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HomeMy WebLinkAbout33-96 Wanchese Seafood CompanyPermit Class Permit Number 1Qldi.1 Issued to STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission Q AS6 for MpHPGEM X Major De el ent in an Area of Environmental Con pursuant t S 113A-118 X Ex< Wanchese Seafood Co. authorizing development in Dare Wanchese , as requested in the work plan drawing dated 12/11/95 nt to NCGS 113-229 NC 27981 Mill Landing Creek, East of NC 345 at dated 11/17/95 including attached This permit, issued on 'i s o compliance with the application (where consistent with the permit), all applicable regulations, special conditions 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. EXCAVATION AND SPOIL DISPOSAL In order to protect juvenile shrimp and finfish populations, no excavation will be permitted between June 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. Excavation shall not exceed 6 feet below the elevation of the normal water level. (See,attached sheets for Additional Conditions) This permit action may be appealed by the perminee 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. L�X4e� ,'� oger N. Scheeler, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Wanchese Seafood Co. Permit # 33-96 Page 2 of 3 ITIONAL CONDITIONS 3. All excavated materials s b co a andward of the normal water level contour within adequate dikes or other stru s to prevent spillover of solids into any vegetated wetlands or surround' ater 4. No vegetated wetlands shall be 5. The temporary placement or double handlin�ed or fill materials within waters or vegetated wetlands is not authorized. 6. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the water body is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: The permittee is advised that the State of North Carolina claims title to all lands falling below the mean high water line. BULKHEADS 7. The basin bulkhead shall be positioned no farther waterward than 13 feet from the normal water level elevation contour at any point along.its alignment. The bulkhead adjacent to Mill Landing Creek shall be positioned no farther waterward than 9 feet from the normal water level elevation contour at any point along its alignment. 8. The alignment of the bulkheads must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 9. The bulkheads must be constructed prior to any backfilling activity. 10. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 11. The bulkhead must be solid and constructed of treated wood; concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted waterward of the normal water line except for that which may be required for the construction of the bulkhead walls, deadmen cables, etc. 12. The fill material will be free and clean of pollutants, except in trace quantities. Metal products, organic material, or unsightly debris shall not be used. Wanchese Seafood Co. Permit # 33-96 Page 3 of 3 13. All fill material to be placed bel al water level will be confined behind the permitted bulkhead. �� 14. The backfill material will be properly gyadrovided with a ground cover sufficient to restrain erosion within thirty (30) �y d of project completion. 15. The replacement piers shall be constructed ' e cation indicated on the 12/11/95 work plan drawing. 16. The permittee will maintain the authorized structures 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 project without having the permit transferred to a third party. 17. The authorized structure and associated activity shall not cause an unacceptable interference with navigation. NOTE: The Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025, (DEM Project No. 960064), which was issued on 2/20/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. 199601218. Permit Class Permit Number NEW Issued to STATE Department of Env X Major Dew pursuant to X Excavation and/or .alth & Natural Resources Concern uiisiiant to NCGS 113-229 Wanchese Seafood Co., Box 116, Wanchese, NC 27981 authorizing development in Dare County at Mill Landing Creek, East of NC 345 at Wanchese , as requested in the permittee's application dated 11/17/95 including attached work plan drawing dated 12/11/95 This permit issued on 34 , 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. EXCAVATION AND SPOIL DISPOSAL In order to protect juvenile shrimp and finfish populations, no excavation will be permitted between June 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. Excavation shall not exceed 6 feet below the elevation of the normal water level. (See,attached sheets 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. AL� • tom ,,Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Wanchese Seafood Co. ADDITIONAL CONDITIONS Permit # 33-96 Page 2 of 3 3. All excavated materials shall be confined landward of the normal water level contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 4. No vegetated wetlands shall be excavated or filled. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the water body is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: The permittee is advised that the State of North Carolina claims title to all lands falling below the mean high water line. BULKHEADS 7. The basin bulkhead shall be positioned no farther waterward than 13 feet from the normal water level elevation contour at any point along its alignment. The bulkhead adjacent to Mill Landing Creek shall be positioned no farther waterward than 9 feet from the normal water level elevation contour at any point along its alignment. 8. The alignment of the bulkheads must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 9. The bulkheads must be constructed prior to any backfilling activity. 10. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 11. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted waterward of the normal water line except for that which may be required for the construction of the bulkhead walls, deadmen cables, etc. 12. The fill material will be free and clean of pollutants, except in trace quantities. Metal products, organic material, or unsightly debris shall not be used. Wanchese Seafood Co. Permit!{ 33-96 Page 3 of 3 13. All fill material to be placed below the normal water level will be confined behind the permitted bulkhead. 14. The backfill material will be properly graded and provided with a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. IER 15. The replacement piers shall be constructed in the location indicated on the 12/11/95 work plan drawing. 16. The permittee will maintain the authorized structures 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 project without having the permit transferred to a third parry. 17. The authorized structure and associated activity shall not cause an unacceptable interference with navigation. NOTE: The Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025, (DEM Project No. 960064), which was issued on 2/20/96. VOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. 199601218. Form DCM-MP-1 RECEIVED APPLICATION SEC 2 0 1995 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT wan h GP a. Landowner: c. Street address or secondary road number NC 345 Name Wanchese Fish Company d. Is proposed work within city limits or planninf Address Box 116 jurisdiction? X Yes No City Wanchese State NC e. Name of body of water nearest project (e.g. river, creek; sound, bay) Mill Landing Creek Zip 27981 Day Phone Fax 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: OF PROPOSED PROJECT Name Environmental Professionals Inc. a. List all development activities you propose (e.g. Address PO Box 3368 building a home, motel, marina, bulkhead, pier, and excavation and/or tilling activities. Bulkhead and maintenance dredging City Kill Devil Hills St:ue NC Zip 27948 Day Phone (919) 441-0239 b. Is the proposed activity maintenance of an existing Fax (919) 441-0721 project, new work, or both? both c. Project name (if any) Wanchese Fish Company c. Will the project be for public, private or commercial use? commercial 95-120 d. Give a brief description of purpose, use, methods of NOTE. Pet ndt will be issued in pane oflandamner(s), and6nr construction and daily operations of proposed project name. project. If more space is needed, please attach additional paThe alige . pp cant proposes t, construct two bulkheads. One will 2. LOCATION OF PROPOSED stabilize the shoreline within the basil the other will stabilize the base of PROJECT the fish house and restaurant. Maintenai dredging of the basin is proposed and w'11 be accomnlished by dr-azline. a. County Dare Revised 03195 Form DCM-MP-1 RECEIVED 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1.33 acres b. Size of individual lot(s) c. Approximate elevation of tract above MIiW or NWL +/- 4' d. Soil type(s) and texture(s) of tract udorthents DEC2� in. Describe existing wastewater treatment facilities. mund_absorp ion system 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.) some wash down o. Describe existing drinking water supply source. - countV e. Vegetation on tract scrub thicket where vegetated Spartina patens Juncus roemerianus f. Man-made features now on tract fish house and restaurant g. What is the CAMA Land Use Plan land classification of the site? (co, s,dr die local land "se plan.) Conservation X Developed Rural _ Transitional X Community Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? X Yes No (Allacl+ zwrtng co"Plionce cerlifirnre, ifopplicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? 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 I. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other X If yes, has a delineation been conducted? No (Auach doaanenlalion, if available) 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 II" 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 RECEIVED site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is nccess;i;y • 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 Moon Tillet Fish Co. Inc. Address PO Box 183 Phone Wanchese, NC 27981 Name _County of Dare Address PO Box 1000 Phone Manteo NC 27954 Name Address Phone • A list of previous slate or rederal permits issued I'm work on the project tract. Include permit numbers. permittee, and issuing dates. G.P. # 14911-A 11/14/95 • 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. OFF 2 0 1Q9.5 6. CERTIFICATION AND PERMISSION 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 17th day of Nov. , 1995 . Print Name George H. Wood CEP SigmnureA11111-IC111 11 �Agou or Auz Please indicate attachments pertaining to your proposed project. X 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 attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 RECEIVED EXCAVATION AND FILL (Except bridges and culverts) 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 that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shorulinc stabilization) Average UInal Existing Project Length Width Depilt Depth 110 60 —3.3' —6.0' DEC 2 0 1995 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 604 b. Type of material to be excavated mud & sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area _adjacent to basin b. Dimensions of disposal area _ average 140 x 30 c. Do you claim title to disposal area? X Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes _ No If yes, where? same area Revised 03/95 Form DCM-MP-2 RECEIVED e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _ X No f. Does the disposal include any area in the wale;? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length77' basin 12 ' Mill Creek c. Average distance waterward of MI4W or NWL 8.25' — creek 8.5' — basin d. Maximum.distance waterward of MHW or NWL 13'.basin 9' creek e. Shoreline erosion during preceding 12 months +/— 2'-basin 0' creek (Source tof.inforuuuion) applicant f. Type of bulkhead or riprap material sheet pile g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfill 2" c. yds. basin c. y s. cree s If. Type of till material sand i. Source of till material material from maintenance dredging 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No DEC 2 0 1995 If yes, ' (1) Amount of material to be placed in the water N/A (2) Dimensions of till area N/A (3) Purpose of till b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of till area N/A (2) Purpose of till 5. GENERAL it. How will excavated or fill material be kept on site and erosion controlled? dredge material will be placed on highground landward of sediment fence — when dewatered push behind bulkhead and stabilized b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragline and dozer c. Will wetlands be crossed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. N/A 95-120 Wanchese Fish Company Inc. Appli of or Project Naain SignaYvc 11/17/95 Dale Revised 03195 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF March 26, 1996 Regulatory Branch Action ID No. 199601218 and State Permit No. 33-96 Wanchese Seafood Company Post Office Box 116 Wanchese, North Carolina 27981 Dear Sir: Reference your application for a Department of the Army (DA) permit to construct two bulkheads and undertake maintenance dredging activities within a manmade basin, on property located off NC 345, adjacent Mill Landing Creek, in Wanchese, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Project Manager Regulatory Branch Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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. John Parker Division of Coastal Management orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 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. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 .. , i'c'C':.+ .. •fir:" V Sr7�!� i•!'7-i1 'yRfcrivE® APR 11ANA €� Nr Corm DCM-1N,IP-1 / R6 64�/; RECEIVED APPLICATION 11 2 0 1995 M) be completed by all applicants) 1. APPLICANT a. Landowner: Name Wanchese Fish Company Address Box 116 City Wanchese rs Slate NC Zip 27981 Day Phone Fax b. Authorized Agent: Name Environmental Professionals In Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phonu (919) 441-0239 Fax (919) 441-0721 c. Project name (if any) Wanchese Fish Company 95-120 NOTE Perot wH( be issued io nano: oj(andowner(s), and/or project mmne. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark WanrhpSP c. Street address or secondary road number NC 345 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) Mill Landing Creek 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 tilling activities. Bulkhead and maintenance dr ja-in b. Is the proposed activity maintenance of an existing Project. new work, or both? both c. Will the Project be tbr 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. The applicant nrouoses tt construct two bulkheads One will stabilize the shoreline Within the basil the other will stabilize the base of the fish house and restaurant Maintenat dredIg of the basin is proposed and will be a comnlisfipd by draelmine Revised 03195 Form DCM-Mp-I RECEIVED 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1.33 acres b. Size of individual lot(s) NIA c. Approximate elevation* of tract above MHW or NWL_ +/— 4- d. Soil type(s) and textures) ot'tract udorthents e. DEC2� In. Describe existing wastewater treatment facilities. =Mdabaor-rion sysr m n. Describe location and type of discharges to water of the state. (For example, surface runoff, sanitar- wastewater, industrial/commercial effluent, "was: down" and residential discharges.) some wash down o. Describe existing drinking water supply source. - county Vegetation on tract scrub thicket where vegetated Spartina patens Juncus roemerianus f. Man-made features now on tract fish house and restaurant g. What. is the CAMA Land Use Plan land classification of die site? (Guvalt the !«arl land ura (,Irrn.) Conservation X Developed Rural Transitional X Community Other h. How is the tract zoned by local government? S-1 i. Is the proposed project consistent with the applicable; zoning? X yes _ No (Atfadt Zoning ca«yi(iancr crniJiaar, j«ppliad>!r) j. .Has a professional archaeological tusessment been done for the tract? Yes X No If yes, by whom? 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 I. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? No (Attach daeumeafation, if wnilnGle) ------------ 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) iirawn to scale in black ink on an 8 1/2" by II" white paper. (Refer to Coastal Resources Commission Rule 77.0203 for a detailed description_) I'lease 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 03/9s P6rm DCM-MP-1 RECEIVED site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Storniwater Certification, if one is necessary. • A list of the names and complete addresses of (lie 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 limn, the applie:uu further certifies that such notice has been provided. Name Moon Tillet Fish'Co., Inc. Address PO Box 183 Phone Wanchese, NC 27981 Name County of Dare Address PO Box 1000 Phone Manteo. NQ 27954 Name Address Phone • A list of previous state or federal perniiis issued liar work on the project tract_ Include permit numbers, permittee, and issuing dates. G.P. 11 14911-A 11/14/95 ° 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 I to 10) If the project involves die expenditure of public funds or useof public lands, attach a. statement documenting. compliance with the North Carolina Environmental Policy Act. I1FP2Q 109.4 6. CERTIFICATION AND PERMISSION 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 restriction's 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 mmnner 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 die information provided in this application is truthful to the best of my knowledge. This is the 17th day of Nov. , 19955 _. Print Name George H. Wood CEP Signature ` Ll•U/rs%l tnndowwr or Aufhodzea Agent Please indicate attachments pertaining to your proposed project. X 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 attachment in the mace provided at the bottom of each form. Rerised, 0319s Farm DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Mayor Permit, Form DCM-MP-I.; Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of -,proposed excavation or fill activities. All values to be givLll in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding. Shoreline stabilization) Avenge I•iunl Existing Prujcct i.cngui width Depth Depth 110 60 —3.3' —6.0' 7- RECE VE(D DEC 2 0 1995 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 604 b. Type of material to be excavated mud & sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ yes X No d. Highground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area adjase,It to basin b. Dimensions of disposal area average 140 x 30 c. Do you claim title to disposal area? X Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X yes _ No If yes, where? same area Revised 03/9s form DCNI-MP-2 RECEIVED e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No F. Does the disposal include any area in the watcs? _ Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprup b. Length 77' basin 129Ts Mi.t1 Creek c. Average distance waterward of NIHW or NWL 8.25' - creek 8.5' - basin d. Maximum distance waterward of MHW or NWL 13" basin 9' creek e. Shoreline erosion during preceding 12. months +/- 2' basin 0' creek (Source of infonlwlion) anDllcant f. Type of bulkhead or riprap material sheet pile g. Amount of fill in cubic yards to be placed below water level. (1) Riprap N/A (2) Bulkhead backfill 11 c. yds. basin c. ya s. creexs h. Type of fill material sand I. Source of till material material from maintenance dredging 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No DEC 2 0 1995 If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of till area N/A (3) Purpose of till N/A b. Will till material be placed in coastal wetlands (marsh), S.AVS or other wetlands? Yes X No If yes, (1) Dimensions of till area N/A (2) Purpose of till N/A S. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? dredge material will be olaced on highgrdtmd landward of sediment fence —when dewatered oush behind bulkhead and stabilized b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragline and dozer c. Will wetlands be crossed in transporting equipment to project site? _ Ye's X No If yes, explain steps that will be taken to lessen environmental impacts. N/A 95-120 Wanchese Fish Company Inc 4pti w or Project Yame S1gnatnre I1117/95 Date., Revised 0319S DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF February 22, 1996 �y Regulatory Branch450 Action ID No. 199601218 Mr. Sohn 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 the Wanchese Seafood Company for a Department of the Army (DA) permit to construct two bulkheads and undertake maintenance dredging activities within a manmade basin, on property located off NC 345, adjacent Mill Landing Creek, in Wanchese, Dare 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 condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The bulkhead will not be positioned farther waterward than -feet from the normal water level elevation contour at any point along its alignment. 3. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 4. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 5. Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 6. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. -2- 8. 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. 9. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 10. The activity will -be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, R Raleig Bland Project Manager .- Copies Furnished: 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 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 -3- 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. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARM WILMINGTON DISTRICT, CORPS OF ENGI S "'t7 s P.O. BOX 1890 tl7 hiAW4, 1,,`; 99 WILMINGTON, NORTH CAR0LINA28402• �ttNfryT REPLY TO Qb' ATTENTION OF J��3L Regulatory Branch r Action ID. 1.1110 0 \ a 1 U Applicant „fin L ob - Waterway -'hill i r, y C County iYQ_ Type Work �" 1� h Y 1n y Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service 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: AMr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27627 Raleigh, North Cara 'na 27611-7687 7TA. t C11,13 Regional Office Division of CoIastal Management North Carolina Department of Environment, Health and ti ural. Res ur es 04 Etta c; C, a ti Pursuant to Action ID No. 198000291, the CAMA-Corps agreement, a State Field Investigation Report is enclosg recommendations would be appreciated on or before Questions or comments may be addressed to Regulatory Branch, U&L AL64 Field Office, Sincerely, Enclosure S eral permit/processing Your comments and/or (qiq ) M- 16 G. Wayne Wright c Chief, Regulatory Branch PSI Wm RKV� Pepe 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 Mr. Rodney W. Perry, Director N. C. Seafood Industrial Park Authority P. O. Box 549 Wanchese, N.C. 27981 Dear Mr. Rodney Perry: 1, •:' �E�lNR August 30, 19 ~�REC� E� 6 1995 - o SE coM�t� The Division of Coastal Management hereby acknowledges receipt of your application for State permits to develop your property at Wanchese Harbor in Dare County. We have been coordinating our initial permit review with the Army Corps of Engineers and have found that your application lacks information necessary to consider it complete under Coastal Management regulations. In order to have a complete application necessary for us to begin processing, you should submit the following items: [1] Completion of the attached new application. The new application is slightly different than the one you submitted ; [2] Completion of the Marina Supplement application sheets, attached; [3] Adjacent riparian property owner notification sign -off letters and certified mail tickets for each adjacent property owner; [4] A sufficiently detailed plat to evaluate the proposed work. Once we have received this additional information, you will be notified of acceptance of your application as complete, or if further clarification of your request is required. Sincerely, 2si. Hawthorn Field Representative Me cc: J. Parker P. Pate File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Wanchese Seafood Company 2. LOCATION OF PROJECT SITE: East of NC 345, in the Village of Wanchese, Dare County, adjacent Mill Landing Creek 'SS—.�� 9 �_ Photo Index - 1989: 152-16 L-16/17 M-16 1984: 140-506 V-10, W-9/10 State Plane Coordinates - X: 3000800 Y: 777500 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/04/95 Was Applicant Present - Yes (Agent) 5. PROCESSING PROCEDURE: Application Received - December 22, 1995 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Community, Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Commercial fishing, shoreline protection (E) Wastewater Treatment: Existing - On -site Planned -None (F) Type of Structures: Existing - Fish house, restaurant, bulkhead, 3 old docks Planned - 206 linear feet bulkhead, 3 new docks (G) Estimated Annual Rate of Erosion: 2' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FTT T TM r%=ED (A) Vegetated Wetlands (B) Non -Vegetated Wetlands hadin Shallow Water Habitat 6,044 square feet 1,750 square feet 460 square feet (C) Other Disturbed Upland Area 2,943 square feet (D) Total Area Disturbed: 11,197 square feet (.26 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to place a sheet pile bulkhead and backfill an average distance of 8' waterward of NWL along 77' of shoreline of an existing basin, and along 129* of shoreline of Mill Landing Creek. Within the basin the applicant proposes to dredge a 6,044 square foot area with existing depth of 3.3' below NWL to a final depth of 6' below NWL and replace 3 piers. '.V Wanchese Seafood Company Bio Report Page Two Site Description The applicant, Wanchese Seafood Company, owns a total of 1.1 acres of land lying on both sides of a 100' x 200' basin on the east side of NC 345 in the Village of Wanchese, Dare County, adjacent Mill Landing Creek. At the landward end of the basin is a 15' x 30' public boat ramp owned and operated by Dare County, which owns property north of this project and a 20' - 80' wide strip lying between the western boundary of this site and NC 345. Elevation of the land within the site averages approximately 4' above MSL. Within the 35,000 square foot parcel lying to the north is a fish processing house and restaurant. The western walls of these structures lie along the NWL of Mill Landing Creek. A 6' x 170' wooden dock parallels the shoreline and lies approximately 8' waterward of NWL. The restaurant's west wall noticeably bulges out in several places. The 15,000 square foot triangular -shaped parcel lying south of the basin supports no buildings but approximately 160 linear feet of shoreline has been protected by the installation of sheet pile bulkhead, as authorized by General Permit #14911A issued in the fall of 1995. Under the same authorization, a 3,200 square foot area of the basin near the connecting channel has been dredged to a depth of 6' below NWL. On the southern side of the basin just east of the recently dredged area are the remnants of three 5' wide wooden piers each with a length of 25' to 42'. As verified by a site visit on December 4, 1995, basin depths range from 1.5' NWL to 6' NWL and connecting channel depths range from 7' NWL to 12' NWL. Approximately 15 square feet of cord grass S artina alternifloral lies on a sand shoal just waterward of the new sheet pile bulkhead and near the remains of the easternmost pier. Along the 4' tall eroded bank at the southwest corner of the basin are a few small clumps of salt meadow grass S artina atens located high enough to escape flooding. Atop the bank one finds a scattering of sea myrtle accharis halimifolia) and goldenrod. Just landward of the 6' wide band of vegetation are extensive areas devoid of vegetation with soils compacted by heavy vehicular traffic accessing the Moon Tillet Fish Company site. No beds of submerged aquatic vegetation were noted within the basin or in the affected area of Mill Landing Creek. Proposed Development The applicant proposes to construct 129 linear feet of sheet pile bulkhead a maximum distance of 9' waterward of NWL of Mill Landing Creek along the area immediately waterward of the restaurant building. From the southeast comer of the building the bulkhead would continue in essentially the same alignment for 50 linear feet along the fish house wall and tie into an existing sheet pile bulkhead. Average water depths are 2 feet below NWL along the proposed bulkhead alignment. Wanchese Seafood Company Bio Report Page Three Also proposed is the construction;of a sheet pile bulkhead a maximum distance of 13' waterward of NWL along 77 linear feet of shoreline at the southwest corner of the basin. Both segments of bulkhead will be constructed an average distance of 8.25' waterward of NWL. Within the southwest comer of the basin the applicant proposes to dredge by dragline a 6,044 square foot area with existing bottom contour 3.3' below NWL to a final depth of 6' below NWL. The 604 cubic yards of material generated would be placed within a 2,943 square foot high ground disposal area located 5' - 10' landward of an existing sheet pile bulkhead. The applicant proposes to place the dewatered spoil behind the existing and proposed sheet pile bulkheads. Also proposed is the replacement of two 5' x 25' long piers and one 5' x 42' pier. Anticipated Impacts Approximately 1,750 square feet of shallow water habitat will be lost as a result of the proposed bulkheading and backfilling. A temporary increase in turbidity is anticipated as a result of dredging within the 6,044 square foot area. Approximately 2,943 square feet of uplands will be disturbed by the placement of dredge material. Approximately 460 square feet of shallow water habitat will be shaded by the proposed construction of three piers. Access to public trust waters will be improved for boaters using the Dare County Public Boat Ramp. CAMA Review Dare County calls for estuarine shoreline development to be managed to protect and preserve the natural resources of the estuarine waters, and requires that "development in estuarine waters be water -dependent, related to development on the estuarine shoreline, or an accessory use to a structure located on the estuarine shoreline" (pg. 53). As to the installation of estuarine bulkheads the County agrees "that properly permitted estuarine bulkheads are a well established and accepted feature of the estuarine shoreline" (pg. 55). For public trust areas the County "supports the CAMA use standards" and seeks to "provide for maintenance of existing waterways and harbors and to provide for additional access to public trust waters" (pg. 55). The proposed bulkhead and piers are water -dependent uses. The proposed dredging will maintain an existing waterway and provide additional access to public trust waters. So long as the proposal is found to otherwise satisfy applicable CAMA permit standards, it will be consistent with the Dare County Land Use Plan. Wanchese Seafood Company Bio Report Page Four No unique remnant species, geologic formations, or archeological sites are known to exist at this site. Submitted by: M. Edward Harrell Date: December 29, 1995 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Wanchese Seafood Company COUNTY: Dare LOCATION OF PROJECT: East of NC 345, in the Village of Wanchese, adjacent Mill Landing Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: December 22, 1995 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: M. Edward Harrell TRICT OFFICE: Elizabeth City DISTRICT�`ANAGER REVIEW: _ B) DATE APPLICATION RECEIVED IN RALE ,� ,, ✓4ry CEO E REC'D: $ ? Sz{,4( PUBLIC NOTICE REC'D: U r- �yy QN N0 DATE. ADJ. RIP. PROP NOTICES REC'D: ✓ c9 D REC'D: APPLICATION ASSIGNED TO: ��� 4,� e S ON: C) 75 DAY DEADLINE: 3/ 1/ 150 DAY DEADLINE: // MAIL OUT DATE: (— Z 9 — ( STATE DUE DATE: --� FEDERAL DUE DATE: Z - 2 z - co l FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE r� DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office )-/2�/9/ Div. of Community Assistance G// L/ Land Quality Section l/II/96/ Div. of Env. Management L"���IL � /Zy/96/ ✓ v7-r 6P3az5 1s6va State Property Office i.-ts-fC Zfj7y/7 Div. of Archives & History Div. of Env. Health 2 Div. of Highways i /I wildlife Resources Commission Div. of Water Resources / ✓ Div. of Marine Fisheries ////��b Ok 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: Doug Huggett fut FROM: Ed Harrell MAI 2n, �� 1DEHNFR SUBJECT: Recommendations for Wanchese Seafood Company Major DATE: February 21, 1996 R c EO FEB 261996 � pAENT Prior to the submittal of the Major CAMA application currently under consideration 3,200 square feet of the basin was dredged and approximately 160 linear feet of bulkhead was installed under authorization of General Permit #14911A issued in the fall of 1995. I recommend approval of the request with the following conditions: Dredaine 1) In order to protect juvenile shrimp and finfish populations, no excavation will be permitted between February 15 and October 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. 2) All excavation will be conducted below the normal water line. 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) Excavation shall not exceed 6 feet below the elevation of mean low water (MLW)• SR9il Containment 5) All excavated material shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding water. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%postconsumer paper 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes are not considered significant. 8) Appropriate erosion and sedimentation control devices, measures, or structures must be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand fence, etc.). (9 A ground cover sufficient to restrain erosion must be provided within 30 working days of completion of any phase of grading on cut or filled slopes. Piers 10) The piers and associated structures shall have a minimum setback distance of 15' between any part of the structure and the adjacent property lines as extended perpendicular to the channel into the water where they intersect at the shoreline. 11) 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 12) The replacement piers shall be constructed in the location shown on the plat by Environmental Professionals, Inc., dated 12/11/95 and received December 21, 1995 by the Division of Coastal Management. Bulkheads 13) The bulkheads shall not extend more than 8.25' waterward of the normal water line at any point along their alignment at the time of construction. 14) The alignment of the bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 15) The bulkhead must be constructed prior to any backfilling activity. 16) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 17) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted waterward of the normal water line, except that which may be required for the construction of the bulkhead wall, pier, gazebo, platform, and moorings. 18) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic material, or unsightly debris will not be used. 19) All fill material to be placed below the normal water line will be confined behind the permitted bulkhead. 20) No excavated or fill material will be placed in surrounding water or outside of the alignment of the fill area indicated on the workplat drawings. 21) No vegetated wetlands will be excavated or filled. 22) The backfill material will be properly graded and provided with a ground cover sufficient to restrain erosion within thirty (30) working days of the project completion. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to the commencement of any such activity for this determination. -State of North Carolina IT Department of Environment, TA Health and Natural Resources 1 • Division of Marine Fisheries James B. Hunt, Jr., Governor p H N Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: TO: John R. Parker, Jr., DCM Major Permits Coordinator THROUGH: P. Wojciechowski, Permit Coordinator �/' l FROM: Sara E. Winslow, Biologist Supervisor" /e SUBJECT: dJWAV&TjWAFompany DATE: January 5, 1996 The following comments by the North Carolina. Division of Marine Fisheries are provided pursuant to General Statute 113-131. This agency approves of this project with the following modification. The Division is concerned with the proposed dredging of 6,044 sq. ft. of shallow water habitat. Due to previous activities that have occurred in the area which have resulted in metals, solids, and other materials going into the waters, the main concern is from the suspension and resulting turbidity of these materials. In an effort to ensure that the work be accomplished during a period with the least amount of biological productivity, a dredging moratorium is requested. The requested time period is 1 June through 30 September. However, if some type of boom system or turbidity curtain could be utilized this agency maybe able to remove the dredging moratorium. P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919.726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper UL State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director December 29, 1995 MZKORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator 1� •: • L �EHNF=1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: wandhese Seafood Company* Project Location: East of NC 345, in the village of Wanchese, Dare County, adjacent Mill Landing Creek. Proposed Project: To place a sheet pile bulkhead and backfill an average distance of 8' waterward of NWL along 77' of shoreline of an existing basin, and along 129' of shoreline of Mill Landing Creek. Within the basin the applicant proposes to dredge a 6,044 square foot area with existing depth of 3.3' below NWL to a final depth of 6' below NWL and replace 3 piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 19, 1996. If you have any questions regarding the proposed project, please contact Ed Harrell at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Sign r Date P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919.726-7021 FAX 919.726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper s State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N F 1 Roger N. Schecter, Director January 23, 1996 MEMORANDUM RECEIVED TO: P. A. "Ski" Wojciechowski — - - - ----Division o arme�isfieries FROM: John Parker DM DE MARINE FISHERIES Major Permits Processing Coordinator NN 12'- U SUBJECT: CAMA/Dredge and Fill Permit Application Review + RECEIVED APPLICANT: Wanchese Seafood Company FEB 26 ib96 CUM >•� MANAGEMENT PROJECT LOCATION: East of NC 345, in Wanchese, Dare Co. PROPOSED PROJECT: To place a sheet pile bulkhead and backfill an shoreline of existing basin, etc. 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 location or design. There appear to be public trust conflicts that require additional r s ow "Atkw investigation. Approximately _ days additional review time is needed. s eulod �It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. TF1/S' /97X O0,EO /s IW7' N/ALP '��✓1r2/�/l[I ' G/v,Cl .7H.0 /Z /GiYT Signed Date /9 G / s / .� T6f.� aisc,z/�r/o OG ,Os,9e9 77AR 7//2 cal a sr/ ST77f Uw,✓co /��a,O,E.rTs; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper 1�YYIf ronGPrn� v+i/ GOYvO✓nY" �?.y IA;I-n 3 mu/N�� 'ta^ l.-Tvn2 Yn 30 - Spp em i-td�evvc / iC v5es God✓n or 6,vrIt-41 1 iJmf mN% 6e cv.11;175 +o remove Mv�Aia.,vr. lation and renovation of pumpout and dump station facilities. Fquirement of the Clean Vessel Act,.the Division of Coastal Management is rvey to obtain information on the number and habits of boaters with portable or on their boats. This information will help us determine the types of marine as on boats using North Carolina's coastal waters, their location, the volume of ;rate, and the types of treatment and disposal methods used. From this, the ntify areas where pumpouts and dump stations are needed most. llp us by filling out the enclosed survey, answering all questions that apply to you and ien tape it closed with the address showing, and drop it in the mail by September 15`". necessary. The surveys are anonymous and will be used for informational purposes an important chance for you to help protect North Carolina's valuable coastal lave any questions about the survey or would like additional information about the grant ease feel free to contact Mike Lopazanski at the Division of Coastal Management in 119) 733-2293. Thank you for your assistance and cooperation in this effort. 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 January 19, 1996 I 1 1 ' 'III 1U 1I E)FEE HNFi TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: ' John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Wanchese Seafood Company PROJECT LOCATION: In Wanchese, east of NC 345, Dare Co. ROPOSED PROJECT: To place a sheet pile bulkhead and backfill an area along 77' of shoreline of existing basin, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by February 9, 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. 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 a ched comments. Signed /aV�� 'N Date %;�,6�1 NCwiLc P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ® North Carolina Wildlife Resources Commission KY 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: tWilliam Wescott, Coastal Coordinator Habitat Conservation Program DATE: January 26, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Wanchese Seafood Company, East of NC 345, Dare County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. In order to further assess project impacts on fish and wildlife resources, an onsite inspection was conducted on January 24, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct bulkhead in two separate locations on his property. A total of 206 linear feet of sheet pile bulkhead will be constructed an average distance of 8.25 ft. waterward of the NWL. Within the southwest comer of the basin the applicant proposes to dredge by dragline a 6,044 W area with existing bottom contour 3.3 ft. below NWL to a final depth of 6 ft. below NWL. The spoil material will be placed on an upland site. Also proposed is the replacement of two 5 ft. x 25 ft. piers and one 5 ft. x 42 ft. pier. Waters and sediments at the site are polluted from many decades of commercial fish house and shipyard activities. Our main concerns are turbidity and the reintroduction of pollutants into the water column as a result of dredging. In order to contain turbidity and potential pollution problems we recommend a silt curtain/boom be installed around the area to be dredged. The silt curtain/boom Wanchese Seafood Company 2 January 26, 1996 should be installed prior to dredging and should remain in place for 72 hours after dredging is complete. We appreciate the opportunity to review and comment on this project. If you need further information on these comments, please contact William Wescott, Coastal Coordinator at (919) 927-4016. State of North Carolina Department of Environment, Health and Natural Resources IT Division of Environmental Management r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 20, 1996 Dare County DEM Project # 960064 COE # 199601218 APPROVAL of 401 Water Quality Certification Wanchese Fish Co. Box 116 Wanchese, NC 27981 Dear Sirs: You have our approval to place fill material in 1,750 square feet of waters and dredge 6,044 square feet of water for the purpose of shoreline stabilization and basin dredging at Wanchese Seafood Co., as you described in your application dated 23 January 1996. After reviewing your ffplication, we have decided that this fill is covered by General Water Quality Certification Aiumber 31M5. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a'hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office W. John Domey Central Files John Parker; DCM George Wood; Environmental Professionals, Inc. Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/1 0% post consumer paper State of North Carolina Department of Environment, IPWAA Health and Natural Resources / • Division of Marine Fisheries �. k James B. Hunt, Jr., Governor p E H N F=4 Jonathan B. Howes, Secretary Bruce L. Freeman, Director b i1 r 1i�o QD �ANf 11/ 19�B / VANAGEMENi December 29, 1995 TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: PlIcTemsoeo Seafoo Company w Project Location: East of NC 345, in the Village of Wanchese, Dare County, adjacent Mill Landing Creek. Proposed Project: To place a sheet pile bulkhead and backfill an average distance of 8' waterward of NWL along 77' of shoreline of an existing basin, and along 129' of shoreline of Mill Landing Creek. Within the basin the applicant proposes to dredge a 6,044 square foot area with existing depth of 3.3' below NWL to a final depth of 6' below NWL and replace 3 piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 19, 1996. If you have any questions regarding the proposed project, please contact Ed Harrell at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. 000' 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 attach con nts. i L t Signed h Date P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919.726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper W State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries f James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MHMORA UM TO: FROM: SUBJECT: December 29, 1995 Mr. Robert E. Chandler, Director Division of Community Assistance John R. Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Applicant: Wanchese Seafood Company - Project Location: East of NC 345, in the Village of Wanchese, Dare County, adjacent Mill Landing Creek. Proposed Project: To place a sheet pile bulkhead and backfill an average distance of 8' waterward of NWL along 77' of shoreline of an existing basin, and along 129' of shoreline of Mill Landing Creek. Within the basin the applicant proposes to dredge a 6,044 square foot area with existing depth of 3.3' below NWL to a final depth of 6' below NWL and replace 3 piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 19, 1996. If you have any questions regarding the proposed project, please contact Ed Harrell at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY 1oo 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 ag nc objects to the project for reasons described in the a he ents. Signed Date P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919.726-0254 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 January 19, 1995 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway. Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Wanchese Seafood Company PROJECT LOCATION: In Wanchese, east of NC 345, Dare Co. PROPOSED PROJECT: To place a sheet pile bulkhead and backfill an area of shoreline of an existing basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 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. Signed This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. to the project for reasons described in the Date % 9 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 AFT V! tk�)A& E:)EHNR January 19, 1996 h RF'CF'c� 1g96 MEMORANDUM TO: Ms. Renee Gledhill -Early S Environmental Review Coordinator £ Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Wanchese Seafood Company PROJECT LOCATION: In Wanchese, east of NC 345, Dare Co. PROPOSED PROJECT: To place a sheet pile bulkhead and backfill an area of shoreline of an existing basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 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. 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. Signe l ems/ Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunely Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50% recycled/ 10% post -consumer paper . - it 'y"' 10:43i+f1 P.10 State of North Carolina V. HDealth and Natural Resour es Divslon of Coasto! Management I j�,IY Jones 6. Hunt, Jr., Governor Jorotha gyres;-Swteta?y Roger N. Zh -r, Director U -,, Ft-6 .. January 19, 19u6 DIV. OF EivVIRQ 1�ifhir.i HEALTH MEMORANDUM TO: Ms. Linda Sewall Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit application Review APPLICANT: Wanchese Seafood Company PROJECT LOCATION: In Wanchrse, east of NC 345, Dare Co. lei PROPOSED PROJECT: To place a sheet pile bulkhead and backfill an area along 71' feet of shoreline of existing basin, etc. Please indicate below your agen.:y's position or viewpoint on the proposed project and return this forth by February 9. 1996. If qou have any questiors regarding the proposed project, Please contact John Parker at 733-2293. Wher. appropriate, in-depth continents with supporting data are requested. REPI_y This agency has r,, objection to the project as proposed, This agency has ❑c:: o,:uent on the proposed project. This agency app*. ,� the project, only if the recommended changes are incorporatc-t See attached. This agency .,Meet. to the project for reasons described in the attached Signed— -tiut rC�r.-^✓1�"%; Dnte PO, Boy 27687, Roieigr, tJ< no iT611-'',3: Teiephcne 919-733-?1a3 FAX G19 733. An Equal _ '6'=yt'ed/ 1G5i. CGtc _na _-r•Nr n^,nF.. 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 January 19, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources AINT � 2VA E)FEE HNR tor -W N p JAN 23 1996 DMSIoN OF WATER RESW fteo FROM: John Parker, Jr. 12 Major Permits Processing Coordinator R�4�E0 a SUBJECT: CAMA/DREDGE & FILL Permit Application Review FE6 Nv 6 4� dy �pNA6EMEN APPLICANT: Wanchese Seafood Company PROJECT LOCATION: In Wanchese, east of NC 345, Dare Co. L g\ PROPOSED PROJECT: To place a sheet pile bulkhead and backfill an area of shoreline of an existing basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 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. i Signed 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. Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina 12 Department of Environment >> I Health and Natural Resour REC�ElIVED Division of Coastal Management FEB 281y96 James B. Hunt, Jr., Governor 0� Jonathan B. Howes, Secretary MANAGEMENT E H N Ri Roger N. Schecter, Director dd, January 6 MEMORANDUM ryoy122232425 19 TO: Mr. Joe Henderson, Acting Director a JAN 1996 State Property Office Department of Administration Received Property Office FROM: John Parker, Jr. C. Major Permits Processing Coordinator 01680 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Wanchese Seafood Company PROJECT LOCATION: In Wanchese, east of NC 345, Dare Co. PROPOSED PROJECT: To place a sheet pile bulkhead and backfill an area of shoreline of an existing basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 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. 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, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 'A Icy � Division of Coastal Management �N James B. Hunt, Governor ry ID E H N Jonathan B. Howes, Secretary Roger N. Schecter, Director March 6, 1996 Wanchese Seafood Company Box 116 Wanchese, NC 27981 Dear Sir: 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 R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper .02-20-1996 03:47PM FROM Environmental Prof. Inc. TO 19192643723 P.01 Planning !or a better environment (919) 441-0239 MEMO To: North Carolina division of Coastal Management Attn: Ed Harrell From: George H. Wood /*V Re: Specifications for bulkhead alignment.at Mill Landing Creek — File No. 95-120 Ed Harrell with the North Carolina Division of Coastal Management called today and requested justification for the 8.25 distance offshore of the proposed bulkhead at the Wanchese Fish Company. I informed him that the distance was necessary in order to utilize the existing pilings as shoulder pilings for the sheet piles, that the sheet piles would be driven into place, and provided a $ufficient distance to install tiebacks, These extraordinary conditions for sheet pile construction are necessary because of the potential failure of the restaurant and fish 99Mpanyl 0 tha Wilding wall bridges out at the waterline. Therefore, a tremendous surge may result from the continued settling of this structure. There is also a concern that installation of the sheet pile too close to the structure may result in an instantaneous failure. P•o- BOX 3368 • KILL DEVIL MILLS, NORTH CAROLINA 27948-3368 TOTAL P.01 .. .:i State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director December 29, 1995 RiN�ish Company P. O. Box 116 Wanchese, NC 27981 Dear Daniels: 1� �EHNF 1 The Division of Coastal Management hereby a wledges receipt of your application for State approval for development of your property loco ast of NC 345, in the Village of Wanchese, adjacent Mill Landing Creek in Dare County. It was received on December 22, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is M. 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 FilMg" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726.0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper December 29, 1995 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, � M. Edward Han -ell Field Representative I MEH/kh Enclosure cc: John Parker Richard L. Watts NOTI(010#170A CAMA PERMIT APPLIED FOR PROJECT: To place a sheet pile bulkhead & backfill an average distance of 8' waterward_of NWL along 77' of shoreline of an existing basin, & along 129' of shoreline of Mill Landing Creek. Within the basin the applicant Propose c to dredge a 6,044 square foot area with existing depth of 3.3' below NWL to a final depth of 6 below NWL and replace 3 piers. COMMENTS ACCEPTED THROUGH January 28, 1996 APPLICANT: Wanchese Seafood Company P. 0. Box 116 Wanchese, NC 27981 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: N.C. Division of Coastal Mgmt _Y 1367 U.S. 17 South Elizabeth City, NC 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF January 26, 1996 Regulatory Branch Action ID No. 199601218 Wanchese Seafood Company Box 116 Wanchese, North Carolina 27981 Dear Sir: 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 January 23, 1996, for Department of the Army (DA) authorization to construct two bulkheads and undertake maintenance dredging activities within a manmade basin, on property located off NC 345, adjacent Mill Landing Creek, in Wanchese, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should You begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601218. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office, at telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland Project Manager Regulatory Branch Enclosure r -2- Copies Furnished (without enclosure): Mr. John Parker /Division of Coastal Management V 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 Ms. L. K. (Mike) Gantt U.S. Fish and wildlife Service Fish and wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division 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. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 2188 Washington, North Carolina 27889-2188 v SENDER „ - r . -' 'Complete items handler 2 for additional services. 9s Q _;'I .. also Wlah t0 receive the w - ,followin services (for an extra m m Complete items 3 end 4a & b ;If 9 y .. u Print your name an address on the reverse of this form so that we can f¢e): 2 return this card to you.:' - +, i r m m f Attach this form to'th; front of the madpiece, or on the back if space ❑ AddreSs¢¢'s Address N m does not permit ,r t Write �fletum fleceiptflequested on the madpiece below the article number r�.2. ❑ Rest ict d Delivery G f . _ s &The flewm Receipt will show to whom the amide was delivered and the date m _ - r delivered.--,.,-r u i Consult ostmaster for fee m m-' 3�Article Addressed to 4a Arucle Number , P' a � 'f';r �.;rl .p 1 T 4b IServlce Type - Lo�I•I��cTf� 1 !.S� �'�J�t'1 ❑ eglstered, ❑ Insured. _ O1 Certified •_ '* ❑ COD - c 1: ElEx re'ss Mad •, ❑ Return Receipt for { _ - - - - m Express Merchandise - G 7. a D. V of '� i. z 5 Si -to (Addr se i ,• Addressee's Address (Only if requested m £ 9 ` RFCFIVtn.; and fee is"paid) _ t 6 ;Slgnatu Agent) Jq pr "8 ~ I s 1� 1' l > PS Korm 3811,`December "1991 , *U.S.GPO: taea- sz•7f4 DOMESTIC,RETURN RECEIPT l r m SENDEIL v 'Co Ite.itemsf7� �- x Q It r 2 for additlonal semeEs 5E It a 0 I also wish to receive the I m Cor)1 2e d".., and- & b ; r ys r followmg'services (for an.extra m H Pn t q'our name antl a rass on the reverse of this form so that we can ' " fH 4 i m returr ih)a card to you p� - - fee): '; -` D Attach this form th ' ' '�'- m ; m dU nt of the madpiece or on the back If space 1. ❑ Addressee's Address f4 m does rioQt' permii r - •� +„ _ tl1 « Wate 'Aenj. __;tipi equested•' on the madpiece below the article number. - 6 •�2. ,❑ Restricted Delivery • The Return fleceipt will show to whom the article was delivered end the date - - m '.delivered. a - - D o - - Consult postmaster for fee. m I v . 3.;:Article Addressed to: -• •- •- >=t-- 4a._ Article Number +'� ¢ ) a Wllv1 Ty o{',.: (.:.YLr -Z 33.0 r) r7t/- oR 95 '• E I - 4b. Service Type. - - cc r/1 fI T Wh.eP�e� ❑ F}egistered '❑ Insured 17TiI 1 a �r _ o _ 2 1 _ _Certrfied ❑COD - S ¢ P�;� 6�x / . , ❑ E s Mail, '❑ Return Receipt •for Merchandise ' 7: D - 4 f,Deliverl':..- IF o 5 Signature (Addressed) Rt`C.l� S. Addressee's Address (Only of requested r .. .r E'1V' + paid) q x 1 t[7 � and fee is paid) w -•.y PS F m 3 11, December 9 1 ,rU.S•GP0:1993—=-714 DOMESTIC RETURN RECEIPT I i ElMoxemvMPe�t Ixc Planning for a better environment (919) 441-0239 December 20, 1995 County of Dare Attn: Mr. Terry Wheeler PO Box 1000 Manteo, NC 27954 Dear Mr. Wheeler: RECEIVED DEC 2 0 1995 Attached you will find a CAMA Major Development application made on behalf of Wanchese Fish Company to perform maintenance excavation and to construct a bulkhead on property which is adjacent to yours on Mill Landing Creek in Wanchese, North Carolina. Should you have comments with regard to this application, do not hesitate to contact me or the North Carolina Division of Coastal Management. Sincerely, �ge H. Wood, CEP 95-120 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 ENMOri;y WALPgOMOKAING Planning for a better environment (919) 441-0239 RECEIVED December 20, 1995 DEC 2 D 1995 Moon Tillet Fish Company, Inc. PO Box 183 Wanchese, NC 27981 Dear Mr. Tillet: Attached you will find a CAMA Major Development application made on behalf of Wanchese Fish Company to perform maintenance excavation and to construct a bulkhead on property which is adjacent to yours on Mill Landing Creek in Wanchese, North Carolina. Should you have comments with regard to this application, do not hesitate to contact me or the North Carolina Division of Coastal Management. Sincerely, 141- /d'61141:71 George H. Wood, CEP 95-120 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 Receipt for Certified Mail No Insurance Coverage Provided rn r.r Do not use for International Mail ws:nvvie ISee Reversal Sorel aml No P . Slnd ZIP Code Post."'! Y cenmed Foe Socnel Delivery Fee i� Reslncled Delivery F R"Urn Receipt Sh m ro Wnpm K Dam 1tty4 tell �� Reto- Re[tlpl Shi w m WIqQp Dale, and Add�assu 's A essl J TOTAL Postage (� P P K r,'s POStmark or Dale Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Revers J �ULIN T a Svicet and No P Gl{Jl.J�0 Stam anT M'!Lx NC �5.$z/ PnslegP $ fentheA qec Special Delrvery Fee Resmcted Dehvery Fee Rewm Recetpl Showi to Whom K Dale Ilmwn Rvcaml i m, Dareand Add a Ae N TOTAL Posta, t KFeesPostmark or W�11 RECF!Iirl DEC 2 2 1995 p • Complete items 1 antl/o. 2 for additional services. . 9s- l a o - m • Complete items 3, and 4a & b. ..- • ! • Print your name and address on the reverse of this form so that we can • I > return this card to you. ! ` • Attach this form to the front of the meilpiece, or on the back if space ., does not permit. as ` ! « • Write"Return Receipt Requested" on the meilpiece below the article number Cdelivered. e The Return Receipt will show to whom the article was delivered and the date m 3. ArticleAddressedto: 4 T An E�lvl j� T/ Or lh2r-if, 4b?Sel I. also wish to receive the i following services (for an extra ! fee): 1. ❑ Addressee's Address -2. ❑RestricL ted Delivery VI— Consult postmaster for fee" I Is Number -_ CO )3,0`)7y a95 e Tun. egistered ( rn ' Y Venifled _. �y 1 (tj � Q c'�X /O � ❑ fixpressMail, � 7. Date of Deliv 5. Signature (Addressee) S. Addressee's/ I F and fee is pai cc 6. Signature (Agent) 0 q PS Form J611, December 1991 *U.S.also: laaa-4ia2-714 DOMESTIC I h c SENDER: y a Complete items 1 and/or 2 for additional services. 9S I rt U' as • Complete items 3. and 4a & b. l • Print your name and address on the reverse of this form so that we can return this card to you. m • Attach this form to the front of the meilpiece, or on the back if space I o does not permit. i t • Write *'Return Receipt Requested" on the meilpiece below the article number •' a The Return Receipt will show to whom the article was delivered and the date I G delivered. ! v 3. Article Addressed to: 4a. Art !m m E 4b.. set u *oov1 IIIIe{ Fisk Co. El rn PO .13ax II 3 Cert ❑ Insured ❑ COD - l! ! '❑ Return Receipt for Merchandise iry; ' o I Wdress (Only,if requested , ETURN RECEIPT - I �I I L also wish to receive the following services (for an extra, fee): Z 1. ❑ Addressee's Address to I I -2. ❑ Restricted Delivery o I W --11n �y t�77 ❑ Express Mail , 7. Date of Deliver a cc 5. Signature (Addressee) 8. Addressee's Ad H and fee is'paid) CC 6. Signature (Agent) fee. for ostmaster r .t . O 1 11 0a ❑ Insured ❑ COD F ❑ Return Receipt for Z I Merchandise r dress (Only if requested �Ta 1 i I i PS Form 3811, December 1991 *U.S. GPO: 110aY35E-714 DOMESTIC RETURN RECEIPT RECEIV u DEC 2 0 1995 r Deer M PAGE175 - IN TESTIMONY WHEREOF the said parties 'of the first part have hereunto set their hands and seals the day and year first above written. 2!/(SEAL) M DCOW S. DANIELS 14AUDE E. DANIELS (SEAL) NORTH CAROLINA DARE COUNTY (14cluen a Notary Public in and for the aforesaid County and State do hereby certify that Malcolm S. Daniels and w fe, Maude E, Daniels, personally appeared before me this day and acknowledged ,.the due execution of the foregoing -instrument. WIPESS my hand and notarial l, this the t, sea 1 L day of P .2 f•... ... NOTARY PUBLIC -j Y COMMISSION EXPIRES: NORTH CAROLINA DARE COUNTY The foregoing certificate of DALIU_O, (2. a Notary Public of Dare County, North Carolina, is certified to e correct. lIII PRESENTED for registration this. day of 7 I-,f(l, at 10!--Y3 O'clock L-M., and recorded in this office in Book Page REGISTER OF DEEDS BY BOCK, 319 riu M FILED 101 It" 10 AN 10 33 ALVA R.171SE REGISi'Li( DEEDS hARF r .ATY,M.C. NORTH CAROLINA DARE COUNTY THIS DEED made this the Bth day of August, 1978, by MALCOLM S. and wife, MAUDE E. DANIELS, partiesof the first part, to DANIELS E INC., a North Carolina corporation, of Wanchese, North Carolina (27 of the second part: W I T'N E S S E T H: THAT thG said parties of the first part, for and in consideratior SUM of ONE HUNDRED 0100.00) D&LARS and other good and valuable consi paid to them by .the said party of the second part, the receipt of whic hereby acknowledged, have bargained, sold and conveyed, and by these I do bargain, sell and convey unto the said party of the second part, it successors and assigns, all that certain tract of land lying and bein5 Dare County, North Carolina, and more particularly described;as follow All that certain tract of land, together with the houses and improvements thereon, lying and being at Wanchese in Nags Head Township, Dare County„ North Carolina, adjoining the lands of C. K. Tillett, E. C. Green, Willis L. Daniels and others, and bounded as follows: RECEIM) DEC 2 0 1.995 party of the eration is esents in BEGINNING at a stake or other marker' situated on the East margin or right of way of the North Carolina State Highway in the Villag of. Wanchese, North Carolina at Mill Landing, said beginning point being in and marking the Southwest corner -of the Willis L. Daniels lot on the East side of said highway, said Daniels lot being formirl the C. K. Tillett Tract, and running thence from ,the beginning po nt along the East margin or right of way of said highway and the cow se of said highway extended in a Southeasterly direction to the E. C Green line; thence along the E. C. Green line in a Northeasterly direction to Mill Landing Creek; thence in a Southeasterly direct on along the course of said Creek and across the said Creek to the end of the point of land on the East side of.the mouth of said Creek; thence continuing around the said point'.so as to include the same in a general Easterly and Northeasterly direction to'loanoke Sound; :thence along the various courses of Roanoke Sound"hn a Northweste ly direction to the C. K. Tillett line at the'Sourl; thence in a Sou h- westerly direction along the C. K. Tillett and Willis L. Daniels South lines to the State highway and point of beginning. Said lands to include all of the lands heretofore owned by Minnie Lee Daniels as a part of the Spencer Daniels Tract lying on the East side of the said highway. Same being the lands and property conveyed to Malcolm S. Daniels et ux by Baron Kalb Daniels et ux by deed dated January 26, 1956, and recorded in Book 66, page 410, Dare County Registry. TO HAVE AND TO HOLD the above described lands and premises togeth�r with all the privileges and appurtenances thereunto belonging unto the said party of the second part, its successors and assigns, in fee simple forever.) AND the said parties of the first part, for themselves and their administrators, executors and assigns, covenant to and with the said p the second part, its successors and assigns, that they are seized of s in fee simple; that they have a good right to convey .the same in fee; same are free, and clear of all encumbrances whatsoever; and that they forever warrant and defend the title to the same against the claims of persons whomsoever. tp of d lands at the all JRH-29-1995 13:17 FFC'M DCM—DI'7 E. CITY _ '.,State of North Carolina = -Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director Coastland Tuxes Legal Advertisement Section P. O. Box 488 A'?anteo, NC 27954 TO 191943:i1495 P.01/0 { Post -it" Fax Note 7671 Date # o+e )' A pag TO �C G U f .� //s Frcro n f4 AEl—i.�. coJDopt. c.e1A - t!QgL- -- C&G G- - Mono# l9-733•�a 3 Pnona# I&�_ December 29, 1995 Re: Public Notice - WANCHESE SEAFOOD COMPANY Dear Sir: } Please publish the attached Notice in the Sunday, January 7, 1996, issue of the Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the afidavit, an original copy of the published notice, and an original invoice to Kris M. Horton, Divist()n of Coastal Management. P. O. Box 27687. Raleigh, North Carolina 27611. Thant: you for ,your assistance in this matter. If you should have any' ques6ow. please contact me at our Elizabeth City office. Sincerely, Richard L. Watts District Manager RLW/kh Enclosure cc: Join Parker .Deborah Sawyer Kris M. Horton File ie'^.7h,r, ^15.726-7021 -,i g �c• TL,THL F. U1