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HomeMy WebLinkAbout112-96 North Carolina State Ports Authority(M Permit Class Permit Number STATE ORNORTH-CAROLINA Department of Environmen .'Healtli &Natural Resources Major DevehipMent in an Area of•'Envrronmental Concern pursuant to NCGS 113,=1'18 0 w\y'{ QUAM NDER 1 Excavation and/or fillingpuisuant to NCGS 113-229 112-96 Issued to North Carolina State Ports Authority, P.O. Box 9002, Wilmington. NC 28402 authorizing development in Carteret County at Ngm�port River. north of Aviation Fuel Terminal on west side of Radio Island, as requested in the permittee's application dated5/13/96 including attachedwork-plan drawings 1 of 6 dated 5/5/96 and 2 of 6 through 6 of 6 dated 5/13/96. This permit, issued on �/s 9� is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Mooring Field Construction and Use NOTE: The authorization of this mooring field in no way approves any upland development on Radio Island nor establishes any precedent for future development of the island. NOTE: This permit only authorizes the mooring of barges associated with the importation of rubber products into the Morehead City Port Terminal. Any change in the importation product will require a modification of this permit. 1) The permittee must install and maintain, at his expense, any signal lights, markings or signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on the buoys and moored barges. If not otherwise required by the U.S. Coast Guard, the buoys shall be lighted with a slow flashing white light. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. o� Roger No5checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. State Ports Authority Permit#112-96 Page 2 of 2 ADDITIONAL CONDITIONS 2) In order to preclude possible damage to area bridges and other facilities, the State Port Authority must obtain written approval from the U.S. Coast Guard that an acceptable heavy weather protection and recovery plan has been developed for the fleeting area. Documentation of this approval must be provided to the Division of Coastal Management prior to initiation of construction of the mooring facilities. Any violation of or deviation from the plan approved by the U.S. Coast Guard will be considered a violation of this CAMA permit. General 3) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. 4) It is possible, that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored vessels. The permittee shall not hold the United States liable for any such damage. 5) This permit does not authorize the interference with any existing or proposed Federal Project 6) The Federal Government does not assume any liability for: A. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or natural causes. B. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on the publics behalf. C. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. D. Design and construction deficiencies associated with the permitted work. E. Damage claims associated with any future modification, suspension, or revocation of this permit. 7) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960535. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199603575. State 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 August 6, 1996 N. C. State Ports Authority P. O. Box 9002 Wilmington, NC 28402 Dear Sir: URV 1t •�' L IDEHNR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John Parker, Jr. Major Permits Processing Coordinator JRP.jr/amw Enclosure P.O. Box 27687, ♦ FAX 919-733-1495 Raleigh, North Carolina 27611-7687 � An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/l0% post -consumer paper Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT RADIO ISLAND a. Landowner: Name NORTH CAROLINA STATE PORTS AUTHORITY Address P.O. BOX 9002 City WILMINGTON State NC Zip 28402 Day Phone 910/343-6232 Fax 910/343-6237 b. Authorized Agent: Name NORTH CAROLINA STATE PORTS AUTHORITY Address 113 ARENDELL STREET City MOREHEAD CITY State NC Zip 28557 Day Phone Fax 919/726-1190 919/726-3158 C. Project name (if any) BARGE MOORING FIELD NOTE: Permit will be issued in M of /anndowner(s), and/or project Mme. 2. LOCATION OF PROPOSED PROJECT a. County CARTERET c. Street address or secondary road number NA d. Is proposed work within city limits or planning jurisdiction? x Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) NEWPORT RTVER/BoGU E SOUND 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. PT ACEMFNT OF DNrRORF.n MOORING RUCYS FOR LASH RARGE ZIZF-PTNG SITE. b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK c. Will the project be for public, private or commercial uSe? COMMERCIAL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. MOORING BUOYS WILL BE ANCHORED FOR BARGE FLEETING BETWEEN AND DURING LASH BARGE OPERATIONS AT THE PORT Revised 03/95 �r�w •�atwAM�lI1A Form DCM-MP-I 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract APPROX. 5.4 ACRES b. Size of individual lot(s) NA c. Approximate elevation of tract above MHW or NWL NA d. Soil type(s) and texture(s) of tract RIVER/SOUND BOTTOM (SAND&SILT) e. Vegetation on tract NA f. Man-made features now on tract NA g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? DEVELOPED i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cenficate, if applicable) j• Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _ x No 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other If yes, has a delineationbeenconducted? (Attach documentation, if available) in. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the.state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) NA o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name AVIATION FUELS (LESTER MURPHY) Address P.O. BOX 538,BEAUFORT,N.C. 28516 Phone 919 26-314 Name ANDREW MIDGETT(AUTHORIZED AGENT) Address 113 ARENDELL ST.MOREHEAD CITYtNC Phone 919/726-4068 18557 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that 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 approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the J5� day of (A—aI , 19-j42. Print Name Signature Landowner or Authorized Agent V 21 Please indicate attachments pertaining to your propos— project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each anachment in the space provided ; rgi;L(a= MAY 1 5 1996 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers Yes —No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes —No (7) (9) (9) (10) (i) Number (ii) Length (iii) Width Number of slips proposed _ Proximity of structure to property lines Width of water body Water depth at waterward MLW or NWL adjacent riparian end of pier at Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) (2) X Commercial Community _ Private Number 4 (WITH ANCHORS) (3) Description of buoy (Color, inscription, size, anchor, etc.) REP. ATTACHMENTS (4) Width of water body — 1500 FT- (5) Distance buoy(s) to be placed beyond shoreline ± 100 FT. f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) NORTH/aROLINA STATE PORTS AUTHORITY AppG t o Pro'ect e Signature Executive Dire r S - r SIGNA Date EXECI DIREC a BEAUFORT-MOREHEAD CITY AIRPORT PROJECT DEPARTMENT OF ENGINEERING BARGE FLEETING AREA VICINITY MAP muff PE M-1�1 11F. wn• 1Y. s�ep� Kw � , 1 / I 1 cI Z l 1 1 1 0 x I > z II 1 �aJr� x � z , r z 1 r I I PROJECT SITE ROGUE SOUND NEWPORT RIVER 3 w J❑ 0000 AVIATION FUEL TERMINAL a ,1 0 RADIO ISLAND DEPARTMENT OF ENGINEERING PROPOSED BARGE FLEETING AREA LOCATION MAP . a nmou/k PE N. H-111 au. waa au. LW" SHEET OFFSET aurc wv� \ • Y �Z \ 41 O 0) 15' OFFSET 55' OFFSET 1 NCSPA \l ANDREW a/ / MIDGETT, \ AGENT �F NCSPA P�Rax o. �Q / NCSPA / er oavNux rtxCE oo° o AVIATION FUEL TERMINAL INC. 3 I-� CA DEPARTMENT OF ENGINEERING PLAN PROPOSED BARGE FLEETING AREA �.n an mr�u ov l m �OEm. 1 12dN1, PL PRG1 Ma Im 00! "p. AI R E�� mm 100 740'f BOUY (TYP) TYPICAL BARGE 60' X 30' M LW WEIGHT (TYP) VARIES ANCHOR (TYP) SECTION A - A 680'f MLW —LVARIES SECTION B - B o DEPARTMENT OF ENGINEERING 3 BARGE MOORING SECTIONS i.. PROPOSED BARGE FLEETING AREA • er .va,E.n mr m.w,u • t1�CEt 1 11EL11K Pm mx as • piny we cur. �PIION Mre SEhL SHEET 5 OF 0 9.5' X 7' X 2' REINFORCED CONCRETE BLOCK (TYP) TYPE MB - MOORING BOUY (SEE SPECIFICATION SHEET) 45' 90' OF ANCHOR CHAIN (TYP) 12,000 LB. SHIP (SEE SPECIFICATION SHEET) ANCHOR (TYP) (SEE SPECIFICATION PLAN SHEET) 45' OF ANCHOR CHAIN (TYP) WATER LINE (SEE SPECIFICATION SHEET) VARIES BOTTOM o ELEVATION DEPARTMENT OF ENGINEERING a ANCHORING SYSTEM FOR PROPOSED BARGE FLEETING AREA f'' uoncm an rowK � FIFFYM/. PE �Cj�jj Ma N-1M OESk i�f. •n• 1 �4 cm 61/J1f. FIEV m7rna DAre SEAL3iEEf a aF 6 3 Lo 1 I g q �� ,'L°j• �O• erg. a 7 \ I ry �gq 'g ary A $ � ♦ g• 1. ry I m• a g WAR jNE. J I Z aw x? U J 1 NCSPA ` ANDREW v0 MIDGETT, 4 \ AGENT /Zro 70� . / NCSPA = �O O NCSPA / r�OMMM FMM 00.0 AVIATION FUEL TERMINAL INC NOTE: SOUNDINGS TAKEN FROM SURVEY BY McKIM & CREED, DATED 8/8/95. I State 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 FACSIMILE i� OFFICE: FAX #: \ — FROM: # PAGES: COMMENTS: (including cover sheet) .!XAIT pja HNFi %--'�A �. P.O. Box 27687, Equal opportunity AtfirmativelActtion Employe Telephone 50%rled -- o p�9 consumer paper 1495 rA.k DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSIVIITTAL/PROCESSING RECORD A) APPLICANT: NC State Ports Authority (LASH Barge Mooring Field) COUNTY: Carteret LOCATION OF PROJECT: on the west side of Radio Island and in the Newport River DATE APPLICATION RECEIVED COMPLETE BY FIELD: May 15, 1996 FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Charles Jon5sCOFFICE: Morehead DISTRICT MANAGER REVIEWB) DATE APPLICATION RECEIVED INRALREC'D: $ �PUBLIC NOTICE REC'D: ATE: 26-9( ADJ. RIP. PROP NOTICES REC'D:REC'D: APPLICATION ASSIGNED TO: ,, o ce ON: � — -I — 9 b C) 75 DAY DEADLINE: % -y� % Q�j`/ 150 DAY DEADLINE: 5 MAIL OUT DATE: / ' / STATE DUE DATE: FEDERAL DUE DATE: 7 - 5 - %4 FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE lr" DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Office Coastal Management Dist. 17-9 [ % 7-t 1- 91 Div. of Community Assistance / Land Quality Section v Div. of Env. Management _/p..(r State Property Office r Div. of Archives & History G -a V/ Div. of Env. Health Div. of Highways 6"Oe Wildlife Resources Commission Div. of Water Resources _ q /. _I y Div. of Marine Fisheries ✓ MEMORANDUM: TO: DOUG HUGGETT 1 FROM: CHARLES S. JONES SUBJECT: COMMENTS & RECOMMENDATIO - CAMA MAJOR PERMIT - NC STATE PORTS AUTHORITY, CARTERET COUNTY DATE: July 18, 1996 I have no objections to the issuance of a permit for this project but would suggest that the following conditions and notes be incorporated into the permit: 1. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. NOTE: This permit only authorizes the mooring of the barges associated with the importation of rubber products into the Morehead City Port Terminal. Any change in product will require a modification of this permit. NOTE: The authorization of this mooring field in no way approves any upland development on Radio Island nor establishes any precedent for the future development of the Island. CC: Preston Pate Jeff Richter, COE RecEI VEO JUL 19 1996 COWAL MANAGEMENT State 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 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: May 31, 1996 Kathy B. Vinson, District Planner Division of Coastal Management John R. Parker, Jr. Major Permits Processing Coordinator AIN IDIHNF1 CAMA/DREDGE & FILL Permit Application Review NC State Ports Authority (LASH Barge Mooring Field) Proposed Project: y* -4-11 REc2N�� JUN'�"SU�N� GEMS on the west side of Radio Island and in the Newport River, Carteret County to place a barge mooring field over a ±5.4 acre area of the Newport River Please indicate below your office's position or viewpoint on the proposed project and return this form by June 21, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: t/ This office has no objection to the project as proposed. 6�� QA�� This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED /f� GYM. DATE G //9( P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier dl 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, NC State Ports Authority (LASH Barge Mooring Field), Carteret County DATE: June 21, 1996 The NC State Ports Authority is proposing to place a barge mooring field over an approximate 5.4 acre area of the Newport River, just offshore of their property located on the west side of Radio Island and immediately north of Aviation Fuel Terminal. Areas of Environmental Concern (AECs) impacted by the work include Estuarine Waters and Public Trust Areas. Waters at the project site are classified as SA and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1991 Carteret County Land Use Plan (LUP) Update, as amended September 24, 1993, and offer the following comments. The general area of the project is classified as Developed, while the AECs impacted by the proposed work are classified as Conservation. Applicable policies contained in the LUP include Resource Production and Management Policies for Marine Resource Areas (Page IV-11). In general, Carteret County supports the use standards for development in Estuarine Waters and Public Trust Areas. While the County makes certain exceptions to the state standards, none of these more restrictive policies appear to be applicable to this proposal. The Resource Protection Policy section of the plan references the County's support of expansion and growth of the NC State Port (Man - Made Hazards, Page IV-5). Pages I-36 through I-38 (Section I: Analysis of Existing Conditions, Economy) also discuss the importance of the continued growth and success of the port facility to Carteret County. Based on the above policies, this proposal appears to bent with the amended 1991 Carteret County Land Use Plan, provided all state requirements are satisfied. CC: Preston Pate Charles Jones Katrina Marshall State 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 ,Tune 4, 1996 I 1 ' • 1 1110 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR CAMA/DREDGE & FILL Permit Application Review 'rREC�EO Jllry 21a1996 MAWEMENi APPLICANT: (LASH Barge Mooring Field) PROJECT LOCATION: West side of Radio Island in the Newport River, Carteret Co. PROPOSED PROJECT: To place a barge mooring field over a 5.4 acre area of the Newport River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 26,1996. 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. �t This agency has no comment on the proposed project. OF 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 27687, �y� FAX 919-733-1495 � C An Equal Opportunity/AfflrmaHve Action Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293 50% recycled/10% post -consumer paper State 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 C) FEE HNf=11 May 31, 1996 I n MEMORANDUM. �� JUN 04 1996 TO: Mr. Charles Gardner, Director D IrJUN Division of Land Resources COASTA4 PV NEBFROM: John R. Parker, Jr. Major Permits Processing Coordinator MM MANAtseffliLlIf SUBJECT: CAMA/DREDGE & FILL Permit Application Review ,e Applicant: NC State Ports Authority (LASH Barge Mooring Field) Project Location: on the west side of Radio Island and in the Newport River, Carteret County Proposed Project: to place a barge mooring field over a ±5.4 acre area of the Newport River Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 21, 1996. If you have any questions regarding the proposed project, please contact Charles Jones 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. ,�L,�� a•s�"E'"J This agency approves of the project only if the reconended changes are incorporated. See attached. XG T+ lrttilD�rsTJQSAtxE 11Vn�JES GwC AcPG o2 rtoe6 ) 5e.D,mWr LEeasowJ tsrJCeol. ()LAAAPPl IS {ZfgW 2ED. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 i 199(a P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State 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 lu 1I113 [f1:L•A11ino] TO: FROM: SUBJECT: June 12, 1996 P. A. "Ski" Wojciechowski Division of Marine Fisheries John Parker Major Permits Processing Coordinator EDFEE HNR CAMA/Dredge and Fill Permit Application Review � 0 T R `D 2 4 1996 DMF-PUB. TRJSUBW!rI 'S APPLICANT: NC State Ports Authority (LASH Barge Mooring Field) PROJECT LOCATION: West side of Radio Island and in the Newport River, RECEIVEO JUL 3 1996 COA3fAL MANAGEMENT PROPOSED PROJECT: Proposing to place a barge mooring field over 5.4 acre area of the Newport River. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project locationsFdesign— op CNCf4r- 0.5' NoTto F � iU,Pdia.B770 o% S/W,09 - 90�y7J _ There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed /iG^ " Date "W 2 P.O. Box 27687, NifA 4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State 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 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: May 31, 1996 Mr. Bruce L. Freeman, Director Division of Marine Fisheries John R. Parker, Jr. Major Permits Processing Coordinator � FE F 1 ir MAY 11Lr-- � 019% l DMF - DIREC`OP'S DrFICE � CAMA/DREDGE & FILL Permit Application Review NC State Ports Authority (LASH Barge Mooring Field) on the west side of Radio Island and in the Newport River, Carteret County Proposed Project: to place a barge mooring field over a ±5.4 acre area of the Newport River Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 21, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: __Z 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 aad /. 1# DATE 6 �696 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State 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 May 31, 1996 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator q, os�� C)EHNR JUNO ,..D DIVISION OF COASTAL MANAGE SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC State Ports Authority (LASH Barge Mooring Field) Project Location: on the west side of Radio Island and in the Newport River, 1 RECEI ED JUN 101996 COASTAL MANAGEMENT Proposed Project: to place a barge mooring field over a ±5.4 acre area of the Newport River Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 21, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: V _fit� 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. i ency objects to the project for reasons described in the attached comments. i SIGNED I DATE �5 i CC-w,Ra c.1e-5 Tnti, n,)RN P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State 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 June 4, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator IDEHNR CAMA/DREDGE & FILL Permit Application Review REcp JUp 24199� CUksr,L 64MAGflrfNT APPLICANT: NCvState Ports Authority (LASH Barge Mooring Field) PROJECT LOCATION: West side of Radio Island in the Newport River, Carteret Co. PROPOSED PROJECT: To place a barge mooring field over a 5.4 acre area of the Newport River. Please indicate below your agency's position or viewpoint on the proposed and return this form by June 26, 1996. 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. A X_ 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 tw-. Wn � u>Qa_ i, �md:�+� Date to - Z I -q ( W9(_ P.O. Box 27687, � FAX 919-733-1496 � An Equal Opportunity/AfflrmatNe Action Employer Raleigh, North Carolina 27611-7687 Nit Voice 919-733-2293 50% recycled/ 10% post -consumer paper State 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 711, IDEHNF 1 May 31, 1996 EU ��II�� MEMORANDUM: D JUN 04 1996 TO: Mr. William A. McNeil, Director DIVISION OF Division of Community Assistance COASTAL MANAGEMENT FROM: John R. Parker, Jr. LRiverrep.. Major Permits Processing CoordinatorSUBJECT: CAMA/DREDGE & FILL Permit Application ReviewApplicant: NC State Ports Authority (LASH Barge Mooring Field) Project Location: on the west side of Radio Island and in the Newport Proposed Project: to place a barge mooring field over a ±5.4 acre area of the Newport River Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 21, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: is 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 objects to the project for reasons described in the attached comments. DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 911-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State 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 June 4, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator e���r EDEHNR OA If: r . • •• a SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: NC &Ate Ports Authority (LASH Barge Mooring Field) PROJECT LOCATION: West side of Radio Island in the Newport River, Carteret Co. PROPOSED PROJECT: To place a barge mooring field over a 5.4 acre area of the Newport River. Please indicate below your agency's position or viewpoint on the proposed project and rm by June 26, 1996. If you have any questions regarding the proposed project, please co at 733-2293. When appropriate, in-depth comments with supporting data are request' REPLY This agency has no objection to the project as proposed. Mr X 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 27687, Nif FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Arflrmattve Action Employer Voice 919-733-2293 mM7!R!E7lw11f 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources V Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM 11011131 Iy:T1739 June 4, 1996 Ms. Linda Sewall, Director •: , EDEHNFR PtECE VcD Division of Environmental Health HIV. OF ENVIRppf fNJ John Parker, Jr. 61(Ty Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review APPLICANT: NC State Ports Authority (LASH Barge Mooring Field) ROJECT LOCATION: West side of Radio Island in the Newport River, Carteret Co. PROPOSED PROJECT: To place barge mooring field over a 5.4 acre area of the Newport River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Jgne20X9%.1If you have any questions regarding the proposed project, please cont er at 733-2293. When appropriate, in-depth comments with supporting data are request F r REPLY This agency has no objection to the project as proposed. a4 iGrglT 996 r This agency has no comment on the proposed project. c� This agency approves of the project, only if the recommende S ges are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SignedDate P.O. Box 27687, ��FAX 919-733-1496C An Equal Opportunity/ArflrmatNe Action EmployerRaleigh, North Carolina 27611-7687 N� Voice 919-733-2293 __ _ _ 50% recycled/10% post -consumer paper State 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 June 4, 1996 h111Mus1]�71 `�1111)!r!� TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMAIDREDGE & FILL Permit Application Review APPLICANT: NC State Ports Authority (LASH Barge Mooring Field) PROJECT LOCATION: West side of Radio Island in the Newport River, Carteret Co. PROPOSED PROJECT: To place a barge mooring field over a 5.4 acre area of the Newport River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 26, 1996. If you have any questions regarding the proposed project, please contac Parker at 733-2293. When appropriate, in comments with supporting data are request, ; XXl- REPLY This agency has no objection to the project as proposed. JUN21 L986 g Y J P J P P COASfAI MANAGEMENT This agency has no comment on the proposed project. This agency approves of the project, only if the recommence are incorporated. See attached. This agency , bje s to the project for reasons described in the attached comments. Signed (V - Date lO O % � g P.O. Box 27687, �iy�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Me" C An Equal FAX Action Employer Voice 919-733-2293 , 50% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATrENTION OF July 29, 1996 Regulatory Branch Action ID No. 199603575 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 NC State Ports Authority for a Department of the Army permit to place a "LASH" barge mooring field covering approximately 5.4 acres of non -vegetated shallow water in the Newport River, adjacent to Radio island in the NC State Ports complex in Morehead City, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 3. No excavation of waters or wetlands will occur. 4. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. 5. It is possible that the authorized facility may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7. The authorized structure and associated activity will not cauiMANAGEMENT unacceptable interference with navigation. �°0 96 1-1 ,�b 8. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 9. This permit does not grant any property rights or exclusive privileges. 10. This permit does not authorize interference with any existing or proposed Federal project. 11. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, effrey H. Richter Project Manager Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North•Carolina 27607 Mr. John Hefner 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 Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post office Box 769 Morehead City, North Carolina 28557 2 lip CAROU I ,PORTS FkC:S{�!ILL=___TRAivSiy!iSSiOti O. L � /Z FIRM: ;O�tTi-I CAROL!NA J�^lT � POD_ �S :�UTF!ORITY aJc P•RE iRA lSi.'117 !li�C: S P?.CE;Sl, INCLUDIh!G THIS COVER DER. _ -5f: 4a _ ;i YCU iI NO'" ra-CEIVI' ALI -'A' -SILL SACK AS SOON AS pOSSIBL- 'BX.TCi":1 '�"u? _n gr� rs 1� �:+1uai•{r359 �csY� �uu.t r rommander "O N-I 5th Mast Cru:rrd Di:strL:i Barge F1�s-�g �aea ?N;SPA Projc_-t No: AE-191 Tune 14, 1996 Page Two The ? CST'.- s Ill oaosj L. to cr n`ftiict a rnaor irq trc:a ad-. cenr to our prU�ertr on Radio Ldana. The prorxr ed sire is _ 5.4 acre of open k =r area r; sag;;iy 100 Ewt oJ3 of the shoreline. The mooring $--i veil c onn: n two groups of :a and b�zu> ?,4t alin_ in, to 45 ia, muaber. Each end of e h r:.R wI1 be secured by an anchored buo,-' Tfre s_v-stem will consist of a yoked. chain mooting buoy lu-a:linv to a re:tangalar c?c c . , Lij br Ili-_ ebaut is attached to the concrete through ari eye boh and coainau:s to a 1. , AAO" poonc= slips anchor (please see attached draw). The Mdth or the moorina area (fi-om anrhot tz a caer; is ` "140 feet. The ba se mooring ar.a ;-,I ba It e:1c 3 berigwr: Lb : -10 ?f" to, =25 it. mean low water coruours and .vnntb , • t least 15 fi. away from the T :SPA's _`wa corridoron the South Sid_. Ott the north side the ikikt will ci itnd. over the adjacc:ni r r, error: properr, fine but this has bin agreed upon b,- th i land owner. A C.A` A permit pppli a naif, cl-t-erAc beivv eons dered for that property wlech w-M cross over the NCSF'Ns ;jp:aiau liars. The fe-icni4r m-intaineX_Xfbr he: d Ci y T urriina' as in is in proximity to the project and one of the r<toming aucnors wM be +85 i?u aw:_y L^rn the e3gY o£ilte channel. The closest barge will be _150 fi. away, Tht; project area is, however, iixdpai rtn"ri3y by small vessel,. The waters of rLe Ne +Tort Rb . U!is ich ati m, r av ;ss SA :wrens and are rinsed to the lta*�s ng of sEie tLyi ine tiCSP 7 prod a E n•a, n rralsesnr errt and a Finding of No Sig. Eeant isgi:x:t w'aich eras 61nitted to c SLatr Clea-iug house for revi; ^?; ender the NC State Enviromnenix Policy Act (SE PA). The NCSP _ w;Ls iLfotr d on Aprit?, 1996, of the projects complianc with. SEPA- Tho bari_vs, vvitesr irr pLice% will irupact tradrian�,1 roixrs for .° ¢alIe vvss&L which a rerr't dvpe.micat on dt-,.p w•at:., ,f oaxe of bL• :v boas ntiv be able to come inshore of the banes b rt [rtoM L%aly w)7i on oli`shrn e. This win l: z a_2ic air h; n, ;. whcn the groje;.t is combined with a proposal by tb:: Niorebead Citv 1-dot's ANsccK_--on s coesttvct a pie-.- nimediately aonh of the b bj.: site. i"1 e+m»s: »ae 2 a; c m=,der S G a rdc! B g e« *� N 9zPtqjW,.:AE-I jw-,- 6 2-Tire-- 2�#mm UPw «:oU e.�J�m�«=%»s& 8 ; c a£ w Dr m z=& � LA t b� J p en I� rihe_&aState Ports- Authority . 2 7, vincznt F. «fanncffid. P£ ysti-n,E*=ctr Eucic,�=- CJc «EdGac.m+) 13:15 `a9103436280 csp.l ZOOs ?une 14, 1-96 maw NORTH CAROLINA PORTS Ct:.er Cottsaaader "O ti" 5tq Caasr Gu:1fd UET :t: I %rat�Tard S'+r�t portsmicb, -L irgitn - 23704-5004 T e: Bic r3erri Area NC -SPA Project NO,: I1-1-191 Cenfletn—Cl i T Deloof of the Cazz—A ssfety CJ zce. _ Svihnin2ton indicated, in re.,cent cerry r t-on. tbai•we should info�yott �?ciz.'i', o:Eoui tens to establiis _ aBarpMoorIng Field_ Therefore, the follo%ing- iaiorn;afion is r:�vec il�5 subsuiitcd Sort You infomoation If here at e anti p obiens or requc e tL, th'.t we must resolve please inforut is either in v riling or by telephone. North �c,lina Slat: Parts Authorfir CNC.SPI .) has began proje t dcselepment to establish a The _ G r +ohtar Aboard Sb;v (I ySM Bat-ge vfa;ang t rei3 The iocatioa is tile' ewport der, just onshore of NCSPA Jroocrri located en dtc wus +<l . of P- &O IsL-nd and imtrir lately norms of the '%X44 aorl Fuel Temlinal. F'.ZZir¢y (please see eaclosLT.$). Immetiiale nwd for this rnoodn_u field ltas came frog a ev�nt client to the Morehead City Tr-tznzn_I vinich uses LASH Barge, Irc "oia y jLi the it-,:naportation of rubber product to the Untied States In this paticul �-T ssu appjicZdu _ b --Qes are packed with raw blocks of tubbeL The rubber lad.4a ba; ges ve d:en laa4ed opts) a sm}� art theirhow port in Indonesia. After reach na port In lvioreHt ad Cuy, the c�o boigzs are uaioa&d from the ship with empty barges (from the prcvio.;s sl&ls ti t) bz�* g releacL-d and transported back to Indonesia. Tcpicalh• 45 bates s am unloaded azd rp-mmed eachvis The LAf, sbips have been visiting t%: 'Nfcnr head City T,—mwal for =1 y= and dutingg this thne ue b=es have been rafic3 to the t11rou2 9 at the Terminal This t +�ctneat a uusadsf:=ter r as east bar, �e ccc vingvaluable doctd space and frequsntty have to be mo,,ed from ere bti h to another dcp;�-adittj upon the berthiva requirements of the < uioas ships +.3sitJ t+ie ?pn- T tic men: sy3t�rt has proven to belabor and time consuc q and mmases Concrc reiazw•e to wolk'-�I's safety. \ORI,I CA =iOi:\,. i :T: s-eq iL:IFG2t � f P O Sos 900' i 104 ;. r DETAIL. Rccl . 61 Dc m 7-a9-7� VE GUARD MARINE LANTERN RADAR REFLECTOR St7LAR PANELS (TYP) OCRINii TEE MOORING B06Y MOORING L:OU'° SEE NOTES AND SPLCIFICATIONS BOLT TYPE MARINE GRADE CHAIN SHACKLE W/THIN HEX HEAD_ BOLT/NUT W/COTTER PIN NOMINAL SIZE = 2 " WORKING LOAD LIMIT = 55 TONS 1 REBAR & 3, 0" EYEGOLT NOi SHOWN { FOR CLARII'( — BOLT TYPE MARINE GRAD+E CHAIN SHACKLE W/TI HIN HEX HEAD BOLT/NUT W/COTTER PIN NOWNAL S1 E = 2 1/L/�" IVCRdiNG LOAD LMIT = 55 TONS. DETAIL - CHAIN A7iACHMEN'f O CONCRETE WEIGHT G DOOY MANUFACTURER'S EYE. MIN. 'WORKING LOAD BF 39 TONS. SIZE TO 2) 2" CHAIN SHACKLES. I' �V FOR SHACKLE SPECIFICATIONS. 2" MARINE CHAIN, SEE NOTES �DEPARTMENT OF ENGINEERINU — DETAILS - MCOR,NG ROUY, CONCRETE VIEIGFI; All'ACriA9ENT Eol. ;,i U.S. Department CommandinGOfficer n of Transportatio,•• U.S. coast uard 0% Marine Safety Office United States Coast Guard 272 N. Front Street, Suite'500 Wilmington, NC 28401--3907 Phone: (910) 343-4895 Toll Free 1-800-325-4956 Fax: (910) 343-4423 16612 19 July From: Commanding Officer, Marine Safety Office Wilmin To: Commander, Fifth Coast Guard District (can) via: Commander, Fifth Coast Guard District (m) to Subj: NORTH CAROLINA STATE PORTS AUTHORITY (NCSPA) BAq FLEETING AREA REQUEST \'� Ref: (a) NCSPA Barge Fleeting Area Request, NCSPA Pro, No.: IH-191, forwarded 14 June 1996 1. This letter is forwarded for your consideration when evaluating reference (a). 2. The following comments are provided: RECEEIVEO JUL 30 .1996 COASW WNAGEWNT a. It is not clear in the proposal if the NCSPA is requesting a Barge Fleeting Area or an Anchorage. b. Although there are no Harbor Lines established by the U. S. Army Corps of Engineers (USACE) for the Newport River, Morehead City Channel or Turning Basin, their rule -of -thumb is no construction (which this may be classified as) within a distance in feet equal to three times the adjacent project depth (including allowed;over depth) plus 10. In this case, nothing within 136 feet. I believe this proposal may not meet this 00rP criteria, and recommend NCSPA submit their proposal to the USACE, Wilmington District for comment. Y C. The proposal cites increased concerns relative to worker's safety as a consideration. If workers are employed in a fleeting area separated from shoreside support, it may actually increase the risk of personal injury. Further, although NCSPA is not requesting to control passing vessel wake, it seems a logical progression of the worker safety concerns expressed in their proposal. Should the state receive a request to create a no -wake zone the following comments should be considered. Given the location (adjacent the turning basin, the Intracoastal waterway, and less than 400 yards from a narrow channel through a railway draw bridge and under a high-rise bridge), I oppose any request to institute no -wake restrictions. A no -wake restriction would require vessels to make less way and would reduce maneuverability when setting up for these restricted maneuvering areas. A no - wake restriction would also affect vessels ability to be safely maneuvered while turning in the basin. It'°dc/' d. A heavy weather plan to include hurricane protection and recovery should be required and approved prior to approval of the request. This plan should be reviewed to ensure that Pon& 16612 19 July 1996 Subj: NORTH CAROLINA STATE PORTS AUTHORITY (NCSPA) BARGE FLEETING AREA REQUEST arrangements are in place for securing the barges in the event of heavy weather. With sail areas of the barge rafts 5401X120'X9' and 630'X90'X9' (4 rows of 6 and 7 rows of 3 empty LASH barges respectively), at what wind speed or hurricane condition must the barges be relocated, where will they be moved to and by whom? If the barges are to remain in the fleeting area, what is the necessary holding capacity of the anchors and do the proposed anchors meet the need? e. Approval of the fleeting area should be conditional on obtaining the appropriate State CAMA permits. A copy of this letter has been provided to NC CAMA. f. The proposal sites an agreement with Andrew Midgett for NCSPA to encroach over the riparian boundary line. This paw agreement was omitted from the proposal. NCSPA should be required to provide this written agreement prior to approval of the fleeting area. g. The mooring buoys and barges moored in the area must be properly marked and lighted. As indicated in the proposal, the barges when in place will impact traditional navigation routes for smaller vessels. The mooring buoys must be of the correct colors and be properly lighted. The proposal indicates that the mooring buoys will be international orange in color. As detailed in Title 33 of the Code of Federal Regulations (33 CFR) 62.35, mooring buoys are to be painted white with a blue horizontal band. Further, the anchor buoys must be lighted with a slow flashing white light in accordance with 33 CFR 62.45. h. The barges themselves are required to be lighted in accordance with the inland rules. Any lights and shapes required by the Inland Navigation Rules Act of 1980, especially light All location, color and visibility requirements will be closely monitored and strictly enforced. 3. My POC for this matter is LT DaWayne Penberthy. He can be reached at the number above, extensign 4 L T. L. RICE Copy: North Carolina Coastal Area Management v North Carolina State Ports Authority Wilmington District, Army Corps of Engineers 1. PA DIVISION OF COASTAL MANAGEMENT 'FIELD INVESTIGATION REPORT - APPLICANT'S NAME: NC State Ports Authority (LASH Barge Mooring Field) LOCATION OF PROJECT SITE: On the west side of Radio Island and in the Newport River, Carteret County Photo Index - 1995: 42-526,T-3 1984: 33-1203,S-21 State Plane Coordinates - X: 2691800 Y: 358400 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5-07-96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - May 15, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Developed (B) AEC(s) Involved: EW & PTA (C) Water Dependent: Yes (D) Intended Use: Commercial/Port Related (E) Wastewater Treatment: Existing - NA Planned - NA (F) Type of Structures: Existing - Planned - Mooring Buoys and Anchor Systems (G) Estimated Annual Rate of Erosion: NA Source - NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ± 5.4 ac. Estuarine Waters and Public Trust (Footprint) Areas (C) Other (D) Total Area Disturbed: NA (E) Primary Nursery Area: No (F) Water Classification: SA Open: No. 8. PROJECT SUMMARY: The NC State Ports Authority is proposing to place a barge mooring field over a ± 5.4 acre area of the Newport River, just offshore of their property located on the west side of Radio Island and immediately north of Aviation Fuel Terminal. FIELD INVESTIGATION REPORT: NC STATE PORTS AUTHORITY PAGE #2 9. NARRATIVE DESCRIPTION: The North Carolina State Ports Authority (SPA) is requesting a permit to establish a Lighter Aboard Ship (LASH) barge mooring field in the Newport River, just offshore of their property located on the west side of Radio Island and immediately north of the Aviation Fuel Terminal facility. The immediate need for this mooring field has come from a recent client to the Morehead City Terminal which utilizes LASH barge technology in the transportation of rubber products to the United States. In this particular LASH application, barges are loaded with raw blocks of rubber and loaded onto a ship at their home port in Indonesia. After reaching port in Morehead City, the cargo barges are unloaded from the ship with empty barges (from the previous ship visit) being reloaded and transported back to Indonesia. Typically, 25 to 30 barges are unloaded and returned each visit. The LASH ships have been visiting the Morehead City Terminal for t 1 year and during this time the barges have been rafted to the existing bulkhead at Berths 1 through 9 at the Terminal. The SPA has determined this arrangement to be unsatisfactory since empty barges are occupying valuable docking space and frequently have to be moved from one Berth to another depending on the berthing requirements of the ships visiting the Port. This has proven to be labor and time consuming and increases concerns relative to worker's safety. The SPA's proposal is to construct a mooring field adjacent to their property on Radio Island. The proposed site is t 5.4 acres of open water area roughly 100' off the shoreline. The mooring fleet will contain two groups of rafted barges totaling up to 45 in number. Each end of each raft will be secured by an anchored buoy system. This system will consisting of a yoked chain mooring buoy leading to rectangular concrete weights (9.5' x 7' x 2' concrete block) and then by 45' of chain to a 12,000 lb. ship anchor(s). The maximum width of the mooring area (from anchor to anchor is t 740'. The barge mooring area will be located between the -10' to -25' mean low water contours and will be at least 15' away from the SPA's riparian corridor on the south side. On the north side, the facility will extend over the adjacent riparian property line but this has been agreed upon by that landowner. (A CAMA Permit application is currently being considered for that property which will cross over the SPA's riparian lines - See Morehead City Pilot's Association). The federally maintained Morehead City Turning Basin is in proximity to the project and one of the mooring anchors will be t 85' away from the edge of the channel. The closest barge will be t 150' away. The project area is however. navigated frequently by small vessels. The waters of the Newport River at this location has been classified as SA waters and are closed to the harvesting of shellfish. The SPA A prepared an Environmental Assessment and Finding of No Sienificant Impact and was jsubmitted to (SEPA). The SPA was informed on April 2, 1996, of the project's compliance SEPA. 10. ANTICIPATED IMPACTS: The proposed project will result in the location of a barge mooring field over t 5.4 acres of Estuarine and Public Trust Areas of the Newport River. Excavation activities are not proposed and the filling of Estuarine and Public Trust Areas will be limited to the concrete blocks which will serve as weights. The applicant has supplied in the application package information concerning buoy size and construction, anchor chain size and dimensions, etc. Although not specially addressed, lighting or other appropriate navigational warnings should be incorporated into the buoy and anchoring design. The b rges. en in place, will im act traditional navigational routes for smaller vessels which aren't dependent on eep water. Some of these boats may be able to come inshore of the barges but most likely will go offshore, particularly when this project is combined with the proposal by the Morehead City Pilots Association to construct a pier immediately north of this site. The applicant has successfully complied with SEPA and has also included with the application package a hurricane plan which will be implemented in the event of a storm. The project will expand the Ports activities to the east side of the Newport River and as such will increase the over all capacity of the Port for additional traffic. It will also increase the capability of the Port to efficiently use LASH technology for present and future users. PREPARED BY: Charles Jones DATE: May 31, 19961 I, L STUD LINK CHAIN DIMENSIONS & TEST -REQU I REMENTS CHAIN SIZE '- DIMENSIONS ' ' TE67 R80UIRE.MENTS - ~-- - --' 1 -- L- Length Weight -^ G/ada Orris 2 Wide 3 OIL SIC. QUALITY Link Link evat par 15 __ �Proor Oenk inchm mm Length Width S Lihks Fmihet Proof B/aak Break ;.Proof /ed PIo41 I A B C_ 1App43 -Load. Lead Lead Laid�LoadLoad Lead Lead f 16 3.3/4 2.1/1 _ 12-314 365 _ 16670 _ 23745 J32?4746E9 65'8 2374EJ3220 4•1/2 2-h16 16.1/2 480 22800 34000 34000 47600 4760680001&I6 I 20 4 718 7 718 17.718 570 27900 -39800 '4600D 39000 59700 9570795011 64400 1 91600 ti� ',✓/!� 718 I 22 5- 1/4 3.110 19.114 6GC 372D0 4600D 64400 • 105000 .� . 9 7 iol 74 5S/8 35116 20•S/8 760 36800 52GC0 MCI) SS70C 73700 83600 73700. 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An spodfiwdvA& In paanaa ana Mchas. i 15IM 1-800-233-8014 Houston, Texas • (713) 644-1183 • FAX: (713) 644-1185 ii h I 2 NCSPA 7' r AREA OF AGREED ENCROACHMENT z a m ' NCSPA NCSPA G 3 0 OO° O a AVIATION FUEL TERMINAL INC. n n f'S era ="r5 DEPARTMENT OF ENGINEERING AGREED ENCROACHMENT ANDREW MIDGETT TO NCSPA Ienr�n mr meulx Q f umm PL PML N. B-,In O.flE WALD I IDC sral SHEET 1 OF t Z NCSPA v s^ = AREA OF AGREED ENCROACHMENT m NCSPA r NCSPA G D p u o O O o O O J 6' (� ! I AVIATION FUEL TERMINAL INC. DEPARTMENT OF ENGINEERING n n AGREED ENCROACHMENT ANDREW MIDGETT TO NCSPA r�ae�EAD an trm�x. afs� .�. 1 flFFm]DYl PE um aar. Die 1lnt O 1F0 u mJL/iJr. Q61 i - sv oeawnDATE ax SEAL P�f1f� SHEET 1 OF 1 NORTH CAROLINA PORTS JERREL J. FREEMAN, P.E. Chief Engineer May 13, 1996 Mr. Charles S. Jones District Manager Division of Coastal Management' PO Box 769 Morehead City, NC 28557 Subject: North Carolina State Ports Authority Lighter Aboard SHip(LASH) Barge Fleeting Area Morehead City Terminal.Facility Dear Mr. Jones: MAY 1 5 ON The North Carolina State Ports Authority requests the issuance of a C_ANLA Major Permit authorizing the establishment of a LASH barge mooring field. The proposed mooring field is needed to harbor approximately 45 barges between and during ship off- loading events at the Morehead City Port Terminal. The proposed site is approximately 5.4 acres of open waters roughly 100' off the western shoreline of Radio Island just north of the Aviation Fuel Terminal. The site location is between the -10, to -25, mean low water (m.l.w.) contours within an agreed upon riparian corridor(see attachments). The mooring fleet will contain two groups of rafted LASH barges totaling up to 45 barges. Each end of each raft will be secured by an anchored buoy system consisting of a yoked chain leading to rectangular concrete weights terminating with conventional ship anchors. The rafts' potential arc swing willbe minimized by this yoked, double anchored design(see attachments). The LASH barge technology requires.a nearby mooring site -to facilitate safe operations. The consideration of alternate locations such as Brandt Island, the upper Newport River, or Bogue.Sound resulted in greater environmental impacts(e.g. " dredging needs, wetland and nursery area impacts) as well as additional navigational restrictions, and conflicts with existing Port operations. As proposed, no Radio Island land based activities such as wastewater pumpout, trash disposal, or vehicle parking are associated with this barge fleeting activity. The project does not entail any dredging or filling of coastal wetlands and will have little or no impact on the site's water NORTH CAROLINA STATE PORTS AUTHORITY classification of SA closed. The State Clearinghouse circulated the NCSPA's Environmental AssessmentiFinding of No Significant Impact document and issued a letter of compliance with the North Carolina, Environmental Policy Act(see attachments). The North Carolina State Ports Authority hereby requests a CAMA Major Permit for the establishment of a barge fleeting site along the western shore of Radio Island. Enclosed are copies of adjacent riparian property owner notifications, a copy of the NCSPA property deeds, permit drawings, and a $250.00 application processing fee. Also, please find enclosed a Hurricane Plan strategy submitted by the James River Towing Co.,Inc. The Division's cooperation in this matter is appreciated, and if any additional information is needed, please call me at (910)343- 6228. Sincerely, NORTH CAROLINA STATE PORTS AUTHORITY H. Layton Bedsole Jr. Manager of Environmental Affairs ALP♦} t ;yrr ,'�. STATE OF NORTH CAROLINA �ij THE GENERAL COURT OF JUSTICE COUNTY OF CARTERET SUPERIOR COURT DIVISION C zyyIL NO. qG C v s /L NORTH CAROLINA STATE PORTS____.__........._, AUTHORITY, fir. '.. ... ; . C.S.C. Plaintiff, VS. MEMORANDUM OF ACTION (G.S. 136-104) MINNIE WALKER TURNER STICKLES AND KENNETH S. STICKLES, Defendants. TAKE NOTICE: 1. That on the 5th day of January, 1996, the North Caro- lina State Ports Authority, under the provisions of Chapter 143B, Article 10, Chapter 136, Article 9, of the General Statutes, instituted the above -captioned civil action in the General Court of Justice, Superior Court Division, Carteret County, by the fil- ing of a complaint and declaration of taking and notice of deposit and by service of process; that pursuant to G.S. 136-104 the interest and lands described in said complaint and declara- tion of taking and notice of deposit vested in the North Carolina State Ports Authority on that date. 2. That the above named defendants are the only persons, firms or corporations who the State of North Carolina is informed and believes may have or claim to have an interest in said lands. 3. That the tract of land affected by said taking is all of that certain tract of land lying and being in Morehead Town- ship, Carteret County, North Carolina, and more particularly described as follows: Beginning at a set iron rod in the southeast corner of the intersection of North Shore Drive and Fort Macon Street, said iron rod having North Carolina Grid Coordinates (1927 Grid Datum) N=360,109.06, E=2,694,284.53 (directional calls hereafter refer to grid data); thence N 72' 00' 35" W 125 feet more or less to a set iron rod in the mean highwater mark of the Newport River; thence with the approximate mean highwater mark of the Newport River about N 170 59' 25" E 75 feet; thence leaving the mean highwater mark of the Newport River S 720 00' 35" E 126.7 feet, more or less, to an' iron pipe in the western right-of-way line of North Shore Drive; thence with the western right-of-way MAY 1 5 19% - of North Shore Drive S 170 59' 25" W 75 feet to the point and place of beginning, contain- ing 0.22 acres, more or less, and being all of Lot 1, Block A, Inlet Island, according to a map thereof recorded in Map Book 1, page 221, Carteret County Registry; further being that property conveyed to G. D. Turner by deed recorded in Book 113, page 293, Carteret County Registry. 4. That the estate or interest acquired in said lands taken is described in Exhibit "B" of said complaint and declara- tion of taking and notice of deposit. MICHAEL F. EASLEY A ;General De is P. Myers IAssistant Attorney General N. C. Department of Justice P. 0. Box 629 Raleigh, North Carolina 27602 Telephone: (919) 733-7408 FAX: (919) 733-2946 pc.Stickles4.fm Fiefi,aand ror ofPage �iceaof the County, North Carolii CO C LU � L C C1 = M. on the.�—�� a:=y 2cordea f0 Bock � Resister of Deeds, Car _2:.�t MAY 1 5 1996 STATE OF NORTH CAROLINA COUNTY OF CARTERET NORTH'CAROLINA STATE PORTS AUTHORITY, Plaintiff, ►+t-M MINNIE WALKER TURNER STICKLES and KENNETH S. STICKLES, Defendants. STATE OF NORTH CAROLINA: GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION CT NO . % 6 C b S 109A _- cm ,. /: 29 TWELVE�1446NTHS SUMMONS FOR RELIEF TO: Minnie Walker Turner Stickles 243 Fernwood Drive - or - Box 513 Bayville, NJ 08721 Big Pine Key, FL 33043 You are hereby notified that you are summoned and required to appear and file with this Court answer to the Complaint here- with served upon you within TWELVE (12) MONTHS after the date of service hereof upon you and you are required to serve a copy of said answer upon the State of North Carolina at Raleigh, North Carolina. Upon failure to appear and file answer within said TWELVE (12) MONTHS, the plaintiff will apply to the Court for the relief demanded in the Complaint. A copy of the Complaint and a copy of the Declaration of Taking and Notice of Deposit filed with this Court are hereto attached and served upon you. This the S DtA day of MICHAEL F. EASELY Attorney General Dennis P. Myers Assistant Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 ATTORNEYS FOR PLAINTIFF DARLENE LEONARD Clerk Superior County 1996. Court of Carteret Deputy/Asst.Clerk Superior Court i Beaufort, North Car) MAY 1 5 19S6 NOTE: This summons is issued pursuant to Chapter 136 of the General Statutes of North Carolina (G.S. 136-103, 136-106, 136-107), 143E-457 and Rule 4 of the Rules of Civil Procedure. The plaintiff herein, being an agency of the State of North Caro- lina may institute this civil action without being required to give a prosecution bond or make a deposit in lieu of bond. G.S. 1-109. STATE OF NORTH CAROLINA COUNTY OF CARTERET NORTH CAROLINA STATE PORTS AUTHORITY, Plaintiff, VS. MINNIE WALKER TURNER STICKLES and KENNETH S. STICKLES, Defendants. GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FIF I� V-IIL NO. �/'G Cvs /b 1006 2: 29 TWELVE---S6NTHS SUI4IONS FOR RELIEF STATE OF NORTH CAROLINA: TO: Kenneth S. Stickles 243 Fernwood Drive - or - Box 513 Sayville, NJ 08721 Big Pine Key, FL 33043 - You are hereby notified that you are summoned and required to appear and file with this Court answer to. the Complaint here- with served upon you within TWELVE (12) MONTHS after the date of service hereof upon you and you are required to serve a copy of said answer upon the State of North Carolina at Raleigh, North Carolina. Upon failure to appear and file answer within said TWELVE (12) MONTHS, the plaintiff will apply to the Court for the relief demanded in the Complaint. A cqpy of the Complaint and a copy of the Declaration of Taking and Notice of Deposit filed with this Court are hereto attached and served upon you. This the C —z/y day of MICHAEL F. EASELY Attorney General Dennis P. Myers Assistant Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 ATTORNEYS FOR PLAINTIFF DARLENE LEONARD Clerk Superior County 1996. Court of Carteret By �� • _J--�2 i� Dep'utl//Assam rk SlInerior Court Beaufort, North Carolina LHAY1519-06U NOTE: This summons is issued pursuant. to Chapter 136 of the General Statutes of North Carolina (G.S. 136-103, 136-106, 136-107), 143B-457 and Rule 4 of the Rules of Civil Procedure. The plaintiff herein, being an agency of the State of North Caro- lina may institute this civil action without being required to give a prosecution bond or make a deposit in lieu of bond. G.S. 1-109. STATE OF NORTH CAROLINA c IN THE GENERAL ENERIOR L COURTURT OFJUSTICE FILED CIVIL NO.�i'G,-Gl/5Ih COUNTY OF CARTERET n0! I" 19: 6 .. " -5 PIN 2: 22. NORTH CAROLINA STATE PORTS AUTHORITY,_) Plaintiff ) VS. C O M P L A I N T MINNIE WALKER TURNER STICKLES AND KENNETH S. STICKLES, ) Defendants NOW .`COMES the North Carolina State; Ports Authority, plaintiff herein, and for its cause of action says and alleges: 1. That the North Carolina State Ports Authority is an agency of the State of North Carolina with its principal office in Wilmington, North Carolina; and that it possesses the powers, duties and authority, including the power of eminent domain, vested in it by the General Assembly of North Carolina. i4 That pursuant to the authority vested in the plaintiff under the.provisions of G.S. 143B-457 the North Carolina State Ports Authority is authorized to exercise the power of eminent domain and acquire lands by condemnation in the same manner as provided for the Board of Transportation by Chapter 136, Article 9 of the General Statutes; and pursuant to a resolution of the Board of the plaintiff duly passed, it is necessary to condemn and appropriate certain property described in Exhibit "B", attached hereto and made a part hereof, for public use in the construction of ships' berthing facilities and port related facilities ancillary thereto. MAY 15 ,995 -2- 3. That the exercise of the power of eminent domain by the plaintiff in this action was approved by the Governor and Council of State by resolution duly adopted at the regular meeting of that body held in Raleigh, N.C. on January 2, 1996. 4. .That plaintiff and the defendants have been unable to agree as to the purchase price of the property herein appropriated. 5. That the tract or tracts of land affected by this appropriation, the interest or estate acquired and the area appropriated are all described in Exhibit "B". 6. That plaintiff is informed and believes and upon information and belief alleges that those persons whose names and addresses are set forth in Exhibit "A" attached hereto, insofar as the same can by reasonable diligence be ascertained, are the only persons who may have or who claim to have an interest or estate in the lands described in Exhibit "B" attached hereto; and that said named persons, firms or corporations are sui 'u� ris and under no known legal disabilities, except as stated in Exhibit "A" attached hereto. 7. That plaintiff is informed and believes and alleges upon information and belief that said property is subject only to such - 3 - liens and encumbrances' as are set forth in Exhibit "A" attached hereto. WHEREFORE, plaintiff prays that just compensation for the appropriation herein set forth be determined according .to the provisions and procedures contained in Article 9, Chapter 136, of the General Statutes, including trial by jury on the issue of just compensation, if properly raised by answer, and for such other relief as to the Court may seem just and proper. MICHAEL F. EASLEY At or ey General Dennis P. Myers Assistant Attor ey General Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 N.C. Bar No. 5766 Telephone: (919) 733-7408 FAX: (919) 733-2946 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ROLF ERIK STROMBERG, being duly sworn, deposes and says: That he is Executive Director of the North Carolina State Ports Authority and as such he is the proper person to verify the foregoing and attached Complaint and that the same is true of his own knowledge except as to those matters and things stated 4 therein to be upon information and belief, and that as to those things he believes them to be ` Sworn to and subscribed before me this the-6 /-Z day of January, 1996. Notary P blic My Commission Expires: 11 (o oZ,coo pc:Stick1es1.fm c EXHIBIT "A" NAME ADDRESS Minnie Walker Turner Stickles 243 Fernwood Drive Bayville, New Jersey 08721 - or - Box 513 Big Pine Key, Florida 33043 Kenneth S. Stickles 243 Fernwood Drive Sayville, New Jersey 08721 or - Box 513 Big Pine Key, Florida 33043 DISABILITIES OF DEFENDANTS: None LIENS AND ENCUMBRANCES: Ad valorem taxes for the year 1996, which are not yet due and payable. EXHIBIT "B" DESCRIPTION OF PROPERTY AFFECTED: Those certain lands lying and being in Morehead Township, Carteret County, North Carolina, and being more particularly described as follows:.. Beginning at a set iron rod in the southeast corner of the intersection of North Shore Drive and Fort Macon Street, said iron rod having North Carolina Grid Coordinates (1927 Grid Datum) N=360,109.06, E=2,694,284.53 (directional calls hereafter refer to grid data); thence N 720 00' 35" W 125 feet more or less to a set iron rod in the mean highwater mark of the Newport River; thence with the approximate mean highwater mark of the Newport River about: N 170 59' 25" E 75 feet; thence leaving the mean highwater mark of the Newport River S 72' 00' 35" E 126.7 feet, more or less, to an iron pipe in the western right-of-way line of North Shore Drive; thence with the western right-of-way of North Shore Drive S 170 59' 25" W 75 feet to the point and place of beginning, containing 0.22 acres, more or less, and being all of Lot 1, Block A, Inlet Island, according to a map thereof recorded in Map Book 1, page 221, Carteret County Registry; further being that property conveyed to G: D. Turner by deed recorded in Book 113, page 293, Carteret County Registry. INTEREST OR ESTATE TAKEN: Fee simple, together with all riparian and littoral rights. AREA TAKEN: 0.22 acres as described above. pc:Stick1es2.fm STATE OF NORTH CAROLINA `�L C �IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF CARTERET 17,3 �..; _v �.l CIVIL NO. _ 46 CVS /G i n 2: 23 NORTH CAROLINA STATE PORT•S' AUTHORITY, ) Plaintiff-----'r-- VS. ) MINNIE WALKER TURNER STICKLES ) AND KENNETH S. STICKLES, ) . Defendants ) DECLARATION OF TAKING AND NOTICE OF DEPOSIT The plaintiff, North Carolina State Ports Authority, _.declares as follows: 1. That the North Carolina State Ports Authority is an agency of the State of North Carolina with its principal office in Wilmington, North Carolina; and that it possesses the powers, duties and authority, including the power of eminent domain, vested in it by the General Assembly of North Carolina. 2. That pursuant to the authority vested in the plaintiff under the- provisions of G.S. 143B-457 the North Carolina State Ports Authority is authorized to exercise the power of eminent domain = and acquire lands by condemnation in the same manner as provided for the Board of Transportation by Chapter 136, Article 9 of the General Statutes; and pursuant to a resolution of the Board of the plaintiff duly passed, it is necessary to condemn and appro- priate certain property described in Exhibit "B", attached hereto and made a part hereof, for public use in the construction of MAY 15 10416 - 2 - snips' berthing facilities and port related facilities ancillary theretb. 3. That the exercise of the power of eminent domain by the plaintiff in this action was approved by the Governor and Council of State by resolution duly adopted at the regular meeting of that body held in Raleigh, N.C. on January 2, 1996. 4. That plaintiff and the defendants have been unable to agree as to the purchase price of the property herein appropriated. 5. That the tract or tracts of land affected by this appropria- tion, the interest or estate acquired and the area appropriated are all described in Exhibit "B". 51 That plaintiff is informed and believes and upon information and belief alleges that those persons whose names and addresses_ are set forth in Exhibit 'A —attached hereto, insofar as the same can by reasonable diligence be ascertained, are the only persons who may have or who claim to have an interest or estate in the lands described in Exhibit "B" attached hereto; and that said named persons, firms or corporations are sui 'uris and under no known legal disabilities, except as stated in Exhibit "A" attached hereto. - 3 - 7. ,That plaintiff is informed and believes and alleges upon information and belief that said property is subject only to such liens and encumbrances as are set forth in Exhibit "A" attached hereto. 8. That plaintiff has estimated the sum of ELEVEN THOUSAND TWO HUNDRED AND N01100 ($11,200.00) DOLLARS to be just compensation for said taking; and that plaintiff has this date deposited said sum with the Superior Court of the County in which the action is pending, and the defendants herein may apply to the Court for disbursement of said money as full compensation, or as credit against just compensation, to be determined in this action. That the said interest and area as described in said Exhibit "B" are hereby appropriated and the said interest and area, together with the right to immediate possession thereof, are hereby vested in the plaintiff, North Carolina State Ports Authority. MICHAEL F. EASLEY A ey General De is P. Myers Assistant Attor ey General Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Telephone: (919) 733-7408 FAX: (919) 733-2946 N.C. State Bar No. 5766 STATE OF NORTH CAROLINA COUNTY -OF NEW HANOVER ROLF ERIK STROMBERG, being duly sworn, deposes and says: That he is Executive Director of the North Carolina State Ports Authority and as such he is the proper person to verify the foregoing and attached Complaint and that the same is true of his own knowledge except as to those matters and things stated therein to be upon information and belief, and that as to those things he believes them to be true. 4ROLFRIK STROMBERG Sworn to and subscribed before me this the 51Llvday of January, 1996. Notary Public My Commission Expires: IV 6 ooa pc:St.izkles3.fm 0 EXHIBIT NAME Minnie Walker Turner Stickles Kenneth S. Stickles DISABILITIES OF DEFENDANTS: None ADDRESS 243 Fernwood Drive Sayville, New Jersey 08721 - or - Box 513 Big Pine Key, Florida 33043 243 Fernwood Drive Sayville, New Jersey 08721 or - .. Box.513 Big Pine Key, Florida 33043 LIENS AND ENCUMBRANCES: Ad valorem taxes for the year 1996, which are not yet due and payable. EXHIBIT "B" DESCRIPTION OF PROPERTY AFFECTED: Those certain lands lying and being in Morehead Township, Carteret County, North Carolina, and being more particularly described as follows: Beginning at a set iron rod in the southeast corner of the intersection of North Shore Drive and Fort Macon Street, said iron rod having North Carolina Grid Coordinates .(1927 Grid Datum) N=360,109.06, E=2,694,284.53 (directional calls hereafter refer to grid data); thence N 72' 00' 35" W 125 feet more or less to a set iron rod in the mean highwater mark of the Newport River; thence .with -:the approximate mean highwater mark of the Newport River about N 170 59' 25" E 75 feet; thence leaving the mean highwater mark of the Newport River S 720 00' 35" E 126.7 feet, more or less, to an iron pipe in the western right-of-way line of North Shore Drive; thence with the western right-of-way of North Shore Drive S 17' 59' '25" W 75 feet to the point and place of beginning, containing 0.22 acres, more or less, and being all of Lot 1, Block A, Inlet Island, according to a map thereof recorded in Map Book 1, page 221, Carteret County Registry; further being that property conveyed to G. D. Turner by deed recorded in Book 113, page 293, Carteret County Registry. INTEREST"OR ESTATE TAKEN: Fee simple, together with all riparian and littoralrights. AREA TAKEN: 0.22 acres as described above. pc:Stickles2.fm PROPERTY DEED PROFILE LOCATION: Radio Island - Bunae Tracts COUNTY: DESCRIPTION: j-. ACQUIRED FROM: Runge Cnrnnration APPRAISAL: Carteret PRICE: $8_5, nno DEED RECORDED: Date: 1g-Z1-ti;g Book:, 316 Page: 259 PLAT: Book 294 Paae 411 Book 293 Pace 468 cEo, - Book 360 Paae 159 - APPROVALSr BOARD OF DIRECTORS 19-11-6g Extract from Minutes COUNCIL OF STATE 12-12-69 according to Deed COMMENTS: v o +inn .AR anra - Deed SeDt. 15, 19 Paae 599. SOLD TO: PRICE: APPROVALS: BOARD OF DIRECTORS COUNCIL OF STATE DATE: O MAY } r f V. u STATE OF /' w y.P14 COUNTY OF Al` - V I, W �A4 .4 0yCP�� �i� , a Notary Public in and for the County and State aforesaid, do hereby certify thet �1 4 R Q V personally came before me this day and acknowledged that he is Secretary of BUNGE CORPORATION and that by authority duly given aAd as an act of BUNGE CORPORATION �+ the foregoing instrument was signed by h1Z ti4:�fi.41f �J�Sr��%�� V�,�, itskFresident, attested by himself as Secretary, and sealed with the common seal of said corporation. IN WHEREOF, T have hereunto set my hand and Notarial 9WITNESS Seal this G dqy of e e, My commission expires: A&fry 30 /170 Notary Public HENRY MORGENSTERN Notary 1'nhlie, State of New York No. 41-8017N70 QoAified in Queens County Qert. filed with New York Co. Clerk 'I"r,n expires March 30, 1970 NORTH CAROLINA, CARTER ET OUNT {\ The foregoing certificate(s) of. `(/. .............Is certified to be correct. This instrum was presented foe registration and recorded in this office in Book Page 26: � This �/ day of 19� at! U'clockV M• / egister eels <ao It is the intention of the party of the first part to convey and there is hereby conveyed to the party of the second part all right, title and interest of the said party of the first part in and to Fort Macon Street and Fort Macon Street extended, Inlet Drive and Inlet Drive extended, North Shore Drive and North Shore Drive extended, together with all easements, rights of way, access areas, and any and all other interests incidental and appurtenant to thejands hereinbefore described, including but not limited to those certain rights included in supplemental agreement dated September 15, 1967, between Aviation Fuel Terminals, Inc., and Bunge Corporation, which agreement is recorded in Book 294, page 411; Carteret County Registry, and the reserved rights set forth in deed dated September 15, 1967, between Bunge Corporation and Aviation Fuel Terminals, Inc., said deed being recorded in Book 293, page 468., Carteret County Registry. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land, together with all privileges and appurtenances thereunto belonging to it, the said party of the second part, and its successors and assigns, in fee simple forever.,. IN TESTIMONY WHEREOF, Bunge Corporation has caused this deed to be executed in its name by its Vice President, attested by its Secretary and its corporate seal hereunto affixed, all by authority duly given, as of the day and year first above written. BUNGE CORPORATION,, y� Z.- eresldent— cretary i❑: (Y•t�!iR rCORPORATE SEAL) '.::" from said BEGINNING point runs thence South 9 degrees 08 minutes West 245.9 feet and with Aviation Fuel Terminals, Inc., West line, to a concrete marker; thence continuing with Aviation Fuel Terminals, Inc., North line a due West course 619.4 feet to an iron pipe and continuing thence a due West course to the point of intersection of said line and the mean average high water mark of of Newport River; running ence Northwardly along the mean or average high water mark of Newport River along its various meanders along a line which when measured in straight line courses and distances runs North 26 degrees 34 minutes East 550.9 feet to a point in the said mean or average highwater mark located at the intersection of said high water mark and the Westward extension of the North line of Lot No. 952 as the said lot is shown on that certain map in Map Book 2, page 203, Carteret County Registry; running thence from said point of intersection South 65 degrees 30 minutes East to the Northwest corner of said lot No. 95; runs thence South 65 degrees 30 minutes East 165 feet to a point in the prolongation of the Western margin of North Shore Drive; runs thence South 56 degrees 41 minutes East 50.69 feet, and thence continuing the same course South 56 degrees 41 minutes East 202.30 feet; thence continuing South 50 degrees 32 minutes East 69.5 feet to the point of Beginning, containing 4.62 acres of land, together with all riparian and littoral rights incidental and appurtenant thereto. There is excepted from the lands above described that certain tract or parcel of land containing .48 acres as described in deed dated September 15, 19670 by and between Bunge Corporation and Aviation Fuel Terminals, Inc., recorded in Book 293, page 4682 Carteret County Registry. TRACT NO. TWO: BEGINNING at a point on the North margin of Fort Macon Street at a concrete monument which is located at the Southwest corner of former Aviation Fuel Terminals, Inc., Lot No. 2; runs thence from said Beginning point North 50 degrees 32 minutes West 8.5 feet to a point in the Eastern margin of the railroad right of way (which railroad right of way at this point is 41.5 feet in width); runs thence North 24 degrees 30 minutes East and with the Eastern margin of said right of way 265.1 feet; thence continuing along the right of way North 55 degrees 44 minutes East 98.2 feet; thence North 50 degrees 04 minutes West 10.4 feet to a point in the said right of way (said right of way has now narrowed to 30 feet in width); runs thence North 55 degrees 44 minutes East and with the 30-foot right of way 69.69 feet to a concrete monument; runs thence South 50 degrees 32 minutes East 602.7 feet to another concrete monument; runs thence South 39 degrees 28 minutes West 420 feet to a point in the Northern margin of Fort Macon Street; thence with the Northern margin of Fort Macon Street North 50 degrees 32 minutes West 431.35 feet to a concrete monument located at the Southwest corner of former Aviation Fuel Terminals, Inc., Lot No. 3; thence continuing the same course North.50 degrees 32 minutes West along the Southern lines of Lots Nos. 2 and 3, formerly owned by Aviation Fuel Terminals, Inc., and being Lots 2 and 3 in Block C of the Inlet Isle Subdivision as recorded in Map Book 1, page 221, a distance of 132.6 feet to the point of BEGINNING, containing 5.81 acres, more or less. For back reference see deeds recorded in Book 2692 page 475, and Book 2629 page 5992 Carteret County Registry. -2- MAY 15 19ag5 h r.1'ea0 I. wnoo i :�niuvs STATE OF NORTH CAROLINA i i I COUNTY OF CARTERET DEED THIS DEED, made this' Yam' day of December, 1969, by and between BUNGE CORPORATION, a corporation organized and existing under the laws of the State of New York, party of the first part, and the NORTH CAROLINA STATE PORTS AUTHORITY, an agency of the State of North Carolina, party of the second part; W I T N E S S E T H: THAT WHEREAS, the North Carolina State Ports Authority has authorized and approved the acquisition of the lands hereinafter described; and WHEREAS, the Governor and Council of State at.a meeting held in the City of Raleigh, North Carolina, on the 12th day of December, 1969, approved the acquisition of the lands hereinafter described as required by G. S. 143-218.1. NOW, THEREFORE, the party of the first part in consideration of the sum of ONE HUNDRED DOLLARS and other valuable considerations, paid by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and rho.. convey unto the said party of the secon,� part,'( -its successors and assigns, lr; • all those certain tracts or parcels of land lying and being on Radio Csland,,Beaufort Township, Carteret County, North Carolina, and more particularly described as follows: TRACT NO. ONE: BEGINNING at a point in the Southern margin of Fort Macon Street, at Aviation Fuel Terminals, Inc., Northwest corner; DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF June 7, 1996 Regulatory Branch Action ID No. 199603575 North Carolina State Ports Authority Post Office Box 9002 Wilmington, North Carolina 28402 Dear Sirs: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received June 4, 1996, for Department of the Army authorization to place a "LASH" barge mooring field covering approximately 5.4 acres of non -vegetated shallow water in the Newport River, adjacent to Radio Island in the NC State Ports complex in Morehead City, 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, has been assigned Action ID No. 199603575. It will be coordinated by the undersigned our Wilmington Field Office. I am available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner 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 Pivers Island Beaufort, North Carolina 28516 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 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 RECeIVEO JUN 13 1998 COASTAL MANAGEMENT F"LY To ATTFHnON OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX Iago WILMINGTON. NORTH CAROUNA294o2-taao 1 v C'� e. '-� , \qq L Regulatory Branch Action ID. MgL.03575 Applicant ti C Waterway ,i,vtr Count yCc,�ic�ct' Type Work (_rccJ Mr. Larry Hardy National Marine Fisheries Service, NCAA Pivers Island Beaufort, North Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post 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 Isle. C,- les �or�e t-Aort,1eGa j_ Regional Office Division of Coastal Management North Carolina Department of Environment, Health and Natural Resourc s (a� ,Natural ox not-0nLaA r� NC. 23551 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a state ciela Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to p—'. c Regulatory Branch, W\ 1M SkJYI Field Office, telephone (QIO) sincerely, �REC E�� ✓� Jeffrey H. Richter �( 13L1996 Project Manager Wilmington Regulatory Field Office JUN�I�rS�MEN1 Enclosure MANAG Rccl. 61 Dc m 7-99-Y� GUARD MARINE LANTERN RADAR REFLECTOR SOLAR PANELS (TYP) MOORING TEE MOORING BOUY SEE NOTES AND SPECIFICATIONS BOLT TYPE MARINE GRADE CHAIN SHACKLE W/THIN HEX HEAD BOLT/NUT W/COTTER PIN NOMINAL SIZE = 2 " WORKING LOAD LIMIT = 55 TONS REBAR & ` 3,-0" EYEBOLT NOT SHOWN FOR CLARITY - BOLT TYPE MARINE GRADE CHAIN SHACKLE W/TI-IIN HEX HEAD BOLT/NUT W/COTTER PIN NOMINAL SIZE = 2 1/2" WORKING LOAD LIMIT = 55 TONS. DETAIL — CHAI ATTACHMENT TO CONCRETE WEIGHT SHALL BF 39 TONS. SIZE TO ACCEPT (2) 2" CHAIN SHACKLES. SEE NOTES FOR SHACKLE SPECIFICATIONS. 2" MARINE CHAIN, SEE NOTES DETAIL. — MOORING QOUY a DEPARTMENT OF ENGINEERING DETAILS - MOORING BOUY, CONCRETE WEIGHT ATTACHMENT d mm+ri r,c NR 11-1m R& Rm MVT DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 2. 3. 4. APPLICANT'S NAME: NC State Ports Authority (LASH Barge Mooring Field) LOCATION OF PROJECT SITE: On the west side of Radio Island and in the Newport River, Carteret County Photo Index - 1995: 42-526,T-3 1984: 33-1203,S-21 State Plane Coordinates - X: 2691800 Y: 358400 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5-07-96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - May •15, 1996 . Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Developed (B) AEC(s) Involved: EW & PTA (C) Water Dependent: Yes (D) Intended Use: Commercial/Port Related (E) Wastewater Treatment: Existing - NA Planned - NA (F) Type of Structures: Existing - Planned - Mooring Buoys and Anchor Systems (G) Estimated Annual Rate of Erosion: NA Source - NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands L- (B) Non -Vegetated Wetlands f 5.4 ac. Estuarine Waters and Public Trust (Footprint) Areas [(C) Other (D) Total Area Disturbed: NA (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The NC State Ports Authority is proposing to place a barge mooring field over a f 5.4 acre area of the Newport River, just offshore of their property located on the west side of Radio Island and immediately north of Aviation Fuel Terminal. FIELD INVESTIGATION REPORT: NC STATE PORTS AUTHORITY PAGE #2 9. NARRATIVE DESCRIPTION: The North Carolina State Ports Authority (SPA) is requesting a permit to establish a Lighter Aboard Ship (LASH) barge mooring field in the Newport River, just offshore of their property located on the west side of Radio Island and immediately north of the Aviation Fuel Terminal facility. The immediate need for this mooring field has come from a recent client to the Morehead City Terminal which utilizes LASH barge technology in the transportation of rubber products to the United States. In this particular LASH application, barges are loaded with raw blocks of rubber and loaded onto a ship at their home port in Indonesia. After reaching port in Morehead City, the cargo barges are unloaded from the ship with empty barges (from the previous ship visit) being reloaded and transported back to Indonesia. Typically, 25 to 30 barges are unloaded and returned each visit. The LASH ships have been visiting the Morehead City Terminal for ± 1 year and during this time the barges have been rafted to the existing bulkhead at Berths 1 through 9 at the Terminal. The SPA has determined this arrangement to be unsatisfactory since empty barges are occupying valuable docking space and frequently have to be moved from one Berth to another depending on the berthing requirements of the ships visiting the Port. This has proven to be labor and time consuming and increases concerns relative to worker's safety. The SPA's proposal is to construct a mooring field adjacent to their property on Radio Island. The proposed site is ± 5.4 acres of open water area roughly 100' off the shoreline. The mooring fleet will contain two groups of rafted barges totaling up to 45 in number. Each end of each raft will be secured by an anchored buoy system. This system will consisting of a yoked chain mooring buoy leading to rectangular concrete weights (9.5' x 7' x 2' concrete block) and then by 45' of chain to a 12,000 lb. ship anchor(s). The maximum width of the mooring area (from anchor to anchor is ± 740'. The barge mooring area will be located between the -10' to -25' mean low water contours and will be at least 15' away from the SPA's riparian corridor on the south side. On the north side, the facility will extend over the adjacent riparian property line but this has been agreed upon by that landowner. (A CAMA Permit application is currently being considered for that property which will cross over the SPA's - riparian lines - See Morehead City Pilot's Association). The federally maintained Morehead City Turning Basin is in proximity to the project and one of the mooring anchors will be ± 85' away from the edge of the channel. The closest barge will be ± 150' away. The project area is, however, navigated frequently by small vessels. The waters of the Newport River at this location has been classified as SA waters and are closed to the harvesting of shellfish. The SPA prepared an Environmental Assessment and Finding of No Significant Impact and was submitted to the State Clearinghouse for review under the NC State Environmental Policy Act (SEPA). The SPA was informed on April 2, 1996, of the project's compliance with SEPA. 10. ANTICIPATED IMPACTS: The proposed project will result in the location of a barge mooring field over f 5.4 acres of Estuarine and Public Trust Areas of the Newport River. Excavation activities are not proposed and the filling of Estuarine and Public Trust Areas will be limited to the concrete blocks which will serve as weights. The applicant has supplied in the application package information concerning buoy size and construction, anchor chain size and dimensions, etc. Although not specially addressed, lighting or other appropriate navigational warnings should be incorporated into the buoy and anchoring design. The barges, when in place, will impact traditional navigational routes for smaller vessels which aren't dependent on deep water. Some of these boats may be able to come inshore of the barges but most likely will go offshore, particularly when this project is combined with the proposal by the Morehead City Pilots Association to construct a pier immediately north of this site. The applicant has successfully complied with SEPA and has also included with the application package a hurricane plan which will be implemented in the event of a storm. The project will expand the Ports activities to the east side of the Newport- River and as such will increase the over all capacity of the Port for additional traffic. It will also increase the capability of the Port to efficiently use LASH technology for present and future users. PREPARED BY: Charles Jones DATE: May 31, 19961 State of North Carolina Department of Environment, Health and Natural Resources Legislative & Intergovernmental Affairs James. B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Henry M. Lancaster II, Director MEMORANDUM TO: Chrys Haggett State Clearinghouse FROM: Melba McGee Y Environmental Review Coordinator RE: 96-0511 Proposed Morehead City,�eld Carteret County DATE: March 27, 1996 at M 1�r 1ti��1 �EH�1R The Department of Environment, Health, and Natural Resources has reviewed the proposed information. The attached comments are for your consideration. Thank you for the Opportunity to review. I?alL!IiU 7 attachments -- ...............p1agog, RECEIVED MAR,? N.C. 8T47'6CL SARINGHOUSE P.O. Box 27687,ROleinh Nnr1 APR 1996 RECEIVED ENGINEERING DEPARTMENT �`' North Carolina 'zoas���L�� Department of Administration James B. Hunt Jr., Governor April 2, 1996 Mr. Layton Bedsole N.C. State Ports Authority P.O. Box 9002 Wilmington, North Carolina 28402 Dear Ms. Bedsole: Katie G. Dorsett, Secretary Re: SCH File #96-E-9000-0511; EA/FONSI - Proposed Placement of a Lighter Aboard Ship (LASH) Barge Mooring Field Near the Eastern Shore of the Morehead City Port Turning Basin The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made by state agencies in the course of this review. Because of the nature of the comments, it has been determined that no further State Clearinghouse review action on your part is needed for compliance with the North Carolina Environmental Policy Act. The attached comments should be taken into consideration in project development. Best regards. Sincerely, e2v2--i 16� Ms. Chrys Baggett, Director State Clearinghouse CB/jf Attachments cc: Region P David Bullock, State Construction Office Mt1AY_15 NNN���Nit• ����w4wwi/fi� 116 West Jones Street • Raleigh, North Carolina 27603-8003 9 Telephone 919-733-7232 ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative & Intergovernmental Affairs FROM: lv2 William Wescott Coastal Habitat Coordinator DATE: March 1, 1996 SUBJECT: Environmental Assessment & Finding Of No Significant Impact for the Proposed Mooring Field at Morehead City Port Terminal, Morehead City, Carteret County. Project # 96-0511. Staff biologists with the Wildlife Resources Commission have reviewed the Environmental Assessment & Finding Of No Significant Impact. Our comments are Wildlife Coordination Act provided in accordance with provisions of the Fish and (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), the Clean Water Act of 1977 (as amended) and the North Carolina Environmental Policy Act (G.S. 113A-1 et seq., as amended; 1 NCAC-25). The applicant proposes to install a barge mooring field approximately 100 ft. off the western shoreline of Radio Island. The prop shellfish harvest. osed project will occupy approximately 5 acres of public trust waters. Waters at the site are classified as SA and are closed to The Wildlife Resources Commission will support recommendations by the N.C. Division of Marine Fisheries concerning this project which address protection of estuarine water quality and fisheries resources. Thank you for the opportunity to comment on this project. If you need to discuss these comments please call William Wescott at (919) 927-4016. W W1fm State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management JamesB. Hunt, Jr.., Govemor Jonathan B. Howes, secretary A. Preston Howard, Jr., P.E., Director February 29, 1996 MEIVI�UM To: Melba McGee Through: John Doe From: Greg Price_+\ Subject: Mooring Field -Morehead City Port Terminal EA/Fo.NTSI Carteret County EHNR #96-0511, DEM WQ #11183 The subject document has been reviewed by this office. The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which may impact waters of the State including wetlands. The following comments are offered in response to the EA. This project is subject to Nationwide Permit #10 for mooring buoys and does not require a 401 Certification. The COE is reminded that endorsement of an EA by DEM would not preclude the denial of a 401 Certification upon application if wetland impacts have not been avoided and minimized to the maximum extent practicable. Questions regarding the 401 Certification should be directed to Greg Price (733-1786) in DEM's Water Quality Environmental Sciences Branch. cc: Monica Swihart w................. e n e m a Environmental Sciences Branch • 4401 Reedy Creek Road Telephone 919-733-9960 Raleigh, worth Carolina 27607 An Eyoal Opponuniiy Affirtnaiivc Anion Employer - 1,,,_ __ _ FAX n 733-9959 i' MAY p ?9SS State of North Carolina _ Department of Environment, Health, and Natural�T4YIS::_.___ viewing Office: _ INTERGOVERNMENTAL REVIEW —PROJECT COMMENTS Pr ml l Q1 gject Number: Due Date. After review of this project it has been determined that the EHNR order for this project to comply with North Carolina Law. Permits) and/or Y Ouestions regarding the_ approvals indicated may need to be obtained All applications, information and `guidelines rld be elative tod to these Regional Office indicated in Regional Office. plans and permits are available from the samsthe form. PERMITS ❑I Permit IO construct 8 Operate wastewater treatment facilities, sewer system extensions, 8 sewer Systems not discharging into stale surface waters. NPDES -permit to discharge P ermit to operate and construct t wastewater facilo surface water ities r into state sur'ace v:alerp. Water Use Permit Well Construction Permit ❑I Dredge and Fill Permit Permit o construct 8 operate Air Pollution Abatement facilities and/or Emission Sources as per 15A NCAC 21H. any open burning associated with subject proposal must be in compliance with 15A NCAC 2D.0520. asbestos material, omust be 0n c.ucl ining a oeonta 15A NCAC 2D.0525 which requires notification and removal prior to demolition. Contact Asbestos Control Group 319.733 0820. Complex Source Permit repuirad under 15A NCAC 2D.0800. SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Application 90 Gays before begin construction or award of construction contracts On -site inspection. Post -application technical conference usual Application 180 days before begin activity. tion On -site inspection. Pre•applicaconference usualAtltlitionally, obtain construct wastewater tr. ain permit 10 time. 30 days after receipt of eatment facility-granll after NPDES. Reply Plans or issue of NPDES permit -whichever is later. Pre -application technical conference usually necessary Complete application must be are Prior to the installation of a we " d and Permit issued Application copy must be served on each atl acent riparian rp owner. On -site inspection. Pre..lion i P perry cone may require Ease all to Fill fromlN.C. Depa tfinent oiusual. Filling Administration an Federal Dredge and Fill permit NIA NIA "The Sedimentation Polluticn Control Act o, 1 1 must be properly addressed for any land disturbing activity. An erosion 8 setlimentatu control plan will be required it one or more acres to be disturbed. Plait, filedelse of or p; dam be/ore heomnind activnv. A fee of 530 for the first acre antl 520.00 for each aoditron a acre or part mustQuality Sthe plan 'he Sedimentation Pollution Control Act of 1973 muss he addressed with respect totherefeacre Or Dart lLOrtlaccompany Se I 1 at least 30 Mining Permit On.site Surely Y ins ection usual. er bond filed with EHNR. varies with type mine and number of acres of affected land. Any area mined greater than one acre must be permiled. The appropriate bond 9 permit North Carolina Burnie must be received before the permit can be Special Ground Clearance Burning Permit . 22 ;counties in coastal N.C. with organic soils OilRehnrng Facilities r,IDam SuIL'IY Perron On -site inspection b issued. p Y N.C. Division Forest Resources It permit exceeds 4 days On -site inspection by N.D. Division Forest Resources required "i1 more than five acres of ground clearing activities are involved. Inspections should be requested at least ten days before actua; burn Is plannetl." N;A 11 permit required, application 60 days before begin construction. Applicant mull hue N.C. qualified engineer to: prepare loans. mSoecl construction. certily construction Is accoroing to EHNR ed plans. May also require permit under mosquito control r m. An a ?0.1 permit Irom Corps of Engineers An mshnr•u.....,r ogmAnd Normal Prccess Time (statutory :Ime timid 30 pays (90 days; 90-120 da.s (ruAl 30 days (NIA, 7 days_ (15 ca's. 55 Gays 120 ca •s. I 60 days (90 days - 60 ca,: s 190 pay=_. 20 cays (30 Pars 130 days: 30 days 160 daps pay (NrAI t day (NIA) 90G20 ca,s (N:AI 30 cut; (60 an, s: DAMES RIVER TOWING COMPANY, INC. SINCE 1969 November 20, 1995 — --- - - -- P.O. BOX 1164 MOREHEAD CITY, NC 28557._ TELEPHONE: (919) 808.3699 FAX: (919) 808-3998 HURRICANE PLAN - Lash barges located in the proposed fleeting area in ?Sorehead City, NC Lash barges located in the ?roposed fleeting aria will be relocated to a safe haven. This will be accompolished .by implementing the following strategy: (A) Loaded lash barges will be moved to the slip at the old fabrication plant located south of the Core Creek Bridge and North of :forehead City on the Intra-Coastal Water. (B) If the center of the storm is North or South of Morehead City we will utilize the protected Northeast or North- west corners of the NC State Port Authority's pier to shelter loaded/empty lash barges. (C) Any empty lash barges left over after utilizing steps (A) S (B) above will be pushed into shallow water aad sunk by filling their inner -bottoms with water. (D) In the :aye of a direct hit, we will utilize the pro- cedures described in (A) S (C) above and depending on the availability of Pugs move the remaining loaded lash barges north or south on the Intra-Coastal Waterway out of the affected area. CC: R. Donald McMahan NCSPA Morehead City,_ NC Robert Chambers Waterman Steamship New York, NY Plan Presented By: --ry AMES RIVER TOWING CO., INC. JACK G. VAUGHAN, PRESIDENT MAY �MM������n �►orauly-y��� State of North Carolina IT V Department of Environment, WA Health and Natural Resources • • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED FEEH N F1 Roger N. Schecter, Director May 31, 1996 H. Layton Bedsole, Jr. Manager of Environmental Affairs NORTH CAROLINA STATE PORTS AU HORITY P.O. Box 9002 Wilmington, NC 28402 Dear Mr. Bedsole: The Division of Coastal Management hereby ages receipt of your application for State approval for development of your property located on the west side of Radio Island and in the Newport River, in Carteret County. It was received on May 15, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is JVJ&,J@,W96. 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 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 S. Jones District Manager CSJ/dh Enclosure cc: John Parker Preston P. Pate, Jr. P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper May 22, 1996 Mr. Charles S. Jones District Manager Division of Coastal PO Box 769 1 > f t NORTH CAROLI NA PORTS JERREL J. FREEMAN, P.E. Chief Engineer Management Morehead City, NC 28557 Subject: North Carolina State Ports Authority(NCSPA) Barge Fleeting Permit Application, Dated 5-13-96 Morehead City Terminal Facility Carteret County Dear Mr. Jones: MAY 2 3 1996 is Enclosed are the signed return receipts from the adjacent riparian property owners associated with the North Carolina State Ports Authority's Permit request dated 5-13-96. Also enclosed, is an executed copy of the Waiver/Consent agreement from Gregory Poole Equipment Company allowing the NCSPA to encroach upon the Poole riparian right-of-way as illustrated in the 5-13-96 Permit package drawings. If any additional information is needed, please call me at (910)343-6228. Sincerely, NORTH CAROLINA STATE PORTS AUTHORITY /!'- Z-,(/( H. Layton Bedsole Jr. Manager of Environmental Affairs NORTH CAROLINA STATE PORTS AUTHORITY P.O. Box 9002 • Wilmingtm, NC 28402 • Tel: (910) 343-6227 - Fm (910) 343-6289 GregorjjtPoole-77 Gregory Poole Equipment Company PO BozAfiS^: ._. MAY 2 3 1996 ! ~uara a WAIVER/CONSENT Equipment Company, by the authorized agent J. G. Poole, Jr., hereby consents to the encroachment upon its riparian rights by the project described in the permit application by North Carolina State Ports Authority dated S�is 1996, as shown on the attached drawing. Gregory Poole Equipment Company, by its authorized agent J. G. Poole, Jr. further waives any right it might otherwise have had to object to the issuance of said permit. In the event said permit should be denied or modified so as to charge the encroachment of the applicant's project, then this Waiver/Consent shall be null and void. Gregory Poole Equipment Company B I s J. G. Poole, Jr. Sworn to and subscribed before me this 1— day of May, 1996. otary Public My Commission Expires: / /' 2g7 Raleigh Fayetteville Washington Wilmington 4807 Beryl Rd. US Highway 301 S. 8 NC 59 US Highmy 17 at Spring Rd. 151 Backhoe Rd. N.E. Raleigh. NC 27606 Hap. Mills. NC 28348 Washington, NC 27889 Leland, NC 28451 800-451 7278 800 362.7278 800-645-7278 800 641 7278 JUSTICE/PROP CONTZ«« Fax:919-733-2947 May 2 '96 10:21 P.03/03 WAIVER/CONSENT Gregory Poole Equip, Co., by its authorized agent Andrew A. Midgett, hereby consents to the encroachment upon its riparian rights by the project described in the permit application by North Carolina State Ports Authority dated 1996, as shown on the attached drawing. Gregory Poole Equip. 9uiP Co., by its authorized agent Andrew A. Midgett further waives any right it might otherwise have had to object to the issuance of said permit. In the event said permit should be denied or modified so as to change the encroachment of the applicant's project, then this Waiver/Consent shall be null and void. Gregory Poole Equip. Co.' By: w CN r'I Andrew A. Midgett Sworn to and subscribed before me this day of May, 1996. Notary Public My Commission Expires: pc:EC1.f.M NORTH CAROLINA' PORTS JERREL J. FREEMAN, P.E. Chief Engineer May 13, 1996 Andrew A. Midget 113 Arendell Street Morehead City, NC 28557 Attn. Mr. Andrew A. Midget Authorized Agent for Mr.Gregory Poole, Jr. Subject: CAMA Permit Request Notification Barge Fleeting Area North Carolina State Ports Authority Morehead City, Carteret County Dear Mr. Poole: The North Carolina State Ports Authority has applied for a CAMA Major Permit. This permit will allow the North Carolina State Ports Authority to establish a barge fleeting area off the western shore of Radio Island north of Aviation Fuels. The North Carolina State Ports Authority hereby provides a copy of the subject application. As an adjacent riparian property owner, you have thirty days to submit comments on the proposed project to the Division of Coastal Management. This certified letter's receipt will be forwarded to the Division Of Coastal Management, verifying notification. Sincerely, NORTH CAROLINA STATE PORTS AUTHORITY H. Layton Bedsole Jr. Manager of Environmental Affairs owe...-.-.._.______ NORTH CAROLINA STATE PORTS AUTHORITY P.O. Box 9002 • Wilmingim, NC 28402 • Tel: (910) 343.6227" • Fax: (910) 3,43-6289 NORTH CAROLINA PORTS JERREL J. FREEMAN, P.E. Chief Engineer May 13, 1996 Aviation Fuel Terminal P.O. Box 538 Beaufort, NC 28516 Attn. Mr. Lester Murphy Subject: CAMA Permit Request Notification Barge Fleeting Area North Carolina State Ports Authority Morehead City, Carteret County Dear Mr. Murphy: The North Carolina State Ports Authority has applied for a CAMA Major Permit. This permit will allow the North Carolina State Ports Authority to establish a barge fleeting area off the western shore of Radio Island north of Aviation Fuels. The North Carolina State Ports Authority hereby provides a copy of the subject application. As an adjacent riparian property owner, you have thirty days to submit comments on the proposed project to, the Division Of Coastal Management. This certified letter's receipt will be forwarded to the Division of Coastal Management, verifying notification. Sincerely, NORTH CAROLINA STATE PORTS AUTHORITY '-? i H. Layton Bedsole Jr. Manager of Environmental Affairs 11AY 1 5 iSsS �\\\N\\N\\\NNiN\M!• NORTH CAROLINA STATE PORTS AUTHORITY P.O. Box 9002 . Wilminut,m. NC 2A4n2 . T.A. (oin) aAA-rmT . Fir. /O�n\ ad a_Rven STATE OF NORTH CAROLINA. ��' �� THE GENERAL COURT OF JUSTICE COUNTY OF CARTERET SUPERIOR COURT DIVISION t C XXIL NO. q; C vs /G NORTH CAROLINA STATE PORTS AUTHORITY, Plaintiff, VS. MEMORANDUM OF ACTION (G.S. 136-104) MINNIE WALKER TURNER STICKLES AND KENNETH S. STICKLES, Defendants. TAKE NOTICE: 1. That on the 5th day of January, 1996, the North Caro- lina State Ports Authority, under the provisions of Chapter 143B, Article 10, Chapter 136, Article 9, of the General Statutes, instituted the above -captioned civil action in the General Court of Justice, Superior Court Division, Carteret County, by the fil- ing of a complaint and declaration of taking and notice of deposit and by service of process; that pursuant to G.S. 136-104 the interest and lands described in said complaint and declara- tion of taking and notice of deposit vested in the North Carolina State Ports Authority on that date. 2. That the above named defendants are the only persons, firms or corporations who the State of North Carolina is informed and believes may have or claim to have an interest in said lands. 3. That the tract of land affected by said taking is all of that certain tract of land lying and being in Morehead Town- ship, Carteret County, North Carolina, and more particularly described'as follows: Beginning at a set iron rod in the southeast corner of the intersection of North Shore Drive and Fort Macon Street, said iron rod having North Carolina Grid Coordinates (1927 Grid Datum) ' N=360,109.06, E=2,694,284.53 (directional calls hereafter refer to grid data); thence N 72' 00' 35" W 125 feet more or less to a set iron rod in the mean highwater mark of the Newport River; thence with the approximate mean highwater mark of the Newport River about N 170 59' 25" E 75 feet; thence leaving the mean highwater mark of the Newport River S 720 00' 35" E 126.7 feet, more or less, to an iron pipe in the western right-of-way line of North Shore Drive; thence with the western right-of-way MAY 15 im dW8Nsvzwws-• amonga gY6FspG l of North Shore Drive S 170 59' 25'-W 75 feet to the point and place of beginning, contain- ing 0.22 acres, more or less, and being all of Lot 1, Block A, Inlet Island, according to a map thereof recorded in Map Book 1, page 221, Carteret County Registry; further being that property, conveyed to G. D. Turner by deed recorded in Book 113, page 293, Carteret County Registry. 4. That the estate or interest acquired in said lands taken is described in Exhibit "B" of said complaint and declara- tion of taking and notice of deposit. MICHAEL F. EASLEY A ;:,G6neral De is P. Myers Assistant Attorney General N. C. Department of Justice P. 0. Box 629 Raleigh, North Carolina 27602 Telephone: (919) 733-7408 FAX: (919) 733-2946 pc:Stick1es4.fm Fled or O at� = M. on the of �-' 19 , and r2corde' in 6ocC Page � � 0 ice of the Register of Deeds, Cari-:4 County, North Card MAY 15 1996 �. w..a ■. n.......e e..nsss+l- STATE OF NORTH CAROLINA COUNTY OF CARTERET NORTH'CAROLINA STATE PORTS AUTHORITY, Plaintiff, VS. MINNIE WALKER TURNER STICKLES and KENNETH S. STICKLES, Defendants. STATE OF NORTH CAROLINA., GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION i fCT5IZ NO . e 201 i,Ah'!'_i "• TWELVE -MONTHS SUMMONS FOR RELIEF TO: Minnie Walker Turner Stickles 243 Fernwood Drive - or - Box 513 Bayville, NJ 08721 Big Pine Key, FL 33043 You are hereby notified that you are summoned and required to appear and file with this Court answer to the Complaint here- with served upon you within TWELVE (12) MONTHS after the date of service hereof upon you and you are required to serve a copy of said answer upon the State of North Carolina at Raleigh, North Carolina. Upon failure to appear and file answer within said TWELVE (12) MONTHS, the plaintiff will apply to the Court for the relief demanded in the Complaint. A copy of the Complaint and a copy of the Declaration of Taking and Notice of Deposit filed with this Court are hereto attached and served upon you. This the 5 �tA day of G ,r DARLENE LEONARD Clerk Superior County MICHAEL F. EASELY Attorney General Dennis P. Myers Assistant Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 .ATTORNEYS FOR PLAINTIFF 1996. Court of Carteret By, Deputy/Asst.Clerk Superior Court - Beaufort, North Carolina MAY 1 5 ism NOTE: This summons is issued pursuant to Chapter 136 of the General Statutes of North Carolina (G.S. 136-103, 136-106, 136-107), 143E-457 and Rule 4 of the Rules of Civil Procedure. The plaintiff herein, being an agency of the State of North Caro- lina may institute this civil action without being required to give a prosecution bond or make a deposit in lieu cf bond. G.S. 1-109. STATE OF NORTH CAROLINA COUNTY OF CARTERET NORTH CAROLINA STATE PORTS AUTHORITY, Plaintiff, VS. MINNIE WALKER TURNER STICKLES and KENNETH S. STICKLES, Defendants. STATE OF NORTH CAROLINA: TO: Kenneth S. Stickles 243 Fernwood Drive - or - Bayville; NJ 08721 GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FF1 71L NO. ec - CUS' /b "A 2: 29 TWELVE • i6NTHS SUMMONS FOR RELIEF Box 513 Big Pine Key, FL 33043 You are hereby notified that you are summoned and required to appear and file with this Court answer to the Complaint here- with served upon you within,TWELVE (12) MONTHS after the date of service hereof upon you and you are required to serve a copy of said answer upon the State of North Carolina at Raleigh, North Carolina. Upon failure to appear and file answer within said TWELVE (12) MONTHS, the plaintiff will apply to the Court for the relief demanded in the Complaint. A cgpy of the Complaint and a copy of the Declaration of Taking and Notice of Deposit filed -with this Court are hereto attached and served upon you. This the c �� day of MICHAEL F. EASELY Attorney General Dennis P. Myers Assistant Attorney General N.C. Department of Justice P. C. Box 629 Raleigh, North Carolina 27602 ATTORNEYS FOR PLAINTIFF DARLENE LEONARD Clerk Superior County 1996. Court of Carteret By Depu y/Ass erk S erior Court Beaufort, North Carolina MAY 15 1M9S MiWUNN NIIN�N��Ni� NOTE: This summons is issued pursuant. to Chapter 136 of the General Statutes of North Carolina (G.S. 136-103, 136-106, 136-107), 143B-457 and Rule 4 of the Rules of Civil Procedure. The plaintiff herein, being an agency of the State of North Caro- lina may institute this civil action without being required to give a prosecution bond or make a deposit in lieu of bond. G.S. 1-109. IN STATE. OF NORTH CAROLINA FILED THEGENERAL CJOURTCOURT DIVISION/JUSTICE COUNTY OF CARTERET CIVIL NO.�i'(, •G(�5 11� 1;a5 ira —5 P1 2- 28 NORTH CAROLINA STATE PORTS - AUTHORITY, :•,� i _:.:_ ) ; , l,.i.; Plaintiff ) VS. C O M P L A I N T MINNIE WALKER TURNER STICKLES AND KENNETH S• STICKLESf Defendants ) NOW .`COMES the North Carolina State; Ports Authority, plaintiff herein, and for its cause of action says and alleges: 1. That the North Carolina State Ports Authority is an agency of the State of North Carolina with its principal office in Wilmington, North Carolina; and that it possesses the powers, duties and authority, including the power of eminent domain, vested in it by the General Assembly of North Carolina. 2. That pursuant to the authority vested in the plaintiff under the provisions of G.S. 143B-457 the North Carolina State Ports Authority is authorized to exercise the power of eminent domain and acquire lands by condemnation in the same manner as provided for the Board of Transportation by Chapter 136, Article 9 of the General Statutes; and pursuant to a resolution of the Board of the plaintiff duly passed, it is necessary to condemn and appropriate certain property described in Exhibit "B", attached hereto and made a part hereof, for public use in the construction of ships' berthing facilities and port related facilities ancillary thereto. i1P�f�e�y p MAY 5 919 5 fii - 2 - 0 3. That the exercise of the 'power of eminent domain by the plaintiff in this action was approved by the Governor and Council of State by resolution duly adopted at the regular meeting of that body held in Raleigh, N.C. on January 2, 1996. 4. That plaintiff and the defendants have been unable to agree as to the purchase price of -the property herein appropriated. 5. That the tract or tracts of land affected by this appropriation, the interest or estate acquired and the area appropriated are all described in Exhibit "B 6. That plaintiff is informed and believes and upon information and belief alleges that those persons whose names and addresses are set forth in Exhibit "A" attached hereto, insofar as the same can by reasonable diligence be ascertained, are the only persons who may have or who claim to have an interest or estate in the lands described in Exhibit "B" attached hereto; and that said named persons, firms or corporations are sui 'u� ris and under no known legal disabilities,except as stated in Exhibit attached hereto. 7. That plaintiff is informed and believes and alleges upon information and belief that said property is subject only to such - 3 - 3 liens and encumbrances as are set forth in Exhibit "A" attached hereto. WHEREFORE, plaintiff prays that just compensation for the appropriation herein set forth be determined according to the provisions and procedures contained in Article 9, Chapter 136, of the General Statutes, including trial by jury on the issue of just compensation, if properly raised by answer, and for such other relief as to the Court may seem just and proper. MICHAEL F. EASLEY At or ey General Dennis P. Myers AssistJant Attor ey General Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 N.C. Bar No. 5766 Telephone: (919) 733-7408 FAX: (919) 733-2946 - STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ROLF ERIK STROMBERG, being duly sworn, deposes and says: That he is Executive Director of the North Carolina State Ports Authority and as such he is the proper person to verify the foregoing and attached Complaint and that the same is true of his own knowledge except as to those matters and things stated M therein to be upon information and belief, and that as to those things he believes them to be ` Sworn to and subscribed before me this the. /-/, day of January, 1996. Notary P blic My Commission Expires: 11 /a o2,coo PC:StiCk1eS1.fm EXHIBIT "A" NAME Minnie Walker Turner Stickles Kenneth S. Stickles 4 DISABILITIES OF DEFENDANTS: None ADDRESS 243 Fernwood Drive Sayville, New Jersey 08721 - or - Box 513 Big Pine Key, Florida 33043 243 Fernwood Drive Sayville, New Jersey 08721 - or - Box 513 Big Pine Key, Florida 33043 LIENS AND ENCUMBRANCES: Ad valorem taxes for the year 1996, which are not yet due and payable. r EXHIBIT "B" DESCRIPTION OF PROPERTY AFFECTED: Those certain lands .lying and being in Morehead Township, Carteret County, North Carolina, and being more particularly described as follows:. Beginning at a set iron rod in the southeast corner of the intersection of North Shore Drive and Fort Macon Street, said iron rod having North Carolina Grid Coordinates (1927 Grid Datum) N=360,109.06, E=2,694,284.53 (directional calls hereafter refer to grid data); thence N 720 00' 35" W 125 feet more or less to a set iron rod in the mean highwater mark of the Newport River; thence with the approximate mean highwater mark of the Newport River about: N 170 59' 25" E 75 feet; thence leaving the mean highwater mark of the Newport River S 72° 00' 35" E 126.7 feet, more or less, to an iron pipe in the western right-of-way line of North Shore Drive; thence with the western right-of-way of North Shore Drive S 17' 59' 25" W 75 feet to the point and place of beginning, containing 0.22 acres, more or less, and being all of Lot 1, Blouk A, Inlet Island, according to a map thereof recorded in. Map Book 1, page 221, Carteret County Registry; further being that property conveyed to G. D. Turner by deed recorded in Book 113, . page 293, Carteret County Registry. INTEREST OR ESTATE TAKEN: Fee simple, together with all riparian and littoral rights. AREA TAKEN: 0.22 acres as described above. pc:Stick1es2.fm STATE OF NORTH CAROLINA �L F �IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF CARTERET �r"� J_v CIVIL NO. 9 b C us / L nI, i AI 2- 23 NORTH CAROLINA STATE PORTS• )' AUTHORITY, ) Plaintiff----r - vs. ) DECLARATION OF TAKING AND NOTICE OF DEPOSIT MINNIE WALKER TURNER STICKLES ) AND KENNETH S. STICKLES, ) Defendants ) The plaintiff, North Carolina State Ports Authority, -declares as follows: That the North Carolina State Ports Authority is an agency of the State of North Carolina with its principal. office in Wilmington, North Carolina; and that it possesses the powers, duties and authority, including the power of eminent domain, vested in it by the General Assembly of North Carolina. 2. That pursuant to the authority vested in the plaintiff under the provisions of G.S. 143B-457 the North Carolina State Ports Authority is authorized to exercise the power of eminent domain • and acquire lands by condemnation in the same manner as provided for. the Board of Transportation by Chapter 136, Article 9 of the General Statutes; and pursuant to a resolution of the Board of the plaintiff duly passed, it is necessary to. condemn and appro- priate certain property described in Exhibit "B", attached hereto and made a part hereof, for public use in 'the construction of MAY 151-06 `JMnwoo Roane on"smunovvow -2- ships' berthing facilities and port related facilities ancillary thereto. 3. That the exercise of the power of eminent domain by the plaintiff in this action was approved by the Governor and Council of State by resolution duly adopted at the regular meeting of that body held in Raleigh, N.C. on January 2, 1996. 4. That plaintiff and the defendants have been unable to agree as to the purchase price of the property herein appropriated. 5. That the tract or tracts of land affected by this appropria- tion, the interest or estate acquired and the area appropriated are all described in Exhibit "B". 6. That plaintiff is informed and believes and upon information and belief alleges that those persons whose names and addresses are set forth in Exhibit "A" attached hereto, insofar as the same can by reasonable diligence be ascertained, are the only persons who may have or who claim to have an interest or estate in the lands described in Exhibit "B" attached hereto; and that said named persons, firms or corporations are sui 'uI ris and under no known legal disabilities, except as stated in Exhibit "A" attached hereto. - 3 - 7. That plaintiff is informed and believes and alleges upon information and belief that said property is subject only to such liens and encumbrances as are set forth in Exhibit "A" attached hereto. 8. That plaintiff has estimated the sum of ELEVEN THOUSAND TWO HUNDRED AND N0/100 ($11,200.00) DOLLARS to be just compensation for said taking; and that plaintiff has this date deposited said sum with the Superior Court of the County in Which the action is pending, and the defendants herein may apply to the Court for disbursement of said money as full compensation, or as credit against just compensation, to be determined in this action. 9. • , That the said interest and area as described in said Exhibit are hereby appropriated and the said interest and area, together with the right to immediate possession thereof, are hereby vested in the plaintiff, North Carolina State Ports Authority. MICHAEL F. EASLEY A ey General De is P. Myers Assistant Attor ey General Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Telephone: (919) 733-7408 FAX: (919) 733-2946 N.C. State Bar No. 5766 STATE OF NORTH CAROLINA COUNTY -OF NEW HANOVER ROLF ERIK STROMBERG, being duly sworn, deposes and says: That he is Executive Director of the North Carolina State Ports Authority and as such he is the proper person to verify the foregoing and attached Complaint and that the same is true of his own knowledge except as to those matters and things stated therein to be upon information and belief, and that as to those things he believes them to be true. 4ROLFRIK STROMBERG Sworn to and subscribed before me this the day of January, 1996. Notary Public My Commission Expires: pc:Stickles3.fm EXHIBIT "A" NAME Minnie Walker Turner Stickles Kenneth S. Stickles DISABILITIES OF DEFENDANTS: None ADDRESS 243 Fernwood Drive Sayville, New Jersey 08721 - or - Box 513 Big Pine Key, Florida 33043 243 Fernwood Drive Bayville, New Jersey 08721 - or - Big Pine Key, Florida 33043 LIENS AND ENCUMBRANCES: Ad. valorem taxes for the year 1996, which are not yet due and payable. EXHIBIT "B" DESCRIPTION OF PROPERTY AFFECTED: Those certain lands lying and being in Morehead Township, Carteret County, North Carolina, and being more particularly described as follows: Beginning at a set iron rod in the southeast corner of the intersection of North Shore Drive and Fort Macon Street, said iron rod having North Carolina Grid Coordinates .(1927 Grid Datum) N=360,109.06, E=2,694,284.53 (directional calls hereafter refer to grid data); thence N 720 00' 35" W 125 feet more or less to a set iron rod in the mean highwater mark of the Newport River; thence 'with—�the approximate mean highwater mark of the Newport River about N 170 59' 25" E 75 feet; thence leaving the mean highwater mark of the Newport River S 721 00' 35" E 126.7 feet, more or less, to an iron pipe in the western right-of-way line of North Shore Drive; thence with the western right-of-way of North Shore Drive S 170 59' 25" W 75 feet to the point and place of beginning, containing 0.22 acres, more or less, and being all of Lot 1, Block A, Inlet Island, according to a map thereof recorded in Map Book 1, page 221, Carteret County Registry; further being that property conveyed to G. D. Turner by deed recorded in :Book 113, page 293, Carteret County Registry. INTEREST'OR ESTATE TAKEN: Fee simple, together with all riparian and littoral rights. AREA TAKEN: 0.22 acres as described above. pc:Stick1es2.fm PROPERTY DEED PROFILE LOCATION: Radio Island - Bunge Tracts COUNTY: DESCRIPTION: ACQUIRED FROM: APPRAISAL: Carteret PRICE: car nnn DEED RECORDED: Date: 17—R1—Ad Book:. 316 Page: 259 PLAT: EASEMENTS: Book 294 Paae 411 Book 293 Paae 468 CE& - Book 360 Page 159 APPROVALSi BOARD OF DIRECTORS 12-11-69 Extract from Minutes COUNCIL OF STATE 12-12-69 according to Deed COMMENTS: Paae 599 SOLD TO: PRICE: APPROVALS: BOARD OF DIRECTORS COUNCIL OF STATE DATE: FLA'Y! 5 STATE OF /' yt�✓� COUNTY OF a Notary Public J. v in and for the County and State aforesaid, do hereby certify that X �4 & A -I/ A I/ f 14 personally came before me this day and acknowledged that he is Secretary of BUNGE CORPORATION and that by authority duly given aqd as an act of BUNGE CORPORATION the foregoing instrument was signed by M4 CI4:Of2,4Ii i3AlSit4IV V� r, , itsjresident, attested by himself as Secretary, and sealed with the common seal of said corporation, IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this 2 � � dqy of L) e. t%'�� �y 19 �/• My commission expires: Aat-4 30 /170 Notary Public HENRY MORGF.NSTERN Notary 1'nhlie, slated New York No. 41-8017SOO Qualified in Queens County Cert. filed with New York Co. Clerk '14rm expires March 30, 1970 NORTH CAROLINA, CARTER ET OUN The foregoing certificate(s) of,... ,1 !s ........................ . certified to be correct. This instrum was presented for. registration and recorded in this office in Book Page / L� Tllis�day of 19(o at! O'clockV M• egister eeds ' i Y• . ' ot'%� Y .irJ: n�:�Ji• t:��ti. �•Jr''::: v It is the intention of the party of the first part to convey and there is hereby conveyed to the party of the second part all right, title and interest of the said party of the first part in and to Fort Macon Street and Fort Macon Street extended, Inlet Drive and Inlet Drive extended, North Shore Drive and North Shore Drive extended, together with all easements, rights of way, access areas, and any and all other interests incidental and appurtenant to the lands hereinbefore described, including but not limited to those certain rights included in supplemental agreement dated September 15, 1967, between Aviation Fuel Terminals, Inc., and Bunge Corporation, which agreement is recorded in Book 294, page 411; Carteret County Registry, and the reserved rights set forth in deed dated September 15, 1967, between Bunge Corporation and Aviation Fuel Terminals, Inc., said deed being recorded in Book 293, page 468,, Carteret County Registry. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land, together with all privileges and appurtenances thereunto belonging to it, the said party of the second part, and its successors and assigns, in fee simple forever.,, IN TESTIMONY WHEREOF, Bunge Corporation has caused this deed to be executed in its name by its Vice President, attested by its Secretary and its corporate seal hereunto affixed, all by authority duly given, as of the day and year first above written. (CORPORATE SEAL) u BUNGE CORPORATION By 4�67Pre,s from said BEGINNING point runs thence South 9 degrees 08 minutes West 245.9 feet and with Aviation Fuel Terminals, Inc., West line, to a concrete marker; thence continuing with Aviation Fuel Terminals, Inc., North line a due West course 619.4 feet to an iron pipe and continuing thence a due West course to the point of intersection of said line and the mean average high water mark of the waters of Newport River; running thence Northwardly along the mean or average high water mark of Newport River along its various meanders along a line which when measured in straight line courses and distances runs North 26 degrees 34 minutes East 550.9 feet to a point in the said mean or average highwater mark located at the intersection of said high water mark and the Westward extension of the North line of Lot No. 95, as the said lot is shown on that certain map in Map Book 2, page 203, Carteret County Registry; running thence from said point of intersection South 65 degrees 30 minutes East to the Northwest corner of said lot No. 95;.runs thence South 65 degrees 30 minutes East 165 fget to a point in the prolongation of the Western margin of North Shore Drive; runs thence South 56 degrees 41 minutes East 50.69 feet, and thence continuing the same course South 56 degrees 41 minutes East 202.30 feet; thence continuing South 50 degrees 32 minutes East 69.5 feet to the point of Beginning, containing 4.62 acres of land, together with all riparian and littoral rights incidental and appurtenant thereto. 'there is excepted from the lands above described that certain tract or parcel of land containing .48 acres as described in deed dated September 15, 1967, by and between Bunge Corporation and Aviation Fuel Terminals, Inc., recorded in Book 293, page 4683 Carteret County Registry. TRACT NO. TWO: BEGINNING at a point on the North margin of Fort Macon Street at a concrete monument which is located at the Southwest corner of former Aviation Fuel Terminals, Inc., Lot No. 2; runs thence from said Beginning point North 50 degrees 32 minutes West 8.5 feet to a point in the Eastern margin of the railroad right of way (which railroad right of way at this point is 41.5 feet in width); runs thence North 24 degrees 30 minutes East and with the Eastern margin of said right of way 265.1 feet; thence continuing along the right of way North 55 degrees 44 minutes East 98.2 feet; thence North 50 degrees 04 minutes West 10.4 feet to a point in the said right of way (said right of way has now narrowed to 30 feet in width); runs thence North 55 degrees 44 minutes East and with the 30-foot right of way 69.69 feet to a concrete monument; runs thence South 50 degrees 32 minutes East 602.7 feet to another concrete monument; runs thence South 39 degrees 28 minutes West 420 feet to a point in the Northern margin of Fort Macon Street; thence with the Northern margin of Fort Macon Street North 50 degrees 32 minutes West 431.35 feet to a concrete monument located at the Southwest corner of former Aviation Fuel Terminals, Inc., Lot No. 3; thence continuing the same course North.50 degrees 32 minutes West along the Southern lines of Lots Nos. 2 and 33 formerly owned by Aviation Fuel Terminals, Inc., and being Lots 2 and 3 in Block C of the Inlet Isle Subdivision as recorded in Map Book 1, page 221, a distance of 132.6 feet to the point of BEGINNING, containing 5.81 acres, more or less. For back reference see deeds recorded in Book 269, page 475, and Book 2625 page 599, Carteret County Registry. -2- MAY 15 wo O O ! 'Y' co (•!£Z0 o=3 STATE OF NORTH CAROLINA, COUNTY OF CARTERET DEED THIS DEED, made this day of December, 1969, by and between BUNGE CORPORATION, a corporation organized and existing under the laws of the State of New York, party of the first part, and the NORTH CAROLINA, STATE PORTS AUTHORITY, an agency of the State of North Carolina, party of the second part; W I T N E S S E T H: THAT WHEREAS, the North Carolina State Ports Authority has Iauthorized and approved the acquisition of the lands hereinafter described; and WHEREAS, the Governor and Council of State at a meeting held in the City of Raleigh, North Carolina, on the 12th day of December, 1969, approved the acquisition of the lands hereinafter described as required by G. S. 143-218.1. NOW, THEREFORE, the party of the first part in consideration of the sum of ONE HUNDRED DOLLARS and other valuable considerations, paid by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and r�'.At> convey unto the said party of the second) part, -its successors and assigns, all those certain tracts or parcels of land''lying and being on Radio Island,.Beaufort Township, Carteret County, North Carolina, and more particularly described as follows: TRACT NO. ONE: BEGINNING at a point in the Southern margin of Fort Macon Street, at Aviation Fuel Terminals, Inc., Northwest corner; SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and Put your address In the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from beinu returned to vou. The return mn-.inf fee —w ..— .h........, .•. ....».._ onai saes una TOUOWIng services are we postmaster or fees and check box es) for additional service(s) requested. 1. IN Show to whom delivered, date, and addressee's address. 2. ❑ Restricted 3. Article Addressed to: 4. Article Number MR. LESVM MURPBY 177 283 840 AVIATION FUEL TERMINAL Type of Service: 296 RADIO ISLAND ROAD BEAUFCRT, N.C. 28516-9705 I x x Is ❑ Registered Insured ®Certified COD Express Mail Always obtain signature of addressee or agent and DATF_2G4iWZRED. RN RECE UNITED STATES POSTAL SERVICE SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the mom. • Attach to front of article if space permits, otherwise affix to back of article. • Endorm article "Return Receipt Requested" •dlacant to number. W PENALTY FOR PRIVATE USE,$300 RETURN Print Sender's name, address, and ZIP Code in the space below. TO MR. LAYTON BEDSOM N.C. STATE PORTS AiTPBORITY P.O BOX 9002 WILIWDI'1nNr N.C. 28402 SENDER: Complete items t and 2 when ai Put your ad�reis-in the "RETURN TO" space card from zing returned to vou. The return n postmaster for fees and check box(es) for 1. ❑ Show to whom delivered, date, and 3. Article Addressed to: 171W.550MR4 •!8 I !' :Co.. 'ea '14'4g:Y a'.J a• s sxYY� A:. 5. Signature — f X (,, 6. Signatu — F X services are desired, and complete Items 3 and 4. rverse side. Failure to do this will prevent this - services) requested. s address. 2. ❑ Restricted Delivery 4. Article Number 177M83B Type of Service: ❑ Registered ❑ Insured [] Certified ❑ COD LJ Express Mall Always obtain signature of addressee or agent and DATE DELIVERED. and fee PS Form DOMESTIC UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS r�OIJ,,�.0 SENDER INSTRUCTIONS M'�' Print your name, address, and ZlP me in the space below. • Complete items 1, 2, 3, and 4 on IIAY [17 theresarsa. • Attach to front of article if space otherwise affix to back of nddets, • Endora article "Return Receipt Requested" adjacent to number. PENALTY FOR PRIVATE USE,$300 RETURN Print Sender's name, address, and ZIP Code in the space below. TO MR. LAY" BE SOLE N.C. SLATE PORS AUTHOM P.O. BOX 9002 WIIIeN.C. iI,IJI„L;I,;Ills:,:,611;i„IL,:II:,;,,I:III;,I::JILI;III 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 May 15, 1996. According to said application, the NC State Ports Authority proposes to place a barge mooring field over a ±5.4 acre area of the Newport River, just offshore of their property located on the west side of Radio Island and immediately north of Aviation Fuel Terminal. A copy of the entire application may be examined or copied at the office of Charles Jones, 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 June 26, 1996, 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: Wednesday, June 5, 1996 State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary C) E Roger N. Schecter, Director May 31, 1996 Carteret News -Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice - NC State Ports Authority (LASH Barge Mooring Field) Dear Sir: Please publish the attached Notice in the Wednesday, June 5, 1996, issue of the Carteret News -Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Kris Horton, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Charles S. Jones District Manager CSJ/dh Enclosure cc: John Parker Kris Horton Preston P. Pate, Jr. P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier kl 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper