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
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BEAUFORT-MOREHEAD
CITY AIRPORT
PROJECT
DEPARTMENT OF ENGINEERING
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NOTE: SOUNDINGS TAKEN FROM SURVEY BY
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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,
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Houston, Texas • (713) 644-1183 • FAX: (713) 644-1185
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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
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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
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