU— LEY FOF o`lERfIO W +(�, Di lsee ncTAIL) IRRE�ULARIL�( SNpPE DIKE To iZ//ErG I N l0 h O r C NOTE KeMaVE o fJ L` 2 Plt�lE -FREES ® W FlEn1 Su I 1p ItJG D! k 000t_ o PRoPo�j7ED N!dIh17T�-IA�ICG J(a OFE0611-lG OF l-=XS ]0G �n ti LN su f_1 El_ REVISED , DATE e P y Coe5rAL WbILE 2�2T.6YEc? drld�l7lc 6 &--4 �1C C6RTFF' TT CDUIJYY SCALE I" = CeO PREPpkF.n A ��McL/��l PE coPE CAP-TEF-,T" lY 'tp- i32 EXI5TI N16 — K> YWA`r LPROPb5ED) EXIST )a KPcMP lib 1S9 TCfMDYCD 3i+ PRO Ro5ED -AMe EATTt,%IbQ rT5t1,LE �D��a✓. SUUF�D �ICC/sUA"Ro UvV1T f�bpLY-D r o I?ro e PRDPMED cntir_� Yr EWAVaTIOI� �ImrrI 5 RAMP EXTE�I�ID�I /�, 12 X ZD �. (SEe DETAIL) v/ 2rI' R�wDVE 4� -- f NWM� pin,,VG P-ArnP P2OJI( ; t:.Ti?rP, Coil ElTIU ry —7 _ L PQDPD5 ED rI1 &fK PIER S ��mP EXfEtJ`�0�1 �lOT To SCALE - 6°MIM. biA. 2.5 ?E-g TRAnoA aAI.T IRCMD PILINGS i g,AG DE W4 5ALT WEAiEI 2�S 6.4 P". 5ALr lkEATED �rMjt46ERS PRaPDsEn 4 Y,7S Fl}JGFR PIER FDR Ti=1✓1POk.faK�i T�-GFF IY�r (Do Nor PISTUPB �WM--I, t%XI-:�rf I nJ,, gL)Lt`aF- LC) REVISE® ,DATES MPOSE,D MAIRTNP;A .E. pREbGWG # i EW WORK ib! coASTAL MOBILE E5-r4cEs ATLANTIC BEacta hAc , ceR7EREr coUNT r td•zs-qz CAPE CAMRET ,- Nc- &X1571M46 06M 2 fEK15TIhll� PJO1T1Xvi 2RZoP(SEo \IA RIE54�3�MAY, Z t D TTZ) M CRDcj� 5EGTID1� 6-F MAW C+Aflf lEL Oo T Ta SCA L F �C-�Tfo�l A- A OCT SO mAR54 GQASS I 3 CR055 S i�C_ T IC�t .1 of= TUR,PSIItJG Klur To 5 ZLE PtDP05ED MAIQTEKALJL� U�EDY%046 of EXI5T'I M G CNDr�1n1 E L COASTSL NAOSILE E-6TATE5 ATLAIJTIC f3EAGN � F.1G CARrE�i C6uM-r'-� ID-zi-9z S�feJPI✓IcLEAFJ PE. cAP� LAR7��ET� (oorB�Nbl .4-. OVE?—FLO II—) PIPE — ± --� 9 si sETwm(a 6 laMMK ZX4 op- -Z 17��K� F-LG (0.4 F01T 9AL-r Tr -FA 2x � PLRNK�� rlbi � 5[tLLE S�r`�'SL�LT TREl�TEC� 2 X 8 e:,M 1GE2S r e C i ? 6 1992 TENj PDIZLIP. Y �T✓ - b rf I" I E P -VC17AI Le7 'NUT' n J(A L E- _DE 41L5 FOK PP,oFD�E1L I M17 0VEMElqTy fog 06NTAL /Ho► IL6- E7TAi6 ArzaNP6 r5Cac4 , qC Garre�r- .�av�r.Tr �� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Coastal Mobile Estates, Inc. 2. LOCATION OF PROJECT SITE: Hwy. 58, Bogue Sound, Atlantic Beach, Carteret County Photo Index - 1989: 158-7, (J-K 15) 1984: 32-1174 (22 L) State Plane Coordinates - X: 2665600 Y: 354500 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/22/92 10/27/92 10/28/92 Was Applicant Present - NO NO YES (Engineer) 5. PROCESSING PROCEDURE: Application Received - October 28, 1992 [Revised] Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Transition/Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned -NONE (F) Type of Structures: Existing - 139 mobile homes, dock, boat ramp Planned - extend boat ramp,. anger pier (G) Estimated Annual Rate of Erosion: -0- Source - bulkhead 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Seagrass [estimate] 3,000 sq. ft. (B) Non -Vegetated Wetlands Shallow Bottom - (turning 13,000 sq. ft. 240 sq. ft. basin & access channel) (C) Other Highground - disposal area 7,500 sq. ft. Open Water - pier 100 sq.ft. (D) Total Area Disturbed: 21,280 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES 8. PROJECT SUMMARY: Extend boat ramp, excavate a turning basin and access channel,, construct a finger pier. FIELD INVESTIGATION REPORT COASTAL MOBILE ESTATES, INC., CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property consist of an approximately 17 acre tract of land located adjacent to NC Hwy. 58 and Bogue Sound, in the Town of Atlantic Beach, Carteret County. This property has been developed into a 140 space mobile home park. A community water system provides potable water to this development while individual septic tanks provide sewage disposal. The shoreline along the applicant's property is bulkheaded, and years ago, a boat ramp was constructed into Bogue Sound. This ramp terminates approximately 3' water -ward of the MHW line and was recently resurfaced. Adjacent to the bulkhead, a 0-15' border of coastal wetlands exist which is vegetated primarily by S artina alterniflora. An approximately 370' long pedestrian pier extends into Bogue Sound and was authorized by a General Permit in 1991. The area of Bogue Sound in front of this property can be characterized as relatively shallow with water depths approaching -4' MLW approximately 400' seaward of the shoreline. Within this 400' area are scattered amounts of seagrass vegetation growing in a sandy/silt substrate. Scattered amounts of oysters were observed near the shoreline and several clams were handraked during a recent site visit. The waters of Bogue Sound adjacent to the applicant's property are classified as 'SA' and are open to the harvesting of shellfish. The applicant is requesurg a permit to extend the existing boat ramp waterward and to excavate a turning basin and access channel in Bogue Sound. The proposed boat ramp is to be approximately 20' long x 12' wide x 6" thick and will terminate in a proposed 50' long x 50' wide (top width) x -4' MLW deep boat basin. An approximately 25' long x 4' wide finger pier would be constructed parallel to the boat ramp. The proposed access channel would extend from the boat basin for a distance of approximately 340' in length x 30' width (top) x -4' MLW deep. Excavation is proposed to be accomplished by the use of a hydraulic dredge with the approximately 1,250 cu. yds. of spoil material being pumped to an irregularly shaped diked disposal area. The applicant's engineer has calculated that the dike would contain approximately 1600 cu. yds. of material. 10. ANTICIPATED IMPACTS: It is estimated that the proposed excavation will directly impact approximately 3,000 sq. ft. of sea grass vegetation and potentially 13,000 sq. ft. of shellfish bottom. This, however, must be confirmed by an appropriate survey which has not been done as of this date. The approximately 1,250 cu. yds. of primarily sand/silt material to be excavated would be placed in a diked disposal area which should be adequate with property monitoring. Additionally, the boat ramp construction would cause approximately 240 sq. ft. of bottom area below the MHW line to be filled with approximately 4 cu. yds. of concrete. PREPARED BY: CHARLES O. PIGOTT DATE: November 9, 1992 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name John P. McLean, Agent 101 Manatee Street City Cape Carteret State N.C. Zip 28584 Dayphone919-393-2129 Landowner or X Authorized agent b. Project name Mile . Coastal Mobile Estates c. If the applicant is not the landowner, also give the owner's name and address. Coastal'Mobile Estates. Inc % Thomas F. Adams Jr P.O. Box 19764 Raleigh, N.C. 27619 2 LOCATION OF.?ROPOSED PROJECT a, Street address or secondary road number Mobile Drive @ Bogue Sound If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance of existing channel c. Will the project be for community, private, or commercial use? Private, Coastal Mobile Estates has approximately 139 private residences. d. Describe the planned use of the project. Channel will accommodate boat traffic. from shore to Bogue Sound 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 350' wide by 2.100' long b. Size of individuallot(s) 5,000 SF to 8,000 SF c. Elevation of tract above mean sea level or National Geodetic Vertical Datum + 6' MSL to + 20' MSL ov.er.all d. Soil type(s) and texture(s) of tract Sandy soil e. Vegetation on tract native grasses b. City, town, community, or landmark Atlantic Beach f. C. County Carteret g d. Is proposed work within city limits or planning jurisdiction? Y e s e. Name of body of water nearest project Bogue Sound 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a hdme, motel, marina, bulkhead, or pier). maintenance excavation, _approximately 1250 cubic vards +/— Man-made features now on tract mobile homes and associated improvements (drives What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation t/Transitional _Developed Community _Rural _Other h. How is the tract zoned by local government? MObile Homes i. How are adjacent waters classified? j. Hasa professional archaeological survey been carried out for the tract? No If so, by whom? mmrnmr� i lip 12/89 OCT 2 6 1992 1.1 I.JUC _�t, � I 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. There is no development planned since the area is developed. a. Type and number of buildings, facilities, or in structuresproposed Not Applicable n, b. Number of lots or parcels Not Applicable c. Density (Give the number of residential units and the units per acre.) Not Applicable d. Size of area to be graded or disturbed 2/10 acre for disposal site and extension of ramp (20 feet+/—) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? No, Not Applicable f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. Not Applicable g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. concrete for ramp extension (20'+/— h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N o Not Applicable i. Describe proposed sewage disposal and/or waste water treatment facilities. Existing septic tanks systems for existing residences. j. Have these facilities received state or local approval? Yes, old construction, not new construction k. Describe existing treatment facilities. individual septic systems 1. Describe location and typc'of discharges tq waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). runoff from existing streets and mobile homes Water supply source Town of Atlantic Beach If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. Not Applicable o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? Not Applicablt� 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth 350' 30' 2.5' averag 50' 50' 3' s 150' so' -; b. Amount of material to be excavated from below water level in cubic yards 1,250cubic yards c. Typeofmaterial SAnd d. Does the area to be excavated include marshland, swamps, or other wetlands? No � e. High ground excavation, in cu iR� �r`ds;..'n : 41) f. ; Dimensions of coil disposal area c. Shoreline erosion during preceding 12 months, in 199 ULLK 5o'x156t) feet Not Applicable g. Location of spoil disposal area . Adjacent to— d. Type of bulkhead material Not Applicable 3oaue Sound — see sketch h. Do you claim title to the disposal area? Y e s If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Y e s If so, where? Ssmp ai t-P in future e. Amount of fill, in cubic yards, to be placed below mean high water�r-_%T8s. f. Type of fill material _ Q%CIEErB poK RAPAE 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow - swamps, or water areas? ing items must be submitted: k. Will the fill material be placed below mean high A copy of the deed (with state application only) or other water? _ Yes, concrete ramp (sectionInstrument under which the applicant claims title tothe (5 CY )1. Amount of fill in cubic yards 12' x 20' x 6" affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the m. Type of fill material concrete poured deed or other instrument under which the owner claims title, plus written permission from the owner to cant' out n. Sourceo�fillmaterial commercial source, the project. o. Will fill material be placed on marsh or other wetlands?_ Only the portion of ramp. p. Dimensions of the weLland to be filled 12' x 20' section north of ramp q. How will excavated cr fill material be Lepton site and erosion controlled? Diked area will provide an area of storage of the excavated material. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge, small ``dozer, dump trucks & back hoe s. Will wetlands be crossed in transporting equipment to project site? NN ° If yes, explain steps that will be taken to lessen environmental impacts. Not Applicable 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap None on this j o b b. Average distance waterward of mean high water or D� norm al water level Not Applicable 12/89 An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be.accepted. Blue -line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency*personnel unfamiliar with the area to the site. 'Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. N / A A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. �►7^ 7r1P�rinrr, �I I-: . OCT 2 61992--------------- �Il S€.P 1 a 1992 it l -------"-------- Name William D. MUnden, Jr. Address P.O. Box 69 Morehead City, N.C. 28557 Name John T. Flynn Address P.O.Box Atlantic Beach, N.C. 28512 Name Address. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Bulkhead & Pier permit f8814 (work completed summer 92) A check for $100 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. Not Applicable A statement on the use of public funds. if the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Not Applicable 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program.. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the 15 ayof SE tember ,1992. X L4oh.7'McLean, nuthorized agent Agent i Ipi -'t OCT 2 6 lggr° 4 12/89 F .101 1 1 0 ��. 6 I 'l u � R ' lA - Ill! �• lift LEE All. Lw \'t � ;•t IAi '+ NEPORT /., rrr I'a mIf .t•� i).t•:,' E' O �W PORT )� '� 11 Y'�'i i��S{gyp / R tl• - R.F p '_ •`v'`� I LUJ t .. d 11LL I y p I.allon- �' a w a. rl 1QraE. +., rM uu rq Id C. CITY rD)T,Ii >a^.�.%/// •/1� ... : T'TI h+ I WATERWAY I 1' .l..;C F5iFL' ,�I .. 1 .. - K"•-xc - + U I1 �r /,m,�.. ..( _y"� B ♦) A NCR u nd'<JLry�L:M eEAa,11,1, ,OQ'rD011 ' ��, ) •c II.f ) �-Y f rtM t11 �� HR K1gLL Lg116! 1 l �T MJNI EEAOI I r B I }V : A tr 1 CARTERET COUNTY NORTH CAROLINA - PREPARED KY Tilt NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS —PLANNING AND RESEARCH BRANCH IN C,X)EEKATION Willi THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISIKATION SCALE v SCALj FOR ENLARGEMENTS iwoI UIX Q IL` !OBIT r n 77 7,s7p,,sr, OCT P, ('i r 0 G Pole Pk 2 0co 5 % ....... . ....... Willis Landing c� r .... X4 4311 �imnli��641.-" - --------- MANSFIELD, N. C. (FORMERLY PELTIER CREEK) N3437.5—W7645/7.5 EDITION OF 1951 PHOTOREVISED 1971 AMS 5653 Ill NE —SERIES V842 ����>✓ you iAD 3•I' pRDpnrm Ml)IhEd4a( 30' uJ I De— � 35O I LO cEpn- MIEPAGc = 2 PbSED TogtAloc, BAS1�1 50 wtDE c5o LONG } X ✓' DEEP -TE)TAL CuF K— '-YA2D5 = 1Z5bt 4.2 eYis-poc, (M4-w) 4.o 3.2 < Ti V PRbFO5ED 50'x T�'IZ�.!/tiles BA511� jc �, w�TAFER p ort R�5 ED 12x 20 CorIG . RAMP EXTEN510F1 B 4WM7 _ z ��•� BULK{-IEAD is t4WH +S. AM LC EIJi PRo PEZ\lr nwli�Re WEa�li IIJtLu LM D. M 01\�L�]I, 1?O Boy MOREAEAD CITY,NC T4l5�lw. 2 S 657 Mlill1E . kornt bDJAcef:r FFo�xYY OdJ IJ612 e EAs-1- JOHIJ T. PLYtN AaTLA,�, c 5ELZd� IJC Z0�I7- -k �3.11 .3.p .r=VISTHJG IZX4z + FF-LL e10415 NJZE 5,Wlb old MLW . fIPE co • �JUSfif LC� ld W1G!5 m PIER ACTwA- ¢��c25 FlOSFJZ I, I' LNG. RAMP kv MA5WZ'-( 9013BLE •••, � �_, ror: oYER�lO W r'�Ce,pl lSEf DLTAIL� IS IfjREUULARILf DIKE= --o �EFAIt`i d I Goo C.L(± u o idl7ll NCa RopowQY REVISED DATE � (?- MGKhF4 GRAM 0.t!, C� NOr D15TURB� 1`W 1{�1 ® NOTE : IzEMOdF O N L I 2 PIOF- TREES 0 WNEA SUIIphj(, .DIK PROPO E v/,INiE7lA>!CF DREDGI.NIG DF 1=YJSTING C_N awl ra >=L C6d5TAL M661LE ESTA-rE6 drLdJ nc sE-&-- 1 MC E�RfFF'rT CaArY lD--lz-q 5CA LE I„ - (00' PRe PAID A 3PMcLE0ti1 PE CAP£ G��TEKtr- AL 4F!-i3Z' Ek6TIM6. KPrMP lib I?E REMOVED —KEfwhY LPRbP05M QAM IP VGTQI L r 1'5[AILE �Jo6UE SduhLD I✓�CcavaTr! FkORM D EXLAVATI DId PRDP05ED CnNC_(FE'IE RAMP �XTErI51��1 X LD � (St=e DETAi L) R---MDVE 4� ± SCc.TIbIJ DF fI1IG P-Ar,/,. rq PnOrx DY 8�.'t7P, Co�lti,�rinn— d :.• as 611MW. WiN- 2,5 FE-9MAMA 4i I SALT ?Rt ATED PIuNGS Z)4& . fp l 54LT TRE/�IEI 2x8 a,4 faµ, SALT - TREATED SfmoGERS F1zaPos� 4'x25h f� 11J6ER PIER f=OF rg"pove.j,,v. j TiE-eFF 5' ZDP05 ED - r114CK PIIZ `�"d RAMP E�Ct61Jh10�1 F10T Ta SCALE � �2II 4/11L/I Iy�r coo NOT P15TUR6 0 gL)LKNE�� REVISED ,DATE�9`a mper2E:D MAIr1rwiI,[.E. p E71) I, 1G # t FW FORK fbl COASTAL MOBILE E51-AYE5 ATLANTv- QEACA tX C&RTERET coo) T\( to-z5-qz , E 317,. 717ri '-APE CAMRE.T , NC_ i 30' ML\rf �(15TIN6 i30Ti7AVi FRo&,M �iZIE54 MAX• t ��f� 2 z CROSS SECTIOoJ of MAW C+AWJEL fJDT Ta S"4LF So ' 7w,., FOTA IF, 2' CR05� St C_ T IC)t l 6v TUR1\I10G Fil' H4. �lor -ro s-ht_� ECTIDel -�'j �kOPD5ED MalmTEt4ALJL7 GREDYJW6 of E,)65rlMG C No r.(nl E L_ CbA6TAL MnSlLe E,6TATE'!5 ATLANTIC 13EW-IA 9 NG CAR1-EREI cDUNTtr lb-zl-9z GYO J PM°LE-ArA PE. cAPe- CARTEKET9 a �'I`l-3q3-2z1� 6orSON blA IJ '' — l/ OV EFL O U-� P� PE KEM DV6gLE 2x�, PLRAKS TYP►ca�. o�/���v�.1 @ DIK� t.I6T � SCALE 2x.4 ort Qx� (a.4 PEI�I.—f 1 seLr -r�Ea-rm w r!� g SZsLT TRELiiEfJ 2X8 6T7,10GE.2S (d•454LT ) OCT 2 6 i�d2 II)E 4.1L5 FOK. PROFWIIF-iv IWMVEWRTTy rOK 06WAL Ma31LE 107VI- -. AIIAWK 1?5EACF4 , 4c G�IZTc�T _ CavNTr 9-� iPMcL"C�a,.,r�.! �4�' t-AClt�E7' !JG NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental concern as designated under the CAMA was received on October 28, 1992. According to said application, Coastal Mobile Estates, Inc. is proposing to extend a boat ramp, excavate a turning basin and access channel, and construct a finger pier off Hwy. 58 and Bogue Sound, in Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Charles Pigott, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., (919/726-7021) during normal business hours. Comments mailed to Roger N. Schecter, Director, Division of Coastal Management, P. O. Box 27687, Raleigh, N. C., 27611, prior to December 18, 1992, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Friday, November 27, 1992 To: John Dorney Planninq Branch R�'�'lck 1992 DIVISION OF ENVIRONMENTAL REVIEWER: GREGS WQ SUPERVISOR: ADKINS DATE: DecembAior,1992 h WETLAND' INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 92662 COUNTY: Carteret PROJECT NAME: Coastal Mobile Estates, Inc. PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: 11/12/92 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Bogue Sound CLASS: SA STREAM INDEX #: 20-36-(8.5) *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: OW (seagrass) WL REQUESTED: .07 WL ACR EST: Yes HYDRO CNECT?: Yes WL SCORE: N/A MITIGATION: No MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: Deny STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to extend a boat ramp, excavate a turning basin and access channel and construct a finger pier. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #2663 for boat ramps in non -wetland sites. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Existing septic tank TO BE PERMITTED BY: N/A IF BY DEM,'IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 240 sq. ft WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? Yes IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) AFC l g/7 99� North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary December 10, 1992 MEMORANDUM TO: /John R. Parker, Jr., Chief Major Permits Processing Section Division of Coastal Management, DEHNR Colonel Walter S. Tulloch, District Engineer Army Corps of Engineers, Wilmin ton District FROM: David Brook Deputy State Histonrvation Officer Division of Archives and History William S. Price, Jr., Director SUBJECT: Coastal Mobile Estates, Inc., NC 58, Bogue Sound, Atlantic Beach, Carteret County, ER 93-7741 We have reviewed the above permit application concerning proposed plans to extend boat ramp, excavate turning basin and access channel, and construct finger pier. Alerted by this information, our staff inspected the project specifications carefully and determined that the dredging for the turning basin and access channel constituted a minor bottom disturbing activity. We, therefore, recommend that no underwater archaeological investigation be conducted in connection with this project. We would like to notify you that this project should be undertaken with caution. If during construction submerged materials are encountered, it is the responsibility of the Army Corps of Engineers -Wilmington District to notify our office immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28, Article 3: Salvage of abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard KimrTW EastJones Street 0 Raleigh, North Carolina 27601-2807 IL 92662.Dec Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: Per Division of Coastal Management field investigations, the proposed excavation will remove approximately 3000 sq. ft. of seagrass vegetation and potentially 13,000 sq. ft. of shellfish bottom in class "SA" open waters. Such a removal of use is inconsistent with 15A NCAC 2B .0201. Per'the CAMA Bio-report, the impacts to shellfish bottom must be confirmed by survey. It is my understanding the applicants will stake the proposed alignment and that DMF will be conducting a shellfish survey of the area in the near future. If this survey confirms the DCM field report, this Office recommends denial of the CAMA Permit. cc: Central Files Wilmington Regional Office Files DCM-Charles Pigott John Parker